06/17/2024 Council Work Session Meeting Minutes June 17, 2024
City of Clearwater
Main Library- Council Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
e
Meeting Minutes
Monday, June 17, 2024
1 :30 PM
Main Library - Council Chambers
Council Work Session
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City of Clearwater
Council Work Session Meeting Minutes June 17, 2024
Roll Call
Present 5 - Mayor Bruce Rector, Vice Mayor David Allbritton, Councilmember
Ryan Cotton, Councilmember Michael Mannino, and Councilmember
Lina Teixeira
Also Present: Jennifer Poirrier— City Manager, Michael Delk—Assistant City
Manager, Daniel Slaughter—Assistant City Manager, David Margolis
— 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 Rector
The meeting was called to order at 2:24 p.m.
2. City Manager
2.1 Approve a Temporary Use Agreement (TPU) BOT No. 502369673 between the City of
Clearwater and the Board of Trustees of the Internal Improvement Trust Fund of the State
of Florida, to provide temporary exclusive use of 302 Seminole Street and authorize the
appropriate officials to execute same. (consent)
In 1967, the City of Clearwater constructed boat ramps at 302 Seminole
Street, known as Seminole Docks, with State and Federal financial
support. The boat ramps are now damaged and at the end of their useful
life, resulting in a portion of the facility being closed for safety reasons. In
the course of due diligence to prepare for the repair work, a title issue with
State submerged lands was identified by the Florida Department of
Environmental Protection (FDEP). City staff has been working diligently
with cooperative state officials to resolve the title issue associated with the
property. The State has requested that the City enter into a Temporary Use
Agreement (TPU) to allow repairs to proceed, while city staff continue to
work in collaboration with state officials to resolve the title issue.
There are no direct costs associated with the TPU. The City Council will be
presented with review and approval of the specific construction
expenditures in the near future. The TPU agreement includes an
indemnification clause which is why the agreement must be reviewed and
approved by City Council. The City recently concluded litigation involving a
claim of ownership to a portion of the property at Seminole Docks wherein
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Council Work Session Meeting Minutes June 17, 2024
the City prevailed. This TPU would require the City to indemnify the State
for any claim of injury to, or death of, any person or persons and for loss or
damage to any property arising out of or connected with the City's
occupation and use of these lands.
3. Office of Management and Budget
3.1 Amend the City's fiscal year 2023/24 operating and capital improvement budgets at
mid-year and pass Ordinances 9771-24 and 9772-24 on first reading.
The fiscal year 2023/24 operating and capital improvement budgets were
adopted in October 2023 by ordinances 9714-23 and 9715-23. Section 2.521 of
the City's Code of Ordinances requires the City Manager to prepare a quarterly
report detailing income, expenditure estimates, collections, the explanation of
significant variances, as well as the financial status of all capital improvement
projects.
STRATEGIC PRIORITY:
The budgeting process aligns resource allocation to the advancement of our
community in all five strategic priorities: high performing government, economic
and housing opportunity, community well-being, environmental stewardship,
and superior public service.
4. Finance
4.1 Approve the reallocation of ARPA-related funding including $625,000 previously
allocated to Main Library renovations; the reallocation of$3,000,000 previously allocated
to the North Greenwood CRA; the reallocation of$40,000 of Cultural Affairs Nonprofit
Grant Program funds previously allocated to the Community Service Foundation; and
approve the reallocation of$3,000,000 of General Fund funding from project
ENGF220001, New City Hall, to the North Greenwood CRA.
In August 2022 Council approved the allocation of$22,483,893 in ARPA-related
General Fund budget to various programs and projects. This "ARPA-related"
General Fund budget was available due to the use of the full ARPA allocation
received to fund allowable fiscal 2022 Police Department salaries and wages
under the revenue recovery ARPA program category. The General Fund fiscal
2022 budget savings resulting from the ARPA allocation to Police payroll was
then allocated/expended by Council to various special programs and capital
projects that could now be accomplished due to the revenue recovery. These
are referred to as "ARPA-related" programs and projects.
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ARPA projects and programs must be committed/encumbered by December
31, 2024, and fully expended by December 31, 2026. These same deadlines
are applied to our "ARPA-related" programs and projects.
A total of$625 thousand was allocated to Main Library renovations. Staff has
determined that it is not possible to have this allocation encumbered or
committed by the 12/31/2024 deadline, and is recommending that Council
reallocate the funds as follows:
• An additional $225,338.14 to the ARPA-related project for solar at City
facilities. This increases the allocation to this project to $2,225,338.14.
• An allocation of$50,000 to the new ARPA-related "HB 1365/Pinellas
County" program to assist with a Pinellas County initiative to address
recent State legislative requirements related to unauthorized public
camping and public sleeping.
• An additional allocation of$349,661.86 to the ARPA-related project for
State Street Park improvements. This increases the allocation to this
project to $1,049,661.86.
A total of$3 million was allocated to the North Greenwood CRA. Staff has
determined it is not possible to have this allocation encumbered or committed
by the 12/31/2024 deadline and is requesting approval to reallocate it to the New
City Hall capital project. In conjunction with this Staff is requesting approval to
reallocate $3 million of General Fund funding from the New City Hall capital
project to the North Greenwood CRA to replace the ARPA-related funding.
Finally, $40 thousand of the $1 million in Cultural Affairs Nonprofit Grants was
allocated to the Community Service Foundation for renovation of the Plumb
House per Council action on December 7, 2023. Staff is requesting reallocation
of this $40 thousand to the Clearwater Historical Society for the Plumb House
renovations.
Staff is available to address any questions regarding the requested allocations.
APPROPRIATION CODE AND AMOUNT:
If approved, the following budget amendments will be included at third quarter:
• A budget decrease/transfer of$625,000 of"ARPA-related" funding from
capital project 315-C2211, Main Library Renovation, transferring
$225,338.14 to capital project 315-G2214, ARPA Solar Panels; $50,000
to new special program 181-G2413, HB 1365/Pinellas County; and
$349,661.86 to capital project 315-G2218, ARPA State Street Park
Improvements.
• A budget decrease/transfer of$3,000,000 of"ARPA-related" funding
from special program G2210, ARPA North Greenwood CRA, to capital
project ENGF220001, New City Hall.
• A budget transfer of$3,000,000 of General Fund Revenue to the newly
created North Greenwood CRA special revenue fund (189).
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4.2 Annual Comprehensive Financial Report for Fiscal Year 2023. (WSO)
Presentation of fiscal year 2023 Annual Comprehensive Financial Report by
external auditors.
STRATEGIC PRIORITY:
1.1 - Provide evidence-based measurement tools to continually guide municipal
performance and promote accountable governance.
Carr, Riggs, Ingram Partner John Brielmaier, III provided a PowerPoint
presentation.
5. Gas System
5.1 Accept Clearwater Gas System Fiscal Year 2024 Dividend to the City General Fund
(WSO)
By City Council policy, CGS commits to pay an Annual Dividend of at minimum
$1,700,000 to the City's General Fund. After the City books close for the year,
the Gas System calculates the Annual Adjusted Dividend payment to return half
('/2) of its annual Net Income less bond interest earnings as a dividend to the
City in the following year. CGS' financial performance for Fiscal Year 2023
exceeded its plan; therefore, CGS will actually pay a Fiscal Year 2024 dividend
of$4,345,438, an increase of$2,645,438 above the minimum $1.7M payment to
the City.
Clearwater Gas System Executive Director Brian Langille provided a
PowerPoint presentation.
