03/16/2015 City of Clearwater
City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
e �
Meeting Minutes
Monday, March 16, 2015
1 :00 PM
Council Chambers
Council Work Session
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City of Clearwater
Roll Call
Present 4 - Mayor George N. Cretekos, Vice Mayor Doreen Hock-DiPolito,
Councilmember Bill Jonson, and Councilmember Jay E. Polglaze
Absent 1 - Councilmember Hoyt Hamilton
Also Present: William B. Horne 11 - City Manager, Jill S. Silverboard - Assistant City
Manager, Rod Irwin, Assistant City Manager, Pamela K. Akin - City
Attorney, Rosemarie Call - City Clerk, and Nicole Sprague — Official
Records and Legislative Services Coordinator
To provide continuity for research, items are listed in agenda order although not necessarily
discussed in that order.
1. Call to Order
The meeting was called to order at 1:00 p.m. at City Hall.
2. Presentations
2.1 Service Awards
Three service awards were presented to city employees.
The March/April 2015 Bimonthly Team Award to the Downtown Bike
Team - Street Outreach: John Connor, Rodney Johnson, Jason Jones,
Jesse Myers, Brian Whitehead, Ryan McMullen Lesa Phillips, Justin
Howard, and Shannon Kasparek.
The Council recessed from 1:09 p.m. to 1:45 p.m. to meet as the Pension
Trustees and Community Redevelopment Agency.
3. City Manager
3.1 Recognize and designate the Clearwater Historical Society as the official historical
society operating within the City of Clearwater and adopt Resolution 15-06.
The Clearwater Historical Society was created and chartered in 1979 in
accordance with the laws of the State of Florida as a 501(c)3 not-for-profit
organization. It exists for the primary purpose of providing for the preservation
of the history of the greater Clearwater, Florida area and, in so doing, aids in
the preservation and recovery of artifacts, relics, documents and historic
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City of Clearwater
properties.
The Clearwater Historical Society fulfills the needs of its members, the public,
and many scholars for historical archives, exhibits and programs by serving as
the unifying body for historical organizations, and by providing services to
these organizations, and by providing services to these organizations as well
as to museums and other educational institutions.
The Clearwater Historical Society, while being the historical society that
operates mainly within the corporate limits of the City of Clearwater, has never
been designated as the official historical society recognized by the City of
Clearwater. The City of Clearwater has heretofore not recognized any historical
society as the official historical society to operate within the corporate limits of
the City of Clearwater.
Staff agrees and supports the purposes of the Clearwater Historical Society as
set forth above and recommends that Council designate them as the official
historical society within the City of Clearwater.
In response to questions, the City Manager said the Society has been in
existence since 1979. There is no cost associated with this request.
4. Office of Management and Budget
4.1 Amend the City's fiscal year 2014/15 Operating and Capital Improvement Budgets at
first quarter and pass Ordinances 8702-15 and 8703-15 on first reading.
The fiscal year 2014/15 Operating and Capital Improvement Budgets were
adopted in September 2014 by Ordinances 8585-14 and 8586-14. Section
2.521 of the City's Code of Ordinances requires the City Manager to prepare a
quarterly report detailing income, expenditure estimates, collections, the
explanation of significant variances, as well as the financial status of all capital
improvement projects. The memorandum and accompanying report provide
this information and outline the issues at first quarter that require amendment.
Staff was directed to provide information regarding where the $196,000 in the
Special Program Fund originated.
5. Economic Development and Housing
5.1 Sunset the Affordable Housing Advisory Committee (AHAC) and adopt Resolution
15-03.
On August 20, 2014, the City Council adopted Resolution 14-26 which
appointed the Neighborhood and Affordable Housing Advisory Board (NAHAB)
as the Affordable Housing Advisory Committee (AHAC) and added four
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City of Clearwater
additional members in order to comply with Florida Statute 420.9076. The
AHAC reviewed the City's policies, procedures, and land development
regulations and made recommendations to the City Council in a public meeting
held on December 18, 2014 regarding strategies to encourage affordable
housing as part of the Local Housing Incentive Strategy (LHIS) report.
The AHAC has completed its work for Fiscal Year 2014-2015 and therefore,
the Council can sunset the committee.
Per Florida Statutes, the City Council needs to appoint an AHAC every three
years to review the Local Housing Incentives Strategies.
Resolution 15-03 acknowledges the work of the AHAC has been completed
and terminates their appointments.
5.2 Approve a two-year blanket purchase order (contract) with option for one two-year
period renewal with NOVA Engineering and Environmental, LLC for building
inspections, reporting, and construction management services not to exceed $100,000
per term and authorize the appropriate officials to execute same. (consent)
The City of Clearwater solicited proposals on September 25, 2014 for services
including preparing preliminary plans, specifications, and estimates with
associated engineering discipline reports for residential (single-family and
multi-family) and commercial building inspections, and construction
management services for its housing and economic development programs.
These professional services are required for program compliance for the
various housing and economic development programs funded by state, federal
and local programs including rehabilitation, down payment assistance, and
public facilities.
The Scope of Services shall include, but not be limited to, performing feasibility
inspections and cost estimates, preparing and reviewing construction bid
documents, managing the construction process, organizing preconstruction
conferences and on-going inspections for draws/payments.
NOVA Engineering and Environmental, LLC (NOVA) was selected under
Request for Proposals 37-14 (Building Inspections, Reporting and Construction
Management Services). The City received three proposals (Nova, Universal
and Beryl) with NOVA receiving the highest score from the selection
committee.
The contract will be for a two-year term, with an option for one two-year
renewal with costs not to exceed $100,000 per term (or $50,000 per year)
based upon historical usage. The City has procured the services of NOVA
previously through piggy-backing on a service agreement Pinellas County had
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City of Clearwater
with NOVA. The City needed to procure these services directly because
additional services are being required by HUD that are currently not included
as part of the County's agreement with NOVA.
APPROPRIATION CODE AND AMOUNT:
Funds are available in CDBG, HOME, and SHIP to fund this contract.
