11/03/2014 Council Worksession Meeting Minutes November 3, 2014
City of Clearwater
City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
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Meeting Minutes
Monday, November 3, 2014
1 :00 PM
Council Chambers
Council Worksession
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City of Clearwater
Council Worksession Meeting Minutes November 3, 2014
Roll Call
Present 5 - Mayor George N. Cretekos, Vice Mayor Doreen Hock-DiPolito,
Councilmember Bill Jonson, Councilmember Hoyt Hamilton and
Councilmember Jay E. Polglaze
Also Present —William B. Horne 11 — City Manager, Jill Silverboard —Assistant City
Manager, Rod Irwin —Assistant City Manager, Pamela K. Akin - City
Attorney, Rosemarie Call - City Clerk, and Nicole Sprague - Official
Records and Legislative Services Coordinator
To provide continuity for research, items are listed in agenda order although not necessarily
discussed in that order.
1. Call to Order— Mayor Cretekos
The meeting was called to order at 1:00 p.m. at City Hall.
2. Presentations — Given.
2.1 Police Oaths
The City Clerk administered the Oath of Office to Officers Jose Alfredo
Medina, Fredrick Terrill Lise, Joseph Edward May, Winter Jo Hartman,
Ashley Lynn Hinkebein, Austin Nicholas Pullaro, Richard Louis Rodrigues,
Roderick Marcel Wilson, Jr., and Tyler Joseph Rydlewski.
The Council recessed from 1:04 p.m. to 1:15 p.m. to meet as the Community
Redevelopment Agency.
3. City Manager
3.1 Performance Measurement Project Update (WSO)
Staff presented City Council a work plan in November 2013 tied to the
Strategic Goal to Provide Cost Effective Municipal Services and Infrastructure,
particularly noted within the Quality objective that will we continuously measure
and improve our performance. Staff recommended an internal path for
defining measurements, using in-house resources rather than an external
system, like the Florida Benchmarking consortium that the City had used to
some limited degree in the past.
Over the last year, staff completed steps identified for Performance
Measurement and is finalizing measures for public output consistent with the
timeframe provided in 2013. Staff has identified public facing measures for 8
of the 17 departments. Staff looked at measures used in other communities,
reviewed all the department's internal measures and citizen survey results to
decide that these are the measures most important to share with the
community. Twenty-five output measures have been identified across the
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Fire/Rescue, Police, Finance and Budget, Parks and Recreation, Library, Public
Utilities and Solid Waste departments.
In addition to initiating the output of measures, staff will be rolling out two
additional items related to the Performance Measurement tasks identified last
year, as follows:
1. Opengov - The City has subscribed to an open budget, transparency
program used by many communities throughout the country (150
communities in 30 states) that will provide line item expenditure detail
by department, by program (cost center) function, on a monthly (live)
basis. Opengov will allow the public to view, search and compile data
across various expenditure categories. Internally, our managers will be
able to view trends and monitor actual spending compared to budget
without having to wait for in-house production of monthly reports.
Staff will provide a live demonstration of the Opengov product at the
November 3, 2014 Council Worksession. Implementation will be
underway, but will require a number of additional, incremental steps
before the platform will be completely live to the public.
2. ICMA (International City/County Management Association) Insights -As
discussed with Council last year, ICMA has revised and enhanced its
performance measurement analytics platform, which was launched in
September 2014. Staff is moving forward with subscribing to ICMA Insights
for less than the City's annual investment with the Florida Benchmarking
Consortium. ICMA's platform will provide comparative data and analytics by
various criteria (i.e., population or coastal communities) across 900
performance metrics.
Assistant City Manager Jill Silverboard, Senior Systems Programmer Shaun
Cunningham, and IT Director Dan Mayer provided a PowerPoint
presentation.
In response to questions, Ms. Silverboard said the selected output measures
correlate with the Citizens Survey results as most important. The IT Steering
Committee will review and vet the measures to determine which measures
should be used. The output measures are not static and will be refined in the
subscription mode. Ms. Silverboard said Council may provide feedback to the
City Manager on measures that should be considered. The City Manager will
ultimately decide which measure will be used for each department.
Mr. Mayer said the City Analytics App allows departments to enter the number
of output measures as desired. Ms. Silverboard said sports tourism is a unique
output measure for Clearwater due to the ongoing relationship with the
Phillies. Other cities may not measure sports tourism the way Clearwater
does. Considerations for renovating the Municipal Services Building to include
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a one-stop Planning Service Center have been shelved until the City Hall
Replacement Project has been determined, as it may include the co-location
and relocation of certain departments.
