09/29/2014 Council Worksession Meeting Minutes September 29, 2014
City of Clearwater
City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
e
Meeting Minutes
Monday, September 29, 2014
1 :00 PM
Council Chambers
Council Worksession
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City of Clearwater
Council Worksession Meeting Minutes September 29, 2014
Roll Call
Present 5 - Mayor George N. Cretekos, Vice Mayor Doreen Hock-DiPolito,
Councilmember Bill Jonson, Councilmember Hoyt Hamilton and
Councilmember Jay E. Polglaze
Also Present —William B. Horne — City Manager, Jill S. Silverboard —Assistant City
Manager, Rod Irwin —Assistant City Manager, Pamela K. Akin - City
Attorney, Rosemarie Call - City Clerk, 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 — Given.
2.1 NACWA Silver Awards - East and Northeast Water Reclamation Facilities - Loren
Pratt and Jeffrey Borden
3. Human Resources
3.1 Approve the collective bargaining agreement as negotiated between the City of
Clearwater and CWA Local 3179 for Fiscal Years 2014/15, 2015/16, and 2016/17 and
authorize the appropriate officials to execute same. (consent)
The current collective bargaining agreement between the City of Clearwater
and CWA Local 3179 expires on September 30, 2014. City management staff
and representatives of CWA Local 3179 reached a tentative agreement for a
new contract. The bargaining agreement was subsequently submitted by the
Union to its bargaining unit which ratified the agreement by a vote of 395 to 33
on September 11, 2014.
The agreement is a three-year contract providing for a $1500 base pay merit
increase in the first year, a 3% base merit increase in the second year, and a
2.5% base merit increase in the third year for all bargaining unit personnel who
attain a rating of Meets expectations or better on their annual performance
evaluation, with any amount that exceeds the employees' respective pay range
maximum being paid as a one-time lump sum.
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The agreement also includes additional incentives for Building inspectors to
obtain multiple licenses, an increase in the annual tuition reimbursement
amount from $650 to $1200, pay for court time when subpoenaed outside of
work hours, the inclusion of domestic partners as immediate family members
for the use of sick leave and funeral leave, and administrative changes that will
provide for greater consistency in the distribution of safety shoes as well as the
assignment of meal times and overtime.
APPROPRIATION CODE AND AMOUNT:
The costs associated with the implementation of this agreement are anticipated
to be approximately as follows:
FY 2014/2015: $1,532,000 All funds $619,000 General Fund
FY 2015/2016: $1,578,000 All funds $637,600 General Fund
FY 2016/2017: $1,617,000 All funds $653,500 General Fund
TOTAL: $4,727,000 All funds $1,910,100 General Fund
A first quarter budget amendment will allocate reserves from the operating
funds to cover the cost of CWA pay increases for the current budget year.
Future budgets will include the contract costs in the proposed budgets.
In response to questions, Human Resources Director Joe Roseto said the
2015 base pay merit increase will be included in the 2016 base pay increase.
Those at the top of their pay range will receive a lump sum payment, the merit
increase will not be included in their base.
Staff was directed to provide the five-year fiscal forecast to include the merit
pay increases. There was consensus to take Item 3.1 off the consent
agenda.
3.2 Amend Chapter 2, Article V, Division 3 of the City of Clearwater Code of Ordinance
amending the Employee Pension Plan to comply with Section 401(a)(31)B of the
Internal Revenue Code, and pass Ordinance 8607-14 on first reading.
Internal Revenue Regulations require two amendments to the Clearwater
Employee Pension Ordinance.
The changes to Section 2.398 and restated in Section 2.424 (Time and Manner
of Payment) requires the Plan Administrator to deposit any lump sum payout
exceeding $1000 into an individual retirement plan designated by a trustee
should the distribute not make an election otherwise.
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The changes to Section 2.393 and restated in Section 2.412 add additional
language to the definition for compensation to include severance payments
and overtime.
3.3 Employee Health Center Update (WSO)
The Employee Health Center has been in operation since July 2010. This
presentation will provide an update concerning the operation of the facility and
the saving the City has recognized since its inception.
Human Resources Director Joe Roseto provided a PowerPoint
presentation.
3.4 Authorize the funding of city medical insurance and a contract between the City and
Cigna Healthcare for administrative services under a partial self-insured funding
arrangement for the period of January 1, 2015 to December 31, 2015 at a total cost
not-to-exceed $16.8 million, to be funded through city budgeted funds, payroll
deduction of employee premiums, and reserves from the City's Central Insurance
Fund. (consent)
For plan year 2015, the City's Agent of Record the Gehring Group provided an
actuarially supported renewal based on the City's claims trending and
projected an increase of 10.9% in funding of the plan would be necessary to
meet the claims and administrative cost obligations of the plan while
maintaining the plan design in effect for 2014. Cigna has implemented a new
physician network referred to as Local Plus which recognizes a sub-group of
physicians within their network that are achieving optimal outcomes in patient
care and cost saving. Based on a review of the City's 2013 claims for service,
Cigna has estimated the City could realize savings of between 4% - 8% if such
claims had been administered through the Local Plus network.
The proposed renewal would adopt two new Cigna Local Plus Network plan
options maintaining the current City PHA and Base Plan schedules of benefits,
with a requirement that participants complete a Personal Health Assessment
through the City's Employee Health Center and also complete the Cigna online
Health Assessment tool in order to be enrolled in the PHA plan. The proposed
renewal would also incorporate mental health/substance abuse coverage
under the medical plan with Cigna, as the City's EAP provider MHNet has
indicated it will no longer offer MH/SA coverage on a fully-insured basis. In
addition to the medical insurance renewal, as an incentive for each employee
who completes the Health Assessment requirements the City would share 50%
of any budgeted surplus to fund an individual Health Reimbursement Account
in an amount between $100-$500 dependent on a pre-determined schedule
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based on the amount of savings realized.
The City's Benefits Committee voted unanimously to recommend to City
Council that the proposed plan design, rates, Health Assessment
requirements, and wellness incentives be adopted and that Cigna be retained
as administrator of the City's account for 2015. Staff concurs with the Benefits
Committee recommendations.
The cost of implementing this plan option would result in an increase to the
City's contribution of an estimated $892,000, or 7.4% for calendar 2015 versus
the prior year. The total estimated calendar year 2015 cost would be
approximately $16.66 million ($13.02 million City share, $3.64 million
employee/retiree/cobra share).
For fiscal year 2015, the City has budgeted $12,813,900 for approximately
1,498 full time positions for the City's share of medical insurance coverage.
The City's estimated share of actual expenses for fiscal year 2015 per this
recommendation is estimated at$12,832,200. The difference of$18,300
would be funded by the reduction in the cost for the mental health/substance
abuse coverage as a result of folding the coverage under the Cigna medical
plan rather than MHNet, which is expected to save the City approximately
$75,000 annually.
This recommendation also maintains the current funding strategy for City
contributions to health care premiums representing 100% of the cost for
Employee Only, 75% of the cost for Employee plus One, and 68% of the cost
for Employee plus Family coverage.
APPROPRIATION CODE AND AMOUNT:
590-07000-545600-000-medical
Human Resources Director Joe Roseto provided a PowerPoint
presentation.
In response to a question, Mr. Roseto said under the new plan, employee + 1
will be increased by$14 per month. The only way to control healthcare costs
are by filing less claims.
3.5 Amend the City of Clearwater Money Purchase Pension Plan Second Restatement to
comply with Section 7121 of the IRS Code, codify the amended Second Restatement
as Division 6, Chapter 2, Clearwater Code of Ordinances, and pass Ordinance
8612-14 on first reading.
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The City of Clearwater Money Purchase Plan was established effective August
28, 1997 and restated November 20, 2008. The plan must be amended to
comply with the provisions of the Economic Growth and Tax Relief
Reconciliation Act of 2001 (EGTRRA). The amendment will amend Section
6.5. Limitations on Contributions of the Plan by amending Section 6.5(b) and
deleting Section 6.5(c).
This amendment eliminates the requirement to dispose of excess annual
additions to contributions.
The Money Purchase Pension Plan Second Restatement was approved by City
Council on November 6, 2008, but was not codified. The current Ordinance
instructs Municode Corporation to codify the amended Second Restatement.
4. Fire Department
4.1 Approve the Fire Protection Services Agreement between Pinellas County Fire
Protection Authority and City of Clearwater for a three-year term beginning October 1,
2014 through September 30, 2017 and authorize the appropriate officials to execute
same. (consent)
The Pinellas County Fire Protection Authority is a special district created for
the purpose of providing fire protection services throughout the unincorporated
areas of Pinellas County, pursuant to Chapter 73-600, Laws of Florida.
Pinellas County has contracted with various municipalities and independent
special fire districts in the County to provide fire protection services, which
include:
• response of firefighting apparatus, units and personnel to the scene of
a fire, life safety related emergency, man-made or natural disaster, or
public series request;
• command and control of the emergency scene, containment of any fire
and mitigation of any hazards, including specialized rescue;
• investigation of any fire to determine the cause and origin;
• inspection of commercial, industrial and multi-family dwellings for
compliance with fire and life safety codes; and
• education of the public in fire prevention, life safety, and disaster
preparedness.
