10/14/2019
Council Work Session Meeting Minutes October 14, 2019
City of Clearwater
Main Library - Council Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
Meeting Minutes
Monday, October 14, 2019
9:00 AM
Main Library - Council Chambers
Council Work Session
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City of Clearwater
Council Work Session Meeting Minutes October 14, 2019
Roll Call
Present 3 - Mayor George N. Cretekos, Councilmember Bob Cundiff, and
Councilmember David Allbritton
Absent 2 - Councilmember Hoyt Hamilton, and Councilmember Jay Polglaze
Also Present: William B. Horne II – City Manager, Pamela K. Akin City Attorney,
and Rosemarie Call – City Clerk
To provide continuity for research, items are listed in agenda order although not
necessarily discussed in that order.
1. Call to Order – Mayor Cretekos
2. Presentations – Given.
2.1 October Service Awards
Two service awards were presented to city employees.
The September/October 2019 Bimonthly Team Award was presented to the
Get ‘Er Done Team: Stephen Della Volpe, Jr., Eric Jewett, Daniel Kasman
and Yousef Touray.
2.2 Police Oaths
The City Clerk administered the oath of office to Officers Carissa Costello,
Ryan Kenna, Nicholas Mililo, Roxana Padilla-Gariby and SaMarre Perez.
The Council recessed from 9:14 a.m. to 10:04 a.m. to meet as the Pension
Trustees and the Community Redevelopment Agency.
3. City Manager
3.1 Support the Florida Gulf Coast Hope Spot and adopt Resolution 19-28.
Hope Spots are recognized areas critical to ocean health and human
communities. These areas provide at least one of the following functions:
A special abundance or diversity of species, unusual or
representative species, habitats or ecosystems
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Council Work Session Meeting Minutes October 14, 2019
Particular populations of rare, threatened or endemic species
A site with potential to reverse damage from negative human
impacts
The presence of natural processes such as major migration
corridors or spawning grounds
Significant historical, cultural or spiritual values
Particular economic importance to the community
Hope Spots are not a legal designation or regulatory entity and do not bring any
rules or restrictions to their location. There is no cost associated with an area
becoming a Hope Spot. Instead, they are recognized as special locations by
world-renowned biologist Dr. Sylvia Earle’s organization, Mission Blue, and
advocated as sites worthy of scientific research and preservation. Mission Blue
announces and promotes its Hope Spots to an extensive network of marine
scientists, who may conduct studies or hold conferences in the surrounding
areas. To its Hope Spots, Mission Blue facilitates funding support, collaboration
between potential partners, and assists in increasing local, international, and
governmental recognition. Furthermore, a Hope Spot designation promotes an
area as an eco-tourism destination.
The Hope Spot along Florida’s Gulf Coast will encourage an influx of visitors, be
they scientists or tourists, to visit the region. This will assist the city of
Clearwater’s strategic direction by increasing the economic opportunity of our
area. The Hope Spot will also support the values laid out by the city’s
Comprehensive Plan, which prescribes the “preservation of all living and
nonliving coastal zone resources” and the “avoidance of loss of coastal zone
resources.”
On May 16, 2019, the City of Dunedin passed a resolution supporting Florida
Gulf Coast Hope Spot. The Tampa Bay Estuary Program and Pinellas County
Board of Commissioners Chair have each issued statements in support of the
Hope Spot being established in the coastal waters from Apalachicola to Ten
Thousand Islands Wildlife Refuge. In recognition of its benefits and alignment
with city values, it is recommended that the City of Clearwater City Council
issue a resolution in support of the Florida Gulf Coast Hope Spot.
Sustainability Coordinator Sheridan Boyle and Blue Green Connections
Representative Ray Bouchard provided a PowerPoint presentation.
In response to questions, Mr. Bouchard said Green Connections is initiating
an educational outreach program that will include a school program
component. The Mote Marine Aquarium and Tampa Bay Estuary are working
on programs that will help repopulate the scallops in the Tampa Bay area.
These agencies are also working with scientists around the world to better
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Council Work Session Meeting Minutes October 14, 2019
understand the impacts of red tide blooms.
There was consensus to support the designation.
4. Economic Development and Housing
4.1 Declare surplus, for the purpose of donation for development of affordable housing, real
property located at 1304 North Madison Avenue together with vacated right-of-way per
city Ordinance 9327-19; approve the Real Property Donation Agreement between the
City and Habitat for Humanity of Pinellas County, Inc. and allow the appropriate officials to
execute same, together with all other instruments required to affect closing. (APH)
Property located at 1304 N. Madison Avenue (Parent Parcel) is currently vacant,
and it is identified by Resolution 19-10 as a city-owned property appropriate for
use as affordable housing (Pinellas County Property I.D.
10-29-15-26892-007-0110). Property formerly identified as city right-of-way,
vacated by city Ordinance 9327-19 (Additional Parcel), will be combined with
the Parent Parcel under the Donation Agreement. The City acquired the Parent
Parcel earlier this year through foreclosure of code enforcement liens. The
Additional Parcel was acquired in 1946. The City will retain a utilities easement
over the Additional Parcel.
The combined parcels (Property) are located within the North Greenwood
Neighborhood Revitalization Strategy Area which is identified in the city’s
Consolidated Plan. The Property is suitable for construction of a single-family
home. Habitat for Humanity of Pinellas County is planning to construct a
seven-bedroom home on the Property.
The Property is described as follows:
LOT 11 AND LOT 12 LESS THE SOUTH 20.00' FEET, BLOCK G, FAIRMONT
SUBDIVISION, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT
BOOK 9, PAGE 85, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA.
A staff appraisal valued the property at $42,700 on September 30, 2019.
