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02/17/2022 City Council Meeting Minutes February 17, 2022 City of Clearwater Main Library- Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 m Meeting Minutes Thursday, February 17, 2022 6:00 PM Main Library - Council Chambers City Council Page 1 City of Clearwater City Council Meeting Minutes February 17, 2022 Roll Call Present: 5 - Councilmember Kathleen Beckman, Mayor Frank Hibbard, Vice Mayor Hoyt Hamilton, Councilmember David Allbritton and Councilmember Mark Bunker Also Present: Jon Jennings — City Manager, Micah Maxwell —Assistant City Manager, Michael Delk—Assistant City Manager, Owen Kohler— Assistant City Attorney, Rosemarie Call — City Clerk and Nicole Sprague — Deputy City Clerk. To provide continuity for research, items are listed in agenda order although not necessarily discussed in that order. 1. Call to Order— Mayor Hibbard The meeting was called to order at 6:00 p.m. 2. Invocation 3. Pledge of Allegiance — Given. 4. Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by governmental agencies or groups providing formal updates to Council will be limited to ten minutes.) — Given. 4.1 February Service Awards Four service awards were presented to city employees. The January/February 2022 Bimonthly Award was presented to RC Team: Sebastian Dembeck, Eric Holmes, Cory Garakop, Leonard Cox, Dan McGuinness, Aaron Cowan, and Jason Gray. 4.2 Newspaper in Education Week Proclamation, March 3-7, 2022 - Sue Bedry, Newspaper in Education Development Specialist at Tampa Bay Times 5. Approval of Minutes 5.1 Approve the minutes of the February 3, 2022 City Council Meeting as submitted in written summation by the City Clerk. Page 2 City of Clearwater City Council Meeting Minutes February 17, 2022 Vice Mayor Hamilton moved to approve the minutes of the February 3, 2022 City Council Meeting as submitted in written summation by the City Clerk. The motion was duly seconded and carried unanimously. 6. Citizens to be heard re items not on the agenda Blain Enderlie expressed concerns with the physical state of the safety cones provided to volunteer officers. Norm Bild said he hoped to bring the Bull Simons Award ceremony, Honoring Sgt. Major Tyrone Adderly, to Clearwater. He said more details would follow. Bill Jonson said SB 524, Election Administration, contains language prohibiting the use of ranked choice voting and suggested Councilmembers contact their legislators and request the language be deleted. He thanked the Council for the city-sponsored candidates forum, it was much appreciated. Mike Riordon suggested selling Bay Care Ballpark to the Phillies and using the proceeds for Imagine Clearwater or renting the facility year-round at market rate. Michael Phlutriofs thanked the mayor for sticking up for competency when the discussing the appointments of CDB members at the last council meeting. Robert Chiulli expressed concerns with a mold issue in his unit that has been reported and continued to be unaddressed by the landlord. He said he reported the matter to city staff and requested assistance addressing the code violation. Marsha Rimer said the Bay Area Pregnancy Center is a 501 c3 local organization celebrating 37 years assisting and supporting women with unplanned pregnancies and food pantry services. The organization served 1,200 clients last year. 7. Consent Agenda — Approved as submitted. 7.1 Approve a contract (purchase order) to Cenergistic, Inc. of Dallas, TX for the creation and implementation of a municipal energy savings program for an average monthly fee of Page 3 City of Clearwater City Council Meeting Minutes February 17, 2022 $50,441 and an annual fee for a third-party software of$16,900 pursuant to RFP 15-20, Energy Savings Program, and authorize the appropriate officials to execute same. (consent) 7.2 Authorize staff to initiate a foreclosure action against the mortgagor pursuant to a mortgage on property located at 408 Vine Street, Clearwater. (consent) 7.3 Approve Supplemental Work Order One to Atkins North America, of Tampa, FL, for Lower Spring Branch Stormwater Improvements (14-0048-EN), an increase of$140,250 for a new work order value of$449,294 per Request for Qualifications (RFQ) 18-18; and authorize the appropriate officials to execute same. (consent) 7.4 Approve a purchase order to Duke Energy for lighting within Imagine Clearwater (17-0031-EN) in the amount of$299,650.25 pursuant to Clearwater Code of Ordinances Section 2.563 (1)(a), Single Source, and