02/16/2023 City Council Meeting Minutes February 16, 2023
City of Clearwater
Main Library- Council Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
Meeting Minutes
Thursday, February 16, 2023
6:00 PM
Main Library - Council Chambers
City Council
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City of Clearwater
City Council Meeting Minutes February 16, 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 February Service Awards
One service award was presented to a city employee.
The February Employee of the Month was presented to Arnold Santillan,
Parking Enforcement.
4.2 Newspaper in Education Week March 6 -10, 2023 Proclamation
4.3 Visit St. Pete Presentation - Steve Hayes, President/CEO
Mr. Hayes provided a PowerPoint presentation and video regarding Visit
St. Pete/Clearwater marketing efforts and accomplishments.
In response to questions, Mr. Hayes said businesses have raised wages
to help employees and that the organization does not have staff assigned
to monitor the wages offered in the tourism industry. It was said the
organization has $78 million in the capital fund and Mr. Hayes said there
is an unofficial amount that is to be kept in the fund. He said he did not
know if the Imagine Clearwater amphitheater would qualify for TDC
funding. Comment was made that any request needed to have a "heads
in bed"impact. Mr. Hayes said a funding application will go through an
analysis to determine the number of people the project will generate then
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the information is broken out to determine how many people are visitors
and how many are local. Determining the purpose of a room night is an
important factor, for instance, if the Philadelphia Phillies request funds
and someone plans a trip for the purpose of attending spring training
games, their visit will rank different than someone who is visiting for the
purpose of going to the beach, then decide to go to a spring training
game while they are in town. The anticipated direct spend of the visitors,
the types of jobs created, and the uniqueness of the project are also
considered in the funding requests. The projects must meet criteria in
the Tourist Development Plan as well as state statutes. He said the
assets and value of the entities requesting funds is noted. Mr. Hayes said a
set amount of money is set aside annually for beach re-nourishment and the
amount was increased this year and will possibly be increased next year.
5. Approval of Minutes
5.1 Approve the minutes of the February 2, 2023 City Council Meeting Minutes as submitted
in written summation by the City Clerk.
Councilmember Allbritton moved to approve the minutes of the
February 2, 2023 City Council Meeting Minutes 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
Marita Lynch, Yordanos Molla, and Emma Shock said the demonstrators
at Bread and Roses Woman's Health Center are harassing the patients
and volunteers and expressed concerns that demonstrations are
escalating.
Councilmember Bunker departed chambers at 6:45 p.m. and returned at
6:48 p.m.
Elizabeth Ferguson expressed concern that the homeless are being
mistreated when seeking shelter and described an incident she
experienced at The Refuge of Clearwater.
Councilmember Bunker departed chambers 6:58 p.m. and returned at
7:00 p.m.
Todd Henkel requested additional paddleboard launches.
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Fernando Gutierrez said individuals protesting at Bread and Roses were
exercising their right and suggested the city pursue a noise abatement
ordinance.
Hoyt Hamilton opposed the new traffic pattern for the roundabout at
Clearwater beach.
Jared Leone requested the city install additional kayak launches
throughout the city.
Mr. Holuba expressed concerns with the state of the recycling program.
Stephanie Sembler expressed concern for the safety of patients and
volunteers at Bread and Roses Woman's Health Center.
Mike Riordon expressed concerns with the $1.2 million spent on the
sound system for the entertainment venue at Coachman Park and the
ARPA funds appropriated to the Chamber for the business incubator.
Patrick Raftery said he looked forward to staffs thorough investigation on the
recycling program and suggested it may be time to restrict the items to be
recycled. He expressed concerns with the cost associated with providing
recycling customers a credit.
Lisa Lanza said she disposes her unwanted electronics to eCycle
Florida, an electronic recycling company and supported Council continue
allowing eComments.
Dick Maxwell opposed the regulation of protesters at Bread and Roses
Woman's Health Center.
The Council recessed from 7:27 p.m. to 7:34 p.m.
