12/12/2005
CITY COUNCIL WORKSESSION MINUTES
CITY OF CLEARWATER
December 12, 2005
Present: Frank V. Hibbard Mayor
William C. Jonson Vice-Mayor
Hoyt P. Hamilton Councilmember
Carlen A. Petersen Councilmember
John Doran Councilmember
Also present: William B. Horne II City Manager
Garry Brumback Assistant City Manager
Rod Irwin Assistant City Manager
Pamela K. Akin City Attorney
Cynthia E. Goudeau City Clerk
Brenda Moses Board Reporter
The Mayor called the meeting to order at 1:00 p.m. at City Hall.
To provide continuity for research, items are in agenda order although not necessarily
discussed in that order.
Presentations
Service Awards
Seven service awards were presented to City employees.
The December Employee of the Month Award was presented to Carol Barden, Finance
Department.
Presentation by Mayor to Laboratory Manager
The Mayor presented recognition awards to Utilities Laboratory Manager Maria de la
Cantera for laboratory achievements at the East, Northeast, and Marshall Street Advanced
Wastewater Treatment plants.
PPC (Pinellas Planning Council) Presentation - Code Analysis
Mike Crawford, of the PPC presented the analysis of the City’s Community Development
Code. The PPC’s task was to assist the City in assessing its Development Review Process
(DRP) for: 1) clarity; 2) user-friendliness; 3) complexity; 4) organization; and 5) general flow.
The study included an assessment of the City’s Community Development Code, a
survey of frequent users, and a comparison of the City’s development review process with other
jurisdictions in the state and across the county. The analysis of the overall development review
process for Clearwater suggests that it is designed as a relatively streamlined process, as
compared to other codes examined, involving few steps between submission and approval. It
relies heavily on staff to review and approve many development applications, and on the
Community Development Board (CDB) to review more complex applications.
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However, while streamlined in terms of the number of steps involved, the Code does not
do a good job of explaining how the City’s review process works or what the various
requirements are for each development application. Also, this streamlined process causes the
applicant to expend considerable time and effort on detailed design aspects of a project prior to
determining whether the use requested will be approved or not. There were numerous
terminology issues and other minor issues discovered that affect the general flow and
understandability of the Code.
The study did not include a review of how the Code is applied and makes no judgment
about the qualitative aspects of the Code’s standards or the decisions made based on these
standards. It did not include an assessment of staffing levels.
The major conclusions are as follows:
Code Process: Shift some requirements for fully engineered site plans to the
construction drawing/building permit stage and allow conceptual or schematic plans
to be submitted at DRC (Development Review Committee) or CDB approval instead.
Code Requirements: Review development application requirements to eliminate
redundant or repetitive requirements, clarify requirements that are not specific, and
eliminate unnecessary items; reorganize Article 3 so that exact requirements can be
located easily; and add more specific and consistent cross-referencing.
Code Terminology: Replace variety of terms used to describe uses allowed,
associated standards and criteria and approval processes; use only “Levels 1, 2,
and 3” to describe minimum standard development, flexible standard development,
and flexible development; and eliminate current use of term “Level Three Approval”
and replace with “Legislative Actions.”
Code Management: Evaluate DRP applications relative to time and staffing levels –
i.e. overlap; ensure staff comments are received in timely manner and reduce
secondary comments after resubmission; coordinate comments and responses to
reduce visits to City Hall, including “walk-ins”; and consider posting of Code as PDF.
Other Items: Correct miscellaneous minor issues affecting flow of the Code;
implement best practices from other communities; and consider changes to website
that will better inform users.
In response to a question, Mr. Crawford said Clearwater’s process is shorter and has
fewer steps than most cities. Pinellas County’s process also is relatively simple. He
recommended that Clearwater continue to rely on staff, rather than shifting more responsibility
to advisory boards.
The Council recessed from 1:37 to 1:38 p.m. to meet at the Pension Trustees.
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Purchasing
Jeffry Knight Incorporated, d.b.a. Knight Enterprises, Clearwater, Florida - Installation of gas
mains and services lines in Pinellas and Pasco Counties at a cost not to exceed $995,000
during the period January 1, 2006 through December 31, 2006.
In response to a question, Purchasing Manager George McKibben said this item is for
installation of gas mains in the CGS (Clearwater Gas System) north territory.
Economic Development and Housing
Approve the City of Clearwater FY2004-2005 Consolidated Annual Performance and Evaluation
Report (CAPER).
