08/18/2014 Council Worksession Meeting Minutes August 18, 2014
City of Clearwater
City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
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Meeting Minutes
Monday, August 18, 2014
1 :00 PM
Council Chambers
Council Worksession
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City of Clearwater
Council Worksession Meeting Minutes August 18, 2014
Roll Call
Present 5 - Mayor George N. Cretekos, Councilmember Doreen Hock-DiPolito,
Councilmember Bill Jonson, and Councilmember Hoyt Hamilton
Absent 1 - Councilmember Jay Polglaze
Also Present - William B. Horne 11 - City Manager, Jill S. Silverboard -Assistant City
Manager, Pamela K. Akin - City Attorney, Rosemarie Call - City
Clerk, Nicole Sprague - Official Records and Legislative Services
Coordinator
To provide continuity for research, items are listed in agenda order although not
necessarily discussed in that order.
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 Service Awards
One service award was presented to a city employee.
The August 2014 Employee of the Month award was presented to Fire
Medic William Billups.
The Council recessed from 1:04 p.m. to 1:16 p.m. to meet as the Pension
Trustees.
3. Economic Development and Housing
3.1 Appoint eleven members to the Affordable Housing Advisory Committee and adopt
Resolution 14-26.
Florida Statute Section 420.9076 states that counties and cities receiving State
Housing Initiatives Partnership (SHIP) program funds are required to
re-establish an Affordable Housing Advisory Committee (AHAC) and prepare a
Local Housing Incentive Strategy (LHIS). The statute further provides that the
committee be made up of eleven members and that the City appoint the eleven
members by resolution. The eleven members must represent a specific
industry or a specific group.
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The required groups and recommended individuals are listed below:
Residential home building: Michael Potts
Banking industry/mortgage: Linda Kemp
Area of labor engaged in home building: Ronald Spoor
Advocate for low-income person: Lisa Hughes
For-profit provider of affordable housing: Peter Leach
Not-for-profit provider of affordable housing: Jacqueline Rivera
Real estate professional engaged in affordable housing: Peggy Cutcomb
Member of the local planning agency: Michael Boutzoukas
Clearwater resident: Vicki Adelson
Employers representative: Kristin Dailey
Essential Services representative: Bob Clifford
The duties of the Affordable Housing Advisory Committee shall include
reviewing policies and procedures, ordinances, land development regulations
and the City's adopted comprehensive plan and shall recommend specific
actions or initiatives to encourage or facilitate affordable housing while
protecting the ability of the property to appreciate in value. The
recommendations may include the modification or repeal of existing policies,
procedures, ordinances, regulations, or plan provisions; the creation of
exceptions applicable to affordable housing, or the adoption of the new
policies, procedures, regulations, ordinances, or plan provisions, including
recommendations to amend local government comprehensive plan and
corresponding regulations, ordinances, and other policies. The report must be
submitted to the City Council by December 31, 2014. The reports are due
triennially on December 31 of the year preceding the submission of the Local
Housing Assistance Plan. The report shall evaluate the implementation of
affordable housing incentives in several areas including the processing of
approvals of development orders or permits, as defined in s. 163.3164(7) and
(8), for affordable housing projects is expedited to a greater degree than other
projects and the modification of impact-fee requirements, including reduction or
waiver of fees and alternative methods of fee payment for affordable housing.
4. Parks and Recreation
4.1 Amend Appendix A relating to Parks, Beaches, and Recreation Schedule of Fees,
Rates and Charges Section XI, to establish definitions for purposes of applying park
facility user fees including amending the definition of family to include domestic
partnerships as registered with the City of Clearwater or Pinellas County and pass
Ordinance 8575-14 on first reading.
In order to serve the public in a fair and equitable way in terms of establishing
fee structures for recreation cards and play passes the Parks and Recreation
Department has for the past 40 years established department policies to define
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and regulate these fees. These definitions appear in all City promotional
materials most notably the My Clearwater magazine.
To provide consistence with Council action of June 7, 2012 with inclusion of
Domestic Partnership Registry staff recommends the following change to the
classification definitions:
Youth: 18 years of age or younger or a full-time college student less than 23
years of age.
Senior: 55 years of age or older.
Adult: 19 years of age or older.
Adult Plus One: Two family members living in the same household.
Family: Husband and wife or two persons with a Registered Domestic
Partnership with the City of Clearwater or Pinellas County, Florida, or a legal
guardian and their children who live in the same household, who are 18 years
of age or under, or less than 23 years of age and a full-time college student.
The codification of these definitions as well as adding language that states
"verification of any age or family status may be required" will help staff in
administering the fee structures necessary to meet the needs of the
community.
4.2 Amend Section 22.35 of the City of Clearwater Code of Ordinances, to clarify areas
where fishing on public beaches is restricted and pass Ordinance 8580-14 on first
reading.
The intent of the original language in Section 22.35 was to prohibit fishing from
public beaches in a specific area of Clearwater Beach as described in section
33.114.
The current language restricts far more area than originally intended and in
essence includes any area where persons are allowed to swim.
Approval of this ordinance will clarify and restrict fishing within only those areas
specified in Section 33.114.
This ordinance is necessary to protect the public from an inherent safety
conflict between fishing and swimming in the same public beach areas.
In response to questions, Parks and Recreation Director Kevin Dunbar said
the item before Council defines the specific area of the beach where fishing
is prohibited. The prior language was vague and could be interpreted to
allow fishing in public bathing areas.
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4.3 Approve a Right-of-Way (ROW) Beautification Revocable License Agreement Form to
be used with various neighborhood and association groups for the purposes of
maintaining landscaping and improvements within City ROW's and the City of
Clearwater and authorize the City Manager, or designee, to approve such
agreements. (consent)
Over the past 20 to 25 years various agreements have been entered into with
neighborhood and Homeowner Associations (HOA's) regarding installation and
maintenance of landscaping and other beautification improvements on ROW's
and/or other public property. These agreements while similar in nature have
different formats, titles and requirements; (Adopt-a-Park, Adopt-a-Median,
ROW Agreement, etc.). For the most part they were created so that individual
HOA's and neighborhood groups could provide enhanced beautification,
signage and other improvements at entry points into their subdivisions.
