11/18/2013 CITY COUNCIL WORK SESSION MEETING MINUTES
CITY OF CLEARWATER
�qovern�ber 18, 2013
Present: Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember
Doreen Hock-DiPolito, Councilmember Bill Jonson, Councilmember Jay
Polglaze
Also Present: William B. Horne II - City Manager, Jill S. Silverboard - Assistant City
Manager, Rod Irwin - Assistant City Manager, Pamela 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.
Mayor George N. Cretekos called the meeting to order at 1:00 p.m. at City Hall.
1. Presentations — Given.
1.1 Service Awards
One service award was presented to a city employee.
The November 2013 employee of the month award was presented to Sgt. Daniel Devol,
Police Department.
The November/December Bimonthly Team Award was presented to the Homeless
Camp Cleanup: Paul Mack, Mitch Moen, Manuel Cordero, Dan Taban, Tom Wiggins,
Ben Carter, Chuck Porthouse, Cherise Sarnoff, Jake Jones, Jarvis Anderson, Thomas
Lulek, Cheryl Wood, Albert Granville, Vicki Fletcher, Vernon Kearney, Andrew Wihr,
Krystal Epperson, Leviticus McKinnon, Charlie McAbee, Chris Cruickshank, Peter
Chaplinsky, Matthew Anderson, Glen Girard, Sara Josuns.
The Council recessed from 1:09 p.m. to 1:11 p.m. meet as the Pension Trustees.
2. Office of Management and Budget
2.1 Approve a senior exemption for long-term resident, low-income seniors under
the criteria of Amendment 11 approved by the voters in November 2012 and
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pass Ordinance 8522-13 on first reading.
In addition to the homestead exemption for residential homeowners, the City of
Clearwater currently provides an additional $25,000 senior exemption for
qualifying senior residential homeowners. From the 2012 tax roll, the value of
property receiving this exemption is $32,056,116 and the budget impact of lost
revenue from this exemption is approximately $165,000.Amendment 11, which
was approved by the voters in November 2012, gives the City the option to adopt
a senior exemption for long-term resident, low-income seniors. The new
exemption exempts 100% of the assessed value of a senior's homesteaded
property if the just value is less than $250,000; the owner is 65; the property has
been the owner's permanent residence for at least 25 years; and the owner's
household income is less than the limit established for the current low-income
senior exemption (currently $27,590).This additional senior exemption of
$250,000 must be authorized by a super majority (a majority plus one) vote of the
City Council.
The deadline to establish the Amendment 11 senior exemption is December 1,
2013 for 2014.
3. Economic Development and Housing
3.1 Tourism Contract Year-End Presentation - Imagine Global Consulting
(WS 0)
Imagine Global Consulting will present Fiscal Year 12-13 accomplishments and
trends for the final year of the tourism contract.
Gabby Sappok-Klink and Cassie Lovitch provided a PowerPoint presentation.
3.2 Approve documents to be used in the implementation of the Economic
Development Ad Valorem Tax Exemption Ordinance, Exhibit A - Application for
Economic Development Ad Valorem Tax Exemptions, Exhibit A Attachment -
DR-418, Exhibit B - Business Maintenance and Continued Performance
Agreement, and Exhibit C - Annual Report, and adopt Resolution 13-32.
On November 20, 2013, the City Council will duly pass on second reading
Ordinance 8436-13 amending the Code of Ordinances of the City of Clearwater,
creating Chapter 29, Article VII, known as the City of Clearwater Economic
Development Ad Valorem Tax Exemption Ordinance (ED AVTE Ordinance).The
ED AVTE Ordinance requires the collection, evaluation, and certification of
certain information provided by qualifying New Businesses and Existing
Businesses as defined within. Further, the Ordinance requires the City enter a
Business Maintenance and Continued Performance Agreement with the
Council Work Session 11/18/2013 2
qualifying New Business or Existing Business and annually collect, evaluate, and
certify during the exemption period the business receiving the exemption
continues to meet the established requirements. This Resolution adopts
substantially in form the documents Economic Development and Housing staff
will use in the implementation of the aforementioned ED AVTE Ordinance.
4. Fire Department
4.1 Approve the Purchase Contract for the City purchase of real property located at
1140 Brownell Street, Clearwater, with a purchase price of$92,000 and total
expenditures not to exceed $103,350 including closing costs and demolition
expenses; authorize the appropriate officials to execute same, together with all
other instruments required to affect closing; and authorize the use of General
Fund reserves to fund the costs of$103,350. (consent)
The subject property is located at 1140 Brownell Street and is currently improved
with a single-family residential structure containing 768 square feet of living area.
The parcel is approximately 6,561 square feet and lies among non-contiguous
property assembled for the new construction of Fire Station 45. If left in private
ownership, the Fire Station campus will effectively surround this residential
structure.
If acquired, the property would be assembled with existing city land holdings and
would offer the opportunity to vacate a portion of Brownell Street adding 5,400
square feet to the city assemblage. All property within the assemblage would be
contiguous.
City staff first attempted to negotiate with the property owner in 2011;
discussions were unsuccessful. The negotiated purchase price is a result of the
most recent discussions with the property owner spanning several months. The
purchase contract represents the lowest purchase price that the seller would
accept. An independent appraisal was performed on the property by Nash and
Associates Appraisal Services, Inc. The appraiser determined that the fair
market value of the property was $55,000 as of the appraisal date of April 27,
2013.
Funding for this contract will be provided by a first quarter budget amendment
allocating General Fund reserves in the amount of$103,350 to capital project
315-91253, Main Fire Station. The balance in General Fund reserves is
approximately $17.9 million, or 15.6% of the 2013/14 General Fund operating
budget. Inclusive of the $1.4 million used to fund the current operating budget, a
total of$1,801,943 of General Fund reserves has been used to date to fund
Council Work Session 11/18/2013 3
expenditures in the 2013/14 operating budget.
