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05/01/2017 Council Work Session Meeting Minutes May 1, 2017 City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 Meeting Minutes Monday, May 1, 2017 1:00 PM Council Chambers Council Work Session Page 1 City of Clearwater Council Work Session Meeting Minutes May 1, 2017 Roll Call Present 4 - Mayor George N. Cretekos, Vice Mayor Hoyt Hamilton, Councilmember Cundiff, and Councilmember Jonson Absent 1 - Councilmember Doreen Caudell Also Present: William B. Horne II – City Manager, Jill Silverboard – Deputy 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 – Mayor Cretekos The meeting was called to order at 1:00 p.m. at City Hall. Mayor Cretekos urged all to vote for Quincy, Clearwater Police Arson Dog, for Hero Dog Award at herodogawards.org/dog/Quincy. The Council recessed from 1:01 p.m. to 1:10 p.m. to meet as the Community Redevelopment Agency. 2. Finance 2.1 Amend the Clearwater Code of Ordinances, Section 2.527 - Settlement of Claims, to increase the City Manager or his/her designee authority to settle and release, on behalf of the City, any claim or lawsuit, both for and against the City, up to and including $50,000, which is an increase from its current amount of $25,000; approve any settlement that exceeds $15,000 (currently $7,500) shall be reviewed by the City Attorney and/or designee and any claim that exceeds $25,000 (currently $15,000) shall require unanimous written concurrence of the City Manager, City Attorney and Risk Manager or their designees and pass Ordinance 9031-17 on first reading. The Risk Management Division of the Finance Department respectfully requests this amendment to allow for settlement of claims to be more efficient and to acknowledge that current claims settlement authorization levels are not sufficient, since settlements have become increasingly more expensive since 1980, which is the date of the original Ordinance. In reviewing the 22 claims that went to Council for settlement approval from June 2014 to March 2017, 10 of those claims fell between $25,000 and $50,000. Page 2 City of Clearwater Council Work Session Meeting Minutes May 1, 2017 By increasing the settlement authority to $50,000, it will provide for the following benefits:  Allow recognition that claims values have increased since 1980, the date of the original Ordinance, due to medical and legal expenses.  Greater flexibility for Risk Management and the Claims Committee to settle claims quicker, therefore reducing workload, claims severity and legal expenses.  Reduce the amount of time for review and approval of these settlements arising from one on one’s with councilmembers, presentations at council work sessions and council meetings. Risk Management believes the recommended changes to this Section will increase the efficiency and provide a financial benefit of reducing claims severity and legal payments. In response to a question, Risk Manager Rick Osorio said the last time the authorization levels were adjusted was 1980. 3. Engineering 3.1 Approve a Work Order to Engineer of Record (EOR) McKim and Creed of Clearwater, Fl, in the amount of $170,847 for Lift Station 45 Force Main Replacement (17-0016-UT), and authorize the appropriate officials to execute same. (consent) The City of Clearwater’s Lift Station 45 has a 16-in. force main which transfers wastewater collected from the Sand Key service area to Lift Station 16. The force main is approximately 5,000 linear feet (LF) and is located along Gulf Blvd between Lift Station 45 and the Sand Key Bridge. This section of the force main has been repaired several times since 2007; the latest repair occurred in December 2016 after a pipeline break and subsequent minor spill. The City has decided to replace the force main in its entirety because of the repeated repairs and it is approaching 40 years of service. Engineer of Record McKim and Creed will evaluate, design, and permit the replacement of the forcemain for Lift Station 45. APPROPRIATION CODE AND AMOUNT: 382-96654-561300-535-000-0000 $170,847 Page 3 City of Clearwater Council Work Session Meeting Minutes May 1, 2017 Resolution 17-10 was passed on March 16, 2017, establishing the City’s intent to reimburse certain project costs incurred with future tax-exempt financing. The projects identified with 2018 revenue bonds as a funding source were included in the project list associated with Resolution 17-10. Sufficient budget for interim financing or funding with 2018 Water and Sewer Revenue bond proceeds, when issued, is available in bond project 0382-96654, Facilities Upgrade and Improvements to fund the work order. In response to a question, Engineering Assistant Director Scott Rice said the item before Council is for design. Once the design is completed staff will know the project timeframe and