10/17/2007
CITY COUNCIL MEETING MINUTES
CITY OF CLEARWATER
October 17, 2007
Present: Frank Hibbard Mayor
John Doran Vice-Mayor
Carlen Petersen Councilmember
George N. Cretekos Councilmember
Paul Gibson Councilmember
Also present: William B. Horne II City Manager
Joe Roseto Interim Assistant City Manager
Rod Irwin Assistant City Manager
Pamela K. Akin City Attorney
Cynthia E. Goudeau City Clerk
Brenda Moses Board Reporter
The Mayor called the meeting to order at 6:00 p.m. at City Hall. Rev. Donna
Oberkreser from Central Christian Church offered the invocation. The Mayor led the
Pledge of Allegiance.
To provide continuity for research, items are in agenda order although not
necessarily discussed in that order
.
4. Presentations
4.1 2007 Clearwater Charter Review Committee Report
Jay Polglaze, Chair, presented the committee’s report. The committee is
recommending the following revisions: 1) allow donation of land for affordable housing;
2) allow easements for underground utilities in the Downtown waterfront; 3) increase
council terms to 4 years; 5) provide that those elected take office the next business day
after results are certified; 6) require the council to annually review its salaries; 7) require
the City Manager to prepare an annual report on historic preservation efforts; 8) lengthen
the required Charter Review time to at least every 8 years; 9) set the Canvassing Board
membership as those Councilmembers not appearing on the ballot and allow for citizen
members when necessary to achieve 3 members; 10) change the meeting time for the
canvassing board to be in keeping with state law and 11) eliminate the requirement for a
referendum to approve revenue bonds in excess of $1,000,000.
4.2 Clearwater Veterans’ Appreciation Day – November 4, 2007
4.3 Jazz Holiday – October 18 – 22, 2007
4.4 Proclamation – City Government Week – October 21 – 27, 2007
5. Approval of Minutes
5.1 Approve the minutes of the October 4, 2007 City Council Meeting as submitted in
written summation by the City Clerk.
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Councilmember Petersen moved to approve the minutes of the regular meeting
of October 4, 2007, meeting as submitted in written summation by the City Clerk. The
motioncarried
was duly seconded and unanimously.
6. Citizens to be Heard re Items Not on the Agenda
Elizabeth Drayer expressed concern with direction of redevelopment in the City;
thanked Council for the opportunity to serve on Charter Review Committee.
Dorothy Stanley opposed the proposed roundabout at the intersection of Grove
and Lake drives.
Staff was directed to verify petition signatures and addresses and request
Skycrest Homeowners Association to provide feedback.
Greg Pound (Stewart Israel) expressed concern regarding Department of
Children and Families removing children from homes.
Public Hearings - Not before 6:00 PM
7. Administrative Public Hearings
7.1 Declare as surplus and convey to Florida Power Corporation d/b/a Progress
Energy Florida, Inc., a perpetual blanket Distribution Easement over and across a
portion of City-owned Chi Chi Rodriguez Youth Foundation Lease lands lying within the
West ½ of the Southwest ¼ of Section 21, Township 28 South, Range 16 East, in
consideration of the mutual benefits, covenants and conditions contained in said
easement documentation.
The City leases lands to the Chi Chi Youth Foundation ("Foundation") for the
purposes of operating environmental/vocational, educational and rehabilitative programs
for young people, along with operating a public golf course and driving range that
provide opportunity for the young people to meet and socialize with members of the
community at large.
Since its inception, the Foundation has partnered with the Pinellas County
School Board to provide alternative programming and a middle school at the golf course
for its young people.
The School Board recently expanded school facilities with installation of
additional portable classroom space to house a greater number of students.
Conveyance of the subject easement documents Progress Energy's authority
lying 5-feet either side of all its facilities to install, operate and maintain such facilities for
the distribution of electric energy and communications services wherever installed, or as
may be installed and relocated within the easement area in the future.
Councilmember Cretekos moved to declare as surplus and convey to Florida
Power Corporation d/b/a Progress Energy Florida, Inc., a perpetual blanket Distribution
Easement over and across a portion of City-owned Chi Chi Rodriguez Youth Foundation
Lease lands lying within the West ½ of the Southwest ¼ of Section 21, Township 28
Council 2007-10-17 2
South, Range 16 East, in consideration of the mutual benefits, covenants and conditions
motion
contained in said easement documentation. The was duly seconded and
carried
unanimously.
7.2 Approve the Annexation, Initial Land Use Plan Designation of Residential Low
(RL) and Initial Zoning Atlas Designation of Low Medium Density Residential (LMDR)
District consisting of a portion of 2965 Sunset Point Road (consisting of a portion of
metes and bounds 14/153 in Section 5, Township 29 South, Range 16 East); and Pass
Ordinances 7877-07, 7878-07, and 7879-07 on first reading. (ANX2007-08020)
This voluntary annexation petition involves a 0.10-acre property consisting of a
portion of one parcel of land, which is occupied by a single-family dwelling. It is located
on the south side of Sunset Point Road, approximately 325 feet west of the intersection
of Sunset Point Road and Abbey Lake Road. The subject parcel is currently under
County jurisdiction. The applicants are requesting this annexation in order to consolidate
all of their property into one parcel under City jurisdiction. The property is located within
an enclave. It is proposed that the property be assigned a Future Land Use Plan
designation of Residential Low (RL) and a zoning category of Low Medium Density
Residential (LMDR).
