02/13/2017 Council Work Session Meeting Minutes February 13, 2017
City of Clearwater
City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
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Meeting Minutes
Monday, February 13, 2017
1 :00 PM
Council Chambers
Council Work Session
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City of Clearwater
Council Work Session Meeting Minutes February 13, 2017
Roll Call
Present 5 - Mayor George N. Cretekos, Vice Mayor Bill Jonson, Councilmember
Doreen Caudell, Councilmember Bob Cundiff(arrived 1:11 p.m.), and
Councilmember Hoyt Hamilton
Also Present: William B. Horne II — City Manager, Jill S. Silverboard — Deputy City
Manager, Pamela K. Akin - City Attorney, and Nicole Sprague— Official
Records and Legislative Services Coordinator
1. Call to Order— Mayor Cretekos
The meeting was called to order at 1:00 p.m. at City Hall.
2. Presentations — Given.
2.1 Police Officer Oaths
The Official Records and Legislative Services Coordinator administered the
Oath of Office to Police Officers Danny R. Fiber, Christopher J. Fowler,
Daniel 1. Jewett, Elliott J. Lightfoot, Jarik R. Melendez and Xavier J.
Rodriguez.
The Council recessed from 1:05 p.m. to 1:09 p.m. to meet as Pension
Trustees.
3. Office of Management and Budget
3.1 Discuss proposed project list for the Penny for Pinellas extension (Penny IV). (WSO)
The referendum on the renewal of Penny for Pinellas is scheduled for
November 7, 2017. In preparation, Pinellas County has established a timeline
for municipalities to provide necessary information to be used for public
outreach.
Staff has provided the City Manager's list of recommended projects to the City
Council for infrastructure projects during this next ten-year cycle. A listing of
proposed projects is due to the County in April.
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In response to a question, Deputy City Manager Jill Silverboard said the
Department of Economic Opportunity (DEO) sustainability project report has
not been released. Planning Manager Lauren Matzke said the draft report
was received this morning but has not been reviewed yet.
In response to a question, Public Communications Director Joelle Castelli said
there were 155 respondents to the citizen survey. Staff was directed to
provide information on how the score was generated from the ranking. The
survey was set up in a way that only one response per IP address would be
allowed, one person could have used multiple devices to complete the survey.
Ms. Silverboard said the list of projects on the survey predated the most recent
list of expanded projects that was referred to by Ms. Kastel. Ms. Silverboard
said there is operational budget funding for neighborhood engagement
projects, however, there is no funding in the capital plan for specific capital
projects as they have not yet been identified, it is difficult to assign Penny for
Pinellas dollars without knowing if a project will qualify for penny funds. Until
a specific project scope is identified, capital funding is budgeted for a variety of
potential components, like sidewalks and neighborhood parks, as well as
traffic calming.
The City Manager said Council was provided with the results of the Clearwater
Neighborhood Coalition survey so Council would know their desired use for
Penny 4 funding. He said while staff would customize traffic calming
solutions, there is no intention on a more comprehensive program as
suggested by the results of the Coalition's survey results. Engineering
Director Michael Quillen said there is currently$750,000 budgeted for traffic
calming.
In regards to Utilities Infrastructure, Ms. Silverboard said the $20 million will be
funded in $2 million increments over the life of the levy. The CIP work will
also be funded in other ways, such as rates, bonds, etc. Engineering
Manager Rob Fahey said the City typically expends $2 million annually on
repairs and renovations, penny funding would be used for improvements and
infrastructure replacement to better seal the system and protect it from ground
and surface water intrusion which can happen during storm events.
In response to questions regarding Beach Marina Upgrades, Marine and
Aviation Director Bill Morris said the scope of the project entails replacing
sidewalks and seawalls while at the same time, installing conduit into the
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Council Work Session Meeting Minutes February 13, 2017
sidewalks and seawalls for future amenity and utility expansion. Mr. Morris
said the dock replacement project is estimated to cost $30 million, with $15
million coming from Penny funds. Ms. Silverboard said the beach marina
fund is not healthy enough to anticipate a capital contribution significant
enough to fund a project like this. In response to a concern regarding using
penny funds to upgrade the dock facilities and amenities, Ms. Silverboard said
there are elements of the project that are not specific to someone with a slip
lease.
In response to a question regarding the Courtney Campbell Causeway
trailhead project, Ms. Silverboard said other funds will hopefully be used in
advance of the Penny 4 cycle. Parks and Recreation Director Kevin Dunbar
said staff anticipates using Penny 3 funding in addition to grants to complete
the Courtney Campbell Trailhead project as well as the one at Del Oro Park.
In response to questions, Ms. Silverboard said there is no funding in Penny 4
or the general fund related to the Clearwater Harbor ULI initiative. There is a
placeholder in the general fund CIP for Second Century Clearwater under
comprehensive boating plan but a project scope or funding source has not
been identified. Ms. Silverboard explained that funding large capital
purchases with Penny funds, such as fire trucks, reduces the operational
burden in the budget.
A comment was made that the list of Penny projects can be adjusted by future
councils at a public hearing. The list of presented projects will be voted on by
the County in April, a finalized list along with a resolution in support of the
Penny 4 levy will be brought back to Council in March.
4. Economic Development and Housing
4.1 Endorse the application for Project Atlas and committing the City of Clearwater to
provide local financial support (Local Match) of ten percent of the eligible tax refund
upon certification by State of Florida Department of Economic Opportunity (DEO) and
adopt Resolution 17-11.
This Resolution amends Resolution 16-03, extending the timeframe by which
Project Atlas must create 12 new jobs and reducing the Local Match by 5%.