6. General Services
6.1 Authorize the purchase of vehicles (heavy and light duty) and equipment in the
not-to-exceed amount of$17,575,900.00, pursuant to Clearwater Code of Ordinances
Sections 2.563(1)(c), Piggyback, 2.563(1)(d), Non-competitive purchases, and 2.561(5),
Small Purchases; declare the vehicles and equipment being replaced as surplus and
authorize for disposal at auction or trade-in, whichever is in the best interest of the City,
pursuant to Clearwater Code of Ordinances Sections 2.623(6), (7)(c), (7)(e), and (8);
authorize lease purchase under the City's Master Lease Purchase Agreement or internal
financing via an interfund loan from the Capital Improvement Fund, whichever is deemed
to be in the City's best interest, and authorize the appropriate officials to execute same.
(consent)
The Fleet Division is requesting a consolidated expenditure authorization in the
not-to-exceed amount of$17,575,900.00 for the acquisition of vehicles and
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equipment per attached spreadsheet. New purchases are to replace designated
units due for replacement in FY25, which have reached the end of their useful
and economic life. Factors used to determine the end of useful and economic
life include, but are not limited to age, life to date, mileage/hours of operations,
historical maintenance cost as compared to like vehicles, operating cost per
mile/hour, anticipated and ongoing repairs, and physical condition.
Due to delays in manufacturing, the Fleet Department is requesting to begin the
procurement process for the vehicles and equipment on the FY25 vehicle
purchase/replacement list ahead of the FY25 budget that starts October 1,
2024. In addition to prolonged delays in receiving vehicles and/or equipment, the
order banks for the vehicles are fluid and open and close without notice.
Ordering now will enable Fleet to get orders submitted in advance of other
municipalities who may be ordering later. Finally, the authorization to purchase
helps insulate the City against price increases (will purchase on current quotes)
as there have been substantial increases year after year.
Authorization is requested to piggyback off the following contracts, pursuant to
Clearwater Code 2.563(1)(c):
• Florida Sheriffs Association (FSA), a purchasing cooperative in the State of
Florida
o Contract#FSA23-VEL31.0, Pursuit, Administrative and Other
Vehicles - valid through September 30, 2024.
o Contract#FSA23-VEH21.0, Heavy Trucks - valid through
September 30, 2024.
o Contract#FSA23-EQU21.0, Heavy Equipment - valid through
September 30, 2024.
■ There are anticipated renewals on all contracts.
• Omnia Partners (Omnia), the largest cooperative purchasing
organization for public sector procurement.
o Contract#EV2671-01 Utility, Transportation, and Golf Vehicles
valid through December 31, 2026.
• Sourcewell (formerly NJPA), a purchasing cooperative operating under
legislative authority in the State of Minnesota.
o Contract#060920-NAF, Class 4-8 Chassis with Related
Equipment - valid through August 1, 2024.
o Contract#091521-NAF, Cars, Trucks, Vans, SUVs, Cab
Chassis & Other Vehicles - valid through November 8, 2025
• State of Florida, Department of Management Services, cooperatively
bids requirements of agencies throughout Florida.
o Contract#25100000-23-STC, Motor Vehicles valid through May
16, 2025.
o Contract# 25101600-21-STC, Medium and Heavy Trucks - valid
through September 30, 2026.
o Contract# 25101900-21-STC, Agriculture and Lawn Equipment -
valid through December 31, 2026.
Authorization to add additional piggyback contracts is requested as needed to
ensure the City is receiving the most competitive pricing for vehicles and
equipment which will be monitored by the Procurement Division.
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Authorization to procure optional features not included on the piggyback
contract, as impractical, due to delay in receipt of vehicle and/or equipment,
possible void of warranty for after-market items, manufacturer delay in receiving
parts, etc., pursuant to Clearwater Code of Ordinances Section 2.563(1)(d).
Typically, when procuring optional features through the dealership, these
features are priced below Manufacturer Suggested Retail Price (MSRP). This
will be monitored for compliance by the Procurement Division.
While most of the vehicles and equipment are procured through piggyback
contracts, for those that do not fall under this category, authorization is
requested to procure these vehicles and equipment through competitive quotes
pursuant to Section 2.561(5) Small Purchases, purchases under $50,000.00.
This will be monitored for compliance by the Procurement Division.
Once the new vehicle is road ready (graphics, accessories or upfitting, etc.)
and equipment has been upfitted, appropriate vehicles and equipment
designated for surplus authorization will be transferred to Tampa Machinery
Auction. Tampa Machinery Auction was competitively solicited by Pinellas
County under Contract No. 190-0534-R(JJ) valid through November 17, 2027.
For vehicles with long lead times and limited availability, staff is requesting to
amend the fiscal year 2023/24 capital project budget increasing amounts that
would have been included in fiscal year 2024/25 for motorized equipment
replacement (lease/purchase financing).
For the remaining vehicles and equipment, purchase orders will not be issued
until after the fiscal year 2024/25 budget is approved and next year funding is
available.
APPROPRIATION CODE AND AMOUNT:
A third quarter budget amendment will provide the following increases to capital
projects:
• An increase of$10,419,500 in lease/purchase funding to L1910,
Motorized Equipment Replacement - L/P
• An increase of$1,100,000 in lease/purchase funding to L2301,
Motorized Equipment Purchases - L/P
FUND IMPACTED
010 General Fund 2,352,500 L/P
421 Public Utilities 1,372,000 L/P
423 Gas 359,000 L/P
424 Solid Waste 7,339,000 L/P
426 Recycling 716,000 L/P
432 Marina 200,000 L/P
555 Cust Svc/IT 68,000 L/P
565 Gen Service 513,000 L/P
Total 12,919,500
Penny Funds (94238) 336,000 Cash/CIP
Garage Fund (94233) 162,900 Cash/CIP
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General Fund-Parks Operating 85,500 Cash/Operating
W&S Fund-Public Utilities Operating 31,000 Cash/Operating
Stormwater Fund- Strm CIP (C1908) 2,243,000 Cash/CIP
Public Works (L2301) 471,000 L/P
Public Utilities (L2301) 200,000 L/P
Parks (L2301) 369,000 L/P
Solid Waste Fund (L2301) 758,000 L/P
4,656,400
Grand Total 17,575,900
Total 24-25 VRL Budget 17,575,900
Total 23-24 VRL Budget 10,095,700
Budget Change 24/25 vs 23/24 7,480,220
Budget Increase/Decrease 74%
STRATEGIC PRIORITY:
These purchases help accomplish strategic objective 1.2. Fleet division
operators maintain public infrastructure to deliver effective and efficient services
by optimizing City assets and resources.
In response to questions, Fleet Manager Perry Conzen said many of the
vehicles are being replaced at the same time in an effort to get ahead of the
replacement schedule. The cost for repairs skyrockets the longer the vehicle
is held. He said the replacement schedule is being realigned with industry
standards. Marine and Aviation Director Michael MacDonald said the
department has a tugboat with a crane that is used to push a barge during
dock and seawall repairs. The tugboat is 30 years old and needs to be
replaced. The City Attorney said state law does not allow council to commit
an expenditure of funds in a future year which does not have a budget. To
accomplish this, the proper way to do it is to amend this year's budget. Mr.
Conzen said the agenda item does not include any upgrades to electric or
hybrid vehicles.
6.2 Authorize purchase order(s) to multiple vendors as listed for the maintenance and repair
of city vehicles and equipment in the annual amount of$250,000.00 for a period of one
year with two, one-year renewal options pursuant to Invitation to Bid (ITB) 30-24 and
authorize the appropriate officials to execute same. (consent)
Invitation to Bid (ITB) No. 30-24 Vehicle/Equipment Repair and Maintenance
Services, was issued on March 15, 2024, and the City received multiple
responses on April 18, 2024. The pricing structure was based on hourly rates
and parts and materials mark-up for repair and maintenance service on City
vehicles and equipment to include automobiles, sedans, SUV's, light trucks,
medium trucks, heavy duty trucks, off road vehicles and trailers.