According to Section 2.01(d)(5)(i) of the Clearwater City Charter, the City
Council may approve the donation or sale for less than fair market value of
city-owned property of not more than one-half acre in size for workforce or
affordable housing following a public hearing. The property is approximately
0.244 acres (10,635 square feet).
4.2 Approve a local government contribution of $747,000 in General Fund Reserves to be set
aside as a commitment for the Minimum Local Government Areas of Opportunity Funding
that is required for Blue Sky Communities to receive a basis boost in the State of
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Florida’s Low Income Housing Tax Credit Program (LIHTC) for an 81-unit affordable
housing development project at 610 Franklin Street; approve Section 15.18 and 15.21 of
the Development Agreement between the Community Redevelopment Agency of the City
of Clearwater and Blue Sky Communities, LLC (Blue Sky) and authorize the appropriate
officials to execute same. (consent)
On August 15, 2019, the City’s Community Redevelopment Agency released
Request for Proposals 50-19 (RFP) for an affordable housing development at
610 Franklin Street, the former location of Fire Station 45. The RFP called for a
Low-Income Housing Tax Credit Project under the Florida Housing Finance
Corporation’s (FHFC) Request for Applications 2019-114 (RFA114). The City
received three proposals on September 16, 2019. Proposals were submitted
by Southport Development, American Resident Communities and Blue Sky
Communities. A review committee comprised of staff from the Community
Redevelopment Agency, the Economic Development and Housing Department
and the Planning and Development Department reviewed the submittals and
selected the proposal from Blue Sky Communities.
Once Blue Sky Communities gains site control of the property, they will submit
an application to the FHFC under RFA114. FHFC issues several Requests for
Applications throughout the year. In 2019, RFA114 provides for the strongest
subsidy among FHFC application cycles and therefore, is the most competitive
LIHTC application cycle of the year. The local government contribution of
$747,000 is necessary for Blue Sky to attain maximum scoring criteria among
applicants. If more than one firm submits an acceptable application in Pinellas
County with local government support of $747,000, then FHFC’s selection
becomes akin to a lottery pick. Applications for RFA114 are due on November
7, 2019 and FHFC’s selection is expected in March 2020.
Approval of Sections 15.18 and 15.21 of the Development Agreement between
the CRA and Blue Sky commits the city to a contribution of $747,000 noted
above.
As background, the Low-Income Housing Tax Credit Program is governed by
the U.S. Department of Treasury under Section 252 of the Tax Reform Act of
1986 and Section 42 of the Internal Revenue Code, as amended. The program
was established to provide for-profit and non-profit organizations with a
dollar-for-dollar reduction in federal tax liability in exchange for the acquisition
and substantial rehabilitation or new construction of low- and very low-income
rental housing units.
The contribution from the City will be in the form of an interest-bearing loan.
While staff is recommending setting aside General fund reserves for this
purpose, the loan will be funded with HOME Investment Partnership funds from
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Council Work Session Meeting Minutes October 14, 2019
the United States Department of Housing and Urban Development and the
remaining funds will be contributed from the CRA.
USE OF RESERVE FUNDS:
Funding for this contract will be provided by a commitment of General Fund
reserves in the amount of $747,000.
Inclusive of this item if approved, a net total of $822,000 of General Fund
reserves has been appropriated by Council to fund expenditures during fiscal
year 2019/2020. The remaining unappropriated balance of General Fund
reserves, after the 8.5% reserve, is approximately $17.5 million, or 11.5% of the
current General Fund operating budget.
5. Finance
5.1 Approve a draw request in the amount of $2,648,244.15 from the SunTrust Master
Lease/Purchase Agreement 10481 line of credit to reimburse expenditures for
equipment as listed in Exhibit A, authorize the City’s Finance Director to approve future
draw requests on the credit line and authorize the appropriate officials to execute same.
(consent)
This agenda item is requesting Council approval to proceed with a
$2,648,244.15 draw request on the credit line established by Master
Lease/Purchase Agreement #10481 with SunTrust Equipment Finance &
Leasing Corp to finance various major equipment purchases per the attached
schedule.
Master Lease/Purchase Agreement #10481 was approved by Council on
February 21, 2019.
All equipment purchases were previously approved by the Council.
The interest rates applicable to this draw will be 2.06% for the portion with a
5-year amortization schedule and 2.06% for the portion with a 3-year
amortization schedule.
Also requesting Council to authorize the City’s Finance Director to approve and
execute closing documents for future draws against the credit line to reimburse
prior Council-approved city expenditures under the City’s lease/purchase
financing program.
In response to a question, Debt and Spec. Accounting Manager Clem
Vericker said all of the equipment financed through this agreement was
previously approved by Council. The City Attorney said the master
agreement was approved in January 2019.
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5.2 Authorize the piggyback of State of Florida Contract No. 84121500-15-01, Purchasing
Card Program, with Bank of America, for the term of October 2019 through December
2020, pursuant to Clearwater Code of Ordinances Section 2.564 (1)(d) Other
Government Entities Bids, and authorize the appropriate officials to execute same.
(consent)
Since August 2009, the City of Clearwater has been a participant in the
Hillsborough County Procurement Card Program Consortium, which enabled
participating members to utilize the Bank of America contract for pcards. The
primary benefit of the consortium’s contract was that the combined spend of all
entities was used to establish the rebate multiplier. The calculated multiplier
was then applied to each entity’s annual spend to determine the rebate paid.
Clearwater’s rebate reached $145,000 for Fiscal Year 17/18. The rebate is
returned to the general fund.
In early 2019, the County made the decision to disband the consortium and not
re-bid the pcard program. Participating agencies have all taken different
approaches to sustaining their pcard programs. Clearwater’s Procurement
staff recommends shifting the City’s pcard program to the State of Florida
contract with Bank of America through December 2020.