Staff is recommending that these agreements be standardized into one ROW
Beautification Revocable License Agreement Form that can be used for all of
the current agreement holders.
After researching all of the files staff has verified that only eight of the original
18 agreements are still valid and actively supported by their neighborhood or
HOA's. In addition there are two neighborhood groups that do not have a
formalized agreement but would need one to continue to maintain flag poles on
City properties.
Certified letters were sent to the eight remaining groups notifying them of the
proposed change in the agreements. Only two responded that they could meet
the insurance requirements and wanted to continue with an agreement. Five
others wanted to continue but did not have funds to pay for the insurance
requirements being proposed.
Staff is recommending the template agreement have no requirements for
additional insurance thus, allowing these groups to continue to provide the
enhancements currently in the ROW. This provision will provide no additional
expense to the City.
Each agreement will include standard language regarding the rights of the
Licensee as well as individual exhibits that detail the specific location of the
median/ROW; specific improvement/beautification; and specific maintenance
responsibilities.
Following is a list of the various neighborhoods that would be included:
Coachman Ridge, Grovewood, Island Estates, Morn ingside/Meadows,
Northwood Estates, Northwood West, Sand Key, Windsor Park, Brookhill
Subdivision and Skycrest.
Staff is further recommending that the Council allow the City Manager or his
designee to enter into these agreements.
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Staff is not recommending entering in to any new ROW Beautification
Revocable License Agreements only honoring the existing valid agreements in
the new format.
In response to questions, Parks and Recreation Director Kevin Dunbar said
2 of the 8 Home Owners Associations (HOA) fulfill the insurance
requirement. Staff has contacted the HOAs regarding their interest to
continue in the program. The City Attorney said paragraph 5 states the City
will not be liable. If an individual attempts to sue the City, the HOA will also
be involved in the litigation. Not requiring the insurance does not change the
HOA's risk. The agreement before Council does not state the City will
provide insurance for the HOA.
The City Manager said one neighborhood said it was very difficult to meet
the insurance requirement and requested city assistance. Staff is
recommending not encouraging any more monuments. Mr. Dunbar said the
agreement also includes landscape maintenance. HOAs are required to
provide proof of insurance.
5. Engineering
5.1 Award a construction contract to Kloote Contracting, Inc. of Palm Harbor, Fl. for Lift
Station 29, 46, and 50 (13-0047-UT) improvements in the amount of$374,788, which
is the lowest responsible bid received in accordance with plans and specifications,
and authorize the appropriate officials to execute same. (consent)
Based on evaluations of the City's sewer system, Lift Stations 29, 46 and
50 ranked high in priority for upgrade as part of the overall rehabilitation of
the City's wastewater collection system. This construction includes
improvements to the existing structures and equipment, which is in need of
repair due to age and wear.
Lift Station 29 is located at the intersection of South Fort Harrison Avenue
and Howard Court (509 Howard Court). The improvements include
providing bypass while installing new pumps, replacing pipes, valves, and
various components to meet City's standards.
Lift Station 46 is located at the intersection of McMullen Booth Road and
Eastland Boulevard (2022 McMullen Booth Rd). The improvements include
providing bypass while constructing a new valve vault and various
components to meet City's standards.
Lift Station 50 is located on Countryside Boulevard, between U.S. 19 N
and Village Drive. The improvements include providing bypass while
replacing pipes, valves, and various components to meet City's standards
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Public Utilities will provide the daily inspection and URS will provide the
engineering services during the construction.
The City of Clearwater's Public Utilities Department Wastewater Collection
Division is responsible for owning, operating and maintaining the
wastewater collection system including all gravity pipelines and manholes
that convey the raw sewage to the lift stations and from lift stations to
City's wastewater treatment facilities.
APPROPRIATION CODE AND AMOUNT:
0315-96686-563800-535-000-0000
Funds are available in capital improvement program project 315-96686, Pump
Station Replacement, to fund this contract.
5.2 Approve a work order to Engineer of Record (EOR) URS Corporation in the amount of
$199,876, approve a Cooperative Funding Agreement with Southwest Florida Water
Management District (SWFWMD) in the amount of$750,000.00 for the Reclaimed
Water Expansion per 2014 Resident Requests (13-0052-UT) and authorize the
appropriate officials to execute same. (consent)
This Agenda Item provides for engineering and design services for the
construction of new reclaimed water transmission and distribution mains to
the six different resident initiated areas in 2014.
The goal of this and all other reclaimed water projects is to reduce the
amount of potable water and groundwater being used for irrigation and
other non-potable uses. In addition, expansion of the Reclaimed Water
Distribution System in accordance with Reclaimed Water Master Plan
brings the City of Clearwater closer to achieving zero-discharge of effluent
to Tampa Bay and adjacent surface waters.
The project provides for the design and bidding services for six reclaimed
water distribution systems and their associated extensions of the reclaimed
water transmission system as follows:
• 11 Residential Properties along Jasmine Way.
• 24 Residential Properties along Parkwood St. and 4 Residential
Properties Carlos Ave.
• 17 Residential Properties along Druid Rd.
• 4 Residential Properties along Drew St.
• 94 Residential Properties including all of Forest Wood Estates
Subdivision and 2 adjacent Properties
• 9 lawn meters in Imperial Cove Condos located at 19209 U.S. Hwy.
19 N.
URS Corporation is one of the City's Engineers-of-record, and this work
order was negotiated in accordance with the Consultants Competitive
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Negotiations Act.
The Cooperative Funding Agreement between the City and SWFWMD
includes reimbursement of up to 50% of the cost of design, permitting and
construction costs for transmission and distribution of reclaimed water lines
up to a maximum of$750,000. There is no cost associated with accepting
the Cooperative Funding Agreement.
