11/04/2019
Council Work Session Meeting Minutes November 4, 2019
City of Clearwater
Main Library - Council Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
Meeting Minutes
Monday, November 4, 2019
9:00 AM
Main Library - Council Chambers
Council Work Session
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City of Clearwater
Council Work Session Meeting Minutes November 4, 2019
Roll Call
Present 5 - Mayor George N. Cretekos, Councilmember Bob Cundiff,
Councilmember David Allbritton, Councilmember Hoyt Hamilton, and
Councilmember Jay Polglaze
Also Present: William B. Horne II – City Manager, Micah Maxwell – Deputy City
Manager, Michael Delk – Assistant City Manager, Pamela K. Akin City
Attorney, Rosemarie Call – City Clerk, and Nicole Sprague – Official
Records & 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 9:00 a.m. in Council Chambers at the
Main Library.
2. City Manager
2.1 Establish a Sister Cities Relationship with Bourges, France and adopt Resolution 19-35.
In December 2018, the city of Bourges, France, sent a letter to Mayor Cretekos
expressing interest in establishing a Sister Cities partnership. Staff was
instructed to research necessary protocols to partner with a new sister city. Per
the Sister Cities International advocacy group, a new relationship is initiated by
each city passing a resolution declaring their desire to establish a Sister Cities
partnership. Following this, the cities will develop a Partnership Agreement that
outlines the parameters and activities of the partnership and whether to, and
how to, establish an exchange program. The Partnership Agreement is enacted
at a signing ceremony and the Sister Cities partnership is officially established.
The Sister Cities Advisory Board has reviewed the request from Bourges at
their July 25, 2019 meeting and indicated their support of establishing a new
Sister Cities partnership.
Background on Bourges, France: Founded in 52 BCE by Romans during the
Gallic Wars, Bourges is the site of Bourges Cathedral, built from 1195-1255 and
added to the list of UNESCO World Heritage Sites in 1992. Bourges has an
economy based primarily on manufacturing, but also supports a tourism and
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Council Work Session Meeting Minutes November 4, 2019
education-based market. The Monin brand, an international manufacturer of
flavored syrups, was established in Bourges in 1912 and opened their US
headquarters in Clearwater in 1996.
In response to questions, Cultural Affairs Coordinator Christopher Hubbard
said establishing the relationship is the first step in the process. He said
Mayor Cretekos and the Bourges mayor have exchanged letters. Monin is
one of the largest syrup manufacturers. There is community support for a
Sister Cities relationship with Bourges, with some community members
currently in Bourges, France. The City Manager said there is a large group of
residents who focus on speaking French and would be part of the community
response. Mr. Hubbard said a university program, similar to the former
Clearwater Beach Chamber's student exchange program, could be
considered.
3. Human Resources
3.1 Approve an increase to contract number 900052 for employment-related health care
services with BayCare Urgent Care, LLC in the annual amount of $25,000, for the period
January 1, 2019 through December 31, 2019 and the one-year renewal term option and
authorize the appropriate officials to execute same.
In December 2017, Council authorized an agreement with BayCare Urgent
Care, LLC to provide employment-related health care services, including
pre-employment physicals, Department of Transportation (DOT) random, DOT
post-accident, and citywide reasonable suspicion drug and alcohol testing for
employees exclusive of public safety personnel. The term of the initial
agreement was January 1, 2018 to December 31, 2018, with two one-year
renewals, at an annual amount of $25,000. This agreement, including all costs
for services included in scope, will not change, but the requested purchasing
contract amount of $25,000 annually is not sufficient to cover actual services
rendered and costs incurred.
An increase of the contract annual amount from $25,000 to $50,000 is
requested to ensure sufficient funds for services provided, effective for the
current annual term ending December 31, 2019, and the remaining one-year
renewal term option.
APPROPRIATION CODE AND AMOUNT:
FY2020 Funding for $50,000 is available through appropriation codes:
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6467410-521500 Pre-employment Physicals and Drug Testing
5909831-530100 Citywide Drug Testing - Random, Reasonable Suspicion,
Post-Accident
4. Engineering
4.1 Award a construction contract to Restocon Corporation of Tampa, Fl., in the amount of
$702,848.40 for the Garden Avenue Garage Restoration project (18-0033-EN) and
authorize the appropriate officials to execute same. (consent).
The Garden Avenue parking garage provides 250 public parking spaces for
Clearwater’s downtown district. A condition assessment of the garage indicated
that the lifespan of the structure would benefit from several maintenance
repairs.
This project consists of concrete repair, removal and replacement of expansion
joints, installation of waterproofing membrane, removal and replacement of
sealants, restoration of handrail systems, stucco repair, metal wall framing
repair, paint and sealing exterior façade/wall, and power washing of the existing
parking structure.
Restocon Corporation’s bid was the lowest responsible bid received in
accordance with plans and specifications.
Portions of the garage will be closed over the next year while work is done at
various locations.
The Parking Systems Division operates and maintains the Garden Avenue
garage.
APPROPRIATION CODE AND AMOUNT:
ENPK180003-CONS-CNSTRC $702,848.40
A first quarter budget amendment will transfer $300,000 from Capital
Improvement project ENPK180001, Parking Lot Improvements, to
ENPK180003, Parking Facilities.
Funding is available in Capital Improvement project ENPK180003, Parking
Facilities, in the amount of $402,848.40 to fund the contract.
In response to questions, Engineering Manager Roger Johnson said the
mural requires some stucco repair; staff is working with CRA staff to
coordinate repair work. The rooftop parking deck requires joint replacement.
The project will be funded through Parking and Operations. Mr. Johnson said
the garage is not in danger of collapsing; normal repairs will be pursued.
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Council Work Session Meeting Minutes November 4, 2019
4.2 Approve a Joint Project Agreement (JPA) with Pinellas County for Lakeview Road Utility
Relocations (19-0013-UT) related to sidewalk and drainage improvements in the amount
of $529,462.50; and Engineer of Record (EOR) Supplemental One Work Order to
AECOM in the amount of $24,783.00; and authorize the appropriate officials to execute
same. (consent)
Pinellas County intends to improve drainage and sidewalks along Lakeview
Road between South Lincoln Avenue to Stevenson Creek at Hillcrest Avenue.
Construction is anticipated to begin in February 2020 with completion around
November 2020. This construction requires relocation or adjustments of the
City’s water and sanitary sewer mains in conflict with the County’s proposed
improvements.
Pinellas County will receive competitive bids for stormwater system
improvements, sidewalks and utility relocation and award the contract to the
lowest responsible bidder. Final costs will be determined by the contractor’s bid.
The City will be advised of the actual contract bid costs and will be given the
opportunity to reject the bid if deemed excessive.
The initial EOR work order to AECOM was approved in April 2019 in the amount
of $26,718.00 for design to relocate city potable water and sanitary sewer lines
in conflict with Pinellas County’s drainage improvements.
This Supplemental Work Order 1 provides for engineering services during
construction including shop drawing review, response to contractor requests for
information, progress meeting attendance, and Florida Department of
Environmental Protection permit close-out, for a total work order value of
$51,501.00.
The project is estimated to be complete within 240 calendar days from the
Notice to Proceed issued by Pinellas County to the contractor.
Public Utilities owns and maintains the water distribution and sewer collection
systems included in this scope of work.
APPROPRIATION CODE AND AMOUNT:
3277327-563800-96722 $490,087.50
3277327-563800-96634 $ 39,375.00
3277327-530100-96722 $ 22,940.00
3277327-530100-96634 $ 1,843.00
Funding is available in Utilities Renewal and Replacement projects in amounts
of $513,027.50 in 96722, Line Relocation Maintenance, and $41,218 in 96634,
Sanitary Utility Relocation Accommodation, to fund the project.