The state contract rebates are paid on the calendar year and a special
calculation will be made for October through December 2019, taking into
consideration the City’s spend for January through September. The normal
Fiscal Year 2019 rebate will still be paid by Bank of America with the January
through September rebate portion subtracted from the calendar year
calculation.
During the next year the Procurement Division intends to explore the option of
adding pcards to our Banking Services contract with Wells Fargo.
APPROPRIATION CODE AND AMOUNT:
Pcard charges are reconciled monthly by each department, to the respective
general fund or project account.
6. Gas System
6.1 Accept a Natural Gas Easement over, under, across and through a portion of property
conveyed by Marina Del Rey Un B Assn, whose principal address is 1571 Gulf
Boulevard, Clearwater, given in consideration of receipt of $1.00 and the benefits to be
derived therefrom. (consent)
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Marina Del Rey Homeowner Association (Grantor) has granted a non-exclusive
five-foot wide natural gas easement, on property located on Marina Del Rey
Court, just east of Gulf Blvd. (Parcel ID# 19-29-15-55303-000-0010), for the
installation of a natural gas distribution line. This main line will serve residential
customer located at 101 Marina Del Rey Court, Clearwater.
This easement grant is sufficient for the City to maintain and replace its facilities
as necessary in perpetuity, or until such time as the City determines to abandon
its use.
7. Police Department
7.1 Approve an agreement between the City of Clearwater (City) and Redflex Traffic
Systems, Inc. (Redflex), for a Traffic Camera Safety Improvement Program, through
October 30, 2024, in accordance with Clearwater Code of Ordinances Section 2.564(1)
(d) Other Government Entities Bids and authorize the appropriate officials to execute
same. (consent)
In April 2011, the City of Clearwater issued request for proposal (RFP) 22-11,
which sought proposals relating to the implementation of a Red Light Camera
Safety Program. A committee, which comprised employees from the Police
Department, Traffic Engineering, and the Legal Department, evaluated the
submitted proposals; Redflex Traffic Systems, Incorporated, received the
highest ranking.
As directed by the City Council, and through negotiations with Redflex Traffic
Systems, Incorporated, an agreement resulted in a six-month Red Light
Camera Pilot Program. In November 2011, after a successful Red Light
Camera Pilot Program, the program continued with three intersection
approaches: eastbound Chestnut Street at South Fort Harrison Avenue,
westbound State Road 60 (Gulf-to-Bay Boulevard) at Belcher Road, and
eastbound State Road 60 (Gulf-to-Bay Boulevard) at Belcher Road.
Since this time, the Clearwater Police Department has operated a Traffic
Camera Safety Improvement Program utilizing red-light-camera technology.
The current agreement is scheduled to expire on October 30, 2019.
Under the terms of this agreement, the City of Clearwater and Redflex Traffic
Systems would enter into a two-year agreement, which automatically renews
for three successive, one-year period(s).
The terms of the agreement are substantially similar to the expiring agreement;
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during the contract period, the City of Clearwater would transfer to Redflex
Traffic Systems, Incorporated, monthly, the amount of $4,270.00 per
intersection approach should five or fewer intersection approaches be utilized in
the program. If more than five intersection approaches are implemented, a per
month intersection approach fee of $4,100.00 would apply.
In an effort to ensure negligible budgetary impact, should the derived revenues
not exceed the per intersection approach fee during any given period, Redflex
Traffic Systems, Incorporated, agrees to allow the City of Clearwater to defer
payment of the deficit amount. At the end of the contract term, should
collections be insufficient to account for the balance due, Redflex Traffic
Systems, Incorporated, waives its right to collection of the deficit amount and
the City of Clearwater may terminate the contract with cause. Overages in
collections during any subsequent billing period would be applied to applicable
monthly balance(s) in arrears.
If the Florida Legislature enacts legislation repealing the statutory authorization
for the City to operate a red-light-camera program, then the agreement will
automatically terminate upon the effective date of the legislation; the City will not
be obligated to pay any financial penalty, but would be obligated only to pay the
amount owed to Redflex pursuant to EXHIBIT “D” of the Redflex Exclusive
Agreement for services provided up to the effective date of the legislation.
The pricing included in this agreement was previously competitively solicited
and obtained through the National Cooperative Purchasing Alliance (NCPA), a
national resource for public entities for similar public solicitations; the City of
Clearwater is a participating member in this partnership. The pricing is
unchanged from our current agreement with Redflex.
APPROPRIATION CODE AND AMOUNT:
Funding for this contractual agreement is included in the Police Department’s
fiscal year 2019-2020 operating budget request for cost code, 0101139-530300,
contractual services. Future fiscal year funding will be required through the
annual Operating Budget Process.
In response to questions, Police Chief Daniel Slaughter said the $4,270 fee
is per approach; the City has three approaches. The Ft. Harrison/Chestnut**
intersection is less complex than the Belcher Road intersection because it is
a one-way intersection; crash data shows a downward trend. Traffic
Engineering selected the Ft. Harrison/Chestnut intersection based on
previous serious injury data. In response to a concern regarding the cameras
flashing when a violation has not occurred, the Police Chief said the
technology calculates the speed of the vehicle and anticipates, based on an
algorithm, and determines if the vehicle is going to violate ad takes a picture.
The picture is then reviewed based on the approved rules to determine if a
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violation occurred. Traffic Engineering has not proposed any changes to the
existing approaches.
Staff was directed to take the item off the Consent Agenda.
7.2 Renew Grant and Financial Assistance Agreement between the Florida Department of
Law Enforcement and the City of Clearwater, to facilitate a current mutual aid agreement
between the two entities, effective upon execution through June 30, 2020, and authorize
the appropriate officials to execute same. (consent)
The Florida Department of Law Enforcement (Department) and the City of
Clearwater (City) have determined that they can make efficient use of their
powers and resources, in certain criminal cases that may require specialized
expertise and have the potential to cross jurisdictional lines, through
coordination and sharing of specialized technical resources and personnel.
