02/12/2018 Council Work Session Meeting Minutes February 12, 2018
City of Clearwater
City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
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Meeting Minutes
Monday, February 12, 2018
1 :00 PM
Council Chambers
Council Work Session
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City of Clearwater
Council Work Session Meeting Minutes February 12, 2018
Roll Call
Present 5 - Mayor George N. Cretekos, Vice Mayor Hoyt Hamilton,
Councilmember Doreen Caudell (Arrived — 1:07 p.m.), 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
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 February Service Awards
Three service awards were presented to city employees.
The January/February Bimonthly Team Award was presented to the State
Road 54 Gas Main Repair Team: Mike Mailles, Marcos Toro, Yousef
Touray, Mark Jones, Rob Malick, Gregg Kunz, Mark Plyer, Allen Tucker,
Chris Brown, Kyle Cresci, Brandon Dragustine and Brandon Gonzalez.
2.2 Visit St. Petersburg Clearwater 2018 Besties Awards - Denise Sanderson, Director of
Economic Development & Housing
Ms. Sanderson presented Council with the 2018 Bestie Awards to Pier 60
with the Best Sunset Spot and Clearwater Beach with the Best Beach.
2.3 Comparative Analysis on Alternative Modes of Transportation - Camille Hebting,
Clearwater Ferry Services, Inc.
Clearwater Ferry Services representative Camille Hebting provided a
PowerPoint presentation.
In response to questions, Clearwater Ferry Services representative Trisha
Rodriguez said signage is the most helpful tool for increasing ridership.
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During last year's Spring Break campaign, many riders stated the electronic
signs directed them to the ferry. Ms. Hebting said awareness is also a
problem as many are not aware of a ferry service. Ms. Rodriguez said staff
has vetted the possibility of allowing passengers with a bike to proceed with
that service since the ferry is Coast Guard regulated as a passenger vessel.
Allowing bikes onboard would change the ferry service to a cargo vessel.
She said the Ferry is considering expanding services to Dunedin and
Belleair. Ms. Hebting said the employee ridership is approximately 2/3 of the
passengers to the Clearwater Marina and 1/3 to North Beach. The
employee ridership has been lower than expected, outreach efforts included
proposing an employee only service to beach hospitality facilities. The
employee-only service could not get the minimum commitment of 100
employees to start the service. She said the Wyndham Grand is the only
facility that came on line and told employees on-site parking would not be
available. Ms. Rodriguez said staff had discussed with former Marine &
Aviation Director Bill Morris regarding adding a south beach location, an
appropriate city-owned location has not been identified.
Ms. Rodriguez said the PSTA free ride campaign takes away from
Clearwater Ferry's financial and ridership potential and that all modes of
transportation to the beach should be considered equally. Many riders have
asked why ferry rides are not free since the other modes of transportation
are free. She requested consideration be given to allow Clearwater Ferry
the same signage provided to PSTA.
Deputy City Manager Jill Silverboard said the City's contribution to PSTA for
Spring Break services does not relate to the free fare campaign, the
$65,000-contribution will be used to offset the additional stops at the
Harborview Center and City Hall.
In response to questions, Public Communications Director Joelle Castelli
said the PSTA signs for the park and ride campaign will be the same as last
year and will state free ride. The park and ride program will begin on
Monday. The City Manager said staff would review the Ferry's request for
additional signage to determine if it impacts the city's signage restrictions.
Council recessed from 1:48 p.m. to 2:33 to meet as the Community
Redevelopment Agency and Pension Trustees.
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3. Parks and Recreation
3.1 Annual Wellness Report (WSO) - Regina Novak, Health &Well-Being Specialist, Parks &
Rec
Ms. Novak provided a PowerPoint presentation.
Councilmember Cundiff departed chambers at 2:34 p.m. and returned at
2:38 p.m.
4. Engineering
4.1 Approve a Revocable License Agreement between the City of Clearwater and Jolley
Trolley Transportation of Clearwater Incorporated, for the exclusive use of city-owned
property at 115 South Martin Luther King Jr Avenue and authorize the appropriate
officials to execute same. (consent)
Jolley Trolley has requested the use of 115 South Martin Luther King Jr Avenue
from the execution date of this agreement through September 30, 2018, at no
cost, for the sole purpose of parking trolleys. Jolley Trolley, at their expense, will
be allowed to fence the property for security purposes.