4.3 Approve the final plat for Atmi Junior Greene, whose physical address is 1401 North
Belcher Road and is located on the east side of Belcher Road, approximately ¼ mile
north of Palmetto Street. (consent)
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This plat will create 10 residential lots for a townhome development.
The project site consists of approximately 2.03 acres.
This development was approved through the Development Review Committee
on December 3, 2015 and by the Community Development Board on August
15, 2017.
In response to a concern, the City Manager said the proposed residential
project will be adjacent to an active railway. He suggested staff ensures the
developer informs prospective homeowners of the active railway.
4.4 Approve a Performance Agreement with United Public Safety, Ft. Washington, PA., for a
three-year term, December 1, 2019 through November 30, 2022, with an option of two
one-year renewals for parking violation, permit processing, and collection agency
services in the not-to-exceed amount of $876,600, and authorize the appropriate officials
to execute same. (consent)
The current agreement with Data Ticket for parking violation processing and
collection agency services recently expired. The City intends to keep current
in-house customer service functions, including acceptance of walk-in
payments; establishment of a local and toll-free telephone line going directly to
city staff; city staff review, and adjudication of citation appeals in person; and
routine correspondence (citizen questions, complaints, concerns, etc.).
Twelve firms responded to RFP 20-19 seeking new parking management
services and five firms made presentations to the selection committee. The
selection committee ranked United Public Safety as the top firm. The selection
committee was comprised of representatives from Internal Audit, Finance,
Information Technology (IT) and the Parking System Division of Engineering.
United Public Safety’s top ranking is based on their experience and
qualifications, project approach, financial stability/references, customer service
approach, hardware/software and fees.
This is a 3-year agreement with two one-year renewal options, upon the written
mutual agreement of both parties. A parking violation processing fee of 2.9% of
the amount processed plus $.25 per citation and/or permit applies to years one
through five of the agreement. Approximately 42,500 citations are issued
annually. The estimated annual cost to the City under the proposed contract is
$175,000. Staff anticipates $1,600 in additional start-up costs during the first
year of the contract.
The terms of the parking violation and permit processing services agreement
include: all hardware/software for noticing and coordination with the State
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Division of Motor Vehicles for registration holds; processing of all delinquent
notices; delinquent collections; city lease of eleven handheld ticket writers with
integrated printer and color photography; and establishment of a web site with
the following capabilities:
View real-time citation(s) data, including pictures taken by the issuing
officer
Accept payment via VISA, MasterCard, Discover and American Express
credit/debit cards, check or money order
Process insufficient-funds-requests and refunds
Reduce or increase violation amounts, dismiss citations, void citations
and place a citation on hold
Change citation data, including violations, date, time, plate, location,
comments, make, model, color, registration expiration date and others
Perform administrative reviews online by entering the disposition directly
online
Generate a time expired or letter of non-responsibility for a citation in the
adjudication process
View the complete reason for the review request and supporting
documentation provided by the appellant directly online
Edit appellant information
Upload disposition documents sent to the City via US Mail
Add a note to a citation and see all comments added to the citation
View the reason for the 2nd Level Administrative Hearing Request online
and view the supporting documentation provided by the appellant,
directly online
Print a receipt with or without registered owner information
Provide a website for digital permit purchasing
Software integration with Vigilant, Cale, Park Mobile and Tyler-Munis
software
Many of these website integration features are intended to provide customers
with any available information, in real time, related to their citation or permit.
This will likely result in a reduction in the number of citation disputes and cases
brought to court while also providing more convenience to the public.
Citations that are unpaid after 90 days are forwarded to the delinquent services,
Municipal Collection of America, who retains 30% of the funds they collect.
Current average annual gross parking fine revenue is $1,071,000 with $5 for
every citation collected, or an estimated $160,000, funding the School Crossing
Guard Program.
APPROPRIATION CODE AND AMOUNT:
4351333-530300 $ 3,883.74
4351334-530300-$172,710.00
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A first quarter budget amendment will increase Parking Enforcement cost code
4351334-530300 (Contractual Services) by $96,710 to fund this contract.
Parking Fund revenues are sufficient to cover this expenditure increase.
Funds are available in cost codes in amounts of $3,883.74 from
4351333-530300, (Contractual Services), and $76,000 from 4351334-530300,
(Contractual Services), to fund the contract for Fiscal Year 2019/20. Funding
will be included in the Parking System and Parking Enforcement Operating
Budget requests for Fiscal Years 2020/21 through FY2023/24 to fund the
contract.
In response to a question, Parking Manager Steven Reiter said the parking
citations will include a Clearwater address, allowing individuals to pay
locally.
4.5 Approve the Contract for Sale of Real Property by the City of Clearwater, Florida
(Contract) between the City of Clearwater and Douglas M. Schrock and authorize the
appropriate officials to execute same, together with all other instruments required to affect
closing. (consent)
The subject property is an irregular shaped, landlocked parcel of land that runs
along the east side of the Pinellas Trail.
This land was acquired by the City of Clearwater on December 18, 2018 via
foreclosure.
An independent appraisal was performed on the property on March 18, 2019 by
Jim Millspaugh and Associates. This appraisal report determined a fair market
value of $6,000.
On June 20, 2019, City Council declared the property surplus for sale through
Invitation to Bid #41-19, whereby the successful bid was required to meet the
terms set by Council. Per City Charter 2.01, real property declared surplus shall
be sold to the party submitting the highest competitive bid above the appraised
value whose bid meets the terms set by the Council and whose proposed use
of the property is in accordance with the Council’s stated purpose for declaring
the property surplus. Accordingly, all qualifying bids were required to meet the
following terms:
Bid price shall exceed $6,000.00
Successful bidder shall be the owner in fee title to lands contiguous to
the subject property.
The City received one bid that met the minimum qualifications listed above.
Douglas M Schrock submitted a qualifying bid with a proposed purchase
price of $6,006.00 and is the owner in fee title to the property directly
east of the subject property.
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Council Work Session Meeting Minutes November 4, 2019
Consistent with City Charter 2.01 referenced above, staff recommends
approval of the Contract between the City and Douglas M Schrock, the bidder
having submitted the highest competitive bid above the appraised value whose
bid meets the terms set by the Council.
APPROPRIATION CODE AND AMOUNT:
181-364220-M1913 $6,006
Proceeds from the sale will be deposited into the Lien Foreclosure Program.
4.6 Approve the Second Amendment to Cooperative Funding Agreement (CFA) No.
15C00000115 with Southwest Florida Water Management District (SWFWMD) for the
Clearwater Groundwater Replenishment Project, Phase 3 (N665) and authorize the
appropriate officials to execute same. (consent)
City Council approved in December 2015 and February 2017 respectively, the
original CFA between SWFWMD and the City for the for the Groundwater
Replenishment Project (15-0010-UT, providing 50% reimbursement of the
project cost up to $14,340,000 and the First Amendment, which increased the
reimbursement by $2,018,000 for a new maximum reimbursement up to
$16,358,000 or $32,716,000 total project cost.
The City started a Water System Master Plan that will be completed in
approximately 1.5 years. This plan reviews and analyzes the entire existing
water system and proposed additions such as the Groundwater Replenishment
Facility (GRF) to ensure that maximum system operation effectiveness and
cost efficiency is maintained. The construction of the GRF is delayed until
completion of the Water System Master Plan. This delay allows time to identify
and implement any necessary modifications to the GRF design resulting from
the Water Systems Master Plan effort to optimize the overall operation and
management of the water system.
