04/13/2010
CITY COUNCILWORKSESSION MINUTES
CITY OF CLEARWATER
April 13, 2010
Present: Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N.
Cretekos, Councilmember Paul Gibson, and Councilmember Bill Jonson.
Also William B. Horne II - City Manager, Jill S. Silverboard - Assistant City
present: Manager, Rod Irwin - Assistant City Manager, Pamela K. Akin - City Attorney,
Cynthia E. Goudeau - City Clerk, and Rosemarie Call - Management Analyst.
To provide continuity for research, items are in agenda order although not
necessarily discussed in that order.
Mayor Frank Hibbard called the meeting to order at 9:00 a.m. at City Hall.
1. Presentations
1.1 Service Awards
Eight service awards were presented to city employees.
The April Employee of the Month Award was presented to Dawn Lewellyn, Parks and
Recreation.
1.2 Presentation of GFOA Certificate of Achievement for Excellence in Financial
Reporting 2008 Annual Financial Report
The Government Finance Officers Association of the United States and Canada
(GFOA) has a certificate program (established in 1945), which is designed to
recognize and encourage excellence in financial reporting by state and local
governments. The City of Clearwater has earned the Certificate of Achievement
for Excellence in Financial Reporting for its 2008 annual Financial Report. This is
the 30th year that the City has received this prestigious award.
In order to earn the Certificate of Achievement, the City of Clearwater’s
Comprehensive Annual Financial Report had to meet the high standards of the
certificate program. By meeting the standards of the program, the Financial
Report is a more useful and understandable tool for Clearwater’s citizens, the
media, and others who have a vital interest in the government. The governing
Work Session 2010-04-13 1
body and taxpayers of Clearwater should take special pride in the fact that their
annual financial reporting document has been judged to be one of the best in its
class. The award gives bond insurers and rating agency comfort and thus ensures
that the City receives low interest rates on its borrowing.
This award reflects the commitment by many individuals to the highest standards
of financial reporting. It reflects the endorsement and support of elected and
appointed officials, and is a tribute to their foresight and leadership. This award
also reflects the expertise, high degree of professionalism, and many hours of
hard work by the staff involved in preparing this annual financial report.
Achievement of this award is a tribute to all of them.
The City’s “CAFR” team works diligently each year to complete the financial
report. This team is composed of members of the City’s Finance and Budget
departments as well as financial staff from other City departments. The City takes
financial responsibility and accountability very seriously, and therefore, individuals
with financial expertise have been placed in various departments around the City.
Many of these individuals are licensed CPAs. Jay Ravins, Assistant Finance
Director for the City of Clearwater has the overall responsibility for financial
reporting for the City.
Our external auditors, Cherry Bekeart and Holland provided assistance in
obtaining this award.
1.3 Presentation of the City’s Annual Financial Report
The City's External Auditors, Cherry, Bekaert & Holland, L.L.P., will present the
results of the audit of the City's 2009 Annual Financial Report to the Council.
Cherry Bekaert and Holland, LLP representative James Burdick reviewed the audit
process and findings. No internal deficiencies or instances of non-compliance with
federal and state single audits were found.
In response to a question, Mr. Burdik said disclosure statements regarding the Pension
Plan identified the various risks associated with the investment types. There is no
concern with the level of risk.
The Council recessed from 9:29 a.m. to 11:21 a.m. to meet as the Pension Trustees.
2. Financial Services
2.1 Declare the list of vehicles and equipment surplus to the needs of the City and
authorize disposal through sale to the highest bidder at the Tampa Machinery
Work Session 2010-04-13 2
Auction, Tampa, Florida, and authorize appropriate officials to execute same.
(consent)
All vehicles and equipment have been replaced as necessary and are no longer
required. Tampa Machinery Auction is the Pinellas County Purchasing
Cooperative Auctioneer of Record.
3. Gas System
3.1 Award a contract (Blanket Purchase Order) for gas meters and regulators to M. T.
Deason, Incorporated in the amount of $255,000 for the period April 1, 2010 to
March 31, 2011, and authorize the appropriate officials to execute same.
(consent)
M. T. Deason, Incorporated was the low bidder, who met the specifications on Bid
0901-001. This is the first rollover of Bid 0901-001.