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To ensure continuity of services, request to make multiple awards is requested
as follows:
Automobiles, Sedans, Light
Duty Trucks/SUV's
Category 1: Automobiles/
Sedans
• Blackwater Diesel LLC (Primary)
• Walker Ford (Secondary)
Category 2: Light Duty Truck/SUV Class 1-3 (0-14,000 lbs)
• Blackwater Diesel LLC (Primary)
• Walker Ford (Secondary)
Medium and Heavy Duty Trucks, Construction / Off
Road Equipment and Trailers
Category 1: Medium/Heavy Duty Trucks Class 4-8
(14,0001-33,001 lbs)
• Blackwater Diesel LLC (Primary)
• Tampa Spring Company (Secondary)
• Dynamic Diesel Works (Tertiary)
Category 2: Construction / Off Road
• Blackwater Diesel LLC (Primary)
• Tampa Spring Company (Secondary)
• Dynamic Diesel Works (Tertiary)
Category 3: Walking Floor and Standard Trailer
• Blackwater Diesel LLC (Primary)
• Tampa Spring Company (Secondary)
Work performed under this purchase order will be for overflow work that the
Fleet Division is unable to handle due to volume or time constraints.
APPROPRIATION CODE AND AMOUNT:
Budgeted funds are available in cost center 5666611-546500 (Garage Equip
Repairs):
• FY24 $780,000
• Future fiscal year budgets will include requests for funding
STRATEGIC PRIORITY:
These purchases help accomplish strategic objective 1.2. Fleet division
operators maintain public infrastructure to deliver effective and efficient services
by optimizing City assets and resources.
In response to a concern, the City Manager said staff conducts an analysis
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to determine if a hybrid vehicle is appropriate. Mr. Conzen said staff looks at
the efficiency factor and cost for maintenance moving forward. He said the
vehicle is brought into the fleet to observe actual efficiencies and cost
savings. The organization made a decision to implement hybrid vehicles in
2019.
7. Planning
7.1 Approve a Future Land Use Map Amendment from the Institutional (1) category to the
Commercial General (CG) category for 407 South Saturn Avenue and pass Ordinance
9765-24 on first reading. (LUP2024-02001)
This Future Land Use Map Amendment involves three parcels of land totaling
2.284-acres located on the northeast corner of Gulf to Bay Boulevard and South
Saturn Avenue. The applicant, St. Paul's Lutheran Church, Inc., is requesting to
amend the future land use category of the property from Institutional (1) to
Commercial General (CG). The applicant has indicated that the property will be
used for a future commercial use, but no site plans have been submitted at this
time. A Zoning Atlas Amendment application (REZ2024-02001) is being
processed concurrently with this case.
The subject property is currently occupied with a place of worship (church) and
associated parking. The church has occupied this property since at least 1957,
when the earliest structure, located on the northwest corner of the larger parcel
fronting Gulf to Bay Boulevard, was constructed. The church expanded in 1958
with the construction of the two-story structure east of the original building, and
then with the construction of the third structure currently fronting Gulf to Bay
Boulevard in 1970. These three buildings contain just over 25,000 square feet of
building area.
The existing Institutional (1) category has a maximum density of 12.5 dwelling
units per acre and a maximum floor area ratio (FAR) of 0.65. The proposed
Commercial General (CG) category has a maximum density of 24 units per
acre, a maximum overnight accommodation (hotel) density of 40 units per acre,
and a maximum floor area ratio (FAR) of 0.55. The proposed amendment would
allow the property to have a consistent future land use category of Commercial
General (CG) with the remaining block and surrounding area and allow for the
development of the property with a commercial use, consistent with uses in the
area.
The Planning and Development Department has determined that the proposed
future land use amendment is consistent with the provisions of the Clearwater
Community Development Code as specified below:
• The proposed amendment is consistent with the Comprehensive Plan
and the Countywide Plan Rules.
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• The proposed amendment is compatible with the surrounding properties
and character of the neighborhood.
• Sufficient public facilities are available to serve the property.
• The proposed amendment will not have an adverse impact on the
natural environment.
• The proposed amendment will not have an adverse impact on the use of
property in the immediate area.
The proposed City of Clearwater future land use category of Commercial
General (CG) will necessitate an amendment of the Countywide Plan Map from
the Public/Semi-Public (P/SP) category to the Retail & Sales (R&S) category.
Additionally, the proposed City of Clearwater future land use category of
Commercial General (CG) will also necessitate an amendment to the Land Use
Strategy Map, which is part of the Countywide Rules, to amend a portion of the
property from the Scenic/Noncommercial Corridor, Residential Category to the
Scenic/Noncommercial Corridor, Mixed Use Category.
In accordance with the Countywide Plan Rules, the land use plan amendment is
subject to the approval of Forward Pinellas, in its role as the Pinellas Planning
Council, and the Board of County Commissioners acting as the Countywide
Planning Authority. The application is a small-scale amendment so review and
approval by the Florida Department of Commerce (DOC), formerly known as
the Florida DEO, is not required.
The Community Development Board, in its capacity as the Local Planning
Agency (LPA), reviewed the proposed amendment at its meeting on May 21,
2024, and unanimously recommended approval.
STRATEGIC PRIORITY:
This proposed amendment supports the Community Well-Being goal of the
city's Strategic Plan by providing for targeted revitalization through responsible
development standards.
7.2 Approve a Zoning Atlas Amendment from the Institutional (1) District to the Commercial
(C) District for 407 South Saturn Avenue and pass Ordinance 9766-24 on first reading.
(REZ2024-02001)
This Zoning Atlas Amendment involves two parcels of land totaling a 2.056-acre
portion of a 2.284-acre property on the northeast corner of Gulf to Bay
Boulevard and South Saturn Avenue. The applicant, St. Paul's Lutheran Church,
Inc., is requesting to amend the Zoning Atlas designation of the property from
the Institutional (I) District to the Commercial (C) District. The applicant has
indicated that the property will be used for a future commercial use, but no site
plans have been submitted at this time. A Future Land Use Map Amendment
application (LUP2024-02001) is being processed concurrently with this case.
The subject property is currently occupied with a place of worship (church) and
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associated parking. The church has occupied this property since at least 1957,
when the earliest structure, located on the northwest corner of the larger parcel
fronting Gulf to Bay Boulevard, was constructed. The church expanded in 1958
with the construction of the two-story structure east of the original building, and
then with the construction of the third structure currently fronting Gulf to Bay
Boulevard in 1970. These three buildings contain just over 25,000 square feet of
building area.
The proposed amendment would allow the property to have a consistent zoning
district of Commercial (C) with the remaining block and surrounding area and
allow for the development of the property with a commercial use, consistent
with uses in the area.
The Planning and Development Department has determined that the proposed
Zoning Atlas Amendment is consistent with the provisions of the Community
Development Code as specified below:
• The proposed amendment is consistent with the Comprehensive Plan
and the Community Development Code.
• The proposed amendment is compatible with the surrounding properties
and character of the neighborhood.
• The available uses in the Commercial (C) District are compatible with
the surrounding area.
• The proposed amendment will not adversely impact or unreasonably
affect the use of other property in the area.
• The proposed amendment will not adversely burden public facilities,
including traffic carrying capabilities of streets in an unreasonably or
disproportionate manner, and
• The proposed Commercial (C) District boundaries are appropriately
drawn in regard to location and classification of street, ownership lines,
existing improvements and the natural environment.
The Community Development Board, in its capacity as the Local Planning
Agency (LPA), reviewed the proposed amendment at its meeting on May 21,
2024, and unanimously recommended approval.
STRATEGIC PRIORITY:
This proposed amendment supports the Community Well-Being goal of the
city's Strategic Plan by providing for targeted revitalization through responsible
development standards.
