08/20/2015 City Council Meeting Minutes August 20, 2015
City of Clearwater
City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
B I
d,
I
0
T
Meeting Minutes
Thursday, August 20, 2015
6:00 PM
Council Chambers
City Council
Page 1
City of Clearwater
City Council Meeting Minutes August 20, 2015
Roll Call
Present: 5 - Mayor George N. Cretekos, Councilmember Doreen Hock-DiPolito,
Councilmember Bill Jonson, Councilmember Hoyt Hamilton and
Vice Mayor Jay E. Polglaze
Also Present: William B. Horne I I — City Manager, Jill Silverboard —Assistant City
Manager, Rod Irwin - Assistant City Manager, Pamela K. Akin - City
Attorney, Rosemarie Call - City Clerk, and Nicole Sprague — Official
Records and Legislative Services Coordinator
To provide continuity for research, items are listed in agenda order although not
necessarily discussed in that order.
1. Call to Order— Mayor Cretekos
The meeting was called to order at 6:00 p.m. at City Hall.
2. Invocation — Pastor Laverne Kirkpatrick from Flowing River Church
3. Pledge of Allegiance — Councilmember Hock-DiPolito
4. Special recognitions and Presentations (Proclamations, service awards, or
other special recognitions. Presentations by governmental agencies or groups
providing formal updates to Council will be limited to ten minutes.) — Given.
4.1 Sugar Sand Presentation - Lisa and Steve Chandler, Event Coordinators
Ms. Chandler thanked the City for their continued support and reported that
the Your Change Will Make Change Contest raised $2,200 for books and
technology for Sandy Lane Elementary School. The tentative dates for the
2016 Pier 60 Sugar Sand Festival are April 15 through April 24. She
presented Council with a commemorative framed canvas.
4.2 Southeastern Guide Dogs (SEGD) - Stephanie Miller with Century
5. Approval of Minutes
5.1 Approve the minutes of the August 6, 2015 City Council Meeting and the August 17,
2015 Special City Council Meeting as submitted in written summation by the City
Clerk.
Councilmember Hock-DiPolito moved to approve the minutes of the
Page 2
City of Clearwater
City Council Meeting Minutes August 20, 2015
August 6, 2015 City Council Meeting as submitted in written
summation by the City Clerk. The motion was duly seconded and
carried unanimously.
6. Citizens to be heard re items not on the agenda
Chuck Johnston said the Clearwater Horseshoe Club recently celebrated
forty years at Ed Wright Park and introduced Ron Deckard, 2015 Senior
World Champion and Clearwater Horseshoe Club Secretary/Treasurer.
7. Consent Agenda — Approved as submitted.
7.1 Approve funding in the amount of$100,000 for the implementation of Clearwater
Business SPARK!, per the Memorandum of Understanding approved by Council dated
May 2015, to be funded from the Urban Land Institute (ULI) Report Implementation
Special Program (181-99888). (consent)
7.2 Declare list of vehicles and equipment surplus to the needs of the City and authorize
disposal through sale to the highest bidder at the Tampa Machinery Auction, Tampa,
Florida; and authorize the appropriate officials to execute same. (consent)
7.3 Approve a Developer Agreement with NNP-Bexley, LLC; approve a Template form of
Developer/Builder Agreement; accept a Gas Main and Utility Easement for the subject
development property; authorize the Gas System Managing Director, or designee, to
approve future Developer/Builder Agreements in substantially similar format; and
authorize the appropriate officials to execute same. (consent)
7.4 Approve an Encroachment Agreement with Florida Gas Transportation, LLC, for the
installation of a natural gas distribution main across their existing easement and
authorize the appropriate officials to execute same. (consent)
7.5 Approve an Underground Pipeline Right-of-Way Utilization Agreement with Duke
Energy of Florida, Inc. for the installation of a natural gas distribution main across their
existing Transmission Right-of-Way and authorize the appropriate officials to execute
same. (consent)
7.6 Approve a contract (purchase order) between the City of Clearwater and the Bureau
of Business Enterprises (BBE), Division of Blind Services, for a two-year period, with
an option to renew for one additional two-year period, to provide employees and
residents with healthy snack vending services to promote a culture of wellness
citywide and authorize the appropriate officials to execute same. (consent)
7.7 Approve a 1-year Partnership and Operational Support Agreement from October 1,
2015 through September 30, 2016 and five one-year renewal options, between the
Page 3
City of Clearwater
City Council Meeting Minutes August 20, 2015
City of Clearwater and Clearwater Horseshoe Club, Clearwater Lawn Bowls Club and
Clearwater Shuffleboard Club, for the use and supervision of certain city-owned
buildings and facilities, and authorize the appropriate officials to execute same.
(consent)
7.8 Approve the Contract for Sale of Real Property by the City of Clearwater (Contract)
with Decade Sea Captain, LLC for the sale of city-owned property located at 41 Devon
Drive, Clearwater and authorize the appropriate officials to execute same, together
with all other instruments required to affect closing. (consent)
7.9 Award a Construction Contract to Gator Grading and Paving of Palmetto Florida for
the 2015 Street Resurfacing Project (14-0051-EN) in the amount of$2,500,863.85,
which is the lowest responsible bid received in accordance with the plans and
specification which states work is to be awarded on a unit price basis, and authorize
the appropriate officials to execute same. (consent)
7.10Approve Purchase Order and Legal Services Agreement between the City of
Clearwater and Baker and Hostetler LLP, to serve as legal counsel on Environmental
matters for a five-year period, in the amount of$250,000.00 and authorize the
appropriate officials to execute same. (consent)
7.11 Approve Supplemental Work Order Seven to Reuben Clarson Consulting in the
amount of$50,000.00 for continuation of design and inspection services of citywide
Seawall Replacements, and authorize the appropriate officials to execute same.