The Planning Department determined that the proposed annexation is consistent
with the provisions of Community Development Code Section 4-604.E and Pinellas
County Ordinance 00-63 as follows:
The subject property is served by City of Clearwater sanitary sewer service and
water. Collection of solid waste is already provided by the City. The property is located
within Police District III and service will be administered through the station located at
2851 N. McMullen-Booth Road. Fire and emergency medical services will be provided
to this property by Station #50 located at 2681 Countryside Boulevard. 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. The proposed annexation is consistent with and
promotes the following objective of the Clearwater Comprehensive Plan:
Objective 2.4: Compact urban development within the urban service area shall
be promoted through application of the Clearwater Development Code.
The proposed RL Future Land Use Plan category is consistent with the current
Countywide Plan designation of this property. This designation primarily permits
residential uses at a density of 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 as it is part
of a larger parcel adjacent to the east. The proposed annexation is therefore consistent
with the Countywide Plan, City’s Comprehensive Plan and Community Development
Code.
The property proposed for annexation is located within an enclave, is contiguous,
and is within the City’s urban service area; therefore the annexation is consistent with
Section 6(1)(b) of Pinellas County Ordinance 00-63 which governs annexation and
meets the applicable requirements of Florida Statutes 171. The Pinellas Planning
Council (PPC) staff has reviewed this annexation and no objections were raised.
Council 2007-10-17 3
Councilmember Gibson moved to approve the Annexation, Initial Land Use Plan
Designation of Residential Low (RL) and Initial Zoning Atlas Designation of Low Medium
Density Residential (LMDR) District consisting of a portion of 2965 Sunset Point Road
(consisting of a portion of metes and bounds 14/153 in Section 5, Township 29 South,
motioncarried
Range 16 East). The was duly seconded and unanimously.
Ordinance 7877-07 was presented for first reading and read by title only.
Councilmember Petersen moved to pass Ordinance 7877-07 on first reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard.
"Nays": None.
Ordinance 7878-07 was presented for first reading and read by title only.
Councilmember Doran moved to pass Ordinance 7878-07 on first reading. The motion
was duly seconded and upon roll call, the vote was:
"Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard.
"Nays": None.
Ordinance 7879-07 was presented for first reading and read by title only.
Councilmember Cretekos moved to pass Ordinance 7879-07 on first reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard.
"Nays": None.
7.3 Approve the Annexation, Initial Land Use Plan Designation of Residential Urban
(RU) and Initial Zoning Atlas Designation of Low Medium Density Residential (LMDR)
District for 3151 Johns Parkway (Lots 11 and 12, Johns Parkway Subdivision in Section
16, Township 29 South, Range 16 East); and Pass Ordinances 7880-07, 7881-07 and
7882-07 on first reading. (ANX2007-08021)
This voluntary annexation petition involves a 0.447-acre property consisting of
one parcel of land occupied by a single-family dwelling. It is located on the south side of
Johns Parkway, approximately 140 feet west of Bayshore Boulevard. The applicant is
requesting this annexation in order to receive sanitary sewer and solid waste service
from the City. The Planning Department is requesting that the 0.075-acre of abutting
Johns Parkway right-of-way not currently within the City limits also be annexed. The
property is an enclave and is contiguous to existing City boundaries to the north, south,
east and west. It is proposed that the property be assigned a Future Land Use Plan
designation of Residential Urban (RU) and a zoning category of Low Medium Density
Residential (LMDR).
The Planning Department determined that the proposed annexation is consistent
with the provisions of Community Development Code Section 4-604.E and Pinellas
County Ordinance 00-63 as follows:
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The closest sanitary sewer line is located in the adjacent Johns Parkway right-of-
way and a previous owner has paid the City's sewer impact and assessment fees and
extended 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 North McMullen-
Booth Road. Fire and emergency medical services will be provided to this property by
Station 49 located at 565 Sky Harbor Drive. 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 objective
of the Clearwater Comprehensive Plan:
Objective 2.4: Compact urban development within the urban service area shall
be promoted through application of the Clearwater Development Code.
The proposed RU Future Land Use Plan category is consistent with the current
Countywide Plan designation of this 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, City’s Comprehensive Plan
and Community Development Code; and
The property proposed for annexation is an enclave, is contiguous to existing
municipal boundaries and is within the City’s urban service area; therefore the
annexation is consistent with Section 6(1)(b) of Pinellas County Ordinance 00-63 which
governs annexation and meets the applicable requirements of Florida Statutes 171.
The Pinellas Planning Council (PPC) staff has reviewed this annexation and no
objections were raised.
Councilmember Petersen moved to Approve the Annexation, Initial Land Use
Plan Designation of Residential Urban (RU) and Initial Zoning Atlas Designation of Low
Medium Density Residential (LMDR) District for 3151 Johns Parkway (Lots 11 and 12,
Johns Parkway Subdivision in Section 16, Township 29 South, Range 16 East). The
motioncarried
was duly seconded and unanimously.