Rowan Walker expressed safety concerns at the Bread and Roses
Woman's Health Center, described an incident she personally
experienced, and expressed concerns that the City's reputation of being
safe and welcoming was being tarnished.
7. Consent Agenda — approved as submitted less Item 7.2
7.1 Authorize purchase orders to 22ndCentury Technologies, Inc. (TSCTI) of McLean, VA and
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COGENT Infotech Corporation of Pittsburgh, PA for citywide staffing services in the
cumulative not-to-exceed amount of$2,000,000.00 for the initial term of February 16,
2023 through February 15, 2024, pursuant to Request for Proposals 31-22, Citywide
Staffing Services, and authorize the appropriate officials to execute same. (consent)
7.2 Approve First Amendment to Contract for Exchange of Real Property between Barnell
Evans and Sandra Evans, Owners and the City of Clearwater, and authorize the
appropriate officials to execute same, together with all other instruments necessary to
affect closing. (consent)
See Below
7.3 Approve a Contract for Purchase of Real Property by the City of Clearwater (City), for
certain real property located at 697 Oberlin Drive, Clearwater owned by Louis Chaconas
and Nicole Chaconas, husband and wife, with a purchase price of$50,000 and total
expenditures not to exceed $55,000, and authorize the appropriate officials to execute
same, together with all other instruments required to affect closing. (consent)
7.4 Approve a Service Agreement with ParkMobile, LLC. of Atlanta, GA, for pay by cell
phone technology, in an amount not to exceed $500,000, pursuant to Clearwater Code of
Ordinances Section 2.563(1)(c), Piggyback, and authorize the appropriate officials to
execute same (consent).
7.5 Approve purchase orders with SHI International Corp. of Somerset, NJ, CDW
Government LLC (CDW-G) of Vernon Hills, IL, and Carahsoft Technology Corp. of
Reston, VA in a total amount not to exceed $1,850,000 for cyber security related software
and hardware, including network security devices, network management software
licensing, software maintenance, and network monitoring, and authorize the appropriate
officials to execute same. (consent)
7.6 Approve a purchase order with SHI International Corp. of Somerset, NJ, for software,
telephony and security licensing, software licensing, software maintenance and storage
for a five-year term beginning March 1, 2023 through February 28, 2028, in the not to
exceed amount of$4,875,000 and authorize the appropriate officials to execute same.
(consent)
7.7 Approve Vehicle Use Agreement between the School Board of Pinellas County, Florida
and the City of Clearwater through August 23, 2023 for the City to utilize Pinellas County
School buses, at a cost of$1.75 per mile plus $34.50 per hour, for a total estimated cost
of$30,000 and appropriate the officials be authorized to execute same. (consent)
7.8 Authorize an increase on purchase order to Odyssey Manufacturing Co. of Tampa, FL, for
the continuous supply of Sodium Hydroxide and Sodium Bisulfite Aqueous Solution, in the
amount of$70,000.00 for the initial term ending March 20, 2023, bringing the total
amount to $470,000.00, and increase year 2 by $140,000.00 modifying the annual
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amount from $400,000.00 to $540,000.00, and authorize the appropriate officials to
execute same. (consent)
7.9 Declare list of vehicles and equipment surplus and authorize disposal through auction
pursuant to Clearwater Code Section 2.623(6) and (8) and authorize the appropriate
officials to execute the same. (consent)
7.10Authorize an increase on purchase order to WM Recycle America, LLC (WM/RA) and
issuance of a purchase order to Waste Connections of Florida, Inc., for the processing of
municipal single stream recycling commodity at the contractors' Materials Recovery
Facilities in a cumulative not to exceed amount of$300,000, bringing the total amount to
$400,000 pursuant to Clearwater Code of Ordinances, Section 2.563(1)(d),
non-competitive purchase (Impractical), and authorize the appropriate officials to execute
same. (consent)
7.11Approve a funding agreement between the City of Clearwater and the Pinellas Suncoast
Transit Authority (PSTA) to provide enhanced Jolley Trolley service during Spring Break
period of March 1, 2023 through April 30, 2023, with the City contributing a lump sum not
to exceed $100,879, and authorize the appropriate officials to execute same. (consent)
7.12Approve an Amendment to the Legal Services Agreement between the City and
Gray Robinson, P.A. for the legal representation in the matter of Nathaniel Brooks v. City
of Clearwater and Joseph Roseto, Civil Action No. 8:21-CV-02967-SDM-TGW, and
authorize the appropriate officials to execute same. (consent)
Vice Mayor Beckman moved to approve the Consent Agenda as
submitted, less Item 7.2, and authorize the appropriate officials to
execute same. The motion was duly seconded and carried
unanimously.
