05/04/2017
City Council Meeting Minutes May 4, 2017
City of Clearwater
City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
Meeting Minutes
Thursday, May 4, 2017
6:00 PM
Council Chambers
City Council
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City of Clearwater
City Council Meeting Minutes May 4, 2017
Roll Call
Present:
4 - Mayor George N. Cretekos, Councilmember Bill Jonson (Arrived – 6:03
p.m.), Councilmember Bob Cundiff and Vice Mayor Hoyt Hamilton
Absent:
1 - Councilmember Doreen Caudell
Also Present:
Jill Silverboard – Deputy 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 6:00 p.m. at City Hall.
2. Invocation – Rev. Donna Oberkreser from Central Christian Church
3. Pledge of Allegiance – Councilmember Cundiff
4. Special recognitions and Presentations (Proclamations, service awards, or
other special recognitions. Presentations by governmental agencies or groups
providing formal updates to Council will be limited to ten minutes.) – Given.
4.1
Swim Across America Day Proclamation, May 6, 2017 - Swim Across America Tampa Bay
4.2
Youth Sportsmanship Awards
4.3
Federal Session Update Presentation - Greg Burns, Van Scoyoc Associates
5. Approval of Minutes
5.1
Approve the minutes of the April 20, 2017 City Council Meeting as submitted in written
summation by the City Clerk.
Councilmember Cundiff moved to approve the minutes of the April
20, 2017 City Council Meeting as submitted in written summation
by the City Clerk. The motion was duly seconded and carried
unanimously.
6. Citizens to be heard re items not on the agenda
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Mr. James expressed concerns regarding taxes itemized on a
homeowner's tax bill for services they do not use.
7. Consent Agenda – Approved as submitted.
7.1
Approve a Work Order to Engineer of Record (EOR) McKim and Creed of Clearwater,
Fl, in the amount of $170,847 for Lift Station 45 Force Main Replacement
(17-0016-UT), and authorize the appropriate officials to execute same. (consent)
7.2
Approve the final plat for Stevenson Creek Townhomes, whose physical address is
1112 Stevenson Avenue, located on the North-easterly corner of Stevenson Avenue
and the Pinellas Trail. (consent)
7.3
Award a construction contract to PCL Construction Inc. for the Marshall Street Water
Reclamation Facility (WRF) Influent Pump Station Repair (16-0038-UT) in the amount
of $1,349,525.00, which is the lowest responsible bid received in accordance with the
plans and specifications; approve a Supplemental Work Order to Engineer of Record
(EOR) McKim and Creed, Inc. in the amount of $65,280.00 for construction
management and engineering inspection services and authorize the appropriate
officials to execute same. (consent)
7.4
Award a construction contract to RTD Construction, Inc. of Zephyrhills, FL in the
amount of $430,076, approve Engineer of Record (EOR) Tetra Tech Inc.
supplemental Work Order in the amount of $97,988 for the Reverse Osmosis Plant 1-
Pressure Filter Modifications and Adsorption System Automation Project
(15-0031-UT) and authorize the appropriate officials to execute same. (consent)
7.5
Authorize a purchase order (contract) to Andritz Separation of Arlington, TX in the
annual amount of $300,000.00, with the option for two, one-year term extensions for
the purchase of parts and service and authorize the appropriate officials to execute
same. (consent)
7.6
Request for authority to settle the case of Gail Scott vs. City of Clearwater Case No.
16-003177-CI for $65,000.00. (consent)
Vice Mayor Hamilton moved to approve the Consent Agenda as
submitted and authorize the appropriate officials to execute same.
The motion was duly seconded and carried unanimously.
Public Hearings - Not before 6:00 PM
8. Second Readings - Public Hearing
8.1
Adopt Ordinance 8980-17 on second reading, amending the future land use element
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of the Comprehensive Plan of the city to change the land use designation for a 0.72
acre portion of certain real property whose post office address is 2251 Montclair Road,
Clearwater, Florida 33763, from Preservation (P), to Residential Medium (RM).