The delay in construction of the Groundwater Replenishment Facility requires
that SWFWMD make changes to the funding provisions of the existing
cooperative funding agreement. This Second Amendment decreases
SWFWMD funding to a $2,989,819 total project cost with 50% reimbursement
once construction commences, up to $1,494,909 in accordance with the latest
change in the Project Plan. This will allow SWFWMD to utilize available
cooperative funding resources while the City completes its Water System
Master Plan.
Once the Water System Master Plan is complete, the City will make any
changes to the Groundwater Replenishment Project and then re-apply to
SWFWMD for funding toward the construction of the facility.
5. Planning
5.1 Provide direction on the proposed second amendment to an existing Development
Agreement between Triprop Clearwater, LLC and M E M PC Properties Inc. (as
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assigned by Alanik Properties; Anco Holdings, LLC; Nikana Holdings, LLC) (the property
owners) and the City of Clearwater for property located at 401, 411, 421, 425 and 431
South Gulfview Boulevard, which adds Exhibit A-1 to provide an updated legal
description to include parcel 07-29-15-52380-000-0780 to the subject site and replaces
Exhibit B with Exhibit B-1 to provide new conceptual site plans and elevations, updates
Exhibits C and D regarding any references to the legal description and proposed number
overall hotel units, adds Exhibit E which provides specific language germane to the
pedestrian bridge regarding construction and maintenance and sets a new date by which
time site plan approval must be obtained and confirm a second public hearing in City
Council Chambers before City Council on November 21, 2019 at 6:00 p.m., or as soon
thereafter as may be heard. (HDA2014-06004A)
Site Location and Existing Conditions:
The 2.416-acre site is bound by South Gulfview Boulevard (west), Coronado
Drive (east), and Fifth Street (north). The subject property is comprised of four
parcels with a frontage of approximately 540 feet along South Gulfview
Boulevard, 450 feet along Coronado Drive and 213 feet of frontage along Fifth
Street. The site is occupied by two hotels with a combined total of 127 hotel
rooms, a restaurant and a small retail store. The subject property is zoned
Tourist (T) District with an underlying Future Land Use designation of Resort
Facilities High (RFH). The subject property is also located within the Beach
Walk District of Beach by Design.
Access to the site is generally provided by several driveways along South
Gulfview Boulevard (including the South Gulfview Boulevard frontage road) and
Coronado Drive. A drop curb along Fifth Street runs along the north side of the
site providing parking spaces which exist partially within and back out into the
Fifth Street right-of-way. Building frontage is generally located along South
Gulfview Boulevard (and its frontage road) and Fifth Street.
The surrounding area is characterized by a variety of uses including overnight
accommodation, retail, outdoor recreation and entertainment, restaurant and
attached dwelling uses with heights ranging from one to 15 stories. The
immediate area is characterized by two to 15 story hotels. A five-story attached
dwelling is located at the northeast corner of Bayside Drive and Hamden Drive.
Detached dwellings are located farther along the length of Bayside Drive. The
properties located along Hamden Drive are developed with attached dwellings
and overnight accommodation uses. The City’s Beach Walk project, adjacent
to the west, has transformed South Gulfview Boulevard to the north and south
of this site into a winding beachside promenade with lush landscaping, artistic
touches and clear views to Clearwater's award-winning beach and the water
beyond. Coronado Drive has largely been improved as envisioned in Beach by
Design.
Site History:
On September 20, 2005, the Community Development Board (CDB)
approved Case No. FLD2005-07068 which included, among other items, a
request for a Termination of Status of Nonconformity to permit 127 hotel
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units (63.69 units per acre) to be considered conforming when the
otherwise permitted number of hotel units was 97 units (50 units per acre).
That portion of the request is considered vested.
On September 19, 2014, the City Council approved the allocation of up to
100 units from the Hotel Density Reserve under Beach by Design (Case
No. HDA2014-06004) and adopted a resolution to the same effect (Res. No.
14-29). The owners proposed to develop the site with a 227-unit (114 units
per acre) overnight accommodations use as related to case FLD2005-
07068. This agreement has since been amended by HDA2015-06001 and is
attached to the resolution as Exhibit 1.
On March 17, 2015, the Community Development Board (CDB) approved
Case No. FLD2015-09036 to permit a 227-unit overnight accommodation
use in the Tourist (T) District. This approval is still valid through June 11,
2021 via four separate extension requests.
On August 20, 2015, the City Council approved the first amendment to
HDA2014-06004 (HDA2015-06001) and adopted a resolution to the same
effect (Res. No. 15-19). This is attached to the resolution as Exhibit 2.
Please note that the Planning and Development Department had not
implemented the current policy of using the original case number
supplemented, alphabetically (A, B, C, D, etc.) to represent the application
amendment and, rather, assigned a new case number to this first
amendment. The owners continued to propose to utilize the existing 127
hotel units and incorporate an additional 100 units from the Hotel Density
Reserve through Beach by Design resulting in a total of 227 units (114 units
per acre). The amendment included a new conceptual site plan and
accompanying building elevations (Exhibit B) and changes to the
Development Agreement. The changes to the Development Agreement are
listed below:
o Section 4.4: Increases the height of the building from approximately 140
feet to 150 feet.
o Section 6.1.3.2: Changes the date by which site plan approval must be
obtained to six months from approval of the amended Development
Agreement.
This agreement is still valid.
On May 10, 2016, the applicant’s representative sent a Notice of
Assignment of Development Agreement by Alanik Properties, LLC, et.al, to
Triprop Clearwater, LLC to the City. Copies of the Assignment and Joinder
(signed on May 6 and May 9, 2016) as well as a release of Developer’s
Obligation under Hotel Density Reserve Development Agreement were
dated July 22, 2016 were subsequently submitted to the City.
Development Proposal:
The current proposal, attached to the resolution as Exhibit 3, includes the
demolition of all structures on the site and to redevelop the site with a 248-unit
hotel (increased from a 227-unit hotel) utilizing the existing 127 hotel units and
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Council Work Session Meeting Minutes November 4, 2019
incorporating an additional 100 units allocated from the Hotel Density Reserve
through Beach by Design as currently approved through HDA2014-06004 and
amended by HDA2015-06001. The original site, consisting of 1.99 acres, is,
through this current proposal, increased by 0.426 acres providing for a total of
2.416 acres. The additional acreage permits an additional 21 permitted hotel
units to the proposal which, when added to the previously-proposed 227 units
(114 units per acre) results in a total of 248 units (102.649 units per acre) which
includes 100 hotel units as originally-allocated through the approval of
HDA2014-06004. It should be noted that the overall density of the site
decreases from 114 units per acre to approximately 103 units per acre. The
current request includes a new conceptual site plan and accompanying building
elevations (Exhibit B-1) and appropriate changes to the Development
Agreement. The changes to the Development Agreement are listed below;
however, the conceptual site plan and building elevations have been updated to
reflect the addition of the 0.426-acre parcel at the southwest quadrant of the
site.
Development Agreement
Section 4.1: Increases the total number of hotel units from 227 to 248.
Section 4.2: Increases the number of parking spaces required from 272 to
298.
Section 4.4: Decreases the proposed density of units from 114 units per
acre to 103 units per acre.
Section 4.5: Adds the provision of a pedestrian overpass bridge connecting
to the Opal Sands resort to the west across South Gulfview Boulevard.
Section 6.1.3.4: Requires an amendment to FLD2013-04015 which
approved the hotel located at 430 South Gulfview Boulevard.
Exhibit A-1
Exhibit A-1 is added to provide the legal description for the additional
property at the southwest quadrant of the site.