The extended timeframe requires changes to the job creation schedule and
Local Match payout schedule. All Conditions of Limitation and Termination
remain unchanged.
APPROPRIATION CODE AND AMOUNT:
The FY 2017-2018 funding is currently available from Economic Development
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budget account number 181-99846. Future year funding will need to be
allocated during the City's annual budget process.
In response to a question, Economic Development and Housing Director
Denise Sanderson said the company requested an extension on the
timeframe by which they must create the jobs.
5. Gas System
5.1 Approve a Developer Agreement with Lindiakos Properties, Inc, for the installation of a
natural gas distribution system and authorize appropriate the officials to execute
same. (consent)
Lindiakos Properties, Inc (Developer) is constructing 95 townhomes in a new
development in Tarpon Springs. The Developer has agreed to use natural gas
in at least 75% of the townhomes.
This agreement has been modified to remove the Commercial Automobile
Liability insurance requirement and standard indemnification language. These
changes were made as a result of contract negotiations between the
City/Clearwater Gas System and the Developer. Automotive liability was not
applicable for this project, and, as the developer is not utilizing any vehicles in
connection with the development. The City will be able to pursue common law
indemnification if there are losses due to the developer's negligence. The
City's sovereign immunity under FL Statute Chapter 768.28 is not waived.
5.2 Approve a Mutual Use Agreement with Tampa Bay Water for the installation of natural
gas distribution mains and authorize the appropriate officials to execute same.
(consent)
Clearwater Gas System (CGS) is installing a 6-in. natural gas distribution main
along Bexley Village Drive in Pasco County,just north of State Road 54. This
main extension will serve the new Bexley Ranch neighborhood currently under
construction. CGS will be crossing the Tampa Bay Water (TBW) transmission
line easement that runs parallel with the Tower Rd right-of-way.
To cross this easement, CGS will have to enter into a Mutual Use Agreement
(MUA) with TBW. This agreement will allow CGS to connect CGS' main to its
current distribution system within Bexley Ranch. CGS has previously crossed
TBW at Ballantrae Blvd and Tower Rd. This new crossing at Bexley Village
Drive is being constructed to provide looping of the CGS system, which will
enhance system reliability.
6. Parks and Recreation
6.1 Approve Vehicle Use Agreement between the School Board of Pinellas County,
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Florida and the City of Clearwater through August 23, 2017 for the City to utilize
Pinellas County School buses at a cost of$1.50 per mile plus $29.00 per hour, for a
total estimated cost of$40,000 and authorize the appropriate officials to execute.
(consent)
The Parks and Recreation Department organizes field trips requiring bus
transportation for participants.
The Pinellas County School System allows municipalities to utilize their fleet of
buses and drivers for$1.50 per mile plus $29.00 per hour for driver with a
five-hour booking minimum.
During the summer of 2017, the department will organize approximately 150
field trips that may utilize school bus transportation.
Comparing a sampling cost of school buses for these trips against the use of
private bus lines indicates school buses are generally a less costly mode of
transportation. During the past year, the City utilized school buses for field
trips at a cost of approximately $35,000.
Approval of this Agreement will provide staff with a larger number of options
when determining the most cost effective source of transportation for
participants.
The Agreement is similar to agreements between the Pinellas County School
Board and other Pinellas County municipalities that utilize school bus
transportation.
The Recreation Programming Division's Operating Budget contains sufficient
funds to cover the costs associated with this Agreement.
This item supports the City's Strategic Plan by partnering with other public
organizations to be more efficient in providing services and programs to the
youth of our community.
In response to a question, Parks and Recreation Director Kevin Dunbar said
this agreement is mainly for the summer camp programs,participants pay a
fee and there is 100% cost recovery.
6.2 Approve a License Agreement between the Board of Trustees of St. Petersburg
College (SPC) and the City of Clearwater (City) providing for the use of Jack Russell
Stadium for SPC baseball, the use of Eddie C. Moore Softball Complex for SPC
softball, and terminates an older license agreement between SPC and the City to use
the Joe DiMaggio Sports Complex and authorize the appropriate officials to execute
same. (consent)
SPC transferred ownership of the Joe DiMaggio Sports Complex to the City in
July 2000 in exchange for the college having priority use of the baseball fields
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for their baseball program.
SPC desires to improve their baseball and softball programs and to provide
improvements to City facilities in order to meet this goal.
The City has made several improvements to the Jack Russell Stadium complex
including renovation of restrooms, batting tunnels, painting of structures and is
currently constructing new offices to house the Athletic section of the Parks
and Recreation Department.
However, much is still left to be done and SPC wants to partner with the City to
make improvements to the main clubhouse which will then be used by SPC
and the City.
This License Agreement will replace the previous License Agreement and
terminate the other agreement in its entirety.
This Agreement will allow SPC first priority for use of Jack Russell Stadium
working in good faith with Clearwater High School baseball team and the City's
sports tourism initiatives. In addition SPC will have first priority for use of E.C.
Moore Softball Complex for games and practices for the softball team.
SPC will make improvements and renovations to the locker facilities and other
baseball amenities on site which will become the property of the City.
SPC will reimburse the City for all direct expenses associated with their facility
usages i.e. field lighting, utility charges, staff and field maintenance.
In response to questions, Parks and Recreation Director Kevin Dunbar said
only field 8 at Eddie C Moore complex will be used for games and practice.
SPC will use the old home clubhouse, which is located on the first base side.
