06/18/2013 CITY COUNCIL WORK SESSION MEETING MINUTES
CITY OF CLEARWATER
June 18, 2013
Present: Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember
Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember
Jay E. Polglaze.
Also Present: William B. Horne II - City Manager, Jill S. Silverboard - Assistant City
Manager, Rod Irwin - Assistant City Manager, Pamela K. Akin - City
Attorney, Rosemarie Call - City Clerk, and Nicole Sprague - Official
Records and Legislative Services Coordinator.
To provide continuity for research, items are in agenda order although not
necessarily discussed in that order.
Mayor George N. Cretekos called the meeting to order at 9:00 a.m. at City Hall.
1. Presentations - Given.
1.1 Service Awards
One service award was presented to a city employee.
The Council recessed from 9:01 a.m. through 10:00 a.m. to meet as the Community
Redevelopment Agency and the Pension Trustees.
2. Office of Management and Budget
2.1 Amend the City's fiscal year 2012/13 Operating and Capital Improvement
Budgets at midyear and pass Ordinances 8432-13 and 8433-13 on first reading.
The fiscal year 2012/13 Operating and Capital Improvement Budgets were
adopted in September 2012 by Ordinances 8356-12 and 8357-12. Section 2.521
of the City's Code of Ordinances requires the City Manager to prepare a quarterly
report detailing income, expenditure estimates, collections, the explanation of
significant variances, as well as the financial status of all capital improvement
projects.
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In response to questions, Budget Director Tina Wilson said the Gulf to Bay
Boulevard/Highland Avenue Project was charged to Penny for Pinellas but did not use
all of the funds.
3. Financial Services
3.1 Authorize the negotiated sale of not to exceed $7,445,000 Gas System Revenue
Refunding Bonds, Series 2013; authorize staff to proceed with the refunding of
the outstanding Gas System Revenue Refunding Bonds, Series 2004 and adopt
Resolution 13-15.
Currently outstanding is $7,270,000 par value of Gas System Revenue Refunding
Bonds, Series 2004, with maturities in years 2014 through 2026 and interest rates
ranging from 3.375% to 4.375% that are callable on September 1, 2013. Current
market conditions present an opportunity to refinance these bonds to achieve a
present value savings of approximately $950,000, or 13.2% of the refunded
amount.
The City's debt management policy states,"As a general rule, the present value
savings of a particular refunding should exceed 5% (of the refunded amount)."
In anticipation of the refunding, the City through its Financial Advisor, Stifel,
Nicolaus and Company, Inc., issued a request for proposals (RFP) soliciting
proposals from qualified investment companies to provide a bank loan source of
funds instead of the more traditional bond transaction for this refunding, which has
resulted in a lower cost (greater savings) opportunity. A traditional bond sales
transaction would have yielded an estimated 7.5% savings, or approximately
$545,000 versus the current estimate of$950,000.The refunding will result in
gross annual debt service savings of approximately $85,000 in years 2014
through 2026.This resolution authorizes the negotiated sale of not to exceed
$7,445,000 par value of Gas System Revenue Refunding Bonds, Series 2013, at
an interest rate of 2.41%, to STI Institutional and Government, Inc (a SunTrust
company), the firm submitting the most favorable response to the RFP.
Annual principal payments on the 2013 refunding bonds are due September 1,
2014 through 2026, the same term as the refunded bonds. The bonds are
callable, without prepayment penalty, five years after the date of issuance.
In response to a question, Senior Vice President Alex Bugallo said banks are currently
offering government loans at lower rates than public bonds.
3.2 Authorize the negotiated sale of not to exceed $11,605,000 Stormwater System
Revenue Refunding Bonds, Series 2013; authorize staff to proceed with the
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advance refunding of the outstanding Stormwater System Revenue Bonds,
Series 2004 and adopt Resolution 13-16.
Currently outstanding is $10,855,000 par value of Stormwater System Revenue
Bonds, Series 2004, with maturities in years 2015 through 2032 and interest rates
ranging from 3.625% to 4.75% that are callable on November 1, 2014. Current
market conditions present an opportunity to advance refund these bonds to
achieve a present value savings of approximately $980,000, or 9.0% of the
refunded amount. The City's debt management policy states, "As a general rule,
the present value savings of a particular refunding should exceed 5% (of the
refunded amount)."
In anticipation of the refunding, the City through its Financial Advisor, Stifel,
Nicolaus and Company, Inc., issued a request for proposals (RFP) soliciting
proposals from qualified investment companies to provide a bank loan source of
funds, instead of the more traditional bond transaction for this refunding, which
has resulted in a lower cost (greater savings) opportunity. A traditional bond sales
transaction would have yielded an estimated 5.0% savings, or approximately
$540,000 versus the current estimate of$980,000.
The refunding will result in gross annual debt service savings of approximately
$100,000 in years 2014 through 2032.This resolution authorizes the negotiated
sale of not to exceed $11,605,000 par value of Stormwater System Revenue
Refunding Bonds, Series 2013, at an interest rate of 2.98%, to STI Institutional
and Government, Inc (a SunTrust company), the firm submitting the most
favorable response to the RFP.
Annual principal payments on the 2013 refunding bonds are due November 1,
2013 through 2032, the same term as the refunded bonds. The bonds are
callable, without prepayment penalty, six years after the date of issuance.
4. Human Resources
4.1 Approve the Administrative Services Only Agreement between the City and
Connecticut General Life Insurance Company for administration services to be
Provided by Cigna in connection with the City's medical insurance for plan year
2013 and authorize the appropriate officials to execute same. (consent)
For plan year 2013, the City transitioned from a minimum premium arrangement
to a partially self-insured arrangement with Cigna Healthcare for funding of the
City's medical insurance. This necessitated the implementation of a new
Agreement between the parties providing for the claim and other administration
services performed by Cigna in support of the City's medical insurance plan.
Following negotiations between the parties, the City and Cigna have reached
mutually agreeable terms contained in this Administrative Services Only
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Agreement for the remainder of the plan year. There has been no lapse in the
service as a result of the negotiations, as the intent letter provided by Cigna
specified that the initial proposed Agreement would govern until a subsequent
agreement is finalized and that this revised Agreement will apply retroactively to
the Effective Date of January 1, 2013. There is no change in the City' cost for
medical insurance related to the approval of this Agreement.
