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05/19/2022 City Council Meeting Minutes May 19, 2022 City of Clearwater Main Library- Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 m ap ® e Meeting Minutes Thursday, May 19, 2022 6:00 PM Main Library - Council Chambers City Council Page 1 City of Clearwater City Council Meeting Minutes May 19, 2022 Rollcall Present: 5 - Mayor Frank Hibbard, Vice Mayor Kathleen Beckman, Councilmember David Allbritton, Councilmember Mark Bunker and Councilmember Lina Teixeira Also Present: Jon Jennings — City Manager, Micah Maxwell —Assistant City Manager, Michael Delk—Assistant City Manager, David Margolis — 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 — Mayor Hibbard 3. Pledge of Allegiance The Mayor requested consideration to suspend City Council Rule 6 and to move Item 11.2 after the Consent Agenda. Councilmember Allbritton moved to suspend Council Rule 6 and to move Item 11.2 after the Consent Agenda. The motion was duly seconded and carried unanimously. 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 Red Cross Presentation - Dr. Ken Guidera - Board Member & Community Volunteer Liaison; Eric Corliss - Regional CEO with the American Red Cross Mr. Corliss provided a PowerPoint presentation. 4.2 Older Americans Month Proclamation, May 2022 - Ann Marie Winter, Executive Director-Area Agency on Aging of Pasco & Pinellas, Inc. 4.3 EMS Week Proclamation, May 15-21, 2022 -Anthony Tedesco, EMS Division Chief Page 2 City of Clearwater City Council Meeting Minutes May 19, 2022 4.4 National Safe Boating Week Proclamation, May 21 - 28, 2022 - Stephen Bielawski - USCG Aux Fllotilla 4.5 National Public Works Week Proclamation - May 15-21, 2022 - Tara Kivett, Engineering Director 5. Approval of Minutes 5.1 Approve the minutes of the May 5, 2022 City Council Meeting as submitted in written summation by the City Clerk. Councilmember Allbritton moved to Approve the minutes of the May 5, 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 Mr. Holuba presented a copy of the Clearwater Police Department's Code of Conduct and expressed concerns that a Clearwater Police Department Officer recently arrested for driving under the influence was not fired immediately. He reviewed a similar incident that occurred in the Pinellas County Sheriffs Office (PCSO), per the PCSO policy, the officer was immediately fired. Phil Kitchens said people who choose to live in Clearwater because of the Clearwater Police Department. He expressed concerns with access to information and activities that require a smartphone, not all individuals own a smartphone. Dan McNutt, founder of UPP Global, said the parking management company has heard the concerns raised regarding the beach parking garage. He said the company wants to be a good partner with the community and will be providing parking to beach employees, specifically providing a 10-hour session for a 1-hour fee. He said for the beach retailers, the company will provide a parking validation program for customers. Albert Craig opposed the sale of the Clearwater Gas System. In response to a comment, the Mayor said a proclamation for Gas Week is issued every year. Page 3 City of Clearwater City Council Meeting Minutes May 19, 2022 Andrew Biscardi opposed the sale of the Clearwater Gas System and said California produces four times more solar power than Florida and they experience rolling blackouts. 7. Consent Agenda — Approved as submitted. 7.1 Authorize a purchase order to Olameter DPG, LLC, of Wauwatosa, WI for natural gas distribution main and service line locating services, in an annual not-to-exceed amount of $790,000.00 for the initial term of May 1, 2022 through April 30, 2023, with the option of three, one-year renewal options, pursuant to Invitation to Bid # 08-22, and authorize the appropriate officials to execute same. (consent) 7.2 Accept a Gas Utility Easement from Belleview Biltmore Country Club Corp. for the construction, installation, and maintenance of gas utility facilities on real property located at 1 Country Club Ln, Belleair FL, 33756. (consent) 7.3 Approve an increase to Purchase Order 21000951 to Geosyntec Consultants, Inc. of Boca Raton, FL for supplemental site work and project management at the former manufactured gas plant (MGP) site located at 777 Maple St, Clearwater, FL in the amount of$72,400.00 for a new total of$138,300.00, pursuant to RFQ 26-19, Engineer of Record, and authorize the appropriate officials to execute same. (consent) 7.4 Approve an Interlocal Agreement between City of Largo, City of Pinellas Park, City of St. Petersburg, City of Tarpon Springs, Pinellas County, Pinellas County Sheriff, and the City of Clearwater to establish the Pinellas Regional Information Management Enterprise (PRIME) for the purpose of implementing, operating, and maintaining a new unified Computer-Aided Dispatch and Records Management System for public safety entities in Pinellas County, and authorize the appropriate officials to execute