11/18/2019 Council Work Session Meeting Minutes November 18, 2019
City of Clearwater
Main Library- Council Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
Meeting Minutes
Monday, November 18, 2019
9:00 AM
Main Library - Council Chambers
Council Work Session
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City of Clearwater
Council Work Session Meeting Minutes November 18, 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, Richard Hull —
Assistant 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. Presentations — Given.
2.1 November Service Awards
Five service awards were presented to city employees.
The Council recessed from 9:12 a.m. to 9:26 a.m. to meet as the Community
Redevelopment Agency.
3. City Manager
3.1 Approve a three-year Clearwater Beach Route Funding Agreement between Pinellas
Suncoast Transit Authority (PSTA) and the City for an amount equal to actual revenue
hours multiplied by 25% of the rate billed to PSTA by Jolley Trolley along the Clearwater
Beach Route and authorize the appropriate officials to execute same. (consent)
The City of Clearwater and Pinellas Suncoast Transit Authority (PSTA) entered
into a one-year agreement to fund the Non-Spring Break related Jolley Trolley
service since 2016 and amended that agreement in 2017 and 2018 to extend
the funding to those years. The agreement funded the Clearwater Beach
Route, which provided service from Island Estates to North Beach and South
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Council Work Session Meeting Minutes November 18, 2019
Beach. That agreement called for the City and PSTA to split the remaining cost
of Jolley Trolley operations after estimated advertising and farebox revenues
were applied. The City capped its contribution to the expense at 10,417
revenue hours.
In review of the agreement this year, both PSTA and the City identified
challenges in continuing with the past formula that was related to a separate
2017 agreement between Jolley Trolley and PSTA, which altered the way Jolley
Trolley and PSTA receive revenues, making tracking revenues much more
difficult. In response to this, the City and PSTA worked to identify an alternative
formula, which both agree is more functional and appropriate.
The new formula calls for the City to pay PSTA for 25% of the revenue hours
billed to PSTA by Jolley Trolley for the Beach Route, at a rate consistent with
the contract rate agreed upon in the PSTA/Jolley Trolley agreement.
Additionally, the new agreement is a three-year agreement instead of a one-year
agreement and while the number of revenue hours the City pays for will remain
at 25%, the rate at which we will be required to pay will escalate in a manner
consistent with the contract rate agreed upon in the PSTA/Jolley Trolley
agreement (roughly 3% per year) as defined by the agreement.
PSTA has also requested an increase in the number of hours the City will pay.
As stated above, the original agreement called for the city to pay revenue hours
in an amount not to exceed 10,417 annually using a route that serviced North
and South Beach from Island Estates with service on the half-hour. In 2018,
PSTA added a stop to Downtown Clearwater and the new Clearwater Beach
Transfer Station (CBTS) and began funding an additional trolley to maintain the
half-hour service delivery time on the South Beach Route, which caused
revenue hours for the Jolley Trolley to exceed the City's not to exceed amount of
10,417 annually. PSTA has been required to cover those added costs since
2018 but is now asking the City to contribute to the expanded service and has
expressed that it will need to revert to the previous service model if the City is
not willing to fund the expanded service. Staff has identified below the impact of
both options for council review:
1) Fund added service to Downtown - 14,136 estimated annual hours (current
operations since February 2018), includes:
North Beach Route serving North Mandalay to north Island Estates (1
vehicle for regular daily service) (30 min headway)
South Beach Route serving Sand Key to Downtown Clearwater/Park Street
Terminal (2 vehicles for regular daily service) (30 min headway)
Cost of option 1 to the city in FY (Fiscal Year) 2020 is estimated at $285,547
for year 1 of the agreement. The budget for FY21 and FY22 will be
requested at this level plus a 3% escalator.
2) Fund original service only - 9,617 estimated annual hours (historic routing
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Council Work Session Meeting Minutes November 18, 2019
ended with opening of CBTS in February 2018), includes:
North Beach Route serving North Mandalay to north Island Estates (1
vehicle for regular daily service) (30 min headway)
South Beach Route serving Sand Key to Island Estate Publix (1 vehicle for
regular daily service) (30 min headway)
No direct Jolley Trolley service to Downtown Clearwater - requires transfer
to Suncoast Beach Trolley or Coastal Routes at CBTS or Marina
Cost of Option 2 to the City in FY2020 is estimated at $194,263 for year 1 of
the agreement.
The FY2019 ridership numbers for the Jolley Trolley were 389,822. This
includes ridership during Spring break. Since option 1 provides direct Jolley
Trolley service to downtown and results in improved on time performance and
service reliability, staff is recommending option 1.
APPROPRIATION CODE AND AMOUNT:
4351333-581000
Funds are included in the approved FY2020 Parking System operating budget
for the first year of this agreement. Consistent with the approval of this
agreement, funding for fiscal year 2021 and 2022 will be included in the
department's budget request.
In response to questions, Assistant City Manager Micah Maxwell said it is
hard to compare the current rate to previous rates since it is a different
system. Assistant to the City Manager Jim Halios said the current rate
formula provides the City more cost certainty. The fare box recovery formula
fluctuates, when not high enough, the City's contribution rate increases. He
said the City pays 25% of the overall rate. PSTA and Jolley Trolley have
agreed to an hourly rate of$87, the City pays 25% of the hours associated
with the city routes and PSTA pays the remaining balance. Mr. Halios said
the cost for the agreement is expected to cost about the same as last year.
