02/02/2023 City Council Meeting Minutes February 2, 2023
City of Clearwater
Main Library- Council Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
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Meeting Minutes
Thursday, February 2, 2023
6:00 PM
Main Library - Council Chambers
City Council
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City of Clearwater
City Council Meeting Minutes February 2, 2023
Roll Call
Present: 5 - Mayor Frank Hibbard, Vice Mayor Kathleen Beckman,
Councilmember David Allbritton, Councilmember Mark Bunker and
Councilmember Lina Teixeira
Also Present: Jennifer Poirrier— Interim 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
The meeting was called to order at 6:00 p.m.
2. Invocation
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.)
4.1 Airpark Advisory Board Annual Report to Council
Chair Kelli O'Donnell provided a PowerPoint presentation.
In response to questions, Ms. O'Donnell said the Board envisions the
back porch of the Airpark remain accessible to the public and that the new
FBO considers an observation deck or restaurant and neighborhood
days to engage the community moving forward. Many of the individuals
do not feel welcomed if they are not pilots or tenants. The City Clerk said
there are four prospective applicants to fill the recent vacancy. The last
vacancy took long to fill because there were no applicants. Individuals
interested in serving on the board may apply at any time; there is no
need to wait for a vacancy. Staff contacts applicants who have submitted
an application beyond a year to confirm their continued interest.
5. Approval of Minutes
5.1 Approve the minutes of the January 12, 2023 City Council Meeting as submitted in written
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City Council Meeting Minutes February 2, 2023
summation by the City Clerk.
Councilmember Allbritton moved to approve the minutes of the
January 12, 2023 City Council Meeting as submitted in written
summation by the City Clerk. The motion was duly seconded and
carried unanimously.
5.2 Approve the minutes of the January 5, 2023 Special City Council Meeting as submitted in
written summation by the City Clerk.
Vice Mayor Beckman moved to approve the minutes of the January
5, 2023 Special 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
Kelly Kelly provided a PowerPoint presentation regarding the City's tree
canopy and the need to plant trees.
Nita Cole invited all to attend the Champa Bay Elimination Dinner on
March 4, 2023, which will benefit survivors of human trafficking.
Nick Fritsch supported Council's decision to fire the former city manager.
Amaro Lionheart honored Black History Month, remembering several
trailblazers and their legacies.
Glenna Wentworth, Renee Haroutunian, Kim Begay, Denise Buttacavoli,
Wayne Martin, Alicia Valdes and Trish Kirby opposed the City's tree
removal program.
It was stated that the City's tree program has been halted, staff will
re-examine the program.
Danielle Hall expressed concerns with noise and violation of the City's
short term rental ordinance occurring at an adjacent property(3277 Beaver
Drive) and requested city assistance to address the matter.
Mark Birenbaum opposed the proposed charter school at Nursery Road
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and expressed concerns with the lack of notice provided to impacted
residents.
Michael Jansma opposed the charter school at Nursery Road and the
City's tree removal program.
Michael Dalton opposed the proposed charter school at Nursery Road,
expressed concerns with the recorded plat, and stated that property should
only be used for church uses.
Jeanne Coleman expressed safety concerns for patients and volunteer
escorts at Bread and Roses Woman's Health Center.
Mr. Holuba supported the City provide a refund to all utility customers for
the period when the City picked up recyclables but failed to recycle.
It was stated that the recycling matter was not being discussed tonight as
staff is waiting for additional information from Pinellas County.
The Council recessed from 7:15 p.m. to 7:24 p.m.
7. Consent Agenda — Approved as submitted.
7.1 Approve a Joint Project Agreement (JPA) with Pinellas County for the Lakeview Road at
Keene Road Drainage and Intersection Improvements (20-0038-UT) in the amount of
$141,528.19 and authorize the appropriate officials to execute same. (consent)
7.2 Accept an Ingress / Egress and Utility Easement from Enchantment, LLC for installation,
repair, and maintenance on real property located at 691 South Gulfview Boulevard and
authorize the appropriate officials to execute same. (consent)
7.3 Approve an Interlocal Agreement providing control of illicit discharges into the stormwater
system within Pinellas County and authorize the appropriate officials to execute same.