In 1999, the Fire Protection Authority signed a 10-year agreement with the
contract providers that expired on September 30, 2009.
Since 2009/10, the Fire Protection Authority and the contract providers have
extended the contract for one year terms. The current agreement expires
September 30, 2014. The current proposal is for a 3-year term. The
agreement may be extended for an additional two years following the initial
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term upon the mutual agreement of the parties.
Through this contract, Clearwater Fire and Rescue will provide fire protection
services to the residents of the City of Clearwater and to individuals within the
unincorporated area of Pinellas County that is located within the Clearwater
Fire Control District. The City of Clearwater has 6.49 square miles of
unincorporated land located within the Clearwater Fire Control District.
Pinellas County Fire Protection authority will continue to compensate
Clearwater Fire and Rescue for the fiscal year commencing October 1, 2014
under the same terms as the previous contract. Under that contract 10.9% of
the Clearwater Fire District was determined to be unincorporated Pinellas
County for 2014. Therefore, the County reimbursed the City 10.9% of the net
department budget or approximately $2.0 Million for fiscal year 2014. The
reimbursement percentage can fluctuate year to year as property values within
the fire district change.
5. Parks and Recreation
5.1 Approve a recommendation by the Public Art and Design Board for the commission of
a public art installation entitled Accumulate to be installed at Fire Station 45 located at
1140 Court Street, as designed by artist Aaron Stephan for a total cost of$106,950.00
to be funded from the Main Station Fire Construction capital improvement project.
(consent)
The theme and scope of the project was determined with input from
representatives from project construction team, the Clearwater Fire department
and members of the Parks and Recreation department. The desired intent for
the artwork was to commission public artwork that serves as an artistic
enhancement to the City's fire station and best exemplifies the spirit of the
firefighter.
The Public Art and Design Board appointed a five-member Selection Panel
comprised of individuals representing specified interests and expertise as
follows:
Neale Stralow (Chair), member of the PADB
Chief Robert Weiss, Fire Department representative
Tara Kivett, construction manager and building representative
Felicia Leonard, Parks & Recreation representative
Noah Rollins, Gensler Architects and Rollins Fine Art, aesthetics
representative
A nationwide Call to Artists was issued and three artist finalists were invited to
create a site-specific proposal of artwork for the memorial. On August 11,
2014 the Selection Panel met to review the site-specific proposals and selected
the concept of artist Aaron Stephan as it best fit the theme and artistic desires
of the project stakeholders.
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On September 4, 2014 the Public Art and Design Board unanimously approved
Mr. Stephan's proposal. 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 as well as visitors to Clearwater making Clearwater 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 and Private
Development program.
APPROPRIATION CODE AND AMOUNT:
Funds are available in capital improvement project 315-91253, Main Station
Fire Construction.
In response to questions, Recreation Specialist Christopher Hubbard said the
proposed piece will be installed in the facility's southwest corner, where the
public entrance/atrium is located. The art piece will be visible, and not visible,
at various points of the day. The sculpture will be lit at night for a nighttime
presence. Mr. Hubbard said staff would contact the Chihuly Museum
regarding dusting and care. Dusting would not be needed during the first five
years. The City's public art program requires the piece to be I% of the
project's construction cost and budgeted as part of the project. Placement of
the piece was discussed with Project Manager Tara Kivett, the atrium was
determined to be the best location. Mr. Hubbard said there is insufficient
green space on the site for an outdoor sculpture.
Concerns were expressed with cost of the artwork and inability to view piece
from the outside.
It was suggested that the artist provide a digital simulation of what the art piece
would look like in the day and night.
Staff was directed to take Item 5.1 off the Consent Agenda.
5.2 Approve a Maintenance Memorandum of Agreement (MOA) with the State of Florida
Department of Transportation for the maintenance of the non-standard 10' wide
concrete sidewalk on the north side of SR 590, NE Coachman Road and authorize the
appropriate officials to execute same. (consent)
State Road 590, NE Coachman Road, will be reconstructed by the Florida
Department of Transportation in 2015 from just west of its intersection with
Belcher Road to just east of US Hwy 19.
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As part of the roadway project, the reconstruction includes sidewalks. This
MOA only applies to the portion of sidewalk from Old Coachman Road to the
Duke Energy right-of-way. This 10 ft. concrete sidewalk will serve as part of
the Duke Energy Trail. The Duke Energy Trail will utilize the Ream Wilson
Trail from its terminus at the Ream Wilson Trail (near Bright House Networks
Field) to the intersection of NE Coachman Road. At the intersection of NE
Coachman, the trail will continue northeast along the north side of State Road
590 to Duke Energy right-of-way. This alignment is necessary to avoid a
crossing of the CSX railroad tracks.
The Duke Energy Trail is of significant regional impact, and has been identified
in the City of Clearwater's 2006 Bicycle and Pedestrian Master Plan, the
Pinellas County Long Range Transportation Plans, and represents a
cooperative effort between the City of Clearwater, Pinellas County,
Hillsborough County, the City of Tampa and the Florida Department of
Transportation.
The MOA requires that the City provide routine maintenance of this section of
sidewalk (trail) including, but not limited to mowing, minor asphalt repair, debris
removal, residue accumulation removal, and other minor repairs. The Florida
Department of Transportation will be responsible for major maintenance items.
The City of Clearwater currently maintains part of the landscaping along State
Road 590 as well as the Ream Wilson Trail and does not anticipate any
substantial financial impacts caused by this MOA that cannot be addressed
within our existing budget.
This item supports the City's Strategic Vision by providing quality maintenance
of public rights-of-ways and sidewalks thus providing safe alternative
transportation and recreational paths in the City for residents and visitors.
In response to questions, Parks and Recreation Director Kevin Dunbar said
the trail currently goes to the Carpenter Complex and terminates into the
Ream Wilson Trail. The trail user would cross Old Coachman Road to stay on
the Ream Wilson Trail and then cross over SR 590 to access the Duke Energy
Trail. This configuration allows for one crossing of CSX railroad instead of two.
5.3 Award a contract (purchase order) to Complete Property Services Inc. (CPS), of
Oldsmar Florida Bid 25-13, for$243,099 to perform Phase 11 of structural caulking and
concrete repairs needed throughout Bright House Field stadium.
On October 3, 2013 the City Council approved awarding a contract to CPS to
perform Phase I of structural caulking and concrete repairs at Bright House
Stadium for $241,272.
Phase I addressed the repairs needed for the seating bowl while Phase 11 will
address the suite areas and office areas on the second floor, stairwells, as well
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as all other joints in the stadium not repaired under Phase I.
This contract will provide for completion of Phase II.
CPS agreed to hold their cost on their original bid 25-13.
This is a 120 day project and will be completed prior to Spring Training 2015.
Sufficient funds are available in Capital Improvement Program project
315-93640, Bright House Field Repairs, for this contract.
This item supports the City's Strategic Vision to provide quality facilities (Bright
House Field) for not only the enjoyment by residents but to promote the sports
tourism associated with the Phillies.
APPROPRIATION CODE AND AMOUNT:
Funds are available in capital improvement project 315-93640, Bright House
Field Repairs, to fund this contract.
5.4 Approve a one-year Agreement with Juvenile Welfare Board (JWB) and the City of
Clearwater for funding of youth programs, at a rate of$22.56 per child, per day;
approve a first quarter budget amendment of$402,442 into 181-99872, and authorize
the appropriate officials to execute same. (consent)
Since 2000, the City has received funding from JWB Children's Services
Council to provide after school and summer programming for youth in
Clearwater. Once again, the City has been awarded funding for youth
programming for Fiscal Year 2014/2015 from Juvenile Welfare Board. In the
past several years, Coordinated Child Care was an administrative service
agency used by JWB to distribute and oversee these funds. This year, the City
is contracting directly with JWB.
Rather than funding a set amount for the program, this Agreement will pay
$22.56 per child, per day. The budget is based on a current average of 64
children participating in the program on a daily basis. There are 261
reimbursable days during the year. $22.56 x 64 children x 261 days =
$376,842. In addition, professional service enrichment funding of$400 per
child is allocated. This amount is $25,600; $400 x 64 children = $25,600. The
total funding allocation is $402,442; $376,842 + 25,600 = $402,442.
Charting a Course for Youth is a program developed to nurture youngsters at
the Clearwater neighborhoods in which youth need the most direction. The
program leaders have developed a safe haven for community youth ages 7- 14
at Ross Norton and North Greenwood Recreation Complexes.
The program is designed to incorporate exercise and nutrition based activities
in an after school and summer camp setting, to encourage healthy lifestyle
choices, improve social skills, increase athletic abilities, and develop leadership
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skills of the participants. Academic enrichment curriculum is also included in
the program.
There is no requirement to continue the program when the grant ends.
This item supports the City's Strategic Plan by partnering with other public
organizations to be more efficient in providing services and programs to the
youth of our community.
APPROPRIATION CODE AND AMOUNT:
A first quarter budget amendment funded by Juvenile Welfare Board into
Special Program Fund Coordinated Child Care 181-99872, in the amount of
$402,442.
In response to questions, Parks and Recreation Director Kevin Dunbar said
youth programming includes after school and summer activities. JWB funding
requires that the activities include specific curriculum and enrichment series.
