09/28/2020 Council Work Session Meeting Minutes September 28, 2020
City of Clearwater
Main Library- Council Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
Meeting Minutes
Monday, September 28, 2020
9:00 AM
Main Library - Council Chambers
Council Work Session
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City of Clearwater
Council Work Session Meeting Minutes September 28, 2020
To ensure public safety and comply with the Governor's Safer at Home order in response to the
COVID-19 virus, the Clearwater City Council will hold a public meeting on Monday, September 28, 2020
at 9:00 a.m. using communications media technology.
Pursuant to Executive Order No. 20-69, issued by the Office of Governor Ron DeSantis on March 20,
2020, municipalities may conduct meetings of their governing boards without having a quorum of its
members present physically or at any specific location, and utilizing communications media technology
such as telephonic or video conferencing, as provided by Section 120.54(5)(b)2, Florida Statutes.
Roll Call
Present 5 - Mayor Frank Hibbard, Vice Mayor David Allbritton, Councilmember
Hoyt Hamilton, Councilmember Kathleen Beckman, and
Councilmember Mark Bunker
Also Present: William B. Horne II — City Manager, Micah Maxwell —Assistant City
Manager, Michael Delk—Assistant City Manager, Pamela K. Akin City
Attorney, Rosemarie Call — City Clerk, and Nicole Sprague — Deputy
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 Hibbard
2. Presentations — Given.
The City Clerk administered the oath to Police Officers Davi Race, Bylynn
Hatcher, Adrian Kwiatkowski, Adam Marston and Jarrett Busa.
3. City Manager
3.1 Approve an Interlocal Agreement between City of Clearwater and Community
Redevelopment Agency (CRA) to provide staffing, telephone services and other
administrative services for the CRA, provided for the reimbursement of certain expense
by the CRA to the City and authorize the appropriate officials to execute same. (consent)
As per Section 163.387, Florida Statues, allow that money in the redevelopment
trust fund may be expended from time to time for undertakings of the
Community Redevelopment Agency, include providing for staff, as describing in
the community redevelopment plan and the Clearwater Downtown
Redevelopment Plan established that funds received by the CRA through the
use of Tax Increment Funding (TIF) may be for certain redevelopment activities.
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The CRA agrees to provide TIF funding in a total amount not to exceed
$500,000 for this contract year.
This amount includes a not to exceed $451,841.00 to pay salary benefits for
CRA staff, $3,310.00 for telephone services and up to $44,849.00 for other
administrative services. These amounts are subject to adjustment and
approval in the CRA budget each year.
4. Economic Development and Housing
4.1 Approve a local government contribution of$610,000 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 Pierce, LLC, as Successor-in-Interest to Blue Sky Communities,
LLC, (Blue Sky) to receive a basis boost in the State of Florida's Low Income Housing
Tax Credit Program (LIHTC) for an 81-unit affordable housing development project at 610
Franklin Street; approve the First Amendment to Agreement for Development and
Purchase and Sale of Property (Amendment) between the Community Redevelopment
Agency of the City of Clearwater, the City of Clearwater and Blue Pierce, LLC (Blue
Pierce); and authorize 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. 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.
After entering into the Agreement for Development and Purchase and Sale of
Property (Agreement), Blue Sky submitted an application to the FHFC under
RFA114. Blue Sky's application to FHFC was unsuccessful; however, the
Agreement contained an option for an extension of one additional year for Blue
Sky to re-apply in a future RFA, which was exercised in accordance with the
terms of the Agreement. The Amendment provides updated information
regarding FHFC's 2020 Application cycle. Following approval of this item and
CRA approval of the Amendment, Blue Sky will submit an application in
response to FHFC's Request for Applications 2020-202 (RFA202). The
minimum Local Government Area of Opportunity Funding amount reduced by
the State from $747,000 in 2019 to $610,000 for this year's RFA. If more than
one firm submits an acceptable application for a project located in Pinellas
County with local government support of$610,000, then FHFC's selection
becomes akin to a lottery pick; only one project will be awarded tax credits.
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Applications for RFA202 are due on October 20, 2020 and FHFC's selection is
expected in March 2020.
Approval of the Amendment between the CRA, the City and Blue Pierce
commits the city to a contribution of$610,000, as noted above.
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 ultimately be funded as a fifty-fifty split between HOME
investment Partnership funds from the United States Department of Housing
and Urban Development and funding from the CRA.
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.
APPROPRIATION CODE AND AMOUNT: N/A
USE OF RESERVE FUNDS:
Funding for this contract will be provided by a commitment of General Fund
Reserves in the amount of$610,000.
Inclusive of this item if approved, a net total of$610,000 of General Fund
reserves has been appropriated by Council to fund expenditures during fiscal
year 2020/2021. The remaining unappropriated balance of General Fund
reserves, after the 8.5% reserve, is approximately$25.7 million, or 16.9% of the
current General Fund operating budget.
In response to questions, the City Attorney said if the item is approved by
Council, the City will not be able to consider another option on this property
while an application is being considered for the grant. The agreement is for a
two-year commitment that was entered into last year. The City does not have
to extend the agreement beyond the existing period. Economic Development
and Housing Assistant Director Chuck Lane said Blue Sky is an affiliate of
Blue Sky Communities. The tax credit program is very competitive, two
applications were funded with local government area opportunity funding that
rose to the top for the tax credit program. Staff anticipates there may be up
to 3 additional projects competing in the program this year, the award is
expected to occur in March. CRA Executive Director Amanda Thompson
said the extension was approved in May after she consulted with Legal and
the City Manager, confirming she had the authority to approve the extension.
The CRA Trustees approved the original agreement which provided the CRA
Executive Director the authority to extend the agreement.