(consent)
7.4 Accept a Gas Utility Easement from Tarpon Square Associates, for the construction,
installation, and maintenance of gas utility facilities on real property located at 40114 US
Highway 19 N, Tarpon Springs, FL 34689. (consent)
7.5 Approve the Master Services Agreement for Professional Consulting Services between
the City of Clearwater and Tetra Tech, Inc. for disaster recovery consulting services
pursuant to RFP 54-22, Disaster Recovery Consulting Services, and authorize the
appropriate officials to execute same. (consent)
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7.6 Approve a License Agreement between the Board of Trustees of St. Petersburg College
and the City of Clearwater providing for the use of Jack Russell Stadium for baseball and
Eddie C. Moore Softball complex for softball and authorize the appropriate officials to
execute same. (consent)
7.7 Authorize an increase to purchase order to Polydyne, Inc. of Riceboro, GA, for Polymer, in
the amount of$200,000.00, increasing the annual not-to-exceed amount from
$500,000.00 to $700,000.00 through the term of the contract, and authorize the
appropriate officials to execute same. (consent)
7.8 Authorize a purchase order to Fastenal Company, for citywide Facility MRO
(Maintenance, Repair, and Operations) Industrial and Building Supplies with related
Equipment, Accessories, Supplies and Vending Services, in an amount not to exceed
$919,500.00, for the period of February 3, 2023 through November 8, 2026, with the
option for two, one-year renewals at an annual not to exceed amount of$250,000.00, per
Clearwater Code of Ordinances Section 2.563(1)(c), Piggyback or Cooperative
Purchasing, and authorize the appropriate officials to execute same. (consent)
7.9 Move the February 13, 2023 CRA/Pension/Work Session meetings from 9:00 a.m. to
1:00 p.m. (consent)
7.10Schedule a special work session on Monday, March 20, 2023 at 8:00 a.m. for the
purpose of holding a Strategic Budget Session. (consent)
7.11 Schedule a special council meeting on Wednesday, September 6, 2023 at 6:00 p.m. for
the purpose of holding the first public hearing to establish the budget and millage rate.
(consent)
Councilmember Bunker moved to approve the Consent Agenda 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 request from the owner of property addressed 144 Devon Drive, Clearwater
to vacate the East 5-foot right-of-way easement, located on Lot 16, Bayside Subdivision
Clearwater Beach Island, according to the map or plat thereof as recorded in Plat Book
23, Pages 17, Public Records of Pinellas County, Florida, and pass Ordinance 9650-23
on first reading.
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The property owner at 144 Devon Drive, Clearwater, has requested that the City
vacate the 5-foot right-of-way easement along the east property line.
The purpose of this vacation is to allow for swimming pool equipment and
driveway upgrades to be installed in this area.
There are no city or private utilities within this easement. Staff has reviewed this
vacation and has no objection.
Ordinance 9650-23 was presented and read by title only.
Councilmember Teixeira moved to approve the request from the
owner of property addressed 144 Devon Drive, Clearwater to vacate
the East 5-foot right-of-way easement, located on Lot 16, Bayside
Subdivision Clearwater Beach Island, according to the map or plat
thereof as recorded in Plat Book 23, Pages 17, Public Records of
Pinellas County, Florida, and pass Ordinance 9650-23 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
8.2 Approve the request from the owner of property addressed 1000 Eldorado Avenue,
Clearwater to vacate the platted 5-foot public utility easement, located on Lot 6 and the
north 30 feet of Lot 5, Block 69, Mandalay, according to the map or plat thereof as
recorded in Plat Book 14, Pages 32-35, Public Records of Pinellas County, Florida, and
pass Ordinance 9651-23 on first reading.
The property owner at 1000 Eldorado Avenue, Clearwater, has requested that
the City vacate the platted 5-foot public utility easement along the rear property
line.
The purpose of this vacation is to allow for installation of fencing.
There are no city or private utilities within this easement. Staff has reviewed this
vacation and have no objection.
Ordinance 9651-23 was presented and read by title only.
Councilmember Allbritton moved to approve the request from the
owner of property addressed 1000 Eldorado Avenue, Clearwater to
vacate the platted 5-foot public utility easement, located on Lot 6
and the north 30 feet of Lot 5, Block 69, Mandalay, according to the
map or plat thereof as recorded in Plat Book 14, Pages 32-35, Public
Records of Pinellas County, Florida, and pass Ordinance 9651-23
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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 Approve the request from the owner of property addressed 1185 Court St., Clearwater to
vacate the platted 30-foot public Ingress / Egress easement, located over the west 30
feet of Lot 1, Block A, and the north 30 feet of lot 5, Earl Scheib - Commercial Center,
according to the map or plat thereof as recorded in Plat Book 74, Page 22, Public
Records of Pinellas County, Florida, and pass Ordinance 9652-23 on first reading.
