05/17/2021 Council Work Session Meeting Minutes May 17, 2021
City of Clearwater
Main Library- Council Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
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Meeting Minutes
Monday, May 17, 2021
9:00 AM
Main Library - Council Chambers
Council Work Session
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City of Clearwater
Council Work Session Meeting Minutes May 17, 2021
Roll Call
Present: 5 - Mayor Frank Hibbard, Vice Mayor Hoyt Hamilton, Councilmember
David Allbritton, Councilmember Mark Bunker and Councilmember
Kathleen Beckman
Also Present: William B. Horne — City Manager, Micah Maxwell —Assistant City
Manager, Michael Delk—Assistant City Manager, Pamela K. Akin -
City Attorney, Rosemarie Call — City Clerk, and Nicole Sprague —
Deputy City Clerk.
To provide continuity for research, items are listed in agenda order although not
necessarily discussed in that order.
1. Call to Order - Mayor Hibbard
The meeting was called to order at 9:36 a.m.
2. Presentations — Given.
2. 1 PSTA Water Ferry - Cassandra Borchers, Chief Development Officer
Ms. Borchers provided a PowerPoint presentation.
In response to questions, Ms. Borchers said the multi modal center is a top
priority for staff, working diligently on the federal funding application. The
federal grant requires a local 20% match.
3. City Manager
3.1 Approve an Interlocal Agreement with Pinellas County to increase the Local Option Fuel
Tax by $0.05. (consent)
Pinellas County is asking for approval of an Interlocal Agreement regarding an
increase in Local Option Fuel Tax (LOFT) by $0.01-$0.05, with $0.05 bringing
Pinellas County to the current state cap for LOFT. This agreement does not
implement or support a tax increase, it simply details how the revenue will be
distributed should the BOCC implement the LOFT increase. Should the
interlocal be approved, the BOCC will then discuss if they will implement the
additional LOFT and to what level.
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Council Work Session Meeting Minutes May 17, 2021
The proposed distribution is the same formula as the existing $0.07 LOFT
renewed in 2015: Pinellas County will receive 60%, with the incorporated
municipalities splitting the remaining 40% based on population. St. Petersburg
would get the largest share amongst the municipalities (15.33%), while
Clearwater would get the second largest share (6.69%).
The county portion of the funding will fund the County's Transportation Trust
Fund, which is projected to be exhausted in Fiscal Year 2022, and expenditure
of both city and county distributions are limited by statute to capital
improvements to transportation facilities.
4. Gas System
4.1 Accept a Gas Utility Easement from NRF Pinewood, LLC, for the construction,
installation, and maintenance of gas utility facilities on real property located at 3860
Tampa Road, Oldsmar FL and adopt Resolution 21-13.
NRF Pinewood, LLC (Grantor) has granted a non-exclusive five-foot wide
natural gas easement, on property located at 3860 Tampa Rd, Oldsmar (Parcel
ID# 23-28-16-74402-001-0010) for the installation of a natural gas distribution
line. This main line will serve a commercial restaurant (Juan's Mexican
Restaurant).
The easement grant is sufficient for the City to maintain and replace its facilities
as necessary in perpetuity, or until such time as the City determines to abandon
its use.
4.2 Authorize a purchase order to General Utility Pipe and Supply of Trussville, AL in an
annual not-to-exceed amount of$1,800,000.00 for the initial term of May 21, 2021
through May 20, 2022, with two one-year renewal options pursuant to Invitation to Bid No.
19-21, Polyethylene Pipe/Fittings and Steel Pipe/Fittings and authorize the appropriate
officials to execute same. (consent)
Procurement issued Invitation to Bid (ITB) No. 19-21, Polyethylene Pipe/Fittings
& Steel Pipe/Fittings, on behalf the Clearwater Gas System (CGS). The City
received three bids, with one being withdrawn at the request of the vendor
due to the nature and volume of the raw material increases. Upon review of the
two responsive submittals, both Procurement and CGS recommend awarding
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Council Work Session Meeting Minutes May 17, 2021
this bid to General Utility Pipe and Supply, the lowest responsive and
responsible bidder for all Groups, excluding Group 9- Stab Fittings 3408 RESIN,
which did not meet bid specifications.
Due to the volatility of the polyethylene and steel markets, fluctuating prices,
supply, and demand issues and to ensure the availability of these essential
commodities at the lowest price, CGS is requesting flexibility to order
unavailable items from the open market, if necessary.
The pipe and fittings will be used for the installation of gas distribution mains,
service lines and repair/maintenance work to serve our customers.
APPROPRIATION CODE AND AMOUNT:
Funding is available in Pinellas New Mains and Services 315-96377 and Pasco
New Mains and Services 315-96378 in the Clearwater Gas System Budget.
5. Police Department
5.1 Authorize an increase to purchase order number 21000409 to Signal 15 Inc. of Largo,
FL, for the purchase of ballistic vests and vest carriers in an amount of$35,000, bringing
the total not-to-exceed annual amount to $135,000, through September 30, 2021 and
authorize the appropriate officials to execute same. (consent)
In December 2020, the Clearwater Police Department (CPD) requested a
purchase order in the amount of$50,000 for the purchase of ballistic vests,
piggybacking off the State of Florida contract 46151504-NASPO-17-ACS which
expired in March 2021.
In February 2021, an increase of$50,000 was approved by the City Manager,
bringing the total amount to $100,000. This additional purchase was a result of
the implementation of external vest carriers because of the Body Worn Camera
program. Since the vests were custom modified by Signal 15 Inc., the vest
carriers were sole sourced through them.
Authorization is now requested to increase the purchase order by $35,000 for
additional ballistic vests and vest carriers, which may be required for new
employees, for a total annual not-to-exceed amount of$135,000.
Ballistic Vests: Piggyback off State of Florida contract
46151500-NASPO-21-ACS (Point Blank Enterprise was awarded vendor with
Signal 15 Inc as the authorized dealer under this contract. Term of contract:
03.16.2021-11.10.2022)
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Vest Carriers: Sole Source procurement
APPROPRIATION CODE AND AMOUNT:
Budgeted funds for FY21 are available in CPD cost code 0101131-547100,
Uniforms-Employee.
