11/16/2020 Council Work Session Meeting Minutes November 16, 2020
City of Clearwater
Main Library- Council Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
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Meeting Minutes
Monday, November 16, 2020
9:00 AM
Main Library - Council Chambers
Council Work Session
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City of Clearwater
Council Work Session Meeting Minutes November 16, 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 9:45 a.m. in Council Chambers at the
Main Library.
2. Presentations — Given.
2.1 November Service Awards
Two service awards were presented to city employees.
3. Finance
3.1 Approve a Claims Service Contract with Sedgwick Claims Management Services of
Nashville, TN, in the not-to-exceed amount of$100,000 for a one-year term from October
1, 2020 through September 30, 2021, pursuant to Clearwater Code of Ordinances
Section 2.564 (I) (i), Exempt from Bidding, and authorize the appropriate officials to
execute same. (consent)
The Risk Management Division of the Finance Department is seeking renewal
of the one-year contract, from October 1, 2020 through September 30, 2021,
with Sedgwick Claims Management Services to provide supplementary claims
services. The supplemental services for adjustment and administration of city
liability and property claims will be beneficial to have in place if excessive claims
are received due to a disaster, storm, or other extenuating circumstances. This
renewal contract has no changes in terms and/or pricing from the previous
year.
Risk Management has retained Sedgwick Claims Management Services in the
past to fill in for staff shortages and they have provided professional and
excellent claims services. This contract will provide Risk Management and the
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Council Work Session Meeting Minutes November 16, 2020
City greater effectiveness and flexibility in the investigative and fiscal
management of our Liability and Property claims.
APPROPRIATION CODE AND AMOUNT:
Account# 5909830-530300 $100,000
In response to questions, Risk Manager Rick Osorio said the Department
typically handles 300-600 claims per year. Assistance was needed while the
city employee who handles these claims was out on medical leave. He said
the department is composed of three employees. He said staff will explore
the possibility of having longer contract periods. Staff looked at the market
rates for two other companies last year to compare rates and Sedgwick's
rates are on par. This is the second year with Sedgwick.
4. Gas System
4.1 Authorize the award of Invitation to Bid 47-20, Mobile Natural Gas Tank Services to
Marlin Gas Services, LLC of Springhill, FL for an initial annual amount not-to-exceed
$250,000.00 with the option for two, one-year term extension options at $150,000
annually and authorize the appropriate officials to execute same. (consent)
Invitation to Bid 47-20, Mobile Natural Gas Tank Services was released on July
29, 2020 with two submissions received on September 3, 2020, but only one
submission being deemed responsive. After further review, Marlin Gas
Services, LLC was determined to meet the requirements of the solicitation at
competitive market prices.
The purpose for this bid is to provide portable compressed natural gas (CNG)
tanks to serve Clearwater Gas System (CGS) customer locations that currently
do not have a permanent gas main installed and to have tanks available in the
event of an emergency. These two categories are outlined below:
1) Emergency Services: Provide CNG tanks in the event of a pressure
loss on CGS gas distribution system that impacts a particular area. An
example of this would be a contractor that hits a CGS gas main in the
right-of-way that could potentially cause an outage in an existing
neighborhood and/or commercial corridor. Estimated annual amount:
$30,000
2) Known Project Sites: To provide CNG backup to existing areas where
CGS currently does not have a natural gas distribution main. Currently
CGS has two projects that meet these criteria:
a. Bexley/Del Webb subdivision (Pasco County): CGS still needs to
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extend the distribution main approximately one mile, along Tower Rd
(aka Bud Bexley Parkway), to serve the Del Webb community. This
project is estimated to be complete by March 2021. Estimated
amount: $100,000
b. US Highway 41 road widening project (Pasco County): CGS has a
one-way feed of gas supply that serves approximately 1,800
customers downstream of a future road construction project along
US Hwy 41, just south of State Road 52. This feed serves the
Connerton and Lakeshore Ranch subdivisions. If a contractor hits a
CGS gas line, CGS may potentially loose gas pressure, resulting in
the loss of all customers downstream of the hit. If this happens, it
will require gas technicians to manually shut-off of each meter
account and re-initiate services once the repair is made and line
pressure is restored. This is a multi-year road project. Estimated
annual amount: $120,000
Clearwater Gas System is currently utilizing Marlin Gas Services' CNG tankers
to serve the Del Webb subdivision as this residential neighborhood is currently
not connected to our distribution system. The original purchase order was
approved in March 2019 at $40,000. Subsequently, the City Council has
approved additional increases, totaling $355,000 for the period March
2019-November 2020. After discussions with the city Finance Department, it
was decided to competitively bid this service as there are other CNG providers
in the US.
