06/12/2017
Council Work Session Meeting Minutes June 12, 2017
City of Clearwater
City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
Meeting Minutes
Monday, June 12, 2017
1:00 PM
Council Chambers
Council Work Session
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City of Clearwater
Council Work Session Meeting Minutes June 12, 2017
Roll Call
Present
5 - Mayor George N. Cretekos, Vice Mayor Hoyt Hamilton, Councilmember
Doreen Caudell, Councilmember Bob Cundiff, and Councilmember
Bill Jonson
Also Present:
William B. Horne II – City Manager, Jill Silverboard – Deputy City
Manager, Micah Maxwell – 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.
A moment of silence was observed in honor of the Orlando Pulse Nightclub
Shooting and for the recent passing of city employee Rob Fahey.
2. Presentations – Given.
2.1
June Service Awards
One service award was presented to a city employee.
2.2
Firefighter Oaths
The City Clerk administered the Oath of Office to Firefighters: Nina Borders,
Matthew Demarco, Alejandro Montoya, Joshua Peterson, Jacob Rivero,
John Sims, Tyler Whitfield and Nicholas A Wolfgram.
2.3
Police Officer Oaths
The City Clerk administered the Oath of Office to Police Officers: Brittani J.
Berg, John P. Dressman, Stephanie C. Emrich, Henry G. Giles, Jr., Brandon
N. Haring, Stephen M. Hartnett III, Brian P. Hoxie, Jerome R. Lascko, Jay W.
Moccia, Jenny L. Terrero and Kevin E. Vigh.
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City of Clearwater
Council Work Session Meeting Minutes June 12, 2017
The Council recessed from 1:08 p.m. to 1:29 p.m. to meet as the Pension
Trustees and the Community Redevelopment Agency.
3. Office of Management and Budget
3.1
Amend the City’s fiscal year 2016/17 Operating and Capital Improvement Budgets at
mid-year and pass Ordinances 9052-17 and 9053-17 on first reading.
The fiscal year 2016/17 Operating and Capital Improvement Budgets were
adopted in September 2016 by Ordinances 8946-16 and 8947-16. Section
2.521 of the City’s Code of Ordinances requires the City Manager to prepare a
quarterly report detailing income, expenditure estimates, collections, the
explanation of significant variances, as well as the financial status of all capital
improvement projects. Staff has provided a memorandum outlining the issues
at mid-year that require amendment.
In response to questions, Police Chief Daniel Slaughter said HVE in the HVE
Pedestrian Grant stands for High Visibility Enhancement. Budget Manager.
Kayleen Kastel said staff anticipated the Jolley Trolley payments would be
issued in the first period but it is actually being issued monthly. Deputy
Assistant City Manager Jill Silverboard said there is one remaining project
from the original sanitary sewer extension project list; the Kapok Terrace Area
was already in design prior to the decision of discontinuing that project series.
Engineering Director Mike Quillen said the change order for Keystone
Excavators came in lower than expected. Ms. Kastel said the 20% negative
variance in franchise fees is related to Duke Energy; revenues are down due
to the warm winter. Ms. Silverboard said franchise fees make up
approximately 18-20% of the general fund revenues; staff has always been
conservative with projections in that portion of the general fund revenues. Ms.
Kastel said Pinellas County has projected a $1.5 million-impact to Clearwater
if the additional homestead exemption is passed in 2018. The projection was
based on 2016 property values.
Staff was directed to provide the millage impact if the additional homestead
exemption is passed.
3.2
Amend Exhibit A of Resolution 17-17 regarding the proposed extension of Penny for
Pinellas to amend the proposed project list and adopt Resolution 17-22.
On April 25, 2017, Resolution 17-17 was approved in support of the proposed
extension of the one-cent local government infrastructure surtax (Penny for
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Council Work Session Meeting Minutes June 12, 2017
Pinellas), which included a proposed project list and the Penny IV Interlocal
Agreement with Pinellas County.
The proposed project list, Exhibit A, is amended to include the following
changes:
A new project, Public Safety Vehicle/Equipment Facility is being added
to the list with a proposed budget of $1.5 million;
The Police District III (Countryside Sub Station) project is being
increased by $500,000 to a new total of $6 million; and
The Athletic Fields & Facilities Upgrades/Improvements project is being
created with a proposed budget of $14.5 million to combine three Parks
and Recreation sports facility projects into one grouped project. (Major
League Baseball Facilities, Youth Sports Fields Renovations, and
McMullen Tennis Complex Expansion).
The Sand Key Bridge Replacement Fund project is being reduced by
$2 million to a new total of $28 million to fund the increases listed
above.
In response to questions, Deputy City Manager Jill Silverboard said there is
nothing wrong with the Sand Key Bridge. Budget Manager Kayleen Kastel
said bridge replacement is estimated to occur in 2045 and would cost
approximately $95 million.
Staff was directed to provide information regarding the available funds in
existing CIPs for neighborhoods (i.e., sidewalks, traffic calming, infrastructure,
etc.).
4. Gas System
4.1
Report on the Clearwater Gas System (CGS) Fiscal Year 16/17 Dividend to the City
General Fund. (WSO)
By City Council policy, CGS pays an Annual Dividend equal to 50% of the prior
year’s net income (less bond interest earnings), but no less than $1,700,000 to
the City’s General Fund. After the city books close for the year, the Gas
System calculates the Annual Adjusted Dividend payment to return ½ of its
annual Net Income less debt service interest as a Dividend to the City in the
following year. CGS’ financial performance for Fiscal Year 15/16 exceeded our
plan; therefore, CGS will actually pay a Fiscal Year 16/17 Dividend of
$3,570,795, an increase of $1,170,795 above the $2,400,000 budgeted for
Fiscal Year 16/17. This is $1,870,795 above the minimum annual dividend
payment to the City.
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Clearwater Gas System Managing Director Chuck Warrington provided a
PowerPoint presentation.
In response to questions, Mr. Warrington said the Department has a healthy
reserve and has been saving for the expansion plan. The strategic plan is
conducted every two years to ensure the department is in line with forecasts.
5. Parks and Recreation
5.1
Approve two agreements between USA Softball, Inc, of Oklahoma City, Oklahoma,
and the City of Clearwater, for hosting the 2017 USA Softball GOLD 18U and 16 U
Fast-Pitch tournaments, July 16-22, 2017 and authorize the appropriate officials to
execute same. (consent)
USA Softball, Inc., formerly the Amateur Softball Association (ASA)/USA
Softball, is a volunteer driven, not-for-profit organization based in
Oklahoma City, OK, was founded in 1933 and has evolved into the
strongest softball organization in the country. The United States Olympic
Committee (USOC) named ASA the National Governing Body of Softball,
pursuant to the Amateur Sports Act of 1978.
The GOLD Nationals tournaments are the highest level of play for club
softball. Clearwater hosted the same tournaments in 2013 and was
selected to host the 2017 events at the Eddie C Moore Softball Complex
(18U) and Sid Lickton Complex (16U).
The economic impact to the community from the tournaments is expected
to generate approximately $7 million with over 12,000 room nights at
Clearwater and Pinellas County hotels.
The City’s primary goal is to serve as host and facility operator for both
tournaments, including field preparation services, set up for all support
areas, coordination of facility layout, electric and water services, on-site
event staff, marketing and coordination, recruitment of volunteers for the
events and securing umpires and officials for the games, providing for
security, paramedics, solid waste services, park and restroom clean-up,
etc.
USA Softball will provide technical assistance throughout the operation of
the tournaments at Eddie C Moore Softball Complex and Sid Lickton
Complex, and manage the qualification process for up to 64 teams to play
in each tournament.
The City is responsible for the financial management and accounting for
the tournaments, collecting all revenue associated with the event and for
paying all expenses from proceeds. It is anticipated that tournament
revenue will cover all expenses and produce a net profit to help defray
costs associated with Sports Tourism Division.
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Council Work Session Meeting Minutes June 12, 2017
In response to questions, Parks and Recreation Director Kevin Dunbar said
the City partnered with Visit St. Pete Clearwater to assist with the room
nights for the event. Eight days following this tournament the City will be
hosting the World Baseball Classic. Volunteers who speak different languages
are needed.
5.2
Award a contract (purchase order) to Caladesi Construction Company (Caladesi) of
Largo Fl., Bid 16-0035-PR for the construction of the Morningside Recreation Center
Building located at 2400 Harn Blvd. in the amount of $5,702,809.73, including 10%
contingency; transfer $385,000 of Gas revenues and $815,000 of general fund
reserves at third quarter to the Morningside Recreation Center (CIP 315-93251) and
authorize the appropriate officials to execute same. (consent)
On August 6, 2015, the City Council approved allocating an additional
$2,580,000 from undesignated Penny III projects to Capital Project 315-93251
(Morningside Recreation Center), in fiscal year 2016/17, for the construction of
the new 22,000 sq. ft. recreation center at Morningside Recreation Complex.