The Consolidated Annual Performance and Evaluation Report (CAPER) is the principal
administrative report documenting the City’s expenditures of Community Development Block
Grant (CDBG) and HOME Investment Partnership (HOME) programs funds to the U. S.
Department of Housing and Urban Development (HUD).
The City of Clearwater FY (Fiscal Year) 2004-2005 CAPER contains information on the
City’s assessment of activities listed below: 1) Assessment of Three to Five Year Goals and
Objectives; 2) Affordable Housing; 3) Continuum of Care; 4) Leveraging Resources; 5)
Affirmatively Furthering Fair Housing; 6) Citizens Comments; and 7) Self-Evaluation.
For FY2004-05 the City’s allocations for the CDBG and HOME programs were
$1,079,985 and $577,115, respectively. The CAPER document serves as the basis for program
monitoring for compliance and for financial audits for all activities conducted during the FY2004-
05 as outlined in the FY2000-2005 Consolidated Action Plan for that program year. The report
provides HUD with necessary information for the department to meet its requirement to assess
each grantee’s ability to carry out relevant Community Planning Development (CPD) programs
in compliance with all applicable rules and regulations. It also provides information necessary
for HUD’s Annual Report to Congress and it provides grantees an opportunity to describe to
citizens their successes in revitalizing deteriorated neighborhoods and in meeting objectives
stipulated in their Consolidated Planning document.
Through the programs covered under the CAPER, over 27,521 persons were assisted
through Public Services, Public Facilities, Housing Rehabilitation and New Construction, Fair
Housing and Economic Development programs. One highlight of the City’s program success is
that during the past fiscal year 25 homes were rehabilitated through the City’s Housing
Rehabilitation program.
The City’s Neighborhood and Affordable Housing Advisory Committee recommended
approval of the FY04-05 CAPER on December 6, 2005. The FY04-05 CAPER is due to HUD
no later than December 29, 2005.
In response to a question, Assistant Director of Housing Howie Carroll said while home
prices, taxes, insurance, and rehabilitation costs are rising, available funding is diminishing. He
said decreased funding has created challenges across Florida for housing programs. The
conversion of rental units to condominiums has slowed due to a decrease in investor activity.
Mr. Carroll was congratulated on the report.
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Approve updating the pooled cash investment policy and pass Ordinance #7569-06 on first
reading.
This policy does not apply to pension funds, which have its own investment policy.
The biggest change is adding the five- and ten-year Treasury rates to the custom
performance benchmark. This change makes the maturity of the benchmark (2.46 years) a
closer match to the average maturity of what the portfolio has been running (2.98 years). The
list of allowable investments has been updated to reflect the wording in State Statute.
The list of allowable investments has also been changed to reflect changes occurring
with certain government agencies. The Federal Government is privatizing some of the
agencies. The Federal National Mortgage Association is one example. These new creations
are called Government Sponsored Entities or GSE for short. These GSE will be issuing more
and more securities, which do not have the direct or indirect backing of the Federal
Government. A pool of assets that exceed the value of the security issued backs these
securities. These securities are classified as corporate paper and will have an investment rating
assigned by the various investment rating companies. The investment policy is being changed
to allow investments of commercial paper that is of investment grade. While the investment
policy specifically allows investment in these GSEs this change hopefully will eliminate future
confusion over securities issued by these GSEs that do not have the direct or indirect backing of
the Federal Government.
The estimated maturity for Collateralized Mortgage Obligations and Real Estate
Investment Conduits has been increased from five to seven years. This change reflects that
there are changes in the estimated life with interest rate changes. Staff will continue to buy
these investments with average life of five years or less.
In response to a question, Cash & Investments Manager Steve Moskun said some
mortgages previously backed by the government are now backed by secured collateral.
Public Communications
Streaming Video Demonstration
Public Communications Doug Matthews said staff has identified a streaming video
system that offers: 1) Indexed archives of Council Meetings and Work Sessions; 2) Direct
access to the video for specific agenda items or sets of agenda items; 3) An integrated interface
for ease-of-use; 4) Searchable closed-captioning; 5) Hosting and support for video streams; and
6) A lifetime software license. He provided a demonstration of video streaming of a previous
Council meeting.
In response to questions, Public Communications Director Doug Matthews said Pinellas
County uses a different system. Clearwater would be one of the first in Florida to use the
Granicus product. The company is based in San Francisco and positive feedback has been
received from West Coast users. The City would pay a monthly hosting charge, but would not
have to pay for software upgrades. Tapes of meetings could be burned for storage and retained
according to City record retention policies.