In response to questions, Real Estate Services Coordinator Chuck Lane said if the site
is acquired, plans include to demolish the home and maintain the parcel as green
space, which will allow the City to vacate a portion of Brownell Street for an additional
5,400 sq. ft. Staff never got to a purchase price with the homeowner in 2011. The
homeowner was not interested in selling the property. The property's appraised value is
$55,000. Mr. Lane said the appraisal occurred in April. Fire Chief Robert Weiss said no
additional parking is needed on the property. Closing is expected to occur on January
31, 2014, with a 2-month allowable extension.
Concerns were expressed with the proposed purchase price.
4.2 Amend Chapter 2, Article V, Division 4, Section 2.447(3), Clearwater Code of
Ordinances, relating to the allocation of income of the Firefighters'
Supplementary Pension and Retirement Plan, and pass Ordinance 8509-13 on
first reading.
Section 2.447(3) requires the income in the Firefighters' Supplementary Pension
and Retirement Plan to be allocated monthly during the plan year among the
participants' accounts based on the ratio between the account balance of each
participant at the time of allocation and the sum of the account balances of all
participants at the time of allocation. The amendment will authorize the plan
trustees to allocate income quarterly based on the above ratio for income earned
on a quarterly basis.
5. Gas System
5.1 Approve a Purchase Order (contract) in the amount of$860,000 to DevTech of
Avon Park, FL, for the purchase of metering equipment associated with the
Clearwater Gas System (CGS) Automated Meter Reading (AMR) Project Phase
II, and authorize the appropriate officials to execute same. (consent)
The City of Clearwater Customer Service department has been using an Itron
meter reading system for recording field readings for over 20 years. Customer
Service and CGS partnered to implement Itron's AMR technology in a pilot
project in Central Pasco consisting of 1,255 meters. AMR technology has many
Council Work Session 11/18/2013 4
benefits including a reduction in operating costs (principally by reduction in meter
reading labor costs), revenue cycle improvements, increased billing accuracy,
reduction in theft, and field safety.
Clearwater Customer Service currently reads 19,901 gas meters, with 11,795 of
these gas meters being outside of the city limits of Clearwater. Currently these
11,795 gas meters are divided into 50 meter reading routes.
The CGS AMR project has been divided into three phases:
• Phase I (the Pilot) is complete with 1,255 meters having AMR endpoints
installed,
• Phase 11 (which is this Agenda item funds the equipment for) will install
AMR end points on the remaining 10,540 gas meters outside the City of
Clearwater. The target completion date of Phase 11 is by the end of this
Fiscal Year 13/14.
• The remaining gas meters within the City of Clearwater will be
accomplished in a Phase III during Fiscal Year 14/15. It is anticipated
that Phase III will be in conducted in unison with the Public Utilities
Department. In this Phase, CGS will install AMR endpoints on the
remaining 8,106 gas meters within the city limits in parallel with Public
Works installing similar equipment on the water meters.
Sufficient funding is available in capital projects 315-96367, Gas Meter
Change out Pinellas, in the amount of$850,423.02, and 315-96379, Gas Meter
Change out Pasco, in the amount of$835,717.32 to fund this contract.
In response to questions, CGS Retail Operations Services Manager Bruce Griffin said
the business case included considerations for reduced workforce, safety, and efficiency.
CGS Managing Director Chuck Warrington said the study conducted by the consultant
occurred seven years ago.
Staff was directed to provide a copy of the business case prior to the council meeting.
5.2 Award a Purchase Order (contract) with Phoenix Energy, Inc. in the amount of
$492,774.07 for the design and installation of equipment upgrades for the
Clearwater compressed natural gas (CNG) refueling station; approve a Purchase
Order (contract) with ANGI, Inc. in the amount of$311,938.55 for the direct
equipment purchase of a CNG compressor assembly; approve a Purchase
Council Work Session 11/18/2013 5
Order (contract) with PSB Industries Inc. in the amount of$63,454.74 for the
direct purchase of a CNG gas dryer; approve a Purchase Order (contract) with
CP Industries in the amount of$87,000 for the direct purchase of CNG storage
tubes; approve the transfer of funds in the amount of$300,000 from project 315-
96374 to 315-96387, and authorize the appropriate officials to execute same.
consent
The Clearwater Gas System Compressed Natural Gas (CNG) filling station
opened in October 2011 to provide CNG to City fleets that operate on natural
gas. The equipment that currently powers the station consists of a primary
compressor that pumps the CNG over to the dispenser hoses. The station also
has a backup compressor, which is used when the primary unit is down for either
planned maintenance or unforeseen repairs. The backup compressor only has
¼ the refueling capacity compared to the primary unit; as a result, can
cause delays when vehicles refuel off the backup unit.
RFP 10-13 was issued and Phoenix Energy was selected to design and install
upgrades to the CNG station in order to resolve this capacity issue. In addition,
Phoenix Energy has recommended additional storage tubes to accommodate
the growing demands on the station.
Clearwater Gas has opted to purchase the CNG equipment as an Owner
Direct Purchase (ODP) for the main compressor unit (ANGI), Storage tubes (CP
Industries) and compressor dryer (PSB Industries). All ODP components were
specified by Phoenix Energy under RFP 10-13.
Summary of upgrades:
• Replace backup with new compressor with the same refueling capacity
as the primary.
• Upgrade the control system to automatically transfer to backup
compressor when primary goes down.
• Install three new storage tubes to support the upgraded compressor.
Council Work Session 11/18/2013 6
• Reconfigure equipment on pad to comply with current fuel codes.
In response to questions, Gas Operations Manager Brian Langille said the primary
compressor earlier this year had a problem and the manufacturer was unable to fix the
compressor. Since the primary was not functioning as planned, staff determined to
purchase a back-up unit equal to the primary compressor. CGS Managing Director
Chuck Warrington said the Department did not want to spend the money up-front as the
replacement was anticipated to occur in five years and reason why a refurbished unit as
a back-up. The back-up compressor was $90,000. The new back-up will have the
capacity to support the system.