The City acquired this, roughly 28,000 sq. ft., property in October of 2003. This
parcel was a part of the former Clearwater Automotive site. This License
Agreement does not grant Jolley Trolley the occupation or use of the,
approximately 13,000 sq. ft., warehouse structure that is located on the
property.
In response to questions, Real Estate Services Coordinator James Benwell
said the security fence to be installed must comply with city code. Assistant
City Manager Micah Maxwell said the fence would have to go through the
permitting process. Deputy City Manager Jill Silverboard said security fence
will be a chain link fence due to the temporary nature. Mr. Benwell said the
fencing will be located around the surface parking area, which is on the west
and south side. Mr. Maxwell said the surface parking area is the only area
the Trolley will be able to use. Staff is not anticipating the lease going any
longer than September. Since the Jolley Trolley requested the fencing to
enhance their security, the City has no issue allowing the trolleys on site
without a fence. He said the building is not accessible for vehicles.
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The City Manager said it appears the City needs to provide Jolley Trolley a
way to store the trolleys. The need was met when they were stored at the
Gas Complex, which is no longer available. Staff is evaluating a short-term
and long-term options. The City Attorney said the City does not have a legal
obligation to provide Jolley Trolley a storage location. Deputy City Manager
Jill Silverboard said Jolley Trolley would continue to occupy the city facility
adjacent to the Gas Complex, 410 N. Myrtle Avenue, for fleet storage and
office space.
In response to questions, Ms. Silverboard said Jolley Trolley has not
approached other agencies regarding potential storage location sites. The
City does not have many locations that are appropriately zoned for this
particular use, city code does not allow outdoor storage or vehicle repair and
maintenance in Downtown. Mr. Maxwell said the current agreement includes
an extension provision, a renewal would be considered later in the year.
The Council recessed from 2:59 p.m. to 3:10 p.m.
5. Fire Department
5.1 Approve the agreement between Phillies Florida LLC and the City of Clearwater Fire and
Rescue Department to provide emergency medical services at Spectrum Field for 2018
baseball events as outlined in the agreement and authorize the appropriate officials to
execute same. (consent)
The Phillies Florida LLC (Phillies Florida) will enter into an agreement with
Clearwater Fire & Rescue (CFR) for the provision of EMS services for the 2018
Philadelphia Phillies spring training game; every 2018 Clearwater Threshers
game; and for 10 selected special events designated by Phillies Florida in 2018.
There will be a mutually agreed-upon method of checking in and checking out at
each game/event for billing purposes at the rate established in the agreement.
The minimum time for each event will be four hours. Any time spent at the ball
park after those four hours will be compensated at the hourly rate set forth in the
agreement and checked against the sign out time by the teams at the ballpark.
CFR will provide monthly invoices to Phillies Florida for the services CFR
provides pursuant to the agreement, which invoices will be paid within twenty
days of receipt.
The City of Clearwater, to the extent permitted by applicable law, including, but
not limited to Section 768.28, Florida Statutes, shall indemnify, defend and hold
harmless Phillies Florida, and others noted in the agreement.
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CFR will document any incidents that may occur during the course of the
performance of its obligations hereunder and, subject to applicable law,
including, but not limited to, the Health Insurance Portability and Accountability
Act of 1996 (HIPAA) Privacy and Security Rules, and use best efforts to get
those treated to sign a medical information disclosure form legally authorizing
CFR to provide copies of such documentation to Phillies Florida upon request.
The term of the agreement shall be from the date it is signed through December
31, 2018; and either party may terminate as outlined in the agreement.
6. Planning
6.1 Approve amendments to the Clearwater Downtown Redevelopment Plan repealing and
replacing Chapters 1-3 which update goals, objectives and policies; increase density and
intensity and revise height; modify Character District boundaries; and expand the Old Bay
Character District boundaries northward; and pass Ordinance 9103-18 on first reading.