6. Finance
6.1 Establish the intent to reimburse certain Water and Sewer project costs incurred with
proceeds from a future tax-exempt financing and adopt Resolution 15-04.
A Water and Sewer System rate study that was completed in August of 2014
determined that the council approved annual rate increases of 4.5% through
Fiscal Year (Fiscal Year) 16 are sufficient to provide for operations, capital
projects, and debt service on bonds during this period. Also, per the study
"...extension of the 4.5% annual increase in FY 2017 through FY 2024 is
currently projected to provide adequate revenue to meet the projected
requirements of the Utility during the remainder of the projection period."
The 2014 rate study anticipated the need for a new money bond issue of
approximately $30 million in 2016 to finance various Water and Sewer System
capital projects planned at the time of the rate study. An updated rate study will
be conducted prior to issuing any bonds to determine the exact amount
needed.
Approximately $20 million of the planned FY 2015 and FY 2016 projects per
the schedule (Exhibit A) could be financed with the tax-exempt bonds issued in
FY 2016.
Adoption of Resolution 15-04 establishes the City's intent to be reimbursed
from the proceeds of a bond issue in 2016 for up to $20 million of capital
project expenditures made prior to the issuance of the bonds.
7. Gas System
7.1 Approve a Mutual Use Agreement with Tampa Bay Water, given in consideration of
receipt of$10.00 and authorize the appropriate officials to execute same. (consent)
Starkey Ranch is a new subdivision in Pasco County with the Phase I entrance
road located on the north side of the intersection of State Road 54 (SR54) and
Trinity Boulevard. The new road north of SR54 will be called Heart Pine
Avenue. Clearwater Gas System (CGS) currently maintains a 6-inch gas main
along the north side of SR54. In order to serve the new subdivision, CGS will
tap its 6-inch main and run a new 4-inch gas line due north into the
development. However to accomplish this task, the natural gas main running
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City of Clearwater
north will have to cross a Tampa Bay Water (TBW) pipeline easement. To
cross this easement, CGS will have to enter into a Mutual Use Agreement
(MUA) with TBW. This agreement will allow CGS to tie in the main running
north with the existing main on SR54 and properly serve the new subdivision.
8. Human Resources
8.1 Approve the settlement agreement and general release between Michael Jackson and
the City of Clearwater, authorize the payment of$120,000 and three years of pension
service credit, and authorize the appropriate officials to execute same. (consent)
Mr. Jackson was terminated from employment on August 16, 2010 resulting
from a positive random drug test which is mandated by federal regulations for
employees occupying safety sensitive positions. The termination was
consistent with city policy for cases of this type.
Mr. Jackson appealed his termination through the Civil Service System. A
hearing was convened in September 2011 but was continued at the request of
his council and was not reconvened until February 2014. The Hearing Officer
recommended that Mr. Jackson be returned to work after accepting the
argument that Mr. Jackson was taking a mail order drug that could have
caused a false positive.
The Civil Service Board did not accept the hearing officer's recommendation
and determined the termination should be sustained. Mr. Jackson filed an
appeal with the court which is provided for in the Civil Service rules.
This agreement provides for $120,000 in back pay ($52,500 to be paid as
attorney's fees) and three years of pension service credit. The City will incur
an additional actuarial pension cost of$89,415 which will not be funded by a
separate contribution. The City will disclose the additional cost in the annual
actuarial calculation which will be incorporated into the City's annual pension
contribution.
This agreement will settle all current and future claims and end any current or
potential litigation.
The settlement will be funded from Clearwater Gas reserves as Mr. Jackson
was employed by the Gas Department at the time of termination.
USE OF RESERVE FUNDS:
Funding for this contract will be provided by a budget amendment allocating
Gas Fund reserves in the amount of$ 120,000.00.
9. Engineering
9.1 Award a Construction Contract to Poole and Kent Company of Florida, of Tampa,
Florida, for the East Water Reclamation Facility Effluent Filters Rehabilitation Project
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City of Clearwater
(13-0014-UT) in the amount of$1,552,852.00, which is the lowest responsible bid
received in accordance with the plans and specifications; approve a supplemental
work order to Engineer of Record (EOR) King Engineering, Inc. in the amount of
$19,761.00 for Construction Engineering Inspection Services and authorize the
appropriate officials to execute same. (consent)
The work provides for the rehabilitation of the existing effluent filters at the East
WRF. This project follows the recent successful completion of the rehabilitation
project for the Marshall Street WRF effluent filters. Similar to the previous
project, the old filter equipment will be sequentially taken out of service and
replaced with new mechanical and electrical equipment.
Project benefits are improved process efficiencies, ongoing rehabilitation and
restoration strategy of treatment infrastructure, increased environmental
protection and regulatory compliance.
The design phase was completed in October 2014 and the construction phase
is scheduled for completion in May 2016.
FOR King Engineering, Inc. has reviewed the five bids received on this project
and recommended award to Poole and Kent Company of Florida.
King Engineering will be providing full Construction Engineering Inspection
services during the construction phase.
The City of Clearwater's Public Utilities Department is responsible for owning,
operating and maintaining the East WRF.
APPROPRIATION CODE AND AMOUNT:
0315-96664-561300-535-0000 $19,761.00
0315-96664-568300-535-0000 $1,552,852
Funds are available in Capital Improvement Program project 0315-96664,
WPC R and R, in the amount of$1,572,613 to fund the work order and
contract.
9.2 Award a construction contract to All American Concrete Inc. of Largo, Florida, in the
amount of$3,673,266.71 for construction of Island Estates Bridge Replacements
(13-0004-EN), which is the lowest responsible bid received in accordance with plans
and specifications, and authorize the appropriate officials to execute same. (consent)
A load rating analysis was conducted by Kisinger Campo and Associates that
concluded that two bridges along Island Way (155513, 155514) and two
bridges on Harbor Passage (155515, 155516) have reached the end of their
lifespan This project entails complete replacement of four bridges within the
Island Estates subdivision of Clearwater Beach.
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City of Clearwater
Work includes demolition and replacement of existing structures, water main
and reclaimed water main adjustments, Natural Gas realignment, sanitary
sewer adjustments where necessary. Restoration items include concrete
curbing, concrete pavement, asphalt roadway, sod and miscellaneous
landscape/ irrigation.
