11/04/2013 CITY COUNCIL WORK SESSION MEETING MINUTES
CITY OF CLEARWATER
November
Present: Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember
Bill Jonson, Councilmember Jay 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, Nicole Sprague - Official Records
and Legislative Services
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 1:00 p.m. at City Hall.
It was noted that Councilmember Doreen Hock-DiPolito was not in attendance; she was
attending the Advisory Committee for Pinellas transportation meeting.
1. Office of Management and Budget
1.1 Approve a senior exemption for long-term resident, low-income seniors under
the criteria of Amendment 11 approved by the voters in November 2012 and
pass Ordinance 8522-13 on first reading.
In addition to the homestead exemption for residential homeowners, the City of
Clearwater currently provides an additional $25,000 senior exemption for
qualifying senior residential homeowners. From the 2012 tax roll, the value of
property receiving this exemption is $32,056,116 and the budget impact of lost
revenue from this exemption is approximately $165,000.Amendment 11, which
was approved by the voters in November 2012, gives the City the option to adopt
a senior exemption for long-term resident, low-income seniors. The new
exemption exempts 100% of the assessed value of a senior's homesteaded
property if the just value is less than $250,000; the owner is 65; the property has
been the owner's permanent residence for at least 25 years; and the owner's
household income is less than the limit established for the current low-income
senior exemption (currently $27,590).This additional senior exemption of
$250,000 must be authorized by a super majority (a majority plus one) vote of the
City Council.
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The deadline to establish the Amendment 11 senior exemption is December 1,
2013 for 2014.
In response to questions, Budget Director Tina Wilson said the low household income
level for the senior exemption is currently $27,590. An individual must annually request
the exemption at the Tax Collector's office. The City Attorney said the exemption is
$25,000 but could go as high as $50,000; the City chose not to go higher. The
proposed ordinance includes an inflation provision. The exemption absolves all taxes
for ad valorem.
2. Economic Development and Housing
2.1 Establish enactment authority for economic development ad valorem tax
exemption of real and tangible personal property taxes for certain new
businesses and expansions of certain existing businesses in accordance with
Florida Statute 196.1995 and pass Ordinance 8436-13 on first reading.
This Ordinance provides authority to the City of Clearwater to provide real and
personal tangible property tax exemptions for qualifying new businesses
relocating to the City and to existing businesses seeking to expand. In order to
foster economic growth and increase employment, the ordinance includes
qualifying criteria and economic development guidelines to be used in the
evaluation of completed applications.
On November 6, 2012, in accordance with F.S. 196.1995, the City of Clearwater
put forth to voters the following ballot question: "Shall the City Council of the City
of Clearwater be authorized to grant, pursuant to s.3 Art. VII of the State
Constitution, ad valorem tax exemptions to new businesses and expansions of
existing businesses that are expected to create new, full-time jobs in the City of
Clearwater." Voters approved the referendum with 56.4% of the vote.
Program Goals
The Economic Development Ad Valorem Tax Exemption Program is intended to
attract new private investment and to encourage capital investment and job
growth in the City of Clearwater. The program is a tool for the City to regain a
competitive edge in business attraction and expansion not only in the Tampa Bay
region, but also in the State of Florida and beyond.
Qualifying Criteria.
In accordance with the voter-approved referendum, the Economic Development
Ad Valorem Tax Exemption Program includes the following criteria for staff
evaluation and Council consideration:
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1. 75% annual maximum ad valorem exemption
2. 10-year maximum exemption period
3. $100,000 minimum capital investment (excludes land)
4. Job creation requirement, as required by state law:
a. Manufacturing (10 jobs)
b. Qualified Target Industries (10 jobs)
C. Business with Sales (25 jobs)
i. A business or organization, the sales factor of which is less
than 0.50for each year the exemption is claimed.
d. Office not in target industries (50 jobs)
5. Average wage requirement:
a. The average wage for new jobs created in the City of Clearwater
must be greater than the average wage for Pinellas County as published by
Enterprise Florida, Inc., in the year in which the applicant files the completed
application.