The estimated total project cost is $1,500,000 and the City's estimated
share of the project costs is $750,000.
APPROPRIATION CODE AND AMOUNT:
0315-96739-561300-533-000-0000 $750,000
Funding is available in Capital Improvement Program project 0315-96739,
Reclaimed Water Distribution System to fund the project in the amount of
$750,000.
5.3 Approve the final plat for Majestic Oaks Replat, 3030 Union Street, located on the
north side of Union Street approximately 1,000 feet east of McMullen Booth Road.
(consent)
This replat will address the conflict of the subdivision entrance road and School
Board Entrance Dive on Union St.
There are no changes in the 43 lots currently platted.
The Flexible Standard case was reviewed on July 24, 2013
The Development Order was issued on September 19, 2013.
5.4 Approve a Scope of Services and Performance Agreement for a three-year term,
October 1, 2014 through September 30, 2017, to include two optional additional
one-year renewals with Data Ticket Inc., Newport Beach, CA, for parking violation
processing services at a cost of$1.29 per citation processed and for collection agency
services at a fee of 23% of total delinquent fines collected and authorize the
appropriate officials to execute same; and approve addition of one new FTE to the
Parking Enforcement Division (consent).
The current agreements with Citation Management, a division of Professional
Asset Management, LLC, for parking violation processing services and
collection agency services expire on September 30, 2014.
Five firms responded to RFP 22-14 by submitting written proposals and three
made presentations to the selection committee. The selection committee
ranked Data Ticket Inc. as top firm. The selection committee was comprised of
representatives from Internal Audit, Information Technology (IT) and the
Parking System.
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Data Ticket Inc. was ranked the top firm based on the following selection
criteria: experience and qualifications, project approach, financial
stability/references, customer service approach, hardware/software and fees.
This is a 3-year agreement with two one-year renewal options, upon the written
mutual agreement of both parties. The parking violation process fee of$1.29
per citation is for years one through three. The collection agency service fee
will be 23% (Collection Fee) for all three years. The Collection Fee will be
added to the outstanding ticket balance when a citation is 31 days old and will
be paid by the customer. Approximately 32,000 citations are issued annually.
The estimated annual cost to the City under the proposed contract is $41,170.
Staff anticipates approximately $18,500 in additional start-up costs during the
first year of the contract.
The terms of the parking violation processing services agreement include: all
hardware/software for noticing and coordination with the State Division of
Motor Vehicles for registration holds; processing of all delinquent notices;
delinquent collections; City lease of seven handheld ticket writers with
integrated printer and color photography; and establishment of a web site with
the following capabilities:
• View real-time citation(s) data, including pictures taken by the issuing
officer
• Accept payment via VISA, MasterCard, Discover and American Express
credit/debit cards, cash, check or money order
• Process insufficient-funds-requests and refunds
• Reduce or increase violation amounts, dismiss citations, void citations
and place a citation on hold
• Change citation data, including violations, date, time, plate, location,
comments, make, model, color, registration expiration date and others
• Perform administrative reviews online by entering the disposition
directly online
• Generate a time expired or letter of non responsibility for a citation in
the adjudication process
• View the complete reason for the review request and supporting
documentation provided by the appellant directly online
• Edit appellant information
• Upload disposition documents sent to the City via US Mail
• Add a note to a citation and see all comments added to the citation
• View the reason for the 2nd Level Administrative Hearing Request
online and view the supporting documentation provided by the
appellant, directly online
• Print a receipt with or without registered owner information
Many of these website features are not available under the current contract
and are intended to provide customers with any available information, in real
time, related to their citation. This may result in a reduction in the number of
citation disputes and cases brought to court.
Citations that are unpaid after 90 days are forwarded to the delinquent services
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- Penn Credit for collection efforts. Penn Credit receives 23% of the funds they
collect.
Current average annual gross parking fine revenue is $810,000 with $5 for
every citation collected, or an estimated $160,000, directed to the School
Crossing Guard Program.
The City intends to bring in-house the customer service function previously
provided by Duncan Solutions. The new functions to be performed in-house
include: acceptance of walk-in payments; establishment of a local and toll free
telephone line going directly to City staff; City staff review and adjudication of
citation appeals in person; and routine correspondence (citizen questions,
complaints, concerns, etc.).
In order to perform this function staff has identified a need for one new FTE,
Customer Service Representative, to be located in the Garden Avenue Garage
office and paid from the Parking Fund. Savings from the new contract with
Data Ticket are sufficient to cover the salary and benefits of this new FTE.
APPROPRIATION CODE AND AMOUNT:
0435-01334-530300-545-000-0000
Funding for this agreement is included in the 2014/15 City Manager's
Recommended Parking Enforcement Operating Budget of Contractual
Services. Future years funding will be included in the Parking Enforcement
operation budget from the Manager.
Type: Operating Expenditure
In response to a question, Parking Manager Eric Wilson said the website is
accessible by the public, there are different levels of access.
5.5 Approve the request from the owner of property addressed at 1355 Union Street to
vacate a series of platted utility easements; and pass Ordinance 8579-14 on first
reading (VAC2014-02).
The owner of property located at 1355 Union Street is planning to construct
new improvements on a portion of his property encumbered by several
five-foot wide utility easements that were dedicated to the public when the
subdivision was platted. A survey of the property revealed that existing
improvements also encroach into these easements. The easement vacation,
as proposed, would eliminate these encroachments.
The City's Engineering, Public Utilities and Gas System departments have no
plans to use these easements. Staff has no objection to the request.
Duke Energy, Verizon, Bright House and WOW! (formally Knology) each have
no objections to the request.
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6. Planning
6.1 Provide direction on the proposed Development Agreement between Mainstream
Partners VIII, LTD. (the property owner) 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
August 20, 2014 at 6:00 p.m., or as soon thereafter as may be heard.
