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11/05/2020 City Council Meeting Minutes November 5, 2020 City of Clearwater Main Library- Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 m ap ® e Meeting Minutes Thursday, November 5, 2020 6:00 PM Main Library - Council Chambers City Council Page 1 City of Clearwater City Council Meeting Minutes November 5, 2020 Roll Call Present: 5 - Mayor Frank Hibbard, Councilmember Hoyt Hamilton, Vice Mayor David Allbritton, Councilmember Mark Bunker and Councilmember Kathleen Beckman Also Present: William B. Horne II — City Manager, Micah Maxwell —Assistant City Manager, Michael Delk—Assistant City Manager, Pamela K. Akin City Attorney, Rosemarie Call — City Clerk, and Nicole Sprague — Deputy 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 6:00 p.m. in Council Chambers at the Main Library. 2. Invocation — Pastor Steve Kreloff from Lakeside Community Chapel 3. Pledge of Allegiance 4. Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by governmental agencies or groups providing formal updates to Council will be limited to ten minutes.) — Given. 4.1 American Red Cross Presentation - Eric Corliss, Regional CEO of the Central Florida & US Virgin Islands Region American Red Cross Regional Chief Executive Officer Eric Corliss provided a PowerPoint presentation. 4.2 Cable Transit Concept and Project - Whit Blanton, Forward Pinellas and Brian Pessaro, TBARTA Forward Pinellas Executive Director Whit Blanton said tonight's conversation was to confirm if there is any interest in studying the feasibility of aerial cable transit projects. TBARTA has the funds to conduct the study. TBARTA Principal Planner Brian Pessaro said staff is working with Forward Pinellas to establish a scope of work for an aerial gondola study, which Page 2 City of Clearwater City Council Meeting Minutes November 5, 2020 will be fully funded by TBARTA. The request before Council tonight is to confirm if there is an interest to study a potential gondola connection from Downtown Clearwater to Clearwater Beach. He said in 2019, the Florida Legislature provided TBARTA a $1 million earmark to study innovative transit technologies, which only cost$221,000. TBARTA will conduct the gondola study with the remaining funds. Mr. Blanton said it will take one year to complete the study and will include a public engagement component. Discussion ensued with council consensus to include Downtown Clearwater-Clearwater Beach connection in the gondola study. 4.3 State of the City Presentation - Bill Horne, City Manager The City Manager provided a PowerPoint presentation. 5. Approval of Minutes 5.1 Approve the minutes of the October 14, 2020 City Council Meeting as submitted in written summation by the City Clerk. Councilmember Hamilton moved approve the minutes of the October 14, 2020 City Council Meeting as submitted in written summation by the City Clerk. The motion was duly seconded and carried unanimously. 6. Citizens to be heard re items not on the agenda Michael Engelmann questioned futuristic transportation and its perceived benefits and purpose. Patricia DePriest said she made several attempts to speak with staff regarding code issues on her property to no avail. She said she was assigned the City's outside attorney and was under the impression that her case would be listed on today's agenda. It was stated that staff would contact her tomorrow. Howard Latham submitted an email regarding Economic Development and Housing Assistant Director Chuck Lane. The City Clerk read the comments into the record (see page 27). Page 3 City of Clearwater City Council Meeting Minutes November 5, 2020 Beth Davis - submitted an email regarding citizen engagement. The City Clerk read the comments into the record (see page 30). 7. Consent Agenda — Approved as submitted. 7.1 Approve second amendment between Pinellas County and the City of Clearwater for the Joint Partnership Agreement (JPA) South Myrtle Avenue from Clearwater Largo Road to Belleair Road Sanitary Sewer Project (17-0059-UT) extending the expiration date to November 2022 and increasing estimated costs by $39,631.50, from $170,593.50 to $210,225.00, and authorize the appropriate officials to execute same. (consent) 7.2 Award a construction contract to TLC Diversified, Inc., of Palmetto, Florida, in the amount of$2,497,605.00 for the Marshall St. Water Reclamation Facility Blending Tank Improvements per Invitation to Bid 18-0057-UT; approve Engineer of Record Supplemental One Work Order to Jones Edmunds and Associates in the amount of $326,634, increasing the work order total from $163,000 to $489,634; and authorize the appropriate officials to execute same. (consent) 7.3 Approve the conveyance of a Distribution Easement to Duke Energy Florida, LLC, d/b/a Duke Energy, for the installation, operation and maintenance of electric facilities from an existing Duke transformer located on City property, to a Duke pedestal located in the right-of-way, that will support a Verizon Cell pole. (consent) 7.4 Approve settlement of workers' compensation claim 19000133 for payment of$112,500, inclusive of attorney fees and costs for William Nahorodny with a general release of all claims and authorize the appropriate officials to execute same. (consent) 7.5 Approve an addendum to an agreement with Axon Enterprise, Incorporated, of Scottsdale, AZ, in the amount of$17,319, plus a contingency amount of$50,000, for interview room recording equipment and licenses, in accordance with Clearwater Code of Ordinances Section 2.564(1)(d) Other