Approval Process
Each qualifying application for tax exemption must be approved by City Council
via ordinance. The process by which the application is accepted, evaluated and
approved includes-
1. Staff review
2. Pinellas County Property Appraiser's report
3. Recommendation of exemption by staff
4. Business Maintenance and Continued Performance Agreement executed by
Applicant
5. Agreement and Ordinance sent to Council for consideration (2 readings)
6. Council may approve as presented, deny, approve with amended
conditions. Should the Ordinance and Agreement be amended, a new
Agreement incorporating the approval changes is sent to the applicant for
signature.
Limitations
The exemption applies only to improvements to real property and to tangible
personal property. Therefore, current tax revenues are never impacted and
exemption for property taxes on land is prohibited by F.S. 196.1995. All
businesses approved for Economic Development Ad Valorem Tax Exemption
must execute a Business Maintenance and Continued Performance Agreement.
A provision of the agreement includes submittal of Annual Report. Council may
revoke the exemption if the applicant fails to meet Agreement expectations
and/or program requirements. Documents At second reading of this ordinance,
staff will bring forward Resolution 13-32 adopting substantially in form the
following-
1. Economic Development Ad Valorem Tax Exemption Application (Exhibit A)
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2. DR-418 Economic Development Ad Valorem Property Tax Exemption
(Exhibit A Attachment)
3. Business Maintenance and Continued Performance Agreement (Exhibit B)
4. Economic Development Ad Valorem Tax Exemption Annual Report (Exhibit C)
In response to questions, Economic Development and Housing Assistant Director
Denise Sanderson said the ordinance will sunset on November 6, 2023; the City may
accept applications through the sunset date.
3. Gas System
3.1 Approve an increase to Purchase Order 508627 with Florida Gas Contractors,
Inc, in the amount of$550,000, for the installation of natural gas mains and
service lines, and authorize the appropriate officials to execute same. (consent)
Florida Gas Contractors, Inc. (FGC) located in Dade City, FL is Clearwater Gas
System's (CGS) primary contractor for the installation of Gas Mains and Service
Lines to meet residential, commercial and industrial customer requirements in
support of gas sales and operations. FGC has performed satisfactory work since
the purchase order was renewed on February 1, 2013 and is scheduled to expire
on January 31, 2014. The purpose for the increase is due to a large increase in
gas main/service line extensions to serve new residential and commercial
customers. The original purchase order (PO) amount was for $939,050. A 10%
increase to the PO, in the amount of$93,905, was approved by the City Manger
in October; therefore, both increases will amend the PO total to $1,582,955.
Funds are available in Code 315-96378 Pasco New Mains and Service Lines and
Code 315-96377 Pinellas New Mains and Service Lines, in the Clearwater Gas
System budget to support these requirements.
4. Human Resources
4.1 Authorize the renewal of contracts with Assurant and Humana for voluntary
employee and retiree dental insurance, from January 1, 2014 through December
31, 2014, and authorize the appropriate officials to execute same. (consent)
The contracts with each of the City's two current dental insurance providers,
Assurant and Humana, expire on December 31, 2013. Both Assurant and
Humana have presented renewal offers for a one-year contract with no changes
to the schedule of benefits and no increase in premiums for any of the four dental
plan options currently in effect. The City's Benefits Committee has recommended
retaining Assurant and Humana as the City's dental providers under the proposed
one-year arrangement, and City staff concurs with the recommendation. There is
Work Session 2013-11-04 4
no cost to the City associated with this request as the premiums are paid entirely
by enrolled employees and retirees through payroll deduction for this voluntary
benefit.
5. Marine and Aviation
5.1 Support Shephard's Beach Resort and Quality Beach Resort to start the permit
process to restore and stabilize the beaches behind their properties.
Olsen Associates Coastal Engineering will present the plans for shorefront
improvements along the beaches behind Shephard's Beach Resort and Quality
Beach Resort in Clearwater Pass.
The purpose of the projects is to increase the stability of the existing sand beach
and re-establish a stable sand beach along the inlet's shorefront.
There is no cost to the City and requires no city assistance other than City Council
support so projects can proceed through the state and federal permit process.
The Marine Advisory Board and Planning and Engineering departments have
been made aware of the projects.