same. (consent) 7.5 Accept Florida Department of Transportation (FDOT) Grant Agreement Amendment (No. 438512-1-94-01) in the amount of$65,000 for the Clearwater Airpark Security System Upgrade Project and authorize the appropriate officials to execute same. (consent) 7.6 Approve a proposal from J. Kokolakis Contracting, Inc. of Tarpon Springs, FL for construction of Clearwater Harbor Marina Wave Attenuator (22-0008-MA), at the Guaranteed Maximum Price (GMP) of$2,289,695.00 pursuant to RFQ 40-20, CMAR Continuing Contracts; approve Supplemental Work Order 2 to Erickson Consulting Engineers, Inc. of Sarasota, FL for Construction Engineering and Inspection Services (CEI) in an amount of$39,270.00 for a new total of$254,870.00 pursuant to RFQ 26-197 EOR Continuing Contracts, and authorize the appropriate officials to execute same. (consent) 7.7 Approve purchase orders to Hydranautics of Oceanside, CA, and Toray Membrane USA, Inc, of Poway, CA for the supply of reverse osmosis membranes in the cumulative annual not-to-exceed amount of$300,000.00 for an initial period of one year, with the option for Page 4 City of Clearwater City Council Meeting Minutes May 19, 2022 two, one-year renewal options, pursuant to Invitation to Bid (ITB) 14-22, and authorize the appropriate officials to execute same. (consent) 7.8 Approve a contract to Tencarva Machinery CO LLC, dba Hudson Pump and Equipment Associates, Inc of Greensboro, NC for additional SmartCover Systems associated with Wastewater system manhole sewage level monitoring equipment in a not-to-exceed amount of$400,000.00 for the term of May 20, 2022 through November 30, 2023, pursuant to Clearwater Code of Ordinances Section 2.563(1)(d), Non-competitive purchases (Impractical), and authorize the appropriate officials to execute same. (consent) 7.9 Authorize a one-year extension to the current purchase order with Jet Age Fuel, Inc. of Clearwater, FL, for the purchase of unleaded and diesel fuel; increase the purchase order by $500,000.00 bringing the total amount to $3,200,000.00 for term October 1, 20227 through September 30, 2023, pursuant to Invitation to Bid (ITB) 37-19; and authorize the appropriate officials to execute same. (consent) 7.10Request for authority to settle case of City of Clearwater v. Hunstein, et al., Case No. 21-005056-CI. (consent) 7.11 Request for authority to settle case of Dekker v. City of Clearwater, Case No. 19-2569-CI. (consent) Councilmember Bunker 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. Administrative Public Hearings 8.1 Approve the annexation, initial Future Land Use Map designations of Residential Low (RL) and Water and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1827 Audubon Street and pass Ordinances 9540-22, 9541-22, and 9542-22 on first reading. (ANX2021-12019) This voluntary annexation petition involves a 0.479-acre property consisting of one parcel of land occupied by a detached dwelling. The property is located on the south side of Audubon Street approximately 300 feet south of Druid Road. The applicant is requesting annexation in order to receive sanitary sewer and solid waste service from the City. The property is located in an enclave and is contiguous to existing city boundaries to the north, west and east. It is proposed that the property be assigned Future Land Use Map designations of Residential Page 5 City of Clearwater City Council Meeting Minutes May 19, 2022 Low (RL) and Water 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. The closest sanitary sewer line is located in the adjacent Audubon Street right-of-way. The applicant is aware that the City's sewer impact and assessment fees must be paid in full prior to connection and 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 the property by Station #47 located at 1460 Lakeview Road. 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 Water Future Land Use Map category recognizes the water feature to the rear of 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, west and east; therefore, the annexation is consistent with Florida Statutes Chapter 171.044. Page 6 City of Clearwater City Council Meeting Minutes May 19, 2022 The Council recessed from 9:31 p.m. to 9:34 p.m. Councilmember Teixeira moved to approve the annexation, initial Future Land Use Map designations of Residential Low (RL) and Water and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1827 Audubon Street and pass Ordinances 9540-22, 9541-22, and 9542-22 on first reading. Ordinances 9540-22, 9541-22, and 9542-22 were presented and read by title only. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Vice Mayor Beckman, Councilmember Allbritton, Councilmember Bunker and Councilmember Teixeira 8.2 Approve a Future Land Use Map Amendment from the Residential/Office General (R/OG) category to the Commercial General (CG) category for a portion of property located at 1640 Gulf to Bay Boulevard and pass Ordinance 9554-22 on first reading. (LUP2022-01001) This Future Land Use Map amendment involves a 0.74-acre portion of a 2.26-acre property located on the northeast corner of Gulf to Bay Boulevard and South Keystone Avenue. The applicant, MSCW-GTB, LLC, is requesting to amend the future land use category of the north one-third of the property, approximately 0.74 acres, from Residential/Office General (R/OG) to Commercial General (CG). The applicant has submitted a Zoning Atlas amendment which is being processed concurrently with this case (REZ2022-01001). The property is currently developed with a 17,684 square foot office building with the only occupant being a bank branch. There are two current future land use map categories on the property. The north one-third has a future land use map category of Residential/Office General (R/OG), and the southern two-thirds has a future land use map category of Commercial General (CG). The Residential/Office General (R/OG) category has a maximum density of 15 dwelling units per acre and a maximum floor area ration (FAR) of 0.50. The Commercial General (CG) category has a maximum density of 24 dwelling units per acre and a maximum floor area ratio (FAR) of 0.55. The proposed amendment would allow the property to have one consistent future land use map category of Commercial General (CG) and would increase the development potential of the site by approximately 4,900 square feet. The applicant has indicated the desire to construct a car wash on the property while the existing office building is to remain; however, no site plans have been submitted at this time. Page 7 City of Clearwater City Council Meeting Minutes May 19, 2022 The Planning and Development Department has determined that the proposed future land use amendment is consistent with the provisions of the Clearwater Community Development Code as specified below: • The proposed amendment is consistent with the Comprehensive Plan and the Countywide Plan Rules. • The proposed amendment is compatible with the surrounding properties and character of the neighborhood. • Sufficient public facilities are available to serve the property. • The proposed amendment will not have an adverse impact on the natural environment. • The proposed amendment will not have an adverse impact on the use of property in the immediate area. The proposed City of Clearwater future land use category of Commercial General (CG) will necessitate an amendment of the Countywide Plan Map from the Office (0) category to the Retail & Services (R&S) category. In accordance with the Countywide Plan Rules, the land use plan amendment is subject to the approval of Forward Pinellas, in its role as the Pinellas Planning Council, and the Board of County Commissioners acting as the Countywide Planning Authority. The application is a small-scale amendment so review and approval by the Florida Department of Economic Opportunity is not required. The Community Development Board reviewed this application at its April 19, 2022 public hearing and made a unanimous recommendation of approval to the Council. Councilmember Allbritton moved to approve a Future Land Use Map Amendment from the Residential/Office General (R/OG) category to the Commercial General (CG) category for a portion of property located at 1640 Gulf to Bay Boulevard and pass Ordinance 9554-22 on first reading. Ordinance 9554-22 was presented and read by title only. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Vice Mayor Beckman, Councilmember Allbritton, Councilmember Bunker and Councilmember Teixeira 8.3 Approve 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 an unaddressed parcel on Otten Street and pass Ordinances 9567-22, 9568-22, and 9569-22 on first reading. (ANX2022-03005) This voluntary annexation petition involves a 0.183-acre property consisting of one parcel of vacant land. The property is located on the southeast corner of Otten Street and Weston Drive. The applicant has indicated a desire to Page 8 City of Clearwater City Council Meeting Minutes May 19, 2022 construct a detached dwelling on the property, although no plans have been submitted at this time. They are requesting annexation in order to receive water, sanitary sewer, and solid waste service from the City upon site development. The property is located within an enclave and is contiguous to city boundaries on all sides, and the annexation will eliminate an enclave. 