6. Engineering
6.1 Approve a Contract for Purchase of Real Property located at 701 Franklin Street, by the
City of Clearwater (City) for property owned by the Community Redevelopment Agency of
the City of Clearwater (CRA), for a purchase price of$525,000 and total expenditures not
to exceed $530,000; and authorize the appropriate officials to execute same, together
with all other instruments required to affect closing. (consent)
On April 7, 2021, the City and the CRA jointly published in the Tampa Bay
Times, their intention to dispose certain city-owned property at 704 Court Street
and 710 Court Street, and the CRA owned parcel at 701 Franklin Street, and
invited proposals to redevelop or rehabilitate the Property.
The full Purchase Price has been reached through mutual agreement of The
City of Clearwater City Council and the CRA Board of Trustees and is based on
the CRA's $525,000.00 acquisition cost of the subject 701 Franklin St. property
in August 2019.
Other notable terms:
- The City will have up to 60 days to conduct due diligence.
- Closing will occur within 120 days of the effective date but may close
sooner.
- It is the intent of the Parties that the CRA and the City enter into a
Revocable License Agreement upon closing, allowing the CRA to
remain in occupancy of the Property.
Acquisition Costs:
Purchase Price $525,000.
Closing Costs $5,000
TOTAL $530,000
APPROPRIATION CODE AND AMOUNT:
A midyear budget amendment will increase non-departmental cost code
0107010-560300, land development, recognizing an allocation from General
Fund reserves.
USE OF RESERVE FUNDS:
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Council Work Session Meeting Minutes May 17, 2021
Funding for this purchase will be provided by a midyear budget amendment
allocating General Fund reserves in the amount of$530,000. Inclusive of this
item if approved, a net total of$2,226,540 of General Fund reserves has been
appropriated by Council to fund expenditures in the 2020/21 operating budget.
The remaining balance in General Fund reserves after the 8.5% reserve is
approximately $33.5 million, or 22.1% of the current General Fund operating
budget.
In response to a question, the City Attorney said the demolition of the
existing PSTA site will be negotiated.
6.2 Declare three parcels of certain real property in Section 15, Township 29 South, Range
15 East, located at 704 Court St., 710 Court St. and 701 Franklin St., in Clearwater,
Florida, as surplus for the purpose of conveying the three parcels to the Pinellas Suncoast
Transit Authority (PSTA) in exchange for a parcel owned by the PSTA located at the
northwest corner of South Garden Avenue and Pierce Street, Clearwater, Florida, in
order to effectuate PSTA's construction of a new Multimodal Transit Facility. (APH)
The City is the owner of two of the three parcels to be conveyed to the PSTA,
more particularly described as:
Parcel 1: 704 Court St.-Tax Assessor Parcel Number:
15/29/15/54450/011/0020.
A part of Lots 2, 3, 8 and 9, Block 11, MAGNOLIA PARK, as recorded in
Plat Book 3, Page 43, of the Public Records of Pinellas County, Florida,
described as follows:
From the Southwest corner of said Block 11, run thence East, 73.45 feet
for the Point of Beginning; thence run N 0 deg. 15'12" E, 314.34 feet to
the South right-of-way line of Franklin Street also being the North line of
said Block 11; thence S89 deg 58'00" E, along said North line of Block
11, 58.82 feet; thence S 0 deg 52'44" E, 314.34 feet to the North
right-of-way line of Court Street also being the South line of said Block
11; thence West, along said South line of Block 11, 65.03 feet to the
Point of Beginning.
Parcel 2: 710 Court St.-Tax Assessor Parcel Number:
15-29-15-54450-011-0030
Parcel 1
Lot 3, less the West four feet (4'); and all of Lots 4, 5, 6, and 7; and Lot
8, less the West four feet (4'), of Block 8, MAGNOLIA PARK, according
to the plat thereof as recorded in Plat Book 3, Page 43, of the Public
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Records of Pinellas County, Florida.
AND
Parcel 2
Lot 3 lying Easterly of Railroad right-of-way and Lots 4, 5, 6, and 7 and
that portion of Lot 8, lying Easterly of the Seaboard Airline Railroad spur
in Block 11, MAGNOLIA PARK, according to the plat thereof as recorded
in Plat Book 3, Page 43, Public Records of Pinellas County, Florida.
Together with those portions of Lots 3 and 8, Block 11 described as:
From the Northwest corner of Block 11, MAGNOLIA PARK, as recorded
in Plat Book 3, Page 43, Public Records of Pinellas County, Florida,
thence South 89016'00" East, on an assumed bearing, along the North
line of said block, 152.50 feet for a Point of Beginning; thence South
00°10'44" East, 194.38 feet; thence by a curve to the left, radius 804.52
feet, arc 120.45 feet, chord South 04028'05" East, 120.34 feet to the
Northerly right-of-way line of Olive Street; thence North 89017'30" West,
along said right-of-way line 24.00 feet; thence North 00°10'44" West,
314.38 feet to the North line of said block; thence South 89016'00" East,
along said North line 15.00 feet to the Point of Beginning.
Said portions of Lots 3 and 8, Block 11 also being described as follows:
That portion of Lots 3 and 8, Block 11, MAGNOLIA PARK, according to
the plat thereof as recorded in Plat Book 3, Page 43, Public Records of
Pinellas County, Florida, which lies East of the East line of the land
described in deed recorded in Official Records Book 10345, Page 2252,
of said public records, being situate, lying and being in the County of
Pinellas, State of Florida.
Of even date herewith, and as a prerequisite to this declaration, the City Council
has approved that certain Contract for Purchase of Real Property by the City of
Clearwater (Contract) between the City of Clearwater and the Community
Redevelopment Agency of the City of Clearwater, Florida (CRA), for the sale
and purchase of the third parcel (which is currently owned by the CRA), more
particularly described as:
Parcel 3: 701 Franklin St.-Tax Assessor Parcel
Num ber:15/29/15/54450/011/0010
A part of Lots 1, 2, 9 and 10, Block "11", Magnolia Park, as recorded in
Plat Book 3, Page 43 of the Public Records of Pinellas County, Florida,
described as follows:
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Council Work Session Meeting Minutes May 17, 2021
From the Southwest corner of said Block "11", run thence East, 15.0 ft;
thence run N 0 deg. 42'00" W, parallel with and 15.0 ft. East of the East
right of way line of East Avenue, 129.0 ft. for the Point of Beginning;
thence continue N 0 deg. 42'00" W, along said line, 185.40 ft. to the
South right of way line of Franklin Street, also being the North line of said
Block "11"; thence S 89 deg. 58'00" E, along said North line of Block
"11", 63.68 ft.; thence S. 0 deg. 1512" W, 185.16 ft.; thence S 89 deg.