(HDA2013-08006; 405 Coronado Drive)
Site Location and Existing Conditions:
The 1.32-acre site is bound by Coronado Drive (west), Hamden Drive (east)
5th Street (north) at the intersection Hamden Drive and Bayside Drive. The
subject property is comprised of five parcels with a frontage of approximately
400 feet along Coronado Drive and 175 feet of frontage along Hamden Drive.
The site is occupied by a parking lot along 5th Street (recently constructed)
and the Gulf Beach Inn (along Coronado Drive) a 22 unit overnight
accommodation use built in 1960 (according to Pinellas County Property
Appraiser records). The subject property is zoned Tourist (T) District with an
underlying Future Land Use Plan (FLUP) category of Resort Facilities High
(RFH). The subject property is also located within the Small Motel District of
Beach by Design.
Access to the site is generally provided by a drop curb along Fifth Street along
the north side of the site. Non-compliant parking is provided along Hamden
Drive. These parking spaces exist partially or wholly within and back out into
the Hamden Drive right-of-way. The remaining buildings are located along
Coronado Drive.
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 two story hotels. A five-story
attached dwelling is located at the northeast corner of Bayside Drive and
Hamden Drive. Detached dwellings are located farther along the length of
Bayside Drive. The properties located along Hamden Drive around which the
subject site wraps are developed with attached dwellings and overnight
accommodation uses. The City's Beach Walk project, to the west, has been
constructed transforming South Gulfview Boulevard to the north of this site into
a winding beachside promenade with lush landscaping, artistic touches and
clear views to Clearwater's award-winning beach and the water beyond.
Coronado Drive has largely been improved according to Beach by Design.
Development Proposal:
The owners propose to utilize the otherwise permitted density of 50 units per
acre or 66 units and incorporate an additional 100 units from the Hotel Density
Reserve through Beach by Design resulting in a total of 166 units (126 units
per acre).
The current proposal is to demolish all structures on the site and redevelop the
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site with a 166-unit overnight accommodation use (126 rooms per acre,
including the allocation of 100 rooms from the Hotel Density Reserve). The
building will be 100 feet (from Base Flood Elevation) to flat roof with the
parking on the first three levels. The proposal includes a tropical modern
architecture, which is consistent with and complements the tropical vernacular
envisioned in Beach by Design.
The site will be accessed via a two-way driveway at the southeast corner of the
property which will provide access to the parking garage component of the
development. A one-way drop-off is provided along the north side of the site
along 5th Street. The entrance is located at the northwest corner of the site
and the drop-off exits into the parking garage driveway.
The northwest corner of the building at the ground floor will consist of retail
space and the lobby will be located at the north side of the building. As noted,
the first three floors of the building will contain a parking garage as well as
miscellaneous back-of-house components such as maintenance rooms and
laundry facilities. The fourth floor will include a pool and pool deck (over
parking at the southwest quadrant of the building. The remainder of the floor
will be dedicated to dining, meeting space, exercise room, an upper lobby, six
hotel rooms and miscellaneous back-of-house components. Floors five
through nine will be dedicated almost entirely to hotel rooms (32 per floor).
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 57,499 square feet in area and
approximately 400 feet wide. The site is consistent with these Code
provisions.
Minimum Setbacks:
The conceptual site plan depicts setbacks of 15 feet along the front (north and
east) along 5th Street and Hamden Drive, respectively and 10 feet to building
along all other remaining sides of the site including along Coronado Drive. The
proposed setbacks may be approved as part of a Level One (FLS) application,
subject to meeting the applicable flexibility criteria of the Community
Development Code.
Maximum Height:
Section B of the Design Guidelines within Beach by Design specifically
addresses height. The proposal provides for a building 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,
This section also requires that portions of any structures which exceed 100 feet
are spaced at least 100 feet apart. This section also includes overall
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separation requirements for structures over 100 feet in height as two options:
(1) no more than two structures which exceed 100 feet within 500 feet; or (2)
no more than four structures which exceed 100 feet within 800 feet.
The proposal provides for a building which does not exceed 100 feet in height.
The height of the proposed building is consistent with the guidelines of Beach
by Design.
Minimum Off-Street Parkinq:
The 166-room overnight accommodation use requires a minimum of 199
off-street parking spaces. A parking garage located on the first three levels of
the building will provide 199 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.
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
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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 100 units from the Hotel Density Reserve;
• 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.
Planner Mark Parry said the second hearing date is September 4, 2014.
In response to questions, Mr. Parry said the total rooms proposed are 166.
The development agreement requires site plan approval within one year. The
applicant can request a 2-year development order and will have two years
from site plan approval to submit for a building permit. During that time, the
applicant will have the opportunity for two 1-year extensions, one of which is
from the Community Development Board (CDB). There is one year for the
development approval process. The development agreement includes
milestones, failing to meet a particular milestones will terminate the
agreement. Developments over fifty feet high would be a Level 2 application,
which are reviewed by CDB. The Development Review Committee reviews
Level 1 flexible standard applications.
A concern was expressed regarding the proposed width of the sidewalk.
Staff was directed to confirm with the Applicant that the sidewalks will be 10
feet wide.
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6.2 Approve of a Development Agreement between PV-Pelican Walk, LLC (Paradise) and
the City of Clearwater, to allow for a parking garage with 642 parking spaces
(including 11,482 square feet of retail sales and service space) in the Tourist (T)
District as per Community Development Code Section 4-606; adopt Resolution 14-23,
and authorize the appropriate officials to execute same. (DVA2014-06001)
The proposal consists of two parcels of land which have an overall acreage of
1.68 acres. One parcel is 0.74 acres and consists of the Pelican Walk
shopping center. The other parcel is 0.94 acres and consists of a surface
parking lot that supports the shopping center. The property is located within the
Tourist (T) District and the Resort Facilities High (RFH) Future Land Use Plan
category. It is located in the Retail/Restaurant District in Beach by Design.