5.5 Approve increased funding for Special Program Fund Special Events (181-99865) by
$275,000 from unappropriated retained earnings to assist in funding City Centennial
Celebration Events including a major concert at Coachman Park ($200,000), and a
downtown parade with fireworks ($75,000). (consent)
The City Centennial Celebration Committee and City Council have been
working for over a year on developing a plan to recognize and celebrate the
City's one hundred years of existence. It is designed to be an exciting year of
remembering the past, celebrating the present and anticipating the future for
the citizens of Clearwater.
City of Clearwater will partner with the community and community groups
throughout the year to celebrate the City and have fun doing so. Staff will
reach out to existing partners and others who may want to join the party
including the Tampa Bay Rays, Tampa Bay Buccaneers, Phillies, Ruth Eckerd,
Morton Plant, Clearwater Marine Aquarium, our event sponsors and many
others to make this a memorable year.
Each month from January to December there will be a special event that will
recognize the centennial and place emphasis on who we are as a City.
At the August 18, 2014 Council worksession, staff received informal direction
from Council to move forward with planning a major concert at Coachman Park
to be held in April and a community parade to be held on Memorial Day
weekend. In order to do this staff is requesting additional funding to seed and
produce these two events for $275,000. Additional funding required to
produce both events is to be generated through ticket sales, sponsors,
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beverage sales and vendor revenue.
Prior Funding approval of$150,000 has already been set aside and being used
to fund all of the other year long activities associated with the events including
centennial book, window clings, rotating art display, logo contest awards etc.
A first quarter budget amendment will provide a transfer of$275,000 from
unappropriated retained earnings to Special Events 181-99865.
This item supports the City Strategic Vision by providing opportunity for
community engagement throughout the year by celebrating the wonderful
place we call home, City of Clearwater.
APPROPRIATION CODE AND AMOUNT:
A first quarter budget amendment will provide a transfer of$275,000 from
unappropriated retained earnings to Special Program Fund Special Events
181-99685.
In response to questions, Parks and Recreation Director Kevin Dunbar said
that there would be a limit on the number of concert attendees even if it is a
free concert. If people bring their own chairs, it cuts down on the number of
people allowed in the event. Mr. Dunbar said the Fire Marshall determines the
amount of people that are allowed in.
A comment was made that with this type of budget, it would be a sellout
crowd. It was suggested that Beach Walk be used as a parade route.
5.6 Approve Sponsorship Agreement (Agreement) between the City and CBS Radio
Stations, Inc. (CBS Radio) for MAXIMA'S Hispanic Heritage Concert (Event) to be
held at Coachman Park on October 12, 2014 and authorize the appropriate officials to
execute same. (consent)
CBS Radio has partnered with the City on several successful concerts over the
past years; including Hispanic Heritage Concerts and Wild Splash Concerts.
The Hispanic Heritage Concert is one of the Class 3A events Council approved
in the annual Special Events Agenda Item on April 18, 2013. This Class 3A
event is produced by the Parks and Recreation Department with all costs being
covered by revenues from the event.
This agreement spells out the responsibilities of both CBS Radio and the City
and other terms relating to the concert. It is similar to other concert
agreements the City Council has approved.
CBS Radio responsibilities primarily include helping to secure the talent for the
Event, promotion of the event on their radio station and website, remote
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broadcast the day of the event and other miscellaneous promotional activities.
The City will provide the event location, setup, production, sale of tickets,
security, and all staffing needed for the event.
Revenues from the event more than cover the cost of the event and profits
made from the event are deposited back into the Special Event Fund so that
other concerts and events can be conducted for the residents of Clearwater at
little or no cost i.e. Celebrate America, Fun N Sun, etc.
The event is very well received and has had maximum capacity of Coachman
Park during the past several years.
This item supports the City's Strategic Vision by providing a diverse community
festival for the citizens as well as visitors to Clearwater making Clearwater a
better place to live, learn, work, visit and play.
5.7 Award a contract (purchase order) to TS Sports of Dallas, TX, Bid 14-0030-PR for the
construction and installation of a new video and scoreboard for Bright House Field
which includes a 10% contingency, for$680,484; and transfer $776,214 to Bright
House Field Repairs (CIP315-93640) from unappropriated retained earnings to
complete the funding for this project and authorize the appropriate officials to execute
same. (consent)
Included in the Fiscal Year 2014/15 Capital Improvement budget is $216,900
for the replacement of the existing scoreboard at the stadium. Additionally
$200,000 was budgeted in Fiscal Year 2015/16 to replace the video display
board.
Both the scoreboard and video boards have been failing for some time and
parts are no longer available to make even the smallest necessary repairs.
Staff from both the Phillies/Threshers as well as the City with the help and
advice from consultants came to the same conclusion that the existing video
and scoreboard would not last another season and thus, are recommending
that they be replaced prior to the beginning of baseball season in 2015.
Competitive bids were solicited for the design, construction and installation of
the new score board and video system with three respondents. Two were
qualified to place bids while the third did not meet necessary standards to
qualify.
TS Sports had the lowest and most responsive bid at$680,484 (Option 3 and
Alternate 4). This contract will provide for the removal of the existing
scoreboard and video board, design of the new system, construction of the
new boards, maintenance of the boards when complete and spare parts for
future repairs. The new video system will be state of the art and carry a
10-year warranty on parts and labor.
A separate bid is being developed to purchase the remaining items needed to
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complete the operational aspects of the video and scoreboard including
cameras, switching gear, etc. estimated to cost$250,000.
Summary of expenses and revenues as follows:
Expenses: $680,484 TS Sports bid
$250,000 Additional cameras and equipment
$ 62,630 Professional services costs
$993,114 Total
Revenues:$216,900 Existing CIP 315-93640
$776,214 Retained earnings
$993,114 Total
This is a 120 day project and will be completed prior to Spring Training 2015.
This item supports the City's Strategic Vision to provide quality facilities (Bright
House Field) for not only the enjoyment by residents but to promote the sports
tourism associated with the Phillies.
USE OF RESERVE FUNDS:
Funding for this contract will be provided by a first quarter budget amendment
allocating General Fund reserves in the amount of$776,214 to capital
improvement project 93640, Bright House Field Repairs. The balance in
General Fund reserves is approximately $19 million or 16.2% of the 2014/15
General Fund operating budget. A total of$1,051,214 of General Fund
reserves has been used to date to fund expenditures in the 2014/15 operating
budget.
In response to questions, Parks and Recreation Director Kevin Dunbar said
the cameras are considered an amenity of the ballpark. Assistant City
Manager Jill Silverboard said the City has been the responsibility party for all
the camera infrastructure. The existing scoreboard was installed 12 years ago.
5.8 Approve Request for Proposal 35-14 (RFP) rankings for the operation and
maintenance of the Barefoot Beach House located at 332 S. Gulfview Blvd. and allow
staff to negotiate a lease agreement with Fields, Inc. of Clearwater, Florida, for a term
of five years with one renewable term of five years.
The current agreement with Fields, Inc. to operate the Barefoot Beach House
(BBH) expires on December 31, 2014.
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On June 16, 2014 the City issued RFP 35-14 to solicit interested parties in the
operation of the BBH from January 1, 2015 to December 31, 2019 with one
renewable term of five years.
On July 16, 2014 the City received two qualified proposals; Fields, Inc. of
Clearwater, Florida and Boucher Brothers Clearwater Beach, LLC.
On August 21, 2014, after oral presentations by both proposers the RFP
committee (Jay Ravins, Geri Lopez, Kevin Dunbar, Gina Clayton and Art
Kader) recommend the following rankings for the two proposals.
1. Fields, Inc. of Clearwater, Florida
2. Boucher Brothers Clearwater Beach, LLC.
If for some reason staff cannot negotiate an acceptable lease agreement with
Fields, Inc. then they will move forward with attempting to negotiate an
agreement with Boucher Brothers.
It should be pointed out that both proposals were excellent and the RFP
committee felt that either party would be acceptable and do an excellent job for
the City.
The proposals were ranked by the following criteria:
a. Successful experience in State of Florida and Pinellas County providing
similar services
b. Longevity of proposer providing these types of services
c. Successful experience in Florida managing and operating a public
building
d. Compensation or financial benefits to the City of Clearwater.
e. Proven financial stability and resources available to fulfill contract
f. Documented involvement and service to the community
g. Responsiveness and completeness of RFP
The ranking of both proposals were very close but the decision to rank Fields,
Inc. as number one came down primarily on the issue of the potential financial
return to the City and strong community relationships.
Fields, Inc. proposal provides for a greater opportunity for the City to make
more revenue than the Boucher Brothers proposal; while the Boucher Brothers
proposal provides for a greater guarantee to the City over the term of the
agreement.
Guarantee return from Boucher Brothers was $500,000 while Fields, Inc. was
$100,008 per year. However, the percentage on beach rentals and
percentage on additional concessions revenue by Fields, Inc. was substantially
higher than Boucher Brothers. Percentage returns on beach rentals for Fields
was 50% compared to 10% for Boucher Brothers.
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Formulas were developed to analyze the potential return scenarios based on
calendar year 2013 and in all scenarios where there is any growth potential in
concessions or rentals Fields, Inc. proposal yields substantially more revenue
to the City. However if there were a down turn in the economy and the gross
revenues per year decreased by 1% then the Boucher Brothers scenario would
be higher in terms of total return to the City.