The City Manager said staff is identifying output measures that reflect the
Council's strategic direction. The ICMA component will address Council's
interest in comparing Clearwater to other municipalities.
4. Finance
4.1 Approve payment to reimburse Water and Sewer Enterprise Fund for emergency
repairs made to the East Wastewater Pollution Control Plant in the amount of
$37,386.42, per Claim 14000327, and authorize the appropriate officials to execute
same. (consent)
On July 15, 2014, the City of Clearwater's East Wastewater Pollution Control
Plant was struck by lightning. It damaged electrical equipment throughout the
plant. The control room PCS power supply was damaged and the cost to repair
it was $21,677.79. There were also chart printers and monitors damaged at a
cost of$15,708.63. Total reimbursement requested is $37,386.42.
The City's Risk Management Division and City's Claims Committee
recommend approval.-
Funding for the payment of this settlement is available in the budget for claims
expense in the Central Insurance Fund.
Total Cost $37,386.42, to reimburse Water and Sewer Enterprise Fund for
emergency repairs due to lightning strike at the East Wastewater Pollution
Control Plant.
APPROPRIATION CODE AND AMOUNT:
0590-07000-545800-519-000-0000 $37,386.42
4.2 Amend Ordinances 3674-84 and 6915-01, providing changes to Reserve
Requirements for future Water and Sewer revenue bonds and other updates to the
ordinances; and pass Ordinance 8620-14 on first reading.
The City's Bond Counsel and Financial Advisor have recommended changes
to the City's 1984 and 2001 ordinances governing Water and Sewer revenue
bond issuances, in order to allow the flexibility to meet market requirements for
future issuances.
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Currently Ordinances 3674-84 and 6915-01 include Reserve Requirements for
a debt service reserve fund equal to the maximum annual debt service on all
outstanding Water and Sewer bonds (currently $13.8 million in reserve), and
consent from two-thirds of the outstanding bondholders to make any significant
revisions to the bond covenants.
Current markets often do not require debt service funds on Water and Sewer
debt with similar credit ratings to those of the City. These amendments would
allow the City to decide whether debt service reserve funds are necessary for
future bond issuances on a series-by-series basis, potentially allowing the City
to significantly reduce or even eliminate the current $13.8 million reserve over
time.
Additional changes recommended by the City's financial advisor provide more
flexibility as it relates to Balloon Bonds (often seen as part of a bank loan) and
Variable Rate Bonds in the future if warranted. If the City were to consider
these alternative bond types in the future, it would come back to Council for
approval.
These amendments are considered significant and consequently would not
become effective until cumulative bondholders under this new ordinance
represent two-thirds of all outstanding bondholders.
APPROPRIATION CODE AND AMOUNT:
No budgetary impact
5. Parks and Recreation
5.1 Approve the acquisition of real property located at 421 McMullen Booth Road through
a public auction conducted by the Pinellas County Clerk of the Circuit Court; approve
a not-to-exceed amount of$215,000 for bidding purposes with total expenditures not
to exceed $235,000; establish a new CIP entitled Park Land Acquisition
(CIP315-93133), in the amount of$235,000; transfer funds from Recreation Land
impact fees at first quarter to cover this purchase; and authorize appropriate officials
to execute instruments required to affect closing. (consent)
A privately owned parcel of land located at 421 McMullen Booth Road has
been foreclosed and is scheduled for sale by public auction on November 12.
The property is improved with a single family residential structure. The parcel
would be a strategic acquisition for the City's Parks and Recreation
Department.
This parcel is adjacent to the Del Oro Park and the Ream Wilson Trail's
McMullen Booth Overpass. This parcel will provide for both parking and a
trailhead for the Ream Wilson Trail and the Courtney Campbell Causeway Trail
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(less than 1 mile away). It will also serve as much needed overflow parking for
Del Oro Park and Eddie C. Moore Softball Complex.
Funding for future parking and trailhead amenities will come from Penny funds
in Bicycle Paths (CIP315-93272) in Fiscal Year 2016/17.
Staff has obtained a title commitment on the property showing that conditions
with respect to title are acceptable. An appraisal was performed on the
property by Nash and Associates Appraisal Services, Inc. The appraised value
of$215,000 is equal to the not-to-exceed bid amount requested by staff. Total
expenditures not to exceed $235,000 include the bid price along with typical
closing costs, fees associated with the auction process, title insurance and
demolition of the existing structure.