(consent)
7.12Approve a Work Order to Engineer of Record (EOR) Jones Edmunds and Associates,
Inc. for Engineering Services at Northeast Water Reclamation Facility (WRF) Blend
Tank Improvements (14-0036-UT) in the amount of$159,500.00, and authorize the
appropriate officials to execute same. (consent)
7.13Approve agreement for professional external audit services for five fiscal years ending
September 30, 2015 through 2019, with the accounting/auditing firm of Cherry Bekaert
LLP, for a not-to-exceed amount of$686,400, and authorize the appropriate officials
to execute same. (consent)
7.14Establish the budget for the Sailing Center Upgrades and Improvements Capital
Improvement Program, project 0315-93424, approve a transfer from General Fund
Reserves in the amount of$75,000, and authorize the appropriate officials to execute
same. (consent)
7.15Approve an annual blanket purchase order (contract) and two one-year renewal terms
at the City's option (Invitation to Bid 44-15) with Recycling Perks LLC of Norfolk, VA in
the initial annual amount of$158,736 for a recycling incentive program, as provided in
the Clearwater Code of Ordinances, Section 2.561, and authorize the appropriate
Page 4
City of Clearwater
City Council Meeting Minutes August 20, 2015
officials to execute same. (consent)
7.16Reschedule the October 1, 2015 council meeting to begin at 7:00 p.m. (consent)
Vice Mayor Polglaze moved to approve the Consent Agenda as
submitted and authorize the appropriate officials to execute same.
The motion was duly seconded and carried unanimously.
Public Hearings - Not before 6:00 PM
8. Administrative Public Hearings
8.1 Declare surplus for the purpose of sale, through Invitation to Bid 58-15, real property
formerly used as City right-of-way located in Section 16, Township 29 South, Range
16 East whereby the successful bidder will combine the property with adjoining land
for meaningful development and use.
On February 19, 2015, City Council passed and adopted Ordinance 8682-15
vacating several portions of right-of way. First Baptist Church of Clearwater,
Inc. (a.k.a. Calvary Baptist Church of Clearwater), owner of adjacent lands,
requested the vacation. The vacated right-of-way includes a portion of Cherry
Lane located just south of Cleveland Street on the west side of McMullen
Booth Road; the City is the owner of fee title to this property. The property is
approximately 200 ft. by 20 ft. Its size and shape impose limitations on
potential land uses. The adjacent land owner has expressed an interest in
acquiring the parcel.
City staff has evaluated the property and has determined that the fair market
value is $8,000. Per City Charter 2.01, real property declared surplus may be
sold to the party submitting the highest competitive bid above the appraised
value whose bid meets the terms set by the Council and whose proposed use
of the property is in accordance with the Council's stated purpose for declaring
the property surplus.
The property is legally described as follows:
A PARCEL OF LAND BEING THAT CERTAIN PROPERTY DESCRIBED IN
OFFICIAL RECORDS BOOK 3308, PAGE 512, THAT CERTAIN PROPERTY
DESCRIBED IN OFFICIAL RECORDS BOOK 3308, PAGE 497 AND A
PORTION OF THAT CERTAIN PROPERTY DESCRIBED IN OFFICIAL
RECORDS BOOK 3308, PAGE 503, ALL OF THE PUBLIC RECORDS OF
PINELLAS COUNTY, FLORIDA, AND LYING IN THE NORTHWEST 1/4 OF
SECTION 16, TOWNSHIP 29 SOUTH, RANGE 16 EAST, PINELLAS
COUNTY, FLORIDA AND BEING FURTHER DESCRIBED AS FOLLOWS:
Page 5
City of Clearwater
City Council Meeting Minutes August 20, 2015
COMMENCE AT THE NORTHWEST CORNER OF SECTION 16, TOWNSHIP
29 SOUTH, RANGE 16 EAST; THENCE S00°37'03"W, ALONG THE WEST
LINE OF THE NORTHWEST 1/4 OF SAID SECTION 16, (BEING THE BASIS
OF BEARING FOR THIS DESCRIPTION), A DISTANCE OF 1320.95 FEET
TO THE SOUTHWEST CORNER OF THE NORTHWEST 1/4 OF SAID
NORTHWEST 1/4 OF SECTION 16; THENCE S89°28'12"E, ALONG THE
SOUTH LINE OF SAID NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF
SECTION 16, SAME BEING THE NORTH LINE OF VIRGINIA AVENUE,
ACCORDING TO BAY VIEW CITY SUBN, AS RECORDED IN PLAT BOOK 9,
PAGE 43, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, A
DISTANCE OF 669.08 FEET TO THE SOUTHWEST CORNER OF THE
SOUTHEAST 1/4 OF SAID NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF
SECTION 16; THENCE N00°37'20"E, ALONG THE WEST LINE OF SAID
SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF
SECTION 16, A DISTANCE OF 110.00 TO THE SOUTHWEST CORNER OF
THAT CERTAIN PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK
3308, PAGE 512, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA
AND TO THE POINT OF BEGINNING; THENCE CONTINUE N00°37'20"E,
ALONG SAID WEST LINE OF THE SOUTHEAST 1/4 OF THE NORTHWEST
1/4 OF THE NORTHWEST 1/4 OF SECTION 16, SAME BEING THE WEST
LINE OF SAID CERTAIN PROPERTY DESCRIBED IN OFFICIAL RECORDS
BOOK 3308, PAGE 512, A DISTANCE OF 20.00 FEET TO THE
NORTHWEST CORNER OF SAID CERTAIN PROPERTY DESCRIBED IN
OFFICIAL RECORDS BOOK 3308, PAGE 512; THENCE S89°28'12"E,
ALONG THE NORTH LINE OF SAID CERTAIN PROPERTY DESCRIBED IN
OFFICIAL RECORDS BOOK 3308, PAGE 512, THAT CERTAIN PROPERTY
DESCRIBED IN OFFICIAL RECORDS BOOK 3308, PAGE 497 AND THAT
CERTAIN PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 3308,