7. Police Department
7.1 Authorize the Chief of Police to sign a Memorandum of Understanding between the
City of Clearwater Police Department and the Florida Department of Highway Safety
and Motor Vehicles. (consent)
The Florida Department of Highway Safety and Motor Vehicles (DHSMV)
primary duties include issuance of motor vehicle and driver licenses,
registration and titling of motor vehicles, and enforcement of all laws governing
traffic, travel and public safety upon Florida's public highways.
In carrying out its statutorily mandated duties and responsibilities, the DHSMV
collects and maintains personal information that identifies individuals. This
information is stored in the DHSMV Driver and Vehicle Information Database
system, commonly referred to as DAVID. Based upon the nature of this
information, the DHSMV is subject to the disclosure prohibitions contained in
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18 U.S.C. §2721, the Driver's Privacy Protection Act, Section 119.0712(2),
Florida Statutes, and other statutory provisions.
Law enforcement personnel may utilize the DAVID database for legitimate law
enforcement purposes which include:
• Traffic related inquiries, crash investigations or red light camera
violations;
• Response to call for service, possible criminal activity, or disturbances;
• Criminal investigations, suspect identification or to obtain descriptors;
• Emergency notifications; or other legitimate law enforcement purpose.
The Florida Department of Law Enforcement (FDLE) requires the Clearwater
Police Department to enter into a Memorandum of Understanding in order to
have continued access to the DHSMV database; however, FDLE now requires
that the MOU must be executed by the person authorized to sign contracts on
behalf of the Clearwater Police Department.
The current data exchange MOU between both parties is set to expire
November 13, 2017, which was for a 3-year term. This new MOU for
continued access to the DHSMV files/programs will be for a term of six years.
8. Engineering
8.1 Approve the First Amendment to the Cooperative Funding Agreement (CFA) between
Southwest Florida Water Management District (SWFWMD) and the City of Clearwater
for the Groundwater Replenishment Project, and authorize the appropriate officials to
execute same. (consent)
December 17, 2015, City Council approved the CFA between SWFWMD
and the City for the Groundwater Replenishment Project, providing 50%
reimbursement of the project cost up to a maximum of$14,340,000
The agreement requires that the 30% Design of the project be reviewed by
a third party to validate the design criteria and engineering estimates of
construction. The Third Party Review was completed in July of 2016.
There was an increase in the engineering estimate at the 30% design.
SWFWMD approved of the Third Party Review and the increase in cost at
their Board Meeting in September of 2016.
This amendment provides for an increase of reimbursement from
SWFWMD of 50% with a maximum in the amount of$2,018,000 for the
total project cost of$32,716,000 and total SWFWMD reimbursement up to
$16,358,000 maximum in accordance with the latest engineering estimate.
8.2 Award a construction contract to Central Florida Contractors, Inc. of Seminole, Florida,
for the 2017 Sidewalks Construction Project (16-0016-EN) in the amount of
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$527,468.98, and authorize the appropriate officials to execute same. (consent)
This project is for upgrades to meet American Disabilities Act (ADA) standards
in neighborhood streets near downtown Clearwater and Winding Wood Drive.
The contract also allows for curbing and sidewalks in other areas as needed.
Additionally, the contract includes repair and replacement of existing sidewalks
in Clubhouse Estates neighborhood, along Enterprise Road and Drew Street.
The City of Clearwater's Engineering Department will be providing construction
inspection.
The City received three responsive bids and Central Florida Contractors, Inc.
was the lowest bidder in the amount of$527,468.98.
Construction duration is 365 days and is anticipated to be completed by early
spring 2018.
APPROPRIATION CODE AND AMOUNT:
0315-92339-563700-541-000-0000 $231,502.45
0315-92277-563700-541-000-0000 $295,966.53
Funds are available in capital improvement projects in amounts of$231,502.45
from 0315-92339, New Sidewalks and $295,966.53, 0315-9227, Streets and
Sidewalks to fund the contract.
In response to questions, Engineering Assistant Director Scott Rice said all
the sidewalks that are practical to build in the East Gateway area have been
built, it is not possible in some areas to build sidewalks. This was a unit price
contract and the contractor can be utilized for more than what is listed in the
agenda item.
8.3 Approve a purchase order (contract) to Transmap Corporation of Upper Arlington, OH,
in the amount of$105,132.19 for the 2017 Pavement Assessment Program and
authorize the appropriate officials to execute same. (consent)
Pavement assessment is an integral part of evaluating the condition of city
streets to assist in planning a maintenance program. Under this purchase
order, Transmap will evaluate the Pavement Condition Index for the 321 miles
of streets under the City's jurisdiction. These ratings will assist in development
of a five-year resurfacing program
Transmap Corporation is currently under contract with the City of Coral
Springs, Florida. The City of Clearwater will piggy back on the City of Coral
Springs contract RFP 15-D-005 which began 04/1/2015 and terminates
03/18/2017
APPROPRIATION CODE AND AMOUNT:
0315-92277-561200-541-000-0000 $105.132.19
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Funds are available in Capital Improvement Project 0315-92277, Streets and
Sidewalks.
In response to a question, Engineering Assistant Director Scott Rice said that
the construction project on Countryside Blvd. is related to under drain
installation. He said there are areas where the water is coming up through
the pavement.
9. Planning
9.1 Approve services agreement (purchase order) to Quorum Services LLC of Tampa, FL,
in the annual amount of$400,000 for Inspection and Plan Review Services, with two,
one-year extension options at the City's discretion, and authorize the appropriate
officials to execute same. (consent)
Staff is requesting approval of a service agreement with Quorum Services LLC
to provide inspection and plan review for the Planning and Development
Department. Services to be provided by Quorum include, but are not limited
to inspections for construction permits and plan review for construction permit
applications.