Government Entities Bids, and authorize the appropriate officials to execute same. (consent) 7.6 Approve the selection of Construction Manager at Risk (CMAR) Biltmore Construction Co., Inc. of Belleair, FL, per RFQ 18-20, for Fire Station 46 (18-0028-FD) and authorize the appropriate officials to execute same. (consent) 7.7 Authorize a purchase order to AdEdge Water Technologies, LLC of Duluth, GA for Arsenic Removal Media at Reverse Osmosis Plant 1 (RO 1), per award of Invitation to Bid 48-20, in the annual not-to exceed amount of$93,303 which includes a 5% contingency of$4,443 for the period of November 18, 2020 through November 17, 20217 with two, one-year renewal options at the City's discretion, and authorize the appropriate officials to execute same. (consent) Page 4 City of Clearwater City Council Meeting Minutes November 5, 2020 7.8 Authorize the award of Invitation to Bid 49-20 Ductile Iron Pipe, Fittings, Mechanical Joint Restraints and Polyethylene Tubing, to Ferguson Waterworks of Tampa, FL in the annual not-to-exceed amount of$345,000.00 with the option for two, one-year term extensions at the City's discretion and authorize the appropriate officials to execute same. (consent) 7.9 Appoint Lucas Geraldi-Smith to the Sister Cities Advisory Board, as the youth member, with term to expire October 31, 2024. (consent) Councilmember Hamilton moved to approve the Consent Agenda and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. Public Hearings - Not before 6:00 PM 8. Administrative Public Hearings 8.1 Approve the request from City of Clearwater staff to vacate a drainage and utility easement, described as that portion of Hart Street lying north of Blocks 9 and 10 of Jones Subdivision of Nicholson Addition to Clearwater, Blocks 7, 8, 9, and 10, as recorded in Plat Book 4, Page 82, of the Public Records of Hillsborough County, of which Pinellas County was once part, less and except that portion lying within 270.6 feet of the east line of Section 9, Township 29 South, Range 15 East, also less and except the railroad rights-of-way, as recorded in Official Records Book 6626, Page 429, of the Public Records of Pinellas County, Florida, and pass Ordinance 9415-20 on first reading. Staff recommends the vacation of the drainage and utility easement. Said easement is not necessary for municipal use and it is deemed to be in the best interest of the City and the general public that the same be vacated. Vice Mayor Allbritton moved to approve the request from City of Clearwater staff to vacate a drainage and utility easement, described as that portion of Hart Street lying north of Blocks 9 and 10 of Jones Subdivision of Nicholson Addition to Clearwater, Blocks 7, 8, 9, and 10, as recorded in Plat Book 4, Page 82, of the Public Records of Hillsborough County, of which Pinellas County was once part, less and except that portion lying within 270.6 feet of the east line of Section 9, Township 29 South, Range 15 East, also less and except the railroad rights-of-way, as recorded in Official Records Book 6626, Page 429, of the Public Records of Pinellas County, Florida. The motion was duly seconded and carried unanimously. Page 5 City of Clearwater City Council Meeting Minutes November 5, 2020 Ordinance 9415-20 was presented and read by title only. Councilmember Bunker moved to pass Ordinance 9415-20 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Councilmember Hamilton, Vice Mayor Allbritton, Councilmember Bunker and Councilmember Beckman 8.2 Provide direction on the proposed Hotel Development Agreement between Key Clearwater, LLC (property owner) and the City of Clearwater, providing for the allocation of three units from the Hotel Density Reserve under Beach by Design and confirm a second public hearing in City Council Chambers before City Council on November 19, 2020 at 6:00 p.m., or as soon thereafter as may be heard. (HDA2020-08003; 309 Coronado Drive). The subject site (Parcel A; SpringHill Suites), along with Parcel B (Residence Inn) are both addressed as 309 Coronado. Parcel A is the more northerly parcel with frontage along Coronado and Hamden Drives and Third Street. Parcel B is the more southerly parcel and only has frontage along Coronado and Hamden Drives. Each parcel was subject to respective Development Agreements (DVAs), which allocated units to each parcel from the Hotel Density Reserve (Reserve), and site plans approved as part of Flexible Development (FLD) applications, which enabled construction of two separate hotels on two separate parcels with a shared parking garage spanning both properties. Please note that since the parcels were the subject of the noted Development Agreements, the process for allocating units from the Reserve was modified and such agreements are called Hotel Development Agreements (HDAs). For simplicity, any agreement whether a prior DVA or current HDA will be referred to as a Development Agreement or simply an Agreement. Each parcel requested and was granted a specific and separate allocation from the Reserve. Parcel A was allocated 95 units from the Reserve and Parcel B was allocated 79 units. A total of 174 units were allocated. Parcel A originally included a total of 142 units and Parcel B 118 units totaling 260 units. At the time of the original Development Agreement and FLD approvals (FLD2009-08026/DVA2009-00002 [Parcel A] and FLD2009-08027/DVA2009-00003 [Parcel B]), the overall project consisted of five separate parcels. These five parcels were required to be consolidated into two separate parcels (Parcel