01/13/2014 CITY COUNCIL WORK SESSION MEETING MINUTES
CITY OF CLEARWATER
January ,
Present: Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember
Doreen Hock-DiPolito, Councilmember Bill Jonson, 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
To provide continuity for research, items are listed in agenda order although not
necessarily discussed in that order.
Mayor George Cretekos called the meeting to order at 1:00 pm at City Hall.
1. Presentations — Given.
1.1 Service Awards
Two service awards were presented to city employees. The January 2014 Employee of
the Month Award was presented to Ronald Neuberger, Clearwater Fire Rescue.
The Council recessed from 1:06 p.m. to 1:08 p.m. to meet as the Pension Trustees.
2. Economic Development and Housing
2.1 Certify that the Homeless Emergency Project, Inc., is consistent with local plans
and regulations, and qualifies under the States Enterprise Zone Community
Contribution Tax Credit Program under Housing for low-income persons in a
non-enterprise location and adopt Resolution 14-01.
Homeless Emergency Project, Inc. (HEP) is applying for sponsorship under the
Enterprise Zone Community Contribution Tax Credit Program pursuant to Florida
Statutes sections 212.08(5)(P), 220.183, 624.5105 and Rule 12C-1.0188 Florida
Administrative Code.
To become an eligible sponsor, a resolution from the local government is
required. Projects designed to provide housing for low-income persons are not
required to be located within an Enterprise Zone and must be consistent with local
plans and regulations including the local government's adopted comprehensive
plan. HEP meets the qualifying criteria.
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The Enterprise Zone Community Contribution Tax Credit Program (CCTCP)
allows any business in Florida to receive a 50% credit on their Florida corporate
income tax, insurance premium tax or sales tax refund for donations made to local
community development projects. Donations must be made to an eligible sponsor
conducting an approved community development project. A business may receive
no more than $200,000 in community contribution tax credits annually. Once the
donation has been approved by the Florida Department of Economic Opportunity,
a copy of the approval letter must be submitted with the state tax return.
The qualifying proposed project for this sponsorship is to increase corporate cash
donations to provide designated funds for specific programs and undesignated
funds for general operating expenses for HER Some corporations like to give
undesignated donations so HEP can use the funds as they see fit. Other
corporations prefer to give to a specific program or area of interest. Some
companies like to contribute to youth and after school programs; others prefer
employment readiness programs, while still others like to contribute to capital
projects. All of these HEP programs and projects require ongoing fundraising.
This project is vital to the surrounding community. HEP employs 60 full - and part-
time staff, and over 1,000 volunteers annually to provide homeless and very low-
income individuals and families with housing, food, clothing and support services
necessary to obtain self-sufficiency and improved quality of life. HEP offers 124
units of Emergency Shelter for individuals and families with children. In addition,
the agency operates 233 units of transitional and permanent supportive housing
for individuals, veterans and families with children.
The annual HEP operating budget exceeds $5 million. These expenses consist of
costs associated with personnel, housing and occupancy, supportive services,
food, program and client supplies, the dental clinic, and administration of HEP's
357-bed facility.
In response to questions, Economic Development Coordinator Audra Aja said the City's
support assists HEP with their fundraising efforts for additional beds and program
support. Barbara Green introduced HEP's new President and Chief Executive Officer,
Terrance McAbee. Ms. Green has taken a more active role in fundraising efforts.
2.2 Approve the Business Maintenance and Continued Performance Agreement with
MarineMax, Inc., which establishes certain conditions including capital
investment, new mob creation, minimum annual average wage thresholds for new
employees, and other considerations as required by the City's enactment
authority and reflected in Ordinance 8535-14, and authorize the appropriate
officials to execute same. (consent)
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On January 16, 2014, City Council will pass on second reading Ordinance 8535-
14 granting for MarineMax, Inc. an Economic Development Ad Valorem Tax
Exemption (ED AVTE) of 50% of the increase in tangible personal taxes for a
period of 5 years beginning in Tax Year 2014 through Tax Year 2018.
In accordance with the City's enactment authority granting ED AVTE, all
businesses approved for ED AVTE must execute a Business Maintenance and
Continued Performance Agreement, which establishes requirements for
maintenance of operations and performance measurements in effect during the
term of the Exemption.
Performance measurements, including job creation, wage verification, and
evidence of capital investment (including purchases of furniture, fixtures and
equipment) are elements of the agreement and are reviewed annually with
required submittal of an annual report. In addition, the Agreement also includes
conditions for Council revocation should the Company fail to meet the obligations
of the agreement.
Project Overview
Headquartered in Clearwater, MarineMax is the nation's largest recreational boat
and yacht retailer selling new and used recreational boats and related marine
products and services. Currently located at 18167 US Highway 19 North,
MarineMax proposes an expansion and relocation of its Corporate Headquarters
to 2600 McCormick Drive.
The company plans to invest approximately $2.0 million in new furniture, fixtures,
and office and computer equipment and will add 30 new employees over a 3-year
period. Average annual wages of all new positions will exceed $65,000, which is
155% of the Pinellas County Annual Average Wage as published by Enterprise
Florida, Inc. on January 1, 2013.
Economic Development and Housing Assistant Director Denise Sanderson said the
Applicant has requested to continue the application. The individual who signed the
agreement is no longer with MarineMax and company officials need additional time to
review the budget considerations in the request.
In response to questions, Ms. Sanderson said staff received the request for a
continuance this morning. Economic Development and Housing Director Geri Campos
Lopez said the project is moving forward; the agenda item is for the requested
exemption on the tangible personal tax. Staff has met with the landlord to explain the
tax exemption program. The City Attorney said the landlord's attorney has made a
public records request.
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Staff was requested to contact the landlord regarding the agenda item being continued.
There was consensus to continue the item to February 6, 2014.
2.3 Approve the Business Maintenance and Continued Performance Agreement with
Skye Lane Properties, LLC and Heritage Property and Casualty Insurance
Company, which establishes certain conditions including capital investment, new
iob creation, minimum annual average wage thresholds for new employees, and
other considerations as required by the City's enactment authority and reflected
in Ordinance 8536-14, and authorize the appropriate officials to execute same.
consent
On January 16, 2014, City Council will pass on second reading Ordinance 8536-
14 granting for Skye Lane Properties, LLC and Heritage Property and Casualty
Insurance Company (the Company) an Economic Development Ad Valorem Tax
Exemption (ED AVTE):
• 75% of the increase in real and tangible personal property taxes for the
period of 5 years commencing with Tax Year 2014 through Tax Year 2018;
and
• 50% of the increase in real and tangible personal property taxes for the
period of 5 years commencing with Tax Year 2019 through Tax Year 2023;
In accordance with the City's enactment authority granting ED AVTE, all
businesses approved for ED AVTE must execute a Business Maintenance and
Continued Performance Agreement, which establishes requirements for
maintenance of operations and performance measurements in effect during the
term of the Exemption.
