07/12/2021 Council Work Session Meeting Minutes July 12, 2021
City of Clearwater
Main Library- Council Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
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Meeting Minutes
Monday, July 12, 2021
9:00 AM
Main Library - Council Chambers
Council Work Session
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City of Clearwater
Council Work Session Meeting Minutes July 12, 2021
Roll Call
Present 4 - Mayor Frank Hibbard, Councilmember Hoyt Hamilton, Councilmember
Mark Bunker, and Councilmember Kathleen Beckman
Absent 1 - Councilmember David Allbritton
Also Present: William B. Horne — 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
The meeting was called to order at 9:00 a.m.
2. Presentations — Given.
2.1 Police Oaths
The City Clerk administered the Oath of Office to Police Officers Ryan
Belding, Bryanna Bora, Bryan Cerezo, Jared Coupland, Anthony
Curcio, Jessica Dylla, Courtland Harrison, Brenden Petersen, Ivan
Hernandez-Perez and Zachary Zarra.
3. City Manager
3.1 A presentation on the various forms of energy available in the U.S. energy sector and
future trends. (WSO)
Sol Haroon and Street Lee from McKim and Creed will present on the various
forms of energy available to the Southeastern United States and their impact.
The presentation will also discuss methods of achieving energy efficiency in
facilities.
McKim & Creed consultant Sol Haroon provided a PowerPoint presentation.
In response to questions, Mr. Haroon said he reviewed the City's 2011
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Greenprint plan and the draft of Greenprint 2.0. He supports the City's
education and awareness efforts. The cities of Atlanta and Charlotte have
similar sustainability goals as those identified in Greenprint. Solar
modules have evolved over the past 20 years and are more recyclable today
but still not at the level of recycling lead acid batteries. He said after 25
years, the solar modules are still producing 80% of their power and can be
repurposed. Solar modules are produced using fossil fuels. In terms of the
energy payback, fossil fuels are used to create solar modules and it currently
takes approximately one to two years for cumulative clean net energy payoff.
Mr. Haroon said the average solar capacity nationwide is 24% but studies do
not show more than 30% in Florida. In terms of capacity, solar energy will
never compete with natural gas, but that can be changed if storage capacity
is available.
In response to a suggestion, the City Manager said hiring an energy
manager would be an appropriate topic as a strategic planning discussion
item.
In response to questions, Mr. Haroon said the city has done a fair amount of
energy efficiency initiatives, such as implementing LED lighting. Another
efficiency opportunity to consider is replacing heating and cooling systems
as they near their end of cycle. A cost benefit analysis on items that are less
than 50% of its life cycle, compared to operations and maintenance costs,
will help determine if an item should be replaced prior to its of life. He said,
when determining solar panel installations, he suggested an economic
analysis of key buildings with good surface area and no shading, parking
lots, and solar parks that considered the cost to install, analysis of the
electrical system, and payback determination. Rooftop solar panels directly
offset the energy being used in that location. Solar parks or ground-mounted
solar modules decrease costs. He said solar modules that can be
consumed locally have a greater opportunity in terms of return on
investment. Sustainability Coordinator Sheridan Boyle said the new police
substation project is unique as it requires Category-5 building standards. The
costs associated with implementing a canopy over the parking structure for
the solar panels that was not bolted into the roof were high. Mr. Haroon said
microgrids are another resource for utilities to dispatch power where it is
needed. During Hurricane Sandy, the utilities used microgrids to support the
system. Microgrids are not about entirely using self energy but about shifting
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the patterns of energy usage. He said utilities want consumers to use more
energy at night and less during the day. Mr. Haroon said he has not built a
Category 5 array. Mr. Street said he is working with Hillsborough County on
a Category 5 ground-mounted array. Category 5 requirements does increase
the structural cost. Mr. Haroon said energy is not charged at the same time,-
rate
ime,rate structures may sometimes incorporate time of use.
There was consensus to incorporate energy goals into the Greenprint
discussion.
4. Office of Management and Budget
4.1 Adopt a tentative millage rate of 5.9550 mills for fiscal year 2021/22; set public hearing
dates on the budget for September 16, 2021 and September 30, 2021, to be held no
earlier than 5:00 p.m., and schedule a special work session on August 3, 2021 at 3 p.m.
to fully discuss the proposed budget.
In accordance with the Truth in Millage (TRIM) process, the City Council must
adopt a tentative millage rate and set public hearing dates prior to finalizing and
adopting a budget. This information must be provided to the Pinellas County
Property Appraiser and Tax Collector by August 4, 2021. The City's proposed
millage rate and public hearing dates will be included on the TRIM notices
mailed to taxpayers in August. This tentative rate cannot be increased without
first-class mailing notification to each taxpayer at the expense of the City of
Clearwater, not less than 10 days and not more than 15 days before the public
hearing.
The City Manager's recommended millage rate is 5.9550 mills, the same as the
current year. This rate is 7.56% more than the rolled back rate of 5.5367 mills.
The rolled-back rate is the millage rate that will provide the City with the same
property tax revenue as was levied in the prior year. If the proposed millage rate
of 5.9550 mills is adopted, the City's ordinance adopting the millage rate will
reflect a 7.56% increase from the rolled-back rate of 5.5367 mills.
The proposed millage rate as well as other TRIM millage rates will be noted on
the 2021 compliance forms as follows:
5.9550 mills - Tentative millage rate
5.5367 mills - Rolled-back millage rate
6.4491 mills - Maximum majority vote rate
7.0940 mills - Maximum two-thirds vote rate
A special budget work session is being scheduled for Tuesday, August 3, 2021,
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at 3 p.m. to fully discuss the proposed budget.