cost. 3.2 Approve Amendment 1 to Local Agency Program (LAP) Agreement between Florida Department of Transportation (FDOT) and the City of Clearwater to increase federal funding by $67,981 for the construction of Druid Trail Phase IV, extend the agreement to October 31, 2018, authorize the appropriate officials to execute same and adopt Resolution 17-18. January 19, 2017, City Council approved a Local Agency Program (LAP) agreement between the City of Clearwater and the Florida Department of Transportation (FDOT) and authorized the City to build the final section of the Druid Trail which will tie into the terminus of Druid Trail Phase III. Druid Trail Phase IV is an eight foot wide multiuse asphalt trail on Druid Road from Evergreen Avenue (Glen Oaks Park) to the Duke Energy Trail. Upon completion of design estimated costs were higher than anticipated. In order to rectify this FDOT has agreed to cover the increase of $67,981. City funds will remain at $687,807. FDOT federal funding will be increased from $2,223,803 to $2,291,784. The overall project value increases from $2,911,610 to $2,979,591. The LAP agreement is expected to go into effect in May 2017 and the project is to be completed by October 31, 2018.Maintenance of the facilities for the trail will be the responsibility of the Parks and Recreation Department and Traffic Operations Division of the Engineering Department. City staff recommends approval of the LAP agreement and adoption of Resolution 17-18. APPROPRIATION CODE AND AMOUNT: 0315-92146-334411-000-000-0000 $67,981 A midyear budget amendment will increase budget only of Grant Revenue in Capital Improvement project 0315-92146, Druid Road Improvement. Page 4 City of Clearwater Council Work Session Meeting Minutes May 1, 2017 In response to a question, Traffic Operations Manager Paul Bertels said the completion date was moved to August 2018. The agency will insert the start date on the contract when they execute the document. 3.3 Approve the final plat for Stevenson Creek Townhomes, whose physical address is 1112 Stevenson Avenue, located on the North-easterly corner of Stevenson Avenue and the Pinellas Trail. (consent) This plat will create 7 single family lots consisting of one acre, more or less. This will include 7 attached dwellings in 3 different buildings. The zoning is Medium Density Residential. This was approved through the Development Review Committee on September 1, 2016. Staff was directed to provide information regarding whether the townhomes to be developed are affordable or market rate. 3.4 Award a construction contract to PCL Construction Inc. for the Marshall Street Water Reclamation Facility (WRF) Influent Pump Station Repair (16-0038-UT) in the amount of $1,349,525.00, which is the lowest responsible bid received in accordance with the plans and specifications; approve a Supplemental Work Order to Engineer of Record (EOR) McKim and Creed, Inc. in the amount of $65,280.00 for construction management and engineering inspection services and authorize the appropriate officials to execute same. (consent) This work provides for the repair of the Marshall Street WRF Influent Pump Station which experienced a catastrophic failure during Hurricane Hermine. Since then the facility has used a temporary pump system to bypass the damaged Influent Pump Station. This repair would allow for the removal of the costly temporary pump system and increase the plant’s reliability until a new Influent Pump Station and Headworks can be constructed. Project benefits are improved process efficiencies, reliability, ongoing rehabilitation and restoration strategy of treatment infrastructure, increased environmental protection and regulatory compliance. EOR McKim & Creed, Inc. has reviewed the two bids received on this project and recommended award to PCL Construction Inc. February 16, 2017, City Council ratified and confirmed a Work Order to EOR McKim and Creed for design, engineering services relating to electrical and controls repairs and/or replacement of the Influent Pump Station and other Page 5 City of Clearwater Council Work Session Meeting Minutes May 1, 2017 effected systems in the amount of $199,000.00. Supplemental Work Order one provides for additional construction management and engineering inspection services related to the Marshall Street WRF Influent Pump Station Repair during construction for a total work order value of $264,280. March 2, 2017, City Council authorized the purchase of four 170 horsepower Flygt Pumps from Xylem Water Solutions USA, Inc., Apopka, FL for $671,705.00; three Yaskawa Variable Frequency drives from ICON Technologies, Tampa, FL for $114,644.77; one Square D Switchboard, one Motor Control Center and miscellaneous electrical equipment form Schneider Electric USA Inc., Tampa, FL for $38,500, to be used as part of