49'30" W, 60.60 ft. to the Point of Beginning.
Parcel 1, located at 704 Court St. is approximately 0.43 acres of vacant land,
acquired by the City on 10/27/2011 at the purchase price of$475,000.00 for the
long-range purpose of acquiring a strategically located parcel well suited for
transit and/or government purposes.
Parcel 2, located at 710 Court St. is approximately 0.94 acres of vacant land,
acquired by the City on 8/26/2011 at the purchase price of$1,950,000.00 for the
long-range purpose of acquiring a strategically located parcel well suited for
transit and/or government purposes.
Parcel 3, located at 701 Franklin St. is approximately 0.26 acres in size with a
5,600 SF warehouse located thereon. The parcel was acquired by the CRA on
08/05/2019 at the purchase price of$525,000.00 for the purpose of acquiring a
strategically located parcel to assemble with the adjacent City owned parcels
for future transit or governmental purposes.
This declaration of surplus shall apply to the subject parcels as the City's
interest may appear as of this date, vested or equitable, and bind said parcels
upon title vesting in the City at such time as the City closes on Parcel 3.
The appraised value of the combined three parcels as determined by James
Millspaugh & Associates, Inc., is $3,600,000.00 and by Tobias Realty Advisors,
is $3,300,000.00.
The following excerpts, taken from the City of Clearwater Planning
Department's Downtown Development Plan, support an intermodal transit
facility in downtown Clearwater.
• Objective 2J: Pursue a premium transit system between Downtown,
Clearwater Beach, Tampa International Airport, and St. Pete/Clearwater
International Airport.
• Objective 2D: Maintain and improve the Pinellas Trail as both a
recreational amenity and as a unique opportunity for economic
development. Enhance Trail connectivity from the Downtown to the
waterfront and Beach. Promote Downtown Clearwater as a destination
accessible by the Pinellas Trail.
• Policy 10: The CRA may evaluate participating with the private sector in
land assembly to facilitate projects consistent with this Plan.
• Table 4.4: Coordinate with all transportation service providers on
infrastructure and program improvements including the water taxi,
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trolley, bus system, rail, elevated transit, bike share and others.
• Table 4.5: Work with the County to create a comprehensive transit plan.
City management has reviewed and support declaring the three parcels
surplus.
6.3 Accept a utility easement from CRP/WP Alta Clearwater Owner, L.L.C. for the
construction, installation and maintenance of city utility facilities on real property located at
19320 U.S. Hwy. 19 N. and adopt Resolution 21-20.
The Utility Easement will allow the city rights for construction, installation and
maintenance of utility facilities as the site is developed for Alta Clearwater
Apartments.
The City Engineering Department recommends acceptance of the easement.
6.4 Authorize a purchase order to Cardno Inc., of Riverview, FL for the maintenance of
city-owned lakes, ponds, wetlands, and mitigation sites in the annual not-to-exceed
amount of$178,054.50 with three one-year renewal options pursuant to Request for
Proposal (RFP) 22-21, Aquatic Sites Invasive Species Maintenance and authorize the
appropriate officials to execute same. (consent)
The Environmental Division of the Engineering Department sought proposals
RFP 22-21 for the continued control of nuisance and exotic plant species in and
around ponds, lakes, mitigation, and wetlands sites owned by the City.
Seven proposals were evaluated by a committee comprised of representatives
from the Environmental Division, Parks and Beautification, and Stormwater
Maintenance. Proposal evaluations were based on technical ability, cost, and
experience. Cardno Inc. was selected during the evaluation meeting.
The contract will be effective June 1, 2021, for an initial one-year period at
$178,054.50 with three one -year renewal options at the City's discretion.
To cover unforeseen circumstances, including native plantings, water quality
testing, or additional sites, a 15% contingency is included in the contract.
APPROPRIATION CODE AND AMOUNT:
4191365-530300
Budgeted funds for FY21 are available in Stormwaters' cost center
4191365-530300, Other Contractual Services. Future year funding will be
included in department budget proposals.
In response to questions, Lead Environmental Specialist Sarah Kessler said
gabions are metal baskets that are used to stabilize a channel with narrow
areas of erosion, the baskets allow water to flow and stops the erosion. She
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said Parks and Recreation staff do a great job of educating citizens while
they are on site for clean ups. Residents don't contribute to the invasive
species found.
6.5 Approve Construction Manager at Risk (CMAR) proposal from Biltmore Construction of
Belleair, FL, for the Wayfinding Signs Program Phase 1 (19-0016-EN) at the guaranteed
maximum price of$995,826.00 and authorize the appropriate officials to execute same.
(consent)
The preparation and installation of a wayfinding program was identified as a
strategy in the U.S. 19 Corridor Redevelopment Plan. In August 2015, the
Planning and Development Department issued a Request for Qualifications for
environmental graphic and design services to develop a wayfinding and signage
master plan for the Corridor. On January 29, 2016, MERJE, a nationally
recognized firm with extensive community wayfinding experience, was awarded
a contract to develop such plan. Key objectives of the plan were to:
• strengthen the City's brand identity
• identify key destinations
• help drivers better navigate and direct pedestrians, bicyclists and transit
users in the area.
On December 16, 2016, the contract with MERJE was extended to include
design of a city-wide wayfinding program.
On September 17, 2020, Council approved the use of Construction Manager at
Risk (CMAR) Services for Continuing Contracts with Biltmore Construction Co.;
Certus Builders; J. Kokolakis Contracting; J.O. DeLotto & Sons; Keystone
Excavators; Khors Construction; Ajax Building Company; Allstate Construction;
Bandes Construction Company; Creative Contractors; Johnson-Laux
Construction; The A.D. Morgan Corporation; and Walbridge Aldinger for a period
of four years.
These firms were selected in accordance with Florida Statutes 255.103 and
287.055 under RFQ #40-20 based upon construction experience, financial
capability, availability of qualified staff, local knowledge, and involvement in the
community.