He said the monthly charge would be evenly distributed among all City departments as
an internal service charge. Broadband service is necessary to use the product, which would
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allow viewing of a video of meetings, including written language. Users will be able to type in
topics and choose from a menu to access specific portions of meetings.
Mr. Matthews noted budgeted funds are available and suggested rolling out the product
in stages, beginning with the Council meetings.
Engineering
Approve a 5-year renewal of the Lease Agreement with Head Start Child Development and
Family Services, Inc. ("Head Start or Lessee") for Lot 5, PENNSYLVANIA SUBDIVISION,
commencing February 1, 2006 and terminating January 31, 2011, in consideration of receipt of
$1 and Lessee compliance with the promises and covenants contained therein, and authorize
appropriate officials to execute same.
Head Start operates the James Sanderlin Head Start Center ("Center") at 920 Palmetto
Street. The Center provides preschool programs for approximately 45 students. The subject
vacant City-owned lot is adjacent on the west to the Center and affords the students a 5,200
square-foot fenced playground.
The City Commission declared the subject lot as surplus at its meeting of January 18,
2001, for the purpose of entering into the initial 5-year lease with Head Start that commenced
February 1, 2001, and will terminate January 31, 2006. The current lease extends a first option
to Head Start to renew the lease for additional terms of 5 years each as consistent with the City
Charter, providing that Head Start is not in default under the existing lease. As Head Start is not
in default under the existing lease, and a 5-year renewal of the lease is consistent with the City
Charter, the proposed Lease Agreement stipulates the same terms and conditions contained in
the current lease.
In response to a question, Ms. Simmons believed the City’s umbrella insurance plan
provides coverage and indicated she would research.
Award a contract for the Traffic Operations Storage Building (05-0010-EN) to Grosz & Stamper
Construction, Inc. of Tampa, Florida for the sum of $305,632.80, which is the lowest responsible
bid received in accordance with the plans and specifications and authorize the appropriate
officials to execute same.
Traffic Operations currently is storing signal cabinets, barricades, conduit, construction
components and materials at various outside locations throughout the Public Services Complex.
These materials are better suited to inside storage. Also, materials and vehicles are being
stored in warehouses not affiliated to Traffic Operations, reducing the storage capacity of other
City departments. The existing facility is beyond capacity with increased inventory of
generators, sign and signal inventory dedicated to hurricane related activities and accelerated
traffic signal construction projects.
The new storage building will allow for greater efficiencies in obtaining and dispersing
parts, supplies and equipment. This project will start as soon as possible after award and
execution of the contract and is scheduled to be completed within 120 days. The Engineer’s
estimate of probable construction cost for this project was $312,244.35.
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In response to a question, Assistant Director of Engineering Glenn Bahnick said
previously a storage building for General Services had been approved. This item will require a
budget amendment.
Award a contract to Westra Construction, Inc. of Palmetto, Florida for construction of the
Coronado Drive Improvements (03-0079-ED) in the amount of $9,850,253.22 which is the
lowest responsive bid received in accordance with the plans and specifications; and approve a
work order to Post, Buckley, Schuh & Jernigan, Inc. for construction engineering and inspection
services in the amount of $469,789.75.
Construction plans for the BeachWalk project were completed in July 2005. The entire
3-½ year project subsequently was advertised for bid. Bids were opened on August 17, 2005.
Two bids were received, one for approximately $25 M and one for approximately $27 M.
Staff evaluated various options for award of the contract including: 1) award Phase One,
Coronado Drive, only; 2) find additional funding sources and award the entire contract; 3)
negotiate a reduced price with the low bidder; and 4) re-bid Phase One only.
In early September 2005 the Florida Department of Transportation notified the City that
awarding any portion of this bid before completion of an environmental study would jeopardize
almost $4 M in federal appropriations for the project. Based on this, the decision was made to
re-bid Phase One, Coronado Drive only. As this phase is only one year in duration, it was
anticipated that the bids would contain more stable pricing. This also preserves the federal
funding for phases two through four.
A total of two bids were received, Westra’s low bid and one from R.E. Purcell
Construction for $10,550,555.84. The updated engineer’s estimate for this phase of the project
was $9,729,697.
Staff also requested an alternate bid based on allowing full closure of Coronado Drive
rather than maintaining two open lanes of traffic, as it was expected this could provide a lower
cost due to less maintenance of traffic required. The low bidder’s price for this alternate was
$9,740,253.22. Since this only shows a savings of approximately $110,000 staff is not
recommending this alternative as it would require full support of the beach business community,
which previously had been assured that two lanes of traffic would remain open.