PAGE 503, ALL OF THE PUBLIC RECORDS OF PINELLAS COUNTY,
FLORIDA, RESPECTIVELY, A DISTANCE OF 200.00 FEET TO THE POINT
OF INTERSECTION WITH THE EAST LINE OF THE WEST 200.00 FEET OF
THE SOUTH 1/2 SAID SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF THE
NORTHWEST 1/4 OF SECTION 16; THENCE S00°37'20"W, ALONG SAID
EAST LINE OF THE WEST 200.00 FEET OF THE SOUTH 1/2 THE
SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF
SECTION 16, A DISTANCE OF 20.00 FEET TO THE POINT OF
INTERSECTION WITH THE SOUTH LINE OF SAID CERTAIN PROPERTY
DESCRIBED IN OFFICIAL RECORDS BOOK 3308, PAGE 503; THENCE
N89 028'12"W, ALONG THE SOUTH LINE OF SAID CERTAIN PROPERTY
DESCRIBED IN OFFICIAL RECORDS BOOK 3308, PAGE 503, SAID
CERTAIN PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 3308,
PAGE 497 AND SAID CERTAIN PROPERTY DESCRIBED IN OFFICIAL
RECORDS BOOK 3308, PAGE 512, RESPECTIVELY, A DISTANCE OF
200.00 FEET TO THE POINT OF BEGINNING.
Page 6
City of Clearwater
City Council Meeting Minutes August 20, 2015
SUBJECT PROPERTY CONTAINING 4,000 SQUARE FEET, MORE OR
LESS.
Councilmember Hamilton moved to declare surplus for the
purpose of sale, through Invitation to Bid 58-15, real property
formerly used as City right-of-way located in Section 16, Township
29 South, Range 16 East whereby the successful bidder will
combine the property with adjoining land for meaningful
development and use. The motion was duly seconded and carried
unanimously.
8.2 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 1219 Aloha Lane, 1245 Palm Street and 1223 Union Street, together with
certain abutting right-of-way of Union Street; and pass Ordinances 8750-15, 8751-15
and 8752-15 on first reading. (ANX2015-06016)
This voluntary annexation petition involves three parcels of land totaling 0.599
acres. All parcels are occupied by single-family dwellings. The three lots are
located south of Union Street, east of Douglas Avenue, north of Sunset Point
Road (SR 576), and west of Kings Highway. The applicants are requesting
annexation in order to receive solid waste service from the City and to connect
to City sewer as part of the City's Idlewild/The Mall Septic-to-Sewer Project.
The Development Review Committee is proposing that the 0.041-acres of
abutting Union Street right-of-way not currently within the City limits also be
annexed. The properties are contiguous to existing City boundaries along at
least one property boundary. It is proposed that the properties be assigned a
Future Land Use Map designation of Residential Urban (RU) and a zoning
category of Low Medium Density Residential (LMDR).
The Planning and Development Department determined that the proposed
annexations are consistent with the provisions of Clearwater Community
Development Code Section 4-604.E as follows:
• The properties currently receive water service from the City. Collection
of solid waste will be provided to the properties by the City. All of the
applicants have paid the required sewer impact fee in full. The
properties located at 1245 Palm Street and 1223 Union Street are
already connected to the City sewer system and 1219 Aloha Lane will
be connected by the contractor soon. The properties are 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 these properties by Station 51 located at
1720 Overbrook Avenue. The City has adequate capacity to serve
these properties with sanitary sewer, solid waste, police, fire and EMS
service. The proposed annexations will not have an adverse effect on
public facilities and their levels of service; and
• The proposed annexations are consistent with and promote the
Page 7
City of Clearwater
City Council Meeting Minutes August 20, 2015
following objectives and policy 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 these
properties. This designation primarily permits residential uses at a
density of 7.5 units per acre. The proposed zoning district to be
assigned to the properties is the Low Medium Density Residential
(LMDR) District. The uses of the subject properties are consistent with
the uses allowed in the District and the properties exceed the District's
minimum dimensional requirements. The proposed annexations are
therefore consistent with the Countywide Plan and the City's
Comprehensive Plan and Community Development Code; and
• The properties proposed for annexation are contiguous to existing City
limits along at least one property boundary; therefore, the annexations
are consistent with Florida Statutes Chapter 171.044.
Councilmember Jonson moved to approve the annexation, initial
Future Land Use Map designation of Residential Urban (RU) and
initial Zoning Atlas designation of Low Medium Density Residential
(LMDR) District for 1219 Aloha Lane, 1245 Palm Street and 1223
Union Street, together with certain abutting right-of-way of Union
Street. The motion was duly seconded and carried unanimously.
Ordinance 8750-15 was presented and read by title only.
Councilmember Hock-DiPolito moved to pass Ordinance 8750-15
on first reading. The motion was duly seconded and upon roll call,
the vote was:
Ayes: 5 - Mayor Cretekos, Vice Mayor Polglaze, Councilmember Hock-DiPolito,
Councilmember Hamilton, and Councilmember Jonson.