Council could limit the number of hours of service. The three-year agreement
is based on PS TA's agreement with Jolley Trolley and other partners. The
City's agreement includes a 3% cost escalation, other municipalities have a
5% cost escalation. Assistant City Attorney Mike Fuino said Section 3 of the
agreement includes language allowing the City to cancel the agreement for
insufficient funds. Mr. Maxwell said the original agreement did not include
Downtown or the Beach transfer, when the routes were added, PSTA
undertook those costs. The City is paying more for those additional service
routes. Transportation Planner Ric Hartman said the Downtown service
began in 2018 and resulted in additional hours, staff supports continuing the
service. Mr. Maxwell said if the cost exceeds $285,000 annually, a budget
amendment will be needed.
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PSTA Chief Development Officer Cassandra Borchers said the service was
expanded from Island Estates to Downtown in February 2018, which has
proven to be a critical route. At that time, PSTA did not pass on those costs
to the City. PSTA has seen an increase in ridership but a lower fare box
recovery. She said the route produces 40,000 rides annually. The FYI cost
to Clearwater included only the service hours to Island Estates since it takes
approximately two years to build ridership. The cost per hour to the City is
being reduced. She said PSTA will pay for marketing to ensure the route is
successful.
4. Finance
4.1 Approve the renewal of an Agreement with Commercial Risk Management, Inc., of
Tampa, Florida, for the management and administration of workers compensation
claims, from February 1, 2020 through January 31, 2021, pursuant to Clearwater Code of
Ordinances Section 2.564 (1) (i), services associated with Workers Compensation
exempt from bidding for a not-to-exceed total of$25,000; and authorize the appropriate
officials to execute same. (consent)
The Risk Management Division of the Finance Department has a current
agreement approved in February 2019 by City Council, expiring January 31,
2020 with Commercial Risk Management, a third-party administrator, for
administration of workers compensation claims including lost time claims,
claims involving litigation, complex medical claims, and medical only claims
(when warranted). Their services would be needed if the City receives an
overload of complicated medical claims or if City claims staff issues arose.
The requested renewal retains the same fee structure as the current
agreement. An annual administrative fee of$2,500 has been added to provide
consulting services on pending claims,-which will greatly benefit the City
administration of claims.
For indemnity/lost-time claims the fee is $1,000, and for medical-only claims,
$250. Complicated medical-only claims, and/or claims needing investigation
have a fee of$500.
The third annual term of this Agreement will commence February 1, 2021 and
will have one additional renewal term option to be documented in writing by both
parties.
The retention of Commercial Risk Management to administer and manage our
more complex and litigative claims will provide Risk Management and the City
greater effectiveness in the investigative and fiscal management of our Workers
Compensation claims program when needed. Staff projects a potential of 20 -
25 claims annually which may be referred for their services.
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APPROPRIATION CODE AND AMOUNT:
Account# 5909830-530300 $25,000
4.2 Approve a two-year renewal of CorVel Healthcare Corporation's Agreement for the
review of Workers Compensation Medical bills and Pharmacy Benefit Management
services in the not-to-exceed amount of$170,000 for term January 1, 2020 through
December 31, 2021, pursuant to Clearwater Code of Ordinances Section 2.564 (1) (i),
services associated with Workers Compensation exempt from bidding; and authorize the
appropriate officials to execute same. (consent)
Council previously approved the current pricing agreement with CorVel, for the
period January 1 through December 31, 2019, with a not-to-exceed amount of
$120,000.
For the renewal of January 1, 2020, CorVel has proposed a two-year
amendment to the original agreement which will increase the Bill Review
Service Fee from $6.90/bill to $7.11/bill through December 31, 2020, and
$7.32/bill through December 31, 2021. All other rates will remain the same. This
is the final renewal allowed under the Council approved agreement that was
initially effective January 1, 2017 thru December 31, 2017.
Staff is requesting a not-to-exceed amount of$170,000 for the two-year period
of January 1, 2020 through December 31, 2021.
The new rate structure will result in an estimated 1% increase in total costs
over the previous year.
APPROPRIATION CODE AND AMOUNT:
Account# 5907590-545800 $170,000
4.3 Authorize the issuance of not-to-exceed $30,000,000 of City of Clearwater, Florida
Non-Ad Valorem Revenue Bonds, Series 2020 (Imagine Clearwater Improvements) and
adopt Resolution 19-34.
Resolution 19-34 authorizes the issuance of not-to-exceed $30,000,000 of City
of Clearwater, Florida Non-Ad Valorem Revenue Bonds, Series 2020, to finance
and/or reimburse a portion of the costs of acquisition, design, construction,
reconstruction, renovation, expansion, improving, and equipping of the Imagine
Clearwater Project.
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The bonds will be issued as covenant to budget and appropriate legally available
non-ad valorem revenues bonds (CBA bonds). CBA bonds are not a traditional
revenue pledge (such as a Stormwater revenue bond), but rather a covenant, or
"promise" to budget and appropriate non-ad valorem revenues each budget
year, sufficient to pay debt service and other costs of the bonds. In addition, this
resolution provides for certain covenants and agreements for the benefit of the
bondholders and authorizes certain officials and employees to take all actions
needed in connection with the sale.
In response to questions, Assistant City Manager Michael Delk said the
covered seating and back of house was added in April, pushing the
amphitheater project to $14 million. Finance Director Jay Ravins said the
item before Council is a covenant to budget non ad valorem tax dollars,
which also funds the general fund. To the extent that staff draws on the non
ad valorem, there could be an impact down the road, as any general fund
expenditure could lead to increased property taxes down the road. Mr.