During calendar year 2016, a total of$352,000 was spent on outside contractor
inspection and plan review services. Construction projects continue to be very
active with some sizable projects. The inability to find qualified inspectors, and
also our commitment to expedient service has resulted in the need for these
outside contractor expenses.
Quorum Services is the low responsive bidder to Invitation to Bid Number
03-17, issued on November 18, 2016. Five responses were received for the
bid. The Department also requests, within this authorization, the approval to
utilize the secondary responsive bidder, Joe Payne, Inc. in a limited capacity at
any time that Quorum is unable to respond in a timely manner to the City's
needs.
Qualified licensed professionals have been very difficult to find.
APPROPRIATION CODE AND AMOUNT:
Funding for the Purchase Order(s) will come from budget line item for
Contractual Services 0-010-1430-530300-524-000.
In response to questions, Planning and Development Assistant Director Gina
Clayton said Quorum Services LLC is currently doing the work. It depends on
the type of work as to how many people are required to perform the duties,
Quorum has people on staff with multiple licenses. Quorum is used mainly
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for larger projects but also fill in when there are staff vacancies, which enables
the City to meet customer service expectations.
9.2 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 1515 Stevenson's Drive and 1316 Woodbine Street, together with certain
abutting right-of-way of Stevenson's Drive and Carol Drive, and pass Ordinances
8997-17, 8998-17, 8999-17 on first reading. (ANX2016-11039)
These voluntary annexation petitions involve 0.34-acres of property consisting
of two parcels of land each occupied by a single-family dwelling. The first
parcel of 0.167 acres is located at the southeast corner of Stevenson's Drive
and Carol Drive, approximately 280 feet west of N. Betty Lane (1515
Stevenson's Drive) and the second parcel of 0.18 acres is located on the north
side of Woodbine Street, approximately 340 feet east of N. Betty Lane (1316
Woodbine Street). Both applicants are requesting annexation in order to
receive solid waste service from the City, and the applicant for 1316 Woodbine
Street is also requesting to receive sanitary sewer service. The Development
Review Committee is proposing that the 0.49-acres of abutting Stevenson's
Drive and Carol Drive right-of-way not currently within the city limits also be
annexed. Both parcels 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 Low (RL) and a Zoning Atlas
designation of Low Medium Density Residential (LMDR).
The Planning and Development Department determined that the proposed
annexations are consistent with the provisions of Community Development
Code Section 4-604.E as follows:
• Both properties currently receive water service from Pinellas County.
The applicant for 1316 Woodbine Street is requesting sanitary sewer
and the closest line is located in the adjacent Woodbine Street
right-of-way. The applicant has paid the City's sewer impact and
assessment fees and is aware of the additional costs to extend City
sewer service to this property. For the property located at 1515
Stevenson's Drive the closest sanitary sewer line is located in the
adjacent Stevenson's Drive right-of-way, and the applicant is aware of
the additional costs to extend City sewer service to this property. The
applicant has chosen not to connect to sanitary sewer at this time and
is aware of the associated monthly fee. Collection of solid waste for
both properties will be provided by the City of Clearwater. 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
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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
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 these
properties. This designation primarily permits residential uses at a
density of 5 units per acre. The proposed zoning district to be assigned
to these properties is the Low Medium Density Residential (LMDR)
District. The use of the properties is 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
• Both parcels are contiguous to existing city boundaries along at least
one property boundary; therefore the annexations are consistent with
Florida Statutes Chapter 171.044.
9.3 Provide direction on the proposed Development Agreement between North Clearwater
Beach Development, LLC (the property owner) and the City of Clearwater, providing
for the allocation of 10 units from the Hotel Density Reserve under Beach by Design
and confirm a second public hearing in City Council Chambers before City Council on
March 2, 2017 at 6:00 p.m., or as soon thereafter as may be heard. (HDA2016-09001)
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Site Location and Existing Conditions:
The 0.35-acre site is located on the south side of Bay Esplanade
approximately 230 feet east of Poinsettia Avenue. The subject property is
comprised of two parcels with a frontage of approximately 130 feet along Bay
Esplanade. The site is occupied by 11 attached dwellings within two buildings;
a one-story and two-story. 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 Old Florida District
of Beach by Design.
Vehicular access to the site is generally provided by a drop curb along Bay
Esplanade which runs along the entire north side of the site providing access
to parking spaces which exist at least partially if not entirely within and back out
into the Bay Esplanade right-of-way. Building frontage is generally located
along Bay Esplanade.
The larger area is characterized generally by overnight accommodation and
attached dwelling uses with heights ranging from one to four stories. A hotel
75 feet in height is under construction immediately to the north of the site
across Bay Esplanade.
A dock with five slips is located along the south side of the site. It should be
noted that the dock will only be permitted to be used as an accessory use to
the hotel and limited to use by to registered hotel guests only.
Development Proposal:
The current proposal is to demolish all structures on the site and build a single
seven-floor hotel with 27 hotel rooms (78 units per acre). The 27 proposed
units include 17 units otherwise permitted by the Resort Facilities High Future
Land Use classification and an additional 10 units from the Hotel Density
Reserve through Beach by Design. The building will be 75 feet (from Base
Flood Elevation) to roof with the parking on the first floor. The proposal
includes a tropical modern architecture, which is consistent with and
complements the tropical vernacular envisioned in Beach by Design.