In an effort to maintain access for the public, this project will have a phased
construction plan with project duration of 22 months.
The Engineering Department will continue to monitor and maintain the newly
constructed bridges and Public Utilities Department will maintain the utilities.
APPROPRIATION CODE AND AMOUNT:
0315-92274-563800-541-000-0000 $3,367,301.71
0327-96742-563800-533-000-0000 $ 173,591.00
0327-96634-563800-535-000-0000 $ 60,995.00
0315-96739-563800-533-000-0000 $ 71,379.00
Funds are available in Capital Improvement Program projects in amounts of
$3,367,301.71 in 315-92274, Bridge Maintenance and Improvements, and
$71,379 in 0315-96739, Reclaimed Water Distribution System, and in Utility
Renewal and Replacement projects in amounts of$173,591 in 0327-96742,
Line Relocation - Capital and $60,995 in 0327-96634, Sanitary Utility Relocate
Accommodation for total funding in the amount of$3,673,266.71.
In response to questions, Engineering Assistant Director Scott Rice said last
year the city rehabilitated the other five structures. The item before Council is
to replace the other four structures. Staff met with the Island Estates Civic
Association last Monday, reaction from the attendees was positive. Staff will
meet with residents at Clipper Cove condominium next week to discuss how
the project will impact their driveway.
9.3 Approve a work order to Engineer of Record (EOR), McKim and Creed, Inc., in the
amount of$146,200.00 to provide engineering services for a sanitary sewer system
inflow and infiltration (1/1) flow reduction program (15-0004-UT); and authorize the
appropriate officials to execute same. (consent)
As stated in the detailed work order initiation form submitted by the EOR, the
goal of this program is to identify sources of Inflow and Infiltration (I/I), quantify
the amount of I/I, and have City sewer maintenance crews immediately
remediate when possible. Follow up measurements will be taken to quantify
improvements. This approach is made possible by utilizing the EOR's expertise
in I/I identification and measurement with cellular telemetry, data logging and
data interpretation. The program will initially be focused on I/I problematic
sewer basins. Future expansion of the program via supplemental work
orders(s) will be considered if the reductions in flow and subsequent savings in
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City of Clearwater
sewer treatment costs provide an acceptable return on investment.
This work order was negotiated in accordance with the Consultant's
Competitive Negotiations Act.
APPROPRIATION CODE AND AMOUNT:
0315-96665-561300-535-000-0000 $146,200
Sufficient funding is available in Capital Improvement Program project
0315-96665, Sanitary Sewer R and R, to fund the work order.
In response to questions, Engineering Manager Rob Fahey said the project is
focusing on the Marshall Street basin and some of the east plant basin,
installing new flow monitoring devices to capture where excess water is
entering the system.
9.4 Establish Capital Improvement Program (CIP) project Centennial Monument to be
funded from general reserves in the amount of$650,000; approve a guaranteed
maximum price (GMP) proposal from Biltmore Construction, Construction Manager at
Risk, in the amount of$576,522 for the construction of the Centennial Monument
(13-0056-CM), and authorize the appropriate officials to execute same. (consent)
On June 6, 2013, Council approved the use of Construction Manager at Risk
Services (CMR) for Continuing Contracts with Biltmore Construction Co., Inc.
of Belleair, FL; Peter Brown Construction Solutions of Clearwater, FL; Certus
Builders, Inc. of Tampa, FL; Creative Contractors, Inc. of Clearwater, FL;
Honeywell Building Solutions of Orlando, FL; Keystone Excavators, Inc. of
Oldsmar, FL; and J. Kokolakis Contracting, Inc. of Tarpon Springs, FL for a
period of three years. These firms were selected in accordance with Florida
Statutes 255.103 and 287.055 under Request for Qualifications 15-13 based
upon construction experience, financial capability, availability of qualified staff,
local knowledge and involvement in the community.
City Council requested Engineering contract the construction of a monument to
commemorate the City's Centennial. The proposed Centennial Monument will
be constructed on the west end of the Courtney Campbell Causeway in FDOT
(Florida Department of Transportation) right-of-way (ROW) leased by the City
near the existing City of Clearwater sign (near the old welcome center).
The obelisk design mimics historical elements from downtown Clearwater
when incorporated in 1915. The monument will be 46 feet above grade, have a
20x20-foot concrete base and one center 16-foot deep support column. The
monument will have "Welcome to Clearwater" and a changeable Centennial
logo near the base, both internally illuminated, and a 4-foot diameter internally
illuminated sun globe at the top with recessed up lights. Adjustable colored
LED external lights will highlight silver-metallic panels, as well as soft recessed
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City of Clearwater
LED lights. Site work around the monument tower will include grading, new
sidewalk, landscaping and lighting.
The City has FDOT approval of the proposed project. Construction will
commence the first week of April and run though the grand opening of May 27,
2015.
APPROPRIATION CODE AND AMOUNT:
0315-92842-561300-519-000-0000 $576,522
USE OF RESERVE FUNDS:
Funding for this contract will be provided by a midyear budget amendment
allocating General Fund reserves in the amount of$650,000 to establish
capital improvement program project 315-92842, Centennial Monument.
A net total of$3,611,522 of General Fund reserves has been allocated to date
to fund expenditures in the 2014/15 operating budget. The remaining balance
in General Fund reserves is approximately $20.2 million, or 17.2% of the
2014/15 General Fund operating budget.
In response to a question, Engineering Construction Manager Tara Kivett said
staff has not determine how far the monument will be visible from the east.
The City Manager said staffs task was to complete the task, Council did not
discuss how the monument integrates with other projects, such as branding.
That type of discussion is not typically held.
In response to a question, the City Attorney said the City can accept donations
but cautioned about asking donations from those who do business with the
City. Typically the donations go through a 501 c3
Staff was directed to provide copies of the design specs requested and to take
the agenda item off the consent agenda.