5. Police
5.1 Approve a Memorandum of Understanding (MOU) amending the Prisoner
Transport Interlocal Agreement between the City of Clearwater and the Pinellas
County Sheriff's Office for the period July 1, 2013 through September 30, 2014,
and authorize the appropriate officials to execute same. (consent)
On July 16, 2009, the City Council approved the Police Department's participation
in a countywide project with the Pinellas County Sheriff's Office (PCSO) to
implement a Prisoner Transport System. The program was officially implemented
on October 1, 2009, and has proven to be a huge success, saving police officer
time and transportation costs to and from the jail. The City of Clearwater and the
Pinellas County Sheriff's Office currently have in effect an Interlocal Agreement,
effective through September 30, 2013, whereby the Sheriff agrees to provide
countywide prisoner transportation service, with said terms and costs for the
service detailed therein. The Agreement further provides that each City which is a
part of the Interlocal Agreement will be invoiced on a monthly basis for all services
rendered under the Agreement and said cities including the City of Clearwater, will
have said charges deducted from each city's Justice Assistance Grant (JAG)
funds, if available, until such time as each respective City's funds are expended.
Once the JAG funds are depleted, each City may elect to continue use of the
service and cover the costs itself. Effective July 1, 2013, the Sheriff, as permitted
by Florida law, will begin using a private contractor, G4S, to provide countywide
prisoner transportation service. Through a separate Agreement between the
Sheriff and the contractor, officers of G4S used for this purpose will only be retired
or former law enforcement officers. The Sheriff will continue to invoice Clearwater
on a monthly basis, from July 1, 2013, at the rates contained in the current
Interlocal Agreement for all services rendered under this Agreement. The invoice
cost will continue to be deducted from Clearwater's balance from the Justice
Assistance Grant funds. Once JAG funds are completely expended, there will be
no charge to the City for prisoner transportation services, and the Sheriff will
absorb all costs through September 30, 2014. The Police Department, as of the
last report (March 31, 2013), indicates a balance of$123,567.49 remaining in its
portion of this grant funding.
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In response to questions, Clearwater Police Chief Anthony Holloway said using officers
for transport impacts the Department's efficiency. This process requires shifting officers
from another zone until the officer returns.
6. Solid Waste/General Support Services
6.1 Award a Contract (Purchase Order) for $568,023.00 to Rush Truck Centers of
Tampa, FL for two 2013 Model 320 Peterbilt with Scorpion Automated Side
Loaders with CNG (Compressed Natural Gas), in accordance with Sec.
2.5640)(d), Code of Ordinances - Other Governmental Bid; authorize lease
purchase under the City's Master Lease Purchase Agreement and authorize the
appropriate officials to execute same.
The two Peterbilts will be purchased through the Florida Sheriffs Contract 12-10-
0905, Specification12 and quote dated June 6, 2013.These two trucks will replace
the following four vehicles; G2723 (2002 International with 68,946 miles) which is
included in the 2010/11 Garage replacement list, G2724 (International with 66,406
miles) and G2726 (2002 International with 50,312 miles),which are included in the
2012/13 Garage Replacement list and G2725 (2002 International with 55,672
miles) which is included in the 2011/12 Garage Replacement list. These two
trucks will collect commingled recyclables through the new single stream recycling
collection system and will replace the four International trucks currently collecting
and sorting recyclables at the curb.
6.2 Award a Contract (Purchase Order) to Toter Incorporated of Statesville, NC, for
an amount not to exceed $1,500,000, for the purchase and delivery of 26,000
new 64 gallon and 96 gallon recycling carts, during the period of June 20, 2013
through June 19, 2014, as provided in the Code of Ordinances, Section
2.5640)(d) and authorize the appropriate officials to execute the same.
consent
For the past sixteen months, the Solid Waste Department has been testing an
automated collection system for recycling in five neighborhoods in order to
determine the effects on collection time and tonnage of recyclables collected.
While the automated collection process co-mingles the recyclables, which
reduces the resale value/revenue stream, staff believes that in the long run the
Department can save money using automated collection. The sample data
collected from our automated test indicates that the Department can collect our
resident's recyclables with half the number of vehicles currently used. Further,
with ability for the resident to recycle additional items (cardboard, glass, paper
cartons, and non-bottle 1 - 7 plastics) in larger quantities, the amount of
recyclables collected could increase by 30 - 50% and have the added benefit of
reducing the amount of recyclables (and the associated tipping fees) going to the
landfill.
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This purchase of recycling carts is being processed under the National
Intergovernmental Purchasing Alliance (National IPA) and is based on the
executed contract number 120576-01 between the City of Tucson, AZ and Toter
with the effective dates of January 31, 2013 through January 30, 2018. A third
quarter budget amendment will establish the Capital Improvement Program (CIP)
315-96446 Single Stream Recycling Carts, and fund this project with a transfer of
$1,500,000 from the Unappropriated Retained Earnings of the Recycling Fund.
6.3 Award a Contract (Purchase Order) to Waste Management, Inc. in the amount of
$189,414 for the purchase of thirty-four kiosks, consisting of one solar compactor
and one recycling station, as provided in the Code of Ordinances, Section 2.561,
and authorize the appropriate officials to execute same. (consent)
The City of Clearwater's Solid Waste Department collects waste from curbside
street containers. Because these street containers can rapidly become full and
unsightly, our crews must provide service daily. The two-station kiosks to be
purchased will be placed in the high visibility areas of the downtown corridor and
the beach.
This purchase includes a lifetime license for operating software, the CLEAN
management console for remote monitoring and management, real-time and
historical data reporting and analysis, help desk support, and software upgrades.
The real-time monitoring of the fullness of the containers will provide our
supervisors the ability to schedule collection rather than providing (sometimes
unnecessary) daily collection. The historical data and analysis will enable the
Department to relocate underutilized containers to higher demand areas. This
information can be accessed from any web-enabled computer or device and will
allow for a reduction in service while increasing efficiency.
This two-station kiosk includes a recycling container to provide public space
recycling, which will allow for increased diversion. The litter container compacts its
trash when necessary, to provide approximately a 3 to 1 compaction ratio. The
Purchasing Department advertised a request for bids for the product and services
described above (Bid 16-13) Waste Management, Inc. was the lowest, qualified
bidder.
A third quarter amendment will establish the Capital Improvement Program (CIP)
project 315-96445, Solar Trash and Recycling Kiosks, and fund this project with a
transfer of$189,414 from Solid Waste Unappropriated Retained Earnings.