Ordinance 7880-07 was presented for first reading and read by title only.
Councilmember Doran moved to pass Ordinance 7880-07 on first reading. The motion
was duly seconded and upon roll call, the vote was:
"Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard.
"Nays": None.
Council 2007-10-17 5
Ordinance 7881-07 was presented for first reading and read by title only.
Councilmember Cretekos moved to pass Ordinance 7881-07 on first reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard.
"Nays": None.
Ordinance 7882-07 was presented for first reading and read by title only.
Councilmember Gibson moved to pass Ordinance 7882-07 on first reading. The motion
was duly seconded and upon roll call, the vote was:
"Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard.
"Nays": None.
7.4 Approve an amended Development Agreement between Triangle Old Bay
Holdings, LLC, (the property owner) and the City of Clearwater (previously DVA 2006-
00001 approved by City Council on February 15, 2007) to modify the effective date of
the agreement, and the provisions of the phasing schedule, as well as add language
pertaining to a proposed site plan modification (FLD2007-07025), and adopt Resolution
07-21.
The subject property is 5.18 acres (including 0.2 acre located within the
Preservation (P) Future Land Use Plan category that does not generate density). It is
generally located on the west side of North Fort Harrison Avenue and bounded by Jones
Street to the south, Georgia Street to the north and Clearwater Harbor to the west.
On September 18, 2007, CDB (the Community Development Board) approved a
Flexible Development application (FLD2007-07025) to amend the previously approved
FLD2006-05030 (CDB approved on November 21, 2006) for the construction of a mixed-
use development consisting of 358 attached dwellings (84.43 units/acre) and 13,235
square-feet of non-residential floor area (0.5 F.A.R.). With this approval the CDB
approved the use of 109 attached dwellings and 13,235 square-feet of non-residential
floor area from the Public Amenities Incentive Pool of the Clearwater Downtown
Redevelopment Plan in exchange for substantial contributions to the Master
Streetscaping and Wayfinding Plan along North Fort Harrison Avenue, Osceola Avenue,
Jones Street and Georgia Street as well as their intersections (valued at approximately
$3 million). Further, the development itself is a mixed-use project that will further the
Plan’s major redevelopment goals and character district vision.
The proposed Development Agreement will amend the previously approved
Development Agreement as follows:
Amends Section 6.1.3.1 to modify the number of dwelling units being constructed
and pulled from the Public Amenities Incentive Pool in each of the three phases:
Amends Section 6.1.3.1 to add a new paragraph stating that if the Developer
sells combined units in any of the three towers, thereby reducing the unit count in the
towers, the Developer would not lose entitlements to those units, but would instead be
Council 2007-10-17 6
able to use those units in Harrison Village, subject to a revision to the approved Flexible
Development application;
Amends Section 6.1.3.2 by correctly stating that the building height to the highest
point of the finished flat roof surface of the two buildings comprising Harrison Village
shall not exceed 48 feet above the mean site elevation for the Harrison Village site;
Amends Section 6.1.3.7 to modify the timeline for the implementation of
streetscape improvements along the west side of Osceola Avenue;
Adds Section 6.1.6 [first paragraph], which clarifies the construction of the
parking garage across the project phasing and provides language identifying that
sufficient parking will be provided to meet parking requirements for each phase of the
development;
Adds Section 6.1.6 [second paragraph], which provides language stating that if a
construction hiatus of more than 60 days occurs, the developer shall install and maintain
landscaping improvements and limited temporary architectural façade improvements
across the northern face of the parking structure which obscures at least 75% of the
view of vehicles and the interior of the parking structure from street level; and that in the
event the subsequent phase does not start on schedule as per Exhibit “E”, then
developer shall fully finish the façade of the northern face of the parking structure.
Deletes Section 6.2.2, which referenced the consideration of a right-of-way
vacation that has now already occurred;
Adds Section 14, which states that the previous Exhibits “B”, “C”, “D”, “D-1”, “D-
2”, “D-3”, “E”, “E-1”, “E-2”, “E-3”, and “H” have been replaced with new Exhibits of the
same names and purposes. It is noted that Exhibit “E”, which is the Phasing Schedule
had been modified to provide for a new commencement date of December 31, 2008 and
a new completion date of December 31, 2016;
Adds Section 25, which states that in the event the City Council approves a
proposed amendment to the existing ordinance (Ordinance 7769-07) vacating a portion
of the existing Osceola Avenue between Jones Street and Georgia Street, the Developer
shall have the option of temporarily finishing Osceola Avenue to the standards specified
in said ordinance amendment prior to Phase 1. Once the Developer has completed
Osceola Avenue to these standards and has had the work accepted as complete by the
City, the City would release Developer’s Letter of Credit posted in compliance with the
ordinance; and
Adds Section 26, which provides language pertaining to the provision of public
art in compliance with the City’s Public Art Ordinance and in keeping with the project
phasing.