10. Fire Department
10.1Award a contract (Purchase Order) in the amount of$ 178,510.00 to Ten-8 Fire
Equipment, Inc., 2904 59th Avenue Drive East, Bradenton, FL 34203 for one Osage
Warrior Rescue Ambulance in accordance with Sec. 2.564(1)(d), Code of Ordinances
- Other governmental bid; authorize lease purchase under the City's Master Lease
Purchase Agreement or internal financing via an interfund loan from the Capital
Improvement Fund, whichever is deemed to be in the City's best interest; and
authorize the appropriate officials to execute same. (consent)
This ambulance will be purchased through the Florida Sheriff's Association and
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City of Clearwater
Florida Association of Counties Contract 15-11-0116 in proposal dated
February 4, 2015.
The new vehicle, Rescue 48, will be located at the Belcher Road station and
replace a unit purchased in 2008. The unit it replaces will move to reserve
status and replace a unit G 2112, which will be retired. Due to the age,
mileage, and maintenance costs of this vehicle, it has been determined to have
reached the end of its useful life as a front line rescue unit.
Clearwater Fire and Rescue performs emergency medical services (EMS)
under a contract with the Pinellas County EMS Authority. The proposed
purchase was included in the Fiscal Year 2015 contract with the Authority and
the budget submitted to Pinellas County; the City will be reimbursed for the
purchase. Lease purchase funding in the amount of$240,000 for the purchase
of one vehicle was included in the six-year City's Capital Improvement 2015
budget in project 316-91236, Rescue Vehicles. Funds for debt payments are
included in the Fiscal Year 2015 department operating budget.
Estimated annual operating costs of$ 48,900.00 in the department's operating
budget include debt costs and garage charges for operating and maintaining
the vehicle. Garage charges on the new vehicle are expected to be less than
the vehicle being retired.
APPROPRIATION CODE AND AMOUNT:
Clearwater Fire and Rescue performs emergency medical services (EMS)
under a contract with the Pinellas County EMS Authority. The proposed
purchase was included in the Fiscal Year 2015 contract with the Authority and
the budget submitted to Pinellas County; the City will be reimbursed for the
purchase. Lease purchase funding in the amount of$240,000 for the purchase
of one vehicle was included in the six-year City's Capital Improvement 2015
budget in project 316-91236, Rescue Vehicles. Funds for debt payments are
included in the Fiscal Year 2015 department operating budget.
Estimated annual operating costs of$48,900.00 in the department's operating
budget include debt costs and garage charges for operating and maintaining
the vehicle. Garage charges on the new vehicle are expected to be less than
the vehicle being retired.
10.2Approve selection of Biltmore Construction of Belleair, FL as the Construction
Manager at Risk (CMAR) for the proposed Fire Station 50 project (14-0040-FI).
(consent)
The City issued Request for Qualifications 12-15 in January 2015 for
CMAR firms for the Fire Station 50 project in Countryside. Four firms
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City of Clearwater
responded.
The review committee included representatives of the Fire Department,
Solid Waste/General Services, Engineering and Plisko Architecture, the
project architect.
The selection committee ranked the firm's qualifications as follows:
Biltmore Construction, Creative Contractors, Ajax Building, and LEMA
Construction and Developers. The review committee recommends Biltmore
Construction for their comprehensive experience building several fire
stations throughout Florida.
Biltmore will provide preconstruction services under a Purchase Order
including design review and construction cost estimating. Once design
approaches final construction documents, staff will present a guaranteed
maximum price contract to Council for approval.
In response to questions, Engineering Construction Manager Tara Kivett said
Plisko Architecture was selected as the Engineer. Fire Chief Robert Weiss
said the station will be built to a Category 5, as required by the Florida Building
Code, and able to withstand 150 mph winds.
11. Planning
11.1Approve the annexation of property located at 2930 County Road 193; together with
all right-of-way of County Road 193; and pass Ordinance 8677-15 on first reading.
(ANX2014-11024)
This voluntary annexation petition involves a 4.47-acre parcel of land located
on the northeast corner of County Road 193 approximately 590 feet south of
Sunset Point Road. The parcel is owned by St. Mary and St. Mina Coptic
Orthodox Church, which currently operates out of four buildings on the site.
The church was originally built in 1932, with subsequent additions in 1965,
2000, and 2008. The property is contiguous to existing City boundaries along
the north, east, and south. The applicant is requesting annexation in order to
receive solid waste service from the City, and will connect to City sewer when it
is made available in the future as part of the City's CR 193 Sanitary Sewer
System Extension Project. The Development Review Committee is proposing
that the 1.26-acres of County Road 193 right-of-way not currently in the City
limits also be annexed.
The existing Pinellas County future land use designation is Residential Low
(RL) and the zoning designation is A-E Agricultural Estate Residential. The
City's Community Development Code only allows places of worship within the
Institutional (1) District, which is consistent with the Institutional (1) future land
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City of Clearwater
use category. Therefore, the applicant has submitted applications to change
the property's Future Land Use Map designation of Residential Low (RL) to
Institutional (1) (LUP2014-11004) and to rezone the property to the Institutional
(1) District (City of Clearwater) (REZ2014-11005) upon annexation into the City
in order for the church to be a conforming use. These additional applications
are being processed concurrently with this case.
The Planning and Development Department determined that the proposed
annexation is consistent with the provisions of Clearwater Community
Development Code Section 4-604.E as follows:
• The property currently receives water service from Pinellas County.
Collection of solid waste will be provided to the property by the City.
The applicant will connect to the City's sanitary sewer service when it is
available, and is aware of the sewer impact fee that must be paid in
order to connect and of the financial incentives available. The property
is located within Police District III and service will be administered
through the district headquarters located at 2851 McMullen Booth
Road. Fire and emergency medical services will be provided to the
property by Station 48 located at 1700 North Belcher Road. The City
has adequate capacity to serve the property with sanitary sewer, solid
waste, police, fire and EMS service. Water service will continue to be
provided by Pinellas County. 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 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.
• The property is contiguous to existing City boundaries along the north,
east, and south; therefore, the annexation is consistent with Florida
Statutes Chapter 171.044.
Items 11.1 — 11.3 were presented together.