A design committee made up of city staff and citizens worked together with
Wannemacher Jensen Architects, Inc. (WJA) to design a facility that would
meet the needs of the community.
The completed design went out to public bid on April 2017 resulting in 9 very
competitive bids. The bids ranged from a low of $5,702,809.73 to $6,376,159
or a range of $673,349.27. Caladesi was the lowest and most responsive of all
bidders.
The scope of the contract includes all construction trades necessary to build a
20,900 sq. ft. recreation center consisting of the following spaces: Lobby,
Office, Fitness Room, Gymnasium, Storage, Restrooms and Multipurpose
rooms for meetings and programs.
One of the most creative additions to this construction project is the inclusion
of gas powered air conditioning system for the building. The increased
investment cost to add this system is $385,000. It is anticipated that the
system will produce enough energy savings within 7 to 9.7 years to cover the
cost of the initial investment and savings thereafter.
The budget for this project which was first approved in fiscal year 2000 as a
Penny II project is $5,965,000. To date, the following has been completed
and/or encumbered for this project:
Removal of previous recreation center and improvements to Morningside Park
FY06-09 - $240,615
Architectural and Engineering Services for the Center and Pool FY15-17 -
$411,560
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Remove pool building, construct new pool pump system, changing room
cabanas, basketball courts, fencing and site work FY16/17 - $592,095
Additional items to be completed in this project include FF & E, Public Art,
Installation of gas water heaters, fencing and this contract.
Additional funding required to complete this project is $1,200,000 to come from
$385,000 Gas revenues and $815,000 General Fund Reserves.
This item supports the City Strategic Direction and priorities for quality by
providing new infrastructure for the citizens of Clearwater.
APPROPRIATION CODE AND AMOUNT:
A third quarter budget amendment will provide a transfer of $385,000 in Gas
revenues and $815,000 in General Fund revenues, to capital improvement
project 315-315-93251, Morningside Recreation Center, to fund this contract.
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 $815,000 to capital
improvement project 315-93251, Morningside Recreation Center. Inclusive of
this item if approved, a net total of $7,993,663 of General Fund reserves has
been appropriated by Council to fund expenditures in the 2016/17 operating
budget. The remaining balance in General Fund reserves after the 8.5%
reserve requirement is approximately $14.0 million, or 10.7% of the current
General Fund operating budget.
5.3
Provide direction regarding the Crest Lake Park Master Plan developed by
Wannemacher Jensen Architects, Inc. (WJA), of St. Petersburg, FL.
The City Council approved allocating $250,000 in Penny funds for CIP project
“Crest Lake Park Improvements” in Fiscal Year 2015/16. The scope of this
project was to provide for the master plan design, public engagement process
and preliminary budget needed for renovations at Crest Lake Park.
On April 7, 2016, the City Council approved a contract to WJA in the amount of
$97,718, which included a 25% contingency, for architectural and engineering
design services required to provide concept designs for the future development
of Crest Lake Park, 201 Glenwood Ave.
Over the past year staff and WJA conducted surveys, held meetings with Crest
Lake Advisory Committee and held two very well attended community public
meetings. From all of this input WJA was able to complete their study and
provide a Master Plan for Crest Lake Park.
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Council Work Session Meeting Minutes June 12, 2017
Consensus by the community was to increase water access while improving
the ecology of the lake, especially habitat for birds. The existing trees and lake
habitat were seen by the community as a critical asset as well.
Concepts for improving the park circulation and park uses were proposed by
the consultants with the community preferring a Lake Loop and Lakeline
Development. Both of these provided more integration of the lake with the
park while not overdeveloping the park.
The proposed plan for the park builds on the public’s preferred options.
Pedestrian circulation from the neighborhood into the park and to the lake is
increased. Active, Passive and Flexible Zones were identified and placed into
the appropriate places in the park.
Active Zones may include extended playground, splash pad, exercise court,
boat docks, dog park, and volleyball court. Passive Zones would include
water access by boardwalks and fishing piers, picnic areas, arboretum garden,
exploratory paths, park benches, chess/checker board area, and neighborhood
planted street edge and oak line trellis path. Flexible zone may include
multi-functional pavilion, restrooms, open lawn area, and small amphitheater &
stage.
The preliminary master plan budget including a 10% contingency and
$400,000 for gas line relocation on the southeast corner of Crest Lake is
$5,447,000. There is a current balance of $1 million in CIP project 315-93650
Crest Lake Park Improvements. In addition there is an additional $750,000 in
Penny funds allocated in Fiscal Year 2018/19 for this project. This leaves a
project shortfall of $3,697,000 to cover all costs of the master plan.
Staff is in support and of the opinion that the current master plan addresses
the major concerns and desires of the residents as well as provides for exciting
new improvements that will attract more residents to enjoy this strategic park
as a gateway to downtown and the beaches.
Staff is seeking Council approval of the master plan and requesting additional
consideration for funding to complete the entire project.
If no additional funds are allocated for the project, staff recommends using the
existing $1.75 million to construct new concrete paths, boardwalks, restrooms
and lighting.
This item supports the City Strategic Direction and priorities for quality by
providing new infrastructure for the citizens of Clearwater.
In response to questions, Parks and Recreation Director Kevin Dunbar said
the pavilion would have a restroom and potentially have a concessions
element if desired. The small amphitheater would be similar to the one at Pier
60 Park and would accommodate 100 to 200 attendees. The Department has
budgeted $1.7 million for the project. Deputy City Manager Jill Silverboard said
there is some fund balance in Penny 3, approximately $5 million, that is not
designated but staff is proposing to reassign the balance for capital needs
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within the existing project list. Mr. Dunbar said the project should be completed
within 18 months. The proposed fishing pier will be where the existing pier is
located.
Discussion ensued with support expressed to use BP funds to complete the
project. It was suggested that the BP funds should be used at the intracoastal
waterway.
6. Police Department
6.1
Approve an extension on the temporary moratorium for medical marijuana dispensing
organizations established by Ordinance 8995-17 and pass Ordinance 9050-17 on first
reading.
On November 8, 2016, Florida voters approved an amendment to the Florida
Constitution, titled “Use of Marijuana for Debilitating Medical Conditions”
(Amendment 2). Amendment 2 became effective on January 3, 2017.
Amendment 2 has legalized under state law throughout the State of Florida the
medical use of cannabis for a “Debilitating Medical Condition,” which is defined
to mean “cancer, epilepsy, glaucoma, positive status for human
immunodeficiency virus (HIV), acquired immune deficiency syndrome (AIDS),
post-traumatic stress disorder (PTSD), amyotrophic lateral sclerosis (ALS),
Crohn's disease, Parkinson's disease, multiple sclerosis, or other debilitating
medical conditions of the same kind or class as or comparable to those
enumerated, and for which a physician believes that the medical use of
marijuana would likely outweigh the potential health risks for a patient.”
Amendment 2 has also legalized under state law throughout the State of
Florida the operation of a “Medical Marijuana Treatment Center” (MMTC),
which is defined to mean “an entity that acquires, cultivates, possesses,
processes (including development of related products such as food, tinctures,
aerosols, oils, or ointments), transfers, transports, sells, distributes, dispenses,
or administers marijuana, products containing marijuana, related supplies, or
educational materials to qualifying patients or their caregivers and is registered
by the Department \[of Health\].”
Amendment 2 required the Florida Department of Health to adopt specified
regulations pertaining to MMTCs within 6 months from the effective date of the
amendment, such as procedures for the registration of MMTCs that include
procedures pertaining to the issuance, renewal, suspension and revocation of
registration, and standards ensuring proper security, record keeping, testing,
labeling, inspection, and safety, as well as regulations defining the amount of
marijuana that could reasonably be presumed to be an adequate supply for
qualifying patients’ medical use, based on the best available evidence.
Amendment 2 also authorized the Florida legislature to enact laws consistent
with the Department of Health’s constitutional duties.
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Council Work Session Meeting Minutes June 12, 2017
In order to promote effective land use planning, the City Council imposed a
temporary moratorium in Ordinance 8775-17 until July 2, 2017 on the operation
of MMTCs or the operation of any additional “Dispensing Organizations within
the City of Clearwater to preserve the status quo while awaiting the
promulgation of regulations by the Florida Department of Health and the
possible adoption of laws by the Florida legislature pertaining to MMTCs so
that the Department of Planning and Development for the City of Clearwater
would have an opportunity to review such rules and laws and to research,
study and analyze the potential impact of MMTCs and “Dispensing
Organizations” upon adjacent uses and the surrounding area and the effect of
MMTCs and “Dispensing Organizations” on the general welfare.