Concerns were expressed with a primary compressor that does not work and a backup
system that lacks capacity to support the primary.
6. Marine and Aviation
6.1 Approve Department of Environmental Protection (DEP) Agreement, MV055
Amendment 2, for Clean Vessel Act Grant Program CVA11-615 funding for the
purchase of a new waste disposal pump at the Clearwater Beach Marina, and
the operation, maintenance and repair of the pump out vessel, and authorize the
appropriate officials to execute same. (consent)
Council approved the DEP Clean Vessel Act Grant Program Agreement MV055
on August 4, 2011, for the operation of a pump out vessel, including
maintenance and repair, in the amount of$33,188.00 (75% DEP share of project
costs). The City match of$11,062.67 (25% equipment purchase, maintenance
and repair) was accounted for in hourly wages and parts cost.
The DEP extended the agreement for another year as a first amendment
approved by Council on October 4, 2012 under the same terms and conditions.
This year, the DEP has added additional funding to replace the pump out at the
beach marina fuel dock, and extend the period of the agreement from one to five
years for the operation of the pump out vessel, including maintenance and
repair.
Grant funding has been approved in the maximum amount of$42,512.38 (an
increase of$9,324.38) (75% of project costs). The City match of$14,170.79
(25% equipment purchase, operation, maintenance and repair) will be accounted
Council Work Session 11/18/2013 7
for in hourly wages and parts cost.
Amendment 2 makes provision for the agreement to remain in effect for a
period of five years from the date of the installation of the new pump out. Project
completion shall be no later than August 17, 2014.
In exchange for these considerations, the City is required to conduct operation
of the pump out vessel under a Pump out Station Operational Plan that specifies
hours of operation, maintenance principles, methods in determining volume of
material pumped including the use of flow meters as may be necessary,
information/educational materials on pump out operation and assurances that
the pump out vessel will be used solely for the collection of recreational boat
sewage. A pump out log is required each calendar quarter.
In response to a question, Airport Operations Manager Gordy Wills said the City cannot
get the 75% reimbursement if a disposal fee is charged. The maximum allowable fee is
five dollars.
7. Police
7.1 Approve an amendment to the previously signed contract between The
Governors Commission on Volunteerism and Community Service, d/b/a
Volunteer Florida, and the City of Clearwater pertaining to the AmeriCorps
Clearwater program for the period January 1, 2014 through December 31, 2014,
and authorize the appropriate officials to execute same. (consent)
An amendment to Section III. B., Contract Funding Amount, in the 2014
Volunteer Florida contract, approved by Council in August 2013 is submitted for
approval due to the grantor's increase in total grant funding, from $307,433 to
$342,955. This reflects a 16% increase, or $26,600, in the contribution by
Volunteer Florida to the City for the contract period. As a result, the City's cash
match increased 3.9%, or $3,645. A first quarter budget amendment will provide
the additional cash match with a transfer of$3,645 from the Special Law
Enforcement Trust Fund project 181-99331 to special project 181-99244,
AmeriCorps Clearwater 2014.
7.2 Amend Clearwater Code of Ordinances Section 2.474 (1), concerning
investments in debt securities by the Clearwater Police Officers Supplementary
Pension and Retirement Plan, and pass Ordinance 8526-13 on first reading.
Council Work Session 11/18/2013 8
Currently, the Board of Trustees of the Clearwater Police Officers'
Supplementary Pension and Retirement Plan can invest in debt securities so
long as the securities hold a rating in one of the three highest classifications by a
major rating service, and if such investments are made in a pooled fund or
mutual fund, then so long as the rating of each issue in the pooled fund holds a
rating within the top three rating classifications of a major rating service.
The amendment will authorize the Board of Trustees to invest in debt securities
so long as the average rating of the entire debt securities portfolio is rated A or
higher by a major rating service.
In response to questions, Finance Director Jay Ravins said there are money managers
in the fixed income portfolio of the General Employees Pension Plan with similar
constraints. You may have a highly rated firm that has some bad publicity and cause its
rating to fall below an A grade — the money manager's professional opinion may decide
it's not in the Plan's best interest to liquidate at the time but allows time to maintain the
average over a period.
8. Engineering
8.1 Approve Change Order 5 to Central Florida Contractors, Inc. of Seminole,
Florida for the 2011 Sidewalk Contract (11-0012-EN) in the amount of
$200,000.00, a time extension of 360 days and authorize the appropriate officials
to execute same. (consent)
Clearwater City Council awarded a $568,337.00 contract on November 3,
2011 to Central Florida Contractors, Inc. for the 2011 Sidewalk Contract (11-
0012-EN).
Previously approved change orders added $456,832 and 239 days to the
contract, and approved conversion of the contract to unit pricing only and a not
to exceed amount of contract.
The Contractor has agreed to continue to honor the current contract unit
pricing to provide sidewalk work at other locations in the city. Change Order 5
requests an additional not to exceed amount adding $200,000 for a new contract
total of$1,225,169.00 and a 360-day time extension to continue work under the
original contract to allow for completion of additional work. The same terms and
Council Work Session 11/18/2013 9
conditions apply. The sidewalk unit prices received in November 2011 ranged
from 10-60% less than the second lowest bidder.
Existing sidewalks and ramps will be replaced to satisfy the ADA requirement
that sidewalk adjacent to recently resurfaced roadways meets current ADA
standards. ADA upgrades will be addressed in the downtown core. This contract
increase also includes sidewalk removal/replacement as part of the citya??s
annual maintenance program.
The revised completion date will extend from November 2013 to November
2014.Sufficient funding is available in Capital Improvement Program projects in
the amounts of$150,649 in 0315-92277, Streets and Sidewalks and $49,351,
New Sidewalks for total funding of$200,000.
