05/18/2020 Council Work Session Meeting Minutes May 18, 2020
City of Clearwater
Main Library- Council Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
Meeting Minutes
Monday, May 18, 2020
9:00 AM
Main Library - Council Chambers
Council Work Session
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City of Clearwater
Council Work Session Meeting Minutes May 18, 2020
To ensure public safety and comply with the Governor's Safer at Home order in response to the COVID-19
virus, the Clearwater City Council will hold a public meeting on Monday, May 18, 2020 at 9:00 a.m. using
communications media technology.
Pursuant to Executive Order No. 20-69, issued by the Office of Governor Ron DeSantis on March 20,
2020, municipalities may conduct meetings of their governing boards without having a quorum of its
members present physically or at any specific location, and utilizing communications media technology
such as telephonic or video conferencing, as provided by Section 120.54(5)(b)2, Florida Statutes.
Roll Call
Present 5 - Mayor Frank Hibbard, Vice Mayor David Allbritton,
Councilmember Hoyt Hamilton, Councilmember Kathleen Beckman,
and Councilmember Mark Bunker
Also Present: William B. Horne II — City Manager, Micah Maxwell —Assistant City
Manager, Michael Delk—Assistant City Manager, Pamela K. Akin City
Attorney, and Rosemarie Call — City Clerk.
To provide continuity for research, items are listed in agenda order although not
necessarily discussed in that order.
1. Call to Order— Mayor Hibbard
The meeting was called to order at 11:43 a.m.
2. Engineering
2.1 Approve Change Order One to Waterfront Engineering, Inc., of Tampa, FL, for $51,469
for the 2019 City Seawall Project (19-0021-EN), increasing the contract from
$254,710.50 to $306,179.50 and authorize the appropriate officials to execute same.
(consent)
September 5, 2019, City Council approved a construction contract for repairs at
eight locations: five on Island Estates, two at street ends on the intercoastal,
and one at the Betty Lane bridge over Stevenson Creek. Repairs include
replacement of seawall caps and anchors, installation of secondary tiebacks,
drain installation, cleaning of seawall joints, and hydraulic grout installation.
Change Order One is for repairs of an additional seawall location on Hamden
Drive and 3rd Street. Proposed repairs include installation of drains, cleaning
and sealing vertical joints, and filling voids along approximately 100 feet of
seawall.
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Council Work Session Meeting Minutes May 18, 2020
Staff requests to continue the item to determine impact if the contract was
amended to raise the sea walls by one foot.
APPROPRIATION CODE AND AMOUNT:
E N G F 180006-CO N S-C N ST RC
Funds are available in capital improvement project ENGF180006, Citywide
Docks and Seawalls, to fund this change order.
Environmental Specialist Sarah Kessler said Stormwater Maintenance will
handle erosion issues for the short term. The Tampa Bay Regional Planning
Council's Resiliency Coalition has a Shoreline Working Group that will
provide recommendations for the Tampa Bay area to provide consistent
guidelines for seawall construction in the region. She said a 5-ft. sea wall
height is being recommended based on NOAA's projections, which includes
additional water height for more storm surge protection. The Group's final
recommendations are expected within the next few months. Ms. Kessler said
the City will survey sea walls. Staff is requesting to continue the item to a
date uncertain.
In response to questions, Ms. Kessler said the City will not take a proactive
approach in repairing sea walls during this time and only conduct emergency
repairs. She said Miami-Dade placed a moratorium on building sea walls.
There was consensus to continue the item to a date uncertain.
2.2 Approve an increase to Purchase Order No. 19000740 to Engineered Spray Solutions
LLC of Lakeland, FL, for 2018 Sewer Point Repairs and Improvements Section D4
Manhole Surfacing Polyurethane (17-0060-UT), from $400,000 a year to a not to exceed
amount of$950,000 a year for years two through four, increasing four-year term total from
$1,640,000 to $3,290,000, February 1, 2019 through January 31, 2023, and authorize the
appropriate officials to execute same. (consent)
The City initiated a comprehensive maintenance program to clean, inspect,
rehabilitate and repair existing sanitary sewer pipelines and manholes
throughout Clearwater. These contracts improve the integrity of the sanitary
sewer system and reduce inflow and infiltration (1&1) of groundwater and
stormwater into the collection system.