Exhibit B-1
Exhibit B-1 replaces Exhibit B and provides updated site plans, elevations
and floor plans.
Exhibits C and D
These exhibits were not resubmitted because few changes are proposed.
Section 5 of the Statement of Agreement provides that both Exhibits are
amended to reflect the increase in the total number of hotel units from 227
to 248 and the addition of the parcel as described in Exhibit A-1.
Exhibit E
Exhibit E is added which provides specific language specific to the
pedestrian bridge regarding construction and maintenance.
The current proposal, as noted, is to demolish all structures on the site and
build a single 15-floor hotel with 248 hotel rooms. The building will be 150 feet
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(from Base Flood Elevation) to flat roof with structured parking on the first floor
of the hotel building. An eight-floor parking garage component will be attached
to the hotel building on the south side of the site. The parking spaces on the
eighth floor of the parking garage are uncovered. 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 six driveways. Three driveways provide access to
the parking component of the project with a two-way driveway located along
Coronado Drive at the southeast corner of the site, a one-way (egress-only)
driveway along South Gulfview Boulevard at the southwest corner of the site
and a second egress-only driveway centrally located along the north side of the
along Fifth Street. A southbound one-way drop-off is located along Coronado
Drive constitutes two more driveways. The sixth driveway is located along Fifth
Street at the northeast corner of the site and is a dedicated service driveway
provided access to a loading zone and solid waste component both under the
building.
The primary entrance and lobby of the building will be located along South
Gulfview Boulevard on the second floor. Much of the ground floor of the hotel
along Gulfview Boulevard and Beach Walk will consist of storefronts (a
proposed mix of retail and restaurant although the exact tenants have not yet
been secured) directly connected to Beach Walk. A patio intended for outdoor
dining is proposed at the northwest corner of the site and will exist partially with
in the South Gulfview Boulevard right-of-way. This component will need to be
reviewed and approved later through the development review process.
As noted, the first floor of the hotel building will contain a parking garage. In
addition to parking, the ground floor also includes various back-of-house service
uses and mechanical equipment as well as 9,800 square feet of retail space.
As a point of clarification, the site and floor plans call out the ground floor of
parking as Level 0000 (Sheet A-0.06) with the second floor above grade called
out as Level 0100 (Sheet A-0.07). For the sake of consistency, this memo will
use the same nomenclature. Level 0100 includes various back-of-house
service uses as well as the main check-in lobby, and approximately 6,100
square feet of café, bar and restaurant space. This level also includes an
exterior pool and patio at the northwest corner of the building. Level 0200
includes additional support services and hotel office space as well as a
ballroom (17,000 square feet) and eight meeting rooms (5,600 square feet). A
proposed pedestrian bridge connecting to the Opal Sands Resort (430 South
Gulfview Boulevard) to the southwest across South Gulfview Boulevard is also
shown on Level 0200. Level 0300 includes a fitness center (1,500 square feet)
a spa (3,100 square feet), a small exterior pool and patio located on the east
side of the building and 17 hotel rooms. Level 0300 also marks the beginning of
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the tower component of the building. The remaining floors will include primarily
hotel rooms along with various back-of-house components.
The total amount of accessory space shown is approximately 43,257 square
feet or 11.58 percent of the total gross floor area of the hotel which is less than
the 15 percent maximum permitted as part of a Level I Flexible Standard
Development application (CDC Section 2-802.N.10.b) and also at which point
additional parking is required as part of a Level II Flexible Development
application (CDC Section 2-803.k.11.a).
The proposal also modifies the previously approved site plan with a pedestrian
overpass over South Gulfview Boulevard. The proposed pedestrian bridge will
be located at the southwest quadrant of the site and will be located entirely
within the South Gulfview Boulevard right-of-way. The bridge will stretch from
the second floor along the west façade of the building across South Gulfview
Boulevard to the second floor of 430 South Gulfview Boulevard (The Opal
Sands Resort). The bridge will be a minimum of 17 feet above South Gulfview
Boulevard and approximately 12 feet in width. It is important to note that this
component requires the granting of an easement for air rights by the City over
the South Gulfview Boulevard right-of-way. In addition, an application replacing
or revising, as applicable, FLD2013-04015 which granted site plan approval for
the existing hotel located at 430 South Gulfview Boulevard will be required.
In summary, the changes to the conceptual site plan and elevations are:
The addition of 0.426 acres (parcel 07-29-15-52380-000-0780) at the
southwest quadrant of the site.
A reorientation of the parking garage.
A reallocation of most of the proposed parking spaces from under the hotel
tower to the parking garage.
The addition of a pedestrian bridge connecting the subject site with 430
South Gulfview Boulevard to the west across South Gulfview Boulevard.
Consistency with the Community Development Code (CDC):
Minimum Lot Area and Width:
Pursuant to CDC Table 2-802, the minimum required lot area and width for an
Overnight Accommodation use is 20,000 square feet and between 100 and 150
feet, respectively. The subject property is 105,445 square feet in area and
approximately 540 feet wide. The site is consistent with these Code provisions.
Minimum Setbacks:
The conceptual site plan depicts setbacks of zero feet along the front (west)
along South Gulfview Boulevard/Beach Walk, 15 feet along the front (north and
east) along Fifth Street and Coronado Drive, respectively, side (south) setbacks
of between six and 13 feet. The proposed setbacks may be approved as part of
a Level Two (FLD) application, subject to meeting the applicable flexibility
criteria of the Community Development Code.
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Maximum Height:
Section B of the Design Guidelines within Beach by Design specifically
addresses height. The proposal provides for a building 150 feet in height as
measured from BFE where a height of up to 150 feet is permitted as prescribed
by the CDC (subject to meeting the applicable flexibility criteria of the CDC and
as approved as part of a Level II Flexible Development application) and limited
by Beach by Design as pertaining to buildings which exceed 100 feet in height.
The proposal provides for a building which exceeds 100 feet in height. The
applicant has demonstrated that portions of any structures which exceed 100
feet in height are spaced at least 100 feet apart (Sheet A-0.03) and that there
are no more than four structures which exceed 100 feet within 800 feet (Sheet
A-0.22) thereby fulfilling the height requirements of Option 2 of Beach by Design
section VII.B.2.
The height of the proposed building is consistent with the guidelines of Beach by
Design.
Minimum Off-Street Parking:
The 248-room overnight accommodation use requires a minimum of 298
off-street parking spaces. A parking garage located on the ground level of the
hotel building and within an attached eight-floor parking garage component
attached to the south side of the hotel will provide a minimum of 298 spaces.
Currently, the proposal includes 556 parking spaces (although that number
could fluctuate as construction details are finalized through the development
process) which provides 258 parking spaces above that as otherwise required.
The applicant has provided that any spaces in excess of the minimum required
will be available for use to the public. This is consistent with the applicable
Sections of the CDC.
Landscaping:
While a formal landscape plan is not required to be submitted for review at this
time, the conceptual landscape areas depicted on the site plan show that
adequate spaces for foundation landscaping will be provided along all street
frontages. Since no perimeter landscape buffers are required in the Tourist (T)
District, the proposed landscape areas meet or exceed what is required. It is
noted, however, that flexibility may be requested/necessary as part of a
Comprehensive Landscape Program which would be reviewed at time of formal
site plan approval.