Performance measurements, including job creation, wage verification, and
evidence of capital investment (including purchases of furniture, fixtures and
equipment) are elements of the agreement and are reviewed annually with
required submittal of an annual report. In addition, the Agreement also includes
conditions for Council revocation should the Company fail to meet the obligations
of the agreement.
Project Overview
Currently headquartered in St. Petersburg, the Company will relocate 54 jobs and
create a total of 11 new jobs by December 31, 2015, with an average annual
wage of at least $87,000 which is 208% of the Pinellas County Annual Average
Wage as published by Enterprise Florida, Inc. on January 1, 2013 and will invest
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$6.1 million in the expansion of the 2600/2650 McCormick Drive property,
including the renovation of the facility and construction of a tri-level parking deck,
and the purchase of new furniture, fixtures, equipment.
In response to a question, Economic Development and Housing Assistant Director
Denise Sanderson said the increase in real property taxes is a result of the Applicant's
capital investment in the parking deck and renovations to common areas that are
accessible by all tenants.
2.4 Approve Skye Lane Properties, LLC for waivers and reimbursement of certain
fees to encourage parking area improvements, including the construction of a
parking deck, at 2600/2650 McCormick Drive, Clearwater, so as to provide
certain public benefits including higher paving mob opportunities and higher
intensity and density on the site which are consistent with the City's Economic
Development Strategic Plan and US 19 Redevelopment Plan and adopt
Resolution 14-03.
The City Council Policy, General Administration, Section A Application Fee
Waivers, amended February 12, 2002, provides consideration for application fee
waivers including building permit, occupational license, plan review and zoning-
related application fees for projects which staff believes special considerations
exist.
In accordance with the Policy, staff recommends adoption of Resolution 14-03
waiving and reimbursing all application, permit, inspection, examination, and
others fees paid to the City by Skye Lane Properties, LLC up to $60,000 based on
the following:
Special Considerations
The City's Economic Development Strategic Plan (EDSP), adopted in November
2011, is based upon the Guiding Principles of tax base diversification, higher
paying jobs and business vitality, which reflect the values of the community.
The EDSP identified certain goals to support these Principles including:
• Encourage the development of sites and buildings needed to
accommodate higher intensity employment opportunities,
• Develop the policies and tools to compete for new private investment and
jobs,
• Create an environment that promotes the vitality and growth of existing
businesses
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The EDSP also provided recommendations to encourage desired development
including development fee reduction and public participation in land development
to encourage infill and redevelopment projects.
The City's US 19 Redevelopment Plan, adopted in December 2012, also provided
recommendations consistent with the EDSP including:
• Preference for office and other employment-intensive uses over smaller-
scale uses for sites located in In-Between Areas
• Recognition that tenants often desire more parking spaces than available
which is a challenge along the US 19 Corridor
• Support for the City's use of direct and indirect assistance such as the
reduction of permit fees and other incentives that advance economic
development goals and improve the corridor's competitive position in the
Tampa Bay Region
The proposed $5.9 million project is consistent with the goals and
recommendations of the EDSP and US 19 Redevelopment Plan. The construction
of a parking deck and other parking improvements will provide a public benefit
allowing tenant companies to expand providing high wage employment
opportunities for the citizens of Clearwater and will increase employment intensity
and density at the site.
Project Overview
Skye Lane Properties, LLC, purchased 2600/2650 McCormick Drive in April 2013.
At the time of purchase, a severe parking deficit existed according to today's
office marketplace where tenant demand is often 4.5 to 6.0 spaces / 1,000 sq. ft.
This project proposes to resolve the parking deficit to accommodate higher
intensity employment opportunities, one of the Goals of the EDSP and is
supported by the US 19 Redevelopment Plan as an In-Between Area providing an
employment-intensive use favored over smaller-scale projects. Skye Lane
Properties plans to invest $5.9 million in real property improvements including the
construction of a $4.0 million tri-level parking deck.
Projected Outcomes
Higher Intensity and Density:
• Upon completion of all parking improvements on the site, the property will
have approximately 725 parking spaces, which will provide the entire site
with 4.9 spaces / 1,000 sq. ft.
• The property will meet market demand making this a prime Class A office
destination for what was 50% vacant nearly 1 year ago.
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Job Creation in Target Industries:
• Heritage Property and Casualty Insurance Company will relocate 54
employees from their current corporate headquarters location in St.
Petersburg, and will add 11 new positions in 2014. Average wages for all
new jobs will exceed $87,000 (208% above the Pinellas County Average
Annual Wage).
• Ten or more consultants currently working with Heritage Property and
Casualty Insurance Company will also relocate to the site.
• MarineMax, Inc., will relocate 99 employees from its current corporate
headquarters located in the City, and add 30 new jobs over 3 years.
Average annual wages of all new jobs will exceed $65,000 (155% of the
Pinellas County Average Annual Wage).
• Tenants on the site, including AmeriLife, will be able to expand.
Impact Analysis
Staff has conducted an impact analysis of the capital investment of Skye Lane
Properties, LLC, and Heritage Property and Casualty Insurance Company a
related entity - using Total Impact by Impact Data Source. The analysis does not
include economic impact of other tenants. Impact analysis projects:
• $134.9 million Economic Impact (Countywide, 10 years) including $109.8
million in salaries (direct and indirect jobs) and $20.4 million in taxable
sales and purchases in the County.
• Permanent jobs and additional indirect and induced jobs (spin off): 160 jobs
• Net Benefits to the City: $229,327
• Present Value of Net Benefits to City (reflects 5% discount): $184,079
• Rate of Return: 17.4% ROR (when the exemption is considered as cash)
• Payback Period: 5.2 years
Additional Incentives
Staff proposed ED AVTE for MarineMax, Inc. of 50% exemption of tangible
personal property taxes for 5 years (Tax Years 2014-2018). Total value of the
proposed exemption for MarineMax, Inc. is estimated at $18,661. (Ordinance
8535-14)
Staff also proposed ED AVTE for Skye Lane Properties, LLC and Heritage
Property and Casualty Insurance Company of 75% and 50% exemption of real
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and tangible personal property taxes for 5 years each (Tax Years 2014-2018, Tax
Years 2019-2023, respectively). Estimated value of the exemption is $168,472.
These additional incentives are considered integral to the project.
Source of Funding
Funding for this item will be provided by a first quarter budget amendment
allocating General Fund reserves in the amount of$30,000 to establish project
181-99744, Economic Development Incentives. This amount is for the
reimbursement of fees not able to be waived for this project. The balance in
General Fund reserves is approximately $17.5 million, or 15.2% of the 2013/14
General Fund operating budget. Inclusive of the $1.4 million used to fund the
current operating budget, a total of$2,235,943 of General Fund reserves has
been used to date to fund expenditures in the 2013/14 operating budget.