APPROPRIATION CODE AND AMOUNT:
Funds are budgeted and available in 4232078-531300
USE OF RESERVE FUNDS: N/A
4.2 Approve an Annual General Permit with Pinellas County to construct and maintain natural
gas facilities and authorize the appropriate officials to execute same. (consent)
This permit will allow Clearwater Gas System (CGS) to install and maintain
natural gas mains and service lines within the Pinellas County right-of-way that
are placed more than five feet from the back of curb or edge of road pavement.
This permit covers regular and recurring activities and specifies the
construction standards for installation of our gas infrastructure. All other gas
work outside the scope of this General Permit will require a Specific Utilization
Permit for each job/project prior to commencement.
Section five of this General Permit contains language that indemnifies Pinellas
County against any damage claims resulting from negligence caused by CGS.
However, our limitation and protection under Section 768.28 of the Florida
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Statutes is not waived.
APPROPRIATION CODE AND AMOUNT:
Funds are budgeted and available in project 96377, Pinellas New Mains and
Service Lines.
USE OF RESERVE FUNDS: N/A
4.3 Ratify and confirm a Purchase Order, in the amount of$137,304, with Technico of Lake
Worth, FL for the purchase of natural gas meters and authorize the appropriate officials to
execute same. (consent)
Staff is requesting Council to ratify and confirm a Purchase Order with
Technico for the purchase of 1,300 Itron-250 cubic feet per hour (cfh) natural
gas meters to serve our residential customers. This PO was approved by the
City Manager on October 29, 2020.
The Itron-type meters were originally included as a line item in Bid #25-20 (Gas
Meters and Regulators), however, no vendor supplied a bid for this type of gas
meter. In July 2020, staff found out Technico was the authorized distributor for
this type of meter. In addition, staff received notice in September 2020 these
meters were being discontinued and the last day to order was October 31,
2020.
CGS has approximately 1,500 Itron-Automated Meter Reading (AMR) Endpoints
that will only attach to this meter. However, staff only ordered 1,300 meters, in
order to keep 200 endpoints in stock for miscellaneous repairs/replacements on
existing meters in the field.
The Itron meters are priced at $102.33/each, which is higher than the current
bid price of$80.70/meter for a different style 250cfh meter under Bid 25-20,
resulting in an increased cost of$28,119. However, the Itron-AMR endpoints
are valued at $62.11 per endpoint; it was important to secure these meters in
order to avoid declaring the endpoints surplus at a loss of$93,170.
Cost Summary:
$133,029 - 1,300 qty Itron 250cfh @ $102.33/meter
$ 3,300 - Shipping costs (est.)
$ 975 - 650 qty Compensating index (2psi) (o-)- $1.50/each
Total PO: $137,304
APPROPRIATION CODE AND AMOUNT:
Funding is budgeted and available in capital projects 96367, Pinellas Meter
Changeout; and 96379, Pasco Meter Changeout.
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USE OF RESERVE FUNDS: N/A
In response to questions, CGS Assistant Director Brian Langille said the
meters will stay out in the field for 10 years. The CGS warehouse has a full
meter shop that can refurbish the meters. He said 1,300 meters are being
purchased but there are 1,500 endpoints, that will serve as extras for
maintenance. The additional meters will not sit around for long, there are
over 1,500 new accounts a year being installed in Pasco County.
5. Parks and Recreation
5.1 Approve First Amendment to Revocable License Agreement between the City of
Clearwater and Sunsets at Pier 60 Society, Inc. to modify the license area of the
agreement and authorize the appropriate officials to execute same. (consent)
The City initially entered into an agreement with Sunsets at Pier 60 Society
Inc. (Sunsets) in 1995 to provide and promote tourism on Clearwater Beach
through its nightly festival known as "Sunsets at Pier 60."
On September 25, 2019, the City entered into a new Revocable License
Agreement with Sunsets to continue providing festivals on portions of Pier 60,
Pier 60 Park, and Beachwalk.
