04/20/2023 City Council Meeting Minutes April 20, 2023
City of Clearwater
Main Library- Council Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
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Meeting Minutes
Thursday, April 20, 2023
6:00 PM
Main Library - Council Chambers
City Council
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City of Clearwater
City Council Meeting Minutes April 20, 2023
Roll Call
Present: 5 - Mayor Brian Aungst Sr., Vice Mayor Mark Bunker, Councilmember
Kathleen Beckman, Councilmember David Allbritton, 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— Mayor Aungst, Sr.
The meeting was called to order at 6:00 p.m.
2. Invocation — Rev. Pat Harney from the Church of Scientology
3. Pledge of Allegiance
4. Special recognitions and Presentations (Proclamations, service awards, or
other special recognitions. Presentations by governmental agencies or groups
providing formal updates to Council will be limited to ten minutes.) — Given.
4.1 April Service Awards
One service award was presented to a city employee.
The April 2023 Employee of the Month Award was presented to
Samantha Moullet.
The March/April Bimonthly Team Award was presented to the
Submerged Vehicle Team: Lt. Ben McBride, Adam Mittler, Gabriel David
Cerpa, Mason Matty, Logan Campbell, Lt. Jennifer Pauley, David
Marlowe, Stephanie Nuszkowski, Matthew Mauger, Lt. Steve Peters,
James Griffin, Chris Collins, Nina Borders, Jacob Williams, Lt. Wade
Bishop, Logan Cruz, Casey Matz, Fredy Ortiz, Austin Ryan, Lt. Bob
Keane, Lt. Robbie Winer, and District Commander Alex Monte.
4.2 National Library Week Proclamation, April 23-29, 2023 - Jen Obermaier, Library Director
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City Council Meeting Minutes April 20, 2023
4.3 1,000 Books before Kindergarten Challenge - Mercedes Bleattler, Lead Librarian in
Youth
4.4 Donate Life Month Proclamation - April 2023 - Elizabeth Friese, LifeLink Volunteer
from LifeLink Foundation
4.5 Certificate of Acknowledgement for The Homeless Leadership Alliance of Pinellas
Team
Acknowledging their work at Capri Mobile Home Park in Jan 2023:
Dr. Monika Alesnik, CEO Olivia Barclay - Community Navigation Manager
Davide Adkins - Landlord Liaison Erica Rafraf- Housing Specialist Mario
Rodriquez -Veteran Navigator Lenny Collazo -Veterans System Manager
Thanh-Van (TV) - Intake Specialist Team Lead
4.6 Arbor Day Proclamation, April 28, 2023 - William J. Anderson, Stormwater
Maintenance Division Manager, Public Works Department
5. Approval of Minutes
5.2 Approve the minutes of the April 11, 2023 Special City Council Meeting as submitted
in written summation by the City Clerk.
Councilmember Beckman moved to approve the minutes of the April
11, 2023 Special City Council Meeting as submitted in written
summation by the City Clerk. The motion was duly seconded and
carried unanimously.
5.3 Approve the minutes of the March 27, 2023 Special City Council Meeting as submitted
in written summation by the City Clerk.
Vice Mayor Bunker moved to approve the minutes of the
March 27, 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
Ingrid Anderson expressed concerns regarding the trees that were
removed at Harbour Towne last year and requested Council allow the
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City Council Meeting Minutes April 20, 2023
Environmental Advisory Board to work with her to document the
removed trees.
Patrick Raftery welcomed Mayor Aungst, Sr. to the position and said his
previous experience will lead the city through important projects, such
as the bluff development, the strategic plan, and the budget.
Nik Karamountzos expressed concerns with debris and homeless
encampments at 1615 S MLK Avenue and requested assistance to
remove the preservation designation.
Mr. Holuba expressed concerns with the City's recycling program and
supported terminating the program.
7. Consent Agenda — Approved as submitted.
7.1 Approve a banking services agreement with Wells Fargo Bank, N.A., in an annual
not-to-exceed amount of$84,200, for a total of$421,000 for the five-year period
10/01/2023 thru 9/30/2028, with the option for three (3) additional two-year
extensions, pursuant to Clearwater Code of Ordinances Section 2.563(1)(c),
Piggyback, and authorize the appropriate officials to execute same. (consent)
7.2 Authorize a Purchase Order to Equix Holdings, Inc., dba Equix Energy Services, LLC
of Midway, FL for the installation of gas mains, service lines and related construction
gas work for Clearwater Gas System's natural gas distribution pipeline system in the
annual not-to-exceed amount of$6,650,000, with the option for three, one-year
renewals pursuant to Invitation to Bid 23-23, and authorize the appropriate officials to
execute same. (consent)
7.3 Approve an Annual General Permit, in the amount of$2,813, with Pinellas County to
construct and maintain natural gas facilities and authorize the appropriate officials to
execute same. (consent)
7.4 Accept a Gas Utility Easement from Positron 8 LLC, for the construction, installation,
and maintenance of gas utility facilities on real property located at 806 N. Osceola
Avenue, Clearwater FL, 33755. (consent)
7.5 Approve a Memorandum of Agreement (Agreement) between Bob Gualtieri, as Sheriff
of Pinellas County, Florida (Sheriff) and the City of Clearwater Police Department for a
Co-Responder Program to handle mental health related calls for service and authorize
the appropriate officials to execute same. (consent)
7.6 Accept the Easement Conveyance request from Dolphin Harbour Development of
Island Estates, LLC., to install, repair, and maintain stormwater utilities on real
property located in Clearwater at 125 Island Way, Pinellas County, Florida. (consent)
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7.7 Accept two Utility Easements (water and sanitary) from Valor Capital Real Estate to
install, repair, and maintain said utilities on real property located in Clearwater at 1020
Sunset Point Road in Pinellas County, Florida. (consent)
7.8 Approve the final plat for Belcher Carwash and Retail Center, 1951 North Belcher
Road, located on the east side of North Belcher Rd., approximately 1000 feet north of
Sunset Point Road. (consent)
7.9 Approve the final plat for Aspen Trail Two subdivision, 2557 and 2563 Ocean Breeze
Lane, located south of Curlew Road and East of US 19. (consent)
7.10Accept an 8-foot Sidewalk Easement from property owner Robert Smith for repair and
maintenance affecting real property located in Clearwater at 1453 Otten Street in
Pinellas County, Florida. (consent)
7.11Accept the right-of-way easement request by Pinellas County for bridge and roadway
improvements at Old Coachman Road at Alligator Creek Crossing, as located in
Clearwater, Florida. (consent)
7.12Approve the Federally-Funded Subaward and Grant Agreement for public assistance
support for Hurricane Ian expenditures and grant authority to the City Manager or
designee to enter into, approve, and execute same and future modifications for
Hurricane Ian expenditures. (consent)
7.13Approve renewal of Legal Services Agreement with Bryant Miller Olive for a one-year
period to act as Bond Counsel and authorize the appropriate officials to execute
same. (consent)
Councilmember Teixeira moved to approve the Consent Agenda as
submitted and authorize the appropriate officials to execute same.