8.2 Approve the License Agreement between the City of Clearwater and Salt Block
57, LLC for the exclusive use of City Parking Lot 32; and authorize the
appropriate officials to execute same. (consent)
Salt Block 57, LLC is entering the construction phase of a project at 430
Gulfview Boulevard (FLD2013-04015). When complete, the new development
will provide 230 hotel units at the location of the former Adams Mark Resort. The
location is adjacent to City Parking Lot 32, which contains 65 metered spaces, 3
handicapped spaces and 4 reserved spaces. Salt Block 57, LLC has approached
the City with a request for exclusive use of Parking Lot 32 for a period of 15
months. The proposed License Agreement provides for the lot to be used for
worker parking and access for trucks delivering materials to the construction site.
The City of Clearwater Code of Ordinances contains a schedule of fees, rates
and charges to be paid for a temporary use of designated parking spaces for
limited special purpose. Accordingly, the proposed License Agreement requires
a license fee to be paid in advance quarterly. Salt Block 57 will be responsible
for five quarterly payments of$101,633 for a total license fee of$508,165.
Council Work Session 11/18/2013 10
9. Planning
9.1 Approve amendments to the Community Development Code providing for
flexibility in the placement of accessory detached garages in attached dwelling
developments of more than 100 units and pass Ordinance 8498-13 on first
reading. (TA2013-09008)
The Community Development Code requires any detached accessory garage
to be located behind the front edge of the principal structure. New attached
dwelling developments typically provide garages for a certain number of units
and require those garages to be located in a manner that is easy to access and
convenient for residents. Flexibility may be needed in the placement of garages
due to lot size, lot configuration, environmental constraints and other site
considerations. Proposed Ordinance 8498-13 amends Section 3-201.B to allow
accessory detached garages to be located forward of the principal structure
provided certain design and locational criteria are met. Below is a summary of
the main provisions of the proposed ordinance.
• Proposed ordinance only applies to developments exceeding 100 units
and ones that are not located in areas governed by special area
plans/redevelopment plans or in designated activity centers or along
redevelopment corridors.
• Requires garages to maintain a 25 foot front setback;
• Requires garages to be located in a manner that does not obstruct access
to the dwellings;
• Requires garages to have the same colors, roof design, and architectural
features of the main buildings and appear to be habitable space from the
street;
• Limits rows of detached garages in front of the principal building to 80 feet
in length and requires a horizontal or vertical modulation of two feet for
every 40 feet in length; and
• Prohibits such garages to be used as habitable space e.g. converted to
dwelling units.
The Planning and Development Department has determined that the
proposed text amendment to the Community Development Code is consistent
with and furthers the goals, objectives and policies of the Comprehensive Plan
and the Community Development Code as outlined in the staff report. The
Community Development Board (CDB) reviewed the proposed text amendment
at its meeting of October 15, 2013 and unanimously recommended approval of
the amendment.
Council Work Session 11/18/2013 11
In response to questions, Planning and Development Assistant Director Gina Clayton
said there are several activity centers designated in the Comprehensive Plan and are
areas that have a regional draw, such as Countryside Mall, Clearwater Beach,
Clearwater Mall, and Downtown. This ordinance would not apply to 880 Mandalay if
their pending application for the termination of their status of non-conformity is
approved.
9.2 Approve the annexation, initial Future Land Use Map designations of Water
Drainage Feature, Drainage Feature Overlay, Residential Low (RL), and
Preservation (P) and initial Zoning Atlas designations of Low Density Residential
(LDR) and Preservation (P) for 2854 Sunstream Lane (Metes and Bounds Tract
13/01 in Section 32, Township 28 N, Range 16 E); and pass Ordinances 8494-
13, 8495-13 and 8496-13 on first reading. (ANX2013-08024)
This voluntary annexation petition involves a 14.698-acre property consisting of
one vacant parcel of land. It is located approximately 1/3 of a mile south of
Enterprise Road and approximately 1/3 of a mile west of Landmark Drive. The
applicant is requesting this annexation in order to receive water, sanitary sewer,
and solid waste service from the City. The applicant also intends to develop the
property with approximately thirty residential lots, but has not submitted plans at
this time. The property is contiguous to existing City boundaries in all directions.
It is proposed that the property be assigned a Future Land Use Map designation
of Water Drainage Feature, Drainage Feature Overlay, Residential Low (RL),
and Preservation (P) and a Zoning Atlas designation of Preservation (P) and
Low Density Residential (LDR).
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 closest sewer line is located in the Parkstream Avenue right-of-way,
and the applicant is aware of the additional costs to expend City sewer to this
property. Collection of solid waste will be provided by the City of Clearwater. The
property is located within Police District III and service will be administered
through the district headquarters located at 2851 North McMullen Booth Road.
Fire and emergency medical services will be provided to this property by Station
50 located at 2681 Countryside Boulevard. Due to the size of the property
(greater than 10 acres), an Ability to Serve Report was compiled and submitted
Council Work Session 11/18/2013 12
to the Pinellas Planning Council. The outcome of this report indicated that the
City has adequate capacity to provide potable water, sanitary sewer, solid waste,
police, fire protection, emergency medical services, library, and recreation
services to the subject property. The proposed annexation will not have an
adverse effect on public facilities and their levels of service; and
The proposed annexation is consistent with and promotes the following
objective of the Clearwater Comprehensive Plan:
Objective A.6.4 Due to the built-out character of the City of Clearwater,
compact urban development within the urban service area shall be promoted
through application of the Clearwater Community Development Code.
Objective A.7.2 Diversify and expand the City's tax base through the
annexation of a variety of land uses located within the Clearwater Planning Area.
Policy A.7.2.3 Continue to process voluntary annexations for single-family
residential properties upon request.