Funding is available in Gas Meter Changeout Pinellas, 315-96367, and Gas Meter
Changeout Pasco, 315-96379, in the Clearwater Gas System Budget.Material is
code approved and the meters and regulators will be used on the Clearwater Gas
System Distribution System.
In response to a question, Gas Program Manager Bruce Griffin said the meter
changeout will include a combination of traditional meters and Automatic Meter Reading
(AMR) devices. The AMRs can be read as one drives by and are being tested in Pasco
County. If successful, use of AMRs will be expanded to other areas.
3.2 Award contracts (Blanket Purchase Orders) for Gas Material Steel Pipe and
Fittings to Consolidated Pipe and Supply in the amount of $53,000; to M.T.
Deason in the amount of $70,000; and to General Utilities Pipe in the amount of
$125,000 for the period of April 1, 2010 to March 31, 2011, and authorize the
appropriate officials to execute same. (consent)
Consolidated Pipe & Supply was the low bidder who met the specification on Bid
0811-002, and this is the first rollover for lines 5-40, 44-81, 94-95, and 105-109.
M. T. Deason Company, Incorporated was the low bidder who met the
specifications on Bid 0811-002, and this is the first rollover for lines 96-104, 110-
118, and 129-143.
General Utilities Pipe and Supply was the low bidder who met the specifications
on Bid 0811-002, and this is the first rollover for lines 1-4, 41-43, 82-93, 119-128,
and 144-160.
This steel piping will be used in the Clearwater Gas System distribution system for
casings, protection of facilities, and maintenance of existing steel mains.Funding
is available in Pinellas New Mains and Service Lines, 315-96377, and Pasco New
Work Session 2010-04-13 3
Mains and Service Lines, 315-96378, in the Clearwater Gas System Budget.
3.3 Award a contract (blanket purchase order) for Gas Material Polyethylene Pipe and
Fittings to Consolidated Pipe and Supply in the amount of $200,000; to M.T.
Deason in the amount of $70,000; to General Utilities Pipe in the amount of
$125,000; and to Elster Perfection in the amount of $87,000 for the period of April
1, 2010 to March 31, 2011, and authorize the appropriate officials to execute
same. (consent)
Consolidated Pipe & Supply was the low bidder who met specifications of Bid
0812-002, and this is the first rollover for lines 1-7.
M. T. Deason Company, Incorporated was the low bidder who met the
specifications on Bid 0812-002, and this is the first rollover for lines 8-10 and 130-
138.
General Utilities Pipe and Supply was the low bidder who met the specifications
on Bid 0812-002, and this is the first rollover for lines 11-72, 79-83, 101-129, and
139-148.
Elster Perfection was the low bidder who met the specifications on Bid 0812-002,
and this is the first rollover for lines 73-78 and 87-100.
This polyethylene piping will be used in the Clearwater Gas System distribution
system for mains and service lines.
Funding is available in Pinellas New Mains and Service Lines, 315-96377, and
Pasco New Mains and Service Lines, 315-96378, in the Clearwater Gas System
Budget.
4. Marine and Aviation
4.1 Approve an update to the City’s monthly recreational dockage permit providing
recreational boaters a license to moor their vessels and use the facilities at the
Downtown Boat Slips, the Clearwater Municipal Marina, and Island Estates and
adopt Resolution 10-05.
The update of the recreational dockage permit is intended to bring the format and
common rulings into conformity with the commercial license agreement, prior to
the opening of the Downtown Boat Slips. Additionally, the update makes it clear
that the dockage permit only provides permittees a right to use city facilities for
vessel dockage, in other words, the recreational dockage permit is a license.
The permittee will now be required to remit payment for the first and last months’
fees prior to receiving the dockage permit. The final month’s fee will be applied
when the permittee give a month’s notice of the intent not to renew. If the
permittee vacates the slip without the month’s notice the last month’s fee is
forfeited and not refundable.
Work Session 2010-04-13 4
Currently, there is a monthly average of thirty (30) open slips between the
Clearwater Municipal Marina and Island Estates. Of the possible 126 Downtown
Boat Slips, deposits have been placed on 30 slips. It is hoped the changes will
make slip rental more attractive to tenants without adding additional
regulation/restriction and at the same time protecting the City’s interest.