the repair and later in the new Influent Pump Station. The City of Clearwater’s Public Utilities Department is responsible for owning, operating and maintaining the Marshall Street WRF. Construction is scheduled for completion by Sept 2017. APPROPRIATION CODE AND AMOUNT: 382-96213-561300-535-000-0000 $ 65,280.00 382-96213-563800-535-000-0000 $1,349,525.00 Resolution 17-10 was passed on March 16, 2017, establishing the City’s intent to reimburse certain project costs incurred with future tax-exempt financing. The projects identified with 2018 revenue bonds as funding source were included in the project list associated with Resolution 17-10. Sufficient budget for interim financing or funding with 2018 Water and Sewer Revenue bond proceeds when issued is available in bond project 0382-96213, Marshall Street Upgrades / Improvements to fund the project. In response to questions, Public Utilities Director David Porter said the Department has purchased pumps and controls that can be used in a new pump station. The existing structure and equipment will be used for the time being, which will get the pump station back on line while designing the new pump station. Mr. Porter said the purchased equipment will be used in the new station. The item before Council is for the installation of the pumps and controls and modifying the piping, which will ensure the equipment will work together and able to provide service the next 2-3 years until the new station is designed. Mr. Porter said it currently costs $175,000 monthly to rent equipment to keep the station on line. 3.5 Award a construction contract to RTD Construction, Inc. of Zephyrhills, FL in the Page 6 City of Clearwater Council Work Session Meeting Minutes May 1, 2017 amount of $430,076, approve Engineer of Record (EOR) Tetra Tech Inc. supplemental Work Order in the amount of $97,988 for the Reverse Osmosis Plant 1- Pressure Filter Modifications and Adsorption System Automation Project (15-0031-UT) and authorize the appropriate officials to execute same. (consent) This Agenda Item is for the construction of the Reverse Osmosis Plant 1- Pressure Filter Modifications and Adsorption System Automation Project which consists of replacement of the blower, valve replacement with automated modulating butterfly valves for the adsorption system, structural supports for the panels at the Pressure Filters, and programming of PLC control logic. The goal of this project is to improve the operation of the Adsorption System with automated valves and control, and replacing parts that are no longer functioning. Three bids were received and RTD Construction, Inc. was the lowest responsive bidder in the amount of $430,076. After comparing and evaluating the bids, Tetra Tech recommended awarding the construction of the project to RTD Construction, Inc. November 18, 2015, City Manager approved the work order initiation to Tetra Tech for design services in the amount of $62,242. Supplemental 1 provides for CEI Services of construction contract for a revised work order value of $160,230. It is anticipated that construction will be accomplished in 337 calendar days and completed by Spring 2018. The City of Clearwater’s Public Utilities Department is responsible for owning, operating and maintaining the Reverse Osmosis Plant 1. APPROPRIATION CODE AND AMOUNT: 382-96764-563800-533-000-0000 $430,076.00 382-96764-561300-533-000-0000 $ 97,988.00 Resolution 17-10 was passed on March 16, 2017, establishing the City’s intent to reimburse certain project costs incurred with future tax-exempt financing. The projects identified with 2018 revenue bonds as a funding source were included in the project list associated with Resolution 17-10. Sufficient budget for interim financing or funding with 2018 Water and Sewer Revenue bond proceeds when issued is available in bond project 0382-96764, RO Plant Exp-Res 1 to fund the project. 4. Planning 4.1 Update on the transportation planning work program conducted by the Planning and Development Department. (WSO) Page 7 City of Clearwater Council Work Session Meeting Minutes May 1, 2017 The provision of adequate transportation facilities infrastructure is one of the most important components needed to support future redevelopment and increase investors’ confidence in the City of Clearwater. Facilitating the movement of people and goods safely and efficiently is of utmost importance to ensure the success of the City, and a multi-modal choice approach will be necessary in order to accommodate future growth without sacrificing roadway mobility efficiency. In Fiscal Year 2016/17, the City created a new Transportation Planner position within the Planning and Development Department, recognizing the need for long-term transportation planning, plans integration and coordination activities with regional and local