Ravins said this is an additional expenditure to the general fund. Non ad
valorem funding sources include utility taxes, franchise fees, and the other
revenue categories within the general fund, these funds are used to cover
the debt service for these bonds. The non ad valorem funds pay a majority of
the general fund expenditures. Assistant City Manager Micah Maxwell said
the original funding strategy totaled $49 million that included $25.5 in
bonding, there is approximately$15 million that remains unfunded.
5. Parks and Recreation
5.1 Phillies Update (WSO)
Parks and Recreation Director Kevin Dunbar said discussions with Pinellas
County have been pulled back in order to receive definitive details from the
architect, which is expected within the next 60 days, and more detailed cost
numbers. Staff is developing the marketing development piece for the
Carpenter Complex and identifying applicable TDT funds for MLB Spring
Training.
6. Engineering
6.1 Approve a six-year agreement with Reiss Engineering, Inc., of Orlando, FL, in the amount
of$4,175,000 for Water and Reclaimed Water Program Consultant Services
(18-0040-UT) and authorize the appropriate officials to execute same. (consent)
Request for Qualifications (RFQ 19-19) was issued seeking qualified consulting
firms to provide assessment, design, procurement, and construction
engineering inspection services (CEI) for projects related to the potable and
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reclaimed distribution systems throughout the City.
February 2019, the RFQ Selection Committee, consisting of representatives
from Public Utilities and Engineering departments, met after independent review
to discuss their ranking of the engineering firms and prepare a short-list for
interviews.
March 2019, after formal presentations of the short-listed firms, the RFQ
Selection Committee selected Reiss Engineering, Inc. to provide the requested
Water and Reclaimed Water Program Consultant Services.
Services include assessment of existing pipeline conditions; design services for
replacement or relocation of water and reclaimed water mains; reconnection of
service laterals to water and reclaimed water mains; removal of existing pipe
network; restoration and upgrades to all disturbed areas; and Construction
Engineering Inspection (CEI) services.
The City of Clearwater's Public Utilities Department owns, operates and
maintains the Water and Reclaimed Water distribution systems.
APPROPRIATION CODE AND AMOUNT:
Funding will be provided by various capital and operating codes as needed over
the next 6-year period.
6.2 Accept a sidewalk easement from the property owner for the installation, repair and
maintenance of a sidewalk on real property located at 380 S. Martin Luther King Jr.
Avenue and adopt Resolution 19-36.
This Sidewalk Easement will allow the City rights for installation, repair and
maintenance of a sidewalk as the 380 S. Martin Luther King Jr. Ave. site is
developed for commercial use.
6.3 Grant two Perpetual Easements to the Florida Department of Transportation for the
purpose of constructing and maintaining a pedestrian overpass at Harn Boulevard and
U.S. 19 North, authorize the appropriate officials to execute same and adopt Resolution
19-39.
The proposed perpetual easements will provide the Florida Department of
Transportation with property rights necessary to construct and maintain the
Pedestrian Overpass, which provides for community interest and public
welfare.
FDOT has indicated construction over the overpass will take place in
2021/2022.
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In response to questions, Real Estate Coordinator Robert Brzak said the
ramp and stairs have been designed. The project does not include an
elevator. FDOT will be maintaining the overpass.
7. Planning
7.1 Approve the annexation, initial Future Land Use Map designation of Residential Urban
(RU) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR)
District for 2048 The Mall, and pass Ordinances 9328-19, 9329-19 and 9330-19 on first
reading. (ANX2019-09019)
This voluntary annexation petition involves 0.114 acres of property consisting of
one parcel of land occupied by a single-family dwelling. It is located on the west
side of The Mall, approximately 570 feet south of Union Street. The applicant is
requesting annexation in order to receive sanitary sewer and solid waste
service from the City. The property is located within an enclave and is
contiguous to existing city limits to the north, east and west. It is proposed that
the property be assigned a Future Land Use Map designation of Residential
Urban (RU) and a Zoning Atlas designation of Low Medium Density Residential
(LMDR).
The Planning and Development Department determined that the proposed
annexation is consistent with the provisions of Clearwater Community
Development Code Section 4-604.E as follows:
• The property currently receives water service from the City. The closest
sanitary sewer line is located in the adjacent The Mall right-of-way. The
applicant is aware that the sewer impact fee must be paid prior to
connection and of the additional costs to extend city sewer service to
this property. Collection of solid waste will be provided to the property by
the City. The property is located within Police District II and service will
be administered through the district headquarters located at 645 Pierce
Street. Fire and emergency medical services will be provided to this
property by Station #51 located at 1720 Overbrook Avenue. The City has
adequate capacity to serve this property with sanitary sewer, solid
waste, police, fire and EMS service. The proposed annexation will not
have an adverse effect on public facilities and their levels of service; and
• The proposed annexation is consistent with and promotes the following
objectives and policy of the Clearwater Comprehensive Plan:
Objective A.6.4 Due to the built-out character of the City of
Clearwater, compact urban development within the urban
service area shall be promoted through application of the
Clearwater Community Development Code.
Objective A.7.2 Diversify and expand the City's tax base through
the annexation of a variety of land uses located within the
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Clearwater Planning Area.
Policy A.7.2.3 Continue to process voluntary annexations for
single-family residential properties upon request.
