08/03/2015 Council Work Session Meeting Minutes August 3, 2015
City of Clearwater
City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
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Meeting Minutes
Monday, August 3, 2015
1 :00 PM
Council Chambers
Council Work Session
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City of Clearwater
Council Work Session Meeting Minutes August 3, 2015
Roll Call
Present 5 - Mayor George N. Cretekos, Councilmember Doreen Hock-DiPolito,
Councilmember Hoyt Hamilton, Councilmember Bill Jonson, and
Vice Mayor Jay E. Polglaze
Also Present: William B. Horne II, City Manager, Assistant City Manager, Jill S.
Silverboard - Assistant City Manager, Rod Irwin, Assistant City
Manager, Pamela K. Akin - City Attorney, Rosemarie Call - City Clerk,
and Nicole Sprague — Official Records and Legislative Services
Coordinator
To provide continuity for research, items are listed in agenda order although not necessarily
discussed in that order.
1. Call to Order- Mayor Cretekos
The meeting was called to order at 1:00 p.m. at City Hall.
The Council recessed from 1:00 p.m. to 2:11 p.m. to meet as the Community
Redevelopment Agency.
2. Parks and Recreation
2.1 Approve blanket purchase orders (contracts) per Invitation to Bid 08-14 and
miscellaneous quotes, in the total annual amount of$375,000 for Landscaping
Services, as required by the Parks and Recreation Department, and authorize the
appropriate officials to execute same. (consent)
Staff is requesting blanket purchase orders be issued to the four responsive
vendors listed below, to provide landscaping services for Fiscal Year 15/16.
Formal Bid 08-14 was issued specifically for the Northwest Properties, which
Entzion Property Maintenance was the lowest, responsive bidder. During the
same timeframe quotes were solicited from multiple companies for other city
areas: East, Countryside, Downtown, Beach, and Southwest Properties.
Historically these services were bid separately; the formal bid process was
used when the anticipated award would exceed $50,000. Quotes were
requested for anticipated awards below $50,000 (several of the quoted areas
now exceed the bid threshold due to an increased scope of work). For Fiscal
Year 16/17 all landscaping services will be aggregated into one formal bid, with
the ability to make multiple awards based on responsive bidders' abilities to
service one or more areas.
Award recommendation for Fiscal Year 15/16:
Entzion Property Maintenance - Northwest Properties: $87,572.00
Entzion Property Maintenance - Downtown Properties: $53,420.00
Earth Designs - East Properties: $62,880.00
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Council Work Session Meeting Minutes August 3, 2015
Earth Designs - Countryside Properties: $50,520.00
Central Florida Landscaping - Beach Properties: $35,830.00
Botanical Dimension - Southwest Properties: 62,302.00
Contingency funds for supplemental work assigned to any of these four
vendors: $22,476.00
TOTAL AWARD RECOMMENDATION: $375,000.00
These landscaping companies perform the following services for the City: turf
maintenance, palm and tree maintenance, shrub and groundcover
maintenance, weed control, mulch maintenance, and litter removal.
APPROPRIATION CODE AND AMOUNT:
Funding for the Blanket Purchase Orders will come from cost code
010-01867-550300-572-000, Landscape Contracts Team Operating Budget.
In response to a question, Parks and Recreation Director Kevin Dunbar said,
in this case, outside vendors provide the most efficient way to complete the
work. If the vendor does not meet standards, the contract is terminated.
2.2 Approve contract (blanket purchase order) for pressure washing services to Sunshine
Cleaning Systems, Inc., of Ft. Lauderdale, FL, in the annual amount of$50,000
(Invitation to Bid 49-15), and two one-year renewal terms at the City's option and
authorize the appropriate officials to execute same. (consent)
The Parks and Recreation Department uses outside contractors to provide
pressure cleaning services to clean sidewalks, playgrounds, retaining walls,
fences, and other park amenities at several of the city parks and municipal
buildings, including Beachwalk, Coachman Park, Municipal Services Building
Complex, Mandalay Park, City Hall, Pier 60 Park, Cleveland Streetscapes,
Cherry Harris Park, etc.
Cleaning is done on an as need basis but every site is pressure cleaned at
least once a year with locations like Beachwalk and Cleveland Streetscape
done more frequently.
In response to Bid 49-15, ten submissions were received on June 16, 2015,
with Sunshine Cleaning Systems Inc. representing the lowest, most responsive
bidder at $37,837.31 per year. At the time of the second and third year
renewals, the vendor is allowed an increase according to the Consumer Price
Index.
Since other departments may request to use this contract during the year for
similar services the annual amount being requested is $50,000.
APPROPRIATION CODE AND AMOUNT:
Various operating cost codes will be used throughout the year to pay for this
contract.
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Council Work Session Meeting Minutes August 3, 2015
In response to questions, Parks and Recreation Director Kevin Dunbar said
the item before Council is a not to exceed amount that includes a contingency
for additional work. Sunshine Cleaning Systems has been used before and
they were the lowest qualified bidder. The hardscapes at Beachwalk, Pier 60,
recreation centers, Cherry Harris Park, Mandalay, and MSB will be pressure
cleaned. Cleveland Street is cleaned once a year.