In response to questions, Economic Development and Housing Assistant Director
Denise Sanderson said Skye Lane would be responsible for any fees in excess of
$60,000. Skye Lane is receiving a property tax exemption under a different program.
Staff's recommendation is based on the Economic Development Strategic Plan and the
US 19 plan. The ad valorem tax exemption program is designed to encourage capital
investment and create high value/high wage employment opportunities. Ms. Sanderson
said staff uses an economic model provided by a third party, Total Impact Modeling,
which is specific to the area's data sets. The model provides information on rates of
return, payback period, and overall economic impact based on the input provided by the
applicant and staff's knowledge of the project. The project's estimated economic impact
is $135 million for the parking deck and subsequent job creation.
The City Attorney said the Community Redevelopment Agency has used payment of
fees and impact fees as an incentive in the downtown area. Council may adopt a policy
that would apply to other areas in the city.
3. Fire Department
3.1 Approve the agreement between the Phillies Florida LLC and the City of
Clearwater Fire and Rescue Department to provide emergency medical services
at Bright House Field for 2014 baseball events as outlined in the agreement, and
authorize the appropriate officials to execute same. (consent)
The Phillies Florida LLC (Phillies Florida) will enter into an agreement with
Clearwater Fire and Rescue (CFR) for the provision of EMS services for the 2014
Philadelphia Phillies spring training game; every 2014 Clearwater Threshers
game; and for 10 selected special events designated by Phillies Florida in 2014.
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There will be a mutually agreed-upon method of checking in and checking out at
each game/event for billing purposes at the rate established in the agreement.
The minimum time for each event will be four hours. Any time spent at the
ballpark after those four hours will be compensated at the hourly rate set forth in
the agreement, and checked against the sign out time by the teams at the
ballpark. CFR will provide monthly invoices to Phillies Florida for the services CFR
provides pursuant to the agreement, which invoices will be paid within twenty
days of receipt.
The City of Clearwater, to the extent permitted by applicable law, including, but
not limited to Section 768.28, Florida Statutes, shall indemnify, defend and hold
harmless Phillies Florida, and others noted in the agreement.
CFR will document any incidents that may occur during the course of the
performance of its obligations hereunder and, subject to applicable law, including,
but not limited to, the Health Insurance Portability and Accountability Act of 1996
(HIPAA) Privacy and Security Rules, and use best efforts to get those treated to
sign a medical information disclosure form legally authorizing CFR to provide
copies of such documentation to Phillies Florida upon request.
The term of the agreement shall be from the date it is signed through December
31, 2014; and either party may terminate as outlined in the agreement.
4. Gas System
4.1 Approve a Purchase Order (contract), in the amount of$1,932,652.50 and award
bid 04-14 to Florida Gas Contractors, Inc., for the Installation of Gas Mains and
Service Lines for the period February 1, 2014 to January 31, 2015 and authorize
the appropriate officials to execute same. (consent)
Florida Gas Contractors (FGC), Inc., located at PO Box 280, Dade City FL 335267
was the only responder to bid 04-14. FGC currently holds the contract for the
installation of gas mains and service lines and has performed satisfactory work for
Clearwater Gas System (CGS) over the last year. FGC has also provided a
Performance Bond and Proof of Insurance for bid 04-14 for the period February 1,
2014 to January 31, 2015.
Funds are available in Code 315-96378 ($386,530.50) Pasco New Mains and
Service Lines, Code 315-96377 ($1,546,122) Pinellas New Mains and Service
Lines, in the Clearwater Gas System budget to support these requirements.
In response to a concern regarding the lack of responses received, Clearwater Gas
System Operations Manager Brian Langille said one vendor expressed they did not
Work session 2014-01-13 9
have the time or the resources to bid at this time. The proposed rates are the same
rates Clearwater Gas System has had for the last three years.
4.2 Approve an increase of$925,082 in the Clearwater Gas System Fiscal Year
2013/2014 Dividend to the City General Fund and allocate $250,000 of this back
to the Clearwater Gas System to speed the payoff of the Clearwater Natural Gas
Vehicle Fueling Station. (consent)
Clearwater Gas System (CGS) budgeted to pay a Fiscal Year 2013/2014 dividend
of$1,700,000 to the City General Fund. Based on City Council policy, the Gas
System each year returns half of its annual Net Income less debt service interest
as a dividend to the City in the following year. CGS's financial performance for
Fiscal Year 2012/2013 exceeded our budget forecasts; therefore, CGS will pay an
increase in the Fiscal Year 2013/2014 dividend of$925,082, based on financial
performance, which will bring the total Fiscal Year 2013/2014 dividend to
$2,625,082.
Clearwater Gas has invested approximately $2.3 million in the construction of the
new Clearwater Natural Gas Vehicle (NGV) Filling Station and is planning to
invest an estimated additional $1 million this year to add a full back-up
compressor, increase the storage to improve reliability and speed the filling
capacity for the City's Solid Waste trucks and other large vehicles, and provide
capacity for future fleet expansion. Staff is recommending that the City Council
allocate $250,000 of the added CGS dividend payment back to CGS to accelerate
the recovery of the NGV Filling Station capital costs, which will ultimately reduce
the cost of this NGV fuel for City Fleet and other customers. It should be noted
that last year the City Council also re-directed $250,000 of the CGS excess
dividend payments back to the CGS to accomplish this.
Therefore, after this recommended allocation of$250,000 to the NGV capital fund,
there will remain a net of$675,082 in increased funding to the City's General
Fund reserve in Fiscal Year 2013/2014 for other City projects.
A first quarter budget amendment will reflect the transfer of this $925,082 from the
Clearwater Gas System to the General Fund to reflect the increased dividend
payment from the Clearwater Gas System to the City's General Fund. In addition,
if approved, first quarter budget amendments will reflect the transfer of$250,000
of General Fund revenues from the General Fund Non-Departmental program to
capital project 315-96387, Natural Gas Vehicles.
Clearwater Gas System Managing Director Chuck Warrington provided a PowerPoint
presentation.
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In response to questions, Mr. Warrington said Fiscal Year 2009/2010 was the year
Clearwater Gas profited from the settlement agreement with Florida Gas Utility. The
department's strategic plan will be updated soon and used to establish the gas rates.
The rate proposal is based upon the ability to transfer $1.7 million to the City's General
Fund Reserves. Residuals from the dividend payout are used to improve the system.
5. Human Resources
5.1 Approve the assignment of the City's Employee Assistance Program (EAP)
services under provider MHNet Specialty Services, LLC to Aetna Behavioral
Health, LLC to be effective July 1, 2014 and authorize the appropriate officials to
execute same. (consent)
On May 17, 2013, Aetna completed its acquisition of Coventry Health Care, Inc.
and all of its affiliated companies, including the City's provider for Employee
Assistance Program (EAP) services MHNet Specialty Services, LLC. The current
agreement between the City and MHNet provides that MHNet may assign the
agreement to an entity that is controlled by, controls or is under common control
with, or an affiliate of MHNet.