January 17, 2019, City Council approved a contract to Engineered Spray
Solutions, LLC to apply manhole surface polyurethane coating for an amount
not to exceed $400,000.00 per year for a four-year term.
December 30, 2019, a $40,000 change order 1 was approved by City Manager
for additional coating, for a first-year total to $440,000.
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Due to the high numbers of sanitary manholes in the City's beach area and
mainland requiring remediation to address I&I, and the faster than expected
manhole repair speed by the contractor, additional funds are requested allowing
for a higher volume of work for years 2 to 4.
The Public Utilities Department is responsible for owning, operating and
maintaining the wastewater collection system including all gravity sewer, force
main pipelines and manholes that convey raw sewage to lift stations and/or
water reclamation facilities.
APPROPRIATION CODE AND AMOUNT:
3277327-546900-96665 $950,000
Funding is available in Utility Renewal and Replacement Project 96665, Sanitary
Utility Relocation, to increase funding in the current Fiscal Year.
Funding of$1,900,000 will be included in FY2021 and FY2022 Utility Renewal
and Replacement Project budgets to renew this contract each year.
2.3 Approve a Business Lease Contract between the City of Clearwater (City) and Hope
Academy International, LLC (tenant) for the use of a city-owned lot located at 918
Palmetto Avenue and authorize the appropriate officials to execute same. (consent)
The site at 918 Palmetto Ave is a vacant city-owned lot adjacent to a
privately-owned daycare center. The vacant city-owned lot is approximately 0.12
acres and has been utilized as a playground for children attending the adjacent
daycare over the last 11 years, including since March 2019 by the current
tenant.
The tenant of the city-owned lot did not adhere to the notice renewal
requirement of the previous lease, thus is requesting a new lease to commence
on May 21, 2020.
The lease includes a $1000 annual fee and has an initial term of one year with
an option to extend for 3 additional one-year terms. The proposed lease has the
same conditions as the previous lease for the site. City staff have reviewed and
support leasing the city-owned lot to Hope Academy International, LLC.
2.4 Accept a utility easement from Florida Spine Properties, LLC for the construction,
installation, and maintenance of city utility facilities on real property located at 2251 Drew
Street and adopt Resolution 20-07.
The Utility Easement will allow the city rights for construction, installation, and
maintenance of utility facilities on the commercial site.
The City Engineering Department recommends acceptance of the easement.
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Council Work Session Meeting Minutes May 18, 2020
2.5 Accept three utility easements from Gulf to Bay Storage Associates, LLC for the
construction, installation, and maintenance of certain utility facilities on real property
located at 1660 Gulf to Bay Boulevard and adopt Resolution 20-13.
The proposed easements will provide the City with property rights necessary for
the construction, installation, and maintenance of city utility facilities that support
commercial development on the subject site.
The City Engineering Department recommends acceptance of the easement.
3. Planning
3.1 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 25 S. McMullen Booth Road, and pass Ordinances 9372-20, 9373-20, and
9374-20 on first reading. (ANX2020-01001)
This voluntary annexation petition involves a 0.257-acre property consisting of
one parcel of land occupied by a single-family dwelling. The property is located
on the northeast corner of S. McMullen Booth Road and Johns Parkway. The
applicants are 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 to the north, south, and east. 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 Community Development Code
Section 4-604.E as follows:
• The property currently receives water service from the City of
Clearwater. The closest sanitary sewer line is located in the adjacent
Johns Parkway right-of way. The applicant has paid the City's sewer
impact and assessment fees and the property has been connected to
the city sewer service. 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 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
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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 Urban (RU) 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 7.5
units per acre. The proposed zoning district to be assigned to the
property is the Low Medium Density Residential (LMDR) District. The
use of the subject property is consistent with the uses allowed in the
District and the property exceeds the District's minimum dimensional
requirements. The proposed annexation is therefore consistent with the
Countywide Plan and the City's Comprehensive Plan and Community
Development Code; and
• The property proposed for annexation is contiguous to existing city
boundaries to the north, south, and east; therefore, the annexation is
consistent with Florida Statutes Section 171.044.