2.3 Approve increasing Capital Improvement Project 315-93633, Pier 60 and Beach Walk
Repairs and Improvements, by $335,000 to provide funding for the refurbishment of
the concrete walkways associated with Beach Walk, approximately 177,450 sq. ft., to
be funded by the transfer of$335,000 from general fund reserves at third quarter.
(consent)
Completed in July 2008, Beach Walk has proven to be an overwhelming
success with millions of visitors and guests using the facilities on an annual
basis.
Capital Improvement Project 315-93633 was approved and created in Fiscal
Year 2012/13 for phased repairs and improvements needed at Pier 60 Park
and Beach Walk, including seating, wall repairs, site furniture, landscape
renovations, sidewalk repairs, etc. The purpose of the project was to keep Pier
60 Park area and Beach Walk areas as an attractive inviting beach experience
for citizens and visitors to Clearwater Beach.
Annual funding for this maintenance CIP has been approximately $50,000 per
year. Funds have been used primarily to maintain signage, replace bollard
lighting and to replace furniture.
The colored concrete surfaces are in need of refurbishment. In order to
restore the concrete to the original look and feel it will cost approximately
$335,000.
This cost will include the restoration of all concrete areas (175,790 sq. ft.) of
Beach Walk including the Pier 60 parking lot area, and crosswalks along Gulf
Blvd. and Coronado and the privately owned areas in front of Surf Style (345
sq. ft.); and the Hyatt (1,315 sq. ft.). These businesses will reimburse the City
for the work completed on private property (approximately $3,000). In this way
all of Beach Walk including the private areas will look the same.
It is estimated that the life of the concrete restoration is approximately five
years. Staff will be requesting a yearly increase in funding for this CIP by
approximately $67,000 per year so that future restorations can be
accomplished without having to request additional funding.
If the project is approved, staff will get competitive bids to be awarded at a
future council meeting. The project can be completed prior to Spring 2016.
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Council Work Session Meeting Minutes August 3, 2015
USE OF RESERVE FUNDS:
Funding for this contract will be provided by a third quarter budget amendment
allocating General Fund reserves in the amount of$335,000 to capital
improvement project 315-93633, Pier 60 and Beach Walk Repairs and
Improvements. A net total of$2,954,615 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 $20.8 million or
17.8% of the current General Fund operating budget.
In response to questions, Parks and Recreation Director Kevin Dunbar said
the project will encompass Pier 60, the entire section of Beachwalk, and both
sides of the walkways. Pressure cleaning takes the bubble gum off the
walkways without damaging the stain. The sundial plaza is pressure cleaned
four times a year.
2.4 Provide direction regarding future development and funding for the Morningside
Recreation Center.
The Morningside Recreation Complex is located strategically in the Southeast
portion of Clearwater. The current amenities include swimming pools with
bathhouse, playground, tennis and basketball courts, racquetball/handball
courts and other park amenities. What is missing is an indoor recreation
Center that can be used by residents in this quadrant of the City.
In 1960's the developers of the Morningside Subdivision constructed a
restaurant/clubhouse for use by the residents which in turn was sold and used
as a restaurant/bar and ultimately purchased by the City in 1980 and converted
to a recreation center.
Knowing that the building and converted recreation center was coming to the
end of its life, the City included $3.1 million in the Penny for Pinellas II project
list to replace the Morningside Center. The original budget was established in
1997 and was intended to construct a recreation center similar to the
Countryside Recreation Center. With the passage of time, the cost of
construction increased by 100% from $100 per sq. ft. to $200 per sq. ft. With
rising costs and a downturn in the economy in 2008, a decision had to be
made regarding the disposition of the center. The following options were
considered by the City Council.
1. Demolish the existing center and do not replace with another center.
Convert the vacant land and renovate the existing parkland into an
improved neighborhood park. $600,000
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2. Continue to use the existing facility and make needed repairs and
renovations as needed. $1,500,000
3. Construct a new neighborhood center of approximately 14,500 sq. ft.
$3,100,000
4. Construct a new community center of approximately 25,000 sq. ft.
$6,000,000
After much input from the community and staff, a decision was made by the
City Council to accept option 1: to remove the building and invest in outdoor
improvements at the park including, tennis courts, playground, sidewalks,
landscaping etc.
The citizens of Clearwater and the residents of Morningside and the
southeastern portion of the City have always supported the construction of a
new recreation center and have been diligent to keep the issue at the forefront
of their discussions with staff and Council.
There is currently a balance of$2,894,386 of Penny for Pinellas II funds
remaining in CIP project 315-93251 for use at the Morningside Recreation
Complex.
Staff is proposing that Council reconsider the possibility of funding and
supporting a new recreation center in Morningside.
Staff is recommending the construction of a recreation center similar in size to
the Ross Norton Recreation and Countryside Recreation Centers
(approximately 22,000 sq. ft.). The facility would consist of gymnasium,
multipurpose rooms, fitness room, classroom, restrooms and lobby. The new
center could be constructed in a manner to combine entrance to the pool and
center into one lobby thus reducing operating costs.