7. Public Utilities
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7.1 Approve a Blanket Purchase Order to SNF Polvdvne Inc., of Riceboro, GA, in
the amount of$449,322, for Polymer Services for a one-year period, and
authorize the appropriate officials to execute same. (consent)
Polymer is used at the City's three Water Reclamation Facilities (WRF) to thicken
biosolids and reduce the amount of water in the final dewatered cake; thereby,
reducing hauling and disposal costs. Biosolids must be processed daily at all
three facilities to meet permit requirements.
In 2011, the City entered into a Performance Based Contract with Siemens
Industry, Inc. that included the installation of centrifuge dewatering devices to
replace existing, outdated, and inefficient belt filter presses. The centrifuges are
now operational; however, this change in technology requires a re-evaluation of
the type and quantity of polymer used by the new centrifuges.
The Siemens-managed polymer testing has yet to identify a definitive most
appropriate and cost-effective polymer for use with the new centrifuge units. Two
of four solicited polymer manufacturing/supply firms expressed interest in testing
and quoting to Siemens within the new parameters, and they were approved to
conduct jar testing. To date, only one firm has tested and provided resulting
documentation along with a price quote, SNF Polydyne, Inc. (the City's current
polymer supplier). Others have declined for various reasons; most often
referenced was that their manufacturing location would make transportation
inefficient and cost prohibitive, given the relatively small quantities of polymer
required by the City.
Our current contract for polymer supply with SNF Polydyne, Inc. expires on June
307 2013. The price quoted for the new contract period increased one cent per
pound from $1.04 to $1.05. Staff recommends this BPO be awarded to the one
company who was willing to fully test, document, and quote their product.
Sufficient budget is available in the Water and Sewer Utility Fund operating cost
center 0421-01351-551000-535-000-00007 WPC Operations, to fund $113,254 of
the current year cost of this contract increase and is planned in the budget
request to be brought forward for Fiscal Yearl3/14 in the amount of$336,068.
In response to questions, Wastewater Environmental Tech. Manager David Porter said
out-of-area and national firms are having difficulty with the high shipping cost; the city
facility is considered a small operation. The Marshall Street facility obtains wastewater
with minimal industrial waste. The Northeast facility obtains mostly industrial
wastewater.
8. Engineering
8.1 Approve Supplemental Work Order to Engineer-of-Record (EOR) King
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Engineering Associates, Inc., in the amount of$83,720, to provide additional
Construction Engineering and Inspection (CEI) services for the rehabilitation of
Lift Stations 33 and 42; and authorize the appropriate officials to execute same.
consent
January 2011 and July 2011, the City authorized King Engineering Associates,
Inc. to provide design, bidding and limited engineering services during
construction for the rehabilitation of Lift Stations 33 and 42. At the time the project
design was completed, the City consolidated the two projects into a single
construction project.
This Agenda Item is for additional Construction Engineering and Inspection (CEI)
services for the rehabilitation of Lift Stations 33 and 42. The scope of the work
includes general project management, coordination and construction
administration, receive, review, log and process shop drawings, attend progress
meetings, observe and report on the progress and quality of work, review
requests for payment, provide record drawings and project close-out. The fees for
these services are for a total value of Eighty three thousand seven hundred
twenty dollars, ($83,720), for all labor and expenses anticipated to be incurred by
King Engineering and Associates, Inc.
Sufficient Sewer revenue is available in 0315-96686, Pump Station Replacement
to fund this project.
In response to questions, Engineering Manager Rob Fahey said construction will take
approximately three months per lift station. He said the amount of the contract is
normal for this type of work.
8.2 Award a contract to Steve's Excavating and Paving Inc. of Clearwater, Florida,
for the South Gulfview Drainage Improvements Project (11-0019-EM in the
amount of$388,273.75, which is the lowest responsible bid received in
accordance with the plans and specifications and authorize the appropriate
officials to execute same. (consent)
This project will begin at the intersection of South Gulfview and Bayway Boulevard
and discharge at the seawall north of the intersection and into the harbor.
The project will provide a new and larger outfall for the area adjacent to the
intersection of South Gulfview and Bayway Boulevard.
Construction of this project includes the installation of approximately 330 LF of
pipe of various sizes.
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The existing system begins with a 10 inch-diameter pipe and increases to 15
inches where it discharges through the seawall.
The new system will begin with an 18 inch-diameter pipe and increase to 36
inches where it discharges through the seawall.
The Sheppard's Beach Resort is adjacent to this project and provided an
easement and piping that will allow the City to add an additional inlet that will help
reduce street flooding.
Sufficient funding is available as follows: $354,207.25 Stormwater Revenue in
0315-96170, Coastal Basins Project, $16,152.50 Water Revenue in 0315-96739,
Reclaimed Water Distribution System, and Utility Renewal and Replacement
Revenue in amounts of$11,232 in 0327-96634, Sanitary Utility Relocation
Accommodations and $6,682 in 0327-96742, Line Relocation - Capital, for total
funding in the amount of$388,273.75.
Staff was directed to confirm timeframe of project.
8.3 Approve the request from the owner of property addressed at 1835 Winwood
Drive, Clearwater, to vacate a portion of a platted drainage easement; and pass
Ordinance 8430-13 on first reading (VAC2013-03).
A recent survey of property located within the city limits at 1835 Winwood Drive
shows that existing improvements on the property encroach onto a platted
drainage easement by 1.1 feet.
The property owners are also planning to construct new improvements that will
encroach by a similar distance. The property owners have requested that this
portion of the easement be vacated.
The remainder of the easement will remain intact and will provide for adequate
area for the City's Stormwater Division to perform its responsibilities.
8.4 Approve two Subordination of City Utility Interests agreements subordinating City
easements in favor of the State of Florida Department of Transportation; adopt
Resolution 13-17; and authorize appropriate officials to execute same.
The State of Florida Department of Transportation (FDOT) is underway with a
project to resurface a portion of Drew Street, a State Road. In support of the
project, FDOT has acquired easements for the construction and maintenance of
sidewalks. FDOT has requested that the City subordinate two existing City
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easements located within the new FDOT easements. One of the City easements
is for the installation and maintenance of a traffic signal pole on the northwest
corner of Drew Street and Martin Luther King, Jr. Avenue. The other City
easement is for the installation and maintenance of a sidewalk on the southeast
corner of Drew Street and Jefferson Avenue.
The City easements will remain in effect, however the City's rights under these
easements will be subject to FDOT's rights. The City Engineering Department has
no objection to the request.