4.2 Approve a $175,000 settlement to reimburse David King, Fixed Base Operator
(FBO) at Clearwater Airpark, for overcharges of storm water fees, authorize
transfer of $175,000 from Central Insurance Fund reserves to the Airpark Fund to
fund the payment, and authorize the appropriate officials to execute same.
(consent)
In accordance with the Airpark lease, the Airpark is responsible for all utility
payments for the facilities leased. FBO David King paid all Clearwater Airpark
stormwater fees from December 2004 to March 2009.
In March 2009, it was determined the City owned 50% of the “new” impervious
surface based on the airpark property description coordinates in the lease
agreement, and the City started paying about 50% of the Clearwater Airpark
stormwater fees.
Mr. King’s attorney contacted the City for reimbursement of the overcharge he
paid for the storm water fees. A tentative agreement has been reached settling all
claims for a cash payment to Mr. King in the amount of $175,000 to be taken from
the Central Insurance Fund Reserves. The Legal Department requests authority
to settle the claim for this amount and execute a release and other documents
necessary to resolve the case.
The cash for the proposed settlement in the amount of $175,000 is available in
unrestricted reserves in the Central Insurance Fund and would be transferred to
the Airpark Fund as part of the mid -year budget amendments to make the
payment.
5. Solid Waste/General Support Services
5.1 Award a contract (Blanket Purchase Order) to Jet Age Fuel of Clearwater, FL for
an amount not to exceed $5,900,000 for the purchase of unleaded and diesel fuel
for City Motorized equipment as per the award of City of Clearwater RFP 19-10
during the contract period May 1, 2010 through April 30, 2011 and authorize the
appropriate officials to execute same. (consent)
This blanket purchase order covers the purchase of unleaded and diesel fuel
delivered to the City fuel facility located at the Solid Waste compound on Hercules
Ave. This fuel is used for all City equipment.
This is the first year of a two year contract.
Work Session 2010-04-13 5
Current price for unleaded is $2.59 and diesel is $2.56 per gallon. Research
indicates that the cost of fuel will continue to rise to a level above $3.25 per gallon
in the next 12 months. The not to exceed amount was determined by using the
averaging method for two month segments.
In response to a question, Solid Waste/General Services Assistant Director Rick
Carnley said staff considered partnering with other agencies in a joint purchase but the
city’s price was cheaper.
6. Engineering
6.1 Approve the applicant’s request to vacate the 10-foot drainage and utility
easement lying along the west side of the east property line of Lot 18, Countryside
Tract 56, Unit 1 (a.k.a. 3245 Hyde Park Drive), and approve Ordinance 8170-10
on first reading, (VAC2010-02 Walker).
The applicant is seeking to vacate the easement due to the existence of a
swimming pool and enclosure presently encroaching 5.9 feet into the subject
easement.
The swimming pool and enclosure were permitted in 1982, prior to review
procedures currently used to prevent construction in easements.
Verizon, Progress Energy, Knology and Bright House Networks have no utilities in
the easement and no objections to the vacation requested.
The City of Clearwater has no utilities in the subject easement and no future need
for this easement is anticipated.
The Engineering Department has no objections to the vacation request.
6.2 Approve a design work order to Engineer of Record, King Engineering Associates,
Inc. in the amount of $136,621.00 for the Advanced Pollution Control Facilities
Clarifier Evaluation and Rehabilitation Project (09-0045-UT) and authorize the
appropriate officials to execute same.(consent)
The City’s Advanced Pollution Control Facilities (APCF), Marshall, Northeast and
East, utilize clarifiers as part of their treatment process. The Northeast plant has
eight clarifiers, the Marshall plant has four clarifiers, and the East plant has two
clarifiers. The clarifiers’ internal components have been repaired and randomly
replaced over the years as part of routine maintenance and other improvements.
The City has budgeted funds over the next four years to evaluate the performance
of the clarifiers and make necessary improvements to optimize efficiency of the
wastewater treatment process. These primary treatment clarifiers are a key part of
Work Session 2010-04-13 6
the wastewater treatment processes. The effluent enters the clarifiers after the
solids and grit have been removed. The organic suspended solids settle out in
the form of sludge and are mechanically removed from the bottom of the
clarifiers. Grease, oil and other floating substances are removed by surface
skimming equipment.