8. Public Utilities
8.1 Award a Purchase Order to Kamminga and Roodvoets, Inc., of Grand Rapids, MI, for
Potable Water Piping Improvements Phase 2, 4, and 5 Project in the amount of
$10,052,886.50 pursuant to Invitation to Bid (ITB) No.23-0011-UT and authorize the
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appropriate officials to execute same. (consent)
On October 18, 2023, Public Utilities issued ITB No. 23-0011-UT, Potable Water
Piping Improvements Phase 2, 4, and 5, which closed on November 30, 2023.,
Kamminga & Roodvoets, Inc., of Grand Rapids, MI was the lowest and only
responsible bid received in accordance with the plans and specifications. After
reviewing the contractor bid, the city's Engineer of Record CHA Consulting, and
Public Utilities recommend awarding the contract to Kamminga & Roodvoets,
Inc. in the amount of$10,052,886,50.
The project is expected to be completed in 24 months.
The City of Clearwater's Public Utilities Department is responsible for owning,
operating, and maintaining the potable water distribution system. This work was
identified in the 2022 Water Master Plan.
APPROPRIATION CODE AND AMOUNT:
A mid-year budget amendment will provide the following transfers:
$6,000,000 from project 3217321-96764, RO Plant Expansion Res #1
$335,000 from project 3217321-96773, Groundwater Replenishment Facility
$2,175,000 from project 3217321-96782, RO Plant at Water Plant#3
$560,000 from 3217321-96213, Marshall Street Upgrades and Improvements
$650,000 from project 3217321-96786, Water System Devices and Equipment,
all transferred to 3217321-96214, East Plant Upgrades/Improvements.
After the above noted amendments, sufficient funding will be available in capital
project 3217321-96214, East Plant Upgraded/Improvements, for this purchase
order.
STRATEGIC PRIORITY:
In furtherance of the Council's Strategic Plan to achieve High Performing
Government by maintaining public infrastructure through systematic management
efforts, award of a Construction Contract to Kamminga & Roodvoets, Inc. is
requested. The project also aligns with the City's Strategic goals of Community
Well-Being and Environmental Stewardship.
8.2 Authorize purchase orders to CEC Motor and Utility Services of Palmetto, FL, Southeast
Pump Specialist, Inc. of Augusta, GA and Tampa Armature Works dba Integrated Power
Services of Riverview, FL for electric motor and pump repair services, in a cumulative
annual not-to-exceed amount of$900,000.00 for the initial term of June 18, 2024 through
June 17, 2025, with the option for three, one-year renewals pursuant to ITB 14-24 and
authorize the appropriate officials to execute same. (consent)
Procurement released Invitation to Bid 14-24 for Electric Motor and Pump
Repair Services on March 20, 2024, and received three responsive
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submissions by April 18, 2024. The aim of this bid was to engage capable
contractors who could deliver repair services for electric motors, pumps, drives,
gearboxes, compressors, centrifugal and positive displacement blowers as
required. These services are essential for the operation of the City's three
Wastewater Reclamation Facilities (WRFs), associated Lift Stations, as well as
the three Water Production Facilities and their associated wells.
The Wastewater and Water utilities rely on an array of electric motors and
pumps across their treatment facilities and systems. These components play a
pivotal role in ensuring the smooth operation of water production and
wastewater treatment across different stages of the process. With the passage
of time, these motors and pumps necessitate regular inspection and
maintenance services. Often, we can refurbish motors or pumps to prolong
their operational lifespan and postpone the requirement for acquiring new
equipment. However, there are instances where the expense of repairs
surpasses the value, making it more cost-effective to replace the asset rather
than refurbish the aging unit.
Authorization is requested to award to multiple contractors to ensure that Public
Utilities secures the most competitive pricing and prompt, efficient repair
services for electric motors and pumps across wastewater reclamation, water
production, lift station, and well facilities. Our procurement strategy prioritizes
cost-effectiveness by seeking the vendor offering the most competitive unit
price for the required item. In instances where immediate availability is crucial
to timely repairs, alternative vendors may be considered.
APPROPRIATION CODE AND AMOUNT:
Budgeted funds are available in Public Utilities' cost centers, cost code 550400
Operating Supplies and materials, and 556200 Equipment Repairs &
Maintenance.
STRATEGIC PRIORITY:
Establishing this contract meets the City's strategic objective of Environmental
Stewardship by ensuring our plants and facilities are always operational and
running at peak capacity and performance, guarding against potential spills that
could negatively impact our surrounding estuaries and community. It also
satisfies the strategic objective of High Performing Government by providing a
high level of service to our residents and maintaining vital infrastructure.
8.3 Authorize a purchase order to Florida ULS Operating LLC, dba United Land Services of
Jacksonville, Florida, for landscape maintenance services at designated Public Utilities
facilities in the annual not-to exceed amount of$175,000.00 for the period of June 21,
2024 through June 20, 2025, with two one-year renewal options at the City's discretion
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pursuant to ITB 24-24 and authorize the appropriate officials to execute same. (consent)
Purchasing issued Invitation to Bid (ITB) #24-24, Landscape Services Public
Utilities on March 15, 2024, and six submissions were received on April 16,
2024. Florida ULS Operating LLC, dba United Land Services of Jacksonville,
Florida is the lowest responsive, responsible bidder.
Public Utilities requires routine landscaping services at 13 sites totaling more
than 115 acres. Public Utilities and Procurement re-bid its landscaping services
as a separate solicitation due to a termination of contract with the vendor
selected to service Public Utilities as a part of the Citywide Landscaping
Services contract which was established by Invitation to bid 35-22.
The initial contract period will be from June 21, 2024 through June 20, 2025,
with the option for two one-year term renewal terms available to the City. The
low bidder, Florida ULS's total for annual services was calculated to be
$156,597.20. Staff is requesting an additional $18,402.80 be added which brings
the total annual contract value to $175,000. The additional funds are desired if,
and when additional work is required to restore existing areas at our sites per
the scope of the solicitation. Renewal Terms allow for cost increases based on
the US Department of Labor Consumer Price Index (CPI-U) for All Urban
Consumers, All Items, Tampa-St. Petersburg-Clearwater, FL; renewal prices
shall be firm for the respective annual term.
APPROPRIATION CODE AND AMOUNT:
Budgeted funds for FY24 are available in various Public Utilities cost centers,
cost code 530300 Other Contractual Services:
Funding for future fiscal years (FY25 through FY27) will be requested within the
contract calendar and spending limits.
STRATEGIC PRIORITY:
In furtherance of the Council's Strategic Plan to achieve High Performing
Government by maintaining public infrastructure through systematic
management efforts, approval for an agreement is requested.
9. Marine & Aviation
9.1 Approve an increase and proposal from Kokolakis Contracting, Inc., Of Tarpon Springs,
FL., for the construction of the Clearwater Beach Marina (21-0008-MA) in the amount of
$43,469,475.00 bringing the total to $43,568,739.00 pursuant to Request for
Qualifications (RFQ) 19-22; approve a not to exceed loan of$18,000,000.00 from the
Capital Improvement Fund to the Marine Fund and authorize the appropriate officials to
execute same. (Consent)
The City of Clearwater has operated a marina at Clearwater Beach since the
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1940's. Historical aerials confirm the Beach Marina was built prior to 1951 and
was expanded by 1965 to essentially what exists today. Over the past 50 years
the marina has been repaired but never refurbished or fully replaced. In 2005,
the City considered a replacement of only the docks at an estimated cost of$8
million dollars. That project was never initiated. The existing marina
infrastructure has reached the end of its serviceable life and needs to be
replaced.
In October of 2021, due to the advanced age of all overwater structures and
utilities, City Council authorized Moffatt & Nichol, of Tampa, FL., to begin the
design and permitting process to replace these components and incorporate a
vision that integrated Beach Walk with the Beach Marina, creating "Marina
Walk."