The Florida legislature, however, ended its 2017 regular session without
enacting any laws regulating MMTCs, leaving it to the Florida Department of
Health to adopt specified regulations pertaining to MMTCs. Moreover, the
Florida Department of Health as of May 9, 2017 has not yet adopted specified
regulations and has until July 2, 2017 to do so.
Due to the historical prohibition of cannabis, the City of Clearwater does not
currently have any land development regulations governing the use of real
property for purposes of cultivating, processing, distributing, or selling
cannabis. In fact, one dispensary of cannabis is already operating within the
City of Clearwater pursuant to Section 381.986, Florida Statutes.
Without knowing what regulations the Florida Department of Health may adopt,
the Department of Planning and Development for the City of Clearwater is
unable to adequately formulate land development regulations that
appropriately govern the use of real property for purposes of cultivating,
processing, distributing, or selling marijuana or for related activities.
An extension of the temporary moratorium imposed by Ordinance 8775-17 for
an additional ninety days will enable the City of Clearwater a sufficient period of
time to analyze the regulations adopted by the Florida Department of Health
and then formulate and adopt land development regulations that appropriately
govern the use of real property for purposes of cultivating, processing,
distributing, or selling marijuana or for related activities
7. Engineering
7.1
Ratify and confirm Change Order 1 to Waterfront Engineering Inc., of Tampa, Florida,
for Emergency Seawall Repairs in the amount of $8,765.58 and authorize the
appropriate officials to execute same.
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Council Work Session Meeting Minutes June 12, 2017
November 17, 2016, City Council approved emergency seawall repair
proposals provided by Waterfront Engineering.
During repair to the Fuller Drive seawall along Stevenson Creek, Waterfront
Engineering encountered buried debris, from an earlier seawall, which needed
to be removed and caused the need for additional fill material and design
modifications to the new wall panel depths for an increase of $14,541.68.
The seawall repaired on Clearwater Beach North of Opal Sands was
completed under the proposed value saving the City $5,776.10 for a net
increase to proposals of $8,765.58.
APPROPRIATION CODE AND AMOUNT:
0315-93412-563800-539-000-0000 $14,541.68 ST113359
0315-93412.563800-539-000-0000 ( 5,776.10) ST113358
Funds are available in capital improvement project 315-93412, City-wide
Seawall Replacement, to fund this change order.
Staff was requested to confirm if the seawall at the Habitat for Humanity home
has been replaced.
7.2
Declare surplus for the purpose of a land swap, three parcels of certain real property
in Section 16, Township 29 South, Range 15 East, formerly used respectively as
right-of-way, a meeting facility as a part of old Fire Station 45, and a parking lot
consisting of 9 parking spaces adjacent to the North Garden Avenue Parking Garage;
exchange the three surplus lots for a strategic parcel in the downtown, which is of
greater value, by the Church of Scientology Flag Service Organization, Inc. (COS) and
authorize the appropriate officials to execute same. (consent)
The City is the owner of three parcels of land more particularly described as:
600 Franklin Street - The South 60’ of Lot 1, Block 7, Gould & Ewing’s
1st and 2nd Addition to Clearwater-Harbor Fla, Plat Book 1, Page 52,
Public Records of Hillsborough County, of which Pinellas County was
formerly a part.
Dedicated Right-of-Way - a portion of Lot 34 and a portion of the
vacated Haven Street, Court Square Subdivision, Plat Book 5, Page 53,
Public Records of Pinellas County, Florida.
The North 37’ of the West 121’ of the South half of Lot 1, Block 5, of
Gould & Ewing’s 1st and 2nd Addition to Clearwater-Harbor Fla., Plat
Book 1, Page 52, of the Public Records of Hillsborough County, Florida,
of which Pinellas County was formerly a part.
The Right-of-Way parcel is located on the north side of Court Street,
in-between S Garden Avenue and S Fort Harrison Avenue, and contains
right-of-way dedicated as Haven Street by plat and right-of-way dedicated by
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ordinance over city-owned property.
The Haven Street portion of the Right-of-way parcel was dedicated by plat in
Plat Book 5, Page 53, Official Records of Pinellas County, Florida in 1922, and
will join the adjacent fee-owned lots by operation of law upon vacation. The
right-of-way dedicated over city-owned Lots 34 and 45 of Court Square
Subdivision by Resolution No. 79-50 in Official Records Book 4867, Page
1478, will remain in city ownership to be conveyed as part of the swap.
Following the vacation of the Right-of-way parcel, the remaining city-owned
property will be approximately 4,750 S.F. The appraised value of said land has
been determined by James Millspaugh & Associates, Inc, to be $200,000.
The second city-owned parcel is located at 600 Franklin Street, and formerly
housed a building that was used as a fire hall meeting/headquarters for
Clearwater Fire Department as a part of old Fire Station 45. The property is
approximately 3,660 S.F. and the appraised value of the parcel has been
determined by James Millspaugh & Associates, Inc, to be $155,000.
The third parcel is located at 28 North Garden Avenue and is known as the
City of Clearwater’s North Garden Avenue Parking Lot. This lot abuts
Watterson Avenue to the west, and is in between Cleveland Street and
Hendricks Street. This parking lot is roughly 4,500 S.F. and includes 9 parking
spaces, open to the public. The rate at this lot is $0.50 an hour with a
maximum time limit of 2 hours. The appraised value of this property, as
determined by James Millspaugh & Associates, Inc, is $70,000.
The property owned by COS, to be exchanged to the city is a paved parking lot
in disrepair at the southwest corner of Martin Luther King Jr Avenue and
Cleveland Street, Parcel ID# 15-29-15-53928-0005-0011. The COS parcel is
currently owned by 1133 Cleveland Properties, LLC. The Church of
Scientology Flag Services Organization, Inc. is under contract to purchase this
property as a pre-requisite to the land swap. The appraised value of this
property, as determined by James Millspaugh & Associates, Inc, is $600,000.
With the Nolen apartment complex and accompanying amenities in the
finishing stages, the COS property is a strategic parcel that will provide parking
in the immediate area.
Per City Charter Section 2.01(d)(5)(iv), real property declared surplus may be
exchanged for other real property having a comparable appraised value.
Engineering Director Mike Quillen said staff has looked at all three parcels to
be declared surplus. Two years ago, staff considered different locations for
a new city hall site, which included the old fire station 45 site. If the retention
pond site is surplused, moving the pond further east would eliminate parking
spaces or cause the new city hall site to go up another story higher. The pond
site is not buildable without extensive engineering due to the underground
utilities (i.e., water, sewer, reclaimed water, gas, and private utilities, etc.),
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Council Work Session Meeting Minutes June 12, 2017
which would need to be relocated. Mr. Quillen said staff has seen an increased
demand for downtown parking. Bank of America tenants are placing a lot of
pressure on the Garden Avenue parking garage.
Staff was directed to provide information regarding the structural integrity of
the parking garage.
7.3
Approve the request from City of Clearwater staff to vacate a portion of Public
Right-of-Way of Haven Street and real property dedicated as Right-of-Way in Official
Records 4867, Page 1478; pass Ordinance 7049-17 on first reading and authorize the
appropriate officials to execute same. (VAC2017-07)
As a pre-requisite to a land swap between the City of Clearwater and the
Church of Scientology Flag Service Organization, Inc. (COS), it is necessary to
vacate Haven Street and real property that was dedicated as Right-of-Way in
Official Records 4867, Page 1478.
This land swap, which is outlined in more depth in the contract’s agenda item,
will exchange three city owned and surplus properties for a strategic property
owned by the COS.
In order to support existing utilities, the City will retain a blanket general utility,
drainage and gas easement over the entire premises to be vacated.
Easements will need to be retained by private utility companies, to sustain their
current utilities, as well.
All city departments have reviewed this vacation and have no objection.
7.4
Approve the Contract for Exchange of certain real property owned by the City of
Clearwater for a parcel in downtown which is of greater value, by the Church of
Scientology Flag Service Organization, Inc. (COS) and authorize the appropriate
officials to execute same. (consent)
There will be need for public parking once the Nolen Project and
accompanying amenities are completed in the near future. The property at the
southwest corner of Cleveland Street and S Martin Luther King Jr. Avenue
abuts this new construction and will provide the needed parking. This property
is to be exchanged, to the City, by the COS. COS is under contract to
purchase this property, as a pre-requisite to the land swap, from the current
owner, 1133 Cleveland Street Properties, LLC. This property appraised at
$600,000 by James Millspaugh & Associates, Inc.
For this COS property, the City of Clearwater will exchange three parcels of
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land more particularly described as:
600 Franklin Street - The South 60’ of Lot 1, Block 7, Gould & Ewing’s 1st and
2nd Addition to Clearwater-Harbor Fla, Plat Book 1, Page 52, Public Records
of Hillsborough County, of which Pinellas County was formerly a part.