Ordinance 8751-15 was presented and read by title only. Vice
Mayor Polglaze moved to pass Ordinance 8751-15 on first reading.
The motion was duly seconded and upon roll call, the vote was:
Ayes: 5 - Mayor Cretekos, Vice Mayor Polglaze, Councilmember Hock-DiPolito,
Page 8
City of Clearwater
City Council Meeting Minutes August 20, 2015
Councilmember Hamilton, and Councilmember Jonson.
Ordinance 8752-15 was presented and read by title only.
Councilmember Hamilton moved to pass Ordinance 8752-15 on
first reading. The motion was duly seconded and upon roll call, the
vote was:
Ayes: 5 - Mayor Cretekos, Vice Mayor Polglaze, Councilmember Hock-DiPolito,
Councilmember Hamilton, and Councilmember Jonson.
8.3 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 2101 and 2155 Burnice Drive; and pass Ordinances 8753-15, 8754-15 and
8755-15 on first reading. (ANX2015-06017)
This voluntary annexation petition involves two parcels of land totaling 0.554
acres. The parcels are occupied by single-family dwellings and are located
generally south of Druid Road, west of South Belcher Road, east of South
Hercules Avenue, and north of Lakeview Road. The applicants are requesting
annexation in order to receive solid waste service from the City, and will be
connected to City sewer as part of the Belcher Area Sanitary Sewer Extension
Project Area. The properties are contiguous to existing City limits along at least
one property boundary. It is proposed that the properties be assigned a Future
Land Use Map designation of Residential Low (RL) and the zoning category of
Low Medium Density Residential (LMDR).
The Planning and Development Department determined that the proposed
annexations are consistent with the provisions of Clearwater Community
Development Code Section 4-604.E as follows:
• The properties currently receive water service from Pinellas County.
Collection of solid waste will be provided to the properties by the City.
The applicants have paid the sewer impact fee in full, and will be
connected to the City sewer system once it is made available. The
properties are located within Police District II and service will be
administered through the district headquarters located at 645 Pierce
Street. Fire and emergency medical services will be provided to the
properties by Station 47 located at 1460 Lakeview Road. The City has
adequate capacity to serve the properties with sanitary sewer, solid
waste, police, fire and EMS service. The properties will continue to
receive water from Pinellas County. The proposed annexations will not
have an adverse effect on public facilities and their levels of service;
and
• The proposed annexations are consistent with and promote the
Page 9
City of Clearwater
City Council Meeting Minutes August 20, 2015
following objectives and policy 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 the
properties. The Residential Low (RL) designation primarily permits
residential uses at a density of 5 units per acre. The proposed zoning
district to be assigned to the properties is the Low Medium Density
Residential (LMDR) District. The uses of the subject properties are
consistent with the uses allowed in the Low Medium Density Residential
(LMDR) District and the properties exceed the District's minimum
dimensional requirements. The proposed annexations are therefore
consistent with the Countywide Plan and the City's Comprehensive
Plan and Community Development Code; and
• The properties proposed for annexation are contiguous to existing City
limits along at least one property boundary; therefore, the annexations
are consistent with Florida Statutes Chapter 171.044.
Councilmember Jonson moved to 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 2101 and 2155 Burnice Drive. The motion was
duly seconded and carried unanimously.
Ordinance 8753-15 was presented and read by title only.
Councilmember Hock-DiPolito moved to pass Ordinance 8753-15
on first reading. The motion was duly seconded and upon roll call,
the vote was:
Ayes: 5 - Mayor Cretekos, Vice Mayor Polglaze, Councilmember Hock-DiPolito,
Councilmember Hamilton, and Councilmember Jonson.
Page 10
City of Clearwater
City Council Meeting Minutes August 20, 2015
Ordinance 8754-15 was presented and read by title only. Vice
Mayor Polglaze moved to pass Ordinance 8754-15 on first reading.
The motion was duly seconded and upon roll call, the vote was:
Ayes: 5 - Mayor Cretekos, Vice Mayor Polglaze, Councilmember Hock-DiPolito,
Councilmember Hamilton, and Councilmember Jonson.
Ordinance 8755-15 was presented and read by title only.
Councilmember Hamilton moved to pass Ordinance 8755-15 on
first reading. The motion was duly seconded and upon roll call, the
vote was:
Ayes: 5 - Mayor Cretekos, Vice Mayor Polglaze, Councilmember Hock-DiPolito,
Councilmember Hamilton, and Councilmember Jonson.
8.4 Approve the first amended and restated Development Agreement between PV-Pelican
Walk LLC (the property owner) and the City of Clearwater for the property located at
483 Mandalay Avenue; approve the first amendment to the Purchase Agreement
between PV-Pelican Walk LLC and the City of Clearwater, and pass Resolution
15-16. (DVA2014-06001A)
The 1.68-acre subject property is located on the west side of Poinsettia
Avenue approximately 65 feet south of Baymont Street with 350 feet of
frontage along Poinsettia Avenue. The property consists of two parcels. The
western parcel is 0.74 acres and consists of the two-story Pelican Walk
shopping center, which has 39,580 square feet of commercial floor area. The
eastern parcel is 0.94 acres and consists of a surface parking lot that supports
the shopping center.
The City Council, at their meeting on August 20, 2014, approved a
Development Agreement between PV-Pelican Walk, LLC (Paradise) and the
City of Clearwater, to allow for a parking garage with 642 parking spaces.