The City envisions that the evaluation of the existing clarifiers will result in
recommended improvements. King Engineering will develop design documents
for rehabilitation at each APCF to bid separately or as one construction project
depending on the amount of work.
Sufficient 09 Water and Sewer bond proceeds are available in 0376-96664, WPC
R and R in the amount of $136,621 to fund the Work Order.
6.3 Approve contracts to Williams Testing LLC of Sarasota, FL in the amount of
$406,000 for Sanitary Sewer Rehabilitation; to Reynolds Inliner of Clearwater, FL
in the amount of $800,000 for Sanitary Sewer Cleaning and Televising Inspection;
to Rowland Inc. of Pinellas Park, FL in the amount of $600,000 for Sanitary Sewer
and Force Main Emergency Repair; to Concrete Conservation, Inc. of
Jacksonville, FL in the amount of $210,000 for Sanitary Manhole Rehabilitation;
and to SAK Construction of Jacksonville, FL in the amount of $209,000 for
Cleanouts Installation, which are the lowest responsible bids received in
accordance with the plans and specifications of the 2009-2010 Sanitary Sewer
and Manhole Rehabilitation Project (#09-0047-UT)and that all appropriate officials
be authorized to execute same. (consent)
The City has initiated a comprehensive maintenance program to clean, inspect,
rehab and repair existing sanitary sewer pipelines and manholes throughout the
City of Clearwater. The goal is to maintain the integrity of the sanitary sewer
system and minimize disruptions in service to our citizens.
Bids for the 2009-2010 Sanitary Sewer and Manhole Rehabilitation Project were
received February 25, 2010. Staff has reviewed bid unit prices, compared to last
years’ contracts and recommends award of these contracts to inspect, rehabilitate
and/or replace elements of the City’s sewer collection system that have been or
will be identified as deficient, in need of repair, or at the end of their useful life.
Williams Testing LLC will perform the Sanitary Sewer Rehabilitation Contract.
Work includes lining of selected sewer pipeline to rebuild the pipes’ structural
integrity according to city standard specifications, limiting inflow and infiltration.
Reynolds Inliner will perform the cleaning and TV inspection of selected sanitary
sewer systems in the Sanitary Sewer Cleaning and Inspection contract. This
process restores capacity by removing sediment and obstructions and also
accurately identifies defects that require corrective actions.
The work under the Sanitary Sewer and Force Main Emergency Repair Contract
will be performed by Rowland, Inc., which includes any repairs in the City’s waste
Work Session 2010-04-13 7
collection system that are deemed an emergency or critical and not identified in
other contracts.
Concrete Conservation, Inc. will perform manhole lining in the Sanitary Manhole
Rehabilitation section, and is responsible for all work, materials and equipment
required for completion, repairing structural defects and applying coatings to
reduce inflow and infiltration.
SAK Construction will perform the installation of cleanouts to sanitary laterals to
better maintain the sewer lateral and minimize costly replacement of sewer
laterals in case of stoppage.
The City of Clearwater will direct the contractor to those high priority areas as
established in the Sanitary Sewer Evaluation Study. These efforts will continue
until the entire budget of each contract is expended.
The City of Clearwater’s Public Utilities Department Wastewater Collection
Division is responsible for owning, operating and maintaining the wastewater
collection system including all gravity pipe lines and manholes that convey the raw
sewage to the lift stations and or City’s wastewater treatment facilities.
Sufficient budget and revenue are available with 2009 Water and Sewer Revenue
Bond proceeds in project 0376-96665, Sanitary Sewer R and R in the amount of
$2,225,000 for all the above contracts.
6.4 Accept a 25-foot Drainage and Utilities Easement over, under, across and through
a portion of the Northeast 1/4 of Section 18, Township 29 South, Range 16 East
as conveyed by Faith United Church of Christ, Inc., a Florida not-for-profit
corporation, in consideration of receipt of $10.00 and the benefits to be derived
therefrom. (consent)
The City has a 48-inch corrugated metal stormwater line that extends south from
Drew Street through the site of Faith United Church of Christ, 2401 Drew Street.
The existing pipe is rusting through in some locations and needs to be replaced.
