08/04/2022 City Council Meeting Minutes August 4, 2022
City of Clearwater
Main Library- Council Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
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Meeting Minutes
Thursday, August 4, 2022
6:00 PM
Main Library - Council Chambers
City Council
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City of Clearwater
City Council Meeting Minutes August 4, 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 6:00 p.m.
2. Invocation - Rev. Norma Fontaine-Philbert from Garden of Grace Ministries
3. Pledge of Allegiance
4. Special recognitions and Presentations (Proclamations, service awards, or other
special recognitions. Presentations by governmental agencies or groups providing
formal updates to Council will be limited to ten minutes.) — Given.
4.1 Diversity Leadership Council Poster Contest - Sherman Stroman and Freda Daniels
Diversity Leadership Council Members Sherman Stroman and Karla
Deas provided a PowerPoint presentation recognizing the annual poster
contest winners and honorable mentions.
4.2 End of Session Report - Senator Ed Hooper
It was stated that Senator Hooper was unable to attend but his report
would be rescheduled.
5. Approval of Minutes
5.1 Approve the minutes of the July 21, 2022 City Council meeting as submitted in written
summation by the City Clerk.
Councilmember Allbritton moved to approve the minutes of the
July 21, 2022 City Council meeting as submitted in written
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summation by the City Clerk. The motion was duly seconded and
carried unanimously.
6. Citizens to be heard re items not on the agenda
David Ballard Getjr expressed concerns with Pinellas County's reclaimed
water availability fee and said his water was shutoff after he refused to pay
his bill.
Norm Bild thanked the Clearwater Police Department Honor Guard for
their presence at the Honor Flight and invited all to attend the opening
of the first Purple Heart Park in Dunedin.
Eleanore Lyda thanked the City for lighting up the trees in Downtown and
encouraged all to ride the Jolley Trolley's Haunted Tour.
Bill Jonson commended the city manager for restarting the strategic
planning process and suggested revisiting the City's vision statement.
Mr. Holuba expressed concerns with the lack of background checks
prospective Clearwater police officers undergo.
7. Consent Agenda — Approved as submitted, less Item 7.3.
7.1 Approve a Services Agreement and Purchase Order to Heath Consultants, Inc. of
Houston, TX to provide gas leak surveys, corrosion inspections and meter maintenance
in the annual not-to-exceed amount of$217,360.00 with the option for two, one-year
renewals, pursuant to Invitation to Bid (ITB) 15-22, and authorize the appropriate officials
to execute same. (consent)
7.2 Approve co-sponsorship and waiver of requested city fees and service charges for 27
Co-sponsored Special Events at an estimated General Fund cost of$430,550.00
($86,000.00 in cash contributions and $344,550.00 in service contributions) and
Enterprise Fund cost of$83,234.00 for the purposes of Fiscal Year 2022/23
departmental budget submittals. (consent)
7.3 Approve an agreement with the Pinellas County Sheriff's Office of Largo, FL for forensic
crime scene processing, latent prints, property and evidence storage, and Pinellas
Juvenile Assessment Center services in an amount not-to-exceed $618,438.00, which
includes contingency, for the term October 1, 2022 through September 30, 2023, and
authorize the appropriate officials to execute same. (consent)
See Below
7.4 Renew Financial Assistance Agreement between the Florida Department of Law
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Enforcement and the City of Clearwater, necessary to facilitate a current mutual aid
agreement between the two entities, effective upon execution through June 30, 2023, and
authorize the appropriate officials to execute same. (consent)
7.5 Approve Supplemental Work Order One to Black and Veatch, of Tampa, FL, for Project
Management Services 22-0007-UT in the amount of$380,000, increasing the work order
from $95,000 to $475,000 pursuant to Request for Qualifications (RFQ) 26-19, Engineer
of Record Consulting Services (EOR), and authorize the appropriate officials to execute
same. (consent)
7.6 Approve Supplemental Work Order 1 to WSP USA, Inc. for the Reverse Osmosis Plant 2
(RO2) Injection Well 1 (IW-1) Retrofit, Project 20-0020-UT, in the amount of$98,768.80,
increasing the project amount from $28,545.00 to $127,313.80 pursuant to Request for
Qualifications (RFQ) 26-19, Engineer of Record Consulting Services (EOR) and
authorize the appropriate officials to execute same. (consent)
7.7 Approve an increase to contract 901566 to Hach Company of Loveland, CO for the
purchase of testing equipment, laboratory instruments, chemicals, parts, and related
supplies in the amount of$250,000.00, bringing the total amount to $300,000.00 for the
term June 14, 2022 through June 13, 2023 with two, one-year renewal options in the
annual not to exceed amount of$300,000.00, pursuant to Clearwater Code of
Ordinances Section 2.563(1)(d), Non-competitive purchases (Impractical), and Section
2.561(5), Small Purchases, and authorize the appropriate officials to execute same.
