04/17/2023 Council Work Session Meeting Minutes April 17, 2023
City of Clearwater
Main Library- Council Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
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Meeting Minutes
Monday, April 17, 2023
9:00 AM
Main Library - Council Chambers
Council Work Session
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City of Clearwater
Council Work Session Meeting Minutes April 17, 2023
Roll Call
Present:5 - Mayor Brian Aungst, Sr., Vice Mayor Kathleen Beckman,
Councilmember David Allbritton, Councilmember Mark Bunker and
Councilmember Lina Teixeira
Also Present: Jennifer Poirrier— City Manager, Michael Delk—Assistant City
Manager, David Margolis — City Attorney, Rosemarie Call — City Clerk
and Nicole Sprague — Deputy City Clerk.
To provide continuity for research, items are listed in agenda order although not
necessarily discussed in that order.
1. Call to Order
The meeting was called to order at 9:14 a.m.
2. Economic Development and Housing
2.1 Approve purchase contract between the City of Clearwater and Habitat for Humanity
of Pinellas County, Inc./Clearwater Neighborhood Housing Services, Inc. for real
property located at 1454 South Martin Luther King Jr. Avenue and authorize
appropriate officials to execute same.
The City of Clearwater posted RFP/Q #43-22 as an opportunity for a developer
to acquire and develop city-owned property located at 1454 South Martin
Luther King Jr. Avenue for use as affordable and workforce housing (Pinellas
County Property I.D. #22-29-15-00000-320-1300). On December 1, 2022,
Council authorized staff to negotiate a contract for the sale of real property to
Habitat for Humanity of Pinellas County, Inc. and Clearwater Neighborhood
Housing Services, Inc., together, as the selected Developer of the real property
located at 1454 South Martin Luther King Jr. Avenue.
Per the contract, the development shall be consistent with Buyer's response to
City of Clearwater RFP/Q 43-22. The Buyer shall construct 24 units of
mixed-income, owner-occupied townhomes with 50% of the units reserved for
households with total household income up to 80% of the Area Median Income
(AMI) as determined by the United States Department of Housing and Urban
Development, and the remaining 50% will be reserved for household with total
household income up to 120% of AMI. If the Buyer determines that there are
site challenges that restrict the number of units to under 24, the city may
approve the reduction in units if the city determines that a reduction in the
number of units is a reasonable request. Otherwise, the City may terminate
contract.
The Buyers response to RFP 43-22 identified a $1,240,170 cash gap in
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addition to the requested donation of the property, therefore Exhibit B of the
contract specifies the City agrees to commit to the donation of the parcel,
valued at $525,000 and a contribution of an additional $357,585 for a total
direct subsidy of$882,585 (half of the total direct subsidy identified as required
in the response). The Buyer will seek funding from Pinellas County for the
remaining gap (presumably $882,585). The City will provide an additional
subsidy of approximately $432,000 (approximately $18,000 per unit) for Solar
Panels to be included for each unit. Subject to the availability of funds, the City
also agrees to provide down payment assistance loans to purchasers with
household incomes under 120% AMI and above 80% AMI for 12 units in
accordance with the city's Down Payment Assistance Program. The Buyer
agrees to provide 0% mortgages for the households that qualify for the units
reserved for 80% AMI and under.
Additional requirements provided by Exhibit B established terms and conditions
that Buyer must meet prior to and after closing. Per the exhibit, all
pre-development activities must be completed prior to closing including, but not
limited to, funding commitments, site approval and building permits. The Buyer
has agreed to construct each unit with electric vehicle charging capabilities and
the aforementioned rooftop solar panels.
To ensure the long term success of the project, the Buyer has agreed to have
one member from either of the organizations serve on the Homeowners
Association (HOA) managing board for the term of the required affordability
period, to contract with a third-party HOA management company to manage
HOA operations and financials, to contribute $1,000 per unit to the HOA
reserve account, and to coordinate with Lender(s) to require HOA fees be
included in the monthly mortgage escrow payment.