Summary of costs:
• Construction Costs:
Building (22,000 sq. ft. x $225/sq. ft.) $4,950,000
FF&E 150,000
Soft Costs (7% of building cost) 370,000
Total $5,470,000
Funds available:
CIP 315-93251 Morningside Recreation Center $2,894,386
Funds needed for project $2,575,614
Recommended funding source for shortfall to come from undesignated Penny
for Pinellas III projects in fiscal year 2016/17 in the amount of$2,580,000.
• Operating Costs:
Operating costs, programming and revenue generated will be similar to
Countryside Recreation Center. Based on this model the annual subsidy to
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Council Work Session Meeting Minutes August 3, 2015
the center will be as follows:
Annual operating costs $600,000
Annual revenue generated $225,000
Annual City subsidy $375,000
It should be pointed out that this operating budget represents the addition of 9
new FTE (Full Time Equivalent) positions.
Proposed timeline for project:
Fiscal Year 2015/16:
• Project design, permitting, bidding
Fiscal Year 2016/17:
• October 2016 - Begin construction
Fiscal Year 2017/18:
• 1 st quarter of Fiscal Year 18 - Open facility
In response to questions, Parks and Recreation Director Kevin Dunbar said
the Ross Norton facility operates on a $550,000 budget and generates less
than $100,000. Facility amenities do not include a restaurant or bar. The
proposed project is not in the current capital improvement plan. Staff has that
identified that Penny 2 funds are available for the project. If Council wishes to
proceed with the project, the project will be included in the new Penny List to
be heard in September. Mr. Dunbar said during the 2013 Parks and
Recreation Master Plan Update process, the Morningside Recreation Center
was the number 2 identified priority.
Discussion ensued with support expressed to pursue the project. It was stated
that the neighborhood has waited a long time for a new recreation center.
Concerns were expressed that the project was not included in the City's
annual strategic plan and should not be pursued until it has gone through the
strategic planning process. It was suggested that the neighborhood and
surrounding area be polled again to determine if a new recreation center is
wanted.
The City Manager said the item before Council has been mentioned by all
councilmembers at some point. Staff will fold this legacy item into the
upcoming budget process. The Morningside Recreation Center was the only
recreation center not built under Penny 2. At that time, Council deferred the
project because of the economic downturn and the neighborhood leadership
did not support a new recreation center.
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Council Work Session Meeting Minutes August 3, 2015
Staff was directed to provide the revenue%xpenditure summary for each
recreation center.
3. Engineering
3.1 Approve an increase to the Performance Agreement (blanket purchase order) with
Data Ticket Inc. for processing parking violations in the amount of$238,272 for years
one through three and authorize the appropriate officials to execute same. (consent)
August 20, 2014, City Council approved a Performance Agreement for a
three-year term, with two additional one-year renewals to Data Ticket Inc.,
Newport Beach, CA, for parking violation processing services at a cost of$1.29
per citation processed and Collection Agency Services at a fee of 23% of total
delinquent fines (fines paid after 31 days of issuance of parking ticket) to be
paid by the customer.
The estimated annual cost to the City under the contract was $45,000 per year
plus start-up costs of approximately $15,000 in the first year for a total of
$150,000 for years one through three.
The performance Agreement anticipated payment to Data Ticket for
processing one time collections only. Staff assumed the 23% collection agency
charges would be paid by the customer directly to Data Ticket separately from
the delinquent collections. Instead, Data Tickets deposits the ticket revenue
and collected delinquent fee into the City's account and the City is responsible
for reimbursing the vendor.
At this time, the Parking Division is requesting an increase of$238,272 to the
agreement, compensating Data Ticket for Collection Agency Service fees
(Collection Fee) of 23% on delinquent tickets recovered:
Year 1 - 3,512 transactions through May of 2015 collecting $167,790 of
delinquent ticket revenue and $38,471 delinquent fees paid. It is anticipated
that an additional 2,800 delinquent tickets will be paid collecting $140,000
additional revenue and $32,200 delinquent fees to pay.
Year 2 - 6,940 transactions averaging $11.50 per ticket for delinquent fees of
$79,810.00
Year 3 - 7,634 transactions averaging $11.50 per ticket for delinquent fees of
$87,791.00
APPROPRIATION CODE AND AMOUNT:
0435-01333-530300-545-000-0000 $238,272
Funds are available in 0435-01333-530300, Parking System Contractual
Services, in the amount of$70,671 in Fiscal Year 2015 and will be budgeted
in 0435-01333-530300, Parking System Contractual Services, in amounts of
$79,810 in Fiscal Year 2016 and $87,791 in Fiscal Year 2017 Operating
budgets to fund this increase to the agreement to compensate for the
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delinquent ticket fees collected.
3.2 Approve a blanket purchase order in the first-year amount of$70,000 to Parkmobile of
Atlanta, Georgia, for reimbursement of transaction fees for mobile parking, and years
two through five with authorized increases during the contract term for total of
$520,912.00; and authorize the appropriate officials to execute same. (consent)
On May 7, 2015, City Council approved a Parking Service Agreement for
pay-by-cell parking technology between the City of Clearwater and Parkmobile,
for two years with three one-year renewal terms. Parkmobile provides a
service to the City of Clearwater's parking customers (End Users) facilitating
the activation and payment of parking transactions using mobile technology
(Mobile Parking).
