05/17/2010
CITY COUNCILWORKSESSION MINUTES
CITY OF CLEARWATER
May 17, 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.
The meeting was called to order at 9:00 a.m. at City Hall.
1. Presentations
1.1 Service Awards
Seven service awards were presented to city employees.
The May 2010 Employee of the Month Award was presented to Laura Cameron, Public
Utilities. The Bi-monthly Team Award fro May/June 2010 was presented to the
Firehouse Software Implementation Team: Chris Trauner, Jason Herman and Karen
Farnham.
The Council recessed from 9:12 a.m. to 9:13 a.m. to meet as the Pension Trustees.
2. Marine and Aviation
2.1 Approve a conditional assignment of lease from Civil Air Patrol SER FL153, an
auxiliary of the United States Air Force, at the Clearwater Airpark, 1000 N.
Hercules Avenue, Clearwater, to Civil Air Patrol in general and authorize the
appropriate officials to execute same. (consent)
The Civil Air Patrol (CAP) is a volunteer organization and the official auxiliary to
the US Air Force. The Civil Air Patrol SER FL153 has disbanded and been
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replaced with SER FL447. The CAP has asked not to designate a specific unit as
they are all under the Civil Air Patrol umbrella.
The current three year lease agreement with CAP SER FL153 terminates
December 31, 2010. The CAP SER FL447 wishes to continue operating from their
trailer on a slab at airpark property adjacent to the parking area under the
remainder of the lease term, and renew once it expires. The future plans for the
airpark call for a new airpark office/support building. The new structure,
approximately 6,000 square feet, has about 3 times the size of the former building
and has enough joint use meeting and training space to accommodate the
CAP. They will be required to remove the trailer when construction of the new
airpark office/support building construction begins, at no cost to the City.
The CAP pays its own utilities and provides volunteer labor and supervision for
airpark open houses and airpark beautification projects.
3. Parks and Recreation
3.1 Approve a three-year Partnership and Operational Support Agreement from May
1, 2010 April 30, 2013, between the City of Clearwater and the North Greenwood
Community Coalition (NGCC), a non-profit 501C-3 organization, for the use and
supervision of the Holt Avenue Youth Center located at 1250 Holt Avenue and
authorize the appropriate officials to execute same. (consent)
In October 2004 and October 2007, the City Council approved an agreement with
the Bethany Education and Human Services Program, Inc. (Agency) for the use of
the Holt Avenue Youth Center to provide youth programming and services. The
agency did not renew the agreement at the end of the second term.
Since that time, the building has been abandoned and not used by any other
group. Staff was preparing to demolish the building since budgets to support this
building ended with the agreement in October 2007. Staff is still of the opinion that
if this agreement is not approved and the building is not used for other city
purposes that the building be demolished.
NGCC approached the city about using the building under the same terms and
conditions that the Agency previously negotiated with the city.
This agreement will allow for the NGCC to offer educational and cultural programs
for the benefit of neighborhood and Clearwater area youth and adults. Some of
the core programs include academic enhancement activities, computer technical
skills programs, student self-esteem programs, cultural enrichment programs and
substance abuse prevention services.
NGCC will 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; and provide an annual
audit and management letter.
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NGCC is responsible for all daily maintenance of the facility and will pay all
operating expenses associated with the Center including but not limited to electric,
water, sewer, solid waste bill for dumpster, custodial and all other interior and
exterior building maintenance.
The City will provide no funding or other in-kind services under this agreement
with the exception of providing lawn and landscape maintenance for all areas
around the Center.
3.2 Award a contract to Certus Builders, Inc. of Tampa, Florida, Bid 08-0064-PR, for
the construction of a new restroom building at Mandalay Park, which includes
alternates 1, 2, 3, 5 and 6 and a 10% contingency, for the sum of $150,191.80
and authorize the appropriate officials to execute same. (consent)
For the past 20 years the City has provided public restrooms in 5 locations on
Clearwater Beach. Portalet type facilities are located in small wood framed
buildings at the far southern end of Beach Walk, near the Life Guard building, at
Pier 60 Park and Mandalay Park. In addition, there is a public restroom in the
concession building on south beach.