Based on 2013 gross revenue the City would receive $602,979 from Fields,
Inc. and $596,767 from Boucher Brothers.
The 2014 gross revenue as of July 31 st is running 12.8% higher than in 2013;
(21.7%) in beach rentals and (3.8%) in concession sales. And, there is no
indication that this revenue will decrease with the additional new developments
coming to Clearwater Beach as well as projected growth in tourism.
While Boucher Brothers has been very active in supporting and partnering with
both non-profit and civic organizations in the areas they have business in,
contributing both time and money (over $200,000 in 2012 and 2013), they have
not contributed to any Clearwater community groups or organizations.
On the other hand Fields, Inc. has deep roots in the community and has been
a part of and contributed to the fabric of the community for over 20 year. In
addition to monetary assistance for over 30 organizations they have been
active on local boards and civic groups as well as developing and sponsoring
Sunsets at Pier 60 and Sugar Sand Festival as part of Fun N Sun Festivals.
If the ranking is approved by Council, staff will negotiate a new agreement with
Fields, Inc. to be brought back to Council for approval at a later date.
Parks and Recreation Director Kevin Dunbar said the City received a
challenge to the bid during the last council meeting. The City responded to
their concerns, no further correspondence has been received.
6. Police Department
6.1 Approve a Prisoner Transport Interlocal Agreement between the City of Clearwater
and the Pinellas County Sheriff's Office to commence October 1, 2014 and remain in
full force and effect unless terminated in writing by either party and authorize the
appropriate officials to execute same. (consent)
On July 16, 2009, the City Council approved an Interlocal Agreement for the
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Police Department's participation in a countywide project with the Pinellas
County Sheriff's Office (PCSO) to implement a Prisoner Transport System.
The program was officially implemented on October 1, 2009, and has proven to
be a success, saving police officer time and transportation costs to and from
the jail.
The City of Clearwater and the Pinellas County Sheriff's Office currently have
in effect, as of July 1, 2013, a Memorandum of Understanding amending the
2012/2013 Prisoner Transportation Interlocal Agreement through September
30, 2014, providing for countywide prisoner transportation through a private
contractor (G4S) with costs to be covered by a Justice Assistance Grant (JAG)
funds until funds are completely expended. During the term of the
Memorandum of Understanding, JAG funding has been depleted and prisoner
transport service has continued without cost to the City of Clearwater Police
Department.
The proposed Interlocal Agreement outlines the terms under which the Sheriff
will provide prisoner (arrestee) transportation service to the City from various
locations within Pinellas County to the Pinellas County Jail, the Pinellas Safe
Harbor, and/or the Pinellas Juvenile Assessment Center, through its vendor,
G4S. Through a separate Agreement between the Sheriff and G4S, officers of
G4S used for this purpose will only be retired or former law enforcement
officers.
Under the terms of the proposed Agreement, the Sheriff has agreed to
transport Clearwater arrestees at no cost to the City.
6.2 Approve a lease agreement between the InterCultural Advocacy Institute, Inc. and the
City of Clearwater for the premises located at 612 Franklin Street, Clearwater, Florida,
for a period November 1, 2014 through October 31, 2017, and authorize the
appropriate officials to execute same. (consent)
Historically, commencing November 1, 2001 the Clearwater City Council has
approved lease agreements between the YWCA of Tampa Bay and the City of
Clearwater for the premises located at 612 Franklin Street, Clearwater. The
premises were utilized to create and operate a central one-stop facility that
housed many relevant services needed by Clearwater's Hispanic community.
The City of Clearwater currently has a lease with the InterCultural Advocacy
Institute, Inc. (ICAI) for the premises located at 612 Franklin Street,
Clearwater, Florida, terminating on October 31, 2014, for the operation of the
Hispanic Outreach Center (HOC).
To date, all partnerships involving the premises known as the HOC and the
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attendant community programs have been very successful and have received
public acclaim.
A current listing of some of the services/programs offered at the HOC include:
• Referring both victims and witnesses to CPD.
• Referring individuals to civil court or other non-profits for assistance.
• Handling domestic injunctions and referrals.
• Training and Consultation. Topics include Human Trafficking,
police-minority relations, and cultural integration.
• Collaborating with Community Organizations such as the Mexican
Council of Tampa Bay, Suncoast Center, Girl Scouts of West Central
Florida, Gulfcoast Legal Services, and others, to provide on-site
services for the Hispanic community.
• Managing the Hispanic leadership Council, of which the City of
Clearwater and the Clearwater Police Department are members, to
enhance services and access for the Hispanic community.
• Providing Interpreter and victim advocacy services. These services
respond to the needs of the Hispanic community and may include
health matters, legal issues, and other concerns identified by the
Hispanic community, the Lessee, or CPD.
• Providing English for Speakers of Other Languages (ESOL) classes
coordinated by the HOC.
• Administering Youth services. HOC administers various Youth
Programs targeted toward at-risk youth from Hispanic and other ethnic
or language groups. These programs focus on risk reduction and the
development of individual and leadership skills needed in adulthood.
ICAI will be responsible for all maintenance of the inside of the premises
and for all utility costs. The City will be responsible for all maintenance of
the exterior of the premises, including the building and grounds. Either
party may terminate the agreement on thirty days written notice if any
single item of maintenance or repair exceeds $5,000.
APPROPRIATION CODE AND AMOUNT:
• ICAI will be responsible for all maintenance of the inside of the
premises and for all utility costs.
• The City will be responsible for all maintenance of the exterior of the
premises, including the building and grounds.
• Either party may terminate the agreement on thirty days written
notice if any single item of maintenance or repair exceeds $5,000.
7. Engineering
7.1 Award a construction contract to B.L. Smith Electric, Inc. of Dundee, Florida, for the
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East Water Reclamation Facility Generator and Marshall Street Water Reclamation
Facility Lab Electrical Improvements Project (11-0025-UT) in the amount of
$1,527,457.00, which is the lowest responsible bid received in accordance with the
plans and specifications, and authorize the appropriate officials to execute same.
(consent)
This work provides for the installation of a new 800 KW Generator and
Ductbank at the East Water Reclamation Facility (WRF). Historically, two
existing standby generators (North and South) for this bayside plant have
resided below the Base Flood Elevation making them susceptible to flood
damage at a time when they will likely be relied upon for plant emergency
power. The previously approved design work order with the Engineer of Record
(EOR) Arcadis produced a design where the two existing generators will be
removed and one new generator will be mounted on a concrete platform above
the base flood elevation. Emergency power to the South portion of the plant
will be delivered via a new flood resistant underground concrete ductbank.
In addition to the East WRF scope of work, this construction contract provides
for a new uninterruptable power supply and load shed system at the Utilities
Laboratory co-located at the Marshall Street WRF. A previously approved
design work order with FOR Arcadis identified a means to facilitate meeting
Florida Department of Environmental Protection permit requirements
(laboratory analysis) during power outages without increasing the required
generator size. The new system via an emergency panel, load shed
management panel, multi circuit uninterruptable power supply (UPS), multiple
point of use UPS and a revised circuit layout, will allow the lab's existing
standby generator to provide continuous power to the lab's critical circuits.
The design phase was completed in April 2014 and the construction phase is
scheduled for completion by August 2015.
The City of Clearwater's Public Utilities Department is responsible for owning,
operating and maintaining the East WRF and Utilities Laboratory at Marshall
Street WRF.
APPROPRIATION CODE AND AMOUNT:
0327-96619-561300-535-000-0000 $ 200,000.00
0315-96619-561300-535-000-0000 $1,151,447.00
0327-96645-561300-535-000-0000 $ 176,010.00
A first quarter amendment will transfer Utility Renewal and Replacement funds
in the amount of$200,000.00 from 0327-96645, Laboratory Upgrade to
327-96619, WWTP Generator Replacements.
Funds are available in Capital Improvement Program project 0315-96619,
WWTP Generator Replacements, in the amount of$1,151,447.00 and
$176,010.00 in Utility Renewal and Replacement project 0327-96645,
Laboratory Upgrade, for total funding in the amount of$1,527,457.00.
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7.2 Approve the Utility Work by Highway Contractor Agreement with the State of Florida
Department of Transportation (FDOT) for the relocation and modification of several
city facilities in the amount of$294,705 under S.R. 590 From West of Marilyn Street to
East of Audrey Drive; adopt Resolution 14-31, and authorize the appropriate officials
to execute same.
The Florida Department of Transportation (FDOT) has designed the
improvements of S.R. 590 from West of Marilyn Street to East of Audrey Drive.
The proposed improvements will include resurfacing the existing roadway,
replacing the existing signal by mast arm, upgrading the drainage system, and
construction of a new pedestrian bridge. Construction is currently anticipated to
begin in Summer of 2015. This roadway improvement project will necessitate
the relocation or adjustment of the City's water mains and sewer work within
the project limits. The City of Clearwater's Engineering Department has
coordinated the design for these utility accommodations with FDOT
representatives. FDOT will receive bids for the combined roadway
improvement and utility relocation work and make award of bid to the low
bidder.
The Resolution authorizes the City to enter into a Utility Work by Highway
Contractor Agreement (UWHCA) to have the work bid and constructed with the
FDOT contract.