The motion was duly seconded and carried unanimously.
Public Hearings - Not before 6:00 PM
8. Administrative Public Hearings
8.1 Approve amendments to the Clearwater Comprehensive Plan to address the creation
of a new Parks and Recreation impact fee system; and pass Ordinance 9638-23 on
first reading. (CPA2022-10002)
Proposed Ordinance 9638-23 amends the Recreation and Open Space
Element of the Clearwater Comprehensive Plan to provide for a new Parks and
Recreation Facilities impact fee system. The amendment is necessary to
ensure consistency between the Comprehensive Plan and a proposed text
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amendment which would replace Chapter 54 of the Community Development
Code in its entirety and is being processed concurrently (TA2022-10002,
Ordinance 9639-23). This Element has not been updated, revised, or amended
since 2008 and the methodology and calculation of the fees contained in the
Recreation and Open Space Dedication in the Community Development Code
have not been updated since 1983.
Tindale Oliver (now Benesch) of Tampa, Florida, was retained to prepare a
technical report that documents current conditions in Clearwater as the basis to
establish a new impact fee system. The technical report documented the
current cost, credit, and demand components associated with providing parks
and recreation facilities, along with a resulting fee schedule.
The Planning and Development Department has determined that the proposed
Comprehensive Plan amendments are consistent with and further the goals,
objectives and policies of the Comprehensive Plan as outlined in the staff
report. The Community Development Board (CDB) reviewed the proposed
amendments at its meeting on March 21, 2023, and unanimously
recommended the amendments for approval.
As this is a text amendment to the Clearwater Comprehensive Plan, review
and approval by the Florida Department of Economic Opportunity is required.
As part of the state review, the proposed amendments will be transmitted to
the various State agencies and Pinellas County for review prior to second
reading (adoption) by City Council, which is anticipated to occur in July.
Ordinance 9638-23 was presented and read by title only.
Councilmember Allbritton moved to approve amendments to the
Clearwater Comprehensive Plan to address the creation of a new
Parks and Recreation impact fee system; and pass Ordinance
9638-23 on first reading. The motion was duly seconded and upon
roll call, the vote was:
Ayes: 5 - Mayor Aungst Sr., Vice Mayor Bunker, Councilmember Beckman,
Councilmember Allbritton, and Councilmember Teixeira
8.2 Approve amendments to the Clearwater Community Development Code to replace
Chapter 54 in its entirety with a revised Chapter 54, creating a new Parks and
Recreation impact fee system and pass Ordinance 9639-23 on first reading.
(TA2022-10002)
Proposed Ordinance 9639-23 replaces Chapter 54 of the Community
Development Code in its entirety as the Chapter, including the methodology
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and calculation of the fees contained in the Recreation and Open Space
Dedication have not been updated since originally developed in 1983. This
section of the Community Development Code includes three components:
Recreation Facility Fee, Recreation Facility Land Fee, and Open Space Fee.
The "Florida Impact Fee Act" requires that impact fees be based on current
data. Parks and Recreation recommends establishing a new impact fee
structure based on the most current data.
Tindale Oliver (now Benesch) of Tampa, Florida, was retained to prepare a
technical report that documents current conditions in Clearwater as the basis to
establish a new impact fee system. The technical report documented the
current cost, credit and demand components associated with providing parks
and recreation facilities, along with a resulting fee schedule.
The purpose of the proposed impact fee system is to provide an updated
equitable fee system based on current data to meet future parks and
recreation growth needs of the city. The major differences between the current
Chapter 54 and the proposed ordinance are summarized as follows:
1. Currently there are three fees: Recreation Facility Fee, Recreation
Facility Land Fee, and Open Space Fee. Under the proposed ordinance
there would be one fee: Parks and Recreation Facility Impact Fee.
2. Currently, residential development, overnight accommodations (8
dwelling units (DU) or more), non-residential development (1-acre or
more) pay up to 4% of the value of land to be developed as Open
Space Fee. Residential development, annexations, and overnight
accommodations (8 DU or more) pay 150 square feet (sf) of land value
per DU as Recreation Facility Land Fee. Residential development,
annexations (8 DU or more), and overnight accommodations pay $200
per as Recreation Facility Fee. While the proposed ordinance replaces
all three fees with one fee per residential dwelling unit or annexations (8
DU or more) according to the proposed Appendix A below:
Proposed Appendix A - Schedule of Fees, Rates and Charges
Fee per unit shall be as follows:
(a) Single Family (detached) Less than 1,500 sf $3,021.00
(b) Single Family (detached) 1,500 sf to 2,499 sf $3,358.00
(c) Single Family (detached) 2,500 sf or greater $3,762.00
(d) Multi-Family (including duplex and triplex) $2,024.00
(e) Affordable Multi-Family (including duplex and triplex) $1,012.00
(f) Mobile Home $1,847.00
(g) Age Restricted Housing (detached)* $2,576.00
(h) Age Restricted Housing (attached)* $1,551.00
*Does not include Mobile Home Parks
3. Currently, fees collected must be spent within a one-mile radius for
neighborhood parks, two-mile radius for community parks, and
anywhere in the city for citywide facilities and resource-based parks.