The City Manager and Budget Manager Kayleen Kastel provided a
PowerPoint presentation.
In response to questions, Ms. Kastel said, for now, staff is proposing 2 FTEs
in Parks and Recreation for beach cleanup, staff will monitor the FTEs'
progress and determine how long the positions are needed. These positions
are funded by parking fund revenues. Assistant City Manager Micah Maxwell
said the intent is to move the FTEs to Imagine Clearwater for park
maintenance. Ms. Kastel said there are four new FTEs in Planning and
Development, three will be housed in code compliance: a supervisor, an
inspector and a customer service representative. Planning and Development
Director Gina Clayton said at the Strategic Planning Session meeting in May,
staff discussed adding three positions to help unload the administrative work
falling on the code enforcement officers. The Department no longer has a
Business Tax Receipt Inspector, code enforcement officers have
incorporated the responsibilities into the daily work. She said staff proposed
an inspector who will be dedicated to BTRs. Finance Director Jay Ravins
said staff is confident the stimulus funds will be spent, staff is working on
proposed recommendations for council to approve at a future meeting. He
said there is a possibility that staff consider obtaining a consultant to assist
with the fund expenditures. The Treasury Department is still revising funding
guidance and have not fully outlined the reporting details. The City Manager
said Pinellas County is considering hiring an employee dedicated solely to
managing the County's allocation and reporting requirements.
The Council recessed from 10:49 a.m. to 10:58 a.m.
5. Economic Development and Housing
5.1 Approve the Advantage Pinellas Housing Compact between the municipalities within
Pinellas County, the Pinellas County Board of County Commissioners and Forward
Pinellas and authorize the appropriate officials to execute same. (consent)
Pinellas County staff organized a Countywide Housing Strategy Tactical Team
to establish the framework and terms of a countywide approach to affordable
housing. City staff from the Economic Development and Housing Department
and the Planning and Development Department participated in the Tactical
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Team meetings. The goal was to create an organized, countywide approach to
meeting residents' needs for rental and ownership housing affordability.
Under the Compact, the parties agree to work toward developing strategies on
several issues that impact availability and quality of housing as well as racial,
social, economic, and geographic equality. Strategies include partnering with
various stakeholders to implement the Compact and coordinating among
jurisdictions to develop goals, and shared terminology/definitions addressing
affordable housing. The partners also agree to work toward developing a
centralized data repository and performance metrics to identify needs and
measure progress. While the Compact creates a coordinated framework for
addressing affordable housing needs, the partners agree to do so while
respecting the autonomy of each local jurisdiction.
Pinellas County Planning Division Manager Evan Johnson provided a
PowerPoint presentation.
In response to questions, Mr. Johnson said performance measures will be
developed as the action plan is launched and further developed. The County
does not have good data about the number of available affordable housing
units and their location. He said the data is needed before an area is
redeveloped. He said job training and creation will be considered through
land use/transportation redevelopment incentives.
5.2 Approve the City of Clearwater's Fiscal Year (FY) 2021/2022 Annual Action Plan, which
is the second Action Plan of the FY2020/2021 - FY2024/2025 Consolidated Plan, to
implement the goals and objectives set forth in the Consolidated Plan, and authorize the
appropriate officials to enter into agreements with HUD and organizations approved for
funding, together with authorization to execute administrative adjustments to same as
needed.
On July 16, 2020, City Council approved the 2020/2021 - 2024/2025
Consolidated Plan (Consolidated Plan) identifying the city's goals and objectives
with respect to the city's administration of HOME Investment Partnership
(HOME) and Community Development Block Grant (CDBG) Program funds.
Under the Consolidated Plan, the City is required by US Department of Housing
and Urban Development (HUD) to create and implement a plan each year to
identify the sources and uses of these funds for housing, community programs,
and economic development. This plan, referred to as the Annual Action Plan,
provides HUD with the City's housing budget and proposed expenditures based
on the entitlement funds and estimated program income that the City will
receive in the upcoming fiscal year to meet the goals and objectives established
in the Consolidated Plan.
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Funds will be used to develop viable communities and sustain existing ones. In
addition, the funds will be used to provide safe, decent and affordable housing to
assist extremely low- to moderate-income households. This year's Annual
Action Plan allocates federal funds to provide housing opportunities to extremely
low- to moderate-income households for new and existing homes, construction
and/or renovation of public facilities, and to fund public services programs.
In FY 2021-2022, the City will receive $922,626 in entitlement funds for the
CDBG Program and $452,259 in entitlement funds for the HOME Program. The
City is also reprogramming: $3,358,202 in prior year HOME entitlement and
program income funding; $150,000 in anticipated FY 2021-2022 HOME program
income; $543,634 in prior year CDBG entitlement and program income funding;
$27,500 in anticipated FY2021-2022 CDBG program income; and $1,251,658
(including $71,600 in anticipated FY2021-2022 program income) in CDBG
Revolving Loan Program funds. Funds provided through the CDBG Program
may be used for housing, community and economic development, public
services and facilities, acquisition, relocation and administration. Funds
provided through the HOME Program are limited to housing-related activities
and administration.
The City partners with several non-profit agencies to implement the goals and
objectives established in the Consolidated Plan. To obtain these partners, the
City annually publishes in February a Notice of Funding Availability in the local
newspaper and on its website. This notice informs the public of the resources
the City will make available and the eligible uses of these resources. It also
informs them of the 30-day application period for requesting funds. The
applications were due on March 18, 2021 with the City receiving 23 applications;
23 applications received an allocation of funding.