The assignment of the MHNet Agreement to Aetna will take effect on July 1, 2014,
on which date all of the rights, title, and interest and obligations for EAP services
under the MHNet Agreement will be assigned to Aetna Behavioral Heath, LLC,
and Aetna Behavioral Health will assume all of the obligations, rights and duties of
MHNet relating to the provision of EAP services thereafter.
This acquisition has already resulted in the availability of additional member
resources and improved services to include an enhancement of the EAP website,
weekly webinars, and access to discounts for fitness memberships, weight loss
programs and health products. This assignment will have no effect on other
MHNet services at this time, including Mental Health/Chemical Dependency
services, and there will be no change in the current EAP benefits, MHNet account
management staff, or member toll-free phone number. There is no cost to the City
associated with this request.
6. Marine and Aviation
6.1 Authorize the Marine and Aviation Department Director to apply for and
administer the Florida Fish and Wildlife Conservation Commission (FWC),
Florida Boating Improvement Program (FBIP) Grant on behalf of the City of
Clearwater, and adopt Resolution 14-04.
The Marine and Aviation Department proposes to replace fourteen of the existing
43 city-owned boat slips behind the Clearwater Marine Aquarium with a 200 ft.
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floating dock system for day dock boater use, with handicapped accessibility. The
intent would be to decrease the number of slips needing maintenance, while
providing boaters an alternative to driving to the aquarium by car, and picking up
and dropping off passengers via a floating dock system better equipped to safely
board special needs visitors. The docks there now are fixed for private
recreational use, and have no provision for special needs boaters. The
Department desires to apply to the Florida Fish and Wildlife Conservation
Commission (FWC) for a Florida Boating Improvement Program (FBIP) Grant, to
offset the cost of purchasing the floating dock system. The City Resource
Committee approved applying for the grant funding at the December 4, 2013
meeting. The matching funds have been secured with agreements to commit from
Clearwater Marine Aquarium, Florida West Coast Cruises and Bay Star
Restaurant Group, and all construction and environmental permits necessary
have been obtained.
Adoption of Resolution 14-04 will authorize the Marine and Aviation Department
Director to apply for and administer the FBIP Grant on behalf of the City.
In response to questions, Marine and Aviation Director Bill Morris said the Clearwater
Marine Aquarium, Island Way Grill and Florida West Coast Cruises will be contributing
to the project. The City will not incur any general fund dollars for the project; the Marina
will incur approximately $8,000 in in-kind services. If the grant is not awarded,
additional donors will be sought.
7. Parks and Recreation
7.1 Approve a blanket purchase order (BPO) to Mid-Pinellas Umpire Assoc. for
$200,000 to provide umpiring and scorekeeper services for recreation leagues
and tournaments held in Clearwater through December 31, 2014 according to
Bid 05-12. (consent)
The Mid-Pinellas Umpire Association has agreed to renew their services for an
additional year under the same terms and conditions of the original bid. This will
be the third and final year under this bid. Last year Mid-Pinellas provided umpires
and officials for over 3,500 games including the USF Series of tournaments and
ASA Gold Tournament. The costs for these services are paid for by user fees that
are charged to the teams. Revenues therefore offset the costs associated with
this BPO.
7.2 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 relating to the responsibilities and obligations
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regarding the funding, fundraising, design, site selection, construction,
installation and maintenance of a proposed Veterans War Memorial at Crest
Lake Park for a proposed total project cost of$1.3 million of which the City will
be responsible for 50% or $650,000, if TBVA is successful in meeting their
requirements of the MOU 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 to be sited at Crest Lake Park. Currently the project is
being proposed in two phases. The first phase 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. Phase II may follow, as agreed to by the City
and the TBVA, and include the addition of memorial sculptures and plaques
recognizing the service of veterans from World War I though present (approximate
cost $500,000 to be shared equally by both parties). TBVA estimates the total
cost of Phase I to be $300,000.00. TBVA shall initiate, coordinate, and oversee a
campaign to raise $150,000 and if successful the City will match that amount from
a fund to be determined at the time TBVA raises the first $150,000. It is estimated
that it will take 18 to 24 months to raise TBVA's portion of Phase I funding.
Once TBVA has collected the full $150,000.00 and remitted it to the City to hold in
escrow for the planning, permitting, and construction of Phase I, the City will
formalize its matching funds of$150,000. Once project funds are in place from
both TBVA and the City design, permitting and construction will commence with
the City acting as the project manager.
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. In advance of an anticipated increase in park user volume and the fact
that no public parking exists close to the proposed memorial site on Lake Avenue
the City will need to budget and allocate approximately $100,000 to construct a 15
to 20 space parking facility. Approval of funding for this parking facility will be
determined at the same time the City formally funds the City match of$150,000.
Staff recommends that when funding is approved for Phase 1 ($150,000), it come
from undesignated retained earnings and that for Phase II ($500,000), come by
reallocating Penny funds allocated for neighborhood park renovations at Crest
Lake in Fiscal Year 2016/17.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.
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In response to questions, Cultural Affairs Specialist Christopher Hubbard said Phase 1
is estimated to cost $300,000 and $1 million for Phase 2. There is no Phase 3. The
annual maintenance cost will be $1,500. Parks and Recreation Director Kevin Dunbar
said any renovations to the park would require parking due to anticipated activities in
that area of the park. Mr. Hubbard said veteran and donor recognition plaques will be
facing to the interior of the plaza; the additional memorial plaques would be to recognize
World War I veterans.
Staff was directed to research the ability to use the Parking Fund to build a surface lot.
7.3 Approve Third Amendment to the Capitol Theatre Operating Agreement (CTOA)
between the City of Clearwater (City) and Ruth Eckerd Hall, Inc. (REH); and
authorize the appropriate officials to execute same. (consent)
On September 20, 2012, the City entered into the CTOA with REH to renovate
and operate the Capitol Theatre Facility located at 401, 403 and 409 Cleveland
Street for a period of 30 years. The CTOA requires deposits to be rendered by
REH to the City equating to a total of$3,000,000 over a period of 12 years. The
CTOA required an initial deposit to an Operating Reserve Fund of$1,000,000 by
REH prior to obtaining a Certificate of Occupancy. Two subsequent deposits of
$500,000 are to be rendered on the first and second anniversaries of the creation
of the Operating Reserve Fund. Beginning on the third anniversary, annual
$100,000 deposits are to be rendered through the twelfth anniversary. The
CTOA also provides for a fifth year review of the Operating Reserve Fund to
ascertain whether any increases or decreases to the contribution amount are
recommended based on the status of the Fund.
