06/01/2009
CITY COUNCILWORKSESSION MINUTES
CITY OF CLEARWATER
June 1, 2009
Present: Mayor Frank Hibbard (departed at 11:45 a.m.), Vice-Mayor Paul Gibson,
Councilmember George N. Cretekos, Councilmember John Doran, and
Councilmember Carlen Petersen.
Also William B. Horne II - City Manager, Jill S. Silverboard - Assistant City Manager, Rod
present: Irwin - Assistant City Manager, Pamela K. Akin - City Attorney, Cynthia E. Goudeau -
City Clerk, and Rosemarie Call - Management Analyst.
The Mayor called the meeting to order at 9:00 a.m. at City Hall.
To provide continuity for research, items are in agenda order although not necessarily
discussed in that order.
1. Presentations
1.1 Neighborhood Energy Saver Program - Melissa Seixas and Melvin Philpot, Progress
Energy.
Progress Energy representative Melvin Philpot provided a power point presentation. Program
educates families in low income neighborhoods on energy efficiency and best practices. Kick-
off event in North Greenwood will be held June 22, 2009.
The Council recessed from 9:13 a.m. to 10:00 a.m. to meet as the Community Redevelopment
Agency.
2. Economic Development and Housing
2.1 Accept two $200,000 Brownfields assessment grants funded through the US
Environmental Protection Agency (EPA) and authorize the appropriate officials to execute
same. (consent)
On February 17, 2009, President Barack Obama signed into law the American Recovery
and Reinvestment Act. The Recovery Act is an unprecedented effort to jumpstart our
economy, and create or save millions of jobs. This law provided stimulus funds to the
Brownfields Program to award grants to evaluate and clean up former industrial and
commercial sites. Under this law, EPA will provide financial assistance to eligible
applicants through four competitive grant programs: assessment grants, revolving loan
fund grants, cleanup grants, and job training grants. EPA has selected the City of
Clearwater (one of only 10 cities in the state of Florida) for two brownfields assessment
grants:
* $200,000 for hazardous substances (Recovery Act Funding)
* $200,000 for petroleum (Recovery Act Funding)
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Community-wide hazardous substances and petroleum grant funds will be used to
conduct about 28 Phase I and 8 Phase II environmental site assessments, and conduct
cleanup planning. Grant funds also will be used to support community outreach activities
and implement a public health monitoring plan.
Staff will prepare the workplan and application materials and submit to EPA for approval
by June 9, 2009. Funds are anticipated to be available as soon as August 2009 and must
be expended by September 30, 2012. Economic Development and Housing staff will
implement the activities of the grant with no impact to the General Fund.
A third quarter budget amendment will establish this project to recognize the grant from
EPA.
2.2 Approve a substantial change amendment to the City’s FY 2008-09 Consolidated Action
Plan to receive an additional appropriation of $251,549 in funding from the American
Recovery and Reinvestment Act of 2009 and authorize the appropriate officials to
execute same.
On February 17, 2009, the U.S. Congress authorized funding through the American
Recovery and Reinvestment Act of 2009 (Act) to provide additional appropriations to the
Community Development Block Grant Program under Title I of the Housing and
Community Development Act of 1974, as amended. Through this appropriation, the City
of Clearwater, Florida will receive additional funding from the FY 2008-2009 Community
Development Block Grant Program-Recovery (CDBG-R).
The main purpose of the funds is to maximize job creation and provide economic benefits
by preserving and creating jobs and promoting economic recovery; assisting those most
impacted by the recession; providing investment needed to economic efficiency; investing
in transportation, environmental protection, or other infrastructure that will provide long-
term benefits; minimizing or avoiding reductions in essential services; or fostering energy
independence.
To meet these mandates, we are recommending funding for the following projects:
* General Program Administration – Provide funding in the amount of $25,154 for
administration costs to implement the program.
* East Gateway District Façade and Building Lot Improvement Program - Provide funding
in the amount of $80,000 for loans to for-profit business owners to improve the building
facades of their buildings in the East Gateway Neighborhood Revitalization Strategy
Area.
* East Gateway Sidewalk Improvement Project – Provide funding in the amount of
$146,395 to install or improve the sidewalks in the East Gateway Neighborhood
Revitalization Strategy Area.
The Act further requires the funds to be committed to projects by November 20, 2009 and
expended by September 30, 2012. Placing emphasis on projects in the East Gateway
Neighborhood Revitalization Strategy Area allows to city to meet the obligation outlined in
the recently adopted strategic plan and show HUD the city’s commitment to revitalizing
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the area. It will also allow the city to meet the commitment timeline mandate.