(consent)
7.8 Authorize the purchase of vehicles (heavy and light duty) and equipment in the
not-to-exceed amount of$9,056,200.00, approved in the Fiscal Year (FY) 23 budget,
pursuant to Clearwater Code of Ordinances Sections 2.563(1)(c), Piggyback, 2.563(1)
(d), Non-competitive purchases, and 2.561(5), Small Purchases; authorize lease
purchase under the City's Master Lease Purchase Agreement or internal financing via an
interfund loan from the Capital Improvement Fund, whichever is deemed to be in the
City's best interest; declare the vehicles and equipment being replaced as surplus and
authorize for disposal at auction or trade-in, pursuant to Clearwater Code of Ordinances
Section 2.623(7)(c), public auction, or (e) trade-in, whichever is in the best interest of the
City and authorize the appropriate officials to execute same. (consent)
7.9 Review updated advisory board application. (consent)
Vice Mayor Beckman moved to approve the Consent Agenda, less
Item 7.3, and authorize the appropriate officials to execute same.
The motion was duly seconded and carried unanimously.
7.3Approve an agreement with the Pinellas County Sheriff's Office of Largo, FL for forensic
crime scene processing, latent prints, property and evidence storage, and Pinellas
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Juvenile Assessment Center services in an amount not-to-exceed $618,438.00, which
includes contingency, for the term October 1, 2022 through September 30, 2023, and
authorize the appropriate officials to execute same. (consent)
The Pinellas County Sheriff's Office (PCSO) and the Clearwater Police
Department (CPD) began an annual contractual agreement for services in
January 1994. The agreements have covered forensic crime scene
processing, latent fingerprint examination, property and evidence storage, and a
share of security costs at the Pinellas Juvenile Assessment Center (PJAC).
The total cost for the proposed agreement for Fiscal Year 2022-2023 is
$582,210.00. The proposed contractual agreement reflects a 3.26% increase
from the agreement in the previous fiscal year. This agreement is based on the
following associated costs:
Forensic Science Services (Crime Scene Processing) - 1,100 calls for service
at $264.90 each, totaling $291,390.00;
Fingerprint Services - 1,000 cases at $97.38 each, totaling $97,380.00;
Property and Evidence Storage - 12,000 items at $13.67 each, totaling
$164,040.00;
Pinellas Juvenile Assessment Center (PJAC) - 350 juveniles transported at
$84.00 each, totaling $29,400.00.
The contingency amount of$36,228.00 will cover any calls for service which
exceed those outlined in the proposed contract and invoices for excess
services will be issued separately. Additionally, at the end of the contract, any
funds remaining from unused calls for service will be refunded to the City.
APPROPRIATION CODE AND AMOUNT:
Funding for this contractual agreement and contingency funds are included in
the Police Department's fiscal year 2022-2023 operating budget request for
cost code, 0101155-530300, contractual services.
One individual spoke in support and questioned why the Clearwater
Police Department did not conduct their own crime scene processing.
Clearwater Police Chief Daniel Slaughter said the Department contracts
with the Pinellas County Sheriffs Office to handle the more complicated
crime scenes.
Councilmember Bunker moved to approve an agreement with the
Pinellas County Sheriff's Office of Largo, FL for forensic crime
scene processing, latent prints, property, and evidence storage,
and Pinellas Juvenile Assessment Center services in an amount
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not-to-exceed $618,438.00, which includes contingency, for the
term October 1, 2022 through September 30, 2023, 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 Declare surplus for the purpose of sale, through Request for Proposals and Qualifications
43-22, real property located at 1454 South Martin Luther King Jr. Avenue, whereby the
successful proposal meets the terms established by Council. (APH)
This property is currently vacant, and it is identified by Resolution #22-13 as a
city-owned property appropriate for use as affordable housing (Pinellas County
Property I.D. #22-29-15-00000-320-1300). The property was acquired for
$84,000 in 1995 with Community Development Block Grant (CDBG) program
funding made available to the city from the United States Department of
Housing and Urban Development (HUD). The City's initial goal was to procure a
developer to develop a seven-unit single family subdivision for low- to
moderate-income households. At this time, staff believes that an attached
multi-family project, such as a townhome or villa concept, providing for more
residential units, will be a better fit with the character of the neighborhood while
still creating homeownership opportunities.
Because the property was purchased with CDBG funds, residential
development is required to reserve a minimum of 50% of the units for
households with total household income not to exceed 80% of Area Median
Income (AMI) as determined by HUD. Staff is recommending a mixed-income
project whereby the remaining units are reserved for households earning up to
120% AMI. Staff is also recommending a project with the highest density
practicable while staying consistent with the existing scale and development
pattern in the neighborhood. Maximum density, including additional units from
the affordable housing density bonus, is 24 units.
Proceeds from sale will be used for future CDBG-eligible projects administered
by the Economic Development & Housing Department.
Councilmember Teixeira moved to declare surplus for the
purpose of sale, through Request for Proposals and
Qualifications 43-22, real property located at 1454 South Martin
Luther King Jr. Avenue, whereby the successful proposal meets
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the terms established by Council. The motion was duly seconded
and carried unanimously.
8.2 Approve the request from the owner of property addressed 1979 Hastings Drive,
Clearwater to vacate the 5-foot-wide platted Utility Easement, located on Lot 24, Re-Plat
of Willow Ridge, according to the map or plat thereof as recorded in Plat Book 71, Pages
98-101, Public Records of Pinellas County, Florida, less and except the east and west 10
feet thereof, and pass Ordinance 9598-22 on first reading.
The property owner at 1979 Hastings Dr, Clearwater, has requested that the
City vacate the northerly 5 ft. Utility Easement between the West side 10 ft.