The site will be accessed via two driveways with one two-way driveway located
at the northeast corner of the property and the second driveway (an
ingress-only) located at the northwest corner. A service drive is located at the
northeast corner of the building along Bay Esplanade. The primary entrance
and lobby of the building will be located along Bay Esplanade on the second
floor.
As noted, the first (ground) floor of the building will contain all 32 required
parking spaces as well as a solid waste component. The second through
fourth floors contain five hotel units each with the remaining three floors
containing four rooms each. The fifth floor also includes an open veranda.
The roof level (available for guests only) includes a pool, dog run, fitness room,
restroom, a small bar and a variety of seating and lounging areas.
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The existing dock is proposed to remain and will function as an accessory use
to the proposed hotel and will be available only for hotel guests.
It should be noted that the proposal includes the provision of an atypical lobby
arrangement where a small office/registration area is provided at the northwest
corner of the second floor. The registration area will be staffed between 9:00
a.m. and 1:00 p.m. Monday through Friday. The applicant has provided that an
agent will otherwise be available via telephone 24 hours a day/seven days a
week. In short, the proposed lobby consists of a small office area tucked into a
corner of the second floor which will, for the most part, be unstaffed. This
point, specifically, is in direct conflict with the provision of Section V.B.2 of
Beach by Design which provides that a "reservation system shall be required
as an integral part of the hotel use and there shall be a lobby/front desk area
that must be operated as a typical lobby/front desk area for a hotel would be
operated".
Consistency with the Community Development Code (CDC):
Minimum Lot Area and Width:
The subject property is 15,175 square feet in area and approximately 130 feet
wide. The proposed lot area and width may be approved as part of a Level
Two (FLD) application, subject to meeting the applicable flexibility criteria of the
Community Development Code.
Minimum Setbacks:
The conceptual site plan depicts setbacks to building of 16 feet along the front
(north) along Bay Esplanade and five feet along all other remaining sides of
the site. The conceptual site plan depicts setbacks to pavement of 10 feet
along the front (north) along Bay Esplanade and zero feet along all other
remaining sides of the site. The proposed setbacks may be approved as part
of a Level One (FLS) application, subject to meeting the applicable flexibility
criteria of the Community Development Code.
Maximum Height:
Section A.1.c of the Old Florida District within Beach by Design specifically
addresses height. The proposal provides for a building 75 feet in height as
measured from BFE where a height of up to 75 feet is permitted for overnight
accommodations. The proposed height is also permitted 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 as otherwise limited by
Beach by Design.
The height of the proposed building is consistent with the guidelines of Beach
by Design.
Minimum Off-Street Parking:
The 27-room overnight accommodation use requires a minimum of 32
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off-street parking spaces. A parking garage located on the first levels of the
building will provide a minimum of 32 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 the street
frontage as required by Section A.6 of the Old Florida District within Beach by
Design. Since no perimeter landscape buffers are otherwise 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:
Old Florida District
Section A.1 specifies that overnight accommodations may be permitted up to a
height of 75 feet (except for those properties located along Somerset Street).
The property is not located along Somerset Street and a height of 75 feet is
proposed.
Section A.2 specifies that a 15 foot front setback is required as are 10 foot side
and rear setbacks. All setbacks are specifically to building. Section A.4
provides that a maximum reduction of five feet from any required setback (to
building) may be possible. The proposal includes a front setback of 16 feet
and five foot setback on all other sides.
Section A.3 provides requirements for stepbacks and setbacks for building
exceeding 35 feet in height. Any development exceeding 35 feet in height
shall be required to incorporate a building stepback on at least one side of the
building (at a point of 35 feet). In the case of the subject property, the
stepback is required along the north side of the building along Bay Esplanade.
This section also specifies that a stepback/setback ratio, for this property is
one foot for every 2.5 feet in building height above 35 feet. The additional
stepback/setback for the proposed building is 16 feet. The total required
stepback/setback distance for this project from the front (north) property line is
between 26 and 31 feet (depending on if a reduction of five feet along the front
property were requested as provided for in Section A.2). The applicant has
provided a 16 foot setback (to building) and a 15 foot stepback at 35 feet for a
total stepback/setback distance of 31 feet.
Section A.6 requires a 10 foot landscape buffer is along all street frontages
where the proposal includes a landscape buffer area of 10 feet along Bay
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Esplanade.
Design Guidelines:
A review of the provided architectural elevations and massing study was
conducted and the proposed building does appear to be generally consistent
with the applicable Design Guidelines established in Beach by Design. It is
noted, however, that a more formal review of these Guidelines will need to be
conducted as part of the final site plan approval process.
Hotel Density Reserve:
The project has been reviewed for compliance with those criteria established
within Beach by Design concerning the allocation of hotel rooms from the
Reserve. The project is inconsistent with the criterion which requires the
provision of a typical lobby arrangement. The proposed lobby consists of a
small office tucked into a corner of the second floor which will, for the most
part, be unstaffed. Other criteria are met, 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
and is consistent with the Comprehensive Plan. However, the proposal is in
direct conflict with the provision of Section V.B.2 of Beach by Design which
provides that a "reservation system shall be required as an integral part of the
hotel use and there shall be a lobby/front desk area that must be operated as a
typical lobby/front desk area for a hotel would be operated".
The proposed Development Agreement will be in effect for a period not to
exceed ten years, meets the criteria for the allocation of rooms from the Hotel
Density Reserve under Beach by Design and includes the following main
provisions:
• Provides for the allocation of 10 units from the Hotel Density Reserve;
• Requires the developer to obtain building permits and certificates of
occupancy in accordance with Community Development Code (CDC)
Section 4-407;
• Requires the return of any hotel unit obtained from the Hotel Density
Reserve that is not constructed;
• password
• Prohibits the conversion of any hotel unit allocated from the Hotel Density
Reserve 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.