A third quarter budget amendment will establish three projects to recognize the HUD
grant.
In response to questions, Housing Manager Mike Holmes said the City was given one month to
submit projects to HUD. Staff chose listed projects. Economic Development & Housing
Assistant Director Jim Donnelly said HUD suggested to identify projects that were up and
running.
2.3 Approve waiver of existing City liens in the amount of $16,863.11 associated with the
demolition and lot clearing that occurred in 1995 and 1996 for the properties located at
1007 and 1009 LaSalle Street. (Legal description: GREENWOOD MANOR, LOT 9 and
10). Owner: Mt. Carmel Community Development Corporation of Clearwater, Inc., 1014
Pennsylvania Avenue, Clearwater, Florida. (consent)
Mt. Carmel Community Development Corporation (MCCDC) is requesting the waiver of
three liens for the purpose of selling a new construction home to a first-time homebuyer
that qualifies under the City’s extremely low-income category. MCCDC was designated
as a Community Housing Development Organization on December 5, 2002. On January
3, 2003, MCCDC purchased Greenwood Manor Lots 9 and 10 located on LaSalle Street
from Pinellas County through the purchase of tax certificates. The original purpose in
2003 was to build a two-story, 12-unit senior housing facility. After discovering problems
with available parking and rising construction costs, these plans were no longer
feasible. A new plan was developed in 2004 to build single-family homes on the adjoining
lots. The homes were completed in September of 2006. One of the homes was
immediately sold in November of 2006. The home on 1007 LaSalle Street has remained
vacant with no activity since the original construction date. 1009 LaSalle is a vacant lot.
In March of 2009, a qualified applicant came forward with an offer to purchase the home.
The prospective homebuyer meets the City’s criteria as an extremely low-income
candidate. The homebuyer will be receiving gift funds from a family member to cover the
full cost of the $134,000.00 purchase price. As a result, the City of Clearwater will not be
obligated to provide any additional funds for down payment or closing cost assistance.
The City Commission approved in 2002 a policy that allows for waivers of liens for lot
clearing, demolition and nuisance abatement for creating affordable housing. In
anticipation of a sale of the home, on August 17, 2006, staff brought forward and council
approved the waiver of interest and penalties associated with two liens on these
properties.
Due to extreme shifts in the housing market, the home was not sold and subsequently,
the appraised value of the property has dropped significantly below the acquisition and
construction costs of the home when it was completed in 2006. In summary, the City
provided funding to MCCDC for the acquisition and the construction costs totaling
$119,602. Additionally, the City provided $4,088 for the acquisition of the adjoining Lot
10. The total contract price for Lots 9 and 10 is $134,000.00. The acquisition
and construction costs were provided by the City’s federal HOME Program and SHIP
funds. The City of Clearwater will realize $10,310.00 as net proceeds from the sale of
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these properties. This funding will be considered program income for the City’s housing
programs and immediately available for affordable housing programs. It is against federal
guidelines to utilize these funds to pay municipal liens, interest or penalties associated
with the property.
Staff is recommending the full waiver of the three liens including interest and penalties in
the amount of $16,863.11. This would include lien MHC-137 in the amount of $15,901.00
for demolition, lien M-1358 in the amount of $275.00 for lot clearing, and lien M-1464 in
the amount of $325.00 plus an additional $362.11 in penalties and interest. Liens are set
up as receivables in the General Fund, with an offsetting amount recorded to deferred
revenue. Therefore, waiving the liens will have no impact on revenues or expenditures.
3. Fire Department
3.1 Reappoint Mr. Rick G. Stucker to a two-year term as a Trustee of the Clearwater
Firefighters Supplemental Trust Fund in accordance with Sec. 175.061 of the Florida
State Statutes. (consent)
The Clearwater Firefighters’ Supplemental Trust Fund is the recipient of monies obtained
by the State of Florida from Insurance companies doing business within the community.
These monies are required to be administered by a Board of Trustees whose composition
must consist of two legal residents of the City appointed by the City Council; two City
firefighters elected by the firefighters; and a fifth member chosen by a majority of the
other four members and submitted to the City Council for appointment. The Board of
Trustees is solely responsible for administration of the trust fund.