The property owner at 1185 Court St., Clearwater, has requested that the City
vacate the platted 30-foot public Ingress/Egress easement over the west 30 feet
of lot 1 Block A.
The purpose of this vacation is to allow landscaping improvements on the entire
site. The parcel to the south for which the original Ingress/Egress was needed,
is now owned by the same owner of the larger adjacent parcel to the east. The
Ingress/Egress easement is no longer needed.
There are no city or private utilities within this easement. City staff have
reviewed this vacation and have no objection.
Ordinance 9652-23 was presented and read by title only.
Vice Mayor Beckman moved to approve the request from the owner
of property addressed 1185 Court St., Clearwater to vacate the
platted 30-foot public Ingress / Egress easement, located over the
west 30 feet of Lot 1, Block A, and the north 30 feet of lot 5, Earl
Scheib - Commercial Center, according to the map or plat thereof as
recorded in Plat Book 74, Page 22, Public Records of Pinellas
County, Florida, and pass Ordinance 9652-23 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
8.4 Provide direction on the proposed third amendment to an existing Development
Agreement between Triprop Clearwater, LLC (as assigned by Alanik Properties; Anco
Holdings, LLC; Nikana Holdings, LLC) and the City of Clearwater for property located at
400 Coronado Drive, formerly addressed as 421 and 431 South Gulfview Boulevard,
which adds Exhibit A-2 to provide an updated legal description to include 0.1837 acres
of the adjacent proposed to be vacated South Gulfview Boulevard right-of-way to the
subject site and replaces Exhibit B with Exhibit B-2 to provide new conceptual site plans,
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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 February 16,
2023 at 6:00 p.m., or as soon thereafter as may be heard. (HDA2014-06004B)
Site Location and Existing Conditions:
The 2.5997-acre site is bound by South Gulfview Boulevard (west), Coronado
Drive (east), and Fifth Street (north). The subject property is comprised of one
parcel with a frontage of approximately 540 feet along South GUIfView
Boulevard, 450 feet along Coronado Drive and 213 feet of frontage along Fifth
Street. The site is currently under construction with the hotel approved as part
of case numbers HDA2014-06004 (as amended) and FLD2015-09036 (as
amended). The subject property is zoned Tourist (T) District with an underlying
Future Land Use designation of Resort Facilities High (RFH). The subject
property is also located within the Beach Walk District of Beach by Design.
The prior improvements have been demolished through the active construction
of the approved hotel. The surrounding area is characterized by a variety of
uses including overnight accommodation, retail, outdoor recreation and
entertainment, restaurant and attached dwelling uses with heights ranging from
one to 15 stories. The immediate area is characterized by low to high-rise
hotels. A five-story attached dwelling is located at the northeast corner of
Bayside Drive and Hamden Drive. Detached dwellings are located farther along
the length of Bayside Drive. The properties located along Hamden Drive are
developed with attached dwellings and overnight accommodation uses. The
City's Beach Walk project, adjacent to the west, has transformed South
Gulfview Boulevard to the north and south 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 as envisioned in Beach by Design.
Site History:
Multiple applications have been approved for the property going back to 2005,
including site plans and hotel development agreements that have been
amended several times. Currently, the property is governed by
HDA2014-06004A and FLD2015-09036A which authorizes a 248-unit hotel
which results in a density of 103 units per acre. It includes 298 parking spaces
and a pedestrian overpass bridge connecting to the Opal Sands resort to the
west across South Gulfview Boulevard. The site is currently under
construction.
Development Proposal:
The current proposal, attached to the resolution as Exhibit 4, includes the
construction of a 248-unit hotel including the incorporation 100 units allocated
from the Hotel Density Reserve through Beach by Design as currently approved
through HDA2014-06004 and amended by HDA2015-06001 and
HDA2014-06004A. The primary change to the proposal is the addition of 0.1837
acres of the adjacent South Gulfview Boulevard right-of-way bringing the total
site area to 2.5997 acres. No additional units are proposed therefore the
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density will decrease from 103 units per acre to 96 units per acre. The current
request includes a new conceptual site plan which reflects the added property,
changes to the building footprint to occupy the additional property, conceptual
utility and infrastructure reconstruction, and appropriate changes to the
Development Agreement. No other changes are proposed.