These restrooms are heavily used and have become difficult to maintain and keep
in a presentable fashion. A capital improvement project was approved several
years ago to repair or replace the existing 6-pack type restrooms.
This contract is to replace the 6-pack type restroom located in Mandalay Park by
constructing a new 800 square feet building with men’s and women’s
restrooms. Alternates 1, 2, 3, 5 and 6 allow the contractor to construct the building
with a barrel vault aluminum tile roof, silikap epoxy floor finish, gutters, restroom
clean outs and 6-inch storm sewer line. With out these alternates the restroom
would have a galvalum metal roof, concrete floor, no gutters and the clean outs
and storm sewer line would have to be constructed by others or in house. The
existing 6-pack type restroom will be available to the public until the new one is
opened, at which time it will be demolished and removed from the park.
The new restroom will blend in well with its park surroundings and be a much
more aesthetically pleasing building than the existing 6-pack type restroom.
Funding for this project will come from existing CIP 315- 93273.
The restrooms at Pier 60 Park and by the Life Guard building will be demolished
and replaced by an expanded restroom at Pier 60. Construction of this new facility
will not be completed for at least 18 to 24 months or until the new lease for the
operations of Pier 60 concessions can be negotiated. Staff hopes to require that
the operator of Pier 60 concessions be responsible for the maintenance and
supervision of the expanded public restrooms.
The restroom to the far south of Beach Walk is in a velocity zone and we will not
be able to construct a new restroom on the sight. Therefore, the restroom has
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been renovated at its current location.
In response to a question, Parks and Recreation Director Kevin Dunbar said there are
no restrooms in city park facilities where there is no staff.
4. Solid Waste/General Support Services
4.Award a contract to Honeywell Building Solutions of Orlando, FL for the installation
1 and service of energy saving equipment in various City owned buildings at a cost of
$3,498,000 in accordance with Sec. 2.56(1)(d), Code of Ordinances Other
governmental bid and authorize the appropriate officials to execute same; establish
Project 315-94527 (Honeywell Performance Contract) and authorize transfer of
$808,592 from General Fund Reserves and $205,746 from Garage Fund Reserves
to the project and the transfer of $700,000 from Special Development Fund Penny
for Pinellas Reserves to 315-94524 (Long Center Major Infrastructure
Improvements). (consent)
The contract and purchase of this equipment is based on the State of Florida Energy
Savings Contract 973-320-08-1.
Audits were conducted on the following facilities to determine the potential savings
based on replacement of more efficient lighting, air conditioning systems, automation
of climate controls and recreation center pool equipment. The descriptions of the
scope of work are:
High Efficiency Lighting Upgrades – the light fixtures and ballast will be replaced to
accommodate high efficiency fluorescent bulbs. If the fixtures have recently been
replaced then the bulbs will be replaced after the fixtures are cleaned and the
ballasts are properly tested. Occupancy sensors will be installed in certain areas to
control the light when the room is not occupied. New 365 day time clocks will be
installed to control outside lighting through proper programming. Buildings where is
will be done are: Gas Division Administration, Gas Meter shop, Gas Sales Office,
MSB, General Services – Fleet Maintenance, General Services – Building and
Maintenance Shops, City Hall, Main Library, Long Center Aquatic center, Main
Police Station, Countryside Police Station, Beach Police sub station, North
Greenwood Library, Beach Library, Public Services Bldg. B,Public Services Traffic
Shop – E, Solid Waste Transfer Station and Scale House and Garden Avenue
Parking Garage
High Efficiency HVAC Upgrades – The equipment will be replaced with new, highly
efficient equipment as noted and will be capable of achieving the savings listed in
the performance contract. Duct cleaning in the UPARC building will be conducted
and filtration system installed. The upgrades will be: Gas Division Administrative
building – Replace 60 Ton air cooled chiller; City Hall – Replace two dual duct air
handlers; Long Center UPARC – Replace 10 roof mounted units with high efficiency
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electric cool, gas heat units; Long Center Gymnasium – Install new duct sox system
and motorized outside air dampers; Public Services – Bldg E – Replace (2) 7.5 ton
units; Transfer Station Scale House – Replace a 2 ton unit with electric heat.