With completion of the program design, Biltmore Construction of Belleair, FL
was engaged under the existing Construction Manager at Risk agreement for
preconstruction, bidding, and construction services for the implementation of
Phase One of the wayfinding program.
Biltmore will coordinate and procure the required State and County permits,
fabrication of the signs, and installation of Phase One of the wayfinding
program.
Construction is anticipated to be completed within 168 days of the issuance of
Notice to Proceed.
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Traffic Operations will maintain the signage.
APPROPRIATION CODE AND AMOUNT:
3157549-530300-92842 $995,826
A mid-year budget amendment will transfer $100,000 of Gas Fund revenues
from project 96384, Gas System Pinellas Building, and $500,000 in County TIF
revenues from project R2006, Infrastructure-County, to project 92842, US19
Wayfinding, to fund this proposal.
In response to questions, Planning and Development Director Gina Clayton
said a public engagement process was not implemented for the area outside
on the US 19 district, as staff believed it made sense to have a citywide
system. The wayfinding signs are contemplated for major arterials or major
community facilities or destinations, not neighborhood parks.
6.6 Approve the First Amendment to the Ground Lease Agreement with Renewal Options
(First Amendment) between the City of Clearwater and Jolley Trolley Transportation of
Clearwater, Inc. for the ground lease of city-owned property located at 1720 Overbrook
Avenue and authorize the appropriate officials to execute same. (consent)
The City of Clearwater (Lessor) and Jolley Trolley Transportation of Clearwater,
Inc. (Jolley Trolley or Lessee) entered into that certain Ground Lease Agreement
with Renewal Options dated January 23, 2020 (Lease Agreement). The Lease
agreement between Lessee and Lessor provides Jolley Trolley a new site to
build a complex for their general business practices and parking of their trolleys
that supports public transportation on Clearwater Beach and locations
throughout Pinellas County.
The Lease Agreement requires the Lessee to commence vertical construction
within 18 months from the January 23, 2020 Lease Agreement Effective Date
(Effective Date). The Lessee has diligently worked to commence construction
by the current deadline, but the Lessee has experienced considerable delays in
commencing the construction partially due to the COVID-19 pandemic.
This First Amendment to the Lease Agreement amends a portion of Section 6
of the Lease Agreement to include the following: 1) extends the period to
commence vertical construction from 18 months to 30 months from the
Effective Date; and 2) extends the requirement to complete construction of the
Improvements and obtain a Certificate of Occupancy to 36 months from 24
months from the Effective Date. The Lessor's right to terminate the Lease for
Lessee's failure to meet these timeframes is correspondingly extended to
commence on the last day of these timeframes.
All other terms and conditions of the Lease Agreement shall remain in full force
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Council Work Session Meeting Minutes May 17, 2021
and effect.
6.7 Award a construction contract to Gibbs and Register Inc of Winter Garden, FL, per
Invitation to Bid (ITB) 16-0003-EN and 19-0026-EN for Cleveland Street Streetscaping
Phase 3 and Gateway Festival Core in the amount of$15,215,742.30; approve a
professional services agreement and work order to GAI Consultants, Inc, of Tampa, FL,
per Request for Qualifications (RFQ) 13-21 in the amount of$481,030; approve a Duke
Energy proposal pursuant to Clearwater Code of Ordinances Section 2.564 (1)(b), Sole
Source, in the amount of$258,299.36 and authorize the appropriate officials to execute
same. (consent)
Phase III of the streetscape program will extend from Missouri Avenue to San
Remo Avenue to the east. In addition, the streetscape will include Gulf-to-Bay
Boulevard from its intersection with Cleveland Street to the Downtown Gateway
at Court Street to the south. This phase of the Cleveland Street Streetscape
efforts will provide the final piece for a unified, cohesive, pedestrian-friendly
corridor from the Gateway to the Downtown waterfront.
On April 6, 2017, City Council approved a work order to Bellomo Herbert, for
design of above ground streetscape features associated with Cleveland
Streetscape Phase III in the amount of$217,520.00. Minimal underground work
was included.
On October 5, 2018, City Manager approved Supplemental 1 work order for
review of design plans showing the streetscape improvements to determine
level of effort required to design a complete roadway and utility reconstruction
project, in the amount of$11,400.
During the design process it became apparent that the roadway needed a full
reconstruction due to irregular cross sections and drainage issues, along with
the full replacement of the potable and sanitary systems that are nearing the
end of their useful life.
Bellomo Herbert and Company was purchased by GAI Consultants and are now
combined as one firm. The Supplemental 2 work order for design of a biddable
plan set that includes all streetscape features, road reconstruction and utility
replacement for a new work order value of$656,475 was approved by council
on February 7, 2019.
On February 3, 2021, Engineering issued ITB 16-0003-EN and 19-0026-EN for
Cleveland Street Streetscape Phase 3 and Gateway Festival Core which closed
on March 12, 2021. Two bids were received and Gibbs and Register, Inc. was
the lowest responsible bidder in accordance with plans and specifications.
Engineer of Record (EOR) GAI Consultants Inc evaluated the bids and
recommend awarding the contract to Gibbs and Register Inc.
On December 23, 2020, RFQ 13-21 was issued seeking an engineering firm to
provide construction administration, engineering, oversight, and closeout
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services associated with the Cleveland Street Streetscaping Phase 3 and
Festival Core (16-0003-EN & 19-0026-EN). The RFQ selection committee,
consisting of representatives from the CRA and Engineering departments, met
after independent review to discuss their ranking of the firm that submitted
qualifications. The selection committee selected GAI Consultants, Inc. to
perform the work. This new agreement and $481,030 work order cover the
construction administration for the two combined projects.
Duke Energy will replace necessary streetlights within project boundaries
pursuant to Clearwater Code of Ordinances Section 2.564 (1)(b), Sole Source,
in the amount of$258,299.36.
The project is estimated to take
APPROPRIATION CODE AND AMOUNT:
3157579-563800-C2103 $4,813,570.63
3197539-563800-C2103 $5,092,108.22
3277327-563800-C2103 $4,382,268.45
3157552-563800-C2105 $ 500,000.00
3157552-563800-C2105 $ 427,795.00 (FY22)
3157579-530100-C2103 $ 181,510.07
3197539-530100-C2103 $ 160,982.97
3277327-530100-C2103 $ 138,536.96
3157579-563800-C2103 $ 258,299.36
A midyear budget amendment will establish the capital improvement project
C2103, Downtown Streetscaping, and transfers of$5,090,794.41 of penny
revenue and $1,000,000 of City TIF revenues from ENGF180001, Downtown
Streetscaping; $5,253,091.19 of stormwater revenue from ENST180005,
Coastal Basin; and utility renewal & replacement revenues of$2,673,404.82
from 96722, Water Line Relocation; $876,276.63 from 96784, Reclaimed
Distribution System; and $971,123.96 from 96634, Sanitary Utility Relocation.
