02/29/2016 Council Work Session Meeting Minutes February 29, 2016
City of Clearwater
City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
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Meeting Minutes
Monday, February 29, 2016
1 :00 PM
Council Chambers
Council Work Session
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City of Clearwater
Council Work Session Meeting Minutes February 29, 2016
Roll Call
Present 5 - Mayor George N. Cretekos, Councilmember Doreen Hock-DiPolito,
Councilmember Hoyt Hamilton, Councilmember Bill Jonson, and
Vice Mayor Jay E. Polglaze
Also Present: William B. Horne 11 — City Manager, Jill S. Silverboard —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— Mayor Cretekos
The meeting was called to order at 1:00 p.m. at City Hall.
The Council recess from 1:01 p.m. to 1:52 p.m. to meet as the Community
Redevelopment Agency.
2. Presentations — None.
3. Economic Development and Housing
3.1 Endorse the application for Project Atlas and commit the City of Clearwater to provide
local financial support (Local Match) of ten percent of the eligible tax refund upon
certification by the State of Florida Department of Economic Opportunity (DEO) and
adopt Resolution 16-03.
The Florida Legislature created Florida Statute, Section s.288.106 to
encourage the growth of Florida's high-wage, value-added employment. This
program is commonly known as the Qualified Target Industry Tax Refund
Program (QTI Program). This law authorizes Enterprise Florida, Inc. to accept,
review and recommend applications for consideration by DEO for tax refunds
to qualified target industry businesses. Pursuant to Florida Statute, Sections
s.288.075 and s.288.106, the applicant requests certain information, including
the name of the company, remain confidential until such time as is required
under statute or desired by the applicant. Project Atlas is the alias name of the
applicant company.
This Resolution provides a commitment of the City to support the QTI
Program, which provides a performance-based incentive. The incentive is
negotiated in advance of Project Atlas commitment to expand its operations in
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the City of Clearwater. It does not guarantee payment until such time as the
terms of the contract made between DEO and Project Atlas are met, subject to
limitations described below.
QTI Program Description
The QTI Program works as an inducement to encourage companies to locate
or expand in Florida. In accordance with the QTI Program eligibility criteria, no
commitment to expand in Florida has been made at this time. The incentive
may not exceed that which is requested in the application.
As required by the QTI Program, the Project Atlas expansion will increase the
Company's employment in Florida by greater than ten percent and, as
evidenced by staff's economic impact analysis the proposed new jobs will
make a significant economic contribution to the area economy.
Description of Project
Project Atlas is seeking State, County and City inducement to expand
operations and to create additional jobs in the City of Clearwater. The
Company projects to add 12 jobs over one year beginning in 2016. Project
Atlas job creation schedule is as follows:
PhaseNumber of net new full-time equivalent Florida jobs created in the business
unitDate by which jobs will be created
1 12 12/31/2016
Total 12
Below are the types of jobs expected to be created by this manufacturing
company:
Business Unit Activities6 Digit NAICS Code(s)Project FunctionAnnualized Wage
Electronic Manufacturing 334419 67% $43,750
Management/Admin Support 561110 33% $64,500
Average Wage 100% $49,340.00
Average wages of all new jobs created by Project Atlas is to be no less than
$49,340, which is 115% of the Statewide Annual Average Wage as published
by Enterprise Florida on January 1, 2015.
QTI Program Request & Local Match Commitment
The requested tax refund is to be paid to the applicant each state fiscal year
(July 1- June 30) for a period of four years. If approved by DEO, Pinellas
County and the City of Clearwater, the applicant will receive a refund for each
new job created in the City of Clearwater. The QTI Program allows for a refund
of eligible taxes paid that will equal a maximum of$3,000 per new job created
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and $2,000 for the DEO High Impact Sector Bonus. Eighty percent of this
award is provided by the State of Florida, with a Local Match of ten percent
from the City of Clearwater and ten percent from Pinellas County. Therefore,
the maximum Local City of Clearwater Match award per new job created is
$1,500 for a total Local Match of$6,000.
Payment Schedule
Disbursement of the Local Match is spread over a period of four years.
Twenty-five percent of the Local Match is paid out over a four-year period for
each phase in which the jobs are created. The schedule is as follows:
PHASE#JOBSELIGIBLE AWARD MAX OF 25%/YRFY1 6-17FY1 7-18 FY18-19
FY19-20
1 12 $60,000 $1,500 $1,500 $1,500 $1,500 $1,500
TOTAL 12 $60,000 $1,500 $1,500 $1,500 $1,500
The payment schedule is subject to the applicant continuing to meet all
eligibility criteria which is verified each year by the DEO, the City of Clearwater
and Pinellas County. Upon verification, the DEO requests the Local Match
disbursement check from the City up to the maximum yearly allowed amount.
The DEO then provides the disbursement to the applicant.
Conditions of Limitation & Termination
During the term of the agreement, the Local Match may be lowered under the
following conditions:
• If in any year the applicant does not achieve the job creation schedule
but achieves at least eighty percent of the required new jobs, the
company will receive a pro-rated refund less five percent penalty of the
schedule award amount for that year.
• If the total of the eligible taxes paid by the company is less than the
maximum eligible refund amount awarded, the Local Match will be
reduced on a pro-rated basis. The refunded amount will not exceed the
amount of eligible taxes paid by the company.
The Local Match may be eliminated under the following conditions:
• If job creation falls below 80% of the required jobs, the company will not
receive a refund and will be terminated from the program.