Utility Easement and the East side 10 ft. Drainage/Utility Easement.
The purpose of this vacation is to provide space to place a generator.
There are no city utilities present within this easement. All private utility
companies have no objection to the vacation. City staff have reviewed this
vacation and have no objection.
Ordinance 9598-22 was presented and read by title only.
Councilmember Allbritton moved to approve the request from the
owner of property addressed 1979 Hastings Drive, Clearwater to
vacate the 5-foot-wide platted Utility Easement, located on Lot 24,
Re-Plat of Willow Ridge, according to the map or plat thereof as
recorded in Plat Book 71, Pages 98-101, Public Records of
Pinellas County, Florida, less and except the east and west 10
feet thereof, and pass Ordinance 9598-22 on first 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
8.3 Provide direction on the proposed first amendment to an existing Development
Agreement between Beachrock Lodging LLLP (the property owner) and the City of
Clearwater for property located at 325 Gulfview Boulevard and 326 Coronado Drive,
which includes a revision to Exhibit B to provide new conceptual site plans and
elevations, and sets a new date by which time site plan approval must be obtained; and
confirm a second public hearing in City Council Chambers before City Council on August
187 2022 at 6:00 p.m., or as soon thereafter as may be heard. (HDA2013-08004A)
Site Location and Existing Conditions:
The 1.601-acre site is comprised of two parcels. The subject site is a double
frontage property and has frontage along the following streets: approximately
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240 feet of frontage along South Gulfview Boulevard (west) and 350 feet of
frontage along Coronado Drive (east). The site is occupied by two hotels with a
five-story hotel (the Beachview Inn, a 64-unit overnight accommodation use built
in 1982, according to Pinellas County Property Appraiser records) occupying
the larger of the two parcels. The second, smaller parcel is occupied by an
attached dwelling use with five units built in 1954 (also according to Pinellas
County Property Appraiser records). The overall subject site is zoned Tourist
(T) District with an underlying future land use category of Resort Facilities High
(RFH) and is also located within the Beach Walk District of Beach by Design.
Access to the portion of the site occupied by the attached dwelling is provided
by a narrow driveway along Coronado Drive. The larger parcel is accessed via
a pair of two-way driveways along Coronado Drive. Parking is provided along
the east side of the site. The hotel building is located along the west side of the
site. The attached dwelling building is centrally located on its parcel. A pool
area is located at the southwest corner of the larger parcel. The site enjoys
direct access to Beach Walk.
The larger area is characterized by a variety of uses including overnight
accommodations, retail, outdoor recreation and entertainment, restaurant and
attached dwelling uses with heights ranging from one to 15 stories. The City's
Beach Walk project, to the west, has been constructed transforming South
Gulfview Boulevard to the north of this site into a winding beachside promenade
with lush landscaping, artistic touches and clear views to Clearwater's
award-winning beach and the water beyond. Coronado Drive has largely been
improved according to Beach by Design.
Site History:
➢ On June 5, 2014, the City Council approved the allocation of up to 100
units from the Hotel Density Reserve under Beach by Design (Case No.
HDA2013-08004) and adopted a resolution to the same effect (Res. No.
14-11). The owners proposed to develop the site with 180-unit overnight
accommodations use with associated accessory/amenity uses
including commercial space, restaurant, meeting rooms, exercise room
and the like.
➢ On March 17, 2015, the Community Development Board (CDB)
approved a Level II Flexible Development application (FLD2014-12034)
for a 180-room overnight accommodations use in the Tourist (T)
District. A series of extension requests have been approved extending
the validity of the issued Development Order until February 12, 2026.
Development Proposal:
This application includes a significant building redesign, and even though the
result is an overall height reduction from 140 feet as previously approved to 100
feet as currently proposed, it substantially changes the character of the project
and an amendment to the agreement is required. Otherwise, there is no change
in the site area (1.601 acres), density (113 units per acre), total number of units
allocated from the Hotel Density Reserve through Beach by Design (100) or the
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overall number of hotel units (180) which utilizes the otherwise permitted
density of 50 units per acre or 80 units as originally approved.
The request includes a new conceptual site plan and accompanying building
elevations (Exhibit B) and certain changes to the Development Agreement
limited to a reflection of the new proposed height as listed below.
■ Section 4.4 is updated to show a decrease in height from 140 feet to no
more than 100 feet.
■ Exhibit B is updated to reflect the revised conceptual site plan and
elevations.
All structures on the site will be demolished and redeveloped with the 180-unit
overnight accommodation use designed with a tropical modern architecture
consistent with and complementary to the tropical vernacular envisioned in
Beach by Design. The most obvious changes to the proposal can be found in
the elevations. The proposed elevations depict a height of 94 feet to roof deck,
and the Agreement provides for a maximum height of no more than 100 feet to
roof deck. The submittal consists of conceptual plans and elevations with the
intention being that they will be refined and modified somewhat through and as
part of the Flexible Development review process. The proposed maximum
height will allow the applicant some flexibility as the floor plans are finalized.
The site will be accessed via a one-way driveway as well as a separate
service-only driveway all from Coronado Drive. The primary pedestrian
entrances are located centrally along the west side of the building providing
direct access to Beach Walk and at the northeast quadrant of the building
providing direct access to Coronado Drive.