HVAC Control Automation Upgrade- Installation of a building manager program in
each building noted below that will give control of every thermostat to one
centralized location to maintain constant temperatures throughout the City. This
program is web based and can be viewed by anyone on the City network that has
approval to view. The locations currently under our control will be added to the
network system. Each thermostat will have a graphic display that illustrates the
activity of the units. The main control point for the system will be located at General
Services. The thermostats in the following buildings will be replaced: Long Center,
Gas Division Administrative building, Gas Service Warehouse, Beach Police sub
station, Countryside Police Impound Lot, Public Services bldg A, Public Services
bldg E and Solid Waste Transfer Station Office.
Pool Upgrade Hi-Efficiency Motors – Upgrade the pump motors at the Long Center
pool to premium efficiency motors and install turbine flow meter in return line. Also,
variable frequency drives will be installed to manage the pump activity during high
demand and reduce operation during low demand to save energy.
Long Center Roof – This project covers the installation of silicone roof coating over
polyurethane foam to existing roof after installation of the new roof mount air
conditioning systems.
This contract provides for a guaranteed energy savings on a yearly basis for the
term of the agreement. This agreement will be in effect for 15 years. The first year
energy savings is $198,644 and the total savings over the term period is $4,217,851.
Each year an audit will be performed to determine the actual expenses incurred as
compared to the established baseline and if the savings are lower than the
guaranteed amount then Honeywell will pay us the difference. If the savings is
greater, we will keep the added savings.
Breakdown by funding source and project is as follows:
181-
Stimulus – Energy
Grant Funds $463,400 99859
EfficiencyRetrofit
Honeywell Performance
General Fund $808,592
315-94527
Reserves
Contract
$700,000 Long Center Major Infra.
Penny for Pinellas 315-94524
Improvements
Aging Well Project
$900,000 315-93615 Aging Well Center
(Penny)
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Gas
Gas Building
Fund $348,335 315-96384
Renovations
Parking Garage
Parking Fund $25,947 315-92632
Structure Repair
Water and Sewer
$5,943 327-96523 Public Utilities
Fund
Solid Waste
$28,593 315-96426 Facility R and R
Fund
$205,746 Honeywell Performance
Garage Fund Reserves 315-94527
Contract
General Services
$11,444 565-06531 Operating Funds
Fund
$3,498,000
In response to a question, the City Attorney said Councilmember Bill Jonson did not
need to recuse himself.
5. Engineering
5.1 Ratify and Confirm Emergency Change Order Two in the amount of $85,481.44
for emergency restoration of the railroad crossings at Drew Street, Laura Street,
Park Street, Pierce Street and East Avenue from Park Street to Laura Street.
(consent)
Emergency Change Order Two is to cover the restoration of the railroad crossings
at Drew Street, Laura Street, Park Street, Pierce Street and the segment of East
Avenue’s northbound lane from Park Street to Cleveland Street and Cleveland
Street to Laura Street.
This work was necessitated by the fact there was little warning from CSX
Transportation that they were going to replace all the railroad ties from St.
Petersburg to Tampa along this line. This notice did not provide adequate time to
budget for this expense.
All railroad crossing restoration is up to the local government jurisdiction,
dependent upon whether they deem the crossings necessary to the public
benefit.
A midyear amendment will transfer $85,481.44 of Road Millage from Capital
Improvement Program (CIP) project 0315-92273, Streets and Sidewalks to CIP
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0315-92343, East Ave Trail to fund the Change Order.
In response to questions, Traffic Operations Manager Paul Bertels said the East Trail
Project is on hold until the railroad crossing renovations are completed. Court Street
will be closed for a week to 10 days and then continue to Chestnut Street. The project
entails replacing the wooden ties. The estimated cost for a rubberized crossing is
$250,000; compared to concrete at $500,000.