A Technical Review Committee (TRC) comprised of a professional in the social
service and grants community, a member of the City's Neighborhood and
Affordable Housing Advisory Board (NAHAB), a representative of the North
Greenwood Community, the City Clerk and the City's Neighborhood Coordinator
reviewed and ranked the applications. Applicants were provided an opportunity
to present their proposed projects at the April 13, 2021 NAHAB meeting. City
Housing staff also reviewed each application to ensure it met HUD's baseline
requirements. With guidance from the TRC and NAHAB and based on available
funding, City staff prepared recommended funding allocations. The NAHAB met
on May 11, 2021 and approved the recommended allocations.
Each year the City may allocate up to 15% of its CDBG funds for Public
Services activities. This year the City received fourteen requests for funding of
public services from eleven public service providers in the amount $240,230.
$226,560 was available to fund the fourteen activities. This amount is unusually
high because the City converted remaining Neighborhood Stabilization Program
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funds to CDBG and was able to direct a portion of those funds towards public
services. Staff recommends the following: allocation of funding at 100 percent
to housing services providers to support housing program needs. Allocation of
funding for the remaining eight organizations based on the tiered ranking of TRC
scoring for which the three highest-ranked applicants are granted 100 percent
funding, the next three highest-ranked applicants are funded at approximately 90
percent and the two lowest-ranked applicants are funded at approximately 85
percent.
The City received eight requests for funding of Public Facilities improvements.
The TRC reviewed each application and recommended funding of each request
as appropriate. Staff is recommending funding of all eligible components of
each request. The total staff-recommended allocation of the eight projects is
$671,925. This investment will help daily operations of each public Service
Provider with improved facility functionality, efficiency, and safety features.
The Annual Action Plan serves as a budget for planned projects and identifies
unallocated funds available for additional project(s) throughout the budget year.
Staff requests authorization to make administrative adjustments during the
budget year to fund additional project(s), including shifting funds between
projects within budgetary segments. Staff will request Council approval for any
administrative adjustments that exceed City Manager authority of$100,000.
On July 13, 2021, the NAHAB passed a motion recommending City Council
approval of the FY2021/2022 Annual Action Plan.
The FY2021/2022 Annual Action Plan is due to HUD on August 15, 2021. All
organizations that will be receiving an allocation will have agreements prepared
and executed by October 1, 2021. Staff will perform compliance monitoring with
funded organizations on an annual basis.
Economic Development and Housing Assistant Director Chuck Lane
provided a PowerPoint presentation.
In response to questions, Mr. Lane said HUD requires the goals outlined in
the presentation. The maximum award for public services has always been
$25,000 per organization and $95,000 for building improvements. He said
only 15% of the City's CDBG allocation may be used for public services. The
cap is intended to spread the allocation throughout the city. The
recommended funding allocations are designated American Rescue
Plan funds tied to the HOME program. He said staff anticipates a $1.6 million
allocation in the Fall. The funds will be used to assist individuals struggling
with homelessness due to COVID. Economic and Development and Housing
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Director Denise Sanderson said the large goals in the consolidated plan
are based on the data collected. There is flexibility with the applications
coming forward but they must align with the established goals. Mr. Lane said
staff has proposed an additional FTE to assist with the increased demand
associated with managing these funds.
6. Engineering
6.1 Accept a Drainage and Utility Easement from the property owners of Vue At Belleair
Apartments for the construction, installation and maintenance of drainage and utility
facilities on real property located at 1551 Flournoy Circle West, Clearwater and adopt
Resolution 21-16.
The granting of the Drainage and Utility easement from the property owners to
the City is a condition of vacation Ordinance 9455-21, approved by Council on
June 17. The acceptance of the Drainage and Utility easement fulfills that
condition and grants the city rights to install, operate and maintain drainage and
utility facilities within the easement area at the Vue of Belleair Apartments.
The Engineering Department recommends acceptance of the easement.
6.2 Accept a Water Line Easement from the property owners of Vue At Belleair apartments
for the construction, installation, and maintenance of water line facilities on real property
located at 1551 Flournoy Circle West, Clearwater and adopt Resolution 21-17.
The granting of the water line easement from the property owners of Vue At
Belleair to the City is a condition of vacation Ordinance 9459-21, approved by
Council on June 17. The acceptance of the water line easement fulfills that
condition and grants the city rights to install, operate and maintain water line
facilities within the easement area at the Vue of Belleair Apartments.
The Engineering Department recommends acceptance of the easement.
6.3 Accept two utility easements from Gulf to Bay LM, LLC for the construction, installation
and maintenance of city utility facilities on real property located at 2188 Gulf to Bay
Boulevard and adopt Resolution 21-18.
The Utility Easements will grant the City rights for construction, installation and
maintenance of utility facilities on the commercial site.
The Engineering Department recommends acceptance of the easements.
6.4 Approve the request from the property owner of 619, 629 and 631 Mandalay Avenue,
Clearwater (Applicant), and the City of Clearwater (City), as their interests may appear, to
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vacate an abutting 15-foot platted alley described as: that 15 Foot Alley lying Easterly and
adjacent to Lots 1, 2, 3, 4, and 5 in Block B and Westerly of Lot 9 in Block B of a replat of
Lots 1, 2, 3, 4, Block 86 and Lots 1 to 8, inclusive, Block 85, of Mandalay Unit No.5, as
recorded in Plat Book 20, Page 27, and Blocks 85A and 86A of a replat of Lots 1 to 8,
inclusive, Block 83, Lots 11 to 20, inclusive, Block 84, Lots 9 to 16, inclusive, Block 85,
Lots 5, 6, 7, Block 86, and all of Blocks 76 to 82, inclusive, and 87 of Unit No. 5,
Mandalay, as Recorded in Plat Book 20, Page 48; which replat is recorded in Plat Book
21, Page 13, Public Records of Pinellas County, Florida , and pass Ordinance 9477-21
on first reading. (VAC2021-10)
The property owner of 619, 629 and 631 Mandalay Avenue, Clearwater is
proposing to vacate an abutting 15-foot platted alley to the east of their property.