The building continues to be proposed at 150 feet in height as measured from
the point at which minimum floor elevations have been established by law with
structured parking on the first floor of the hotel building. A ten-floor parking
garage component will be attached to the hotel building (as provided in the prior
approved conceptual plans), primarily on the south side of the site. The parking
spaces on the tenth floor of the parking garage are uncovered and open to the
public. The proposal includes a tropical modern architecture, which is
consistent with and complements the tropical vernacular envisioned in Beach
by Design. Please note that while the floor plans appear to list 16 floors, there
are only 15 as the hotel will not have a I3th" floor.
The site will be accessed via a total of seven driveways. Four driveways along
Coronado Drive provide access to the parking component of the project with a
one-way driveway system (ingress-only/egress-only) and a pair of driveways
located at the southeast corner of the building which provide a single ingress
point and two egress points (northbound only and southbound only). A two-way
driveway along South Gulfview Boulevard at the southwest corner of the site
and a second egress-only driveway centrally located along the north side of the
along Fifth Street round out the six driveways providing access for guests of the
hotel. The seventh driveway is located along Fifth Street at the northeast corner
of the site and is a dedicated service driveway provided access to a loading
zone and solid waste component both under the building.
The primary entrance and lobby of the building will be located along South
Gulfview Boulevard on the second floor. Much of the ground floor of the hotel
along Gulfview Boulevard and Beach Walk will consist of storefronts (a
proposed mix of retail and restaurant although the exact tenants have not yet
been secured) directly connected to Beach Walk in the area of the proposed to
be vacated South Gulfview Boulevard right-of-way.
The proposal continues to include a pedestrian overpass over South Gulfview
Boulevard. The proposed pedestrian bridge will be located at the southwest
quadrant of the site and will stretch from the second floor along the west fagade
of the building across South Gulfview Boulevard to connect to the second floor
of 430 South Gulfview Boulevard (The Opal Sands Resort).
The changes to the Development Agreement are listed below; however, the
conceptual site plan have been updated to reflect the addition of the
0.1837-acres of South Gulfview Boulevard right-of-way.
Development Agreement
• Section 3 updates the legal description in Exhibit "A-2" to include the
vacated right-of-way
• Section 4.3. updates conceptual plan in Exhibit "B-2" and is consistent
with Beach by Design
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• Section 4.4: Decreases the proposed density of units from 103 units per
acre to 96 units per acre
• Section 6.1.3.1. references "B-2" as the conceptual site plan.
• Section 6.1.11 is added to address right-of-way utilities relocation.
• Section 6.1.3.3 is amended to reflect the new legal description in the
hurricane evacuation plan
• Section 6.1.4 is amended to reflect the area of the vacated right-of-way.
• Section 8 updates the date by which the development agreement will
expire.
Exhibit A-2
• Exhibit A-2 is added to provide the legal description for the additional
property at the southwest quadrant of the site.
Exhibit B-2
• Exhibit B-2 replaces Exhibit B and provides updated conceptual site
plans, architectural drawings, elevations, perspectives, floor plans and
utility relocation plans
Exhibits C and D
While existing Exhibits C and D are not technically part of this amendment, the
amendment requires these covenants to be updated to reflect the new legal
description and updated signature blocks. These updated Exhibits have been
included in the materials for this agenda item.
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 Accommodation use is 20,000 square feet and between 100 and 150
feet, respectively. The subject property is 113,242 square feet in area and
approximately 540 feet wide. The site is consistent with these Code provisions.
Minimum Setbacks:
The conceptual site plan depicts setbacks of zero feet along the front (west)
along South Gulfview Boulevard/Beach Walk, 15 feet along the front (north and
east) along Fifth Street and Coronado Drive, respectively, side (south) setbacks
of a minimum of five feet. The proposed setbacks may be approved as part of
a Level Two (FLD) application, subject to meeting the applicable flexibility
criteria of the Community Development Code.
Maximum Height:
Section B of the Design Guidelines within Beach by Design specifically
addresses height. The proposal provides for a building 150 feet in height as
measured from BFE where a height of up to 150 feet is permitted as prescribed
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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 as pertaining to buildings which exceed 100 feet in height.
The proposal provides for a building which exceeds 100 feet in height. The
applicant has previously demonstrated that portions of any structures which
exceed 100 feet in height are spaced at least 100 feet apart) and that there are
no more than four structures which exceed 100 feet within 800 feet (Sheet
A-0.25) thereby fulfilling the height requirements of Option 2 of Beach by Design
section VI1.B.2.
The height of the proposed building is consistent with the guidelines of Beach by
Design.