The proposal is in compliance with the standards for development agreements, is
consistent with the Comprehensive Plan and furthers the vision of downtown
redevelopment set forth in the Clearwater Downtown Redevelopment Plan.
The CDB reviewed this Development Agreement at its public hearing on
September 18, 2007, and unanimously recommended approval.
Council 2007-10-17 7
In response to questions, Thomas Coates, Triangle Development, said Tower 2
sits upon the raised garage. At each phase, the garage will look like a finished building.
Concern was expressed regarding extending the completion date of the project.
Ron Pollack, representative, said although the start date would be extended, the
project will continue as scheduled. He said more time is needed for the pre-sales
process.
Councilmember Petersen moved to approve an amended Development
Agreement between Triangle Old Bay Holdings, LLC, (the property owner) and the City
of Clearwater (previously DVA 2006-00001 approved by City Council on February 15,
2007) to modify the effective date of the agreement, and the provisions of the phasing
schedule, as well as add language pertaining to a proposed site plan modification
motioncarried
(FLD2007-07025). The was duly seconded and unanimously.
Resolution 07-21 was presented and read by title only. Councilmember Doran
moved to pass and adopt Resolution 07-21 and authorize the appropriate officials to
execute same. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard.
"Nays": None.
7.5 Amend Section 8-102 relating to fractional ownership and similar uses of
residentially zoned property and overnight accommodations and pass Ordinance 7884-
07 on first reading.
This Ordinance amends the Definitions Section of the Community Development
Code, Section 8-102, by adding a definition of "fractional ownership" and revising certain
other definitions to clarify that fractional ownership, interval ownership, and timesharing
units are not permitted uses for residentially zoned property, and to clarify that "overnight
accommodations" includes lodging offered to membership groups and members of
associations in addition to the public at large.
In response to a question, Assistant City Attorney Leslie Dougall-Sides said staff
is reviewing the definition of “family” and will bring it back to Council at a later date.
Councilmember Cretekos moved to amend Section 8-102 relating to fractional
ownership and similar uses of residentially zoned property and overnight
motion carried
accommodations. The was duly seconded and unanimously.
Ordinance 7884-07 was presented for first reading and read by title only.
Councilmember Gibson moved to pass Ordinance 7884-07 on first reading. The motion
was duly seconded and upon roll call, the vote was:
"Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard.
"Nays": None.
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7.6 Approve amendments to the Clearwater Comprehensive Plan related to school
concurrency and establishing the new Public School Facilities Element and pass
Ordinance 7870-07 on first reading.
In 2005, the State of Florida Legislature adopted Senate Bill 360 that mandated
Pinellas County along with the City of Clearwater and eleven other local governments to
enter into an Interlocal Agreement with the Pinellas County School Board to establish
concurrency for public school facilities, primarily to ensure that the school districts would
be able to handle additional students as a result of requests for increased densities in
developments.
The Interlocal Agreement was approved by the City Council on December 14,
2006, signed and then later executed by Pinellas County on April 25, 2007 (following
receipt of signatures from all of the affected municipalities). Pinellas County submitted
the agreement to the State Department of Community Affairs (DCA) and DCA issued a
notice of intent to find it consistent with the minimum requirements of State Statutes on
June 12, 2007.
This Agreement highlighted the effective collaboration between the affected local
governments within Pinellas County and the School Board. The collaboration efforts
involved two groups: (1) the Pinellas County Schools Collaborative, made up of elected
officials from Pinellas County, twelve municipalities including Clearwater, and the School
Board, and (2) the School Planning Workgroup, consisting of staff from each affected
local government, the School District and the Pinellas Planning Council.
To form the basis for implementing school concurrency, the State bill also
required the development and adoption of a Public School Facilities Element (PSFE) to
be added to the comprehensive plans for these communities.
The Planning Workgroup agreed to create a model PSFE that each local
government would adopt. Additionally, the group agreed to create a countywide tracking
system for development, as governed by the Element, to ensure that public school
facilities would not be adversely affected by additional development and redevelopment.
The Workgroup and the Pinellas Schools Collaborative met numerous times to
develop the Model Element that was approved by the Collaborative on June 6, 2007,
making it ready to be used in the preparation for local ordinances. Both groups will
continue to work together on a model school concurrency system for tracking purposes
along with a procedures manual.
The Planning Department has used the model element to prepare the proposed
ordinance. The four main goals of the element are:
Goal - to provide all students in the Pinellas County School District the availability
of high quality public educational facilities through partnerships, effective collaboration
and shared commitment to educational excellence among local governments and the
District.
Goal - the City shall coordinate with its partner local governments and the School
District on projects that encourage cohesive neighborhoods, contribute to community
building and provide for long-term sustainability.
Council 2007-10-17 9
Goal - the City will coordinate with the School District and other local
governments to improve the safety of students as they access public school facilities.
Goal – to maximize opportunities for public schools to be designed in a manner
that they can serve a vital emergency management purpose in times of disaster.
The Department has determined that the proposed amendments are consistent
with other provisions of the Clearwater Comprehensive Plan, will not adversely impact
the use of property, will adversely affect neither the natural environment nor public
facilities.