The amounts included on this agenda item are the engineer's preliminary
estimate, and are subject to change as the design progresses. 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 engineer's estimate is
$294,705.00
APPROPRIATION CODE AND AMOUNT:
0327-96742-563800-533-000-0000 $242,030
0327-96634-563800-535-000-0000 $ 52,675
Funds are available in Utility Renewal and Replacement projects in amounts of
$242,030.00 in 0327-96742, Line Relocation - Capital and $52,675 in
0327-96634, Sanitary Utility Relocation Accommodation, for total funding of
$294,705.00 to fund this contract.
7.3 Approve an Engineer of Record (EOR) work order to Leggette, Brashears and
Graham (LBG) of Tampa, Florida, in the amount of$155,736 for project related
services permitting a Class I deep injection well for disposal of Reverse Osmosis Plant
by-product and authorize the appropriate officials to execute same. (consent)
This approval request brought forward to Council is related to the injection well
that will serve the Water Treatment Facilities. This effort is all proceeding as
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Council Worksession Meeting Minutes September 29, 2014
planned and in accordance with the Water Supply Master Plan of 2004
(subsequently updated in 2008) and also in compliance with State Statute
procedure for permitting this type of facility.
The first phases of work on the injection well have resulted in permits being
secured and an exploratory well being drilled to a depth of 1,000 feet below
surface at the planned site of the new brackish Reverse Osmosis Plant at
Water Plant 2 (US19 north of Gulf-to-Bay). The exploratory well has proven to
meet design criteria and expectations with the appropriate geology to receive
the salty water that will be a by-product of our water treatment efforts in the
future. LBG secured a permit to complete the second phase of construction
bringing the well to functional status.
Work Order No. 5 includes hydrogeological services for: review, compilation,
and evaluation of monthly monitoring data during the two-year operational test
period; preparation of an Operational Test Summary Report; and preparation
of an application for a Class I Injection Well Operating Permit.
The City of Clearwater Public Utilities Department is responsible for operation
and maintenance of the concentrate injection well.
APPROPRIATION CODE AND AMOUNT:
0315-96767-561300-533-000-0000
Funds are available in capital improvement project 315-96767, Reverse
Osmosis Plant at Reservoir 2, to fund this contract.
In response to a question, Engineering Manager Rob Fahey said the State
has authorized the City to operate the facility in the testing phase for the next
two years. Data will be collected during this timeframe.
8. Gas System
8.1 Approve changes to the Clearwater Gas System utility rates to become effective for all
gas bills and services rendered on or after November 1, 2014, and pass Ordinance
8591-14 on first reading.
Black and Veatch have completed a Cost of Service and Rate Study for the
Clearwater Gas System (CGS). This study is an update of their last study
issued September 2010.
The Study includes a projection of CGS' financial position for the period 2014 -
2019 and a cost of service analysis to evaluate the cost responsibility for each
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Council Worksession Meeting Minutes September 29, 2014
of the various classes of customers served.
Based on the results of the Study, CGS' rates are adequate for the period, and
we are actually recommending an overall $1.2 million annual decrease in base
rates. Key recommendations in the Study and Ordinance are:
• Roll the non-weather portion of Usage & Inflation Adjustment (UTA) rate
into the eligible base distribution charges and reset the normal use per
customer and Consumer Price Index (CPI-U) to current levels as
specified in the Study and Ordinance.
• Decrease the Commercial class revenues by approximately $1.2 million
by reducing distribution rates to the levels as specified in the Study and
Ordinance.
• Increase the Residential Single-Family monthly customer charge by
$2.00 and offset this with a reduction in the usage charge. The net
effect of these changes to the residential rate revenue overall is
negligible as the increase in customer charge is offset by the decrease
in distribution charge revenues. This is revenue neutral for our typical
single-family residential customer.
• Make certain changes in the propane (LP) rates, based on a
competitive analysis of local LP suppliers, as specified in the
Ordinance.
• Adopt a new pricing structure for service charge rates that establishes a
per trip charge, which includes up to 1 hour of labor plus quarter hour
rates for additional time on site beyond 1 hour.
• Make certain wording clarifications in our Ordinances to better reflect
operating policies and responsibilities.
Table 1-2 on Page 7 of the Rate Study shows the projected effect of these
recommended rate adjustments and will become CGS' basis for strategic goal
setting.
Clearwater Gas System Managing Director Chuck Warrington provided a
PowerPoint presentation.
In response to questions, Mr. Warrington said the analysis includes all fuel
charges, inflation adjustment, energy conservation adjustment, and regulatory
adjustments. The ordinance covers the Department's base rate. Clearwater
Gas System purchases the gas it provides to its customers. Retail customers
have the opportunity to buy onto any strip of gas for a guaranteed therm rate.
The overall gas rate, per ordinance, was reduced by 6.6% from the current
rate to the proposed rate in November.
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9. Library
9.1 Blanket Purchase Orders for Baker and Taylor, Ingram Library Services and Midwest
Tape for the acquisition of library books and audiovisual materials for the contract
period of October 1, 2014 through September 30, 2015, and authorize the appropriate
officials to execute same. (consent)
Award contracts (Blanket Purchase Orders) to Baker and Taylor, Atlanta, GA-
$235,000; Ingram Library Services, Atlanta, GA - $150,000; and Midwest Tape,
Holland, OH - $75,000 for the purchase of library books and other materials for
the acquisition of library books and audiovisual materials. The purchase orders
will be used for numerous small dollar purchases. Each order will be shopped
for best price and availability.
APPROPRIATION CODE AND AMOUNT:
Appropriation Code: 0315-93527-564400-571-000-0000
Amount: $460,000
10. Planning
10.1 Provide direction on the proposed Development Agreement between Decade Sea
Captain LLC. (the property owner) and the City of Clearwater, providing for the
allocation of 66 units from the Hotel Density Reserve established in Beach by Design
and confirm a second public hearing in City Council Chambers before City Council on
October 15, 2014 at 6:00 p.m., or as soon thereafter as may be heard.
(HDA2014-07004 - 40 Devon Drive)
Site Location and Existing Conditions:
The 0.831-acre subject property is located on the north side of Devon Drive
approximately 150 feet east of Coronado Drive with 278.68 feet of frontage
along Devon Drive. The property spans two zoning districts including Tourist
(T) and Low Medium Density Residential (LMDR) and two Future Land Use
Plan (FLUP) classifications, Resort Facilities High (RFH) and Residential
Urban (RU). The subject property is also located within the Small Motel District
of Beach by Design. The portion of the site within the T District is 0.659 acres
and remainder of the site within the LMDR District constitutes 0.172 acres.
Only the portion of the site within the T District is considered with regard to
development potential such as Impervious Surface ratio (ISR), Gross Floor
Area (GFA) and density.
The immediate area is characterized by a variety of uses including overnight
accommodations, a surface parking lot, and detached dwellings. The property
to the west is currently developed with a 108-room 89-foot hotel (Pier House
60), the property on the west side of Coronado Drive has been approved for a
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Council Worksession Meeting Minutes September 29, 2014
450-room hotel (Wyndham Grand) for which a foundation permit has been
approved, the property to the south is developed with a surface parking lot and
the properties to the southeast are developed with detached dwellings.
The property is used as a 27-unit overnight accommodation use and has a
valid Business Tax Receipt (BTR-9029071). The hotel units are located within
four two-story buildings. The buildings are located on the western half of the
site. The majority of the surface parking is provided on the portion of property
zoned LMDR with the remainder on the portion of property zoned T. A
landscape buffer approximately 20 feet in width is provided along the south
property line adjacent to Devon Drive. Access to the site is provided from
Devon Drive via one two-way driveway generally centered along the south
property line.
Site History:
➢ On December 21, 2010, the Community Development Board (CDB)
approved Case FLD2010-08001 which permitted an 85-unit overnight
accommodation use using 53 units from the Hotel Density Reserve
created pursuant to Beach by Design.
➢ On January 13, 2011 the City Council approved Case DVA2010-08001
allocating 53 units from the Hotel Density Reserve pursuant to Beach
by Design.
➢ The associated development order for FLD2010-08001 expired on
December 12, 2012.
➢ On May 21, 2013 the CDB approved Case FLD2013-02007 which
authorized an 85-unit overnight accommodation use (hotel) including 53
units from the Hotel Density Reserve created pursuant to Beach by
Design.
➢ On June 19, 2013 the City Council approved Case DVA2010-08001A
amending the previously approved Case DVA2010-08001 allocating 53
units from the Hotel Density Reserve pursuant to Beach by Design.
This was required as the site plan exhibit associated with the
aforementioned FLD2010-08001 expired. DVA2010-08001A also
allocated 53 overnight accommodation units from the Hotel Density
Reserve.
➢ On March 31, 2013 a one-year development order extension for the
FLD2013-02007 was granted by the Community Development
Coordinator until May 21, 2015.
➢ On August 05, 2014 a two-year development order extension for the
FLD2013-02007 was granted until May 21, 2017 pursuant to House Bill
7023.
In summary, there exists an approved site plan valid until May 21, 2017 for the
construction of an 85-unit overnight accommodation use at a density of 128.98
rooms per acre based only on the lot acreage zoned T District.