A midyear budget amendment will establish capital project 315-C2105, Mercado
- Downtown Gateway, recognizing a transfer of$500,000 in TIF revenues from
CRA project R2004, Economic Development-County. Remaining funding of
$437,795 will be included in the CRA budget request for fiscal year 2021/2022 to
be transferred next fiscal year.
In response to questions, Senior Landscape Architect Catherine Corcoran
said there will be no pavers and parallel parking will be provided. The CRA
will communicate the plan with stakeholders and explain how the project will
impact them. She said some Medjools will be planted to provide an aesthetic
continuity.
6.8 Award a construction contract to TLC Diversified Inc., of Palmetto, FL, for Invitation to Bid
(ITB) 09-0024-UT Marshall Street Water Reclamation Facility (MS WRF) Digester
Demolition, in the amount of$1,599,400; approve Supplemental Two Work Order with
Engineer of Record (EOR) Ardurra Group Inc., in the amount of$100,629.40 increasing
the work order from $137,170 to $237,799.40; and authorize the appropriate officials to
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execute same. (consent)
The MS WRF Digester Demolition project involves the demolition, removal, and
disposal of the existing digester at the MS WRF. The work includes disposal of
the liquids and solids contents of the digester, demolition and disposal of the
digester structure, and restoration of the ground surface.
Engineering issued ITB 09-0024-UT, which closed on April 16, 2021. TLC
Diversified Inc. was the lowest responsible bid received in accordance with the
plans and specifications. EOR Ardurra Group Inc. evaluated the bids and
recommends awarding the contract to TLC Diversified Inc.
On November 7, 2013, the City Manager approved a $84,978 initial work order
to EOR Ardurra Group Inc. for design, permitting, bidding, and construction
services for the demolition of the digester at the Marshall Street WRF.
During the design effort, existing conditions were discovered that led to the
requirement of extensive plan revisions. The cost of performing this work
depleted a large quantity of the initial work order budget intended for
construction services.
On November 1, 2018, City Council awarded a $960,575.83 construction
contract to GHD Services Inc. of Tampa, FL, and approved a $52,192
Supplemental One Work Order to the EOR, increasing the construction
engineering and inspection services budget.
During the project effort, it became evident that GHD did not have the capability
to complete the project. The project team believed it was in the City's best
interest to terminate the contract with GHD and rebid the project with more
defined conditions. On November 1, 2019, the City Manager approved
cancellation of the construction contract with GHD.
Supplemental 2 Work Order is for increased engineering and inspection
services during construction in the amount of$100,629.40, for a new work order
value of$237,799.40.
Construction duration is 150 calendar days after issuance of Notice to Proceed.
The City of Clearwater's Public Utilities Department owns, operates, and
maintains the Marshall Street WRF.
APPROPRIATION CODE AND AMOUNT:
3217321-560600-96213 $1,599,400.00
3217321-561300-96213 $ 100,629.40
Funding is available in Capital Improvement Project 96213, Marshall Street
Upgrade to fund the contract and work order.
7. Planning
7.1 Provide direction on a proposed two-tier approval process for allocating the Public
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Council Work Session Meeting Minutes May 17, 2021
Amenities Incentive Pool in the Downtown. (WSO)
As directed by City Council, Planning and Development Department staff have
been exploring ways to incentivize higher density/intensity development in the
Downtown in accordance with increases recently authorized by Forward
Pinellas. As such, staff is seeking direction from City Council on an option to
establish a two-tier approach to allocating units and floor area from the existing
Public Amenities Incentive Pool to promote redevelopment in the Downtown.
Planning Manager Christine Fisher provided PowerPoint presentation.
Discussion ensued with support expressed to pursue the proposed 2-tier
approval process.
7.2 Approve the annexation, initial Future Land Use Map designation of Residential Low (RL)
and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District
for 1770 St. Croix Drive, and pass Ordinances 9448-21, 9449-21, and 9450-21 on first
reading. (ANX2021-02003)
This voluntary annexation petition involves a 0.152-acre property consisting of
one parcel of land occupied by a single-family dwelling. The property is located
on the west side of St. Croix Drive approximately 985 feet north of SR 590. The
applicant is requesting annexation in order to receive solid waste service from
the City. The property is located within an enclave and is contiguous to existing
city boundaries to the east and west. It is proposed that the property be
assigned a Future Land Use Map designation of Residential Low (RL) and a
Zoning Atlas designation of Low Medium Density Residential (LMDR).
The Planning and Development Department determined that the proposed
annexation is consistent with the provisions of Community Development Code
Section 4-604.E as follows:
• The property currently receives water service from Pinellas County.
Sewer service is not readily available to the applicant's property.
Collection of solid waste will be provided by the City of Clearwater. The
property is located within Police District III and service will be
administered through the district headquarters located at 2851 McMullen
Booth Road. Fire and emergency medical services will be provided to
this property by Station #48 located at 1700 N Belcher Road. The City
has adequate capacity to serve this property with solid waste, police,
fire, and EMS service. The property will continue to receive water
service from Pinellas County. The proposed annexation will not have an
adverse effect on public facilities and their levels of service; and
• The proposed annexation is consistent with and promotes the following
objectives and policy of the Clearwater Comprehensive Plan:
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Objective A.6.4 Due to the built-out character of the City of
Clearwater, compact urban development within the urban
service area shall be promoted through application of the
Clearwater Community Development Code.
Objective A.7.2 Diversify and expand the City's tax base through
the annexation of a variety of land uses located within the
Clearwater Planning Area.
Policy A.7.2.3 Continue to process voluntary annexations for
single-family residential properties upon request.
• The proposed Residential Low (RL) Future Land Use Map category is
consistent with the current Countywide Plan designation of the property.