Chapter 23, Florida Statutes authorizes law enforcement agencies to enter into
mutual aid agreements for rendering voluntary assistance of a routine law
enforcement nature to one another across jurisdictional lines and to enter into
operational assistance agreements whereby each agency may request and
render law enforcement assistance to the other law enforcement agencies
during emergencies under Section 252.34, Florida Statutes.
Council previously approved the Electronic Surveillance Support Team
Multi-Agency Voluntary Cooperation Mutual Aid Agreement with an expiration
date of February 28, 2022. This agreement allows for the reimbursement of
certain expenses incurred by the City.
The Financial Assistance Agreement between the Department and the City
outlines the eligible costs available for reimbursement by the Department and
the process to apply for reimbursement. This agreement must be renewed
annually, and due to the nature of the agreement, requires council approval:
The agreement provides for reimbursement of overtime (salaries and
benefits) and expense (travel and training).
Funds will be reimbursed up to an annual maximum of $12,500 per task
force participant.
If the total monetary amount of the grant and state financial assistance
provided to the City is equal to or exceeds $750,000 in any fiscal year,
the participant must have a state single audit for such fiscal year in
accordance with Section 215.97, Florida State Statutes.
There is no budgetary impact associated with the ESST Mutual Aid Agreement.
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8. Engineering
8.1 Accept an Underground Communications Easement containing two easement areas (a
34-foot easement and a 50-foot easement), from Duke Energy Florida, LLC for the
construction, installation and maintenance of underground communications facilities on
real property located in Duke Energy Right-of-Way, West of Spectrum Field and adopt
Resolution 19-31.
The proposed easement will provide the City with property rights necessary
for the construction, installation and maintenance of underground
communications facilities within the easement that will support the new City
Transfer Station and the Phillies Carpenter Complex at Spectrum Field.
The City Engineering Department recommends acceptance of the easement.
8.2 Approve the First Amendment (Amendment) to that certain Contract for Sale of Real
Property by the City of Clearwater, Florida between the City of Clearwater (City) and
Equity Lifestyle Properties, Inc. (ELS) and authorize the appropriate officials to execute
same. (consent)
The City and ELS entered into that certain Contract for Sale of Real Property on
November 20, 2018 (Contract) for the sale of city-owned property in
Hillsborough County more particularly described as Hillsborough County folio
numbers 001688-0000, 001689-0000, and 001697-0000.
The Contract provided an opportunity for the parties to identify and memorialize
certain pre-existing conditions related to the City’s prior use of the Property by
mutual agreement. No such conditions were identified by mutual agreement
and no addendum to the agreement was memorialized.
For purposes of clarification, the parties now wish to amend Section 20 of the
Agreement to reflect that the Inspection Period as defined in the Contract has
passed, with no such conditions being identified. The remainder of the
indemnity provisions as written shall remain intact.
The City Attorney requested the item be taken off the Consent Agenda.
Staff has not received the signed agreement.
9. Planning
9.1 Authorize the recording of a lien for a total cost of $27,444.24 on the property located at
401 N. Garden Avenue, Clearwater, Florida, which has a legal description of the West ½
of Lot 11, Block 2, Hart’s addition to Clearwater, according to the map or plat thereof as
recorded in Plat Book 1, Page 94, of the Public Records of Hillsborough County, Florida
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of which Pinellas County was formerly a part and whose owner is JPAC, LLC and adopt
Resolution 19-07.
The Building Official initially declared the structure found on this property unsafe
under Chapter 47, Article VII of the Clearwater Community Development Code
on April 27, 2016. The property owner did not appeal this decision to the
Building/Flood Board of Adjustment and Appeals and therefore the Building
Official had the authority to abate the unsafe condition by repair, vacation, or
demolition, or any combination thereof, under Sect. 301.1 of the Standard
Unsafe Building Abatement Code which was adopted by the City in Sect.
47.051(1)(e), Clearwater Community Development Code.
After the property owner failed to bring the property into full compliance with
code requirements, the City secured the property several times. However, the
continued inaction of the property owner and certain actions of trespassers
caused the structure to continue to deteriorate. The City was therefore forced
to demolish the property for the safety of the public. The City has incurred
$27,444.24 in demolition costs and is entitled to a lien on the property in that
amount under Chapter 7 of the Standard Unsafe Building Abatement Code.
In response to questions, Assistant Building Official Dana Root said the
building was demolished, the slab was removed and the site has been re-
sodded. The property was cited in April 2016 and the demolition occurred in
January 2019. Assistant City Attorney Mike Fuino said the agenda item is
requesting authority to record a lien that will recoup the associated
demolition and sodding costs.
9.2 Deny amendments to the Clearwater Community Development Code to expand the
geographical area within the Regional Center Subdistrict of the US 19 District where
self-storage warehouses are currently allowed on a limited number of parcels, to allow the
use on certain parcels 1.1 to 1.2 acres in area with frontage on Seville Boulevard, and do
not pass Ordinance 9308-19 on first reading. (TA2019-06002)
Pursuant to Community Development Code Section 4-601.B, amendments to
the Code may be initiated by the City Council, the Community Development
Coordinator, or by any person in conjunction with an application for a
development approval. BDG Properties, owner of property located at 2611
Seville Boulevard, submitted an application for a text amendment to expand the
area within the Regional Center Subdistrict of the US 19 zoning district where
self-storage warehouses are allowed, in conjunction with the required
development application. The owner has a pending purchase agreement with
RK Development Partners, LLC, a firm which wants to construct a 900-unit
self-storage warehouse with 4,500 square feet of office/retail on the property.