4. Public Utilities
4.1 Authorize a purchase order to Carl Eric Johnson of Lawrenceville, GA, for Moyno pumps,
parts and services, in the annual amount of$300,000.00 with the option for two, one-year
extensions, pursuant to Clearwater Code of Ordinances Section 2.564 Exceptions to
Bidding, and authorize the appropriate officials to execute same. (consent)
Moyno Pumps are standardized in the City's wastewater and water facilities for
handling of high viscosity sludge and residuals, due to reliability of the pumps,
and to facilitate operational and maintenance efficiency. Carl Eric Johnson of
Lawrenceville, GA is the sole authorized regional distributor of Moyno equipment
and services. Standardization of pumping equipment reduces redesign/retrofit
of the piping systems and overall down time, which is critical to maintaining
regulatory compliance. Standardization also reduces the required stocking of
parts, replacement pumps, and the cost of maintenance operations. Public
Utilities will complete a market analysis each year prior to renewal to ensure no
additional distributors have entered the market for these parts.
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In accordance with city code Section 2.564 (1)(b), Exceptions to Bidding, Carl
Eric Johnson has been determined a sole source vendor for Moyno Pumps,
replacement parts and factory authorized service.
APPROPRIATION CODE AND AMOUNT:
Budgeted funds are available in Public Utilities operating cost centers 550400
Operating Supplies & Materials to cover the cost of the contract for FY20
Funding for future fiscal years (FY21 through FY23) will be requested within
contract calendar and spending limits.
5. Legal
5.1 Adopt Ordinance 9390-20 on second reading, vacating a portion of a platted utility
easement described as a part of Tract "C" Drainage Area, Sunstream Subdivision,
according to the plat thereof, recorded in Plat Book 143, Pages 65-69 of the Public
Records of Pinellas County, Florida.
5.2 Confirm COVID-19 Emergency Proclamation and adopt Resolution 20-22.
6. Economic Development and Housing
6.1 Authorize staff to move forward with the necessary steps to obtain approval for the
redevelopment of The Landings Golf Course site as a light industrial center.
Staff is seeking direction for a proposed redevelopment of property addressed
at 1875 Airport Drive in Clearwater.
About the Property:
The subject property is city-owned land currently operating as The Landings
Golf Course. The zoning and land use is designated Open Space/Recreation
(OS/R). In total, the site is 77.71 acres MOL and is bounded by N. Keene Rd to
the east, Airport Dr. to the south and adjacent to Clearwater Airpark which is
both west and north of the property.
About the Project:
The proposed project envisions construction of a multi-building industrial center
comprised of+/- 750,000 SF Class A rentable space on 65.49 acres MOL. The
proposed developer, Harrod Properties anticipates that the project will be
developed in 4 phases over a 5 to 7-year period, subject to market conditions
and seeks to enter into four separate ground leases with the same terms and
conditions. The term of each lease is proposed to be 65 years with three
successive 10-year renewal options. The only modifications will be the
commencement dates and the Tenant under each ground lease resulting from
the developer's desire to phase the project in accordance with market
conditions and the fact that each phase may be owned by a different entity, but
all of which will be an affiliate of Harrod Properties. These leases may be
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assigned by Tenant (Exhibit A).
If Council determines to move this project forward for further review and
necessary approvals, the following steps are necessary:
• At the next council meeting (June 4), staff will bring forward the
proposed term sheet for approval. Council will consider declaring the
property surplus for the purpose of leasing the site for an industrial
center.
• The city attorney will prepare and bring forward in June, draft language of
referendum question to be placed on the ballot for the November
election. The City Charter section 2.01 (d)(5)(v) requires approval at
referendum prior to the lease of property identified as recreation open
safe space on the city's comprehensive plan.
• The city attorney will prepare and bring forward in July the referendum
question for approval on 1 st reading. Upon approval of the language at
2nd reading in August, the referendum language will be transmitted to
Pinellas County Supervisor of Elections for placement on the ballot for
the November 3 election.