The state law allows trustees to succeed themselves as board members. This legal
resident, City Council appointed seat will become open July 1, 2009. Mr. Stucker has
indicated his willingness to serve another term. Mr. Stucker is a city resident, and a local
business owner with an insurance background.
Once approved, Mr. Rick Stucker is to serve a new, two-year term as a trustee to the seat
for the period of July 1, 2009 through June 30, 2011.
4. Parks and Recreation
4.1 Approve a 5-year Revocable License Agreement from July 1, 2009 through June 30,
2014, between the City of Clearwater and Sunsets at Pier 60 Society, Inc. to provide a
nightly festival at Pier 60 Park to promote tourism to Clearwater and Clearwater Beach
and authorize the appropriate officials to execute same. (consent)
Sunsets at Pier 60 Society, Inc. (Agency), entered into a trial agreement with the City on
March 2, 1995 to provide the nightly festival known as “Sunsets at Pier 60”. The event
met with great success and the Agency has been providing the festival for the past 13
years.
The original agreement with the Agency is outdated and a new formal agreement is
needed to protect the interest of the City as well as the Agency.
Weather permitting the Agency will be responsible to provide a nightly Festival at Pier 60
Park from 2 hours before sunset until 2 hours after sunset. The Festival may include
activities such as arts and crafts vendors, music, concerts, dance, entertainers and
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special events and activities.
The new agreement spells out the appropriate uses of Pier 60 and Pier 60 Park as well
as the maintenance and insurance requirements of the Agency. One of the new
requirements is to prohibit as a part of the Festival all animal acts. This was necessary
due to the additional management and liability issues necessary to continue these acts.
The City will provide the following funding and in-kind services:
* An operational grant of $23,870 has been provided for FY 2008/09. Grants for future
years are subject to annual budget approval by the City Council. Parks & Recreation
Department is recommending a 10% reduction in this grant for FY 2009/10 by $2,390 to
$21,480, from the parking fund.
* Beach, lawn and landscape maintenance for all areas on and around Pier 60 and Pier
60 Park.
* Maintenance for all major capital components of Pier 60 and Pier 60 Park.
* Use of existing furnishings on site, i.e. chairs, tables, PA system etc.
In response to a question, Parks & Recreation Director Kevin Dunbar said no alcohol will be
served.
4.2 Approve amending Section 22.24(2) of the City of Clearwater Code of Ordinances to
change the hours of operation for Mandalay Park from Closed from 11:00 p.m. until 6:00
a.m. to Closed from Sunset until Sunrise and pass Ordinance 8069-09 on first reading.
On February 3, 2005, Ordinance 7376-05 was approved at second reading to 1) regulate
hours of operation for parks; 2) prohibit trespassing on parks; and 3) allow the posting of
a sign to inform the public of said hours.
Ordinance 7376-05 amended Section 22.24 by adding the hours of operation for each
City park in the Code of Ordinances; requiring at least one prominently posted sign be
installed at each park stating the hours of operation; and providing an exception to the
closing hours which would allow a permit to be issued by the Department or the City
Manger.
The Ordinance provided a tool that City law enforcement officers use to more effectively
patrol City parks and enforce the hours of operation at each park. It reduced the number
of persons trespassing on park property after closing hours and reduces some of the
vandalism that occurs during these times. This requested hours change was provided
from the Police Department after numerous after hour problems.
Mandalay Park is now open until 11:00 p.m., but does not have lighting and due to tree
cover, is completely dark. Due to these conditions, it is becoming an area for illicit
activity. Ordinance 8069-09 changes the hours that Mandalay Park is to be closed from
sunset until sunrise, to deter the illicit activity at the park.
4.3 Approve a 1-year Partnership and Operational Support Agreement from June 1, 2009
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through May 31, 2010, between the City of Clearwater and Clearwater Horseshoe Club,
Clearwater Lawn Bowls Club and Clearwater Shuffleboard Club (Clubs), for the use and
supervision of certain City owned buildings and facilities and authorize the appropriate
officials to execute same. (consent)
· The Clearwater Lawn Bowls and Shuffleboard Clubs have been active in
Clearwater for over 50 years currently operating out of the Complex at the corner of
Alternate19 and Calumet Street; while the Horseshoe Club has offered programs at Ed
Wright Park for over 30 years.
· All three of these adult groups continue to provide recreational opportunities to the
citizens of Clearwater in their specific specialty i.e. Lawn Bowls, Shuffleboard and
Horseshoes.