In response to questions, Senior Planner Mark Parry said the Hotel Density
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Reserve Project List accounted for projects under construction or in the
permitting stage. If reserve units are granted and not built, the units return to
the reserve pool. Mr. Parry said the hotel lobby will only be available
Monday-Friday, 9:00 a.m. to 1:00 p.m.
Discussion ensued with concerns expressed regarding the limited hours of the
hotel desk operation. Mr. Parry said the concerns have been relayed to the
developer and the developer would be at the council meeting to address
questions and concerns.
9.4 Approve amendments to the Clearwater Community Development Code establishing
the Foreclosure Property Registry, procedures for registration and enforcement, and
annual registration fee and pass Ordinance 8996-17 on first reading. (TA2016-12004)
Since 2006, a significant number of properties have gone through foreclosure
in the City of Clearwater. At present, there are over 700 properties in active
foreclosure and 256 owned by banks. Because many properties in the
foreclosure process often become neglected and/or unsecured, they can have
serious negative impacts on the surrounding neighborhood and create
conditions which invite criminal activity and foster an unsafe and unhealthy
environment for children. Due to the difficulty in determining the party
responsible for maintenance during foreclosure, the Planning and
Development Department is proposing the establishment of a foreclosure
registry.
Proposed Ordinance 8996-17 requires that within 10 days of the filing of a lis
pendens the mortgagee shall register the property with the City and provide
contact information for a local property management company responsible for
maintaining the property. This information will enable the City to have direct
contact with the party responsible for:
• the security and maintenance of the property;
• decisions concerning the abatement of nuisance conditions at the
property; and
• expenditures to correct violations.
Any unoccupied or vacant property subject to the ordinance must also maintain
a visible posting on the structure with the name and all-hour contact number of
the mortgagee's local agent.
A property registration and the associated $200 fee is valid for one year. If the
mortgage on a registered property is sold or transferred, the new mortgagee is
responsible for obtaining a new registration and paying the requisite fee.
The Planning and Development Department has determined that the proposed
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Council Work Session Meeting Minutes February 13, 2017
text amendment to the Community Development Code is consistent with and
furthers the goals, objectives and policies of the Comprehensive Plan and the
Community Development Code as outlined in the staff report. The CDB
reviewed the proposed text amendment at its meeting of January 17, 2017 and
unanimously recommended approval of the amendment, with one change
eliminating the required sign posting for occupied properties. The revision has
been integrated into the attached ordinance.
In response to questions, Code Compliance Manager Terry Teunis said the
proposed Foreclosure Property Registry is modeled after similar programs in
Tampa, St. Petersburg, and other communities. The City Attorney said this
registry is substantially similar to the County's. Mr. Teunis said this registry
will establish a point of contact with a property's management company to
work together toward a common goal of maintaining a property that is in
disrepair.
9.5 Amend City Council Policies to add a new Block Party Insurance Requirement under
General Administration.
A neighborhood block party is an opportunity for neighbors to get together,
meet each other, have fun, and work together on a common activity. Each
year, dozens of Clearwater neighborhoods hold block parties which can range
from small barbecues or pot lucks to larger neighborhood-wide events with
amusements like bounce houses and other activities in the City's rights-of-way.
Neighborhoods apply for block party permits, which the Neighborhood
Coordinator assists with; however, because the City is issuing a permit for the
block party, it can potentially have greater risk of liability should something
happen during the event in the City's right-of-way.
Planning and Development, Parks and Recreation, and Risk Management staff
have worked together to develop a new block party application process which
ensures efficient customer service while also insulating the City of any claims
arising from such an event. Staff is proposing a two-tier system which
differentiates smaller scale block parties that do not include amusements or
alcohol in the right-of-way (Tier 1 block parties) from those larger-scale parties
that include high risk components and activities in the right-of-way such as
alcohol consumption, cooking and inflatable amusements (Tier 2 block
parties). A new City Council policy is proposed that would establish this
two-tier system and enable the City to require liability insurance for those
parties that are higher liability risks for the City. If the block party organizer
and/or Homeowner's Association (HOA) does not have liability insurance, the
City recommends purchasing a Tulip Tenant Users Liability Insurance Policy,
provided by Specialty Advantage Insurance Services.
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Council Work Session Meeting Minutes February 13, 2017
Proposed General Administration Policy I (with subsequent policies
re-lettered):
I. Block Party Insurance Requirement:
In order to insulate the City from claims resulting from activities held in the
public right-of-way in City-permitted block parties, block parties shall be
administered using a two-tier approach, which differentiates between smaller
scale block parties that do not include amusements or alcohol in the
right-of-way (Tier 1 block parties) from those larger-scale parties that include
high risk components and activities (i.e., alcohol zones, fire pits, inflatable
amusements) (Tier 2 block parties). Prior to the issuance of a block party
permit, block parties categorized as Tier 2 shall be required to demonstrate
that they have general liability insurance in the amount of$1,000,000 for which
the City is listed as additionally insured.
9.6 Continue to March 16, 2017: Approve a Zoning Atlas Amendment from the A-E
Agricultural Estate Residential District (Pinellas County) to the Medium Density
Residential (MDR) District (City) for 2425 McMullen Booth Road and an unaddressed
parcel on McMullen Booth Road; and pass ordinance 9003-17 on first reading.
(REZ2016-02002)
At their January 17, 2017 meeting, the Community Development Board
continued the public hearing of this item to February 21, 2017.