The proposed Water/Drainage Feature, Drainage Feature Overlay,
Residential Low (RL), and Preservation (P) Future Land Use Map categories are
consistent with the current Countywide Plan designation of this property. The RL
designation primarily permits residential uses at a density of five units per acre.
The Preservation (P), Water/ Drainage Feature, and the Drainage Feature
Overlay designations are used to indicate water bodies and/or drainage features
on the parcel (Lake Chautauqua). The proposed zoning districts to be assigned
to the property are the Low Density Residential (LDR) and Preservation (P)
Districts. The proposed use of the subject property is consistent with the uses
allowed in the Low Density Residential (LDR) District and the property exceeds
the district's minimum dimensional requirements. The proposed annexation is
therefore consistent with the Countywide Plan and the City's Comprehensive
Plan and Community Development Code; and
The property proposed for annexation is contiguous to existing City
boundaries to the north, east, west, and south; therefore, the annexation is
consistent with Florida Statutes Chapter 171.644.
Council Work Session 11/18/2013 13
9.3 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 1247 Union Street (Lot 18, Block A, Cleardun
Subdivision); and pass Ordinances 8485-13, 8486-13 and 8487-13 on first
reading. (ANX2013-08025)
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 south
side of Union Street, approximately 600 feet west of Betty Lane (County Road
355). 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 contiguous to existing city boundaries to the south. 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 this property by Station 51
located at 1720 Overbrook Avenue. The City has adequate capacity to serve this
property with sanitary sewer, solid waste, police, fire and EMS service. The
proposed annexation will not have an adverse effect on public facilities and their
levels of service; and
The proposed annexation is consistent with and promotes the following
objective of the Clearwater Comprehensive Plan:
Council Work Session 11/18/2013 14
Objective A.6.4 Due to the built-out character of the City of Clearwater,
compact urban development within the urban service area shall be promoted
through application of the Clearwater Community Development Code.
Objective A.7.2 Diversify and expand the City's tax base through the
annexation of a variety of land uses located within the Clearwater Planning Area.
Policy A.7.2.3 Continue to process voluntary annexations for single-family
residential properties upon request.
The proposed Residential Urban (RU) Future Land Use Map category is
consistent with the current Countywide Plan designation of this property. This
designation primarily permits residential uses at a density of 7.5 units per acre.
The proposed zoning district to be assigned to the property is the Low Medium
Density Residential (LMDR) District. The use of the subject property is consistent
with the uses allowed in the district and the property exceeds the district's
minimum dimensional requirements. The proposed annexation is therefore
consistent with the Countywide Plan and the City's Comprehensive Plan and
Community Development Code; and
The property proposed for annexation is contiguous to existing City
boundaries to the south; therefore, the annexation is consistent with Florida
Statutes Chapter 171.044.
9.4 Approve the annexation, initial Future Land Use Map designation of Residential
Low (RL) and initial Zoning Atlas designation of Low Medium Density Residential
(LMDR) District for 1501 Laurel Drive (Lot 1, NOB HILL subdivision); and pass
Ordinances 8488-13, 8489-13 and 8490-13 on first reading. (ANX2013-08026)
This voluntary annexation petition involves a 0.178-acre property consisting of
one parcel of land occupied by a single-family dwelling. It is on the southeast
corner of Laurel Drive and Nursery Road (County Road 474). The applicant is
requesting this annexation in order to receive sanitary sewer and solid waste
service from the City. The property is located within an enclave and is
contiguous to existing city boundaries to the south and the north. It is proposed
that the property be assigned a Future Land Use Plan designation of Residential
Low (RL) and a zoning category of Low Medium Density Residential (LMDR).
Council Work Session 11/18/2013 15
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. The closest sewer line is located in the Nursery
Road right-of-way. The applicant has paid the City's sewer impact and
assessment fees and is aware of the additional costs to extend city sewer
service to this property. Collection of solid waste will be provided by the City of
Clearwater. The property is located within Police District II and service will be
administered through the district headquarters located at 645 Pierce Street. Fire
and emergency medical services will be provided to this property by Station 47
located at 1460 Lakeview Road. The City has adequate capacity to serve this
property with sanitary sewer, solid waste, police, fire and EMS service. The
proposed annexation will not have an adverse effect on public facilities and their
levels of service; and
The proposed annexation is consistent with and promotes the following objective
of the Clearwater Comprehensive Plan:
Objective A.6.4 Due to the built-out character of the City of Clearwater, compact
urban development within the urban service area shall be promoted through
application of the Clearwater Community Development Code.
Objective A.7.2 Diversify and expand the City's tax base through the annexation
of a variety of land uses located within the Clearwater Planning Area.
Policy A.7.2.3 Continue to process voluntary annexations for single-family
residential properties upon request. The proposed Residential Low (RL) Future
Land Use Map category is consistent with the current Countywide Plan
designation of this property. This designation primarily permits residential uses at
a density of five units per acre. The proposed zoning district to be assigned to
the property is the Low Medium Density Residential (LMDR) District. The use of
the subject property is consistent with the uses allowed in the district and the
property exceeds the district's minimum dimensional requirements. The
proposed annexation is therefore consistent with the Countywide Plan and the
City's Comprehensive Plan and Community Development Code; and The
property proposed for annexation is contiguous to existing City boundaries to the
south and north; therefore, the annexation is consistent with Florida Statutes
Chapter 171.044.
9.5 Approve the annexation, initial Future Land Use Map designation of Residential
Urban (RU) and initial Zoning Atlas designation of Medium Density Residential
(MDR) District for 1248 Sunset Point Road (Lots 9 and 10, South Binghampton
Park Subdivision) together with the abutting right-of-way of Chenango Avenue;
and pass Ordinances 8491-13, 8492-13 and 8493-13 on first reading.(ANX2013-
08027)
This voluntary annexation petition involves a 0.321-acre property consisting of
Council Work Session 11/18/2013 16
one parcel of land occupied by a personal storage building. It is located on the
northwest corner of Sunset Point Road (County Road 576) and Chenango
Avenue. The applicant is requesting annexation in order to 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 contiguous to existing city boundaries to the east
and to the south. It is proposed that the property be assigned a Future Land Use
Map designation of Residential Urban (RU) and a Zoning Atlas designation of
Medium Density Residential (MDR).