A ground floor entry lobby is provided at the northeast quadrant of the building
as well as parking and retail space. Most of the ground floor retail space is
located along the west side of the building along Beach Walk. Retail space is
also located at the southeast corner of the ground floor of the building. The
second floor contains primarily parking and mechanical equipment and other
back-of-house components. A formal check-in lobby is provided on the third
floor as is a ballroom, dining area, additional retail space and kitchens along
with an exterior pool and amenity deck. The remaining floors are primarily
dedicated to hotel units.
A solid waste component will be located within the loading area within the
northeast quadrant of the building. The dumpster will be rolled out to a staging
area along Hamden Drive for servicing.
Consistency with the Community Development Code (CDC):
Minimum Lot Area and Width:
Pursuant to CDC Table 2-802, the minimum required lot area and width for an
overnight accommodations use is 20,000 square feet and between 100 and 150
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feet, respectively. The subject property is 69,736 square feet in area and
approximately 244 feet wide. The site is consistent with these Code provisions.
Minimum Setbacks:
The conceptual site plan depicts setbacks of zero feet to building along the front
(west) along South Gulfview Boulevard, 15 feet along the front (east) along
Coronado Drive and 10 feet along the sides (west, south and north). The
proposed setbacks may be approved as part of a Level One (FLS) application,
subject to meeting the applicable flexibility criteria of the Community
Development Code; however, other elements such as height will require the
project to be a Level Two (FLD) application.
Maximum Height:
Section B of the Design Guidelines within Beach by Design specifically
addresses height. The proposal provides for a building up to 100 feet in height
as measured from the design flood elevation where a height of up to 100 feet is
permitted as prescribed by the CDC (subject to meeting the applicable flexibility
criteria of the CDC and as approved as part of a Level II Flexible Development
application) and limited by Beach by Design.
The height of the proposed building is consistent with the Guidelines of Beach
by Design.
Minimum Off-Street Parking:
The 180-room overnight accommodations use requires a minimum of 216
off-street parking spaces. A parking garage located on the first two levels of the
building will provide a minimum of 216. This is consistent with the applicable
Sections of the CDC.
Landscaping:
While a formal landscape plan is not required to be submitted for review at this
time, the conceptual landscape areas depicted on the site plan show that
adequate spaces for foundation landscaping will be provided along all street
frontages. Since no perimeter landscape buffers are required in the Tourist (T)
District, the proposed landscape areas meet or exceed what is required. It is
noted, however, that flexibility may be requested/necessary as part of a
Comprehensive Landscape Program which would be reviewed at time of formal
site plan approval.
Consistency with Beach by Design:
Design Guidelines:
A review of the provided architectural elevations and massing study was
conducted and the proposed building does appear to be generally consistent
with the applicable Design Guidelines established in Beach by Design. It is
noted, however, that a more formal review of these Guidelines will need to be
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conducted as part of the final site plan approval process.
Hotel Density Reserve:
The project has been reviewed for compliance with those criteria established
within Beach by Design concerning the allocation of hotel rooms from the
Reserve. The project appears to be generally consistent with those criteria,
including that the development complies with the Metropolitan Planning
Organization's (MPO) countywide approach to the application of traffic
concurrency management for transportation facilities. The submitted Traffic
Impact Study concludes that traffic operations at nearby intersections and on
adjacent roadways would continue at acceptable levels of service.
Standards for Development Agreements:
The proposal is in compliance with the standards for development agreements,
is consistent with the Comprehensive Plan and furthers the vision of beach
redevelopment set forth in Beach by Design. The proposed first amended and
restated amendment to the existing Development Agreement will be in effect for
a period not to exceed ten years, meets the criteria for the allocation of rooms
from the Hotel Density Reserve under Beach by Design and includes the
following main provisions:
■ Provides for no change in the number of units (100 units) allocated from the
Hotel Density Reserve (previously approved as part of HDA2013-
08004/Resolution No. 14-11);
■ Revises Exhibit B which includes new conceptual site plans, architectural
drawings, elevations and perspectives;
■ Requires the developer to obtain building permits within one year of approval
of the amended and restated Development Agreement and certificates of
occupancy in accordance with Community Development Code (CDC)
Section 4-407;
■ Requires the return of any hotel unit obtained from the Hotel Density
Reserve that is not constructed;
■ Prohibits the conversion of any hotel unit allocated from the Hotel Density
Reserve to a residential use and requires the recording of a covenant
restricting use of such hotel units to overnight accommodations usage; and
■ Requires a legally enforceable mandatory evacuation/closure covenant that
the hotel will be closed as soon as practicable after a hurricane watch that
includes Clearwater Beach is posted by the National Hurricane Center.
Changes to Development Agreements:
Pursuant to Section 4-606. I, CDC, a Development Agreement may be
amended by mutual consent of the parties, provided the notice and public
hearing requirements of Section 4-206 are followed. Revisions to conceptual
site plans and/or architectural elevations attached as exhibits to this
Development Agreement shall be governed by the provisions of Section 4-406,
CDC. Minor revisions to such plans may be approved by the Community
Development Coordinator. Other revisions not specified as minor shall require
an amendment to this Development Agreement.
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Summary and Recommendation
The proposal appears to be generally consistent with applicable components of
the Community Development Code and Beach by Design and Staff is
supportive of the request.