Under the proposed ordinance fees collected may be used anywhere
within the city limits.
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4. Currently, affordable dwelling units are charged at the same rate as
other residential dwelling units are, while under the proposed ordinance
single family affordable dwelling units are exempt and there is a 50%
reduction for multi-family affordable housing units.
5. Currently, all development within the Community Redevelopment
Agency is exempt while under the proposed ordinance the exemption is
eliminated.
6. The current impact fee system provides for staff to estimate fees;
however, due to the length of the permitting process the fees may
change as they are determined based on the value of land being
developed. The proposed ordinance provides the applicant immediate
information as to how much the impact fee is by using Appendix A.
7. Currently, payment of impact fees is no later than the date a vertical
building permit is issued, while under the proposed ordinance payment
is a condition of Certificate of Occupancy.
The Planning & 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 amendment at
its meeting on March 21, 2023, and unanimously recommended these
amendments for approval.
Adoption of this ordinance is contingent upon the adoption of the
Comprehensive Plan Amendments (CPA2022-10002, Ordinance 9638-23)
being processed concurrently, which is anticipated to occur in July following
review and approval by the Florida Department of Economic Opportunity,
various state agencies, and Pinellas County.
Ordinance 9639-23 was presented and read by title only.
Councilmember Beckman moved to approve amendments to the
Clearwater Community Development Code to replace Chapter 54 in
its entirety with a revised Chapter 54, creating a new Parks and
Recreation impact fee system and pass Ordinance 9639-23 on first
reading. The motion was duly seconded and upon roll call, the vote
was:
Ayes: 5 - Mayor Aungst Sr., Vice Mayor Bunker, Councilmember Beckman,
Councilmember Allbritton, and Councilmember Teixeira
8.3 Approve the Easement Vacation request from the owners of property addressed 125
Island Way (Dolphin Harbour) to vacate a 10-foot platted public utility easement
located on lots 4 and 5, unit 2, Island Estates, according to the map or plat thereof as
recorded in Plat Book 47, Page 19A and 20B, Public Records of Pinellas County,
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Florida and pass Ordinance 9673-23 on first reading.
The property owners of 125 Island Way (Dolphin Harbour) have requested the
City to completely vacate the existing 10-foot platted public utility easement.
The purpose of this vacation is to allow for condominium development and
easement relocation.
There are no City or Private utilities within this easement.
City staff have reviewed and approve this request.
Ordinance 9673-23 was presented and read by title only.
Vice Mayor Bunker moved to approve the Easement Vacation
request from the owners of property addressed 125 Island Way
(Dolphin Harbour) to vacate a 10-foot platted public utility easement
located on lots 4 and 5, unit 2, Island Estates, according to the map
or plat thereof as recorded in Plat Book 47, Page 19A and 20B,
Public Records of Pinellas County, Florida and pass Ordinance
9673-23 on first reading. The motion was duly seconded and upon
roll call, the vote was:
Ayes: 5 - Mayor Aungst Sr., Vice Mayor Bunker, Councilmember Beckman,
Councilmember Allbritton, and Councilmember Teixeira
8.4 Approve amendments to the Clearwater Downtown Redevelopment Plan and pass
Ordinance 9663-23 on first reading.
The City established the Public Amenities Incentive Pool (Pool) in the
Clearwater Downtown Redevelopment Plan when it was amended in 2004. The
Pool is intended to support private sector efforts to redevelop Downtown by
providing the ability to request increases in density and/or intensity in excess of
the established maximum development potential when certain public amenities
are incorporated into the project, thereby providing benefits to both parties and
furthering the City's goals for Downtown.
Proposed Ordinance No. 9663-23 is the first amendment to the Pool since it
was established and is the first step in modifying the allocation process of units
and floor area from the Pool to address previous direction from the City
Council. This amendment would allow the Community Development Director to
approve such allocations through the Development Review Committee (DRC)
process, the details of which will be established in the Community
Development Code through a separate Ordinance. Additionally, the list of
eligible amenities is proposed to be expanded to encourage the construction of
Class A office space in the Downtown Core and Prospect Lake Character
Districts and hotel and residential rental projects throughout Downtown, as well
as to support the inclusion of sustainable development technologies in new
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development.
The Community Redevelopment Agency will review the proposed amendments
to the Clearwater Downtown Redevelopment Plan at its meeting on April 17,
2023, and the Community Development Board, in its capacity as the Local
Planning Agency (LPA), will review the proposed amendments to the
Clearwater Downtown Redevelopment Plan at its meeting on April 18, 2023.
Staff will report both recommendations at the city council meeting.
The Council has the authority for the final decision on plan adoption.After local
adoption, the CRA Plan will be transmitted to Forward Pinellas and the Board
of County Commissioners for their consideration, which is anticipated to take
place in June and July, respectively.
Ordinance 9663-23 was presented and read by title only.
Councilmember Teixeira moved to approve amendments to the
Clearwater Downtown Redevelopment Plan and pass Ordinance
9663-23 on first reading. The motion was duly seconded and upon
roll call, the vote was:
Ayes: 5 - Mayor Aungst Sr., Vice Mayor Bunker, Councilmember Beckman,
Councilmember Allbritton, and Councilmember Teixeira
8.5 Approve amendments to the Community Development Code, Appendix C. Downtown
District and Development Standards, and pass Ordinance 9664-23 on first reading.
The City established the Public Amenities Incentive Pool (Pool) in the
Clearwater Downtown Redevelopment Plan when it was amended in 2004. The
Pool is intended to support private sector efforts to redevelop Downtown by
providing the ability to request increases in density and/or intensity in excess of
the established maximum development potential when certain public amenities
are incorporated into the project, thereby providing benefits to both parties and
furthering the city's goals for Downtown. Currently there are 2,079 dwelling
units and 2,095,667 square feet of floor area available for allocation from the
Public Amenities Incentive Pool which may be requested for projects anywhere
within in the Downtown District.