Due to unanticipated maintenance costs, which incurred at Ruth Eckerd Hall, REH
has requested this third amendment allowing payment of the first $1,000,000 over
a time period. The first $100,000 has been deposited to the City, and the
remaining $900,000 would be rendered in equal monthly payments over 10
months beginning in April 2014 and ending in December 2014. The remaining
deposits would be rendered in accordance to the CTOA. All other terms and
conditions of the original agreement will remain in full force and effect.
In response to questions, Parks and Recreation Administrative Support Manager Felicia
Leonard said REH will set aside $100,000 monthly beginning April 2014. On December
177 20147 REH will provide an additional $500,000. The funds will be directed to a
reserve fund to address future operating funding gaps.
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7.4 Approve a five-year Agreement between Intelli-Mark Technologies, Inc. (ETIX)
and the City of Clearwater (City) to provide ticketing solutions for City Special
Events comprising of advanced internet ticket sales, box office sales, telephone
sales, bulk ticket printing, support services, and ticket validation components
from February 1, 2014 to January 31, 2019, and authorize the appropriate
officials to execute same. (consent)
The Special Events Division of the Parks and Recreation Department has used a
variety of methods and vendors to provide ticket solutions for the major special
events held throughout the City. Over the past several years, the City has used
the services of Ticket Master to assist with ticket sales for these events. On June
29, 2012, Requests for Proposal (RFP) were solicited and the City received three
qualified responses with Extreme Tic Inc. (IT) providing the most advantageous
service and proposal to the City. On December 6, 2012, the Council approved
entering into an Agreement for IT to provide these ticketing services. IT did not
meet the performance standards as outlined in the Agreement thus, termination of
the Agreement.
The second most qualified response was from ETIX, so staff is using them for the
Sea Blues Festival to be held on February 15 - 16, 2014. ETIX had the most
reasonable and lowest pricing structure than the other respondent. The
convenience fee varies depending on the cost of the ticket from $1.00 to $4.25
per ticket plus a 3% credit-card processing fee.
This Agreement will continue to provide savings not only to the City but also the
citizens and guests who use the system over other options and providers used in
the past.
The Agreement may also be extended for an additional five years with written
agreement between both parties.
8. Police
8.1 Approve renewal of the agreement with Religious Community Services, Inc.
(RCS) for provision of contractual victim advocacy services in the amount of
$15,000, for the period commencing January 1, 2014 through December 31,
2014, and authorize the appropriate officials to execute same. (consent)
The Clearwater Police Department (CPD) seeks City Council approval to renew a
contractual agreement with RCS (a registered non-profit organization with four
distinct yet interwoven programs, which includes The Haven of RCS) to provide a
part-time bilingual victim advocate position from The Haven to be physically
located at CPD headquarters. The victim advocate will work 20 hours per week
Work session 2014-01-13 15
and perform the duties associated with the implementation of a domestic violence
victim advocacy program with an emphasis on Spanish-speaking, Hispanic
victims for a one-year period.
This is a fourth year request for the services of a part-time bilingual victim
advocate, which has proven to be a very successful program. The victim advocate
provided safety plans for 263 domestic violence victims, 30 of whom were
Hispanic, for the period January 1, 2013 through November 30, 2013.
Additionally, there were 263 initial calls made to the victims of domestic violence
and 302 follow up calls. The victim advocate also assisted the victims at court
hearings and State Attorney Investigations.
The Haven of RCS is a state-certified provider of domestic violence victim
advocacy services, has a number of Spanish-speaking victim advocates on staff,
and has a long history of partnering with CPD and its victim advocate on domestic
violence issues. Pursuant to the contractual agreement, The Haven of RCS will
provide comprehensive domestic violence services on-site at CPD for a total of
400 victims, with an emphasis on Spanish-speaking Hispanics but to include all
domestic violence victims.
All expenses will be funded with Special Law Enforcement Trust Fund revenue
and charged to Special Project 181-99356.
8.2 Approve the Combined Operational Assistance and Voluntary Cooperation
Agreement with the City of Tampa and the Tampa Police Department for law
enforcement services for one year from the date of the execution of the
Agreement, with automatic renewal for each year thereafter until canceled by
one of the parties, and authorize the appropriate officials to execute same.
consent
Mutual aid agreements among law enforcement agencies are authorized by
Chapter 23, Florida Statutes, for rendering voluntary assistance of a routine law
enforcement nature to one another across jurisdictional lines and for providing
operational assistance whereby each agency may request law enforcement
assistance from or render law enforcement assistance to other law enforcement
agencies during emergencies, such as civil disturbances or natural disasters. The
City of Clearwater currently has a Mutual Aid Agreement with the Pinellas County
Sheriff's Office and the other municipal police departments in Pinellas County.
However, no such local Agreement has ever existed between the City of
Clearwater and the City of Tampa. This agreement incorporates into one Mutual
Aid Agreement both a Voluntary Cooperation Agreement concerning routine law
enforcement matters and an Operational Assistance Agreement for use during
emergencies. The Agreement will enable both law enforcement agencies to
conduct inter-jurisdictional investigations relating to, for example, traffic
Work session 2014-01-13 16
enforcement and the distribution of narcotics. The Agreement will also enable
each agency to provide assistance to the other agency during civil disturbances,
natural disasters, parades, and incidents requiring the utilization of specialized
units.
Law enforcement officers providing assistance to the other agency pursuant to the
terms of the Agreement will have the same powers when located within the other
agency's jurisdiction as if they were performing their duties inside their own
jurisdiction.
9. Solid Waste/General Support Services
9.1 Award a contract (Purchase Order) for $425,104.00 to Stingray Chevrolet for
sixteen 2014 Chevy Tahoe PPV Police Department vehicles, in accordance with
2.5640)(d), Code of Ordinances-Other Governmental Bid; authorize lease
purchase under the City's Master Lease Purchase Agreement, or internal
financing via an interfund loan from the Capital Improvement Fund, whichever is
deemed to be in the City's best interests; and authorize the appropriate officials
to execute same. (consent)
The sixteen Chevrolet Tahoe Police Pursuit Vehicles (PPV's) will be purchased
through the Florida Sheriffs contract, 12-20-0905, Specification 3 and quote dated
October 1, 2013.These PPV's will replace G2508 (2002 Ford Crown Victoria with
97,943 miles), G2512 (2002 Ford Crown Victoria with 77,218 miles) G2686 (2003
Ford Crown Victoria with 91,464 miles), G2756 (2003 Ford Crown Victoria with
91,151 miles), G2758 (2003 Ford Crown Victoria with 93,554 miles), G2851 (2004
Ford Crown Victoria with 95,187 miles) G2987 (2005 Ford Crown Victoria with
93,706 miles) G2988 (2005 Ford Crown Victoria with 94,990 miles) G2989 (2005
Ford Crown Victoria with 86,316 miles) G2995 (2005 Ford Crown Victoria with
94,516 miles), G2996 (2005 Ford Crown Victoria with 101,888 miles), G3171
(2006 Ford Crown Victoria with 93,129 miles), G3181 (2006 Ford Crown Victoria
with 92,179 miles), G3340 (2007 Ford Crown Victoria with 95,874 miles), G3346
(2007 Ford Crown Victoria K-9 unit with 103,046 miles), G3480 (2008 Ford Crown
Victoria with 102,025 miles). These vehicles are included in the Fiscal Year
2013/2014 Garage CIP Replacement Fund.