• The proposed Residential Urban (RU) Future Land Use Map category to
be assigned to the property is consistent with the Countywide Plan
designation. This designation primarily permits residential uses at a
density of 7.5 units per acre. The proposed zoning district to be
assigned to the property is Low Medium Density Residential (LMDR).
The use of the subject property is consistent with the uses allowed in
the District and the property meets the District's minimum dimensional
requirements. The proposed annexation is therefore consistent with the
Countywide Plan and the City's Comprehensive Plan and Community
Development Code; and
• The property proposed for annexation is contiguous to existing city limits
to the north, east and west; therefore, the annexation is consistent with
Florida Statutes Chapter 171.044.
7.2 Approve the annexation, initial Future Land Use Map designation of Residential Low (RL)
and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District
for 2765 Avocado Drive, and pass Ordinances 9331-19, 9332-19, and 9333-19 on first
reading. (ANX2019-09020)
This voluntary annexation petition involves a 0.205-acre property consisting of
one parcel of land occupied by a single-family dwelling. The property is located
on the south side of Avocado Drive approximately 190 feet west of Calamondin
Lane. The applicant is requesting annexation in order to receive solid waste
service from the City. The property is not contiguous to existing city boundaries;
however, it is in an enclave which is surrounded by properties within the City's
jurisdiction on all sides (Type A) and is eligible for annexation pursuant to the
Interlocal Service Boundary Agreement with Pinellas County. It is proposed that
the property be assigned a Future Land Use Map designation of Residential Low
(RL) and a Zoning Atlas designation of Low Medium Density Residential
(LMDR).
The Planning and Development Department determined that the proposed
annexation is consistent with the provisions of Community Development Code
Section 4-604.E as follows:
• The property currently receives water service from Pinellas County
and sanitary sewer service from the City of Clearwater. Collection of
solid waste will be provided by the City of Clearwater. The property is
located within Police District III and service will be administered through
the district headquarters located at 2851 McMullen Booth Road. Fire and
emergency medical services will be provided to this property by Station
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#49 located at 565 Sky Harbor Drive. The City has adequate capacity to
serve this property with solid waste, police, fire and EMS service. The
property will continue to receive water service from Pinellas County. The
proposed annexation will not have an adverse effect on public facilities
and their levels of service; and
• The proposed annexation is consistent with and promotes the following
objectives and policies of the Clearwater Comprehensive Plan:
Objective A.6.4 Due to the built-out character of the City of
Clearwater, compact urban development within the urban
service area shall be promoted through application of the
Clearwater Community Development Code.
Objective A.7.2 Diversify and expand the City's tax base through
the annexation of a variety of land uses located within the
Clearwater Planning Area.
Policy A.7.2.3 Continue to process voluntary annexations for
single-family residential properties upon request.
Policy A.7.2.4. Allow voluntary annexations for noncontiguous
properties that are within an enclave as define by Section
171.031(13)(a), Florida Statutes (Type A enclaves) and as
authorized by the 2014 Interlocal Service Boundary Agreement
(ISBA) between Pinellas County and municipalities, including the
City of Clearwater.
• The proposed Residential Low (RL) Future Land Use Map category is
consistent with the current Countywide Plan designation of the property.
This designation primarily permits residential uses at a density of 5 units
per acre. The proposed zoning district to be assigned to the property is
the Low Medium Density Residential (LMDR) District. The use of the
subject property is consistent with the uses allowed in the District and
the property exceeds the District's minimum dimensional requirements.
The proposed annexation is therefore consistent with the Countywide
Plan and the City's Comprehensive Plan and Community Development
Code; and
• The property proposed for annexation is not contiguous to city
boundaries but is located in a Type A enclave and is therefore consistent
with the Interlocal Service Boundary Agreement authorized by Florida
Statutes Section 171.203.
7.3 Approve the annexation, initial Future Land Use Map designation of Residential Low (RL)
and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District
for 1717 Grove Drive, and pass Ordinances 9334-19, 9335-19, and 9336-19 on first
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reading. (ANX2019-09021)
This voluntary annexation petition involves a 0.184-acre property consisting of
one parcel of land occupied by a single-family dwelling. The property is located
on the east side of Grove Drive, approximately 395 feet north of SR590. The
applicant is requesting annexation in order to receive sanitary sewer and solid
waste service from the City. The property is located within an enclave and is
contiguous to existing city boundaries on all sides. The annexation of the
property will eliminate an enclave. It is proposed that the property be assigned a
Future Land Use Map designation of Residential Low (RL) and a Zoning Atlas
designation of Low Medium Density Residential (LMDR).
The Planning and Development Department determined that the proposed
annexation is consistent with the provisions of Community Development Code
Section 4-604.E as follows:
• The property currently receives water service from Pinellas County. The
closest sanitary sewer line is located in the adjacent Grove Drive
right-of-way. The applicant has paid the City's sewer impact and
assessment fees and is aware of the additional costs to extend City
sewer service to this property. Collection of solid waste will be provided
by the City of Clearwater. The property is located within Police District III
and service will be administered through the district headquarters
located at 2851 McMullen Booth Road. Fire and emergency medical
services will be provided to this property by Station #49 located at 565
Sky Harbor Drive. The City has adequate capacity to serve this property
with sanitary sewer, solid waste, police, fire and EMS service. The
property will continue to receive water service from Pinellas County. The
proposed annexation will not have an adverse effect on public facilities
and their levels of service; and
• The proposed annexation is consistent with and promotes the following
objectives and policy of the Clearwater Comprehensive Plan:
Objective A.6.4 Due to the built-out character of the City of
Clearwater, compact urban development within the urban
service area shall be promoted through application of the
Clearwater Community Development Code.