Discussion ensued with concerns were expressed that the agreement was
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extended without council consultation and that the City cannot consider other
viable options on this site.
The City Attorney said no further CRA action was required after the
agreement was approved. The CRA Executive Director was authorized to
exercise the extension.
The City Manager requested direction on the suggestion of bringing back
these agreements to council if an extension is needed. There was
consensus that staff will consult with council prior to extending agreements
that involve selling city property or major developments.
5. Gas System
5.1 Accept a Gas Utility Easement from Jones Properties, LLC, for the construction,
installation, and maintenance of gas utility facilities on real property located at 14219
Walsingham Road, Largo, FL and adopt Resolution 20-48.
Jones Properties, LLC (Grantor) has granted a non-exclusive five-foot wide
natural gas easement, on property located at 14219 Walsingham Road, in
Largo (Parcel ID# 07-30-15-00000-430-1000) for the installation of a natural gas
distribution line. This main line will serve a commercial restaurant (Localz Bar &
Grill).
The 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.
5.2 Approve an Easement Termination and Release with Tarpon Springs Housing Authority,
a public body corporate and politic established pursuant of Chapter 421 of the Florida
Statutes whose principal address is 500 S. Walton Avenue, Tarpon Springs, FL, 34689
and authorize the appropriate officials to execute same. (consent)
Tarpon Springs Housing Authority granted a Gas Utility Easement to the City for
real property located in Tarpon Springs (Parcel ID# 18-27-16-47520-000-0001)
for the operation and maintenance of natural gas distribution mains. This parcel
has undergone site redevelopment, where all buildings were demolished, and
the original roads were vacated and new roads were established to serve a new
housing development.
Unfortunately, the Housing Authority decided to not include natural gas in the
new development. As a result, CGS has cut and capped all gas mains and
abandoned in-place, as there were no remaining gas accounts. The gas lines
had served the former community for over 30 years.
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In response to questions, Gas System Assistant Director Brian Langille said
the developer chose not to pursue natural gas because of the upfront costs,
even with the rebates provided for the appliances. Typically, 90% of
developments in Pasco install natural gas.
6. Parks and Recreation
6.1 Authorize award of Invitation to Bid (ITB) 03-20R, Landscaping Maintenance Services:
Zone 5 - Northwest, to Average Joe Landscape, LLC for an annual not-to-exceed amount
of$95,000 for the period of October 1, 2020 through September 30, 2021, with the
option for one one-year term extension and authorize the appropriate officials to execute
same. (consent)
On December 19, 2019, Invitation to Bid 03-20 for Landscaping Maintenance
Services was awarded by Council. The Scope of Services consisted of eight
zones covering 645 properties throughout the City. During the course of the first
year of the contract services, Parks and Recreation experienced contractual
issues with Gamco Properties that covered Zone 5 - Northwest. After several
attempts to rectify, Procurement ultimately canceled the contract and received
approval to rebid that section. On August 4, 2020, Invitation to Bid 03-20R for
Landscaping Maintenance Services: Zone 5 - Northwest was issued.
Vendors were asked to provide landscape maintenance services to the various
properties which included one or all of the following services: turf maintenance,
palm and tree maintenance, shrub and groundcover maintenance, weed
control, mulch maintenance, and litter removal.
Council authorization is requested for an annual not-to-exceed award of
$95,000 which includes a $10,000.00 contingency for additional properties as
they are added to Zone 5, supplemental work that may be requested, annual
CPI contract increases, and other contractual management requirements.
APPROPRIATION CODE AND AMOUNT:
Funds are available in Parks and Recreation cost code 0101867-530300,
contractual services, for this contract.
In response to questions, Parks Senior Manager Brian DeWitt said Zone 5 is
the northwestern portion of the city's mainland. The department contracts 8
zones. Zone 5 has 177 sites that require maintenance. Staff tries to balance
the contracts based on the cut schedule, level of service and geographic
locations. He said the City outsources the maintenance of 650 sites
citywide; staff maintains 110 sites citywide.
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Staff was requested to provide information on the total cost to maintain all
contracted sites.
7. Police Department
7.1 Renew Grant and Financial Assistance Agreement between the Florida Department of
Law Enforcement and the city of Clearwater, necessary to facilitate a current mutual aid
agreement between the two entities, effective upon execution through June 30, 2021, and
authorize the appropriate officials to execute same. (consent)
The Florida Department of Law Enforcement and the city of Clearwater 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 of Clearwater.
The Financial Assistance Agreement between the Florida Department of Law
Enforcement (Department) and the city of Clearwater 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, it is required to come before Council for 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 of Clearwater 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
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with Section 215.97, Florida State Statutes.
There is no budgetary impact associated with the ESST Mutual Aid Agreement.
8. Engineering
8.1 Approve the request from the owner of property addressed as 1140 Eldridge Street,
Clearwater, to vacate a platted utility easement, described as the East 10 Feet of the
West 81.75 feet of Lot 7, Green Field Subdivision, according to the plat thereof, as
recorded in Plat Book 31, Page 28, of the Public Records of Pinellas County, Florida,
and pass Ordinance 9412-20 on first reading.
The property owner at 1140 Eldridge St., Clearwater, has requested that the
City vacate a platted 10-foot Utility Easement located entirely on their property.
The easement vacation will allow the property owner to construct a loading dock
on their property.
There are no utilities present within this easement. City staff have reviewed the
utility easement vacation request and have no objection.
8.2 Accept a Sidewalk Easement from Central Properties Inc., as Trustee of the Baymont
Trust, for the repair, maintenance, and replacement of a public sidewalk on real property
located at 499 Mandalay Avenue and adopt Resolution 20-42.