This amendment is needed to correct the license area used by Sunsets to
coincide with the city's current agreement with FDEP as it relates to Pier 60.
The agreement with FDEP allows the City to lease and use state owned
submerged lands for a fishing pier, bait house, and passive recreation.
The current license agreement with Sunsets encroaches on submerged land
regulated by the State.
The amendment corrects this issue by adjusting the area of use on Pier 60 for
Sunsets.
APPROPRIATION CODE AND AMOUNT: N/A
USE OF RESERVE FUNDS: N/A
In response to questions, Parks and Recreation Director Jim Halios said the
State did not have a problem with the City being above the mean high water
line; the State received a citizen complaint. State determined the City is
allowed to have a fishing pier and bait house beyond the high mean water
line. The City provides a grant to Sunsets at Pier 60 inc., which was $18,000
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for this fiscal year, which will be reduced by$6,000 over the next three years
until it is revenue neutral. The event has been very successful in bringing
people into the Pier 60 area. He said staff will determine if Covid has
negatively impacted Sunsets'ability to access the excess income.
6. Engineering
6.1 Approve City of Clearwater staff request to vacate a 30-foot right-of-way easement
described as The South 280' of the East 30' of the following described tract: Commence
at the NE corner of Gulf to Bay Gardens as recorded in Plat Book 50, Page 60, Public
Records of Pinellas County Florida; run thence S 890 57' 24" E, a distance of 200.00' to
the Point of Beginning; thence S 890 57' 24" E, a distance of 100.00', thence S 000 20'
15" E, a distance of 300.00', thence N 890 57' 24" W, a distance of 100.00', thence N 000
20' 15" W, a distance of 300' to the Point of Beginning, as recorded in O.R. Book 5870,
Page 761 of the Public Records of Pinellas County, Florida, and pass Ordinance
9429-20 on first reading.
This right-of-way easement vacation is a contingency in that certain Contract for
Exchange of Real Property dated January 21, 2020, as amended by that certain
First Amendment to Contract for Exchange of real property dated April 20, 2020
(collectively known as the Contract) between the City of Clearwater and
Creative Contractors Inc. This right-of-way easement vacation will be null and
void should the closing under the Contract not occur, should the properties
contemplated to be exchanged therein, not be exchanged, or if for any reason
the City does not reserve the new easements as provided for in the Contract.
Subject to the City's reservation of new easements as provided for in the
contract, 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. City staff have reviewed the right-of-way easement vacation request
and have no objection.
6.2 Approve City of Clearwater staff request to vacate a 20-foot drainage and utility
easement and a 15-foot drainage and utility easement described, correspondingly as
The North 20' and South 15' of the following described tract: Commence at the NE corner
of Gulf to Bay Gardens as recorded in Plat Book 50, Page 60, Public Records of Pinellas
County Florida; run thence S 890 57' 24" E, a distance of 200.00' to the Point of
Beginning; thence S 890 57' 24" E, a distance of 100.00', thence S 000 20' 15" E, a
distance of 300.00', thence N 890 57' 24" W, a distance of 100.00', thence N 000 20' 15"
W, a distance of 300' to the Point of Beginning, as recorded in O.R. Book 5858, Page
1539 of the Public Records of Pinellas County, Florida, and pass Ordinance 9430-20 on
first reading.
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This drainage and utility easement vacation is a contingency in that certain
Contract for Exchange of Real Property dated January 21, 2020, as amended
by that certain First Amendment to Contract for Exchange of Real Property
dated April 20, 2020 (collectively the Contract) between the City of Clearwater
and Creative Contractors, Inc. This drainage and utility easement vacation will
be null and void should the closing under the Contract not occur, should the
properties contemplated to be exchanged therein, not be exchanged, or if for
any reason the City does not reserve the new easements as provided for in the
Contract. Subject to the City's reservation of new easements as provided for in
the contract, 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. City staff have reviewed the drainage and utility easement
vacation request and have no objection.
The Mayor exited Chambers at 10:09 a.m. and returned at 10:12 a.m.
6.3 Approve City of Clearwater staff request to vacate portions of a 15-foot drainage and
utility easement and a 10-foot drainage and utility easement described, correspondingly
as The East 15' of the West 545' of the SW 1/4 of the NE 1/4 of Section 17, Township 29 S,
Range 16 E, less the South 285' AND The East 10' of the West 730' of the SW 1/4 of the
NE 1/4 of Section 17, Township 29 S, Range 16 E, less the South 330', as recorded in
O.R. Book 4082, Page 117 of the Public Records of Pinellas County, Florida, and pass
Ordinance 9431-20 on first reading.
