04/03/2006
CITY COUNCIL WORKSESSION MINUTES
CITY OF CLEARWATER
April 3, 2006
Present: Frank Hibbard Mayor
William C. Jonson Vice-Mayor
Hoyt P. Hamilton Councilmember
Carlen 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
Patricia O. Sullivan Board Reporter
The Mayor called the meeting to order at 2:01 p.m. at City Hall, following the CRA
(Community Redevelopment Agency) meeting.
To provide continuity for research, items are in agenda order although not
necessarily discussed in that order.
Marine and Aviation
Approve Contract #LE591 – Clean Vessel Act Grant Agreement with the Department of
Environmental Protection (DEP) and authorize the appropriate officials to execute same.
The DEP offers a program for funding the cost to purchase a pump out boat. The City
would like to use the boat to supplement the pump out station at the City fuel dock. The Marine
& Aviation Department applied for and received notice of being awarded grant funds to
purchase an 18-foot pump out boat. A pump out vessel manufactured by PumpOut USA would
cost $35,000. The DEP requires three bids.
The total grant applied for was $41,000, which included the vessel purchase, equipment
installation (plumbing supplies, delivery and labor), information signs and brochures, and
educational and instructional materials. The brochures and instructional materials about the
Clean Vessel Act and use of the equipment by the public are requirements of the grant. Under
the terms of the agreement, the DEP will pay the City on a cost reimbursement basis at a 75:25
split. The DEP will pay up to $30,750 and the City will be responsible for $10,250.
In response to a question, Marine & Aviation Director Bill Morris estimated 200 – 250
pump outs the first year. The nominal fee to be charged is due to grant funding. Concern was
expressed that the nominal fee not undercut competing private enterprise. Staff will report on
this issue. The only operational costs are for fuel.
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Parks and Recreation
Approve co-sponsorship and waiver of requested City fees and service charges for FY2006-
2007 special events including seven annual City events; and nineteen City co-sponsored
events; at an estimated gross cost of $619,145 ($137,500 representing cash contributions and
$481,645 representing in-kind contributions) for the purposes of departmental budget
submittals.
According to the City Code of Ordinances on special events, there shall be an annual
review of City sponsored/co-sponsored events during the budget process. An agenda item
approving co-sponsorship and level of support for these events will be brought before the City
Council at the beginning of the budget process each fiscal year.
In the event additional money is requested beyond what is included in the approved
budget, City Council approval will be needed before said additional funds are dispersed. The
chart shows cash and in-kind contributions requested to be included in FY (Fiscal Year) 2006/07
budget for City sponsored and co-sponsored special events.
"In-kind contributions," which are included in operating budgets under various
departments, increased by $114,054 (31%). The majority of this increase is due to the Ironman
70.3 Triathlon discussed by the Council ($84,695); Seafood Fest ($16,913), which is a new
event; Jazz Holiday ($4,000) and Clearwater Celebrates America ($4,000), increase in
personnel costs. Excluding the Ironman 70.3 Triathlon, this item increased by 5.8%, which
primarily is due to increased personnel cost and the addition of the Seafood Fest.
Total "cash requests" decreased from $139,500 to $137,500 to reflect actual funding
requests for North Greenwood Mayfest. There is a shift of $5,000 being moved from Sunsets
BeachFest to Fun & Sun. This is being recommended since the City now hires the
entertainment for that event during the Fun & Sun Festival.
It should be noted that the $15,000 cash contribution for the 2005 Clearwater Veterans
Appreciation Day is not included in this item since this was funded from the City Manager's
budget in FY 2005/06. In-kind support of $1,000 is included in this year’s budget for this event.
If approved, operating departments will insert it in proposed FY 07 budgets for final Council
approval.
Parks & Recreation Director Kevin Dunbar reviewed increases due to additional
requests. The Folks Arts and Seafood Festivals will provide a synergy between Downtown and
Coachman Park. While Sunset Beachfest is on hold due to BeachWalk construction, the City
has added extra events.
Award a contract for landscape and irrigation for a portion of SR 60 (the east entrance to the
Memorial Causeway Bridge and 770 feet west of the Memorial Causeway Bridge) to Smith
Landscaping Services, Inc. of Clearwater, Florida, in the amount of $552,481.05, which includes
base bid, and a 10% contingency and authorize the appropriate officials to execute same.
On March 3, 2006, the City Council approved a Streetscape Maintenance Memorandum
of Agreement with the Florida Department of Transportation, District Seven, for the
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improvements of SR 60 from the east entrance to the Memorial Causeway Bridge and 770 feet
west of the Memorial Causeway Bridge.