8.5 Accept two drainage easements conveyed to the City by separate property
owners over portions of property located at 2553 and 2559 Brentwood Drive for
use by the City's Stormwater Division. (consent)
The easements allow the construction of the 30 in.-PVC drainage outfall from
Brentwood Drive.
This segment of pipe is part of the Tropic Hills Phase III Stormwater Outfall
Project, which was awarded by Council on April 18, 2013 to Steve's Excavating
Inc.
The easements are being granted by each property owner at no cost to the City.
9. Planning
9.1 Approve the Post-Disaster Redevelopment Plan (PDRP) and adopt Resolution
13-08.
As a coastal community, the City of Clearwater remains vulnerable to a number of
regularly occurring natural disasters. To decrease vulnerability and increase
resiliency the City is adding another tool to its mitigation and recovery toolbox, the
Post-Disaster Redevelopment Plan (PDRP). The PDRP is a document that guides
City decision making affecting long-term recovery and redevelopment following a
disaster.
This Plan does not address immediate disaster response and emergency
operations, which are already outlined by the City's Comprehensive Emergency
Management Plan (CEMP). During the disaster response and emergency
operations phases, the City will work as a partner with Pinellas County, which will
serve as the lead local entity in coordinating with the Federal Emergency
Management Agency (FEMA). This Plan is intended to address Clearwater's
unique context while avoiding duplication with Pinellas County's PDRP. Some
issues, and subsequent actions that address those issues, are better addressed
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on a countywide scale. For these actions, the City will work as a partner with the
County.
This Plan was created through a coordinated effort among city staff, with
communication with Pinellas County staff. It does not set forth new city policies
but contains next steps that direct City staff to implement previously adopted city
policies and to conduct research that may lead to future policy changes. Any
proposed actions that might result in or require changes in city policy must first
engage Clearwater community members in the decision-making process and then
request approval from the appropriate legislative authority, the City Council.
The PDRP is organized into seven chapters:
Chapter 1 Introduction (Plan pages 1-2): This Chapter sets the stage for the
rest of the Plan by outlining the purpose and objective of the Plan, the authority for
developing the Plan, describing the planning process and how to use the plan,
and lastly by noting plan assumptions and applicability.
Chapter 2 Local Plans Integration and Capacity Assessment (pages 3-18):
This chapter examines existing local documents that guide the four overlapping
phases of the disaster cycle: pre-disaster planning, emergency response, short-
term recovery and long-term recovery and redevelopment. A total of 17
documents are examined, including the City's Comprehensive Plan and the
countywide Local Mitigation Strategy. For each document a description of its
contents, listing of applicable disaster phases, listing of provisions that apply to
disaster planning and its relationship to the PDRP are outlined. An institutional
capacity, or gap analysis, is then conducted outlining the City's capacity for
carrying out long-term recovery and redevelopment in three topic areas: planning
and regulatory capacity, administrative and technical capacity, and fiscal capacity.
The chapter concludes by outlining recommendations for improving capacity.
Chapter 3 Vulnerability Analysis (pages 19-26): This chapter details
vulnerability analyses that were previously conducted in the City's Floodplain
Management Plan, the City's Comprehensive Emergency Management Plan
(CEMP), and the countywide Local Mitigation Strategy (LMS). For each
document's vulnerability analysis a summary, key findings and conclusions are
outlined in the chapter. The chapter concludes by outlining vulnerability analyses
that should be completed by City staff to expand understanding of Clearwater's
vulnerability so future updates to the PDRP can more fully address current gaps in
analysis. If a priority, the analyses can be included in the Long Range Planning
Division's work program.
Chapter 4 Issues (pages 27-52): This chapter discusses a myriad of issues
outlined by Post-Disaster Redevelopment Planning: A Guide for Florida
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Communities, which is a document jointly produced at the State level by the
Florida Department of Community Affairs (now the Department of Economic
Opportunity) and the Florida Division of Emergency Management. The Guide is
divided according to six topic areas: Housing, Infrastructure and Public Facilities,
Environment, Economic Redevelopment, Land Use and Health and Social
Services. Each issue in the Guide is assigned a category: Minimum (suggested to
be undertaken first), Recommended (suggested to be undertaken if resources are
available) and Advanced (suggested once a community has a solid foundation for
hazard mitigation and disaster recovery are best practices). The chapter includes
a brief description of each issue, how the issue is currently being addressed in
Clearwater, and steps forward to ensure the issue is adequately addressed.
These are all summarized in a table at the end of the chapter.
Chapter 5 Plan Goals (pages 53-54): This chapter contains five goals and five
strategies.
Plan Goals:
1. Housing and Structural Repairs: Facilitate permissible reconstruction in a
timely manner while decreasing the vulnerability of structures to future disasters.
2. Infrastructure and Public Facility Recovery: Restore utilities and repair
infrastructure efficiently, while considering mitigation in long-term redevelopment
of infrastructure to ensure that public investments minimize future damage.
3. Environmental Restoration: Protect and enhance natural resources to mitigate
future disasters.
4. Economic Resumption: Assist businesses in adequately preparing for a
disaster and enhance their ability to recover from a disaster.
5. Land Use and Development: Facilitate redevelopment in a timely manner, while
seizing opportunities for mitigation.
Plan Strategies-
1. Streamline Permitting
2. Get Back to Business
3. Decrease Vulnerability
4. Continue Implementation of City of Clearwater Guiding Documents
5. Continue Intergovernmental Coordination
The chapter also describes the Action Plan, which is contained in Appendix C.
The Action Plan implements the goals and strategies outlined above. Some
actions need to take place during the pre-disaster phase, while others apply only
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after a disaster strikes. The Action Plan is not an exhaustive list, but a working
document that can be updated as needed. Completed actions that do not need to
be implemented after every disaster can be taken off the list and included in an
appendix in future updates as a record of accomplishments. Not all five goals
need all five strategies outlined in the chapter to be fully achieved. While some
goals need all the strategies, others may only need three of the five to accomplish
the overall goal.
Chapter 6 Communication Plan (pages 55-62): This chapter examines the
City's current ability to communicate both externally and internally. It then goes on
to outline how the public can be included in implementing the PDRP, both before
and after a disaster.
Chapter 7 Plan Implementation and Maintenance (pages 63-66): This chapter
details how the Action Plan will be implemented and how the entire PDRP will be
maintained.
The PDRP also includes four appendices as described below.
• Appendix A - Coastal Resilience Index (Plan pages 67-68): Contains the
Coastal Resilience Index Report for the City of Clearwater that City staff
participated in on January 28, 2013.