For use of the Mobile Parking service, an end user fee of$0.35 per transaction
is charged to the end user. Parkmobile accepts traditional credit card payments
(Visa, MasterCard, Discover, and AMEX) from customers (End User) and all
transaction revenue is paid to the Parking Division, including the transaction
fee which the City reimburses to Park Mobile.
One million parking transactions are estimated on an annual basis. In the first
year 20 percent are anticipated to utilize the Park Mobile technology, with an
estimated annual increase of 20 percent. For the initial year's 200,000
transactions at$.35 each, $70,000 in transaction fees are anticipated. Each
subsequent year's increase based on a 20% increase is calculated as follows:
Year 2 -240,000 transactions @ $.35 each = $ 84,000
Year 3 -288,000 transactions @ $.35 each = $100,800
Year 4 - 345,600 transactions @ $.35 each = $120,960
Year 5 -414,720 transactions @ $.35 each = $145,152
TOTAL 5-year reimbursements to Park Mobile = $520,912.
APPROPRIATION CODE AND AMOUNT:
0435-01333-530300-545-000-0000 $520,912
Funds are available in 0435-01333-530300, Parking System Contractual
Services, in the amount of$70,000 in Fiscal Year 2015 and will be budgeted at
the indicated amount per year in Fiscal Year 2016 through Fiscal Year 2019 for
total funding in the amount of$520,912 to fund this reimbursement purchase
order.
3.3 Approve an increase to Florida Department of Transportation (FDOT), in the amount
of$78,753.23, for the Joint Participation Agreement (JPA) between FDOT and the
City of Clearwater for SR 590 from West of Marilyn Street to East of Audrey Drive
Improvement Project; and authorize the appropriate officials to execute same.
(consent)
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Council Work Session Meeting Minutes August 3, 2015
October 2, 2014, City Council approved a JPA between FDOT and the City of
Clearwater for design, right-of-way acquisition and construction of SR 590 from
West of Marilyn Street to East of Audrey Drive Improvement Project in the
amount of$294,705.00.
February 5, 2015, City Council approved an Amendment to the Agreement to
increase the project amount to $346,987.71 per the final engineering estimate.
May 13, 2015, FDOT received bids and has accepted a bid proposal from
AJAX Paving Industries of Florida that totals $425,740.94 for the City's utilities
work. The bid total amount is $78,753 higher than was previously approved.
FDOT has presented the higher bids to the City for evaluation and acceptance
of bid.
AECOM (formerly URS) was responsible for design of the project. AECOM has
reviewed and recommended acceptance of the bid.
This JPA amendment is required to reflect the increase of funding to be
transferred as in the Department of Transportation's Utility Work Order Change
No.2.
APPROPRIATION CODE AND AMOUNT:
0327-96634-563800-535-000-0000 $47.528.88
0327-96742-563800-535-000-0000 $31,224.35
Funds are available in Utility Renewal and Replacement projects in amounts of
$47,528.88 from 0327-96634, Sanitary Utility Relocation, and $31,224.35 from
0327-96742, Line Relocation - Capital, for total funding of$78,753.23 to fund
the increase of project costs.
3.4 Award a construction contract to B.L. Smith Electric, Inc. of Dundee, Florida, for the
Reverse Osmosis Water Treatment Plant 1 High Service Pump Station Electrical
Improvements Project (14-0024-UT) in the amount of$258,447.20, which is the lowest
bid received in accordance with the plans and specifications, and authorize the
appropriate officials to execute same. (consent)
This work provides for the installation of a new underground electrical ductbank
between the High Service Pump Station (HSPS) building and the Reverse
Osmosis (RO) building thus allowing the existing 900 kW RO standby
generator to power both buildings. This will allow the removal from service of
an existing 100 kW standby generator located at the HSPS building. The 100
kW generator is near the end of its service life. In addition, the HSPS
programmable logic controller will be updated, and a new manual transfer
switch with a receptacle for a temporary generator installed. At the RO building
a new external 900 kW temporary generator quick connect terminal will also be
installed for redundancy.
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Council Work Session Meeting Minutes August 3, 2015
The previously approved design work order with Engineer of Record (EOR)
McKim and Creed produced a design allowing significant savings by not having
to replace the HSPS 100 kW generator while at the same time providing new
redundancy at both the HSPS and RO 1 buildings through the addition of
temporary generator connection points.
The design phase was completed in May of 2015 and the construction phase is
scheduled for completion by June of 2016.
The City of Clearwater's Public Utilities Department is responsible for owning,
operating and maintaining the RO Water Treatment Plant 1.
APPROPRIATION CODE AND AMOUNT:
0327-96740-563800-533-000-0000 $258,447.20
Funding is available in Utility Renewal and Replacement project 0327-96740,
Water Supply - Treatment, to fund this contract.