7.2Approve First Amendment to Contract for Exchange of Real Property between Barnell
Evans and Sandra Evans, Owners and the City of Clearwater, and authorize the
appropriate officials to execute same, together with all other instruments necessary to
affect closing. (consent)
City-owned 918 Palmetto Street Property is 5,200 square feet (SF) of
unimproved land, zoned Medium Density Residential, that was acquired by
Certificate of Title from Pinellas County Clerk of Court as a result of foreclosure
on December 30, 1997, for$0.00. It is currently being leased by Hope Academy
and being used as a playground for their daycare located at 920 Palmetto Street
owned by Barnell Evans and Sandra Evans. The site consists of one parcel
identified by the Pinellas County Property Appraiser as
10-29-15-68346-000-0050, which is legally described in Exhibit A of the original
contract.
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The property owned by Barnell Evans and Sandra Evans, husband and wife, is
located at 900 Palmetto St, and is a 7881 SF vacant lot. The site is in the
proposed North Greenwood CRA District and is zoned Commercial. The site
consists of one parcel identified by the Property Appraiser as
10-29-15-45000-006-0040, which is legally described in Exhibit B of the
contract.
On August 18, 2022, Council declared the property surplus and approved the
Contract for Exchange of Real Property. The exchange is contingent upon the
following: termination of the lease between the City and Hope Academy; and the
City being granted adequate access to the Evans property for purposes of
conducting inspections and investigations, including environmental
investigations. If any of the contingencies are not met, the contract will become
null and void.
A Phase I Environmental Site Assessment (ESA) report was completed in
November of 2022 by Cardno (now, Stantec). Cardno has recommended a
Phase 11 ESA due to the automotive use of the property located across Vine
Ave. Though the contamination source is off site and separated by a roadway,
the Phase 11 ESA is recommended to confirm that contaminated ground water
has not traveled onto 900 Palmetto. The First Amendment to the Contract for
Exchange of Real Property would extend the original contract closing date to on
or before August 25, 2023, providing time for the City to complete the Phase 11
ESA. Staff is seeking funding for the Phase 11 ESA from the Environmental
Protection Agency grant B02D09421. If grant funding is not awarded, available
funding from capital project ENGF180011, Environmental Assessment &
Cleanup, will be used.
The First Amendment to the Contract for Exchange of Real Property between
the City and Barnell Evans and Sandra Evans contemplates the extended
closing to occur on or before August 25, 2023.
APPROPRIATION CODE AND AMOUNT:
ENGF1 80011-STDY-PROSVC $15,575
Funding is available in Capital Improvement project ENGF180011,
Environmental Assessment & Cleanup, to fund the work order.
One individual questioned why the City wanted the property swap.
Economic Development and Housing Assistant Director Chuck Lane
said the City owns 918 Palmetto Street, which is adjacent to a daycare.
The daycare owner leases the city-owned site to use it as a playground
for the daycare. He said the daycare owner owns 900 Palmetto Street and
requested the property exchange. He said 900 Palmetto has more
development opportunities.
Councilmember Bunker moved to approve First Amendment to
Contract for Exchange of Real Property between Barnell Evans and
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Sandra Evans, Owners and the City of Clearwater, and authorize the
appropriate officials to execute same, together with all other
instruments necessary to affect closing. The motion was duly
seconded and carried unanimously.