The Community Development Board reviewed the amendments at its public
hearing on Sept. 18, 2007 and unanimously recommended approval.
Because these are text amendments to the Comprehensive Plan, review and
approval by the Florida Department of Community Affairs is required. The City’s
deadline to adopt the ordinance is March 1, 2008.
Councilmember Petersen moved to approve amendments to the Clearwater
Comprehensive Plan related to school concurrency and establishing the new Public
motioncarried
School Facilities Element. The was duly seconded and unanimously.
Ordinance 7870-07 was presented for first reading and read by title only.
Councilmember Cretekos moved to pass Ordinance 7870-07 on first reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard.
"Nays": None.
8. Second Readings - Public Hearing
8.1 Adopt Ordinance 7883-07 on second reading, amending Ordinance 7769-07,
which vacated a portion of Section 9, Township 29 South, Range 15 East, being a part
of the existing right-of-way of Osceola Avenue and a portion of an alley lying north of
Lots 2 and 3 of Jones Subdivision of Nicholson’s Addition to Clearwater Harbor; three
drainage and utility easements and one ingress/egress easement; amending the
conditions and requirements as described.
Ordinance 7883-07 was presented for second reading and read by title only.
Councilmember Gibson moved to pass and adopt Ordinance 7883-07 on second and
final reading. The motion was duly seconded and upon roll call, the vote was:
“Ayes”: Doran, Petersen, Cretekos, Gibson, and Hibbard.
“Nays”: None.
City Manager Reports
9. Consent Agenda
– Approved as submitted.
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9.1 Accept the EPA Brownfields assessment grant award dated September 11, 2007
in the amount of $400,000 (EPA grant #BF-96486307-0)and authorize the appropriate
officials to execute same. (consent)
9.2 Award a contract to Northeast II, Inc. DBA: TC Specialties, of Tampa, FL in the
amount of $380,000.00 (estimated) from November 1, 2007 through October 31, 2008
for mail processing services and postage for the City of Clearwater and the appropriate
officials be authorized to execute same. (consent)
9.3 Extend a contract with Angelos Aggregate Materials Ltd., Largo, FL, in the
amount of $860,000 for the disposal of Construction and Demolition debris, Brush and
Yard Waste and Class III waste for the period November 1, 2007 through December 31,
2008 and authorize the appropriate officials to execute the same. (consent)
9.4 Approve a Contract (Blanket Purchase Order) for $160,000 to Fleet Products,
Inc. of Tampa, FL for the purchase of Replacement Parts for all City Vehicles and
authorize the appropriate officials to execute same. (consent)
9.5 Approve Change Order 1 to the 2007 Street Resurfacing Contract (07-0011-EN)
to R.E. Purcell Construction Company, Inc. of Largo, FL increasing the contract amount
by $369,971.80 for a new contract total of $2,526,551.66, approve a time extension of
30 days and authorize the appropriate officials to execute same. (consent)
9.6 Approve Change Order 1 to TLC Diversified, Inc. of Palmetto, FL for the Marshall
Street Influent Pump Station Rehabilitation Project in the amount of $397,151.70, of
which $346,316.70 is to ratify and confirm the City Manager's decision to proceed with
emergency work needed to repair a broken sewer main and increase the safety factor to
prevent additional sewer overflows; and $50,835.00 consists of additional new work
which is impractical to bid as the contractor is already on site, for a new contract total of
$1,077,831.70, approve a time extension of 150 days and authorize the appropriate
officials to execute same. (consent)
9.7 Award contracts to Concrete Conservation, Inc. of Jacksonville, FL, in the
amount of $103,000 for Sanitary Manhole Rehabilitation, Reynolds Inliner of Clearwater,
FL in the amount of $565,600 for Sanitary Sewer Cleaning and Televising Inspection,
Insituform Tech, Inc. of Dover, FL in the amount of $206,000 for Sanitary Sewer
Rehabilitation, and Rowland Inc. of Pinellas Park, FL in the amount of $616,500 for
Sanitary Sewer and Force Main Emergency Repair which are the lowest responsible
bids received in accordance with the plans and specifications of the 2007 Sanitary
Sewer and Manhole Rehabilitation Project (#07-015-UT)and authorize the appropriate
officials to execute same. (consent)
9.8 Accept a blanket Water Main and Utility Easement over, across and under a
portion of PINELLAS GROVES, situate in the Southeast 1/4 of Section 12, Township 29
South, Range 15 East as conveyed by Robert N. Lynch, as Bishop of the Diocese of St.
Petersburg, in consideration of receipt of $1.00 and the benefits to be derived therefrom.