4. Planning
4.1 Provide direction on the proposed first amendment to an existing Development
Agreement between Alanik Properties; Anco Holdings; 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 and confirm a second
public hearing in City Council Chambers before City Council on August 20, 2015 at
6:00 p.m., or as soon thereafter as may be heard. (HDA2015-06001)
Body: Site Location and Existing Conditions:
The 1.994-acre site is bound by South Gulfview Boulevard (west), Coronado
Drive (east), and 5th Street (north). The subject property is comprised of five
parcels with a frontage of approximately 350 feet along South Gulfview
Boulevard, 450 feet along Coronado Drive and 213 feet of frontage along 5th
Street. The site is occupied by two hotels with a combined total of 227 hotel
rooms and a small retail store. 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 Beach
Walk District of Beach by Design.
Access to the site is generally provided by several driveways along South
Gulfview Boulevard (including the South Gulfview Boulevard frontage road)
and Coronado Drive. A drop curb along 5th Street runs along the north side of
the site providing parking spaces which exist partially within and back out into
the 5th Street right-of-way. Building frontage is generally located along South
Gulfview Boulevard (and its frontage road) and 5th Street.
The larger area is characterized by a variety of uses including overnight
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Council Work Session Meeting Minutes August 3, 2015
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 two to 15 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 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 and south 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 site was the subject of the Level II Flexible Development request approval
(FLD2005-07068) which included, among other items, a request for a
Termination of Status of Nonconformity to permit 127 hotel units (63.69 units
per acre) to be considered conforming when the otherwise permitted number
of hotel units was 97 units (50 units per acre). That portion of the request is
considered vested.
The site was also the subject of a Level III Development Agreement
(HDA2014-06004/Resolution No. 14-29) approved by City Council on
September 18, 2014.
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 resulting in a total of 227 units (114 units per acre). The
current request 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.
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.
The current proposal is to demolish all structures on the site and build a single
15-floor hotel with 227 hotel rooms. The building will be 150 feet (from Base
Flood Elevation) to flat roof with the parking on the first six levels of the
building. The parking spaces on the sixth floor are covered but essentially
exterior spaces. The proposal includes a tropical modern architecture, which is
consistent with and complements the tropical vernacular envisioned in Beach
by Design.
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The site will be accessed via four driveways. Two driveways provide access to
the parking component of the project and both include two-way traffic
movements; one driveway is located at the southeast corner of the site along
Coronado Drive and the second is centrally located along the north side of the
site along 5th Street. A third driveway is located at the northeast corner of the
site along Coronado Drive and is dedicated for service uses such as loading
and solid waste. The fourth driveway is a right-in/right-out pair located at the
southwest corner of the site along South Gulfview Boulevard. The driveway
provides direct access to the drop-off area in front of the lobby on the second
floor.
The primary entrance and lobby of the building will be located along South
Gulfview Boulevard on the second floor. Direct access to this floor is proposed
to be provided by a series of terraced steps which will form a grand entrance
into the hotel providing for a seamless transition between the subject site and
Beach Walk. Because this terrace feature is located mostly within the South
Gulfview Boulevard right-of-way it will need to be reviewed and approved at a
later date through the development review process.
As noted, the first six floors of the building will contain a parking garage. In
addition to parking, the ground floor also includes various back-of-house
service uses. The second floor includes various back-of-house service uses
as well as the main lobby, and a 2,373 square foot restaurant. The third floor
includes additional support services and hotel office space. The fourth floor
includes a kitchen and meeting and conference spaces as well as an outdoor
pool and patio located along the south side of the building overlooking Beach
Walk and the Gulf. The fifth floor includes mechanical equipment and storage
space and 10 hotel rooms. The sixth floor begins the tower component of the
building and includes 19 hotel rooms. The remaining floors are dedicated to
hotel rooms.
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 86,880 square feet in area and
approximately 450 feet wide. The site is consistent with these Code
provisions.
Minimum Setbacks:
The conceptual site plan depicts setbacks of zero feet along the front (west)
along South Gulfview Boulevard/Beach Walk, 15 feet along the front (north and
east) along 5th Street and Coronado Drive, respectively, side (south) setbacks
of 10 feet and a side (west) setback of five feet. The proposed setbacks may
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Council Work Session Meeting Minutes August 3, 2015
be approved as part of a Level Two (FLD) application, subject to meeting the
applicable flexibility criteria of the Community Development Code.
Maximum Height:
Section B of the Design Guidelines within Beach by Design specifically
addresses height. The proposal provides for a building 150 feet in height as
measured from BFE where a height of up to 150 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,
The proposal provides for a building which exceeds 100 feet in height. The
applicant has demonstrated that there are no more than two structures which
exceed 100 feet within 500 feet thereby fulfilling the requirements of Option 1,
above. In addition, the applicant has demonstrated that there are no more
than four structures which exceed 100 feet within 800 feet thereby fulfilling the
requirements of Option 2, above.
The height of the proposed building is consistent with the guidelines of Beach
by Design.
Minimum Off-Street Parking:
The 227-room overnight accommodation use requires a minimum of 272
off-street parking spaces. A parking garage located on the first six levels of
the building will provide a minimum of 272 spaces. This is consistent with the
applicable Sections of the CDC.