• If the average wage falls below$49,340, the company will not receive a
refund and will be terminated from the program.
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APPROPRIATION CODE AND AMOUNT:
The Fiscal Year 2016-2017 funding is currently available in special program
181-99846, Economic Development- QTI. Future year funding will need to be
allocated during the City's annual budget process.
Staff was directed to provide a list of the manufacturing facilities in Clearwater.
In response to questions, Economic Development and Housing Assistant
Director Denise Sanderson said Instrument Transformers was the previous
project under the same program. Project Atlas is a long-standing business that
is expanding. Economic Development and Housing Director Geri Campos
Lopez said the items before Council is a result of the Department's business
retention program, staff meets with prospective businesses to discuss
potential options.
3.2 Endorse the application for Project Sweetooth and commit the City of Clearwater to
provide local financial support (Local Match) of ten percent of the eligible tax refund
upon certification by the State of Florida Department of Economic Opportunity (DEO)
and adopt Resolution 16-01.
The Florida Legislature created Florida Statute, Section s.288.106 to
encourage the growth of Florida's high-wage, value-added employment. This
program is commonly known as the Qualified Target Industry Tax Refund
Program (QTI Program). This law authorizes Enterprise Florida, Inc. to accept,
review and recommend applications for consideration by DEO for tax refunds
to qualified target industry businesses. Pursuant to Florida Statute, Sections
s.288.075 and s.288.106, the applicant requests certain information, including
the name of the company, remain confidential until such time as is required
under statute or desired by the applicant. Project Sweetooth is the alias name
of the applicant company.
This Resolution provides a commitment of the City to support the QTI
Program, which provides a performance-based incentive. The incentive is
negotiated in advance of Project Sweetooth's commitment to expand its
operations in the City of Clearwater. It does not guarantee payment until such
time as the terms of the contract made between DEO and Project Sweetooth
are met, subject to limitations described below.
QTI Program Description
The QTI Program works as an inducement to encourage companies to locate
or expand in Florida. In accordance with the QTI Program eligibility criteria, no
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commitment to expand in Florida has been made at this time. The incentive
may not exceed that which is requested in the application.
As required by the QTI Program, the Project Sweetooth's expansion will
increase the Company's employment in Florida by greater than 10% percent
and, as evidenced by staff's economic impact analysis the proposed new jobs
will make a significant economic contribution to the area economy.
Description of Project
Project Sweetooth is seeking State, County and City inducement to expand
operations and to create additional jobs in the City of Clearwater. The
Company projects to add 12 jobs in one year to be created by December 31,
2016. Project Sweetooth job creation schedule is as follows:
PhaseNumber of net new full-time equivalent Florida jobs created in the business
unitDate by which jobs will be created
1 12 12/31/2016
Total 12
Below are the types of jobs expected to be created by this manufacturing
company:
Business Unit Activities6 Digit NAICS Code(s)Project FunctionAnnualized Wage
Manufacturing 311930 50% $35,000
HQ Administration 551114 50% $72,500
Average Wage 100% $53,750
Average wages of all new jobs created by Project Sweetooth is to be no less
than $49,340, which is 115% of the Statewide Annual Average Wage as
published by Enterprise Florida effective January 1, 2015.
QTI Program Request & Local Match Commitment
The requested tax refund is to be paid to the applicant each state fiscal year
(July 1- June 30) for a period of four years. If approved by DEO, Pinellas
County and the City of Clearwater, the applicant will receive a refund for each
new job created in the City of Clearwater. The QTI Program allows for a refund
of eligible taxes paid that will equal a maximum of$3,000 per new job created
plus $2,000 per new job for DEO High Impact Sector Bonus. Eighty percent,
$48,000, of this $60,000 award is provided by the State of Florida, with a Local
Match of ten percent from the City of Clearwater and ten percent from Pinellas
County. Therefore, the maximum Local Match award per new job created is
$6,000 for City Local Match of$6,000 and $6,000 for Pinellas County Local
Match.
Payment Schedule of Local Match
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Twenty-five percent of the Local Match is paid out over a four-year period for
each phase in which the jobs are created. The schedule is as follows:
PHASE#JOBSELIGIBLE AWARD MAX OF 25%/YRFY1 6-17FY1 7-18 FY18-19
FY19-20
1 12 $6,000 $1,500 $1,500 $1,500 $1.500 $1,500
TOTAL $1,500 $1,500 $1,500
$1,500
The payment schedule is subject to the applicant continuing to meet all
eligibility criteria which is verified each year by the DEO, the City of Clearwater
and Pinellas County. Upon verification, the DEO requests the Local Match
disbursement check from the City up to the maximum yearly allowed amount.
The DEO then provides the disbursement to the applicant.
Conditions of Limitation & Termination
During the term of the agreement, the Local Match may be lowered under the
following conditions:
• If in any year the applicant does not achieve the job creation schedule
but achieves at least eighty percent of the required new jobs, the
company will receive a pro-rated refund less five percent penalty of the
schedule award amount for that year.
• If the total of the eligible taxes paid by the company is less than the
maximum eligible refund amount awarded, the Local Match will be
reduced on a pro-rated basis. The refunded amount will not exceed the
amount of eligible taxes paid by the company.
The Local Match may be eliminated under the following conditions:
• If job creation falls below 80% of the required jobs, the company will not
receive a refund and will be terminated from the program.