Olsen Engineering representative Dr. Kevin Bodge provided a PowerPoint presentation
describing the beach conditions at Shephard's and reviewed the proposed projects.
There is no beach at low tide. The access boats have today will remain the same after
the projects are implemented.
In response to questions, Dr. Bodge said Shephard's and Quality Inn Beach Resort are
sponsoring the project for their respective property. The property owner of the Gulfview
Hotel supports the projects. Dr. Bodge said permits will be required by the Army Corps
of Engineer, Department of Environmental Protection, and Pinellas County. Anyone
may provide comments through each application review process.
Shephard's representative Paul Andrews said the access corridor is being built; 20 ft.
between side of property and the Econo Lodge property. In the past, Shephard's used
the Quality Inn's access to renourish the beach.
In response to questions, Dr. Bodge said the rock berms do not go very deep from the
existing sand; some of the existing sand is excavated in order to seat the rocks. The
rocks will weigh approximately 2.5 tons. The rocks may move during a big storm and
may need some maintenance work. Sand renourishment is suggested every four to six
years. No dredging will be required for the projects. The projects will utilize structures
that will hold sand on the beach, which currently drifts to the east. The projects will not
cause more shoaling on the east side of the Causeway; it may decrease it.
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Mr. Morris said posting no swimming signs has not been discussed. There are bilingual
signs north of the Sailing Center. There is a 50 ft. easement along the seawall under
water.
Dr. Bodge said the lengthiest permit review will be with the Corps, approximately
fourteen months.
6. Parks and Recreation
6.1 Approve a proposal by Construction Manager at Risk, Keystone Excavators,
Inc., of Oldsmar, Florida in the amount of$250,000 for the construction of an 8-
foot wide crushed shell trail and parking facilities at Lake Chautauqua Equestrian
and Nature Preserve and authorize the appropriate officials to execute same.
consent
On February 17, 2011, the Council approved a grant agreement between the City
of Clearwater and the Florida Department of Environmental Protection Office of
Greenways and Trails (OGT) for a Recreational Trails Program (RTP) grant in the
amount of$200,000 for the construction of the Lake Chautauqua Equestrian and
Nature Preserve Trail. This contract will provide for the construction of an 8-foot
wide crushed shell trail for a length of approximately 7,760 linear feet winding
through a portion of the 60 plus acre-park known as Lake Chautauqua Park as
well as a necessary parking facility for vehicles with horse trailers. Other site
work including stormwater improvements and installation of water to the site will
be handled under this contract as well. The trail will be constructed in a manner
to accommodate riders on horses as well as pedestrians wanting to take a nature
walk in the park; unlighted and open from sunrise to sunset. The construction
duration for the project is 90 days, commencing in November 2013.The City will
provide the shell as well as providing other park amenities i.e. water fountain,
water troughs, shade shelter, picnic tables, park benches, signage, etc. On June
67 2013, the Council approved Construction Manager at Risk Services (CMR) for
continuing contracts with several construction contractors including Keystone
Excavators, Inc. Keystone Excavators was selected under the RFQ process
based on qualifications, experience on similar projects, staff experience and
availability, and knowledge of city standards. Keystone has been the selected low
bidder on many past city projects of similar scope and the City was pleased with
their performance. Future maintenance of the trail will be provided through the
adopt-a-park program volunteers and existing park maintenance staff. There will
be neither additional staff requirements nor additional operating impacts for this
project.
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Sufficient funds are available in Capital Improvement Program project 315-93272,
Recreation Trails for this contract.
6.2 Approve a Memorandum of Understanding (MOU) between the City of
Clearwater and the Tampa Bay Veterans Alliance (TBVA) for the purpose of
formalizing the intent of the parties responsibilities and obligations regarding the
funding, fundraising, design, site selection, construction, installation and
maintenance of a proposed Veterans War Memorial and authorize the
appropriate officials to execute same. (consent)
TBVA has presented the City of Clearwater with the prospect of creating a
Veterans War Memorial at Crest Lake Park. The proposed project consists of a
memorial plaza constructed of pavers or concrete with half-walls, of approved
height and length, to feature veteran and donor recognition plaques with further
landscape and hardscape features as permitted.