Landscaping:
While a formal landscape plan is not required to be submitted for review at this
time, the conceptual landscape areas depicted on the site plan show that
adequate spaces for foundation landscaping will be provided along all street
frontages. 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. Staff has noted that
there are instances where the tower component of the project exceeds 100
linear feet without an offset of greater than five feet contrary to Section C.2 of
the Beach by Design Design Guidelines. Two instances occur along the west
fagade of the portion of the building which contains the parking garage
component on the south side of the site. The tower component also includes
facades which exceed the 100 foot limitation. The Design Guidelines provide
that they are intended to be administered in a flexible manner to achieve the
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height quality built environment for the beach. Staff believes that the former
scenario is acceptable because this fagade is effectively hidden by the
adjacent property to the west. Staff also believes that the latter scenario is
also acceptable because the portions of the building which directly relate to the
pedestrian realms surrounding the site provide a great deal of articulation and
visual interest. The tower component is mostly visibly and visually effective
from a distance where larger buildings planes are aesthetically consistent with
the scale of that portion of the building. In other words, since the tower will be
mostly viewed and appreciated from a greater distance than the base longer
building planes associated with the tower are proportionally appropriate.
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 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 No. 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 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.
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Changes to Development Agreements:
Pursuant to Section 4-606.1., CDC, a Development Agreement may be
amended by mutual consent of the parties, provided the notice and public
hearing requirements of Section 4-206 are followed. Revisions to conceptual
site plans and/or architectural elevations attached as exhibits to this
Development Agreement shall be governed by the provisions of Section 4-406,
CDC. Minor revisions to such plans may be approved by the Community
Development Coordinator. Other revisions not specified as minor shall require
an amendment to this Development Agreement.
In response to questions, Senior Planner Mark Parry said the request for the
additional 10 ft. was to address FEMA regulations. The street stub-out, which
will remain public right-of-way, will be addressed as part of the site plan
approval process. On the east side, the sidewalk will be 7 ft. wide, 15-foot
setback provides adequate space for landscaping.
5. Solid Waste
5.1 Approve a Contract (Blanket Purchase Order) to Hose and Hydraulics, Inc. of
Clearwater, FL in the amount of$225,000 for the purchase of replacement hydraulic
parts and repairs for vehicles and equipment used by city departments during the
contract period August 3, 2015 through August 10, 2016, in accordance with Sec.
2.564(1)(d), Code of Ordinances, Pinellas County Contract 123-0379-Q, and authorize
the appropriate officials to execute same. (consent)
This blanket purchase order is a piggyback off of Pinellas County Contract
123-0379-Q and covers the purchase of replacement hydraulic parts and
repairs for use on city vehicles and equipment.
Due to the increased demand for services and parts from Hose and Hydraulics,
an additional $45,000 needs to be added to current fiscal year Purchase Order
BR510068 for a revised total of$210,000. With the implementation delay of
once-a-week pick up services, utilization of the refuse vehicles has not
reduced. Some are older and require more costly maintenance, particularly
replacement parts. Any interruptions in services would hinder the ability and
quality service provided to the Clearwater residents.
APPROPRIATION CODE AND AMOUNT:
566-06611-550600-519-000 $225,000
This is budgeted in the operating expenses for Fiscal Year 14/15 and Fiscal
Year 15/16
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5.2 Award a contract (blanket purchase order) to Jet Age Fuel, Inc. of Clearwater, FL, in
the annual amount of$3,100,000 for the purchase of unleaded and diesel fuel for city
motorized equipment, including two one-year renewal terms at the City's option, and
authorize the appropriate officials to execute same. (consent)
Invitation to Bid (ITB) No. 19-15 was issued in May 2015. Seven
responses were received. The ITB pricing structure was based on
specific dates' rack rates, and the respective Fixed Fee Markup (+ or-)
from the bidders. Fuel prices change daily based on the rack rates,
markups, and applicable taxes. For general reference, on June 24,
2015, fuel prices were $2.36 for unleaded and $ 2.31 for diesel, per
gallon.
This contract is for the purchase of unleaded and un-dyed diesel fuel for
delivery to the city's fuel facility located at 1701 N. Hercules Avenue.
Additionally, this contract will be for the purchase of dyed diesel for
delivery to the City's fixed and mobile generators at various locations
within the city. The fuel purchased from this contract is utilized in the
majority of city equipment, including police and fire, and the majority of
refuse collection vehicles used by the Solid Waste Department.
Jet Age was the second lowest bidder on ITB 19-15, by a nominal
differential of$1,232 (calculations based on historical Fiscal Year 14
consumption). The recommendation to award to Jet Age is due to the
vendor's proximity to the City of Clearwater (located inside City limits)
coupled with confidence in their supply chain and delivery capabilities.
Additionally, the ITB required a written commitment from the supplier of
their ability to be responsive to Clearwater in emergency situations. Jet
Age provided a written confirmation of their ability to supply fuel 24
hours a day, 7 days a week, especially during the hurricane season; and
if their supply from the Port of Tampa is interrupted they have the ability
to obtain fuel via truck from Jacksonville, Florida or Bainebridge,
Georgia.