Consistency with Beach by Design:
Design Guidelines:
A review of the provided architectural elevations and massing study was
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Council Work Session Meeting Minutes November 4, 2019
conducted and the proposed building does appear to be generally consistent
with the applicable Design Guidelines established in Beach by Design. It is
noted, however, that a more formal review of these Guidelines will need to be
conducted as part of the final site plan approval process. Staff has noted that
there are instances where the tower component of the project exceeds 100
linear feet without an offset of greater than five feet contrary to Section C.2 of
the Beach by Design Design Guidelines. One instance occurs on the east
façade facing Coronado Drive. Two other instances occur along the west
façade at the ground level (147 feet) and the west façade of the tower. The
Design Guidelines provide that they are intended to be administered in a flexible
manner to achieve the high-quality built environment for the beach. Staff
believes that the design solution is acceptable because the portions of the
building which directly relate to the pedestrian realms surrounding the site
include an extensive use of windows, doors and landscaping providing a great
deal of articulation and/or visual interest, that the tower incorporates a curve
which, over its entirety, constitutes a deviation of at least five feet and finally,
that the tower will be mostly viewed and appreciated from a greater distance
than the base where the longer building planes associated with the tower are
proportionally appropriate.
Hotel Density Reserve:
The project has been reviewed for compliance with those criteria established
within Beach by Design concerning the allocation of hotel rooms from the
Reserve. The project appears to be generally consistent with those criteria,
including that the development comply with the Metropolitan Planning
Organization’s (MPO) countywide approach to the application of traffic
concurrency management for transportation facilities. The submitted Traffic
Impact Study concludes that traffic operations at nearby intersections and on
adjacent roadways would continue at acceptable levels of service.
Standards for Development Agreements:
The proposal is compliant with the standards for development agreements, is
consistent with the Comprehensive Plan and furthers the vision of beach
redevelopment set forth in Beach by Design. The proposed first amended and
restated amendment to the existing Development Agreement will be in effect for
a period not to exceed ten years, meets the criteria for the allocation of rooms
from the Hotel Density Reserve under Beach by Design and includes the
following main provisions:
Provides for no change in the number of units (100 units) allocated from the
Hotel Density Reserve (previously approved as part of HDA2014-
06004/Resolution No. 14-29 and amended by HDA2015-06001/Resolution
No. 15-19);
Adds Exhibit A-1 by to provide a legal description for the added parcel;
Revises Exhibit B which includes new conceptual site plans, architectural
drawings, elevations and perspectives and renames that exhibit to “Exhibit
B-1”;
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Exhibits C and D were not resubmitted because no significant changes are
proposed to these components except for updates to the total number of
proposed hotel units and to include the legal description of the added parcel
as provided by Exhibit A-1. This is referenced in Section 5 of the Statement
of Agreement.
Adds Exhibit E providing specific language pertaining construction and
maintenance regarding the proposed pedestrian bridge
Requires the developer to obtain building permits within one year of approval
of the amended and restated Development Agreement and certificates of
occupancy in accordance with Community Development Code (CDC)
Section 4-407;
Requires the return of any hotel unit obtained from the Hotel Density
Reserve that is not constructed;
For units allocated from the Hotel Density Reserve, prohibits the conversion
of any hotel unit to a residential use and requires the recording of a covenant
restricting use of such hotel units to overnight accommodation usage; and
Requires a legally enforceable mandatory evacuation/closure covenant that
the hotel will be closed as soon as practicable after a hurricane watch that
includes Clearwater Beach is posted by the National Hurricane Center.
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
hearing requirements of Section 4-206 are followed. Revisions to conceptual
site plans and/or architectural elevations attached as exhibits to this
Development Agreement shall be governed by the provisions of Section 4-406,
CDC. Minor revisions to such plans may be approved by the Community
Development Coordinator. Other revisions not specified as minor shall require
an amendment to this Development Agreement.
Mayor Cretekos departed Chambers at 9:24 a.m. and returned at 9:26 a.m.
Senior Planner Mark Parry said there are no units left in the reserve; the
applicant is not requesting any additional units. The 100 units that were
previously allocated remain the same. The additional parcel provided 50
base density units to the acre.
In response to questions, Mr. Parry said the applicant is providing excess
parking for public use; the new floor design has not been finalized but any
excess parking will be committed for public use. The proposed pedestrian
bridge does not provide direct access to the beach; the bridge goes directly
into the lobby of the Opal Sands building. Assistant City Attorney Mike Fuino
said part of the agreement requires access, restricting where the walkway
may be located.
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6. Solid Waste
6.1 Authorize trade-in of 2012 Case backhoe (G3924), to Trekker Group of, Tampa, FL for
the offered amount of $26,500, in accordance with Clearwater Code of Ordinances
Section 2.624, exceptions to auction sale bidding procedures, and authorize the
appropriate officials to execute same. (consent)
On October 3, 2019, Council authorized the purchase of replacement vehicles
and equipment per the fiscal year 2019/2020 budget. The 2012 Case 580SN
backhoe, S/N NJCC565247, asset number G3924, was designated to be
replaced in that action, with the intent to have Council declare it surplus for
auction sale at a future date. When a formal quotation for the new backhoe was
obtained the sales representative offered a trade-in value of $26,500 for the
surplus backhoe. Historical data indicates a value at auction of approximately
$17,000.
Council authorization to trade-in #G3924 is requested. Pursuant to Clearwater
Code of Ordinances Section 2.624(6), exceptions to auction sale bidding
procedures, Council approval is required for trade-in of any item with a current
market value of more than five thousand dollars ($5,000). Proceeds from the
trade-in are credited to Garage Fund surplus vehicle revenue (566-364413).
APPROPRIATION CODE AND AMOUNT:
566-364413, Surplus Vehicles
6.2 Approve a purchase order to Pinellas County Solid Waste for an operating expenditure
not-to-exceed $4,000,000 for the disposal of solid waste at the Pinellas County
waste-to-energy plant/landfill for the period of October 1, 2019 through September 30,
2020, as provided in the Clearwater Code of Ordinances, Section 2.564(1)(d) - Services
provided by Other Governmental Entities, and authorize the appropriate officials to
execute same. (consent)
Pinellas County Solid Waste operates the only waste-to-energy plant and landfill
in the county. All putrescible solid waste collected by the city is taken to this
facility. The amount requested takes into consideration the per ton tipping fee
increase for Fiscal Year 2019/20 from $37.50 to $39.75.
APPROPRIATION CODE AND AMOUNT:
Funds are requested as part of the FY 2020 Operating Budget of the Solid
Waste Fund. The expenditure allocation is as follows:
4242082-543500 (Solid Waste-Residential Collection-Dump Fees)
$1,531,000
4242083-543500 (Solid Waste-Commercial Collection-Dump Fees)
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Council Work Session Meeting Minutes November 4, 2019
$1,538,000
4242089-543500 (Solid Waste-Roll-Off Collection-Dump Fees)
$931,000
6.3 Approve award of Invitation to Bid 55-19 for the purchase and installation of on-board
tractor and trailer weighing systems from Tampa Crane and Body Acquisition, LLC in the
amount of $120,700 and authorize the appropriate officials to execute same. (consent)
Bid 55-19 was issued by the Purchasing Department on September 12, 2019.
Two bids were received in response to the bid. Staff is recommending the
acceptance of the lower bid from Tampa Crane & Body Acquisition, LLC.
The on-board tractor and trailer weighing system will allow the City’s new
transfer station to operate at maximum efficiency by providing accurate,
real-time load weights as the trailers are being loaded. Weights are
communicated via two digital displays: the first is dash mounted for the driver in
the tractor and the second is wall mounted for the crane operator overseeing
the loading process. Having real-time load weights during the loading process
prevents under-loading trailers, which negatively impacts efficiency, and
prevents over-loading trailers, which subjects drivers to costly DOT fines and
may result in damaged equipment. Without an on-board weighing system all
the city’s outbound tractor-trailers would be required to drive across the city’s
in-ground scales to be weighed. This is the point at which overloaded trailers
would be identified and sent back to the transfer station to have part of its load
removed - a slow and costly process that would impact the overall operations of
the entire facility.