FDOT (Florida Department of Transportation), District Seven, has allocated funds for
landscape improvements in conjunction with the construction of the Memorial Causeway Bridge.
This contract with Smith Landscaping Services, Inc. is for the installation of an irrigation system
and landscaping for the Memorial Bridge area. Work will include grading, planting trees,
planting of landscape material, planting annuals, and installation of an irrigation system. Work
will commence upon award and execution of the contract and will be completed by August
2006.
Mr. Dunbar reported that FDOT advised the City that it cannot place planters on the
Memorial Causeway Bridge. Public Works Administrator Mahshid Arasteh said FDOT considers
it a safety issue and wants the least number of obstacles possible. Traffic Operations Manager
Paul Bertels said FDOT also had concerns regarding the need to close one lane to water the
plants at the vertical curve.
Consensus was for the Mayor to discuss this issue with the FDOT Secretary.
In response to a question, Mr. Dunbar said the City is responsible for maintaining the
relocated trees.
Award a contract for civil work for a portion of SR 60 (the east entrance to the Memorial
Causeway Bridge and 770 feet west of the Memorial Causeway Bridge) to Keystone
Excavators, Inc. of Oldsmar, Florida, in the amount of $220,330, which includes base bid,
alternates 12-27a and a 10% contingency and authorize the appropriate officials to execute
same.
On March 3, 2006, the City Council approved a Streetscape Maintenance Memorandum
of Agreement with the Florida Department of Transportation, District Seven, for the
improvements of SR 60 from the east entrance to the Memorial Causeway Bridge and 770 feet
west of the Memorial Causeway Bridge. In order to complete the necessary landscape
improvements as designed, some civil work is needed to relocate sidewalks on the west side of
the bridge as well as some grading and other civil tasks.
This contract with Keystone Excavators, Inc. is for the installation of sidewalks, curbs, fill,
grading, etc. Alternate 12-27a deals specifically with relocating an asphalt parking lot and
realigning the recreational trail at the base of west end of the bridge. Work will commence upon
award and execution of the contract and will be completed by August 2006.
In response to a question, Mr. Dunbar said the angle of the bridge’s south sidewalk will
be reduced. Mr. Bertels said on the south sidewalk, signage for bicycles will be similar to those
on Pinellas Trail. Bicycles will be required to yield to pedestrians on the north sidewalk.
Appoint members to serve on the Public Art and Design Board beginning on April 1, 2006, as
established by Ordinance 7489-05 (Public Art and Design Program).
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On October 6, 2005, the City Council approved the establishment of a public art and
design program by approving Ordinance 7489-05 amending the City Community Development
Code.
One of the provisions of the program was the establishment of a Public Art and Design
Board to oversee a public art program. The composition of the Board is to consist of seven
members: 1) Clearwater Arts Foundation choice; 2) Pinellas County Arts Council choice; 3)
landscape architect, architect, urban planner, or related design professional; 4) active
professional artist, and 5-7) three private citizens who are knowledgeable in the field of public
art, education, or community affairs. This Board would assist City staff in developing and
implementing public art policy and plan. Clearwater Arts Foundation has chosen Joshua
Bomstein as its representative. Pinellas County Arts Council has chosen Mark Flickinger as its
representative.
Qualified applications received for remaining board seats: 1) George Ann Bissett
(citizen); 2) John Timberlake (citizen); 3) Howard Warshauer (citizen); 4) Alex Plisko (architect);
and 5) Davida Milne (artist). If the City Council is comfortable with these individuals, this
recommendation will be revised to appoint them as the Board Members. If not, staff will
continue to obtain additional nominees.
The Public Art and Design Board shall provide the process by which the City shall
integrate a wide variety of public art and design into the community creating a sense of place
and increasing the quality of life for residents and visitors of Clearwater. The City shall maintain
a separate accounting of monies received for the Public Art and Design Program. Funds may
come from donations, grants or funds allocated through the City budgetary process. The Public
Art and Design Fund shall be used solely for expenses associated with the selection,
commissioning, acquisition, installation, maintenance, public education, administration, removal
and insurance of the works of art; and the Public Art and Design Board shall make
recommendations for expenditures from the fund.
Some of the responsibilities and duties of the Public Art and Design Committee are as
follows: 1) The Board will develop policy regarding the acquisition and placement of public art
acquired through purchase, commission, or gift; 2) The Board will have decision-making
authority in the selection, de-accessioning, maintenance, repair or alteration of artworks in the
City’s Public Art Collection; 3) The Board shall develop a Public Master Art and Design Plan for
the approval of the City Council outlining priorities, policies and procedures for Public Art issues
such as site selection and the identification of funding. The Master Plan shall serve as a formal
structure in which to create, develop and maintain public art and further public accessibility to
the arts. Members shall be appointed by the City Council to serve a term of four years
staggered such that not more than three terms shall expire in any calendar year. For that
reason the first Board will be made up of members serving 2-year, 3-year and 4-year terms as
outlined in the recommendation. The Cultural Affairs Manager from Clearwater Parks and
Recreation shall serve as the City liaison to this Board.