Applicant representative Katie Cole reviewed the request. She said the
proposed mass reduction was obtained due to efficiencies in the building
and the redesign of the parking garage. Although there is a larger garage
facility on the southern end of the property, there is an approved hotel
adjacent to the garage facility, between Coronado Drive and Gulfview
Boulevard.
Vice Mayor Beckman moved to confirm a second public hearing in
City Council Chambers before City Council on August 18, 2022 at
6:00 p.m., or as soon thereafter as may be heard. The motion
was duly seconded and carried unanimously.
8.4 Approve a Development Agreement between the City of Clearwater and Gotham
Property Acquisitions, LLC and The DeNunzio Group providing for the redevelopment of
two sites on the west side of Osceola Avenue abutting Coachman Park in the Downtown
Core for overnight accommodations, attached dwellings, commercial uses such as retail,
food and beverage, cultural uses and event space pursuant to Community Development
Code Section 4-606; adopt Resolution 22-15, and authorize appropriate officials to
execute same. (DVA2022-06001)
The properties subject to this Development Agreement include a portion of the
former City Hall site located at the northwest corner South Osceola Avenue and
Pierce Street (112 South Osceola Avenue) and a portion of the former
Harborview site located north of Cleveland Street (50 North Osceola Avenue).
The properties are located within the Central Business District (CBD) future
land use category, the Downtown (D) District and the Downtown Core
Character District of the Clearwater Downtown Redevelopment Plan.
The proposed Development Agreement between the City and the Developer
(i.e., Gotham Property Acquisitions, LLC and The DeNunzio Group, LLC) is
anticipated to be in effect for 30 years and includes the following main
provisions:
• Permits certain uses: Attached dwellings (apartments), hotel,
commercial uses such as retail, food and beverage, and cultural uses,
and event space
• Prohibits certain uses: Self-storage facilities, nightclubs and light
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assembly uses
• Limits building height: former Harborview site limited to 157 feet for the
hotel (north building) and 53 feet for the south building; City Hall site
limited to 289 feet
• Establishes maximum density and intensity (FAR) for both sites,
consistent with the Clearwater Downtown Redevelopment Plan and
Community Development Code
• Anticipates Public Amenities Incentive Pool allocation by the Community
Development Board: 36 hotel units and 422 residential units
• Requires minimum number of surface and underground off-street
parking spaces: 169 parking spaces at the former Harborview site, 119
of which will be reserved and allocated for hotel use, and 600
underground parking spaces at the City Hall site
• Anticipates the need for the City to process a plat for the city-owned
property along the waterfront and bluff.
• Recognizes the need for a license agreement to govern cross access
between the Library parking lot and the former Harborview site
• Requires all buildings to be constructed to standards equivalent to LEED
Silver certification
The proposal is in compliance with the standards for Development Agreements
contained in Section 4-606, is consistent with the City's Comprehensive Plan
and Community Development Code, and furthers the vision of Downtown
redevelopment as set forth in Clearwater Downtown Redevelopment Plan, as
determined by the Planning and Development Department.
The Community Development Board will review this Development Agreement
application at its public hearing on July 19, 2022 and make a recommendation
to City Council. The Planning and Development Department staff will report the
recommendation at the city council meeting.
APPROPRIATION CODE AND AMOUNT:
Funding for this agreement is available in the unrestricted reserve balance of
the Parking Fund.
USE OF RESERVE FUNDS:
The remaining balance of Parking Fund reserves after 25% working capital
reserves is approximately $13.0 million or 156% of the current Parking Fund
operating budget.
Planning and Development Director Gina Clayton provided a PowerPoint
presentation.
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Developer representative Katie Cole said Gotham and DeNunzio's have a
breadth of experience with these types of developments. It will be the
tallest development in Clearwater. She said the development team is
excited about this opportunity.
Councilmember Bunker moved to approve a Development
Agreement between the City of Clearwater and Gotham Property
Acquisitions, LLC and The DeNunzio Group providing for the
redevelopment of two sites on the west side of Osceola Avenue
abutting Coachman Park in the Downtown Core for overnight
accommodations, attached dwellings, commercial uses such as
retail, food and beverage, cultural uses and event space pursuant
to Community Development Code Section 4-606; adopt
Resolution 22-15, and authorize appropriate officials to execute
same. The motion was duly seconded and carried unanimously.
9. Second Readings - Public Hearing
9.1 Adopt Ordinance 9575-22 on second reading, amending the future land use plan element
of the Comprehensive Plan of the city to change the land use designation for certain real
property whose post office address is 905 S. Highland Avenue, Clearwater, FL 33756,
from Residential/Office General (R/OG) to Institutional (1).
Ordinance 9575-22 was presented and read by title only.
Councilmember Teixeira moved to adopt Ordinance 9575-22 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
9.2 Adopt Ordinance 9576-22 on second reading, amending the Zoning Atlas of the city by
rezoning certain real property whose post office address is 905 S. Highland Avenue,
Clearwater, FL 33756, from Office (0) to Institutional (1).
Ordinance 9576-22 was presented and read by title only.
Councilmember Allbritton moved to adopt Ordinance 9576-22 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
9.3 Adopt Ordinance 9580-22 on second reading, annexing certain real property whose post
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office address is 2843 St. John Drive, Clearwater, FL 33759, into the corporate limits of
the city and redefining the boundary lines of the city to include said addition.
