08/15/2006
CITY COUNCIL WORKSESSION MINUTES
CITY OF CLEARWATER
August 15, 2006
Present: Frank Hibbard Mayor
Carlen Petersen Vice-Mayor
Hoyt P. Hamilton Councilmember
William C. Jonson Councilmember
John Doran Councilmember
Also present: William B. Horne II City Manager
Garry Brumback Assistant City Manager
Rod Irwin Assistant City Manager
Pamela K. Akin City Attorney
Cynthia E. Goudeau City Clerk
Brenda Moses Board Reporter
The Mayor called the meeting to order at 9:00 a.m. at City Hall.
To provide continuity for research, items are in agenda order although not
necessarily discussed in that order.
Presentations
Service Awards
Six service awards were presented to City employees.
Brenda Patrick, Gas Department, was presented the August 2006 Employee of the
Month award.
State Legislative Session Report - Rep. Frank Farkas
Representative Frank Farkas reviewed the 2006 State Legislative Session.
The Council recessed from 9:31 to 10:23 a.m. to meet as the Community
Redevelopment Agency and Pension Trustees.
Marine and Aviation
Adopt Resolution 06-45 authorizing a Third Addendum to the commercial and private dock
permits for storage of vessels at all City dock facilities, involving House Bill 7175 to protect
marina property during storms and related additional requirements.
The Florida House of Representatives passed House Bill 7175 giving marina operators
the right to “take reasonable actions to further secure any vessel, within the marina, to minimize
damage to a vessel and to protect marina property, private property and the environment.” The
law allows marina operators to charge a reasonable fee for such services, provided language to
this effect is added to tenant dock agreements.
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Staff wishes to exercise the option to charge tenants who cannot or do not respond to
calls asking them to secure their boats when notified of approaching storms. The City requires
commercial tenants to carry $500,000 in liability insurance with the City as additional insured.
Staff wants to require both commercial and private tenants to carry $10,000 in property damage,
with the City as additional insured. This is the maximum amount Boat U.S. Insurance company
will pay for damage to docks in the event of storm damage. Finally, staff wishes to require
tenants to keep their vessels in operating condition. The dock permits state that vessels shall
be kept in seaworthy condition. This does not mean the vessel is able to operate if staff
requires the owner to remove it from City docks. A boat being seaworthy means the boat floats;
it does not mean the engine runs.
Along with their invoices for August, all tenants were sent a letter dated July 21, 2006,
informing them that the City Legal Department representative was reviewing the legislation to
incorporate its language as an addendum to all dock permits. They also were informed that an
insurance requirement would be included to provide coverage for damage done to City property.
In response to questions, Marine & Aviation Director Bill Morris said this change should
not increase commercial tenant insurance costs significantly.
Engineering
Approve payment to JMC Design & Development, Inc. (JMC), in the amount of $157,337.50 for
the construction of the San Marco Stormwater Improvements.
On January 20, 2005, the City Council passed Resolution 05-04 and approved a
development agreement (item 9.3) between CBR Development I, LLC and CBR Development II,
LLC (Sandpearl) and the City of Clearwater. As part of the agreement, the developer was
authorized to design and construct storm drainage improvements for the City in the San Marco
Street right-of-way in accordance with the approved site plan (Section 5.04 of the Development
Agreement). Additionally, the City agreed to reimburse the Developer for all reasonable design
and construction costs for the San Marco Drainage Improvements.
CBR Development I, LLC and CBR Development II, LLC, contracted with JMC to design
and construct the storm drainage improvements for the City. The design and construction of
said improvements are now complete and JMC is seeking payment. As-builts are to be
received after completion of the Sandpearl project.
In response to a question, Engineering Director Mike Quillen said this is a first step to
address area drainage issues during high tides and significant rain events. The City is
transitioning from a pump station to a gravity flow system.