· In addition to offering open sessions, providing lessons, conducting tournaments
and providing social activities for their participants they have provided the supervision
and general maintenance of the buildings and facilities assigned to each group.
· Currently, each group signs an annual co-sponsor agreement for the use of the
facilities and programming of same. The template for these agreements was approved
by the Council and were originally designed to cover primarily the youth groups operating
in Clearwater.
· Staff has recognized that these adult groups contribute in ways different than the
youth groups primarily in the area of supervising and maintaining a building owned by the
City of Clearwater. All other agencies managing public facilities are required to enter into
a separate partnership and operational support agreement. Therefore, staff is
recommending that the City enter into separate agreements with the Lawn Bowls Club,
Shuffleboard Club and Horseshoe Club.
· The agreements with each group are similar with the only change being what
services each provides and the person(s) entering into the agreements.
· The groups’ primary mission is to provide programs including supervision and
maintenance to meet the recreational needs of the public including the residents of
Clearwater. The City will continue to provide maintenance of the grounds, and provide
capital building and maintenance service to the buildings. In turn, these groups will not be
required to meet the resident/non-resident card requirements.
· If the Council approves these agreements there will be an annual net savings of
$58,810 to the general fund budget.
· Each group is required to provide an annual report of activities consisting of the
number of clients served, costs of such service, commentary on the viability,
effectiveness, and trends affecting the program and success of same.
Parks & Recreation Director Kevin Dunbar said 30% of users are citizens.
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It was requested that staff provide information on maintenance and capital costs.
4.4 Approve a blanket purchase order contract to Smith Fence of Clearwater, Florida, in the
amount of $150,000 for the purchase and installation of fencing at various projects
throughout the City during the contract period May 22, 2009 through May 21, 2010, in
accordance with Sec. 2.564 (1)(d), Code of Ordinances Pinellas County Purchasing
Cooperative Bid #089-0148-B (SS), and authorize appropriate officials to execute same.
(consent)
A blanket purchase order in the amount of $150,000 is being requested. The City is not
obligated to use the entire amount being requested.
Fencing will be installed as replacement for damaged or deteriorated fencing and for new
installations at various projects throughout the City. The Parks and Recreation
Department has an annual capital improvement project for the replacement of worn out
and damaged fencing, and also utilizes operating funds and other individual CIP’s for
projects that require the installation of new fencing. Some of the projects for the next
year may include, but not be limited to, Cherry Harris Park, Wood Valley Park, Eddie C.
Moore Complex and Carpenter Complex.
The City is using bids solicited and approved by Pinellas County regarding fence
installation (Pinellas County Purchasing Cooperative Bid #089-0148-B (SS).
Staff directed to add fencing for the cemetery.
5. Police
5.1 Approve extension of agreements for contractual services related to Clearwater’s Human
Trafficking Immersion Training Project to the end date of the grant period and approve a
new agreement with Directions for Mental Health, Inc. and authorize the appropriate
officials to execute same. (consent)
· On August 7, 2008, the City Council approved acceptance of a FY 2008
Department of Justice, Bureau of Justice Assistance (DOJ/BJA) grant in the amount of
$99,370 to fund the Clearwater Area Task Force on Human Trafficking Immersion
Training Project. Council also approved contractual agreements with the Florida RCPI;
Pinellas Core Management Services, Inc.; World Relief Tampa; and, Gulfcoast Legal
Services, Inc. to provide coordination of activities and participation in certain portions of
the delivery of Immersion training with the City. These contractual expenses were to be
expended by June 30, 2009. The actual expiration date for the federal grant is February
28, 2010.
· Pursuant to Clearwater’s agreement with DOJ/BJA, a total of four Immersion
Training sessions were to be conducted by June 30, 2009. Due to delays beyond
Clearwater’s control, only three sessions have been conducted to date.
· In order to allow the Immersion Training Project more time to complete the fourth
training session, the Police Department is now seeking an extension of the City’s
contractual agreements with the above-referenced contractors from June 30, 2009 to
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February 28, 2010, which is the end date of the federal grant period.
· Additionally, Directions for Mental Health, Inc. has been recruited to present a
portion of the Immersion Training program. With one more training session remaining, the
Police Department is now seeking approval of a contractual agreement with Directions to
provide Immersion Training services for that session. Funding for Directions will be
provided by a budget modification to the existing grant budget.
· There are no additional costs associated with the extension of time for the existing
contractual agreements or the creation of a new one with Directions. The extensions of
time will simply allow Clearwater to utilize all of the federal grant funds to which it is
entitled.