• If the average wage falls below$49,340, the company will not receive a
refund and will be terminated from the program.
APPROPRIATION CODE AND AMOUNT:
The Fiscal Year 2016-17 funding is currently available in special program
181-99846, Economic Development- QTI. Future year funding will be
allocated during the City's annual budget process.
3.3 Amend the Business Maintenance and Continued Performance Agreement with
Instrument Transformers, Inc. and authorize the appropriate officials to execute same.
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(consent)
The Business Maintenance and Continued Performance Agreement (BMCPA)
with Instrument Transformers, Inc. was approved by Council on March 10,
2014. The First Amendment to the BMCPA provides changes in the exemption
period to Tax Year 2016 through Tax Year 2025 and the term to be in force
through December 31, 2026.
3.4 Amend the Economic Development Ad Valorem Tax Exemption for Instrument
Transformers, Inc. and pass Ordinance 8882-16 on first reading.
Ordinance 8524-13 was passed on second reading on December 19, 2013,
approving an Economic Development Ad Valorem Tax Exemption (ED AVTE)
for Instrument Transformers, Inc. for Tax Year 2014 through Tax Year 2023.
Ordinance 8882-16 amends the exemption period to Tax Year 2016 through
Tax Year 2025 and amends the sunset date to end of Calendar Year 2026
allowing the company to receive the maximum value of the exemption following
completion of the project in November 2015.
4. Finance
4.1 Approve the purchase of excess property insurance, including Boiler and Machinery
and Terrorism coverages, from April 1, 2016 to April 1, 2017, at the level of insurance
provided for in this agenda item, at an amount not to exceed $1,600,000; approve
locking in the property rate of$0.247878 per $100 of values for an additional year,
through April 1, 2018; and authorize the appropriate officials to execute same.
(consent)
The Risk Management Division of the Finance Department requested Arthur J.
Gallagher and Co. (Florida) to obtain quotes for the property insurance
program expiring April 1, 2016. Per the quotes obtained, Risk Management is
recommending that the City continue with its current coverage of a $60 million
wind limit with a maximum out-of-pocket deductible for hurricane damage and
flood loss of$5 million and a $60 million flood limit. The self-insured retention
(SIR) would remain at$100,000 per occurrence, with a 5% SIR for named
storms up to the maximum deductible of$5 million. This $5 million deductible is
a strong feature of this program due to the current soft market, available
beginning with last year's renewal.
The City currently has a stand-alone policy through Zurich that it first obtained
in April 2012 to insure three city bridges, Sand Key Bridge, Mandalay Channel
pedestrian bridge and the McMullen Booth pedestrian overpass. The bridge
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policy has a self-insured retention (SIR) of$100,000 per occurrence, with a
$500,000 SIR for named storms, and provides an additional $47 million of
aggregate windstorm/flood/terrorism capacity that would otherwise be applied
to the $60 million limit for the City's property insurance program. Zurich
provided a three-year rate guarantee in April 2012 that they extended for an
additional two years, through April 1, 2017. City staff will seek to either extend
or replace the bridge program when it expires.
The proposed renewal program includes Terrorism - Property and Liability
coverage limits at$25 million for property damage and $10 million for liability.
The program also provides Nuclear, Biological, Chemical & Radioactive
Terrorism coverage with limits of$3 million. The renewal program also
provides a total-limit increase from $50 million to $100 million for Equipment
Breakdown coverage.
Improvements were made to the property program sub-limits, which include the
following:
• Errors & Omissions - Increased from $2 million to $10 million
• Mold, Fungus, Wet or Dry Rot - Increased from $500,000 to $1 million
• Expediting Expense - Increased from $1 million to $5 million
• Extra Expense - Increased from $5 million to $25 million
• Miscellaneous Unnamed Locations - Increased from $2.5 million to
$5 million
• Reduced Minimum Deductibles for Named Wind and Flood - From
$500,000 to $100,000
In addition, an option was provided to the City to lock in the proposed property
rate for the 2017-2018 policy term. The property rate provided this year is the
lowest property rate the City has seen since prior to the 2005 hurricane
season.
Total premiums in the first year of the two-year program are estimated to be
$1,550,838.31. This represents a decrease of$187,394.16 (10.8%) from last
year's program cost. Staff recommends adding a contingency bringing first
year program cost to a not-to-exceed amount of$1,600,000.
This program, combined with the abovementioned bridge program, represents
a premium rate of$0.238 per$100 of values. The rate for the property
program alone (not including bridges, terrorism and boiler & machinery) is
$0.247878 per $100 of values (Property Rate). In past years, the City has
negotiated this rate annually; however, at this time, the City has the option to
lock the Property Rate for an additional year (through April 1, 2018). The Risk
Management Division recommends locking in at this rate for the additional year
to take advantage of this historically low rate. The Risk Management Division
will be required to resubmit the City's statement of values prior to the second
year of the program. While the rate will remain the same in the program's
second year, the total premium may increase due to property acquisition, new
construction, replacement-value increases, etc. The additional year with the
locked Property Rate is subject to certain contingencies including the following:
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the City's loss ratio will be required to be less than 40%, have no material
changes in exposures, and the carrier must not have any loss or material
change of their treaty reinsurance in order to maintain the same rate for the
2017 renewal.
Risk Management believes that the recommended coverages will continue to
cover the City's property risks at levels and rates which, when taken together
as a whole, represent a reasonable insurance program for the City.