Since the public hearing dates were included in the advertised CDB notice, first
reading of Ordinance 9003-17 must be continued to March 16, 2017.
9.7 Continue to March 16, 2017: Approve a Future Land Use Map Amendment from the
Residential Low (RL) category to the Residential Low Medium(RLM) category for 2425
McMullen Booth Road and an unaddressed parcel on McMullen Booth Road; and
pass ordinance 9002-17 on first reading. (LUP2016-02002)
At their January 17, 2017 meeting, the Community Development Board
continued the public hearing of this item to February 21, 2017.
Since the public hearing dates were included in the advertised CDB notice, first
reading of Ordinance 9002-17 must be continued to March 16, 2017.
9.8 Continue to March 16, 2017: Deny a Development Agreement between HR Tampa
Bay, LLC (the developer) and the City of Clearwater for property located at 2425 and
unaddressed McMullen Booth Road; and reject Resolution 17-08 to deny the
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Council Work Session Meeting Minutes February 13, 2017
Development Agreement for this property. (DVA2016-09001)
At their January 17, 2017 meeting, the Community Development Board
continued the public hearing of this item to February 21, 2017.
Since the public hearing date was included in the advertised CDB notice,
council action must be continued to March 16, 2017.
10. Marine & Aviation
10.1Approve the Joint Participation Agreement (JPA) GOH27 between the City of
Clearwater and the State of Florida Department of Transportation (FDOT) for an
Airpark Master Plan Study at Clearwater Airpark, authorize the appropriate officials to
execute same, and adopt Resolution 17-12.
FDOT JPA Agreement GOH27 provides for an 80% grant for conducting an
airport master plan study at the Clearwater Airpark, with the City providing a
20% match. An airport master plan is a comprehensive study of an airport and
usually describes the short-, medium-, and long-term development plans to
meet future aviation demand. The goal of a master plan is to provide the
framework needed to guide future airport development that will cost-effectively
satisfy aviation demand, while considering potential environmental and
socioeconomic impacts. The Federal Aviation Administration and FDOT
strongly recommend the airport master plan to be updated periodically to stay
in compliance with grant requirements.
The project cost is estimated at$100,000.00 with the Florida Department of
Transportation contributing $80,000.00 and the City providing a $20,000.00
match.
APPROPRIATION CODE AND AMOUNT:
Funds are available in capital improvement project 315-94886, Clearwater
Airpark MP Update, to fund this contract.
11. Public Utilities
11.1 Ratify and Confirm purchase order (contract) to Layne Inliner LLC in the amount of
$39,600.00 for Emergency Services to minimize the overflow of sewage from our
Corona Interceptor Sewer, as part of the Sanitary Collect and Transmission R and R
Project, and authorize the appropriate officials to execute same.
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Council Work Session Meeting Minutes February 13, 2017
Corona Interceptor Sewer experienced the sewage overflow during Hurricane
Hermine. The emergency rental of the Vac-Con vehicle and crew
supplemented our crew around the clock during the time the sewer was
inundated. This action prevented a substantial quantity of sewage from
overflowing the sewer system along South Arcturas near Clearwater High
School and into surrounding homes.
On October 13, 2016, a purchase order ST113339 approved by the City
Manager in the amount of$39,600.00 issued to Layne Inliner LLC for the
emergency Vac-Con services.
APPROPRIATION CODE AND AMOUNT:
0327-96665-563800-535-000-0000 $39,600.00
Sufficient funding is available in the Utility and Replacement project,
0327-96665, Sanitary Collect& Transmission R&R $39,600.00.
In response to questions, Public Utilities Director Dave Porter said the pumps
were working on the dates and times listed. The contract was paid out of the
departmental repair and replacement fund. Deputy City Manager Jill
Silverboard said the repair and replacement fund is the only suitable place for
funding. Mr. Porter said the City has applied for FEMA funding.
11.2Ratify and confirm purchase order (contract) to TLC Diversified Inc. in the amount of
$120,000.00, United Rentals Inc. in the amount of$1,000,000.00, McKim and Creed
Engineers in the amount of$199,000.00, and B.L. Smith Electric Inc. in the amount of
$9,623.50 for Emergency Services associated with the mechanical pump failure
flooding the Marshall Street WRF influent pump station, as part of the Water Pollution
Control R and R Project; and authorize the appropriate officials to execute same.
During Hurricane Hermine, the Marshall Street WRF influent pump station
experienced a mechanical pump failure that resulted in the flooding of the dry
pit side of the station, destroying the electrical and mechanical systems and
rendering the pump station unusable. The following emergency services were
utilized:
On September 16, 2016, a purchase order BR511821 approved by the City
Manager in the amount of$120,000.00 issued to TLC Diversified Inc for the
50,000 gallons of temporary headworks installation, rental and removal.
On September 20, 2016, a purchase order BR511822 approved by the City
Manager in the amount of$500,000.00, and on December 08, 2016, an
additional $500,000.00 was also approved with the total of$1,000,000.00,
issued to United Rentals Inc for the equipment rental and for the bypass
pumping services. Emergency pumping systems were installed immediately to
allow influent flow to enter the plant.
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Council Work Session Meeting Minutes February 13, 2017
United Rentals (North America) Inc. provides equipment rentals under contract
with National Joint Powers Alliance (NJPA). Rental equipment acquired
through United Rentals is in compliance with the NJPA Contract#091615
which expires October 20, 2019. The City of Clearwater is a member of NJPA
and is eligible to piggyback on this contract in accordance with City Code 2.564
(1)(d), other government entities' contracts.