APPROPRIATION CODE AND AMOUNT:
Funding is to be provided by State Housing Initiatives Partnership (SHIP)
Program and/or General Fund revenues allocated to affordable housing
(special program G2212, ARPA Affordable Housing) made possible due to
ARPA revenue recovery used partially to fund Police salaries and wages in
fiscal 2022. No additional General Fund revenues will be appropriated.
Staff pulled item. Continued to a date uncertain.
3. Office of Innovation
3.1 Ruth Eckerd Hall Sustainability Plan Presentation.
In December of 2022, City Council approved a venue license agreement with
Ruth Eckerd Hall for the amphitheater venue currently being constructed within
Coachman Park. Section 2.2 of that agreement required Ruth Eckerd Hall, as
licensee, to consult with the city's sustainability staff to develop a sustainability
plan for the venue aimed at ensuring the venue utilizes sustainable and
environmentally practices. Ruth Eckerd worked with the Office of Innovation
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staff during the 90-day development period outlined in the agreement and
submitted a plan within that period as required. The Office of Innovation
believes the elements within Ruth Eckerd Hall's plan are consistent with
Greenprint and support its implementation.
REH Director of Operations Brianna Hartigan provided a PowerPoint
presentation.
In response to questions, Ms. Hartigan said Ruth Eckerd Hall (REH) will be
responsible for all energy costs. REH will not sell items requiring single use
plastics and will incentivize vendors to use biodegradable products. She said
the City purchased the appliances. REH is looking at how to incentivize
patrons to car share.
4. City Manager
4.1 Approve 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
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.
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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.
In response to questions, Art & Cultural Affairs Coordinator Amber Brice said
the review panel discussed targeting the remaining balance for general arts
programming from smaller organizations. The grant program received 13
applications. Many of the applicants who were not awarded grant funds
failed to show the required 1-year of programming or details on how the
funds would be used. Creative Pinellas has offered to host a grant writing
class specific to this arts and culture grant. She said staff intends to plan a
second round in the summer. The City Clerk said given R'Club's history and
strong education grant application, the organization was awarded more
monies than it requested. CRA Executive Director Jaye Matthews said the
review panel felt that Senior Utilities should have requested more funds and
allocated more funds than the organization requested. The grants agreement
will include the grant amount and activities being funded.
5. Finance
5.1 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)
Council previously approved a banking services agreement with Wells Fargo in
July 2016, effective for a three-year period, with the option for two, two-year
renewals. The services agreement included both standard banking services as
well as safekeeping/custodial services for the City's non-pension operating
cash investments. City staff has been very pleased with the level of services
provided by Wells Fargo, executing both optional renewals that now expire
September 30, 2023.
Prior to Wells Fargo, the City utilized Bank of America for banking services for
approximately 40 years (1976 - 2016). The level of service from Bank of
America had deteriorated at that time and Wells Fargo was chosen via a
competitive RFP process.
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City staff across all departments have provided very positive feedback
regarding Wells Fargo services and locations, and the quality of services has
exceeded expectations. Given their positive performance, and the significant
disruption caused City-wide when changing banks, staff recommends
piggybacking a recent competitive RFP process conducted by the City of
Hollywood, Florida, which resulted in the selection of Wells Fargo.
The new schedule of fees under the proposed agreement results in an average
5.7% increase in fees versus our current agreement.
This new piggyback agreement will be for a five-year term ending September
30, 2028, with the option for three, two-year renewals contingent upon the City
of Hollywood opting to renew their agreement.
APPROPRIATION CODE AND AMOUNT: 8019821-530100
6. Gas System
6.1 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)
Invitation to Bid (ITB) #23-23 for Natural Gas Mains, Service Lines, and House
Piping Installation Services was issued on February 3, 2023. Two bids were
received and are considered responsive to the requirements set forth in the
solicitation.
Clearwater Gas System (CGS) is requesting to award Equix Energy Services,
LLC, the lowest responsive, responsible vendor to perform the installation of
gas mains, service lines and related construction gas work for CGS's natural
gas distribution pipeline system.