APPROPRIATION CODE AND AMOUNT:
Funds are available in cost code 590-07000-545100-519-000 to fund this
expenditure.
In response to a question, Arthur J. Gallagher Representative said if the
insurance rate increases, the City's rate will remain flat during the 2-year term.
4.2 Approve blanket purchase orders (contracts) for clothing purchases and uniform
rentals to DesignLab and Cintas, respectively, for the annual amounts and renewal
terms cited, and authorize the appropriate officials to execute same. (consent)
With the branding rollout and new logo introduction, departments are preparing
to order clothing items. Purchasing has identified existing contracts available
to piggyback that will result in cost savings to the City. City Code 2.564
Exceptions to Bid and Quotation Procedures, Item (d) provides for the
utilization of cooperative purchasing contracts previously awarded by other
governmental entities.
Over the past few months, Public Utilities Director David Porter has researched
and determined that rental uniforms are better suited for approximately 160
field employees who are routinely exposed to bio-hazard materials during their
work. These workers will switch to rental uniforms and no longer wear home
the clothing exposed to contamination during the work day. Three welders will
be provided with flame resistant coveralls as well.
Additionally, Building and Maintenance Superintendent Tom Wojtkiw has
identified eight electrical trade employees including the supervisor who will be
provided rental flame resistant garments.
Purchasing requests Council authorization to utilize Pinellas County contract
123-006-B (expires August 2017) with Design Lab for clothing purchases such
as button-down oxfords, polo shirts, light outerwear, high-visibility Personal
Protective Equipment (PPE), and similar items; and the U.S. Communities
contract 12-JLH-011 C (three-year commitment) with Cintas for rental
uniforms including flame resistant garments. This request includes items for
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Police Communications, but does not include Police and Fire crew uniforms.
Departments have Fiscal Year 15/16 funds for routine replacement of uniforms
and clothing items. On January 21, 2016, Council approved a Branding
Roll-Out Special Program 181-98602 with a budget of$400,000 for funding
clothing (non-routine in nature) and signage replacement. This authorization
request for routine and non-routine clothing replacements is for an annual total
not to exceed $250,000; and rental uniforms for an annual total not to exceed
$100,000 with a three-year rental commitment, subject to appropriation of
funds.
APPROPRIATION CODE AND AMOUNT:
Funding for approximately $256,000 of this contract has been included in the
individual department's fiscal year 2016 budget. The remaining funding for
non-routine uniform purchases due to the branding roll-out is available in
special program 181-98602, Branding Roll-Out.
5. Parks and Recreation
5.1 Ratify and confirm the City Manager's approval of a purchase order (ST 112567) to
Young Money Touring Inc. of Santa Monica, CA for $110,000 in order to secure a
contract for the performance by Lil Wayne at Wild Splash to be held in Coachman
Park on March 5, 2016. (consent)
The City entered into a partnership agreement with Beasley Media Group
(BMG) to produce "Wild Splash" on March 5, 2016.
One of the provisions of the agreement is for the City to pay for the performers
and BMG to reimburse the City with proceeds from the event. This has never
been a problem in the past as the City has always been reimbursed for all
costs of the concert as well as making a profit to be used for other special
events in the City.
Most of the performance contracts are less than $100,000, not needing
Council approval. However, the contract negotiated and agreed to by the BMG
with Young Money Touring Inc. (YMT) for the services of"Lil Wayne" was
$110,000 thus requiring Council approval.
In order to secure the contract and send the required retainer fee of$55,000 to
YMT the City Manager approved the purchase order.
In response to questions, Parks and Recreation Director Kevin Dunbar said
Wild Splash in a high profile event. The City is reimbursed through ticket sales.
The event has been sold out.
Staff was directed to take Item 5.1 off the Consent Agenda.
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5.2 Approve a purchase order (contract) to Construction Manager at Risk, Keystone
Excavators, Inc., of Oldsmar, Florida in the amount of$230,039.98, which includes a
10% contingency, for site work and construction of a parking lot associated with
Veteran's War Memorial at Crest Lake Park and authorize the appropriate officials to
execute same. (consent)
On July 16, 2015, the City Council approved establishing a Capital
Improvement Project entitled Crest Lake Park Veteran's War Memorial (CIP
315-93647) for the construction of Phase I of a war memorial in accordance
with a MOU (Memorandum of Understanding) between the City and the Tampa
Bay Veterans Alliance (TBVA). Approved funding for Phase I came from
$250,000 from general fund reserves and $150,000 of funds raised by TBVA
which were in escrow for the project.
On November 5, 2015 the City Council approved a Partnership and Funding
Agreement (agreement) between the City of Clearwater and TBVA for the
purpose of funding and constructing a Veterans War Memorial at Crest Lake
Park.
Staff and representatives from TBVA have agreed to a plan and design for the
memorial and permits with SWFMD (Southwest Florida Water Management
District) and the City have been approved to begin construction. A
construction fence has been installed on the southeast corner of the park in
anticipation of beginning the construction activities.
This purchase order is for the construction of a 16-space asphalt parking lot to
accommodate visitors to the memorial as well as providing the necessary site
work to construct retention ponds and prepare the grade so that Phase I of the
memorial can be constructed by others.
Items which have already been purchased for the memorial include brick
pavers, military medallions and light bollards, total approximately $32,000.
Items still to be purchased include masonry blocks, wall caps, flag poles and
lights; and installation of concrete walks, brick pavers and electrical service.