In response to a question, Cultural Affairs Manager Margo Walbolt said the board
member position openings were put forward to interest groups associated with public art and
design. Consensus to place the item on the consent agenda appointing the seven people who
have been submitted, no additional names requested.
Council Work Session 2006-04-03 4
Police
Approve submission of two grant applications that request funding for hiring of additional police
officers for the Clearwater Police Department (CPD).
CPD has the opportunity to apply for two separate competitive grants that could possibly
provide funding for the hiring of three additional police officers. There are no retention
requirements associated with either of these grants and no guarantee that grant funds will be
awarded.
First, CPD will partner with the YWCA of Tampa Bay to apply for the Juvenile Welfare
Board’s (JWB) Targeted Needs Based Strategy Funding/North County Hispanic Services Grant
in an amount of up to $276,000 for FY 2006-07. JWB is seeking an agency to design and build
an integrated system aimed at serving the growing population of Hispanic youth and their
families in North County through development of a community alliance. The YWCA will be the
lead agency on the grant application and will partner and contract with CPD for the provision of
one additional police officer for FY 2006-07 to provide youth and gang prevention services to
the Hispanic community. The grant application is currently being prepared by the YWCA and is
due on May 8, 2006. There is no match requirement; as with most JWB grants, future year
renewal is possible. The application will be available for review after submission.
Second, CPD will partner with the U.S. Attorney’s Office for the Middle District of Florida
and the World Relief Corporation to apply for the Law Enforcement Task Forces and Services
for Human Trafficking Victims Grant from the U.S. Department of Justice, Bureau of Justice
Assistance in an amount of up to $450,000 over three years. The Department of Justice is
soliciting funding applications from law enforcement agencies to develop a local task force that
will identify and rescue victims of human trafficking. CPD will be the lead agency on the grant
application and will seek funding for two additional police officer positions that will be dedicated
solely to the investigation of human trafficking activities. Other partners will include the Pinellas
County Sheriff’s Office, the Regional Community Policing Institute, the YWCA of Tampa Bay,
and the Bureau of Immigration and Customs Enforcement. The grant application is currently
being prepared by CPD and is due on April 25, 2006. There is a 25% cash or in-kind match
requirement, most of which CPD will be able to achieve through in-kind expenses. The
application will be available for review after submission.
In response to a question, Police Chief Sid Klein reviewed human trafficking
investigations involving the Police Department. While the subject officers would be dedicated to
the grant project, cross over areas will exist. If the number of human trafficking cases continues
to increase and the grant expires, the department would bring the position to the City Council for
retention.
Solid Waste/General Services
Award a contract (purchase order) to M&J Construction Company of Tarpon Springs, FL for the
cleaning, repair, preparation and painting of deteriorated ceiling areas and all structural steel
members over the Long Center pool, pool deck and viewing bleachers for $405,000 and
authorize appropriate officials to execute same.
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The paint on the structural steel roof truss system and the underside of the steel roof
deck has begun to fail and is in need of attention to prevent further deterioration. The work area
encompasses approximately 28,000 square-feet, of which approximately 14,000 square-feet is
over the pool area. The underside of the roof deck (ceiling) is approximately 35 feet above the
pool deck.
The scope of work includes the pressure cleaning of the entire roof deck, roof truss
system and the ductwork; followed by the preparation/repair and subsequent application of an
epoxy/urethane paint system to the entire roof truss system (approximately 30,000 square-feet
of surface area). The deteriorated areas of the roof deck will also be addressed as required
using a built-up epoxy mastic system. The product systems to be used are designed to provide
corrosion protection in areas of high humidity and chemical exposure. The contractor is
planning to use suspended work platforms to provide access to the work areas. Both the ceiling
and steel painting will be covered by a 6-year labor and materials warranty issued jointly by the
product manufacturer and the contractor.
In response to a question, Solid Waste/General Services Assistant Director Rick Carnley
anticipated that contracted work will last longer than the warranty. The system that extracts
chlorine residue from the air needs to be operational before staff can determine if a new HVAC
design is necessary.
Engineering
Road closures and traffic flow for Coronado Drive construction.