The Sidewalk Easement will allow the city rights for repair, maintenance, and
replacement of a public sidewalk on the commercial site.
The City Engineering Department recommends acceptance of the easement.
In response to a suggestion, the City Attorney said she believed information
regarding minority/female-owned businesses is collected by Purchasing but
the information is not listed in the bid tab because it is not relevant to the bid
award. Staff will be bringing forward changes to the Purchasing code, a
discussion regarding diversity would be appropriate then.
Staff was directed to provide information regarding the total number of
minority or female owned businesses the City has awarded contracts.
8.3 Award a construction contract to Steve's Excavating and Paving Inc.-- of Dunedin,
Florida, for the 2021 Underdrain project via Invitation to Bid (ITB) 20-0028-EN, in the
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annual amount of$300,000 for an initial one-year term with an option to renew for three
additional one-year renewal terms on a unit price basis and authorize the appropriate
officials to execute same. (consent)
ITB 20-0028-EN closed September 9, 2020 with Steve's Excavating and Paving
Inc. as the lowest most responsible bidder.
The project intent is to establish an annual contract for the installation of
stormwater underdrain infrastructure at various locations throughout the City of
Clearwater.
High groundwater table elevation often causes visible seepage, or subsurface
impacts to roadway infrastructure and its integrity. The installation of an
underdrain system provides a means for groundwater to travel, minimizing
impacts to surrounding assets.
The Engineering Department will direct the contractor to high priority areas as
established by review of inspection reports and maintenance records.
This is a unit price contract not to exceed a total of$300,000 annually with an
estimated start date of December 1, 2020.
The city reserves the option to extend the contract on a yearly basis up to three
additional one-year renewal terms.
APPROPRIATION CODE AND AMOUNT:
ENST1 80001-CONS-CNSTRC $300,000
Funds are available in Capital Improvement Project ENST180001, Storm
System Improvements, to fund the contract and will be included in FY2022
through FY2024 Capital Improvement Program for future renewals in the
amount of$300,000 per year.
8.4 Award a construction contract to Hinterland Group Inc., of Riviera Beach, Florida, for the
2021 Stormwater Pipe Lining annual maintenance via Invitation to Bid (ITB) 20-0021-EN
in the yearly amount of$1,000,000 for an initial one-year term with an option to renew for
three additional one-year renewal terms on a unit price basis and authorize the
appropriate officials to execute same. (consent)
ITB 20-0021-EN closed on September 2, 2020 with Hinterland Group Inc. as the
lowest, most responsible bidder.
This project establishes an annual contract for the cleaning, video inspection
and point repair or full reconstruction of storm sewer lines by the installation of a
resin impregnated cured in place pipe (RICIPP) lining at various locations
throughout the City.
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Stormwater infrastructure experiences decreased capacity at the end of its
useful life. Performing repairs by this pipe lining method increases life span,
prevents structural failure of the stormwater conveyance system components
and is much less intrusive than typical open cut construction.
The Engineering Department will direct the contractor to high priority pipe
systems as established by review of inspection reports and maintenance
records.
This is a unit price contract not to exceed a total of$1,000,000 annually with an
estimated start date of December 1, 2020.
The City reserves the option to approve annual extensions of the contract up to
three additional one-year renewal terms, through end of 2024.
APPROPRIATION CODE AND AMOUNT:
ENST1 80001-CONS-CNSTRC $1,000,000
Funds are available in Capital Improvement Project ENST180001, Storm
System Improvements, to fund the contract and will be included in FY2022
through FY2024 Capital Improvement Program for future renewals in the
amount of$1,000,000 per year.
8.5 Authorize a purchase order to American Lighting and Signalization (ALS) for streetlight
maintenance and repairs in an amount not to exceed $100,000 for the period of October
1, 2020 through August 2, 2021, pursuant to Clearwater Code of Ordinances Section
2.564(1)(d) Other Government Entities Contracts, and authorize the appropriate officials
to execute same. (consent)
Engineering is responsible for the maintenance and repair of streetlights within
City limits. This purchase order allows ALS to work on lighting that requires
specialized equipment where Engineering staff are unable to address, including
425 elevated lights on US 19 and the Memorial Causeway. These lights are
owned by the State but maintained by the City through a maintenance
agreement. The breakdown of lighting on the State roadways maintained by the
City, in addition to the 425 mentioned above, is as follows:
• 665 Street lights on the state highway system are owned by Duke
Energy and the city pays Duke for maintenance and energy.
• Total of 1,090 streetlights on the state highway system that the city pays
maintenance on and receives annual reimbursement from the state.
• The city was reimbursed $285,819.80 by the state for this maintenance
work in FY 2019/20.
• There are 11,299 streetlights in the city on the local road system
(including County roads) and 1,090 on the state highway system for a
total of 12,389.
• Engineering Traffic Operations staff repair and maintain the 11,299 lights
on non-state roadways within City limits.
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This purchase order is a piggyback on Florida Department of Transportation
(FDOT) Contract Number E2Z74-R0, effective August 3, 2020 through August
2, 2021.
APPROPRIATION CODE AND AMOUNT:
ENRD180007-CONS-CNSTRC $100,000
Funds are available in capital improvement project ENRD180007, Traffic Safety
Infrastructure, to fund this purchase order.
In response to questions, Traffic Operations Manager Paul Bertels said the
August date was based on the how much money was spent last year to do
this type of work and prorated the amount for this contract. Staff does not
anticipate the project will cost $100,000. Staff reviews the annual contract and
identifies a contract the City could piggy-back.