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Self-storage warehouses are allowed as a flexible standard use in the US 19
District in the following locations:
Corridor Subdistrict: No parcel size or locational restrictions
Regional Center Subdistrict: On parcels of .75 acres to .9 acres in size
that existed on or before October 17, 2018 with Street Frontage Type C
that do not have any other Street Frontage Type (per Ordinance 9161-18
adopted on November 1, 2018)
Proposed Ordinance 9308-19 would expand the allowance of this use by also
permitting it in the Regional Center Subdistrict on parcels of 1.1 acres to 1.2
acres in size fronting Seville Boulevard that existed on or before June 3, 2019
as a flexible standard use. The specific locational requirements effectively limit
the amendment, so it applies only to one property, 2611 Seville Boulevard. The
same use specific standards previously established in the 2018 amendment for
those warehouses located in the Regional Center Subdistrict would continue to
apply to this new parcel.
The applicant is utilizing the text amendment process to afford development
rights to the owner of only one property (1.13 acres) located on a specific street
(Seville Boulevard), out of 660 properties located within the Regional Center
Subdistrict. Regulatory devices like land development regulations should apply
to a majority of properties within a zoning district. This property is located on the
border of the Corridor and Regional Center Subdistricts, directly abutting
parcels designated as US 19 Corridor on the Future Land Use Map and in the
Corridor Subdistrict. The US 19 Zoning District and Development Standards
includes the procedures for requesting amendments to the Future Land Use
Map and to change the US 19 Subdistrict for property, which is the appropriate
process for requesting a change affecting a single parcel within the US 19
District.
A summary of the city’s efforts focused on the redevelopment of the US
Highway 19 corridor is provided in the staff report (Table 1). The goal for all of
these efforts is to reposition the corridor to make Clearwater a more
economically competitive, sustainable, and livable community, and the city has
seen renewed investment along US 19 since rezoning the corridor in 2017.
The Planning and Development Department determined that the proposed
ordinance is inconsistent with the standards for review in Clearwater
Community Development Code which apply to text amendments as specified
below (Section 4-601.F):
The proposed amendment is inconsistent with and does not further the
goals, policies and objectives of the Comprehensive Plan; and
The proposed amendment will not further the purposes of the
development code and other city ordinances and actions designed to
implement the plan.
As a whole, the self-storage warehouse use does not support the goals of the
activity centers on US Highway 19 as designated on the Citywide Design
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Structure and does not prioritize or support an employment producing or transit
supportive land use in the Regional Center; therefore, expansion of this use in
the Regional Center Subdistrict would be inconsistent with the Comprehensive
Plan, Clearwater Greenprint, Clearwater Economic Development Strategic
Plan, US 19 Corridor Redevelopment Plan and the Clearwater Comprehensive
Plan and is inconsistent with the purposes of the Community Development
Code.
The Planning and Development Department recommends denial of the
proposed text amendment. The Community Development Board, after
conducting a public hearing on September 17, 2019, recommended denial of
the application by a vote of 5 to 2.
In response to questions, Planning Manager Lauren Matzke said if Council
denies the request, the applicant may pursue an alternate land use
amendment application. The subject property abuts the corridor sub-district
to the east and south. She said rezoning is not required because the entire
US 19 corridor is the US 19 District; staff would process a text amendment to
change it on the map. Planning and Development Director Gina Clayton said
staff advised the applicant that the appropriate process to pursue was the
land use amendment but the applicant believed the text amendment was the
shorter route and it provided additional development rights. The subject site
was not included in the center because it had redevelopment options.
The long-term goal is to see the consolidation of small parcels for
redevelopment, which takes time. Ms. Matzke said the proposed text
amendment was drafted to affect only the subject parcel. Ms. Clayton said
it is not a common practice among the private sector to put forth a text
amendment. In her 20 years with the City, there have been two or
three requests put forth by the private sector that impacted the districts as a
whole where they were located. She said the applicant is proposing 900
storage units on this small piece of property that has a major easement that
runs through it. Ms. Matzke said the Community Development Board
recommended denial. The alternate path for the applicant would have
taken a couple of months longer and provide less development potential,
resulting in a smaller building. Ms. Clayton said staff did not have an
application for the alternate application and did no further analysis.
The Council recessed from 11:02 a.m. to 11:10 a.m.
9.3 Approve the annexation, initial Future Land Use Map designation of Industrial Limited (IL)
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and initial Zoning Atlas designation of Industrial, Research and Technology (IRT) District
for 2108 Palmetto Street, and pass Ordinances 9309-19, 9310-19 and 9311-19 on first
reading. (ANX2019-07014)
This voluntary annexation petition involves a 0.895-acre property consisting of
one parcel of land which is currently occupied by a single-family dwelling.
Previously, the property had been used by a vehicle repair business; however,
that use is no longer there. The property is located on the north side of
Palmetto Street approximately 1,080 feet west of North Belcher Road. The
applicant is requesting annexation in order to receive solid waste service from
the city and would like to utilize the property in conjunction with the parcel to the
east, which is also owned by the applicant. The property is contiguous to
existing city boundaries on all sides, and annexation of the property will
eliminate an enclave. It is proposed that the property be assigned a Future Land
Use Map designation of Industrial Limited (IL) and a Zoning Atlas designation of
Industrial, Research & Technology (IRT).
The Planning and Development Department determined that the proposed
annexation is consistent with the provisions of Community Development Code
Section 4-604.E as follows:
The property currently receives water service from the City. Sanitary
sewer is not readily available to the property. Collection of solid waste
will be provided by the City of Clearwater. The property is located within
Police District III and service will be administered through the district
headquarters located at 2851 N. McMullen Booth Road. Fire and
emergency medical services will be provided to this property by Station
#48 located at 1700 North Belcher Road. The City has adequate
capacity to serve this property with 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.