A and Parcel B). This was done in 2015. At some point between 2015 and 2020 (date uncertain) the Pinellas County Property Appraiser's Office (PCPAO) combined the two parcels into one parcel. Page 6 City of Clearwater City Council Meeting Minutes November 5, 2020 Combining the two properties was contrary to several applicable regulations of the Community Development Code (CDC) and Beach by Design. Specifically, CDC Section 4-406.7 prohibits the addition of property to a parcel previously approved as part of a Flexible Development application. In addition, Beach by Design Section V.13.2 provides that a "maximum of 100 hotel rooms may be allocated from the Reserve to any development with a lot size less than 2.5 acres". As one lot, the parcel would be limited to no more than 100 units allocated from the Reserve. Parcel A received 95 units and Parcel B received 79 units for a total of 174 units between the two parcels. Combining the parcels instantly rendered the newly created parcel in violation of this component of Beach by Design. The only options are to return 74 units to the Reserve or split the parcel back into two parcels. In addition, Staff recently learned that a total of five units allocated from the Reserve to these hotel projects were not constructed (two from Parcel A and three from Parcel B), and notified the applicant on January 21, 2020 that pursuant to each approved Development Agreement as well as Beach by Design, any unconstructed units had to be returned to the Reserve. After the five units were returned to the Reserve, the hotel owners approached the Planning and Development Department about requesting the re-allocation of those five units back to Parcels A and B. The applicants desire to renovate interior space and add three units to the subject hotel (Parcel/Hotel A) and two units to the adjacent hotel (Parcel/Hotel B). Upon receipt of this request, as well as a related companion request regarding the adjacent hotel, three additional issues were found: • The interior space of the two hotels was not constructed in exact alignment with the parcels as indicated in the approved site plans. This impacted the number of units on each parcel (and resulting density) and resulted in several rooms being bifurcated by the common dividing property line. • There are minor discrepancies between the number of rooms approved per the Agreement and associated site plans, and the number of rooms constructed. • There is a minor discrepancy between the number of approved (302) and built (299) parking spaces. The primary purpose of this (and the companion) application is twofold: 1. To re-establish two parcels and locate a common/internal property line so that each parcel contains a density consistent with Beach by Design without bifurcating any hotel rooms; and 2. To reallocate three units from the Reserve to this hotel (Parcel/Hotel Page 7 City of Clearwater City Council Meeting Minutes November 5, 2020 A) and two units to the adjacent companion hotel (Parcel/Hotel B), for a total of five units between Parcels A and B. In response to questions, Senior Planner Mark Parry said staff is not sure when but at some point, the two properties were combined. Beach by Design allows up to 100 units be allocated to any given project, this was two projects with a total of 174 units. The Applicant has chosen to separate the properties. Mr. Parry said staff has reviewed the total number of units to ensure the density on each property meets Beach by Design guidelines. The proposed property line will not bifurcate any of the units. One individual spoke in support. Councilmember Hamilton moved to confirm a second public hearing in City Council Chambers before City Council on November 19, 2020 at 6:00 p.m., or as soon thereafter as may be heard. The motion was duly seconded and carried unanimously. 8.3 Provide direction on the proposed Hotel Development Agreement between Key Clearwater, LLC (property owner) and the City of Clearwater, providing for the allocation of two units from the Hotel Density Reserve under Beach by Design and confirm a second public hearing in City Council Chambers before City Council on November 19, 2020 at 6:00 p.m., or as soon thereafter as may be heard. (HDA2020-04002; 309 Coronado Drive). The subject site (Parcel B; Residence Inn), along with Parcel A (SpringHill Suites) are both addressed as 309 Coronado. Parcel A is the more northerly parcel with frontage along Coronado and Hamden Drives and Third Street. Parcel B is the more southerly parcel and only has frontage along Coronado and Hamden Drives. Each parcel was subject to respective Development Agreements (DVAs), which allocated units to each parcel from the Hotel Density Reserve (Reserve), and site plans approved as part of Flexible Development (FLD) applications, which enabled construction of two separate hotels on two separate parcels with a shared parking garage spanning both properties. Please note that since the parcels were the subject of the noted Development Agreements, the process for allocating units from the Reserve was modified and such agreements are called Hotel Development Agreements (HDAs). For simplicity, any agreement whether a prior DVA or current HDA will be referred to as a Development Agreement or simply an Agreement. Each parcel requested and was granted a specific and separate allocation from the Page 8 City of Clearwater City Council Meeting Minutes November 5, 2020 Reserve. Parcel A was allocated 95 units from the Reserve and Parcel B was allocated 79 units. A