Proposed Ordinance No. 9664-23 establishes a two-tier approach to allocation
of units from the Pool. This is proposed to be enabled through a companion
amendment to the Downtown Clearwater Redevelopment Plan (proposed
Ordinance 9663-23). Certain bonuses are identified in the Code which the
Community Development Coordinator would be authorized to approve through
the Development Review Committee (DRC) process (Tier 1 - Streamlined
Allocation Process). Requests that propose other public amenities or which do
not meet the thresholds established will continue to have the option of
requesting an allocation from the Community Development Board (Tier 2 -
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Public Hearing Allocation Process). The proposal would streamline the pool
allocation process while also providing more structure to the Pool.
A new Table 1. Tier 1 Public Amenities Incentive Pool Criteria (Table 1)
identifies the following (summarized) bonus opportunities:
1. Incorporate rental residential units into project (applies to market rate
and affordable/workforce housing).
Proposed Bonus: 40% residential density in all Character Districts
2. Provide residential units (other options, would not include short-term
rentals; applies to market rate and affordable/workforce housing).
Proposed Bonus: 20% residential density in all Character Districts
3. Include Class A Office space in project.
Proposed Bonus: 25% FAR in Downtown Core and 20% FAR in
Prospect Lake
4. Construct hotel use with public function spaces.
Proposed Bonus: 25% FAR in Downtown Core
5. Achieve LEED Gold certification or equivalent.
Proposed Bonus: 35% residential density, 20% hotel density, and 20%
FAR in all Character Districts
6. Provide public parking within parking structure or pay into parking fund.
Proposed Bonus: 35% residential density, 20% hotel density, and 20%
FAR in all Character Districts
7. Build streetscape on all frontages that meets city's standards.
Proposed Bonus: 35% residential density, 20% hotel density, and 20%
FAR in all Character Districts
8. Include both EV-Ready and Level 2 charging parking spaces.
Proposed Bonus: 15% residential density, 10% hotel density, and 10%
FAR in all Character Districts
9. Provide public art or pay into public art fund.
Proposed Bonus: 10% residential density, 5% hotel density, and 5%
FAR in all Character Districts
The Table provides clear structure to developers who may need or want
additional development potential but do not want to negotiate which amenity or
amenities to incorporate and wait for a public hearing to confirm the allocation
is approved.
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, in its capacity as the Local Planning
Agency (LPA), will review the proposed amendments to the Community
Development Code at its meeting on April 18, 2023. Staff will report its
recommendation at the City Council meeting.
Planning and Development Assistant Director Lauren Matzke said the
Community Development Board on April 18, 2023 unanimously
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recommended Council approve the code amendments.
One individual supported incentivizing rental residential units in the
downtown core.
Ordinance 9664-23 was presented and read by title only.
Councilmember Allbritton moved to approve amendments to the
Community Development Code, Appendix C. Downtown District
and Development Standards, and pass Ordinance 9664-23 on first
reading. The motion was duly seconded and upon roll call, the vote
was:
Ayes: 5 - Mayor Aungst Sr., Vice Mayor Bunker, Councilmember Beckman,
Councilmember Allbritton, and Councilmember Teixeira
8.6 Approve the annexation, initial Future Land Use Map designation of Residential Low
(RL) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR)
District for certain residential real property described as Lot 7, Block D, Kapok Terrace
and pass Ordinances 9668-23, 9669-23, and 9670-23 on first reading.
(ANX2023-02003)
This voluntary annexation petition involves a 0.232-acre property with a
protected address consisting of one parcel of land occupied by a detached
dwelling. The property owner entered into an Agreement to Annex (ATA) with
the city in 2017 to receive sanitary sewer and solid waste service from the city
when sewer services were expanded to the Kapok Terrace neighborhood. The
property is now contiguous to existing city boundaries to the west and south,
and the property owner has requested annexation to receive city resident rates
for recreation card(s). It is proposed that the property be assigned a Future
Land Use Map designation of Residential Low (RL) and a Zoning Atlas
designation of Low Medium Density Residential (LMDR).
The Planning and Development Department determined that the proposed
annexation is consistent with the provisions of Community Development Code
Section 4-604.E as follows:
• The property currently receives water, sanitary sewer, and solid waste
service from the city and the required sewer impact and assessment
fees were paid in full at the time of connection. The property is located
within Police District III and service will be administered through the
district headquarters located at 2851 N McMullen Booth Road. Fire and
emergency medical services will be provided to this property by Station
#49 located at 565 Sky Harbor Drive. The city has adequate capacity to
serve this property with police, fire and EMS service. The proposed
annexation will not have an adverse effect on public facilities and their
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levels of service; and
• The proposed annexation is consistent with and promotes the following
objectives and policy of the Clearwater Comprehensive Plan:
Objective A.6.4 Due to the built-out character of the City of
Clearwater, compact urban development within the urban
service area shall be promoted through application of the
Clearwater Community Development Code.
Objective A.7.2 Diversify and expand the City's tax base through
the annexation of a variety of land uses located within the
Clearwater Planning Area.
Policy A.7.2.3 Continue to process voluntary annexations for
single-family residential properties upon request.
• The proposed Residential Low (RL) Future Land Use Map category is
consistent with the current Countywide Plan designation of the property.
This designation primarily permits residential uses at a density of 5
units per acre. The proposed zoning district to be assigned to the
property is the Low Medium Density Residential (LMDR) District. The
use of the subject property is consistent with the uses allowed in the
District and the property does not exceed the District's minimum
dimensional requirements. The proposed annexation is therefore
consistent with the Countywide Plan and the city's Comprehensive Plan
and Community Development Code; and
• The property proposed for annexation is contiguous to existing city
boundaries to the west and south; therefore, the annexation is
consistent with Florida Statutes Chapter 171.044.
Ordinances 9668-23, 9669-23, and 9670-23 were presented and
read by title only.