The proposal is to construct a seven-level parking garage with 11,482 square
feet of retail sales and service space on the 0.94 acres behind the Pelican
Walk shopping center. The garage will support the shopping center as well as
the businesses within the overall Retail/Restaurant district in Beach by Design.
This district encompasses the area bounded by Memorial Causeway,
Mandalay Avenue, Baymont Street, and Poinsettia Avenue.
There will be a total of 642 parking spaces. The first 89 shall be apportioned as
the developer chooses between leased and hourly parking, subject to a
parking management plan acceptable to the City as a condition of closing. The
next 450 spaces will be purchased by the City to be used as a public parking
garage. The remaining 103 spaces on the top floor will be utilized in the same
manner as the first 89 spaces.
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 and includes the following main
provision:
❑ The development agreement will be in effect for ten years which
complies with the duration of a general development agreement set
forth in CDC Section 4-606.B.1.
On July 15, 2014, the Community Development Board approved a Flexible
Development application (FLD2014-05013) to permit a parking garage with
642 parking spaces (including 11,482 square feet of retail sales and service
space) in the Tourist (T) District with a lot area of 73,363 square feet, a lot
width of 350 feet, a front (east) setback of zero feet (to building), a side (north)
setback of zero feet (to concrete walkway) and 5.2 feet (to building), a side
(south) setback of zero feet (to concrete walkway) and 5.2 feet (to building), a
building height of 64.3 feet (from BFE) to top of flat roof and 85.11 feet (to
elevator and other mechanical equipment from BFE), as a Comprehensive Infill
Redevelopment Project under the provisions of CDC Section 2-803.D.; and a
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Council Worksession Meeting Minutes August 18, 2014
reduction to the foundation landscape buffer from five feet wide to zero feet as
part of a Comprehensive Landscape Program under the provisions of
3-1202.G.
The development proposal will not degrade the Level of Service (LOS C or
better) on surrounding transportation facilities nor adversely affect the nearby
the nearby signalized intersection which is consistent with the Metropolitan
Planning Organization concurrency management for transportation facilities.
The Community Development Board will review the development agreement at
its meeting on August 19, 2014.
The Planning and Development Department is recommending APPROVAL of
this Development Agreement under CDC Section 4-606.
In response to questions, Assistant City Manager Rod Irwin said Engineering
issued an RFP for a construction manager at risk to represent the City
through construction. Engineering Director Mike Quillen said Tim Haas and
Associates has been selected. The individual will be reviewing the
construction plans and inspections at various stages of the project. Mr. Irwin
said any deviations from the plan would come back to Council for
concurrency.
The City Attorney clarified that the RFP was for an owner's representative as
the City will not own the property until a year or so after the project is
constructed.
In response to questions, Planner Robert Tefft said any lighting that would
create more than a diffused shadow off the property is not permitted. The
proposed changing lights are not considered signage. Planning and
Development Director Michael Delk said the Capitol Theatre has changing
colored lights along the balcony that are part of the site's artistic component.
The Capitol's front signage can change color. Mr. Tefft said code allows a
maximum of 100 ft. height in the Tourist district **as part of the flexible
development process. The intent of Beach by Design is not to allow buildings
that end up as giant boxes or rectangular structures, forcing a continuous
sense of relief to the property. There are no shower or restroom facilities
proposed.
6.3 Approve a Future Land Use Map Amendment from the Residential Urban (RU)
classification to the Institutional (1) classification and a Zoning Atlas Amendment from
the Low Medium Density Residential (LMDR) District to the Institutional (1) District for
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Council Worksession Meeting Minutes August 18, 2014
properties located at 3049 and 3053 Cleveland Street and 3048 and 3054 Cherry
Lane (consisting of a portion of the South '/2 of the Southeast '/4 of the Northwest 1/4 of
the Northwest '/4 of Section 16, Township 29 South, Range 16 East); and pass
Ordinances 8574-14 and 8573-14 on first reading. (LUP2014-04001 and
REZ2014-04001)
This Future Land Use Map amendment and rezoning application involves 0.62
acres of property comprised of four parcels, located on Cleveland Street and
Cherry Lane, generally west of North McMullen Booth Road approximately 1/5
mile south of Drew Street. The request is to change the property's Future Land
Use Map designation of Residential Urban (RU) classification to the
Institutional (1) classification and a Zoning Atlas Amendment from the Low
Medium Density Residential (LMDR) District to the Institutional (1) District.
This property has a Future Land Use Map classification of Residential Urban
(RU) and Zoning Atlas designation of Low Medium Density Residential
(LMDR). The applicant is requesting to amend the Future Land Use Map
classification to the Institutional (1) classification and the Zoning Atlas to the
Institutional (1) District.
Three of the four parcels are improved with single family houses, all of which
are currently vacant. The fourth parcel is unimproved. The parcels are owned
by Calvary Baptist Church, which is located on the southwest corner of Drew
Street and McMullen Booth Road. The church has been purchasing parcels
adjacent to and in the vicinity of the subject property over the last several years
in order to accommodate growth of the church, associated school campus and
athletic facilities. Abutting properties to the north and west are owned by
Calvary Baptist. The applicant has indicated that the properties will be used for
an athletic building and parking. However, no site plans have been submitted
at this time.
The Planning and Development Department has determined that the proposed
Future Land Use Map amendment and Zoning Atlas amendment is consistent
with the Community Development Code as specified below:
• The proposed amendments are consistent with the
Comprehensive Plan, the Countywide Plan Rules, and the
Community Development Code.
• The proposed amendments are compatible with the surrounding
property and character of the neighborhood.
• Sufficient public facilities are available to serve the property.
• The proposed amendments will not have an adverse impact on
the natural environment.
• The proposed amendments will not have an adverse impact on
the use of property in the immediate area.
• The available uses in the Institutional (1) District are compatible
with the surrounding area.