Per the US Energy Information Administration, the estimated average
retail price for diesel in 2015 is $2.95 per gallon and the estimated
average retail price for unleaded is $2.49 per gallon (projections of cost
for the period of this award was averaged to estimate the price per
gallon and includes taxes the City doesn't pay). The City does not pay
Federal taxes; but does pay state taxes at time of payment and submits
for reimbursement on a monthly basis.
APPROPRIATION CODE AND AMOUNT:
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Council Work Session Meeting Minutes August 3, 2015
Funds are available in cost code 566-06611-550600-519-000 (Fuel)
$3,100,000
6. Official Records and Legislative Services
6.1 Designate a Councilmember to be the official voting delegate at the Florida League of
Cities' Annual Conference, August 13-15, 2015.
The Florida League of Cities' Annual Conference will be held at the World
Center Marriott, Orlando, Florida on August 13-15.
The League is asking each municipality to designate one official to be the
voting delegate at the Annual Business Session on Saturday, August 15 at
9:00 a.m. Adoption of resolutions and by-laws changes are undertaken at the
business meeting.
This year, voting delegates will consider whether minor changes in municipal
population should affect the reapportionment of board seats after they have
been apportioned and whether the reapportionment process should take place
more often than every ten years.
The proposed change for Article II - Board of Directors, Section 5C (2) is as
follows:
Each district shall be apportioned into one or more Board seats representing a
reasonably equal municipal population within the several districts for each
individual Board seat, as determined by the official federal decennial census,
but excluding the population of the ten (10) most populous cities in the state.
Districts established pursuant to Subsections (B) & (C) of this Article shall take
effect no later than the second annual membership meeting following each
official federal decennial census. The Board of Directors may reapportion
Board seats after the initial reapportionment to address federal census
population corrections that result in unintended consequences.
There was consensus to designate Councilmember Jonson as the voting delegate
and place the item on the Consent Agenda.
7. Legal
7.1 Adopt Ordinance 8731-15 on second reading, annexing certain real properties whose
post office addresses are 1760 Evans Drive, 1779 Owen Drive and 2711 North
Terrace Drive, all in Clearwater, Florida, 33759, together with certain rights-of-way of
North Terrace Drive, Lucas Drive and Diane Drive, into the corporate limits of the city
and redefining the boundary lines of the city to include said addition.
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7.2 Adopt Ordinance 8732-15 on second reading, amending the future land use plan
element of the Comprehensive Plan of the city to designate the land use for certain
real properties whose post office addresses are 1760 Evans Drive, 1779 Owen Drive
and 2711 North Terrace Drive, all in Clearwater, Florida, 33759, upon annexation into
the City of Clearwater, as Residential Low (RL) and Preservation (P) / Drainage
Feature Overlay.
7.3 Adopt Ordinance 8733-15 on second reading, amending the Zoning Atlas of the city
by zoning certain real properties whose post office addresses are 1760 Evans Drive,
1779 Owen Drive and 2711 North Terrace Drive, all in Clearwater, Florida, 33759,
upon annexation into the City of Clearwater, as Low Medium Density Residential
(LMDR) and Preservation (P).
7.4 Adopt Ordinance 8734-15 on second reading, annexing certain real property whose
post office address is 1472 Grove Circle Court, Clearwater, Florida 33755, together
with all right-of-way of Grove Circle Court, into the corporate limits of the city and
redefining the boundary lines of the city to include said addition.
7.5 Adopt Ordinance 8735-15 on second reading, amending the future land use plan
element of the Comprehensive Plan of the city to designate the land use for certain
real property whose post office address is 1472 Grove Circle Court, Clearwater,
Florida 33755, upon annexation into the City of Clearwater, as Residential Low (RL).
7.6 Adopt Ordinance 8736-15 on second reading, amending the Zoning Atlas of the city
by zoning certain real property whose post office address is 1472 Grove Circle Court,
Clearwater, Florida 33755, upon annexation into the City of Clearwater, as Low
Medium Density Residential (LMDR).
7.7 Adopt Ordinance 8737-15 on second reading, annexing certain real property whose
post office address is 2052 The Mall, Clearwater, Florida 33755, together with all
right-of-way of The Mall, into the corporate limits of the city and redefining the
boundary lines of the city to include said addition.
7.8 Adopt Ordinance 8738-15 on second reading, amending the future land use plan
element of the Comprehensive Plan of the city to designate the land use for certain
real property whose post office address is 2052 The Mall, Clearwater, Florida 33755,
upon annexation into the City of Clearwater, as Residential Urban (RU).
7.9 Adopt Ordinance 8739-15 on second reading, amending the Zoning Atlas of the city
by zoning certain real property whose post office address is 2052 The Mall,
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Council Work Session Meeting Minutes August 3, 2015
Clearwater, Florida 33755, upon annexation into the City of Clearwater, as Low
Medium Density Residential (LMDR).
7.10Adopt Ordinance 8740-15 on second reading, annexing certain real property whose
post office address is 2117 Burnice Drive, Clearwater, Florida 33764, into the
corporate limits of the city and redefining the boundary lines of the city to include said
addition.