Councilmember Beckman moved to approve the annexation, initial
Future Land Use Map designation of Residential Low (RL) and
initial Zoning Atlas designation of Low Medium Density Residential
(LMDR) District for certain residential real property described as
Lot 7, Block D, Kapok Terrace and pass Ordinances 9668-23,
9669-23, and 9670-23 on first reading. The motion was duly
seconded and upon roll call, the vote was:
Ayes: 5 - Mayor Aungst Sr., Vice Mayor Bunker, Councilmember Beckman,
Councilmember Allbritton, and Councilmember Teixeira
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8.7 Deny the annexation, initial Future Land Use Map designation of Commercial General
(CG) and initial Zoning Atlas designation of Commercial (C) District for 1224 Adams
Avenue, and deny Ordinances 9645-23, 9646-23, and 9647-23 on first reading.
(ANX2022-11017)
This voluntary annexation petition involves a 0.313-acre property consisting of
one parcel of land occupied by a detached dwelling. The property is located on
the west side of Adams Avenue approximately 925 feet north of Lakeview
Road and is contiguous to existing city boundaries to the north, east, and west.
The applicant is requesting annexation in order to receive sanitary sewer and
solid waste service from the city. At the March 2, 2023 Development Review
Committee (DRC) meeting, the DRC recommended denial of the proposed
annexation due to inconsistences with the city's Comprehensive Plan and
Community Development Code, substandard right-of-way conditions, and a
lack of readily available city services, as further explained below.
The property is currently designated with the Commercial General (CG) future
land use category and R-4, One, Two & Three Family Residential zoning
district in Pinellas County. The proposed Commercial General (CG) Future
Land Use Map category is consistent with the current Countywide Plan
designation of the property. To maintain consistency between the city's future
land use category and zoning district, the property should be designated with
the city's Commercial (C) District.
The Planning and Development Department determined that, on balance, the
proposed annexation is inconsistent with the provisions of Community
Development Code Section 4-604.E as follows:
• Potable water service from the city is available to this property, but
currently the account is not active. Sanitary sewer service is not readily
available to this property as there is no sewer line along Adams
Avenue. The segment of Adams Avenue north of Pinellas Street on
which the subject property is located is Pinellas County's jurisdiction
and is substandard. The 30-foot-wide right-of-way is a dirt road in some
places and terminates adjacent to the subject property with a dead-end
and no area to safely turn around. Additionally, there is overgrown
vegetation near the intersection of Adams Avenue and Pinellas Street
which would obstruct city solid waste vehicles from entering the street.
These deficiencies impact the city's ability to provide solid waste service
without creating undue risk to persons and property.
The property is located within Police District II and service would be
administered through the district headquarters located at 645 Pierce
Street if this annexation petition were to be approved. Fire and
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emergency medical services would be provided to this property by
Station #47 located at 1460 Lakeview Road. Although the city has
adequate capacity to serve this property with potable water, police, fire
and EMS service, solid waste and sanitary sewer services are not
available to this property.
• The proposed annexation is inconsistent with and does not promote the
following policies of the Clearwater Comprehensive Plan:
Policy A.7.2.2 Provide for public facilities and/or improvements to
existing facilities to ensure an appropriate standard is met for areas
being considered for annexation.
Policy D.2.2.3 Provide collection service to every residential and
commercial location within the Clearwater City limits.
The city does not provide sanitary sewer service to properties on
Adams Avenue and is unable to provide solid waste service due to
the substandard condition of the existing right-of-way; therefore,
DRC is not recommending to annex it at this time. There is currently
no plan to extend sewer service to this area in the future.
• As previously stated, the proposed Commercial General (CG) Future
Land Use Map category is consistent with the current Countywide Plan
designation of the property, and to maintain consistency with the future
land use map, the proposed zoning district to be assigned to the
property is the Commercial (C) District. The CG future land use
designation primarily permits office, retail sales and service, and
overnight accommodations uses at an intensity of 0.55 FAR. The
subject property is an existing detached dwelling which is not a listed
use in the Commercial (C) District. The proposed annexation is
therefore consistent with the Countywide Plan, but is inconsistent with
the city's Comprehensive Plan and the use is inconsistent with the
Community Development Code; and
• The property proposed for annexation is contiguous to existing city
boundaries to the north, east, and west; therefore, the annexation is
consistent with Florida Statutes Chapter 171.044.
Ordinances 9645-23, 9646-23, and 9647-23 were presented and read
by title only.
Vice Mayor Bunker moved to deny the annexation, initial Future
Land Use Map designation of Commercial General (CG) and initial
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Zoning Atlas designation of Commercial (C) District for 1224
Adams Avenue, and deny Ordinances 9645-23, 9646-23, and
9647-23 on first reading. The motion was duly seconded and upon
roll call, the vote was:
Ayes: 5 - Mayor Aungst Sr., Vice Mayor Bunker, Councilmember Beckman,
Councilmember Allbritton, and Councilmember Teixeira
8.8 Approve a Future Land Use Map Amendment from the Residential Urban (RU)
category to the Commercial General (CG) category for a portion of property located at
1849 Gulf to Bay Boulevard and pass Ordinance 9666-23 on first reading.
(LUP2023-01001)
This Future Land Use Map Amendment involves a 0.125-acre portion of a
1.135-acre property located on the south side of Gulf to Bay Boulevard
approximately 540 feet east of Keene Road. The amendment area is the
southern 35 feet, more-or-less, of the subject property. The applicant, Jasmine
Naik Development, LLC, is requesting to amend the future land use category
of the amendment area from Residential Urban (RU) to Commercial General
(CG). The applicant has submitted a Zoning Atlas Amendment which is being
processed concurrently with this case (REZ2022-11007).
The property has been vacant since 2007, and historically the property was
developed with a restaurant use. The proposed Commercial General (CG)
category has a maximum density of 24 dwelling units per acre and a maximum
floor area ratio (FAR) of 0.55. The proposed Commercial General (CG)
category is compatible with the surrounding land use categories of Commercial
General (CG) and Residential Urban (RU), and uses, which consists of retail
and sales, restaurants, and detached dwellings. The proposed amendment
would allow the property to have one consistent future land use category of
Commercial General (CG). The applicant currently has a building permit in
review for a restaurant use.