Equix Group Award:
Group 1: MAIN LINES - PLASTIC
Group 2: MAIN LINES - STEEL
Group 3: SERVICE LINES - PLASTIC, 50 feet or less
Group 4: SERVICE LINES - PLASTIC, 50-100 feet
Group 5: SERVICE LINES - PLASTIC, 100 feet or greater
Group 6: CASING PUSH / MISSILE
Group 7: JACK AND /OR BORE - STEEL
Group 8: DIRECTIONAL BORE - PLASTIC
Group 9: STEEL-WELD, MECHANICAL & PE TAPPING TEES
Group 10: SOD
Group 11: TEMPORARY TRAFFIC CONTROL (TTC)
Group 12: METER AND REGULATOR INSTALLATION
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Group 13: SURFACE RESTORATION
Group 14: PIPE REMOVAL
Group 16: OTHER PAY ITEMS
Group 17: LABOR
Total: $6,650,000.00
Group #15 (Underground Exterior House Piping)will be issued under a
separate purchase order, as this is a resale item to the customer and not
associated with a Capital Improvement project.
The previous contract ended on March 31, 2023. To ensure that high priority
projects are handled and to eliminate any construction delays, the City
Manager has approved CGS to move forward with $100,000.00 purchase order
(included in this amount) once the Performance Bond and Certificate of
Insurance have been received.
APPROPRIATION CODE AND AMOUNT:
CGS has budgeted funds available in account codes 3237323-96378 (Pasco
New Mains & Service Lines), and 3237323-96377 (Pinellas New Mains &
Service Lines).
In response to questions, Clearwater Gas System Interim Director Brian
Langille said JW Harris did not increase their prices in 2019. Staff was
anticipating a significant increase due to increased construction costs. The
item before council is for an annual contract with three one-year extensions.
Clearwater Gas is in the middle of rate study, no rate changes are being
projected for this year.
6.2 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)
This permit will allow Clearwater Gas System (CGS) to install and maintain
natural gas mains and service lines within the Pinellas County right-of-way that
are placed more than five feet from the back of curb or edge of road pavement.
This permit covers regular and recurring activities and specifies the
construction standards for installation of gas infrastructure. All other gas work
outside the scope of this General Permit will require a Specific Utilization
Permit for each job/project prior to commencement.
Pinellas County experienced delays in providing the updated General Permit to
CGS, which typically starts at the beginning of the fiscal year (i.e., October).
Therefore, this permit will become effective on April 20, 2023, and expire on
October 1, 2023.
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Section five of this General Permit contains language that indemnifies Pinellas
County against any damage claims resulting from negligence caused by CGS.
However, the City's limitation and protection under Section 768.28 of the
Florida Statutes is not waived.
6.3 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)
Positron 8, LLC (Grantor) has granted a non-exclusive five (5) foot wide natural
gas easement, on property located at 806 N. Osceola Ave, Clearwater FL,
33755 (Parcel ID# 09-29-15-02718-000-0150) for the installation of a natural
gas distribution line. This line will serve residential properties.
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 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
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
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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.
7.2 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
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
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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.
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.
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In response to questions, Parks and Recreation Interim Director Art Kader
said the proposed ordinance will require new residences in the CRA to pay
an impact fee. Under the ordinance, new residential developments in the
CRA have not had to pay an impact fee for the last 40 years. New
businesses or hotels will not have to pay an impact fee.
8. Police Department
8.1 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)
According to the National Alliance on Mental Illness (NAMI), one in five
Americans is affected by mental illness each year. Annually, the Clearwater
Police Department responds to at least 1,400 calls for service which involve
issues related to mental illness. 20% of the fatal police shootings in the United
States involve a subject with mental illness. Police officers are routinely tasked
with being the first responder to persons involved in mental health crisis but
have limited options to address long-term, reoccurring issues that generate
repeat calls for service and disrupt neighborhoods and businesses.
Council approved a Memorandum of Agreement between the Sheriff of
Pinellas County and the City of Clearwater on January 21, 2021, to establish a
mental health co-responder unit pilot program. The mental health co-responder
unit has proven successful, and the department intends to continue providing
this specialized resource to provide the best possible outcomes and help to
safely defuse and prevent crisis incidents by connecting people to services,
conducting follow-up to promote the utilization of services, and proper
application of the Baker Act statute.