The City proposes to replace the old pipe with a reinforced concrete pipe from
Drew Street to the south boundary of the property.
Additional contiguous easement is in process to extend the repairs across the
abutting northerly limits of the St. Petersburg College (SPC) campus to Teakwood
Drive. The total project will replace approximately 600 linear feet of pipe.
Although the large drainage pipe has been operational for decades, 30-year title
searches of both the church and college title records failed to locate any formal
easement granted to the City for its maintenance.
The subject easement formalizes City authority to replace and repair the storm
Work Session 2010-04-13 8
line across church property in perpetuity. It is anticipated SPC will grant similar
easement in the near future.
The pipe will be maintained by Stormwater Maintenance - Public Services.
6.5 Approve a contract to TLC Diversified, Incorporated of Palmetto, Florida, in the
amount of $316,445.10 for Lift Station 41 Rehabilitation (07-0009-UT) in
accordance with City Code Sec. 2.564(d), other governmental bid,and authorize
the appropriate officials to execute same. (consent)
Based on evaluations of the City’s sewer system, Lift Station 41 must receive high
priority for upgrade as part of the overall rehabilitation of the City’s wastewater
collection system. This construction includes the improvements to Lift Station 41,
rehabilitating the existing structure and replacing the existing equipment which is
in need of repair due to age and wear.
Lift Station 41 is located at 2495 Laurelwood Drive (Village on the Green
neighborhood).
Lift Station 41 is an aging duplex wet pit/dry pit lift station. The proposed
improvements at Lift Station 41 provides for the removal of the existing pumps,
piping and controls, rehabilitation of the existing structure, and the installation of a
new fiberglass wet well, precast valve vault, submersible pumps, Telemetry
Control Unit Panel and antenna and the necessary electrical and instrumentation
to complete the project.
TLC Diversified, Inc. is the present holder of the low bid, triennial, Lift Station
Repairs and Refurbishment Services contract with Seminole County (contract cc-
1220-03/TLC), entered into on February 2, 2004 and ending on July 30,
2010. The unit prices for this work are from that contract. The pricing was
competitively bid and is under the engineer’s estimated costs for construction
based upon current market prices. TBE Group prepared the design plans and
produced the engineer’s estimate, the piggy-back allows for quicker repairs,
reducing the City’s exposure to the station’s pending failure. The contractor will
reach final completion of the project by July 30, 2010 and will begin within 30 days
of a notice to proceed.
The City of Clearwater’s Public Utilities Department Wastewater Collection
Division is responsible for owning, operating and maintaining the wastewater
collection system including all gravity pipe lines and manholes that convey the raw
sewage to the lift stations and or City’s wastewater treatment facilities.
Sufficient budget and revenue are available with 2009 Water and Sewer Revenue
Bond proceeds in project 0376-96686, Pump Station Replacement in the amount
of $316,445.10 to fund this contract.
6.6 Approve Change Order 1 for the 2009 Bridge Rehabilitation Project to Castco
Work Session 2010-04-13 9
Construction Inc., of Largo, Fl in the amount of $26,474.99 for a new total contract
amount of $181,982.75 and authorize the appropriate officials to execute
same.(consent)
February 18, 2010 City Council awarded the 2009 Bridge Rehabilitation Project to
Castco Construction Inc, of Largo, Fl in the amount of $155,507.76.
While the contractor is on site to perform bridge repairs, the contractor will clean
and paint two exposed sections of water main pipe and two exposed sections of
reclaim pipe; replace steel anchors on one section that was previously damaged
by a vehicle; cap and remove a 28 foot section of badly deteriorating abandoned
pipe under a bridge span; and remove, replace and paint two exposed sections of
sanitary main that have cracked flanges for $26,474.99, for a total contract value
of $181,982.75.
Sufficient budget and revenue are available in Capital Improvement Program
(CIP) project 0315-96721, System R&R Maintenance in the amount of $7,158.48,
2009 Water and Sewer Bond proceeds in projects 0376-96739, Reclaim Water
Distribution System in the amount of $7,115.24 and 0376-96665, Sanitary Sewer
R and R in the amount of $12,201.27 for a total of $26,474.99.