(consent)
Council 2007-10-17 11
9.9 Approve Downtown Boat Slips Work Order Amendment 2, to Engineer of Record
Wade Trim in the amount of $51,847.00 for a total of $369,024.50 and establish the
2008 Improvement Revenue Bond Construction project Downtown Boat Slips. (consent)
9.10 Accept a Water Main and Hydrant Easement over, across and under a portion of
the Northwest 1/4 of the Southwest 1/4 of Section 18, Township 29 South, Range 16
East (Gulf-to-Bay Plaza) conveyed by Ellis and Co., LLLP, a Florida limited liability
limited partnership ("Grantor"), given in consideration of receipt of $1.00 and the benefits
to be derived therefrom. (consent)
9.11 Approve offering Lots 11 to 16, inclusive, Block 2, LAKE BELLEVIEW
ADDITION, for sale for minimum bid amount of $172,000 by Invitation For Bid 43-07,
amending motion approved April 19, 2007 authorizing sale of said lots for minimum bid
amount of $270,000. (consent)
9.12 Award a contract for the cleaning and inspection of the secondary digester at the
Northeast APCF (06-0057-UT) to American Process Group of Spruce Grove, Alberta,
Canada, in the amount of $378,520.54 which is the lowest responsible bid in accordance
with the plans and specifications and authorize the appropriate officials to execute same.
(consent)
9.13 Approve the final plat for HIGHLAND AVENUE SHOPPING CENTER located at
1815 North Highland Avenue, at the Northeast corner of Highland Avenue and Greenlea
Street. (consent)
9.14 Accept a perpetual Sidewalk & Utilities Easement over, across and under an
1852 square foot portion of Lot 1, CLEARWATER MALL, PHASE II conveyed by
Clearwater Mall, LLC, a Florida limited liability company, given in consideration of receipt
of $1.00 and the benefits to be derived therefrom. (consent)
9.15 Accept a perpetual Water Main Easement over, across and under a 4712 square
foot portion of Block B and a vacated 60-foot right-of-way for Florida Avenue, SUBURB
BEAUTIFUL, and a Sanitary Sewer Easement over, across and under a 3685 square
foot portion of Block A and said vacated Florida Avenue right-of-way, SUBURB
BEAUTIFUL, both as conveyed by Boos-Gulf-to-Bay and Keene, LLC, a Florida limited
liability company, given in consideration of receipt of $1.00 and the benefits to be
derived therefrom. (consent)
9.16 Approve submitting a local bill to address needed changes in the Firemen's
(Firefighter's) Pension Plan, for the 2008 State Legislative Session.
9.17 Authorize instituting a civil action against Antonne Gordon and U Save Auto
Rental of America, Inc., a foreign corporation, to recover $3,715.88 for damage to City
property. (consent)
Councilmember Doran moved to approve the Consent Agenda as submitted, and
motion
that the appropriate officials be authorized to execute same. The was duly
carried
seconded and unanimously.
10. Other items on City Manager Reports
Council 2007-10-17 12
10.1 Endorse the Model Livable Communities Comprehensive Plan Objectives and
Policies recommended by the Pinellas County Metropolitan Planning Organization and
adopt Resolution 07-31.
In December 2006, the Metropolitan Planning Organization (MPO) authorized the
development of livable communities model comprehensive plan policies. Livable
communities policies integrate land use and transportation planning, as well as site and
street design to create and sustain livable urban environments. Its concepts are often
associated with smart growth, new urbanism, traditional town planning, etc.
The MPO retained the Renaissance Planning Group (RPG) to work with the
Livable Communities Task Force and the Technical Coordinating Committee (TCC) of
the MPO to develop model policies Pinellas County local governments could use to
create a framework for livable communities strategies. Their work focused on local
government evaluation and appraisal report (EAR) and comprehensive plan policies
related to livable communities concepts, as well as best practices throughout Florida.
The goals, objectives and policies developed through the study focus on improving the
quality of life in Pinellas County by creating walkable areas by mixing land uses,
providing housing opportunities in close proximity to places of employment, providing
transit and incorporating pedestrian-friendly design features in development proposals
and public improvements.
The City of Clearwater has incorporated many livable communities concepts in
the Clearwater Downtown Redevelopment Plan Design Guidelines and the Marina
District provisions of Beach by Design. The concepts in the MPO model element can
provide further guidance in creating the policy framework to address several key issues
of local concern identified in the City’s Evaluation and Appraisal Report including the
citywide redevelopment strategy, community character and affordable housing.
Councilmember Petersen moved to endorse the Model Livable Communities
Comprehensive Plan Objectives and Policies recommended by the Pinellas County
motioncarried
Metropolitan Planning Organization. The was duly seconded and
unanimously.
Resolution 07-31 was presented and read by title only. Councilmember Doran
moved to pass and adopt Resolution 07-31 and authorize the appropriate officials to
execute same. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard.
"Nays": None.
10.2 Approve the Marina five-year business plan for FY 2008 through FY 2012,
including increasing slip fees to market rates, charging slip fees by square footage rather
than linear foot for recreational slips, charging commercial tenants for slip location in the
marina, decreasing the amount of discount on fuel sales, and amending the dock permit
to reflect slips revert back to the City if tenant sells vessel.
The Clearwater Municipal Marina is an enterprise fund of the City of Clearwater,
as such it is required to operate both efficiently and effectively to generate those
revenues needed in excess of expenses to be not only self sustaining but to build
Council 2007-10-17 13
reserves sufficient to offset or at least minimize borrowing funds for future development
or future replacement. Current projections for Fiscal year 2007 indicate a deficit of
($175,000) with increasing shortfalls in future years without reversing its current trend.