The initial agreement passed by Council on January 21, 2021, included the
City of Clearwater paying the Pinellas County Sheriff for the costs of the two
Crisis Response Specialists, which was $143,200 ($71,600 each), and allowed
for the costs to increase annually.
In the proposed agreement, the City of Clearwater will pay the Pinellas County
Sheriff the actual costs, salary and benefits, for two crisis response specialists
in an amount not to exceed $200,000 a year. The current cost of two crisis
response specialists is $147,700 ($73,850 each). This agreement will remain
in effect for five years. However, either party may cancel the agreement by
providing the other party with 15 days written notice.
APPROPRIATION CODE AND AMOUNT:
Funding of$143,200 was budgeted in special program P2101, Mental Health
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Co-Responder Team for fiscal year 2022/23. A mid-year budget amendment
will transfer $4,500 (from salary savings in the Police Department) to special
program P2101 to provide the remaining funding needed for this fiscal year.
The funding for future years of this agreement will be included in the Police
Department's annual budget request.
In response to a question, Police Chief Daniel Slaughter said approximately
3,200 calls were received in 2021. The mental health units handled 1,160. In
2022, the two mental health units handled 719 of the 2746 calls received.
The Council recessed from 10:31 a.m. to 10:40 a.m.
9. Public Works
9.1 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 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.
9.2 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)
The owners of 125 Island Way shall convey to the City a 15-foot storm
water utility drainage easement.
This proposed new easement is a companion item to an easement
vacation on the same parcel. This easement along the northern edge of
the parcel will, in essence, replace the vacated easement in the middle of
the parcel, supporting a Condominium Development.
The existing city stormwater infrastructure will remain within this new
easement.
City staff have reviewed and approve this request.
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9.3 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)
The owners of 1020 Sunset Point Road shall convey to the City both (Water:
20-foot x 15-foot) and (Sanitary: 10-foot) utility easements allowing the city to
install, repair and maintain water and sanitary sewer infrastructure in support of
a condominium development.
All said utilities will be placed within their defined easements.
City staff have reviewed and approve this request.
9.4 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)
This plat will create two lots from an existing 2.38-acre site.
The existing gas station convenience store will be demolished and replaced
with two separate buildings.
One building will be a one-story car wash and the other a one-story retail plaza.
This development was reviewed and approved through the Community
Development Board on October 19, 2022.
9.5 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)
This plat is a re-plat of two existing lots within the original Aspen Trail plat.
The re-plat became necessary due to stormwater infrastructure installed by the
developer in a slightly different location.
This plat will realign a lot line between two lots and an easement over the
existing infrastructure.
Planning has reviewed the new lots and they meet city requirements.
9.6 Accept 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)
This conveyance supports the parcel owner's site plan improvements and
corrects a minor corner encroachment of city-constructed sidewalk.
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City staff have reviewed and approve this request.
9.7 Accept 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)
This easement allows Pinellas County to replace the existing bridge along with
associated roadwork and drainage improvements and to relocate a conflicting
twelve-inch reclaimed water main as part of a Joint Project Agreement
approved by Council on December 2, 2022.
Any disturbed utilities will be returned to their original condition.
City staff have reviewed and approve this request.
10. Fire Department
10.1Approve 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)
Federal Emergency Management Agency's (FEMA) Public Assistance program
is a Federal grant to aid State and Local governments in returning a disaster
area to pre-disaster conditions. A Request for Public Assistance (RPA) was
submitted, approved, and awarded September 30, 2022.
FEMA and the State share the responsibility for making public assistance
funds available to the Subgrantee/Subrecipient. It is now necessary for the City
of Clearwater, as the Subgrantee/Subrecipient, to enter into the Agreement
with the Florida Division of Emergency Management (the Grantee/Recipient).
Under the Hurricane Ian funding process, recipients may receive modifications
awarding additional funding as approved by the State of Florida, Division of
Emergency Management. It will be beneficial for the City to allow the City
Manager, or designee, to execute any future modifications in order to provide
for efficient and timely processing of the modifications and acquire judicious
funding.
In response to a question, Emergency Management Division Chief Jevon
Graham said the item before Council does not address the costs associated
with sending staff to locations needing assistance. The item before Council
addresses the operational costs associated with Hurricane Ian.