Minimum Off-Street Parkinq:
The 248-room overnight accommodation use requires a minimum of 298
off-street parking spaces. A parking garage located on the ground level of the
hotel building and within a ten-floor parking garage component attached to the
south side of the hotel will provide a minimum of 298 spaces. No changes are
proposed to the proposal which includes up to a maximum of 528 parking
spaces (a mix of valet and self-parking spaces to be finalized through the FLD
approval process) where 298 spaces are required which provides 230 parking
spaces above that as otherwise required. The applicant has provided, as
previously approved, that any spaces in excess of the minimum required will be
available for use to the public. This is consistent with the applicable Sections of
the CDC.
Landscapinq:
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. It is expected that minimal changes will be made to the
landscape plan approved as part of an amended Flexible Development
application submittal. The proposal also includes improvements and reworking
the landscaping in the public right-of-way including Beach Walk. This is
generally shown in Exhibit B-2 and will be detailed as part of a resubmitted
Flexible Development application submittal.
Consistency with Beach by Design:
Design Guidelines:
No significant changes to the building approved as part of FLD2015-09036A and
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HDA2014-06004A are proposed. 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 conducted as part of the final site plan
approval process. Staff has noted that there are instances where the tower
component of the project exceeds 100 linear feet without an offset of greater
than five feet contrary to Section C.2 of the Beach by Design Design Guidelines.
Two instances occur on the east fagade facing Coronado Drive with one on the
ground floor and one on the tower component. One other instance occurs
along the west fagade of the tower. The Design Guidelines provide that they are
intended to be administered in a flexible manner to achieve the high-quality built
environment for the beach. Staff believes that the design solution is acceptable
because the portions of the building which directly relate to the pedestrian
realms surrounding the site include an extensive use of windows, doors and
landscaping providing a great deal of articulation and/or visual interest, that the
tower incorporates a curve which, over its entirety, constitutes a deviation of at
least five feet and finally, that the tower will be mostly viewed and appreciated
from a greater distance than the base where the longer building planes
associated with the tower are proportionally appropriate.
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 comply 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. Beach by
Design Hotel Density Reserve provides that a maximum of 100 hotel rooms
may be allocated to a resort located on less than 2.5 acres. The addition of the
vacated right-of-way will increase the project acreage above this threshold;
however, the rooms were allocated from the Hotel Density Reserve initially
when the Property was less than 2.5 acres. The subsequent amendments to
the Agreement reduce the effective density without impacting the initial grant of
density compliance. The proposed vacation of the right-of-way is specifically
contemplated in Beach by Design to allow for coordinated design with Beach
Walk as comparted to the existing stub roadway. Staff considers this generally
consistent with the intent of Beach by Design.
Standards for Development Agreements:
The proposal is compliant with the standards for development agreements, is
consistent with the Comprehensive Plan and furthers the vision of beach
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redevelopment set forth in Beach by Design. The proposed third 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 HDA2014-
06004/Resolution No. 14-29 and amended by HDA2015-
06001/Resolution No. 15-19 and HDA2014-06004A/Resolution 19-23);
• Adds Exhibit A-2 to provide an updated legal description for the inclusion
of the vacated right-of-way;
• Revises Exhibit B-2 which includes new conceptual site plans,
architectural drawings, elevations, perspectives, floor plans and utility
relocation plans and renames that exhibit to "Exhibit B-2";
• Exhibits C and D, while not part of the amendment, have been included
to reflect the updated legal description and signature lines;
• 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;
• For units allocated from the Hotel Density Reserve, prohibits the
conversion of any hotel unit to a residential use and requires the
recording of a covenant restricting use of such hotel units to overnight
accommodation 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 4-606.1., 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.
Councilmember Bunker moved to confirm a second public hearing
in City Council Chambers before City Council on February 16, 2023
at 6:00 p.m., or as soon thereafter as may be heard. The motion was
duly seconded and carried unanimously.
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9. Second Readings - Public Hearing
9.1 Adopt Ordinance 9642-23 on second reading, establishing a Redevelopment Trust Fund
to provide for the deposit of funds into the trust fund for the North Greenwood Community
Redevelopment Area, establishing the base year for the Community Redevelopment
Area, providing for the appropriation of tax increment revenues of the city and the county
to the Redevelopment Trust Fund, providing for the use of such funds by the Community
Redevelopment Agency, and providing for the duration of the tax increment financing.
One individual submitted an eComment in support (see page 23).
Ordinance 9642-23 was presented and read by title only.
Councilmember Teixeira moved to adopt Ordinance 9642-23 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 9644-23 on second reading, amending Appendix A, Schedule of Fees,
Article XXVIII of the Code of Ordinances relating to Business Tax Receipt categories.