agencies. Planning and Development Department staff has created a roadmap for the City of Clearwater to achieve its objectives for a safe, efficient, and convenient transportation system. The Planning and Development Department will provide City Council with an update on its transportation planning initiatives, including:  Complete Streets Planning  Bicycle Friendly Community (BFC) Certification  Updates to Shifting Gears, the City’s Bicycle and Pedestrian Master Plan  Other Transportation Planning Projects One of the priorities is to develop a Complete Streets Implementation Plan. The objectives of this Plan are to:  Adopt a Complete Streets Policy for the City of Clearwater  Build stakeholders’ consensus (internally and externally) on the elements of Complete Streets  Develop a framework for projects prioritization and delivery process  Adopt Complete Streets design guidelines for the City of Clearwater  Provide an implementation action plan In March 2017, the City was awarded a grant from Forward Pinellas to develop a Complete Streets Concept Design for Drew Street. If the City Council chooses to accept this grant, the Drew Street project will serve as a pilot project supporting the development of the citywide Complete Streets plan. The unique characteristics of Drew Street offer a great opportunity to test and evaluate a wide range of Complete Street strategies. The Planning and Development Department has already started preliminary work to update to the City’s 2006 Bicycle and Pedestrian Master Plan, Shifting Gears, which will be completed in-house, alongside the other transportation planning projects. This update will include an assessment of the effectiveness of plan implementation to date, as well the creation of an updated bicycle and Page 8 City of Clearwater Council Work Session Meeting Minutes May 1, 2017 pedestrian facilities inventory and projects status list. In conjunction with the other projects, it may be necessary to re-define the vision, goals and objectives within the plan. In response to City Council’s desire to become a Bicycle Friendly City (BFC), a designation administered by The League of American Bicyclists (the League), staff has conducted an initial assessment using the League’s designation assessment chart “The Building Blocks of a Bicycle Friendly Community.” The BFC designation is based on how well a city is providing safe accommodations for bicycling and encouraging people to bike for transportation and recreation. A city’s award level is determined by evaluating a city’s facilities based on five overall attributes and three key outcomes. Based on information from Shifting Gears, complemented by available current information, the initial assessment indicated that the City has a strong system of regional recreational trails, and there is great potential for rapidly increasing bicycle ridership by enhancing connectivity to the existing trails. However, overall the City scored poorly due to the limited bicycle facilities, low bicycle ridership, and other metrics factored in by the League. For example, under the Engineering attributes, the BFC designation takes into account the total bicycle network mileage to total road network mileage. The City’s biking facilities total mileage makes up only 9% of the total roadway network, where at least 26% is required to achieve the BFC-Bronze designation, or an additional 86 miles of biking facilities for this one measure. The Complete Streets Implementation Plan project and the update to Shifting Gears will address several items necessary to achieve the BFC-Bronze designation, including:  Assessing the effectiveness of the Shifting Gears implementation plan (i.e., policies, strategies, and actions)  Establishing a Bicycle/Pedestrian Advisory Group  Developing a biking facilities inventory system, a GIS-based system  Developing an active projects status list to track all related projects (proposed, approved, under construction/ maintenance, and completed)  Developing a framework for projects prioritizations with robust evaluation methodology and fair selection criteria that considers (cost, connectivity, safety, demand, and equity)  Developing performance measure metrics In addition to identifying what larger projects the City should consider undertaking to strengthen its network, the Planning and Development Department will provide a brief summary of other work being completed as part of this update on the transportation planning work program. Page 9 City of Clearwater Council Work Session Meeting Minutes May 1, 2017 Item 4.1 was continued to May 15, 2017. 