total of 174 units were allocated. Parcel A originally included a total of 142 units and Parcel B 118 units totaling 260 units. At the time of the original Development Agreement and FLD approvals (FLD2009-08026/DVA2009-00002 [Parcel A] and FLD2009-08027/DVA2009-00003 [Parcel B]), the overall project consisted of five separate parcels. These five parcels were required to be consolidated into two separate parcels (Parcel A and Parcel B). This was done in 2015. At some point between 2015 and 2020 (date uncertain) the Pinellas County Property Appraiser's Office (PCPAO) combined the two parcels into one parcel. Combining the two properties was contrary to several applicable regulations of the Community Development Code (CDC) and Beach by Design. Specifically, CDC Section 4-406.7 prohibits the addition of property to a parcel previously approved as part of a Flexible Development application. In addition, Beach by Design Section V.13.2 provides that a "maximum of 100 hotel rooms may be allocated from the Reserve to any development with a lot size less than 2.5 acres." As one lot, the parcel would be limited to no more than 100 units allocated from the Reserve. Parcel A received 95 units and Parcel B received 79 units for a total of 174 units between the two parcels. Combining the parcels instantly rendered the newly created parcel in violation of this component of Beach by Design. The only options are to return 74 units to the Reserve or split the parcel back into two parcels. In addition, Staff recently learned that a total of five units allocated from the Reserve to these hotel projects were not constructed (two from Parcel A and three from Parcel B), and notified the applicant on January 21, 2020 that pursuant to each approved Development Agreement as well as Beach by Design, any unconstructed units had to be returned to the Reserve. After the five units were returned to the Reserve, the hotel owners approached the Planning and Development Department about requesting the re-allocation of those five units back to Parcels A and B. The applicants desire to renovate interior space and add two units to the subject hotel (Parcel/Hotel B) and three units to the adjacent hotel (Parcel/Hotel A). Upon receipt of this request, as well as a related companion request regarding the adjacent hotel, three additional issues were found: • The interior space of the two hotels was not constructed in exact alignment with the parcels as indicated in the approved site plans. This impacted the number of units on each parcel (and resulting density) and resulted in several rooms being bifurcated by the common dividing property line. • There are minor discrepancies between the number of rooms approved Page 9 City of Clearwater City Council Meeting Minutes November 5, 2020 per the Agreement and associated site plans, and the number of rooms constructed. • There is a minor discrepancy between the number of approved (302) and built (299) parking spaces. The primary purpose of this (and the companion) application is twofold: 1. To re-establish two parcels and locate a common/internal property line so that each parcel contains a density consistent with Beach by Design without bifurcating any hotel rooms; and 2. To reallocate three units from the Reserve to this hotel (Parcel/Hotel A) and two units to the adjacent companion hotel (Parcel/Hotel B), for a total of five units between Parcels A and B. Councilmember Hamilton moved to confirm a second public hearing in City Council Chambers before City Council on November 19, 2020 at 6:00 p.m., or as soon thereafter as may be heard. The motion was duly seconded and carried unanimously. 9. Second Readings - Public Hearing 9.1 Adopt Ordinance 9399-20 on second reading, annexing certain real properties whose post office addresses are 1468 Carolyn Lane and 1824 Wes Drive, all in Clearwater, Florida 33755, into the corporate limits of the city and redefining the boundary lines of the city to include said additions. Ordinance 9399-20 was presented and read by title only. Councilmember Hamilton moved to adopt Ordinance 9399-20 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Councilmember Hamilton, Vice Mayor Allbritton, Councilmember Bunker and Councilmember Beckman 9.2 Adopt Ordinance 9400-20 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 properties whose post office addresses are 1468 Carolyn Lane and 1824 Wes Drive, all in Clearwater, Florida 33755, upon annexation into the City of Clearwater, as Residential Low (RL). Ordinance 9400-20 was presented and read by title only. Councilmember Bunker moved to adopt Ordinance 9400-20 on Page 10 City of Clearwater City Council Meeting Minutes November 5, 2020 second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Councilmember Hamilton, Vice Mayor Allbritton, Councilmember Bunker and Councilmember Beckman 9.3 Adopt Ordinance 9401-20 on second reading, amending the Zoning Atlas by zoning certain real properties whose post office addresses are 1468 Carolyn Lane and 1824 Wes Drive, all in Clearwater, Florida 33755, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). Ordinance 9401-20 was presented and read by title only. Councilmember Hamilton moved to adopt Ordinance 9401-20 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Councilmember Hamilton, Vice Mayor Allbritton, Councilmember Bunker and Councilmember Beckman 9.4 Adopt Ordinance 9402-20 on second reading, annexing certain real property whose post office address is 3142 San Bernardino Street, Clearwater, Florida 33759 