• The developer will prepare and submit applications for appropriate land
use plan amendment (IL, Industrial Limited), rezoning (IRT) and FLD
(Flexible Development) approvals.
• Staff will bring to Council for approval the final lease agreements.
Remainder Parcel:
The remainder of the property, approximately 12.22 acres, is proposed to
remain recreational use and the city anticipates entering into a lease agreement
with the current golf course operator. The operator envisions the construction
and operation of an Aqua Range at this location.
Staff Recommendation:
An appraisal of the subject property was conducted in May, 2019, and
subsequent limited environmental (Phase I Environmental Site Assessment,
Limited Contamination Study), wildlife hazard, (Wildlife Hazard Site Visit
Report), and geotechnical studies (Preliminary Geotechnical Engineering,
Redevelopment Feasibility Study) were conducted between July, 2019, and
April, 2020.
The City is committed to preserving and protecting open space for recreational
uses and environmental sustainability. An inventory of current park lands (1,708
acres) in Clearwater shows the level of service is 14.6 acres per 1,000
residents which exceeds the minimum standard of 4.0 acres per 1,000
residents. The removal of 65.49 acres from inventory will reduce this level to
14.2 acres per 1,000 residents which exceeds the minimum standard by 355%.
Staff also evaluated the level of service on Keene Road/CR1 and finds that the
roadway capacity is currently rated Level C which is generally defined as having
stable flow, at or near free flow. Signalization at Palmetto Street/Keene Road is
currently being deployed as a joint project with Pinellas County.
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Additionally, staff conducted a limited economic impact analysis of the proposed
use of the subject site and found that the proposed construction of+/- 750,000
SF with a capital investment of$131 million might yield for the city 1,950 direct
jobs, 1,823 additional spin-off jobs in the city (indirect and induced), and $11
million in net benefits to the city over a 10-year period. A more thorough
examination of economic impact will be conducted as negotiations are finalized
and more information regarding employer operations becomes available.
Finally, the city Economic Development Strategic Plan (November 2011)
recommends the following: "Located adjacent to the Hercules industrial area,
the par-3 golf course represents the best opportunity for expanding Clearwater's
stock of undeveloped industrial property. For a built-out, landlocked city with little
industrial land this is essential. If the city hopes to expand its manufacturing
base, this and other similarly underutilized city-owned properties should be
evaluated for accommodating new industrial development."
Harrod Properties representative Rob Webster provided a PowerPoint
presentation.
In response to questions, Mr. Webster Harrod's portfolio includes light
manufacturing and light industrial, tending to be more high-tech. There will
be no smokestacks or underground storage tanks. He said they tend to find
a lot of medical manufacturing. Based on their current portfolio, Harrods
is anticipating an average wage of$65,000 for higher level skilled jobs. Until
the facility is constructed, it is impossible to say the exact number of jobs, to
include annual salaries, will be created. The anticipated jobs and salaries are
based on the company's existing facilities in the county.
A concern was expressed with the lack of time to the proposed zoning
change and referendum timeline.
The City Attorney said what will come before Council for the
November referendum is to approve the question: whether or not Council is
willing to allow this property to be leased for this purpose. There are
separate actions that will take place afterwards. If the public agrees to allow
this property to be leased for the light industrial use, the next step will include
amending the land use plan and the zoning, both of these amendments
come back to Council for action. She said if the public approves the
referendum, Council will approve the amendments. The land use plan
amendment will also go the county for approval. All steps must end in a
positive action or the project cannot move forward. She said the public does
not approve zoning amendments, the zoning will come before the Council
and the land use plan amendment will go to the county before it is presented
to Council. At this point, staff is proposing to place a referendum question on
the ballot to lease the property for light industrial, all except for the 12.22
acres on the southern most piece. The City Attorney said there is no
referendum requirement for the 12.22 acres because it will remain an OSR
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Council Work Session Meeting Minutes May 18, 2020
use. Economic Development and Housing Director Denise Sanderson said
the economic impact analysis that staff provided are high level and not
detailed since there is no information on site tenants. The average
$40,000 wage refers to the spinoff jobs. Staff looked at the Open Space
Recreation citywide and reported there are 14.66 acres per 1,000
residents currently designated for park and environmental uses. She said the
City remains committed to those uses, taking the proposed 65 acres off the
total acreage for these uses decreases it to 14.2 acres per 1,000 residents.