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 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: • Water, sanitary sewer, and solid waste service will be provided by the City of Clearwater. The closest sanitary sewer line is located in an easement along the southern property boundary. The closest water line is located in both the Otten Street and Weston Drive rights-of-way. The applicant is aware that the City's sewer and water impact and assessment fees must be paid in full prior to connection and of the additional costs to extend city sewer and water service to this property. The property is located within Police District II and service will be administered through the district headquarters located at 645 Pierce Street. Fire and emergency medical services will be provided to this property by Station #51 located at 1712 Overbrook Avenue. The City has adequate capacity to serve this property with sanitary sewer, solid waste, water, 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 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 Medium Density Residential (LMDR) District. The proposed use of a detached dwelling on the subject property is consistent with the uses allowed in the District and the property exceeds the District's Page 9 City of Clearwater City Council Meeting Minutes May 19, 2022 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 on all sides; therefore, the annexation is consistent with Florida Statutes Chapter 171.044. Vice Mayor Beckman moved to approve 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 an unaddressed parcel on Otten Street and pass Ordinances 9567-22, 9568-22, and 9569-22 on first reading. Ordinances 9567-22, 9568-22, and 9569-22 were presented and read by title only. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Vice Mayor Beckman, Councilmember Allbritton, Councilmember Bunker and Councilmember Teixeira 8.4 Continue to a date Uncertain: 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 1272 Sedeeva Circle N. and pass Ordinances 9564-22, 9565-22, and 9566-22 on second reading. (ANX2021-06011) This voluntary annexation request was passed on first reading on August 19, 2021 and involves a 0.186-acre property consisting of one parcel located on the north side of Sedeeva Circle N. approximately 220 feet west of N. Betty Lane. The property is contiguous to existing City boundaries to the north, east and south. Second reading of this annexation request was delayed because the applicant was constructing a single-family dwelling on this parcel under the County's jurisdiction. The construction has been completed and a Certificate of Occupancy issued so second reading can now take place. A Future Land Use Map designation of Residential Urban (RU) and a Zoning Atlas designation of Low Medium Density Residential (LMDR) were approved for the property on first reading. Due to the amount of time that has lapsed since that hearing, new ordinance numbers have been assigned to reflect the current year (previous Ordinance numbers: 9484-21, 9485-21 and 9486-21), so a third and final reading will also be scheduled at the June 2, 2022 meeting. Staff is continuing the item because the property was recently sold, and an updated annexation request must be obtained from the new property owner. Page 10 City of Clearwater City Council Meeting Minutes May 19, 2022 Councilmember Bunker moved to continue Item 8.4 to a date uncertain. The motion was duly seconded and carried unanimously. 9. Quasi-Judicial Public Hearings 9.1 Approve a Zoning Atlas Amendment from the Office (0) District to the Commercial (C) District for a portion of property located at 1640 Gulf to Bay Boulevard and pass Ordinance 9555-22 on first reading. (REZ2022-01001) This Zoning Atlas amendment involves a 0.74-acre portion of a 2.26-acre property located on the northeast corner of Gulf to Bay Boulevard and South Keystone Avenue. The applicant, MSCW-GTB, LLC, is requesting to rezone the north one-third of the property, approximately 0.74 acres, from the Office (0) District to the Commercial (C) District. The applicant has submitted a Future Land Use Map amendment, which is being processed concurrently with this case (LUP2022-01001). The proposed Commercial (C) District is compatible with the surrounding zoning districts and commercial, office, self-storage and overnight accommodation uses that exist in the vicinity of the property. The proposed Commercial (C) District would also allow the property to have one consistent zoning district, which will make development or redevelopment of the property easier. The applicant has indicated the desire to construct a car wash on the property while the existing office building is to remain; however, no site plans have been submitted at this time. The Planning and Development Department has determined that the proposed Zoning Atlas amendment is consistent with the provisions of the Community Development Code as specified below: • The proposed amendment is consistent with the Comprehensive Plan and the Community Development Code. • The proposed amendment is compatible with the surrounding properties and character of the neighborhood. • The available uses in the Commercial (C) District are compatible with the surrounding area. • The proposed amendment will not adversely impact or unreasonably affect the use of other property in the area. • The proposed amendment will not adversely burden public facilities, including traffic carrying capabilities of streets in an unreasonably or disproportionate manner, and • The proposed Commercial (C) District boundaries are appropriately drawn in regard to location and classification of street, ownership lines, existing improvements and the natural environment. The Community Development Board reviewed this application at its April 19, 2022 public hearing and made a unanimous recommendation of approval to the Council. Page 11 City of Clearwater City Council Meeting Minutes May 19, 2022 Councilmember Teixeira moved to approve a Zoning Atlas Amendment from the Office (0) District to the Commercial (C) District for a portion of property located at 1640 Gulf to Bay Boulevard and pass Ordinance 9555-22 on first reading. Ordinance 9555-22 was presented and read by title only. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Vice Mayor Beckman, Councilmember Allbritton, Councilmember Bunker and Councilmember Teixeira 10. Second Readings - Public Hearing 10.1Adopt Ordinance 9556-22 on second reading, amending the future land use element of the Comprehensive Plan of the city to change the land use designation for certain real property whose post office address is 609 Blanche B. Littlejohn Trail, Clearwater, Florida, 33755 from Institutional (1) to Residential Urban (RU). Ordinance 9556-22 was presented and read by title only. Councilmember Allbritton moved to adopt Ordinance 9556-22 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Vice Mayor Beckman, Councilmember Allbritton, Councilmember Bunker and Councilmember Teixeira 10.2Adopt Ordinance 9557-22 on second reading, amending the Zoning Atlas of the city by rezoning certain real property whose post office address is 609 Blanche B. Littlejohn Trail, Clearwater, Florida, 33755, from Institutional (1) to Low Medium Density Residential (LMDR). Ordinance 9557-22 was presented and read by title only. Vice Mayor Beckman moved to adopt Ordinance 9557-22 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Vice Mayor Beckman, Councilmember Allbritton, Councilmember Bunker and Councilmember Teixeira 10.3Adopt Ordinance 9561-22 on second reading, annexing certain unaddressed real properties located on the east side of US Highway 19 North approximately 1,170 feet south of Sunset Point Road, all in Clearwater, Florida 33759 into the corporate boundaries of the city and redefining the boundary lines of the city to include said Page 12 City of Clearwater City Council Meeting Minutes May 19, 2022 additions. Ordinance 9561-22 was presented and read by title only. Councilmember Bunker moved to adopt Ordinance 9561-22 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Vice Mayor Beckman, Councilmember Allbritton, Councilmember Bunker and Councilmember Teixeira 10AAdopt Ordinance 9562-22 on second reading, amending the future land use element of the Comprehensive Plan of the city to designate the land use for certain unaddressed real properties located on the east side of US Highway 19 North approximately 1,170 feet south of Sunset Point Road, all in Clearwater, Florida 33759, upon annexation into the City of Clearwater as US 19-Neighborhood Center (US 19-NC). Ordinance 9562-22 was presented and read by title only. Councilmember Teixeira moved to adopt Ordinance 9562-22 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Vice Mayor Beckman, Councilmember Allbritton, Councilmember Bunker and Councilmember Teixeira 10.5Adopt Ordinance 9563-22 on second reading, amending the Zoning Atlas of the city by zoning certain unaddressed real properties located on the east side of US Highway 19 North approximately 1,170 feet south of Sunset Point Road, all in Clearwater, Florida 33759, upon annexation into the City of Clearwater, as US 19. Ordinance 9563-22 was presented and read by title only. Councilmember Allbritton moved to adopt Ordinance 9563-22 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Vice Mayor Beckman, Councilmember Allbritton, Councilmember Bunker and Councilmember Teixeira 10.6Adopt Ordinance 9571-22 on second reading, vacating the 10-foot wide platted utility easement located on Lots 9 and 10, Block X, Bay Terrace and Bay Terrace Addition, according to the map or plat thereof, as recorded in Plat Book 13, Page 22 of the public records of Pinellas County, Florida. Ordinance 9571-22 was presented and read by title only. Vice Page 13 City of Clearwater City Council Meeting Minutes May 19, 2022 Mayor Beckman moved to adopt Ordinance 9571-22 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Vice Mayor Beckman, Councilmember Allbritton, Councilmember Bunker and Councilmember Teixeira 11. City Manager Reports 11.1 Designate an underwriting team consisting of BofA Securities, Inc.; J.P. Morgan Securities LLC; Raymond James and Associates; RBC Capital Markets, LLC; and Wells Fargo Securities, to provide investment banking services to manage future negotiated bond sales for the City of Clearwater and adopt Resolution 22-11. In order to be in a position to efficiently conduct appropriate future long-term bond financing transactions, the City of Clearwater Finance Department seeks council approval of an underwriting team of investment banking firms to manage future