The Planning and Development Department has determined that the proposed
future land use amendment is consistent with the provisions of the Clearwater
Community Development Code as specified below:
• The proposed amendment is consistent with the Comprehensive Plan
and the Countywide Plan Rules.
• The proposed amendment is compatible with the surrounding
properties and character of the neighborhood.
• Sufficient public facilities are available to serve the property.
• The proposed amendment will not have an adverse impact on the
natural environment.
• The proposed amendment will not have an adverse impact on the use
of property in the immediate area.
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The proposed City of Clearwater future land use category of Commercial
General (CG) is consistent with the Countywide Plan Map Retail & Services
(R&S) category; therefore, an amendment of the Countywide Plan Map is not
needed. In accordance with the Countywide Plan Rules, the land use plan
amendment will be accepted by Forward Pinellas, in its role as the Pinellas
Planning Council, and the Board of County Commissioners acting as the
Countywide Planning Authority, as an administrative item. The application is a
small-scale amendment so review and approval by the Florida Department of
Economic Opportunity is not required.
The Community Development Board reviewed this application at its February
21, 2023 public hearing and made a unanimous recommendation of approval
to City Council. However, due to an error with the public notice, the item will be
re-noticed and presented to the Community Development Board at its March
21, 2023 meeting, and will be presented to City Council at its April meetings.
Ordinance 9666-23 was presented and read by title only.
Councilmember Teixeira moved to approve a Future Land Use Map
Amendment from the Residential Urban (RU) category to the
Commercial General (CG) category for a portion of property located
at 1849 Gulf to Bay Boulevard and pass Ordinance 9666-23 on first
reading. The motion was duly seconded and upon roll call, the vote
was:
Ayes: 5 - Mayor Aungst Sr., Vice Mayor Bunker, Councilmember Beckman,
Councilmember Allbritton, and Councilmember Teixeira
9. Quasi-Judicial Public Hearings
9.1 Approve a Zoning Atlas Amendment from the Low Medium Density Residential
(LMDR) District to the Commercial (C) District for a portion of property located at 1849
Gulf to Bay Boulevard and pass Ordinance 9662-23 on first reading.
(REZ2022-11007).
This Zoning Atlas Amendment involves a 0.125-acre portion of a 1.135-acre
property located on the south side of Gulf to Bay Boulevard approximately 540
feet east of Keene Road. The amendment area is the southern 35 feet,
more-or-less, of the subject property. The applicant, Jasmine Naik
Development, LLC, is requesting to rezone the amendment area from the Low
Medium Density Residential (LMDR) District to the Commercial (C) District.
The applicant has submitted a Future Land Use Map Amendment, which is
being processed concurrently with this case (LUP2023-01001).
The property has been vacant since 2007, and historically the property was
developed with a restaurant use. The proposed Commercial (C) District is
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City Council Meeting Minutes April 20, 2023
compatible with the surrounding zoning districts of Commercial (C), Low
Medium Density Residential (LMDR), and Medium Density Residential (MDR),
and uses which consist of retail and sales, restaurants, and detached
dwellings. The proposed Commercial (C) District would also allow the property
to have one consistent zoning district across the entire property. The applicant
currently has a building permit in review for a restaurant use.
The Planning and Development Department has determined that the proposed
Zoning Atlas Amendment is consistent with the provisions of the Community
Development Code as specified below:
• The proposed amendment is consistent with the Comprehensive Plan
and the Community Development Code.
• The proposed amendment is compatible with the surrounding
properties and character of the neighborhood.
• The available uses in the Commercial (C) District are compatible with
the surrounding area.
• The proposed amendment will not adversely impact or unreasonably
affect the use of other property in the area.
• The proposed amendment will not adversely burden public facilities,
including traffic carrying capabilities of streets in an unreasonably or
disproportionate manner, and
• The proposed Commercial (C) District boundaries are appropriately
drawn in regard to location and classification of street, ownership lines,
existing improvements and the natural environment.
The Community Development Board reviewed this application at its February
21, 2023 public hearing and made a unanimous recommendation of approval
to City Council. However, due to an error with the public notice for the
companion Future Land Use Map Amendment (LUP2023-01001), that item
must be re-noticed and presented to the Community Development Board at its
March 21, 2023 meeting. This item is being continued and will be presented to
City Council at its April meetings.
Ordinance 9662-23 was presented and read by title only.
Councilmember Allbritton moved to approve a Zoning Atlas
Amendment from the Low Medium Density Residential (LMDR)
District to the Commercial (C) District for a portion of property
located at 1849 Gulf to Bay Boulevard and pass Ordinance 9662-23
on first reading. The motion was duly seconded and upon roll call,
the vote was:
Ayes: 5 - Mayor Aungst Sr., Vice Mayor Bunker, Councilmember Beckman,
Councilmember Allbritton, and Councilmember Teixeira
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10. Second Readings - Public Hearing
10.1Adopt Ordinance 9637-23 on second reading, amending the Comprehensive Plan by
modifying the Utilities Element, updating provisions related to potable water and
natural ground water aquifer recharge needs.
Ordinance 9637-23 as presented and read by title only.
Councilmember Beckman moved to adopt Ordinance 9637-23 on
second and final reading. The motion was duly seconded and upon
roll call, the vote was:
Ayes: 5 - Mayor Aungst Sr., Vice Mayor Bunker, Councilmember Beckman,
Councilmember Allbritton, and Councilmember Teixeira
10.2Continue to May 4, 2023: Adopt Ordinance 9662-23 on second reading, amending the
Zoning Atlas of the city by rezoning a portion of certain real property whose post office
address is 1849 Gulf to Bay Boulevard, Clearwater, Florida 33765, from Low Medium
Density Residential (LMDR) to Commercial (C).
10.3Continue to May 4, 2023: Adopt Ordinance 9666-23 on second reading, amending the
future land use element of the Comprehensive Plan to change the land use
designation for a portion of certain real property whose post office address is 1849
Gulf to Bay Boulevard, Clearwater, Florida 33765, from Residential Urban (RU) to
Commercial General (CG).
