06/19/2014 City Council Meeting Minutes June 19, 2014
City of Clearwater
City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
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Meeting Minutes
Thursday, June 19, 2014
6:00 PM
Council Chambers
City Council
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City of Clearwater
City Council Meeting Minutes June 19, 2014
Rollcall
Present: 4 - Mayor George N. Cretekos, Vice Mayor Doreen Hock-DiPolito,
Councilmember Bill Jonson and Councilmember Hoyt Hamilton
Absent: 1 - 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, Nicole
Sprague - Official Records and Legislative Services Coordinator
To provide continuity for research, items are listed in agenda order although not necessarily
discussed
in that order.
Unapproved
1. Call to Order - Mayor George Cretekos
The meeting was called to order at 6:00 p.m. at City Hall.
2. Invocation - Rev. Eric Eichinger from Bethel Lutheran Church
3. Pledge of Allegiance - Councilmember Bill Jonson
4. Special recognitions and awards (Proclamations, service awards, or other
special recognitions) - Given.
4.1 Service Awards
One service award was presented to a city employee.
4.2 End of Session Report - The Honorable Larry Ahern, Florida House of
Representatives
4.3 Clearwater Regional Chamber AchieveHERs - Diane D. Stein, Member
Suzy Sofer and Diane Stein provided a PowerPoint presentation
reviewing the organization's mission and recent accomplishments.
5. Approval of Minutes
5.1 Approve the minutes of the May 15, 2014 and the June 4, 2014 City Council Meetings
as submitted in written summation by the City Clerk.
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City Council Meeting Minutes June 19, 2014
Councilmember Jonson moved to approve the minutes of the May
15, 2014 City Council Meeting as submitted in written summation
by the City Clerk. The motion was duly seconded and carried
unanimously.
Vice Mayor Hock-DiPolito moved to approve the minutes of the
June 4, 2014 City Council Meeting as submitted in written
summation by the City Clerk. The motion was duly seconded and
carried unanimously.
6. Citizens to be heard re items not on the agenda
Bill Youmans, Margaret Mann, Patricia Sjeime and Leslie Shade
expressed concerns regarding the location of the new Countryside
Library. Ms. Mann submitted a petition opposing the new library
location.
It was stated that relocating the Countryside library was discussed 18
months ago and included several public meetings, which were noticed at
the current library location.
Joseph Corvino said the City of Clearwater and Clearwater Marine
Aquarium were conducting private negotiations and expressed concern
that only the executive summary of the feasibility study has been made
public.
7. Consent Agenda - Approved as submitted.
7.1 Appoint Dan Carpenter to a four-year term as a Trustee of the Clearwater Firefighters'
Supplemental Trust Fund in accordance with Sec. 175.061 of the Florida State
Statutes. (consent)
7.2 Approve Architect of Record (AOR) contracts with seven firms, as listed, for a period
of five years commencing June 20, 2014 and authorize the appropriate officials to
execute same. (consent)
7.3 Award a Contract (Purchase Order) for$163,520.00 to Don Reid Ford of Orlando, FL,
for eight 2015 Ford Taurus sedans, in accordance with the Florida State Contract
071-000-14-1, 2.564(1)(d), Code of Ordinances - Other Governmental Bid; authorize
lease purchase under the City's Master Lease Purchase Agreement, or internal
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City Council Meeting Minutes June 19, 2014
financing via an inter fund 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)
7.4 Approve settlement of workers' compensation claim of Mr. Richard DeBord, for
payment of$220,750, inclusive, and authorize the appropriate officials to execute
same. (consent)
7.5 Request for authority to appeal an order denying the City's Motion for Summary
Judgment in the case of Sarita Merricks v. City of Clearwater and Jeffrey Adkisson
(Case No. 8:12-cv-01805-EAK-AEP). (consent)
7.6 Award five-year contracts (purchase orders) to Aquagenix/DeAngelo Brothers, Inc in
the amount of$308,378.25 for pond and channel maintenance and to Lake and
Wetland Management for mitigation site maintenance in the amount of$285,695.85
and authorize the appropriate officials to execute same. (consent)
7.7 Authorize filing of a lawsuit against defendants to include the estate and heirs of
deceased City of Clearwater employee Mitchell Arnold, to effect the distribution of
monies currently being held by the City, and authorize the appropriate officials to
execute same. (consent)
Councilmember Hamilton moved to approve the Consent Agenda
as submitted and authorize the appropriate officials to execute
same. The motion was duly seconded and carried unanimously.