This drainage and utility easement vacation is a contingency in that certain
Contract for Exchange of Real Property dated January 21, 2020, as amended
by that certain First Amendment to Contract for Exchange of Real Property
dated April 20, 2020 (collectively the Contract) between the City of Clearwater
and Creative Contractors Inc. This drainage and utility easement vacation will
be null and void should the closing under the Contract not occur, should the
properties contemplated to be exchanged therein, not be exchanged, or if for
any reason the City does not reserve the new easements as provided for in the
Contract. Subject to the City's reservation of new easements as provided for in
the contract, said easements are 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. City staff have reviewed the drainage and utility easement
vacation request and have no objection.
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6.4 Approve City of Clearwater staff request to vacate a 20-foot drainage and utility
easement described as The North 20' of the East 200' of the West 730' of the SW 1/4 of
the NE '/4 of Section 17, Township 29 S, Range 16 E, as recorded in O.R. Book 5950,
Page 1028 of the Public Records of Pinellas County, Florida, and pass Ordinance
9432-20 on first reading.
This drainage and utility easement vacation is a contingency in that certain
Contract for Exchange of Real Property dated January 21, 2020, as amended
by that certain First Amendment to Contract for Exchange of real property dated
April 20, 2020 (collectively the Contract) between the City of Clearwater and
Creative Contractors Inc. This drainage and utility easement vacation will be null
and void should the closing under the Contract not occur, should the properties
contemplated to be exchanged therein, not be exchanged, or if for any reason
the City does not reserve the new easements as provided for in the Contract.
Subject to the City's reservation of new easements as provided for in the
contract, 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. City staff have reviewed the drainage and utility easement vacation
request and have no objection.
6.5 Accept Sovereignty Submerged Land Lease Renewal 520345063 with the Florida
Department of Environmental Protection, Bureau of Public Lands for use of state-owned
land under three boat slips to be used for mooring rescue vessels at 700 Bayway Blvd
and authorize the appropriate officials to execute same. (consent)
The Board of Trustees of the Internal Improvement Trust Fund (TIIF) of the
State of Florida Department of Environmental Protection, Bureau of Public
Lands requires the City of Clearwater to accept a lease instrument for use of a
parcel of sovereign submerged land in Section 17, Township 29 South, Range
15 East, in Clearwater Harbor, Pinellas County, containing 2,819 square feet,
more or less. Accepting this lease renewal for submerged lands authorizes the
City of Clearwater to use State owned bottomland for the City of Clearwater's
three boat slips located behind the Clearwater Police Substation at 700 Bayway
Blvd in the Clearwater Harbor. The original Sovereignty Submerged Land Lease
was approved by City Council in March 2010. There is no fee associated with
this lease renewal and the new lease will expire November 5, 2024. The 3-slip
docking facility with a boat lift is exclusively to be used for mooring of rescue
vessels. City stakeholders support acceptance of the lease renewal.
6.6 Accept a Sidewalk Easement from Modern Estates, Inc. for the repair, maintenance, and
replacement of a sidewalk on real property located at 635 Woodlawn Street and adopt
Resolution 20-55.
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Council Work Session Meeting Minutes November 16, 2020
The Sidewalk Easement will allow the city rights for repair, maintenance, and
replacement of a sidewalk as the site is developed for residential use.
The City Engineering Department recommends acceptance of the easement.
7. Fire Department
7.1 Approve a professional services agreement and a work order with Wannemacher Jenson
Architects, Inc. (WJA) of St. Petersburg, FL, per RFQ 31-20, for Fire Station 47 in the
amount of$445,869 and authorize the appropriate officials to execute same. (consent)
Fire Station 47, located at 1460 Lakeview Rd., was built in the early 70's. Due to
the structure's age, the station does not meet current best practices and
standards; therefore, it is in need of replacement.
October 2019, the City purchased property across from Clearwater High School
on S. Hercules Ave. for the future site of the new Fire Station 47.
June 2020, a Request for Qualifications (RFQ #31-20) was issued seeking an
architectural firm to design the replacement for Fire Station 47.