Dedicated Right-of-Way - a portion of Lot 34 and a portion of the vacated
Haven Street, Court Square Subdivision, Plat Book 5, Page 53, Public Records
of Pinellas County, Florida.
The North 37’ of the West 121’ of the South half of Lot 1, Block 5, of Gould &
Ewing’s 1st and 2nd Addition to Clearwater-Harbor Fla., Plat Book 1, Page 52,
of the Public Records of Hillsborough County, Florida, of which Pinellas County
was formerly a part.
The Right-of-Way parcel is located on the north side of Court Street, between
S Garden Avenue and S Fort Harrison Avenue, and contains Right-of-Way
dedicated as Haven Street by plat and Right-of-Way dedicated by ordinance
over City-owned property.
The Haven Street portion of the Right-of-Way parcel was dedicated by plat in
Plat Book 5, Page 53, Official Records of Pinellas County, Florida in 1922, and
will join the adjacent fee-owned lots by operation of law upon vacation. The
Right-of-Way dedicated over City-owned Lots 34 and 45 of Court Square
Subdivision by Resolution No. 79-50 in Official Records Book 4867, Page
1478, will remain in City ownership to be conveyed as part of the swap.
Following the vacation of the Right-of-Way parcel, the remaining City-owned
property will be approximately 4,750 S.F. The appraised value of said land has
been determined by James Millspaugh & Associates, Inc, to be $200,000.
The second City-owned parcel is located at 600 Franklin Street, and is apart of
old Fire Station 45. The property is approximately 3,660 S.F. and the appraised
value of the parcel has been determined by James Millspaugh & Associates,
Inc, to be $155,000.
The third parcel is located at 28 North Garden Avenue and is known as the
City of Clearwater’s North Garden Avenue Parking Lot. This lot abuts
Watterson Avenue to the east, and is between Cleveland Street and Hendricks
Street. This parking lot is roughly 4,500 S.F. and includes 9 parking spaces,
open to the public. The rate at this lot is $0.50 an hour with a maximum time
limit of 2 hours. The appraised value of this property, as determined by James
Millspaugh & Associates, Inc, is $70,000.
This contract is contingent upon four pre-requisites. The first being the
declaration of surplus of these three City owned parcels. The second
pre-requisite is the vacation of Haven Street, along with real property dedicated
as Right-of-Way in Official Records 4867, Page 1478, of the Public Records of
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Council Work Session Meeting Minutes June 12, 2017
Pinellas County, Florida. The third, being the acquisition of the COS Property
by the COS, prior to closing. The fourth contingency is the City being granted
adequate access to the COS Property in accordance with the timeframes
contemplated for purposes of conducting inspections and investigations,
including environmental investigations. If any of these pre-requisite items fail to
come to fruition, this contract will be null and void.
Staff was directed to take Item 7.4 off the Consent Agenda.
8. Library
8.1
Approve Williamson Dacar Associates of Clearwater, Florida as the Architect of
Record (AOR) to complete a feasibility study to enhance and/or repurpose areas of
the Main Library to coordinate with modifications to Coachman Park as an element of
Imagine Clearwater. (consent)
March 29, 2017, letters were sent to the City’s AOR’s to determine firms that
would be interested in completing a feasibility study for enhancement and/or
repurposing areas of the Main Library as identified in the Imagine Clearwater
Master Plan.
Four firms responded and oral presentations to the City’s selection committee
were completed on May 25, 2017. The committee, consisting of the Assistant
City Manager, the Library Director and the Assistant Directors of Planning and
Development and Engineering, recommends Williamson Dacar for the study.
This recommendation is based upon the proposed study approach, experience
and capabilities of the firm and qualifications of personnel.
If the cost for the study exceeds the $100,000 threshold, the Work Order will
be presented for approval.
In response to questions, Library Director Jennifer Obermaier said the firm
has been in business for thirty years. The firm has experience with academic
libraries, activating public and pedestrian spaces, waterfront space planning
and food service design. Engineering Assistant Director Scott Rice said the
firm has been an architect of record for more than five years; until now, the City
had not had the right project for them. According to their presentation, the firm
has three library projects underway. Mr. Williamson is a structural engineer as
well.
The Council recessed from 2:54 p.m. to 3:00 p.m.
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9. Planning
9.1
Withdraw a Zoning Atlas Amendment from the Low Medium Density Residential
(LMDR) District to the Medium Density Residential (MDR) District for 301, 302, 303,
309, 310 and 311 Cedar Street; and withdraw Ordinance 9028-17 on first reading.
(REZ2017-02002)
At their May 16, 2017 meeting, the Community Development Board (CDB)
continued the public hearing of this item to June 20, 2017 at the applicant’s
request. On May 22, 2017, the applicant withdrew the application for a Zoning
Atlas amendment.
9.2
Approve the annexation, initial Future Land Use Map designation of Residential Urban
(RU) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR)
District for 3059 Cherry Lane and pass Ordinances 9033-17, 9034-17 and 9035-17 on
first reading. (ANX2017-04007)
This voluntary annexation petition involves a 0.23-acre property consisting of
one parcel of land occupied by a single family home. The parcel is located on
the south side of Cherry Lane approximately 275 feet west of McMullen Booth
Road. The applicants are requesting annexation in order to receive solid waste
and sanitary sewer service from the City. The property is located within an
enclave and is contiguous to existing city limits to the north, west, and south. It
is proposed that the property be assigned a Future Land Use Map designation
of Residential Urban (RU) and a Zoning Atlas designation of Low Medium
Density Residential (LMDR).
The Planning and Development Department determined that the proposed
annexation is consistent with the provisions of Clearwater Community
Development Code Section 4-604.E as follows:
The property currently receives water service from the City. Collection
of solid waste will be provided to the property by the City. The closest
sanitary sewer line is located in the adjacent Cherry Lane right-of-way.
The applicants understand that the sewer impact and assessment fees
must be paid in full prior to connection and are aware of the additional
costs to extend city sewer service to this property. The property is
located within Police District III and service will be administered through
the district headquarters located at 2851 N. McMullen Booth Road. Fire
and emergency medical services will be provided to this property by
Station 49 located at 565 Sky Harbor Drive. The City has adequate
capacity to serve this property with sanitary sewer, solid waste, police,
fire and EMS service. The proposed annexation will not have an
adverse effect on public facilities and their levels of service; and
The proposed annexation is consistent with and promotes the following
objectives and policy of the Clearwater Comprehensive Plan:
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Objective A.6.4 Due to the built-out character of the City of
Clearwater, compact urban development within the urban
service area shall be promoted through application of the
Clearwater Community Development Code.
Objective A.7.2 Diversify and expand the City’s tax base through
the annexation of a variety of land uses located within the
Clearwater Planning Area.
Policy A.7.2.3 Continue to process voluntary annexations for
single-family residential properties upon request.
The proposed Residential Urban (RU) Future Land Use Map category
is consistent with the current Countywide Plan designation of this
property. This designation primarily permits residential uses at a
density of 7.5 units per acre. The proposed zoning district to be
assigned to the property is Low Medium Density Residential (LMDR).
The use of the subject property is consistent with the uses allowed in
the District and the property exceeds the District’s minimum
dimensional requirements. The proposed annexation is therefore
consistent with the Countywide Plan and the City’s Comprehensive
Plan and Community Development Code; and
The property proposed for annexation is contiguous to existing city
limits to the north, west, and south; therefore, the annexation is
consistent with Florida Statutes Chapter 171.044.
APPROPRIATION CODE AND AMOUNT: N/A
USE OF RESERVE FUNDS: N/A
In response to questions, Planner Kyle Brotherton said the item before Council
is not part of the Kapok Terrace project. The applicant did not indicate reason
for annexation request.
9.3
Approve the annexation, initial Future Land Use Map designation of Residential Low
(RL) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR)
District for an unaddressed parcel located on the south side of Otten Street,
approximately 330 feet west of North Highland Avenue, and pass Ordinances
9036-17, 9037-17 and 9038-17 on first reading. (ANX2017-04008)
This voluntary annexation petition involves a 0.163-acre property consisting of
one parcel of land which is currently vacant. The parcel is located on the south
side of Otten Street, approximately 330 feet west of Highland Avenue. The
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Council Work Session Meeting Minutes June 12, 2017
applicant is requesting annexation in order to receive solid waste, sanitary
sewer, and water service from the City. The applicant intends to build a single
family home on the property; however, no site plans have been submitted. The
property is located within an enclave and is contiguous to existing city limits to
the north, west, and east. It is proposed that the property 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
annexation is consistent with the provisions of Clearwater Community
Development Code Section 4-604.E as follows:
Collection of solid waste will be provided to the property by the City.