Public Hearings - Not before 6:00 PM
8. Administrative Public Hearings
8.1 Approve a Development Agreement between Mainstream Partners VIII, LTD (the
property owner) and the City of Clearwater, providing for the allocation of 96 units
from the Hotel Density Reserve under Beach by Design; adopt Resolution 14-19, and
authorize the appropriate officials to execute same. (H6A2013-08005)
Site Location and Existing Conditions:
The 0.962-acre site is bound by Coronado Drive (west), Hamden Drive (east)
and 5th Street (south). The subject property is comprised of five parcels with a
frontage of approximately 180 feet along Coronado Drive and Hamden Drive.
The site is currently vacant. The subject property is zoned Tourist (T) District
with an underlying Future Land Use Plan (FLUP) category of Resort Facilities
High (RFH). The subject property is also located within the Small Motel District
of Beach by Design.
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The immediate area is characterized by a variety of uses including overnight
accommodation, retail, outdoor recreation and entertainment, restaurant and
attached dwelling uses with heights ranging from one to 15 stories. The
property directly north of this property is developed with an overnight
accommodation use. The City's Beach Walk project, to the west, has been
constructed transforming South Gulfview Boulevard to the north of this site into
a winding beachside promenade with lush landscaping, artistic touches and
clear views to Clearwater's award-winning beach and the water beyond.
Development Proposal:
The owners have demolished all existing structures on the site and propose to
utilize the otherwise permitted density of 50 units per acre or 48 units and
incorporate an additional 96 units from the Hotel Density Reserve through
Beach by Design resulting in a total of 144 units (150 units per acre).
The building will be 99.33 feet (from Base Flood Elevation) to flat roof with the
parking on the first four levels. The proposal includes a tropical modern
architecture, which is consistent with and complements the tropical vernacular
envisioned in Beach by Design.
Vehicular access will be provided at three points; access into the parking
garage will be provided with one two-way driveway each along Hamden Drive
and 5th Street. The third access point is a service driveway at the northwest
corner of the site. The access point along 5th Street consists of two driveways
with the eastern driveway providing an ingress/egress point for the parking
garage and ingress to a short drop-off area at the hotel entry exiting back onto
5th Street.
Consistency with the Community Development Code (CDC):
Minimum Lot Area and Width:
Pursuant to CDC Table 2-802, the minimum required lot area and width for an
Overnight Accommodation use is 20,000 square feet and between 100 and
150 feet, respectively. The subject property is 41,924 square feet in area and
approximately 180 feet wide. The site is consistent with these Code
provisions.
Minimum Setbacks:
The conceptual site plan depicts setbacks of 15 feet to building along the front
(east and west) along Hamden Drive and Coronado Drive, respectively and 10
and 15 feet along the sides (north and south, respectively). The proposed
setbacks may be approved as part of a Level Two (FLD) application, subject to
meeting the applicable flexibility criteria of the Community Development Code.
Maximum Height:
Section B of the Design Guidelines within Beach by Design specifically
addresses height. The proposal provides for a building 99.33 feet in height as
measured from BFE where a height of up to 100 feet is permitted as
prescribed by Beach by Design and as a Level Two (FLD) application, subject
to meeting the applicable flexibility criteria of the Community Development
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Code.