The Clearwater Downtown Redevelopment Plan serves as a Special Area Plan
for the Downtown Planning Area and as a Community Redevelopment Plan for
the Community Redevelopment Area. Since the adoption of the Plan many
changes have occurred in the Downtown; however, there continues to be a lack
of commercial development, erosion of neighborhood character, and limited
new housing development. This update is primarily focused on the land use
components of the Plan, with additional updates to incorporate current data.
Chapter 4, Implementation Plan, is not being amended at this time; however, it
is incorporated into the updated document and reformatted to be consistent with
the Plan as a whole. Chapter 4 is anticipated to be updated concurrently with
the 15-year review of the Community Redevelopment Area Plan by Pinellas
County in 2018.
The Planning and Development Department is recommending amendments to
the Clearwater Downtown Redevelopment Plan to increase development
potential, support preservation of neighborhood character, eliminate the need for
lot consolidation in certain Districts, support variety of housing types, and
encourage a multimodal Downtown.
Ordinance No. 9103-18 proposes to:
• Reaffirm and update the Vision, Guiding, Principles, Goals, Objectives
and Policies;
• Expand the Old Bay Character District boundary and subsequently the
Downtown Planning Area boundary;
• Consolidate two Character District Boundaries into one;
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• Increase intensity and density throughout;
• Revise maximum permitted height to provide for transitions and
consistency between standards and policy;
• Revise Character District policies;
• Incorporate the visions of recently completed supporting documents
including Imagine Clearwater, North Marina Area Master Plan,
Clearwater Comprehensive Boating Plan, and East Gateway District
Vision Plan;
• Add density specific to overnight accommodations functioning as bed
and breakfasts in the Old Bay and Prospect Lake Character Districts;
and
• Remove the Design Guidelines.
The Community Development Board, in its capacity as the Local Planning
Agency (LPA), will review the proposed amendments to the Clearwater
Downtown Redevelopment Plan at a special public hearing on January 9, 2018,
and make a recommendation to City Council. The Planning and Development
Department will report the recommendation at the City Council meeting.
The Community Redevelopment Agency will review the proposed amendments
to the Clearwater Downtown Redevelopment Plan at its meeting on January 16,
2018 and make a recommendation to the Council. The Planning and
Development Department will report the recommendation at the City Council
meeting.
At the February 16, 2018 work session, there was council consensus to
continue first reading to February 12, 2018.
Staff was directed to provide a motion to amend at the council
meeting implementing the height revisions approved at today's Community
Redevelopment Agency meeting.
6.2 Provide direction regarding the composition of the Complete Streets Advisory
Committee. (WSO)
The City of Clearwater is developing a Citywide Complete Streets
Implementation Plan (Implementation Plan) that will set the foundation for a
street network that encourages mobility and promotes safety. The
Implementation Plan is being prepared concurrently with Drew Street Complete
Streets Concept Plan, which will serve as pilot project and will provide the City
with context sensitive design concepts for the corridor.
Both projects will include extensive public outreach and engagement to gain
consensus on the elements of Complete Streets and priorities. In addition, a
Complete Streets Advisory Committee would provide the project team with
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feedback at various points in the project.
The Planning & Development Department is proposing the Complete Streets
Advisory Committee include representation from the following community
interest groups and organizations:
• Clearwater Neighborhoods Coalition (CNC)
• Clearwater Community Development Board
• Forward Pinellas Bicycle Pedestrian Advisory Committee (BPAC) and
Citizens Advisory Committee (CAC)
• Pinellas County School District
• Neighborhoods: North Greenwood, Countryside, South/East Clearwater,
Downtown
• Clearwater Beach business or resident
• PSTA's Transit Riders Advisory Committee
• Student
• Hispanic Community
• Skycrest Elementary School
• Clearwater Regional Chamber of Commerce & Clearwater Beach
Chamber
• Clearwater Regional Chamber Transportation Committee
• Bike Group
Complete Streets Advisory Committee will be informed about both projects'
goals, objectives, and the many approaches to creating Complete Streets. The
Advisory Committee will assist in the development of the guiding principles and
identify issues and opportunities that will inform the development of preliminary
design concepts. The project team will provide the Advisory Committee with
updates on public outreach activities and will engage the Committee with
project prioritization and the development of potential complete street
improvements, as well as in reviewing and building consensus on
recommendations for the Citywide Complete Street Implementation Plan and
Drew Street Concept Plan.
