03/13/2023 Council Work Session Meeting Minutes March 13, 2023
City of Clearwater
Main Library- Council Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
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Meeting Minutes
Monday, March 13, 2023
9:00 AM
Main Library - Council Chambers
Council Work Session
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City of Clearwater
Council Work Session Meeting Minutes March 13, 2023
Rollcall
Present 5 - Mayor Frank Hibbard, Vice Mayor Kathleen Beckman,
Councilmember Mark Bunker, 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 Hibbard
The meeting was called to order at 9:00 a.m.
2. Presentations - Given
2.1 Police Oaths
The City Clerk administered the Oath of Office to Police Officers Carl
Giardino and Fufoua Vang.
3. Office of Management and Budget
3.1 Amend the City's fiscal year 2022/23 operating and capital improvement budgets at
first quarter and pass Ordinances 9671-23 and 9672-23 on first reading.
The fiscal year 2022/23 operating and capital improvement budgets were
adopted in October 2022 by ordinances 9615-22 and 9616-22. Section 2.521
of the City's Code of Ordinances requires the City Manager to prepare a
quarterly report detailing income, expenditure estimates, collections, the
explanation of significant variances, as well as the financial status of all capital
improvement projects.
In response to questions, Budget Director Kayleen Kastel said the City has
received $135,281 from the Opioid Settlement Funds, thus far. The City
Attorney said there are different funding buckets from which the opioid
settlement will be distributed. He said Attorney General Moody's office has
taken over the litigation and as settlements are reached, funds will be
distributed. Council will decide how these funds that have been allocated to
the City will be used. Ms. Kastel said staff has created a special program for
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the funds; the monies will remain in the account until Council decides how to
spend them.
4. Economic Development and Housing
4.1 Approve Lease Renewal Option provided in the Lease Agreement dated August 10,
2018, between 600 Cleveland Street LLC (Landlord) and City of Clearwater, Florida, a
Florida Municipal Corporation (Tenant), for 600 Cleveland Street, Suite 600,
Clearwater Florida and authorize the appropriate officials to execute same. (consent)
The present lease term, which expires at midnight on January 31, 2024, shall
be extended for 60 months, to January 31, 2029, unless sooner terminated
pursuant to the terms of the lease. Per the original lease agreement, the 5-year
renewal option must be exercised 270 days prior to expiration or "on or before"
May 6, 2023, and rent payments will continue to increase at a rate of 3%
annually. A Renewal Term Rent Schedule, as provided in Exhibit A of
Landlord's Acknowledgement of Tenant's Exercise of Lease Renewal Option,
reflects the rents due and payable during the extended term of the Lease. All
terms and conditions of the original lease agreement shall remain unchanged.
The City of Clearwater currently leases 600 Cleveland Street Suite 600. Suite
600 serves as administrative offices for City Manager, Mayor and City Council,
City Attorney, City Clerk, Economic Development and Housing Department,
and Community Redevelopment Agency, each of which was formerly located in
City Hall until it was vacated in January 2019 for redevelopment purposes.
APPROPRIATION CODE AND AMOUNT:
Funding for the current year portion of this agreement is available in General
Fund Non-Department cost code 0107010-544200, Rentals-Building. Future
year funding will be requested annually as part of the budget process.
5. Finance
5.1 Approve the purchase of excess property insurance, including Bridges, Auto Physical
Damage, Boiler and Machinery and Terrorism coverages, from April 1, 2023 to April 1,
2024, at the level of insurance provided for in this agenda item, at an amount not to
exceed $5,100,000 and at the property rate of$0.5389 per $100 of values, and
authorize the appropriate officials to execute same. (consent)
Risk Management requested Arthur J. Gallagher and Co. to obtain quotes for
the property insurance program expiring April 1, 2023. After a review of quotes
received, staff requested the renewal of property coverage with a layer of
coverage limits provided by various carriers.
The current property coverage with Berkshire Hathaway and additional
sub-carriers expires on April 1, 2023. This renewal will provide Named
Windstorm coverage at $50 million, and flood insurance at $50 million on an
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aggregate basis, both a decrease from the current $75 million levels. The
self-insured retention (SIR) will remain at 5% for named storms subject to
$100,000 minimum per occurrence, and no maximum deductible. The annual
renewal will continue to be subject to a loss ratio provision of 100% for Named
Windstorm and 40% for all other perils. The renewal premium for property is
$4,706,789.
Auto Physical Damage will be a separate renewal policy due to property
insurers declining to renew this coverage in the property program. Ambridge
(the City's Liability carrier) will provide coverage beginning April 1, 2023, with a
$1 million limit in excess of$100,000 Self-Insured Retention for a pro-rata
premium of$64,973. This will be included in the excess liability renewal on
October 1, 2023 going forward.
The City's bridge program is a stand-alone policy and includes Sand Key
Bridge, Mandalay Channel pedestrian bridge and the McMullen Booth
pedestrian overpass. This renewal is a 50/50 shared capacity between Zurich
and Chubb to maintain the $50 million Named Windstorm and Flood policy
limits. The renewal bridge policy has a deductible of$100,000 per occurrence
for all other perils and earthquakes for the Mandalay Channel and McMullen
Booth bridges, and $1 million for the Sand Key bridge. The Self-Insured
Retention (SIR) for Flood and Named Windstorm is 5% of the total covered
value of a loss, subject to a $500,000 minimum. The annual aggregate limit for
the perils of Earthquake/Flood/Named Storm is $50 million each and
$82,938,010 million for all other perils. The renewal premium is $192,170.