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Council Worksession Meeting Minutes August 18, 2014
In accordance with the Countywide Plan Rules, the land use plan amendment
is subject to the approval of the Pinellas Planning Council and the Board of
County Commissioners acting as the Countywide Planning Authority. The
application is a small-scale amendment so review and approval by the Florida
Department of Economic Opportunity (Division of Community Planning) is not
required.
The Community Development Board reviewed these applications at its July 15,
2014 public hearing and unanimously recommended approval of the Future
Land Use Plan amendment and Zoning Atlas amendment.
The Council recessed from 2:48 p.m. to 2:55 p.m.
6.4 Approve the annexation, initial Future Land Use Map designations of Residential Low
(RL), Residential Medium (RM), and Preservation (P), and Drainage Feature Overlay
and initial Zoning Atlas designations of Low Medium Density Residential (LMDR),
Medium Density Residential (MDR), and Preservation (P) districts for 1813 Carlton
Drive; 1752 Evans Drive; 2700 and 2715 Morningside Drive; 2709 and 2738 Woodring
Drive; 2718 Terrace Drive North; 2723/2725 South Drive and 2741 South Drive (all
parcels are located in Section 5, Township 29 South, Range 16 East); together with
certain rights of way of South Drive, Woodring Drive, Morningside Drive, Evans Drive
and Terrace Drive; and pass Ordinances 8576-14, 8577-14 and 8578-14 on first
reading. (ATA2014-05002)
The City of Clearwater Planning and Development Department identified an
area within the Clearwater Planning Area with a large concentration of
properties with Agreements to Annex (ATAs) that are eligible for annexation.
These properties are located east of U.S. Highway 19, north of State Road
590, south of South Drive, and west of El Trinidad Drive. Subdivisions in this
area include Virginia Grove Terrace, Carlton Terrace, and Pinellas Terrace.
The Department identified a total of 189 properties in this area that could be
annexed through a phased approach over several years, and to date 171
properties have been annexed.
This application, which has been identified as Phase G of the overall
annexation project, includes 9 properties. Current or previous owners of these
properties entered into ATAs between 1983 and 2008 to obtain sanitary sewer
service. The Planning and Development Department is initiating this project to
bring the properties into the City's jurisdiction in compliance with the terms and
conditions set forth in the agreements. The Phase G properties are occupied
by 8 detached dwellings and 1 attached dwelling (2 units) on 1.77 acres of
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Council Worksession Meeting Minutes August 18, 2014
land. It is proposed that approximately 1.05 acres of right-of-way throughout
this area on South Drive, Woodring Drive, Morningside Drive, Evans Drive and
Terrace Drive North right-of-way not currently within the city limits also be
annexed. It is proposed that 7 properties be assigned a Future Land Use Map
designation of Residential Low (RL), and 2 properties be assigned a Future
Land Use Map designation of Residential Medium (RM). A drainage ditch
traverses 3 of these properties (2715 Morningside Drive, 2718 Terrace Drive
North and 1752 Evans Drive) for which the Preservation (P) and Drainage
Feature Overlay designations are proposed consistent with the ditch
boundaries. It is proposed that 8 parcels be assigned the zoning designation of
Low Medium Density Residential (LMDR) District with the exception of the
2723/2725 South Drive property where it is proposed that the parcel be
assigned a zoning designation of Medium Density Residential (MDR). In
addition, it is proposed that the aforementioned properties with the drainage
ditch also be assigned the Preservation (P) zoning category.
The Planning and Development Department has determined that the proposed
annexation is consistent with the provisions of Community Development Code
Section 4-604.E as follows:
• The properties currently receive sanitary sewer service from the City and
water service from Pinellas County. Collection of solid waste will be
provided by the City. The properties are located within Police District III and
service will be administered through the district headquarters located at
2851 N. McMullen Booth Road. Fire and emergency medical services will
be provided to these properties by Station 48 located at 1700 Belcher
Road. The City has adequate capacity to serve the properties with solid
waste, police, fire and EMS service. Water service will continue to be
provided by Pinellas County. The proposed annexations will not have an
adverse effect on public facility levels of service; and
• The proposed annexation is consistent with and promotes the following
objectives and policy of the Clearwater Comprehensive Plan:
Policy A.7.1.3: Invoke agreements to annex where properties located within
enclaves meet the contiguity requirements of Florida Statutes Chapter 171.
Objective A.6.4: Due to the built-out character of the City of Clearwater,
compact urban development within the urban service area shall be
promoted through application of the Clearwater Community Development
Code.
Objective A.7.2: Diversify and expand the City's tax base through the
annexation of a variety of land uses located within the Clearwater Planning
Area.
• The proposed Residential Low (RL), Residential Medium (RM),
Preservation (P), and Drainage Feature Overlay Future Land Use Map
categories are consistent with the current Countywide Plan designation of
the properties. The Residential Low (RL) designation primarily permits
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City of Clearwater
Council Worksession Meeting Minutes August 18, 2014
residential uses at a density of 5 units per acre while the Residential
Medium (RM) designation primarily permits residential uses at a density of
15 units per acre. The Preservation (P) and Drainage Feature Overlay
categories proposed to be applied to three properties recognize the
watershed and drainage features on the properties. The proposed zoning
districts to be assigned to the properties are the Low Medium Density
Residential (LMDR), Medium Density Residential (MDR), and Preservation
(P) Districts. The uses of the subject properties are consistent with the
uses allowed in the Low Medium Density Residential (LMDR) and Medium
Density Residential (MDR) Districts. However, the property located at
2723/2725 South Drive is an existing duplex, and although the use is
allowed within the Medium Density Residential (MDR) District, the property
does not meet the minimum lot width requirement and the lot size does not
support the development of two units on the site based on the MDR
District. The provisions of Community Development Code Article 6
Nonconformity Provisions will apply to this property once annexed into the
City. All other properties meet the minimum dimensional requirements of
the Low Medium Density Residential (LMDR) District; therefore, the
proposed annexation is consistent with the Countywide Plan, Clearwater
Comprehensive Plan, and Clearwater Community Development Code.