· Extensions to the contractual agreements between the City of Clearwater and the
above-referenced contractors have been prepared. A contractual agreement with
Directions has also been prepared.
6. Solid Waste/General Support Services
6.1 Amend Article VII, Solid Waste Management, Section 32.271 through 32.322, Amend
Appendix A, Schedule of fees, rates, and charges, Article XXV, Public Works-fees, rates
and charges, section; (3)(c) Solid Waste collection rates through Solid Waste Roll-off
container or waste receptacle service(5)(b)(ii)(7), and pass Ordinance 8025-09 on first
reading.
The following amendments are being proposed in addition to the amendments discussed
with Council previously and outlined below. 1) add definitions for commercial waste and
industrial waste, 2) rename "construction debris" to "construction or demolition debris"
and update definition that vegetative matter is not considered construction or demolition
debris, 3) add language to Section 32.288 to allow sole proprietors or corporate entities to
obtain permits to collect or haul refuse within the city limits, provided they use trailers or
other similar rubber tire vehicles with capacities no larger than fifteen (15) cubic yards.
the following amendments were discussed previously with Council.
The proposed amendments to this Ordinance and Appendix A include the
recommendation for exclusivity for the City’s roll-off operation and various wording
changes meant to clarify, update, or strengthen the current Ordinance and
Appendix. Article VII, Solid Waste Management Update Language and added definitions:
Solid Waste to Solid Waste/General Services
Solid Waste Director to Solid Waste/General Services Director
City Commission to City Council
Definitions added:
· Containerized service - collection of solid waste or recyclables in city-approved
containers
· Contamination - when more than de minimis non-recyclable items are included with
recyclables, or two or more types of recyclables are commingled.
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· Eviction or move-out refuse - refuse left for collection resulting from an eviction or
move-out.
· E-waste - inoperative or discarded electronic components.
· Late payment - means any payment remitted after the required due date.
· Recovered materials dealer - person or entity who handles, purchases, receives,
recovers, sells, or is an end-user of recovered materials.
· Roll-off container - large capacity container used for commercial, industrial service,
or special purposes, including but not limited to, containers with capacities between (10)
and (40) cubic yards and which is transported with its contents to a solid waste disposal
site.
· Servicing - interaction with Solid Waste/General Services with regards to installing,
cleaning, deodorizing, pulling, removing, or repairing damage to waste receptacles.
· Waste receptacle - vehicle or container used to collect, transfer or haul solid waste
or construction debris.
Strengthen Enforcement Capabilities
Language added to Sec. 32.276 that designated solid waste personnel have the
"authority to exercise limited police powers to enforce provisions of this
chapter." Appendix A, Schedule of fees, rates and charges. Establish RatesSolid Waste
curbside collection rates for customers outside the city limits (Agreements To Annex) -
add a 125% monthly surcharge to provide curbside service to accounts outside city limits.
Dumpster cleaning charges of $100 per receptacle after two free cleanings per year.
Annual maximum of yard waste per dwelling - four complimentary pick ups beyond the
once-weekly yard waste collection per 12-month period not to exceed 40 cubic yards in
the 12-month period.
Exclusivity for Roll-Off Operations
The provision of roll-off and compactor service in the City of Clearwater is currently open
to all private roll-off haulers and the City’s Solid Waste Department. Exclusivity would
prohibit private haulers from doing roll-off business within the City limits. This
recommendation is based on the following:
- Revenue Opportunity: Current City roll-off operation has the capacity to absorb
additional business without adding full-time equivalent positions (FTEs) or equipment.
- Savings: Staff costs and hours necessary (approximately 1,200 hours) to enforce
collection of the 15% franchise fee from private haulers.
- Customer Service: Continue high level of customer service (service same day or next,
deodorize and clean containers, etc.)
- Efficiency: Area of operation within the City limits allows for a short turn-around to
service.
- Location: Transfer Station is centrally located with the City and has the capacity to for
additional refuse.
There are eight FTEs assigned to the roll-off operation. The operation also includes six
roll-off trucks providing service five days a week.
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7. Public Utilities
7.1 Water Management Trends Presentation
8. Official Records and Legislative Services
.1 Appoint one member to the Library Advisory Board with the term to expire June 30, 2013.
Consensus to appoint Mary A. van Weezel.