Future phases may follow, as agreed to by the City and the TBVA, including the
addition of memorial sculptures and plaques recognizing the service of veterans
from World War I through present. It is the general intent that TBVA will take on
the responsibility for all aspects of fund-raising for its monetary contribution to the
Project. Once the project funds are in place, the City will undertake permitting,
construction and maintenance of the project. TBVA estimates the total cost of
Phasel to be $300,000.00. TBVA shall initiate, coordinate, and oversee a
campaign to raise all funds required for their portion of the Phase 1 Project, which
is $150,000.00. It is estimated that it will take eighteen to twenty-four months to
raise TBVA's portion of the Project funding.
Once TBVA has collected the $150,000.00, and remitted it to the City, to hold in
escrow for the planning, permitting, and construction of the Project, the City will
consider formalizing the MOU with an agreement committing the City to provide
matching funds in the amount of$150,000.00. The MOU will terminate in its
entirety should TBVA fail to raise the $150,000.00 required for their portion of the
Project by January 1, 2016. Should TBVA fail to raise the required funding, the
City shall not have any monetary responsibility or obligation for any aspect of the
Project, including but not limited to, any ongoing subsidy.
TBVA has presented the Project to, and obtained support from, the Skycrest
Neighborhood Association, the Clearwater Arts Alliance, and the Clearwater
Public Art and Design Board.
Staff was directed to provide information on the estimated cost for ongoing
maintenance, renderings for the donor recognition plaques and the veterans recognition
plaques.
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The City Attorney said $150,000 is the City's maximum contribution and language can
be changed to say not to exceed $150,000.
7. Police
7.1 Approve an agreement between the City of Clearwater and the School Board of
Pinellas County, Florida providing for the continuation of the School Resource
Officer program at Clearwater High School, Countryside High School and Oak
Grove Middle School for a one-year period commencing July 1, 2013 through
June 30, 2014 and authorize the appropriate officials to execute same. (consent)
Under the terms of the one-year agreement between the School Board of Pinellas
County and the City of Clearwater, the City will provide law enforcement and
related services to Clearwater High School, Countryside High School and Oak
Grove Middle School during the regular school year. The assigned officers (1
per school) will provide instruction in law education, will serve as resource
persons, conduct investigations, provide security and maintain the peace, make
arrests and provide support services as necessary.
The annual cost of salaries and benefits of three officers over the one-year period
will be $310,064.21. Total annual reimbursement from the School Board will be
$51,462.07 for each officer, for a total reimbursement of$154,386.21, reflecting a
5% increase in reimbursement to the City for SRO services during the 2013/2014
contract period.
A first quarter budget amendment will transfer the difference of$155,678 from the
Special Law Enforcement Trust Fund (SLEF), special project 181-99331 to
special project 181-99264, School Resource Officers.
Sufficient funding will be available in special project 181-99264, School Resource
Officers, for total funding of$310,064.21. The cost incurred by the Police
Department is offset by the benefit of the program to the community and the
Police Department. The Police Department has maintained a good working
relationship with the School Board. School Resource Officers have been assigned
to Clearwater High School since January 1, 1985 and Countryside High School
since January 1, 1986 and Oak Grove Middle School since August 27, 2007.
8. Public Utilities
8.1 Award a contract (purchase order) to Perkin Elmer Health Sciences Inc. of
Shelton, CT, in the amount of$138,199.00, in response to the City of Clearwater
Public Utilities Laboratory's request for purchase of a NexION 30OX ICP-MS
System and authorize the appropriate officials to execute same. (consent)
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The City of Clearwater Public Utilities Laboratory is located adjacent to the
Marshall Street Advanced Wastewater Treatment facility on Harbor Drive in
Clearwater. The laboratory is responsible for a large number of analyses, in a
wide variety of applications, for compliance purposes with permit constraints,
local, state and federal regulations applicable to the City's ownership and
operation of a Public Drinking Water system, Wastewater treatment plants and
reclaimed water.
To increase the level of accuracy and efficiency, as well as comply with the
regulatory requirement of lower detection limits, this new ICP-MS System
instrument will be an updated replacement for the current, aging instrument, and
will allow consolidation of methods of analysis, which in turn will provide savings
on certification costs.