The proposed Industrial Limited (IL) Future Land Use Map category is
consistent with the current Countywide Plan designation of the property.
This designation primarily permits nonresidential uses at a floor area
ratio (FAR) of 0.65. The proposed zoning district to be assigned to the
property is the Industrial, Research & Technology (IRT) District. The
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Council Work Session Meeting Minutes October 14, 2019
existing detached dwelling has remained unchanged since constructed
in 1947; however, this residential use is not allowed in the Industrial,
Research & Technology (IRT) District. The owner has been advised that
this would be a nonconforming use within the City and is aware of the
provisions of Community Development Code Article 6 Nonconformity
Provisions which apply to this property once annexed into the City.
Additionally, any future use would be required to meet the standards of
the Industrial, Research & Technology (IRT) District.; and
The property proposed for annexation is contiguous to existing city
boundaries on all sides; therefore, the annexation is consistent with
Florida Statutes Chapter 171.044.
9.4 Approve 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 1421 West Virginia Lane and pass Ordinances 9312-19, 9313-19, and 9314-19 on
first reading. (ANX2019-07015)
This voluntary annexation petition involves 0.19 acres consisting of one
parcel of land occupied by a single-family dwelling. The property is located
on the east side of West Virginia Lane, approximately 865 feet south of
SR590. The applicant is requesting annexation to receive solid waste
service from the City. The property is located within an enclave and is
contiguous to existing city limits to the west. It is proposed that the
property be assigned a Future Land Use Map designation of Residential
Low (RL) and a Zoning Atlas designation of Low Medium Density
Residential (LMDR).
The Planning and Development Department determined that the proposed
annexation is consistent with the provisions of Community Development
Code Section 4-604.E as follows:
The property currently receives water and sanitary sewer service
from the City. Collection of solid waste will be provided for the
property by the City of Clearwater. The property is located within
Police District III, and service will be administered through the
district headquarters located at 2851 N. McMullen Booth Road.
Fire and emergency medical services will be provided to this
property by Station #49 located at 565 Sky Harbor Drive. The City
has adequate capacity to serve this property with 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:
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Council Work Session Meeting Minutes October 14, 2019
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 to be assigned to the property is consistent with the
Countywide Plan designation. 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 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 Comprehensive Plan and
Community Development Code; and
The property proposed for annexation is contiguous to existing city
limits to the west; therefore, the annexation is consistent with
Florida Statutes Chapter 171.044.
9.5 Approve 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 1861 East Drive and pass Ordinances 9318-19, 9319-19 and 9320-19 on first
reading. (ANX2019-07017)
This voluntary annexation petition involves 0.216 acres of property consisting of
one parcel of land occupied by a single-family home. The parcel is located on
the east side of East Drive approximately 223 feet south of Sunset Point Road.
The applicant is requesting annexation in order to receive sanitary sewer and
solid waste service from the City. The property is located within an enclave and
is contiguous to existing city limits to the north, east and south. It is proposed
that the property be assigned a Future Land Use Map designation of Residential
Low (RL) and a Zoning Atlas designation of Low Medium Density Residential
(LMDR).
The Planning and Development Department determined that the proposed
annexation is consistent with the provisions of Clearwater Community
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Council Work Session Meeting Minutes October 14, 2019
Development Code Section 4-604.E as follows:
The property currently receives water service from the City. The closest
sanitary sewer line is located in the adjacent East Drive right-of-way.
The applicant has paid the required sewer impact and assessment fees
in full and is aware of the additional costs to extend city sewer service to
the property. Collection of solid waste will be provided to the property by
the City. 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 to
be assigned to the property is consistent with the Countywide Plan
designation. 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 Low Medium Density Residential (LMDR). 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 Comprehensive Plan and Community
Development Code; and
The property proposed for annexation is contiguous to existing city limits
to the north, east and south; therefore, the annexation is consistent with
Florida Statutes Chapter 171.044.
10. Information Technology
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Council Work Session Meeting Minutes October 14, 2019
10.1 Authorize the piggyback of City of St. Petersburg Contract for Security Cameras,
Installation, Maintenance, and Repairs, to GSA Security, Inc. of Tampa, FL; in the amount
of $400,000 for the 3-year term expiring on June 24, 2022, pursuant to Clearwater Code
of Ordinances Section 2.564(1)(d) Exceptions to Bid - Other Government Entities’ Bids
and authorize the appropriate officials to execute same. (consent)
The scope of services to be performed includes procurement, installation, and
activation of Axis IP cameras. The work includes, but is not limited to, supplying
the cameras, materials, wiring installation, camera implementation and start-up,
etc. Work will require the vendor to utilize a bucket truck or other form of
personnel lift. Permits and removal of waste materials resulting from the
installation of the cameras and mounting structures are the responsibility of the
vendor.
The City’s current population of camera’s is approximately 650 and is
composed primarily of exterior facility security cameras.
Future projects anticipated for this contract term include Station Square Park,
Crest Lake Park, the new Clearwater Gas Complex and the Solid Waste
Transfer Station.
Work under this multi-year contract will be camera and related
equipment/software installations at locations and facilities across the City.
APPROPRIATION CODE AND AMOUNT:
Installation of security cameras at other city facilities will be funded from various
operating/capital codes as requested.
10.2 Authorize piggyback of Florida State Contract DMS-10/11-008C, for basic cellular/smart
phones and mobile data services, with Verizon Wireless, in an amount not to exceed
$690,000 for the period October 1, 2019 through September 30, 2020, pursuant to
Clearwater Code of Ordinances Section 2.564 (1)(d) Other Government Entities Bids;
and authorize the appropriate officials to execute same. (consent)
The annual Verizon spend is $690,000, broken down as follows: cellular/smart
phones $425,000; and data cards for departments - including Police
Department’s patrol vehicles - $265,000.