Public Hearings - Not before 6:00 PM
8. Administrative Public Hearings
8.1 Approve the 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, and sets a new date by which
time site plan approval must be obtained, adopt Resolution 23-02, and authorize the
appropriate officials to execute same. (HDA2014-06004B).
Development Proposal:
No changes have been made to the Development Proposal presented at the
February 2, 2023 Council meeting.
The owners continue to propose to redevelop the site with 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 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
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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
• 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
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• 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:
No changes have been made to the Conceptual Site Plan presented at the
February 2, 2023 Council meeting. The Conceptual Site Plan continues to
appear to be consistent with the CDC regarding:
■ Minimum Lot Area and Width
■ Minimum Setbacks
■ Maximum Height
■ Minimum Off-Street Parking
■ Landscaping
Consistency with Beach by Design:
No changes have been made to the Conceptual Site Plan presented at the
February 2, 2023 Council meeting. The Conceptual Site Plan continues to
appear to be consistent with the Beach by Design with regard to:
■ Design Guidelines
■ Hotel Density Reserve
The proposal is compliant 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 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);
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• 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.
The Planning and Development Department is recommending approval of this
third amendment to an existing Development Agreement.
Resolution 23-02 was presented and read by title only.
Councilmember Teixeira moved to approve the 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
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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, and sets a new date by which time site plan
approval must be obtained, adopt Resolution 23-02, and authorize
the appropriate officials to execute same. 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 amendments to the Clearwater Community Development Code, addressing
community gardens, detached dwellings and residential infill projects in the MDR District,
fences, vertical mixed-use projects, landscaping standards, residential and commercial
parking restrictions, signs, permit renewals, pre-application meetings, development
agreements, definitions, US 19 Zoning District and Development Standards and
Downtown District and Development Standards, and pass Ordinance 9643-23 on first
reading. (TA2022-09001)
Proposed Ordinance No. 9643-23 addresses several topics, some of which
were identified by City Council as needing revision, and others that were made
possible after certain changes to the Countywide Plan Rules. Additionally, many
proposed amendments come from experience with processing applications,
where staff has identified opportunities to streamline processes and provide
additional clarity for applicants on certain requests.
Below is a summary of the substantive amendments included in the ordinance.
• Allows community gardens in the Open Space/Recreation District and
permits community gardens to have limited on-site sales either on a
permanent basis in the Commercial, Institutional, and Downtown
Districts or on a temporary basis in all other zoning districts in which
community gardens are permitted.
• Increases allowable front setback flexibility for detached dwellings and
establishes residential infill projects as Level One (Flexible Standard
Development) applications in the Medium Density Residential District,
consistent with the same uses in the Low Medium Density Residential
District.
• Modifies numerous provisions in Article 3, Division 8, Fences and Walls,
including those on corner lots to allow open-style fences on
non-addressed front property lines up to six feet in height, and provides
for "entry components" to be incorporated into fences.
• Enables vertical mixed-use projects in Downtown to utilize their full
density and intensity, consistent with provisions in the Countywide
Rules.
• Provides an exception within Article 3, Division 12, Landscaping/Tree
Protection, for the use of artificial turf in parks and on athletic fields.
• Expands existing parking restrictions in residentially zoned districts
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found in Article 3, Division 14, Parking and Loading, to apply in certain
areas of Downtown, and creates new restrictions for nonresidential
areas prohibiting boat and hauling trailers and recreational vehicles from
being parked in rights-of-way.
• Prohibits the use of LED rope/ribbon lighting to outline doorways and
windows.
• Allows for marquees in Downtown for venues seating 750 or more
people.
• Extends the maximum duration for development agreements to 30
years.
• Requires pre-application meetings for projects in both the US 19 and
Downtown Districts.
• Updates the US 19 Zoning District and Development Standards
(Appendix B) in several ways, including updating bike parking standards
and expanding when bike parking is required, requiring projects on
parcels 10+ acres in size to submit a Level One (Flexible Standard
Development) application, establishing new flexibility for residential
projects on sloping sites, and modifying flexibility for cross-parcel
connections and projects providing employment-intensive land uses.