The proposed First Amended and Restated Development Agreement would
completely replace and supersede the Development Agreement dated August
26, 2014. While there has been no substantial change to the approved
building design, a reengineering of the interior of the garage has eliminated the
cantilever design and provided for an additional 60 off-street parking spaces.
The interior columns that would have supported the cantilever design were
moved to the outside wall of the parking garage where it connects to the
existing Pelican Walk shopping center. Overall, the form of the building has
remained the same.
The substantive changes to the original Development Agreement are as
follows:
Page 11
City of Clearwater
City Council Meeting Minutes August 20, 2015
1. The number of parking spaces contained in the garage is increasing
from 642 to 702. This does not result in any substantial change to the
approved design of the building or site plan;
2. Amends the Commencement Date from September 1, 2015 in Section
1.01(6) to an uncertain month in 2015. It is the intent of the Developer
to commence construction as early as August 2015;
3. Amends Section 2.03(2) Scope of Project from the condominium units
in the original Development Agreement being designated as Unit 1
(existing Pelican Walk Plaza retail); Unit 2 (new approximately 11,000
square feet of retail fronting Poinsettia St.); Unit 3 (Developer's first 89
parking spaces starting on the ground floor); Unit 4 (the City's 450
spaces); and Unit 5 (the top floor consisting of 103 Developer owned
spaces); to Section 2.03(2) Scope of Project which refers to the
configuration of the condominium units as follows: RU-1 (existing
Pelican Walk Plaza retail); RU-2 (approximately 12,000 square feet of
retail fronting Poinsettia Ave.); PU-G (28 developer owned spaces on
the ground floor); PU-1 (114 developer owned spaces on the first and
second floors); PU-2 (the City's 450 spaces starting on the second
floor); and PU-3 (110 spaces owned by the Developer on the top floor).
This change reflects the additional 60 spaces and also is consistent
with the terminology used in the condominium documents which are
being drafted contemporaneously with the consideration of the First
Amended and Restated Development Agreement;
4. Amends Section 2.03(2) Scope of Project to clarify that the Developer's
parking spaces may be apportioned as leased parking, hourly parking,
or both as the Council agenda item approving the original Development
Agreement stated;
5. Amends Section 2.03(3) to add a conceptual parking management plan
as Exhibit"H" to the Development Agreement. The conceptual parking
management plan is intended to be a guide for the parties in
negotiating a mutually agreeable parking management plan for the
entire garage as a condition of the City closing on its purchase of PU-2;
6. Amends Section 6.01, Acquisition of Condominium Unit Four to Section
6.01 Acquisition of PU-2, to give the City an option to purchase up to 60
of the additional spaces being added to the garage at the same per
space purchase price that it is purchasing PU-2. This option expires on
September 4, 2015. The City's original option to purchase additional
spaces expired in August 2014;
7. Section 6.04, Public Parking Reconciliation which detailed the City's
obligation to pay the Developer for operating PU-2 prior to closing in the
event PU-2 does not generate sufficient revenue has been removed
from the document; and
8. Section 10.01(5) is added to provide that the City will not require RU-2
Page 12
City of Clearwater
City Council Meeting Minutes August 20, 2015
to have any additional parking so long as it maintains 100% retail
and/or restaurant use in Article 10. Representations, Warranties and
Covenants of the City.
Changes to Development Agreements:
Pursuant to Section 4-606.1., Community Development Code (CDC), a
Development Agreement may be amended by mutual consent of the parties,
provided the notice and public hearing requirements of Section 4-206, CDC,
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 Community Development Board continued this development agreement
from its July 7, 2015 meeting to its meeting in August. The board will review
this First Amendment and Restated Development Agreement at its public
hearing on August 18, 2015 and recommended approval.
The City Attorney said Carlton Ward, the City's outside counsel, has been
assisting staff with the condominium documents. He was in attendance and
available to answer questions.
In response to a question, Mr. Ward said the areas of conflict have been
resolved. In response to a concern, the City Attorney said drafting the
condominium documents has not taken long, it was the last item to be
completed.
Applicant Representative Brian Aungst, Jr. reviewed the request and said the
item before Council is for final approval, subject to the final draft of the
condominium documents. The project is shovel ready. Beach by Design
states that the timing and scope of the garage will be dictated by the market
conditions and the ability and willingness of a private partner to assemble the
property and get the project off the ground. The garage will be the first step
to address the traffic issues in the beach area.
One individual spoke in opposition.
Three individuals spoke in support.
In response to a question, Engineering Director Mike Quillen said it would
Page 13
City of Clearwater
City Council Meeting Minutes August 20, 2015
cost $4,500 to $5,000 for Duke Energy to design the undergrounding of
utilities in that area. The City must formally request a binding estimate to
move forward.
Mr. Aungst thanked Council and staff for their dedication and patience to
bring this project forward.
Councilmember Hock-DiPolito moved to approve the first amended
and restated Development Agreement between PV-Pelican Walk
LLC (the property owner) and the City of Clearwater for the
property located at 483 Mandalay Avenue; approve the first
amendment to the Purchase Agreement between PV-Pelican Walk
LLC and the City of Clearwater.
Resolution 15-16 was presented and read by title only. Vice Mayor
Polglaze moved to adopt Resolution 15-16. The motion was duly
seconded and upon roll call, the vote was:
Ayes: 5 - Mayor Cretekos, Vice Mayor Polglaze, Councilmember Hock-DiPolito,
Councilmember Hamilton, and Councilmember Jonson.