Ordinance 9580-22 was presented and read by title only. Vice
Mayor Beckman moved to adopt Ordinance 9580-22 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
9.4 Adopt Ordinance 9581-22 on second reading, amending the future land use plan element
of the Comprehensive Plan of the city to designate the land use for certain real property
whose post office address is 2843 St. John Drive, Clearwater, FL 33759, upon
annexation into the City of Clearwater, as Residential Low (RL).
Ordinance 9581-22 was presented and read by title only.
Councilmember Bunker moved to adopt Ordinance 9581-22 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
9.5 Adopt Ordinance 9582-22 on second reading, amending the Zoning Atlas of the city by
zoning certain real property whose post office address is 2843 St. John Drive,
Clearwater, FL 33759, upon annexation into the City of Clearwater, as Low Medium
Ordinance 9582-22 was presented and read by title only.
Councilmember Teixeira moved to adopt Ordinance 9582-22 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
9.6 Adopt Ordinance 9597-22 on second reading, calling for an election to be held on
November 8, 2022 on a proposed amendment to the City Charter to allow the City to
negotiate the development and sale of certain unoccupied properties in the downtown
core for the purpose of creating a vibrant, mixed-use development consisting of
apartments, hotel and commercial space including restaurant dining, cafes, and event
space, activating the area adjacent to Coachman Park.
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City of Clearwater
City Council Meeting Minutes August 4, 2022
Ordinance 9597-22 was presented and read by title only.
Councilmember Allbritton moved to adopt Ordinance 9597-22 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
9.7 CONTINUE TO A DATE UNCERTAIN: Adopt Ordinance 9586-22 on second reading,
annexing certain real property whose post office address is 1219 Sunset Point Road,
Clearwater, FL 33755, into the corporate limits of the city and redefining the boundary
lines of the city to include said addition.
AND
9.8 CONTINUE TO A DATE UNCERTAIN: Adopt Ordinance 9587-22 on second reading,
amending the future land use plan element of the Comprehensive Plan of the city to
designate the land use for certain real property whose post office address is 1219 Sunset
Point Road, Clearwater, FL 33755, upon annexation into the City of Clearwater, as
Residential Urban (RU).
AND
9.9 CONTINUE TO A DATE UNCERTAIN: Adopt Ordinance 9588-22 on second reading,
amending the Zoning Atlas of the city by zoning certain real property whose post office
address is 1219 Sunset Point Road, Clearwater, FL 33755, upon annexation into the
City of Clearwater, as Low Medium Density Residential (LMDR).
Vice Mayor Beckman moved to continue Items 9.7 through 9.9 to
a date uncertain. The motion was duly seconded and carried
unanimously.
9.10Withdrawn: Deny a Future Land Use Map Amendment from the Residential Low (RL)
category to the Institutional (1) category for the property located at 1885 County Road (CR)
193 and do not pass Ordinance 9577-22 on first reading. (LUP2022-04004)
NO ACTION
9.11 Withdrawn: Deny a Zoning Atlas Amendment from the Low Medium Density Residential
(LMDR) District to the Institutional (1) District for the property located at 1885 County Road
(CR) 193 and do not pass Ordinance 9578-22 on first reading. (REZ2022-04004)
NO ACTION
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City of Clearwater
City Council Meeting Minutes August 4, 2022
10. City Manager Reports
10.1Approve the allocation of American Rescue Plan Act (ARPA) Coronavirus Local Fiscal
Recovery Funds in the amount of$22,483,893 to fiscal year 2022 General Fund
government operations as revenue recovery; approve offsetting increases to fiscal year
2022 General Fund expenditures as detailed in this agenda item; and authorize the
appropriate officials to execute same.
A total of$22,483,893 of ARPA Local Fiscal Recovery Funds has been received
in two equal tranches on May 19, 2021 and June 6, 2022.
Authorization is requested to allocate the full (100%) amount to fiscal 2022
General Fund government operations as "revenue recovery" per the
Department of Treasury final rule.
Approval of offsetting increased General Fund expenditures for transfers to
projects and programs is requested to balance the General Fund budget for
fiscal 2022, per below. Effectively we are funding government projects and
programs that we are now able to accomplish per the revenue loss recovery.
Monies for projects and programs must be committed/encumbered by
December 31, 2024 and fully expended by December 31, 2026 per Department
of Treasury requirements.
Four public meetings were held throughout the city during May and June 2022 to
gather citizen input into priorities for expenditure of the funds. Citizen input was
also provided via an online survey posted on the City's website.
Staff recommends the following expenditures/transfers for Council approval:
• Startup funding for North Greenwood CRA $ 5,000,000
• Fiber upgrades and broadband connectivity 3,500,000
• Affordable housing 3,300,000
• Street & sidewalk improvements 2,000,000
• Solar for City facilities 2,000,000
• Pinellas Community Foundation 1,000,000
• Non-profit funding - grant based program 1,000,000
• Education - grants or partnerships 1,000,000
• State Street Park improvements 700,000
• Main Library renovations 625,000
• Unspecified fiscal 2022 General Fund expenditures - reimbursement
of City COVID expenditures - grants and premium pay 2,358,893
Total $ 22,483,893
APPROPRIATION CODE AND AMOUNT:
A third quarter budget amendment will recognize a transfer of$22,483,893.00
from special program G2109, American Rescue Plan Act Fund, to the General
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City of Clearwater
City Council Meeting Minutes August 4, 2022
Fund to be allocated for the purposes noted above.