• Updates the Downtown District and Development Standards (Appendix
C) in various ways, including allowing self storage warehouses in the
Downtown Gateway as an accessory use, updating long-term bike
parking standards, adding provisions for "U"-shaped buildings,
swimming pools, and upper floor windows, modifying step back
requirements for parking garages and projects on multiple frontages,
allowing up to 3 units on collector streets with the Neighborhood
Conservation Frontage, establishing new flexibility for building step
backs, landscaping standards, surface parking for existing offices,
pedestrian walkways, service areas, swimming pools, buildings within
flood zones and historic properties, and public transit facilities, and
modifying existing flexibility for building spacing and residential projects
on sloping sites.
The Planning and Development Department has determined that the proposed
text amendments to the Community Development Code are consistent with and
further the goals, objectives and policies of the Comprehensive Plan and the
Community Development Code as outlined in the staff report.
The Community Development Board (CDB) reviewed the proposed text
amendment at its meeting on January 17, 2023, and unanimously
recommended approval with one modification. Due to concerns about the
potential need for additional security, the Board recommended Council consider
allowing fences for community gardens to be up to six feet in height along the
front property lines(s), provided such fences above the four feet proposed are
non-opaque (open-style).
Planning and Development Assistant Director Lauren Matzke provided a
PowerPoint presentation.
In response to questions, Ms. Matzke said the Capitol Theatre is
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currently the one downtown venue that would qualify for the proposed
changeable electronic signs. Planning and Development Director Gina
Clayton said, as written, the proposed ordinance would allow only one
changeable electronic sign per property. She said she met with Ruth
Eckerd Hall regarding their signage proposal for the Capitol Theatre,-
there
heatre,there are some issues with having a dynamic marquee on two sides of
the building as it would cover the public art on the side of the building.
Staff recommended one sign due to the lack of vehicular traffic on the
roadways and concerns with the aesthetics. Ms. Clayton said Ruth
Eckerd Hall proposed a portion of two signs on the Cleveland Street
frontage that wrapped around the canopy.
In response to a suggestion, the City Attorney said Council can make a
motion to amend the ordinance, as it pertains to section 3-1807 of the
Community Development Code, to reduce the number of seats (750) to
the desired number. Ms. Clayton said the language was written to mirror
the language Attorney Bill Britton wrote for the City related to
electronic changeable signs.
There was consensus to eliminate the limitation on the number of
seats, defining the primary use of the venue be a theater, and allowing
signage on two street frontages.
Discussion ensued with concerns expressed that rope lighting is tacky. A
comment was made that small business owners use rope lighting as a
viable and affordable method to promote their business. There was
consensus to direct staff to amend the proposed ordinance to exclude the
rope lighting ban language and to include language that would allow
6-foot open style fencing for community garden sites.
One individual submitted an eComment regarding signage (see page 25).
Councilmember Teixeira moved to continue Item 8.2 to March 16,
2023. The motion was duly seconded and carried unanimously.
9. Second Readings - Public Hearing
9.1 Adopt Ordinance 9650-23 on second reading, vacating 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, Page 17 of the public records of
Pinellas County, Florida.
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Ordinance 9650-23 was presented and read by title only.
Councilmember Allbritton moved to adopt Ordinance 9650-23 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 9651-23 on second reading, vacating the rear platted 5 foot public utility
easement located on Lot 6, and the North 30 feet of Lot 5, Mandalay, according to the
map or plat thereof, as recorded in Plat Book 14, Pages 32-35 of the public records of
Pinellas County, Florida.
Ordinance 9651-23 was presented and read by title only. Vice Mayor
Beckman moved to adopt Ordinance 9651-23 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
9.3 Adopt Ordinance 9652-23 on second reading, vacating the North 30-foot ingress/egress
easement located on Lot 1, Block A, Earl Scheib - Commercial Center, according to the
map or plat thereof, as recorded in Plat Book 74, Page 22 of the public records of
Pinellas County, Florida.