The contract includes training, support and a factory warranty.
Sufficient budget and funding is available in the Utility R and R revenue in 0327-
96645, Laboratory Upgrade and R and R, in the amount of$138,199.00.
9. Engineering
9.1 Award a construction contract to Rowland, Inc of Pinellas Park, Florida, for
Smallwood Circle Drainage Improvements Project (11-0057-EN) and Edgewood
Avenue Sanitary Sewer Improvements (10-0027-UT) in the amount of
$2,345,142.97, which is the lowest responsible bid received in accordance with
plans and specifications; approve Engineer of Record (EOR) Supplemental Work
Orders to Cumbey and Fair in the amount of$56,688.81 and King Engineering in
the amount of$52,152 for limited Construction Engineering Services (CES) and
authorize the appropriate officials to execute same. (consent)
Smallwood Circle Drainage Improvements
• The upstream limit of the project is by Wood Drive near Rose Wood Street
and the downstream limit of the project is the intersection of Elmwood
Avenue and North Highland Avenue.
• Construction of this project includes 48 drainage structures, 3,450 linear
feet of larger pipes, and a baffle box to improve water quality.
• The existing system begins with 12-inch diameter polyvinyl chloride pipe
and increases to 24-inch corrugated metal pipe that is nearing the end of
its useful lifespan.
• The proposed system will be all reinforced concrete pipe, beginning with a
14-inch by 23-inch elliptical and increasing to 36-inch pipe.
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• The Southwest Florida Water Management District (SWFWMD) is
cooperatively funding fifty percent (50%) of the project up to a maximum
amount of$875,000.
Edgewood Avenue Sanitary Sewer Improvements
• The sanitary sewer system in the Glenwood Estates neighborhood
consists of 8-inch through 12-inch clay pipe. A number of the sewer runs
between manholes were constructed at slopes less than those currently
considered industry standard. In particular, the sewer behind the lots on
Edgewood Avenue has relatively and, in some cases, negative slope.
Over the years, this has resulted in increased maintenance efforts on the
City's behalf and possibly sewer backups.
• The Sanitary Sewer Improvements project will correct these deficiencies
and bring the new pipe runs up to current industry standards. Cumbey and
Fair has provided design, stormwater modeling, permitting, and bid
services for Smallwood Circle Drainage Improvements through previous
work orders. Through this Supplemental Work Order, they shall provide
limited CES.
• King Engineering has provided sanitary sewer investigation, design,
permitting, and bid services for Edgewood Avenue Sanitary Sewer
Improvements through previous work orders. Through this Supplemental
Work Order, they shall provide limited CES.
Stormwater Maintenance Department shall operate and maintain the Smallwood
Circle Drainage Improvements and Public Utilities shall operate and maintain the
Edgewood Avenue Sanitary Sewer Improvements. A first quarter budget
amendment will transfer$1,347,718.98 from Capital Improvement Program
project 0315-96124, Storm Pipe System Improvements to 0315-96178,
Smallwood Circle.
Sufficient funding is available in the amount of$1,106,264.80 in 0327-96665,
Sanitary Sewer R and R for total funding in the amount of$2,453,983.78.
10. Planning
10.1 Continue Development Agreement between Mainstream Partners VIII, LTD (the
Property owner) and the City of Clearwater, providing for the allocation of 100
units from the Hotel Density Reserve to the December 5, 2013 council meeting.
(HDA2013-08004)
The applicant is requesting the continuance in order to prepare changes to the
Conceptual Site Plan as directed by Council at the October 16, 2013 meeting.
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10.2 Approve a Development Agreement between Ted and Maria Lenart, Trustees of
Lenart Family Trust UTD December 20, 1991 (the property owner) and the City
of Clearwater, providing for the allocation of up to 69 units from the Hotel Density
Reserve under Beach by Design with a change to the wording of Section 6.1.3.2
of the Development Agreement from five years from approval of the
Development Agreement to one year for obtaining of site plan approval; adopt
Resolution 13-31, and authorize the appropriate officials to execute same.