In response to a question, Engineering Director Mike Quillen said the original contract
was put together based on the Department of Transportation’s (DOT) inspection report
on bridges. DOT does not inspect the utilities. Mr. Quillen said the utilities were
inspected during the project and staff was informed of the maintenance issues.
In response to a concern, it was stated that staff tries to limit change orders and bring
before council when needed.
6.7 Approve Change Order 1 for the 2009 Sidewalk Project to Kilgore Construction,
LLC of Largo, Fl, in the amount of $119,715.75 for a new total contract value of
$413,219.68 and authorize the appropriate officials to execute same. (consent)
December 17, 2009, City Council awarded the 2009 Sidewalk Project to Kilgore
Construction, LLC of Largo, FL, in the amount of $293,503.93 for the repair and
replacement of sidewalks throughout the City of Clearwater, as well as build new
sidewalks in the East Gateway District.
Change Order 1 is to add new sidewalks in the East Gateway District and provide
ADA compliance for other sidewalks within the City of Clearwater for an increase
to the contract in the amount of $119,715.75 for a new contract total of
$413,219.68.
The new sidewalks in the East Gateway District are being funded by a Community
Development Block Grant (CDBG) in the amount of $146,395. The sidewalks
Work Session 2010-04-13 10
included in the original contract used $38,228.70 of that funding. Additional
locations for East Gateway District sidewalks have been identified and will be
constructed using the remaining CDBG funds, while retaining the prices of the
2009 Sidewalk contract.
Additionally, other sidewalks within the City of Clearwater have been identified
that require truncated domes to be installed to meet ADA compliance at the same
pricing as the 2009 Sidewalk Project.
Sufficient budget and revenue are available in Capital Improvement Program
(CIP) projects 0315-92273, Streets and Sidewalks in the amount of $6,050.00,
0315-92339, New Sidewalks in the amount of $5,499.45 and 0181-99628, CDBG-
R East Gateway Sidewalk Improvements in the amount of $108,166.30 for a total
amount of $119,715.75 to fund the change order.
6.8 Accept a 330.73 square foot Right of Way and Utilities Easement over, across,
under and through a portion of Lot 200 of the plat of MORNINGSIDE ESTATES
UNIT 1 conveyed by Congregation Beth Shalom, Inc., a Florida not-for-profit
corporation, given in consideration of receipt of $3,310.00 and the benefits to be
derived therefrom. (consent)
The Morningside Traffic Calming Project is the City’s response to long standing
requests for a solution to speeding vehicles in this residential neighborhood.
The Traffic Calming Plan was developed by neighborhood residents at a City-
sponsored charrette workshop, then field verified by engineers. The resulting plan
was then approved by petition signatures of 65% of the Morningside Estates
property owners.
Morningside residents proposed three modern, single lane roundabouts in their
plan. The roundabouts will be constructed at the Harn Boulevard intersections
with Summerlin Drive, Steward Boulevard, and Clairborne Drive.
On October 22, 2009 Council adopted Resolution 09-43 dedicating a 4,313
square foot parcel of land from Morningside Recreation Center lands as additional
right-of-way to facilitate the proposed roundabout at Stewart Boulevard. The
subject easement at the southwest corner of Harn and Claiborne provides
sufficient additional right-of-way to construct the planned roundabout at that
intersection.
No additional right-of-way is required at Summerlin Drive for R.A.M. Excavation of
Palm Harbor to construct the proposed Morningside Traffic Calming Project
pursuant to contract awarded by Council on March 18, 2010.
7. Planning
Work Session 2010-04-13 11
7.1 Approve the Annexation, Initial Land Use Plan Designation of Residential Low
(RL) and Initial Zoning Atlas Designation of Low Medium Density Residential
(LMDR) District for 1404 Seabreeze Street (Lot 20, Block B, Sunny Park Groves
in Section 23, Township 29 South, Range 15 East); and pass Ordinances 8160-
10, 8161-10 and 8162-10 on first reading.(ANX2010-02001)
This voluntary annexation petition involves a 0.15-acre property consisting of one
parcel of land occupied by a single-family dwelling. It is located on the north side
of Seabreeze Street, approximately 65 feet east of Sunny Park Road. The
applicant is requesting this annexation in order to receive sanitary sewer and solid
waste service from the City. The Planning Department is requesting that the
0.09-acres of abutting Seabreeze Street right-of-way not currently within the City
limits also be annexed. The property is contiguous to existing City boundaries to
the west. It is proposed that the property be assigned a Future Land Use Plan
designation of Residential Low (RL) and a zoning category of Low Medium
Density Residential (LMDR).