8.5 Approve the first amendment to a Development Agreement between Alanik
Properties; Anco Holdings, LLC; Nikana Holdings, LLC (the property owners) and the
City of Clearwater for property located at 401 South Gulfview Boulevard, which
includes a revision to Exhibit B to provide new conceptual site plans and elevations,
revises the overall height of the proposed building and sets a new date by which time
site plan approval must be obtained; adopt Resolution 15-19, and authorize the
appropriate officials to execute same. (HDA2015-06001)
Development Proposal:
No changes have been made to the Development Proposal presented at the
August 6, 2015 council meeting.
The owners continue to propose to utilize the existing 127 hotel units and
incorporate an additional 100 units from the Hotel Density Reserve through
Beach by Design approved by City Council on September 18, 2014 as part of a
Level III Development Agreement (HDA2014-06004/Resolution 14-29)
resulting in a total of 227 units (114 units per acre).
The proposal, in short, includes a new conceptual site plan and accompanying
building elevations (exhibit B) and changes to the Development Agreement.
The changes to the Development Agreement are listed below however, the
conceptual site plan and building elevations have been completely reworked
and a list of differences between the approved plan set and this submitted set
is impractical.
Page 14
City of Clearwater
City Council Meeting Minutes August 20, 2015
Development Agreement
• Section 4.4: Increases the height of the building from approximately 140
feet to 150 feet.
• Section 6.1.3.2: Changes the date by which site plan approval must be
obtained to six months from approval of the amended Development
Agreement. It should be noted that September 18, 2015 is the original date
by which site plan approval is to be obtained. This amended Development
Agreement will result in that date being February 20, 2016.
Consistency with the Community Development Code:
No changes have been made to the Conceptual Site Plan presented at the
August 6, 2015 council meeting. The Conceptual Site Plan continues to
appear to be consistent with the Community Development Code (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
August 6, 2015 council meeting. The Conceptual Site Plan continues to
appear to be consistent with the Beach by Design with regard to:
• Design Guidelines
• Hotel Density Reserve
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 first amended and
restated amendment to the existing 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 no change in the number of units (100 units) allocated from
the Hotel Density Reserve (previously approved as part of HDA2014-
06004/Resolution 14-29);
• Revises Exhibit B which includes new conceptual site plans, architectural
drawings, elevations and perspectives;
• Requires the developer to obtain building permits within six months of
approval of the amended and restated Development Agreement 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
Page 15
City of Clearwater
City Council Meeting Minutes August 20, 2015
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
first amendment to an existing Development Agreement for the allocation of up
to 100 units from the Hotel Density Reserve under Beach by Design.
In response to a question, Planning and Development Director Michael Delk
said the development agreement was being presented to Council again as
the site plan changes were greater than what could be approved by staff or
the Community Development Board.
Councilmember Hamilton moved to approve the first amendment to
a Development Agreement between Alanik Properties; Anco
Holdings, LLC; Nikana Holdings, LLC (the property owners) and the
City of Clearwater for property located at 401 South Gulfview
Boulevard, which includes a revision to Exhibit B to provide new
conceptual site plans and elevations, revises the overall height of
the proposed building and sets a new date by which time site plan
approval must be obtained. The motion was duly seconded and
carried unanimously.
Resolution 15-19 was presented and read by title only.
Councilmember Jonson moved to adopt Resolution 15-19. The
motion was duly seconded and upon roll call, the vote was:
Ayes: 5 - Mayor Cretekos, Vice Mayor Polglaze, Councilmember Hock-DiPolito,
Councilmember Hamilton, and Councilmember Jonson.
9. City Manager Reports
9.1 Approve reallocating the City of Clearwater's Qualified Energy Conservation Bond
authority back to the State of Florida and adopt Resolution 15 - 17.
Page 16
City of Clearwater
City Council Meeting Minutes August 20, 2015
On April 23, 2015, the Florida Department of Agriculture and Consumer
Services notified the City of Clearwater of the authority to issue $1,110,554 in
Qualified Energy Conservation Bonds. A review of the costs associated with
issuance of the bonds indicates that other funding options would be in the best
interest of the City.
Adopting Resolution 15 - 17 reallocates the bonding authority back to the State
of Florida for possible use by others.
Councilmember Hock-DiPolito move to approve reallocating the
City of Clearwater's Qualified Energy Conservation Bond authority
back to the State of Florida. The motion was duly seconded and
carried unanimously.
Resolution 15-17 was presented and read by title only. Vice Mayor
Polglaze moved to adopt Resolution 15-17. The motion was duly
seconded and upon roll call, the vote was:
Ayes: 5 - Mayor Cretekos, Vice Mayor Polglaze, Councilmember Hock-DiPolito,
Councilmember Hamilton, and Councilmember Jonson.
9.2 Increase the residential and commercial Stormwater Utility rate by 1.25% to $14.33
per Equivalent Residential Unit (ERU) beginning October 1, 2015; to $14.51 per ERU
beginning October 1, 2016; to $14.69 per ERU beginning October 1, 2017; to $14.87
per ERU beginning October 1, 2018; to $15.06 per ERU beginning October 1, 2019;
and pass Ordinance 8765-15 on first reading.
The City's rate study consultant, Burton and Associates, recently completed a
Stormwater Revenue Sufficiency Analysis.
The study indicated that, due to current capital and operating cost projections,
the previously adopted rate increases of 2.75% scheduled for October 1, 2015
and October 1, 2016 can be revised downward to 1.25% increases, with
additional 1.25% rate increases needed for the following three years.