This designation primarily permits residential uses at a density of 5.0
units per acre. The proposed zoning district to be assigned to the
property is the Low Medium Density Residential (LMDR) District. The
use of the subject property is consistent with the uses allowed in the
District and the property exceeds the District's minimum dimensional
requirements. The proposed annexation is therefore consistent with the
Countywide Plan and the City's Comprehensive Plan and Community
Development Code; and
• The property proposed for annexation is contiguous to existing city
boundaries to the east and west; therefore, the annexation is consistent
with Florida Statutes Chapter 171.044.
7.3 Approve the annexation, initial Future Land Use Map designation of Residential Urban
(RU) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR)
District for 1881 Montclair Road and pass Ordinances 9451-21, 9452-21, and 9453-21
on first reading. (ANX2021-03004)
This voluntary annexation petition involves a 0.642-acre property consisting of
one parcel of land occupied by a single-family dwelling. The property is located
on the southwest corner of Montclair Road and Seton Drive. The applicant is
requesting annexation in order to receive sanitary sewer and solid waste
service from the City. The property is located within an enclave and is
contiguous to existing city boundaries on all sides; therefore, the annexation will
eliminate an enclave. It is proposed that the property be assigned a Future Land
Use Map designation of Residential Urban (RU) and a Zoning Atlas designation
of Low Medium Density Residential (LMDR).
The Planning and Development Department determined that the proposed
annexation is consistent with the provisions of Community Development Code
Section 4-604.E as follows:
• The property currently receives water service from the City of
Clearwater. The closest sanitary sewer line is located in the adjacent
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Council Work Session Meeting Minutes May 17, 2021
Seton Drive right-of-way. The applicant has not paid the City's sewer
impact and assessment fees and is aware that the fees must be paid in
full prior to connection and of the additional costs to extend city sewer
service to this property. Collection of solid waste will be provided by the
City of Clearwater. The property is located within Police District III and
service will be administered through the district headquarters located at
2851 N McMullen Booth Road. Fire and emergency medical services will
be provided to this property by Station #48 located at 1700 N Belcher
Road. The City has adequate capacity to serve this property with
sanitary sewer, solid waste, police, fire, and EMS service. The proposed
annexation will not have an adverse effect on public facilities and their
levels of service; and
• The proposed annexation is consistent with and promotes the following
objectives and policy of the Clearwater Comprehensive Plan:
Objective A.6.4 Due to the built-out character of the City of
Clearwater, compact urban development within the urban
service area shall be promoted through application of the
Clearwater Community Development Code.
Objective A.7.2 Diversify and expand the City's tax base through
the annexation of a variety of land uses located within the
Clearwater Planning Area.
Policy A.7.2.3 Continue to process voluntary annexations for
single-family residential properties upon request.
• The proposed Residential Urban (RU) Future Land Use Map category is
consistent with the current Countywide Plan designation of the property.
This designation primarily permits residential uses at a density of 7.5
units per acre. The proposed zoning district to be assigned to the
property is the Low Medium Density Residential (LMDR) District. The
use of the subject property is consistent with the uses allowed in the
District and the property exceeds the District's minimum dimensional
requirements. The proposed annexation is therefore consistent with the
Countywide Plan and the City's Comprehensive Plan and Community
Development Code; and
• The property proposed for annexation is contiguous to existing city
boundaries on all sides; therefore, the annexation is consistent with
Florida Statutes Chapter 171.044.
In response to a question, Senior Planner Kyle Brotherton said if city sewer
is available, the unincorporated property owner has the option to annex into
the city to connect to city sewer. The City Attorney said the City cannot
compel the property owner to connect to city services.
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8. Marine & Aviation
8.1 Approve Clearwater Airpark 2020 Master Plan Update. (consent)
City Council approved the current Airpark Master Plan in September 2000. The
Florida of Transportation (FDOT) provided 80% of the $100,000 fee associated
with this 2020 Master Plan Update also known as the Airport Layout Plan (ALP).
This Plan examines existing facilities and projects future needs upon forecasts
of aircraft operations. The goal is to provide the City with a flexible plan for future
development over the next 20 years in accordance with design standards
established and approved by the Federal Aviation Administration (FAA) and the
FDOT. A total of 24 Capital Improvement Projects (CIP) have been identified,
which are all programmed within this 20-year plan. Approval of this Master Plan
Update by City Council makes all the projects identified eligible for grant
consideration. It is important to note that only the City has the authority to
advance projects identified in this plan. Project's moving forward will be only
those which are deemed to in the best interest of the Airpark and City of
Clearwater residents, with the understanding that not all projects in the plan will
be realized.
In response to questions, Marine and Aviation Director Ed Chesney said
AECOM consultants provided the Airpark Advisory Board a presentation to
seek input. Where the portable trailers at the existing terminal building will be
moved has yet to be determined. The master plan does not consider
expanding the airpark, but rather preserving the land.
8.2 Approve a License Agreement for the Clearwater Marine Aquarium (CMA) Island Estates
(IE) Slips and authorize the appropriate officials to execute same. (consent)
During construction of the recent CMA expansion, IE slips 1-20 maintained by
Marine & Aviation (M&A) were taken out of service and placed under CMA
control. These slips fell within the footprint of their restricted construction area.
The CMA pays the city approximately $3,400.00 a month in slip rent for these IE
slips. With the construction now completed, CMA is ready to give control and
responsibility of these slips back to the city. These IE slips are in need of major
repairs by the city and CMA is proposing features and modifications that the city
would not normally install at this facility. M&A supports the CMA proposal and
proposed improvements to this facility in lieu of traditional slip rent. Figure 1
shows IE slips 1-43 that surround the CMA facility along with several easement
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Council Work Session Meeting Minutes May 17, 2021
areas granted to the city, while Figure 2 shows the expanded CMA facility in
relationship to the slips.
9. Public Utilities
9.1 Authorize a purchase order to ICON Supply, Inc., dba ICON Technologies of Tampa, FL
for Yaskawa Variable Frequency Drives in an annual not-to-exceed amount of
$200,000.00 with the option for two, one-year renewals at the City's discretion pursuant to
Invitation to Bid #21-21, Yaskawa Variable Frequency Drives and authorize the
appropriate officials to execute same. (consent)
Invitation to Bid (ITB) #21-21, Yaskawa Variable Frequency Drives was issued
on March 23, 2021. One bid was received and was considered responsive to
the requirements set forth in the solicitation. ICON Technologies represents the
lowest responsive, responsible bidder in accordance with the bid specifications
for Yaskawa Variable Frequency Drives for the supply, installation, preventative
maintenance, and emergency repair services of Yaskawa Variable Frequency
Drives for the Public Utilities Department on an as-needed basis.