This renewal maintains our current coverage for Terrorism - Property & Liability
coverage limits at $25 million for property damage and $10 million for liability
for a premium of$27,936.
The City also purchases a separate policy which provides Nuclear, Biological,
Chemical & Radioactive Terrorism coverage with limits of$3 million, for a
premium of$30,112.
The renewal for Boiler and Machinery Coverage will remain at $200 million with
a premium decrease for a total of$78,020.
Total premiums for these renewals are estimated to be $5,100,000. This
represents an increase of 58% in premium and 47% increase in rate from last
year.
Risk Management agrees that these recommended coverages will continue to
cover the City's property risks at levels and rates which represent a reasonable
insurance program for the City.
APPROPRIATION CODE AND AMOUNT:
5907590-545100 $5,100,000
In response to questions, Risk Manager Tom Morrone said the item before
Council are estimates as the policies approach their April 1 renewals.
Ghallegher representative Michael Gillam said information regarding the
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renewal increase ranges for other municipalities is available. The City's
increased renewal rate is consistent with the renewal rates for other similar
cities. He said some municipalities are choosing to take large flat dollar
deductibles in the $50 to $100 million range and self fund in lieu of the
increased renewal rate. Some municipalities are cutting back limits
dramatically to limit spending. Mr. Gillam said the City reduced the policy to
$50 million to reduce cost and remain within a safe level. Prior to Hurricane
Ian, reinsurance market was artificially deflated in pricing due to many
carriers buying cheap reinsurance. He said the rates should have trickled up
over the last five years.
Staff was requested to provide information on the insurance policy for the
pedestrian bridge on McMullen Booth Road.
6. Gas System
6.1 Accept a Gas Utility Easement from VC Clearwater Senior Housing LTD, for the
construction, installation, and maintenance of gas utility facilities on real property
located at 2425 N. McMullen Booth Road, Clearwater, FL 33759. (consent)
VC Clearwater Senior Housing LTD (Grantor) has granted a non-exclusive
five-foot wide natural gas easement, on property located at 2425 N. McMullen
Booth Rd, Clearwater, FL 33759, (Parcel I D#, 33-28-16-00000-220-0100) for
the installation of a natural gas distribution line. This line will serve commercial
business. The easement grant is sufficient for the City to maintain and replace
its facilities as necessary in perpetuity, or until such time as the City
determines to abandon its use.
7. Parks and Recreation
7.1 Continue to April 20, 2023: 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)
Case is being continued because the notice advertisement did not run as
scheduled.
7.2 Continue to April 20, 2023: 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)
Case is being continued because the notice advertisement did not run as
scheduled.
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7.3 Approve events budget of$482,000 from general fund reserves for the grand opening
of Coachman Park to be held from June 28 through July 4, 2023, and authorize the
appropriate officials to execute same. (consent)
After seven years of planning and construction, Imagine Clearwater, officially
known as Coachman Park will be opened to the public on June 28, 2023.
A week of events are being planned for the grand opening of Coachman Park
beginning with a ribbon cutting ceremony and ending with an exciting and
patriotic event on the Fourth of July with The Florida Orchestra in concert
followed by the largest fireworks display ever produced in Clearwater.
In partnership with Ruth Eckerd Hall there will be a variety of entertainment
both ticketed and free throughout the eight-day celebration in the new 4,000
covered seat Performance Venue.
A variety of events and entertainment will be provided to appeal to every
segment of our community including children's activities, celebrating diversity
concert and programs, touch-a-truck event, exercise classes, giveaways,
running events, buskers, street performers, dance classes, farmers market, car
show, concerts, educational exhibits, etc.
Staff is recommending a budget of$482,000 to produce the eight-day event
with the largest cost being $100,000 for fireworks, $85,000 for The Florida
Orchestra, $70,000 for other entertainment, $32,500 for Jolley Trolley Park and
Ride Circulator and $30,000 for Tunnels to Towers Exhibit.
Not included in this budget is the cost for public safety. Costs for public safety
are contingent upon the approved itinerary for the Grand Opening. Another
agenda item will be forthcoming to address these costs.
APPROPRIATION CODE AND AMOUNT:
A mid-year budget amendment will provide a transfer of$482,000 from
General Fund reserves, to establish special program PRSE230001, Special
Events @ Coachman Park, to fund these activities.
USE OF RESERVE FUNDS:
Funding for this contract will be provided by a mid-year budget amendment
allocating General Fund reserves in the amount of$482,000 to special
program PRSE230001, Special Events @ Coachman Park. Inclusive of this
item if approved, a net total of$1,102,870 of General Fund reserves has been
appropriated by Council to fund expenditures in the 2022/23 operating budget.
The remaining balance in General Fund reserves after the 8.5% reserve is
approximately $41.8, or 22.8% of the current General Fund operating budget.
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Downtown Core/Venue General Division Manager Kris Koch and Public
Communications Director Joelle Castelli provided a PowerPoint presentation.