The properties proposed for annexation are contiguous to existing City
boundaries along at least one property boundary; therefore, the annexations
are consistent with Florida Statutes Chapter 171.044.
7. Public Utilities
7.1 Approve a two year extension to existing contract to Carl Eric Johnson, of
Lawrenceville, GA (BPO BR506957) for the purchase of Moyno Progressive Cavity
Pumps and replacement parts for the contract period November 1, 2014 through
October 31, 2016, and authorize the appropriate officials to execute same. (consent)
Public Utilities operates and maintains thirty-nine progressive cavity pumps that
are in service at three Water Reclamation Facilities (WRFs), which are
manufactured by Moyno, Inc. (Moyno). The Moyno pumps are used to transfer
sludges, biosolids and other high viscosity fluids throughout the wastewater
treatment processes. The City has standardized on the use of Moyno pumps
for high solids pumping applications due to the large investment of existing
equipment and the reliability of the equipment. Standardization of pumping
equipment reduces redesign/retrofit of the piping systems and overall down
time, which is critical to maintaining regulatory compliance at our wastewater
treatment facilities. Standardization also reduces the required stocking of parts
and replacement pumps, and increases the cost efficiency of maintenance
operations.
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Council Worksession Meeting Minutes August 18, 2014
On November 16, 2010, City Council approved a blanket purchase order to
Carl Eric Johnson for Moyno Progressive Cavity Pumps and replacements
parts for the contract period November 16, 2010 to October 31, 2012, in the
amount of$125,000.00. The anticipated demand for pumps and parts was
based primarily on the previous two year (Fiscal Year 2008 and 2009)
purchases totaling nearly $103,000. On October 18, 2012, City Council
approved the first date extension of this blanket purchase order, BR506957.
That contract period was November 1, 2012 through October 31, 2014. The
current BPO balance is $63,723.58. The amount used to purchase Moyno
equipment over the last four years, $61,276.42, is considerably less than
projected. The reduction in repair and replacement cost for the Moyno pumps
is credited to an aggressive preventative maintenance program, prolonging the
useful life of the pumps. Public Utilities requests a contract time only extension
of 2 years as the balance of the BPO has sufficient funds at this time.
Carl Eric Johnson, Inc. (CEJ) is the sole authorized distributor of genuine
Moyno pumps and replacement parts in Florida and Georgia. Both CEJ and
Moyno, Inc. have been contacted regarding their respective business pricing
strategies. Both companies have relayed that the prices quoted to Clearwater
by CEJ are the current Moyno Municipal Market Base pricing. Moyno states
that, "this allows us to keep our pricing competitive with our competition and
provides the very best pricing available to the municipal market." Furthermore,
Moyno verifies pricing from the distributor to the end customer by requiring
copies of purchase orders to accompany factory orders. Sole source purchase
of these pumps meet all requirements of Section 2.564(1)(b) of the Code of
Ordinances.
APPROPRIATION CODE AND AMOUNT:
Appropriation Code: Amount Appropriation Comment
0421-01351-551000-535-000-0000 $29,115.84 Fiscal Year 14/15
0421-01351-551000-535-000-0000 $31,905.38 Fiscal Year 15/16
0421-01351-551000-535-000-0000 $2,702.36 Fiscal Year 16/17
Sufficient budget is available to fund this contract in the Water and Sewer Utility
Fund operating cost center 0421-01351-550400-535-000-0000, Water
Reclamation Facility Operations, for$29,115.84 of the Fiscal Year 14/15 year;
is planned in the budget request to be brought forward for Fiscal Year 15/16 in
the amount of$31,905.38; and in Fiscal Year 16/17 in the amount of
$2,702.36.
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8. Solid Waste
8.1 Award a contract (purchase order) to Pinellas County Solid Waste for an operating
expenditure of$3,900,000 for the disposal of solid waste at the Pinellas County
waste-to-energy plant/landfill for the period October 1, 2014 through September 30,
2015 as provided in the city's Code of Ordinances, Section 2.564 (1) (d), Services
provided by Other Governmental Entities, and authorize the appropriate officials to
execute same. (consent)
Pinellas County operates the only waste-to-energy plant and landfill in the
county.
APPROPRIATION CODE AND AMOUNT:
Funds are available as part of the Fiscal Year 2014/15 Operating Budget of the
Solid Waste Fund. The allocation of the Dump Fees that were planned for
Pinellas County Solid Waste is as follows:
0-424-02082-543500-534-000-0000 (Residential Collection Dump Fees)
$1,404,000
0-424-02083-543500-534-000-0000 (Commercial Collection Dump Fees)
$1,677,000
0-424-02089-543500-534-000-0000 (Roll-Off Collection Dump Fees)
$819,000
8.2 Award a contract (purchase order) to Angelo's Recycled Materials, for operating
expenditures in the amount of$400,000 for the disposal of solid waste at their site for
the period October 1, 2014 through September 30, 2015 as provided in the City's
Code of Ordinances, Section 2.561 and authorize the appropriate officials to execute
the same. (consent)
The Solid Waste Department collects bulk trash, yard waste, and construction
and demolition debris from both commercial and residential customers. This
trash and debris, which excludes anything that could putrefy or produce
leachate that poses a health or environmental threat, is transported by city
collection vehicles to the contractor's State-permitted disposal facilities.
During September 2012, the Purchasing Department advertised a request for
bids (Bid 48-12) for the disposal services described above. Angelo's Recycled
Materials was awarded a contract by purchase order for the Fiscal 2012/13
time period.
Angelo's Recycled Materials has provided the city with a letter stating that they
would hold their pricing at the current level for the twelve month period of
October 1, 2014 through September 30, 2015. This is the second (and final)
renewal of an annual contract with the same terms and conditions of the
original contract.