authorize the appropriate officials to execute same. (consent) 7.5 Approve the conveyance of a Distribution Easement to Duke Energy Florida, LLC, d/b/a Duke Energy, for the installation, operation, and maintenance of electric facilities over a portion of the Seminole Boat Ramp at 302 Seminole Street and authorize the appropriate officials to execute same. (consent) 7.6 Approve a proposal to Construction Manager at Risk Biltmore Construction Co., Inc of Belleair, Florida, in the amount of$105,485.43 for 400 and 500 blocks of the Cleveland Street closure to provide and install removable traffic control devices to protect the commercial seating areas while still providing access when necessary, pursuant to RFQ 40-20 Construction Manager at Risk Services for Continuing Contracts, and authorize the appropriate officials to execute same. (consent) 7.7 Approve a proposal from Biltmore Construction Company, Inc., of Belleair, FL, at the Guaranteed Maximum Price (GMP) of$8,346,771 for the construction of Fire Station 46 (18-0028-FD), pursuant to Request for Qualifications (RFQ) 18-20, and authorize the appropriate officials to execute same. (consent) 7.8 Amend the existing agreement with Granicus, LLC of Washington, DC for software subscription maintenance and professional services in an amount not-to-exceed $667,546.38 for a term effective February 22, 2022 through May 31, 2025, pursuant to Code of Ordinances 2.563(1)(d), non-competitive purchase - impractical, and authorize the appropriate officials to execute same. (consent) 7.9 Approve the Water Taxi Amendment to Second Renewal with Clearwater Ferry Services, Inc. and authorize the appropriate officials to execute same. (consent) 7.10Approve a purchase order to Sentry Event Services, Inc., of Tampa, FL for security Page 4 City of Clearwater City Council Meeting Minutes February 17, 2022 services in an annual not-to-exceed amount of$200,000.00, which includes a 10% contingency, and three, one-year renewal options, pursuant to Request for Proposal (RFP) 06-22, Security Services and authorize the appropriate officials to execute same. (consent) 7.11Approve a Purchase Order to Underground Refuse Systems of Kissimmee, FL for the purchase of 14 Underground Refuse Vaults and 14 containers for the Imagine Clearwater Project in a not to exceed amount of$203,000.00 pursuant to Clearwater Code of Ordinances Section 2.563 (1)(d), non-competitive purchases, and authorize the appropriate officials to execute same. (consent) Councilmember Allbritton moved to approve the Consent Agenda as submitted and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. Public Hearings - Not before 6:00 PM 8. Quasi-Judicial Public Hearings 8.1 Approve a Zoning Atlas Amendment from the Office (0) District to the Medium Density Residential (MDR) District for property located at 806 Turner Street and pass Ordinance 9519-22 on first reading. (REZ2021-11001) This Zoning Atlas amendment involves a 0.272-acre property located on the north side of Turner Street approximately 180 feet east of South Myrtle Avenue that is owned by Ivonne Pineda Kelley. The property is currently vacant, but it was previously occupied by two detached dwelling units and a carport. The applicant is requesting to rezone the property from the Office (0) District to the Medium Density Residential (MDR) District. There is no companion Future Land Use Map Amendment (LUP) case as the underlying Future Land Use Map category of Residential/Office General (R/OG) is consistent with the existing and proposed zoning districts. The proposed Medium Density Residential (MDR) District is compatible with the surrounding zoning districts and multi-family, single family residential, office and daycare uses that exist in the vicinity of the subject property. The requested amendment would provide a transition from the higher density and intensity Downtown (D) District to the north along Chestnut Street and further east along Prospect Avenue to the residential uses to the east and southeast. The applicant has indicated the desire to construct a detached dwelling on the property; however, no site plan application has been submitted at this time. The Planning and Development Department determined that the proposed Zoning Atlas amendment is consistent with the Clearwater Community Development Code as specified below: Page 5 City of Clearwater City Council Meeting Minutes February 17, 2022 • The proposed amendment is consistent with the Comprehensive Plan and the