In response to questions, Planner Zain Adam said the intent is to consider
students involved in the Parks and Recreation program for the student
category. Planning Manager Lauren Matzke said the Del Oro, Skycrest and
Morningside neighborhoods would be considered southeast Clearwater. The
City Manager said the item before Council is about developing a citywide
Complete Streets plan. Planning and Development Assistant Director Gina
Clayton said representatives from a cross section of the community need to
be balanced on the committee. Ms. Matzke said staff representatives will
participate in the internal staff technical group.
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A concern was expressed that the committee be comprised of only those
individuals supporting the Complete Streets concept. It was suggested that
staff approach the American Auto Association.
It was suggested that representative from the Clearwater Young
Professionals group be included.
7. Official Records and Legislative Services
7.1 Approve an agreement with Van Scoyoc Associates to provide lobbying services at the
federal level from February 1, 2018 through December 31, 2022 at a cost of$7,500 per
month, plus estimated expenses of$5,000, not to exceed $95,000 per year, and
authorize the appropriate officials to execute same. (consent)
Lobbying services assist the City in pursuing funding and favorable legislation at
the federal level. Request for Proposal 07-18 was released to select a provider
of these services.
Responses were received from Becker& Poliakoff P.A., Potomac Partners DC
and Van Scoyoc Associates.
The evaluation committee, consisting of the City Clerk, City Attorney and Deputy
City Manager, reviewed the written proposals on January 17, 2018. Selection
criteria were: Demonstrated Experience, Qualifications of Team, Reference
Reports and Cost of Services.
The committee determined Van Scoyoc Associates to be the most responsive
to criteria established in the RFP. Van Scoyoc has been the City's federal
lobbyist since 2013 and the City has been satisfied with their services. Van
Scoyoc proposes the same rate as the previous contract. The agreement may
be cancelled at any time with a 30-day notice.
APPROPRIATION CODE AND AMOUNT:
Annual costs for this contract will be included in the Officials Records &
Legislative Services Operating budget under appropriation code
010-09700-530100-513-000.
8. Legal
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8.1 Approve a contingency contract with Motley Rice, LLC., for representation for claims
arising out of the opioid epidemic and authorize the appropriate officials to execute
same. (consent)
The City Attorney recommends that the City hire Motley Rice, LLC. to perform
the following activities: to investigate, litigate, or negotiate for settlement,
actionable claims that may be pursued by the City against individuals and
entities related to the marketing, prescribing, distribution, or sale of opioids. The
remedies sought may include monetary compensation, injunction, declaratory
judgment, damages, restitution, payment of penalties as authorized by law, or
other remedies.
The City agrees to pay, as compensation for attorneys' services, 20% of all
claims or recoveries from and against all sources, persons, or entities
recovered prior to trial, or 25% of all claims or recoveries from and against all
sources, persons, or entities recovered after trial has begun. All costs and
expenses related to the investigation and litigation shall be advanced by the
Firm and will be recovered by the Firm from any monetary recovery. Under no
circumstances shall the City be liable for any costs, expenses, or attorney fees
incurred by the Firm in preparing and conducting this investigation and/or
litigation. All expenses, costs and attorneys' fees, if any, shall be paid from the
proceeds of the investigation and/or litigation. If the Firm is terminated by the
City or otherwise withdraws from the investigation or litigation, it shall be entitled
to a share of any recovery (including injunctive relief) on a quantum meruit
basis, as agreed to by the parties or determined by an arbitration panel.
Motley Rice has contracted with Kwall, Showers and Barack to be their local
counsel for this and any similar claims in the Clearwater area. Motley Rice
would pay Kwall, Showers and Barack a percentage of the fees they receive.
8.2 Continue to March 1, 2018: Adopt Ordinance 9103-18 on second reading, amending the
Clearwater Downtown Redevelopment Plan, repealing and replacing Chapters 1-3 which
update goals, objectives and policies; increasing density and intensity and revise height;
modifying Character District boundaries; and expanding the Old Bay Character District
boundaries northward.