• Appendix B - Resources for Future Vulnerability Analyses (Plan pages 69-
74): This appendix serves as an aid for City staff in the development of
future vulnerability analyses. It is a detailed expansion of the brief listing
that appears in Table 2 (Chapter 3) of the Plan.
• Appendix C - Action Plan (Plan pages 75-84): To achieve the five goals
and strategies outlined in Chapter 5, the Action Plan outlines the
implementation timeline, existing plans and policies, the lead entity,
required collaboration and resources needed to accomplish each action.
The actions are based on the Steps Forward sections of Chapter 4. Some
actions should be achieved during the pre-disaster phase as mitigation
measures that increase resiliency; as these actions are accomplished, they
can be moved from the Action Plan to a record of accomplished actions in
updates to the PDRP. Other actions should be implemented each time the
City of Clearwater declares a state of emergency, as determined
necessary by the Post-Disaster Redevelopment Steering Committee, a
group consisting of City senior management staff. The applicability of an
action varies by the severity of the disaster.
• Appendix D - Accomplished Pre-Disaster Actions (Plan page 85): This
appendix is to serve as a record of PDRP pre-disaster actions from
Appendix C that have been accomplished, as the Plan is implemented and
updated.
Work Session 2013-06-18 13
Planner Catherine Lee provided a PowerPoint presentation.
In response to questions, Assistant City Manager Jill Silverboard said the Emergency
Manager, as prescribed in the citywide emergency preparedness plan, has reached out
to area businesses regarding operations after a storm, specifically gas stations and
grocery stores.
Staff was directed to provide Council with a presentation on the Citywide Emergency
Management Plan at a future meeting.
In response to a concern, Ms. Silverboard said staff was directed to create a post
disaster plan with existing resources. The implementation tasks were prioritized with
existing in-house resources. Expediting the implementation tasks will require staff to
solicit outside resources for additional cost.
Discussion ensued regarding need to expedite implementation tasks. It was stated the
plan is a working document that will evolve as needed. There was consensus that a
work session to reprioritize the tasks was not needed.
The Council recessed from 11:12 a.m. to 11:20 a.m.
9.2 Approve the Annexation, Initial Land Use Plan Designation of Residential Low
(RL) and Initial Zoning Atlas Designation of Low Medium Density Residential
(LMDR) District for 1544 Levern Street (Lot 1, Block E, Bonair Hill Subdivision in
Section 11, Township 29 South, Range 15 East); and pass Ordinances 8415-13,
8416-13 and 8417-13 on first reading. (ANX2013-03004)
This voluntary annexation petition involves a 0.19-acre property consisting of one
parcel of land occupied by a single-family dwelling. It is located on the north side
of Levern Street, approximately 160 feet west of Wood Avenue. The applicant is
requesting this 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 boundaries to the north, south, and west. It is proposed that the
property be assigned a Future Land Use Plan designation of Residential Low (RL)
and a zoning category of Low Medium Density Residential (LMDR).
The Planning and Development Department determined that the proposed
annexation is consistent with the provisions of Community Development Code
Section 4-604.E as follows:
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The property currently receives water service from the City. The closest sanitary
sewer line is located in the adjacent Levern Street right-of-way. The applicant has
not yet paid the City's sewer impact and assessment fees and is aware of the
additional costs to extend City sewer service to this property. Collection of solid
waste will be provided by the City of Clearwater. 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 47 located at 1460 Lakeview Road. 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 objective
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 RL Future Land Use Plan category is consistent with the current
Countywide Plan designation of this property. This designation primarily permits
residential uses at a density of 5 units per acre. The proposed zoning district to be
assigned to the property is the Low Medium Density Residential (LMDR) District.
The use of the subject property is consistent with the uses allowed in the District
and the property exceeds the District's minimum dimensional requirements. The
proposed annexation is therefore consistent with the Countywide Plan and the
City's Comprehensive Plan and Community Development Code; and
The property proposed for annexation is contiguous to existing City boundaries to
the north, south, and west; therefore the annexation is consistent with Florida
Statutes Chapter 171.044.
9.3 Approve the annexation, initial Future Land Use Map designation of Residential
Urban (RU) and initial Zoning Atlas designation of Low Medium Density
Residential (LMDR) District for 1212 Aloha Lane (Lot 3, Block 3, Sunset Knoll in
Section 3, Township 29 South, Range 15 East); and Pass Ordinances 8403-13,
8404-13 and 8405-13 on first reading. (ANX2013-03005)
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This voluntary annexation petition involves a 0.164-acre property consisting of
one parcel of land occupied by a single-family dwelling. It is located on the
north side of Aloha Lane, approximately 125 feet east of Douglas Avenue.
The applicant is requesting annexation in order to receive solid waste service from
the City, and will connect to City sewer when it is available in the future, as part of
the City's Idlewild/The Mall Septic-to-Sewer Project. The property is contiguous to
existing City boundaries to the north. It is proposed that the property be assigned
a Future Land Use Map designation of Residential Urban (RU) 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
Development Code Section 4-604.E as follows:
The property currently receives water service from the City. Collection of solid
waste service will be provided to the property by the City. The applicant will
connect to the City's sanitary sewer service when it is available, and is aware of
the fee that must be paid in order to connect and the financial incentives available.
The property is located within Police District 11 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 objective
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 Urban (RU) Future Land Use Map category is
consistent with the current Countywide Plan designation of this property. This
designation primarily permits residential uses at a density of 7.5 units per acre.
The proposed zoning district to be assigned to the property is the Low Medium
Work Session 2013-06-18 16
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 boundaries to
the north; therefore, the annexation is consistent with Florida Statutes Chapter
171.044.
9.4 Approve the Annexation, Initial Land Use Plan Designation of Residential Low
(RL) and Initial Zoning Atlas Designation of Low Medium Density Residential
(LMDR) District for 1321 Parkwood Street (Lot 3, Block B, Pine Ridge
Subdivision, in Section 10, Township 29 South, Range 15 East) together with the
abutting right-of-way of Parkwood Street; and pass Ordinances 8406-13, 8407-
13 and 8408-13 on first reading. (ANX2013-03006)
This voluntary annexation petition involves a 0.178-acre property consisting of
one parcel of land occupied by a single-family dwelling. It is located on the south
side of Parkwood Street, approximately 400 feet east of Betty Lane. The applicant
is requesting this annexation in order to receive sanitary sewer and solid waste
service from the City. The Planning and Development Department is requesting
that the 0.092-acres of abutting Parkwood Street right-of-way not currently within
the City limits also be annexed. The property is located within an enclave and is
contiguous to existing City boundaries to the north and south. It is proposed that
the property be assigned a Future Land Use Plan designation of Residential Low
(RL) and a zoning category of Low Medium Density Residential (LMDR).