The RFQ selection committee, consisting of four representatives from the Fire
and Engineering departments, conducted interviews with five of the ten
architectural firms that submitted qualifications. The committee selected
Wannemacher Jenson Architects to design the replacement Fire Station 47.
WJA initial work order includes design (architectural, structural, civil,
mechanical, electrical, plumbing, fire protection & alarm, interior design,
landscape), permitting, and architecture/engineering services during
construction for a new four (4) bay fire station at 601 S. Hercules Ave. Design is
expected to take approximately eight months.
The Fire Department is responsible for owning and operating Fire Station 47.
APPROPRIATION CODE AND AMOUNT:
FDO0190002-DSGN-PROSVC $445,8639
Funds are available in Capital Improvement Project FD00190002, Fire Station
47, to fund the work order.
USE OF RESERVE FUNDS:
NA
In response to questions, Fire Chief Scott Ehlers said the Department has
used Wannemacher-Jenson for stations 46 and 47. Assistant City Manager
Michael Delk said Wannemacher-Jenson did not provide estimates for the
Main Library. Engineering Director Tara Kivett said per city procurement
guidelines, any project that meets CCNA thresholds, a Request for
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Council Work Session Meeting Minutes November 16, 2020
Qualifications must be issued soliciting an architectural firm. The selection
committee reviews the responding firms'references and past projects.
7.2 Approve the CARES Act Funding Agreement between Pinellas County and the City of
Clearwater for public assistance support for COVID-19 expenditures and allow the City
Manager or designee to enter into, approve, and execute same and any future
modifications for COVID-19 expenditures. (consent)
The CARES Act Funding Agreement is a grant for federal funds appropriated
pursuant to Section 601 of the Social Security Act. Funds will be used to cover
costs incurred due to the public health emergency and governor's disaster
declaration on March 13, 2020 with respect to COVI D-19.
The United States Department of Treasury deemed Pinellas County as a unit of
local government eligible to receive grant funding. The Department of Treasury
is the Federal Awarding agency with Pinellas County, Florida being the
Pass-Through Entity to provide funds to the City of Clearwater as a
subrecipient. The total amount of the Federal award is $170,100,000.00. The
City of Clearwater has been approved to receive up to $1,408,513.00 of the
award as a grant to pay or reimburse necessary expenditures incurred due to
the COVID-19 emergency for the period of March 1, 2020 through December
30, 2020.
Pinellas County's Program Manager will be responsible for enforcing
performance of this Agreement and will be the liaison with Jevon Graham,
District Chief of Emergency Management.
The Federal Government passed the CARES Act March 27, 2020 to give relief
for public health and economic impacts of COVID-19. It is now necessary for
the City of Clearwater, as the Subgrantee/Subrecipient, to enter into the
Agreement with Pinellas County (the Grantee/Recipient) in order to participate in
this grant program.
APPROPRIATION CODE AND AMOUNT:
NA
USE OF RESERVE FUNDS:
NA
8. Planning
8.1 Approve the annexation, initial Future Land Use Map designations of Residential Low
(RL) and Water/Drainage Feature and initial Zoning Atlas designation of Low Medium
Density Residential (LMDR) District for 2079 Burnice Drive, and pass Ordinances
9396-20, 9397-20, and 9398-20 on first reading. (ANX2020-06006)
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This voluntary annexation petition involves a 0.34-acre property consisting of
one parcel of land occupied by a single-family dwelling. The property is located
on the south side of Burnice Drive, approximately 1,650 feet west of S. Belcher
Road. 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. It is proposed
that the property be assigned the Future Land Use Map designations of
Residential Low (RL) and Water/Drainage Feature 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 Burnice Drive
right-of-way. The applicants have paid the City's sewer impact and
assessment fees in full and are 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 N.
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 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 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 Water/Drainage Feature category recognizes the existing pond
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Council Work Session Meeting Minutes November 16, 2020
on the property. 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; therefore, the annexation is consistent with Florida
Statutes Section 171.044.
APPROPRIATION CODE AND AMOUNT:
N/A
USE OF RESERVE FUNDS:
N/A
8.2 Approve a Development Agreement between Key Clearwater, LLC (the property owner)
and the City of Clearwater, providing for the allocation of three units from the Hotel
Density Reserve pursuant to Beach by Design, authorize the appropriate officials to
execute same and adopt Resolution 20-39. (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.