7.11Adopt Ordinance 8741-15 on second reading, amending the future land use plan
element of the Comprehensive Plan of the city to designate the land use for certain
real property whose post office address is 2117 Burnice Drive, Clearwater, Florida
33764, upon annexation into the City of Clearwater, as Residential Low (RL).
7.12Adopt Ordinance 8742-15 on second reading, amending the Zoning Atlas of the city
by zoning certain real property whose post office address is 2117 Burnice Drive,
Clearwater, Florida 33764, upon annexation into the City of Clearwater, as Low
Medium Density Residential (LMDR).
7.13Adopt Ordinance 8745-15 on second reading, vacating a portion of that certain utility
easement four feet in width along the rear of Lots 1, 2, 8 and 9 of Glenwood Estates
Addition as recorded in Plat Book 9, Page 56 of the Public Records of Pinellas
County, Florida.
7.14Adopt Ordinance 8748-15 on second reading, amending the Clearwater Code of
Ordinances Chapter 32 Utilities, Article VII Solid Waste Management, updating
definitions, trash collection frequency and practice exemptions, private roll-off hauler
reporting, yard waste and unincorporated collection; amend Appendix A - Schedule of
Fees, Rates.
In response to questions, Solid Waste/General Services Assistant Director
John Pittman said staff is in the process of scheduling meetings with the
homeowners associations to address questions and concerns. Assistant City
Manager Jill Silverboard said the Pilot program was deferred due to the rate
analysis. County tipping fees are expected to increase. If requested, the fee
for the second garbage can was reduced to half the cost of the first container.
It was suggested that staff provide Council with talking points regarding the
once-a-week garbage pick-up.
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The Council recessed from 3:37 p.m. to 3:42 p.m.
7.15Adopt Ordinance 8749-15 on second reading, vacating a portion of that certain 10 foot
drainage and utility easement along the read of Lot 13 as described in the plat titled
"Northwood West" as recorded in Plat Book 85, Page 2, of the Public Records of
Pinellas County, Florida.
8. City Manager Verbal Reports
8.1 BP Settlement Funding (WSO)
The City of Clearwater has approved a settlement in the amount of$8,139,039 from
BP in final settlement of claims resulting from the Deepwater Horizon Oil Spill. After
Attorney's Fees and Expenses, the net disbursement to the City will total
$6,480,352.21. There are no limitations on use of the claim proceeds by the City,
which provides City Council with significant latitude in determining how best to use
the money.
There are a number of worthy initiatives to consider for appropriating the BP claim
settlement monies. Staff offers the following categories and considerations for City
Council's review of community initiatives that may be considered as priorities for the
funds.
Community legacies include cultural and physical attributes that are inherited from
past generations, built or maintained in the present, and bestowed for the benefit of
future generations, including buildings, monuments, landscapes and works of art.
Staff recommends a one-third portion of the settlement ($2.16 million) be set aside in
a Capital Project designated for legacy initiatives that City Council may define in the
future
Community resiliency means being prepared to help prevent or minimize the loss or
damage to life, property and the environment, to recover rapidly from disruptions and
disasters so that essential services can be restored for timely economic and social
recovery.
Clearwater has been designated as one of 3 pilot communities by the Florida
Department of Economic Opportunity (DEO) for purposes of developing a coastal
hazards vulnerability assessment and adaptation plan. During the adaptation
planning process, Clearwater will be defining a series of adaptation strategies for
coastal hazards and prioritizing focus areas for adaptation implementation activities.
The DEO grant will leave Clearwater with a series of, as yet undefined, recommended
initiatives for community resiliency. Staff recommends that a one-third portion
($2.16 million) of the BP settlement be reserved for future funding of priority
adaptation, resiliency activities.
City Council has defined "Facilitation of Economic Development" as a strategic
priority that embraces diversification of the economic base and increasing economic
opportunity as objectives. Staff recommends that a one-third portion ($2.16 million)
as "seed money" for significant economic development projects. This money would
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Council Work Session Meeting Minutes August 3, 2015
be used to match developer contributions for major projects that will significantly
improve the local economy, create jobs and meet additional criteria defined for same.
9. City Attorney Verbal Reports
10. Council Discussion Item
10.1 Constituent communication regarding Floridians for Solar Choice ballot initiative -
Councilmember Jonson
Councilmember Jonson said at the Florida League of Cities General Meeting
there was discussion regarding the solar choice ballot initiative. The League
has concerns regarding the initiative and tried to get the initiative removed
from the ballot. Several cities have come forward as pro-solar and think the
League should withdraw its challenge of legality of the amendment. The
League did not have an opportunity to provide feedback on the amendment as
it was not presented to the League prior to it being approved to go to the
voters, so their only course of action is to challenge the legality in court.
The City Attorney said that the issue may not need to be a constitutional
amendment, unintended consequences would be difficult to fix. The issue is
not solar energy but the wording in the amendment.
Discussion ensued with support being given to Councilmember Jonson to vote
with the League on this issue.
11. New Business (items not on the agenda maybe brought up asking they be
scheduled for subsequent meetings or work sessions in accordance with Rule 1,
Paragraph 2). — None.
12. Closing Comments by Mayor — None.
13. Adjourn
The meeting adjourned at 4:00 p.m.
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