The closest sanitary sewer and potable water lines are located in the
adjacent Otten Street right-of-way. The applicant understands that the
sewer and water impact and assessment fees must be paid in full prior
to connection, and is aware of the additional costs to extend City sewer
and water service to this property. The property is located within Police
District II and service will be administered through the district
headquarters located at 645 Pierce Street. Fire and emergency medical
services will be provided to this property by Station 51 located at 1720
Overbrook Avenue. The City has adequate capacity to serve this
property with sanitary sewer, solid waste, water, police, fire and EMS
service. The proposed annexation will not have an adverse effect on
public facilities and their levels of service; and
The proposed annexation is consistent with and promotes the following
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 this
property. This designation primarily permits residential uses at a
density of 5 units per acre. The proposed zoning district to be assigned
to the property is Low Medium Density Residential (LMDR). The use of
the subject property is consistent with the uses allowed in the District
and the property exceeds the District’s minimum dimensional
requirements. The proposed annexation is therefore consistent with the
Countywide Plan and the City’s Comprehensive Plan and Community
Development Code; and
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Council Work Session Meeting Minutes June 12, 2017
The property proposed for annexation is contiguous to existing city
limits to the north, west, and east; therefore, the annexation is
consistent with Florida Statutes Chapter 171.044.
9.4
Approve the annexation, initial Future Land Use Map designation of Residential Low
(RL) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR)
District for 3035 Hoyt Avenue and pass Ordinances 9039-17, 9040-17, and 9041-17
on first reading. (ANX2017-04009)
This voluntary annexation petition involves a 0.21-acre property consisting of
one parcel of land occupied by a single-family dwelling. The property is
located on the southeast corner of Hoyt Avenue and Moss Avenue
approximately 650 feet west of N McMullen Booth Road. The applicants are
requesting annexation in order to receive sanitary sewer and solid waste
service from the City and will be connected to the city sanitary sewer as part of
the Kapok Terrace Sanitary Sewer System Extension Project. The property is
located within an enclave and is contiguous to existing city boundaries on the
south and west. It is proposed that the property 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
annexation is consistent with the provisions of Community Development Code
Section 4-604.E as follows:
The property currently receives water service from the City of
Clearwater. Collection of solid waste will be provided to the property by
the City. The applicants will connect to the City’s sanitary sewer service
when it is available, and are aware of the fee that must be paid in order
to connect and the financial incentives available. The property is
located within Police District III and service will be administered through
the district headquarters located at 2851 N. McMullen Booth Road. Fire
and emergency medical services will be provided to the property by
Station 49 located at 565 Sky Harbor Drive. The City has adequate
capacity to serve the property with sanitary sewer, solid waste, police,
fire and EMS service. The proposed annexation will not have an
adverse effect on public facilities and their levels of service; and
The proposed annexation is consistent with and promotes the following
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.
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Council Work Session Meeting Minutes June 12, 2017
Objective A.7.2 Diversify and expand the City’s tax base through
the annexation of a variety of land uses located within the
Clearwater Planning Area.
Policy A.7.2.3 Continue to process voluntary annexations for
single-family residential properties upon request.
The proposed Residential Low (RL) Future Land Use Map category is
consistent with the current Countywide Plan designation of this
property. This designation primarily permits residential uses at a
density of 5 units per acre. The proposed zoning district to be assigned
to the property is the Low Medium Density Residential (LMDR) District.
The use of the subject property is consistent with the uses allowed in
the District and the property exceeds the District’s minimum
dimensional requirements. The proposed annexation is therefore
consistent with the Countywide Plan and the City’s Comprehensive
Plan and Community Development Code; and
The property proposed for annexation is contiguous to existing city
boundaries on the south and west; therefore the annexation is
consistent with Florida Statutes Chapter 171.044.
9.5
Provide direction on the proposed Development Agreement between Gulfview
Lodging, LLP (the property owner) and the City of Clearwater, providing for the
allocation of 59 units from the Hotel Density Reserve under Beach by Design and
confirm a second public hearing in City Council Chambers before City Council on July
20, 2017 at 6:00 p.m., or as soon thereafter as may be heard. (HDA2017-04001)
Site Location and Existing Conditions:
The 0.59-acre “L”-shaped site is located at the northeast corner of South
Gulfview Boulevard and Fifth Street and wraps around the McDonald’s parking
lot and Frenchy’s Beach Café to the west. The property is comprised of two
parcels with a frontage of approximately 60 feet along South Gulfview
Boulevard (Beach Walk), 210 feet along Fifth Street and 165 feet along
Coronado Drive. The south parcel is 0.36 acres and is occupied by a five-story
32-unit hotel where the site would otherwise be permitted 18 units (the site is
over-dense by 14 units). This lot area includes 2,195 square feet of the South
Gulfview Boulevard right-of-way which would need to be vacated by the City.
The north parcel is 0.23 acres and is occupied by a 3,220 sq. ft. Mixed Use
with 2,240 sq. ft. of office space and 980 sq. ft. dedicated to a single dwelling
unit. This parcel was the subject of a Level II Flexible Development application
approved by the Community Development Board on November 19, 2013. 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.
Vehicular access to the site is provided via two curb cuts along Coronado Drive
and a drop curb along most of the length of the south side of the site along
Fifth Street. Parking for the hotel is currently provided under the hotel building
and parking spaces which exist at least partially if not entirely within and back
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Council Work Session Meeting Minutes June 12, 2017
out into the Fifth Street right-of-way. A parking lot services the mixed use
building on the north portion of the site.
The immediate area is characterized by a variety of uses including overnight
accommodation, retail, outdoor recreation/entertainment, restaurant and
attached dwelling uses. A portion of Beach Walk runs along the west side of
the site adjacent to the existing hotel.
Development Proposal:
The current proposal is to demolish all structures on the site and build a single
seven-floor hotel with 88 hotel rooms (150 units per acre). It is important to
note that the proposed number of units (88) is dependent on the vacation of
2,195 sq. ft. of the South Gulfview Boulevard. This point is noted in Section
6.2.4 of the Development Agreement. This area is included in the total site
area of 0.59 acres.
The applicant intends to request a Termination of Status of Nonconformity as
part of a Level II Flexible Development application. Approval of that application
(not yet submitted) would render the 32 existing units on the hotel parcel
(where 18 are otherwise permitted at 50 units per acre) conforming. The north
parcel yields 11 hotel units. Assuming approval of a Termination of Status of
Nonconformity request the total permitted number of permitted units would be
43. The 88 total proposed units include those 43 units and an additional 45
units from the Hotel Density Reserve through Beach by Design. The applicant
is requesting 59 units from the Reserve in the event a Termination of Status of
Nonconformity is either not requested or denied in order to maintain the
designed density of 150 units per acre or 88 units.
The building will be 95 feet (from Base Flood Elevation) to roof with the parking
on the first two floors (Sheets A2_1 and 2). The proposal includes a tropical
modern architecture, which is consistent with and complements the tropical
vernacular envisioned in Beach by Design.
The site will be accessed via a two driveways from Fifth Street with one at the
southwest corner of the site and a second driveway located at the southeast
corner. The primary entrance and lobby of the building will be located at the
southwest corner of the building on the third floor (Sheet A2_3).
As noted, the first (ground) and second floors of the building will contain all 106
required parking spaces as well as mechanical room and solid waste
components. All of the provided parking spaces will be valet-only. The third
floor will contain, assorted offices, meeting rooms and back-of-house uses as
well as 10 hotel units. The fourth and fifth floors will contain 20 rooms each.
The sixth and seventh floors will contain 19 rooms each. The roof will contain a
small bar, pool and lounge area along the Fifth Street side of the building.
The design takes advantage of the site’s proximity to Beach Walk and includes
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Council Work Session Meeting Minutes June 12, 2017
an outdoor seating area/café along the west side of the site. A sheltered
bicycle rack is also located along the west side of the building and a pedestrian
entrance connects directly to Beach Walk.
Consistency with the Community Development Code (CDC):
Minimum Lot Area and Width:
The subject property is 25,700 sq. ft. in area and approximately 200 feet wide.
The proposed lot area and width are consistent with Level I Flexible Standard
Development parameters pursuant to CDC Section 2-802.
Minimum Setbacks:
The conceptual site plan depicts setbacks to building of zero feet along Beach
Walk (west), 15 feet along the front (east) along Coronado Drive, 12 feet along
the front (south) along Fifth Street, five feet along the side (north - along the
south side of Frenchy’s) and ten feet along all other remaining sides of the site.
The conceptual site plan also shows setbacks of zero feet to paving along Fifth
Street and to paving along a portion of the north property line along the south
side of Frenchy’s. The proposed setbacks may be approved as part of a Level
II Flexible Development application, subject to meeting the applicable flexibility
criteria of the Community Development Code.