The Planning Department determined that the proposed annexation is consistent
with the provisions of Community Development Code Section 4-604.E as follows:
The property currently receives water service from the City of Clearwater. The
closest sanitary sewer line is located in the Sunny Park Road right-of-way and the
applicant has paid the City’s sewer impact and assessment fees and is aware of
the additional costs to extend City sewer service to this property. Collection of
solid waste will be provided by the City of Clearwater. The property is located
within Police District II and service will be administered through the district
headquarters located at 645 Pierce Street. Fire and emergency medical services
will be provided to this property by Station 47 located at 1460 Lakeview
Road. The City has adequate capacity to serve this property with sanitary sewer,
solid waste, police, fire and EMS service. The proposed annexation will not have
an adverse effect on public facilities and their levels of service; and
The proposed annexation is consistent with and promotes the following objective
of the Clearwater Comprehensive Plan:
Objective A.6.4 Due to the built-out character of the City of Clearwater, compact
urban development within the urban service area shall be promoted through
application of the Clearwater Community Development Code.
Objective A.7.2 Diversify and expand the City’s tax base through the annexation
of a variety of land uses located within the Clearwater Planning Area.
Policy A.7.2.3 Continue to process voluntary annexations for single-family
residential properties upon request.
Work Session 2010-04-13 12
The proposed RL Future Land Use Plan category is consistent with the current
Countywide Plan designation of this property. This designation primarily permits
residential uses at a density of 5 units per acre. The proposed zoning district to
be assigned to the property is the Low Medium Density Residential (LMDR)
District. The use of the subject property is consistent with the uses allowed in the
District and the property exceeds the District’s minimum dimensional
requirements. The proposed annexation is therefore consistent with the
Countywide Plan, City’s Comprehensive Plan and Community Development
Code; and
The property proposed for annexation is contiguous to existing City boundaries to
the west; therefore the annexation is consistent with Florida Statutes Chapter
171.044.
8. Official Records and Legislative Services
8.1 Appoint one member to the Neighborhood and Affordable Housing Advisory
Board (NAHAB) with the term to expire April 30, 2014.
Consensus was to appoint Kip Corriveau.
8.2 Appoint Norma Carlough as the Alternate member to the Community
Development Board with term to expire April 30, 2014. (consent)
Staff was directed not to place item on the Consent Agenda.
8.3 Appoint Sultana Sophie Volaitis, in the artist category, to the Public Art and
Design Board (Artist rep.) with term to expire April 30, 2014. (consent)
9. Legal
9.1 Approve amendments to the Community Development Code to address judicial
findings regarding provisions of the sign code, and pass Ordinance 8158-10 on
first reading. (TA2010-01001)
The Office of the City Attorney is proposing amendments to the sign code
provisions of the Community Development Code that address areas judicially
identified in federal litigation.
The amendments delete the definition of “sign, holiday decoration” and delete the
category of “holiday decorations” from signs allowed as of right without
development review. They also amend the definitions of “art work” and “sign”.The
staff report contains further analysis and information on the proposed
amendments.
Work Session 2010-04-13 13
The Community Development Board (CDB) reviewed the proposed text
amendment at its meeting of March 16, 2010. The Board unanimously
recommended the amendment for approval. Since the CDB meeting, legal staff,
because of concern about possible proliferation of commercial murals, has
amended the text amendment to reinstate the language classifying such items as
signs, but classifying “pure” first amendment expression as “art work” which may
be permitted without development review.
The Office of the City Attorney is recommending Council take action on the
ordinance as proposed.
Discussion ensued regarding obtaining outside counsel to review the sign code and any
proposed changes.
In response to questions, Assistant City Attorney Leslie Dougall Sides said staff is
reviewing the Chamber’s recommendations regarding signs. The Chamber created
subcommittees to review the code and propose recommendations.
The City Attorney said the proposed ordinance addresses the issues raised by the
court. Enforcement issue will be looked at as it comes up.