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Development Proposal:
This proposal terminates DVA2010-08001A which previously allocated 53 hotel
units from the Reserve. The owners now propose to utilize the otherwise
permitted density of 32 units and incorporate 66 units from the Hotel Density
Reserve through Beach by Design resulting in a total of 98 units (149 units per
acre). It should be reiterated that the only portion of the site which provides
intensity of use is the 0.659 acre portion within the T District.
The building will be 100 feet (from Base Flood Elevation) to flat roof with the
parking on the first four levels. The proposed building design is described as
Contemporary Tropical, which is consistent with and complements the tropical
vernacular envisioned in Beach by Design.
The site will be accessed via a single two-way driveway located at the
southeast corner of the building along Devon Drive. There is also access to the
trash staging area at the southwest corner of the building.
The first four floors of the building will contain a parking garage as well as
miscellaneous back-of-house components such as elevator lobby and trash
holding area. In addition to parking, floors two through four also include hotel
rooms (nine per floor).The fifth floor will include a pool and pool deck (over
parking at the southeast quadrant of the building. Various other outdoor patios
are located on the east and west sides of the building at the 5th floor.
Amenities such as dining area, lounge and exercise room totaling 6,915 square
feet (12.5 percent of the total floor area of the building) are also located on the
fifth floor. The remainder of the floor will be dedicated to an upper lobby, three
hotel rooms and miscellaneous back-of-house components. Floors six through
nine will be dedicated almost entirely to hotel rooms (17 per floor).
On the portion of property zoned LMDR District, one detached dwelling is
shown on the floor plans and building elevations. The 0.172 acre property
supports one dwelling unit. The dwelling unit is proposed to have a common
wall with the east fagade of the hotel.
Consistency with the Community Development Code (CDC):
Minimum Lot Area and Width:
Pursuant to Table 2-803, CDC, the minimum required lot area for overnight
accommodations is between 10,000 and 20,000 square feet. The portion of
the subject property in the Tourist District is 28,688 square feet in area.
Pursuant to the same Table, the minimum lot width for overnight
accommodations can range between 100 and 150 feet. The lot width of this
site for the portion of the property zoned T District along Devon Drive is 4175
feet. The proposal is consistent with these Code provisions.
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Minimum Setbacks:
The conceptual site plan depicts setbacks of 15 feet along the front (south) to
building; five feet to building along the rear (north) and 10 feet to building along
the side (west). The proposed setbacks may be approved as part of a Level
Two (FLD) application, subject to meeting the applicable flexibility criteria of the
Community Development Code.
Maximum Height:
Section B of the Design Guidelines within Beach by Design specifically
addresses height. This section requires specific requirements for buildings
which exceed 100 feet in height.
Pursuant to Table 2-803, CDC, the maximum height for overnight
accommodations is between 35 and 100 feet. Pursuant to the Code definition
of building height, elevator equipment rooms and like mechanical equipment
enclosures are permitted to project up to 16 feet higher than the maximum
building height. The proposed building height of 100 feet to the top of the roof
deck (112 feet to top of flat roof for elevator and other mechanical equipment)
is consistent with this CDC section, definition of building height and with the
guidelines of Beach by Design.
Minimum Off-street Parking:
The 98-room overnight accommodation use requires a minimum of 118
off-street parking spaces. A parking garage located on the first four levels of
the building will provide 118 spaces. This is consistent with the applicable
Sections of the CDC.
Landscaping:
While a formal landscape plan is not required to be submitted for review at this
time, the conceptual landscape areas depicted on the site plan show that
adequate spaces for foundation landscaping will be provided along all sides of
the building. Since no perimeter landscape buffers are required in the Tourist
(T) District, the proposed landscape areas meet or exceed what is required. It
is noted, however, that flexibility may be requested/necessary as part of a
Comprehensive Landscape Program which would be reviewed at time of
formal site plan approval.
Consistency with Beach by Design:
Design Guidelines:
A review of the provided architectural elevations and massing study was
conducted and the proposed building does appear to be generally consistent
with the applicable Design Guidelines established in Beach by Design. It is
noted, however, that a more formal review of these Guidelines will need to be
conducted as part of the final site plan approval process.
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Hotel Density Reserve:
The project has been reviewed for compliance with those criteria established
within Beach by Design concerning the allocation of hotel rooms from the
Reserve. The project appears to be generally consistent with those criteria,
including that the development comply with the Metropolitan Planning
Organization's (MPO) countywide approach to the application of traffic
concurrency management for transportation facilities. The submitted Traffic
Impact Study concludes that traffic operations at nearby intersections and on
adjacent roadways would continue to operate at acceptable levels of service.
Standards for Development Agreements:
The proposal is in compliance with the standards for development agreements,
is consistent with the Comprehensive Plan and furthers the vision of beach
redevelopment set forth in Beach by Design. The proposed Development
Agreement will be in effect for a period not to exceed ten years, meets the
criteria for the allocation of rooms from the Hotel Density Reserve under Beach
by Design and includes the following main provisions:
• Provides for the allocation of 66 units from the Hotel Density Reserve or a
maximum density of 148.7 units per acre;
• Requires the developer to obtain building permits and certificates of
occupancy in accordance with Section 4-407, CDC;
• Requires the return of any hotel unit obtained from the Hotel Density
Reserve that is not constructed;
• For units allocated from the Hotel Density Reserve, prohibits the
conversion of any hotel unit to a residential use and requires the recording
of a covenant restricting use of such hotel units to overnight
accommodation usage; and
• Requires a legally enforceable mandatory evacuation/closure covenant that
the hotel will be closed as soon as practicable after a hurricane watch that
includes Clearwater Beach is posted by the National Hurricane Center.
Changes to Development Agreements:
Pursuant to Section 4-606.1, CDC, a Development Agreement may be
amended by mutual consent of the parties, provided the notice and public
hearing requirements of Section 4-206 are followed. Revisions to conceptual
site plans and/or architectural elevations attached as exhibits to this
Development Agreement shall be governed by the provisions of Section 4-406,
CDC. Minor revisions to such plans may be approved by the Community
Development Coordinator. Other revisions not specified as minor shall require
an amendment to this Development Agreement.
In response to questions, Planner Matt Jackson said the property has two
designations, the overnight accommodations will be for the Tourist zoned
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Council Worksession Meeting Minutes September 29, 2014
portion. An underground stormwater vault will be proposed during the review
process. The public sidewalk will match the 5.5 ft., which is consistent with
previously approved plan.
It was suggested that staff discuss the bike rack provision with the applicant.
10.2Approve the Interlocal Service Boundary Agreement between the City of Clearwater,
Florida and Pinellas County which would allow voluntary annexations of
non-contiguous properties within Type A enclaves and pass Ordinance 8587-14 on
first reading.
On December 6, 2011, the Pinellas County Board of County Commissioners
initiated the negotiation process pursuant to Florida Statutes Chapter 171 to
establish an Interlocal Service Boundary Agreement (ISBA) which would allow
for the voluntary annexation of non-contiguous properties in Type A enclaves
in Pinellas County (those surrounded by a City on all sides). On February 2,
2012, the Clearwater City Council adopted Resolution 12-03 agreeing to
participate in the negotiation process with the County and responding
municipalities and special districts. On December 10, 2013 the Board of
County Commissioners approved the final draft of the ISBA. A total of nine
municipalities are participating in the agreement including Clearwater, Dunedin,
Kenneth City, Largo, Pinellas Park, Safety Harbor, St. Petersburg, Seminole,
and Tarpon Springs.
While the agreement allows for the voluntary annexation of non-contiguous
properties in Type A enclaves, it does not allow the City to invoke existing
agreements to annex for non-contiguous properties unless the current owner
consents nor does it provide the basis for annexing an adjacent property that is
subject to an agreement to annex without the consent of the current owner of
the property. This is consistent with the provisions of Pinellas County
Ordinance 00-63 which governed annexation in Pinellas County from 2000 to
2007. The ISBA imposes a new public notice requirement that requires
participating municipalities to provide notice to the property owner seeking
voluntary annexation by certified mail prior to each reading of the ordinance.
The ISBA establishes an effective date of November 1, 2014 and would be in
effect for 20 years. It requires the City to provide data related to each property
annexed through this process every six years. Any renegotiation of the
Agreement must begin at least 18 months prior to the termination date. Each
of the participating local governments that are signatories to the ISBA must
adopt the agreement by ordinance as required by Florida Statutes
171.203(14). The Planning and Development Department recommends
approval of ISBA.
In response to questions, Planning and Development Assistant Director Gina
Clayton said the Board of County Commissioners requires two certified letters.
The City Attorney said if the property is contiguous, the Agreement to Annex
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Council Worksession Meeting Minutes September 29, 2014
(A TA) may be used, if not contiguous, then the ATA cannot be pursued.
11. Information Technology
11.1Award a contract (purchase order) to lease desktop and laptop computers for three
years from Hewlett-Packard Financial Services Company, Murray Hill, NJ for an
amount not to exceed $1,125,000 in accordance with Sec. 2.564(1)(d) Code of
Ordinances, under State Contract 250-WSCA-10-ACS; and authorize the appropriate
officials to execute same. (consent)
The City has leased computers for nine years. The benefits of leasing include
operational savings for asset acquisition and maintenance, improved efficiency
in user support and asset management, improved security for City systems
and network, and improved performance for system users and employees.