The estimated expenses are as follows:
Not to exceed purchase price (appraised value) $215,000
Registry of Court Fee (3% of purchase price) $6,450
Electronic auction fee $49
Title Insurance $1,150
Appraisal $350
Other closing costs $2,000
Demolition $10,000
TOTAL EXPENDITURES NOT TO EXCEED $234,999
This item supports the City's Strategic Vision to provide quality facilities (Ream
Wilson Trail, Del Oro Park) and provide safe access for persons using the trail
systems in Clearwater.
APPROPRIATION CODE AND AMOUNT:
A first quarter budget amendment will transfer$235,000 of Recreation Land
impact fees from the Special Development Fund into project 315-93133 Park
Land Acquisition to fund this contract.
6. Police Department
6.1 Approve an agreement between the City of Clearwater and the School Board of
Pinellas County, Florida providing for the continuation of the School Resource Officer
(SRO) program at Clearwater High School, Countryside High School and Oak Grove
Middle School for a one-year period commencing July 1, 2014 through June 30, 2015
and authorize the appropriate officials to execute same. (consent)
Under the terms of the one-year agreement between the School Board of
Pinellas County and the City of Clearwater, the City will provide law
enforcement and related services to Clearwater High School, Countryside High
School and Oak Grove Middle School during the regular school year. The
assigned officers (one per school) will provide instruction in law education, will
serve as resource persons, conduct investigations, provide security and
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maintain the peace, make arrests and provide support services as necessary.
The annual cost of salaries and benefits of three officers over the one-year
period will be $311,121.15. Total annual reimbursement from the School
Board will be $52,749 for each officer, for a total reimbursement of$158,247,
reflecting a 2.5% increase in reimbursement to the City for SRO services
during the 2014/2015 contract period.
A first quarter budget amendment will transfer the difference of$152,874.15
from the Special Law Enforcement Trust Fund(SLEF), special project
181-99331 to special project 181-99264, School Resource Officers.
Sufficient funding will be available in special project 181-99264, School
Resource Officers, for total funding of$311,121.15.
The cost incurred by the Police Department is offset by the benefit of the
program to the community and the Police Department. The Police Department
has maintained a good working relationship with the School Board. School
Resource Officers have been assigned to Clearwater High School since
January 1, 1985 and Countryside High School since January 1, 1986 and Oak
Grove Middle School since August 27, 2007.
The School Resource Officer agreement is available for review in the Office of
Official Records and Legislative Services.
APPROPRIATION CODE AND AMOUNT:
A first quarter budget amendment will transfer the difference of$152,874.15
from the Special Law Enforcement Trust Fund(SLEF), special project
181-99331 to special project 181-99264, School Resource Officers.
In response to a question, Clearwater Police Chief Dan Slaughter said
Clearwater Fundamental does not utilize SROs, the campus police address
security needs. The total cost for salaries is approximately$210,000,- the
remainder is for healthcare benefits.
6.2 Approve acceptance of Florida Department of Transportation (FDOT) High Visibility
Enforcement (HVE) for Pedestrian and Bicycle Safety Grant Award in the amount of
$94,230 for police overtime and related fringe benefits and authorize the appropriate
officials to execute same. (consent)
On July 2, 2014, Clearwater Police Department (CPD) was granted approval
by the Resource Management Committee to submit a grant application in the
amount of$94,230 under the state HVE program to continue its grant-funded
pedestrian and bicycle safety project. The grant has been officially awarded
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and CPD now seeks approval to accept it.
CPD has been conducting a comprehensive enforcement/education project
since March 2014 aimed at changing the behavior of all who use Clearwater's
roadways - pedestrians, bicyclists, and motorists. Due to the success of the
current project, FDOT would like to see Clearwater build upon what it has
already accomplished.
Despite CPD's success, two recent pedestrian fatalities (including one of
CPD's School Crossing Guards) on Clearwater's streets has highlighted the
need for the increased enforcement activities that this grant funding will pay
for.
CPD will again carefully select a pool of patrol officers/sergeants for this
project who have demonstrated a sincere interest and affinity for traffic, bicycle
and pedestrian enforcement. The details will be worked by this select group of
officers, focusing on those areas with a high volume of crashes compared to
other parts of the city, have a high volume of pedestrian traffic, or both.
Details will tentatively be scheduled three times per week; five hours and three
officers per detail. The time period for grant activities will be from November 6,
2014 through May 31, 2015.