Sixteen Chevrolet Tahoe PPVs will be purchased. Six of these units will be
purchased with Penney for Pinellas proceeds. The remaining ten units will be
purchased through the lease purchase fund.
In response to questions, Solid Waste and General Services Director Earl Gloster said
the vehicles have been spec'd with a v8 engine. Police Chief Anthony Holloway said
Ford no longer manufactures the Crown Victoria. Assistant City Manager Jill
Work session 2014-01-13 17
Silverboard said staff purchased two vehicles and used them for a year to determine
which model worked best for the Department's needs.
10. Engineering
10.1 Approve Change Order 2 to Kamminga and Roodvoets, Inc. of Tampa, Florida
for the Mandalay Avenue Stormwater Outfall project (11-0031-EN) in the amount
of$195,720.00, for a new contract total of$1,673,687.85 for completion of
additional milling and paving and authorize the appropriate officials to execute
same. (consent)
Clearwater City Council awarded a $1,343,615.35 contract on February 21, 2013
to Kamminga and Roodvoets for the Mandalay Avenue Stormwater Outfall
project (11-0031-EN).
A previously approved change order added $134,352.50 and 59 days to the
contract for additional stormwater upgrades at the north end of East Shore Drive.
The contractor has agreed to add additional milling and paving on Mandalay
Avenue and Baymont Street outside the current limits affected by stormwater
improvements at similar pricing to the original contract.
Sufficient funding is available in Capital Improvement Program project 0315-
96183, Mandalay Ave Outfall in the amount of$195,720.
In response to questions, Engineering Construction Manager Tara Kivett said the area
impacted is from the crosswalk to Mandalay Avenue to Baymont Street and from
Baymont to the water. Poinsettia Avenue, between Papaya Street and Baymont Street,
was included in the original storm improvement project.
A concern was raised regarding a settling crosswalk on the southeast corner of
Baymont Street.
11. Planning
11.1 Continue Public Hearing and First Reading of Land Use Ordinance 8512-14 to
February 6, 2014.(LUP2013-10006/REZ2013-10006)
Continue Public Hearing and First Reading of Land Use Ordinance 8512-14 to
February 6, 2014: An ordinance of the City of Clearwater, Florida, amending the
future land use plan element of the comprehensive plan of the city, to change the
land use designation for certain real property located on the west side of US
Highway 19 approximately 445 feet north of Nursery Road, consisting of parcel
no. 19/29/16/00000/410/0700 and a portion of parcel 19/29/16/00000/410/0400,
Work session 2014-01-13 18
whose post office address is 18820, 18830, 18840, 18850 and 18860 US
Highway 19 N, Clearwater, Florida, from residential/office general (R/OG), to
commercial general (CG) and residential/office/retail (R/O/R); providing an
effective date. (LUP2013-10006/REZ2013-10006)
11.2 Continue Public Hearing and First Reading of Land Use Ordinance 8513-14 to
February 6, 2014. (LUP2013-10006/REZ2013-10006)
Continue Public Hearing and first reading of Land Use Ordinance 8513-14 to
February 6, 2014: An ordinance of the city of Clearwater, Florida, amending the
zoning atlas of the city by rezoning certain property located on the west side of
US Highway 19 approximately 445 feet north of Nursery Road, consisting of
parcel no. 19/29/16/00000/410/0700 and a portion of parcel
19/29/16/00000/410/0400, whose post office address is 18820, 188307 188407
18850 and 18860 US Highway 19 N, Clearwater, Florida; from office (0) to
commercial (C); providing an effective date. (LUP2013-10006/REZ2013-10006)
11.3 Continue Public Hearing and First Reading of Land Use Ordinance 8514-14 to
February 6, 2014. (LUP2013-08005/REZ2013-08004)
Continue Public Hearing and first reading of Land Use Ordinance 8514-14 to
February 6, 2014: An ordinance of the City of Clearwater, Florida, amending the
future land use plan element of the comprehensive plan of the City, to change
the land use designation for certain real property 2.13 acres located at the end of
Sabal Springs Drive, approximately 0.2 miles west of Countryside Boulevard,
consisting of a portion of section 29, township 28 south, range 16 east, whose
post office address is 2650 Sabal Springs Drive; from recreation/open space
(R/OS) to institutional (I); providing an effective date. (LUP2013-
08005/REZ2013-08004)
11.4 Continue Public Hearing and First Reading of Land Use Ordinance 8515-14 to
February 6, 2014. (LUP2013-08005/REZ2013-08004)
Continue Public Hearing and first reading of Land Use Ordinance 8515-14 to
February 6, 2014: An ordinance of the City of Clearwater, Florida, amending the
zoning atlas of the city by rezoning certain property 2.13 acres located at the end
of Sabal Springs Drive, approximately 0.2 miles west of Countryside Boulevard,
consisting of a portion of section 29, township 28 south, range 16 east, whose
post office address is 2650 Sabal springs dr.; from open space/recreation
(OS/R) to institutional (I); providing an effective date. (LUP2013-
08005/REZ2013-08004)
11.5 Approve the annexation, initial Future Land Use Map designations of Residential
Low (RL), Residential Medium (RM), Preservation (P), and Drainage Feature
Work session 2014-01-13 19
Overlay and initial Zoning Atlas designations of Low Medium Density Residential
(LMDR), Medium Density Residential (MDR), and Preservation (P) districts for
1881 Diane Drive; 1750 Evans Drive; 2719 and 2725 Morningside Drive; 1761
Owen Drive; 1801 Skyland Drive; 2743/2745 South Drive; 2751/2753 South
Drive; 1819 Carlton Drive; 2715 and 2718 Woodring Drive; and 1753 Lucas
Drive (all parcels are located in Section 05, Township 29 South, Range 16
East), together with certain abutting rights of way of: Morningside Drive,
Woodring Drive, Diane Drive, South Drive and Evans Drive; and pass
Ordinances 8530-14, 8531-14 and 8532-14 on first read ing.(ATA2013-11002)
The City of Clearwater Planning and Development Department identified an
area within the Clearwater Planning Area with a large concentration of
properties with Agreements to Annex (ATAs) that are eligible for annexation.
These properties are located east of U.S. Highway 19, north of State Road 590,
south of South Drive, and west of El Trinidad Drive. Subdivisions in this area
include Virginia Grove Terrace, Carlton Terrace, and Pinellas Terrace. The
Department identified 189 properties in this area that could be annexed through
a phased approach over several years, and to date 159 properties have been
annexed.