This term of leasing includes all desktop (1,250) and laptop (-350) computers
within the City. The cost of this lease term is 8% higher than the previous term
(2011-2014). The City's computers are upgraded over a 3-year cycle at
approximately 33% per year.
Costs in the initial year (2014/2015) of the contract will be approximately
$325,000. The maximum annual costs for this lease term will be approximately
$400,000 in the second and third years.
This agreement includes a value added enhancement. Self-Maintainer
Program which enables City staff to be trained at no additional costs to
function as Hewlett-Packard certified technicians to expedite diagnostic and
resolution actions (Hewlett-Packard tracks and pays (reimburses) for these
services for every 15 minutes of work performed).
Quarterly payments will be budgeted in the Information Technology annual
operating budget, and costs prorated to all departments based upon their
respective computer counts, through the Administrative Services Fund charge
back for Information Technology services.
Information Technology Director Dan Mayer said there was a scrivener's
error in the second paragraph, there is an 13% reduction not an 8%
increase.
The Council recessed from 3:04 p.m. to 3:10 p.m.
12. Official Records and Legislative Services
12.1Appoint a member to the Community Development Board to fill the remainder of an
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unexpired term through February 28, 2017.
Staff was directed to contact Alex Plisko regarding his interest to serve on the
board.
The City Attorney said the Community Development Board is a quasi judicial
board and must listen to evidence provided and apply to the City's code
provisions. The Board may not use independent knowledge not presented to
the Board in delivering a decision. The Board's Attorney would provide private
counsel if a member does not adhere to the Board's rules and regulations.
Support was expressed for appointing David Allbritton.
12.2Appoint one member to the Environmental Advisory Board to fill the remainder of an
unexpired term through September 30, 2017.
Staff was directed to contact Christopher Anuszkiewicz regarding his interest
to serve on this advisory board over the Community Development Board.
13. Legal
13.1Adopt Ordinance 8581-14 on second reading, annexing certain real property whose
post office addresses are 1260 Palm Street and 1283 Palm Street, together with all
abutting right-of-way of Palm Street and Betty Lane, into the corporate limits of the city
and redefining the boundary lines of the city to include said addition.
13.2Adopt Ordinance 8582-14 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 Palm Street and 1283 Palm
Street, together with all abutting right-of-way of Palm Street and Betty Lane, upon
annexation into the City of Clearwater, as Residential Urban (RU).
13.3Adopt Ordinance 8583-14 on second reading, amending the Zoning Atlas of the city
by zoning certain real property whose post office addresses are 1260 Palm Street and
1283 Palm Street, together with all abutting right-of-way of Palm Street and Betty
Lane, upon annexation into the City of Clearwater, as Low Medium Density
Residential (LMDR).
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13.4Adopt Ordinance 8588-14 on second reading, annexing certain real property whose
post office address is 1710 Calumet Street, Clearwater, Florida 33765, into the
corporate limits of the city and redefining the boundary lines of the city to include said
addition.
13.5Adopt Ordinance 8589-14 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 1710 Calumet Street, Clearwater, Florida
33765, upon annexation into the City of Clearwater, as Industrial General (IG).
13.6Adopt Ordinance 8590-14 on second reading, amending the Zoning Atlas of the city
by zoning certain real property whose post office address is 1710 Calumet Street,
Clearwater, Florida 33765, upon annexation into the City of Clearwater, as Industrial
Research and Technology (IRT).
13.7Adopt Ordinance 8592-14 on second reading, approving the vacation of a portion of
Brownell Street, a city right-of-way. (VAC2014-01 Fire Station 45)
13.8Adopt Ordinance 8599-14 on second reading, amending Section 30.060(4) of the
Clearwater Code of Ordinances to provide for the ability to electronically send the
Florida Dept. of Highway Safety and Motor Vehicles (DMV) data listing persons or
entities with three or more outstanding parking violations.
13.9Adopt Ordinance 8600-14 on second reading, amending Section 22.90 of the City of
Clearwater Code of Ordinances, to allow for additional special events alcohol permits
in the downtown area of Clearwater between Drew Street and Pierce Street, North
and South and between Myrtle Street and the waterfront and allow for metal
containers at special events.
13.10 Adopt Ordinance 8601-14 on second reading, amending the Operating Budget for the
Fiscal Year ending September 30, 2014 to reflect increases and decreases in revenue
and expenditures for the General Fund, Special Development Fund, Special Program
Fund, Water and Sewer Fund, Stormwater Fund, Solid Waste Fund, Recycling Fund,
Gas Fund, Airpark Fund, Parking Fund, General Services Fund, and Garage Fund.
13.11 Adopt Ordinance 8602-14 on second reading, amending the Capital Improvement
Budget for the Fiscal Year ending September 30, 2014, to reflect a net increase of
$2,095,802.
14. City Manager Verbal Reports
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14.1Status Update on the ULI Report
The recently-completed ULI Study of the Downtown/East Gateway/Old Clearwater
Bay areas presents a comprehensive, far-reaching and, in some instances, very
different (from the norm in Clearwater) set of process and policy recommendations to
achieve the successful redevelopment of the study area. Interest in the study
recommendations has been high, and many stakeholders have queried Council and
Staff on plans to consider and/or begin implementation of the various Study
recommendations.
However, due to the importance, breadth and complexity of the set of
recommendations in the Study, staff believes a Special Council Work Session is
indicated to allow the Council to consider and inform staff of the direction Council
wishes to take with respect to implementation of the multiple recommendations in the
Study. Staff further believes this important discussion needs to be proceeded by the
necessary analysis and consideration of the ramifications, timing and related issues
Council needs to have before it in deciding and directing staff on Report
implementation.
To that end, Staff will develop a Discussion Paper to inform the discussion and
decision-making at the Special Work Session. It is anticipated that a full consideration
and preparation of materials will take 30 days, leading to a Special Work Session
towards the end of October.An evening meeting is recommended by the City Manager
to allow maximum interested public attendance/viewing.
To assure that staff is proceeding in a way that Council seeks in framing the Study
issues/recommendations to facilitate Council consideration and direction to staff.
In so doing, three overarching considerations have informed the staff preliminary
analysis, which we wish to call to Council attention:
1)The decision timeline for the CMA Downtown project under the MOU means any
master planning or facility siting in Coachman Park and/or the Bluff would have to be
conditional on a final decision from CMA whether they intend to proceed with the
project; this would also affect facility decisions in the CBD/Downtown, as parking
garage, City Hall and multi-modal siting, timing and funding need to be coordinated
with the CMA project.
2)Many of the ULI recommendations, i.e. activation of the waterfront, restaurant
placement in Coachman Park, are subject to the considerations in #1 above, as well
as subject to public referendum requirements.
3)Depending on the breadth and aggressiveness of the Council direction on Study
recommendation, significant Work Program adjustments and/or outsourcing of work
will be required. These parameters can more specifically be identified/quantified for
the Special Work Session materials.
Within the confines of these factors, staff seeks council feedback as to the proposed
Special Work Session process, as well as whether the preliminary outline below
identifies the major recommendations/issues Council would like to address in greater
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detail in the Special Work Session. Staff will then utilize the results of the feedback, as
well as staff analysis, to develop a formal Discussion/ Decision Paper.
The ULI organizes their recommendations into three broad categories:
1) Strategy:
2) Communications; and
3) Partnerships/Organizational Capacity and Implementation.
The following outlines the major concepts in each of these key areas for Council
direction and discussion to assist staff prepare for the Special Work Session:
I. Strategy:
The Report concludes that the City must"bridge the gap between the Beach and the
Mainland" to be successful in it's redevelopment efforts by: identifying complimentary
mainland activities that build upon the existing tourism base; reaching out to the
waterfront to create activities in and on the water; develop an identity and improve
the Downtown "in and of itself" to attract both residents and tourists; and focus on
residential development as an anchor to generate support for retail and activities.
1)Bluff/Waterfront Master Plan—The ULI report recommends creating a vision and
Master Plan for a) the Bluff and b) the Waterfront (extending from Pierce 100 to the
Seminole Boat Ramps), as well as implementing programs to activate the waterfront
district.
While the Bluff and the waterfront are discussed separately in the report, staff feels
that a holistic approach is needed to address the bluff and waterfront together. The
interactions functionally, spatially and programmatically seem to indicate one process.
Secondly, the ULI report—which is focused upon realizing the development potential
of the Bluff and waterfront, not the traditional park/waterfront master planning
objectives—has suggested a process whereby the City ACM/ Brain Trust of
Department heads select a development partner (based upon an RFP/RFQ), and,
together, based upon "a robust community engagement process," develop the vision
and master plan for the areas. Subsequently, the City would issue a second RFP/RFQ
to select a horizontal developer to work with the City in effectuating the vision and
master plans. While not called out in the ULI report, the retention of a master plan
consultant to develop the plan documents and facilitate the community process would
be necessary.
This is a very different process from that used heretofore by the City, with a strong
emphasis on the development component of the master plan process. It may/may not
meet stakeholder perceptions for Coachman Park and the waterfront.