into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Ordinance 9402-20 was presented and read by title only. Vice Mayor Allbritton moved to adopt Ordinance 9402-20 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Councilmember Hamilton, Vice Mayor Allbritton, Councilmember Bunker and Councilmember Beckman 9.5 Adopt Ordinance 9403-20 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 3142 San Bernardino Street, Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Residential Urban (RU). Ordinance 9403-20 was presented and read by title only. Councilmember Hamilton moved to adopt Ordinance 9403-20 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Councilmember Hamilton, Vice Mayor Allbritton, Page 11 City of Clearwater City Council Meeting Minutes November 5, 2020 Councilmember Bunker and Councilmember Beckman 9.6 Adopt Ordinance 9404-20 on second reading, amending the Zoning Atlas by zoning certain real property whose post office address is 3142 San Bernardino Street, Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). Ordinance 9404-20 was presented and read by title only. Councilmember Bunker moved to adopt Ordinance 9404-20 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Councilmember Hamilton, Vice Mayor Allbritton, Councilmember Bunker and Councilmember Beckman 9.7 Adopt Ordinance 9405-20 on second reading, annexing certain real property comprised of 300 feet of Elizabeth Avenue right-of-way abutting real property whose post office address is 327 David Avenue, Clearwater, Florida 33759 into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Ordinance 9405-20 was presented and read by title only. Vice Mayor Allbritton moved to adopt Ordinance 9405-20 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Councilmember Hamilton, Vice Mayor Allbritton, Councilmember Bunker and Councilmember Beckman 10. City Manager Reports 10.1Amend the Clearwater Code of Ordinances, Chapter 2, Article III, Division 5, relating to the Downtown Development Board and pass Ordinance 9414-20 on first reading. The purpose of this item is to request approval of amendments to the Clearwater code that govern the purpose, powers, and functions of the Clearwater Downtown Development Board (DDB). The Florida Legislature created the DDB on July 2, 1970 as a special tax district to assist with downtown revitalization. On June 30, 1977, the state converted governance of the DDB to local ordinance. Since that time, the DDB has existed as an independent tax district whose purpose, powers, and functions are subject to regulation by the City of Clearwater. In 2018, the DDB embarked on a project to update its purpose, policies and Page 12 City of Clearwater City Council Meeting Minutes November 5, 2020 procedures to increase the efficiency and effectiveness of its operations. This has resulted in the adoption of an annual work plan, a new approach to budgeting, increased grant programs, updated financial policies and by-laws. There is a new commitment to outreach to property owners and businesses within the district to inform them on how to obtain funding from the DDB. Prior to the 2020 election, every property owner received a postcard notifying them of the upcoming election and inviting them to take a survey about the DDB's programs. On February 5, 2020, the DDB recommended that the City Council adopt the proposed amendments to the city code to clarify and update the DDB's purpose, powers and functions. Portions of the current code have not been revised since the 1980's and contain outdated language and activities that are no longer relevant to the DDB's operations. The proposed changes align the DDB's purpose with the 2018 Clearwater Downtown Redevelopment plan, coordinate with State law's regarding public meetings, conflicts of interest and public notice, clarify and update elections procedures and update the DDB's functions to require adoption of an annual work plan, the ability to convene downtown stakeholders, form partnerships, act as an aid to the City and CRA and engage in a variety of marketing activities. These changes will allow the DDB to more effectively and efficiently serve their constituents, partner with the City and the Community Redevelopment Agency. Council approval is recommended. One individual spoke in support. Vice Mayor Allbritton moved to amend the Clearwater Code of Ordinances, Chapter 2, Article III, Division 5, relating to the Downtown Development Board. The motion was duly seconded and carried unanimously. Ordinance 9414-20 was presented and read by title only. Councilmember Hamilton moved to pass Ordinance 9414-20 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Councilmember Hamilton, Vice Mayor Allbritton, Councilmember Bunker and Councilmember Beckman 10.2Accept a Gas Utility Easement from Spileo Properties, LLC, for the construction, installation, and maintenance of gas utility facilities on real property located at 600 Alternate US Highway 19, Pinellas County, FL and adopt Resolution 20-49. Page 13 City of Clearwater City Council Meeting Minutes November 5, 2020 SPILEO PROPERTIES, LLC (Grantor) has granted a non-exclusive five-foot wide natural gas easement, on property located at 600 Alternate US Hwy 19 (Parcel ID# 01-28-15-88560-136-0800) for the installation of a natural gas distribution line. This main line will serve a commercial restaurant (Hungry Howie's Pizza). The easement grant is sufficient for the City to maintain and replace its facilities as necessary in perpetuity, or until such time as the City determines to abandon its use. Councilmember Bunker moved to accept a Gas Utility Easement from Spileo Properties, LLC, for the construction, installation, and maintenance of gas utility facilities on real property located at 600 Alternate US Highway 19, Pinellas County, FL. The motion was duly seconded and carried unanimously. Resolution 20-49 was presented and read by title only. Vice Mayor Allbritton moved to adopt Resolution 20-49. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Councilmember Hamilton, Vice Mayor Allbritton, Councilmember Bunker and Councilmember Beckman 10.3Amend the Clearwater Code of Ordinances, Section 33.055, relating to the mooring, beaching and placement of vessels and pass Ordinance 9413-20 on first reading. Chapter 33 of the Clearwater Code of Ordinances (Waterways and Vessels) regulate the use of waterways and the conduct of all persons using such waterways, except as otherwise provided by law. Section 33.055 addresses prohibited mooring, beaching and placement of vessels at city owned facilities. Currently there is no daily time limit that a vessel can moor and occupy one of the city's non-leased public slips or docks. In an effort to provide greater docking opportunities to the boating public, increased turnover of the limited number of non-leased public slips and dock space is in the best interest of all city residents. Those found in violation of Section 33.055 are subject to receiving a civil citation. Councilmember Hamilton moved to amend the Clearwater Code of Ordinances, Section 33.055, relating to the mooring, beaching and placement of vessels. The motion was duly seconded and Page 14 City of Clearwater City Council Meeting Minutes November 5, 2020 carried unanimously. Ordinance 9413-20 was presented and read by title only. Councilmember Bunker moved to pass Ordinance 9413-20 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Councilmember Hamilton, Vice Mayor Allbritton, Councilmember Bunker and Councilmember Beckman Mandalay Channel Video Documentation Update Marine and Aviation Director Ed Chesney said staff has received quotes and identified Dive-Tech as the most responsive bidder to perform the video documentation and the water sampling. Dive-Tech quote was approximately$3,000 for the video and water samples. He said this will be the baseline for the Mandalay Channel, the water sampling will test for fecal coliform. In response to questions, Mr. Chesney said GPS mapping will be conducted for the water sampling. The city will be sampling open waters, of the which it has no jurisdiction and have no obligation to sample. He said the data from the samples cannot be used to confirm if waste originated from a boat, the data will only confirm if there was bacteria present. Mr. Chesney said the City no longer runs its pump-out boat because the grant expired and it benefited the same private residences. The City provides pump out services at three locations. There was council consensus for staff to proceed with the video documentation and water sampling. 10.4Appoint one member to the Marine Advisory Board to fill the remainder of an unexpired term until March 31, 2021. APPOINTMENT WORKSHEET BOARD: Marine Advisory Board TERM: 4 years APPOINTED BY: City Council FINANCIAL DISCLOSURE: Not Required RESIDENCY REQUIREMENT: City of Clearwater Page 15 City of Clearwater City Council Meeting Minutes November 5, 2020 SPECIAL QUALIFICATIONS: None MEMBERS: 7 + 1 Ex Officio CHAIRPERSON: Edward T. O'Brien, Jr. MEETING DATES: 2nd Wed., 8 am (Quarterly) PLACE: Main Library APPTS. NEEDED: 1 THE FOLLOWING ADVISORY BOARD MEMBER HAD RESIGNED AND NOW REQUIRES REPLACEMENT BY A NEW APPOINTEE: 1. Ken Marlow - 1315 Ranchwood Dr., 33764 - Financial Services Original Appointment: 8/4/16 (was serving 1st term to expire 3/31/21) Resigned: 9/5/19 THE NAMES BELOW ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCY: 1. Julie E. Battaglia - 2670 Barksdale Ct., 33761 -Adm.Assistant 2. Maranda Douglas - 1729 Carlisle St., 33756 - Founder, CEO/Top Nauts LLC 3. Roger P. Schulman - 2337 Willow Tree Trail, 33763 - Radio News Broadcasting/Salem Media 4. Aaron Smith-Levin - 1615 Harvard St., 33755 -Self-employed/Investment Research 5. David C. Farrar -224 Skiff Pt., 33767 - Real Estate Investor 6. Deena Stanley - 1280 Lakeview Rd., Lot 339, 33756 - Tax and Payroll Accounting 7. Michael Bergeron -216 Kilmer Ave., 33765 - Lost Property Coord./Retired Firefighter 8. Nicole S. Kent - 2909 Gulf to Bay Blvd., P208, 33759 - Marine Biologist Zip codes of current members on board: 3 at 33759 2 at 33761 1 at 33767 1 at 33786 Councilmember Hamilton moved to appoint Maranda Douglas to the Marine Advisory Board to fill the remainder of an unexpired term until March 31, 2021. The motion was duly seconded and carried unanimously. 