(HDA2013-08007)
Development Proposal:
The owners propose to utilize the existing 64-rooms, 30 of which are considered
as conforming through an approved Termination of Status of Nonconformity for
density (FLD2013-08025) reviewed by the Community Development Board on
October 15, 2013, while requesting up to an additional 69 hotel rooms from the
Hotel Density Reserve through Beach by Design resulting in a total of 103 units
(150 units per acre). It should be reiterated that the maximum density permitted
by Beach by Design is 150 units per acre or, for this site, 103 units.
Consistency with the Community Development Code:
No changes have been made to the Conceptual Site Plan presented at the
October 16, 2013 Council meeting. The Conceptual Site Plan continues to
appear to be consistent with the CDC with regard to:
• Minimum Lot Area and Width:
• Minimum Setbacks:
• Maximum Height:
• Minimum Off-Street Parking:
• Landscaping:
Consistency with Beach by Design:
Work Session 2013-11-04 11
No changes have been made to the Conceptual Site Plan presented at the
October 16, 2013 Council meeting. The Conceptual Site Plan continues to
appear to be consistent with the Beach by Design with regard to:
• Design Guidelines
• Hotel Density Reserve
Standards for Development Agreements:
Minor changes have been made to the Development Agreement at the request of
Staff since the October 16, 2013 Council meeting as follows:
Clarify in Sections 6.2.3 and 6.1.5 what occurs in the event of compliance with
conditions of the Termination of Nonconformity. Le., 39 v. 69 units used from
density pool, other 30 returned.
Recite density in Section 4.1.
In Section 6.1.6, replace overnight hotel guests with members of the public as
overnight hotel guests.
Remove 5 years for obtaining development approval in Section 6.1.3.2, replace
with 1 year and add language that site plan must be approved and construction
started within the timeframes set forth in the CDC.
Attach Conceptual Plan as Exhibit B and title Exhibit that.
Change Site Plan to Conceptual Site Plan in Section 6.1.3.1 and anywhere else
where the intent is to refer to the Conceptual Site Plan.
Add provision re Bond: Developer agrees to provide a cashier's check, a
payment and performance bond, or letter of credit in the amount of 115% of the
estimated costs of the public facilities and services to be deposited with the City
to secure construction of any new public facilities and services required to be
constructed by this Agreement. Such construction shall be completed prior to
issuance of a Certificate of Occupancy for the Project. NOTE: It is understood
that the applicant maintains no public facilities/services are required, but this
language will be in the form HDA and is desired for consistency purposes.
The applicant did not incorporate the requested change with regard to item four,
above, and is reflected in Staff's recommendation.
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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 rooms from the Hotel Density Reserve under Beach by
Design and includes the following main provisions:
• Provides for the allocation of up to 69 units from the Hotel Density
Reserve or a maximum density of 150 units per acre, whichever is less;
• Requires the developer to obtain building permits and certificates of
occupancy in accordance with (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.
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. Revisions to conceptual site plans
and/or architectural elevations attached as exhibits to this Development
Agreement shall be governed by the provisions of Section 4-406, CDC. Minor
revisions to such plans may be approved by the Community Development
Coordinator. Other revisions not specified as minor shall require an amendment
to this Development Agreement.
The Planning and Development Department is recommending approval of this
Development Agreement for the allocation of up to 69 units from the Hotel
Density Reserve under Beach by Design with a change to the wording of Section
6.1.3.2 from five years from approval of the Development Agreement to one year
for obtaining of site plan approval.
Work Session 2013-11-04 13
Planner Mark Parry said staff is recommending that the site plan approval be obtained
within one year of the agreement being approved.
The City Attorney said the applicant does not agree with the one-year timeframe. Staff
is recommending the timeframe be included in the development agreement. The
Applicant has requested five years to go to CDB; with all the extensions available by city
code, the Applicant would have up to another four years before commencing
construction.
Planning and Development Assistant Director Gina Clayton said staff is recommending
the one-year timeframe because there was an agreement with Council to expedite the
construction of these hotels under the new hotel density pool process. Every
development agreement under the prior process included the timeframe.
In response to a question, Assistant City Attorney Leslie Dougall-Sides the agreement
does not include any reference to fractional ownership.