In response to questions, Mr. Koch said staff is still mapping out the lay out
for the Tunnels to Towers exhibit. The budget request includes a free Jolley
Trolley circulator that will take individuals from the garages to the active
areas of the park, particularly in the first week. Traffic Engineering Manager
Omar Attallah said the Police Department will deploy signage to direct the
public. Staff has approached Pinellas County to post park events on Google
map to help learn how to funnel and divert traffic. Mr. Koch said there are
different ways to approach food and beverage service, food trucks could be
brought in at no cost, or the City and purchase the goods and resell them.
Staff has not determined which method the City will employ. It is
recommended to pay for the buskers for the opening to ensure better
entertainment. He said the Florida Orchestra concert will be free but there
will be a need to meter the event to track capacity, staff is still considering
options. The City is using two days of its 10 allocated days to use the venue
for the grand opening events. Ms. Castelli said the survey responses were
categorized into different responses. Mr. Koch said there will be six Jolley
Trolleys. Interim Parks and Recreation Director Art Kader said staff will bring
another agenda item to address parking, police, fire, and safety concerns.
Mr. Koch said staff will use metrics to determine the number of portable
restrooms needed for the event based on anticipated attendees.
Discussion ensued regarding the grand opening ribbon cutting event. There
was consensus for staff to plan a morning event.
8. Public Works
8.1 Approve the request from Triprop Clearwater LLC, the owner of property addressed
400 Coronado Drive, Clearwater, to vacate a portion of a 70-foot-wide platted
Right-of-Way, lying west of lots 72 - 76, Lloyd-White-Skinner Subdivision, as recorded
in Plat Book 13, Pages 12 - 13, of the Public Records of Pinellas County, Florida,
subject to certain conditions, and pass Ordinance 9649-23 on first reading.
The property owner at 400 Coronado Dr., Clearwater, has requested that the
City vacate a portion of the 70-foot-wide platted Right-of-Way along the
western lot line of 400 Coronado Dr. The Western portion of said Right-of-Way
will remain as Public Right-of-Way.
The purpose of this vacation is to accommodate improvements to the hotel
development currently taking place.
A construction permit has been obtained and the site is currently under
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construction.
There are city and private utilities present within the subject property. All the
existing utilities will be relocated at the property owner's expense. As a
prerequisite to the effectiveness of the vacation, all conditions must be met and
approved by the City. City staff have reviewed this vacation and have no
objection subject to the conditions of the ordinance.
8.2 Approve the Easement Vacation request from the owner of property addressed 2584
Deer Run East, Clearwater to vacate a portion of a 10-foot Platted public utility
easement, located on Lot 1 of Block F, Northwood Estates, - Tract F, according to the
map or plat thereof as recorded in Plat Book 77, Pages 46-47, Public Records of
Pinellas County, Florida, and pass Ordinance 9667-23 on first reading.
The property owner at 2584 Deer Run East, Clearwater, has requested that the
City vacate a portion of a 10-foot Platted utility easement along the rear
property line.
The purpose of this vacation is to allow for installation of a pool deck.
There are no city or private utilities within this easement. City staff have
reviewed this vacation and have no objection.
8.3 Approve a Joint Participation Agreement (JPA) with Florida Department of
Transportation (FDOT) for the implementation of V21 Pedestrian Warning system
connected vehicle project on Alt 19 (23-0006-EN), in the amount of$452,000 of which
$361,600 is to be reimbursed by FDOT and authorize the appropriate officials to
execute same. (consent)
The City of Clearwater endorses the Safe Streets Pinellas Action Plan and
efforts towards zero traffic-related deaths by 2045. A systematic approach is to
deploy a V21 Pedestrian Warning System connected vehicle technology to
improve pedestrian safety. Connected vehicle technology will provide
notifications to drivers that pedestrians are present along a portion of the
ALT19 corridor in city limits, from Cleveland St. to Belleair Rd.
FDOT agrees to participate in funding the implementation of the V21
Pedestrian Warning System with the City of Clearwater through JPA FPN
451403-1-58-01 in an amount not to exceed $361,600 to be reimbursed for the
procurement of 9 Roadside Units, 2 On-Board Units, 4 video analytic detection
systems and signal system software upgrades in the Clearwater Traffic
Management Center (TMC), including all ancillary equipment and cabling
necessary to complete the project.
The City will contribute $90,400 of the $3.5M ARPA-related funds towards this
project to improve the city's traffic management system by integrating an
intelligent traffic system and collaborating with regional partners, FDOT and
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Pinellas County.
Roadside Units will be located at the following Intersections:
1. ALT US 19 / MYRTLE AVENUE AND CHESTNUT STREET
2. ALT US 19 / MYRTLE AVENUE AND COURT STREET
3. ALT US 19 / MYRTLE AVENUE AND CLEVELAND STREET
4. ALT US 19 /COURT STREET AND MLK JR AVENUE
5. ALT US 19 / MISSOURI AVENUE AND BELLEAIR ROAD
6. ALT US 19 / MISSOURI AVENUE AND LAKEVIEW ROAD
7. ALT US 19 / MISSOURI AVENUE AND CLEARWATER PLAZA DRIVE
8. ALT US 19 / MISSOURI AVENUE AND DRUID ROAD
9. ALT US 19 / MISSOURI AVENUE AND COURT STREET
A future item will be brought forward for the purchase of the system once a
vendor has been selected. The City's portion will be funded from $3.5 million of
General Fund budget allocated by Council during fiscal 2022 to fiber upgrades
and broadband connectivity. This General Fund allocation was possible due to
ARPA revenue recovery used to partially fund Police salaries and wages for
fiscal 2022.