Legal
Adopt Ordinance 7672-06 on second reading, submitting to the city electors a proposed
amendment to the City Charter amending Section 2.01(d)(6), to permit construction, operation,
and maintenance of city-owned boat slips, docks, moorings, promenade and boardwalk,
Council Work Session 2006-08-15 2
together with restrooms and dockmaster offices and associated surface parking on certain city-
owned property on the downtown waterfront.
The City of Clearwater has experienced a loss of wetslips and drystacks due to private
redevelopment. The Pinellas County Boating Access Task Force documented a loss of 341
wetslips and 960 drystack racks in Pinellas County from 1996 to 2005. The City Marina waiting
list has been capped and demand for boat slips continues to grow.
The Downtown Plan contemplates and encourages boat slips, docks and promenades
on the waterfront, and provision for such facilities is consistent with said Plan as well as the City
of Clearwater's Comprehensive Plan. Pursuant to direction from the City Council, a feasibility
study was conducted and the results were presented at the July 18, 2006 Council meeting. A
referendum election is necessary to amend the Charter to allow for the building and
maintenance of such amenities.
Discussion ensued with recommendations that this referendum issue be rescheduled to
March 2007. Concerns were expressed that more time is needed to educate residents regarding
the downtown boat slips proposal.
Consensus was to table this item.
Council Discussion Items
Provide Direction on Proposed Amendments to the Countywide Rules Addressing Transient
Accommodation Uses.
The PPC is proposing revisions to the Countywide Rules that will increase the allowable
density of overnight accommodations throughout the County. The latest proposal is scheduled
for discussion at a joint meeting of the PPC, the Countywide Planning Authority (CPA) and the
Tourist Development Council (TDC) on August 29, 2006. The PPC also plans to have a public
hearing on the amendments in September. The Planning Department is seeking direction from
the City Council on the proposed revisions summarized below.
The proposed amendments would: ·Increase the transient accommodation use multiplier
from 1.67 transient accommodation units for every permanent residential unit to between 2.5 –
5.0 transient accommodation units per residential unit depending on parcel size and future land
use plan category; Require transient accommodations to comply with density and floor area
ratio (FAR) standards; Decrease impervious surface ratio (ISR) standards; Impose new
requirements clarifying the occupancy of transient accommodation uses; Require certain
operational characteristics be met; and Require local governments to use the Metropolitan
Planning Organization’s (MPO) approach in determining transportation impacts.
The Planning Department supports increasing allowable densities for transient
accommodations. It is concerned, however, that the proposed revisions to the Countywide
Rules may not produce the desired outcome of new hotel development on Clearwater beach.
Of particular concern is the relationship between parcel size thresholds and allowable density,
FAR and ISR. Even though the proposal allows greater densities, it will require larger parcels.
The result will be higher land costs, which is a major impediment to hotel development.
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Planning Director Michael Delk said staff supports an urban model, with more units on
smaller properties and offsite parking in some areas. Staff is aware that densities in high
velocity zones, evacuation, and infrastructure issues need to be addressed. Assistant City
Manager Garry Brumback said staff had gathered input on this issue from beach hoteliers and
wants to influence the PPC proposal to allow additional beach hotel units.
Discussion ensued regarding commercial property insurance rates and taxes, allowable
densities, and evacuation efforts. Support was expressed for ensuring that the final product is
favorable to City needs and that the process does not compensate those who overpaid for
property. It was stated that room sizes and amenities will affect the mass of hotel projects.
Mr. Delk said to meet City objectives, staff supports a model that differs from the PPC
proposal. He said specifics such as room size, etc. can be addressed in the future. Maximum
densities will be established for each community.
Consensus for this to be on Thursday’s agenda.
Other Council Action
Councilmember Doran said the Beach Gazette had printed an incorrect time for the City
Council Special Budget meeting on September 5, 2006. The meeting is at 6:00 p.m.
Adjourn
The meeting adjourned at 11:52 a.m.
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