Moffatt & Nichol gave a presentation to the City Council Work Session on
October 3, 2022. The engineer's estimate of probable construction cost at the
time of presentation was approximately $28 million dollars. At that time, City
Council recommended the design be completed with an emphasis on quality of
form and function including, but not limited to, a new seawall and a combination
of fixed and floating docks.
Council also gave direction at the council meeting on October 6, 2022, for the
addition of a Supplemental Work Order for Moffatt & Nichole to research parking
needs and for staff to consider a preliminary design option for a parking garage
to ensure coordination with the final marina design. The supplemental Work
Order was completed, and a pro-forma and design costs have been
established. Staff are working on the parking garage at the Beach Marina as a
separate project but seeking to incorporate construction into the phased
construction of the Beach Marina and will present that option to Council at a
later date. The parking garage will provide the necessary parking and upland
support needed for the commercial operations at the Beach Marina.
On January 12, 2023, Council authorized the contract and pre-construction
phase proposal with Kokolakis to renovate the Beach Marina in the amount of
$99,264.00 pursuant to Request for Qualifications (RFQ) 19-22.
On November 13, 2023, Moffat & Nichol gave the final design presentation to
Council's work session. The reconstruction of the Beach Marina will include a
wide variety of resiliency features including the raising of the seawall, updating
all utilities, dredging, floating dock structures, and the future ability to add boat
charging stations for electric boats. The engineer's opinion of probable
construction cost for the final design was raised to $35.1 million dollars.
The Clearwater Beach Marina will maintain our current slip count of 165 slips
(83 recreational slips, 59 commercial slips, and 23 transient slips). The fuel
dock will be able to accommodate all tenants as well as visitors and residents
of Clearwater. Two ferry slips are included, and they will be able to
accommodate the new ferry vessels that will be operational in early 2025. The
Marina Walk will include 24 kiosks available for the commercial fleet to lease
and conduct sales from.
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Construction of the Beach Marina is expected to begin in October 2024 and is
scheduled to be completed the spring of 2026. The construction GMP is
$43,469,475.00, and the total project budget is estimated to be $46.5 million.
This project is currently underfunded with a total of$28,492,258.00 currently
available. The increase in budget is the result of labor (10-15% increase in last
18 months) and material cost escalations exceeding that accounted for during
the construction cost estimate exercises. For example, the cost of concrete
used for the floating docks and marina walk has risen sharply by 40% since
2020 as reflected by the producer price index for cement and concrete.
Similarly, the cost of electrical equipment and conductors has risen drastically.
The cost of aluminum and copper has increased by 25% and 26% in the last 4
months. Other increases are the results of upgrading existing site grade
conditions for stormwater runoff, cost of phasing the project to allow continuity
of commercial operations ($1,000,000), and specialty marine products (cleats,
pedestals, etc.) increased by 20-30% in the last 18 months.
Currently there is an outstanding grant application in process with the Tourist
Development Council (TDC) to help supplement the funding needed for this
project. The remaining funding needed will be provided by a 10-20-year 0%
interest not to exceed loan of$18 million from the Capital Improvement Fund, to
be reduced by the award of grant funding (payment structure TBD based upon
amount of grant award). A 1-year deferral of payment (from project completion)
will allow time to implement new rates for slip rentals and to reestablish revenue
levels/profitability.
APPROPRIATION CODE AND AMOUNT:
A third quarter budget amendment will provide an increase of$18,000,000.00 in
capital project C1905, Beach Marina Upgrade, which will provide the remaining
funding needed to establish the total project budget. Once amended, sufficient
funding/budget will be available in capital improvement project C1905, Beach
Marina Upgrade to fund this GMP proposal.
STRATEGIC PRIORITY:
High Performing Government
1.2 Maintain public infrastructure, mobility systems, natural lands, environmental
resources, and historic features through systematic management efforts.
Economic & Housing Opportunity
2.2 Cultivate a business climate that welcomes entrepreneurship, inspires local
investment, supports eco-friendly enterprises, and encourages high-quality job
growth.
2.3 Promote Clearwater as a premier destination for entertainment, cultural
experiences, tourism, and national sporting events.
Marine and Aviation Director Micheal MacDonald and Engineer Jeff Walker
provided a PowerPoint presentation.
In response to questions, Mr. Walker said aluminum wiring will be used for
the underground feeders to the substation, which will be hydraulically
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Council Work Session Meeting Minutes June 17, 2024
clamped at the connection. Finance Director Jay Ravins said staff anticipates
a loan from the capital projects fund, which accounts for all governmental
non-enterprise capital projects. The non-enterprise capital projects are
advanced funded. He said over the last 20 years that fund has not had a
balance below$34 million. Using that to finance a loan like this makes
sense; versus going out for external financing and paying interest. Mr.
Ravins said the repayment period would be 10 to 20 years, the repayment
period would depend on grant or bed tax funds received and profitability of
the marina. Mr. Walker said the temporary parking along the causeway will
not be paved but will be fenced and include MOT signage. The temporary
parking site will return to what it looked like before. The 200 spaces will be
used by the construction workers and commercial fleet.
The City Attorney said the agenda item could not be placed on the Consent
Agenda nor approved on a single reading as the agenda item exceeds the
$5 million charter threshold and requires two separate readings and
advertisement.
10. Parks and Recreation
10.1Award purchase orders to Performance Wrapz, LLC dba Wraps Direct and Sign-Age of
Tampa Bay, Inc. for city-wide purchase and installation of aluminum signage in the
cumulative annual amount of$275,000.00 for initial term of July 1, 2024 through June 30,
2025, with two, one year renewal options pursuant to Invitation to Bid 31-24 and authorize
the appropriate officials to execute same. (consent)
Invitation to Bid #31-24 Purchase and Installation of Aluminum Signage was
released on March 29, 2024, and the city received four responsive responses
on April 30, 2024. The Parks & Recreation Department and the City's
Procurement Division evaluated each of the four submissions and determined
that the two noted companies meet the requirements of the city.
The recommended award is as follows:
Performance Wraw, LLC d/b/a Wraps Direct: Primary for:
Segment 1: Parks & Recreation Signage No Installation/Installation 1.A - 1.0
Segment 2: Other City Signage w/Installation 2.A -2.P
Segment 2: Other City Signage No Installation/Installation 2.AA -2.PP
Segment 3: Miscellaneous w/Installation 3.A- 3.0
Sign-Age of Tampa Bay, Inc: Primary for:
Segment 2: Other City Signage No Installation 2.A- 2.P
Segment 2: Other City Signage No Installation/Installation 2.Q
Segment 2: Other City Signage No Installation 2.QQ
Segment 3: Miscellaneous No Installation 3.A - 3.0
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These vendors represent the lowest most responsive and responsible bidders
in accordance with this solicitation. To ensure a continuity of supply and
flexibility in the ordering of product and/or services from the above listed
vendors as a secondary source.
This contract will be used to provide parks informational signage, ID signs, and
rule signs, and other city-wide facilities and projects among other departments
as needed.
The Parks & Recreation Department estimates the annual expense of this
contract at $200,000.00 from Parks & Recreation funding, and $75,000.00 from
other city departments with two one-year renewal options. The Parks &
Recreation Department will ensure that all requirements, including any
applicable provision of insurance, will be met.
APPROPRIATION CODE AND AMOUNT:
Funding for Parks and Recreation sign purchases will come from the Operating
Supplies Fund #0101867-550400. Funding for other City Departments will
come from various appropriated funds.
USE OF RESERVE FUNDS:
N/A
STRATEGIC PRIORITY:
Approval of the purchase order supports several Strategic Plan Objectives,
including:
1.2: Maintain public infrastructure, mobility systems, natural lands,
environmental resources, and historic features through systematic
management efforts.