Yaskawa Variable Frequency Drives (VFDs) are installed throughout the Public
Utilities water and wastewater system at multiple plants and lift stations. Since
2015, as old units break down or near the end of service life, the City has been
working on replacing, maintaining, and installing additional units on an
as-needed basis. These VFDs are used to control essential motor and pump
speeds to meet optimum conditions and to reduce and/or eliminate electrical
waste thereby reducing maintenance requirements, energy consumption, and
cost of operation.
The initial contract period will be May 21, 2021 through May 20, 2022, with the
option for two, one-year renewal terms.
APPROPRIATION CODE AND AMOUNT:
Budgeted funds for FY21 are available in Public Utilities' cost centers, cost code
550400 Operating Supplies and 546200 Repairs & Svc-Other Equip.
Funding for future fiscal years (FY22 through FY24) will be requested within
contract calendar and spending limits.
In response to a question, Public Utilities Director Rich Gardner said there
was only one respondent because there is only one authorized vendor in the
state of Florida.
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10. Solid Waste
10.1Approve a purchase order to NRC Gulf Environmental Services, Inc., of Fort Worth, TX, to
pump, transfer and dispose leachate from the Solid Waste Transfer Station in the annual
not-to-exceed amount of$175,000 with two, one-year renewal options at City's discretion
pursuant to Invitation to Bid (ITB) No. 31-21, Pump, Transport and Dispose of Leachate
and authorize the appropriate officials to execute same. (consent)
On March 15, 2021, Procurement Issued ITB 31-21, Pump, Transport and
Dispose of Leachate and two responsive and responsible bids were received.
NRC Gulf Environmental Services, Inc., was the lowest responsive and
responsible bidder in accordance with the bid specifications.
The Florida Department of Environmental Protection (FDEP) requires all liquid
waste (Leachate) created at the City of Clearwater Transfer Station to be
collected in a closed system. The leachate flows from the Transfer Station's
tipping floor and the Transfer Station's Truck Tunnel into a holding tank. The
holding tank requires regular pumping and the leachate requires proper disposal
at a FDEP registered processing facility. The contract purchase order with NRC
Gulf Environmental Services, Inc., of Fort Worth, TX, enables the City of
Clearwater to comply with FDEP at the lowest qualified price.
APPROPRIATION CODE AND AMOUNT:
Funds are available as part of the FY 2020/2021 operating budget of the Solid
Waste Fund and have also been anticipated and included in the proposed FY
2021/2022 operating budget of the Solid Waste Fund.
Funds are available in cost code 4242084-530300 to fund this contract (Solid
Waste Fund - Transfer Station).
10.2Approve a Debris Management Contract with Crowder Gulf Joint Venture, Inc of Mobile,
AL for disaster debris collection, reduction, and removal services and authorize the
appropriate officials to execute same. (consent)
Procurement issued Request for Proposal (RFP) 35-20, Disaster Debris
Removal and Disposal Services, for a contractor to perform removal and
disposal services in the event of a major disaster. On June 10, 2020, the City
received fifteen responses. An evaluation committee consisting of Clearwater
Fire & Rescue and Solid Waste employees chose Crowder Gulf Joint Venture,
Inc, as the primary vendor to perform these services.
It is in the public interest to provide for the expedient removal of storm debris
within the corporate limits of the City plus recovery Technical Assistance to the
appointed and elected officials resulting from a natural or manmade event. The
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Council Work Session Meeting Minutes May 17, 2021
availability of experienced prime debris contractors may be severely limited after
an event, and this contractor has the experience, equipment, manpower,
permits and licenses to perform all related debris management services
Approval of this pre-event contract with Crowder Gulf Joint Venture will optimize
the recovery efforts for the City of Clearwater in the event of a natural or
manmade event.
APPROPRIATION CODE AND AMOUNT:
No funds will be necessary to enter into this agreement.
Given the uncertainty as to the extent of funds required for payment to the
vendor, a separate agenda item will be brought forth once an estimate can be
made.
11. Legal
11.1Authorize the City of Clearwater to join the State of Florida and other local governmental
units as a participant in the Florida Memorandum of Understanding and Formal
Agreements implementing a Unified Plan and adopt Resolution 21-19.
On February 13, 2018, the City Council authorized hiring Motley Rice, LLC. to
investigate, litigate, or negotiate for settlement, actionable claims that may be
pursued by the City against individuals and entities related to the marketing,
prescribing, distribution, or sale of opioids.
On November 15, 2018, Motley Rice filed a complaint in the Sixth Circuit court
on behalf of the City, naming multiple pharmaceutical companies and
distributors as defendants.
Since then, Motley Rice has been negotiating with distributors and through
bankruptcies filed by several pharmaceutical companies for a settlement to the
matter.
The State of Florida has filed an action pending in Pasco County, Florida,
and a number of Florida Cities and Counties have also filed an action In re:
National Prescription Opiate Litigation, MDL No. 2804 (N.D. Ohio) (the
Opioid Litigation) and the City of Clearwater is a litigating participant in that
action.
The State of Florida and lawyers representing certain various local
governments involved in the Opioid Litigation have proposed a unified plan for
the allocation and use of prospective settlement dollars from opioid related
litigation. Based on the status of this litigation, the likely structure of any
resolution, and the potential litigation risks in the absence of a statewide
agreement, our counsel believes this proposal reflects a reasonable
compromise between the State and its political subdivisions.
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The Florida Memorandum of Understanding (the Florida Plan) sets forth a
framework of a unified plan for the proposed allocation and use of opioid
settlement proceeds. It is anticipated that formal agreements implementing
the Florida Plan will be entered into at a future date. Participation in the
Florida Plan by a large majority of Florida cities and counties will materially
increase the amount of funds to Florida and should improve Florida's relative
bargaining position during additional settlement negotiations.
Under the likely settlement structure for the cases, states and their political
subdivisions are strongly incentivized to reach a joint resolution of all State and
political subdivision claims. Joining with the State and other local government
units means that the state and the political subdivisions will receive a
substantially larger settlement amount if they are all parties to the settlement.