Community Development Code. • The proposed amendment is compatible with the surrounding property and character of the neighborhood. • The available uses in the Medium Density Residential (MDR) District are compatible with the surrounding area. • The proposed amendment will not adversely or unreasonably affect the use of other property in the area. • The proposed amendment will not adversely burden public facilities, including the traffic-carrying capacities of streets, in an unreasonably or disproportionate manner; and • The proposed Medium Density Residential (MDR) District boundaries are appropriately drawn in regard to location and classification of streets, ownership lines, existing improvements, and the natural environment. The Community Development Board reviewed this application at its January 18, 2022 public hearing and made a unanimous recommendation of approval to the Council. Ordinance 9519-22 was presented and read by title only. Councilmember Beckman moved to approve a Zoning Atlas Amendment from the Office (0) District to the Medium Density Residential (MDR) District for property located at 806 Turner Street and pass Ordinance 9519-22 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Councilmember Beckman, Mayor Hibbard, Vice Mayor Hamilton, Councilmember Allbritton and Councilmember Bunker 9. Administrative Public Hearings 9.1 Approve the request from the owner of property addressed 2772 Westchester Drive N, Clearwater, to vacate a portion of the 5-feet wide platted Drainage and Utility Easement, located on lot 76, Westchester of Countryside, according to the map or plat thereof as recorded in Plat Book 70, Page 44, Public Records of Pinellas County, Florida, and pass Ordinance 9530-22 on first reading. The property owner at 2772 Westchester Dr., Clearwater, has requested that the City vacate a portion of the 5-feet wide platted Drainage and Utility Easement along the NW property line. The 5 feet side setback will still apply. The purpose of this vacation is to provide space for an A/C equipment pad, garage door stoop, water filtration system and tankless water heater inside of the easement along the side a new addition being built onto the existing Page 6 City of Clearwater City Council Meeting Minutes February 17, 2022 structure. There are no city utilities present within this easement. All private utility companies have no objection to the vacation provided the property owner grants easement or bears expense of facility relocation, if required. The remaining easement will be sufficient for drainage and utility purposes and future city needs. City staff have reviewed this vacation and have no objection. Ordinance 9530-22 was presented and read by title only. Councilmember Bunker moved to approve the request from the owner of property addressed 2772 Westchester Drive N, Clearwater, to vacate a portion of the 5-feet wide platted Drainage and Utility Easement, located on lot 76, Westchester of Countryside, according to the map or plat thereof as recorded in Plat Book 70, Page 44, Public Records of Pinellas County, Florida, and pass Ordinance 9530-22 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Councilmember Beckman, Mayor Hibbard, Vice Mayor Hamilton, Councilmember Allbritton and Councilmember Bunker 10. Second Readings - Public Hearing 10.1Adopt Ordinance 9527-22 on second reading, vacating 12 feet of a platted drainage and utility easement located on Lot 52, Cypress Bend of Countryside Unit One, according to the plat thereof as recorded in Plat Book 76, Page 10, of the public records of Pinellas County, Florida. Ordinance 9527-22 was presented and read by title only. Vice Mayor Hamilton moved to adopt Ordinance 9527-22 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Councilmember Beckman, Mayor Hibbard, Vice Mayor Hamilton, Councilmember Allbritton and Councilmember Bunker 11. City Manager Reports 11.1 Request FDOT to limit safety concerns on Drew Street by lowering the speed limit on Drew Street from Saturn to Myrtle Avenues and adopt Resolution 22-07. City council expressed safety concerns, conveyed from residents, along the Drew Street corridor at the January 18, 2022, council meeting and expressed interest in adopting a resolution urging FDOT to lower the speed limit on Drew Page 7 City of Clearwater City Council Meeting Minutes February 17, 2022 Street, Myrtle to Saturn Avenues (segment of Drew St with four narrow lanes). One individual spoke in support and stated that the City of Clearwater is the