This section also requires that portions of any structures which exceed 100 feet
are spaced at least 100 feet apart. This section also includes overall
separation requirements for structures over 100 feet in height as two options:
(1) no more than two structures which exceed 100 feet within 500 feet; or (2)
no more than four structures which exceed 100 feet within 800 feet.
The proposal provides for a building which does not exceed 100 feet in height.
The height of the proposed building is consistent with the guidelines of Beach
by Design.
Minimum Off-Street Parkinq:
The 144-room overnight accommodation use requires a minimum of 173
off-street parking spaces. A parking garage located on the first four levels of
the building will provide 173 spaces. This is consistent with the applicable
Sections of the Community Development Code.
Landscapinq:
While a formal landscape plan is not required to be submitted for review at this
time, the conceptual landscape areas depicted on the site plan show that
foundation landscaping will be provided along all sides of the site. Since no
perimeter landscape buffers are required in the Tourist (T) District, the
proposed landscape areas meet or exceed what is required. It is noted,
however, that flexibility may be requested (as necessary) as part of a
Comprehensive Landscape Program which would be reviewed at time of
formal site plan approval.
Consistency with Beach by Design:
Design Guidelines:
A review of the provided architectural elevations and massing study was
conducted and the proposed building does appear to be generally consistent
with the applicable Design Guidelines established in Beach by Design. It is
noted, however, that a more formal review of these Guidelines will need to be
conducted as part of the final site plan approval process.
Hotel Density Reserve:
The project has been reviewed for compliance with those criteria established
within Beach by Design concerning the allocation of hotel rooms from the
Reserve. The project appears to be generally consistent with those criteria,
including that the development comply with the Metropolitan Planning
Organization's (MPO) countywide approach to the application of traffic
concurrency management for transportation facilities. The submitted Traffic
Impact Study concludes that traffic operations at nearby intersections and on
adjacent roadways would continue to operate at acceptable levels of service.
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Standards for Development Agreements:
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 96 units from the Hotel Density Reserve
or a maximum density of 150 units per acre;
• Requires the developer to obtain building permits and certificates of
occupancy in accordance with Community Development Code (CDC)
Section 4-407;
• Requires the return of any hotel unit obtained from the Hotel Density
Reserve that is not constructed;
• For units allocated from the Hotel Density Reserve, prohibits the
conversion of any hotel unit to a residential use and requires the recording
of a covenant restricting use of such hotel units to overnight
accommodation usage; and
• Requires a legally enforceable mandatory evacuation/closure covenant that
the hotel will be closed as soon as practicable after a hurricane watch that
includes Clearwater Beach is posted by the National Hurricane Center.
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.
Councilmember Jonson moved to approve a Development
Agreement between Mainstream Partners VIII, LTD (the property owner)
and the City of Clearwater, providing for the allocation of 96 units from
the Hotel Density Reserve under Beach by Design and authorize the
appropriate officials to execute same. The motion was duly seconded
and carried unanimously.
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Resolution 14-19 was presented and read by title only. Vice Mayor
Hock-DiPolito moved to adopt Resolution 14-19. The motion was
duly seconded and upon roll call, the vote was:
Ayes: 4 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember Jonson
and Councilmember Hamilton
8.2 Approve a Development Agreement between Decade Gulf Coast Hotel Partners, L.P.
and J.K. Gulfview LLC (the property owners) and the City of Clearwater, providing for
the allocation of 30 units from the Hotel Density Reserve under Beach by Design;
adopt Resolution 14-14, and authorize the appropriate officials to execute same.
(HDA2014-04002)
Site Location and Existing Conditions:
The 4.87-acre subject property is located on the south side of South Gulfview
Boulevard, between Hamden Drive and Bayway Boulevard with 467 feet of
frontage along South Gulf Boulevard and 600 feet of frontage along the
Clearwater Pass. The property spans two zoning districts including Tourist (T)
and Open Space/Recreation (OS/R) and one Future Land Use Plan (FLUP)
classification, Resort Facilities High (RFH). The subject property is also
located within the South Beach/Clearwater Pass District of Beach by Design.