Under this agreement, all settlement funds received by the State of Florida and
its political subdivisions must be utilized for strategies, programming and
services used to expand the availability of treatment for individuals impacted by
substance use disorders (Approved Purposes). A non-exclusive list of potential
abatement programs and uses are included in Exhibits A and B to the
agreement. These uses are intended to best serve the overall purpose and
intention of this litigation, which is to abate the continuing public health crisis of
opioid addiction within our communities.
This Proposal divides all settlement funds between three funds: (1) the
City/County Fund; (2) the Regional Fund; and (3) the State Fund.
The City/County Fund consists of 15% of the total settlement amounts allocable
to the State of Florida. These funds are distributed to all counties and qualifying
municipalities in the State of Florida. The allocation of the City/County Fund
between counties and municipalities is based on a model referred to as the
"Negotiation Class Metrics." This model was developed in the National
Prescription Opiate MDL, and considers: (1) the amount of opioids shipped to
the county; (2) the number of opioid deaths that occurred in that county; and (3)
the number of people who suffer opioid use disorder in that county.
The Regional Fund consists of a sliding scale between 30% and 40% of the
total settlement amounts allocable to the State of Florida, with the largest
percentages occurring in the immediate years after settlement and decreasing
over time. In the case of counties with a population of over 300,000, and which
satisfy other criteria regarding abatement infrastructure, (termed "Qualified
Counties") these funds are provided directly to the county. the definition of
Qualified County requires that the county reach an agreement with at least
some municipalities within the county as to how these funds are spent.
Specifically, they must reach an agreement with a sufficient number of
municipalities such that the aggregate population of municipalities which
consent to the county's use of these funds is more than half the aggregate
population of individuals residing within municipalities in your County.
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The State Fund consists of the remaining 45% to 55% of the total settlement
amounts allocable to the State of Florida, depending on the amount of the
Regional Fund above. As with the City/County Fund and Regional Fund, these
funds must be spent on Approved Purposes.
The State and each local government must report its expenditures to the
Department of Children and Families each year.
This agreement also establishes an Opioid Abatement Taskforce or Council.
The Taskforce or Council includes appointments from municipalities, qualified
counties, and non-qualified counties. The purpose of the Opioid Abatement
Taskforce or Council is to advise the Governor, Legislature, Florida's
Department of Children & Families and Local Governments on priorities that
should be addressed as part of the opioid epidemic and to review how monies
have been spent.
Through the course of negotiating these settlements and this allocation
agreement, outside counsel has sought to create a separate fund for the
payment of attorneys' fees. In this manner, the costs of attorneys' fees are
shared by both litigating and non-litigating entities, rather than paid directly from
the recovery of litigating entities, as provided in the agreement or retainer.
The proposal creates a fee fund of between 0-10% of the City/County fund,
depending on the degree to which litigating local governments choose to
participate in this settlement. Under this proposal, counsel must first attempt to
obtain a legal fee from any national fee fund established as part of any
settlement. If counsel is unable to obtain their full contracted fee from that fund,
counsel may then obtain additional funds from this separate fund. In most
cases, this will result in a substantial reduction in the attorney's fees to counsel
from what is set forth in the agreement or retainer, and will avoid the necessity
of counties and cities paying the higher contingency fee directly from their
recovery.
If we are not able to reach an agreement with the Attorney General's office, this
may threaten the overall allocation of settlement proceeds to the State of Florida
and its local governments. This is because the settlement agreement currently
under negotiation incentivize states and local governments to reach allocation
agreements and penalizes those that do not.
Alternatively, there is a potential litigation risk that in the absence of an agreed
upon allocation plan, the State may seek a declaration that only the State of
Florida, and not its local governments, have standing to bring litigation on behalf
of its citizens, threatening the ability of local governments to pursue their own
lawsuits in this matter.
11.2Adopt Ordinance 9461-21 on second reading, vacating a platted 10-foot utility easement
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Council Work Session Meeting Minutes May 17, 2021
located along the North 10 feet of Lot 18, Cedar Heights, according to the plat thereof as
recorded in Plat Book 81, Page 85, of the public records of Pinellas County, Florida.
11.3Adopt Ordinance 9462-21 on second reading, vacating a platted 5-foot utility easement,
described as the West 5 feet of Lot 7, Block 69, Mandalay, recorded in Plat Book 14,
Pages 32 to 35, of the public records of Pinellas County, Florida.
12. City Manager Verbal Reports — None.
13. City Attorney Verbal Reports — None.
14. Council Discussion Item
14.1 Code Enforcement - Mayor Hibbard
Mayor Hibbard requested consideration to direct additional funds to code
enforcement, as it effects the look of the city and quality of life.
Planning and Development Director Gina Clayton said additional staffing is a
topic for the upcoming strategic meeting. Staff will be presenting cost
estimates for additional FTEs. The Department currently consists of 14
FTEs, but need additional supervisory staff address the time associated with
processing compliance issues.
In response to a comment, the City Attorney said collection on code
enforcement cases is difficult and the City cannot foreclose on homesteaded
property. Commercial properties do not have the same protection and the
City has begun foreclosing on those properties. Ms. Clayton said Council has
adopted a civil citation process, which begins today and will direct cases to
the City instead of the court. Code Enforcement Manager Ken Pieslak said
staff will be using a collection agency for the civil citation process. The City
Attorney said the property owners will be documented but not reported to
credit agencies.
There was council support to provide code enforcement with additional
resources.
14.2Councilmember Advisory Board Attendance - Mayor Hibbard
Mayor Hibbard expressed concerns with councilmembers attending advisory
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Council Work Session Meeting Minutes May 17, 2021
board meetings and making comments. He said the comments may be
mistaken as council directives.
The City Attorney said she has reviewed the advisory board duties and role
as cited in the code, most take direction from the City Council. She said it is
not an area where an individual councilmember has the authority to act. The
Environmental Advisory Board has an objective, with direction coming from
the Council, as whole, and then advising Council. If Council wants more
reporting, Council must provide that direction, not an individual
councilmember. City code provides that each advisory board has a staff
liaison that are appointed by the city manager.
15. 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). — None.
16. Closing Comments by Mayor— None.
17. Adjourn
The meeting adjourned at 11:50 a.m.
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