9. Legal
9.1 Authorize additional funds to Bricklemyer Smolker & Bolves, P.A., for continued
representation of the City in several inverse condemnation litigation cases arising from
the construction related to the Beachwalk Project, in the amount of $100,000. (consent)
In April 2007, Council authorized the City Attorney to hire Jeffrey L. Hinds, Esq., of the
law firm of Bricklemyer Smolker & Bolves, P.A., as defense counsel in the inverse
condemnation case of Divaco, Inc. v. City of Clearwater and several inverse
condemnation claims that were expected to arise from this project. At the time of the
initial authorization, $50,000 in funds from the Beachwalk Construction Project budget
were authorized to pay for the City’s defense.
In July 2008, Council authorized the City Attorney to file a third-party complaint against
Post, Buckley, Schuh & Jernigan, Inc., for contribution and/or indemnification for alleged
wrongful design and/or construction of the Coronado Drive Improvement portion of the
Beach by Design project, in the matter of Divaco, Inc. v. City of Clearwater. Council
further authorized use of outside counsel if it became apparent that outside counsel was
necessary, for reasons of subject-matter expertise.By December 2008, inverse
condemnation actions had been brought against the City in the following cases: Christina
McNeil Tracey and Anchor Mini-Mart, Inc. v. City of Clearwater;Divaco, Inc. v. City of
Clearwater;Szletcha & Kunowski d/b/a Tropical Sky Ranch Motel v. City of Clearwater;
andRudman & Rudman, d/b/a Riviera Motel v. City of Clearwater;and Council authorized
suit against Post, Buckley, Schuh & Jernigan, Inc., for contribution and/or indemnification
for alleged wrongful design and/or construction of the Coronado Drive Improvement
portion of the Beach by Design project in those cases. The latter three of which would be
prosecuted by outside counsel and the claims against Post, Buckley, Schuh & Jernigan,
Inc. in the Christina McNeil Tracey and Anchor Mini-Mart, Inc. v. City of Clearwater matter
will be handled by staff.On February 19, 2009, Council authorized increasing funds to
cover the expenses for these cases up to, but not including trial, in the amount of
$100,000, which included hiring of expert witnesses and services up to trial. Mediation of
the claims was not successful and extensive discovery has been undertaken by all
parties. The court has bifurcated the case and scheduled a non-jury trial on liability on
July 30-31, 2009 in the case of Divaco, Inc. v. City of Clearwater . Due to an expedited
discovery and trial schedule, the above-mentioned funds have been depleted and the
City Attorney requests Council to approve additional funds of $100,000, from the
Beachwalk Construction Project Budget, for the outside counsel services of Bricklemyer
Smolker & Bolves, P.A., for the following:
· representation as defense counsel for the City in Divaco, Inc. v. City of
Clearwater; Szletcha & Kunowski d/b/a Tropical Sky Ranch Motel v. City of Clearwater;
Work Session 2009-06-01 10
and, Rudman & Rudman, d/b/a Riviera Motel v. City of Clearwater;
· representation as counsel for the City on cross-claims against Post, Buckley,
Schuh & Jernigan, Inc., in the above cases;
· retaining experts, including: appraisers, engineers and surveyors for use at trial as
needed. The additional funding in the amount of $100,000, is available in the Beachwalk
Project fund, and is expected to cover the expenses for these cases through the trial of
the liability portion of the case, at which time we will apprise Council of any further
estimated costs if necessary.
It was stated that attorney fees are not reimbursable.
9.2 Approve amending Section 22.40, Code of Ordinances, to require the leashing of dogs
located at specific areas on Clearwater Beach and requiring the removal of pet waste and
pass Ordinance 8074-09 on first reading.
On Clearwater Beach, dogs are prohibited on the public bathing beach, which is bounded
on the north by Somerset Street, however, dogs are not prohibited on the sandy beach or
swimming areas abutting the sandy beach located from the boundary of Somerset Street
to the northern most boundary of Clearwater Beach.
The City Council heard evidence at its meeting on May 7, 2009, from the Clearwater
Audubon that dogs have an adverse affect on the nesting of shore birds.
The City Council also heard the testimony from dog owners who own property on the
northern portion of Clearwater Beach and who have used the sandy beach as a
recreation area for themselves and their dogs.
The City Council has determined that a balance can be achieved between the protection
of shore birds and the use of the sandy beach by dog owners if dogs are required to be
restrained and on adequate leashes when the dogs are on the sandy beach or in the
swimming areas abutting the sandy beach located from the boundary of Somerset Street
to the northern most boundary of Clearwater Beach. The City Council has also
determined that the health, safety, and welfare of individuals is enhanced when pet
owners or those in charge of the pet are required to remove all feces deposited by such
animal on the sandy beach.