8.6 Approve Construction Manager at Risk (CMAR) proposal from Skanska, Inc. of Tampa,
FL, for the renovations of the Clearwater Main Library for Imagine Clearwater
(17-0031-EN) at the Guaranteed Maximum Price (GMP) of$6,420,156.69 and authorize
the appropriate officials to execute same. (consent)
December 19, 2019, City Council approved RFQ#52-19 selecting Skanska as
CMAR to provide construction services for Imagine Clearwater.
A 2015 Urban Land Institute study recommended that the library become more
activated and connected to the adjacent park through the addition of more
flexible and collaborative spaces. Architecture firm Williamson Dacar
Associates was engaged to design the renovations including new entryway and
staircase at the south side, new gallery and cafe space, and general upgrades
to the first-floor public areas.
Construction documents for the renovations to the Clearwater Main Library are
complete and Skanska has provided GMP proposal to construct the renovations
at the Main Library.
Construction is scheduled to begin in mid-October and will be completed in mid
September of 2021.
APPROPRIATION CODE AND AMOUNT:
ENGF180013-CONS-CNSTRC $6,420,156.69
Resolution 19-34 was passed on November 21, 2019, establishing the City's
intent to issue Florida Non-Ad Valorem Revenue Bonds, Series 2020 to finance
and/or reimburse a portion of the costs of acquisition, design, construction,
reconstruction, renovation, expansion, improving, and equipping of the Imagine
Clearwater Project. Ordinance 9357-20 passed on February 6, 2020 authorized
the issuance of the bonds.
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A first quarter budget amendment will increase capital project ENGF180013,
Imagine Clearwater, by $30,000,000 in future bond proceeds revenue.
In response to questions, Senior Landscape Architect Catherine Corcoran
said the April estimates provided to Council showed a $5 million savings if
the 5th floor event space was eliminated. The estimates were for direct cost
of work and did not include insurance or bonding costs. The pricing has
remained consistent to the estimate staff has received. As presented in April,
the total direct cost of work, including the $5 million- event space, totaled
$8.8 million. She said the staff nor the architect had a good idea of what the
event space would actually cost until Skanksa analyzed the building. The as-
built drawings are inaccurate in terms what it would take to construct the
event space and its elevator. The as-built drawings showed clear ceilings
where the elevator shaft was to be located, SKANSKA identified an HVAC
nest, including electrical and plumbing in the same area.
8.7 Approve the conveyance of a Distribution Easement to Duke Energy Florida, LLC, d/b/a
Duke Energy, for the installation, operation and maintenance of electric facilities to
support Duke's new transformer and electrical facility installation for the new restrooms at
the Seminole Boat Ramp project at 302 Seminole Street and authorize the appropriate
officials to execute same. (consent)
The Distribution Easement will provide Duke Energy with the rights
necessary to construct and maintain its electric equipment within the
easement. The Engineering Department supports conveyance of the
Distribution Easement.
In response to questions, Assistant City Manager Michael Delk said the
restrooms at the boat ramp do not have solar panels. He said he was not
aware if solar panels were considered.
9. Fire Department
9.1 Approve the Professional Services Agreement between Innovative Emergency
Management, Inc. (IEM) and the City of Clearwater for developing a Continuity of
Operations Plan (COOP) document and related services in the amount of$131,660.00
and authorize appropriate officials to execute the same. (consent)
A COOP is a document that lays out a plan to ensure continued performance of
essential functions across a full range of potential emergencies, whether they
are natural or man-made. It provides guidance and establishes responsibilities
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and procedures to ensure that business resilience is developed and maintained.
COOP is not the same as an Emergency Operations Plan, but rather
supplements it in the event normal facility or human resources are not available.
A COOP plan ensures: Emergency delegation of authority and line of
succession; safekeeping of essential personnel, resources, facilities, and vital
records; emergency acquisition of resources necessary for business
resumption; and the capability to perform critical functions remotely until
resumption of normal operations.
IEM's project timeline includes two phases. The first phase will begin in
October 2020 and is separated into six milestones. Milestones one through
three focus on developing the COOP plan and will be completed prior to June 1,
2021. Milestones four through six will take place between July and October of
2021 and will focus on identifying opportunities for system improvement and
future plan maintenance. The second phase will begin in October of 2021 and
will focus on the creation of a tabletop exercise, which they will conduct as an
effort to test our system to identify areas for improvement. This phase will be
completed by January 2022.
The cost for the services is a fixed price of$131,660.
APPROPRIATION CODE AND AMOUNT:
Funds are available in special program 99927, Emergency Operations, to fund
this contract.
10. Library
10.1 Declare library materials surplus pursuant to Clearwater Code of Ordinances Section
2.622, surplus sales over $5,000; authorize a donation to designated not-for-profit
organizations pursuant to Section 2.624 (5), exceptions to auction sale; and authorize the
appropriate officials to execute same. (consent)
Seeking Council's authorization for the donation of city-owned library materials
consisting of paperbacks, hardcovers, DVDs, CDs and audio books in the
quantity of 55,000 items valued at $59,000 to local non-profit organizations.
Due to scheduled Imagine Clearwater construction at the Main Library, the City
was tasked with sorting through and relocating library materials. The items
identified as surplus are no longer needed for municipal public use and are
valued as follows:
• Book (hardback/paperback) $1 each
• DVD $2 each
• CD (Music/Audio Book) $2 each
Eight non-profit organizations were contacted, with four accepting donations at
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this time. Requesting authorization to donate to the following non-profit
organizations:
• AmVets, Clearwater, FL - pickup donations at no charge; items area
delivered to the Tampa warehouse and a $100 voucher is offered to
local veterans, which they in turn select what they want/need; all
leftovers are then sold and all proceeds go back into the AmVets
organization which provides assistance, jobs and services to our
veterans.