Maximum Height:
Section A.1.c of the Beach Walk District within Beach by Design specifically
addresses height. The proposal provides for a building 95 feet in height as
measured from BFE where a height of up to 100 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 88-room overnight accommodation use requires a minimum of 106
off-street parking spaces. A parking garage located on the first two levels of
the building will provide a minimum of 106 valet-only 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. 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
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City of Clearwater
Council Work Session Meeting Minutes June 12, 2017
part of a Comprehensive Landscape Program which would be reviewed at time
of formal site plan approval.
Consistency with :
Beach by Design
Design Guidelines:
A review of the provided architectural elevations and massing study was
conducted and the proposed building does appear to be generally consistent
with the applicable Design Guidelines established in Beach by Design. It is
noted, however, that a more formal review of these Guidelines will need to be
conducted as part of the final site plan approval process.
Hotel Density Reserve:
The project has been reviewed for compliance with those criteria established
within Beach by Design concerning the allocation of hotel rooms from the
Reserve. The project appears to be generally consistent with those criteria,
including that the development comply with the Metropolitan Planning
Organization’s (MPO) countywide approach to the application of traffic
concurrency management for transportation facilities. The submitted Traffic
Impact Study concludes that traffic operations at nearby intersections and on
adjacent roadways would continue at acceptable levels of service.
Standards for Development Agreements:
The proposal is in compliance with the standards for development agreements,
is consistent with the Comprehensive Plan and furthers the vision of beach
redevelopment set forth in Beach by Design. The proposed Development
Agreement will be in effect for a period not to exceed ten years, meets the
criteria for the allocation of rooms from the Hotel Density Reserve under Beach
by Design and includes the following main provisions:
Provides for the allocation of up to 59 units from the Hotel Density Reserve
or a maximum density of 150 units per acre;
Requires the developer to obtain building permits and certificates of
occupancy in accordance with Community Development Code (CDC)
Section 4-407;
Requires the return of any hotel unit obtained from the Hotel Density
Reserve that is not constructed;
For units allocated from the Hotel Density Reserve, prohibits the
conversion of any hotel unit to a residential use and requires the recording
of a covenant restricting use of such hotel units to overnight
accommodation usage; and
Requires a legally enforceable mandatory evacuation/closure covenant that
the hotel will be closed as soon as practicable after a hurricane watch that
includes Clearwater Beach is posted by the National Hurricane Center.
Changes to Development Agreements:
Pursuant to Section 4-606.I, CDC, a Development Agreement may be
amended by mutual consent of the parties, provided the notice and public
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City of Clearwater
Council Work Session Meeting Minutes June 12, 2017
hearing requirements of Section 4-206 are followed. Revisions to conceptual
site plans and/or architectural elevations attached as exhibits to the
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, Planner Mark Parry said the Applicant would
maintain 7-ft. sidewalks along Coronado Drive, which is consistent with
previously approved projects that have frontage on Coronado Drive.
Staff supports maintaining consistent sidewalk width. Deputy City Manager Jill
Silverboard said the sidewalks along Coronado Drive are 7 ft. wide. Parks and
Recreation Director Kevin Dunbar said the sidewalk in front of the Pier 60
Hotel is 8 ft. wide; the palm trees were removed and pavers were installed to
address pedestrian traffic. Mr. Parry said the double-stacked parking is
permitted since the hotel will only offer valet parking. There are two spaces to
accommodate the handicap or oversized handicap vehicles that cannot be
valeted. Mr. Parry said the amenities include office space, meeting room
area and a full-service check-in/lobby area. The dining room area would be
limited to guests and serve only continental breakfast. The proposed limited
service hotel is consistent with other similar projects that received density
units. The criteria for granting a termination of status of non-conformity
includes removing all non-conforming accessory structures, removing all
non-conforming signage, and bringing landscape up to code. The City
Attorney said the City Council does not grant the termination of status of
non-conformity. Mr. Parry said the development agreement includes the
contingencies for the termination of status of non-conformity.
A scrivener's error was cited on the submitted diagrams, which noted two sixth
floors in error.
In response to questions, Mr. Parry said this would be the second time a
termination of status of non-conformity has been done through the
development agreement process. The City Attorney said it was also done with
Patel and Hyatt; it is commonly done with the resort units. Planning and
Development Director Michael Delk said the transportation numbers included
in Beach by Design factored in the existing hotel rooms, development potential
and vehicular trips.
9.6
Approve amendments to the Community Development Code relating to signage and
pass Ordinance 9029-17 on first reading. (TA2017-03005)
In 2015, the United States Supreme Court issued a decision in Reed v. Town
of Gilbert, Ariz., - U.S.-, 135 S. Ct. 2218 (2015), which requires temporary
signs to be regulated in a content-neutral manner. This ruling requires
amendments to the Clearwater Community Development Code as temporary
signs are currently regulated by sign message. The Court also confirmed the
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Council Work Session Meeting Minutes June 12, 2017
decision in Walker v. Texas Division, Sons of Confederate Veterans, Inc. 135,
S. Ct. 2239 (21015) which essentially exempts government speech from 1st
Amendment scrutiny. Additionally, in 2016, City Council discussed their
desires to consider expanding uses eligible for electronic changeable message
signs.
Proposed Ordinance 9029-17 implements recommendations by the City’s
outside legal counsel regarding temporary signs, government signs and
electronic changeable message signs, as well as limited amendments
generated by the Planning and Development Department. Below is a
summary of the substantive amendments included in the ordinance.
Deletes existing temporary sign regulations and replaces them with two
new tables in Section 3-1806 (one for sidewalks signs and one for all
other temporary signs). Retains existing regulations for sidewalk signs
but presents them in a new format and provides new standards (size,
height, location, etc.) for the all other temporary signs.
Exempts government signs from the sign regulations.
Reorganizes existing provisions regulating electronic changeable
message signs, allows schools and places of worship to incorporate
them in freestanding signs and establishes design criteria for all such
signs.
Revises flag provisions.
Creates limited flexibility for the required setback for freestanding signs.
Adds requirement for street address signs.
Adds general sign maintenance provisions.
Increases allowable sign area for schools.
The Community Development Board (CDB) reviewed proposed Ordinance
9029-17 at its May 16, 2017 meeting and unanimously recommended
approval.
In response to questions, Planning and Development Assistant Director Gina
Clayton said the design requirements for electronic signs would not allow a
gap; the electronic message sign can not be separated from the overall sign.
The reader board must be integrated into the larger sign.
Discussion ensued regarding electronic message signs with support
expressed to allow the message boards change in increments of 5 to 10
minutes. There was consensus to allow the electronic message signs to
change every ten minutes.
In response to a question, Ms. Clayton said the proposed change would apply
to facilities or venues 2,000 seats, menu boards, fuel price signs, churches
and schools.
It was stated that a motion to amend will be provided at the council meeting.
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In response to a question, Mr. Delk said staff would recommend proposing
changes related to the brightness of architectural lighting through building
lighting regulations, not signage lighting.
The City Manager said enforcement of signage dwell time (frequency of
change of electronic message signs) will be complaint driven.
9.7
Approve Amendment 1 to an agreement between the City of Clearwater (the City)
and the Florida Department of Economic Opportunity, for a Community Planning
Technical Assistance Grant to prepare Comprehensive Plan amendments to address
the Peril of Flood requirements in Florida Statutes, to amend Deliverable 2 within the
Scope of Work to establish that the City will present proposed comprehensive plan
amendments to the Community Development Board (local planning agency) for
recommendation by June 23, 2017, and authorize the appropriate officials to execute
same. (consent)
On January 19, 2017, City Council authorized the execution of an agreement
between the City and the Florida Department of Economic Opportunity (DEO)
to receive a Community Planning Technical Assistance Grant in the amount of
$20,000 to prepare Comprehensive Plan amendments to address the “Peril of
Flood” requirements in Florida Statutes.
The original scope of work (Attachment 1 of the Agreement), which DEO
originally drafted in Fall 2016, called for the City to hold a transmittal public
hearing (City Council First Reading) by June 23, 2017, which is the end of the
State’s fiscal year. However, it took several months for DEO to complete its
internal review of the Agreement, thereby delaying the timing for City approval
and project initiation by the City’s consultant, HDR Engineering, Inc. DEO has
since agreed that the City could meet their objective of holding a public hearing
before end of fiscal year by taking proposed Comprehensive Plan amendments
to the City’s local planning agency, the Community Development Board. This is
reflected in the attached amendment.
10. Information Technology
10.1
Approve License and Services Agreements to Microsoft, Inc. of Redmond, WA, and
Planet Technologies, Inc. of Germantown, MD for an amount not to exceed
$1,670,000.00 for cloud based office management software licensing, software
maintenance, and professional services, and authorize the appropriate officials to
execute same. (consent)
The City has used Microsoft’s Office Software since 1996 when it implemented
a wide-area network computing environment. Microsoft Office has become
one of the corporate standards for business management software and has
initiated a move to cloud based (hosted) software with MS Office 365. The City
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Council Work Session Meeting Minutes June 12, 2017
currently uses MS Office 2007 and has been since 2009.