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. The applicant will
connect to the City's sanitary sewer service when it is available, and is aware of
the fee that must be paid in order to connect and the financial incentives
available. The property is located within Police District II and service will be
administered through the district headquarters located at 645 Pierce Street. Fire
and emergency medical services will be provided to this property by Station 51
located at 1720 Overbrook Avenue. The City has adequate capacity to serve this
property with sanitary sewer, solid waste, police, fire and EMS service. The
proposed annexation will not have an adverse effect on public facilities and their
levels of service; and
The proposed annexation is consistent with and promotes the following
objective of the Clearwater Comprehensive Plan:
Objective A.6.4 Due to the built-out character of the City of Clearwater,
compact urban development within the urban service area shall be promoted
through application of the Clearwater Community Development Code.
Objective A.7.2 Diversify and expand the City's tax base through the
annexation of a variety of land uses located within the Clearwater Planning Area.
Policy A.7.2.3 Continue to process voluntary annexations for single-family
residential properties upon request.
Council Work Session 11/18/2013 17
The proposed Residential Urban (RU) Future Land Use Map category is
consistent with the current Countywide Plan designation of this property. This
designation primarily permits residential uses at a density of 7.5 units per acre.
The proposed zoning district to be assigned to the property is the Medium
Density Residential (MDR) District. The existing use of the property has
remained unchanged since constructed in 1965; however, this non-residential
use is not allowed in the Medium Density Residential (MDR) District. The owner
has been advised that this would be a nonconforming use within the City and is
aware of the provisions of Community Development Code Article 6
Nonconformity Provisions which apply to this property once annexed into the
City; and
The property proposed for annexation is contiguous to existing City
boundaries to the east and the south; therefore, the annexation is consistent with
Florida Statutes Chapter 171.044.
9.6 Approve the annexation, initial Future Land Use Map designation of Residential
Urban (RU) and initial Zoning Atlas designation of Low Medium Density
Residential (LMDR) District for 1962 Chenango Avenue (Lot 17, Floradel
Subdivision); and pass Ordinances 8499-13, 8500-13 and 8501-13 on first
reading. (ANX2013-09028)
This voluntary annexation petition involves a 0.144-acre property consisting of
one parcel of land occupied by a single-family dwelling. It is located on the west
side of Chenango Avenue, approximately 970 feet north of Sunset Point Road
(County Road 576). 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 Citya??s Idlewild/The Mall Septic-to-Sewer
Project. The property is contiguous to existing City boundaries to the west. 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:
Council Work Session 11/18/2013 18
The property currently receives water service from the City. Collection of
solid waste will be provided to the property by the City. The applicant will
connect to the City's sanitary sewer service when it is available, and is aware of
the fee that must be paid in order to connect and the financial incentives
available. The property is located within Police District II and service will be
administered through the district headquarters located at 645 Pierce Street. Fire
and emergency medical services will be provided to this property by Station 51
located at 1720 Overbrook Avenue. The City has adequate capacity to serve this
property with sanitary sewer, solid waste, police, fire and EMS service. The
proposed annexation will not have an adverse effect on public facilities and their
levels of service; and
The proposed annexation is consistent with and promotes the following
objective of the Clearwater Comprehensive Plan:
Objective A.6.4 Due to the built-out character of the City of Clearwater,
compact urban development within the urban service area shall be promoted
through application of the Clearwater Community Development Code.
Objective A.7.2 Diversify and expand the City's tax base through the
annexation of a variety of land uses located within the Clearwater Planning Area.
Policy A.7.2.3 Continue to process voluntary annexations for single-family
residential properties upon request.
The proposed Residential Urban (RU) Future Land Use Map category is
consistent with the current Countywide Plan designation of this property. This
designation primarily permits residential uses at a density of 7.5 units per acre.
The proposed zoning district to be assigned to the property is the Low Medium
Density Residential (LMDR) District. The use of the subject property is consistent
with the uses allowed in the district and the property exceeds the district's
minimum dimensional requirements. The proposed annexation is therefore
consistent with the Countywide Plan and the City's Comprehensive Plan and
Community Development Code; and
Council Work Session 11/18/2013 19
The property proposed for annexation is contiguous to existing City
boundaries to the west; therefore, the annexation is consistent with Florida
Statutes Chapter 171.044.
9.7 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 1222 Palm Street (Lot 33 and East 4 feet of Lot
34, Block A, Cleardun Subdivision); and pass Ordinances 8502-13, 8503-13 and
8504-13 on first read ing.(ANX2013-09029)
This voluntary annexation petition involves a 0.151-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 360 feet east of Douglas Avenue (County
Road 345). 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 contiguous to existing City boundaries to the west and to the south. 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 this property by Station 51 located at 1720
Overbrook Avenue. The City has adequate capacity to serve this property with
sanitary sewer, solid waste, police, fire and EMS service. The proposed
annexation will not have an adverse effect on public facilities and their levels of
service; and
The proposed annexation is consistent with and promotes the following objective
of the Clearwater Comprehensive Plan:
Objective A.6.4 Due to the built-out character of the City of Clearwater, compact
urban development within the urban service area shall be promoted through
application of the Clearwater Community Development Code.
Objective A.7.2 Diversify and expand the City's tax base through the annexation
of a variety of land uses located within the Clearwater Planning Area.