• HEP (Homeless Empowerment Program), Clearwater, FL - pickup
donations at no charge; items not suitable for their program will go into
the Thrift Store to be sold to the general public. 100% of proceeds from
the store directly benefits HEP program and clients.
• Hospice, Clearwater, FL - pickup donations at no charge; items are sold
at their thrift stores; all proceeds are used for patient care.
• Salvation Army, Clearwater, FL - pickup donations at no charge; items
are sold at their thrift stores; valuables are auctioned. All proceeds are
used for adult rehabilitation programs, social programs and homeless
programs.
In response to questions, the City Attorney said she will confirm if the Mayor
needs to recuse himself since his spouse is an employee at an organization
that may receive donated items. Library Assistant Director Linda Rothstein
said the collection is being reduced by 20% due to the new reconfiguration of
shelves at the Main Library. The materials will not be replaced but
the monies used to purchase those materials will be used to buy electronic
materials. She said patrons are using more electronic materials. The
materials being reduced include books, music CDs, audiobooks, and DVDs.
11. Planning
11.1Approve the proposed first amendment to an existing Development Agreement between
the City of Clearwater and East Shore International Enterprises, LLC and 411 ES, LLC
which provides a one-year extension for site plan approval; adopt Resolution 20-41, and
authorize the appropriate officials to execute same. (HDA2019-03001;
400/405/408/409/411 East Shore Drive).
Development Proposal:
No changes have been made to the proposed first amendment to an existing
Development Agreement presented at the September 17, 2020 City Council
meeting.
Brian J. Aungst, representative of 411 ES LLC (property owner), is requesting a
one-year time extension for site plan approval of the approved Hotel
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Development Agreement (HDA2019-03001) for the referenced project located at
400/405/408/409/411 East Shore Drive.
On July 18, 2019, the City Council approved a Development Agreement along
with a concept plan and elevations as part of application HDA2019-03001.
Consistent with applicable Florida Statues and the City's Community
Development Code the agreement was transmitted to the Florida Department of
Economic Opportunity on August 1, 2019 rendering the effective date August
31, 2019.
Pursuant to Section 6.1.3.3 of the agreement, "The Developer shall obtain
appropriate site plan approval pursuant to a Level One or Level Two
development application within one (1) year from the effective date of this
Agreement..."
Based on the City's Level II Flexible Development application schedule the latest
Community Development Board Meeting at which site plan approval could have
been granted prior to the expiration of the Agreement (August 31, 2020) was
August 20, 2020. This would have required the submittal of a complete
application on or before the application deadline of noon June 1, 2020.
The applicant provides that they were unable to submit a complete application
by the above noted application deadline date of noon June 1, 2020. It should be
noted that the August CDB meeting was cancelled. It should also be noted that
the applicant does have a complete Flexible Development application
(FLD2020-05012) which was reviewed at the Development Review Committee
meeting of September 3, 2020.
The granting of the one-year time extension request will amend Section 6.1.3.2
as follows:
6.1.3.2 The Developer shall obtain appropriate site plan approval pursuant to a
Level One or Level Two development application within ^near two 2
years from the effective date of this Agreement in accordance with the
provisions of the Code and shall then obtain appropriate permits and certificates
of occupancy in accordance with the provisions of the Code. Nothing herein
shall restrict Developer from seeking an extension of site plan approval or other
development orders pursuant to the Code or state law. In the event that work is
not commenced pursuant to issued permits, or certificates of occupancy are
not timely issued, the City may deny future development approvals and/or
certificates of occupancy for the Project and may terminate this Agreement in
accordance with Section 10.
No changes to the approved conceptual site plan or elevations are proposed.
The approved development agreement provides for the demolition of all
structures on the 1.115-acre site and building a single, six-floor hotel with 74
hotel rooms (66.367 units per acre) and a 57-slip marina facility with 22 slips
available to the public and 35 slips available only to guests of the hotel. The 74
proposed units include 55 units otherwise permitted by the Resort Facilities
High Future Land Use classification, an additional eight units from the Hotel
Density Reserve through Beach by Design and an additional 11 units which the
applicant intends to transfer to the site through a Level Two Transfer of
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Council Work Session Meeting Minutes September 28, 2020
Development Rights application. The building will be 65 feet in height (from
Base Flood Elevation) to roof as otherwise permitted utilizing the Height Bonus
Schedule for the Marina District of Beach by Design for property totaling one
acre or more on both sides of East Shore Drive and the provision of a publicly
accessible Boardwalk. The proposal includes a tropical modern architecture,
which is consistent with and complements the tropical vernacular envisioned in
Beach by Design.
Changes to Development Agreements:
Pursuant to Section 4-606.1., CDC, a Development Agreement may be
amended by mutual consent of the parties, provided the notice and public
hearing requirements of Section 4-206 are followed. The amendment to the
approved agreement is solely to extend the time frame by which time site plan
approval must be obtained by one year to August 31, 2021.
12. Information Technology
12.1Authorize an increase of$600,000 to Purchase Order 900709 to GSA Security, Inc. of
Tampa, FL, for the Purchase, Installation, Maintenance, and Repairs of Security
Cameras; for a revised total amount of$1,000,000 for the three-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)
On October 16, 2019, Council authorized a purchase order to GSA Security
Inc., of Tampa FL in the amount of$400,000 piggybacking off of the City of St.
Petersburg for a three-year term expiring on June 24, 2022.
Work under this multi-year contract is for camera and related
equipment/software installations at locations and facilities across the City;
including the procurement of materials, wiring and camera installation, camera
implementation and activation of Axis IP cameras. Work of this nature 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 750 items and is
composed primarily of exterior facility security cameras.