In response to questions, Assistant City Manager Jill Silverboard said the
Institutional zoning is an established pattern already. Planner Kyle Brotherton
said the school is immediately south of the residential community, the property
to the west is not contiguous to the residential community. The first building on
the site was built in 1932. Planning Manager Lauren Matzke said the item
before Council is consistent with the rules and locational criteria found in the
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City of Clearwater
PPC's long range direction. The Agricultural Estate Residential District is
primarily is a single-family large lot development, the County allows a variety
of uses through special exceptions and conditional uses, many of which are
allowed within the City's Institutional district.
Staff was directed to provide a list Institutional uses allowed in Clearwater and
Pinellas County.
In response to questions, Engineering Manager Rob Fahey said at the time
the Master Plan was put together for the Septic to Sewer Expansion Project,
there were only three areas that were predominantly surrounded by city
parcels on city water. CR193 was a small area but included in the group.
Planning and Development Assistant Director Gina Clayton said development
of a parking garage to serve the church users would depend whether the
Church met the setbacks or needed any flexibility. In order to locate a cell
phone tower on the site, the request must go through a public hearing at the
Community Development Board. Ms. Silverboard said the traffic impact would
not change as a result of the land use or zoning change. Ms. Clayton said if the
property is annexed into city limits, the City is obligated to bring it in with a land
use category that is consistent with the City's Comprehensive Plan. In
Clearwater, a church can only be located in an area with Institutional land use
category and Institutional zoning.
11.2Approve a Future Land Use Map Amendment from the Residential Low (RL) category
to the Institutional (1) category for property located at 2930 County Road 193; and
pass Ordinance 8678-15 on first reading. (LUP2014-11004)
This Future Land Use Map amendment involves a 4.47-acre property
consisting of one parcel of land located on the northeast corner of County
Road 193 approximately 590 feet south of Sunset Point Road. The parcel is
owned by St. Mary and St. Mina Coptic Orthodox Church, which currently
operates out of four buildings on the site. The applicant is requesting to
amend the property's Future Land Use Map category of Residential Low (RL)
to the Institutional (1) category in order to continue to operate as a conforming
use within the City after annexation. The applicant has submitted two
additional applications being processed concurrently with this case:
1. A Petition for Annexation for the 4.47-acre property (ANX2014-11024);
and
2. A Zoning Atlas amendment to rezone the property from the A-E
Agricultural Estate Residential District (Pinellas County) to the
Institutional (1) Zoning District (REZ2014-11005).
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City of Clearwater
The proposed Institutional (1) category would permit up to 12.5 dwelling units,
or a FAR of 0.65. However, the City's Community Development Code limits
development within the Institutional (1) District to nonresidential or residential
equivalent uses. The Institutional (1) future land use designation requested is
consistent with the surrounding future land use designations that exist in the
vicinity of the subject property, which include residential and institutional uses.
The proposed Institutional (1) designation will also allow the church to exist as a
conforming use in the City of Clearwater.
The Planning and Development Department determined that the proposed
Future Land Use Map amendment is consistent with the provisions of
Clearwater Community Development Code as specified below:
• The proposed amendment is consistent with the Comprehensive Plan,
the Countywide Plan Rules, and the Community Development Code.
• The proposed amendment is compatible with the surrounding property
and character of the neighborhood.
• Sufficient public facilities are available to serve the property.
• The proposed amendment will not have an adverse impact on the
natural environment.
• The proposed amendment will not have an adverse impact on the use
of property in the immediate area.
In accordance with the Countywide Plan Rules, this land use plan amendment
is subject to the approval of the Pinellas Planning Council and the Board of
County Commissioners acting as the Countywide Planning Authority. The
application is a small-scale amendment so review and approval by the Florida
Department of Economic Opportunity (Division of Community Planning) is not
required.
The Community Development Board reviewed this application at its February
17, 2015 public hearing and unanimously recommended approval.
11.3Approve a Zoning Atlas Amendment from the A-E Agricultural Estate Residential
District (Pinellas County) to the Institutional (1) District (City) for property located at
2930 County Road 193; and pass Ordinance 8679-15 on first reading.
(REZ2014-11005)
This Zoning Atlas amendment involves a 4.47-acre parcel of land located on
the northeast corner of County Road 193 approximately 590 feet south of
Sunset Point Road. The parcel is owned by St. Mary and St. Mina Coptic
Orthodox Church, which currently operates out of four buildings on the site.
The applicant is requesting to rezone the property from A-E Agricultural Estate
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City of Clearwater
Residential District (Pinellas County) to the Institutional (1) District (City) in
order to continue to operate as a conforming use within the City after
annexation. The applicant has submitted two additional applications being
processed concurrently with this case:
1. A Petition for Annexation for the 4.47-acre property not currently within
the City (ANX201 4-1 1 024); and
2. A Future Land Use Map amendment from the Residential Low (RL)
category (Pinellas County) to the Institutional (1) category (LUP2014-
11004).
The proposed Institutional (1) District will allow the site to continue to be used
as a place of worship in conformance with the City's Community Development
Code. The Institutional (1) zoning district is consistent with the surrounding
zoning districts that exist in the vicinity of the subject property. As such, the
proposed amendment will allow development that is in character with the
surrounding properties and neighborhood.
The Planning and Development Department determined that the proposed
Zoning Atlas amendment is consistent with the Clearwater Community
Development Code as specified below:
• The proposed amendment is consistent with the Comprehensive Plan
and the Community Development Code.
• The proposed amendment is compatible with the surrounding property
and character of the neighborhood.
• The available uses in the Institutional (1) District are compatible with the
surrounding area.
• The proposed amendment will not adversely burden public facilities,
including the traffic-carrying capacities of streets, in an unreasonably or
disproportionate manner; and
• The proposed Institutional (1) District boundary is appropriately drawn in
regard to location and classification of streets, ownership lines, existing
improvements, and the natural environment.
The Community Development Board reviewed this application at its February
17, 2015 public hearing and unanimously recommended approval.
11.4Approve the historic designation of the Old Pinellas County Courthouse located at 324
South Fort Harrison Avenue; and pass Ordinance 8680-15 on first reading.