In response to questions, Traffic Engineering Manager Omar Attallah said
analytic radars will capture movements in the intersection, analyze the data,
and communicate the data through the system. The system will capture
pedestrians, as well as vehicles. The technology may provoke responses of
smart vehicles in certain conditions, vehicles with auto stop may help to
lessen crash conditions. He said traffic signal timing will be more responsive
in later stages of the program. The pilot project will end by 2025.
8.4 Approve the final plat for Oaks of Clearwater Subdivision, whose physical address is
420 and 432 Bay Avenue, located west of Bay Avenue and Chestnut Street. (consent)
This plat will create 2 lots from the overall parcel consisting of 4.32 acres.
Lot 1 will be for the existing retirement home and the construction of a 2-story
parking garage/ retail plaza. Lot 2 will remain vacant for future development.
This was approved through the Development Review Community (DRC) on
July 7, 2022.
In response to a question, Planning and Development Assistant Director
Lauren Matzke said the property owner has an approved development order
for a parking garage with ground floor retail. The traffic analysis was
conducted as part of the development application.
In response to a comment, the City Attorney said city code requires that the
plat be placed on the Consent Agenda and may be taken off consent via a
supermajority vote.
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8.5 Approve the final plat for Foster Groves, whose physical address is 1970 Abbey Lake
Road, located 230 feet north of Sunset Point Road. (consent)
This plat will create 2 lots from the overall parcel consisting of 2.29 acres.
Lot 1 will be for the existing detached dwelling use consisting of 0.48 acres. Lot
2 will remain vacant for future detached dwelling use consisting of 1.81 acres.
This was approved through the Development Review Committee (DRC) on
April 7, 2022.
9. Planning
9.1 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 1754 West Manor Avenue, and pass Ordinances 9653-23, 9654-23, and
9655-23 on first reading. (ANX2023-01001)
This voluntary annexation petition involves a 0.193-acre property consisting of
one parcel of land occupied by a detached dwelling. The property is located on
the west side of West Manor Avenue, east of the intersection of Calumet Street
and North Belcher Road. The applicant is requesting annexation in order to
receive sanitary sewer and solid waste service from the city. The property is
contiguous to existing city boundaries to the north, south, and east. 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 service from the county. The
closest sanitary sewer line is located in the adjacent West Manor
Avenue right-of-way. The applicant is aware that the city's sewer impact
and assessment fees must be paid in full prior to connection and of the
additional costs to extend city sewer service to this property. The
property is located within Police District III and service will be
administered through the district headquarters located at 2851
McMullen Booth Road. Fire and emergency medical services will be
provided to this property by Station #48 located at 1700 North Belcher
Road. The city has adequate capacity to serve this property with
sanitary sewer, solid waste, police, and fire and EMS service. The
proposed annexation will not have an adverse effect on public facilities
and their levels of service; and
• The proposed annexation is consistent with and promotes the following
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objectives and policy of the Clearwater Comprehensive Plan:
Objective A.2.2 Future land use in the City of Clearwater shall be
guided by the city's Future Land Use Map, which shall be consistent
with the Countywide Plan for Pinellas County (The Countywide Plan)
including the Countywide Plan Map and shall be implemented through
the city's Community Development Code.
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 exceeds the district's minimum dimensional
requirements. The proposed annexation is therefore consistent with the
Countywide Plan and the City's Comprehensive Plan and Community
Development Code; and
• The property proposed for annexation is contiguous to existing city
boundaries to the north, south, and east; therefore, the annexation is
consistent with Florida Statutes Chapter 171.044.
9.2 Approve the annexation, initial Future Land Use Map designations of Residential Low
(RL) and Water/Drainage Feature Overlay and initial Zoning Atlas designation of Low
Medium Density Residential (LMDR) District for 1719 Owen Drive, and pass
Ordinances 9656-23, 9657-23, and 9658-23 on first reading. (ANX2023-01002)
This voluntary annexation petition involves a 0.201-acre property consisting of
one parcel of land occupied by a detached dwelling. The property is located on
the east side of Owen Drive approximately 340 feet north of State Road 590.
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The applicant is requesting annexation in order to receive sanitary sewer and
solid waste service from the city. The property is contiguous to existing city
boundaries to the north and east. It is proposed that the property be assigned
Future Land Use Map designations of Residential Low (RL) and
Water/Drainage Feature Overlay and a Zoning Atlas designation of Low
Medium Density Residential (LMDR).
The Planning and Development Department determined that the proposed
annexation is consistent with the provisions of Community Development Code
Section 4-604.E as follows:
• The property currently receives water service from the county. The
closest sanitary sewer line is located in the adjacent Owen Drive
right-of-way. The applicant is aware that the city's sewer impact and
assessment fees must be paid in full prior to connection and of the
additional costs to extend city sewer service to this property. The
property is located within Police District III and service will be
administered through the district headquarters located at 2851
McMullen Booth Road. Fire and emergency medical services will be
provided to this property by Station #48 located at 1700 North Belcher
Road. The city has adequate capacity to serve this property with
sanitary sewer, solid waste, police, and fire and EMS service. The
proposed annexation will not have an adverse effect on public facilities
and their levels of service; and
• The proposed annexation is consistent with and promotes the following
objectives and policy of the Clearwater Comprehensive Plan:
Objective A.2.2 Future land use in the City of Clearwater shall be
guided by the city's Future Land Use Map, which shall be consistent
with the Countywide Plan for Pinellas County (The Countywide Plan)
including the Countywide Plan Map and shall be implemented through
the city's Community Development Code.