The City currently has 678 cellular/smart phones in use and approximately 500
cellular data cards (280 for police patrol units).
State Contract DMS-10/11-008C expires on January 19, 2022.
APPROPRIATION CODE AND AMOUNT:
5559865-542100 - $425,000
5559862-530300 - $265,000
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Council Work Session Meeting Minutes October 14, 2019
10.3 Authorize piggyback of Florida State Contract DMS-08/09-071, for SunCom long
distance service, State AIN Centranet lines, and toll-free lines, in an amount not to exceed
$134,200 for the period October 1, 2019 through September 30, 2020, pursuant to
Clearwater Code of Ordinances Section 2.564 (1)(d) Other Government Entities Bids
and authorize the appropriate officials to execute same. (consent)
Department of Management Services Total - $134,220
- Long Distance $658 per month x 12 = $7,896
- Local $124 per month x 12 = $1,488
- Centranet lines $10,400 per month x 12 = $124,800
- 800 # $3.00 per month x 12 = $36.00
APPROPRIATION CODE AND AMOUNT:
Funds are available in cost code 5559865-541200, Telephone Charges.
11. Marine & Aviation
11.1 Approve Docking Agreement between the City of Clearwater and The Sandpearl Resort,
LLC for the shared docking facility located adjacent to the Beach Recreation Center and
authorize the appropriate officials to execute same. (consent)
The City and the Sandpearl Developer entered into a Development Agreement
dated January 26, 2005, which was amended on September 12, 2007 to include
a shared Boat Docking Facility on what was believed to be city owned bottom
lands adjacent to the Beach Recreation Center. This facility includes 15 free
day docks open to the public and 27 private docks used by the resort. Some
years later it was discovered that the submerged lands are actually owned by
State of Florida.
Following that determination, and as appurtenant upland owner to the docks, a
Submerged Land Lease (SLL) application with the City as applicant was
approved by the State and returned for execution.
As a result, a new Docking Agreement for the Sand Pearl Resort was created
to reflect the current status of the docking facility and obligations of both parties.
In response to a question, the City Attorney said since the agreement had
lapsed, staff is redoing the agreement.
11.2 Ratify and confirm Submerged Land Lease (SLL) between the State of Florida and the
City of Clearwater for the shared docking facility adjacent to the Beach Recreation Center
and authorize the appropriate officials to execute same.
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City of Clearwater
Council Work Session Meeting Minutes October 14, 2019
This shared docking facility has been operating under a Temporary Use
Agreement (TUA) from the State of Florida following an ownership discrepancy
until a Submerged Land Lease could be secured. This SLL authorizes a
forty-two slip commercial docking facility for the mooring of recreational
vessels. Fifteen or 36% of these slips are open to the public free of charge on a
first come basis. The remaining twenty-seven or 64% of the slips will be used
by the Sandpearl Resort under a separate Docking Agreement between the City
and Sandpearl Resort, LLC.
APPROPRIATION CODE AND AMOUNT:
Funds are available in non-departmental cost code 0107010-544300
(rentals-land), to fund this agreement. Offsetting revenues will be coded to
General Fund reimbursement revenue code 010-369903.
12. Solid Waste
12.1 Authorize establishment of new capital improvement project, C-2005-NORD
Underground Refuse Program and project purchases for a total budget amount of
$1,570,090, which includes Construction Management at Risk Services from Biltmore
Construction Co. Inc. in the amount of $650,500, a truck chassis from Kenworth of
Central Florida in the amount of $235,214, and NORD Underground Refuse Systems in
the amount of $470,139, all in accordance with Clearwater Code of Ordinances Section
2.564(1)(d) Other Government Entities Bids and authorize the appropriate officials to
execute same. (consent)
The requested new capital improvement project is for the purchase of the
collection vehicle, containers and the associated installation of the NORD
Underground Refuse System. This system has proven successful for use in
densely populated areas with a high-water table. The system features an above
ground, secure kiosk appropriate for accepting large amounts of solid waste
while keeping the trash in a large underground container which prevents
over-flowing above ground containers, wind-blown litter, and nuisance animals.
This system is being used in Italy, France, Spain, Slovenia, Turkey, Argentina,
Peru, and most recently in Kissimmee, FL. The system boxes will be paired
(one refuse and one recycling) at seven locations throughout the City: three at
beach accesses near Mandalay Park, three on Mandalay Avenue near the Hilton
Hotel and one at the main entrance of Spectrum Field.
On August 4, 2016, City Council approved the use of Construction Management
at Risk Services (CMAR) for Continuing Contracts. Biltmore Construction Co.,
Inc. of Belleair, FL is one of the authorized CMAR contractors through August
2020. The awarded firms were selected in accordance with Florida Statutes
255.103 and 287.055 under Request for Qualifications #24-16 based upon
construction experience, financial capability, availability of qualified staff, local
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City of Clearwater
Council Work Session Meeting Minutes October 14, 2019
knowledge and involvement in the community.
Biltmore Construction will design and construct the seven sets of below grade
containment housings for the refuse system boxes for a guaranteed maximum
price (GMP) of $650,500.
The 2020 Autocar ACX truck will be purchased via piggyback on Florida Sheriffs
Contract FSA18-VEH16.0 (October 1, 2019 - September 30, 2020) from
Kenworth of Central Florida in the amount of $235,214. The specialized NORD
Refuse System Body for the truck (including installation of crane package, hook
lift, and compactor), and container purchases including delivery (14 each
five-cubic meter underground units and two five-cubic meter above-ground
units) will be purchased via piggyback on an executed agreement with the City
of Kissimmee dated July 11, 2016 from Underground Refuse Systems in
Kissimmee, FL for $470,139 . Other project costs, estimated at $214,237,
include vehicle upfitting, survey, permits, and other miscellaneous project
related expenses.