The portion of the site within the T District is 3.908 acres and landward of an
existing seawall. The remainder of the site is submerged land and constitutes
0.962 acres. Only the portion of the site within the T District is considered with
regard to development potential such as Impervious Surface ratio (ISR), Gross
Floor Area (GFA) and density.
The property is not oriented due north/south and for the purposes of this
agenda item the property line along South Gulfview Boulevard will be referred
to as the north property line, the waterfront side as south and the other two
sides as east and west.
The immediate area is characterized by a variety of uses including overnight
accommodation, retail, outdoor recreation and entertainment, restaurant and
attached dwelling uses. The 440 and 450 West attached dwelling
condominiums towers are located to the west of the subject property and are
157 feet in height (each tower). Shephard's is located to the east of the site.
The City's Beach Walk project has been constructed transforming South
Gulfview Boulevard to the north of this site into a winding beachside
promenade with lush landscaping, artistic touches and clear views to
Clearwater's award-winning beach and the water beyond.
The property is used as a 189-unit overnight accommodation use and has a
valid Business Tax Receipt (BTR-0024076). The hotel units are located within
two buildings ranging between seven and nine stories. These two buildings
are located on the eastern two-thirds of the site. A 6,144 square-foot two story
conference center is located at the southeast corner of the site. Parking is
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provided via a mix of surface parking and structured, under-building parking. A
landscape buffer approximately three feet in width is provided along the north
property line adjacent to South Gulfview Boulevard. A public access easement
with sidewalk runs along the west side of the site. Access to the site is
provided from South Gulfview Boulevard via three two-way driveways with one
centrally located and one each at the northeast and northwest corners of the
site.
Site History:
➢ On January 18, 2005, the Community Development Board (CDB)
approved Cases FLD2004-04025/TDR2004-09011 for the Termination
of Status of Nonconformity for density to allow the continuation of an
existing 289-room/unit hotel (where 156 rooms/units were permitted at
the time); site plan approval of a mixed use development, as a
Comprehensive Infill Redevelopment Project and a Transfer of
Development Rights for two dwelling units from 850 Bayway Boulevard.
➢ Two minor amendments were approved by the Community
Development Coordinator on December 28, 2005 and April 5, 2006.
➢ On May 15, 2007, the CDB approved Case FLD2007-03008 to permit
the addition of a 6,144 square-foot conference center as an accessory
use to an existing hotel as a Comprehensive Infill Redevelopment
Project under the (then) provisions of Section 2-803.C.
All required time frames set for each of the above site plan approvals have
been met and the approvals are considered vested. It is important to note that
the Termination of Status of Nonconformity (TSN) request for density and the
Transfer of Development Rights (TDR) run with the land irrespective of the
status of any associated site plan approvals. It should also be noted that no
residential units were ever physically established on the property.
➢ On January 21, 2014, the CDB approved Case FLD2013-11038 to
permit a 314-room overnight accommodation use (including 189
existing units and 75 dwelling units converted to 125 overnight
accommodation units previously approved and transferred under
FLD2004-04025 and TDR2004-09011).
The abovementioned application (FLD2013-11038) has not been vested as
permits for site and/or building work have yet to be submitted. In addition,
should this request for additional density from the Reserve be approved by the
Council the site will need to be resubmitted to the CDB for approval due to the
increase in density.
In summary, the overall site plan for this site has been approved and
substantially implemented through a series of Flexible Development requests
over the last nine years.
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Development Proposal:
The owners propose to utilize the otherwise permitted density of 314 units and
incorporate an additional 30 units from the Hotel Density Reserve through
Beach by Design resulting in a total of 344 units (88 units per acre). It should
be reiterated that the only portion of the site which provides intensity of use is
the 3.908 acre portion within the T District.