5. Public Utilities 5.1 Authorize a purchase order (contract) to Andritz Separation of Arlington, TX in the annual amount of $300,000.00, with the option for two, one-year term extensions for the purchase of parts and service and authorize the appropriate officials to execute same. (consent) Andritz is the Original Equipment Manufacturer (OEM) for replacement parts and service used in the Belt Presses and Centrifuges at the Northeast and Marshall Street Water Reclamation Facilities (WRF). Belt Presses and Centrifuges (liquid/solid separation equipment) greatly reduce the volume of biosolids that must be disposed by land application, thus greatly reducing the cost of biosolids disposal. The replacement parts and service are being purchased as a sole source due to the benefits of standardization in accordance with Article II, Section 2.564(1) (b), Code of Ordinances. The City has a performance based contract with Siemens. The Centrifuges must be kept functional to meet compliance regulations of the contract and the Florida Department of Environmental Protection Permits. APPROPRIATION CODE AND AMOUNT: 0421-01351-550400-535-000-0000 $100,000.00 FY16/17 0421-01351-550400-535-000-0000 $200,000.00 FY17/18 Sufficient funding is available in the Water & Sewer Utility Fund operating cost center 0421-01351, Wastewater Environmental Technologies Operations, in the amount of $100,000.00 to fund the current fiscal year’s cost of the contract. The funding for the remaining balance of $200,000.00 occurring in fiscal year 2018 will be included in the Water & Sewer Utility Fund recommended operating budget from the Public Utilities Director. USE OF RESERVE FUNDS: N/A 6. Legal 6.1 Request for authority to settle the case of Gail Scott vs. City of Clearwater Case No. 16-003177-CI for $65,000.00. (consent) Page 10 City of Clearwater Council Work Session Meeting Minutes May 1, 2017 Gail Scott alleges that on August 25, 2015, a vehicle operated by a City of Clearwater employee collided with her vehicle on Drew Street at or near the intersection of Hercules Avenue. She alleges injuries to her shoulder, neck and back as a result. Authority is being sought to settle this case for $65,000.00, in exchange for which the City will receive a full release and the pending civil action will be dismissed with prejudice. APPROPRIATION CODE AND AMOUNT: 0-590-07590-545900-519-000-000 6.2 Request for authority to appeal an order final summary judgment against the City in the case of Bayesplanade.com , LLC v. City of Clearwater (Case No. 16-000697-CI). (consent) On February 3, 2016, Bayesplanade.com, LLC, filed a civil lawsuit in the Circuit Court of Pinellas County against the City of Clearwater seeking to quit title to a certain tract of submerged land lying east of Clearwater Island. Both parties filed motions for summary judgment and on April 18, 2017, the Circuit Court granted Bayesplanade’s motion and denied the City’s motion. The City Attorney’s Office believes that the City’s motion for summary judgment was meritorious and that the City should appeal the judgment to the Second District Court of Appeals. The costs relative to this appeal would come from copy and other administrative overhead costs, estimated to be $300.00. APPROPRIATION CODE AND AMOUNT: 0-590-07000-545900-519-000-0000 In response to a question, the City Attorney said the cost to file the appeal is $300. The case will be handled in house. If the City prevails, there will be no attorney fees. Staff was directed to take Item 6.2 off the Consent Agenda, to accommodate the involved individual’s request to speak before Council. 6.3 Adopt Ordinance 8980-17 on second reading, amending the future land use element of the Comprehensive Plan of the city to change the land use designation for a 0.72 Page 11 City of Clearwater Council Work Session Meeting Minutes May 1, 2017 acre portion of certain real property whose post office address is 2251 Montclair Road, Clearwater, Florida 33763, from Preservation (P), to Residential Medium (RM). 6.4 Adopt Ordinance 8981-17 on second reading, amending the Zoning Atlas of the city by rezoning a 0.72 acre portion of certain real property whose post office address is 2251 Montclair Road, Clearwater, Florida 33763, from Preservation (P) to Medium High Density Residential (MHDR). 6.5 Adopt Ordinance 9008-17 on second reading, annexing certain real property whose post office address is 3115 Johns Parkway, Clearwater, Florida 33759, together with certain right-of-way of Johns Parkway, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. 6.6 Adopt Ordinance 9009-17 on second reading, amending the future land use element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 3115 Johns Parkway, Clearwater, Florida 33759, upon annexation into the City of Clearwater as Residential Urban (RU). 6.7 Adopt Ordinance 9010-17 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 3115 Johns Parkway, Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). 