Revenues must exceed expenses, and costs must be controlled.
The intent of this business plan is to provide a 5-year plan for the Municipal
Marina in order to improve its financial performance. By City Code Sec. 33.028, the City
Manager is authorized to approve vessel slip rent increases up to 10% annually, based
on surveys of rates charged by other municipal marinas. Any proposals to raise rates in
excess of 10% require approval of City Council.
Current 5-year projections without changes to the operations of the Marina,
shows steadily declining results of operations and would allow for little improvements to
the infrastructure. Losses are projected to range from approximately $300,000 in FY
2008 to nearly $450,000 in FY 2012. By meeting the goals of the proposed business
plan, the results of operations will be improved to a loss of $123,000 in FY 2008 to a
gain of nearly $500,000 in FY 2012, with increased emphasis on capital improvements.
In order to improve the financial status of the Marina operation, the business plan
sets forth goals, objectives and strategies to be implemented in FY 2008. To reach
these goals, staff respectfully requests that City Council approve: 1) Incremental
increases as submitted to reach average market rate for private residential, non-
residential and commercial rates; 2) Direct staff to prepare an amendment to Sec.
33.028 of Code of Ordinances to include market surveys of all local area marinas, not
just municipal marinas when comparing rates; 3) Charge slip fees by the square-foot for
recreational slips, rather than the linear foot; 4) Charge commercial slips for location in
the Marina; 5) Increase marketing and advertisement toward transient recreational
boaters; 6) Maintain control over City slips by amending the dock permit to reflect the
slip does not go along with the sale of any vessel and reverts back to the City for the
next person on the waiting list; and 7) Decrease the amount of discount on fuel sales.
1 and 2. - Incremental increases to reach average market rate.
Resident Rates
This 5-year plan includes incremental increases in slip rent for residents at the
following percentages. It should be noted that in 2012, the slip rent for private residents
will be $14.84 per foot per month and that is still below the rate of the downtown boat
slips.
All Slip rents were increased 10% June 1, 2007.
FY 2008 – 15%
FY 2009 – 25%
FY 2010 – 25%
FY 2011 – 25%
FY 2012 – 25%
Non-resident rates
Council 2007-10-17 14
The rate for non-residents will increase on a different scale. Using the same
scale, non-residents would pay almost triple the rate that residents would pay.
FY 2008 – 15%
FY 2009 – 25%
FY 2010 – equal the downtown rate of $15.75 per foot
FY 2011 – raised .25 cents to $16.00 per foot
FY 2012 – raised .25 cents to $16.25 per foot
The rate of commercial rates already incorporate a premium over recreational
rates and will increase on a different scale:
FY2008 – 15%
FY2009 – 25%
FY2010 – 25%
FY2011 – 10%
FY2012 – 10%
3. Charge slip fees by the square footage rather than the linear foot.
Boats are being built wider and taking up more space from side to side as well as
being built longer. In order to get fair revenue for the space being used, it would be
prudent to calculate slip fees for recreational boats by square-foot rather than linear foot.
4. Charge commercial slips for location in the marina
The preferred locations in the Marina are the slips along Coronado Drive and
those renting those slips should pay a premium over the lower visibility areas of the
Marina.
5. Increase marketing and advertisement toward transient recreational boaters.
Increasing the number of transient slip nights has the ability to generate
significant additional revenues without impacting our current tenants.
6. Maintain control over City slips by amending the dock permit to reflect the slip
does not go along with the sale of any vessel and reverts back to the City for the
next person on the waiting list.
The current transfer fee policy doesn’t generate any revenue to the City because
most tenants have been grandfathered out of the policy and the policy itself eliminates
most transfer fee payments. In addition, the ability to transfer slips when a boat is sold
puts additional value on the assets owned by the tenants. There is very little movement
on the waiting list due to the ability to “sell” the occupancy of the slip with the boat. As
an alternative to the proposed change, if the existing transfer policy was changed to
require the transfer fee in all instances of transfer of ownership, the Marina would be
able to generate revenues and the value of the slip would benefit the City, in addition to
the owner of the boat.
7. Decrease the amount of discount on fuel sales.
Council 2007-10-17 15
Currently the marina offers discounts to all marina commercial tenants, private
“recreational” tenants and large volume transients. The discounts are:
$.05 off for any boater receiving 500 or more gallons of diesel;
$.14 off for any of the private tenants receiving any amount of fuel;
$.27 off for any of the commercial tenants receiving any amount of fuel.
In FY 2006, a total of 300,431 gallons of gasoline were sold and 67% of total
sales received a discount. A total of 692,421 gallons of diesel were sold and 98% of
total sales received a discount. A one-penny decrease of the discount on diesel sales
will generate $6,924 increase in revenues. A seven-cent decrease will generate
$48,469.47 in revenues.
Proposed discount for commercial tenants: Rather than raising the profit margin,
decreasing the amount of discount would achieve the same end result of increasing
revenues from fuel sales:
Drop the $.05 discount for 500 or more gallons of diesel to any boater
Provide a $.10 discount for the private tenants of the marina.