The current proposal is to maintain the approved site plan and elevations and,
existing buildings. The additional density of 30 hotel units will be
accommodated within the recently approved western building. The proposed
building will be just less than 100 feet (from Base Flood Elevation) to flat roof
with parking on the first five levels. Since no portion of the building exceeds
100 feet in height separation requirements from other buildings greater than
100 feet in height as otherwise required by Beach by Design do not apply. The
materials and colors of the building will support its Mediterranean Revival
architectural style. The building will be painted four earth tones ranging from
brownish-gold to medium brown to shades of white. The building facades are
broken up with a variety of offsets, windows, balconies and rooflines. The
proposed hotel design is compatible with the surrounding uses and
complements the existing buildings on site. It will be located approximately 17
feet from the centrally-located building already on the site.
All parking for the hotel guests and employees is provided within the first five
floors of the building. Guest rooms begin on the third level. A total of 352
spaces are provided within the building. This differs slightly from the approved
site plans which included 346 spaces. The architect was able to modify
portions of the parking levels to gain an additional six spaces. An additional 61
spaces are provided elsewhere on the site either as surface parking or under
existing buildings bringing the total number of provided spaces to 413 or 1.2
parking spaces per hotel room where 1.2 spaces is required.
Consistency with the Community Development Code (CDC):
Minimum Lot Area and Width:
Pursuant to Table 2-803, CDC, the minimum required lot area for Overnight
Accommodations is between 10,000 and 20,000 square feet. The subject
property is 170,232 square feet in area landward of the seawall (zoned T
District). Pursuant to the same Table, the minimum lot width for overnight
accommodations can range between 100 and 150 feet. The lot width of this
site along South Gulfview Boulevard is 467 feet. The proposal is consistent
with these Code provisions.
Minimum Setbacks:
Pursuant to Table 2-803, CDC, the minimum required front setbacks for
Overnight Accommodations can range between zero and 15 feet, minimum
side setback between zero and 10 feet and minimum rear setback between
zero and 20 feet. In addition, Section 3-903, CDC, provides that parking lots
shall be set back from front property lines a distance of 15 feet, and shall be
set back from all other property lines a distance that is consistent with the
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required perimeter landscape buffer width. However, for properties within the
T District, the setback for parking lots shall be based a dimension consistent
with the existing/proposed building setback, or at a dimension consistent with
setbacks required or otherwise established by Beach by Design, whichever is
less. Section F of the Design Guidelines within Beach by Design provides that
all parking areas are to be separated from public rights-of-way by a landscaped
decorative wall, fence or other opaque landscape treatment of not less than
three feet and not more than 3.5 feet in height. Surface parking areas that are
visible from public streets or other public places must be landscaped such that
the parking areas are defined more by their landscaping materials than their
paved areas when viewed from adjacent properties. The required setback to
parking is therefore, three feet.
The approved site plan includes a front (north) setback of 15 feet (to building),
zero feet (to entry plaza paving) and three feet (to parking), a side (west)
setback of 15 feet (to building) and zero feet (to existing public access
sidewalk), a side (east) setback of 10 feet (to existing building) and zero feet
(to existing parking and dumpster enclosure), a rear (south) setback of 106
feet (to building). The proposal met the setback requirements of Table 2-803,
CDC, for Overnight Accommodations as well as the requirements of Section
3-903, CDC, and the applicable sections of Beach by Design.
Maximum Height:
Section B of the Design Guidelines within Beach by Design specifically
addresses height. This section requires specific requirements for building and
portions of building which exceed 100 feet in height.
Pursuant to Table 2-803, CDC, the maximum height for Overnight
Accommodations is between 35 and 100 feet. As examined in detail, above,
Beach by Design provides further clarification as to the circumstances under
which height may be increased to 150 feet. The proposed building height of
just less than 100 feet to the top of the roof deck (113 to mid-point of peaked
roof screening for elevator and other mechanical equipment) is consistent with
this CDC section and with the guidelines of Beach by Design.