APPROPRIATION CODE AND AMOUNT:
Funds are available in capital improvement project SRTS 1800001 Solid Waste
Transfer Station Upgrade & Retrofit.
7. Official Records and Legislative Services
7.1 Appoint two members to the Municipal Code Enforcement Board with terms to expire
October 31, 2022.
APPOINTMENT WORKSHEET
BOARD: Municipal Code Enforcement Board
TERM: 3 years
APPOINTED BY: City Council
FINANCIAL DISCLOSURE: Required
RESIDENCY REQUIREMENT: City of Clearwater
SPECIAL QUALIFICATIONS: Whenever possible, this Board shall include an
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Council Work Session Meeting Minutes November 4, 2019
architect, engineer, businessperson, general contractor, sub-contractor & a
realtor
MEMBERS: 7
CHAIRPERSON: Sue Johnson
MEETING DATES: 4th Wed., 1:30 p.m.
Nov. and Dec. - TBA
APPOINTMENTS NEEDED: 2
THE FOLLOWING ADVISORY BOARD MEMBERS HAVE TERMS WHICH
EXPIRE AND NOW REQUIRE EITHER REAPPOINTMENT FOR A NEW
TERM OR REPLACEMENT BY A NEW APPOINTEE:
1. Daniel Engel - 211 S. Prospect Ave., #603, 33756 - Retired Engineer
Original Appointment: 10/20/16
(0 Absences in the past year)
Interest in Reappointment: YES
(currently serving 1st term to expire 10/31/19)
2. Michael R. Mannino - 1212 Sedeeva Cir. S., 33755 - Business, Finance, Real
Estate
Original Appointment: 1/18/18
(1 Absence in the past year)
Interest in Reappointment: YES
(currently filling unexpired term to expire 10/31/19)
THE NAMES BELOW ARE BEING SUBMITTED FOR CONSIDERATION TO
FILL THE ABOVE VACANCIES:
1. Greg A. Brown - 1424 Barry St., 33756 - Production/Tour Manager
(currently serving on the Nuisance Abatement Board)
2. Kerry Fuller - 1108 Woodley Rd., 33764 - Real Estate Consultant
Zip codes of current members:
1 at 33755; 1 at 33756; 1 at 33764; 1 at 33765; 3 at 33767
Current Categories:
1 Business, Finance, Real Estate
1 Humanities and Fine Arts
1 Retired/BA Inst. Court Management
1 Retired Engineer
1 Retired/BS Chemistry
1 Retired/Exec. Dir. Clearwater Beach Chamber of Commerce
1 Sales/Service
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Council Work Session Meeting Minutes November 4, 2019
In response to a question, the City Clerk said Mr. Mannino is not required to
resign from the Municipal Code Enforcement Board to run for city council. If
elected, Mr. Mannino will no longer be able to serve on the Board and a
new appointment will be required.
There was consensus to re-appoint Mike Mannino and Daniel Engel. Staff
was directed to place the item on the Consent Agenda.
7.2 Appoint one member to the Public Art and Design Board as a citizen representative to fill
the remainder of an unexpired term through April 30, 2021.
APPOINTMENT WORKSHEET
BOARD: Public Art and Design Board
TERM: 4 years
APPOINTED BY: City Council
FINANCIAL DISCLOSURE: Not Required
RESIDENCY REQUIREMENT: City of Clearwater resident except for the
Clearwater Arts Alliance, Inc., formerly, Clearwater Arts Foundation, and the
Creative Pinellas representatives
MEMBERS: 7
Liaison: Christopher Hubbard, Cultural Affairs Coord.
CHAIR: Jerri Menaul
MEETING DATE: Quarterly - January, March, June, Sep.
TIME/PLACE: Chambers
APPOINTMENTS NEEDED: 1
THE FOLLOWING BOARD MEMBER RESIGNED AND NOW REQUIRES
REPLACEMENT BY A NEW APPOINTEE:
1. Karen Cunningham - 2392 Stag Run Blvd., 33765 - Retired/MPO Planner
Original Appointment: 4/18/13
(was serving 2nd term to expire 4/30/21)
Resigned 10/09/19
(Citizen)
THE FOLLOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION
TO FILL THE ABOVE VACANCY:
1. Jonathan Barnes - 1613 Maple St., 33765 - Humanities and Fine Arts
(currently serving on the Municipal Code Enforcement Board)
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Council Work Session Meeting Minutes November 4, 2019
2. Meg Taylor - 1423 Pine Brook Dr., 33755 - Analyst
(currently serving on the Nuisance Abatement Board)
Zip codes of current members:
1 - 33755
1 - 33761
1 - 33764
1 - 33765
1 - 33786
Current Categories:
1 Artist/Art Business Owner
2 Citizens
1 Clearwater Arts Alliance Inc.
1 General Contractor
There was council consensus to appoint Jonathan Barnes. Staff was
directed to place the item on the Consent Agenda.
7.3 Amend the Clearwater Code of Ordinances, Section 2.082, changing the composition of
the Airpark Advisory Board to allow ex-officio members and pass Ordinance 9350-19 on
first reading.
The Airpark Advisory Board may initiate studies and make recommendations on
the operation and maintenance of the airpark to the City Council, which may
benefit from technical expertise unavailable locally.
The proposed code amendment will allow the appointment of an ex-officio
member with technical expertise. The ex-officio member will not be required to
live within city limits.
7.4 Amend City Council Policies 2-2, Audit Committee, 3-7, Information Available to the
Public and Press, and 5-14, Welcome Letters and add City Council Policies 6-2, Brick
Streets, and 8-5, Renaming City Parks.
Policy 2-2 - Audit Committee
To comply with recent amendments to Florida Statutes 218.391(2), City Council
Policy 2-2 is being amended to require an audit committee for the selection of a
Certified Public Accounting firm for the annual audit. Staff is proposing the
following changes to Policy 2-2:
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Council Work Session Meeting Minutes November 4, 2019
Auditor Selection Committee. It is a policy of the City Council to have an
Auditor Selection Committee for the selection of a Certified Public Accounting
firm for the annual financial audit, in compliance with Section 218.391, Florida
Statutes. The Auditor Selection Committee will be appointed by the City Council
and may shall be comprised of one council members, who shall act as chair
and at least two members to be chosen by City Ccouncil appointees, who are
not officers and/or city employees of the City. as determined by the City
Council. The Auditor Selection Committee may include the City Auditor and the
City Finance Director to serve in non-voting advisory capacity only in
accordance with the requirements of Section 218.391, Florida Statutes. The
Auditor Selection Committee will be responsible to solicit proposals via a
competitive RFP process every five years at a minimum assist City Council in
selecting an external auditor to conduct the annual financial audit and serve
other audit oversight purposes in accordance with the requirements of Section
218.391, Florida Statutes. The Auditor Selection Committee may also manage
the audit process as appropriate.
Policy 3-7, Information Available to the Public and Press
Since materials prepared by the City Manager and the City Attorney for the City
Council may be distributed through Public Communications, Official Records
and Legislative Services, or other appropriate staff, the following changes are
being proposed:
Information Available to Public and Press. All material prepared by the City
Manager and City Attorney for the Council shall be provided to the press and to
the public via the Official Records and Legislative Services Department within a
reasonable amount of time.