Under the current software use model, the City owns individual MS Office
licenses and the software is loaded on individual computers (MS Word and MS
Excel), or is assigned to individual users (MS Exchange).
The terms of the new licensing model will require the City to pay an annual
subscription fee for each user and will include access to the MS Office Suite
products via the internet and include individual cloud based storage for each
user (ranging from 50 GB to unlimited storage per user).
The transition to cloud based services will provide the City with improved
backup of critical data stores, improved network security and virus protection,
improved access and device compatibility, among some of the benefits.
The cost for the initial licensing and migration will be $231,117.60.
Subscription services will remain fixed for 3 years and increase at a fixed rate
for years 4-6, for a total 6-year cost of $1,503,676.98.
The City will use Planet Technologies, Inc. to assist with the data conversion
and migration for an additional $87,885.10.
A total project contingency of approximately 5% ($78,437.92) will be included
for any additions to licensing needs, changes in user licensing requirements,
and professional services in support, maintenance and system administration.
Vendor selection is in accordance with Sec. 2.564(1) (d), Code of Ordinances -
Other government bid. The City will piggyback on the State of Florida Contract
# 43230000-15-02 Licensing Solutions Providers (LSP) of Microsoft Software
and Services. Microsoft licensing is offered from SHI International, Inc., of
Summerset, NJ, via State Contract # 43230000-15-02, and is the State’s sole
provider of Microsoft Licensing.
Planet Technologies, Inc. was also selected in accordance with Sec. 2.564(1)
(d), Code of Ordinances - Other government bid. The City will piggyback on
the General Services Administration (GSA) Contract # GS-35F-0360J.
APPROPRIATION CODE AND AMOUNT:
Funds are budgeted and available in Information Technology CIP Project
94830, MS Licensing & Upgrades for planned expenditures in the current fiscal
year. Expenditures for future fiscal years will be budgeted in the Information
Technology Admin Services budget.
11. Solid Waste
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Council Work Session Meeting Minutes June 12, 2017
11.1
Approve a proposal from Construction Manager at Risk Cathey Construction and
Development, LLC of Mexico Beach, FL, in the amount of $165,396.45 for
improvements to Municipal Services Building - Security Upgrades (CC-1704) and
authorize the appropriate officials to execute same. (consent)
The Municipal Services Building - Security Upgrade Project is a direct result of
needed improvements to provide a higher degree of security for the employees
working within the building.
The two areas being addressed are the Customer Service area and the main
lobby. The Customer Service area will receive new fixed impact resistant
smart glass windows with electronic two way communicators for direct
interaction with the public at all customer service stations, to include new case
work and counter tops with pass thru trays. In addition, the Customer Service
conference room will receive a new door to the main hallway to allow for
immediate egress of city staff.
The main lobby will have a new storefront glass wall with doors installed
directly behind the existing customer service counter to provide for controlled
access to the entire building. The main access door will have a card swipe
reader for employee access and the lobby counter will be equipped with a
manual door release switch. A Request for Proposals is currently in the works
to have the lobby desk manned during normal business hours by an outside
security company.
Work shall commence upon award and execution of the proposal and will be
completed 45 calendar days from start of job.
APPROPRIATION CODE AND AMOUNT:
315-94531-530300-519 $165,396.45
Funds are available in capital improvement project 315-94531 - MSB
Renovations, to fund this contract.
12. Customer Service
12.1
Approve a contract (purchase order) with Kubra Data Transfer Ltd (Kubra),
Mississauga, ON, to provide electronic bill presentment and payment services for the
City of Clearwater and authorize the appropriate officials to execute same. (consent)
For over ten years, the City has used a custom bill presentment and payment
solution developed by the Information Technology (IT) department for the
Utility Customer Service (UCS) department. It was developed to allow utility
customers to view and pay their bill electronically, as well as reduce the
postage/handling costs associated with mailing out paper bills by allowing
customers to elect for paperless billing. This payment solution interfaces with
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Council Work Session Meeting Minutes June 12, 2017
a third party payment processor; Western Union SpeedPay, which removes the
requirement for the City from needing to maintain PCI compliance. The
solution developed by the City’s IT was ready for modernization and an update,
which prompted the IT and UCS departments to search for and select a new
means of displaying the utility bill and processing payments.
In August 2016, Request for Proposals 43-16 was issued for Electronic Billing
Presentment and Payment Services. The selection committee shortlisted five
respondents and held interviews in November. Further research was
performed and discussions occurred with the two highest ranked companies -
Kubra and Invoice Cloud. The selection committee selected Kubra to provide
the required services for the City of Clearwater Utility Customer Service
Department.
The contract will commence on June 19, 2017. The initial term of the
Agreement will be for a period of thirty-six months, unless otherwise terminated
pursuant to the Agreement. Thereafter, the Agreement may be renewed for
two twenty-four-month renewal terms upon mutual written consent of the
parties.
Customers paying with Check or Credit/Debit Card will be charged a $1.95
convenience fee. Customers who prefer to pay in cash while at one of Kubra’s
participating retail stores located close to them will be charged $1.99.
Kubra offers:
Real-time payment option to reduce unnecessary service shutoffs due
to last-minute payments
Provide convenient locations for customers to make in-person cash
payments (Ace, 7-11, CVS, Family Dollar)
Pay-by-Text: Allows customers to complete payment transactions from
the convenience of their mobile device
Secure e-Mail Delivery & Payment; securely receive, review, and send
payment through their email
Automatic alerts to customers, reminding them to make payment
29% e-bill adoption or paperless billing expectation (current rate is
approximately 8%)
Adopting Kubra will exceed customer expectations by:
-
providing the timely information they need and the self-service tools
they want;
-
reduce current processing fees by 21%;
-
increase security protection for cardholders’ data.
Kubra will help to optimize operational efficiency with mailing cost estimate
reduction equal to 20% of the actual cost and maximize collections with the
latest payment technologies and communication channels
The contract has been reviewed and approved by the City Attorney and the
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Council Work Session Meeting Minutes June 12, 2017
Finance/Risk Department.
In response to questions, Customer Service Director Cynthia Boyd said a
convenience fee is charged if the customer pays their utility bill via the
website or phone. The convenience fee is not charged if bill payment is
received via mail. Currently, payments are processed via Western Union
speed pay, who charges a $2.45 convenience fee. Ms. Boyd said a
convenience fee is not charged if an electronic payment is scheduled through
the customer's banking institution.
13. Official Records and Legislative Services
13.1
Appoint Thomas Hinson, Jr. as the business owner or representative and Laura
Canary as the agency or government representative to the Brownfields Advisory
Board with terms expiring June 30, 2021. (consent)
APPOINTMENT WORKSHEET
Brownfields Advisory Board
BOARD:
TERM: 4 years
APPOINTED BY: City Council
FINANCIAL DISCLOSURE: Not Required
RESIDENCY REQUIREMENT: **
MEMBERS: 9
CHAIRPERSON: Ryley Jeanne Marchion - Chair
MEETING DATE: As Called
PLACE: Determined when called
2
APPTS. NEEDED:
STAFF LIAISON: Diane Hufford
SPECIAL QUALIFICATIONS
: ** Three members will be Clearwater residents
who live within or adjacent to the Brownfields Area; Three members will be
owners or representatives of businesses operating in the Brownfields area and
need not be residents of Clearwater; Three members will be representatives of
federal or state agencies or local governments involved with the Brownfields
remediation process within Pinellas County and need not be Clearwater
residents
THE FOLLOWING ADVISORY BOARD MEMBER’S TERMS HAVE EXPIRED
AND NOW REQUIRE REPLACEMENT BY A NEW APPOINTEE:
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Council Work Session Meeting Minutes June 12, 2017
Investor/Real
1. David Lawrence Jaye - 2856 Shady Oak Court, 33761 -
Estate
Original Appointment: 5/5/05
(serving 3rd term through 5/31/17)
(Business Owner or Rep.)
2. Ryley Jeanne Marchion - 10275 62nd Cir. N., Seminole, FL 33772 -
Environmental Specialist
Original Appointment: 5/5/05
(was serving 3rd term until 5/31/17)
(Agency or Government Rep.)
THE NAMES BELOW ARE BEING SUBMITTED FOR CONSIDERATION TO
FILL THE ABOVE VACANCIES:
Self Employ/Business
1. Thomas Hinson, Jr. - 1426 Fairmont St., 33755 -
Adm.
(Business Owner or Rep.)
CRA Coord./City of Clearwater
2. Laura Canary - 1985 Hyvue Dr., 33763 -
(Agency or Government Rep.)