Ordinance 9644-23 was presented and read by title only.
Councilmember Allbritton moved to adopt Ordinance 9644-23 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. City Manager Reports
10.1Approve entering into Phase II and a first amendment of the Professional Services
Agreement with The Superlative Group, Inc., of Cleveland, OH, for sponsorship sales
services for the Imagine Clearwater Project; increase Purchase Order 22000925 from
$69,000 to $159,000 for those services and authorize the appropriate officials to execute
same.
On March 3, 2022, Council approved the issuance of a purchase order to The
Superlative Group, Inc., pursuant to RFP 50-21, Asset Inventory, Valuation and
Naming Rights Services for Phase I of professional services to identify
sponsorship opportunities following completion of the Imagine Clearwater
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Project.
The Superlative Group (Superlative) has completed Phase I of the project and
has identified sponsorship opportunities of assets located at Coachman Park,
as well as surrounding amenities comparable to entertainment venues
nationwide.
In Phase 11 of the Professional Services Agreement, Superlative will develop a
strategic sales campaign for the sponsorship and naming rights of approved
assets for potential sale to national and regional corporate partners located at
and within Coachman Park. City staff will be engaged with Superlative's
marketing efforts throughout Phase 11, to ensure such activities are targeted in
categories which align with both the City's interests and the venue operator of
the amphitheater.
Staff is also recommending a first amendment to the original professional
services agreement, which provides for a modified commission structure on
sponsor sales and clarification on sponsorship income and assets.
Superlative will be paid a retainer of$7,500.00 per month, as well as receive a
15% commission of total sponsorship income for sale opportunities identified by
Superlative, and 7.5% commission for sale opportunities identified by the city,
not to exceed three sponsors unless mutually agreed upon by the parties.
Sponsorship income is clarified to include only renewal or extension options that
are in fact included within the original Sponsorship Agreements or modification
thereof.
Assets defined in the Agreement shall include all mutually agreed upon
marketable opportunities associated with the City's marketable assets including
without limitation, Coachman Park.
APPROPRIATION CODE AND AMOUNT:
Funds are available in General Fund Non-Departmental cost code
0107010-530100, Professional Services, to fund the cost of this contract.
USE OF RESERVE FUNDS:
N/A
In response to questions, Superlative CEO Myles Gallagher said the
group typically gets within 10 to 15 points of the original projection.
The retainer fee is for the first 12 months to cover some of the overhead
costs. Some commissions will be paid on the term naming rights
contract, some companies may offer up-front payment but that does not
happen often. Naming rights will pay for the maintenance of the park. He
said the group will provide city staff names of individuals who could not
afford naming rights for Coachman Park amenities but interested in
donating for other areas that align with Parks & Recreation. He said
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City Council Meeting Minutes February 2, 2023
if the park amenity or facility is controlled by the City, Superlative will
seek sponsorships, if it is controlled by the operator, Superlative will not
seek sponsorships. Venue General Division Manager Kris Koch said staff will
see any collateral presented to sponsors to ensure it is accurate. Mr.
Gallagher said the newness of the entertainment venue is a huge variable,-
waiting
ariable,waiting until the facility is established will hurt the sales process.
One individual expressed concerns with the commission structure.
Discussion ensued with a concern expressed with locking in the City for
Phase 2 when the RFP was issued for Phase 1. It was stated that
Superlative has been working with the City since the beginning and that
pursuing another RFP would delay the asset naming process and
revenue.
Vice Mayor Beckman moved to approve entering into Phase II and a
first amendment of the Professional Services Agreement with The
Superlative Group, Inc., of Cleveland, OH, for sponsorship sales
services for the Imagine Clearwater Project; increase Purchase
Order 22000925 from $69,000 to $159,000 for those services and
authorize the appropriate officials to execute same. 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
10.2Approve Supplemental Work Order 1 to Hazen and Sawyer, of Tampa, Florida for the
Marshall Street and Northeast Water Reclamation Facility Digester Covers Evaluation
and Repairs Project (21-0022-UT) in the amount of$111,220.00, increasing the work
order from $180,000.00 to $291,220.00, and authorize the appropriate officials to
execute same.
The City utilizes anaerobic digesters at its Northeast (NE) and Marshall Street
(MS) Water Reclamation Facilities (WRF's) that convert organic matter into
stabilized biosolids and methane (or biogas). The digesters at MS and NE WRF
were releasing small amounts of methane into the atmosphere through
suspected leaks in their floating covers. The methane produced by the digester
is flammable and when mixed with air, can create explosive conditions.