Objective A.7.2 Diversify and expand the City's tax base through
the annexation of a variety of land uses located within the
Clearwater Planning Area.
Policy A.7.2.3 Continue to process voluntary annexations for
single-family residential properties upon request.
• The proposed Residential Low (RL) Future Land Use Map category to
be assigned to the property is consistent with the current Countywide
Plan designation of the property. This designation primarily permits
residential uses at a density of 5 units per acre. The proposed zoning
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Council Work Session Meeting Minutes November 18, 2019
district to be assigned to the property is the Low Medium Density
Residential (LMDR) District. The use of the subject property is
consistent with the uses allowed in the District and the property exceeds
the District's minimum dimensional requirements. The proposed
annexation is therefore consistent with the Countywide Plan and the
City's Comprehensive Plan and Community Development Code; and
• The property proposed for annexation is contiguous to existing city
boundaries on all sides; therefore, the annexation is consistent with
Florida Statutes Section 171.044.
7.4 Approve amendments to Beach by Design: A Preliminary Design for Clearwater Beach
and Design Guidelines to update the public boardwalk standards in "Marina District
Boardwalk Design Guidelines and Specifications," and pass Ordinance 9340-19 on first
reading.
Beach by Design was adopted in 2001 by the City as a special area plan that
set forth a series of revitalization strategies for Clearwater Beach and
established character districts to regulate land use, location of uses, and,
generally, the scale of development. Beach by Design supports the
redevelopment of the Marina District into a pedestrian and boater-friendly
destination and offers development incentives for waterfront development
proposals that provide to the City a 15-foot wide boardwalk within a 20-foot
public access easement adjacent to the seawall and to non-waterfront
development proposals which contribute financially to the Papaya and Baymont
Street streetscapes or the public boardwalk. In 2013, the City amended Beach
by Design to adopt by reference new "Marina District Design Guidelines and
Specifications" prepared by the City's Parks and Recreation Department for the
construction of the public boardwalk.
Proposed Ordinance 9340-19 updates the "Marina District Design Guidelines
and Specifications." During construction of the Papaya Street Plaza entry node,
the design and materials used were modified from what the specifications
called for. This amendment updates the guidelines to reflect what was
constructed at the Papaya Street Plaza entry node and incorporates updated
citywide standards for benches, trash cans, trees and landscaping. The
proposed changes address finish materials, lighting, trash receptacles,
benches, landscaping, and the boardwalk construction and materials (e.g.,
timber piles, decking, and railing). Section diagrams of the boardwalk and East
Shore Drive sidewalk have also been revised. The updated guidelines will
ensure any privately constructed portion of the boardwalk is consistent with
what has already been built.
The proposed amendment is consistent with and furthers the goals, policies
and objectives of the Comprehensive Plan, and also furthers the purposes of
the Community Development Code and other city ordinances and actions
designed to implement the Plan.
The Community Development Board, after conducting a public hearing on
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October 15, 2019, recommended unanimous approval of the amendment.
In response to questions, Parks and Recreation Director Kevin Dunbar
said during the construction of Papaya Street, staff learned a series of things
that were not successful, such as using a standardized trash receptacle.
Staff is updating the document to ensure consistency and to clarify allowable
improvements along the Boardwalk.
7.5 Approve amendments to the Code of Ordinances amending Chapter 25 - Public
Transportation Carriers, Article I - Public Conveyances to define micromobility device,
motorized scooter, and shared mobility device provider and make other amendments to
related definitions, to establish standards for micromobility devices, to require a license
for shared mobility devices offered for rent within the city, and to add penalties; and pass
Ordinance 9348-19 on first reading.
On June 18, 2019, the Governor of Florida signed House Bill 453, "Micromobility
Devices," which granted riders of micromobility devices, including motorized
scooters, the same rights and duties as those which apply to bicycle riders,
thereby allowing riders to operate these devices on sidewalks and in roads. The
City Council relied on the home rule rights preserved in the bill to declare a
6-month moratorium to allow staff the opportunity to develop a regulatory
framework for the reservation and rental of these devices by vendors. The
moratorium expires on December 17, 2019.
On September 3, 2019, staff presented to City Council a framework for a
temporary pilot program and requested guidance on certain key issues for the
program. Council provided direction regarding suggested boundaries for a pilot
program (portion of Downtown, prohibited on Clearwater Beach), where to ride
(on streets, not sidewalks), where to park (in corrals), and hours of operation
(limited, not 24 hours/day) and directed staff to develop the framework for
regulating micromobility devices and motorized scooters through a pilot
program in the Downtown area.
Proposed Ordinance 9348-19 amends Chapter 25 - Public Transportation
Carriers, Article I - Public Conveyances to address micromobility devices and
motorized scooters, establishing license requirements to rent shared mobility
devices, which is inclusive of micromobility devices and motorized scooters,
and to add penalties for failure to comply with this Article. Placing the
regulations for micromobility devices in Section 25.02, which provides the
regulations for low-speed for hire vehicles and other similar devices, will ensure
conformity and consistency in the regulation of these forms of alternative
motorized travel and public transparency.