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11. Planning
11.1Approve 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
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.
In response to questions, Planning and Development Assistant Director
Lauren Matzke said staff has discussed with Forward Pinellas when the rules
were first amended to increase the development potential a couple of years
ago. She said the rules were not in place when the Downtown plan was
being updated at the time and Forward Pinellas did not fully support
increasing the development potential in Downtown across the
board. Downtown is one of the activity centers that is envisioned to be the
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most dense and intense. She said staff evaluated other major downtowns,-
St.
owntowns,St. Petersburg operates under the countywide rules and has a 4.0 FAR and
use a bonus structure to exceed that. Ms. Matzke said staff has received
feedback that the downtown amenities pool is not widely known and are
working with development partners to make them aware.
11.2Approve 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 -
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.
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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.
In response to questions, the City Attorney said the public art provision was
removed based on 2013 case law that stated government cannot hold
people's property hostage and force them to invest in unrelated matters on
the condition of developing their property. The City can offer voluntary
incentives or provide offsets on the city side voluntarily. He said the City
cannot force the private sector to pay for public art unless there is a relatively
close nexus on what they are doing and impact to public art. As it relates to a
hotel development and a parks and recreation fee, there is direct impact on
the amount of land available for open space and demand for city
services. Planning and Development Assistant Director Lauren Matzke said
staff explored the idea of requiring ev charging for multi-family development
but recommended providing incentives as the proposed standard is higher
than most municipalities that require ev chargers. Planning and Development
Director Gina Clayton said staff is looking to address ev charging as part of
the next big code amendment.
11.3Approve a Future Land Use Map Amendment from the Residential Urban (RU)
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Council Work Session Meeting Minutes April 17, 2023
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.
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.
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Council Work Session Meeting Minutes April 17, 2023
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.
11.4Approve 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
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.
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City of Clearwater
Council Work Session Meeting Minutes April 17, 2023
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.
11.5Approve 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
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
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City of Clearwater
Council Work Session Meeting Minutes April 17, 2023
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.
11.6Deny 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
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Council Work Session Meeting Minutes April 17, 2023
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
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
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City of Clearwater
Council Work Session Meeting Minutes April 17, 2023
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.
In response to a question, Planner Dylan Prins said the applicant wanted
solid waste service from the city, but the substandard condition of the
roadway would not be feasible. The right-of-way is a dirt road in some areas
and terminates at the subject property. He said there is no room on the
roadway for solid waste vehicles to safely turnaround.
12. City Attorney
12.1Approve 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)
The services provided by the bond counsel include providing all necessary
legal services required for issuance of City of Clearwater bonds, including
rendering a written legal opinion as to the legality of the bonds and the
proceedings by which they are issued and the exclusion from gross income
for federal income tax purposes of the interest paid on the bonds.
The costs incurred for this service due to bond issuance will be paid from bond
proceeds.
12.2Adopt 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).
12.3Adopt Ordinance 9666-23 on second reading, amending the future land use element
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Council Work Session Meeting Minutes April 17, 2023
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).
12.4Adopt 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.
13. City Manager Verbal Reports
13.1 Recycling Update
The City Manager said staff is updating the website, which should be
completed by May. The RFP for single source streamed recycling closed last
week, two responses were received. The responses will be reviewed on April
25, 2023. She said staff continues to work with the consultant, who will assist
with the evaluating the RFP responses.
14. City Attorney Verbal Reports
15. 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).
15. 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 Beckman requested an update on the noise ordinance and
a council discussion item on the recycling credit be scheduled at a future
meeting. She said she will provide presentations on the lessons learned
during hurricane Ian and solving homelessness at a future meeting.
Councilmember Teixeira requested consideration to reschedule all work
session to 1:00 p.m.
Discussion ensued with consensus to change the start time of all work
sessions to 1:00 p.m.
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Council Work Session Meeting Minutes April 17, 2023
In response to a question, the City Clerk said changing the start time of the
work session requires a city council rule change.
16. Closing Comments by Mayor— None.
17. Adjourn
The meeting adjourned at 11:27 a.m.
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City of Clearwater