Building Construction Manager Perry Lopez reviewed the sequencing and maintenance
of traffic for the Coronado Drive project. Two lanes of traffic on Coronado Drive always will be
maintained. Assistant City Manager Garry Brumback said updates are planned for two-week
increments as construction proceeds. When completed, Coronado Drive will have precedence
over Hamden. It is estimated that Phase 1 construction will take one year.
Planning
Approve revisions to the Community Development Code and pass Ordinance 7605-06 on first
reading.
The Planning Department is recommending a total of 30 amendments to the Community
Development Code. The amendments present a change in current policy or a new policy issue
and are outlined here: 1) Parking Requirements - This ordinance increases the Residential Infill
Project minimum parking space requirement for residential dwellings from 1 space to 2 spaces
per unit in the LDR, LMDR, MDR, and MHDR Zoning Districts; 2) Comprehensive Infill
Redevelopment - The ordinance proposes amendments to improve the flexibility criteria for
Comprehensive Infill Redevelopment projects; 3) Density for Overnight Accommodations - This
ordinance proposes an increase in the number of overnight accommodation units per acre, from
40 units per acre to 50 units per acre; 4) Restaurants, permitted as a primary use in the IRT
District - The ordinance proposes to permit restaurants as a primary use through both minimum
standard development and flexible standard development; 5) Parking of vehicles on grass, by
City permission - This ordinance proposes to allow public purpose parking on grass surfaces, if
approved by the City Manager or the Community Development Coordinator.
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Other amendments are editorial in nature, provide additional flexibility criteria, or
refinements to existing Community Development Code sections. Those amendments address
parking restrictions on residential lots, graffiti, and the removal or impounding of inoperative
vehicles on public property. The definitions of "Community Development Coordinator," and
"Retail Sales and Services" are amended. The ordinance also prohibits building projections and
attachments, such as awnings or signs, from being garish or gaudy.
The CDB reviewed the proposed amendment at its regularly scheduled meeting on
March 21, 2006, and recommended its approval to the City Council.
Planning Director Michael Delk reviewed changes to overnight accommodation density,
increased parking requirements, and administrative amendments. Amendments to
comprehensive infill provide additional direction while preserving, but not guaranteeing, this type
of development. Suggested criteria assure quality of design.
Discussion ensued regarding how to determine “emerging character.” The City Attorney
recommended adding the phrase “as defined by a special area plan” regarding comprehensive
infill criteria.
In response to a question, Mr. Delk said professional evaluation will determine if a
project is part of “normal and orderly development.” To determine if adjoining properties will not
suffer a substantial detriment, staff considers an area’s general character and analyzes impacts.
It was stated that the CDB could approve a project opposed by staff. It was noted the applicant
must prove the issue. The City Manager said boards always will determine if criteria are met
and make judgments regarding applications. It was recommended that the City tighten criteria.
Mr. Delk said before making a recommendation, staff reviews applications with a
dispassionate eye, considering overall benefits, or lack thereof. In response to a question, Mr.
Delk said affordable housing and Downtown development is exempt from the two parking
spaces per unit requirement. In response to questions, the City Attorney said previously, infill
development did not have to comply with the Comprehensive Plan. It was noted on page 7 “50
units per acre” need to be referenced.
In reference to a job creation requirement, Mr. Delk said the jobs would have to be
significant economic contributors. Staff is in discussion regarding the provision of affordable
housing, is considering a range of 15% to 20%, and will report on their conclusions. Staff will
add language to clarify working waterfront uses.
Consensus was to reduce the size of restaurant sites to not exceed 2.5 acres nightclub
uses will be deleted from the IRT in a future revision.
For the next round of amendments, changes will be made to language related to infill in
the flexible standard. Discussion ensued regarding the meaning of “durable” grass. Mr. Delk
said the language refers to temporary and intermittent, not permanent parking. In response to a
question, Development Services Manager Bob Hall said language related to multiple frontages
will allow staff to determine the safest, most aesthetic way to solve parking issues.
Council Work Session 2006-04-03 7
Official Rec and Legislative Svc
Elect a Councilmember as Vice Mayor.
Consensus was to elect Councilmember Petersen as Vice-Mayor.
City Attorney
Adopt Ordinance 7546-06 on second reading, making amendments to Beach by Design by
amending Section II, Future Land Use, Subsection A, the "Old Florida" District; by amending
Section II, Future Land Use, Subsection C, Marina Residential District; and by amending
Sections V.B and VII.A.
The Planning Department began a study of the Old Florida District in 2005 as directed
by the City Council in order to address the discrepancy between the area’s zoning and land use
patterns and that which was recommended for development in BBD (Beach by Design).