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Specifically, proposed Ordinance 9348-19 addresses the following:
• Section 25.01 - Definitions: Adds new definitions for micromobility
device, motorized scooter, shared mobility device provider, and
sidewalk, and amends definition for recreational vehicle to include
micromobility device and motorized scooter within. Differences from
state regulations as directed by City Council will be addressed in the
pilot program Request for Proposals (RFP) (i.e., limiting maximum
speed to 15 mph, not 20 mph).
• Section 25.02 - Standards for pedicabs, low-speed for hire vehicles,
surrey bicycles, and micromobility devices; equipment and restrictions:
Adds a new subsection (4) providing standards for micromobility
devices, including setting a minimum user age of 16, prohibiting more
than one person to ride on a device designed for a single rider,
prohibiting riding on sidewalks, and prohibiting the blocking of access to
building entries and parking areas.
• Section 25.19 - Shared Mobility Device License Required: Establishes a
Shared Mobility Device License requirement for vendors who want to
display or rent micromobility devices or motorized scooters. This
standard is to ensure that any business renting such devices must first
obtain a license from the city for this activity, which initially would be
made available through a pilot program. It also prohibits granting of this
type of license to an operator wanting to rent such devices on
Clearwater Beach, Sand Key, Island Estates or any other area restricted
under Section 25.18 of the code.
• Section 25.20 - Penalties: Adds a section providing for penalties for
violation of this Article of the code.
In addition to the proposed ordinance, staff has prepared a detailed list of pilot
program regulations and components which expands on the initial issues
discussed with City Council in September. This list is council consideration
prior to staff proceeding with the development and issuance of a RFP.
In response to questions, Transportation Planner Ric Hartman said staff will
move forward with the pilot based on the standards identified in the
ordinance. Program component details will be developed during the RFP
process. He said the pedal pub guidelines are being developed, the item
before Council addresses micro-mobility devices. Assistant City Attorney
Matthew Smith said the moratorium is expiring, the item before Council
prohibits the rental unless one has a license and participates in the
pilot program. Shared mobility only refers to micromobilty devices and
motorized scooters. Staff did not want hotels on the beach to rent scooters.
He said individuals must be able to reserve the device online via an app.
Florida Statutes define e-scooters as a micromobility device. The city
ordinance does not address personally owned scooters. Mr. Hartman said
the ordinance addresses drop off locations, users will be required to use
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Council Work Session Meeting Minutes November 18, 2019
corral areas. Helmets are not required for riding bicycles; operators have
expressed concerns that the program will not work if wearing helmets are
required. Mr. Hartman said operators provide training sessions for first time
riders. As it related to the Clearwater Mall or Countryside Mall areas, state
guidelines allow individuals who own their scooters to ride in those areas
where a bicycle is allowed to ride.
7.6 Approve the second amendment to an existing Development Agreement between Triprop
Clearwater, LLC (as assigned by Alanik Properties; Anco Holdings, LLC; Nikana
Holdings, LLC) (the property owner) and the City of Clearwater for property located at
4017 4117 4217 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 of 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, authorize the
appropriate officials to execute same and adopt Resolution 19-23. (HDA2014-06004A)
Development Proposal:
No changes have been made to the Development Proposal presented at the
November 7, 2019 Council meeting although two changes have been made
regarding the Development Agreement:
1. A minimum number of parking spaces to be made available to the public
above and beyond those otherwise required by the CDC is included with
Section 4.2; and
2. Section 6.1.3.5 is added which specifies that access to the public
right-of-way from the pedestrian bridge is prohibited.
These changes are also reflected in the general listing of the changes to the
Development Agreement, below.
In addition, two changes have been made to the recitals of the Second
Amendment to reflect the fact that the applicant has, in the last few weeks,
closed on parcel 07-29-15-52380-000-0780. Therefore, the eighth recital has
been amended to show this change of ownership and the ninth recital is
removed.
The owners continue to propose to demolish all structures on the site and
redevelop the site with a 248-unit hotel (increased from a 227-unit hotel) utilizing
the existing 127 hotel units and 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 brings a total
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Council Work Session Meeting Minutes November 18, 2019
of 21.3 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.
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 fagade of the building across South Gulfview
Boulevard to the second floor of 430 South Gulfview Boulevard (The Opal
Sands Resort). The proposal bridge will extend seaward of the Coastal
Construction Control Line (CCCL). 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 for the amendment of 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.
The changes to the Development Agreement include:
■ 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 and specifies that a minimum of 230 spaces in addition to the otherwise
minimum number of required parking spaces.
■ 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.
■ Section 6.1.3.5: Adds a prohibition on providing direct access from the
pedestrian bridge to the public right-of-way.
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Council Work Session Meeting Minutes November 18, 2019
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.