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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 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.
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• 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.
No changes have been made to the Development Proposal presented at the
November 5, 2020 Council meeting.
The Planning and Development Department is recommending approval of this
Development Agreement for the allocation of up to three units from the Hotel
Density Reserve under Beach by Design.
8.3 Approve a Development Agreement between Key Clearwater, LLC (the property owner)
and the City of Clearwater, providing for the allocation of two units from the Hotel Density
Reserve pursuant to Beach by Design, authorize the appropriate officials to execute
same and adopt Resolution 20-40. (HDA2020-004002; 309 Coronado Drive)
Executive Summary
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
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.
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Council Work Session Meeting Minutes November 16, 2020
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
per the Agreement and associated site plans, and the number of rooms
constructed.
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Council Work Session Meeting Minutes November 16, 2020
• 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.
No changes have been made to the Development Proposal presented at the
November 5, 2020 Council meeting.
The Planning and Development Department is recommending approval of this
Development Agreement for the allocation of up to three units from the Hotel
Density Reserve under Beach by Design.
9. Information Technology
9.1 Approve a purchase order with Carousel Industries, Inc. for purchase and installation of a
VESTA 9-1-1 Portable Command Post in the amount of$117,906.94, annual
maintenance of Avaya software and hardware for the City's PBX phone switch in the
amount of$71,000, pursuant to Clearwater Code of Ordinances Section 2.564(1)(d)
Exceptions to Bid - Other Government Entities' Bids, and authorize the appropriate
officials to execute same. (consent)
The City completed construction of a new Emergency Operations Center
(EOC) at Fire Station 48 which includes a backup emergency call center
for 9-1-1 calls and dispatch. Pinellas County 9-1-1 Center is responsible of
all contracting and maintenance work on the county-wide 9-1-1 dispatch
solution. Carousel Industries (Carousel) was the awarded vendor with
Pinellas County under Bid No. 156-0302-M, to provide these maintenance
upgrade services which prevents us from having to bid these upgrade
services independently.
Carousel will upgrade ten of the existing full VESTA workstations at the
Primary Clearwater Police Department (CPD) Communication Center with
ten Command Post laptops.
The VESTA Command Post 9-1-1 call processing solution is a portable
call-taking workstation that allows a call taker to move from one location to
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City of Clearwater
Council Work Session Meeting Minutes November 16, 2020
another, reconnect to their host system and begin taking 9-1-1 calls. The
Portable Command Post will give the Police Communication call takers the
ability to take 9-1-1 calls from either the CPD Communication Center
during normal business operations or from the City EOC during emergency
management related events.
Contingency costs ($10,700) are included in this dollar amount. Funding
for the VESTA Upgrade is part of the existing EOC Construction Project;
CIP #94888; 1st year maintenance is included in this purchase; future year
maintenance costs will be included in the CPD operating budget.
The City also has an existing maintenance contract with Carousel for
approximately $71,000 for software and system maintenance of the City's
primary telephone PBX (non-emergency phone switch). This purchase
order is a piggy-back off of NASPO State Contract
#43220000-WSCA-14-ACS and will be renewed in December as a
separate scope of service under the City Manager's authorization.
APPROPRIATION CODE AND AMOUNT:
CIP Project 94888- City EOC Expansion $117,906.94
IT Operating Budget 5559865-542100 Telephone Utilities $71,000
10. Marine & Aviation
10.1Approve Joint Participation Agreement (JPA) G1093 between the City of Clearwater and
the State of Florida Department of Transportation (FDOT), authorize the appropriate
officials to execute same and adopt Resolution 20-58.
FDOT JPA Agreement G1093 provides for 80% grant funding for the Clearwater
Airpark Security System Upgrades, with Airpark revenues providing a 20%
match. This agreement provides for the upgrades of security cameras and
associated equipment. The project cost is $75,000.00 with FDOT contributing
$60,000.00, Airpark Fund providing a $15,000.00 match.
APPROPRIATION CODE AND AMOUNT:
Funds are available in capital improvement project G2108, Security System
Upgrade, to fund this project.
11. Official Records and Legislative Services
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Council Work Session Meeting Minutes November 16, 2020
11.1Advisory Board Discussion
The City's advisory board program is composed of 16 active advisory or
regulatory (quasi-judicial) boards that meet quarterly or monthly. To facilitate
today's discussion, staff recommends focusing on the non quasi boards listed
below. The powers and duties of each board are listed as defined by existing
city code.