Concerns were expressed regarding the anticipated timeframe and projected costs.
There was consensus for the Mayor to contact Florida DOT District Secretary Donald
Skelton to discuss concerns.
5.2 Approve the Supplemental Engineering Design Services Work Order to King
Engineering Associates, Inc., Engineer of Record(EOR), in the amount of
$98,616.00 for the Marshall Street Water Reclamation Facility Sand Filter
Rehabilitation Project (09-0045-UT)and authorize the appropriate officials to
execute same. (consent)
The Marshall Street Water Reclamation Facility (WRF) utilizes twelve (12)
Siemens Zimpro Hydro-Clear rapid sand filters to reduce the total suspended
solids (TSS) in the secondary clarifier effluent prior to discharge to Stevenson’s
Creek. The chlorinated effluent meets the requirements for public access reuse
and therefore is used for in-plant service water purposes and for supply to the
city’s reuse system. The filters were first installed during a 1988 upgrade to the
WRF and, over time, several deficiencies developed that reduced the efficiency
and reliability of the filters, including uneven flow distribution between and within
the filters, leaking valves and weirs, corroded steel members and lost media.
The original work order was approved by the City Manager on September 24,
2009 in the amount of $38,461.00. The work order authorized King Engineering to
evaluate the Marshall Street WRF filters to determine extent of necessary repairs
and associated costs.
In December 2009, King issued its report and recommended that filter
improvements be made. The supplemental work order is for design of these
recommended improvements.
The original and supplemental work orders total $137,077.00.
The design phase is anticipated to be complete by September 30, 2010, with the
construction phase scheduled for completion by December 31, 2011.
The Public Utilities Department shall own and maintain the proposed
improvements included in this design Work Order.
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Sufficient 2009 Water and Sewer Bond proceeds are available in 0376-96664,
WPC R and R, in the amount of $98,616.00 to fund this Work Order.
5.3 Approve the applicants request to vacate alleys and portions of the street rights-
of-ways of Virginia Avenue, Eastwood Drive, Meadowlark Lane, Kentucky Avenue
and Bay Street (aka 110 North McMullen Booth Road)as more particularly
described in the ordinance and approve Ordinance 8169-10 on first reading,
(VAC2010-10 First Baptist Church of Clearwater, Inc.).
The applicant, First Baptist Church of Clearwater, Inc. and Calvary Baptist Church
is seeking the vacation in order to permit future expansion of church facilities on
the adjacent properties now owned by the Church.
Bright House, Verizon, Progress Energy and Knology have no objections to the
vacation request. The City presently owns and maintains sanitary sewer, storm
sewer and potable water utilities in the rights-of-way proposed to be vacated. The
applicant will assume ownership and maintenance responsibilities for the existing
sanitary and storm sewers present in the area proposed to be vacated. The City
will retain ownership of all unrestricted water mains via a 10-foot easement to be
retained pursuant to Ordinance 8169-10Fire Department access will be retained
for all remaining structures on the applicant’s properties via the existing roadways
until such time as the property is redeveloped.
The Engineering Department has no objections to the vacation request provided
that the 10-foot water main easement is retained over all existing city water mains
in the street portions proposed to be vacated.
Staff requested the item be continued to June 3, 2010.
6. Planning
6.1 Approve the Annexation, Initial Land Use Plan Designation of
Residential/Office/Retail (R/O/R) and Initial Zoning Atlas Designation of Medium
Density Residential (MDR) District for 2552 Arbelia Street (A Portion of Lot 9,
Blackburns Subdivision in Section 6, Township 29 South, Range 16 East); and
pass Ordinances 8163-10, 8164-10 and 8165-10 on first reading.(ANX2010-
02002)
This voluntary annexation petition involves a 0.27-acre property consisting of one
parcel of land occupied by a single-family dwelling. It is located on the north side
of Arbelia Street and the east side of Lawson Road, approximately 435 feet west
of US Highway 19 North. The applicant is requesting this annexation in order to
receive sanitary sewer and solid waste service from the City. The property is
contiguous to existing City boundaries to the north and west. It is proposed that
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the property be assigned a Future Land Use Plan designation of
Residential/Office/Retail (R/O/R) and a zoning category of Medium Density
Residential (MDR).