6.8 Adopt Ordinance 9011-17 on second reading, annexing certain real properties whose post office addressees are 3052, 3059, and 3070 Hoyt Avenue, all within Clearwater, Florida 33759, together with certain rights-of-way of Hoyt, Moss, and Merrill Avenues, Terrace View Lane, Lake Vista Drive, Glen Oak Avenue East and Glen Oak Avenue North, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. 6.9 Adopt Ordinance 9012-17 on second reading, amending the future land use element of the Comprehensive Plan of the city to designate the land use for certain real properties whose post office addressees are 3052, 3059, and 3070 Hoyt Avenue, all within Clearwater, Florida 33759, upon annexation into the City of Clearwater as Residential Low (RL). 6.10 Adopt Ordinance 9013-17 on second reading, amending the Zoning Atlas of the city by zoning certain real properties whose post office addressees are 3052, 3059, and 3070 Hoyt Avenue, all within Clearwater, Florida 33759, upon annexation into the City Page 12 City of Clearwater Council Work Session Meeting Minutes May 1, 2017 of Clearwater, as Low Medium Density Residential (LMDR). 7. City Manager Verbal Reports 7.1 Sidewalk Improvement on Island Way The City Manger requested discussion be deferred since staff is still waiting for the Island Estates Civic Association to provide information. Item 7.1 was continued to a date uncertain. In response to questions, Engineering Assistant Director Scott Rice said the City has a program that reviews the condition of paved roads. The last analysis included a sidewalk inventory; the analysis did not include sidewalk condition. Staff is considering expanding the analysis to include the condition of the sidewalk. 8. City Attorney Verbal Reports – None. 9. Council Discussion Item 9.1 Waiver of Comprehensive Sign Fee - Councilmember Jonson Councilmember Jonson said Council discussed at the February 13 work session the effectiveness of projecting signs for business in a pedestrian environment. Projecting signs are allowable by city code; code allows only one type of attached signs. City code does allow multiple sign types under the optional comprehensive sign code program, which requires payment of $400. Councilmember Jonson said he requested consideration at the February 13 work session to waive temporarily the comprehensive sign program fee until the sign code could be amended to allow as a right projecting signs along with the regular attached signs. He said staff now supports the recommendation and requested Council reconsider the fee waiver. Planning and Development Assistant Director Gina Clayton said staff provided that recommendation to former Assistant City Manager Rod Irwin as a way to address the comprehensive sign code program in Downtown/CRA area. Page 13 City of Clearwater Council Work Session Meeting Minutes May 1, 2017 In response to a question, Councilmember Jonson said his suggestion did not limit the waiver to the Downtown area. The Downtown area is in most need of the modification. The City Attorney said if the fee is waived citywide, she imagined that broad change would have a significant impact; not all comprehensive sign code program applications are due to projecting signs. The fee is required because there is a cost associated for staff to review the application. Ms. Clayton said staff would not support a citywide fee waiver. Comprehensive Sign Applications are complicated and require a significant amount of staff time. Staff would support waiving the fee to a limited area; the waiver would be an incentive for the CRA. Councilmember Jonson amended his suggestion be limited to the CRA. In response to questions, the City Attorney fee said the discussion before Council is to amend the code to not require the fee in the Downtown. It was anticipated that the amendment be permanent. Ms. Clayton said there are projecting signs in different areas of the City that have been approved through the comprehensive sign program. The comprehensive sign program is a design based program for exceeding the minimum number of signs allowed by code, which is one. Some businesses in Downtown went through the comprehensive sign program, such as Starbucks, Waters Edge and Dunkin Donuts; some businesses placed signs under canopies without permits. Deputy City Manager Jill Silverboard said some businesses that are in place in Downtown and have gone through the comprehensive sign program. Discussion ensued with a concern expressed that reinstating the fee would not be supported by the business community. Ms. Clayton said staff is considering code amendments for Downtown and will be presenting them to Council before the end of year. 10. 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). – None. 11. Closing Comments by Mayor – None. Page 14 City of Clearwater Council Work Session Meeting Minutes May 1, 2017 12. Adjourn The meeting adjourned at 1:49 p.m. Page 15 City of Clearwater