The City is the owner of the two Lots to the south of 619, 629, and 631
Mandalay Ave., and in order to complete vacation of the entire platted alley in the
subject area (the alley to the south has already been vacated), the City
proposes vacation of the portion of the 15-foot platted alley abutting the city
property to the east.
The purpose of this vacation is to eliminate the alley which will assist the
Applicant with density requirements in development of their site.
The two additional property owners abutting the alley to the east have provided
letters of no objection to the alley vacation. All property owners abutting the alley
have agreed to grant Duke Energy and Frontier Communications their
respective requested easements upon approval of the alley vacation ordinance.
The City of Clearwater is also the owner of McKay Park which abuts the
proposed alley to be vacated to the south. City stakeholders have reviewed this
proposed alley vacation and have no objection.
6.5 Approve Architect of Record (AOR) Professional Services Agreements, as listed, to
provide continuing professional architectural services for a four-year term pursuant to
Request for Qualifications (RFQ) 39-21 and authorize the appropriate officials to execute
same. (consent)
In accordance with Florida Statute 287.055 - Consultants Competitive
Negotiation Act, on April 28, 2021, RFQ 39-21, Architect of Record Consulting
Services was released soliciting responses from consulting firms to provide
professional architecture services under a continuing services agreement, or
Architect of Record (AOR).
A selection committee, comprised of staff from the Engineering and Parks and
Recreation Departments met on June 8, 2021 to review the 12 responses
received. The committee selected ten firms; retaining six incumbent firms and
awarding four new firms. Evaluations were based on the firm's municipal
experience and qualifications; approach for meeting project timelines and
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construction budget; familiarity with the City Ordinance, codes, procurement,
contract specifications and standards; and quality management approach.
The incumbent AOR's retained are Harvard Jolly, Inc., Klar& Klar Architects,
Inc., Long and Associates Architects/Engineers, Inc., Plisko Architecture, PA,
AIA, Wannemacher Jensen Architects, Inc., and Williamson Decar Associates,
Inc.
The new AOR's selected are AECOM Technical Services, Inc., CPH, Inc.,
Robert P. Resch, III -Architect, and WG 1, Inc.
The AOR Professional Services Agreements shall be for a four-year term with
the City reserving the right to exercise an option to conduct a mid-term
qualification solicitation based upon the needs of the City.
In response to a question, Engineering Director Tara Kivett said the hourly
rates are being collected as the final agreements are received. There are no
retainer fees associated with the agreements. She said consultants are used
based on the Department's needs.
6.6 Approve a proposal from Skanska, Inc., of Tampa, FL, for construction of Imagine
Clearwater (17-0031-EN) at the Guaranteed Maximum Price (GMP) of$55,370,250.00
per RFQ 52-19 and authorize the appropriate officials to execute same. (consent)
December 19, 2019, City Council approved RFQ#52-19 selecting Skanska as
CMAR to provide construction services for Imagine Clearwater and approved a
proposal for Pre-Construction services in the amount of$425,000.00 to include
design review and construction cost estimating.
September 3, 2020, City Council approved GMP #1 for $1,184,090.00 from
Skanska to relocate Duke Energy infrastructure to support the future park
buildings and amenities.
April 15, 2021, City Council approved GMP #2 for$12,943,812.00 from Skanska
to perform demolition, sitework, and installation of utilities infrastructure.
Designs for all park components and buildings are complete and the permitting
process is underway. Skanska has provided GMP #3 for this work in Coachman
Park and adjacent city-owned lots located at 301 Drew Street, Clearwater. The
Imagine Clearwater project includes redevelopment of the City's 22-acre
downtown waterfront park space to include a large bandshell, seating canopy
cover, dockmaster's building, public restrooms, an interactive water feature,
walking paths, picnic pavilions, extensive landscaping, and a civic gateway
connecting the park to Clearwater's downtown.
Construction for this work will begin in late July 2021 and run concurrent to the
work approved in GMP #2. The Park will be closed until all park features
associated with Imagine Clearwater are constructed.
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Completion is scheduled for summer of 2023.
APPROPRIATION CODE AND AMOUNT:
ENGF180013-CONS-CNSTRC $55,370,250.00
Finance Director Jay Ravins provided a PowerPoint presentation.
In response to questions, Engineering Director Tara Kivett said funds
allocated to the Sand Key Bridge were for a full design and replacement of
the bridge. Funds for bridge maintenance are still available. Staff always
confirms with professionals regarding items that need to be addressed. She
said cost overruns for the entire project are being attributed to GMP3, all the
GMP's had a construction contingency to cover non-construction related
costs and risk insurance, which are items not paid to Skanska. Skanska
Project Executive Ken Duty said commodity prices are being locked in as of
August 15th and in some cases August 25th depending on when contracts
with sub-contractors are executed. He said an adjustment in the 4th quarter
may be necessary but right now lead times are projected out beyond to what
is typical and traditional and there is uncertainty with the hurricane
season. He said savings should not be anticipated beyond what has been
identified as potential savings with the subcontractors. He said the
underground and utility work was done in the GMP2 phase and infrastructure
hasn't been installed yet, permits have just been attained and clearing and
grubbing will commence soon. He said Skanska is working on the City's
behalf and will work to get the project complete as quick as possible.
There was consensus to pull the item from the Consent Agenda.