Staff was directed to provide a timeframe for submitting proposed sign code changes by
Thursday.
9.2 Amend Clearwater Code of Ordinances Section 28.041, Soliciting, collecting, etc.,
upon streets, to enhance its constitutional defensibility and pass Ordinance 8159-
10 on first reading.
In 1999, the City Council adopted Ordinance 6392-99. The ordinance clarified
Section 28.041, Clearwater Code of Ordinances, to prohibit individuals from
soliciting from the occupants of a motor vehicle being operated on publicly-owned
streets, garages, and parking lots.
In 2008, the City Council requested the City Legal Department draft an
amendment to Section 28.041 to allow solicitors to solicit so long as the solicitors
complied with a list of criteria contained in Section 316.2045(3), Florida Statues.
During the last several months, Clearwater Police officers have had to take
enforcement action against a number of homeless individuals who have been
aggressively soliciting at heavily-traveled intersections in Clearwater.
The public defender’s office has indicated that the office intends to challenge or,
at least, assist homeless individuals with challenging the constitutionality of
Section 28.041.
Work Session 2010-04-13 14
Because the public defender’s office has already been successful in having the
state attorney’s office dismiss all prosecutions under Section 316.2045, Florida
Statutes, based on constitutional grounds, it is necessary to amend Section
28.041 to enhance its constitutional defensibility.
The changes include the following: to clarify that any individual is authorized to
seek a permit to solicit on publicly owned streets; to impose a time limit on the
issuance of the permit by the police chief; to allow an applicant to seek a waiver of
the insurance requirements based on the applicant’s financial disability or inability
to obtain insurance; and to provide an aggrieved applicant a right to appeal the
denial of a permit to the city manager or the city manager’s designee.
The City Attorney said the city already requires a permit to solicit. The proposed
ordinance adds provisions that make it more defensible. It is preferred soliciting be
prohibited.
10. City Manager Verbal Reports
10.1 City Manager Verbal Reports - None.
11. Council Discussion Items
11.1 Hotel Accessory Use - Cretekos
Item was continued to May 3, 2010.
11.2 Budget Work Session Follow up - Jonson
1) Request a budget meeting presentation on tax increase: a) who gets hit? b)
who saves money? c) show several situations with and without Save Our Homes,
with increasing and decreasing millage.
2) Feedback of 3/16 workshop expectations by City Manager (what he heard).
3) To what degree do you agree that we need to demonstrate we are aggressive
in managing our costs before we take action to raise taxes or cut services?
4) What benchmarks does the City have with other cities?
5) Do you support reconvening the Budget Task Force from 2007?
6) Confirm what will be on the "Budget working documents" section of the Office
of Management and Budget Internet site.
Work Session 2010-04-13 15
Ques. 1:
Councilmember Bill Jonson expressed concerns with impact Amendment 1 has had on
property owners with Save Our Homes.
It was stated that Council has been discussing the issue for the past three years.
Property owners with Save Our Homes will see an increase in property taxes and those
without Save Our Homes will see a decrease in property taxes.
Ques. 2
The City Manager said staff understands Council has a strong sensitivity to increasing
the millage, using reserve funds, and reducing city services or facilities. Staff will craft a
preliminary budget that will likely undergo some changes.
Ques. 3
The City Manager said the city has joined the Florida Benchmark Consortium. It is
anticipated that over time Clearwater will get a good measure of how it compares to
other cities. There has been a period of time it did not matter what other cities were
doing; Clearwater had its own mindset in how to provide services.
Councilmember Bill Jonson suggested the Budget Task Force be reconvened. He said
he would not be able to support the budget if benchmarks and comparative data are not
available.
It was stated that the city has been aggressive in the management of its costs and
actively comparing its services and benefits to other cities. It was added that
benchmarking should be approached with caution as each city provides services
differently. The city has already addressed 95% of the Budget Task Force’s
recommendations.
There was no consensus to reconvene the Budget Task Force.
11.3 City Organization Chart - Jonson
Item was discussed at the April 15, 2010 Council Meeting.
12. Closing Comments by Mayor - None.
13. Adjourn
Work Session 2010-04-13 16
The meeting was adjourned at 1:02 p.m.
Work Session 2010-04-13 17