2.3: Promote Clearwater as a premier destination for entertainment,
cultural experiences, tourism, and national sporting events.
3.3: Promote marketing and outreach strategies that encourage stake
holder engagement, enhance community education, and build public
trust.
4.2: Adopt renewable resource usage and waste reduction practices to
ensure a vibrant City for current and future generations.
Parks and Recreation Assistant Director Matthew Anderson provided a PowerPoint
presentation.
In response to a question, Mr. Anderson said the aluminum signs will be easier to
replace if vandalized.
10.2Approve an increase to purchase order with CAA ICON for consulting services in
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Council Work Session Meeting Minutes June 17, 2024
connection with negotiations with the Philadelphia Phillies for a new use agreement of
BayCare Ballpark and the Carpenter Complex in the amount of$140,000.00 bringing the
total to $371,000.00 and authorize the appropriate officials to execute same. (consent)
On May 15, 2023, the City Council approved the selection committee's rankings
of Professional Services Proposal (RFP 31-23) for Negotiation Services
between the City and the Philadelphia Phillies Major League Baseball Team.
On July 20, 2023, City Council approved a purchase order to CAA ICON, for
Negotiation Services in the amount of$210,000.00 as it was determined that
CAA ICON had the necessary negotiation expertise and skills needed to provide
a contract between the City and the Phillies that is fair to all parties.
Negotiation services provided include the following:
Phase 1: Negotiation Strategy Development
Phase 2: Deal Structure/Lease Analysis
Phase 3: Negotiation Advisory and Support
Phase 4: Document Execution Support
On August 24, 2023, City Manager approved an increase of 10% ($21,000.00)
for reimbursable expenses (i.e. travel, hotel, meals, etc.) that was overlooked
when the initial approval was taken to Council bringing the new total to
$231,000.00.
The contract stipulated that if, at the end of the initial three months, the services
were not completed, the consultant would continue the work on a
month-to-month basis at $35,000.00 per month, for up to an additional three
months. CAA ICON has been fulfilling their obligations pursuant to the scope of
services outlined in the contract however, to complete the negotiations staff is
requesting an additional $140,000.00 to pay CAA ICON on a month-to-month
basis at $35,000 per month. If for some reason the negotiations and contracts
are not completed within the next several months additional funding for this
contract may be required.
APPROPRIATION CODE AND AMOUNT:
Funds are available in non-departmental cost code 0107010-530100
(professional services) to fund this contract.
STRATEGIC PRIORITY:
Approval of the purchase order supports several Strategic Plan Objectives,
including:
• 1.1: Provide evidence-based measurement tools to continually
guide municipal performance and promote accountable governance.
1.2: Maintain public infrastructure, mobility systems, natural
lands, environmental resources, and historic features through
systematic management efforts.
2.2: Cultivate a business climate that welcomes
entrepreneurship, inspires local investment, supports Eco-friendly
enterprises, and encourages high-quality job growth. and
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Council Work Session Meeting Minutes June 17, 2024
• 2.3: Promote Clearwater as a premier destination for
entertainment, cultural experiences, tourism, and national sporting
events.
10.3Authorize Guaranteed Maximum Price proposal to Keystone Excavators, Inc. of Oldsmar,
FL, for renovations and improvements of McKay Park located at 610 Mandalay Avenue
in the amount of$1,337,048.04 pursuant to Request for Qualifications (RFQ) 40-20,
Construction Manager at Risk Services Continuing Contracts; a third quarter budget
amendment transfer of$301,015.00 from M2206 Parks and Recreation R&R,
$99,039.59 from C2210 Sailing Center Dock Repairs, $47,405.50 from C2213 Shade
structures, and $53,469.97 from 315-93667, to C2304 McKay Park Improvements and
authorize the appropriate officials to execute same. (consent)
On September 17, 2020, Council approved the use of thirteen firms to serve as
Construction Managers at Risk (CMAR) for Continuing Contracts under RFQ
40-20 and Keystone Excavators, Inc. was selected as one of the approved
firms.
Keystone Excavators, Inc. was selected from the approved CMAR Continuing
Contracts List based on past reliability, professionalism, prevalent on-site
supervisory personnel, and their ability to put together a team of various
disciplines to complete this project, as well as their past performances with
other pickleball court projects within the City of Clearwater's Parks portfolio.
Their ability to deliver quality services, expedite designated timelines, and
communicate clearly with the client makes them the CMAR to be considered for
this project.
McKay Park is a neighborhood park (1.68 acres) that has served the
recreational needs of the Clearwater Beach residential community for over 40
years, first as an open grass playfield area for youth activities and later with a
playground, parking lot, outdoor exercise equipment, picnic grills, and two
boccie ball courts. Just recently half of the park was used as a temporary
location for Fire Station 46 while it was being reconstructed at the southwest
corner of Mandalay Avenue and Bay Esplanade.
Recreational amenities for residents and visitors on Clearwater Beach are
limited to just a few small park areas of which McKay Park is one. The sport of
pickleball has become the fastest growing sport in the country and with that
there has been a tremendous demand to provide pickleball courts for the
residents of Clearwater. Currently there are no dedicated pickleball courts on
Clearwater Beach and enthusiasts are using the basketball and tennis courts at
the Clearwater Beach Recreation Complex to play their sport. This is certainly
not an ideal situation as it prevents basketball and tennis players the opportunity
to play their sports on courts designed for them.
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Council Work Session Meeting Minutes June 17, 2024
This project includes the construction of six new pickleball courts which should
solve this problem. In addition, the remainder of the park will be redeveloped
with new playground equipment, exercise equipment, bocce ball court, shade
structures, sidewalks, lighting, retention pond and other miscellaneous park
amenities.
Staff has worked closely with the Clearwater Beach Civic Association and
citizens advocating for new pickleball courts at McKay Park in the development
of a plan for the park.
Keystone Excavators Inc. will be responsible for most of the work which
includes all sitework needed for the project, construction of stormwater
improvements, pickleball courts, sidewalks, bocce ball court, fencing, irrigation,
and landscaping. Installation of playground will be done by Landscape
Structures Inc. and future installation of LED lights for the pickleball courts by
Musco Lighting.
The total project budget is estimated to be $1.9 million. The following funding is
identified in the McKay Park project and available to be transferred from other
Parks capital projects:
General Fund Revenue: $1,100,000
Donations: $200,000
General Fund from M2206: $301,015 (for playground)
General Fund from other closed projects: $199,915
Approximately $100,000 will still be needed to fund the installation of lighting at a
future date. Staff is currently reaching out for additional donation opportunities.
Staff is recommending the transfer of$301,015.00 from capital project M2206,
Parks and Recreation R&R, as this is the fund used for playground
replacements. The balance of funds needed will come from closing out other
completed capital projects. The transfer of these funds will not have an impact
on other planned projects. Additional personnel are not required for this project
as the park is currently being maintained by existing staff. Operating budgets
will increase by approximately $12,000.00 for the cost of utilities and supplies.
This is a 180-day contract from notice to proceed which is anticipated to begin
in July and be completed by late December 2024.
APPROPRIATION CODE AND AMOUNT:
A third quarter budget amendments will transfer $301,015.00 of general fund
revenue from M2206 Parks and Recreation R&R, $99,039.59 form C2210
Sailing Center Dock Repairs, $47,405.50 from C2213 Shade structures;
$53,469.97 from 315-93667 Del Oro Park to project C2403, McKay Park
Improvements to provide total project funding.
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Council Work Session Meeting Minutes June 17, 2024
USE OF RESERVE FUNDS:
N/A
STRATEGIC PRIORITIES:
Funding the purchase of the new playground equipment aligns with the following
City of Clearwater Strategic Plan Objectives:
1.2: Maintain public infrastructure, mobility systems, natural lands,
environmental resources, and historic features through systematic
management efforts.