Policy 5-14, Welcome Letters
Since welcome letters to recently annexed property owners are including in new
resident welcome packages, staff is recommending the following change:
Welcome Letters. Upon adoption of an Annexation Ordinance staff will prepare
a letter for the Mayor’s signature welcoming the property owner to Clearwater.
Policy 6-2, Brick Streets
On September 3, 2015, Council adopted a policy regarding the installation of
brick streets within the city. Although adopted within Engineering, the policy was
never incorporated into City Council Policies. Staff is proposing to add the
following:
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Council Work Session Meeting Minutes November 4, 2019
Brick Streets. The purpose of this policy is to provide a means by which
residents that currently own property on an asphalt street or deteriorated
existing brick street can obtain a brick street without unduly burdening the city’s
limited street repair funds. The intent of the policy is to define who bears the
cost for the brick street surface upgrade.
The City is responsible for the maintenance of streets to insure vehicular and
pedestrian safety and improve and maintain ride-ability. The typical practice for
road resurfacing is an asphalt overlay on an existing asphalt road. The
Engineering Department has a budget for the maintenance of such roads. The
life span of an asphalt road is approximately 10 - 15 years. The life span of a
properly installed brick street is estimated to be 40 - 50 years.
Property owners residing within an easily delineated neighborhood within the
city may request the City to resurface their street(s) with brick. The petitioning
process and the cost sharing principles for such action are described herein.
For the purpose of this policy, two categories for street bricking have been
identified. The assessment to contiguous property owners will be determined
based upon the category that fits the proposed street. The two categories are:
1. Existing Brick Street
This category includes all existing brick streets. On many of these streets
the condition of the road base underlying the brick surface has deteriorated.
Historically, the original brick roads were built upon existing sandy soil that
has allowed the brick to shift and settle over time, creating an undesirable
road surface.
To achieve a satisfactory road surface, the existing bricks must be removed
and a
proper road base installed. Since some loss of bricks occurs during the
removal and reclamation process, there will not be a sufficient quantity of
bricks remaining to be immediately replaced in the roadbed.
Property owners on these streets may request the City to remove the
existing bricks and replace them with new clay street bricks by requesting
the City to petition all property owners on the street(s). The clay bricks
removed will be reclaimed by the city and stored for future use in other
areas of the city. In this case, an assessment will not be levied on the
property owners because of the pre-existence of clay bricks.
2. Existing Asphalt Street
Residents may request the City to replace an existing asphalt street with
new street bricks by requesting the City to petition all property owners on the
street(s).
The cost for the bricking project will be calculated and will include the costs
of new street bricks, sand, curbs, bedding, leveling material, labor and
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City of Clearwater
Council Work Session Meeting Minutes November 4, 2019
equipment; less the cost for installation of a two-inch thick asphalt surface.
The net cost will be assessed to each property owner based on the linear
footage of property frontage or other basis consistent with Chapter 27
Clearwater Code of Ordinances, Chapter 170 Florida Statutes or other
applicable laws.
The following procedure will be used by property owners and the City in
upgrading existing asphalt streets in a residential or commercial area:
A. Property owners may request the City to replace the existing street
surface with new clay street bricks by requesting the City to petition all
property owners on the street(s). The petition results must show positive
interest of property owners owning a majority (51%) of the property
frontage on the street (or neighborhood) to be bricked. The City petition
process will be conducted so that 100% of the property owners on the
proposed street(s) have been informed of the petition and the potential
impact it may have on their property. A good faith attempt will be made
to notify all property owners of the petition, i.e. registered letter or
certified mail. Petitions not returned to the City within 30 days of receipt
will be considered as a no vote.
The petition will include the following information and statements:
(See sample in Appendix A)
1. Identification of the area to include street names and lots or
properties within the area. The proposed street must be at least
one block long, i.e. intersection to intersection.
2. A statement indicating that the individual signing a petition
recognizes that there may be a cost increase borne by them
through a special assessment program, if the petition is
approved by the City of Clearwater. A preliminary non-binding
cost estimate for each property will be included with the petition
form.
3. Signatures of individuals or entities owning property within the
designated area. Signatures of persons or entities renting or
leasing property will not be considered.
B. The Engineering Department will review the request to identify issues
that may relate to public safety, health and welfare. The Department will
either recommend approval with conditions as necessary or reject the
request if it is deemed invalid or not suitable due to public health, safety
or welfare reasons.
C. Implementation of the special assessment will comply with Chapter 27
Clearwater Code of Ordinances, Chapter 170, Florida Statutes, or other
applicable provisions of law. The City will coordinate the installation of
new street bricks and curbing with the imposition and levy of the special
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Council Work Session Meeting Minutes November 4, 2019
assessments.
D. Upon approval of the special assessment by the City Council, the
Engineering Department will hold a coordination meeting between the
appropriate City staff and the property owners in order to establish
installation schedules and procedures.
It is the responsibility of City staff to prioritize requests when multiple
requests for petitions have been submitted. The Engineering staff first will
determine when the street is anticipated to be scheduled for resurfacing
based on the latest Pavement Condition Survey. Priority will be given to
those requests for roads that have the lowest Pavement Condition Index.
Additionally, streets with scheduled underground utility projects which would
necessitate complete resurfacing would be prioritized based on the
scheduled date of the utility project.
All street bricking requests will be subject to the availability of interim
funding. In the situation where there are more requests than funds available,
the proposed requests will be delayed until sufficient funds are available.
The following brick types are acceptable for this policy:
New Clay Brick Pavers:
8"L x 4"W x 2 3/4" min. H heavy vehicular clay paving brick
meeting ASTM C 1272, Type F as manufactured by Pine Hill
Brick or equal as determined by the Engineering Department.
Color will be determined jointly with city staff and the area
property owners from an approved City color palette.
The developer of a new subdivision may elect to install brick streets.
However, installation costs in new subdivisions are required to be paid by
the developer at the time of installation and will not be assessed to the
individual lots. The developer is required to follow City of Clearwater
Engineering Standards for brick road installation.
Policy 8-5 - Renaming City Parks
Established by the adoption of Resolution 09-31, staff is proposing to include
the process of renaming city parks in City Council Policies, which will read as
follows:
Renaming City Parks. The Parks and Recreation Board will not consider any
requests to rename existing parks unless requested by motion of the City
Council (per Resolution 09-31). The Board will conduct an advertised public
hearing for the proposal and formulate a recommendation to the City Council for
a final decision.
There was council consensus to amend city council policies as presented,
minus the Brick Streets and Welcome Letters policies. Staff was directed to
place the item on the Consent Agenda and to schedule a future discussion
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City of Clearwater
Council Work Session Meeting Minutes November 4, 2019
on the required threshold for the Brick Streets policy.
7.5 Approve the 2020 State Legislative Agenda.
There was council consensus to add increase funding for mental health
services and grant municipalities authority to regulate the length of time
vessels may moor in local waterways under Issues to Support. It was
suggested that the fourth bullet under Issues to Oppose be amended as
follows, "Weaken existing laws related to offshore oil drilling in the Gulf of
Mexico."
8. Legal
8.1 Approve a Legal Services Agreement with Jay Daigneault, Esq. of Trask Daigneault,
LLP, for representation of the Community Development Board, Building and Flood Board
of Adjustment and Appeals, and Nuisance Abatement Board, and authorize the
appropriate officials to execute same. (consent)
The current Legal Services Agreement with Jay Daigneault was approved in
2013 and was ongoing unless terminated.
Mr. Daigneault has requested to increase his hourly rate from $150.00 to
$160.00. The City Attorney believes this is a very reasonable rate for his
services.
The new agreement also has a five-year term, in accordance with current
purchasing procedures.