negotiated bond sales. The City issued Request for Qualification (RFQ) #16-22 to select the team of investment banking firms and received a total of twelve responses for consideration. The proposed team will consist of five firms selected through the RFQ process and will serve for a five-year period. The City's Finance Director or designee will designate the senior and co-managers from the team for each transaction. The RFQ selection committee recommends for Council approval a five-firm team consisting of BofA Securities, Inc.; J.P. Morgan Securities LLC; Raymond James & Associates; RBC Capital Markets, LLC; and Wells Fargo Securities. Councilmember Bunker moved to designate an underwriting team consisting of BofA Securities, Inc.; J.P. Morgan Securities LLC; Raymond James and Associates; RBC Capital Markets, LLC; and Wells Fargo Securities, to provide investment banking services to manage future negotiated bond sales for the City of Clearwater and adopt Resolution 22-11. Resolution 22-11 was presented and read by title only. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Vice Mayor Beckman, Councilmember Allbritton, Councilmember Bunker and Councilmember Teixeira 11.2Approve the Selection Committee's recommendation for the Venue Management Operator RFQ and authorize city staff to engage in negotiations with Global Spectrum, LP dba OVG360 of Philadelphia, PA for the purpose of establishing an operating agreement Page 14 City of Clearwater City Council Meeting Minutes May 19, 2022 for the Imagine Clearwater Performance Amphitheater. On February 25, 2022, the City issued RFQ 18-22, Venue Management Operator. Three responses were received from qualified companies to provide professional venue management operations which will include the production of special events such as concerts, festivals, and year-round operations for the covered amphitheater at Coachman Park located on the downtown Clearwater waterfront. On April 14, 2022, a team of city staff representing the City Manager's Office, Community Redevelopment Agency, Finance and Parks & Recreation Departments reviewed each response and conducted an evaluation of each firm. The responses provided by each vendor were subsequently evaluated based on three key areas of performance: (1) Demonstrated Experience of the Company and Project Personnel, (2) Project Methodology, Approach and Schedule, and (3) References. On April 26, 2022, the Selection Committee conducted interviews with the top two ranked companies, Global Spectrum, LP dba OVG360 and Ruth Eckerd Hall, Inc. to further assess their proposed project approach. After completion of the presentations, the Selection Committee is recommending Global Spectrum, LP dba OVG360 to provide venue management operations. Authorization for City staff to negotiate with Global Spectrum, LP dba OVG360 is requested in advance of preparing a final agreement to include finance incentives, financial returns to the city, and structuring of potential operational and partnership arrangements. Once negotiations have concluded, a final agreement will be brought back to Council for approval. In response to questions, the City Manager said staff followed the same process they have undertaken many times in the past to review RFQ respondents. Staff received three responses and eliminated one, leaving Ruth Eckerd Hall (REH) and OVG 360. He said he did not attend the presentation but staff followed a thorough review. Staff has provided Council the scoring sheets and a recommendation. Staff understands that Council will make the final decision. REH President and CEO Susan Crockett said the organization has invested over$21 million in REH and the Capitol Theatre in the last ten years for expansion, roofing, and building repairs. These investments are needed to maintain the organization's reputation. The organization has the experience in producing events with artists who have played in arenas. She said REH co-promotes, shares the risk with others, and negotiates with the artist. Ms. Crockett said REH is not looking for a subsidy or a management fee with managing the venue. The number of seats is a small piece of what is required to make a venue like this one to be successful. O VG 360 Senior Vice President Doug Higgons said 0 V 360 last October purchased 100% of a company called Spectra, which 10 to 15 years ago was a company that had a food service company called Ovations and Global Page 15 City of Clearwater City Council Meeting Minutes May 19, 2022 Spectrum. VSG Chief Executive Officer Steve Griggs said the group has not had an opportunity to produce an outdoor event in St. Petersburg or Clearwater. The group has been focused on making the Amalie Arena a world class arena and experience the last 12 years. He said in 2015 the Yuengling Center has been the group's primary focus. The Amalie Arena is now a top ten building from a fan and booking experience. The Yuengling Center did not have many planned event and now host 30 events in addition to