Ordinance 9652-23 was presented and read by title only.
Councilmember Bunker moved to adopt Ordinance 9652-23 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
10.1 Provide direction on the future of Clearwater Gas System's Propane business division.
Clearwater Gas System (CGS) has operated a propane business for over 30
years, separate from the natural gas distribution utility. CGS propane customers
are primarily residential households (1,980 accounts) and a small number of
commercial businesses (60 accounts), with annual sales of approximately
430,000 gallons. The primary reason for entering the propane business was to
serve customers where there was no natural gas infrastructure installed in the
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ground. This would allow CGS to add to its customer base, with the expectation
once natural was extended to those areas CGS would convert the customer
over to natural gas.
CGS currently has 29,860 natural and 2,040 propane customers, accounting for
6.4% of CGS's total customer base.
In recent years, the propane operations have not been profitable. In reviewing
the past three fiscal years of revenues and expenses, the following has been
observed:
Propane System Profit & Loss
Net
Revenues Expenses Loss
Fiscal Year 2020 $1,141,053 $ 2,057,331 $ (616,278)
Fiscal Year 2021 $1,567,843 $ 2,378,949 $ (811,106)
Fiscal Year 2022* $1,892,960 $ 2,499,243 $ (606,283)
*Unaudited estimate
The unprofitable propane operations have had a negative impact on overall
profitability as a gas distribution utility. The natural gas business has historically
been profitable, resulting in significant dividend payments to the City's General
Fund, with some years well above the minimum $1.7 million annual
requirement. Below are the last three fiscal years of revenue vs. expenses for
natural gas utility operations.
Gas Utility Profit & Loss:
Operating Operating Net Operating Net Dividend
Revenues Expenses Profit to City
Fiscal Year 2020 $42,785,272 $32,594,318 $10,190,954 $4,027,329
Fiscal Year 2021 $43,033,924 $36,496,073 $ 6,537,851 $3,184,867
Fiscal Year 2022* $47,373,288 $42,864,442 $ 4,508,846 $1,700,000
*Unaudited estimate
As a result, staff recommends selling off the propane portion of the utility, as it
will improve the overall profitability and sustainability of CGS. Staff feels it is
appropriate for another propane company to purchase the system, where their
core business function is to serve propane customers.
Another benefit to selling off the propane business would be a transition away
from carbon fuels in city business operations, as propane has 50% more
carbon compared to natural gas. This transition would help support the Ready
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City Council Meeting Minutes February 16, 2023
for 100 Resolution recently passed by Council.
If Council approves, the first step would be to hire a firm to perform a valuation.
Staff plans to use Raftelis to perform this valuation, as they are currently the
rate consultant for natural gas. Once the valuation is completed, Procurement
will issue a Request for Proposal (RFP) to see how many potential buyers are
interested in CGS's propane business. Once proposals are received and
ranked, staff will come back to Council with a recommended action item.
In response to questions, Interim Clearwater Gas System Director Brian
Langille said some of the customers are on a loop system that entailed a
large LP tank in front of the subdivision that served a few customers. He said
there are a handful of the loop systems used to serve less than 50
customers. If the propane division is sold, the buyer would continue
serving these customers in the same manner. A list of assets to be sold
would be provided. To be profitable, Clearwater Gas would have to
increase the price by at least $2.00 per gallon but the customer base is too
low.
There was council consensus for staff to proceed with the next steps to
selling the propane division.
10.2Provide direction on issuing customer credits for recycling service charges for the period
of July 2022 through December 2022.
At the January 30, 2023 council work session, staff presented a Recycling
Program Update in response to the findings that collected material from the
city's single stream recycling program were not being disposed of as a
recyclable commodity. As part of that presentation, staff provided projected
credit amounts for solid waste customers who were charged a recycling
service fee for the six-month period of July 2022 to December 2022.
Staff is recommending any approved credit be issued in the form of a customer
fee adjustment applied to future charges.