APPROPRIATION CODE AND AMOUNT:
Funds are available in cost code 0109600-530100 to fund this contract.
8.2 Adopt Ordinance 9298-19 on third reading, annexing certain real property whose post
office address is 1819 Audubon Street, Clearwater, Florida 33764, together with a
certain portion of Audubon Street right-of-way, into the corporate limits of the city and
redefining the boundary lines of the city to include said addition.
8.3 Adopt Ordinance 9299-19 on second reading, amending the future land use plan element
of the Comprehensive Plan of the city to designate the land use for certain real property
whose post office address is 1819 Audubon Street, Clearwater, Florida 33764, upon
annexation into the City of Clearwater as Residential Low (RL).
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8.4 Adopt Ordinance 9300-19 on second reading, amending the Zoning Atlas of the city by
zoning certain real property whose post office address is 1819 Audubon Street,
Clearwater, Florida 33764, upon annexation into the City of Clearwater as Low Medium
Density Residential (LMDR).
8.5 Adopt Ordinance 9308-19 on second reading, making an amendment to the Community
Development Code Appendix B, US 19 Zoning District and Development Standards,
Section B-303, Table 2, to expand the geographic area where self storage warehouse
use is permitted, to include a certain parcel with frontage of Seville Boulevard, subject to
FLS approval.
8.6 Adopt Ordinance 9309-19 on second reading, annexing certain real property whose post
office address is 2108 Palmetto Street, Clearwater, Florida 33765, into the corporate
limits of the city and redefining the boundary lines of the city to include said additions.
8.7 Adopt Ordinance 9310-19 on second reading, amending the future land use element of
the Comprehensive Plan to designate the land use for certain real property whose post
office address is 2108 Palmetto Street, Clearwater, Florida 33765, upon annexation into
the City of Clearwater, as Industrial Limited (IL).
8.8 Adopt Ordinance 9311-19 on second reading, amending the Zoning Atlas of the city by
zoning certain real property whose post office address is 2108 Palmetto Street,
Clearwater, Florida 33765, upon annexation into the City of Clearwater, as Industrial,
Research and Technology (IRT).
8.9 Adopt Ordinance 9312-19 on second reading, annexing certain real property whose post
office address is 1421 West Virginia Lane, Clearwater, Florida 33759, into the corporate
limits of the city and redefining the boundary lines of the city to include said addition.
8.10 Adopt Ordinance 9313-19 on second reading, amending the future land use plan element
of the Comprehensive Plan of the city to designate the land use for certain real property
whose post office address is 1421 West Virginia Lane, Clearwater, Florida 33759, upon
annexation into the City of Clearwater as Residential Low (RL).
8.11 Adopt Ordinance 9314-19 on second reading, amending the Zoning Atlas of the city by
zoning certain real property whose post office address is 1421 West Virginia Lane,
Clearwater, Florida 33759, upon annexation into the City of Clearwater as Low Medium
Density Residential (LMDR).
8.12 Adopt Ordinance 9318-19 on second reading, annexing certain real property whose post
office address is 1861 East Drive, Clearwater, Florida 33755, into the corporate limits of
the city and redefining the boundary lines of the city to include said addition.
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Council Work Session Meeting Minutes November 4, 2019
8.13 Adopt Ordinance 9319-19 on second reading, amending the future land use plan element
of the Comprehensive Plan of the city to designate the land use for certain real property
whose post office address is 1861 East Drive, Clearwater, Florida 33755, upon
annexation into the City of Clearwater as Residential Low (RL).
8.14 Adopt Ordinance 9320-19 on second reading, amending the Zoning Atlas of the city by
zoning certain real property whose post office address is 1861 East Drive, Clearwater,
Florida 33755, upon annexation into the City of Clearwater as Low Medium Density
Residential (LMDR).
9. City Manager Verbal Reports
9.1 Waterfront Redevelopment Update: Coachman Park; North Marina - Michael Delk,
Assistant City Manager
City Administration will update the City Council on the current status of the
following waterfront/redevelopment area projects: North Marina; North
Ward School; HRA Economic Update status; Library Enhancement; 30%
Coachman Park Redevelopment Plan; Bridge Lighting.
Assistant City Manager Michael Delk, *Geographic Technology Manager
Tom Mahony and Marine and Aviation Director Ed Chesney provided a
PowerPoint presentation.
In response to questions, Mr. Delk said the park will not be closed when
activated during events. The public outreach sessions for the 30%
plan review will be held on December 3rd from 6:00 p.m. to 8:00 p.m. in
Council Chambers and December 4th from 6:00 p.m. to 8:00 p.m. at the
Countryside Library meeting room; a weekday event will be planned for
North Greenwood and a weekend session at the Downtown Library will be
scheduled soon.
Staff was directed to provide a SharePoint link to the 30% plans.
10. City Attorney Verbal Reports – None.
11. Council Discussion Item
11.1 City Manager/City Attorney Salary Discussion
The performance evaluation discussions for the City Manager and City Attorney
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Council Work Session Meeting Minutes November 4, 2019
were conducted by City Council at the October 3, 2019 City Council Meeting.
The council discussion concerning salary is conducted at the subsequent
meeting. For Fiscal Year 2020 3.5% has been budgeted consistent with all
SAMP employees, any increase above 3.5% would require a budget
amendment using an appropriation from general fund reserves.
In response to questions, Human Resources Director Jennifer Poirrier said
Miami Beach has been used historically as one of the comparative cities with
similar population and employee count for the city manager position. If
removed, the city manager's salary would be 7.8% behind all the
comparative jurisdictions based on population and 0.5% above the
comparative jurisdictions based on employee count. If the county jurisdiction
is removed for the city attorney comparatives, the salary analysis does not
change.
11.2 Downtown Parking Garage Site - Councilmember Polglaze
Councilmember Polglaze said he wanted a public discussion about a
Downtown parking garage since Imagine Clearwater is moving along and
one will be needed. He questioned if there was still a preferred site, if the
parking analysis was correct and how many parking spaces will be
needed. He said the parking analysis did not include the CMA or City Hall
parking lots or identify the six city-owned parking facilities that would be
eliminated.
Discussion ensued with comments made that additional parking in
Downtown will be needed in the future but that the completed parking
analysis is needed in order to discuss a preferred site.
The City Manager said staff has been working on the city hall site.
Council recessed from 10:56 a.m. to 11:05 a.m.
11.3 Building Department Practices - Councilmember Allbritton
Councilmember Allbritton said many have expressed concerns regarding the
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development review process in Clearwater. Specifically, when the applicant
or developer address the issues raised by staff and the application is
reviewed again and new comments arise. He suggested applications be
reviewed only once, particularly when the review process takes six weeks to
complete. He also expressed a concern with requiring applicants to re-print
plans every time they are reviewed. Councilmember Allbritton suggested
implementing an ombudsman in the Building Department and revising the
development review process. He supported the 2019 Charter Review
Committee's recommendation to have an ombudsman who can walk
residents through the process.
Discussion ensued with comments made that the concerns raised stem from
a communication problem, that staff's customer service mindset needs to
change, and that timing expectations to process an application must be
understood.
The City Manager said the complaints about the City's permitting system
have been raised since 1988. Staff has continued to make system
improvements and there are still opportunities for improvements. When a
complaint is made, staff analyzes the matter to determine what actually
happened; most often the problem has been due to the developer, contractor
or applicant. He said not all developers or contractors are skilled enough to
follow the process and need more staff assistance. He will provide
Councilmember Allbritton the opportunity, as a former contactor, to meet with
staff and identify potential system improvements and come back to Council
for further discussion.
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 11:31 a.m.
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