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.
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Policy A.7.2.3 Continue to process voluntary annexations for
single-family residential properties upon request.
• The proposed Residential Low (RL) Future Land Use Map category is
consistent with the current Countywide Plan designation of the property.
This designation primarily permits residential uses at a density of 5
units per acre. The Water/Drainage Feature Overlay proposed to be
applied to the property will recognize the existing drainage easement on
the property. The proposed zoning district to be assigned to the
property is the Low Medium Density Residential (LMDR) District. The
use of the subject property is consistent with the uses allowed in the
district and the property exceeds the district's minimum dimensional
requirements. The proposed annexation is therefore consistent with the
Countywide Plan and the City's Comprehensive Plan and Community
Development Code; and
• The property proposed for annexation is contiguous to existing city
boundaries to the north and east; therefore, the annexation is
consistent with Florida Statutes Chapter 171.044.
9.3 Approve amendments to the 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)
City Council discussed proposed Ordinance No. 9643-23 at its February 16,
2023 meeting, and during that meeting there was consensus to make a limited
number of changes to the Ordinance prior to completing a first reading.
Therefore, City Council continued this item to the March 16, 2023 meeting to
allow time to notice the revised item.
Proposed Ordinance No. 9643-23 addresses many topics, and the majority are
as originally presented to the City Council. The following changes were made
to the Ordinance based on City Council direction:
• Removed proposal to prohibit the use of LED rope/ribbon lighting
around windows and doors [deleted from Ordinance Section 11]
• Modified proposed standards for attached electronic changeable
message signage to remove previously proposed minimum venue size
(750 seats), establish that only performing arts theaters can utilize this
type of signage, and clarify that such theaters located on multiple
frontages may have such signage on no more than two street frontages
[modified Ordinance Section 11, page 16]
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• Modified standards for fencing for community gardens to permit fences
of up to six feet in height along front property line(s) provided it is open
style if taller than four feet, as recommended by the Community
Development Board at its January 17, 2023 meeting [modified
Ordinance Section 14, pages 17-18]
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.
In response to a question, Planning and Development Assistant Director
Lauren Matzke said the proposed ordinance would allow community gardens
to have 6-foot fences.
9.4 Continue to April 4, 2023: 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
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properties and character of the neighborhood.
• Sufficient public facilities are available to serve the property.
• The proposed amendment will not have an adverse impact on the
natural environment.
• The proposed amendment will not have an adverse impact on the use
of property in the immediate area.
The proposed City of Clearwater future land use category of Commercial
General (CG) 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.
9.5 Continue to April 4, 2023: 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
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
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Council Work Session Meeting Minutes March 13, 2023
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.
9.6 Continue to April 20, 2023: Approve amendments to the Clearwater Downtown
Redevelopment Plan regarding the Public Amenities Incentive Pool and pass
Ordinance 9663-23 on first reading.
Proposed Ordinance No. 9663-23 proposes changes to the Public Amenities
Incentive Pool to enable the City to establish a two-tiered allocation process for
units and/or floor area from the Pool in the Community Development Code
(see companion case TA2023-01001). Staff is requesting to continue this item
to the April 20, 2023 city council meeting.
9.7 Continue to April 20, 2023: Approve amendments to the Community Development
Code, Appendix C, Downtown District and Development Standards, and pass
Ordinance 9664-23 on first reading. (TA2023-01001)
Proposed Ordinance No. 9664-23 establishes a two-tiered allocation process
for units and/or floor area from the Public Amenities Incentive Pool. Staff is
requesting to continue this item to the April 20, 2023 city council meeting.
10. Public Utilities
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10.1Authorize an increase to purchase order for Xylem Water Solutions USA, Inc, for the
purchase and repair of lift station pumps, in the total amount of$400,000.00,
increasing the not-to-exceed amount for the current year from $500,000.00 to
$900,000.00; additionally increase Xylem Water Solutions USA's following year
contract from $500,000.00 to $900,000.00; and authorize the appropriate officials to
execute same. (consent)
Over the past two years, the cost of purchasing new pumps has nearly
doubled, and the cost of repairs has increased significantly as well. In addition,
the estimated delivery lead time has quadrupled. Xylem Water Solutions USA,
Inc does give the City a 9.5% discount off list prices.
On May 5, 2022, Council approved a sole-source purchase to Xylem Water
Solutions USA, Inc in the annual not-to-exceed amount of$500,000.00. As of
March 2023, the remaining available balance is $9,489.33. Due to the
escalating cost of repair parts and new equipment, staff is requesting
additional funds in the amount of$400,000.00 for the current contract year. In
addition, staff is requesting that purchase order year two be increased from
$500,000.00 to $900,000.00.
There are not enough funds available on this year's contract to place orders to
repair and/or replace needed pumps. Even though these orders may not be
fulfilled until year 2, the department is requesting this increase to guard against
violating city code.