Construction will start in January 2006, and be complete within one year. Future phases
of the project will be bid following Federal Highway Administration approval of the environmental
study. Post, Buckley Schuh, and Jernigan’s construction division has been providing
construction engineering and inspection services for high profile City projects for over ten years
with highly successful results. They also have worked diligently with the City to complete this
successful bid process for Phase One of BeachWalk.
There currently is adequate funding in this project to award these contracts for Phase
One of the project. The City has validated the issuance of bonds to pay for part of the project.
Staff has prepared alternative funding options for a combination of bond and cash funding of the
entire project, which currently is estimated to total $30.4 million. Staff recommends issuing
bonds to pay for approximately $14 million of the project, with the remaining $16.4 million to be
paid from developer contributions, grants, utility funds and other available funds. Direction from
Council is requested so that the bonding process can be initiated. Based upon Council
direction, budget amendments will be processed to adjust project funding accordingly.
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Discussion ensued with a suggestion business owners be allowed to display temporary
signage large enough to be seen by the public during the construction phase. Concern was
expressed other businesses had not been allowed the same during construction projects
affecting them. It was felt the proposed wayfinding signs would be sufficient during this time.
Ms. Simmons asked Council to allow some flexibility regarding bonding and suggested
issuing the bonds toward the end of summer for the least impact on the budget. She said staff
would bring forward a reimbursement resolution in February 2006.
The City Manager said some stakeholders have requested sandwich board signs and
signs on umbrellas. It was requested the issue of signage be scheduled for the next work
session.
A power point presentation on the construction phases was requested for Thursday
night.
Public Utilities
Approve modifying Chapter 32 and Appendix A as related to water, reclaimed water and
wastewater collection systems to support new regulatory requirements, initiatives and
operational procedures, to redefine passages that identify prior organizational/operational
responsibilities and titles, and to comply with the Interlocal Agreement with Pinellas County
approved September 15, 2005 and pass Ordinance #7573-06 on first reading.
On September 15, 2005, the City Council approved a 30-year agreement to continue to
purchase potable water from Pinellas County. The new agreement required the City to modify
the cross connection control section of Ordinance 32.131 through 32.140, to align the City’s
language to that of Pinellas County’s cross connection code; Division 3, Sections 126-231
through 126-244. Updates were made to the general issues of operating and maintaining the
wastewater collection system. Responsibilities of private collection systems are outlined.
The US Environmental Protection Agency (EPA) and Florida Department of
Environmental Protection (FDEP) have implemented regulations to control wastewater
collection system overflows. In keeping with these regulations, added definitions more clearly
define proper and improper uses of the collection system. One section addresses a
requirement to have additional funding from developers where redevelopment of properties
impacts the water and wastewater collection systems beyond existing capacity. A general
sewer use section was added to identify what may or may not be placed in the sewer system,
which is critical in maintaining the system functionality. Costs associated with deposits, devices
and connection to the water, reclaimed and wastewater collection systems were updated to
more accurately reflect current costs.
The significant proposed changes are as listed above. Other changes are general
housekeeping issues including standard formatting as well as renumbering to accommodate
new sections. There are no budgetary costs associated with the wastewater collection portions
of this item. The revisions to the cross connection control portion will have little to no financial
impact on the City’s budget, as all water customers are required to pay for the installation of the
cross connection control device. This Ordinance shall take effect immediately upon adoption.
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It was suggested a strategy be developed to extend sewer lines to incorporated areas
that lack service.
Approve a five-year lease agreement, with three five-year renewal options, to Metro PCS,
allowing Metro PCS to install six cellular telephone antennas on the City’s north elevated water
tower located at 1580 Weston Drive, for an initial year fee of $30,000 and authorize the
appropriate officials to execute same.
Metro PCS, Inc., a regional wireless cellular telephone provider, has requested to enter
into an agreement to lease space on the City’s north-elevated water tower located at 1580
Weston Drive, to install six cellular telephone antennas. The initial lease period is five years,
beginning December 15, 2005 to December 15, 2010, with an option of three five–year renewal
periods. Metro PCS will pay the City an annual rental fee in the amount of $30,000 for the first
year. On each successive annual anniversary date, the rental fee will be adjusted by an amount
equal to the U.S. Consumer Price Index (CPI), but in no event shall the adjustment be greater
than 4% per year.