11. City Manager Reports
11.1Approve grant award recommendations for North Greenwood Community Grant
Program, Cultural Affairs Nonprofit Grant Program, and Education Grants and
Partnerships Program subject to negotiation and execution of grant agreements and
authorize administering department directors to execute same.
On December 12, 2022, the City of Clearwater made available applications for
three competitive grant award programs:
• North Greenwood Community Grant Program
o Administrator: Community Redevelopment Agency
• Cultural Affairs Nonprofit Grant Program
o Administrator: Office of Innovation - Cultural Affairs Division
• Education Grants or Partnerships Program
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City Council Meeting Minutes April 20, 2023
o Administrator: City Clerk Department
During the application period, the City issued a press release and used social
media and the city's webpage (myclearwater.com/arpa) to promote the grant
programs and call for applications. Additionally, staff conducted two training
workshops and provided guidance and technical assistance to numerous
interested applicants prior to the application deadline of February 15, 2023.
Each Program utilized a committee review process to evaluate and score the
proposed projects. In consideration of the reviews and rankings, city staff
compiled the grant awards and funding recommendations.
Upon Council approval, administering departments will prioritize negotiations
and executions of grant awards with funding of projects identified as summer
programming to take top priority.
APPROPRIATION CODE AND AMOUNT:
Funds are available in the following special programs to fund grant awards:
• G2210, ARPA North Greenwood CRA - North Greenwood Community
Grant Program
• G2216, ARPA Nonprofit Grants - Cultural Affairs Nonprofit Grant
Program
• G2217, ARPA Education Grants & Partnerships - Education Grants or
Partnership Program.
The Council recessed from 7:14 p.m. to 7:21 p.m.
Four individuals opposed the grant denials for The Blessed Ones and
requested their request be funded.
One individual supported funding the small North Greenwood
organizations that provide youth programming, housing services, or feed
those in need.
In response to questions, the City Attorney said, per Florida Statutes,
CRA funds may only be utilized to acquire real estate or improve
property. CRA funds may not be used for programming. Economic
Development and Housing Director Denise Sanderson said non-profit
organizations may use the public facilities CDBG funds to address
operating needs. She said there is a 15% cap on delivery of
services. CRA Executive Director Jaye Matthews said the CRA has
awarded funds to grant writers for organizations in North Greenwood
and the Urban Leadership Coalition was awarded a grant to fund
micro-grants to organizations in the community. She said she has
spoken to two applicants who were denied grant funding and
discussed how the application could be strengthened. Cultural Affairs
Coordinator Amber Brice said staff has discussed rewording the
cultural grant application or restructuring the grant program before the
remaining balance is reopened in July.
Councilmember Allbritton moved to approve grant award
recommendations for North Greenwood Community Grant
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City of Clearwater
City Council Meeting Minutes April 20, 2023
Program, Cultural Affairs Nonprofit Grant Program, and Education
Grants and Partnerships Program subject to negotiation and
execution of grant agreements and authorize administering
department directors to execute same. The motion was duly
seconded and carried unanimously.
Ayes: 5 - Mayor Aungst Sr., Vice Mayor Bunker, Councilmember Beckman,
Councilmember Allbritton, and Councilmember Teixeira
12. City Attorney Reports
12.1 Provide staff direction regarding Gotham's redevelopment of the old City Hall site.
On November 9, 2022, Clearwater voters approved the sale of the vacant site
of the former Harborview Center, along with the sale of the old City Hall site, to
Gotham Property Acquisitions and The DeNunzio Group (the Buyers).
Pursuant to the City's purchase-sale agreements (PSA's) with the Buyers, the
Buyers began their due diligence after the referendum concluded. Due
diligence is a common feature in commercial real estate transactions. It
provides a window of opportunity for a buyer to assess environmental and
topographic features relating to the land, and to continue their economic
market analysis relating to the buyer's intended use.
The results of due diligence on the former Harborview Center have proven
mostly satisfactory. When the former Harborview Center was demolished in
2017, the City decided at that time to leave the concrete foundations intact.
Those foundations will likely need to be removed prior to the Buyers'
construction of the new hotel, and the Buyers are asking the City to cover this
cost. In all other respects, the hotel and retail planned for the former
Harborview site are moving forward as scheduled. The Buyers intend to meet
the May 1, 2023 submittal deadline for site plan reviews occurring in June
2023.
As to the old City Hall site, the Buyers claim to have identified a financial gap of
approximately $80 million in a project contemplating 525 units. To elaborate,
the Buyers indicate that they projected a 5.53% untrended yield-on-cost (YOC)
in July 2022, based on construction of 600 apartment units. Through due
diligence, the Buyers now conclude that constructing even 525 apartment units
will produce an untrended YOC of only 4.24%. According to the Buyers, the
project must attain an untrended YOC of approximately 6.00%, or very close to
it, in order to remain financeable in light of today's investor expectations.
Details regarding Gotham's revised projections, along with their explanation,
are attached to this agenda item, along with portions of the original pro forma.
Gotham has indicated that the following terms, if acceptable to Council, would
be one way to fill the gap:
• Reduce the density of the project from 500-600 apartment units in a
twin tower configuration to 400 apartment units in a single tower
• Modify the parking arrangement to retain underground parking for a
majority of spaces, while allowing a substantial minority to be
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City of Clearwater
City Council Meeting Minutes April 20, 2023
constructed above-grade. The current agreement requires nearly all
parking to be constructed underground, while allowing "minimal surface
parking."
• Authorize zero interest seller financing whereby the City, instead of
receiving our $15.4 million at closing (end of 2024), would convey the
real estate and retain a full-price mortgage in favor of the City. No
payments would be made until 2033, at which time full payment of the
principal will be owed. The City will be required to subordinate its
remedies to those of"senior lenders."
➢ Alternatively, the purchase price could be reduced to $7.6
million (which was the 2021 appraised value based on
apartments, rather than condos) along with a 5-year delay in
payment, also at zero interest.