As with the previous grant, selected officers will receive specific training on
traffic enforcement and educational opportunities with the public prior to
implementation of the project. CPD will also work closely with FDOT during the
project period to ensure accurate data collection and to advise of any problems
or successes that are accomplished.
CPD will continue to get the word out about the project through a variety of
means. CPD's Public Information Officer (PIO) has done an excellent job in
working with local media sources to promote project activities and to further
spread the message about pedestrian and bicycle safety and will continue to
do so. The PIO will also update the public on the project by way of the
department's Facebook page, which he successfully utilizes on a regular basis
to inform the public about project activities and successes.
There will be no direct adverse impact to the Police Department annual
operating budget nor is there a required match.
Special project number 181-99208, 2014 HVE Pedestrian and Bicycle Safety,
will be established to account for the grant expenditures.
APPROPRIATION CODE AND AMOUNT:
There will be no direct adverse impact to the Police Department annual
operating budget nor is there a required match. Special project number
181-99208, 2014 HVE Pedestrian and Bicycle Safety, will be established to
account for the grant expenditures.
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In response to questions, Clearwater Police Chief Dan Slaughter said the
Department has identified ten target locations. Officers are not ticketing
jaywalkers on the beach. Officers provide education rack cards to educate
tourists.
7. Engineering
7.1 Approve Change Order 1 to Rowland, Inc. of Pinellas Park, Florida for the Smallwood
Circle Drainage and Edgewood Avenue Sanitary Sewer Improvements projects
(11-0057-EN and 10-0027-EN) in the amount of$148,718.00, for a new contract total
of$2,493,860.97, approve a time extension of 95 days for completion of additional
work and unforeseen field conditions, and authorize the appropriate officials to
execute same. (consent)
Clearwater City Council awarded a $2,345,142.97 contract on November 7,
2013 to Rowland Incorporated for the Smallwood Circle Drainage
Improvements and Edgewood Avenue Sanitary Sewer Improvements projects
(11-0057-EN and 10-0027-EN).
While working in the neighborhood installing the sanitary and storm pipe, the
City encountered substandard base beneath the majority of the existing curb.
The lack of base combined with the condition of the curb and the extensive
roadway disruption from the storm and sewer work, triggers the need to
replace the curb on streets affected by the contract work.
Fifty days are requested to complete the additional 5300 linear feet of
additional curb work. Another forty-five days are requested to complete other
out of scope work due to field conditions including underdrain, pipe removal,
sanitary offset, and structure modifications. The contract's new completion
date is March 6, 2015.
The Streets and Sidewalks Division shall own, operate and maintain the curb
improvements once completed.
APPROPRIATION CODE AND AMOUNT:
0315-96178-563700-539-000-0000 $83,282.08
0327-96665-563800-535-000-0000 $65,435.92
Funds are available in capital improvement program project 315-96178,
Smallwood Circle, in the amount of$83,282.08 and $65,435.92 is available in
Utility Renewal and Replacement project 0327-96665, Sanitary Sewer R&R, for
total funding in the amount of$148,718 to fund this contract.
7.2 Accept a Sewer Utility Easement conveyed by 520HC, LLC over property located at
520 Howard Court, Clearwater. (consent)
The City's Public Utilities Department is planning improvements to Lift Station
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29 located on privately owned property at 520 Howard Court, Clearwater.
Although the City has an existing Sanitary Sewer Easement on the property, a
recent survey shows that additional easement area is needed to accommodate
the lift station. The property owner has agreed to donate a Sewer Utility
Easement to the City for this purpose. The easement, in addition to the
existing easement, will give the City rights over an adequate area to operate
and maintain the lift station.
8. Planning
8.1 Provide direction on the proposed Development Agreement between Bayway Hotel
Holdings, LLC. (the property owner) and the City of Clearwater, providing for the
allocation of 15 units from the Hotel Density Reserve under Beach by Design and
confirm a second public hearing in City Council Chambers before City Council on
November 20, 2014 at 6:30 p.m., or as soon thereafter as may be heard.
(HDA2014-08006; 706 Bayway Boulevard)
Site Location and Existing Conditions:
The 0.35-acre site is located on the north side of Bayway Boulevard generally
at the northern terminus of Parkway Drive. The subject property is comprised
of two parcels with a frontage of approximately 200 feet along Bayway
Boulevard and 120 feet of frontage along the water. The site is 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 South Beach/Clearwater Pass District of
Beach by Design.