This application, which has been identified as Phase F of the overall annexation
project, includes 12 of the 189 properties. Current or previous owners of these
properties entered into ATAs between 1973 and 2011 to obtain sanitary sewer
service. The Planning and Development Department is initiating this project to
bring the properties into the City's jurisdiction in compliance with the terms and
conditions set forth in the agreements. The Phase F properties are occupied by
10 detached dwellings and two attached dwellings (4 units) on 2.35 acres of
land.
It is proposed that approximately 2.46 acres of right-of-way throughout this area
on Woodring Drive, Morningside Drive, Diane Drive, South Drive, and Evans
Drive right-of-way not currently within the city limits also be annexed (please
refer to the attached annexation map for the specific locations). It is proposed
that 11 properties be assigned a Future Land Use Map designation of
Residential Low (RL), and one property at 2743/2745 South Drive be assigned a
Future Land Use Map designation of Residential Medium (RM). A major
drainage ditch traverses four of these properties (2719 and 2725 Morningside
Drive, 1750 Evans Drive, and 1761 Owen Drive) for which the Preservation (P)
and Drainage Feature Overlay designations are proposed consistent with the
ditch boundaries. It is proposed that 11 parcels be assigned the zoning
designation of Low Medium Density Residential (LMDR) District with the
exception of the 2743/2745 South Drive property where it is proposed that the
parcel be assigned a zoning designation of Medium Density Residential (MDR).
Work session 2014-01-13 20
In addition, it is proposed that the aforementioned properties with the drainage
ditch also be assigned the Preservation (P) zoning category.
The Planning and Development Department has determined that the proposed
annexation is consistent with the provisions of Community Development Code
Section 4-604.E as follows:
• The properties currently receive sanitary sewer service from the City and
water service from Pinellas County. Collection of solid waste will be
provided by the City. The properties are located within Police District III
and service will be administered through the district headquarters located
at 2851 N. McMullen Booth Road. Fire and emergency medical services
will be provided to these properties by Station 48 located at 1700 Belcher
Road. The City has adequate capacity to serve the properties with solid
waste, police, fire and EMS service. Water service will continue to be
provided by Pinellas County. The proposed annexations will not have an
adverse effect on public facility levels of service; and
• The proposed annexation is consistent with and promotes the following
objectives and policy of the Clearwater Comprehensive Plan:
Policy A.7.1.3: Invoke agreements to annex where properties located within
enclaves meet the contiguity requirements of Florida Statutes Chapter 171.
Objective A.6.4: Due to the built-out character of the City of Clearwater, compact
urban development within the urban service area shall be promoted through
application of the Clearwater Community Development Code.
Objective A.7.2: Diversify and expand the City's tax base through the
annexation of a variety of land uses located within the Clearwater Planning
Area.
• The proposed Residential Low (RL), Residential Medium (RM),
Preservation (P), and Drainage Feature Overlay Future Land Use Map
categories are consistent with the current Countywide Plan designation of
the properties. The Residential Low (RL) designation primarily permits
residential uses at a density of five units per acre while the Residential
Medium (RM) designation primarily permits residential uses at a density
of 15 units per acre. The Preservation (P) and Drainage Feature Overlay
categories proposed to be applied to four properties recognize the
watershed and drainage features on the properties. The proposed zoning
districts to be assigned to the properties are the Low Medium Density
Residential (LMDR), Medium Density Residential (MDR), and
Preservation (P) Districts. The uses of the subject properties are
consistent with the uses allowed in the Low Medium Density Residential
(LMDR) and Medium Density Residential (MDR) Districts. However, the
property located at 2751/2753 South Drive is an existing duplex, and
Work session 2014-01-13 21
although the use is allowed through a Flexible Development Approval
within the Low Medium Density Residential (LMDR) District, the property
does not meet the minimum lot width requirement and the lot size does
not support the development of two units on the site based on the
underlying Residential Low (RL) Future Land Use designation.
The provisions of Community Development Code Article 6 Nonconformity
Provisions will apply to this property once annexed into the City.
There is a second attached dwelling (two units) located at 2743/2745, which
although it is an allowable use through a Flexible Development Approval in the
proposed Medium Density Residential (MDR) district, the parcel does not meet
the minimum lot width requirement or minimum lot area. The density is
supported by the underlying Residential Medium (RM) Future Land Use
designation and the lot size is consistent with the neighborhood character. All
other properties meet the minimum dimensional requirements of the Low
Medium Density Residential (LMDR) District; therefore, the proposed
annexation is consistent with the Countywide Plan, Clearwater Comprehensive
Plan, and Clearwater Community Development Code; and
• The properties proposed for annexation are contiguous to existing City
boundaries along at least one property boundary; therefore, the
annexations are consistent with Florida Statutes Chapter 171.044.
11.6 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 1944 Macomber Avenue (Lot 47, South
Binghampton Park Subdivision) together with all of the abutting right of way of
Macomber Avenue; and pass Ordinances 8527-14, 8528-14 and 8529-14 on first
reading. (ANX2013-11033)
This voluntary annexation petition involves a 0.136-acre property consisting of
one parcel of land occupied by a single-family dwelling. It is located on the
southwest corner of Macomber Avenue and State Street. 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 Planning and Development
Department is requesting that the abutting right of way of Macomber Avenue also
be annexed. 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).
Work session 2014-01-13 22
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 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 II and service will be administered
through the district headquarters located at 645 Pierce Street. Fire and
emergency medical services will be provided to this property by Station 51
located at 1720 Overbrook Avenue. The City has adequate capacity to serve this
property with sanitary sewer, solid waste, police, fire and EMS service. The
proposed annexation will not have an adverse effect on public facilities and their
levels of service; and
The proposed annexation is consistent with and promotes the following 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 north; therefore, the annexation is consistent with Florida Statutes Chapter
171.044.
12. City Manager
Work session 2014-01-13 23
12.1 Approve the Second Amendment to Business Lease Contract between the City
of Clearwater and Clearwater Marine Aquarium, Inc. for the lease of City-owned
Property, known as the Harborview Building, located at 320 Cleveland Street;
and authorize the appropriate officials to execute same. (consent)
The City and Clearwater Marine Aquarium, Inc. (CMA) entered into two Business
Lease Contracts for CMA's use of the Harborview Building on September 12,
2011 and on July 3, 2012 for the use of the middle and ground floors
respectively. Both lease contracts were intended to satisfy CMA's need for
additional space due to increased patronage resulting from the successful motion
picture, "Dolphin Tale." Both leases are scheduled to expire on March 11, 2014
with no further extension options.
On November 5, 2013, the City of Clearwater residents voted to approve a
referendum to amend the City Charter allowing the City to negotiate terms of a
lease for CMA to construct and operate a new aquarium on City Hall property.