In response to questions, Assistant City Attorney Rob Surette said public access points have
been maintained by the city and signs posted indicate no pets allowed. If an officer observes an
individual with a dog, the officer can ask the individual to leave.
Staff directed to agenda discussion at next work session.
9.3 Approve amending Subsection (2)(a) of Section 17.06, Code of Ordinances, relating to
fireworks displays, to prohibit the issuance of permits on specified areas of Clearwater
Beach during specified times, and Pass Ordinance 8075-09 on first reading.
Work Session 2009-06-01 11
The City Council heard evidence at its meeting on May 7, 2009, from the Clearwater
Audubon that human activities, such as fireworks displays, have an adverse affect on the
nesting of shore birds on the sandy beach located from the boundary of Somerset Street
to the northern most boundary of Clearwater Beach.
The City Council has determined that a balance can be achieved between the protection
of shore birds and the use of the sandy beach by prohibiting the issuance of permits to
conduct a fireworks display or a pyrotechnic special effect display during the breeding
season of shore birds.
Ordinance 8075-09 prohibits issuance of permits for fireworks displays on Clearwater
Beach north of Somerset Street between February 1 and August 31.
It was stated that state law prohibits fireworks on private property.
9.4 Adopt Ordinance 8023-09 on second reading, amending the future land use plan element
of the Comprehensive Plan of the city to change the land use designation for certain real
property whose post office address is 323 Jeffords Street and 300 Pinellas Street,
together with the vacated right-of-way of Sadler Street and Bay Avenue; and certain
property located on the east side of Reynolds Avenue approximately 190 feet north of
Pinellas Street, consisting of Lot 8, S.J. Reynolds Subdivision, whose post office address
is an unaddressed parcel on Reynolds Avenue from Residential/Office General (R/OG) to
Institutional (I).
9.5 Adopt Ordinance No. 8024-09 on second reading, amending the Zoning Atlas of the city
by rezoning certain real property whose post office address is 323 Jeffords Street and
300 Pinellas Street, together with the vacated right-of-way of Sadler Street and Bay
Avenue; and certain property located on the east side of Reynolds Avenue approximately
190 feet north of Pinellas Street, consisting of Lot 8, S.J. Reynolds Subdivision, whose
post office address is an unaddressed parcel on Reynolds Avenue, from Office (O) to
Institutional (I).
9.6 Adopt Ordinance No. 8028-09 on second reading, making amendments to the
Community Development Code to further the consistency between the Community
Development Code and the City’s Comprehensive Plan by implementing public school
concurrency.
9.7 Adopt Ordinance No. 8042-09 on second reading, making amendments to the sidewalk
or outdoor cafe sections of the Community Development Code.
9.8 Adopt Ordinance No. 8050-09 on second reading, annexing certain real property whose
post office address is 1935 Old Coachman Road, into the corporate limits of the city and
redefining the boundary lines of the city to include said addition.
9.9 Adopt Ordinance No. 8051-09 on second reading, amending the future land use element
of the Comprehensive Plan of the city to designate the land use for certain real property
whose post office address is 1935 Old Coachman Road, upon annexation into the City of
Work Session 2009-06-01 12
Clearwater, as Residential Low (RL).
9.10 Adopt Ordinance No. 8052-09 on second reading, amending the Zoning Atlas of the city
by zoning certain real property whose post office address is 1935 Old Coachman Road,
upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR).
9.11 Adopt Ordinance No. 8053-09 on second reading, annexing certain real property whose
post office address is 3012 Glen Oak Avenue North, together with the abutting right-of-
way of Glen Oak Avenue North, into the corporate limits of the city and redefining the
boundary lines of the city to include said addition.
9.12 Adopt Ordinance No. 8054-09 on second reading, amending the future land use element
of the Comprehensive Plan of the city to designate the land use for certain real property
whose post office address is 3012 Glen Oak Avenue North, together with the abutting
right-of-way of Glen Oak Avenue North, upon annexation into the City of Clearwater, as
Residential Low (RL).
9.13 Adopt Ordinance No. 8055-09 on second reading, amending the Zoning Atlas of the city
by zoning certain real property whose post office address is 3012 Glen Oak Avenue
North, together with the abutting right-of-way of Glen Oak Avenue North, upon
annexation into the City of Clearwater, as Low Medium Density Residential (LMDR).