Subsequent to the ideas generated by four public meetings in the Old Florida District and input
from City Council at Work Sessions on August 29, 2005 and January 19, 2006, revisions were
developed relating to uses, building heights, stepbacks, setbacks, landscaping and parking
access for the Old Florida District.
Due to lack of clarity regarding the definition of a live/work product and the apparent lack
of market for such uses on the beach, the Planning Department is proposing to eliminate the
live/work product reference in the Marina Residential District. In order to assist in the
development of new hotels, the Planning Department is proposing to increase the maximum
permitted density for overnight accommodations on Clearwater beach from 40 to 50 units per
acre. The Department also is proposing revisions to the transfer of development rights
provisions (TDR) to allow unlimited use of TDR for hotel development. Furthermore, restrictions
are proposed to limit the transfer of the additional hotel density granted by the proposed
amendments.
The Planning Department determined that the BBD amendments are 1) consistent with
and further the goals, policies and objectives of the Comprehensive Plan; and 2) further the
purposes of the Code and other City ordinances and actions designed to implement the Plan.
The CDB reviewed the proposed amendment at its regularly scheduled meeting on February
21, 2006, and voted in support recommending that 75-foot heights be permitted in the Old
Florida District.
Staff will amend the language to permit heights up to 75 feet for transient uses. It was
requested that a determination of design standards be scheduled.
Council Discussion Items
East Shore
Discussion ensued regarding the future redevelopment of East Shore.
Recommendations were made for residential-use heights and densities to remain unchanged
but to provide incentives for transient uses and increase those heights and densities. Mr.
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Brumback said it would be necessary to increase density to 200 or 300 units per acre to make a
substantial difference. Discussion ensued regarding County discussions on that issue.
It was doubted that sufficient property could be accumulated to allow the vacation of
East Shore. It was felt that a bay side location with docks would be attractive for hotel
development. Mr. Delk said it would be ideal if the public’s access to the waterfront could be
protected even when developments are less than 2.5 acres in size. He expressed concern that
several cleared waterfront lots are approved for redevelopment. He supported hotel
development incentives. It was suggested that incentives also be provided to owners of
property on the west side of East Shore to partner with those on the east. Staff will meet
individually with Councilmembers and then develop a package of incentives. It was
recommended that a more active waterfront be encouraged.
School 1906 Committee - apparent disconnects
The agreement between cities and the school board was reviewed with concern
expressed that the City and school calculation of future students differs.
Consensus was to support the agreement as presented.
Six Sigma Discussion
Discussion ensued regarding the Six Sigma approach to management. It was felt that
adopting the program is a management decision and concern was expressed regarding
associated costs.
The majority agreed the City Manager is responsible for the City’s management style.
CDB meeting follow-up (Joint City Council/CDB Work Session)
Discussion ensued regarding some CDB members stating they wanted additional
guidance and do not feel empowered to challenge staff recommendations or applicant
comments.
It was felt that board decisions that have opposed staff recommendations indicate that
members are empowered. Mr. Delk said members often question staff regarding their
recommendations. Staff is developing an information package for new members. A videotape
of Charlie Siemon’s training session also is available for new member review.
In response to a concern regarding one member’s claim that some board decisions
violate the comprehensive plan, it was stated that board member needs to provide evidence that
has occurred.
Discussion ensued regarding specific standards, with comments that all possibilities
cannot be anticipated, and that taste cannot be codified. It was recommended that staff provide
examples of better design. The City Attorney said examples must be illustrative, not definitive.
Council Work Session 2006-04-03 9
In response to a concern that the quasi-judicial procedure is difficult to understand, it
was noted an informational City DVD has been produced and staff spends time with residents to
help them understand the process.
In response to concerns that the City Council is not addressing all CDB related issues, it
was requested that a list of concerns be provided. It was recommended that the CDB not
negotiate conditions of approval during meetings after they approve projects against staff’s
recommendation to deny. The City Attorney said the CDB is not bound by City Council
direction.
In response to a recommendation to require a market analysis, the City Attorney said
Jupiter, Florida, requires one only for commercial and retail development. She said that issue is
only one component of the overall analysis. The majority did not support requiring a market
analysis.
It was requested the previous open space requirements be reinstated and setbacks be
measured differently.
Jaycees Bus Benches
Assistant City Attorney Leslie Dougall-Sides reviewed the for Jaycees bus bench signs
which would require a Code amendment. In response to a question, the City Attorney said
organizations with benches must meet statutory and maintenance requirements.
Consensus was to have staff move forward with a narrowly drawn ordinance that would
not undermine the current sign code.
Adjourn
The meeting adjourned at 6:38 p.m.
Council Work Session 2006-04-03 10