The Planning and Development Department determined that the proposed
annexation is consistent with the provisions of Community 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 Parkwood Street right-of-way. The applicant
has paid the City's sewer impact and assessment fees and is aware of the
additional costs to extend City sewer service to this property. Collection of solid
waste will be provided by the City of Clearwater. 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
Work Session 2013-06-18 17
The proposed annexation is consistent with and promotes the following objective
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 RL Future Land Use Plan category is consistent with the current
Countywide Plan designation of this property. This designation primarily permits
residential uses at a density of 5 units per acre. The proposed zoning district to be
assigned to the property is the Low Medium Density Residential (LMDR) District.
The use of the subject property is consistent with the uses allowed in the District
and the property exceeds the District's minimum dimensional requirements. The
proposed annexation is therefore consistent with the Countywide Plan and the
City's Comprehensive Plan and Community Development Code; and
The property proposed for annexation is contiguous to existing City boundaries to
the north and south; therefore the annexation is consistent with Florida Statutes
Chapter 171.044.
9.5 Approve the annexation, initial Future Land Use Map designation of Residential
Urban (RU) and initial Zoning Atlas designation of Low Medium Density
Residential (LMDR) District for 1270 Palm Street (Lot 11, Knights Acres in
Section 3, Township 29 South, Range 15 East); and Pass Ordinances 8412-13,
8413-13 and 8414-13 on first reading. (ANX2013-04009)
This voluntary annexation petition involves a 0.118-acre property consisting of
one parcel of land occupied by a single-family dwelling. It is located on the north
side of Palm Street, approximately 200 feet west of Betty Lane. The applicant is
requesting annexation in order to receive solid waste service from the City, and
will connect to City sewer when it is available in the future, as part of the City's
Idlewild/The Mall Septic-to-Sewer Project. The property is contiguous to existing
city boundaries to the south. It is proposed that the property be assigned a Future
Land Use Map designation of Residential Urban (RU) and a Zoning Atlas
designation of Low Medium Density Residential (LMDR).
Work Session 2013-06-18 18
The Planning and Development Department determined that the proposed
annexation is consistent with the provisions of Clearwater Community
Development Code Section 4-604.E as follows:
The property currently receives water service from the City. Collection of solid
waste service will be provided to the property by the City. The applicant will
connect to the City's sanitary sewer service when it is available, and is aware of
the fee that must be paid in order to connect and the financial incentives available.
The property is located within Police District 11 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 objective
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 Urban (RU) Future Land Use Map category is
consistent with the current Countywide Plan designation of this property. This
designation primarily permits residential uses at a density of 7.5 units per acre.
The proposed zoning district to be assigned to the property is the Low Medium
Density Residential (LMDR) District. The use of the subject property is consistent
with the uses allowed in the district and the property exceeds the district's
minimum dimensional requirements. The proposed annexation is therefore
consistent with the Countywide Plan and the City's Comprehensive Plan and
Community Development Code; and
The property proposed for annexation is contiguous to existing City boundaries to
the south; therefore, the annexation is consistent with Florida Statutes Chapter
171.044.
9.6 Approve an Amendment to the Development Agreement between Sea Captain,
Work Session 2013-06-18 19
a Florida General Partnership (the property owner), and the City of Clearwater,
providing for the allocation of 53 units from the Hotel Density Reserve
established in Beach by Design; adopt Resolution 13-06, and authorize the
appropriate officials to execute same. (DVA2010-08001A)
On January 13, 2011, City Council approved a development agreement with the
Sea Captain, a Florida General Partnership, for a property located at 40 Devon
Drive. This agreement allocated 53 units from the Hotel Density Reserve on
Clearwater Beach for the construction of a new hotel on this site. The site plan
approved in conjunction with this agreement (FLD2010-08004) was attached to
the development agreement as Exhibit A. The development order authorizing that
site plan expired on December 21, 2012. The proposed amendment to the
development agreement replaces the expired Exhibit A with a newly approved site
plan (FLD2013-02007). There are no changes between the newly approved site
plan and the one originally associated with the development agreement.
The total 0.829-acre parcel is located on the north side of Devon Drive,
approximately 150 feet east of Coronado Drive. The majority of the subject
property (0.659 acre) is zoned Tourist (T) District, but the eastern portion (0.17
acre) of the subject property north of the adjacent detached dwelling at 94 Devon
Drive is zoned Low Medium Density Residential (LMDR) District and is not part of
Beach by Design.
The subject property is currently developed with a 27-room motel. However, it is
proposed to be redeveloped under FLD2013-02007 with an overnight
accommodation use of a total of 85 rooms (128.98 rooms/acre on the acreage
zoned Tourist (T) District, including the allocation of 53 units from the Hotel
Density Reserve), approximately 7,986 square feet of accessory uses to the hotel
and a height of 75.25 feet (to top of roof deck). On May 21, 2013, the Community
Development Board (CDB) approved with 17 conditions of approval FLD2013-
02007 for the construction of the 85-room hotel with associated amenities.
The proposed hotel and its accessory uses are located solely within the area
zoned Tourist (T) District (only the retention area is located with the area zoned
Low Medium Density Residential [LMDR] District) and the calculations for density
and impervious surface ratio are based upon only the land area zoned Tourist (T)
District.
The proposal is in compliance with the standards for development agreements, is
consistent with the Comprehensive Plan and furthers the vision of beach
redevelopment set forth in Beach by Design. The proposed Development
Agreement will be in effect for a period not to exceed ten years, meets the criteria
for the allocation of units from the Hotel Density Reserve under Beach by Design
and includes the following main provisions:
Work Session 2013-06-18 20
• Provides for the allocation of 53 units from the Hotel Density Reserve;
• Requires the developer to obtain building permits and certificates of
occupancy in accordance with Community Development Code (CDC)
Section 4-407;
• Requires the return of any hotel unit obtained from the Hotel Density
Reserve that is not constructed;
• For units allocated from the Hotel Density Reserve, prohibits the
conversion of any hotel unit to a residential use and requires the recording
of a covenant restricting use of such hotel units to overnight
accommodation usage; and
• Requires a legally enforceable mandatory evacuation/closure covenant that
the hotel will be closed as soon as practicable after a hurricane watch that
includes Clearwater Beach is posted by the National Hurricane Center.