Minimum Off-street Parking:
Pursuant to Table 2-803, CDC, the minimum off-street parking requirement for
Overnight Accommodations is between one and 1.2 spaces per unit (between
344 and 413 spaces). A total of 413 (1.2 spaces per unit) are to be provided
within the first five floors of the proposed building, under existing buildings and
via surface parking spaces. The proposal is therefore consistent with the Code
provisions of Article 2 Division 8 and Beach by Design and no flexibility from
the Code is necessary.
Landscaping:
Pursuant to Section 3-1202.D., CDC, there are no perimeter buffers required in
the T District for this site. This proposal meets the required minimum five-foot
wide foundation planting along the north side of the building. The proposal
also includes a perimeter landscape buffer approximately three to five feet in
width along the north side of the site. The landscape design incorporates plant
material that is native and/or naturalized and salt tolerant, while providing
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visual interest. It should be noted that the proposal is consistent with Section F
of the Design Guidelines of Beach by Design which provides that surface
parking be buffered with landscaping at least three feet in width and 3.5 feet in
height. The CDC requires that at least 10 percent of the vehicular use area be
dedicated to landscaped area where just over 10 percent is provided.
Pursuant to Section 3-1202.8., CDC, up to 75 percent of required shade trees
may be provided with palm trees where no shade trees are proposed. The
proposal received relief from this requirement through the inclusion of a
Comprehensive Landscape Program pursuant to Section 3-1202.G., CDC.
Consistency with Beach by Design:
Design Guidelines:
A thorough review of the provided architectural elevations and massing study
was conducted as part of the most recent Flexible Development review
process and the proposed building was found by the CDB to be consistent with
the applicable Design Guidelines established in Beach by Design.
Hotel Density Reserve:
The project has been reviewed for compliance with those criteria established
within Beach by Design concerning the allocation of hotel rooms from the
Reserve. The project appears to be generally consistent with those criteria,
including that the development comply with the Metropolitan Planning
Organization's (MPO) countywide approach to the application of traffic
concurrency management for transportation facilities. The submitted Traffic
Impact Study concludes that traffic operations at nearby intersections and on
adjacent roadways would continue to operate at acceptable levels of service.
Standards for Development Agreements:
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 30 units from the Hotel Density Reserve or a
maximum density of 88 units per acre;
• Requires the developer to obtain building permits and certificates of
occupancy in accordance with Section 4-407, CDC;
• 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.
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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.
Planner Mark Parry said the development agreement has been
amended to include restrictions on amplified music. The City Attorney
said the Developer amended the agreement to include "developable"to
the description of the 3.908 acres. The new hotel project consists of
155 limited service units, with 30 units from the hotel density reserve.
Councilmember Hamilton moved to approve a Development Agreement
between Decade Gulf Coast Hotel Partners, L.P. and J.K. Gulfview LLC
(the property owners) and the City of Clearwater, providing for the
allocation of 30 units from the Hotel Density Reserve under Beach by
Design and authorize the appropriate officials to execute same. The
motion was duly seconded and carried unanimously.
Resolution 14-14 was presented and read by title only.
Councilmember Jonson moved to adopt Resolution 14-14. The
motion was duly seconded and upon roll call, the vote was:
Ayes: 4 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember Jonson
and Councilmember Hamilton
8.3 Approve the annexation, initial Future Land Use Map designation of Residential Urban
(RU) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR)
District for 1234 Palm Street located on the north side of Palm Street, approximately
550 feet east of Douglas Avenue; and pass Ordinances 8567-14, 8568-14 and
8569-14 on first reading. (ANX2014-04008)
This voluntary annexation petition involves a 0.141-acre property consisting of
one parcel of land occupied by a single-family dwelling. It is located on the
north side of Palm Street, approximately 550 feet east of Douglas Avenue. The
applicant is requesting annexation in order to receive solid waste service from
the City, and will connect to City sewer when it is available in the future, as part
of the City's Idlewild/The Mall Septic-to-Sewer Project. The property is
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contiguous to existing city boundaries to the east. It is proposed that the
property be assigned a Future Land Use Map designation of Residential Urban
(RU) and a Zoning Atlas designation of Low Medium Density Residential
(LMDR).