10.5Appoint one member to the Community Development Board as the Alternate member to Page 16 City of Clearwater City Council Meeting Minutes November 5, 2020 fill the remainder of an unexpired term through April 30, 2022. APPOINTMENT WORKSHEET BOARD: Community Development Board TERM: 4 years APPOINTED BY: City Council FINANCIAL DISCLOSURE: Yes RESIDENCY REQUIREMENT: City of Clearwater MEMBERS: 7 & 1 Alternate CHAIRPERSON: Michael Boutzoukas MEETING DATES: 3rd Tues., 1:00 p.m. PLACE: Main Library APPTS. NEEDED: 1 SPECIAL QUALIFICATIONS: Board shall include members qualified and experienced in the fields of architecture, planning, landscape architecture, engineering, construction, planning & land use law and real estate THE FOLLOWING ADVISORY BOARD MEMBER HAS RESIGNED AND NOW REQUIRES REPLACEMENT BY A NEW APPOINTEE TO SERVE AS THE ALTERNATE MEMBER: 1. Elizabeth Van Scoyoc - 3460 Countryside Blvd., #51, 33761 -Administrative Specialist Original Appointment: 5/3/18 (was serving 1 st term to expire 4/30/22) Resigned: 9/29/20 (Alternate Member) THE FOLLOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCY: 1. Chelsea Allison - 309 Lebeau St., 33755 - Sales 2. Leslie S. Coley - 809 Woodlawn St., 33756 - Self-employed/Dyvine Appointments LLC 3. Brenda L. Dallas Griffith - 2055 Wilson Blvd., 33755 - Real Estate 4. David Jaye - 2856 Shady Oak Court, 33761 - Real Estate 5. Peter Kohut - 240 Windward Passage Unit 105, 33767 - Civil Engineer Page 17 City of Clearwater City Council Meeting Minutes November 5, 2020 6. Nils Kushta - 2387 Hazelwood Ln., 33763 -V.P. Unicco Construction Group, Inc. Zip codes of current members: 1 at 33755, 1 at 33759, 2 at 33764 and 3 at 33767 Current Categories: 2 Architects 2 Attorneys 1 Civil Engineer 1 Professional Engineer 1 Real Estate Broker One eComment supporting the appointment of Peter Kohut was read into the record by the City Clerk (see page 25). Councilmember Beckman moved to appoint Peter Kohut to the Community Development Board as the Alternate member to fill the remainder of an unexpired term through April 30, 2022. The motion was duly seconded and failed with the following vote: Ayes: 2 - Councilmember Bunker and Councilmember Beckman Nays: 3 - Mayor Hibbard, Councilmember Hamilton and Vice Mayor Allbritton Councilmember Hamilton moved to appoint Nils Kushta to the Community Development Board as the Alternate member to fill the remainder of an unexpired term through April 30, 2022. The motion was duly seconded and carried with the following vote: Ayes: 3 - Mayor Hibbard, Councilmember Hamilton and Vice Mayor Allbritton Nays: 2 - Councilmember Bunker and Councilmember Beckman 10.6Appoint three members to the Municipal Code Enforcement Board with terms to expire October 31, 2023, appoint one member to fill the remainder of an unexpired term until October 31, 2021, and appoint one member to fill the remainder of an unexpired term until October 31, 2022. APPOINTMENT WORKSHEET BOARD: Municipal Code Enforcement Board TERM: 3 years Page 18 City of Clearwater City Council Meeting Minutes November 5, 2020 APPOINTED BY: City Council FINANCIAL DISCLOSURE: Required RESIDENCY REQUIREMENT: City of Clearwater SPECIAL QUALIFICATIONS: Whenever possible, this Board shall include an 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: 5 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. Wayne Carothers - 1475 Excaliber Dr., 33764 -Sales Service Inst. Original Appointment: 2/2/12 (2 Absences in the past year) Interest in Reappointment: NO (currently serving 2nd term to expire 10/31/20) 2. Sheila Cole - 670 Island Way, 33767 - Retired/Exec. Dir Clearwater Beach Chamber of Commerce Original Appointment: 10/4/18 (1 Absence in the past year) Interest in Reappointment: YES (currently filling unexpired term to expire 10/31/20) 3. Sue Johnson - 730 Bruce Ave., 33767 - Retired/BA Inst. Court Original Appointment: 10/19/17 Interest in Reappointment: NO (currently serving 1st term to expire 10/31/20) 4. Robert Prast - 1406 Stonehaven Ln., Dunedin, FL 34698 - Retired/BS Chemistry Original Appointment: 11/5/15 (was serving 2nd term to expire 10/31/21) Resigned: 9/17/20 - (moved out of Clearwater) 5. Daniel Engel -211 S. Prospect Ave., #603, 33756 - Retired/Engineering Original Appointment: 10/20/16 Page 19 City of Clearwater City Council Meeting Minutes November 5, 2020 (was serving 2nd term to expire 10/31/22) Resigned: 10/15/20 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. Lina Teixeira - 522 Cleveland St., #1502, 33755 - RN/Artist/Business Owner 3. David C. Farrar -224 Skiff Pt., 33767 - Real Estate Investor 4. Peter F. Kohut - 240 Windward Passage, Unit 105, 33767 - Civil Engineer 5. Nicole Bray - 1608 Harvard St., 33755 - Business Owner 6. Robert B. Farrer - 3359 Wind Chime Dr., 33761 - Financial Advisor Zip codes of current members: 1 at 33755; 2 at 33764; 2 at 33767 Current Categories: 1 Business, Finance, Real Estate 1 Real Estate Consultant 1 Retired/BA Inst. Court Management 1 Retired/Exec. Dir. Clearwater Beach Chamber of Commerce 1 Sales/Service Councilmember Hamilton moved to appoint Sheila Cole to the Municipal Code Enforcement Board with a term to expire October 31, 2023. The motion was duly seconded and carried unanimously. Vice Mayor Allbritton moved to appoint Peter Kohut to the Municipal Code Enforcement Board with a term to expire October 31, 2023. The motion was duly seconded and carried unanimously. Vice Mayor Allbritton moved to appoint Lina Teixeira to the Municipal Code Enforcement Board with a term to expire October 31, 2023. The motion was duly seconded and carried unanimously. Councilmember Beckman moved to appoint Nicole Bray to the Page 20 City of Clearwater City Council Meeting Minutes November 5, 2020 Municipal Code Enforcement Board to fill the remainder of an unexpired term through October 31, 2021. The motion was duly seconded and carried unanimously. Vice Mayor Allbritton moved to appoint David Farrar to the Municipal Code Enforcement Board to fill the remainder of an unexpired term through October 31, 2022. The motion was duly seconded and carried unanimously. 10.7Confirm COVID-19 Emergency Proclamation and adopt Resolution 20-56. Councilmember Hamilton moved to confirm COVID-19 Emergency Proclamation. The motion was duly seconded and carried unanimously. Resolution 20-56 was presented and read by title only. Vice Mayor Allbritton moved to adopt Resolution 20-56. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Councilmember Hamilton, Vice Mayor Allbritton, Councilmember Bunker and Councilmember Beckman 11. City Attorney Reports — None. 12. Other Council Action 12.1 City Manager/City Attorney Salary Discussion The performance evaluation discussions for the City Manager and City Attorney were conducted by City Council at the October 14, 2020 city council meeting. The council discussion concerning salary is conducted at the subsequent meeting. For Fiscal Year 2021, 3.5% has been budgeted, consistent with all SAM employees. Any increase above 3.5% would require a budget amendment using an appropriation from general fund reserves. Vice Mayor Allbritton moved to approve a 3.5% salary increase Page 21 City of Clearwater City Council Meeting Minutes November 5, 2020 for the City Manager and City Attorney. The motion was duly seconded and carried unanimously. 13. Closing comments by Councilmembers (limited to 3 minutes) Vice Mayor Allbritton said everyone has been on edge the whole election period with a disparity of views, he wants everyone to catch a breath and remember this is America, the greatest country in the world. He encouraged everyone to be nice to their neighbor. Councilmember Bunker said it has been a stressful time for most and it is especially stressful when you see tension among friends. He said he is feeling less stressful already with the election over and hopes we don't see a negative reaction whichever way the election comes out. Councilmember Beckman said election season has come and is almost over and thanked all the candidates who ran and thanked all who helped run the election, those are the people who male democracy work, same as any elected official. She thanked all the applicants for the advisory board vacancies. She said she was happy to see that Pinellas County passed the School Board referendum and Clearwater residents voted down The Landings referendum. She thanked staff for all their hard work and congratulated Jim Halios on being appointed the Director for Parks & Recreation. Councilmember Hamilton congratulated all the winners in the election and commended all the people who didn't win for putting in the effort to run. He said he is worried about the unintended consequences of the constitutional amendments that passed, prices of services and goods will go up because of the minimum wage increase. 14. Closing Comments by Mayor Mayor Hibbard reviewed recent and upcoming events, encouraged residents needing rent, mortgage or utility assistance to contact city staff, and congratulated Jim Halios for being selected as the new Parks and Recreation Director. He said America is stronger than the Democratic or Republican party and whoever wins the presidency, we all should pray they have wisdom, continue to prosper this nation, and unite us. Page 22 City of Clearwater City Council 15. Adjourn Attest Meeting Minutes November 5, 2020 The meeting adjourned at 8:19 p.m. )_,f),.t,yt4/kzs) e City Clerk City of Clearwater A/A:;M9/1 ayor City of Clearwater Page 23 City Council on 2020-11-05 6:00 PM Meeting Time: 11-05-20 18:00 eComments Report 4„, L 0- id T,Pq City Council on 2020-11-05 6:00 PM 11-05-20 48 2 2 0 0 18:00 Sentiments for All Meetings The following graphs display sentiments for comments that have location data. Only locations of users who have commented will be shown. Overall Sentiment • SuppoM 100%) • OPPose(05'6) • Noutra1(0%) No Rosponsei0%) City Council on 2020-11-05 6:00 PM 11-05-20 18:00 10.3 9413-20 cont Amend the Clearwater Code of Ordinances, Section 33.055, relating to the mooring, beaching and placement of vessels and pass Ordinance 9413-20 on first reading. 1 1 0 0 10.5 ID#20-8370 Appoint one member to the Community Development 1 1 0 0 Board as the Alternate member to fill the remainder of an unexpired term through April 30, 2022. Sentiments for All Agenda Items The following graphs display sentiments for comments that have location data. Only locations of users who have commented will be shown. Overall Sentiment Overall Sentiment ▪ Siupporl t00%i ▪ Opposo±O% ▪ NeutraIPO ;. No Response{©%j ▪ Supporti 100%j ■ Oppose?0%i ▪ No utraI(Y , No Nosponssi0%) Elizabeth Davis Location: Submitted At: 9:38am 11-05-20 I am speaking in support of candidate Peter Kohut. I ask that you vote for him as a new member of this board. Residents across the city are looking for balance, and experienced representation. Mr. Kohut can serve us with a wide background of civil engineering work over many towns and cities. Site planning, long term vision, all matter. Choosing his retirement here in the last 6 years, his knowledge and perspective bring fresh vision. His commitment to our mission and values make him the best candidate. Thank you. Beth Davis, 1962 Harding Plaza, Clearwater 33765 • Overall Sentiment ▪ Support( IOO%) ■ Oppase(0%; ▪ Neutral(0,0 No Response;)%) Elizabeth Davis Location: Submitted At: 9:33am 11-05-20 I would like to recommend and ask for your vote to place Peter Kohut on the Community Development Board. He brings a wide background of civil engineer, site planning, and more, from various towns and cities. Experience matters. His family lifestyle, coaching in sports, retiring to Island estates, brings the experience, knowledge and desire to continue to balance Clearwater in the decisions made for our long term future. Thank you . Beth Davis 1962 Harding plaza, Clearwater, 33765 727- 742- 3797