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 Pinellas County. The closest
sanitary sewer line is located in the adjacent Lawson Road right-of-way. 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 III and service will be administered through the district
headquarters located at 2851 N. McMullen Booth Road. Fire and emergency
medical services will be provided to this property by Station 48 located at 1700 N.
Belcher Road. The City has adequate capacity to serve this property with sanitary
sewer, solid waste, police, fire and EMS service. The proposed annexation will not
have an adverse effect on public facilities and their levels of service; and
The proposed annexation is consistent with and promotes the following objectives
and policy of the Clearwater Comprehensive Plan:
Objective A.6.4 Due to the built-out character of the City of Clearwater, compact
urban development within the urban service area shall be promoted through
application of the Clearwater Community Development Code.
Objective A.7.2 Diversify and expand the City’s tax base through the annexation
of a variety of land uses located within the Clearwater Planning Area.
Policy A.7.2.3 Continue to process voluntary annexations for single-family
residential properties upon request.
The proposed R/O/R Future Land Use Plan category is consistent with the current
Countywide Plan designation of this property. This designation primarily permits
retail, office and residential uses at a density of 18 units per acre. The proposed
zoning district to be assigned to the property is the Medium Density Residential
(MDR) 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 north and west; therefore the annexation is consistent with Florida Statutes
Chapter 171.044.
Council Work Session 2010-05-17 9
6.2 Approve the Annexation, Initial Land Use Plan Designation of Commercial
General (CG) and Initial Zoning Atlas Designation of Commercial (C) District for
1335 and 1337 S. Missouri Avenue (Lots 6 and 7, Missouri Heights Subdivision in
Section 22, Township 29 South, Range 15 East); and pass Ordinances 8171-10,
8172-10 and 8173-10 on first reading.
This voluntary annexation petition involves two parcels with a recorded
Declaration of Unity of Title consisting of 0.292 acres. The subject property is
occupied by two commercial buildings currently undergoing major renovations to
accommodate office use. The subject property is located on the east side of S.
Missouri Avenue, approximately 390 feet south of Lakeview Road. The applicant
is requesting an annexation in order to receive City of Clearwater sanitary sewer
service. The applicant currently receives city solid waste services. The Planning
Department is requesting that the 0.16 acres of abutting S. Missouri Avenue right-
of-way not currently within the city limits also be annexed. The subject property is
contiguous to existing city boundaries to the west, south and east. It is proposed
that the subject property be assigned a Future Land Use Plan designation of
Commercial General (CG) and a zoning category of Commercial (C).
The Planning Department determined that the proposed annexation is consistent
with the provisions of Community Development Code Section 4-604.E as follows:
The subject property currently receives city water service. The closest sanitary
sewer line is located in the S. Missouri Avenue right-of-way. 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 the subject property. Solid waste service is
currently provided by the City. The subject 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 the subject
property by Station 47 located at 1460 Lakeview Road. The City has adequate
capacity to serve the subject 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.
Council Work Session 2010-05-17 10
The proposed designation of the CG Future Land Use Plan category to the
subject property is consistent with the Countywide Plan designation. The CG
designation primarily permits office, retail, personal service, overnight
accommodations, wholesale and warehouse uses at maximum floor area ratio of
0.55. The proposed designation of the Commercial (C) zoning district to the
subject property is consistent with office use of the two buildings on-site. Major
site and building renovations permitted by Pinellas County were based on review
and input from Clearwater’s Planning & Development Department to ensure
conformity with Clearwater Community Development Code standards and
requirements. Although the property will be nonconforming to Clearwater Code
requirements for setbacks, landscape buffers and the number of parking spaces
upon annexation, the site modifications would have been allowed in the C District
through a Level Two Flexible Development application. Based on the foregoing,
the proposed annexation is consistent with the Countywide Plan and the City’s
Comprehensive Plan and Community Development Code; and
The property proposed for annexation is contiguous to existing City boundaries to
the west, south and east; therefore, the annexation is consistent with Florida
Statutes Chapter 171.044.