The larger 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
immediate area is characterized by one to nine story buildings consisting
mostly of retail, overnight accommodations and attached dwellings. A
two-story police substation is located to the west and two-story attached
dwellings are located to the east.
Development Proposal:
The owners propose to utilize the otherwise permitted density of 50 units per
acre or 17 units and incorporate an additional 15 units from the Hotel Density
Reserve through Beach by Design resulting in a total of 32 units (92 units per
acre).
The building will be 75 feet (from Base Flood Elevation) to the roof slab and 94
feet three inches (from Base Flood Elevation) to the highest architectural
feature with the parking on the first two levels. It should be noted that the
provided maximum height of just over 94 feet is measured to include a variety
of architectural features including a mansard roof, finials, and structures to
house and conceal mechanical equipment. The proposal includes a
Mediterranean Revival architecture, which is consistent with and complements
the tropical vernacular envisioned in Beach by Design.
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The site will be accessed via a single two-way driveway centrally located along
Bayway Boulevard, which will provide access to the parking garage component
of the development as well as two surface handicap spaces. The remaining
floors will include a lobby, back of house uses and hotel rooms.
A swimming pool will be located at grade at the northeast corner of the site.
This service would be limited to guests of the hotel. As noted, the first two
floors of the building will contain a parking garage. The lobby is located on the
3rd floor. Amenities will be limited to a small meeting space/business center,
exercise room, kitchen and miscellaneous back of house uses all of which will
be located on 3rd floor. Hotel rooms are provided on the 3rd through 8th
floors. The applicant is contemplating the possibility of providing a small
roof-top terrace with limited food and beverage service such as a breakfast
buffet. Please note that Article 8 of the CDC provides that structures
permanently affixed to the roof that accommodate rooftop occupancy shall only
be permitted if within the maximum allowable height where the maximum
height specified is 94 feet three inches feet. No retail, ballrooms or other like
amenities are proposed.
A sidewalk five feet in width is located along Bayway Boulevard. It should be
noted that the proposed sidewalk will match the sidewalk width to the east and
west of the site. A bike rack is located near the primary entrance to the hotel.
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 15,246 square feet in area and
approximately 200 feet wide. The site is consistent with these Code
provisions.
Minimum Setbacks:
The conceptual site plan depicts setbacks of 10 feet along the front (south) to
parking and 35 feet to building along Bayway Boulevard; six feet to building
along the side (west), six feet to ramp and 30 feet to building along the side
(east); and six feet to building, 10 feet to pool and zero feet to patio along the
rear (north). 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 and is delineated in three subsections. Sections B.1 and 2
impact development with heights between 100 and 150 feet. The proposal
provides for a building 94 feet three inches (from Base Flood Elevation) to top
of the highest architectural feature where a height of up to 100 feet is permitted
as prescribed by the CDC (subject to meeting the applicable flexibility criteria
of the CDC and as approved as part of a Level II Flexible Development
application) and limited by Beach by Design. Therefore, these two sections
are not applicable to the proposal.
Section B.3 provides that the floorplate of any portion of a building that
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exceeds 45 feet in height is limited as follows:
a) Between 45 feet and 100 feet the floorplate will be no greater than
25,000 square feet except for parking structures open to the public; and
b) Between 100 feet and 150 feet, the floorplate will be no greater than
10,000 square feet; and
c) Deviations to the above floorplate requirements may be approved
provided the mass and scale of the design creates a tiered effect and
complies with the maximum building envelop allowance above 45 feet
as described in Section C. 1.4 of the Design Guidelines.
The proposal meets this provision in that the floorplate above 45 feet is less
than 25,000 square feet and there is no floorplate over 100 feet. Therefore,
this section is supported by the proposal.
The height of the proposed building is consistent with the guidelines of Beach
by Design.
Minimum Off-Street Parkinq:
The 32-room overnight accommodation use requires a minimum of 38
off-street parking spaces. A parking garage located on the first two levels of
the building will provide 38 spaces. This is consistent with the applicable
Sections of the CDC.
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
adequate spaces for foundation landscaping will be provided along all sides of
the building. 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/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 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 15 units from the Hotel Density Reserve
or a maximum density of 92 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.
In response to questions, Planner Mark Parry said the operator of the
proposed development specializes in smaller boutique hotels. The number of
available density units are limited.
Staff was directed to confirm the number of units per acre for 353 Coronado
Drive.