Ordinance 8980-17 was presented and read by title only.
Councilmember Jonson moved to adopt Ordinance 8980-17 on
second and final reading. The motion was duly seconded and upon
roll call, the vote was:
Ayes:
4 - Mayor Cretekos, Councilmember Jonson, Councilmember Cundiff
and Vice Mayor Hamilton
8.2
Adopt Ordinance 8981-17 on second reading, amending the Zoning Atlas of the city
by rezoning a 0.72 acre portion of certain real property whose post office address is
2251 Montclair Road, Clearwater, Florida 33763, from Preservation (P) to Medium
High Density Residential (MHDR).
Ordinance 8981-17 was presented and read by title only.
Councilmember Cundiff moved to adopt Ordinance 8981-17 on
second and final reading. The motion was duly seconded and upon
roll call, the vote was:
Ayes:
4 - Mayor Cretekos, Councilmember Jonson, Councilmember Cundiff
and Vice Mayor Hamilton
8.3
Adopt Ordinance 9008-17 on second reading, annexing certain real property whose
post office address is 3115 Johns Parkway, Clearwater, Florida 33759, together with
certain right-of-way of Johns Parkway, into the corporate limits of the city and
redefining the boundary lines of the city to include said addition.
Ordinance 9008-17 was presented and read by title only. Vice
Mayor Hamilton moved to adopt Ordinance 9008-17 on second and
final reading. The motion was duly seconded and upon roll call, the
vote was:
Ayes:
4 - Mayor Cretekos, Councilmember Jonson, Councilmember Cundiff
and Vice Mayor Hamilton
8.4
Adopt Ordinance 9009-17 on second reading, amending the future land use element
of the Comprehensive Plan of the city to designate the land use for certain real
property whose post office address is 3115 Johns Parkway, Clearwater, Florida
33759, upon annexation into the City of Clearwater as Residential Urban (RU).
Ordinance 9009-17 was presented and read by title only.
Councilmember Jonson moved to adopt Ordinance 9009-17 on
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second and final reading. The motion was duly seconded and upon
roll call, the vote was:
Ayes:
4 - Mayor Cretekos, Councilmember Jonson, Councilmember Cundiff
and Vice Mayor Hamilton
8.5
Adopt Ordinance 9010-17 on second reading, amending the Zoning Atlas of the city
by zoning certain real property whose post office address is 3115 Johns Parkway,
Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Low
Medium Density Residential (LMDR).
Ordinance 9010-17 was presented and read by title only.
Councilmember Cundiff moved to adopt Ordinance 9010-17 on
second and final reading. The motion was duly seconded and upon
roll call, the vote was:
Ayes:
4 - Mayor Cretekos, Councilmember Jonson, Councilmember Cundiff
and Vice Mayor Hamilton
8.6
Adopt Ordinance 9011-17 on second reading, annexing certain real properties whose
post office addressees are 3052, 3059, and 3070 Hoyt Avenue, all within Clearwater,
Florida 33759, together with certain rights-of-way of Hoyt, Moss, and Merrill Avenues,
Terrace View Lane, Lake Vista Drive, Glen Oak Avenue East and Glen Oak Avenue
North, into the corporate limits of the city and redefining the boundary lines of the city
to include said addition.
Ordinance 9011-17 was presented and read by title only. Vice
Mayor Hamilton moved to adopt Ordinance 9011-17 on second and
final reading. The motion was duly seconded and upon roll call, the
vote was:
Ayes:
4 - Mayor Cretekos, Councilmember Jonson, Councilmember Cundiff
and Vice Mayor Hamilton
8.7
Adopt Ordinance 9012-17 on second reading, amending the future land use element
of the Comprehensive Plan of the city to designate the land use for certain real
properties whose post office addressees are 3052, 3059, and 3070 Hoyt Avenue, all
within Clearwater, Florida 33759, upon annexation into the City of Clearwater as
Residential Low (RL).
Ordinance 9012-17 was presented and read by title only.