9.14 Adopt Ordinance No. 8056-09 on second reading, annexing certain real property whose
post office address is 918 Moss Avenue, into the corporate limits of the city and
redefining the boundary lines of the city to include said addition.
9.15 Adopt Ordinance No. 8057-09 on second reading, amending the future land use element
of the Comprehensive Plan of the city to designate the land use for certain real property
whose post office address is 918 Moss Avenue, upon annexation into the City of
Clearwater, as Residential Low (RL).
9.16 Adopt Ordinance No. 8058-09 on second reading, amending the Zoning Atlas of the city
by zoning certain real property whose post office address is 918 Moss Avenue, upon
annexation into the City of Clearwater, as Low Medium Density Residential (LMDR).
9.17 Adopt Ordinance No. 8062-09 on second reading, annexing certain real property whose
post office address is 1831 Beverly Circle North, into the corporate limits of the city and
redefining the boundary lines of the city to include said addition.
9.18 Adopt Ordinance No. 8063-09 on second reading, amending the future land use element
of the Comprehensive Plan of the city to designate the land use for certain real property
whose post office address is 1831 Beverly Circle North, upon annexation into the City of
Clearwater, as Residential Low (RL).
9.19 Adopt Ordinance No. 8064-09 on second reading, amending the Zoning Atlas of the city
by zoning certain real property whose post office address is 1831 Beverly Circle North,
upon annexation into the City of Clearwater, as Low Density Residential (LDR).
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9.20 Adopt Ordinance No. 8065-09 on second reading, annexing certain real property whose
post office address is 1927 Summit Drive, into the corporate limits of the city and
redefining the boundary lines of the city to include said addition.
9.21 Adopt Ordinance No. 8066-09 on second reading, amending the future land use element
of the Comprehensive Plan of the city to designate the land use for certain real property
whose post office address is 1927 Summit Drive, upon annexation into the City of
Clearwater, as Residential Low (RL).
9.22 Adopt Ordinance No. 8067-09 on second reading, amending the Zoning Atlas of the city
by zoning certain real property whose post office address is 1927 Summit Drive, upon
annexation into the City of Clearwater, as Low Medium Density Residential (LMDR).
9.23 Continue 2nd Reading of Ordinance 8025-09 to June 18, 2009 to amend Article VII, Solid
Waste Management, Section 32.271 through 32.322, Amend Appendix A, Schedule of
fees, rates, and charges, Article XXV, Public Works-fees, rates and charges, section;
(3)(c) Solid Waste collection rates through Solid Waste Roll-off container or waste
receptacle service(5)(b)(ii)(7.
10. City Manager Verbal Reports
10.1 Well Development & Sink Holes
It was stated that residents of Coachman Ridge have expressed concerns with the number of
proposed wells, saltwater intrusion and sinkholes.
Engineering Manager Rob Fahey said there are 13 new wells and 3 rehabilitated wells. The
project is not new. The 2004 water management plan indicated need to do better with water
supply. Clearwater has a unique geology, a clay layer that separates the Surficial aquifer from
the Floridan aquifer. Mr. Fahey said the wells will be going deeper than the Surficial aquifer.
In response to questions, Hydrologist David Wiley said the Surficial aquifer has nothing to do
with the Floridan aquifer. The Surficial aquifer is mainly impacted by rainfall. Clearwater has a
consistent and dense clay layer between the Surficial and Floridan that prevents the fluctuation
in water levels. Multiple wells spread out the impact. Mr. Wiley said wells are not operated all
at same time.
Mr. Fahey said each well site is permitted for specific volumes that can be pumped per well.
Well locations are limited to areas where there is accessible fresh water supply. Pinellas
County purchases water from Tampa Bay Water.
Discussion ensued regarding history of wells in area. It was requested to schedule discussion
on Thursday night.
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Beach Parking Update
Assistant City Manager Rod Irwin said staff has met with Britts and Mainstream
representatives. Mr. Irwin expressed concerns with Britts' map change request to FEMA.
It was requested that Britts' Coastal Engineer be at next work session.
11. Council Discussion Items
11.1 Alcohol and Concessions on Sand Key Park - Councilmember Cretekos
Discussion delayed until Thursday's meeting.
12. Other Council Action
12.1 Other Council Action - None.
13. Adjourn
The meeting was adjourned at 12:13 p.m.
Work Session 2009-06-01 15