November 2021, the City Manager approved emergency procurement for
engineering and construction services to remediate the issues due to the
potential threat to the WRF's and public safety.
January 2022, City Council approved (via ratify and confirm) a purchase order to
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City Council Meeting Minutes February 2, 2023
Hazen and Sawyer to design the repairs in the amount of$180,000.00. The
agenda item noted plans to hire Rowland, Inc., of Pinellas Park, to construct the
repairs; however, Engineering would return to Council later for approval once
the construction estimate was complete.
September 2022, City Council approved (via ratify and confirm) a purchase
order to Rowland, in the amount of$1,909,650.00 to construct the repairs.
The digester repair work is now complete, and the city is placing the digester
back into operation. This Supplemental Work Order includes assisting the city
in seeding the digester, monitoring, reporting, and preparing a final report. The
work is anticipated to last up to 4 additional months.
The NE digester has been stabilized by installing a flame arrestor and will be
repaired separately in a future project.
APPROPRIATION CODE AND AMOUNT:
3277327-546900-96664
Funds are available in capital improvement project 327-96664, Water Pollution
Control R&R, to fund this contract.
One individual questioned if the leaked methane caused any damage
to the environment or surrounding area.
Engineering Manager Jeremy Brown said since methane is flammable, staff
was able to address the methane leak as quickly as possible through an
emergency declaration. The sludge was emptied from the digester. He said
there was no harm to the community.
Councilmember Bunker moved to approve Supplemental Work
Order 1 to Hazen and Sawyer, of Tampa, Florida for the Marshall
Street and Northeast Water Reclamation Facility Digester Covers
Evaluation and Repairs Project (21-0022-UT) in the amount of
$111,220.00, increasing the work order from $180,000.00 to
$291,220.00, and authorize the appropriate officials to execute
same. The motion was duly seconded and carried unanimously.
10.3Appoint an individual to the Pinellas Opportunity Council, Inc., as the Clearwater
representative, with a term to expire February 2, 2028.
BOARD: Pinellas Opportunity Council, Inc. (Regional Board)
TERM: 5 years
FINANCIAL DISCLOSURE: Not Required
RESIDENCY REQUIREMENT: Required
SPECIAL QUALIFICATIONS: Clearwater has an at-large member who serves
on the Board of Directors. Members do not have to meet specific qualification
requirements. However, individuals appointed to serve on the board are
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City Council Meeting Minutes February 2, 2023
expected to be adults interested in or having some familiarity with education,
welfare, health, housing, or other related needs and services in Pinellas County
and a keen awareness of and sensitivity to supporting poverty programs and
initiatives aimed at helping low-income people become self-sufficient. The
Clearwater City Council identifies the Clearwater representative, and the
Pinellas County Board of Commissioners confirms the appointment.
CHAIR: N/A
MEETING DATES: Meets bi-monthly on the last Tuesday of the month at 4:00
PM
PLACE: Park Sation, 5851 Park Boulevard N, Pinellas Park
APPTS. NEEDED: 1
THE FOLLOWING APPLICANT IS LOOKING TO BE APPOINTED TO THE
PINELLAS OPPORUTNITY COUNCIL, INC. (REGIONAL BOARD):
1. Janel Griffeth Donatto - Nonprofit Leader, 1010 Spencer Ave.,
Clearwater, 33756
2. Kym McGee - Retired Junior Achievement Education Director, 1830
Diane Dr., Clearwater, 33759
3. Eliseo Santana - Technologist, 1400 Byram Dr., Clearwater, 33755
Councilmember Teixeira moved to appoint Kym McGee to the
Pinellas Opportunity Council, Inc., as the Clearwater representative,
with a term to expire February 2, 2028. The motion was duly
seconded and carried unanimously.
10.4Reappoint Andrew Park to the Community Development Advisory Board with a full term
to expire February 28, 2027.
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: 1
SPECIAL QUALIFICATIONS: Board shall include members qualified and
experienced in the fields of architecture, planning, landscape architecture,
engineering, construction, planning & land use law and real estate.