Airpark Advisory Board
The airpark advisory board may initiate studies and make recommendations
on the operation and maintenance of the airpark to the city council and shall be
responsive to the city council on airpark matters referred to the board by the city
council.
Environmental Advisory Board
The objective of the board shall be to provide citizen insight to the city
commission and staff on environmental activities within and affecting the city.
The board shall have the following powers and duties: 1) identify and assess
significant environmental objectives, and 2) review and provide
recommendations to the city commission on selected environmental programs
and projects.
Library Board
The library board shall make recommendations to the city commission
concerning all matters pertaining to the management and use of the library
system, including but not limited to the establishment of such rules and
regulations governing the privilege of using the library by members of the public
as they may deem advisable.
Marine Advisory Board
The marine advisory board shall initiate studies and make
recommendations on marine matters of the city to the city commission and
shall be responsive to the city commission on marine matters referred to the
board by the city.
Parks & Recreation Board
The parks and recreation board shall consult with and advise the city
manager and other municipal officers regarding the physical condition of,
improvements on, and beautification of the public parks and playgrounds; shall
serve in an advisory capacity in connection with all public parks, parkways,
playgrounds, athletic fields, bathing beaches, and all other property owned or
controlled by the city and used for public purposes; shall make
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City of Clearwater
Council Work Session Meeting Minutes November 16, 2020
recommendations regarding the development of city property as public parks
and playgrounds; and shall submit reports to the city commission regarding
their recommendations.
Sister Cities Advisory Board
The sister cities advisory board shall make recommendations for the
effective functioning of sister cities activities and advise the city commission of
sister cities program issues that might impact the expansion or development of
the program.
Discussion ensued with comments made that the city advisory boards can
be better utilized and that the advisory boards advise the City Council. It was
stated that council has engaged certain advisory boards for a specific project
and there have been times when boards have taken on a topic they are
passionate about.
In response to questions, the City Clerk said the meeting agendas are
published one week prior to the meeting. Board liaisons know a special
meeting can be scheduled if there is a need to meet and take action prior
to the board's next regularly scheduled meeting. She said advisory boards
typically provide an annual report at a council meeting. The City Manager
said a quarterly meeting schedule was adopted because at that time the
boards were not meeting and were not active. The assigned staff liaison has
not been advocating action items unless a particular activity required board
action. He said if a board does not have an issue requiring their action then
nothing happens.
In response to a concern, the City Clerk said all of the advisory board
meeting schedules and agendas are posted online. The Parks and
Recreation advisory board meeting regarding renaming the park was noticed
and advertised in the newspaper per city council policy. The City Attorney
said Councilmembers must be careful with the appearance of giving an
advisory board personal direction because it is City Council who provides
direction to the advisory boards.
Discussion ensued with consensus to require the agendas for the advisory
board meetings be published at least two weeks prior. The City Manager
said board liaisons will discuss the board's mission and meeting frequency to
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City of Clearwater
Council Work Session Meeting Minutes November 16, 2020
determine if changes are needed and present Council with feedback.
The Council recessed from 11:11 a.m. to 11:19 a.m.
12. Legal
12.1Approve an amendment to the subordination agreement entered on September 1, 2016
among Branch Banking and Trust Company (BB and T), Clearwater Marine Aquarium,
and the City of Clearwater and authorize the appropriate officials to execute same.
(consent)
On January 13, 2011, City Council authorized negotiation and drafting of a
subordination agreement and modification of the reverter rights held by the City
in a portion of the Clearwater Marine Aquarium Property.
In 2016, the City agreed to subordinate its reverter interest to up to $25 million
dollar loan.
Due to the financial impacts of the COVID-19 pandemic, the Clearwater Marine
Aquarium is requesting that the City amend the Subordination Agreement to
eliminate the $25 million cap on the amount they can borrow.
If the amendment to the subordination Agreement is approved:
The City will subordinate its reverter rights applicable to Parcel 1 to a
mortgage without limitation. The Subordination Agreement precludes any
action on behalf of the City to enforce the reverter or other restrictions on the
property unless the City first pays off the existing indebtedness on the
Aquarium.