The City Manager said at Monday's work session, a request was made to
allocate $250,000 to an incubator project. He recommended that
$250,000 of the proposed non-profit grant program be allocated to assist
micro business to grow in Clearwater. He said Amplify Clearwater is
seeking funding from Pinellas County for the incubator project.
In response to a question, Assistant City Manager Micah Maxwell said
the $2 million allocation for solar panels was based on an energy study
staff will be presenting in September. The study will provide data for the
overall anticipated cost and locations and identify city facilities best
suited for solar panels. He said the financial return on investment and the
environmental return on investment will be part of the September
discussion.
Discussion ensued with comments made that the proposed allocations
reflect the comments from citizens who participated in the online surveys and
community meetings and that the City should assist small businesses. A
concern was expressed that no information regarding the incubator project
was provided as part of the agenda item. It was stated that it is incredibly
important to help entrepreneurs generate new jobs and jumpstart
businesses and that Saint Petersburg College is interested in
participating.
The City Attorney said the item before council is seeking budgetary authority
for the broad categories, he would expect staff to bring back an agenda item
for council approval for expenditures that exceed $100,000.
Two individuals opposed allocating money directly to one organization.
Vice Mayor Beckman moved to approve Item 10.1. The motion
was duly seconded and carried with the following vote:
Ayes: 4 - Vice Mayor Beckman, Councilmember Allbritton, Councilmember
Bunker and Councilmember Teixeira
Nays: 1 - Mayor Hibbard
A question was raised if the motion included the recommended allocation for
the incubator project. Discussion ensued with comments made that it was
understood that the motion included the allocation for the incubator project. It
was stated that the motion was to approve the item as submitted, which did
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City of Clearwater
City Council Meeting Minutes August 4, 2022
not include the incubator project.
The City Attorney said he heard the City Manager recommend that
$250,000 from one of the line items that Council approved be allocated
toward the incubator project. He said he did not see anything wrong with
the City Manager taking those funds from the non-profit allocation and
bring that forward to Council.
In response to questions, the City Manager said a lot of the identified
categories were not specific, the incubator project was a specific request
that will do a lot for the economic development of the city. It was an
opportunity to move something forward sooner rather than later.
It was requested that details of the incubator project be provided, as the
public has no information regarding the incubator project.
The City Manager said the Clearwater Police Department received a
$144,000 FY 2022 Edward Byrne Memorial Justice Assistance Grant for
the Department's Mental Health Co-Responder Pilot Program. The
program pairs a police officer with a mental health professional from the
County SherifYs Mental Health Unit to respond to calls with
persons in crisis and conduct follow-up with persons experiencing
challenges around mental health in an effort to connect these individuals
with the appropriate services. U.S. Representative Crist sponsored the
request.
Clearwater Police Chief Daniel Slaughter said the program has been
running for almost a year. The program has been very successful. There
are two teams that operate during the day shift, Monday through Friday.
The shift was selected because according to the data, most calls related
to mental health were received during this time period. He said the teams
have responded to approximately 60 calls a month and approximately 20
follow-up visits each month.
11. City Attorney Reports
11.1Approve the Contract for Sale of Real Property by the City of Clearwater, Florida
(Contract) between the City of Clearwater, Gotham Property Acquisitions, LLC (Gotham)
and The DeNunzio Group, LLC (DeNunzio) for the former City Hall site located at 112 S.
Osceola Avenue and authorize the appropriate officials to execute same, together with all
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City of Clearwater
City Council Meeting Minutes August 4, 2022
other instruments required to effect closing.
The former City Hall, located on a portion of 112 S. Osceola Avenue, has
been vacant since January 2019 and contributes no taxable value to the
City. Nor does it provide housing, jobs or amenities for Clearwater
residents. The Imagine Clearwater plan, adopted by Clearwater residents,
identified this property as a potential site for redevelopment to complement
Coachman Park and stimulate downtown.
Pursuant to the Community Redevelopment Act, the City of Clearwater
issued a Call for Development Concepts (No. 28-22) for Downtown
Clearwater Waterfront Development Opportunities for the old City Hall Site
and the Harborview Site. In response, Gotham and DeNunzio presented a
development concept that proposed a purchase of the old City Hall site, for
the purpose of creating approximately 600 apartments and amenities.
Design and construction details will be memorialized in a development
agreement, which is being offered to the City Council as a separate
agenda item.
This item is the Purchase and Sale Agreement (PSA) for the old City Hall
site. The proposed purchase price is $15,400,000.00. This price
represents the full appraised value at the time the Call for Development
Concepts was issued. In addition, the PSA contemplates a Closing Date
by December 31, 2024, barring unusual circumstances. The PSA requires
the buyer to obtain all pre-development approvals, such as an approved
site plan and building permit, prior to closing.
The City Charter currently requires the City, prior to selling its real estate, to
first declare the property surplus and sell the property to the highest bidder.
Because this PSA involves a specific buyer and development partner, the
PSA requires an amendment to the City Charter before the PSA can be
fulfilled. A separate ordinance is being presented to the City Council
which, if approved, will ask voters to consider amending the City Charter to
allow the PSA to be fulfilled. The PSA will terminate if the ordinance is not
approved by Council, or if the proposed Charter amendment is rejected by
voters during the November 2022 general election.