If approved, Keystone Excavators will begin site work and construction on
March 10. All construction on the memorial will be completed prior to the
dedication of the memorial scheduled for Memorial Day, May 30, 2016.
Keystone Excavators was selected under the Request for Qualifications
process based on qualifications, experience on similar projects, staff
experience and availability, and knowledge of City standards. Keystone has
been the selected low bidder on many past city projects of similar scope and
the City was pleased with their performance.
APPROPRIATION CODE AND AMOUNT:
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Funds are available in Capital Improvement Project 315-93647, Crest Lake
Park Veterans War Memorial to fund the purchase order.
In response to questions, Parks and Recreation Director Kevin Dunbar said
site work will include the plaza and parking lot. Everything inside the fenced
area will be leveled and regarded, including the burms. Mr. Dunbar said there
are pine trees located in the immediate area. The dedication is scheduled for
Memorial Day.
6. Engineering
6.1 Approve the First Amendment for Term Extension for the Countywide ATMS/ ITS
Traffic Signal Interlocal Agreement and authorize the appropriate officials to execute
same. (consent)
Authorize the City Manager to execute the First Amendment for Term
Extension for the Countywide ATMS / ITS Traffic Signal Interlocal Agreement
between Pinellas County and the City of Clearwater dated March 2, 2006.
On March 2, 2006, City Council approved the Countywide ATMS / ITS Traffic
Signal Interlocal Agreement between Pinellas County and the City of
Clearwater with an effective period of ten years with subsequent ten year
renewals, unless terminated or canceled as provided therein. The County and
the City entered into this Interlocal Agreement on May 18, 2006.
The ATMS / ITS Interlocal Agreement defines the roles and responsibilities
specific to the funding, construction, operation and maintenance of the ATMS /
ITS systems within the City of Clearwater. Pinellas County and the City of
Clearwater have determined that centralizing transportation management
functions on major arterial roads throughout the City, in accordance with the
Metropolitan Planning Organization's adopted ITS plan, will provide for
increased safety and efficiency of the countywide roadway network.
To accomplish this, the City transferred traffic control jurisdiction and operation
of roadways to Pinellas County as the ATMS / ITS equipment is installed. The
County will continue to be responsible for funding relative to implementation
and operation of new and existing ATMS / ITS corridors throughout the City.
The City's Traffic Operations Division will continue to maintain the traffic
signalization equipment on existing and new ATMS / ITS corridors within the
City, and continue to be reimbursed by the County for said maintenance.
This action would authorize the City Manager to execute the first renewal of the
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ATMS / ITS Interlocal Agreement for another ten (10) years, providing the
Pinellas County Administrator does the same.
In response to questions, Traffic Operations Manager Paul Bertels said CSX
owns the railroad tracks and have federal authority to maintain and install
devices on their timeline. The City and the Florida Department of
Transportation did encourage them to complete the project prior to Spring
Break. Mr. Bertels said adaptive control traffic signal coordination takes each
intersection and optimizes its efficiency to shorten the overall trip on that
corridor, even when the driver is stopped at every other light. In-sync has been
installed on from Belcher Road to Island Estates, it will be installed on
Coachman Road to Damascus Road as the construction on US Hwy 19 is
completed.
6.2 Approve a work order to Engineer of Record (EOR) King Engineering Associates, Inc.
in the amount of$427,200 for Kapok Terrace - Sanitary Sewer Expansion Project
(15-0036-UT) and approve amendment 1 with Florida Department of Environmental
Protection (FDEP) for the increased amount of$250,000 for the construction of
sanitary sewer expansion program; and authorize the appropriate officials to execute
same. (consent)
This Agenda Item provides for updated planning, design services, and
permitting for the construction of new sanitary sewer system to connect
areas that are currently served by septic tanks as identified in The City's
Sewer System Expansion Feasibility Study of 2012.
This project will target the Kapok Terrace area - the next area on the
priority list. The new system will connect approximately 135 properties to
City's sanitary system.
This project also includes various stormwater and sidewalk improvements
inside the Kapok Terrace area.
The design phase is anticipated to be completed by March 2017, followed
up by the construction phase currently anticipated to be from July 2017
through November 2018.
King Engineering Associates, Inc. is one of the City's EOR, and this work
order was negotiated in accordance with the Consultants Competitive
Negotiations Act.
FDEP agreement LP52090 was approved in the amount of$250,000 for
the construction of sanitary sewer expansion program in Fiscal Year 2014
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- 2015. Amendment 1 is to increase the agreement by the amount of
$250,000 for the same program in Fiscal Year 2015 - 2016. The total
amount of this agreement is $500,000 and there is no cost associated
with accepting the amendment.
APPROPRIATION CODE AND AMOUNT:
0315-96630-561300-535-000-0000 $377,641
0315-96124-561200-539-000-0000 $ 44,379
0315-92277-561200-541-000-0000 $ 5,180
A first quarter budget amendment will increase budget only of Capital
Improvement Program (CIP) project 0315-96630, Sanitary Sewer Extension, by
$500,000 for FDEP grant funding for FY14/15 and FY15/16 which provides
funding.
A first quarter amendment will transfer$500,000 from Facilities Upgrade
project 0315-96654 to Sanitary Sewer Expansion project 0315-96630.
Sufficient funding is available in Capital Improvement Program projects in
amounts of$377,641 from 0315-96630, Sanitary Sewer Extension, $44,379
from 0315-96124, Storm Pipe System Improvements, and $5,180 from
0315-92277, Streets & Sidewalks for total funding of$427,200 to fund the work
order.