Consistency with the Community Development Code:
No changes have been made to the Conceptual Site Plan presented at the
November 7, 2019 Council meeting. The Conceptual Site Plan continues to
appear to be consistent with the CDC regarding:
■ Minimum Lot Area and Width
■ Minimum Setbacks
■ Maximum Height
■ Minimum Off-Street Parking
■ Landscaping
Consistency with Beach by Design:
No changes have been made to the Conceptual Site Plan presented at the
November 7, 2019 Council meeting. The Conceptual Site Plan continues to
appear to be consistent with the Beach by Design with regard to:
■ Design Guidelines
■ Hotel Density Reserve
Standards for Development Agreements:
The proposal is in compliance with the standards for development agreements,
is consistent with the Comprehensive Plan and furthers the vision of beach
redevelopment set forth in Beach by Design. The proposed first amended and
restated amendment to the existing Development Agreement will be in effect for
a period not to exceed ten years, meets the criteria for the allocation of rooms
from the Hotel Density Reserve under Beach by Design and includes the
following main provisions:
■ Provides for no change in the number of units (100 units) allocated from the
Hotel Density Reserve (previously approved as part of HDA2014-
06004/Resolution No. 14-29 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
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Council Work Session Meeting Minutes November 18, 2019
drawings, elevations and perspectives and renames that exhibit to "Exhibit
B-1"•
■ 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 4-606.1., CDC, a Development Agreement may be
amended by mutual consent of the parties, provided the notice and public
hearing requirements of Section 4-206 are followed. Revisions to conceptual
site plans and/or architectural elevations attached as exhibits to this
Development Agreement shall be governed by the provisions of Section 4-406,
CDC. Minor revisions to such plans may be approved by the Community
Development Coordinator. Other revisions not specified as minor shall require
an amendment to this Development Agreement.
The Planning and Development Department is recommending approval of this
second amendment to an existing Development Agreement for the allocation of
up to 100 units from the Hotel Density Reserve under Beach by Design.
8. Police Department
8.1 Authorize award of Invitation to Bid Number 56-19, Police Clothing and Equipment, to
Galls, LLC of Lexington, KY, for an annual not-to-exceed amount of$75,000 with option
for two one-year term extensions and authorize the appropriate officials to execute same.
(consent)
The Clearwater Police Department (CPD) is required to provide duty uniforms
to approximately 375 sworn and non-sworn Police Department employees. On
average, the Police Department outfits approximately 50-60 new sworn and
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Council Work Session Meeting Minutes November 18, 2019
non-sworn employees every year.
CPD is continually replacing uniforms and equipment as a result of normal wear
and/or incidental damage. Approximately $50,000 to $60,000 annually is spent
on providing/replacing uniforms and associated equipment.
On August 26, 2019, an Invitation to Bid (ITB 56-19) was issued seeking
proposals from qualified vendors to provide new and replacement police
uniforms, as well as the associated equipment for CPD. The bid included
manufacturer specifications, alteration requirements, as well as embroidery and
silkscreen requirements.
On October 10, 2019, the City received two responses. The City Purchasing
Division and the Police Department reviewed vendor responses and
recommended the award to Galls, LLC for duty uniforms and associated police
equipment, including duty belts, holsters, handcuff cases, and other duty belt
related equipment, in an aggregate amount of$75,000 for the first year of the
agreement and for $75,000 for each one-year extension.
The award of blanket purchase orders to Galls, LLC, of Lexington, KY calls for
an initial term of one year, effective November 21, 2019 through November 20,
2020, with the option for two one-year term extensions.
APPROPRIATION CODE AND AMOUNT:
Funding for the purchase of new and replacement uniforms, and the associated
equipment, is included within the Police Department's 2019/2020 operating
budget through the following: Patrol - 0101131-0547100, PST/TRU -
0101153-0547100, School Crossing Guards - 0101140-0547100.
9. Solid Waste
9.1 Declare list of vehicles and equipment surplus to the needs of the City; authorize disposal
through sale to the highest bidder at the Tampa Machinery Auction, Tampa, Florida,
pursuant to City Code Section 2.622, Surplus Personal Property; and authorize the
appropriate officials to execute same. (consent)
Council previously approved the Vehicle Replacement List for fiscal year
2019/2020 on October 3, 2019, authorizing the purchase of replacement
vehicles. This agenda item is requesting Council to declare surplus the
vehicles and equipment detailed to be replaced per this list and authorize
disposal via auction at the Tampa Machinery Auction. Tampa Machinery
Auction holds a live auction monthly and accepts internet bids at the time of
the live auction.
City Council authorization for surplus is required in accordance with Code
Section 2.622, when the sale of common bulk items is estimated to exceed
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Council Work Session Meeting Minutes November 18, 2019
$5,000. Proceeds from the sales are credited to Garage Fund surplus vehicle
revenue (566-364413).
APPROPRIATION CODE AND AMOUNT:
566-364413 - Surplus Vehicles
10. Legal
10.1 Request for authority to settle case of City of Clearwater v. Avanthony, LLC, Case No.
18-8490-CI. (consent)
On July 19, 2018, the City retained Weidner Law, P.A. (outside counsel) for
representation in municipal lien foreclosure matters. The outside counsel then
filed a foreclosure action against Avanthony, LLC owner of the property located
at 1247 Pierce Street.
Since that time, the property has been brought into full compliance with the
City's codes. The owner has agreed to pay $10,000.00 and agreed that if the
property falls out of compliance with the City's codes then City would be entitled
to an immediate foreclosure judgment in the full amount of the lien.
Authority is being sought to settle this case for$10,000.00 along with the
property owner's promise to keep the property in full compliance as detailed
above, in exchange for which the City will release the lien and dismiss the
lawsuit.
APPROPRIATION CODE AND AMOUNT:
Revenues received from this settlement will be credited to the Lien Foreclosure
Program 181-354102-M1913, Code Enforcement Fines.
10.2Request for authority to institute a civil action on behalf of the City against Bayonet
Plumbing, Heating and Air-Conditioning, LLC to recover $1,439.19 for damages to city
property. (consent)
On September 24, 2016, an employee of Bayonet Plumbing, Heating &
Air-Conditioning, LLC hit a 2-in. gas main line with a mini excavator while
working on a sewer line at 19610 Post Island Loop, Land O' Lakes, FL. Repairs
to the gas line cost $1,439.19
Demand letters have been sent to Bayonet Plumbing, Heating &
Air-Conditioning, LLC but no response has been received.