The Planning and Development Department determined that the proposed
annexation is consistent with the provisions of Clearwater Community
Development Code Section 4-604.E as follows:
• The property currently receives water service from the City. Collection
of solid waste 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 the property by Station 51 located at 1720
Overbrook Avenue. The City has adequate capacity to serve the
property with sanitary sewer, solid waste, police, fire and EMS service.
The proposed annexation will not have an adverse effect on public
facilities and their levels of service; and
• The proposed annexation is consistent with and promotes the following
objectives 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 the
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
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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 east; therefore, the annexation is consistent with
Florida Statutes Chapter 171.044.
Vice Mayor Hock-DiPolito moved to 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 1234 Palm Street located on the north side of Palm Street,
approximately 550 feet east of Douglas Avenue. The motion was duly
seconded and carried unanimously.
Ordinance 8567-14 was presented and read by title only.
Councilmember Hamilton moved to pass Ordinance 8567-14 on
first reading. The motion was duly seconded and upon roll call, the
vote was:
Ayes: 4 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember Jonson
and Councilmember Hamilton
Ordinance 8568-14 was presented and read by title only.
Councilmember Jonson moved to pass Ordinance 8568-14 on first
reading. The motion was duly seconded and upon roll call, the
vote was:
Ayes: 4 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember Jonson
and Councilmember Hamilton
Ordinance 8569-14 was presented and read by title only. Vice
Mayor Hock-DiPolito moved to pass Ordinance 8569-14 on first
reading. The motion was duly seconded and upon roll call, the
vote was:
Ayes: 4 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember Jonson
and Councilmember Hamilton
9. City Manager Reports
9.1 Amend the City's fiscal year 2013/14 Operating and Capital Improvement Budgets at
midyear and pass Ordinances 8571-14 and 8572-14 on first reading.
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City of Clearwater
City Council Meeting Minutes June 19, 2014
The fiscal year 2013/14 Operating and Capital Improvement Budgets were
adopted in September 2013 by Ordinances 8476-13 and 8477-13. Section
2.521 of the City's Code of Ordinances requires the City Manager to prepare a
quarterly report detailing income, expenditure estimates, collections, the
explanation of significant variances, as well as the financial status of all capital
improvement projects. Staff has provided a memorandum and an
accompanying report that outline the issues at midyear requiring amendment.
Councilmember Hamilton moved to amend the City's fiscal year
2013/14 Operating and Capital Improvement Budgets at midyear.
The motion was duly seconded and carried unanimously.
Ordinance 8571-14 was presented and read by title only.
Councilmember Jonson moved to pass Ordinance 8571-14 on first
reading. The motion was duly seconded and upon roll call, the vote
was:
Ayes: 4 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember Jonson
and Councilmember Hamilton
Ordinance 8572-14 was presented and read by title only. Vice
Mayor Hock-DiPolito moved to pass Ordinance 8572-14 on first
reading. The motion was duly seconded and upon roll call, the vote
was:
Ayes: 4 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember Jonson
and Councilmember Hamilton
9.2 Authorize the negotiated sale of not to exceed $5,475,000 Gas System Revenue
Refunding Bonds, Series 2014 and adopt Resolution 14-20.
Currently there is outstanding $5,325,000 par value of Gas System Revenue
Refunding Bonds, Series 2005, with maturities in years 2015 - 2025 and
interest rates ranging from 3.70% to 4.375% that are callable on September 1,
2014. Current bond market conditions present an opportunity to refinance
these bonds to achieve a present value savings of approximately $624,375
(11.73%).
The City's debt management policy states, "As a general rule, the present
value savings of a particular refunding should exceed 5%."