only municipality that has not signed onto Safe Streets Pinellas. In response to questions, Traffic Engineer Manager OmarAtallah? said reducing the speed limit too much can provoke more accidents. Staff recommends requesting the speed be lowered to 35 mph and if the traffic movement is calmer, the City can progress to further lowering the speed limit. He said there are non-intrusive traffic calming techniques that can be pursued, such as the coordination of signal timing and increasing efforts to warn the public of the narrow lanes and speed limit. Resolution 22-07 was presented and read by title only. Councilmember Allbritton moved to request FDOT to limit safety concerns on Drew Street by lowering the speed limit on Drew Street from Saturn to Myrtle Avenues and adopt Resolution 22-07. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Councilmember Beckman, Mayor Hibbard, Vice Mayor Hamilton, Councilmember Allbritton and Councilmember Bunker 11.2Appoint three members to the Community Development Board with terms to expire February 28, 2026. APPOINTMENT WORKSHEET BOARD: Community Development Board TERM: 4 years APPOINTED BY: City Council FINANCIAL DISCLOSURE: Yes RESIDENCY REQUIREMENT: City of Clearwater MEMBERS: 7 & 1 alternate CHAIRPERSON: Mary Lau MEETING DATES: 3rd Tues., 1:00 p.m. PLACE: Main Library APPTS. NEEDED: 3 SPECIAL QUALIFICATIONS: Per the Community Development Code, Section 5-202, "the city commission shall seek a membership with diverse economic, social and professional representation and shall include members qualified and experienced in the fields of architecture, planning, landscape architecture, engineering, construction, planning and land use law and real estate." Page 8 City of Clearwater City Council Meeting Minutes February 17, 2022 THE FOLLOWING ADVISORY BOARD MEMBERS HAVE A TERM WHICH EXPIRES AND NOW REQUIRE REPLACEMENT BY A NEW APPOINTEE: 1. Brian A. Barker - 1430 Rosetree Court, 33764 - Civil Engineer Original Appointment: 4/4/18 (currently serving 1st term to expire 2/28/22) Interested in Reappointment: No 2. Jordan Behar - 990 Bay Esplanade, 33767 -Architecture Original Appointment: 4/4/18 (currently serving 1st term to expire 2/28/22) Interested in Reappointment: No 3. Michael Boutzoukas -2433 Bond Ave., 33759 -Attorney Original Appointment: 2/20/14 (currently serving 2nd term to expire 2/28/22 - Ending 2nd term) THE FOLLOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCIES: 1. Andrew Jeffrey Caudell - 420 Druid Road West, 33756 - General Contractor 2. Brenda L. Dallas Griffith - 2055 Wilson Blvd., 33755 - Real Estate 3. David Jaye - 2856 Shady Oak Court, 33761 - Real Estate 4. William C. Jonson - 2694 Redford Court W., 33761 - Former Councilmember/Project Mgr. 5. Travis Norton - 310 Kerry Dr., 33765 - Community Relations 6. Nicholas West - 111 N. Nimbus Ave., 33765 - Political Analyst 7. Andrew Winkler -2921 Meadow Wood Dr., 33761 - Financial Advisor 8. Bruce Rector - 800 S. Gulfview Blvd., #303, 33767 - Corporate General Counsel (Currently serving 1st term on the Parks and Recreation Board through 7/31/24) 9. Michael Engelmann - 2958 Deer Run S., 33761 - Engineer Page 9 City of Clearwater City Council Meeting Minutes February 17, 2022 10. Andrew J. Hupp - 745 Bay Esplanade, 33767 - Real Estate Developer/Construction Firm Owner 11. Paul Bouffard -421 Palm Island SE, 33767 - EPA Special Agent/Criminal Investigator(Retired) 12. Justin Perrino - 911 Alameda Ave, 33759 - Commercial Construction Management 13. Aubrey Haudricourt - 51 Island Way, 33767 - Engineer(Clearwater EOR) Zip codes of current members: 2 at 33755, 1 at 33761, 1 at 33764 and 1 at 33767 2 - 33755 1 - 33761 1 - 33764 1 - 33767 Current Categories: 1 Attorney (Retired Mediator/Arbitrator) 1 Construction and Real Estate 1 Professional Engineer (Civil/Environmental Engineer) 1 Real Estate Broker/Developer 1 Retired/Public Service (Former City Employee/Stormwater) At the February 3, 2022 council meeting, staff requested Council to continue the appointments in order to obtain applications from professionals in the following fields: engineering, architecture, planning, landscape architecture, and real estate law. A call for applicants was posted on Linkedln and shared with the local chapters of the following organizations: Florida Engineering Society, American Society of Landscape Architects, International Right of Way Association, American Planning Association, and Congress for New Urbanism. In addition, staff provided the board vacancy