1.3: Adopt responsive levels of service for public facilities and amenities,
and identify resources required to sustain that level of service.
1.5: Embrace a culture of innovation that drives continuous improvement
and successfully serves all our customers; and
2.3: Promote Clearwater as a premier destination for entertainment,
cultural experiences, tourism, and national sporting events.
3.2: Preserve community livability through responsible development
standards, proactive code compliance, and targeted revitalization.
In response to questions, Mr. Anderson said the project does not include
restrooms. Restrooms are available at the Clearwater Beach Recreation
Center, which are within walking distance of the park. Parks and Recreation
Director Art Kader said restrooms at seven city parks were closed because
staff is needed to maintain them. To construct restrooms at the park would
cost approximately$420,000 and $250,000 for staff. Mr. Anderson said
lighting infrastructure is being placed for the pickleball courts. The pickleball
lighting and timers will be added as funds allow.
10.4 Withdrawn: Approve First Amendment to the Agreement between the City and Ruth
Eckerd Hall Inc. for the management and operation of The BayCare Sound; funding of
$270,000 for the ten days of events held as City Events at The BayCare Sound and
authorize the appropriate officials to execute same. (consent)
A venue license agreement between the City and Ruth Eckerd Hall Inc. (REH)
was entered into in December 2022 to manage, program, and operate the
venue now known as The BayCare Sound. The grand opening of the park and
The BayCare Sound occurred on June 28, 2023, and has been in operation for
almost a year.
During the first year of operation both the City and REH have recognized the
need to amend the original agreement to provide for certain clarifications as well
as add new language to strengthen the agreement between the city and REH.
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Council Work Session Meeting Minutes June 17, 2024
These changes and additions to the agreement will allow for REH and the city to
provide for more effective and efficient operations of The BayCare Sound.
Amendments to the agreement are as follows:
"Section 2.2 (e) - Property Security for events" -Amends title to "Safety of
Attendees at Events" and adds a paragraph to clarify when REH is to notify city
about a confirmed event; capacity of the green, deadlines to increase or
decrease attendance estimates; standard seating configurations and
modifications if needed. Also adds language regarding the city's Severe
Weather policy and responsibility of each party.
"Section 2.2 (h) - Operational Services" -Amends section by adding language
to clarify responsibility for the payment of operational expenses including
electricity, water, sewer, wastewater, trash compaction, stormwater, and
reclaimed water; removal of seats and cleaning of turf area; providing portable
or temporary restroom facilities for crowds over 4,000 persons; and keeping
public areas open during private events at the View.
"Section 2.2 (g) - Parking Facility at the Venue" -Amends section by adding a
sentence to clarify the use of the south side of Drew Street during an event.
"Section 2.2 (1) - Compliance with Laws" -Amends section by adding language
to clarify monitoring of sound levels by REH; proposing amendments to the
city's noise ordinance to allow for sound checks; continued compliance with
existing sound ordinance; providing hotline for neighbors and citizens regarding
real-time issues; and provide method for responding to citizen complaints.
"Section 2.2 (o) - Maintenance" -Amends section on maintenance to include
REH responsibility for Wi-Fi; city responsibility for maintenance between 7:00
am and 4:00 pm; maintenance after these hours; and requirements for
notification of repairs or maintenance completed.
"Section 2.2 (r) - Venue Management" -Amends section by adding paragraph to
address vendor or REH responsibility to cover damage to park property and
adds paragraph regulating public waterfront access during concerts.
Create a new Section entitled "Section 2.2 (t) - Temporary Fencing and Other
Equipment Setup and Removal" - The new section addresses the timing of the
setup for events, public access to the venue during sound checks and repairs,
access to the public restrooms up to three hours before events and time when
set up for events are to be removed.
Create a new Section entitled "Section 2.2 (u) - Modifications and Upgrades to
the Venue" - The new section addresses improvements or modifications to the
Venue by REH.
"Section 3.3 - Securing the Venue" -Allows for the licensee to be responsible
for securing the venue rather than the city and provides for additional permanent
fencing and gates for the venue; provides for a new exhibit F depicting location
of permanent and temporary fencing.
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Council Work Session Meeting Minutes June 17, 2024
"Section 3.5 - Venue Sponsorships and Associated Benefits" -Amends this
section to clarify pouring rights locations in the park; acknowledges the City's
Naming Rights Agreement with BayCare; recognizes the relationship of REH
and city to work together on other Venue and Park Sponsorships.
"Section 3.5 (b)- Venue Sponsorships and Associated Benefits" - Provides for
REH to donate ten tickets to the Venue Sponsor rather than the city or sponsor
having to compensate REH for them.
"Section 3.5 (f) - Venue Sponsorships and Associated Benefits" -Allows the
Vendor Sponsor the ability to purchase two additional front section or highest
price tickets if available.
Create new subsections for "Section 3.5 - Venue Sponsorships and Associated
Benefits" - These new subsections below are needed to address issues relating
to the City's Naming Rights Agreement with BayCare.
Subsection 3.5 (g) - addresses the use of logos in marketing and media buys
and Style Guide for logos.
Subsection 3.5 (h) - addresses the depletion of old logo inventory and
replenishment of new inventory.
Subsection 3.5 (i) - addresses use of the VIP area aka the View.
Subsection 3.5 Q) - addresses minimum obstruction or concealment of the
facility logo.
Subsection 3.5 (k) - addresses new domain name.
Subsection 3.5 (1) - addresses staff uniforms and logos and compliance to Style
Guide.
Subsection 3.5 (m) - addresses using facility logo on digital tickets.
"Section 3.8 - City Assets and Maintenance" - Created a new subsection 3.8 (e)
that addresses the stocking of paper products, soap and cleaning supplies for
the restrooms and responsibilities for cleaning shared restrooms between REH
and the city.
"Section 3.11 - City Events" -Amends section to allow the City to schedule the
use of the venue from 365 days to 180 days prior to the event and details
process for scheduling and securing venue dates; established provisions for the
use of professional venue management services used for City Events; provides
for the use of professional event management services if the city event ticket
price exceeds twenty-five ($25.00) for a city event; provides language to
address provisions for how the city can use and reserve the unshaded lawn
portion of the Venue for city lawn events.
"Section 3.12 -Additional Events" -Amends section to eliminate programming
of the Venue by REH during Jazz Holiday if Jazz Holiday is held in Coachman
Park rather than the Venue.
"Section 5.2 - Profit Sharing" -Amends section to change annual payment from
calendar year to fiscal year.
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Council Work Session Meeting Minutes June 17, 2024
"Section 5.5 - City Information Rights" - This section is deleted in its entirety and
replaced with new language regarding records and right to audit as provided by
the City auditor.
"Section 9.3 - Order of Precedence" - This section is deleted in its entirety and
replaced with new language. This amendment is needed to reflect the new
relationship between all parties. In the event of any unforeseen conflict between
the City Naming Rights Agreement with BayCare and this First Amendment the
Naming Rights Agreement shall supersede and control.
Section 3.11 of the Venue Agreement between the City and Ruth Eckerd Hall,
Inc. addresses the City's right to use The BayCare Sound without payment of
rental or usage fees, on July 4, July 5, and up to ten additional dates per
calendar year.
To address the scheduling and cost for these ten events they have been
included in this agenda item for discussion and approval.