Provide a $.20 discount for the commercial tenants of the marina.
Continue to conduct surveys of other marinas to determine an ultimate price to
charge for fuel.
In February 2007 a survey of fuel prices was conducted with 27 marinas on the
west coast of Florida. The average retail diesel price was $2.45 per gallon. Clearwater
was selling diesel for $2.22 per gallon before discounts. There were only three marinas
with diesel at a less expensive rate.
The average retail gas price was $2.81 per gallon. Clearwater was selling
gasoline at $2.59 per gallon before discounts. Again, only three marinas were at a less
expensive rate on gasoline.
At their meeting of October 10, 2007, the MAB (Marine Advisory Board)
unanimously accepted the Marina Business Plan as submitted, including rate increases
as proposed, due to the need to generate adequate revenues for the Marina to be
competitive and to accumulate sufficient revenues to rebuild the facility.
Seven people spoke regarding slip rate increases, expressing concern regarding
the current economic downturn, the impact of construction on the beach and slip transfer
fees.
Marine & Aviation Director Bill Morris reviewed rate comparisons of other
municipal marinas in the area. He said John’s Pass was the most similar to Clearwater.
Finance Director Margie Simmons said in addition to the Airport Operations
Manager’s salary, some of Mr. Morris’ salary is charged to the Clearwater Airpark, as
both perform duties at the Marina and the Airpark. In fiscal year 2006, approximately
$100,000 was charged to the Airpark cost center for work done by Marina employees.
Council 2007-10-17 16
Discussion ensued. Concern was expressed regarding the transfer of slips
remaining in family businesses. It was stated the City has never made the boat slips at
the Marina assignable, as it would involve property interest issues. The Charter requires
a recapture clause in all leases.
Consensus was for staff to develop information on the following changes: reverse
rate increase schedule for commercial slips; subsidize deficit via general fund; bring fuel
rates to market rate; eliminate non-residential commercial slip rates; discontinue
transient boater fuel discount; further study transfer of slips and look at legalities
regarding longer license agreements. This issue will be on a future agenda for
discussion and action.
The meeting recessed from 8:33 to 8:42 p.m.
Miscellaneous Reports and Items
11. City Manager Verbal Reports
11.1 Update on Beach Recreation Center Storage Building design blocking views
The City Manager reported staff has redesigned the storage building and
eliminated the storage area for the Library. He was concerned that its reduced size may
prohibit the ability to gain more storage space in the future. Staff will update the Council
regarding storage space for the Beach Library.
12. Council Discussion Items
12.1 Provide Direction on Charter Review Revisions
Discussion ensued with support for the Charter Review Committee’s
recommendations (see page 1) except for annual review of Council salaries and
requiring an annual report on historic preservation. A one-half acre limitation was set for
property to be donated for affordable housing.
12.2 Grant Process
The City Clerk reported that the council had questioned if all grants should come
to Council prior to staff applying for them.
Discussion ensued and consensus was for the Resource Committee to continue
to review all grant applications and bring those incurring operational costs to Council.
13. Other Council Action
13.1 Approve revisions to Council rules and adopt Resolution 07-32
The City Clerk reported that the revisions to the rules have been drafted based
on direction provided at the October 1, 2007 Work Session.
It was suggested that the last sentence of paragraph one of Rule 12
Breaks/Recesses be deleted.
Council 2007-10-17 17
One person spoke regarding how Council does not follow Robert’s Rules of
Order.
Discussion ensued with comments that Council is codifying the process followed
at Council meetings and it seems to work well. Instead of committees debating issues
that come before Council, the Council serves as its own committee, discussing issues in
a public forum.
Councilmember Cretekos moved to approve the revisions to Council rules as
motioncarried
amended. The was duly seconded and unanimously.
Resolution 07-32 was presented and read by title only. Councilmember Doran
moved to pass and adopt Resolution 07-32 and authorize the appropriate officials to
execute same. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard.
"Nays": None.
13.2 City Attorney Evaluation
AND
13.3 City Manager Evaluation
Councilmembers gave their evaluations of the City Manager and City Attorney,
with positive comments.
Councilmembers reported on events in which they recently participated and
reviewed upcoming events.
Councilmember Cretekos said Mayor Hibbard was invited to New York to
participate in a government conference; thanked Vinny Lecavalier and Tampa Bay
Lightning for $3 million donation to All Children’s Hospital.
Councilmember Petersen was pleased to see wonderful landscaping on
Cleveland Street.
Councilmember Doran reported the courts recently struck down the County
voluntary annexation process – the City will be asked to consider a Charter amendment
or interlocal agreement; a statutory change in the definition of coastal high hazard area –
Council will be asked to consider a policy for the coastal storm area that is more
inclusive regarding zoning and density; commended YWCA for partnership with Police
Department.
Council 2007-10-17 18
Mayor Hibbard encouraged all to see the downtown streetscaping; thanked all
involved in Make a Difference Fishing Tournament; Governing Magazine recognized
Clearwater for its outreach to citizens.
14. Adjourn
The meeting adjourned at 10:23 p.m.
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Council 2007-10-17
19