Ms. Clayton said the Applicant has articulated that the requested five-year timeframe
was due to timing issues with adjacent properties under construction.
The City Attorney said the Enchantment agreement was the first development
agreement under the new process. The only timeframes included in the agreement was
the life of the development agreement. Enchantment is moving forward with the site
plan approval process but is not obligated under their agreement.
In response to questions, Planner Mark Parry said the front north setback on the public
right-of-way from Gulfview is 16 ft. to the building. Beach by Design requires 15 ft.
along arterials; Gulfview is an arterial. Perimeter landscaping is not required in the
Tourist District.
The Council recessed from 3:09 p.m. to 3:15 p.m.
11. Official Records and Legislative Services
11.1 Appoint one member to the Neighborhood and Affordable Housing Advisory
Board with term to expire November 30, 2017 and reappoint Ms. Linda Kemp for
another term to expire November 30, 2017.
In response to questions, the City Clerk said the board meets monthly. Economic
Development and Housing Director Geri Campos Lopez said Ms. Santiago resides in
one of the target areas and has work experience with local youth.
Discussion deferred to Thursday.
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12. Legal
12.1 Amend Section 30.020 of the Clearwater Code of Ordinances to establish
procedures for hearings before a local hearing officer for red light camera
violations, and pass Ordinance 8479-13 on first reading.
Amendments to Section 316.0083, Florida Statutes, provide the registered owner
of the motor vehicle or the person in physical control of the motor vehicle at the
time the motor vehicle failed to stop at a red light being monitored by a traffic
infraction detector with the option of requesting a hearing before a local hearing
officer to contest a notice of violation issued pursuant to Section 316.0083,
Florida Statutes.
Section 316.0083 requires the municipality issuing the notice of violation to
designate a local hearing officer as defined in Section 316.003(91), Florida
Statutes, for the purpose of conducting a hearing pursuant to Section 316.0083.
Section 316.0083 also establishes procedures for hearings before a local hearing
officer and authorizes the hearing officer at the conclusion of the hearing to
require the violator to pay municipal costs not to exceed $250 in addition to the
current $158 penalty if the notice of violation is upheld.
The City Attorney said most municipalities use a hearing officer. The City has been
using the Municipal Code Enforcement Board (MCEB) because state law required a
process be in place when the Statute was enacted. The first month's hearing lasted two
hours before the Board began hearing MCEB cases.
12.2 Adopt Ordinance 8481-13 on second reading, amending the Community
Development Code Division 24, Public Art and Design Program, providing that
private development projects are encouraged to incorporate public art into each
new development or renovation project, or in lieu thereof, donate money into the
City's public art fund.
12.3 Adopt Ordinance 8410-13 on third reading, amending the future land use plan
element of the Comprehensive Plan to designate the land use for certain real
Property whose post office address is 2200 and 2251 Montclair Road, together
with all of the right of way of Montclair Road, CR 584, lying in the East of the NE
of Section 01, Township 29 South, Range 15 East, together with all of the right of
way of Montclair Road, CR 584, and Sunset Point Road, CR 576, lying in the
NW of Section 06, Township 29 South, Range 16 East, upon annexation into
the City of Clearwater, as Residential Medium (RM), Preservation (P), and
Water/Drainage Feature, (Water).
12.4 Adopt Ordinance 8411-13 on third reading, amending the Zoning Atlas of the city
by zoning certain real property whose post office address is 2200 and 2251
Work Session 2013-11-04 15
Montclair Road, together with all of the right of way of Montclair Road, CR 584,
lying in the East of the NE of Section 01, Township 29 South, Range 15 East,
together with all of the right of way of Montclair Road, CR 584, and Sunset Point
Road, CR 576, lying in the NW of Section 06, Township 29 South, Range 16
East, upon annexation into the City of Clearwater, as Medium High Density
Residential (MHDR) and Preservation (P).
13. City Manager Verbal Reports — None.
14. Council Discussion Items
14.1 Update on US 19 Plan re: McCormick and US 19 Office Park
Discussion deferred to November 18, 2013.
15. Closing Comments by Mayor— None.
16. Adjourn
The meeting adjourned at 3:31 p.m.
Work Session 2013-11-04 16