7. Fire Department
7.1 Approve a purchase order to Stryker Sales Corporation dba Stryker Medical of Chicago,
IL to procure forty Lifepak 1000 cardiac defibrillators pursuant to Clearwater Code of
Ordinances 2.563(1)(c) Piggyback; declare thirty-five Stryker Lifepack 1000 cardiac
defibrillators surplus and approve trade-in pursuant to Clearwater Code of Ordinances
2.623(7)(e), and authorize the appropriate officials to execute same. (consent)
Automated external defibrillators (AEDs) are portable, life-saving devices
designed to treat people experiencing sudden cardiac arrest, a medical
condition in which the heart stops beating suddenly and unexpectedly. They are
required equipment on the Fire department's rescue units and advanced life
support (ALS) fire engines. The Fire Department oversees the Lifepack AEDs
currently in key City facilities such as City Hall, Municipal Services Building,
Libraries, Police, and Fire department facilities. Thirty-five of these monitors
have reached the end of their recommended useful lives.
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Clearwater Fire & Rescue is requesting to piggyback off the NASPO Valuepoint
contract# OK-SW-300: AEDs &Accessories. The City currently uses Lifepak
1000 AEDs throughout multiple city facilities and recommends the same brand
to maintain training and inventory consistency.
As part of the annual budget process, the Department funds a capital
improvement project to provide for scheduled replacement of AEDs in city
facilities with a portion of General Funds and Central Insurance Funds. Funding
for replacement is partially reimbursed by the County since the equipment also
serves the unincorporated area of the Clearwater Fire District.
The purchase price of forty new Lifepak 1000 AEDs is $87,200.00. The trade-in
value of the thirty-five outdated monitors is $14,000.00. The total purchase with
trade-in credit is $73,200.00.
APPROPRIATION CODE AND AMOUNT:
Funds are available in capital improvement project 91257, Auto External
Defibrillator Program, to fund this contract.
In response to a question, Fire Division Chief Anthony Tadesco said the
typical lifecycle of the batteries is approximately 8 years long. The batteries
will be repurposed or recycled.
8. Planning
8.1 Continued from June 17, 2021: Approve the annexation, initial Future Land Use Map
designations of Residential Low (RL) and Water/Drainage Feature Overlay and initial
Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1732
Evans Drive; the annexation, initial Future Land Use Map designation of Residential Low
(RL) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR)
District for 1800 Diane Drive; and pass Ordinances 9463-21, 9464-21, and 9465-21 on
first reading. (ANX2021-04005)
These voluntary annexation petitions involve two parcels of land totaling
0.382-acres. The two parcels are occupied by single-family dwellings. The
properties are located generally south of Sunset Point Road, west of McMullen
Booth Road, north of SR 590, and east of US Highway 19 North. The applicants
are requesting annexation in order to receive sanitary sewer and solid waste
service from the City. The properties are located within an enclave and are
contiguous to existing city limits in at least one direction. It is proposed that the
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property located at 1732 Evans Drive be assigned Future Land Use Map
designations of Residential Low (RL) and Water/Drainage Feature Overlay, and
a Zoning Atlas designation of Low Medium Density Residential (LMDR), and the
property located at 1800 Diane Drive be assigned a Future Land Use Map
designation of Residential Low (RL) and a Zoning Atlas designation of Low
Medium Density Residential (LMDR).
The Planning and Development Department determined that the proposed
annexations are consistent with the provisions of Community Development
Code Section 4-604.E as follows:
• The properties currently receive water service from Pinellas County. The
closest sanitary sewer lines are located in the adjacent Diane Drive and
Evans Drive rights-of-way. The applicants have paid the City's sewer
impact and assessment fees and are aware of the additional costs to
extend city sewer service to these properties. Collection of solid waste
will be provided by the City of Clearwater. The properties are located
within Police District III and service will be administered through the
district headquarters located at 2851 North McMullen Booth Road. Fire
and emergency medical services will be provided to these properties by
Station #48 located at 1700 North Belcher Road. The City has adequate
capacity to serve these properties with sanitary sewer, solid waste,
police, fire and EMS service. The properties will continue to receive
water service from Pinellas County. The proposed annexations will not
have an adverse effect on public facilities and their levels of service; and
• The proposed annexations are consistent with and promote 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
properties. This designation primarily permits residential uses at a
density of 5 units per acre. The proposed Water/Drainage Feature
Overlay to be applied to 1732 Evans Drive recognizes the drainage
easement along the western boundary of the property. The proposed
zoning district to be assigned to the properties is the Low Medium
Density Residential (LMDR) District. The use of the subject properties is
consistent with the uses allowed in the District and the properties
exceed the District's minimum dimensional requirements. The proposed
annexations are therefore consistent with the Countywide Plan and the
City's Comprehensive Plan and Community Development Code; and
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• The properties proposed for annexation are contiguous to existing city
limits in at least one direction; therefore, the annexations are consistent
with Florida Statutes Chapter 171.044.
8.2 Continued from June 17, 2021: Approve the annexation, initial Future Land Use Map
designation of Residential Urban (RU) and initial Zoning Atlas designation of Low
Medium Density Residential (LMDR) District for 2248 NE Coachman Road, together with
certain abutting right-of-way of NE Coachman Road (SR 590) and pass Ordinances
9466-21, 9467-21, and 9468-21 on first reading. (ANX2021-04006)
This voluntary annexation petition involves a 0.158-acre property consisting of
one parcel of land occupied by a single-family dwelling. The property is located
on the northeast corner of Berkley Place and NE Coachman Road (SR 590).