the USF events. Mr. Higgons said the group is part of a top 10 Arena Alliance and assist the Florida Live Arena with booking services and sponsorship sales. The group's agreement with the City of Savannah included $5 million investment. He said the OVG 360 was successful in selling premium seating that it approached the City of Savannah about increasing the number of premium seating, resulting in OVG investing an additional$1.7 million. He said the group is in the process of acquiring another food and beverage company that specializes in outdoor events. The company believes the venue will be a destination and looks forward to working with the community to make it happen. VSG Chief Venue Officer Kevin Preast said the group understands that this is a park with an amphitheater, the community events will raise awareness of the activities held in the amphitheater. The group is committed to taking some of the proceeds from the ticketed events to produce free events. Mr. Preast said he does not recommend purchasing audio equipment as national acts carry their own equipment, he suggested renting the equipment for local acts. Mr. Higgons said the group is in the process of opening an arena in Seattle that will be the first carbon neutral arena in the world. The group has a sustainability division dedicated to working with each facility to implement sustainable best practices. The City Attorney said if a sustainability feature is important to Council, staff would negotiate with the vendor to include the feature in the management agreement. Mr. Preast said the group does not run outdoor venues but works with Raymond James Stadium for programming. Mr. Griggs said VSG will be responsible for managing the venue; the group will dedicate an appropriate number of employees to manage all aspects of the venue. Twenty individuals opposed OVG 360 and supported Ruth Eckerd Hall to manage the Imagine Clearwater performance amphitheater. One individual suggested that OVG 360 and Ruth Eckerd Hall work together on managing the venue. The Council recessed from 8:04 p.m. to 8:13 p.m. Page 16 City of Clearwater City Council Meeting Minutes May 19, 2022 In response to a question, Parks and Recreation Director Jim Halios said staff did not seek feedback on the references as it is not part of the RFQ process. Staff did provide copies of letters that were submitted. Discussion ensued with comments made that REH has been in the community for over forty years, that REH has experience in the community to successfully run the venue, and that it was unclear if OVG 360 or VSG would run the venue. It was stated that OVG has capital to invest in the facility and limits the City's risk. A concern was expressed that REH may be too dependent on volunteers and donors. Councilmember Allbritton moved to accept Ruth Eckerd Hall (REH) as the venue management operator and authorize staff to engage in negotiations with REH for the purpose of establishing an operating agreement for the Imagine Clearwater Performance Amphitheater. The motion was duly seconded and carried with the following vote: Ayes: 3 - Mayor Hibbard, Councilmember Allbritton and Councilmember Teixeira Nays: 2 - Vice Mayor Beckman and Councilmember Bunker 12. City Attorney Reports — None. 13. Closing comments by Councilmembers (limited to 3 minutes) Vice Mayor Beckman said it is emotionally and intellectually draining to look at all the documents and information and make the best judgment based on what was before me with legal guidance. She said Ruth Eckerd Hall will be a good partner and champion. She advised that the devil is in the details and citizens need to be informed and voice what they would like to see in a management agreement. Councilmember Bunker congratulated Ruth Eckerd Hall and said he admires all the wonderful work they have done over the years. He said Tracey McManus wrote an article regarding the human trafficking lawsuit by three former Scientologists; one of the individuals turned to Clearwater Police a few years ago and unfortunately, the City was unable to help as the State Attorney refused to issue a subpoena. He said he appreciated the chief for forwarding the information to the FBI and said it is frustrating Page 17 City of Clearwater City Council Meeting Minutes May 19, 2022 that nobody will take actions seriously. Councilmember Teixeira said she attended the community meeting at Morningside Recreation Center and was disappointed in the turnout. She encouraged all who want their voices heard to come out and participate. She looks forward to the next three meetings and hopes for higher participation. 14. Closing Comments by Mayor 15. Adjourn Attest Mayor Hibbard reviewed recent and upcoming events. He said staff followed the criteria outlined in the amphitheater RFQ but Council had a different opinion. He said he felt comfortable with the decision; experience is a factor. The meeting adjourned at 9:56 p.m. LY,,0.4A-e v, IckAg.w,W' Mayor City of Clearwater Page 18 City of Clearwater