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Council Worksession Meeting Minutes August 18, 2014
APPROPRIATION CODES AND AMOUNTS:
Funds are available as part of the Fiscal Year 2014/15 Operating Budget of the
Solid Waste Fund. The allocation of the Dump Fees that were projected for
Angelo's Recycled Materials are as follows:
• 0-424-02082-543500-534-000-0000 (Residential Collection Dump
Fees) $140,000
• 0-424-02082-543500-534-000-0000 (Roll-Off Collection Dump Fees)
$260,000
9. Official Records and Legislative Services
9.1 Appoint Paul A. Doric to fill the remainder of an unexpired term on the Airpark
Advisory Board through April 30, 2017. (consent)
9.2 Provide direction regarding September 2, 2014 work session start time.
The Annual Tampa Bay Buccaneers Luncheon will take place Tuesday,
September 2 from Noon to 1:30 p.m. at the Grand Hyatt Tampa Bay. Council
has traditionally attended the event.
Staff is recommending that the work session begin at 2:30 p.m.
There was consensus to begin the work session at 2:30 p.m. on September
2, 2014.
10. Legal
10.1 Schedule an Attorney-Client session at 5:00 p.m. on September 4, 2014, to discuss
the settlement offer received in the case of Bair v. City.
On or about April 2001, the Plaintiffs submitted a building application to
Planning and Development to remodel their property in Island Estates.
Because the property is below the 100-year flood elevation and is
located in a "V" flood zone, the Community Development Code requires
any "substantial improvements" to existing structures to comply with the
flood damage-resistance provisions, including that the structure be
elevated. "Substantial Improvement" is defined as the reconstruction,
rehabilitation, addition or other improvement of a structure during a
one-year period, the cost of whichequals or exceeds 50 percent of the
market value of the structure before the start of the construction of the
improvement.
The Building Official required the Plaintiffs to submit a non-substantial
improvement application and related materials demonstrating that the
work was not a substantial improvement. The City initially issued a
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City of Clearwater
Council Worksession Meeting Minutes August 18, 2014
building permit in July 2011 and Plaintiffs began work in August of that
year. The City then placed a Stop Work Order on the property because
Building determined that in fact the work constituted a substantial
improvement. The Plaintiffs appealed this determination to the
Building/Flood Board of Adjustment and Appeals; the Board ruled in
favor of the City. The Plaintiffs did not further appeal the Board's
decision to Circuit Court, but instead began the process, which resulted
in the filing of this lawsuit.
The Plaintiffs' suit has two counts, one under the Bert J. Harris, Jr.
Private Property Rights Protection Act and a second for Equitable
Estoppel. The Plaintiffs claim that they have lost market value on their
property due to their partial demolition of the structure in alleged reliance
on the issuance of the permit and due to their alleged inability to
complete the renovations.
The City has pleaded a number of defenses to the action. The Plaintiff
has recently made a settlement offer to the City, and the City Attorney is
requesting an attorney-client session to discuss this settlement offer.
11. City Manager Verbal Reports
11.1 Extended Pool / Library Hours
The City Manager said staff is seeking council direction regarding the recent
request to extend all city pool hours and Beach library hours.
Concern was expressed regarding the impact upcoming bargaining unit
negotiations will have on next year's budget.
In response to questions, the extended hours would be included in the
following budget year. Parks and Recreation Director Kevin Dunbar said 3
out of the 4 outdoor pools close this weekend, the staff have been let go.
The Friends of the Beach Library provided the gap funding needed to keep
the beach pool open. Library Director Barbara Pickell said another%part-
time FTE (Full Time Equivalent) would be needed if library hours are
extended temporarily. If ongoing, 1 FTE or 2 part-time FTEs would be
needed. The Beach library branch has strong volunteer support but sufficient
library staff is needed to maintain consistent service. Budget Director Tina
Wilson said preliminary numbers from the County indicate the City may have
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City of Clearwater
Council Worksession Meeting Minutes August 18, 2014
an extra $300,000 to fund this request, a worksheet will be provided prior to
the council meeting.
Staff was directed to place the item on council agenda.
12. City Attorney Verbal Reports — None.
13. Council Discussion Item
13.1 Mandalay Park - Councilmember Hamilton
Councilmember Hamilton said the Barefoot Beach House lease will be
coming before Council next month that will include restroom facility
expansion. The City will also lose its garage at the site. The City needs to
build a new maintenance facility and staff is considering a site adjacent to
the existing firehouse near Mandalay Park. Mandalay Park and McKay
Playfield are the least utilized city parks. He suggested that future
consideration be given for a multi functional facility on the Mandalay Park
site that could address restrooms, parking, and a fire station.
The City Attorney said no additional parking in that area can be pursued for
two years due to a provision in the Pelican Walk agreement.
13.2Appointment of a subcommittee to discuss Downtown Issues - Councilmember
Jonson
Councilmember Jonson requested that a subcommittee be formed with
Councilmember Polglaze to discuss Downtown issues.
Discussion deferred to the council meeting.
13.3Modify City Council Agenda - Councilmember Jonson
Councilmember Jonson is requesting consideration to modify the City Council
meeting agenda to add an item at the end of the meeting before closing
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City of Clearwater
Council Worksession Meeting Minutes August 18, 2014
comments called "Other New Business." This item would allow discussion of
new items that come up after the Worksession (i.e., appointment of a
Downtown Council Subcommittee).
Councilmember Jonson requested consideration to modify the agenda to
include Other New Business to provide direction on issue raised by citizen or
request information from staff.
There was no consensus to pursue recommendation.
14. 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).
Councilmember Jonson requested a presentation on the safety Belcher
Road/Gulf to Bay Boulevard Assessment Report and long-term
improvements on Belcher Road.
The City Manager said staff would request a presentation from the Florida
Department of Transportation.
15. Closing Comments by Mayor— None.
16. Adjourn
The meeting adjourned at 4:01 p.m.
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City of Clearwater