Future projects anticipated during this contract term include Crest Lake Park,
Main Library Renovation, Imagine Clearwater Waterfront, Cleveland Street
Downtown District, and the Intelligent Policing Project.
APPROPRIATION CODE AND AMOUNT:
Installation of security cameras at other city facilities will be funded from various
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Council Work Session Meeting Minutes September 28, 2020
operating/capital codes as requested.
In response to questions, IT Director Dan Mayer said the Department started
adding cameras 10 years ago. The cameras were predominantly located on
public utility sites. As technology advanced, the cameras were used on
certain properties for surveillance, such as the airpark, parking lots, fire
stations, parks and recreation, and the new transfer station. He said the real
time crime center will add significant number of cameras over the next two
years. Mr. Mayer said Imagine Clearwater will include adding 40 cameras to
monitor. Cameras will be added to Station Square Park, the new Countryside
police substation and Cleveland Street. The cameras can be used for facial
recognition but they are not currently being used for that analytic. He said the
video feed is stored for 90 days, unless it is associated with a case or
incident. Most of the cameras are located on city property, the cameras on
the beach may be located in the right-of-way.
12.2Approve a Purchase Order increase to Crown Castle, Inc., of Clearwater, FL, in the
amount of$58,000 for a total not to exceed amount of$137,000 for remainder of this
term ending September 30, 2022, to accommodate increased internet service provision,
and authorize the appropriate officials to execute same. (consent)
The computer network utilizes Crown Castle as one of 3 internet service
providers (ISP's) on its wide-area-network (WAN) for support of enterprise
operations.
Recent changes in programs (Intelligent Policing, Police Body Cameras, etc.),
the addition of new facilities (Station 48 EOC), and anticipated changes in
technology services (Telephone/VoIP) have increased bandwidth requirements
in support of City operations.
The increased charges will be used to add a secondary connection from Crown
Castle to our WAN architecture with an additional 500Mbps capacity.
The secondary ISP connection will have a monthly recurring charge of$2,200
and a one-time installation charge.
APPROPRIATION CODE AND AMOUNT:
Funds are available in cost code 5559862-530300, Contractual Services, for
this increase.
12.3Authorize a piggyback off of the State of Florida Department of Management Services
Contract DMS-08/09-071, for SUNCOM long distance service, State AIN Centranet lines,
and toll-free lines, in an amount not to exceed $134,220 for the period October 1, 2020
through September 30, 2021, pursuant to Clearwater Code of Ordinances Section 2.564
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Council Work Session Meeting Minutes September 28, 2020
(1)(d) Other Government Entities and authorize the appropriate officials to execute same.
(consent)
The DMS SUNCOM services are telecommunications infrastructure and services
used for all City alarm systems (-180 lines) and every location that is not connected
to the City's main PBX (Private Branch Exchange) system (-250). There are 430
individual phone lines used by the City at a rate of approximately $20/line/month,
which is an approximate 50% discount from commercial service provider by our
local carrier options. Many of these service lines are enhanced with long-distance
service, local exchange connections, "800" services and conference calling
capability.
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.
13. Solid Waste
13.1Authorize the purchase of vehicles (heavy and light duty) and equipment as approved in
the 20/21 Fiscal Year Budget for a not-to-exceed amount of$6,535,100.00, per the
recommended contracts in accordance with Clearwater Code of Ordinances Section
2.564 (1)(d) Other Government Entities; declare surplus effective upon receipt of new
vehicles and equipment and authorize for disposal at auction the vehicles and equipment
being replaced in accordance with Clearwater Code of Ordinances Section 2.622, or
trade-in if in the best interest of the city in accordance with Clearwater Code of
Ordinances Section 2.621, Sale of Surplus Property - Exceptions, and authorize the
appropriate officials to execute same. (consent)
The Fleet Department is requesting a consolidated expenditure authorization
not to exceed $6,535,100.00 for the acquisition of vehicles and equipment. New
purchases are to replace designated units due for replacement in Fiscal Year
(FY) 2021, which have reached the end of their useful and economic life.
Factors used to determine the end of useful life and economic life include but
are not limited to: age, life to date, mileage/hours of operations, historical
maintenance cost as compared to like vehicles, operating cost per mile/hour,
anticipated and ongoing repairs, and physical condition.
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Council Work Session Meeting Minutes September 28, 2020
All contracts recommended for purchase authorization are competitively bid and
awarded by their respective jurisdictions:
• FSA/FAC is a purchasing cooperative in the State of Florida for police
and municipal requirements. Contract# FSA18-VEL26.0 October 1,
2019 - September 30, 2020 and Contract# FSA18-VEH16.0 October 1,
2019 - September 30, 2020. There is an anticipated contract renewals
with effective dates of October 1, 2020- September 30, 2021.
• Sourcewell (formerly NJPA) is a purchasing cooperative operating under
legislative authority in the State of Minnesota. Contract#120716-NAF
January 17, 2017- January 17, 2022.
• The HGAC is a regional purchasing cooperative in Southeastern Texas
comprising over thirteen counties and 100 cities. Contract# GR01-20
January 1,2020 - December 31, 2021 and Contract #VE11-18
November 11, 2018- October 31, 2020.
• State of Florida, Department of Management Services, cooperatively
bids requirements of agencies throughout Florida. Contract#21100000-
15-1 September 01, 2015- December 31, 2020. Contract# 25101600-16
-1 October 1, 2016- September 30, 2021.
The preparation of a new vehicle may include the application of decals,
accessories or upfitting of components. Due to delays in vehicle delivery
and part manufacturing for upfitting, the Fleet Department is requesting
approval to keep G3929 G3930 G4018 G4020 and G4023 for up to an
additional six months after their respective replacements have arrived and
are deemed road ready.