The Solid Waste Department will own and maintain the underground refuse
systems.
APPROPRIATION CODE AND AMOUNT:
Capital improvement project C2005, Underground Refuse Program
A first quarter FY20 budget amendment will establish capital project C2005,
Underground Refuse Program with a total budget of $1,570,090; provide a
transfer of $841,262 of Solid Waste revenue from fund reserves; a transfer of
$184,600 of Solid Waste revenue from project 96444, Commercial Container
Acquisition; and an increase of $544,228 in lease purchase revenue, to provide
project funding.
USE OF RESERVE FUNDS:
Funding for this project will be provided by a first quarter FY20 budget
amendment allocating Solid Waste and Recycling Fund reserves in the amount
of $841,262 to capital improvement project C2005, Underground Refuse
Program. The remaining balance of Solid Waste and Recycling Fund reserves
after 50% working capital reserves is approximately $19.8 million or 75% of the
current Solid Waste and Recycling Fund operating budget.
In response to questions, Solid Waste and General Services Director Earl
Gloster said it will take approximately one week to install a kiosk. The vendor
is donating a kiosk at Spectrum Field. He said the project is being funded
through the Department's reserve funds. Individuals will press the foot pedal
to open the container in order to deposit the trash.
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Council Work Session Meeting Minutes October 14, 2019
12.2 Approve the purchase of HVAC replacement and repair parts, for an annual not to
exceed amount of $350,000 for Fiscal Year 19/20, to vendors as listed, in accordance
with Clearwater Code of Ordinances Section 2.564(1)(d) Other Government Entities
Bids, to include other sourced vendors as required, and authorize the appropriate
officials to execute same. (consent)
Most of the Building & Maintenance HVAC purchases for equipment
replacement and repair parts have been made as sole source buys direct from
the manufacturer or manufacturer’s distributor, or by piggybacking other entities’
contracts.
The authorizations for sole source and/or piggyback contracts have been
brought to Council each time the source-specific expenditures are expected to
exceed $100,000 within a single year, as required by city code. This request
consolidates the authorization to utilize properly sourced piggyback contracts
and/or sole source manufacturers and distributors, not limited to the following:
Tampa Bay Trane - US Communities (Contract # 15-JLP-023 expires
Sept. 30, 2022)
Florida Cooling & Supply - Distributor
(Heil, Copeland, Honeywell, Larkin, Tempstar, Grandaire, Arcoaire,
Manitowoc and associated parts, controls, motors and tools)
Johnstone Supply - Distributor
(Westinghouse, Daiken, Coleman, CDI, and Goodman and associated
parts, controls, motors, and tools)
United Refrigeration - Distributor
(Mitsubishi, Fijitsu, Bohn, Airtemp, Nordyne and associated parts,
controls, motors, and tools)
RE Michel Company - Distributor
(Heil, Arocaire, Tempstar, Tecumseh, Copeland and associated parts,
controls, motors, and tools)
The estimated 20% of annual parts spend that is not sole source or piggyback
is with vendors who are contacted for quotes. Additional vendors will be
engaged as needed. Flexibility is requested to allow for expenditure of budgeted
funds as needed throughout the year, in accordance with the intent of this
general authorization.
APPROPRIATION CODE AND AMOUNT:
5656531-546200
GSBM180001-R&M -MATLS
These funds are available in the operating expense of Building & Maintenance
as budgeted in fiscal year 19/20 as well as funding available in the project.
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City of Clearwater
Council Work Session Meeting Minutes October 14, 2019
12.3 Authorize the award of Invitation to Bid Number 47-19, Police Vehicle Upfitting Services,
to Enforcement One, Inc. of Oldsmar, FL, in the annual not-to-exceed amount of
$300,000.00, to include two one-year renewal terms at the City's option and authorize the
appropriate officials to execute same. (consent)
Invitation to Bid (ITB) No. 47-19 was issued in August 2019, and two responses
were received. The ITB pricing structure was based on specific equipment and
installation needs necessary for the Up-Fitting of police vehicles to be
purchased in fiscal year 2020:
14 Police Ford Interceptor
Utility Vehicles
6 Police Chevrolet Tahoe
3 Civilian Ford F150 Trucks
2 Civilian Nissan Frontiers
1 Civilian Ford Explorer
The requested authorization for $300,000 includes additional costs associated
with damaged or totaled vehicles during the fiscal year.
Enforcement One, Inc. was the lowest bidder on ITB 47-19.
APPROPRIATION CODE AND AMOUNT:
Funds for FY20 are budgeted in 0101131-541500 (Garage Services Variable)
FY20 $300,000
Future fiscal year budgets will include requests for funding:
FY21 $300,000
FY22 $300,000
13. Legal
13.1 Pass Ordinance 9298-19 on second reading, annexing certain real property whose post
office address is 1819 Audubon Street, Clearwater, Florida 33764, together with a
certain portion of Audubon Street right-of-way, into the corporate limits of the city and
redefining the boundary lines of the city to include said addition.
14. City Manager Verbal Reports – None.
15. City Attorney Verbal Reports – None.
16. Council Discussion Item
16.1 North Greenwood “Community Fun Night” - Vice Mayor Cundiff
Discussion was deferred to Wednesday, October 16.
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Council Work Session Meeting Minutes October 14, 2019
17. 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.
18. Closing Comments by Mayor – None.
19. Adjourn
The meeting adjourned at 11:27 a.m.
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City of Clearwater