(HIS2014-12003)
This historic designation application involves the Old Pinellas County
Courthouse located on the southwest corner of Court Street and South
Fort Harrison Avenue. This includes the original 1917 building as well
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City of Clearwater
as the 1924 and 1926 additions. It is an excellent example of
Neoclassical Revival Style architecture designed by Francis J. Kennard,
a well known pioneer architect from Tampa, who also designed the
Belleview Biltmore Hotel in Belleair.
The Old Pinellas County Courthouse is one of downtown Clearwater's
major landmarks and one of the few properties listed on the National
Register of Historic Places within the City. The historic designation of
this property will protect Pinellas County's center for government, as well
as one of its most important civic buildings. Designating the Old Pinellas
County Courthouse locally will ensure that any future improvements will
maintain the historic integrity of the building because the owner is
required to request a certificate of appropriateness in order to materially
alter the building, erect a new building on the property or demolish or
relocate the building.
The Planning and Development Department determined that the
proposed historic designation of the Old Pinellas County Courthouse is
consistent with three of the four criteria for evaluating historic properties
specified in the Community Development Code (Section 4-407.F.2.a-c):
• The property is associated with events that made a
significant contribution to the board pattern of the City.
• The property is associated with the lives of persons
significant in history.
• The property possesses distinctive characteristics of a
type, period or method of construction.
Pursuant to Community Development Code Section 4-607.F.3., historic
properties shall be classified as exceptional, excellent, notable or of
value as part of the scene, depending on the number of designation
criteria met. Properties that satisfy three of the four criteria are
classified as excellent. As previously stated, the, the Old Pinellas County
Courthouse meets three of these criteria and therefore should be
classified as excellent.
The Community Development Board reviewed this application at its
public hearing on February 17, 2015 and unanimously recommended
approval.
11.5Approve the annexation, initial Future Land Use Map designation of Residential Low
(RL) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR)
District for 1490 Grove Circle Court; and pass Ordinances 8683-15, 8684-15 and
8685-15 on first reading. (ANX2015-01001)
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City of Clearwater
This voluntary annexation petition involves a 0.233-acre property consisting of
one parcel of land occupied by a single-family dwelling. It is located on the
north side of Grove Circle Court, approximately 165 feet from Highland
Avenue. The applicant is requesting annexation in order to receive solid waste
service from the City and will connect to City sewer when it is available in the
future, as part of the City's Grove Circle Sanitary Sewer System Extension
Project. The property is contiguous to existing City limits to the north and east.
It is proposed that the property be assigned a Future Land Use Map
designation of Residential Low (RL) and a zoning category of Low Medium
Density Residential (LMDR).
The Planning and Development Department determined that the proposed
annexation is consistent with the provisions of Clearwater Community
Development Code Section 4-604.E as follows:
• The property currently receives water service from the City. Collection
of solid waste will be provided to the property by the City. The applicant
will connect to the City's sanitary sewer service when it is available, and
is aware of the sewer impact fee that must be paid in order to connect
and the financial incentives available. The property is located within
Police District II and service will be administered through the district
headquarters located at 645 Pierce Street. Fire and emergency medical
services will be provided to this property by Station 51 located at 1720
Overbrook Avenue. 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 Residential Low (RL) Future Land Use Map category is
consistent with the current Countywide Plan designation of this
property. This designation primarily permits residential uses at a
density of 5 units per acre. The proposed zoning district to be
assigned to the property is the Low Medium Density Residential
(LMDR) District. The use of the subject property is consistent with the
uses allowed in the District and the property exceeds the District's
minimum dimensional requirements. The proposed annexation is
therefore consistent with the Countywide Plan and the City's
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City of Clearwater
Comprehensive Plan and Community Development Code; and
• The property proposed for annexation is contiguous to existing City
boundaries to the north and east; therefore, the annexation is
consistent with Florida Statutes Chapter 171.044.
11.6Approve the annexation, initial Future Land Use Map designation of Residential Urban
(RU) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR)
District for 1224 Palm Street and 2077 The Mall; and pass Ordinances 8686-15,
8687-15 and 8688-15 on first reading. (ANX2015-01002)
These voluntary annexation petitions involve two parcels of land totaling 0.237
acres. One parcel is occupied by a single-family dwelling and one is occupied
by an attached dwelling (duplex). The two lots are located south of Union
Street, east of Douglas Avenue, north of Sunset Point Road (SR 576), and
west of Kings Highway. The applicants are requesting annexation in order to
receive solid waste service, and will connect to City sewer as part of the City's
Idlewild/The Mall Septic-to-Sewer Project. The properties are contiguous to
existing City limits along at least one property boundary. It is proposed that the
properties be assigned a Future Land Use Map designation of Residential
Urban (RU) and a zoning category of Low Medium Density Residential
(LMDR).
The Planning and Development Department determined that the proposed
annexations are consistent with the provisions of Clearwater Community
Development Code Section 4-604.E as follows:
• The properties currently receive water service from the City. Collection
of solid waste will be provided to the properties by the City. The
applicants have paid the required impact fee in full. 2077 The Mall is
already connected to City sewer system and 1224 Palm Street will be
connected by the contractor soon. The properties are 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 these properties by Station 51 located at
1720 Overbrook Avenue. The City has adequate capacity to serve
these properties with sanitary sewer, solid waste, police, fire and EMS
service. The proposed annexations will not have an adverse effect on
public facilities and their levels of service; and
• The proposed annexations are consistent with and promote 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
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City of Clearwater
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 Residential Urban (RU) Future Land Use Map category
is consistent with the current Countywide Plan designation of the
properties. This designation primarily permits residential uses at a
density of 7.5 units per acre. The proposed zoning district to be
assigned to the properties is the Low Medium Density Residential
(LMDR) District. The use of the subject property located at 1224 Palm
Street is consistent with the uses allowed in the Low Medium Density
Residential (LMDR) District and the property exceeds the District's
minimum dimensional requirements. The property located at 2077 The
Mall is an existing duplex, and although the use is allowed within the
Low Medium Density Residential (LMDR) District, the property exceeds
the number of units allowed on the parcel based on the underlying
Residential Urban (RU) Future Land Use designation. The
requirements of Article 6, Nonconformity Provisions of the Community
Development Code will apply to this property once annexed into the
City. The proposed annexations are therefore consistent with the
Countywide Plan and the City's Comprehensive Plan and Community
Development Code; and
• The properties proposed for annexation are contiguous to existing City
limits along at least one property boundary; therefore, the annexation is
consistent with Florida Statutes Chapter 171.044.