There are no City costs associated with this item. Funds received will be deposited in
the Water/Sewer Fund. The agreement contains a standard clause that will allow the City to
terminate the agreement without cause with one year’s written notice. The City currently also
leases space on the North Elevated Water Tower to the Nextel Corporation to provide wireless
cellular telephone service to its customers in the area.
A question was raised regarding the rental fee and Public Utilities Director Andy Neff
said a lot of research was done and the fee is over the initial offer.
City Attorney
Adopt Ordinance #7564-05 on second reading, amending the Ordinance #7515-05, which
established the Clearwater Cay Community Development District, pursuant to Chapter 190 F.S.
The City Attorney reported this item will be continued to January.
Other City Attorney Items – None.
City Manager Verbal Reports – None.
Council Discussion Items
Council Policies and Rules on Internet (Jonson)
Consensus was for Council policies and rules to be posted on the Internet.
Sister City Scholarships (Petersen)
Previously, the City of Nagano paid the teachers’ salaries and all travel expenses. The
current proposal requests the airfare and travel expenses to Japan no longer be covered by
Nagano. Nagano will bear the costs of travel within Japan, provide a homestay, and give a
monetary gift to the teachers at the end of the month. Jan Rouse, Pinellas County Schools
Associate Superintendent, Curriculum Studies, has reviewed the proposal and concurs if the
Council Work Session 2005-12-12 8
City of Clearwater is unable to identify a funding source for the teachers’ airfare, it is reasonable
to expect the teachers to assume responsibility for this expense.
For the high school exchange program, Nagano has previously borne all costs for our
four students and a teacher chaperone. Nagano is requesting that airfare, travel insurance and
all transportation expenses within Japan be taken care of by the City.
The City’s Sister City Advisory Board reviewed the proposal from Nagano and
recommends complying with the requests. While the Pinellas County teacher applicants may
be willing to pay their travel costs, there was concern the high school student exchange might
be limited to only students who could afford to travel. The advisory board has suggested setting
up a scholarship fund.
A request was made the City consider supporting the scholarships for Clearwater
students to visit Nagano, Japan. The cost for students would be $2,500 each.
Discussion ensued with recommendations scholarships be limited to four students who
are Clearwater residents, home-schooled students be eligible, and all students who wish to
participate in the exchange program be required to raise half the amount by taking part in fund-
raising activities. The City would provide a matching grant and students and their families would
be asked to participate in volunteering for a variety of events or activities designated by the City
in return. When the students return from Japan, they would be asked to share their experiences
with the community.
Concern was expressed regarding this year’s timeframe as the students are selected in
January. It was noted a budget amendment would be required. This item will be brought back in
January.
Concerts in Coachman Park (Hibbard)
Discussion ensued regarding the annual Next Big Thing concert at Coachman Park and
concern was expressed citizens living in proximity to Downtown are subjected to the profane
language and loud noise that occur.
Parks & Recreation Director Kevin Dunbar said the noise level is monitored and kept at
about 95 decibels. He said there is no guarantee that someone will not utter a profanity.
A suggestion was made a financial penalty be added in the promoter’s contract to
discourage the use of profanity.
Mr. Dunbar said the concert featured eleven acts, and ran from 11:30 a.m. to 9:00 p.m.
He noted only one of the bands used inappropriate language. He indicated the City benefits
greatly from this event and the monies generated go toward other events that are free. He felt
the City should continue to address the profanity issue rather than cancel the concert.
Discussion ensued in regard to other venues for this event and it was suggested it be
relocated to Brighthouse Field or be held indoors. Parks & Recreation Director Kevin Dunbar
indicated Brighthouse Field only holds 6,800 people while this concert sold 15,000 tickets. Also,
the crowd likes to move around and not be confined to a seat. The City has no indoor venue
that would work.
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Majority consensus was not to cancel the concert and to add financial disincentives in
the contract to deter the use of inappropriate language by the employees.
How to Recognize Trickles 60 years in Business (Jonson)
Discussion ensued regarding recognizing businesses, such as Trickles, who have been
in business in Clearwater for many years.
Consensus was to set policy recognizing businesses operating in Clearwater for 50
years or more.
The businesses would be responsible for contacting the City.
Scheduling Additional Visioning Work Session
Consensus was to schedule a two-hour Visioning Work Session at 9:00 a.m. on January
23, 2006 in Council Chambers.
Billboard Legislation
Councilmember Jonson reported on the proposed legislation and confirmed Council’s
opposition.
Other Council Action
Councilmember Doran announced the grand opening of Kapok Park tomorrow at 3:30
p.m.
Adjourn
The meeting adjourned at 4:10 p.m.
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