A credit of all collected recycling charges for residential, multifamily, and
commercial customer accounts would result in a total adjustment of
$1,123,417.91, and a projected credit of$20.22 per residential customer.
Alternatively, a credit of the average processing differential for the six-month
period of July 2022 through December 2022 for residential, multifamily, and
commercial customer accounts would result in a total adjustment of
$177,056.91, and a projected credit of$4.86 per residential customer. Credit
amounts for multifamily and commercial customer accounts would be
calculated individually based on the level of service that is provided by the City.
Additionally, credit projections for each partner municipality that receives
recycling services from the city were calculated for the six-month period of July
2022 through December 2022 as followed:
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City Council Meeting Minutes February 16, 2023
A credit of all collected recycling charges for the Town of Belleair would result in
a total adjustment of$64,978.02, which includes collection costs for curbside
service that is provided by the city. A credit for only processing costs would
result in a total adjustment of$5,002.28.
A credit of all collected recycling charges for the City of Safety Harbor would
result in a total adjustment of$62,925.63. A credit for only processing costs
would result in a total adjustment of$22,343.87.
APPROPRIATION CODE AND AMOUNT:
A first quarter budget amendment will reduce recycling fee revenues by the total
credit estimated based upon action approved by the Council.
The Interim City Manager said the city is recycling all eligible materials
and staff intends to provide a full report of what is uncovered and best
steps moving forward. Recycling is a complex matter and that is why staff
has engaged the consultant to assist with next steps. She said the
research completed thus far has identified that the city, since 2019, has
been recycling significantly less but all of the individuals responsible for
making those decisions are no longer working for the city.
Interim Solid Waste Director Micah Maxwell said the difference between
the disposal cost at Pinellas County Solid Waste versus the disposal
cost at the processing plant is $177, 056.91 for the service area within city
boundaries. The full amount the residents paid the City is $1,123,417.91
(full 6-month credit). Ms. Maxwell said staff prefers meeting with Safety
Harbor and Belleair to discuss their credits, as their systems differ from
the residential program.
In response to questions, the Interim City Manager said an Assistant
Director has been appointed since the former city manager eliminated
the director position, the department may be absorbed by Public Works. Staff
is actively looking for a controller. Mr. Maxwell said the controller left in
2022; the Division's controller and senior accountant positions are vacant
currently. He said the senior accountant begins next week and the
manager position, which is below the assistant director, is currently
completing background checks. The Technical Management Committee will
be discussing a countywide materials recovery facility in March.
Discussion ensued with comments made that Council not make decision
until a full report is provided, that an understanding of how long the issue
occurred is needed before a credit is determined, and that staff needs to
determine if the program has the capacity to serve other municipalities.
One individual suggested that the issue began when the City switched to
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City Council Meeting Minutes February 16, 2023
the yellow and blue bins and supported a credit be issued to current
customers and a refund check to past customers.
One individual supported recycling and stated that Clearwater was the first
city to recycle.
11. City Attorney Reports — None.
12. Other Council Action — None.
12.1 Use of Interest Earned on ARPA Funds - Vice Mayor Beckman
Vice Mayor Beckman said she would like the interest earned on the ARPA
funds remain with the ARPA buckets.
In response to questions, Finance Director Jay Ravins said as of the end
of December there was approximately$230,000 and probably over
$250,000 currently in interest. The interest would accrue in whatever fund
the monies are moved to, such as the 181 special program/special revenue
fund or capital improvement fund. Capital improvement fund interest
goes to the general fund, any money remaining in the general fund will
accrue in the general fund. The funds would be unrestricted reserves.
Mr. Ravins said another ARPA use not mentioned is revenue recovery
and that is what the City used the ARPA funds for. Council used general
fund reserves to embark projects and programs that pursued the ideals
behind the ARPA program.
Discussion ensued with comments made that the interest earned remain
in the least restrictive fund.