6.3 Approve amendments to Beach by Design: A Preliminary Design for Clearwater
Beach and Design Guidelines, establishing standards to reduce building massing
along Coronado Drive for overnight accommodations using the Hotel Density
Reserve; and pass Ordinance 8157-10 on first reading.
In 2008, the City of Clearwater established the Hotel Density Reserve in Beach by
Design to incentivize hotel development on Clearwater Beach. In October 2009,
the City Council expressed concerns about the probable use of the Hotel Density
Reserve by properties along Coronado Drive and the potential to create a canyon
effect. Council requested Planning and Development Department staff to study
potential hotel development along Coronado Drive to determine if design
standards should be established to create view corridors and minimize building
bulk and massing. The study indicated that standards for building stepbacks
would reduce massing of future buildings on Coronado Drive; however, parcel
configurations along the street would preclude the creation of meaningful view
corridors.
Based on the study recommendations, the Planning and
Development Department recommends the following standards be incorporated
into Beach by Design:
For buildings providing the established minimum front setback of 15 feet, the
minimum depth of building stepbacks shall be 15 feet at a height not greater than
25 feet;
For buildings providing a front setback of less than 15 feet and greater than or
equal to 10 feet, the minimum depth of the stepback shall be 15 feet plus an
Council Work Session 2010-05-17 11
additional one and one-half feet for every one foot reduction in the established
minimum front setback at a height not greater than 20 feet;
For buildings providing a front setback of less than 10 feet, the minimum depth of
the stepback shall be 15 feet plus an additional two and one-half feet for every
one foot reduction in the established minimum front setback at a height not
greater than 15 feet; and
To achieve façade variety and avoid monotonous streetscape, a building shall not
replicate the stepback configuration of neighboring buildings, including those
across rights-of-way, and stepbacks shall span a minimum of 75 percent of the
façade width.
The Community Development Board (CDB) unanimously recommended approval
of the proposed amendments at a public hearing on April 20, 2010.
In response to questions, Planning and Development Director Michael Delk said the
stepback requirements would be for applicants using the hotel density reserve. Height
restrictions are included in the code.
Concern was expressed with definition of neighboring buildings. It was suggested that
neighboring be changed to adjacent.
In response to a concern, Planning and Development Assistant Director Gina Clayton
said the proposed amendments require an additional stepback at a lower height,
improving the design of properties in the heart of tourism district in exchange for greater
density.
6.4 Approve an increase to the Planning and Development Department contractual
services budget in the amount of $100,000. (consent)
The Planning and Development Department is requesting an increase in expense
codes 530300 and 530400 in order to provide sufficient funds to demolish priority
unsafe structures, provide for the continuation of limited lot mowing/clearing
through the rainy season and to provide for limited emergency inspections or plan
reviews in the event customer service demands dictate.
The Building Division currently has 91 active unsafe structure cases. At present at
least 22 structures warrant demolition. Many of these properties are in foreclosure
and pose an imminent threat to public safety and have significant blighting
influences on the surrounding neighborhood. It is anticipated that the demolition of
smaller homes will cost approximately $5000 - $7000 and larger two story
structures will cost $12,000 - $20,000. Photographs of the unsafe structures
targeted for demolition as well as maps showing all active unsafe cases are
available. The maps illustrate several neighborhoods being severely impacted by
Council Work Session 2010-05-17 12
the concentrations of these unsafe properties. As the foreclosure and economic
crisis continues, the city’s neighborhoods will continue to bear the effects.