The Community Development Board reviewed this Development Agreement
application at its public hearing on May 21, 2013, and unanimously recommended
approval of the application (DVA2010-08001A).
In response to a suggestion, the City Attorney said the 10-year time period does not
affect the time in which the applicant has to develop the project. The time to develop the
project is controlled by the site plan, which is two years. The applicant will have to pull a
building permit within that timeframe. The development agreement has a 10-year
timeframe. Ten years is the standard timeframe for development agreements.
In response to questions, Planning and Development Director Michael Delk said the
applicant may seek a 1-year extension if unable to pull a building permit within the 2-
year timeframe. The permit is valid for six months. The City Attorney said the Patel
development agreement included language regarding the commencement of
construction. Planner Matthew Jackson said the applicant did not request an extension
prior to the site plan's expiration.
9.7 Approve a Development Agreement between Clearwater Grande Development,
LLC (the property owner) and the City of Clearwater, providing for the allocation
of 80 overnight accommodation units from the Hotel Density Reserve under
Beach by Design; adopt Resolution 13-05, and authorize the appropriate officials
to execute same. (DVA2013-03001)
The 1.437 acre-subject property is located on the south side of South Gulfview
Boulevard, approximately 894 feet west of Gulf Boulevard. The subject property
is currently developed with a 91-room hotel (Quality Inn) and its associated
Work Session 2013-06-18 21
parking lot. The existing building is located on the east side of the site and
oriented north/south. The property is located within the Tourist (T) District and the
Resort Facilities High (RFH) Future Land Use Plan category. The subject property
is located in the Clearwater Pass character district of Beach by Design.
The development proposal would retain the Quality Inn while redeveloping the
existing parking area with a new 14-story, 90-room Hampton Inn and Suites.
On March 22, 2005, the Community Development Board approved Case
FLD2004-12088 for the Termination of Status of Nonconformity for density to
retain the existing 91 overnight accommodation units on the subject property.
On May 21, 2013, the Community Development Board approved with 19
conditions a Flexible Development application to permit a 171-room overnight
accommodation use (FLD2013-03011). As a part of this application, the owners
are proposing to utilize the existing 91-rooms obtained through the Termination of
Status of Nonconformity for density while requesting an additional 80 hotel rooms
from the Hotel Density Reserve through Beach by Design, resulting in a total of
171 hotel rooms on the property. The proposal will reduce the number of rooms in
the Quality Inn from 91 to 81 rooms by converting 16 standard rooms into eight
suites, and two standard rooms into storage space. These ten reduced rooms will
then be added to the overall number of hotel rooms for the proposed Hampton Inn
and Suites (90 rooms).
The Development Agreement proposes to allow 171 overnight accommodation
units with a density of 118.99 rooms per acre on net lot acreage, which includes
the allocation of 80 units from the Hotel Density Reserve on a lot of 62,620 square
feet of lot area which is below the maximum density of 150 units per acre as set
forth in Beach by Design special area plan. A total of 206 off-street parking
spaces will be provided for the use of both hotels. The number of parking spaces
complies with the development standard of 1.2 spaces per unit as set forth in the
Community Development Code.
The development proposal will not degrade the Level of Service (LOS D or better)
on surrounding transportation facilities nor adversely affect the nearby signalized
intersection, which is consistent with Metropolitan Planning Organizations
concurrency management for transportation facilities.
The proposal is in compliance with the standards for development agreements, is
consistent with the Comprehensive Plan and furthers the vision of beach
redevelopment set forth in Beach by Design. The proposed Development
Agreement will be in effect for a period not to exceed ten years, meets the criteria
for the allocation of units from the Hotel Density Reserve under Beach by Design
and includes the following main provisions:
Work Session 2013-06-18 22
• Provides for the allocation of 80 units from the Hotel Density Reserve;
• Requires the return of any hotel unit obtained from the Hotel Density
Reserve that is not constructed;
• For units allocated from the Hotel Density Reserve, prohibits the
conversion of any hotel unit to a residential use and requires the recording
of a covenant restricting use of such hotel units to overnight
accommodation usage; and
• Requires a legally enforceable mandatory evacuation/closure covenant that
the hotel will be closed as soon as practicable after a hurricane watch that
includes Clearwater Beach is posted by the National Hurricane Center.
The Community Development Board reviewed this Development Agreement at its
public hearing on May 21, 2013, and recommended approval.
In response to questions, Planner Kevin Nuremberger said the proposed project
includes an outdoor terrace on the sixth level that will include a bar and music.
It was suggested the development agreement should include language limiting amplified
outdoor noise after 11:00 p.m., Sunday through Thursday, and midnight, Friday through
Saturday.
9.8 Approve a Future Land Use Map Amendment from the Residential/Office Limited
(R/OL) classification to the Institutional (1) classification and a Zoning Atlas
Amendment from the Office (0) District to the Institutional (1) District for property
located at 150 South McMullen Booth Road (consisting of a portion of the
Northwest of Section 16, Township 29 South, Range 16 East); and pass
Ordinances 8400-13 and 8401-13 on first reading. (LUP2013-02001 and
REZ2013-02001)
This future land use map amendment and rezoning application involves a 3.61-
acre parcel located on the west side of South McMullen Booth Road,
approximately 100 feet south of Cherry Lane. The request is to change the
property's Future Land Use Map designation of Residential/Office Limited (R/OL)
to Institutional (1) and the zoning district from Office (0) to Institutional (1).
The parcel contains two buildings that currently contain publishing, office and
educational facilities uses. The main building, which was constructed in 1986 and
approximately 18,184 square feet, is used by Rue Educational Publishing as a
mix of offices, classrooms and publishing space. The second building, which was
added in 2010, is an approximately 1,440 square foot modular building used by
Rue Educational as classroom space. In December 2012, the parcel was
purchased by Calvary Baptist Church, which is located on the southwest corner of
Work Session 2013-06-18 23
Drew Street and McMullen Booth Road. The church has been purchasing parcels
adjacent to and in the vicinity of the subject property over the last several years in
order to accommodate growth of the church, associated school campus and
athletic facilities. Abutting properties to the north and west are owned by Calvary
Baptist; the recently completed baseball field to the west included landscape
improvements to the east side of the subject property. The existing publishing,
office and educational facilities uses will continue to operate until June 30, 2013.