The applicant is requesting annexation in order to receive sanitary sewer and
solid waste service from the City. The Development Review Committee is
proposing that the 0.005-acres of abutting NE Coachman Road (SR 590)
right-of-way not currently within the city limits also be annexed. The property is
located within an enclave and is contiguous to existing city boundaries to the
north, west and south. It is proposed that the property be assigned a Future
Land Use Map designation of Residential Urban (RU) and a Zoning Atlas
designation of Low Medium Density Residential (LMDR).
The Planning and Development Department determined that the proposed
annexation is consistent with the provisions of Community Development Code
Section 4-604.E as follows:
• The property currently receives water service from Pinellas County. The
closest sanitary sewer line is located in the adjacent Berkley Place
right-of-way. The applicant has paid the City's sewer impact and
assessment fees and is aware of the additional costs to extend City
sewer service to this property. Collection of solid waste will be provided
by the City of Clearwater. The property is located within Police District III
and service will be administered through the district headquarters
located at 2851 McMullen Booth Road. Fire and emergency medical
services will be provided to this property by Station #48 located at 1700
N. Belcher Road. The City has adequate capacity to serve this property
with sanitary sewer, solid waste, police, fire and EMS service. The
property will continue to receive water service from Pinellas County. The
proposed annexation will not have an adverse effect on public facilities
and their levels of service; and
• The proposed annexation is consistent with and promotes the following
objectives and policy of the Clearwater Comprehensive Plan:
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Council Work Session Meeting Minutes July 12, 2021
Objective A.6.4 Due to the built-out character of the City of
Clearwater, compact urban development within the urban
service area shall be promoted through application of the
Clearwater Community Development Code.
Objective A.7.2 Diversify and expand the City's tax base through
the annexation of a variety of land uses located within the
Clearwater Planning Area.
Policy A.7.2.3 Continue to process voluntary annexations for
single-family residential properties upon request.
• The proposed Residential Urban (RU) Future Land Use Map category is
consistent with the current Countywide Plan designation of the property.
This designation primarily permits residential uses at a density of 7.5
units per acre. The proposed zoning district to be assigned to the
property is the Low Medium Density Residential (LMDR) District. The
use of the subject property is consistent with the uses allowed in the
District and the property exceeds the District's minimum dimensional
requirements. The proposed annexation is therefore consistent with the
Countywide Plan and the City's Comprehensive Plan and Community
Development Code; and
• The property proposed for annexation is contiguous to existing city
boundaries to the north, west and south; therefore, the annexation is
consistent with Florida Statutes Chapter 171.044.
In response to a question, Senior Planner Kyle Brotherton said staff has
confirmed that the subject property is a single-family home. There is no
kitchen on the second level.
8.3 Approve the annexation, initial Future Land Use Map designation of Industrial Limited (IL)
and initial Zoning Atlas designation of Industrial, Research and Technology (IRT) District
for 1223 N. Hercules Avenue, Unit A, together with certain right-of-way of N. Hercules
Avenue and pass Ordinances 9469-21, 9470-21, and 9471-21 on first reading.
(ANX2021-05007)
This voluntary annexation petition involves a 0.27-acre property consisting of
one parcel of land occupied by a manufacturing use. The subject property is
located on the east side of N. Hercules Avenue, approximately 360 feet south of
Range Road, and is part of a larger site consisting of two parcels, #A and #B,
with parcel #B currently located within city limits. Parcel #B was annexed into
the City in 1979; however, the current parcel lines bifurcate both of the buildings
on both parcels. The applicant is requesting annexation, and once both parcels
are in the City's jurisdiction, the applicant intends to plat the property in order to
adjust the parcel lines with the intent to sell the subject property upon plat
approval. The Development Review Committee is proposing that the 2.76 acres
of the N. Hercules Avenue right-of-way south of the southern right-of-way line of
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City of Clearwater
Council Work Session Meeting Minutes July 12, 2021
Range Road not currently within the city also be annexed. The property is
located in an enclave and is contiguous to city boundaries on all sides. The
annexation will eliminate an enclave. It is proposed that the property be
assigned a Future Land Use Map designation of Industrial Limited (IL) and a
Zoning Atlas designation of Industrial, Research & Technology (IRT).
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. The closest
sanitary sewer line is located in the adjacent N. Hercules Avenue
right-of-way, and the applicant is aware of the required sewer impact
and assessment fees that must be paid in full prior to connection and of
the additional costs to extend to the City's sewer system. The applicant
has chosen not to connect to sanitary sewer at this time and is aware of
the associated monthly availability fee. 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
#48 located at 1700 N. Belcher Road. The City has adequate capacity to
serve this property with sanitary sewer, solid waste, police, fire, and
EMS service. The property will continue to receive water service from
the City. 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 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.
• The annexation of the property is consistent with the City's Economic
Development Strategic Plan (August 2011):
Strategy 1.4 Expand the use of the Industrial, Research and
Technology District (IRT).
Action 4: Protect existing industrial land in the city from
converting to other uses.
• The proposed Industrial Limited (IL) Future Land Use Map category is
consistent with the current Countywide Plan designation of the property.
This designation primarily permits light and medium manufacturing uses
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City of Clearwater
Council Work Session Meeting Minutes July 12, 2021
at an intensity of 0.65 FAR. The proposed zoning district to be assigned
to the property is the Industrial, Research & Technology (IRT) District.
The use of the subject property is consistent with the uses allowed in
the District. Although the subject property does not meet the District's
minimum dimensional requirements, final lot size will be established
through the plat process and will be required to meet the city's
standards. 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 along all sides; therefore, the annexation is consistent with
Florida Statutes Chapter 171.044.