11 JApprove annual blanket purchase orders (contracts) and two one-year renewal terms
at the City's option, per Invitation to Bid Number 06-14, in the total annual amount of
$150,000 for Inspection and Plan Review Services, as required by the Planning and
Development Department and authorize the appropriate officials to execute same.
(consent)
The Planning and Development Department requests blanket purchase orders
be issued to three responsive bidders: Quorum Services, of Tampa, FL;
Universal Engineering Sciences of Orlando, FL; and PDCS, LLC, of Orlando,
FL. Each vendor has unique specialties which may be required for various
projects within the City. Staff requests the flexibility to allocate the annual
amount of$150,000 as needed during the purchase order term of one year, as
provided in the city's Code of Ordinances, Section 2.561.
Vendors are selected on an as needed basis by specialty and their availability.
Availability includes having the appropriate licensed individual to perform the
required work needed on any given day. All staffing must possess the
appropriate State of Florida Department of Business and Professional
Regulation (DBPR) license. City staff managing the daily inspection requests
and plan review needs will contact the companies listed to find an available
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City of Clearwater
licensed professional.
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. There are fluctuations in daily
requests for inspections and plan reviews. Inspections are promised the next
business day and plan reviews have all been expedited in the past few years to
accommodate the Business Task Force recommendations. To keep these
city goals it is sometimes necessary to fluctuate staffing levels to keep
business timely, which requires the utilization of outside contractors who have
state licensed personnel.
Funding is from approved line item in 2015 budget.
APPROPRIATION CODE AND AMOUNT:
0-010-01430-530300-524000-0000 (Other Contractual) $150,000
12. Solid Waste
12.1Award a contract (Purchase Order) for $185,400.22 to Alan Jay Fleet Sales of
Sebring, FL for the purchase of six 2015 Ford F350's for Parks and Recreation
Department's Replacement Vehicles, in accordance with the Florida State Contract
25100000-15-1, 2.564(1)(d), Code of Ordinances-Other Governmental Bid; authorize
lease purchase under the City's Master Lease Purchase Agreement, or internal
financing via an interfund loan from the Capital Improvement Fund, whichever is
deemed to be in the City's best interest; and authorize the appropriate officials to
execute same. (consent)
The six Ford trucks will be purchased through the Florida State Contract
25100000-15-1 quotes dated February 11, 2015 and February 13, 2015 and
will replace the following, which are all assigned to the Parks and Recreation
Department:
G2047 1999 GMC 3500 FLATBED TRUCK WITH WELDER with 65,400 miles
G2255 2000 GMC 350OHD FLATBED with 60,529 miles
G2487 2002 CHEVROLET 350OHD CAB & CHASSIS with 88,305 miles
G2489 2002 CHEVROLET 3500 UTILITY BODY PICKUP TRUCK with
101,580 miles
G2493 2002 CHEVROLET 3500 CREW CAB FLATBED DUMP TRUCK with
95,345 miles
G2827 2004 CHEVROLET 3500 CREW CAB FLATBED DUMP TRUCK with
97,104 miles
These vehicles were included in the Fiscal Year 2014/2015 Garage CIP
Replacement Fund.
APPROPRIATION CODE AND AMOUNT:
316-94241-564100-519 $185,400.22
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City of Clearwater
12.2Approve annual blanket purchase order (contract) and two one-year renewal terms at
the City's option, to TK6 Worldwide of Tampa, FL per Invitation to Bid 16-15, in the
total annual amount of$60,000 for electronic waste recycling services, as required by
the Solid Waste Department. (consent)
The Solid Waste Department accepts electronic waste (a.k.a., e-waste) from
our residential customers. The majority of the a-waste is collected at
residences after a resident-initiated phone call requesting service. The
Department also hosts a once-monthly drop-off event held at the Solid Waste
Complex the last Wednesday of each month (7am to 3pm). All a-waste
collected is palletized and shrink-wrapped at our complex to enable prompt
loading and unloading.
During January 2015, the Purchasing Department advertised an Invitation to
Bid (ITB 16-15) for the a-waste recycling and disposal services. TK6
Worldwide was the lowest bidder among the eight respondents.
APPROPRIATION CODE AND AMOUNT:
Funds are available as part of the Fiscal Year 2014/15 Operating Budget of the
Solid Waste Fund:
• 0-424-02082-543500-534-000-0000 (Residential Collection Dump
Fees)
12.3Award a contract (Purchase Order) for $155,024.50 to Alan Jay Fleet Sales of
Sebring, FL for the purchase of five 2015 Ford F250's for Engineering, Gas and Public
Utilities Department's Replacement Vehicles, in accordance with the Florida Sheriff's
Association Contract 14-22-0904 and 14-12-0904 (1)(d), Code of Ordinances-Other
Governmental Bid; authorize lease purchase under the City's Master Lease Purchase
Agreement, or internal financing via an interfund loan from the Capital Improvement
Fund, whichever is deemed to be in the City's best interest; and authorize the
appropriate officials to execute same. (consent)
The five Ford trucks will be purchased through the Florida Sheriff's Association
Contract No. 14-22-0904 and 14-12-09044 quotes dated January 9, 2015,
February 11, 2015 and February 14, 2015 and will replace the following, which
are assigned to the Engineering, Gas and Public Utilities Departments:
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City of Clearwater
G2286 1999 2000 CHEVROLET 2500 UTILITY BODY TRUCK with 67,360
miles
G2639 2003 CHEVROLET SILVERADO 2500 HD PICK UP TRUCK with
131,537 miles
G2864 2004 CHEVROLET SILVERADO 250OHD PICK UP TRUCK with
99,046 miles
G3017 2005 CHEVROLET 250OHD PICKUP TRUCK with 115,613 miles
G3018 2005 CHEVROLET 250OHD PICKUP TRUCK with 101,463 miles
These vehicles were included in the Fiscal Year 2014/2015 Garage CIP
Replacement Fund.