Vehicles and equipment designated for surplus authorization will be
transferred to auctioneer Tampa Machinery Auction for disposition upon
mobilization of the replacement vehicle or traded-in, whichever is deemed to
be in the City's best interest.
APPROPRIATION CODE AND AMOUNT:
Fund Impacted 010 Fund Impacted General Fund $1,824,000.00
419 Stormwater $0.00
421 Public Utilities $334,000.00
423 Gas $237,000.00
424 Solid Waste $2,610,000.00
426 Recycling$112,000.00
432 Marina $0.00
435 Parking $0.00
565 General Services $84,000.00
566 General Services $0.00
General Fund Subtotal $5,201,000.00
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Council Work Session Meeting Minutes September 28, 2020
Penny Funds (315-94238) $101,000.00
Garage Fund Motorized Cash (315-94233) $198,300.00
Parks Cash (010-TBD) $35,700.00
Fire L/P Additional (316-91236)$78,000.00
Parks & Rec L/P Additional (1-1901) $163,100.00
Stormwater L/P Additional (C1908)$758,000.00
Miscellaneous Fund Subtotal$1,334,100.00
Fiscal Year 20/21 Total $6,535,100.00
13.2Approve the purchase of vehicle parts for heavy and light duty vehicles and equipment for
the 20/21 Fiscal Year Budget, in an amount not to exceed $1,500,000.00 in accordance
with Clearwater Code of Ordinances, Sections 2.564 (1)(b) Sole Sources, 2.564 (1)(c)
Small Dollar Purchases, and 2.564 (1)(d) Other Government Entities Bid and authorize
the appropriate officials to execute same. (consent)
The Fleet Division is requesting authorization to purchase vehicle parts
from various vendors for their heavy and light duty vehicles and equipment.
Purchases will be obtained through various methods including piggyback
contracts; sole source and small dollar items.
Additional vendors will be engaged if 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, with the Finance
Procurement Division providing oversight.
APPROPRIATION CODE AND AMOUNT:
Funds are available in the fleet maintenance division code
5666611-550600, Vehicle Parts, for these purchases.
The Council recessed from 11:01 a.m. to 11:11 a.m.
14. Official Records and Legislative Services
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Council Work Session Meeting Minutes September 28, 2020
14.1Approve the reappointments of Kathleen Agnew and John Doran to the Clearwater
Housing Authority Board with terms to expire September 30, 2024.
APPOINTMENT WORKSHEET
BOARD: Clearwater Housing Authority
TERM: 4 years
APPOINTED BY: Mayor, Approved by City Council
FINANCIAL DISCLOSURE: Required
RESIDENCY REQUIREMENT: City of Clearwater, except for the Public
Housing Resident
SPECIAL QUALIFICATIONS: 1 member shall be a Program Recipient -
Clearwater residency not required. 2 members can be Pinellas County
residents who are employed within City limits
Clearwater residency not required.
MEMBERS: 5
CHAIRPERSON: Jeffery Smith
MEETING DATES: 4th Friday, 9:00 a.m. (Every other month)
PLACE: The Vincent Building, 908 Cleveland Street, Clearwater, FL 33755
APPTS. NEEDED: 2
THE FOLLOWING ADVISORY BOARD MEMBERS HAVE TERMS WHICH
EXPIRE AND NOW REQUIRE REAPPOINTMENT FOR A NEW TERM:
1. Kahtleen M. Agnew - 3155 Masters Dr., 33761 - Registered Nurse
Original Appointment: 9/1/16
(currently serving 1 st term to expire 9/30/20)
(0 absences in the last year)
Interest in Reappointment: Yes
2. John Doran - 501 East Bay Dr., Unit 1302, Largo, FL 33770 -Attorney/CPA
Original Appointment: 9/20/12
(currently serving 2nd term to expire 9/30/20)
(0 absences in the last year)
Interest in Reappointment: Yes
Per CHA Bylaws, the appointments are made by the Mayor and approved by
City Council.
ALSO, THE FOLLOWING NAME IS BEING SUBMITTED FOR
CONSIDERATION TO SERVE ON THIS BOARD:
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Council Work Session Meeting Minutes September 28, 2020
1. Richard Foxx - 1129 Charles St., 33755 - Real Estate Broker
Zip codes current members on board:
1 at 33755
2 at 33761
1 at 33767
1 at 33770
There was consensus to reappoint Ms. Agnew and Mr. Doran. Staff was
directed to place the item on the Consent Agenda.
14.2Recommend an appointment to the PIE Noise Abatement Task Force Committee, as the
Clearwater at-large representative.
The Noise Abatement Task Force is comprised of a diverse group of members
representing local communities, the St. Petersburg-Clearwater International
Airport, Federal Aviation Administration -Air Traffic Control, airlines, cargo
carriers, general aviation and the military. The individuals work collectively to
identify ways to minimize aircraft noise exposure to surrounding communities.
The City Council is being asked to recommend an individual who will serve as
the Clearwater at-large representative. The Pinellas County Board of
Commissioners is expected to make the appointment at their October meeting.
Staff has received applications from:
Greg Hembree
Christina Joseph
Sean Schrader
Blaise Sciarra
Andre Sknoieczny
Discussion ensued with support expressed for Mr. Hembree. Further
discussion was deferred to the council meeting.
14.3Approve the 2021 City Council Meeting Schedule
Generally, City Council meetings are at 6:00 p.m. on the first and third Thursday
of each month. The accompanying work sessions are at 9:00 a.m. on the
preceding Monday, unless the Monday is a holiday, in which case the work
session is on Tuesday.
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Per Council Rules, no meetings are held the first Thursday in January and July
and the third Thursday in December.