APPROPRIATION CODE AND AMOUNT:
Budgeted funds for FY23 are available in various Public Utilities operating cost
centers, cost code 550400 Operating Supplies and 546200 Repairs & Svc -
Other Equipment.
In response to questions, Public Utilities Director Rich Gardner said Council
previously approved a 3% increase over five years which should cover the
cost of the repair. Staff checks and compares rates annually.
10.2Authorize an increase to purchase order to Envirowaste Services Group, Inc. of
Palmetto Bay, FL, for emergency and non-emergency pumping and Cankering
services, in the amount of$40,000.00, increasing the annual not-to-exceed amount
from $125,000.00 to $165,000.00 through the term of the contract, September 13,
2023, and authorize the appropriate officials to execute same. (consent)
On October 6, 2022, Council approved a purchase order to Envirowaste
Services Group, Inc., for emergency and non-emergency pumping and
tankering services for preventative maintenance at lift stations, Water
Production Facilities and Water Reclamation Facilities (WRF) located within
the Public Utilities Department's service area. The approved purchase is an
annual not-to-exceed amount of$125,000.00. The City piggybacked from
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Council Work Session Meeting Minutes March 13, 2023
Pinellas County contract#22-0073-B-BW.
Due to an increase in emergency usage as well as an increase in
non-emergency use of the contract, an additional $40,000.00 is anticipated to
be needed until the end of the initial contract term September 13, 2023. The
optional four one-year renewals approved by Council in October 2022 will
remain at the original approved amount and terms.
APPROPRIATION CODE AND AMOUNT:
Budgeted funds for FY23 are available in various Public Utilities operating cost
centers, cost code 530300 Contractual Services.
10.3Authorize a purchase order(s) to Harrington Industrial Plastics of Dallas, TX and
American Fabric Filter Co., Inc. of Wesley Chapel, FL, for a cumulative annual
not-to-exceed amount of$160,000.00 for the period of March 17, 2023 through March
16, 2024, with the option for two, one-year renewals at the City's discretion, at
not-to-exceed amounts of$175,000.00 for year two and $193,000.00 for year three,
pursuant to Invitation to Bid 10-23, Reverse Osmosis Plant Cartridge Filters, and
authorize the appropriate officials to execute same. (consent)
Invitation to Bid (ITB) #10-23 Reverse Osmosis (RO) Plant Cartridge Filters
was issued on January 17, 2022. Six bids were received on February 20,
2023, and were considered responsive to the requirements set forth in the
solicitation. Harrington Industrial Plastics and American Filter Co., Inc. were
selected as the lowest, most responsible bidders for Reverse Osmosis Plant
Cartridge Filters. Award recommendation is as follows:
Harrington Industrial Plastics: R01 Primary Filter, R02 Primary Filter and R01
Alternate Filter
American Fabric Filter Co., Inc.: R02 Alternate Filter
To ensure a continuity of supply, the Public Utilities Department requests the
flexibility to use either vendor as a secondary provider and will allocate a
cumulative annual not-to-exceed amount of$160,000.00 between these
contractors to provide cartridge filters as needed.
Public Utilities Department operates two reverse osmosis water treatment
plants that are equipped with cartridge filter pretreatment. The cartridge filters
remove particulate matter such as sand, grit, etc. from the source water to
protect the Reverse Osmosis Membranes. Cartridge filter usage rates are
determined by the quality of the water source, pre-treatment system efficiency
and RO cleaning frequency. Historical cartridge filter life ranges between 3 to
120 days depending on these factors. The contract quantities have taken these
life ranges into account.
The initial contract period will be from March 17, 2023, to March 16, 2024, with
the option for two, one-year renewal terms. Contract renewals allow for pricing
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Council Work Session Meeting Minutes March 13, 2023
increases based on the appropriate PPI Index. Public Utilities request for
funds is based on filter changeout determined by an evaluation of past usage.
APPROPRIATION CODE AND AMOUNT:
Budgeted funds for FY23 are available in Public Utilities' cost centers, cost
code 550400 Operating Supplies.
Funding for future fiscal years (FY24 through FY26) will be requested within
contract calendar and spending limits.
10.4Authorize a purchase order to Shannon Chemical Corporation of Malvern, PA for the
supply of a dry blended poly/ortho corrosion control chemical in an annual
not-to-exceed amount of$177,000.00, for the period of March 30, 2023 through
March 29, 2024, with the option for two, one-year renewals at the City's discretion at
not-to-exceed amounts of$195,000.00 for year 2 and $214,000.00 for year 3, with the
ability to increase each renewal by the percentage of the appropriate PPI index,
pursuant to Invitation to Bid 12-23, Corrosion Control Chemical and authorize the
appropriate officials to execute same. (consent)
Invitation to Bid (ITB) #12-23, Corrosion Control Chemical was issued on
December 22, 2022. Three bids were received on January 31, 2023.
Shannon Chemical Corporation of Malvern, PA., represents the lowest
responsive, responsible bidder for Corrosion Control Chemical.
This chemical is a dry blended poly/orthophosphate compound that is fed at all
water treatment plants. This chemical's purpose is to reduce the corrosion of
metal pipes in our distribution system and private plumbing systems. For over
30 years, the City has used corrosion control chemicals to meet the
requirements of the EPA's Lead and Copper rule and ensure the safety of its
drinking water.