In response to questions, Engineering Assistant Director Scott Rice said
Kapok Park is located to the west of the subject area. The owner for a property
located in the middle of the map will be able to sign an agreement to annex.
7. Planning
7.1 Accept the annual report on the status of development agreements. (WSO)
Community Development Code Section 4-606.J states that the city manager
shall review all lands within the city subject to a development agreement at
least once every 12 months to determine if there has been demonstrated
good-faith compliance with the terms of the development agreement. Staff has
provided a memorandum that includes a list of the Development Agreement
applications (DVAs) and Hotel Density Reserve Development Agreements
(HDAs) entered into by the City and a status of the agreement and associated
project, if applicable.
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8. Marine & Aviation
8.1 Approve the Fourth Amendment to the lease agreement dated September 17, 2012
by and between the City of Clearwater, Florida (Lessor) and the Marina Cantina, LLC,
(Lessee),and authorize the appropriate officials to execute same. (consent)
This amendment addresses interior and exterior space rent, the names
assigned to first floor restaurant spaces and amends and finalizes completion
date for each space.
The City of Clearwater entered into an agreement with the Marina Cantina,
LLC on September 17, 2012.
This lease was amended with a First Amendment on June 19, 2013 to modify
the terms and conditions resulting from the hold over tenants of the former gift
shop, which affected the square footage of the Lease Agreement with the
lessee as the lessee took over and gained that former gift shop square
footage.
This lease was amended with a Second Amendment on October 5, 2015 to
take into account a brief construction delay caused by improvements that were
not initially contemplated in the initial lease agreement. The Second
Amendment provided an extension of the completion date by three months to
have the restaurant open by January 1, 2016.
This lease was amended by a Third Amendment on November 20, 2015. The
third amendment provided the documentation and instrument for the lessee's
costs ($409,606.49) to be brought forward for reimbursement by the Lessor.
These were for unforeseen costs for emergency repairs, exterior and common
space glass, doors, and fire rated drop ceilings along with costs not budgeted
for bringing the entire building to a uniform appearance and in compliance with
current building codes.
This Fourth Amendment will amend the following paragraphs of the Marina
Cantina, LLC lease:
Paragraph 4 is replaced in its entirety and defines the Premises use by
business names and services as follows: 1) a full service restaurant with full
liquor bar, bar service, and outdoor seating referred to as "Marina Cantina", (2)
a full service restaurant with full liquor bar, bar service, and outdoor seating
referred to as "Salt Cracker"; (3) and a pizza restaurant with outdoor seating
referred to as `Roundabout Pizza." The "Roundabout Pizza" spaces may also
be used as a prep kitchen for Marina Cantina and Salt Cracker. Roundabout
Pizza may also be used for deliveries and storage of items necessary to
conduct the permissible business activities. Unauthorized use of the Premises
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Council Work Session Meeting Minutes February 29, 2016
will constitute an event of default.
Paragraph 5(a), subparagraphs (c) through (h) and Q) are replaced in their
entirety due to updated square footage calculations of both interior and exterior
space.
Amend paragraph 5 to adjust the eventual interior square footage to
10,141 square feet and outdoor/patio square footage to 15,578 square
feet.
Amend paragraph 5a to include "Salt Cracker" and "Roundabout Pizza"
in the percentage of alcohol sales owed to the City. The percentage of
alcohol sales remittance shall be made along with the Lessee's
payment of the monthly rent.
Amend paragraph 5c "iii" to add increased interior square footage and
increase the dollar calculations proportionately commencing the date of
the Certificate of Occupancy.
Amend paragraphs 5d - 5h to reflect the increased square footage to
10,141 square feet with the payments to be calculated based on the
amended interior square footage number.
Amend paragraph 5j to bring the deposit amount up to the new rate of
$7605.75 to secure faithful performance of the Lessee's obligations.
Paragraphs 15 (f) (4) and (5) have been added to address lease violation and
abandonment clauses, default and termination provisions.
Paragraph 16 has been amended to extend the restaurants opening dates to
April 1, 2016, for Marina Cantina and Salt Cracker defined spaces and Labor
day 2016 for the Roundabout Pizza restaurant.
In response to questions, Marine and Aviation Director Bill Morris said the Salt
Cracker Restaurant will be located in the space previously occupied by the gift
shop; Roundabout Pizza will be located on the east end of the building
(previously the entrance to the post office). The restrooms and elevator will be
on the third floor and the bar on the second floor account for the additional
square footage.
9. Official Records and Legislative Services
9.1 Appoint one member to the Nuisance Abatement Board with term to expire February
28, 2020.
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APPOINTMENT WORKSHEET
BOARD: Nuisance Abatement Board
TERM: 4 years
FINANCIAL DISCLOSURE: Yes
APPOINTED BY: City Council
RESIDENCY REQUIREMENT: City of Clearwater
MEMBERS: 7
APPTS. NEEDED: 1
Purpose: The Nuisance Abatement Board will be composed of seven city
residents who will conduct hearings on public nuisance cases associated with
prostitution and drug-related activities on known properties throughout the City.