8.2 Provide direction on the proposed Development Agreement between Elias
Anastasopoulos and Anastasios Anastasopoulos (the property owners), Captain
Bligh's Landing, Inc. (the Developer) and the City of Clearwater, providing for the
allocation of 100 units from the Hotel Density Reserve under Beach by Design and
confirm a second public hearing in City Council Chambers before City Council on
November 20, 2014 at 6:30 p.m., or as soon thereafter as may be heard.
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(HDA2014-08007; 630 South Gulfview Boulevard)
Site Location and Existing Conditions:
The 1.192-acre site is a double frontage lot bound by South Gulfview
Boulevard on the south and Bayway Boulevard on the north approximately 240
feet east of the intersection of South Gulfview Boulevard and Bayway
Boulevard. The subject property is comprised of two parcels with a frontage of
approximately 286 feet along South Gulfview Boulevard and 280 feet along
Bayway Boulevard. The site is occupied by an outdoor recreation and
entertainment use (miniature golf) and a retail sales service use. 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 South Beach/Clearwater Pass District of Beach by Design.
The larger 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
immediate area is characterized by one to 11 story buildings consisting mostly
of retail, restaurant, overnight accommodations and attached dwellings.
Development Proposal:
The owners propose to utilize the otherwise permitted density of 50 units per
acre or 59 units and incorporate an additional 100 units from the Hotel Density
Reserve through Beach by Design resulting in a total of 159 units (134 units
per acre).
The building will be 100 feet (from Base Flood Elevation) to flat roof with the
parking on the first four levels. The proposal includes a Contemporary Tropical
architecture, which is consistent with and complements the tropical vernacular
envisioned in Beach by Design.
The site will be accessed via a single one-way driveway located at the
southeast corner of the building along South Gulfview Boulevard and an
ingress-only driveway at the northwest corner of the site and egress-only
driveway at the northeast corner of the building along Bayway Boulevard.
These three driveways will provide access to the parking garage component of
the development.
A swimming pool will located on the 10th floor at the northwest corner of the
building. Various other outdoor patios are located on the north and south sides
of the building at the 5th floor. Retail, restaurant or other like amenities are
proposed totaling 18,000 square feet (approximately 12 percent of the total
floor area of the building). The retail uses will be located along South Gulfview
Boulevard with the retail spaces at the southwest corner of the building
accessible through an elevated sidewalk, located entirely on the subject
property, three feet above grade. The ground floor will also include parking,
lobby and assorted back of house uses. Floors two through four will include
just parking. The remaining floors will include all 159 hotel units.
Eight and five foot sidewalks exist along South Gulfview Boulevard and
Bayway Boulevard, respectively. These sidewalks continue to the east and
west of the subject property. They will be repaired/replaced as needed and will
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match the existing sidewalk with regard to width. Materials, fit, finish and
installation methodology will be coordinated with City Staff. Bike racks are
proposed along South Gulfview Boulevard and likewise, the materials, fit, finish
and installation methodology will be coordinated with City Staff.
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 51,862 square feet in area and
approximately 280 feet wide. The site is consistent with these code
provisions.
Minimum Setbacks:
The conceptual site plan depicts setbacks of between zero and 15 feet along
the front (south) to building and zero feet along the front (north) to building; 12
feet to building along the sides (east and west). 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 and is delineated in three subsections. Sections B.1 and 2
impact development with heights between 100 and 150 feet. The proposal
provides for a building 100 feet in height as measured from BFE where a
height of up to 100 feet is permitted as prescribed by the CDC (subject to
meeting the applicable flexibility criteria of the CDC and as approved as part of
a Level II Flexible Development application) and limited by Beach by Design.
Therefore, these two sections are not applicable to the proposal.
Section B.3 provides that the floorplate of any portion of a building that
exceeds 45 feet in height is limited as follows:
a) Between 45 feet and 100 feet the floorplate will be no greater than
25,000 square feet except for parking structures open to the public; and
b) Between 100 feet and 150 feet, the floorplate will be no greater than
10,000 square feet; and
c) Deviations to the above floorplate requirements may be approved
provided the mass and scale of the design creates a tiered effect and
complies with the maximum building envelop allowance above 45 feet
as described in Section C. 1.4 of the Design Guidelines.
The proposal meets this provision in that the floorplate above 45 feet is 23,070
square feet and there is no floorplate over 100 feet. Therefore, this section is
supported by the proposal.
The height of the proposed building is consistent with the guidelines of Beach
by Design.
Minimum Off-Street Parking:
The 159-room overnight accommodation use requires a minimum of 191
off-street parking spaces. A parking garage located on the first four levels of
the building will provide 243 spaces. This is consistent with the applicable
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Sections of the CDC.