APPROPRIATION CODE AND AMOUNT:
316-94241-564100-519 $155,024.50
12.4Award a contract (Purchase Order) for $137,249.00 to Duval Ford Fleet Sales of
Jacksonville, FL for the purchase of five 2015 Ford Transits for Engineering, Fire,
Public Utilities and Solid Waste Department's Replacement Vehicles, in accordance
with the Florida Sheriff's Association Contracts 14-22-0904 and 14-12-0904 (1)(d),
Code of Ordinances-Other Governmental Bid; authorize lease purchase under the
City's Master Lease Purchase Agreement, or internal financing via an interfund loan
from the Capital Improvement Fund, whichever is deemed to be in the City's best
interest; and authorize the appropriate officials to execute same. (consent)
The five Ford Transits will be purchased through the Florida Sheriff's
Association Contracts 14-22-0904 and 14-12-0904 on quotes dated February
10, 2015, February 25, 2015 and March 2, 2015. G3505 was scheduled for
replacement during Fiscal Year 15/16; however due to costly engine repairs
needed now, an off cycle replacement was approved on February 4, 2015 by
the Resource Management Committee. The vehicles, which are assigned to
the Engineering, Fire, Public Utilities and Solid Waste departments, will
replace:
G1544 1995 GMC WALK IN VAN with 63,098 miles
G2136 1999 DODGE RAM 1500 CARGO VAN with 41,806 miles
G2321 2004 2000 CHEVROLET EXPRESS CARGO VAN with 62,965 miles
G2445 2001 GMC SAVANA CARGO VAN with 68,498 miles
G3505 2007 FREIGHTLINER 2500 SPRINTER CARGO VAN with 101,463
miles
G1544, G2136, G2321, and G2445 were included in the Fiscal Year
2014/2015 Garage CIP Replacement Fund. G3505 was scheduled for 15/16
Replacement.
APPROPRIATION CODE AND AMOUNT:
316-94241-564100-519 $137,249.00
In response to questions, Fleet Manager Perry Conzen said two of the vans
being purchased are for parking meter collection, the other van is for another
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City of Clearwater
department. Assistant City Manager Jill Silverboard said having the
departments share the vehicles would decrease the time available to collect
parking meter revenue.
13. Official Records and Legislative Services
13.1 Reappoint Nino Accetta and Edward T. O'Brien, Jr. to the Marine Advisory Board with
terms to expire March 31, 2019. (consent)
There was consensus to reappoint Nino Accetta and Edward O'Brien. Staff
was directed to place the item on the Consent Agenda.
13.2Appoint Joseph A. Nycz to the Municipal Code Enforcement Board to fill the
remainder of an unexpired term through October 31, 2017.
There was consensus to appoint Joseph Nycz. Staff was directed to place the
item on the Consent Agenda.
14. Legal
14.1Adopt Ordinance 8689-15 on second reading, vacating public right-of-way described
as the 20-foot platted right-of-way, abutting and lying west of Lots 5, 6, 9, 10 and 13 of
Block 6, "R.J. Booth Subdivision" as recorded in Plat Book 9, Page 22 of the Public
Records of Pinellas County, Florida.
14.2Adopt Ordinance 8690-15 on second reading, vacating that certain 15-foot drainage
easement described as the South 15 feet of Lot 4, Block "C", Unit 7 of Skycrest
Subdivision as recorded in Plat Book 30, Page 18 of the Public Records of Pinellas
County, Florida.
14.3Adopt Ordinance 8691-15 on second reading, vacating public right-of-way described
as that certain portion of Park Street right-of-way lying in the Northeast '/4 of Section
15, Township 29 South, Range 15 East, Pinellas County, Florida.
14.4Adopt Ordinance 8692-15 on second reading, creating a Nuisance Abatement Board
with the authority to abate nuisances on premises where specified illegal activity is
occurring, such as activity involving the unlawful use of drugs and prostitution.
15. City Manager Verbal Reports — None.
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City of Clearwater
16. City Attorney Verbal Reports — None.
17. Council Discussion Item
17.1 Noise Ordinance - Mayor Cretekos
Mayor Cretekos said Councilmember Hamilton requested consideration to
continue discussion to Thursday's council meeting as he was unable to attend
today's meeting.
Assistant City Attorney Rob Surette said the City uses a loud and raucous
standard which is a standard based on a reasonable person of ordinary
sensibilities, maintaining a distance of 100 feet from the source of noise with a
determination being made if the nature of the noise, its volume, intensity and
duration would constitute that standard. People refer to it as a subjective test,
however, the reasonable person standard is used within civil and criminal
law. He said decibel meters need to be purchased, calibrated and a standard
needs to be set. Meter calibration comes with a cost.
Police Chief Daniel Slaughter said this tends to be an issue in District 1, which
includes the beach. He said issuing a warning is their primary source for
resolution and his staff has met with business owners to discuss the
issue. There is a minority group of people that make the majority of the
complaints, officers go to the resident's location to hear what they are
hearing. He said this is a problem that needs to be managed.
In response to questions, Chief Slaughter said the complaints come from a
mix of locations and that a recent citation was issued Sunday, March 1 at
12:10 a.m.
18. New Business (items not on the agenda may be brought up asking they be
scheduled for subsequent meetings or work sessions in accordance with Rule 1,
Paragraph 2).
Councilmember Jonson quoted Bill Kessler, "You have all the ingredients,
You have what it takes, 1 can't think of another city that 1 have been engaged
with that has so many cornerstones and foundational ingredients to fuel a
dynamic renaissance in a relatively short period of time. Clearwater is poised
for greatness."Councilmember Jonson said he thought it would be nice to
discuss those comments in the future.
19. Closing Comments by Mayor
20. Adjourn
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City of Clearwater
The meeting adjourned at 3:02 p.m.
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City of Clearwater