THE FOLLOWING BOARD MEMBER HAS RESIGNED AND NOW
REQUIRES REPLACEMENT BY A NEW APPOINTEE:
Richard (Dick) L. Ruben - 1430 Gulf Blvd. #501, 33767 - Retired/Business
Original appointment: 8/20/15
Resigned: 2/4/16
THE NAMES BELOW ARE BEING SUBMITTED FOR CONSIDERATION TO
FILL THE ABOVE VACANCY:
1. Gary H. Baker - 55 Rogers Street#402, 33756 -Attorney
2. Greg A. Brown - 1279 Bermuda St., 33755 - Production Assistant
3. Jeffrey E. Feeley - 3301 San Domingo St., 33759 - Real Estate Investor
4. Carole Hayes - 2087 Edgewater Dr., Unit G., 33755 - Retired/BS Education
5. Mary Ann Lane - 3030 Homestead Ct., 33759 - Clinical Social Worker
6. Kevin R. T. Laughlin - 1237 Rose Road, 33759 - Industrial Safety Training
7. Susan Oliveto - 100 Waverly Way#303, 33756 - English Teacher/Librarian
8. James Strobusch - 31 Island Way#807, 33767 - Retired/HR Management
9. Michelle Thomann-Ramirez - 10 S. Keystone Dr., 33755 -Art Educator/Artist
Zip codes of current members:
4 at 33755
2 at 33756
Current Categories:
Attorney
HR Analyst
Restaurant Owner
Retired Business Management
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Council Work Session Meeting Minutes February 29, 2016
Retired/Management
Retired Teacher
There was consensus to appoint Mr. Laughlin. Staff was directed to place Item
9.1 on the Consent Agenda.
10. Legal
10.1Amend Section 27.06, Code of Ordinances, to extend the installment payment period
for special assessments from not more than ten years to not more than twenty years,
and pass Ordinance 8845-16 on first reading.
The Council recessed from 2:51 p.m. to 2:56 p.m.
10.2Adopt Ordinance 8821-16 on second reading, annexing certain real properties whose
post office addresses are 2118, 2142 and 2166 Bell Cheer Drive, Clearwater, Florida
33764 into the corporate limits of the city and redefining the boundary lines of the city
to include said addition.
10.3Adopt Ordinance 8822-16 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 properties whose post office addresses are 2118, 2142 and 2166 Bell Cheer
Drive, Clearwater, Florida 33764, upon annexation into the City of Clearwater, as
Residential Low (RL).
10.4Adopt Ordinance 8823-16 on second reading, amending the Zoning Atlas of the city
by zoning certain real properties whose post office addresses are 2118, 2142 and
2166 Bell Cheer Drive, Clearwater, Florida 33764, upon annexation into the City of
Clearwater as Low Medium Density Residential (LMDR).
11. City Manager Verbal Reports
11.1Clearwater Beach Marina Parking Plan - Eric Wilson, Parking Manager and Mike
Quillen, Engineering Director
The City Manager said Parking Manager Eric Wilson would provide a
summarized presentation of the proposal addressing the parking needs at the
Clearwater marina. Staff has met with the Clearwater Marina Association and
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Council Work Session Meeting Minutes February 29, 2016
worked through a proposal that is supported by all involved. Mr. Wilson will
also be providing information and requesting guidance on the proposed
parking pass fee structure.
Mr. Wilson said city staff from different departments met to come up with
possible solutions. 110 marina tenants were sent surveys and 40%
responded. Staff conducted a meet and greet in November to discuss the
options with tenants who were not able to participate in the survey. Questions
focused on what the tenants need to operate their businesses. There are
many aspects of the marina that affect parking including recreational boaters,
fishing boat businesses, party boats, dinner cruises, restaurants, as well as
the beach which is located 200 yards away. Possible solutions to help with the
parking gridlock include creating a parking permit office, eliminate or greatly
reduce the amount of employees that utilize the marina lot, create signage that
helps direct people to park in appropriate lots, and facilitate a contracted valet
service. Currently, police aides are stationed in the marina lot to educate
visitors as to who is allowed to park there and re-route beach goers to other
lots, they also alert parking enforcement to violations.
Mr. Wilson said people are event driven and do not think of parking until they
reach their destination. They ignore signs or take the risk of receiving a
parking citation and paying a penalty. A parking permit office would offer a
more efficient, centralized, and streamlined approach to the parking permits
that are currently sold at participating businesses. It has been discovered that
some businesses sell permits for other activities on the beach. A valet service
is something that can be modified as time goes on if needed. Staff anticipates
that valet service would be used for the large party boats, restaurants, and
dinner cruise boat participants. Staff met with a consultant and Mr. Chavez of
Baystar regarding his proposal for long term and short term valet parking lots
within the marina lot. The valet would determine which lot would be used
based on the activity the customer is participating in. The service would come
at a cost to the customer. Research has indicated that the cost for this type of
service ranges between $1,000 and$3,000 a day. Valet would stack the cars
in rows versus using the parking spots as they are currently striped. Staff
recommends having this type of service in the afternoon, when the lot is
busiest(i.e., when people arrive for all day fishing trips, when people arrive for
dinner cruises, when people go to the restaurants). Mr. Wilson said people
who come to the beach for dinner typically stay up to 2.5 hours. Customers
could also utilize the meter spaces with a permit if they chose not to use the
valet parking.
In response to questions, Mr. Wilson said the City and the valet company
would work together on removable signage. It will take up to 8 weeks for a
contractor to remove the islands in the parking lot, resurface, and restripe the
lot for valet purposes. The lot could still be used during valet off times. Mr.