The initial contract period will be March 30, 2023, through March 29, 2024, with
the option for two, one-year renewal terms available to the City. Renewal
Terms allow for cost increases based on the Producer Price Index#061302
Inorganic Chemicals; renewal prices shall be firm for the respective annual
term. The estimated pounds per day were provided by the bidding vendors.
Public Utilities adds corrosion control chemicals to target at least a 1.0 mg/L
total phosphorus residual in its drinking water. Historical usage, supply, and
water quality variability has indicated the need to add additional chemicals to
achieve this target. Public Utilities is requesting funds to cover this additional
usage, should the need arise.
APPROPRIATION CODE AND AMOUNT:
Budgeted funds for FY23 are available in Public Utilities' cost centers, cost
code 551700 Bulk
Chemicals.
Funding for future fiscal years will be requested within contract calendar and
spending limits.
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Council Work Session Meeting Minutes March 13, 2023
11. Solid Waste
11.1Authorize a purchase order to Ring Power Corporation for the maintenance, purchase
and rental of generators, transfer switches, replacement parts, and services, in the
not-to exceed amount of$600,000.00 through September 30, 2023 in accordance
with Clearwater Code of Ordinances Section 2.563(1)(c), Piggyback or cooperative
purchasing, and authorize the appropriate officials to execute same. (consent)
Most purchases and rentals for Building & Maintenance's (B&M) and Public
Utilities' generator and transfer switches (B&M), as well as services and
repairs, replacement parts, and load banking have been made by piggybacking
contracts.
This request will follow the piggyback contract(s) as listed below:
Ring Power Corporation:
Piggyback Sarasota County IFB #191778JSO - Service, Maintenance and
Purchase of Xylem and Caterpillar Equipment; valid through February 4, 2024.
This piggyback will be used for services.
Ring Power Corporation:
Piggyback Sourcewell #120617 (CAT) - Electrical Energy Power Generation
with Related Parts, Supplies and Services; contract term valid through
November 22, 2026. This piggyback contract will primarily be used for
Caterpillar rentals as needed. Ring Power is the authorized Caterpillar dealer
under this contract. This contract may also be used to procure Caterpillar parts
at a discounted rate.
APPROPRIATION CODE AND AMOUNT:
FY23 5666611-546500
FY23 3277327-563800-96664
Future fiscal year funds subject to annual budget approval
11.2Approve an amendment and extension to a Service and Access Agreement dated July
1, 2002, between L3Harris Technologies, Inc. and the City of Clearwater (City), and
two related site license agreements between L3Harris Technologies, Inc. and the City
and between the State of Florida and the City respectively, all for a term ending on
September 30, 2027, authorize an associated contract in a not-to-exceed amount of
$1,977,893.78 paid over the next 4.5 years broken into quarterly payments, and
authorize the appropriate officials to execute same. (consent)
On July 1, 2002, the City of Clearwater and M/A-COM Private Radio Systems,
Inc. (M/A-COM) entered into a 20-year Service and Access Agreement
(Agreement) for the maintenance of the Clearwater Radio System, including
two communication towers and associated facilities. L3Harris is the successor
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Council Work Session Meeting Minutes March 13, 2023
in interest to MA/COM. L3Harris supports and maintains the City of
Clearwater's radio system and associated communication towers under the
Agreement. The Agreement provides for quarterly payments, adjusted annually
based on current use and performance as well as changes in the Consumer
Price Index (CPI) through the contract term which is set to expire on March 31,
2023.
On July 1, 2021, L3Harris entered into an agreement with the State of Florida
(State) for the management of the State's Statewide Law Enforcement Radio
System pursuant to terms specified by the Florida Legislature. Pursuant
thereto, L3Harris was required to assign its license rights in one of the two City
telecommunication towers, the Waste Pollution Control Plant Tower (also
referred to as the Dunedin Tower), to the State via a Partial Assignment and
Amendment of Site License Agreement (Assignment) which was entered into
on January 24, 2022.
The Missouri Road Tower remains licensed to L3Harris and the company
continues to be responsible for the maintenance and upkeep of both towers.
The Assignment provided that at the end of the initial license term, new
separate site license agreements would be created for both towers, one for
L3Harris for the Missouri Road Tower, and one for the State for the Dunedin
Tower. The two site license agreements have been finalized and although the
State will hold the license to the Dunedin Tower, L3Harris will continue to
maintain and service both towers.
The Service and Access Agreement and original Site License Agreement
provided for one additional extension of five years upon mutual agreement of
the parties. However, two short term extensions were agreed to by the Parties
to negotiate revised terms that were more equitable and what remains is the
allowance for a 4.5 year or 54-month extension. City staff, L3Harris, and the
State of Florida have since reached a consensus on the terms of these
agreements.
Importantly, the City and L3Harris have agreed to a revision of the tower tenant
revenue sharing component under the Service and Access Agreement.
Pursuant to the Agreement, L3Harris manages licensed space on the two
city-owned communication towers. Previously, the Agreement provided for
L3Harris to collect 75% of the revenue generated from any new tower tenants
and the City to collect the remaining 25%. The City's revenues have averaged
approximately $5,000.00 per quarter under this arrangement. However, the
amended agreement will provide for a 50/50 split for tower tenant revenue and
City revenue is estimated to rise to $10,000.00 per quarter. Therefore, staff
requests approval of an amended service and access agreement and two
underlying site license agreements all for a term of 4.5 years to run from April
1, 2023, through September 30, 2027.