Landscaping:
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
adequate spaces for foundation landscaping will be provided along all sides of
the building. 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/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.
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 100 units from the Hotel Density
Reserve or a maximum density of 134 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
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■ 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.
In response to questions, Planner Mark Parry said Traffic Engineering
expressed no concerns with the proposed access points. There is a one-way
entry only from Gulfview Boulevard. There are two access points on Bayway
Boulevard, the driveway in the northwest corner is entry only and the driveway
in the northeast corner is exit only.
9. Solid Waste
9.1 Award a Contract (Blanket Purchase Order) to Harris Corporation of Lynchburg, VA
for an amount not to exceed $550,000 for quarterly payments during the period
November 1, 2014 through October 31, 2016 toward the 20-Year Maintenance
Agreement for the City's radio system approved by Council on June 20, 2002 and
authorize the appropriate officials to execute the same. (consent)
The public/private partnership contract provides for maintenance of the
Clearwater Radio System in addition to two towers and facilities. The quarterly
payments are made per the 20-year contract approved by Council in 2002.
This Blanket Purchase Order covers the thirteenth and fourteenth year of the
contract. Any revenue due to the City from the leased space on the two towers
since the contract went into effect is deducted from the payment.
APPROPRIATION CODE AND AMOUNT:
566-06620-530300-519-000 $550,000
These funds are available in the operating expense of the Garage Services
Fund as budgeted in Fiscal Year 2014/15 and Fiscal Year 2015/16.
10. Official Records and Legislative Services
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10.1Appoint Rosemarie Kibitlewski to the Library Board to fill the remainder of an
unexpired term through June 30, 2017. (consent)
10.2Appoint Jamie Blackstone and Debra Swisher for the resident representatives
category and appoint Katie See for the Agency or Government representative
category to the Brownfields Advisory Board with terms to expire November 30, 2018.
(consent)
10.3Appoint two members to the Marine Advisory Board, one to fill the remainder of an
unexpired term through March 31, 2015 and one to fill the remainder of an unexpired
term through March 31, 2017.
Staff was directed to confirm if Nino Accetta, who is currently serving on the
Clearwater Housing Authority Board (CHA), is interested in serving on the
Marine Advisory Board and CHA.
11. Legal
11.1Authorize settlement of Alvarez v. City of Clearwater, Case No. 12-004212-CI-021, for
payment by City of$45,000.00 in exchange for a full release from plaintiff and
dismissal of action with prejudice. (consent)
This case arises from an incident that occurred on April 5, 2011 near the
intersection of Drew Street and North Saturn Avenue, Clearwater, Florida. A
city vehicle being driven by a city employee struck a vehicle which in turn
struck Sandro Alvarez as he was riding a bicycle across North Saturn Avenue.
Mr. Alvarez had the right-of-way.
The settlement agreement would provide that the City would pay Sandro
Alvarez the sum of$45,000 in exchange for full release of all claims and
dismissal of the case with prejudice.
APPROPRIATION CODE AND AMOUNT:
Funds are available in the insurance fund 590-07000-545900-519-000, to fund
this settlement.
11.2Adopt Ordinance 8596-14 on second reading, annexing certain real property whose
post office addresses are 1452 Grove Circle Court, 1473 Grove Circle Court, and
1479 Grove Circle Court, all in Clearwater, Florida, 33755 into the corporate limits of
the city and redefining the boundary lines of the city to include said addition.
11.3Adopt Ordinance 8597-14 on second reading, amending the future land use plan
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Council Worksession Meeting Minutes November 3, 2014
element of the Comprehensive Plan of the city to designate certain real property
whose post office addresses are 1452 Grove Circle Court, 1473 Grove Circle Court,
and 1479 Grove Circle Court, all in Clearwater, Florida, 33755, upon annexation into
the City of Clearwater, as Residential Low (RL).
11.4Adopt Ordinance 8598-14 on second reading, amending the Zoning Atlas of the city
by zoning certain real property whose post office addresses are 1452 Grove Circle
Court, 1473 Grove Circle Court, and 1479 Grove Circle Court, all in Clearwater,
Florida, 33755, upon annexation into the City of Clearwater, as Low Medium Density
Residential (LMDR).
11.5Adopt Ordinance 8593-14 on second reading, annexing certain real property whose
post office addresses are 1250 Palm Street and 1325 Idlewild Drive, together with the
abutting right-of-way of Idlewild Drive, into the corporate limits of the city and
redefining the boundary lines of the city to include said addition.