With a lengthy planning process prior to the construction of a new aquarium,
CMA has requested an extension of both leases. The Second Amendment to
Business Lease Contract (Amendment) applies to both leases and will extend the
lease term. The Amendment will also expressly relieve the City of any and all
responsibility for repairs to the building. Notable terms and conditions of the
leases as amended are listed below:
Term: According to the proposed Amendment, the term shall expire 6 months
from the grand opening of the new Clearwater Aquarium to be built by the CMA
on the current City Hall property. The Memorandum of Understanding between
the City and CMA dated September 12, 2013 (MOU) contemplates that the lease
shall expire 60 days from the grand opening of the new aquarium. Additional
lease-extension provisions summarized below are consistent with the MOU. In
the event that the City and CMA fail to enter into a lease for the City Hall property
by June 1, 2015, then the Lease shall expire on January 1, 2016. Further, in the
event the CMA fails to have all funds necessary for the construction of the new
aquarium by August 1, 2016, then the Lease shall expire on January 1, 2017.
Building Repairs: The City and CMA understand that major systems of the
building are in an advanced state of age and may require repair or replacement
during the lease term. The City shall have no obligation for any repairs or
replacement. The CMA is responsible for any repairs and replacements or, at its
discretion, may terminate the lease.
Rent: Rent payments will continue pursuant to the existing leases. Rent
payments for the middle floor area were structured such that the CMA would
reimburse the City for capital improvements made by the City at the
commencement of the original lease. The City has recaptured 100% of these
Work session 2014-01-13 24
expenses and CMA is now responsible for parking and common area expenses
incurred by the City ($3,750/month). CMA pays the City approximately
$4.00/square foot for rent of the ground floor area ($21,256/year). The City may
terminate this lease with cause or if City Council determines that, the property is
needed for other municipal services. The CMA may terminate this lease at its
discretion.
In response to questions, Assistant City Manager Rod Irwin said the lease would expire
six months from the grand opening of the new aquarium to allow sufficient time for CMA
to transition to the new facility.
The City Attorney said the Memorandum of Understanding (MOU) states the lease
would expire sixty days from the grand opening.
A concern was expressed with the proposed amendment deviating from the MOU. Staff
was directed to take the item off the Consent Agenda.
13. Official Records and Legislative Services
13.1 Reappoint Judith McSwine to the Library Board with term to expire January 31,
2018. (consent)
There was consensus to reappoint Ms. McSwine.
13.2 Appoint Jerri Menaul to the Public Art and Design Board (Artist category) to fill
the remainder of the unexpired term until April 30, 2014. (consent)
There was consensus to appoint Jerri Menaul.
14. Legal
14.1 Adopt Ordinance 8497-14 on second reading, amending Beach By Design,
Section II, Future Land Use, Subsection F. Small Motel District by establishing
minimum side setbacks; amending Section V. Catalytic Projects, Subsection B.2
Hotel Density Reserve, to expand the criteria hotels must meet in order to be
eligible for an allocation of hotel rooms from the reserve; amending Section VII.
Design Guidelines, regarding rear and side setbacks.
14.2 Adopt Ordinance 8516-14 on second reading, annexing certain real property
whose post office address is 2071 The Mall, together with all abutting right-of-
way of Arbelia Street, into the corporate limits of the city and redefining the
boundary lines of the city to include said addition.
Work session 2014-01-13 25
14.3 Adopt Ordinance 8517-14 on second reading, amending the future land use plan
element of the Comprehensive Plan of the city to designate the land use for
certain real property whose post office address is 2071 The Mall, together with
all abutting right-of-way of Arbelia Street, upon annexation into the City of
Clearwater, as Residential Urban (RU).
14.4 Adopt Ordinance 8518-14 on second reading, amending the Zoning Atlas of the
city by zoning certain real property whose post office address is 2071 The Mall,
together with all abutting right-of-way of Arbelia Street, upon annexation into the
City of Clearwater, as Low Medium Density Residential (LMDR).
14.5 Adopt Ordinance 8519-14 on second reading, annexing certain real property
whose post office address is 1734 Kings Highway, together with all abutting
right-of-way of Kings Highway, into the corporate limits of the city and redefining
the boundary lines of the city to include said addition.
14.6 Adopt Ordinance 8520-14 on second reading, amending the future land use plan
element of the Comprehensive Plan of the city to designate the land use for
certain real property whose post office address is 1734 Kings Highway, together
with all abutting right-of-way of Kings Highway, upon annexation into the City of
Clearwater, as Residential Low (RL).
14.7 Adopt Ordinance 8521-14 on second reading, amending the Zoning Atlas of the
city by zoning certain real property whose post office address is 1734 Kings
Highway, together with all abutting right-of-way of Kings Highway, upon
annexation into the City of Clearwater, as Low Medium Density Residential
(LMDR).
14.8 Adopt Ordinance 8523-14 on second reading, amending the Community
Development Code to clarify and revise provisions and guidelines for property
located in the Tourist District on Clearwater Beach to provide consistency
between Beach By Design and the Community Development Code.
14.9 Adopt Ordinance 8534-14 on second reading, relating to the cost of certain
discharges with specific properties to the collection and treatment of wastewater;
amending Section 32.224, Clearwater Code of Ordinances to remove volume
criteria and add more definitive metering verbiage.
14.10 Adopt Ordinance 8535-14 on second reading, approving for MarineMax, Inc. an
exemption from certain ad valorem taxation.
The City Attorney said due to the Applicant's request for a continuance on Item 2.2,
Item 14.10 will be continued to February 6, 2014.
Work session 2014-01-13 26
14.11 Adopt Ordinance 8536-14 on second reading, approving for Skye Lane
Properties, LLC, a Heritage Insurance Company and Heritage Property and
Casualty Insurance Company, a Heritage Insurance Company, an exemption
from certain ad valorem taxation.
15. City Manager Verbal Reports — None.
16. Council Discussion Items
16.1 Transportation Subcommittee Report - Councilmembers Jonson and Hock-
DiPolito
Councilmember Bill Jonson said he and Councilmember Doreen Hock-DiPolito met with
the City Manager and Assistant City Manager Jill Silverboard this morning. It was
determined that the City should consider a resolution supporting Greenlight Pinellas,
similar to the one used by St. Petersburg. It was suggested that a representative
supporting and opposing the initiative be invited to speak prior to adopting the
resolution.
Discussion ensued regarding waiving the three-minute time limit for the speakers.
There was consensus to invite the proponent and opponent to speak for ten minutes at
a council meeting in February or March. The City Clerk was directed to schedule the
agenda item the same date Council will consider the resolution, no sooner than 7:00
p.m.
Staff was directed to draft a resolution similar to the one adopted by St. Petersburg.
Councilmember Jonson said the Subcommittee has scheduled a standing meeting for
thirty minutes prior to each work session to ensure communication is maximized
between their assigned regional boards.
17. Closing Comments by Mayor— None.
18. Adjourn
The meeting adjourned at 2:53 p.m.
Work session 2014-01-13 27