On October 05, 2016, a purchase order ST113299 approved by the City
Manager in the amount of$199,000.00 issued to McKim & Creed Engineers for
the engineering services relating to the electrical and controls repairs and/or
replacement of the influent pump station and other effected systems.
On October 07, 2016 a purchase order ST113321 approved by the City
Manager in the amount of$9623.50 issued to B.L. Smith Electric Inc for the
temporary hook up pumps at the Marshall Street WRF.
APPROPRIATION CODE AND AMOUNT:
0315-96664-563800-535-000-0000 $120,000.00
0315-96664-565500-535-000-0000 $1,000,000.00
0327-96664-561300-535-000-0000 $199,000.00
0327-96664-563800-535-000-0000 $9,623.50
Sufficient funding is available in the Capital Improvement Program project,
0315-96664, Water Pollution Control R & R, in the amount of$1,120,000.00
and in the Utility and Replacement project, 0327-96664, Water Pollution
Control R & R $208,623.50.
In response to questions, Public Utilities Director Dave Porter said the rental
equipment is still on site. This agenda item covers emergency expenses
from the beginning of the event up to January. The equipment is rented for a
period of 12 months, if the equipment is not used that entire time, the City will
be refunded for the portion of time the equipment was not used.
12. Solid Waste
12.1Award a contract (Blanket Purchase Order) for $132,000.00 to Coastal Alternative
Fuel Systems in Odessa, FL for Ford vehicle up-fitting services (CNG Conversion);
authorize purchase under the City's Master Lease Purchase Agreement, or internal
financing via an interfund loan from the Capital Improvement Fund, whichever is
deemed to be in the City's best interest; and authorize the appropriate officials to
execute same. (consent)
Provide the up-fit/conversion services required for the twelve Ford Vehicles in
the current fiscal year 16/17.
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4441 2017 Ford F250 Crew Cab 4WD-CNG Gas
4442 2017 Ford F250 Crew Cab 4WD-CNG Gas
4443 2017 Ford F450 Reg Cab SVC Body-CNG Gas
4444 2017 Ford F450 Crew Cab Flat Bed-CNG Gas
4446 2017 Ford F150 Extended Cab-CNGGas
4447 2017 Ford F150 Extended Cab-CNGGas
4448 2017 Ford F150 Extended Cab-CNGGas
4449 2017 Ford F450 Reg Cab SVC Body-CNG Gas
4451 2017 Ford F250 Ext 2WD-CNG Gas
4452 2017 Ford F250 Ext 4WD-CNG Gas
TBD 2017 Ford Transit Gas
TBD 2017 Ford Transit Gas
At this time Coastal Alternative Fuel Systems is the only Ford
Qualified/Certified Vehicle Modifier in the State of Florida. Pursuant to City
Code Section 2.564(b) Exceptions to Bid and Quotation Procedure, Coastal
Alternative Fuel Systems is a sole source and therefore these services are
exempt from bidding.
APPROPRIATION CODE AND AMOUNT:
316-94241-564100-519 -$132,000.00
13. Legal
13.1 Request for authority to settle the case of Demmeko Stanley vs. City of Clearwater
Case No. 15-002515-CI for $87,500.00. (consent)
Demmeko Stanley alleges that on August 26, 2013, the vehicle he was driving
was struck by a truck owned by the City of Clearwater and operated by one of
its employees. He alleges injuries as a result and has incurred past expenses
for medical care in excess of$130,000.00.
Authority is being sought to settle this case for$78,500.00, in exchange for
which the City will receive a full release and the pending civil action will be
dismissed with prejudice.
APPROPRIATION CODE AND AMOUNT:
0-590-07590-545900-519-000-000
14. City Manager Verbal Reports — None.
15. City Attorney Verbal Reports — None.
16. Council Discussion Item
16.1 Temporary Suspension of Comp. Sign Fee -Vice Mayor Jonson
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Council Work Session Meeting Minutes February 13, 2017
Vice Mayor Jonson shared pictures from other communities where businesses
have signs on the building or store front as well as hanging under canopy
signs for the pedestrian viewpoint. The under canopy signs are allowed by
code but only under the comprehensive sign process. Mr. Jonson suggested
waiving the comprehensive sign program fee until changes to the sign code
could be brought forward.
Planning and Development Director Michael Delk said staff can incorporate
the suggestion into changes that will be considered by Council later this year.
A differentiation would have to be made to distinguish which types of signs
would require a permit, signs without lights or electricity could be done without
a permit. He said any fee waivers would be Council's decision. He said
there is misinformation in the community as to what is allowed. A couple
years ago, staff presented the Downtown Development Board (DDB) with a
proposal to do a comprehensive sign approval for all of downtown and its key
retail sites to eliminate some process requirements. Staff requested the DDB
talk amongst themselves and let staff know who would participate, a response
was never provided.
A concern was expressed regarding suspending the fee as there was no way
of knowing what could be installed in the interim if regulation changes were
coming in November.
Mr. Delk said he needed to see what is already installed in the downtown area
and determine what staff and Council would be comfortable with in terms of
size and type of the under canopy signs.
In response to a comment regarding the timing for staff to bring a resolution
back to Council, the City Manager said planning staff will not be diverting
attention from the Bluff Masterplan.
17. New Business (items not on the agenda may be brought up asking they be
scheduled for subsequent meetings or work sessions in accordance with Rule 1,
Paragraph 2). — None.
18. Closing Comments by Mayor — None.
19. Adjourn
The meeting adjourned at 3:10 p.m.
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City of Clearwater