9. City Manager Verbal Reports
9.1 Harbor Oaks Traffic Calming and Decorative Crosswalks
Engineering Assitant Director Tara Kivett said due to long-standing speed
concerns on Druid Road, Engineering advertised and received bids to
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construct raised crosswalks on Druid Road, from Fort Harrison Avenue to
Jeffords Street (Harbor Oaks neighborhood). The bid received was
approximately$112,000 for 11 crosswalks, with an estimated construction
time of four months. She said there is sufficient traffic calming funds to pay
for these improvements. The bid also included an add alternate
for 25 decorative crosswalks, as requested by the home owners association,
for additional cost of$200,000 and 90 days of construction.
In response to questions, the City Manager said the City's traffic calming
policy requires 65% of the neighborhood to support the request unless there
is a safety concern. The proposed addition of alternate crosswalks are
strictly for decorative purposes. He said the home owners association could
not agree on a solution, some members supported speed bumps and some
members had no speed concerns. Ms. Kivett said the decorative crosswalks
will use bricks, staff did not consider other crosswalk alternatives. Staff does
not recommend the decorative pavement treatment due to maintenance and
longevity concerns. Engineering Director Scott Rice said the crosswalks will
be smaller than those found in the Northwood West neighborhood, the
crosswalks will be 6 feet-wide and raised 1 inch. Deputy City Manager Jill
Silverboard said Harbor Oaks is listed in the National Register of Historic
Places, there is no local code recognition designating the neighborhood as a
historic place.
Staff was directed to proceed with the brick raised crosswalks on Druid Road
look into and consider other alternatives for the additional crosswalks, to
include cost-sharing.
9.2 Ruth Eckerd Hall Funding Request
The City Attorney requested direction regarding the funding amount and time
period to provide the funding. She said the funds will be used for
maintenance and they will provide staff an annual report on how funds were
spent. The final document will come back to council for approval.
There was consensus to provide $3 million ($1.5 million in the first year, $1
million in the second year and $500,000 in the third year). A concern was
expressed on the funding amount.
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10. City Attorney Verbal Reports — None.
11. Council Discussion Item
11.1 Discussion regarding offshore oil drilling - Mayor Cretekos
The Mayor said the BIG C asking all barrier island communities to adopt a
resolution regarding offshore oil drilling. He provided copies of a draft
resolution for council to consider.
There was consensus to adopt a resolution at the council meeting.
11.2Update on status of our economic development efforts to support Clearwater software
development technology - Councilmember Jonson
Economic Development and Housing Director Denise Sanderson said there
are more than 501T software companies within city limits. The average
annual wages in this field exceed $60,000, according to Pinellas County
Bureau of Statistics. She said the Technical Advisory Council disbanded in
2013; the Clearwater Tech Alliance was formed in 2014, was a business led
initiative that hoped to generate additional interest in the Downtown,
specifically in the CRA area.
11.3Landscaping of Fences - Councilmember Jonson
Councilmember Jonson provided a PowerPoint presentation.
Planning and Development Director Michael Delk said staff does not enforce
deed restrictions. The definition section of landscaping is broad and includes
different types of materials. He said staff can draft an ordinance that is in line
with Council's landscaping policy, that identifies a few fencing styles along
major arterials and collectors. He will work with Legal to determine if it is
possible to require neighborhoods adopt a specific fence style. He expressed
a concern with older subdivisions that may not have irrigation. Deputy City
Manager Jill Silverboard said being aggressive with landscaping means code
enforcement will be less aggressive somewhere else. The City currently
does not inspect fences, fence permits do not benefit from a follow-up
inspection. She said the City is not resourced to conduct follow-up fence
inspections.
The City Manager said Councilmember Jonson has an interest to amend the
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code to require shrubs and bushes to be installed with the fences and
enforce the matter if it is not being followed. Staff is saying enforcement may
not be followed in every case due to property conditions in certain
neighborhoods. If the code is amended, staff needs the discretion on how to
implement the change.
Councilmember Jonson said there is a council policy requiring the
landscaping of fences and requested council consideration to require newly
constructed fences along a road like Countryside Boulevard to follow council
policy.
Staff was directed to amend the definition and draft a policy for council
consideration.
12. 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.
13. Closing Comments by Mayor— None.
14. Adjourn
The meeting adjourned at 4:57 p.m.
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