The City Attorney said the purchase and sale documents include a
provision that states no conveyance can occur to a non-profit
organization, specific closing dates, and city obligations. He said the
City will provide the survey, demolish the old city hall site, streetscape
improvements to Osceola Avenue, negotiate a license agreement for the
Main Library parking lot for the developer's ingress and egress for the
site plan and provide any environmental remediation, if needed.
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City of Clearwater
City Council Meeting Minutes August 4, 2022
Councilmember Bunker moved to approve the Contract for Sale
of Real Property by the City of Clearwater, Florida (Contract)
between the City of Clearwater, Gotham Property Acquisitions,
LLC (Gotham) and The DeNunzio Group, LLC (DeNunzio) for the
former City Hall site located at 112 S. Osceola Avenue and
authorize the appropriate officials to execute same, together with
all other instruments required to effect closing. The motion was
duly seconded and carried unanimously.
11.2Approve the Contract for Sale of Real Property by the City of Clearwater, Florida
(Contract) between the City of Clearwater, Gotham Property Acquisitions, LLC (Gotham)
and The DeNunzio Group, LLC (DeNunzio) for the former Harborview site, which was
located at 320 Cleveland Street, and is being re-addressed as 50 N. Osceola Avenue
and authorize the appropriate officials to execute same, together with all other
instruments required to effect closing.
The former Harborview site, previously addressed as 320 Cleveland Street, and
being re-addressed as 50 N. Osceola Ave., is a vacant lot and contributes no
taxable value to the City. Nor does it provide housing,jobs or amenities for
Clearwater residents. The Imagine Clearwater plan, adopted by Clearwater
residents, identified this property as a potential site for redevelopment to
complement Coachman Park and stimulate downtown.
Pursuant to the Community Redevelopment Act, the City of Clearwater issued a
Call for Development Concepts (No. 28-22) for Downtown Clearwater
Waterfront Development Opportunities for the old City Hall Site and the
Harborview Site. In response, Gotham and DeNunzio presented a development
concept that proposed a purchase of the former Harborview site, for the
purpose of creating an approximately 158 key full-service hotel, retail,
restaurant, cultural and event space. Design and construction details will be
memorialized in a development agreement, which is being offered to the City
Council as a separate agenda item.
This item is the Purchase and Sale Agreement (PSA) for the former Harborview
site. The proposed purchase price is $9,300,000.00. This price represents the
full appraised value at the time the Call for Development Concepts was issued.
In addition, the PSA contemplates a Closing Date by December 31, 2024,
barring unusual circumstances. The PSA requires the buyer to obtain all
pre-development approvals, such as an approved site plan and building permit,
prior to closing.
The City Charter currently requires the City, prior to selling its real estate, to first
declare the property surplus and sell the property to the highest bidder.
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City of Clearwater
City Council Meeting Minutes August 4, 2022
Because this PSA involves a specific buyer and development partner, the PSA
requires an amendment to the City Charter before the PSA can be fulfilled. A
separate ordinance is being presented to the City Council which, if approved,
will ask voters to consider amending the City Charter to allow the PSA to be
fulfilled. The PSA will terminate if the ordinance is not approved by Council, or if
the proposed Charter amendment is rejected by voters during the November
2022 general election.
Councilmember Teixeira moved to approve the Contract for Sale
of Real Property by the City of Clearwater, Florida (Contract)
between the City of Clearwater, Gotham Property Acquisitions,
LLC (Gotham) and The DeNunzio Group, LLC (DeNunzio) for the
former Harborview site, which was located at 320 Cleveland
Street, and is being re-addressed as 50 N. Osceola Avenue and
authorize the appropriate officials to execute same, together with
all other instruments required to effect closing. The motion was
duly seconded and carried unanimously.
12. Closing comments by Councilmembers (limited to 3 minutes)
Councilmember Teixeira praised the Parks and Recreation staff that are
working with the summer camp kids. She thanked the CMA and sea turtle
crew who took her on a ride-along to see the important work they are
doing. She said she visited the Mole Patrol by Moffitt Cancer Center on
Clearwater beach who screened beach visitors and assisted them with follow
up information. She invited all to a wearable art fashion show on August 27,
2022.
Councilmember Bunker said comments made during Citizens to be Heard
directed at the Vice Mayor were uncalled for. He said the Vice Mayor is
passionate about the work and he admires her. He said the ULI report which
stated the City needs to work with Scientology and said David Miscavige
cannot be trusted.
Vice Mayor Beckman said she is happy the ARPA funds have been allocated
and will be exciting to see them applied. She is excited about the
referendum and bluff development and urged all citizens to review the
documents and ask questions.
Councilmember Allbritton said PS TA approved a Universal Pass program to
provide free rides for Pinellas County students and staff. He said there are
12 days until the FDOT awards the RAISE grant and this year will be the 13th
year Pinellas County has applied for the grant.
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City of Clearwater
City Council
13. Closing Comments by Mayor
14. Adjourn
Meeting Minutes August 4, 2022
Mayor Hibbard review recent and upcoming events.
The meeting adjourned at 7:49 p.m.
City of Clearwater
09A/1
ayor
City of Clearwater
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