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THE FOLLOWING ADVISORY BOARD MEMBER HAS A TERM WHICH IS
EXPIRING AND IS LOOKING FOR REAPPOINTMENT:
1. Andrew Park - 3139 Hyde Park Dr., Clearwater 33761 - Construction &
Real Estate
Original Appt: 3/4/21
(currently serving a partial term to expire 2/28/23)
Absences: May 17, 2022
Interested in Reappointment: Yes
Zip Codes of current members:
33755
33756
33761
33764
33767
Current categories:
General Contractor
Professional Engineer
Engineer
Alt Member Consultant - commercial real estate
Attorney/Mediator/Arbitrator
Construction and Real Estate
Real Estate Broker/Developer
Corporate General Counsel
Councilmember Allbritton moved to reappoint Andrew Park to the
Community Development Advisory Board with a full term to expire
February 28, 2027. The motion was duly seconded and carried
unanimously.
10.5Approve the 2023 State Legislative Priorities.
Discussion ensued with council consensus to add supporting the
Clearwater Ferry's budget request and beach renourishment for
coastal areas.
Vice Mayor Beckman moved to approve the 2023 State Legislative
Priorities, as amended. The motion was duly seconded and carried
unanimously.
10.6Provide direction to and appoint the Clearwater Charter Review Committee.
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City Council Meeting Minutes February 2, 2023
THE FOLLOWING INDIVIDUALS HAVE SUBMITTED APPPLICATIONS TO
SERVE ON THE CHARTER REVIEW COMMITTEE:
1. Ingrid Anderson - 3310 San Mateo Street, Clearwater, 33759
2. Gladys Andrews - 1501 Gulf Blvd. #302, Clearwater, 33767
3. Cory Chase - 1457 Dexter Drive, Clearwater, 33756
4. Ryan Cotton - 2389 Wind Gap Place, Clearwater, 33765
5. Karen Cunningham - 3178 Eagles Landing Circle W., Clearwater, 33761
6. Chelsea Gird - 407 Pennsylvania Ave., Clearwater, 33755
7. Nathan Hightower - 331 Cleveland St. Unit 1003, Clearwater, 33755
8. William (Bill) Jonson - 2694 Redford Court W., Clearwater, 33761
9. Christine (Chris) Michalek - 855 Bayway Blvd. #707, Clearwater, 33767
10. Kathy Milam - 1828 Venetian Point Dr, Clearwater, FL, 33755
11. Michael Riordon - 1429 Maple Street, Clearwater, 33755
12. Patricia Rodriguez - 240 Windward Passage #1304, Clearwater, 33767
13. Jonathan Wade - 1312 N Madison Ave., Clearwater, FL 33755
For historical purposes, on January 17, 2019, Council provided the following
direction to the 2019 Charter Review Committee:
• Consider increasing the frequency that the city charter is reviewed to 10
years.
• Consider instituting district elections.
There was council consensus that the Committee not discuss the form of
government.
Discussion ensued regarding areas the Committee could review, such
as, districting, council attendance, council salaries, and annual
measurable goals for the city manager and city attorney. There was no
council consensus to provide the Committee direction.
There was council consensus to appoint Ryan Cotton, Kathy Milam,
Gladys Andrews, Bill Jonson, Michael Riordon, Nathan Hightower, Karen
Cunningham, Cory Chase, Patricia Rodriguez, Rev. Jonathan Wade,
and Travis Norton.
11. City Attorney Reports — None.
12. Closing comments by Councilmembers (limited to 3 minutes)
Councilmember Teixeira said Allan Stowell was a wonderful man who
was engaged and civic minded and he will be missed.
Councilmember Bunker apologized for missing Monday's Work Session
and said he appreciated the tree removal presentation. He said he
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City Council
Meeting Minutes
understands the passion and concern of the community.
Vice Mayor Beckman thanked those who showed up to speak at the
meeting.
February 2, 2023
Councilmember Allbritton said Allan Stowell was a good-hearted man
who gave back to his community. He was glad Mr. Bunker was better and
able to attend tonight's meeting and that he was missed on Monday. He
thanked those who came to speak at the meeting tonight and said
Council understands the passion and concerns.
13. Closing Comments by Mayor
The Mayor said when the city makes a mistake, the city tries to rectify it.
He recognized Parks and Recreation Director Jim Halios who is leaving
the city and wished him the best. He sent prayers to the families of Allan
Stowell and Wyndham Grand General Manager David Yamada on their
passing. He congratulated the Clearwater Free Clinic and Ruth Eckerd
Hall on their recent successful events. He commended Interim City
Manager Jennifer Poirrier on doing a great job with staff and all the
issues that have been thrown in her lap.
14. Adjourn
The meeting adjoumed at 9:03 p.m.
A.42,d /c/-1/0--0/
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Attest City of Clearwater
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City Clerk
City of Clearwater
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