• The above modifications reduce the funding gap to $4 million. One way
to fill the remaining gap is to delete the pedestrian bridge from the
project. The bridge is currently budgeted at $4 million, with costs
divided 50/50 between the City and the Buyers. After deleting the
bridge, the City would instead identify an appropriate $2 million to
support the project in other ways.
• The updated concept plan may require additional time to close. The
current agreement requires the Buyers to close by the end of 2024, and
authorizes them to extend the closing by 90 days if they submit a
non-refundable extension fee of$200,000 to the City. An amended
agreement would create an additional window not to exceed 120 days,
with extension costs TBD.
Gotham has indicated they will be unable to finance the old City Hall site
without each of these modifications or financially equivalent modifications. In
return for accepting the amendments described above, Gotham has expressed
willingness to do the following:
• Improve the parking ratio from the 1:1 required by Code to at least
1.1:1
• Ensure that any above-ground parking is limited to two levels above
ground. In addition, no parking will be visible from Osceola Ave.
• Creation of a deadline (90 days to 120 days) by which the Buyers must
apply for site plan approval. If the Buyers fail to submit a complete
package within the new deadline, the City at its option may terminate
the development agreement and PSA.
• Gotham will defend and indemnify the City against any legal liability up
to $500,000
The City Attorney is seeking direction from the Council regarding the City's
position.
Option #1: Direct staff to begin the process of amending the development
agreement and PSA to align with the new terms above. A public hearing will
be scheduled before the Community Development Board (CDB) and a second
public hearing will be held in front of the City Council before a vote is taken.
Option #2: Decline the proposal and decline to offer a financial equivalent, in
which case Gotham will most likely withdraw from developing the old City Hall
site.
Option #3: Extend the due diligence period through August 31 and pay an
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City Council Meeting Minutes April 20, 2023
external financial expert to evaluate Gotham's proposal and recommend a
course of action. This option also provides city staff with sufficient time to fully
evaluate the proposed revisions and consider alternatives that have not yet
been considered.
In response to questions, the City Attorney said, per the current
arrangement, Gotham pays the City full value at time of closing. One option
would delay receipt of those funds for ten years. He said Council
insisted apartments be built, not condominiums. There are no changes to
parking and the City's contribution for the total project remains at $22
million. Gotham is looking to fill a financial gap; if the City's contribution
diminishes, the gap widens. Gotham has requested the deferral of the
$15.4 million and a reduction in density. He said the density reduction
can be a significant drop in CRA revenue, compared to the what the
project was supposed to be.
Gotham Development Team Representative Katie Cole said the City
selected Gotham Property Acquisitions and the DeNunzio Group for the
largest private development project in Downtown. The developers remain
committed to the project. The development team and consultants mobilized
in November for due diligence on the two sites, which included geotechnical
studies, environmental studies, soil borings, survey work, title review, refining
architectural schemes, insurance estimates, and discussions with
Goldman Sachs and Wells Fargo. She said based on the due diligence
findings, the team came to the conclusion that the proposed hotel, a
proven use in the hottest market on the west coast of Florida, would not
require significant changes to move forward. She said the architects,
engineers, landscape architects, and surveyors have put together the
full development package for site plan review next week for the
Development Review Committee. Ms. Cole said in order to diminish the
$80 million gap, the group decided to propose a new scheme with one
tower and raising one level of parking from underground. The new
scheme adds value engineering and shortens the construction timeline
and lease duration, providing a $56 million savings. She said the
pedestrian bridge was an easy way to close the gap but heard from staff
that the City did not support that idea. The group is looking to work with
the City to a find a way to close the financial gap.
In response to questions, Ms. Cole said the proposed change would bring up
one level of underground parking and provide additional parking on the
second upper level. The parking component would be enclosed. The
proposed project includes 400 units. The referendum question was the
best description of a vision. She said people voted for downtown
redevelopment and that is what the project proposes.
Three individuals spoke in support.
Two individuals spoke in opposition.
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One individual supported the pedestrian bridge and expressed concern
with how the proposed changes would impact the quality of the active edge
and the retail at the base of the apartment complex.
One individual said the interest rates may be coming down and that
higher unemployment brings lower labor costs.
In response to questions, Ms. Cole said the retail has reduced some; the
original plan identified a significant amount of retail on the rooftop of
the towers for future potential use. The team has provided crude
schematics in order to provide the estimates. She said the team has
identified approximately 19,000 sq. ft. in retail space, which is still to be
determined. The City Attorney said outside counsel will review some of
the details included in the development agreement, any amendments to
the agreement will require two public hearings. He said he anticipates
presenting the agreement to Council by August 31, 2023.
Discussion ensued regarding the proposed changes to the project. A
concern was expressed that the project being proposed is not what the
voters approved.
There was consensus for the City Attorney to move forward with the
process to amend the development agreement.
13. Closing comments by Councilmembers (limited to 3 minutes)
Councilmember Beckman thanked those who showed up at the meeting and
are engaged.
Vice Mayor Bunker said he hopes he didn't offend anyone when he took a
knee during the invocation provided by Pat Harney, the Church of
Scientology PR representative. In the past, Ms. Harney has read an excerpt
from L. Ron Hubbard but today read the Prayer of Total Freedom.
Councilmember Teixeira congratulated Sgt. Dan Loder who received the
Joseph Cornelius Family Foundation Officer of the Year Award, Samantha
Sheaffer who received the Rotary Telecommunicator of the Year Award, and
Officer Lauren Josey-Filer who received the Rotary Safety Service
Award. She congratulated Dan Slaughter on his next endeavor as Assistant
City Manager. She said she attended the Sister Cities dinner and was
excited to meet some of the children who will visit Nagano this summer.
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Councilmember Allbritton thanked all those who provide input on the
important decisions that have to be made, he said we do listen, we don't
always agree, but we listen.
14. Closing Comments by Mayor
15. Adjourn
Attest
City Clerk
Mayor Aungst, Sr. said it was a great meeting and thanked all who
attended.
The meeting adjourned at 9:29 p.m.
City of Clearwater
Mayor
City of Cleaater
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