In return for the City's subordination, BB and T provides the City with the right
of first refusal to acquire its first mortgage position and/or title, if applicable, to
Parcels 1, 2 and 3, should the City elect to exercise its reverter rights by
paying off the existing indebtedness in the event of the Aquarium's default or
demise.
The City will have no obligation to purchase the mortgage, nor is the City
guaranteeing any debt.
Should the Aquarium fail and/or default on the outstanding indebtedness, and
BB and T pursues its mortgage rights, the City would have the option to either
obtain control of the entire CMA campus (all Parcels) in return for payment of
the then existing debt balance, or waive this option, with BB and T then able to
proceed with foreclosure on the Parcels.
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Council Work Session Meeting Minutes November 16, 2020
12.2Confirm COVID-19 Emergency Proclamation and adopt Resolution 20-60.
12.3Request for authority to settle case of City of Clearwater v. The Estate of Hotmire, et al.,
Case No. 18-8368-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 the Estate of Harry Hotmire (the Estate),
owner of the property located at 907 Chestnut Street.
The property is under contract for sale to a third-party purchaser and the Estate
has offered $25,000.00 to settle the case. Therefore, authority is being sought
to settle this case for$25,000.00 in exchange for which the City: 1) will release
the lien that attaches to this property; and 2) and dismiss the lawsuit.
12.4Request for authority to settle the case of City of Clearwater v. H and S Realty and
Property, Inc., et al., Case No. 19-2452-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 H&S Realty & Property, Inc. (the Estate),
owner of the property located at 1501 N. Betty Lane.
The property has since been brought into compliance with the City's codes and
the property owner has offered $20,000.00 to settle the case. Therefore,
authority is being sought to settle this case for$20,000.00 in exchange for
which the City will: 1) release the lien that attaches to this property; and 2) and
dismiss the lawsuit.
12.5Confirm the Declaration of a State of Emergency due to conditions surrounding Tropical
Storm Eta and adopt Resolution 20-61.
The entire City of Clearwater was threatened by the wind and rain and
disruption of services and coastal areas are threatened by storm surge
attendant to the arrival of Tropical Storm Eta.
Mayor Frank Hibbard issued a Proclamation of a State of Emergency on
November 11, 2020. Section 15.07(2) of the Code of Ordinances requires the
City Council to confirm a Declaration of a State of Emergency at the next
regularly scheduled meeting.
12.6Adopt Ordinance 9413-20 on second reading, amending Section 33.055 of the
Clearwater Code of Ordinances to limit a vessel's daily hours of occupancy of certain
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Council Work Session Meeting Minutes November 16, 2020
non-leased public dock slips.
12.7Adopt Ordinance 9414-20 on second reading, amending Chapter 2, Article III, Division 5
of the Clearwater Code of Ordinances relating to the Downtown Development Board,
amending definitions; amending the Statement of Policy and Findings of the Downtown
Development Board; amending the boundaries of the Downtown Development Board;
amending referenda and elections process; amending eligibility requirements to vote in
freeholders' elections; amending the bylaws, quorum and meeting requirements for the
Downtown Development Board; amending the functions and powers of the Downtown
Development Board; and creating a voting conflict of interest requirement.
12.8Adopt Ordinance 9415-20 on second reading, vacating 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, 87 9 and 10 as recorded in
Plat Book 4, Page 82 of the Public Records of Hillsborough County, of which Pinellas
County was once a 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.
13. City Manager Verbal Reports — None.
14. City Attorney Verbal Reports — None.
15. Council Discussion Item
15.1Call-ins after COVID - Councilmember Beckman
Councilmember Beckman requested consideration to allow call-ins after the
COVID pandemic. She said the CDC recommends people not gather with
large groups in enclosed spaces. Individuals can provide a recorded
message by a certain time that can be played during the meeting.
In response to questions, Public Communications Director Joelle Castelli
said it will be easier to allow individuals to call a number and record their 3-
minute statement and play that during the meeting than to allow live
conversations during the meeting. The more calls the more time intensive it
will be for staff to index the comments based on the agenda item. The City
Attorney said, similarly to individuals providing in-person comments, Council
may rule individuals out of order but Council may not regulate the content of
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Council Work Session Meeting Minutes November 16, 2020
their comments.
There was council consensus to allow call-ins during the COVID pandemic.
16. 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.
17. Closing Comments by Mayor— None.
18. Adjourn
The meeting adjourned at 11:35 a.m.
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City of Clearwater