information to the City's Engineer of Record/Architect of Record/Construction Manager at Risk list, former CDB members, and professionals at Pinellas County, asking them to share with colleagues. This outreach effort provided five additional applicants with engineering, real estate/construction, federal environmental enforcement, and construction management backgrounds. In response to a question, Assistant City Attorney Owen Kohler said past board members included an EOR (Engineer of Record). One individual stated that no one is an expert of the entire city code and suggested that the City have an ombudsman and more citizen representation. Page 10 City of Clearwater City Council Meeting Minutes February 17, 2022 One individual advocated for more diversity on the CDB, especially regarding the environment and Clearwater neighborhoods, and encouraged the appointment of Bill Jonson and Paul Bouffard. One individual supported Paul Bouffard, Michael Engelmann, and Bill Jonson be appointed. Discussion ensued with comments made that the CDB should have members who understand the City's development code and make determinations based on code, not personal preferences. It was stated that all CDB members know and care for Clearwater neighborhoods as they are city residents. A concern was expressed that board members who work in the development community may err in favor of developers. In response to a question, Planning and Development Director Gina Clayton said the CDB hears approximately 40 cases per year. on the Councilmember Beckman moved to appoint Bill Jonson. The motion was duly seconded and failed with the following vote: Ayes: 2 - Councilmember Beckman and Councilmember Bunker Nays: 3 - Mayor Hibbard, Vice Mayor Hamilton and Councilmember Allbritton Councilmember Beckman moved to appoint Paul Bouffard. The motion was duly seconded and failed with the following vote: Ayes: 2 - Councilmember Beckman and Councilmember Bunker Nays: 3 - Mayor Hibbard, Vice Mayor Hamilton and Councilmember Allbritton Vice Mayor Hamilton moved to appoint Andrew Caudell. The motion was duly seconded and carried with the following vote: Ayes: 3 - Mayor Hibbard, Vice Mayor Hamilton, and Councilmember Allbritton Nays: 2 - Councilmember Beckman and Councilmember Bunker Vice Mayor Hamilton moved to appoint Aubrey Haudricourt. The motion was duly seconded and carried unanimously. Councilmember Beckman moved to appoint David Jaye. The motion was duly seconded and failed with the following vote: Ayes: 2 - Councilmember Beckman and Councilmember Bunker Nays: 3 - Mayor Hibbard, Vice Mayor Hamilton and Councilmember Allbritton Page 11 City of Clearwater City Council Meeting Minutes February 17, 2022 Councilmember Allbritton moved to appoint Bruce Rector. The motion was duly seconded and carried with the following vote: Ayes: 4 - Mayor Hibbard, Vice Mayor Hamilton, Councilmember Allbritton and Councilmember Bunker Nays: 1 - Councilmember Beckman 12. City Attorney Reports 12.1 Amend Section 2.036, Clearwater Code of Ordinances, to add subsections relating to the duties of the city attorney and pass Ordinance 9553-22 on first reading. Section 4.01 of the Clearwater City Charter creates a legal department supervised by the city attorney and Section 4.02(b) requires the city attorney to serve as legal advisor to council and to other city officials. Allowing the city attorney to review council agenda items prior to publication of each agenda will assist the legal department in fulfilling its role as legal advisor to Council. An existing but informal practice already entails a legal review prior to publication of most agenda items. In addition, Section 4.01 of the City Charter states that all members of the legal department operate under the authority of, and are responsible to, the City Council. At the same time, the City of Clearwater uses a civil service system for the appointment of tenured public service employees. The city manager is responsible for hiring employees within the civil service system. This ordinance clarifies that employees assigned to the City Attorney's Office operate under Section 4.01 of the City Charter, rather than the civil service ordinance. One individual spoke in opposition. Ordinance 9553-22 was presented and read by title only. Vice Mayor Hamilton moved to amend Section 2.036, Clearwater Code of Ordinances, to add subsections relating to the duties of the city attorney and pass Ordinance 9553-22 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Councilmember