11.6Adopt Ordinance 8594-14 on second reading, amending the future land use plan
element of the Comprehensive Plan of the city to designate certain real property
whose post office addresses are 1250 Palm Street and 1325 Idlewild Drive, together
with the abutting right-of-way of Idlewild Drive, upon annexation into the City of
Clearwater, as Residential Urban (RU).
11.7Adopt Ordinance 8595-14 on second reading, amending the Zoning Atlas of the city
by zoning certain real property whose post office addresses are 1250 Palm Street and
1325 Idlewild Drive, together with the abutting right-of-way of Idlewild Drive, upon
annexation into the City of Clearwater, as Low Medium Density Residential (LMDR)
and Medium Density Residential (MDR).
12. City Manager Verbal Reports — None.
13. City Attorney Verbal Reports — None.
14. Council Discussion Item
14.1 City Co-Sponsored Event at Crest Lake Park - Councilmember Polglaze
Councilmember Polglaze requested consideration to host a co-sponsored
event at Crest Lake Park that will engage the community and increase the
park's visibility. Many of the neighbors have expressed an interest for more
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activities at Crest Lake Park, such as an art show, organized water activity on
the lake, or a Petpalooza. He also requested consideration to remove the
berms.
In response to questions, Councilmember Polglaze said he envisions the
co-sponsored event to include an art show and a pet-oriented activity. Tents
for the art show may be placed around the lake.
Parks and Recreation Director Kevin Dunbar said the events held in Crest
Lake Park were eliminated due to the lack of infrastructure (i.e., parking). Fall
is a very busy time of year for the Department, supporting various events that
are held every weekend. Increasing the number of events will require
additional funding for staff. Groups interested in organizing a special event
have until the end of the year to submit an application, which is reviewed by
staff. Mr. Dunbar said the Council reviews the proposed list of Special Events
in March/April as part of the budget process.
It was suggested that staff direct appropriate events to Crest Lake. It was
also suggested that a Petpalooza be organized at the Crest Lake Dog Park.
In response to a question, Mr. Dunbar said groups interested in an informal
special event may seek a special use permit to reserve picnic tables and
spaces. There is no fee or insurance requirement for the special use permit.
It was stated that the berm removal was placed on hold until the City heard
from the Clearwater Veterans Alliance regarding a Veteran's Memorial.
The Council recessed from 2:59 p.m. to 3:05 p.m.
14.2City Manager/City Attorney salary discussion
Discussion of the comparative analysis of City Manager/City Attorney salaries
and salary increase for the coming year.
Human Resources Director Joe Roseto provided Council with a comparative
salary analysis for the City Attorney and City Manager. Salaries on the east
coast are typically higher due to the higher cost of living. The City Manager
and the City Attorney received a 3.5% salary increase last year. Mr. Roseto
said the year prior, both received an 8% increase. The average salary
increase for employees during the last three years was 2.5%. The recently
approved CWA contract calls for a 3.5% salary increase in the first year. The
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current annualized consumer price index is 1.7%
Discussion ensued with a concern expressed regarding providing a salary
increase higher than the proposed CWA increase. It was suggested that
consideration be given to providing a 1.7% increase. Support was expressed
for providing a 3% increase.
Staff was directed to create an agenda item providing the City Manager and
City Attorney a 3% salary increase for Thursday's council meeting.
14.3Council Requested Design Review-Pier 60 Flag Plaza - Councilmember Jonson
Councilmember Jonson questioned why Council would not review the final
Pier 60 Flag Plaza design. Council approved the project in May 2013.
Councilmember Jonson said it was at that time that the playground component
was eliminated and the flag plaza was added. He recalls that Council would
review the final design.
It was stated that the agenda item was approved on the May 16, 2013 consent
agenda.
The City Manager said Council's feedback from the one-on-ones earlier this
year with staff was positive, there was no indication that it would need to come
back before Council.
In response to questions, Parks and Recreation Director Kevin Dunbar said
the font for the Flag Plaza sign will be the same as used for Beachwalk sign.
The movie screen will be moved to the north. Staff intends to have the flags up
on Veterans Day.
15. New Business (items not on the agenda may be brought up asking they be
scheduled for subsequent meetings or work sessions in accordance with Rule 1,
Paragraph 2).
16. Closing Comments by Mayor
17. Adjourn
The meeting adjourned at 3:40 p.m.
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