Policy A.7.2.3 Continue to process voluntary annexations for single-family
Council Work Session 11/18/2013 20
residential properties upon request. The proposed Residential Urban (RU)
Future Land Use Map category is consistent with the current Countywide Plan
designation of this property. This designation primarily permits residential uses at
a density of 7.5 units per acre. The proposed zoning district to be assigned to
the property is the Low Medium Density Residential (LMDR) District. The use of
the subject property is consistent with the uses allowed in the district and the
property exceeds the district's minimum dimensional requirements. The
proposed annexation is therefore consistent with the Countywide Plan and the
City's Comprehensive Plan and Community Development Code; and The
property proposed for annexation is contiguous to existing City boundaries to the
west and to the south; therefore, the annexation is consistent with Florida
Statutes Chapter 171.044.
9.8 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 1946 Chenango Avenue (South 31 feet of Lot 22,
Floradel Subdivision); and pass Ordinances 8505-13, 8506-13 and 8507-13 on
first reading.(ANX2013-09030)
This voluntary annexation petition involves a 0.182-acre property consisting of
one parcel of land occupied by a single-family dwelling. It is located on the west
side of Chenango Avenue, approximately 700 feet north of Sunset Point Road
(County Road 576). 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 contiguous to existing City boundaries to the west. 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
Council Work Session 11/18/2013 21
and emergency medical services will be provided to this property by Station 51
located at 1720 Overbrook Avenue. The City has adequate capacity to serve this
property with sanitary sewer, solid waste, police, fire and EMS service. The
proposed annexation will not have an adverse effect on public facilities and their
levels of service; and
The proposed annexation is consistent with and promotes the following
objective of the Clearwater Comprehensive Plan:
Objective A.6.4 Due to the built-out character of the City of Clearwater,
compact urban development within the urban service area shall be promoted
through application of the Clearwater Community Development Code.
Objective A.7.2 Diversify and expand the City's tax base through the
annexation of a variety of land uses located within the Clearwater Planning Area.
Policy A.7.2.3 Continue to process voluntary annexations for single-family
residential properties upon request.
The proposed Residential Urban (RU) Future Land Use Map category is
consistent with the current Countywide Plan designation of this property. This
designation primarily permits residential uses at a density of 7.5 units per acre.
The proposed zoning district to be assigned to the property is the Low Medium
Density Residential (LMDR) District. The use of the subject property is consistent
with the uses allowed in the district and the property exceeds the district's
minimum dimensional requirements. The proposed annexation is therefore
consistent with the Countywide Plan and the City's Comprehensive Plan and
Community Development Code; and
The property proposed for annexation is contiguous to existing City
boundaries to the west; therefore, the annexation is consistent with Florida
Statutes Chapter 171.044.
Council Work Session 11/18/2013 22
9.9 Approve the Development Agreement between Ted and Maria Lenart, Trustees
of Lenart Family Trust UTD December 20, 1991 (the property owner) and the
City of Clearwater, providing for the allocation of up to 69 units from the Hotel
Density Reserve under Beach by Design with a change to the wording of Section
6.1.3.2 of the Development Agreement from five years from approval of the
Development Agreement to one year for obtaining a site plan approval; adopt
Resolution 13-31, and authorize the appropriate officials to execute same.
(H DA2013-08007)
Development Proposal:
The owners propose to utilize the existing 64-rooms (30 of which are considered
as conforming through an approved Termination of Status of Nonconformity for
density (FLD2013-08025) reviewed by the Community Development Board on
October 15, 2013) while requesting up to an additional 69 hotel rooms from the
Hotel Density Reserve through Beach by Design resulting in a total of 103 units
(150 units per acre). It should be reiterated that the maximum density permitted
by Beach by Design is 150 units per acre or, for this site, 103 units.
Consistency with the Community Development Code:
No changes have been made to the Conceptual Site Plan presented at the
October 16, 2013 Council meeting. The Conceptual Site Plan continues to
appear to be consistent with the CDC with regard to:
• Minimum Lot Area and Width:
• Minimum Setbacks:
• Maximum Height:
• Minimum Off-Street Parking-
Landscaping-
Consistency with Beach by Design:
No changes have been made to the Conceptual Site Plan presented at the
October 16, 2013 Council meeting. The Conceptual Site Plan continues to
appear to be consistent with the Beach by Design with regard to:
Council Work Session 11/18/2013 23
• Design Guidelines
• Hotel Density Reserve
Standards for Development Agreements:
Staff has requested minor to be made to the Development Agreement since the
October 16, 2013 Council meeting as follows:
Clarify in Sections 6.2.3 and 6.1.5 what occurs in the event of compliance with
conditions of the Termination of Nonconformity. This language should reflect that
30 of the 69 request units from the Reserve will be returned to the Reserve
thereby maintaining the maximum permitted density of 150 units per acre or a
total of 103 units.
Recite density in Section 4.1.
In Section 6.1.6, replace overnight hotel guests with members of the public as
overnight hotel guests.
Remove the reference to the timeframe which allows up to five years for
obtaining development approval in Section 6.1.3.2 and replace with one year
and add language that the site plan must be approved and construction started
within the timeframes as set forth in the CDC.
Attach Conceptual Plan as Exhibit and title that Exhibit accordingly.
Change Site Plan to Conceptual Site Plan in Section 6.1.3.1 and anywhere else
where the intent is to refer to the Conceptual Site Plan.
Add provisions regarding the provision of a bond as follows: Developer agrees
to provide a cashier's check, a payment and performance bond, or letter of credit
in the amount of 115% of the estimated costs of the public facilities and services
to be deposited with the City to secure construction of any new public facilities
and services required to be constructed by this Agreement. Such construction
shall be completed prior to issuance of a Certificate of Occupancy for the
Project.
The applicant did not incorporate the requested change with regard to item four,
above, and is reflected in Staff's recommendation.