12.21nvasive Removals - Councilmember Allbritton
In response to questions raised at the February 13, 2023 work session, staff
has provided an estimate from O'Neil's Tree Service for the removal of invasive
trees (Brazilian Peppertree and Carrotwood trees) and stumps along Memorial
Causeway at an estimated cost of$29,900.
Staff does not recommend removing Seagrapes along the shoreline as they
assist in erosion control and are beneficial to wildlife.
Councilmember Allbritton said there is a citizen who has volunteered to
pay a certified arborist to trim the mangroves on the northside of the
Causeway, from Island Way to the small bridge going to the beach. He
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City Council Meeting Minutes February 16, 2023
requested consideration to incorporate the mangrove trimming with the
invasives removal.
In response to questions, Deputy City Engineer Elliot Shoberg said staff
would have to determine if it is allowable per FDOT rules. Funds for the
invasives removal are included in the O'Neils contract.
There was consensus for staff to proceed with the invasive removals.
12.3Requests for external and county organizations to provide presentations to Council - Vice
Mayor Beckman
Vice Mayor Beckman said the requests for presentations are good
governance and her due diligence to better understand the community's
needs, funding sources, and the county's responsibility. She said if the
county is not able to address community needs, the City may have to
appropriate funds to help address the problem.
Discussion ensued with comments made that Pinellas County will not
come to a council meeting to provide a presentation on how funds are
budgeted. There was consensus to discuss and vote on requests for
presentations.
The City Clerk said a presentation by Tampa Bay Cares, formerly known
as 2-1-1, is scheduled for March 16, 2023.
13. Closing comments by Councilmembers (limited to 3 minutes)
Councilmember Allbritton said the PS TA initiated contactless payment
this week which will help make public transportation faster. He said
his friend, Dr. Frank Byron Smitherman, passed away last week and his
service will be held Saturday.
Vice Mayor Beckman said she went to Sanibel Island with officials from
Treasure Island and Indian Rocks Beach to deliver supplies and meet
with members of Sanibel leadership. She said most of the community is
still not living in their homes, if their homes are still there. Only 4% of
their properties were not effected. A couple lessons learned are the
importance of pre-contracts and their re-entry pass system. According to
the Sanibel City Manager, bad people will show up and there needs to be
a plan in place to mitigate it. She said permitting had challenges and
there are on-going FEMA challenges and even figuring out where USPS
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City Council Meeting Minutes February 16, 2023
could be established was challenging. Resident education is key in
preparation.
Councilmember Bunker said Scientology asked the City for a buffer zone
to keep Scientology critics away from Scientologists and said using the
Gandhi protest technique is a better way to get a message across.
Councilmember Teixeira thanked Chief Slaughter for allowing her to
witness the real time crime center. She said one of her priorities is
educate the public and raise awareness of Human Trafficking and the
first initiative was to educate city staff which has been completed. She
engaged the Philadelphia Phillies to become the city's community
partner in the initiative and they hosted a community outreach seminar at
the stadium. The Phillies agreed to showcase a 30 second public
service announcement video during spring training games. She thanked
Dottie Groover-Skipper, Kate Pulpa, and Caleb Bell for their informative
presentation and thanked Major Illich-Hailey, Robert Telford, and
Samantha Moullet from the city for their efforts. She said if you see
something suspicious, say something.
14. Closing Comments by Mayor
Mayor Hibbard reviewed recent events. He said the solid waste/recycling
issue is an embarrassment, but the situation will get rectified. There are a lot
of things getting done efficiently and correctly in Clearwater and there is
great staff and people should have faith in the services that are provided and
in the people providing them. The actions of a few are overshadowing an
enormous organization that runs very well. He thanked the American Legion
for their Four Chaplain ceremony and said there was a 100 year-old in
attendance who served in five conflicts, WWII, Korea, Vietnam, the Falklands
War, and Grenada. He congratulated Mr. Carlton Ward on being named Mr.
Clearwater.
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City Council
15. Adjourn
Meeting Minutes February 16, 2023
The meeting adjourned at 9:43 p.m.
Attest
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City Clerk
City of Clearwater
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City of Clearwater
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