Please note the following exceptions:
• The January 18 work session has been moved to Tuesday, January 19
at 9:00 a.m. due to Martin Luther King, Jr. Day.
• The February 15 work session has been moved to Tuesday, February
16 at 9:00 a.m. due to President's Day.
• The May 31 work session has been moved to Tuesday, June 1 at 9:00
a.m. due to Memorial Day.
The dates for the Florida League of Cities Annual Conference and Legislative
Conference have not been confirmed. Staff will ask to reschedule council
meetings if there any conflicts once the conferences have been scheduled.
Please note Passover next year takes place Saturday, March 27 through
Saturday, April 3, conflicting with the March 29 work session and the April 1
council meeting. Staff seeks direction if Council wishes to reschedule the
meetings.
There was consensus to cancel the first meeting in April in observance of
Passover.
15. Legal
15.1Confirm COVID-19 Emergency Proclamation and adopt Resolution 20-53.
15.2Adopt Ordinance 9410-20 on second reading, amending the Operating Budget for the
Fiscal Year ending September 30, 2020 to reflect increases and decreases in revenues
and expenditures for the General Fund, Special Development Fund, Special Program
Fund, Water and Sewer Fund, Gas Fund and Airpark Fund.
15.3Adopt Ordinance 9411-20 on second reading, amending the Capital Improvement
Budget for the Fiscal Year ending September 30, 2020 to reflect a net decrease of
$1,421,666.
16. City Manager Verbal Reports
16.1 Discuss request for permanent closure of the 400 and 500 blocks of Cleveland Street.
During the COVID-19 pandemic, the city allowed for restaurants throughout
Clearwater to temporarily expand their operational footprint into the Public
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Council Work Session Meeting Minutes September 28, 2020
Right-of-Way under protocols generated by the Planning and Development
department. Additionally, the City chose to close two blocks of Cleveland
Street, the 400 and 500 blocks, to vehicular traffic to allow businesses to
more effectively expand seating outdoors. These actions were taken
based on the current state of emergency.
The initial closure was seen as a positive by merchants along Cleveland
Street and resulted in the Downtown Clearwater Merchants Association
DCMA generating a petition for the permanent conversion of Cleveland
Street into a Pedestrian Plaza.
A permanent street closure can only be approved by the City Council
through the public meeting process after a full understanding of the impacts
of closure and appropriate amendments to the code. In response to the
DCMA petition, city staff conducted a preliminary review to better
understand the impacts of permanent closure.
Staff has met with the DCMA and both parties agreed that a pilot program
would be the best way to collect information needed to determine the
impacts a permanent closure to all parties involved.
Staff recommends the development of a pilot program to be implemented
outside of the COVID-19 emergency period. The program will require
council consideration after it has been developed.
Discussion ensued with comments made that the street closure has been
helpful during the COVID pandemic and that the Downtown area has come
to life since the street closure. Support was expressed to permanently close
the street. It was suggested that a pilot program be considered since it is not
known how the street closure will impact safety issues associated with police
and fire once the Capitol Theatre opens. A concern was expressed with
availability of handicapped parking.
In response to questions, Assistant City Manager Micah Maxwell said staff
does not consider the actions taken to date on the 400 and 500 blocks to be
the pilot program. Staff wants to see how the Capitol Theatre operations
impact the street closure. He said staff will then be able to determine the cost
estimates after the pilot program. The City Manager said staff is considering
retrofitting the infrastructure at Cleveland Street and Osceola Avenue.
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Council Work Session Meeting Minutes September 28, 2020
Staff was directed to proceed with the pilot program.
17. City Attorney Verbal Reports — None.
18. Council Discussion Item
18.1Advisory Board Application Process - Councilmember Beckman
Councilmember Beckman wanted to discuss how advisory board
applications are received and discuss the true function of the advisory
boards. She understands the boards are to advise the City Council with
public input. She requested consideration to have the boards be more
collaborative with council. She suggested Council could provide them
direction or tasks. She suggested prospective board members be required to
attend a work session to introduce themselves.
Discussion ensued with comments made that Council in the past has
requested guidance from boards but make no promise that the guidance will
be followed. The City Manager said a council discussion is needed, up to this
point, the advisory board process has worked. He said requiring more work
of the boards will require more staff support, which can be concerning. The
City Clerk said staff works with Public Communications to seek prospective
applicants by posting vacancies on the city social media sites. Staff also
provides Council a monthly memo outlining upcoming board vacancies to
assist Council in their recruitment process.
Staff was directed to place the topic to the council philosophy discussion.
18.2Paint Your Heart Out (PYHO)-Councilmember Beckman
Councilmember Beckman invited all to participate in this year's Paint Your
Heart Out on November 14, 2020. Individuals interested should email
phyocpaintmyhouse@gmail.com. She said 300 disadvantaged homeowners
in Clearwater will have benefitted from the event.
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18.3Resolution on the HUD Proposed Rule - Councilmember Beckman
Councilmember Beckman requested consideration to adopt a resolution,
similar to St. Petersburg, ensuring all agencies follow guidelines that protect
transgender individuals. She said the federal government is reviewing the
rule impacting agencies that receive federal funds that disallows the
agencies to discriminate based on an individual's gender identity.
The City Attorney said the comment period closed on September 22, 2020. It
is too late for the City to submit a comment to the rule. Council may make a
statement but resolutions are typically limited in scope. It has not been
common for Council to pass a resolution on national issues; the positions
mostly focused on local issues. There are policies in place since 2012 that
protect transgender individuals. The City Attorney said she will share the rule
statement and summary analysis with council prior to the council meeting.
19. 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
20. Closing Comments by Mayor— None.
21. Adjourn
The meeting adjourned at 12:21 p.m.
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