In anticipation of the refunding, the City through its Financial Advisor, Stifel,
Page 16
City of Clearwater
City Council Meeting Minutes June 19, 2014
Nicolaus & Company, Inc., issued an RFP soliciting proposals from qualified
investment companies to provide a bank loan source of funds instead of the
more traditional bond transaction for this refunding, which has resulted in a
lower cost (greater savings) opportunity. A comparable bond transaction would
have yielded only approximately a 6.5% savings.
This resolution authorizes the negotiated sale of not to exceed $5,475,000 par
value at an interest rate of 2.67% of Gas System Revenue Refunding Bonds,
Series 2014, to TD Bank, N.A., the firm submitting the most favorable
response to the RFP.
Councilmember Hamilton moved to authorize the negotiated sale of not
to exceed $5,475,000 Gas System Revenue Refunding Bonds, Series
2014. The motion was duly seconded and carried unanimously.
Resolution 14-20 was presented and read by title only.
Councilmember Jonson moved to adopt Resolution 14-20. The
motion was duly seconded and upon roll call, the vote was:
Ayes: 4 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember Jonson
and Councilmember Hamilton
9.3 Authorize the negotiated sale of not to exceed $5,500,000 Stormwater System
Revenue Refunding Bonds, Series 2014 and adopt Resolution 14-21.
Currently there is outstanding $5,350,000 par value of Stormwater System
Revenue Refunding Bonds, Series 2005, with maturities in years 2015 -2029
and interest rates ranging from 3.625% to 4.50% that are callable on
November 1, 2014. Current bond-market conditions present an opportunity to
refund these bonds to achieve a present value savings of approximately
$545,625 (10.20%).
The City's debt management policy states, "As a general rule, the present
value savings of a particular refunding should exceed 5%."
In anticipation of the refunding, the City through its Financial Advisor, Stifel,
Nicolaus & Company, Inc., issued an RFP soliciting proposals from qualified
investment companies to provide a bank loan source of funds instead of the
more traditional bond transaction for this refunding, which has resulted in a
lower cost (greater savings) opportunity. A comparable bond transaction would
have yielded only approximately a 6.5% savings.
This resolution authorizes the negotiated sale of not to exceed $5,500,000 par
value at an interest rate of 2.72% of Stormwater System Revenue Refunding
Bonds, Series 2014, to TD Bank, N.A., the firm submitting the most favorable
response to the RFP.
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City of Clearwater
City Council
Meeting Minutes June 19, 2014
Vice Mayor Hock - DiPolito moved to authorize the negotiated sale of not
to exceed $5,500,000 Stormwater System Revenue Refunding Bonds,
Series 2014. The motion was duly seconded and carried unanimously.
Resolution 14 -21 was presented and read by title only.
Councilmember Hamilton moved to adopt Resolution 14 -21. The
motion was duly seconded and upon roll call, the vote was:
Ayes: 4 - Mayor Cretekos, Vice Mayor Hock - DiPolito, Councilmember Jonson
and Councilmember Hamilton
10. City Attorney Reports - None.
11. Closing comments by Councilmembers (limited to 3 minutes)
Councilmember Jonson thanked Representative Ahem for coming this
evening and thanked Vice Mayor Hock - DiPolito for her comments which
clarified that the MPO does not have the authority to prioritize county
projects. He spoke with Representative Hooper who mentioned that the
FDOT District Secretary has ordered additional evaluation of the Belcher
Road and Gulf to Bay Boulevard intersection. Councilmember Jonson
said he will be attending the Florida League of Cities Annual Conference
in August and will be asking Council for unused travel budget.
12. Closing Comments by Mayor
13. Adjourn
Attest
Mayor Cretekos reviewed recent and upcoming events and urged all not
to jaywalk and be safe when swimming.
The meeting adjourned at 7:07 p.m.
— ¢ortt nCl' Al.6c
Mayor
City of Clearwater
City of Clearwater