The recommended rates are as follows:
• Fiscal Year 2016, effective 10/01/2015 $14.33
• Fiscal Year 2017, effective 10/01/2016 $14.51
• Fiscal Year 2018, effective 10/01/2017 $14.69
• Fiscal Year 2019, effective 10/01/2018 $14.87
• Fiscal Year 2020, effective 10/01/2019 $15.06
Since the 2012 rate increases were passed, several significant flood control
and water quality projects have been completed or are underway at the
following locations: Tropic Hills, Hillcrest Avenue, South Gulfview Blvd, Myrtle
Page 17
City of Clearwater
City Council Meeting Minutes August 20, 2015
Avenue/Seminole Street , Mandalay Avenue, Jeffords Street, Smallwood
Circle, Woodlawn Terrace, Mango Street and the East Gateway.
Councilmember Hamilton moved to increase the residential and
commercial Stormwater Utility rate by 1.25% to $14.33 per
Equivalent Residential Unit (ERU) beginning October 1, 2015; to
$14.51 per ERU beginning October 1, 2016; to $14.69 per ERU
beginning October 1, 2017; to $14.87 per ERU beginning October 1,
2018; to $15.06 per ERU beginning October 1, 2019. The motion
was duly seconded and carried unanimously.
Ordinance 8765-15 was presented and read by title only.
Councilmember Jonson moved to pass Ordinance 8765-15 on first
reading. The motion was duly seconded and upon roll call, the vote
was:
Ayes: 5 - Mayor Cretekos, Vice Mayor Polglaze, Councilmember Hock-DiPolito,
Councilmember Hamilton, and Councilmember Jonson.
9.3 Authorize staff to submit a 2015/16 Florida Highway Beautification Council Grant
(FHBCG) for the beautification of medians on Missouri Avenue from Court Street to
Belleair Road, establish a new Capital Improvement Project, Missouri Avenue Median
Beautification (315-93322), authorize a third quarter amendment transferring
$190,000 from General Fund Reserves, and adopt Resolution 15-22.
The Florida Department of Transportation (FDOT) notified the City that the
2015/16 grant cycle for the FHBCG is now open and that draft applications
must be submitted to FDOT by September 1, 2015.
The City Council has recently discussed the possibility of expanding the
beautification of medians on Missouri Avenue.
FHBCG will fund 50% of the total project cost, including installation of a
sprinkler system, cost of plant materials, labor to install plant materials, design
fee, MOT (Maintenance of Traffic) and establishment period of one year.
Staff is estimating that the total cost to provide beautification on the 11
Missouri Avenue medians is $377,465, or $34,315 per median.
If the City is successful at obtaining the FDOT grant, the City's portion of
expenses will be 50% or, approximately $190,000. Funding for the City's
match will be provided by a third quarter amendment transferring $190,000
from General Fund Reserves.
The Resource Committee approved applying for the grant at their August 5,
2015 meeting.
Page 18
City of Clearwater
City Council Meeting Minutes August 20, 2015
The City Council directed staff to apply for the grant at the August 17 work
session.
USE OF RESERVE FUNDS:
If approved, funding for the City's match will be provided by a third quarter
budget amendment allocating General Fund reserves in the amount of
$190,000 to Capital Improvement Project 315-93322, Missouri Avenue Median
Beautification. A net total of$3,219,615 General Fund reserves has been
used to date to fund expenditures in the 2014/15 operating budget. The
remaining balance in General Fund reserves is approximately $20.2 million or
17.6% of the current General Fund operating budget.
Councilmember Hock-DiPolito moved to authorize staff to submit a
2015/16 Florida Highway Beautification Council Grant (FHBCG) for
the beautification of medians on Missouri Avenue from Court Street
to Belleair Road, establish a new Capital Improvement Project,
Missouri Avenue Median Beautification (315-93322), authorize a
third quarter amendment transferring $190,000 from General Fund
Reserves. The motion was duly seconded and carried
unanimously.
Resolution 15-22 was presented and read by title only.
Councilmember Jonson moved to adopt Resolution 15-22. The
motion was duly seconded and upon roll call, the vote was:
Ayes: 5 - Mayor Cretekos, Vice Mayor Polglaze, Councilmember Hock-DiPolito,
Councilmember Hamilton, and Councilmember Jonson.
9.4 Approve an Extension and Clarification Agreement between the City of Clearwater
(City) and Redflex Traffic Systems, Inc. (Redflex), to extend the current Agreement for
a two-year period, until October 30, 2017 and authorize the appropriate officials to
execute same.
Redflex and the City entered into the EXCLUSIVE AGREEMENT
BETWEEN THE CITY OF CLEARWATER, FLORIDA AND REDFLEX
TRAFFIC SYSTEMS, INC. FOR TRAFFIC CAMERA SAFETY
IMPROVEMENT PROGRAM on November 22, 2011 (the "Redflex
Exclusive Agreement"), for the operation of two approaches at the
intersection of Gulf to Bay Blvd. and Belcher Road and one approach at the
intersection of South Fort Harrison Avenue and Chestnut Street.
Since July of 2012, the Clearwater Police Department has operated a
Traffic Safety Improvement Program that has utilized red-light-camera
technology to improve traffic safety.
The Redflex Exclusive Agreement contained two 2-year extensions, which
Page 19
City of Clearwater
City Council Meeting Minutes August 20, 2015
automatically renewed unless the City provided notification of its intent not
to renew.
The current contractual relationship with Redflex was scheduled to
automatically renew for the first 2-year extension on July 31, 2015.
The parties, however, agreed to extend the Redflex Exclusive Agreement
for 90 days so that the parties could renegotiate the terms of the first
2-year extension, while providing the City of Clearwater with the option of
sending its written notice on or before September 15, 2015, of its intent not
to renew.