Zip codes of current members:
3 at 33755
2 at 33756
1 at 33767
1 at 33773
Current Categories:
2 Agency or Government rep.
2 Business Owner or rep.
3 Residents
13.2
Appoint one member to the Library Board with a term to expire June 30, 2021.
APPOINTMENT WORKSHEET
Library Board
BOARD:
TERM: 4 years
APPOINTED BY: City Council
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Council Work Session Meeting Minutes June 12, 2017
FINANCIAL DISCLOSURE: Not Required
STAFF LIAISON: Library Director
RESIDENCY REQUIREMENT: City of Clearwater
SPECIAL QUALIFICATIONS: None
MEMBERS: 7
CHAIRPERSON: Paul F. Brown
MEETING DATES: Quarterly
PLACE: Main Library
1
APPTS. NEEDED:
THE FOLLOWING ADVISORY BOARD MEMBER HAS A TERM WHICH
EXPIRES AND NOW REQUIRES REAPPOINTMENT FOR A NEW TERM OR
REPLACEMENT BY A NEW APPOINTEE:
Retired/Dir. of
1. Rosemarie Kibitlewski - 1506 West Virginia Lane, 33759 -
Foundation
Original Appointment: 11/6/14
(2 absences in the last year)
(currently filling unexpired term until 6/30/17)
Yes
Interested in Reappointment:
THE NAMES BELOW ARE BEING SUBMITTED FOR CONSIDERATION TO
FILL THE ABOVE VACANCY:
Retired/Teacher
1. Donna M. Dennis - 223 Island Way #4B, 33767 -
Nurse Manager
2. Kelly McLeay - 1545 Drew St., 33755 -
Zip codes of current members on board:
3 at 33756
1 at 33759
1 at 33763
1 at 33765
1 at 33767
There was consensus to appoint Rosemarie Kibitlewski. Staff was directed to
place the agenda item on the Consent Agenda.
13.3
Appoint Ronald D. Mason to the Airpark Advisory Board with a term to expire April 30,
2021. (consent)
APPOINTMENT WORKSHEET
Airpark Advisory Board
BOARD:
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City of Clearwater
Council Work Session Meeting Minutes June 12, 2017
TERM: 4 Years
APPOINTED BY: City Council
FINANCIAL DISCLOSURE: Not required
RESIDENCY REQUIREMENT: City of Clearwater
SPECIAL QUALIFICATIONS: None
MEMBERS: 5
CHAIRPERSON: Denise L. Rosenberger
MEETING DATES: Quarterly (1st Wed.) - Feb., May, Aug., Nov.
PLACE: Chambers - 3 p.m.
1
APPOINTMENTS NEEDED:
THE FOLLOWING ADVISORY BOARD MEMBER ENDED HIS SECOND
TERM WHICH EXPIRED ON APRIL 4, 2017 AND NOW REQUIRES
REPLACEMENT BY A NEW APPOINTEE:
1. Thomas D. Black - 2855 Gulf to Bay Blvd., Apt. 1104, 33759 -
USAFR/Aviation Industry
Original Appointment: 03/05/09
(was serving 2nd term until 04/04/17)
THE NAME BELOW IS BEING SUBMITTED FOR CONSIDERATION TO FILL
THE ABOVE VACANCY:
1. Ronald D. Mason - 406 Feather Tree Drive, 33765
Semi-retired/Environmental Health and Safety Specialist
Zip codes of current members on board:
2 - 33755
1 - 33765
1 - 33767
13.4
Designate a Councilmember to serve as the City’s official voting delegate at the
Florida League of Cities’ Annual Conference, August 17-19, 2017.
The Florida League of Cities’ Annual Conference will be held at the World
Center Marriott, Orlando, Florida on August 17-19.
The League is asking each municipality to designate one official to be the
voting delegate at the Annual Business Session on Saturday, August 19 at
9:00 a.m. Election of League leadership and adoption of resolutions are
undertaken at the business meeting.
There was consensus to designate Mayor George Cretekos as the City’s
official voting delegate. Staff was directed to place the item on the Consent
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Council Work Session Meeting Minutes June 12, 2017
Agenda.
14. Legal
14.1
Continue 2nd reading of Ordinance 9029-17 to July 20, 2017: Approve amendments
to the Clearwater Community Development Code relating to signage. (TA2017-03005)
14.2
Continue second reading of Ordinance 9042-17 to a date uncertain: Approve an
amendment to the Community Development Code establishing a medical marijuana
treatment use and applicable criteria. (TA2017-01001)
14.3
Continue 2nd reading of Ordinance 7049-17 to July 20, 2017: Approve the request
from City of Clearwater staff to vacate a portion of Public Right-of-Way of Haven
Street and real property dedicated as Right-of-Way in Official Records 4867, Page
1478.
15. City Manager Verbal Reports – None.
16. City Attorney Verbal Reports – None.
17. Council Discussion Item
17.1
Transportation - Councilmember Jonson
1) Alternative transportation modes - ride sharing, autonomous
vehicles, elevated alternatives
2) Regional transportation impact on Clearwater economy -
Premium Transit Corridors Project
3) Beach access alternatives and SR 60 Corridor (Forward
Pinellas efforts)
Councilmember Jonson said there has been discussion in the news regarding
transportation priorities in the region and wanted to get Council feedback from
the Forward Pinellas list of priorities.
Mr. Jonson referenced a presentation from Jacobs Engineering Executive
Scott Pringle regarding premium transit feasibility plan and said the plan is
continuing to move forward. The corridor is being narrowed down then the
mode recommendation for that corridor will be narrowed down and then the
plan will be presented to the community in 2018. There was a concern raised
regarding when the community input should be received, before or after a fully
developed proposal. He said with Greenlight Pinellas, the specific
recommendation presented to the public was criticized. There is a
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Council Work Session Meeting Minutes June 12, 2017
transportation need in our area but that need has not been articulated to the
community. He raised the concern that the premium transit feasibility plan
should focus on the need in the community rather than the mode.
Mr. Jonson said there had been concerns raised regarding technology,
particularly on the 60 route and Forward Pinellas will be holding a technology
workshop in August.
17.2
Clearwater adoption of a resolution becoming a Purple Heart City - Councilmember
Jonson
Councilmember Jonson said at the Memorial Day celebration in Crest Lake
Park, there were references made to SR 60 being designated a Purple Heart
Trail. He said he had met a member of the Dunedin Purple Heart Chapter
who shared information regarding the process. It is not an application
process but simply a proclamation.
Discussion ensued with comments made that the Veteran’s Memorial needs
to be completed and that the smaller surrounding communities already have
the Purple Heart designation. It was said that State Representatives were
working on making SR60 a Purple Heart corridor and the city does a great job
recognizing and honoring the veteran’s.
There was no consensus to pursue a Purple Heart designation. No action
taken.
17.3
Code Enforcement Requested Additional Actions - Councilmember Jonson
i. Code enforcement
1. Accomplishments -
a. Major reduction in new dumping on
vacant lots together with established
procedure to post, remove material and
lien property owner for disposal cost.
b. Approval from FDEP to pick up and
properly dispose of illegally dumped
vehicle tires throughout the city.
c. Confirmation that the Code enforcement
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Council Work Session Meeting Minutes June 12, 2017
includes a program of some proactive
code enforcement in neighborhoods on
request or as part of City redevelopment
initiatives.
2. Requested additional actions
a. Initiate a pickup of abandoned TV’s
placed at the curb. If our Solid Waste will
pick up TV’s on appointment, it should be
possible to pick up at the curb if it is
abandoned there.
b. Promote cooperative code enforcement
as part of the neighborhood place making
manual.
c. Consider targeted proactive enforcement
of the following code issues
i. Inoperable vehicles - especially
vehicles on blocks or with flat tires
(Sec. 3-1503.B.6) \[Top 10\]
ii. Parking at random in front yard
(Sec. 3-1507.A.4) \[Grass Parking -
Top 10\]. Vehicle parking in front
yards beyond what is specifically
permitted by the code (on paved
or prepared parking surface or
adjacent to paved surface). In
most cities cars park on the street.
Councilmember Jonson provided an update to code enforcement activities the
city has made progress in. He provided photos of illegally parked vehicles in
residential neighborhoods. He referenced an issue from last year where
people where illegally dumping debris on vacant lots; the issue seems to have
been rectified. A process is now in place to notice the property owner of the
violation, remove the debris if no action is taken, then lien the property for the
cost of the pick-up and disposal. He said old televisions can be collected by
appointment so the abandoned material does not sit out curbside. He would
like to see more proactive enforcement in regards to inoperable vehicles and
grass parking.
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Council Work Session Meeting Minutes June 12, 2017
18. 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.
19. Closing Comments by Mayor – None.
20. Adjourn
The meeting adjourned at 4:32 p.m.
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City of Clearwater