Beckman, Mayor Hibbard, Vice Mayor Hamilton, Councilmember Allbritton and Councilmember Bunker 13. Other Council Action Page 12 City of Clearwater City Council Meeting Minutes February 17, 2022 13.1 Draft letter opposing CS/SB 1024 - Councilmember Beckman Body: SUMMARY: CS/SB 1024 was heard by the Senate Community Affairs Committee on February 8, 2022. Link to meeting: <https://thefloridachannel.org/videos/2-8-22-senate-committee-on-community-a ffairs/> . Councilmember Beckman said staff drafted letters but the bills have stalled this week. She said she wrote a letter asking the State to take no action until a penetration of solar is 10%, which is currently less than I%. As proposed, the bill would make it difficult to reach the City's Greenprint 2.0 goals and that it would negatively impact the solar industry and jobs within the state. Councilmember Beckman moved to approve draft letter opposing CS/SB 1024. The motion was duly seconded and carried unanimously. 14. Closing comments by Councilmembers (limited to 3 minutes) Councilmember Bunker said 3 Scientology parishioners will be renovating properties they purchased on Cleveland Street and that the plans look good. He said this is the bare minimum of what should be expected when someone buys a property, but this is not something to be celebrated as it is clear it has been orchestrated since 2017 to keep properties vacant. He said he made his second trip to Morton Plant Hospital and thanked the doctors and nurses for his care. Councilmember Beckman said she spoke to the landlord for the properties on N. Ft. Harrison Avenue and that the properties would start getting cleaned up next week. She said she drives the beach every day and Spring Break is here. She had people reach out to her regarding the lighting on Coronado Drive for the crosswalk area. She thanked all for the citizen engagement and said residents should have their ballots already if they signed up to vote by mail. She encouraged all to know their polling locations and to read about the candidates and be an informed voter. Councilmember Allbritton said he attended the funeral of Wally Lee, the former Clearwater Beach Hotel manager, he will be missed in the community. Page 13 City of Clearwater City Council Meeting Minutes February 17, 2022 Vice Mayor Hamilton said Mr. Lee was an icon in the community and a lot of people learned a lot from him. He said he is excited about the Cleveland Street properties being fixed up but he will be more excited when businesses are in the spaces. He said there was a political sign in the audience tonight and if not addressed, more signs will appear at future council meetings. 15. Closing Comments by Mayor 16. Adjourn Attest The Mayor thanked staff for the Cleveland Street Blues event which was dynamite. He congratulated the Turner Brandon American Legion who celebrated the four chaplains who went down on a troop transport ship that was attacked in 1943 while crossing the Atlantic Ocean; there were not enough life jackets on the boat and the chaplains gave up their life jackets and their lives and they are celebrated ever year. He said Father Bob Swick who does a lot with veterans in our community was honored as well. He said he and the Vice Mayor had a great trip to Tallahassee and talked to representatives including the Speaker of the House and he said funding for Imagine Clearwater looks promising. He expressed condolences to the Bieber family for the loss of their daughter and sister and said he and other Councilmembers attended the funeral; the family will continue to be in our prayers. He thanked Judge James Pierce for hosting the black and gold ball for scholarships for students in North Greenwood that he attended with his wife. He thanked Sofia Rzymski for raising money and awareness for pediatric cancer for her friend Allie who passed away; she rode her bike from Tarpon Springs to Clearwater Beach. He said he and most of Council attended a ribbon cutting ceremony for an affordable housing project that was just added to the City's inventory. He encouraged all to check out the Elite Invitational Softball tournament this weekend at Eddie C. Moore and that ESPN would be broadcasting the event. He thanked all candidates who are running for Council; it is a thankless and arduous process; the candidate forum was hosted by long time Bay News 9 News Anchor Al Reuchel who did a marvelous job. The meeting adjourned at 7:42 p.m. ayor City of Clearwater City of Clearwater