Costs relative to this action will include a $175 filing fee, and fees for service of
process of approximately $60.
APPROPRIATION CODE AND AMOUNT:
59007590-545900 (Insurance Claims- Liability)
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10.3Adopt Ordinance 9350-19 on second reading, amending the Clearwater Code of
Ordinances, Section 2.082, changing the composition of the Airpark Advisory Board to
allow ex-officio members.
The Council recessed from 10:36 a.m. to 10:45 a.m.
11. City Manager Verbal Reports
11.1 City Hall Site Selection
Assistant City Manager Michael Delk and Planning and Development
Director Gina Clayton provided a PowerPoint presentation.
Discussion ensued with support expressed for a city hall that is visible and
iconic. It was suggested that staff consider the Main Library as a potential
city hall site and build a new library.
Staff was directed to consider having the new city hall site house all
employees.
Ms. Clayton said approximately 98,000 sq. ft. would be needed to
accommodate the employees in one site.
11.2Provide update on the status of matters relating to the redevelopment of Coachman Park
(Imagine Clearwater).
This update will include status of City Hall site analysis. Topics to be
discussed: status of 30% plans, public engagement dates and locations, status
of HRA study and next steps for issuance of an RFQ, and update on
consideration of renaming waterfront area to "Coachman Commons."
Engineering Construction Manager Tim Kurtz and Assistant City Manager
Michael Delk provided a PowerPoint presentation.
In response to questions, Mr. Delk said the Parks and Recreation Advisory
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Council Work Session Meeting Minutes November 18, 2019
Board recommended against renaming Coachman Park to Coachman
Commons. The Board recommended holding a naming contest. Mr. Delk
said he wishes to go back to the Board and provide background on staffs
recommendation to rename the park and report back to Council in February
the Board's feedback.
It was stated that various areas of the park will have a naming rights
opportunity.
12. City Attorney Verbal Reports — None.
13. Council Discussion Item
13.1 Identify Site for Downtown Parking Garage - Councilmember Polglaze
Councilmember Polglaze said the special event venue will soon lose all of its
bluff parking and requested consideration to identify the Downtown parking
garage site. He suggested continuing discussions with Pinellas County about
the PSTA/county parking site. He expressed concerns that there will not be
sufficient parking once construction for Imagine Clearwater is underway.
In response to questions, Assistant City Manager Michael Delk said staff
anticipates completing the city hall site study by February. Staff is not
analyzing potential downtown parking garage sites.
Discussion ensued with comments made that the ULI study recommended a
city hall/parking garage site and that the PSTA property may be the best site
for a city hall/parking garage.
Mr. Delk said the PSTA parking lot is identified as a potential city hall
site that staff is analyzing.
13.2Fence Code Amendment - Councilmember Polglaze
Planning and Development Director Gina Clayton said
staff researched various municipal codes that address fences on corner
lots. Of the nine communities surveyed, a majority have regulations similar
to Clearwater. Tarpon Springs, Pinellas Park and Pinellas County allow 6-ft.
fences. The cities of St. Petersburg, St. Pete Beach, Largo and Hillsborough
County limit fence heights to 4 feet on corner lots. She said a couple of the
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Council Work Session Meeting Minutes November 18, 2019
communities allow provisions for additional height based on situations,
similar to Clearwater's code. Staff recommends leaving the code as it is
currently drafted. There are 20,000 lots that are zoned Low Medium Density
Residential, of those, 3,000 are corner lots, with 1,000 lots located on
arterials and collectors. She said it would be time consuming and difficult to
address illegally erected fences or non-conforming fences.
In response to a suggestion, Ms. Clayton said fence regulations are
complex, one needs to balance people's needs with the need to mark
boundaries. Staff is concerned with maintaining an open feeling in the
community. If Council directs staff to amend the fence code to allow 6-ft. high
fences, Ms. Clayton suggested the code allow open style fences, such as
coated chain link with landscaping or aluminum picket fence.
Staff was directed to draft language amending the code to allow 6-foot high
open style fences.
13.3Kratom Use in Clearwater - Councilmember Hamilton
Councilmember Hamilton said his heart goes out to anyone who has lost a
loved one due to Kratom. He suggested the City should not take a position
on the matter because in Pinellas County there are 26 municipalities. If the
City banned it, individuals will still have access to Kratom in the other
municipalities. It is also still readily accessible via the internet. If the sale is
legislated, it should be addressed at the state level. He suggested directing
staff not to take a position on the matter.
Assistant City Attorney Matthew Smith said the City has the authority to ban
the sale. The Narcotics Division has been looking into it. Police Chief Daniel
Slaughter said staff is looking into the matter, Kratom popped up on the
radar about 2 years ago. There are 26 stores in Clearwater that sell the
product. Kratom has come up in 2 death cases in Clearwater, one involved
an elderly individual with health issues and the other individual was using
Kratom to treat hallucinations.
There was consensus to not take a position on the matter.
14. New Business (items not on the agenda may be brought up asking they be
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Council Work Session Meeting Minutes November 18, 2019
scheduled for subsequent meetings or work sessions in accordance with Rule 1,
Paragraph 2). — None.
15. Closing Comments by Mayor— None.
16. Adjourn
The meeting adjourned at 12:05 p.m.
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City of Clearwater