If so, and as an alternative, staff feels a hybrid process with a more traditional public
input process—combined with a strong component of development consultants at the
table to provide guidance and reality checks to a broad-based community Steering
Committee perhaps could be considered as follows:
•Appoint broad-based Bluff Master Plan Steering Committee to work with a retained
Master Plan firm and the City Staff to develop a vision and Master Plan (MP); Process
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to include a robust public engagement process (i.e. charettes, focus groups, etc.)
•Retain an independent"Developer Consultant"to "be at the table" during discussions
and assist the Steering Committee with the economic realities affecting Master Plan
accomplishment:
•Subsequently, City issue RFP/RFQ for "horizontal" developer to work with City in
effectuating build out of Master Plan.
Council discussion Is a consolidated Bluff/Waterfront
vision and master plan effort
supported at this time?
If so, Is Council supportive of the
Vision/ Master PlanFHorizontal"
build out process suggested by
ULI?
If not, what process should be
utilized?
Timeframe When should this process begin?
Cost TBD, based on process selected.
Lead ACM/ Planning/Parks/Marine and
Aviation/ED
2)Comprehensive Boating Plan—ULI report recommends promoting and growing
the boating culture and establish Clearwater, specifically Downtown, as a major
boating center. Areas of focus could include: an evaluation of opportunities for
redistribution of boat-related enterprises from Clearwater Beach to the downtown
marina; on-shore commercial activities that could attract boaters and bring them to
downtown; and, ideas for maintaining healthy marine environment.
The report recommends completing this activity before major decisions are made
regarding boat-related infrastructure at the North Marina area i.e. High and Dry facility,
etc.
•Conduct RFP process to select consultant to assist City in the creation of a
Comprehensive Boating Plan
Council Is this the desired
discussion approach?
Timeframe When should this process
begin?
Cost TBD
Lead Marine and Aviation
Department, with
consultant support
3)North Marina (Seminole) Plan—ULI report recommends development of a
comprehensive North Marina Plan for the Seminole Boat Ramp and surrounding area
to appropriately "balance the needs of the boating community, area residents and
development community."
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Staff believes that a planning effort in this area is timely and needed at this juncture to
provide the necessary planning and regulatory framework to assist in evaluating
existing development proposals and maximize the development potential of the area
as follows:
•Conduct RFP process to select master planning consultant
•Develop comprehensive Steering Committee to include Marina, developer,
community and stakeholder representatives.
•Develop North Marina (Seminole) Special Area Plan
Council Is this the desired approach?
discussion
Timeframe When should this process begin?
Cost TBD
Lead Planning & Development (Marine &
Aviation in support)
4)Central Business District—ULI report recommends focusing activities in this area
on beautification of streets, attracting people to the streets, making downtown more
navigable, and reconsidering design guidelines and signage regulations.
Staff believes that many of these items are underway and can be evaluated further as
part of the implementation and departmental work program discussion, i.e.
discussions with PSTA on the intermodal Hub; site analysis for a new City Hall; facility
Iocational discussions with the CMA.
Other recommendations, such as a "tool kit" for secondary and arterials streetscape
design and lighting of the Memorial Causeway Bridge, would be analyzed for cost and
timing. Certain recommendations, such as Way finding and Gateway definitions, are
subject to other facility siting decisions and would be programmed accordingly. Low
hanging fruit can be addressed for early implementation
In the more detailed analysis of the ULI recommendations for the Special Work
Session, staff will create a matrix of proposed new projects/programs for Council
evaluation of priorities.
5)
Finally, although not a part of the ULI recommendations, staff believes that as part of a
larger Downtown Strategy discussion, an overall Concept Plan (and spatial
delineation) is needed to anticipate future development and/or build out of the
downtown core as way to plan projects and market/attract future investment. This
could inform the discussion raised by the ULI Panel of where future residential, office,
civic and hotel projects should be located to facilitate maximum impact on
redevelopment strategy achievement?
6)Community Gateways and Connections—ULI report recommends a focus on
strengthening connections between the Downtown, Beach, East Gateway, and
surrounding neighborhoods through transportation, welcoming gateways, and other
healthy activities.
These items will be addressed as part of the implementation/work program discussion.
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Some of these items are already underway, such as the evaluation of the community
market and festival location in the East Gateway.
II. Communication
ULI report recommends a more robust branding effort for the City to communicate its
strengths. This effort is already underway with City staff and North Star.
A derivative, more tailored branding and marketing effort for the ED business
recruitment effort, as well as the Cleveland Street District, is anticipated as "follow-on"
to the North Star effort.
ED/CRA staff intends to utilize the Market Analysis data on housing, office, hotel and
retail absorption to more actively engage the development and brokerage
communities to validate absorption and market availability to encourage investment.
In addition, the ULI report concludes that community organizations and flow of
information is highly fragmented in downtown. They identify primary roles for the major
stakeholder groups to fulfill the Report objectives and implementation is to be realized.
They conclude that the City "create a forum for the discussion of issues with the City
and their development partners that involves a cross section of community interests."
One way to address this would be creation of a Communications Stakeholder Group to
meet quarterly (or more often if appropriate)to: 1) report on activities within their areas
of activity/concern as they relate to the ULI Downtown/East Gateway; and 2)
coordinate activities specific to the implementation of the ULI report. Semi-annual
reports to the Council at a public meeting could assure communication/coordination
with the governing body.
Any number/form of alternate structures could be appropriate to provide this
coordination mechanism.
The key community groups/organizations could include, as a base: Downtown
Development Board: Clearwater Downtown Partnership: Merchants Alliance;
Clearwater Technology Alliance; Pinellas County; Church of Scientology; East
Gateway Business and Neighbors Association; Clearwater Regional Chamber of
Commerce, Clearwater Neighborhoods Coalition, business leadership group, etc.
Council Is there a need to create an
discussion "umbrella advisory group"?
If so,what form and structure should
be established?
Timeframe When should this process begin?
Who should be included?
Cost Staff time
Lead TBD
III. Organizational Capacity and Implementation
The report concludes that, while the City/CRA Plans and redevelopment strategy are
largely appropriate for the redevelopment effort, "the lead responsibility (for
implementation) is much too fragmented to be effective. The authority and
responsibility, according to the Panel, should be assigned to an Assistant City
Manager who would establish a "Brain Trust" of key department heads and other
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Council Worksession Meeting Minutes September 29, 2014
government agencies to assist him and guide implementation of the Downtown/ East
Gateway strategies. It recommends that the City take the lead responsibility for
implementation and to harness the collective resources of business, institutions,
government and the community.
In that regard, the City Manager has appointed the Assistant City Manager for
Economic Development, Rod Irwin, as the City lead for overall implementation of the
ULI initiatives the Council supports. In addition, he'll be supported by a "Brain Trust" to
include the department heads of Planning and Development; Economic Development
and Housing; Parks and Recreation; Marine and Aviation; Library; Engineering;
Finance/Budget; and Public Communications. Expansion to include County and
other governmental representatives/liaisons is anticipated by the ULI.
The ACM/Brain Trust will create an implementation matrix once Council direction is
received on the specific action items identified in the report.
Many activities are already underway such as discussions with PSTA on the
intermodal hub, location of City Hall, and Clearwater Marine Aquarium among others.
Other action items need to be evaluated as to cost and timeframe for Council
discussion and direction on their level of priority.
Staff would propose the following:
•Create ULI implementation matrix that includes timeframe, cost, and departmental
work program impacts for Council discussion, direction, and prioritization of projects.
Council Is creation of the implementation
discussion matrix the desired approach to track
implementation?
Timeframe If so, when/how often/in what form
does Council wish to receive
progress reports?
Cost TBD
Lead ACM/Brain Trust
Assistant City Manager Rod Irwin said staff can include the schedule
regarding the City Hall site and the Clearwater Marine Aquarium (CMA). The
City Attorney said that staff has not begun the lease process with CMA.
Mr. Irwin said staff will provide Council with a list of tasks and timeline of the
Bluff Master Plan that can be implemented without a referendum. Economic
Development and Housing Director Geri Campos Lopez said there are several
individuals from private business community who are organizing to review and
provide feedback on the ULI report.
Discussion ensued with comments made that participation from the private
sector will be critical, there are many unknowns regarding CMA and the
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Greenlight Pinellas referendum that will effect how we implement ULI's
recommendations regarding the Bluff.
There was consensus to schedule a special work session after the November
referendum on Greenlight Pinellas.
15. City Attorney Verbal Reports
15.1Schedule a presentation regarding the proposed amendment to the Constitution of the
State of Florida to allow medical marijuana and the implications for local government.
The City Attorney said the presentation will last approximately one hour on
October 13, 2014.
16. Council Discussion Item
16.1 Pooper Scooper Ordinance - Mayor Cretekos
Mayor Cretekos requested consideration to adopt an ordinance
requiring pet owners to pickup after pets during walks. The City Attorney has
recommended referring to the St.Petersburg ordinance as a sample model.
There was consensus to support adopting a pooper scooper ordinance.
The City Attorney was directed to draft language for Council's
consideration.
17. 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).
Councilmember Jonson said the Downtown Subcommittee has met and
scheduled additional meetings on October 16 and 30.
18. Closing Comments by Mayor
19. Adjourn
The meeting adjourned at 4:30 p.m.
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