The events and costs recommended are as follows:
1. October 2024 Hispanic Heritage Festival $50,000
2. December 2024 Holiday Event $50,000
3. January 2025 Martin Luther King Jr. Rally $15,000
4. February 2025 Sea Blues Festival Day 1 $30,000
5. February 2025 Sea Blues Festival Day 2 $30,000
6. May 2025 Memorial Day Event $15,000
7. May 2025 High School Graduation(s) $25,000
8. November 2025 Veterans Day Event $15,000
9. August 2025 BayCare Sound Silver Screen Movie $15,000
10. September 2025 Clearwater's Live, Love, Local Celebration $25,000
Total $270,000
There is no requirement to use any or all the ten days allocated by the
agreement with REH but, if the city chooses to use the venue for these events
the total costs is estimated to be $270,000 which would be included in the
special events budget for FY 2024/25 budgeting purposes.
STRATEGIC PRIORITIES:
Approval of this amendment supports several Strategic Plan Objectives,
including:
• 1.5: Embrace a culture of innovation that drives continuous improvement
and successfully serves all our customers.
• 2.1: Strengthen public-private initiatives that attract, develop, and retain
diversified business sectors.
• 2.2: Cultivate a business climate that welcomes entrepreneurship,
inspires local investment, supports Eco-friendly enterprises, and
encourages high-quality job growth. and
• 2.3: Promote Clearwater as a premier destination for entertainment,
cultural experiences, tourism, and national sporting events.
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11. Public Works
11.1Approve to vacate city right-of-way (ROW) and alley as requested by the adjoining parcel
landowner First Baptist Church of Clearwater, Inc., as shown on Exhibit A, a part of
Kentucky Avenue, a 60' foot platted right of way, Michigan Avenue a 60' foot platted right
of way, and the Platted 16-foot alley in Block 4, all being contiguous with Block 4 of
Bayview City Subdivision as recorded in Official Records Book 9, Page 43, Public
Records of Pinellas county, Florida, and pass Ordinance 9753-24 on first reading.
The landowner has requested the City to vacate its platted ROW and alley
interest in Kentucky Ave, a non-named 16-foot alley, and Meadow Lark
Lane/Michigan Blvd for their proposed parcel assemblage into sporting fields.
The requesting landowner by virtue of owning both sides of said ROW's and
Alley shall assume the full vacated width.
During the initial city site plan review, a vehicle turn-around was requested. The
proposed plan did not support this use, with all lands used as fields, public
seating, and supporting maintenance structures.
In response to avoid this request, the landowner extended their ROW vacation
area to include and develop all owned parcels. Extending said use ended the
need for a turn-around since no vehicles will be permitted within the field area
except for sports use. The existing roadway section of Meadow Lark Ln. being
vacated, will not remain as a road.
To approve this elimination, the landowner agreed to barricade with signage and
close off all vehicular traffic at dead end of Meadow Lark Ln., where vacated
portion transitions to city ROW.
The existing homes at the new road terminus do not need a turn-around as their
existing driveway and street access are sufficient.
The City has multiple utilities within this vacated area with the landowner by
Ordinance to execute all necessary easements.
City staff have approved this request.
11.2Approve to vacate a 5-foot portion of a 10-foot drainage utility easement by request of
landowner Eisen Joven located at 1317 Melonwood Ave, Clearwater as shown on Exhibit
A, as further defined the Westerly 5 feet of a rear Northern 10-foot drainage utility
easement in Lot 10, Block 4, Woodvalley Unit No. 5, a subdivision according to a
recorded Plat Book 68, Page 32, in the Public Records of Pinellas County, Florida, and
pass Ordinance 9767-24 on first reading.
The current northern drainage utility easement is 10 feet in width.
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The proposed 5-foot W portion of the 10-foot N easement is to accommodate a
pool and deck installation.
There are no other utilities within this vacated area.
City staff have reviewed and approved this request.
11.3Approve to vacate a 10-foot utility easement by request of Landowner AnnMarie Maier
located at 1760 Catherine Drive, Clearwater as shown on Exhibit A and further defined
as the South 5-foot utility easement of Lot 31, Block C and the North 5-foot utility
easement, of Lot 32, Block C, as recorded in Plat Book 66 Page 16, Sall's Lake Park, of
the Public Records of Pinellas County, Florida, and pass Ordinance 9768-24 on first
reading.
This 10-foot utility easement was initially plat recorded parallel to the sides of
each parcel.
The landowner purchased half of the adjoining parcel, overlapping the utility
easement.
No utilities were ever placed within this parcel's side easement during
development.
Exhibit "A" shows the encroaching platted easements to now vacate.
There are no other utilities within this vacated area.
City staff have reviewed and approved this request.
11.4Continue to a date uncertain: Approve to vacate a city storm sewer easement located at
1000 Lakeview road, Clearwater as shown on Exhibits A and B and further defined as the
Northern 10 feet of Lots 12 and 13, Block 19, Milton Park replat as recorded in Plat book
10, page 28 and under O.R. Book 3750, Page 354, of the Public records of Pinellas
County, FL, and pass Ordinance 9769-24 on first reading.
This storm sewer line was city maintained to now become private.
Turning this line into private reduces the City's maintenance costs.
There are no other utilities within this easement area.
City staff have reviewed and approved this request.
12. City Manager Verbal Reports — None.
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Council Work Session Meeting Minutes June 17, 2024
13. City Attorney Verbal Reports — None.
14. Council Discussion Item
14ASign Ordinance Enforcement - Councilmember Teixeira
Councilmember Teixeira requested consideration to look at the sign code.
Many in the business community have requested to revamp the sign code
and sign permit process. She said discussions should include the population
being regulated.
In response to questions, Planning and Development Director Gina Clayton
said four years ago substantial changes were made to the sign code.
Downtown allows more signs than any other location in the city. The code
changes included increasing the amount of signage allowed on a building,
the number of signs allowed, and in Downtown, 10% of each window can
have signage.
In response to a comment, Assistant City Manager Michael Delk said
Council has not directed staff to suspend signage enforcement in Downtown.
Staff has enforced feather signage and full window coverings. He said staff
has been flexible on the sandwich board signs. Ms. Clayton said feather
signs are prohibited signs.
Discussion ensued with consensus to schedule a council discussion on the
sign code.
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).
The Mayor requested consideration to modify Council Rules 16 and 15. He
said he was hopeful that the interaction between the gentleman from the
east coast who speaks under Citizens to be Heard and the new council
would improve. Since the last council meeting, he has encouraged his
YouTube subscribers to reach out to council directly, many of whom left
borderline threatening communication. He said many residents have asked
why Council allows the individual to disrupt the council meetings, when the
individual does not reside within the city, and making it harder for residents
to be heard. The Mayor suggested limiting Citizens to be Heard Re Items not
on the Agenda to Pinellas County residents.
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Council Work Session Meeting Minutes June 17, 2024
The City Attorney said, form a constitutional standpoint, cities can implement
geographic limitations on Citizens to be Heard, which makes sense since
local governments are here to serve local residents, businesses, and
stakeholders. Under state law, all members of the public are entitled to be
heard regarding items on the agenda and that would apply to non-
residents. He suggested limiting Citizens to be Heard to any resident of
Pinellas County or a county that shares a contiguous boarder with Pinellas
County. He said that would include Pasco County, where many Clearwater
Gas System customers are located, as well as Hillsborough and Manatee
counties. The City Clerk said requiring individuals to register prior online via
the agenda is another option. The registration to speak can be activated for
only Citizens to be Heard.
Discussion ensued with comments made that many residents fear coming to
council meetings due to the recent disruptions. Support was expressed to
implement a preregistration process for individuals speaking under Citizens
to be Heard and limit comments to Pinellas County and counties that share a
contiguous boarder with Pinellas.
The City Attorney was directed to draft a rule change.
16. Closing Comments by Mayor
The Mayor reviewed recent events and said the Hurricane Expo was
outstanding.
17. Adjourn
The meeting adjourned at 5:10 p.m.
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City of Clearwater