The proposal is in compliance with the standards for development agreements,
is consistent with the Comprehensive Plan and furthers the vision of beach
Council Work Session 11/18/2013 24
redevelopment set forth in Beach by Design. The proposed Development
Agreement will be in effect for a period not to exceed ten years, meets the
criteria for the allocation of rooms from the Hotel Density Reserve under Beach
by Design and includes the following main provisions:
• Provides for the allocation of up to 69 units from the Hotel Density
Reserve or a maximum density of 150 units per acre, whichever is less;
• Requires the developer to obtain building permits and certificates of
occupancy in accordance with (CDC) Section 4-407;
• Requires the return of any hotel unit obtained from the Hotel Density
Reserve that is not constructed;
• For units allocated from the Hotel Density Reserve, prohibits the
conversion of any hotel unit to a residential use and requires the recording
of a covenant restricting use of such hotel units to overnight
accommodation usage; and
• Requires a legally enforceable mandatory evacuation/closure covenant
that the hotel will be closed as soon as practicable after a hurricane watch
that includes Clearwater Beach is posted by the National Hurricane
Center.
Changes to Development Agreements:
Pursuant to Section 4-606.1., CDC, a Development Agreement may be amended
by mutual consent of the parties, provided the notice and public hearing
requirements of Section 4-206 are followed. Revisions to conceptual site plans
and/or architectural elevations attached as exhibits to this Development
Agreement shall be governed by the provisions of Section 4-406, CDC. Minor
revisions to such plans may be approved by the Community Development
Coordinator. Other revisions not specified as minor shall require an amendment
to this Development Agreement.
The Planning and Development Department is recommending APPROVAL of
this Development Agreement for the allocation of up to 69 units from the Hotel
Density Reserve under Beach by Design with a change to the wording of Section
6.1.3.2 from five years from approval of the Development Agreement to one year
for obtaining of site plan approval.
Council Work Session 11/18/2013 25
In response to questions, the City Attorney said the Applicant had agreed to 3 years at
the last meeting. Planner Mark Parry said the maximum units allowed on the site is 103.
For the termination of nonconformity, the Applicant must meet certain timeframes. The
Applicant was over-dense by 30 units. The ultimate goal is to redevelop the site to 103
units. The Applicant is planning to build a brand new facility after the current structure is
demolished. The Applicant must bring the landscaping and signage up to code. Mr.
Parry said if the Applicant has one year for site plan approval, they will not bother
removing the sign which will cause them to lose their vesting of the nonconformity.
10. Official Records and Legislative Services
The Council recessed from 2:55 p.m. to 3:00 p.m.
10.1 State Lobbying Services
The City Clerk said the City's principals with Pennington Law Firm, Peter Dunbar and
Martha Edenfield, have separated to form a new governmental affairs division for Dean
Mead in Tallahassee. The City's third principal, Mark Dunbar, has also separated from
Pennington. The City has the option to remain with Pennington or request the files be
transferred to Dean Mead. The City also has the option to release a Request for
Proposals for a new firm.
11. Legal
11.1 Adopt Ordinance 8436-13 on second reading, establishing an exemption from
certain ad valorem taxes for certain new businesses and expansions of existing
businesses; providing for an application, continuing performance and City
Council revocation.
11.2 Adopt Ordinance 8479-13 on second reading, relating to red light camera
enforcement establishing procedures for hearings before a local hearing officer.
11.3 Amend Chapter 2, Clearwater Code of Ordinances, to create Section 2.005 to
depict the City Seal, renumber the current Section 2.005 to Section 2.006, and
pass Ordinance 8525-13 on first reading.
As part of the City's Centennial celebration, the Council decided that it wanted to
adopt a new City Seal. The previous seal was adopted by ordinance, but the
image of the seal was not codified as a specific section of the Code.Ordinance
8525-13 codifies the Seal as chosen by the City Council to replace the current
seal and renumbers the existing subsections regarding usage of the official City
Seal.
Council Work Session 11/18/2013 26
12. City Manager Verbal Reports — None.
13. Council Discussion Items
13.1 Update on US 19 Plan re: McCormick and US 19 Office Park - Councilmember
Jonson
Councilmember Jonson requested an update on the US 19 Corridor Development Plan.
Planning and Development Director Michael Delk said no new applications have been
received. HDR has been hired for the second version of the plan and to compile the
regulatory framework. The regulatory process should conclude mid-year of 2014. The
transportation component will intensify intensity and density of the corridor to promote
redevelopment and urbanize the section of the corridor. Office buildings are being
moved closer to the roadway.
13.2 Completion of the connection between the Ream Wilson Trail and the Courtney
Campbell Trail - Councilmember Jonson
Councilmember Jonson requested clarification regarding the discussion on October 14,
2013 pertaining to MPO's request for the City to prioritize funding for the construction of
the trail connection from Ream Wilson to Courtney Campbell. It was discussed that
both projects should occur simultaneously but questions were raised regarding
reprioritizing or loaning money to the project so that the project could be completed
concurrently with the Courtney Campbell project. Council has not reached an official
consensus on the matter. Councilmember Jonson questioned what action does Council
wish to take on this matter.
The City Manager said Council did not vote to accelerate the project to make the
Bayshore connection to the Ream Wilson Trail or determine the funding source. The
Penny for Pinellas funds identified for the project would not be available until 2016.
Staff will schedule one-on-ones with Council to discuss the funding options available,
followed by council discussion at a future work session.
13.3 Fractional Ownership, Zero Setback, and Hotel Density - Vice Mayor Gibson
The City Attorney said staff will be presenting an ordinance at the second meeting in
December. Density pool hotel units will be open to the public on a transient basis.
Council Work Session 11/18/2013 27
In response to a question, Planning and Development Assistant Director Gina Clayton
said the proposed ordinance addresses setbacks in small motel districts.
14. Closing Comments by Mayor
15. Adjourn
The meeting adjourned at 3:32 p.m.
Council Work Session 11/18/2013 28