8.4 Approve the annexation, initial Future Land Use Map designation of Residential Low (RL)
and initial Zoning Atlas designation of Low Density Residential (LDR) District for 3467
Sweetwater Trail and pass Ordinances 9472-21, 9473-21, and 9474-21 on first reading.
(ANX2021-05008)
This voluntary annexation petition involves a 0.393-acre property consisting of
one parcel of land occupied by a single-family dwelling. The property is located
on the northeast side of Sweetwater Trail approximately 195 feet north of Brattle
Lane. The applicant is requesting annexation in order to receive solid waste
service from the City. The property is contiguous to existing city boundaries to
the east. It is proposed that the property be assigned a Future Land Use Map
designation of Residential Low (RL) and a Zoning Atlas designation of Low
Density Residential (LDR).
The Planning and Development Department determined that the proposed
annexation is consistent with the provisions of Community Development Code
Section 4-604.E as follows:
• The property currently receives water service from Pinellas County.
Sanitary sewer is not readily available to the 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
#50 located at 2681 Countryside Boulevard. The City has adequate
capacity to serve this property with solid waste, police, fire and EMS
service. The property will continue to receive water service from Pinellas
County. The proposed annexation will not have an adverse effect on
public facilities and their levels of service; and
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City of Clearwater
Council Work Session Meeting Minutes July 12, 2021
• 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 zoning district to be assigned to the property is
the Low Density Residential (LDR) District. The use of the subject
property is consistent with the uses allowed in the District and although
the property does not meet the District's minimum dimensional
requirements, it meets the criteria for a Residential Infill Project through
a Flexible Standard Development application. 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 east; therefore, the annexation is consistent with
Florida Statutes Chapter 171.044.
8.5 Continued from June 17, 2021: Approve the contraction of the Clearwater Cay
Community Development District and pass Ordinance 9437-21 on first reading.
CL Clearwater LP, a Delaware limited partnership; CL Clearwater LLC, a
Delaware limited liability company, doing business in Florida as CL
Tampa Clearwater LLC; CL Clearwater Owner 3 LLC, a Delaware limited
liability company; CL Clearwater Owner 4 LLC, a Delaware limited liability
company; CL Clearwater Owner 5 LLC, a Delaware limited liability
company; and CL Clearwater Owner 6 LLC, a Delaware limited liability
company, owners in Clearwater Cay Community Development District
(Petitioners), a community development district established by Ordinance
No. 7515-05, adopted on September 15, 2005 as amended by Ordinance
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City of Clearwater
Council Work Session Meeting Minutes July 12, 2021
7564-05, adopted on January 19, 2006 of the City Council of Clearwater,
Florida, and effective on that date (City Ordinance), have petitioned the
City Council of the City of Clearwater, Florida (Council), through its Petition
to Amend Clearwater Cay Community Development District (Petition), to
contract by non- emergency ordinance, the boundaries of the Clearwater
Cay Community Development District (District).
The Petition is complete in that it meets the requirements of Section
190.046(1), Florida Statutes (2020). Appropriate city staff reviewed the
application and determined it to be complete and sufficient.
The costs to the City of Clearwater and government agencies from
contraction of the District are nominal. There is no adverse impact on
competition or employment from District contraction. The persons affected
by contraction are the future landowners, present landowners, the City of
Clearwater and its taxpayers, and the State of Florida. Methodology is as
set forth in the Statement of Estimated Regulatory Costs (SERC) on file
with the City. The SERC of the Petitioner pertaining to District contraction
is complete and adequate, in that it meets the requirements of Section
120.541, Florida Statutes.
Contraction of the District by this Ordinance, whose uniform general law
charter is Sections 190.006 - 190.049, Florida Statutes, is subject to and
not inconsistent with the local Comprehensive Plan of the City of
Clearwater and with the State Comprehensive Plan.
The area of land within the District as contracted is sufficient size, is
sufficiently compact, and is sufficiently contiguous and has been
developed as one functional, interrelated community.
The area that is proposed to be served by the District after the contraction
is amenable to separate special district government.
Upon the effective date of this Ordinance. the Clearwater Cay Community
Development District will cease to be duly and legally authorized to exist
on the proposed Contraction Property and, as to the Contraction Property
shall cease to exercise any of its general and special powers in
accordance with, and as granted by, its uniform community development
district charter as provided in Sections 190.006- 190.049, Florida
Statutes.
All notice requirements of law were met and complete notice was timely
given.
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City of Clearwater
Council Work Session Meeting Minutes July 12, 2021
The City Attorney said staff anticipates there will be a settlement by the
council meeting. She said counsel involved in the matter are in the process
of drafting the document.
9. Public Utilities
9.1 Authorize a purchase order to EA Engineering, Science and Technology, Inc., PBC of
Hunt Valley, MD for Bioassay Toxicity Testing and Consulting Services in an annual
not-to-exceed amount of$34,800.00 plus a 15% contingency in the amount of$5,220.00
with the option for two, one-year renewals at the City's discretion pursuant to Invitation to
Bid 30-21, Bioassay Toxicity Testing and Consulting Services, and authorize the
appropriate officials to execute same. (consent)
Invitation to Bid (ITB) #30-21, Bioassay Toxicity Testing and Consulting
Services was issued on May 14, 2021. Two bids were received and considered
responsive to the requirements set forth in the solicitation. EA Engineering,
Science and Technology, Inc., PBC represents the lowest responsive,
responsible bidder in accordance with the bid specifications for Bioassay
Toxicity Testing and Consulting Services for the Public Utilities Department on
an as-needed basis.