Calvary Baptist Church plans to use the property as a center for its youth
ministries with minimal changes to the site and buildings, except for interior
renovations that may include removing some current walls to allow for a worship
area. A development application has not been submitted at this time; however, the
applicant has engaged a local architecture firm and understands all necessary
permits must be obtained.
The Planning and Development Department has determined that the proposed
future land use map amendment and zoning atlas amendment is consistent with
the Community Development Code as specified below:
The proposed amendments are consistent with the Comprehensive Plan, the
Countywide Plan Rules, and the Community Development Code.
The proposed amendments are compatible with the surrounding property and
character of the neighborhood.
Sufficient public facilities are available to serve the property.
The proposed amendments will not have an adverse impact on the natural
environment.
The proposed amendments will not have an adverse impact on the use of
property in the immediate area.
The available uses in the Institutional (1) District are compatible with the
surrounding area.
In accordance with the Countywide Plan Rules, the land use plan amendment is
subject to the approval of the Pinellas Planning Council and the Board of County
Commissioners acting as the Countywide Planning Authority. The application is a
small-scale amendment so review and approval by the Florida Department of
Economic Opportunity (Division of Community Planning) is not required.
Work Session 2013-06-18 24
The Community Development Board will review these applications at its public
hearing on June 18, 2013 and its recommendation will be presented by staff at the
City Council meeting on June 19, 2013.
9.9 Approve amendments to the Community Development Code providing for a
revised definition for family and a new definition for housekeeping unit,
consistent with the terms of the conciliation/voluntary compliance agreement
entered into by and between the United States Department of Housing and
Urban Development and the City of Clearwater and pass Ordinance 8398-13 on
first reading. (TA2013-03001)
On October 5, 2012, a complaint was filed against the City of Clearwater with the
United States Department of Housing and Urban Development (HUD) alleging
discrimination based on disability. In January 2013, the City and HUD (on behalf
of the complainant) entered into a Conciliation Agreement, which is a voluntary
and full settlement of the disputed complaint. Under the terms of this agreement,
the City agreed to amend and/or add definitions for family and housekeeping unit
within 180 days of the effective date of the agreement.
Ordinance 8398-13 includes amendments to Section 8-102, Definitions, of the
Community Development Code, consistent with the terms of the Conciliation
Agreement. Modifications are included to the existing definition of family to
provide further clarity, and a new definition for housekeeping unit is proposed. The
new definition for housekeeping unit includes six situations that would exclude a
group from being classified as a housekeeping unit, such as presence of interior
doors with padlocks or keyed doorknobs limiting tenants' access, or if members
have separate leases or subleases and make separate payments to the landlord,
if the group significantly reforms over the course of 12 months or during the lease
term, or if members do not engage in group living activities such as shopping,
cooking and eating. Any of these situations would create a presumption that the
group is not a bona fide housekeeping unit.
The Community Development Board (CDB) reviewed the proposed text
amendment at its meeting of May 21, 2013 and unanimously recommended
approval of the amendment.
10. Official Records and Legislative Services
10.1 Nominate a councilmember to the WorkNet Pinellas Board for a two-year term,
July 1, 2013 to June 30, 2015.
At the March 1, 2012 council meeting, Councilmember Jay Polglaze was
appointed to fill the remainder of an unexpired term through June 30, 2013.
Work Session 2013-06-18 25
The nomination is presented to the Pinellas County Board of County
Commissioners for appointment.
The City Clerk requested the item be pulled as the City no longer has a designated
voting representative due to recent changes in membership composition.
Councilmember Jay Polglaze said Governor Scott reduced the number of
representatives to the board. The City of St. Petersburg no longer has a voting
member.
Item pulled.
11. Legal
11.1 Adopt Ordinance 8418-13 on second reading, calling for a special election to
submit to the city electors a proposed amendment to the City Charter to allow
the City to enter into a lease with the Clearwater Marine Aquarium for the current
City Hall Property and stating the question to appear on the ballot.
11.2 Adopt Ordinance 8431-13 on second reading, amending the powers and duties
of the Municipal Code Enforcement Board to include the power to hear as a local
hearing officer violations of the Clearwater Code of Ordinances and Florida
Statutes, as applicable.
11.3 Approve Clearwater Marine Aquarium's (CMA) request to subordinate the City's
reverter interest in a portion of the CMA property to a $10 million term loan and
modify the existing reverter provision to reflect same, and authorize appropriate
officials to execute same.
The Clearwater Marine Aquarium (CMA) submitted a letter to the city manager
requesting Council approval of a subordination agreement in favor of BB&T as
mortgage lender to CMA. The letter and exhibits are attached.
In 2010, CMA requested modification to the city reverter on a portion of the CMA
property on Island Estates. The city agreed to subordinate its reverter interest to
up to $8.6 million dollar loan. The current outstanding balance on that loan is
$4,606,455 with an amount remaining to be drawn of$232,724. In return for the
City's subordination, BB&T will provide the City with the right of first refusal to
acquire its first mortgage position and/or title, if applicable, to Parcels 1, 2 and 3,
should the City elect to exercise its reverter rights by paying off the existing
indebtedness in the event of the Aquarium's default or demise.
Work Session 2013-06-18 26
The subordination agreement included provisions preventing additional loans
secured by these parcels and included prohibitions on the replenishment of the
debt as the outstanding balance was paid down, absent City approval. That
provision is not included in the current proposed agreement.
The City will have no obligation to purchase the mortgage, nor is the City
guaranteeing any debt.
Should the Aquarium fail and/or default on the outstanding indebtedness, and
BB&T pursues its mortgage rights, the City would have the option to either obtain
control of the entire CMA campus (all Parcels) in return for payment of the then
existing debt balance, or waive this option, with BB&T then able to proceed with
foreclosure on the Parcels.
In response to a question, the City Attorney said the City does not have any financial
obligations. If there was a default on the mortgage, the City will have an opportunity to
pay off the mortgage and acquire the property; otherwise it will go through the
foreclosure process.
12. City Manager Verbal Reports
12.1 Provide direction to City Manager and Staff regarding specific events for the
City's Centennial Celebration in 2015
Staff met individually with council members regarding events to commemorate
the City's centennial in 2015.Staff is now requesting the council indicate which
events they would like to pursue.
Discussion deferred to Wednesday, June 19.
13. Council Discussion Items
13.1 Coastie Replacement - Councilmember Hock-DiPolito
Discussion deferred to July 15, 2013.
14. Closing Comments by Mayor
15. Adjourn
The meeting adjourned at 12:02 p.m.
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