The standard is 4 acres per 1,000 residents. Ms. Sanderson said the 2011
Economic Development Strategic Plan recommended that this golf course be
considered for light industrial or related uses. In a well diverse economy, a
majority of the ad valorem tax base is being paid for by the industrial
property owner. In Clearwater, when staff last checked, resident property
owners bear the burden by approximately 68%.
Discussion ensued with comments made that the proposal has the ability to
expand the tax base and that the current golf facility is lightly used and does
not make much money. In response to a concern, it was stated the City will
continue to provide information regarding the referendum question as has
been done in the past. A concern was expressed that the city needs to
understand the amount of green space available citywide before the subject
site is removed as green space. It was suggested that parcels zoned for light
industrial use be identified as green spaces and should be valued.
The City Manager said, several councils ago, the golf course was identified
for economic development opportunity for industrial/research/technology
zoning. The City has received Florida Forever grants to protect greenspace;
the recent expansion of Lake Chautauqua was possible with those funds.
Staff will provide council with a map depicting greenspace citywide.
In response to a question, the City Attorney said in June, staff will present
the proposed term sheet and declare the property surplus at the first June
council meeting. The term sheet will clarify the actions needed after the
referendum. The referendum question will be presented at the second June
council meeting. She said the final lease is subject to the referendum
passing and subject to zoning and land use amendments. Staff is proposing
a lease to the Harrod Group, a Request for Proposals will not be issued for
the lease. She said she was not sure what name will be used in the
referendum question, but the lease will be specific to the Harrod Group. If the
City sells the property, an RFP would be required, a bid is not required if the
City leases the property. She said the developer takes on the risk with these
types of projects because they invest time and money with no guarantee that
the referendum will pass. The referendum question is limited to 75 words.
7. City Manager Verbal Reports
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Council Work Session Meeting Minutes May 18, 2020
7.1 Imagine Clearwater - Michael Delk, Assistant City Manager
Assistant City Manager Michael Delk requested scheduling a meeting to
discuss the Main Library, the lighting of the Memorial Causeway Bridge and
the park project. Staff is suggesting a special work session after the June 1
work session, with council action and public input at the June 4 council
meeting.
In response to a question, Mr. Delk said the consultants will be present at the
special work session.
There was consensus to schedule the special work session June 2 in council
chambers.
The Council recessed from 1:00 p.m. to 1:06 p.m.
8. City Attorney Verbal Reports — None.
9. Council Discussion Item
9.1 Scientology Impact on Downtown Clearwater - Councilmember Bunker
Councilmember Bunker said his comments are not about faith or beliefs or
about individual Scientologists. He expressed concerns about how actions
taken by the Church of Scientology (COS) and the organization's leader has
negatively impacted the Downtown for approximately 45 years. He requested
consideration to hold sessions where the public can comment and share
personal stories of their experience with COS or state why they don't come
to Downtown, to schedule a couple of days of public testimony for individuals
who have been defrauded by COS, and to share information with the federal
government.
Discussion ensued with comments made that members of the public are
always welcome to attend a council meeting and speak under Citizens to be
Heard, that it is important to show private investors that businesses can
thrive in Downtown, and that holding public hearings would not be
constructive in continuing the efforts to spread the positive stories about
Downtown.
In response to questions, the City Attorney said one would have to identify
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the objective for the public hearings. The City had an ongoing investigation
for 20 years and closed that investigation approximately 15 years ago. If the
objective is to encourage people to come to Downtown and encourage
development of Downtown, she said she was not sure public hearings are
the way to do that. Regarding any potential FBI investigations, the City would
cooperate if initiated.
There was no council consensus to pursue any of the considerations.
10. 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.
11. Closing Comments by Mayor— None.
12. Adjourn
The meeting adjourned at 1:59 p.m.
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