Councilmember Jonson moved to adopt Ordinance 9012-17 on
second and final reading. The motion was duly seconded and upon
roll call, the vote was:
Ayes:
4 - Mayor Cretekos, Councilmember Jonson, Councilmember Cundiff
and Vice Mayor Hamilton
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City Council Meeting Minutes May 4, 2017
8.8
Adopt Ordinance 9013-17 on second reading, amending the Zoning Atlas of the city
by zoning certain real properties whose post office addressees are 3052, 3059, and
3070 Hoyt Avenue, all within Clearwater, Florida 33759, upon annexation into the City
of Clearwater, as Low Medium Density Residential (LMDR).
Ordinance 9013-17 was presented and read by title only.
Councilmember Cundiff moved to adopt Ordinance 9013-17 on
second final reading. The motion was duly seconded and upon roll
call, the vote was:
Ayes:
4 - Mayor Cretekos, Councilmember Jonson, Councilmember Cundiff
and Vice Mayor Hamilton
9. City Manager Reports
9.1
Amend the Clearwater Code of Ordinances, Section 2.527 - Settlement of Claims, to
increase the City Manager or his/her designee authority to settle and release, on
behalf of the City, any claim or lawsuit, both for and against the City, up to and
including $50,000, which is an increase from its current amount of $25,000; approve
any settlement that exceeds $15,000 (currently $7,500) shall be reviewed by the City
Attorney and/or designee and any claim that exceeds $25,000 (currently $15,000)
shall require unanimous written concurrence of the City Manager, City Attorney and
Risk Manager or their designees and pass Ordinance 9031-17 on first reading.
The Risk Management Division of the Finance Department respectfully
requests this amendment to allow for settlement of claims to be more efficient
and to acknowledge that current claims settlement authorization levels are not
sufficient, since settlements have become increasingly more expensive since
1980, which is the date of the original Ordinance.
In reviewing the 22 claims that went to Council for settlement approval from
June 2014 to March 2017, 10 of those claims fell between $25,000 and $50,000.
By increasing the settlement authority to $50,000, it will provide for the following
benefits:
Allow recognition that claims values have increased since 1980, the
date of the original Ordinance, due to medical and legal expenses.
Greater flexibility for Risk Management and the Claims Committee to
settle claims quicker, therefore reducing workload, claims severity and
legal expenses.
Reduce the amount of time for review and approval of these
settlements arising from one on one’s with councilmembers,
presentations at council work sessions and council meetings.
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Risk Management believes the recommended changes to this Section will
increase the efficiency and provide a financial benefit of reducing claims
severity and legal payments.
Vice Mayor Hamilton moved to amend the Clearwater Code of
Ordinances, Section 2.527 - Settlement of Claims, to increase the
City Manager or his/her designee authority to settle and release, on
behalf of the City, any claim or lawsuit, both for and against the
City, up to and including $50,000, which is an increase from its
current amount of $25,000; approve any settlement that exceeds
$15,000 (currently $7,500) shall be reviewed by the City Attorney
and/or designee and any claim that exceeds $25,000 (currently
$15,000) shall require unanimous written concurrence of the City
Manager, City Attorney and Risk Manager or their designees. The
motion was duly seconded and carried unanimously.
Ordinance 9031-17 was presented and read by title only.
Councilmember Jonson moved to pass Ordinance 9031-17 on first
reading. The motion was duly seconded and upon roll call, the vote
was:
Ayes:
4 - Mayor Cretekos, Councilmember Jonson, Councilmember Cundiff
and Vice Mayor Hamilton
9.2
Approve Amendment 1 to Local Agency Program (LAP) Agreement between Florida
Department of Transportation (FDOT) and the City of Clearwater to increase federal
funding by $67,981 for the construction of Druid Trail Phase IV, extend the agreement
to October 31, 2018, authorize the appropriate officials to execute same and adopt
Resolution 17-18.