Wilson explained that the permit office would instruct visitors on where they
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Council Work Session Meeting Minutes February 29, 2016
could park and it would depend on how long they would be parked. If a visitor
arrived at 10:00 a.m. for a 3-hour dolphin tour and the valet started at 12:00
p.m., the permit office would instruct the visitor to not park in the valet
section. The City hired Walker Consultant to look at the plan from a valet
perspective, which will be completed next week.
In regards to stacking the vehicles, the City Manager said the lot would not get
the car density if a valet system was not used.
Marina Business Owner Frank Chivas spoke in support of a valet system for
the lot and expressed concern regarding the hours of operation. He
supported an all day valet service would be appropriate.
Discussion ensued with consensus to give patrons a 30-minute parking
credit. There was also consensus to look at adding additional parking and to
continue to study the situation.
Double Eagle Vice President Chad Haggert spoke in support of a valet system
and said there is a bigger issue with parking cars for afternoon trips than for
morning trips.
Mr. Wilson reviewed current parking rates and the plan to increase the rates
over the next two years, the current rates are old and the rates will be
staggered over the next two years to bring them up to date. Increasing the
rates will help offset the marina parking maintenance. The City Manager said
the City has subsidized the parking for the marina and there is a reason the
rates are not higher than they are. There has been pushback from marina
tenants as they believe increasing the cost of parking will affect their
businesses.
Discussion ensued regarding the amount of the meter and parking pass rates
with consensus to increase the annual parking pass from $200 to $225 and
the monthly parking pass from $26 to $30. The City Manager said the topic
would be brought back to discuss any increases for 2018.
The Council recessed from 4:45 p.m. to 4:50 p.m.
11.2Tourist Development Council funding request for Ruth Eckerd Hall
Parks and Recreation Director Kevin Dunbar said staff has received a request
from Ruth Eckerd Hall (REH) to submit an grant application for TDC funding
on REH's behalf. The City Manager said council direction is needed regarding
the request.
In response to questions, Administrative Support Manager Felicia Donnelly
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said the grant constraints require lease periods to be at least 20 years, REH
leases the facility from the City, which only has 15 years remaining. The City
must apply for the TDC grant since there is less than 20 years remaining on
the current lease agreement. REH is requesting $5 million ($1 million per year
for five years). Mr. Dunbar said there may be city projects the City may want to
submit under the same grant program.
The Mayor said the TDC is not accepting applications currently but are
positioning themselves so they are ready to move forward once the funding
availability is established.
The City Attorney said she would have to look at the previous lease
agreements to determine total lease period, as there are current charter
restrictions on lease periods.
There was consensus to support the request.
12. City Attorney Verbal Reports
The City Attorney said she will be presenting an agreement with Clearwater
Ferry at the council meeting.
13. Council Discussion Item
13.1 Policy Regarding Infrastructure Work that May Impact Traffic - Councilmember
Hamilton
AND
13.2Spring Break - Councilmember Hamilton
Councilmember Hamilton said historically the Spring Break season has been
March through April but really begins in mid February. He said policy for staff
should entail any requests for major project that impact major roadways
should not be conducted February through April unless absolutely necessary.
He suggested these projects should be completed prior to February.
In response to questions, the City Manager said the Police Department and
other staff have used the March through April timeframe to establish the
Spring Break period. Councilmember Hamilton expressed concerns with the
recent CSX railroad work impacting traffic to the beach. Parks and Recreation
Director Kevin Dunbar said the Department's special events and activities
occur Labor Day through March. If the suggested policy change is approved
by Council, staff will try to work with other agencies to institutionalize the
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project completion deadline. The City Manager said staff can only control city
work.
No action taken.
13.3Positive discussion on transportation alternatives - Councilmember Jonson
Councilmember Jonson complimented the Mayor for his leadership during the
special council meeting. Council was able to go through the agenda while
problem solving and seeking alternatives. He thanked Councilmember
Hamilton for bringing his experience at the beach to the conversation.
13.4Resolution supporting establishing a maintenance budget partnership to enable
Florida Department of Transportation installed landscaping within the right-of-way at
overpasses on US 19 - Councilmember Jonson
Councilmember Jonson requested consideration to pursue landscaping within
the right-of-way at the overpasses on US Hwy. 19.
Discussion ensued with comments made that the request has been presented
to Council previously and not supported by Council, the current landscaping is
sufficient and that the decorative panels act as a landscape. It was stated that
the decorative panels were installed at the City's request. A concern was
expressed that the City would be required to maintain the landscaping.
Support was expressed for low maintenance xeriscaping. It was stated that
enhanced landscaping would support the City's new bright and beautiful
brand.
In response to questions, Parks and Recreation Director Kevin Dunbar said
the estimated cost to landscape four corners of a street is $5,000. The big
issue is picking up the trash. The Department contracts the landscape
maintenance work. Mr. Dunbar said the Department maintains over 600
properties.
14. New Business (items not on the agenda may be brought up asking they be
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scheduled for subsequent meetings or work sessions in accordance with Rule 1,
Paragraph 2).
Councilmember Hock-DiPolito said she sent an email to the City Manager
requesting a presentations for the Bike Share Program, automated vehicles
transportation, and Echelon Group regarding cable propelled elevated transit
at a future council meeting.
The Mayor requested that a presentation by individuals who have approached
the City re the gondola proposal also be scheduled.
15. Closing Comments by Mayor
The Mayor congratulated Vice Mayor Polglaze on the birth of his first
grandchild.
16. Adjourn
The meeting adjourned at 5:36 p.m.
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