The City of Clearwater owns and operates three Water Reclamation Facilities
(WRF) and must comply with regulatory requirements as set forth in the
operating permits issued through the Florida Department of Environmental
Protection (FDEP). The bioassay toxicity testing and analysis will be used to
help determine the effects of treated wastewater on living creatures. The
consulting services will be used to assist the City in mitigating the effects of
water discharged into local waterways to ensure that it will not cause ecological
harm and that it is safe to use for irrigational purposes.
The initial contract period will be July 16, 2021 through July 15, 2022, with the
option for two, one-year renewal terms.
APPROPRIATION CODE AND AMOUNT:
Budgeted funds for FY21 are available in Public Utilities' cost centers, cost code
530300 Other Contractual Services and 530100 Professional Services.
Funding for future fiscal years (FY22 through FY24) will be requested within
contract calendar and spending limits.
10. Official Records and Legislative Services
10.1 Designate a Councilmember to serve as the City's official voting delegate at the Florida
League of Cities' Annual Conference, August 12-14, 2021.
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City of Clearwater
Council Work Session Meeting Minutes July 12, 2021
The Florida League of Cities is hosting their annual conference at the World
Center Marriot, Orlando, Florida on August 12-14, 2021.
The League is asking each municipality to designate one official to be the voting
delegate at the Annual Business Session on Saturday, August 14 at 9:00 a.m.
Election of League leadership and adoption of resolutions are undertaken at the
business meeting.
There was council consensus to designate Vice Mayor Hamilton as the City's
official voting delegate. Staff was directed to place the item on the Consent
Agenda.
11. Legal
11.1 Confirm the Declaration of a State of Emergency due to conditions surrounding Tropical
Storm Elsa and adopt Resolution 21-28.
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 Elsa.
Mayor Frank Hibbard issued a Proclamation of a State of Emergency on July 4,
2021. 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.
11.2Adopt Ordinance 9455-21 on second reading, vacating a sixty foot right of way easement
as recorded in OR Book 3875 Page 36, of the Public Records of Pinellas County,
Florida.
11.3Adopt Ordinance 9456-21 on second reading, vacating a portion of a sanitary sewer
easement described as a portion of land being a part of that certain easement recorded
in OR Book 4223, Page 1499, of the Public Records of Pinellas County, Florida.
11.4Adopt Ordinance 9457-21 on second reading, vacating a portion of a drainage and utility
easement, described as a portion of land being a part of that certain drainage and utility
easement recorded in OR Book 4055, Page 397 of the Public Records of Pinellas
County, Florida.
11.5Adopt Ordinance 9458-21 on second reading, vacating a portion of a sanitary sewer
easement, described as a portion of land being a part of that certain easement recorded
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City of Clearwater
Council Work Session Meeting Minutes July 12, 2021
in OR Book 4055, Page 399 of the Public Records of Pinellas County, Florida.
11.6Adopt Ordinance 9459-21 on second reading, vacating a water line easement as
recorded in OR Book 20673, Page 1028 of the Public Records of Pinellas County,
Florida.
11. City Manager Verbal Reports
11.1 Continued closure of Cleveland Street - Mike Lavery
Assistant to the City Manager Mike Lavery said staff is considering options
for improving the appearance of the temporary barricades currently in place.
He said the City has not purchased any upgraded barriers. He said mounted
bollards would impact the underground infrastructure and cost in order to
install the footers needed to mitigate a vehicle intrusion. Staff is
recommending painting the barricades, similar to the ones located at Myrtle
Avenue and Court Street. He said the chipped barricade could be replaced
and the Cultural Affairs Coordinator could identify local artists for the murals.
In response to a question, Mr. Lavery said did not seek an estimate for
permanent bollards due to the underground infrastructure. Engineering
Director Tara Kivett said the City's underground utilities are known, the
amount of undergrounded utilities would drive the cost.
Discussion ensued with support expressed to permanently maintain the
street closure. The City Manager said staff will obtain cost estimates for a
permanent closure.
The City Attorney said the next steps include closing the street to vehicular
traffic indefinitely for the 400 and 500 blocks. Assistant City Manager Michael
Delk said the downtown plan does contain a policy to maintain a street grid
system.
In response to a question, Planning and Development Director Gina Clayton
said staff has issues a letter to Amplify Clearwater, Downtown businesses
and the CRA that over the next 90 days the Department is requiring all
establishments to come into compliance with city code, including outdoor
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City of Clearwater
Council Work Session Meeting Minutes July 12, 2021
cafe permits.
12. City Attorney Verbal Reports — None.
13. Council Discussion Item
13.1 Gondola Transportation System - Mayor Hibbard
The Mayor said he would talk to the TBARTA consultant tomorrow about the
gondolas and the feasibility study and wanted to let Council know that he
does not support the gondola project as it will be expensive and require a
significant amount of dedicated free parking downtown. He said the amount
of beach parking and the Memorial Causeway govern the beach capacity
and just like Disney, if attendance is not capped, the experience deteriorates
for everyone.
Comments were made that there is more than enough parking on the beach
most days and that Ferry trips could increase after the completion of Imagine
Clearwater. It was said that providing transportation choices to visitors is
generally a good thing but pursing or not pursuing a gondola project is a
policy decision to be made by Council.
There was council consensus to continue on with the feasibility study.
13.2PSTA/Forward Pinellas Update - Councilmember Allbritton
14. 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).
Councilmember Beckman requested consideration at a future work session
the following discussion items: placing a public information table outside of
Council Chambers that would include information regarding upcoming
studies, public engagement items, monthly councilmember newsletters and
printing posters regarding Ocean Allies Big Clean Up event.
15. Closing Comments by Mayor— None.
16. Adjourn
The meeting adjourned at 1:05 p.m.
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City of Clearwater