January 19, 2017, City Council approved a Local Agency Program (LAP)
agreement between the City of Clearwater and the Florida Department of
Transportation (FDOT) and authorized the City to build the final section of the
Druid Trail which will tie into the terminus of Druid Trail Phase III. Druid Trail
Phase IV is an eight foot wide multiuse asphalt trail on Druid Road from
Evergreen Avenue (Glen Oaks Park) to the Duke Energy Trail.
Upon completion of design estimated costs were higher than anticipated. In
order to rectify this FDOT has agreed to cover the increase of $67,981. City
funds will remain at $687,807. FDOT federal funding will be increased from
$2,223,803 to $2,291,784. The overall project value increases from
$2,911,610 to $2,979,591.
The LAP agreement is expected to go into effect in May 2017 and the project
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is to be completed by October 31, 2018.Maintenance of the facilities for the
trail will be the responsibility of the Parks and Recreation Department and
Traffic Operations Division of the Engineering Department.
City staff recommends approval of the LAP agreement and adoption of
Resolution 17-18.
APPROPRIATION CODE AND AMOUNT:
0315-92146-334411-000-000-0000 $67,981
A midyear budget amendment will increase budget only of Grant Revenue in
Capital Improvement project 0315-92146, Druid Road Improvement.
In response to a question, Traffic Operations Manager Paul Bertels said staff
expects the project to be completed by June 2018.
Councilmember Cundiff moved to Approve Amendment 1 to Local
Agency Program (LAP) Agreement between Florida Department of
Transportation (FDOT) and the City of Clearwater to increase
federal funding by $67,981 for the construction of Druid Trail Phase
IV, extend the agreement to October 31, 2018, and authorize the
appropriate officials to execute same. The motion was duly
seconded and carried unanimously.
Resolution 17-18 was presented and read by title only. Vice Mayor
Hamilton moved to adopt Resolution 17-18. The motion was duly
seconded and upon roll call, the vote was:
Ayes:
4 - Mayor Cretekos, Councilmember Jonson, Councilmember Cundiff
and Vice Mayor Hamilton
9.3
Request for authority to appeal an order final summary judgment against the City in
the case of Bayesplanade.com , LLC v. City of Clearwater (Case No. 16-000697-CI).
(consent)
On February 3, 2016, Bayesplanade.com, LLC, filed a civil lawsuit in the Circuit
Court of Pinellas County against the City of Clearwater seeking to quit title to a
certain tract of submerged land lying east of Clearwater Island.
Both parties filed motions for summary judgment and on April 18, 2017, the
Circuit Court granted Bayesplanade’s motion and denied the City’s motion.
The City Attorney’s Office believes that the City’s motion for summary
judgment was meritorious and that the City should appeal the judgment to the
Second District Court of Appeals.
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The costs relative to this appeal would come from copy and other
administrative overhead costs, estimated to be $300.00.
APPROPRIATION CODE AND AMOUNT:
0- 590 - 07000 - 545900 - 519- 000 -0000
Councilmember Jonson moved to approve Request for authority to
appeal an order final summary judgment against the City in
the case of Bayesplanade.com , LLC v. City of Clearwater (Case No.
16- 000697 -CI). The motion was duly seconded and carried unanimously.
10. City Attorney Reports — None.
11. Closing comments by Councilmembers (limited to 3 minutes)
Councilmember Cundiff said the National Day of Prayer was almost over and
he prays as often as he can. The theme for this year is "For your great
namesake, hear us, forgive us and heal us" (Daniel 9:19).
Councilmember Jonson thanked the Pinellas Ladies Prayer Breakfast
Committee for praying for all the elected officials. He said former Charleston
Mayor Joe Riley will be speaking at the Urban Land Institute conference in
Tampa, May 25 -26. He highlighted an area in the North Greenwood
neighborhood that was transformed from a jungle of ugliness to a beautiful
corner with live oak trees and thanked staff for their work on getting the area
cleaned up.
12. Closing Comments by Mayor
13. Adjourn
Attest
slz1EGl _t:t' (:
City Clerk
City of Clearwater
Mayor Cretekos reviewed recent and upcoming events.
The meeting adjourned at 6:55 p.m.
Mayor
City of Clearwater
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