The Extension and Clarification Agreement between the City and Redflex
eliminates any conceivable attack that the City's red-light-camera program
delegates to Redflex too much discretion whether a violation occurred and
thus violates Florida law.
Such an argument had been successfully made against the
red-light-camera program of the City of Hollywood, Florida, when the
Florida Fourth District Court of Appeal issued its opinion on October 15,
2014, in City of Hollywood v. Arem.
At no point in the process from data collection at each approach where a
red-light camera is located, to the issuance of a Notice of Violation, or to
the issuance of a Uniform Traffic Citation will an employee of Redflex make
any decision whether a violation has occurred; any review by an employee
of Redflex of the data collected at each approach will be for the purpose of
entering all relevant Florida Department of Highway Safety and Motor
Vehicles' registration information into the Redflex System of the vehicular
tag captured on the red-light camera.
Additionally, Redflex will be expending additional money to install a radar
mapping system at the east-bound approach located at the intersection of
Chestnut Street and South Ft. Harrison Avenue and at the east-bound
approach located at the intersection of Gulf to Bay Blvd. and Belcher Road;
because of space limitations at the west-bound approach located at the
intersection of Gulf to Bay Blvd. and Belcher Road, Redflex is unable to
install radar detection at that approach.
The radar mapping system will replace the road sensors currently located
at those two approaches and will eliminate the downtime and road closures
that occur when road sensors need to be repaired.
The Extension and Clarification Agreement will obligate the City to
reimburse Redflex for an amount not to exceed $25,000 related to the
expenses incurred with the construction and installation of the mapping
radar at the designated Intersection approaches if the City terminates the
Agreement without cause.
Within thirty (30) days of completion of construction of the mapping radar,
Page 20
City of Clearwater
City Council Meeting Minutes August 20, 2015
Redflex will provide to the City the actual cost of construction and
installation; costs will be amortized on a twenty-four (24) month schedule
starting on the effective date of the Extension and Clarification Agreement.
If the Florida Legislature enacts legislation repealing the statutory
authorization for the City to operate a red-light-camera program, then the
Extension and Clarification Agreement will automatically terminate upon the
effective date of the legislation; and the City will not be obligated to pay the
unamortized costs of the mapping radar, but will be obligated only to pay
the amount owed to Redflex pursuant to EXHIBIT "D" of the Redflex
Exclusive Agreement for services provided up to the effective date of the
legislation.
The police department and legal department recommend approval.
There is no additional cost involved with the Redflex Extension and
Clarification Agreement; however, the City will continue to reimburse
Redflex the cost agreed upon in the Initial Agreement. Funds are available
in the Police Department's cost code 010-01139-530300-521, Contractual
Services, to fund this contract extension.
APPROPRIATION CODE AND AMOUNT:
There is no additional cost involved with the Redflex Extension and
Clarification Agreement; however, the City will continue to reimburse
Redflex the cost agreed upon in the Initial Agreement. Funds are available
in the Police Department's cost code 010-01139-530300-521, Contractual
Services, to fund this contract extension.
A concern was expressed that statistics show the City has not seen much of
a change in the number of individuals running the red lights.
Councilmember Hock-DiPolito moved to approve an Extension and
Clarification Agreement between the City of Clearwater (City) and
Redflex Traffic Systems, Inc. (Redflex), to extend the current
Agreement for a two-year period, until October 30, 2017 and
authorize the appropriate officials to execute same. The motion
was duly and upon the vote being taken:
Ayes: 4 - Councilmember Hock-DiPolito, Councilmember Jonson,
Councilmember Hamilton and Vice Mayor Polglaze
Nays: 1 - Mayor Cretekos
Motion carried.
9.5 Appoint seven members to the Public Nuisance Abatement Board with terms to expire
August 31, 2019.
Page 21
City of Clearwater
City Council Meeting Minutes August 20, 2015
Councilmember Hamilton moved to appoint Jack J. Geller, Charles
W. Johnston, Gregory Livingston Lord, W. Bruce Miller, Nancy
O'Neill, Richard L. Ruben, and JoAnna Siskin to the Public
Nuisance Abatement Board with terms to expire August 31, 2019.
The motion was duly seconded and carried unanimously.
10. City Attorney Reports — None.
11. Closing comments by Councilmembers (limited to 3 minutes)
Councilmember Hock-DiPolito thanked a D-Mar employee who stopped and
helped a four-year old who was alone and crossing Gulf to Bay Boulevard at
Belcher Rd. He stayed with the child until Police and Fire arrived.
Vice Mayor Polglaze thanked a city employee who stopped and saved a box
turtle who was stuck in the middle of the road.
Councilmember Jonson said he did not mean to cause confusion on
Monday when he questioned the need to spend $5 million in the upcoming
budget to increase the pension credit balance. He was trying to establish
the importance of the credit balance. He said he is reluctant to support an
increase in the full time equivalent head count outside the formal budget
process. He is pleased that Council decided to move forward with the
highway beautification grant for Missouri Avenue and if it is successful,
hopefully the City could apply for the Spring grant for improvements on US
Highway 19. The Florida League of Cities conference was excellent with
outstanding speakers.
12. Closing Comments by Mayor
Mayor Cretekos reviewed recent and upcoming events and reminded
schools will be back in session on August 24 and asked drivers to be
aware of students crossing the roadways.
13. Adjourn
The meeting adjourned at 7:23 p.m.
Mayor
Page 22
City of Clearwater
City Council
13. Adjourn
Meeting Minutes August 20, 2015
The meeting adjourned at 7:23 p.m.
Gteotcr c'ekto,s
Mayor
Attest City of Clearwater
Page 23
City of Clearwater