The Community Development Code identifies overgrowth of grass and weeds, as
well as accumulation of debris as a nuisance. Pursuant to Code Sections 7-102.2
and 7-103.D if a nuisance violation is not corrected by the property owner, the City
can either take no action or abate the nuisance on behalf of the owner at the
owner’s expense and place a lien on the property. In Fiscal Year 2008/2009 a
total of 84 properties were cleared by the Department at a cost of $24,479. Since
October 1, 2009, a total of 64 properties have been addressed at a cost of
$14,261.83. Due to the number of foreclosures within the community, the number
of violations already abated and the fact that the growing season is approaching,
current funds will not be sufficient to address these nuisance cases through the
end of the budget year.The Department would like the ability to support customer
service needs for plan reviews and/or inspections based on customer demands if
they exceed the level of service the Department can provide. These items were
originally budgeted at $50,000 for the year. A mid-year budget amendment will
allocate $100,000 from General Fund reserves to fund these costs.
It was suggested that the city’s legislative package next year support legislation that
allows municipal liens to have higher priority.
In response to questions, Building Official Kevin Garriott said staff has identified a list of
unsafe buildings. Staff will attempt first to have the property owners to take down the
buildings before the city proceeds with demolition.
Concerns were expressed regarding properties with unfinished construction.
Mr. Garriott reviewed the permitting and inspections process. The contractor must call
the city for inspections. Permits expire if there is no activity for 6 months.
The Council recessed from 10:14 a.m. to 10:23 a.m.
7. Legal
7.1 Amend Section 28.041 of the Clearwater Code of Ordinances relating to soliciting
on streets and pass Ordinance 8177-10 on first reading.
In 2008, the City Council requested that the city Legal Department draft an
amendment to Code 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
Statutes. During the last several months, Clearwater police officers have had to
take enforcement action against a number of homeless individuals who have been
Council Work Session 2010-05-17 13
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 Code Section
28.041. 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 either amend
Code Section 28.041 to enhance its constitutional defensibility or to repeal the
amendments adopted by the City Council in 2008. By repealing the 2008
amendments and adopting Ord. 8177-10, the City Council will be eliminating the
exemption that allows individuals to solicit if they comply with the criteria listed in
Section 28.041(3). Consequently, all individuals, without exception, would be
prohibited from soliciting the occupants of a motor vehicle being operated on
publicly-owned streets, garages, and parking lots.
Councilmember George N. Cretekos requested Council to reconsider direction to go
back to the 1999 ban on solicitation from right-of-ways. Staff was directed to provide
council with original proposed amendment before Thursday's meeting.
7.2 Adopt Ordinance No. 8134-10 on second reading, amending the Comprehensive
Plan of the City as adopted on May 18, 2000, as subsequently amended,
amending the public school facilities element, making corrections and
modification, by replacing Map J-1, Map J-2, Map J-3, Map J-4 and Map J-5 to
reflect school facility closures and mergers, program changes, the expansion of
existing and the addition of new charter schools, as well as changes to assign
charter schools to individual school concurrency service areas pursuant to the
adopted changes by the Pinellas County School Board.
7.3 Adopt Ordinance No. 8143-10 on second reading, amending the future land use
plan element of the Comprehensive Plan of the City to designate the land use for
certain real property whose post office address is 2165 Gulf-to-Bay Boulevard
from Residential Low Medium (RLM) to Residential/Office/Retail (R/O/R) and
Residential Medium (RM).
7.4 Adopt Ordinance No. 8144-10 on second reading, amending the Zoning Atlas of
the City by rezoning certain real property whose post office address is 2165 Gulf-
to-Bay Boulevard from mobile home park (MHP) to Commercial (C) and Medium
Density Residential (MDR).
7.5 Adopt Ordinance No. 8151-10 on second reading, amending the future land use
plan element of the Comprehensive Plan of the City to designate the land use for
certain real property whose post office address is 110 McMullen Booth Road from
Residential Urban (RU) to Institutional (I).
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7.6 Adopt Ordinance No. 8152-10 on second reading, amending the Zoning Atlas of
the City by rezoning certain real property whose post office address is 110
McMullen Booth Road from Low Medium Density Residential (LMDR) to
Institutional (I).