APPROPRIATION CODE AND AMOUNT:
These funds are available in the operating expense of the Garage Services
Fund as budgeted each Fiscal Year.
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12. City Attorney
12.1Adopt Ordinance 9659-23 on third reading, annexing certain real property whose post
office address is 2635 Woodring Drive, Clearwater, Florida 33759 into the corporate
limits of the city and redefining the boundary lines of the city to include said addition.
12.2Adopt Ordinance 9660-23 on third reading, amending the future land use element of
the Comprehensive Plan to designate the land use for certain real property whose
post office address is 2635 Woodring Drive, Clearwater, Florida 33759, upon
annexation into the City of Clearwater, as Residential Low (RL).
12.3Adopt Ordinance 9661-23 on third reading, amending the Zoning Atlas of the city by
zoning certain real property whose post office address is 2635 Woodring Drive,
Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Low
Medium Density Residential (LMDR).
12.4Adopt Ordinance 9665-23 on second reading, amending the Code of Ordinances
Chapter 28 to establish a vehicular safety zone at the medical clinic at 1560 S.
Highland Avenue.
13. City Manager Verbal Reports
13.1 Recycling Update
The Interim City Manager said the consultant has signed the contract and
will assist staff with the RFP and negotiations. The RFP for recycling
services has been extended for two weeks and will close on April 14. She
said Office of Innovation Director Micah Maxwell will go to the Technical
Review Committee (TRC) meeting. The City's February recycling collection
was 620 tons and had an 18% contamination rate.
13.2Drew Street Lane Repurposing
Assistant City Manager Michael Delk said staff will be providing Council a
draft letter of support at the next council meeting. The Drew Street Complete
Streets project falls within the Florida Department of Transportation's
jurisdiction. The project is at 30% design, the design phase is expected to
finish quickly once the lane elimination process has been completed. He said
FDOT will host a public meeting before the design phase is completed.
In response to a question, Mr. Delk said DOT did not have an issue if the
letter of support was received by mid April.
Discussion ensued with concerns expressed that eliminating a lane on Drew
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Council Work Session Meeting Minutes March 13, 2023
Street will not solve the problem and that there are as many individuals who
oppose the project as there are who support it.
13.3Approve a Partnership and Support Grant Agreement with the Clearwater Historical
Society in an amount not to exceed $20,000, for term beginning March 16, 2023
through September 30, 2023, and authorize the appropriate officials to execute same.
(consent)
At the February 27 Worksession, Council directed staff to bring forward a
funding agreement with the Clearwater Historical Society. While the
discussion surrounded a three-year agreement at that time, staff is
recommending an agreement that would provide funding through 2023, with
consideration of a long-term agreement to be considered as part of the budget
process. This will allow all of these types of agreements to be discussed at the
same time and it will also allow Council to go through the ARPA allocation
process for Non-Profit Cultural Affairs, which CHS has made application to.
The funding amount for Fiscal Year 2023 would be for $20,000.
APPROPRIATION CODE AND AMOUNT:
Funds of$12,000 are available in the City Council's budget (0109100-581000,
Payment to Agencies). If approved, a mid-year amendment will transfer the
additional $8,000 needed for this agreement from available salary savings in
the Office of Innovation.
14. City Attorney Verbal Reports
The City Attorney said Stuart Berger of the Jewish Federation has shared a
resolution relating to antisemitism with councilmembers and requested
council direction to present the resolution for adoption.
There was council consensus to draft the resolution for adoption.
15. Council Discussion Item
15.1 City Council Salaries
At the February 27, 2023 work session, staff was directed to provide
information regarding comparable councilmember salaries.
Staff has provided information for the cities of Gainesville, Tallahassee,
Orlando, St. Petersburg, Tampa, and Clearwater.
Discussion ensued with comments made that the low council salaries limit
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Council Work Session Meeting Minutes March 13, 2023
the accessibility of the positions.
In response to a question, the City Attorney said the Charter Review
Committee has not discussed salaries yet. Council can vote to delay the
salary increase for a future date or direct the Charter Review Committee to
consider increasing council salaries.
15.2Tampa Bay Estuary Program Update - Vice Mayor Beckman
Vice Mayor Beckman provided copies of the Tampa Bay Estuary Program's
brochure. The Courtney Campbell Causeway is the biggest issue because it
does not allow sufficient water circulation. The red tide situation is similar to
what was experienced during 2017 and 2019. She said it appears to be
intensifying along the coast and reviewed actions individuals could do to
help.
16. New Business (items not on the agenda may be brought up asking they be
scheduled for subsequent meetings or work sessions in accordance with Rule 1,
Paragraph 2).
Councilmember Allbritton requested a staff report on the removal of invasive
species along the Causeway.
Mayor Hibbard requested a discussion on creating an affordability index for
the city and a dashboard that would compare Clearwater to other local cities.
Councilmember Bunker wished all a Happy L. Ron Hubbard birthday. He
said the City needs to consider how it can handle all of the empty buildings in
downtown.
Councilmember Teixeira requested a staff presentation on the stock and
location of affordable housing in Clearwater.
17. Closing Comments by Mayor— None.
18. Adjourn
The meeting adjourned at 11:18 a.m.
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