8. City Manager Verbal Reports
8.1 Set Budget Meetings
Item continued to Thursday's council meeting.
8.2 Cleveland Street Streetscape Phase II
Item continued to Thursday’s council meeting.
8.3 Provide direction regarding the Sheriffs proposal to provide law enforcement
services to the City of Clearwater versus maintaining the Clearwater Police
Department.
At the request of the Clearwater City Council, the Pinellas County Sheriff was
requested to provide a cost proposal to provide full law enforcement services to
the City of Clearwater.
City Manager Bill Horne requested the Police Department prepare a response to
the Sheriff’s proposal at the Clearwater Council meetings scheduled for May 17
and 20, 2010. Dialogue has been ongoing between the Pinellas County Sheriff’s
Office (PCSO) and the Clearwater Police Department (CPD) to adequately
analyze operations and maximize cost-saving opportunities.
Police Chief Anthony Holloway provided a power point presentation. Proposed
reductions include eliminating 52.4 FTEs and reducing salaries for an approximate
savings of $5.9 million.
In response to questions, Senior Accountant Karen Dombrowski said the salary
comparisons include all benefits except overtime. Chief Holloway said the Clearwater
Police Department could not expand its span of control and maintain the current level of
service. Reducing the budget by $6 million would impact the department’s ability to be
proactive.
Pinellas County Sheriff Jim Coats said he would hire Clearwater officers at a higher
starting salary with reduced benefits. Benefits for the deputies would remain the same.
Council Work Session 2010-05-17 15
The county is looking into potential cost savings for a consolidated communications
center. If the county provides law enforcement services, the city would dictate the level
of service and pay for the services wanted. The county has found take home vehicles
cost less and last longer. The County Sheriff’s Office found cost savings by eliminating
overtime. Sheriff Coats said the County’s Sheriff’s Office is accredited.
In response to questions, Finance Director Margie Simmons said there are 4 ways
Clearwater officers are paid: 1) regular salary, 2) overtime approved by the city
(pensionable), 3) special events (pensionable) and 4) off duty (not pensionable). The
city's pension cost next year will be 24% of pay. If the Clearwater Police Department is
eliminated, a lot of employees will be eligible to retire, creating a negative impact in the
short term. Ms. Simmons said the debt on main station will be paid off next February.
Staff was directed to provide information on the number of Clearwater officers who
live in the city.
One individual opposed contracting law enforcement services with Pinellas County.
The Council recessed from 12:19 p.m. to 12:27 p.m.
9. Council Discussion Items - Items continued to Thursday’s Council meeting.
9.1 Provide direction regarding endorsing the Get Ready Tampa Bay program to
promote preparing the region for electric automobile use.
Get Ready Tampa Bay is a working group dedicated to identify opportunities and
resolve issues associated with Electric Vehicles. The use of electric vehicles in
our community is very important to our environment and would help reduce our
dependency on oil. The economic benefits of electricity versus gasoline after
installation of charging equipment are beneficial. We began the project of
identifying the use of hybrid (electric/gasoline) in 2004 with the purchase of 2
Toyota Prius sedans for testing in our community. The success of this program
generated the purchase of 10 more Prius, 1 Honda Civic and 3 Chevrolet
Malibu's. The savings on a cost per mile for these vehicles over comparative
vehicles in our Fleet is over $0.12. Over the lifetime of a vehicle this savings
could equate to $9,000 per vehicle. The electric automobile that will be in
production later this year from several manufacturers will operate on battery for
40 to 300 Miles. Ford is introducing a small min-van that is perfect for inter-City
delivery. Other companies are planning releases of this type of vehicle in 2012.
Get Ready Tampa Bay is asking municipalities to join the movement by signing a
resolution and begin the education process as well as conversion of certain
vehicles in their fleet.
9.2 Councilmember Breakfasts - Mayor Hibbard
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9.3 City of Clearwater SLC Alternate - Councilmember Doran
10. Other Council Action - None.
11. Adjourn
The meeting was adjourned at 12:31 p.m.
Council Work Session 2010-05-17 17