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02/12/2024 Council Work Session Meeting Minutes February 12, 2024 City of Clearwater Main Library- Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 e Meeting Minutes Monday, February 12, 2024 1 :30 PM Main Library - Council Chambers Council Work Session Page 1 City of Clearwater Council Work Session Meeting Minutes February 12, 2024 Roll Call Present 5 - Mayor Brian Aungst Sr., Vice Mayor Mark Bunker, Councilmember David Allbritton, Councilmember Kathleen Beckman, and Councilmember Lina Teixeira Also Present: Jennifer Poirrier— City Manager, Michael Delk—Assistant City Manager, Daniel Slaughter—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— Vice Mayor Bunker The meeting was called to order at 1:43 p.m. 2. Economic Development and Housing 2.1 Approve the Fourth Amendment (Amendment) to Agreement for Development and Purchase and Sale of Property between the Community Redevelopment Agency of the City of Clearwater (CRA), the City of Clearwater (City), and Archway Clearwater Gardens, LLC (Archway); and authorize the appropriate officials to execute same. (consent) Archway Clearwater Gardens, LLC has requested a modified schedule of various milestones in the Agreement for Purchase and Sale of Property, as amended (Agreement), between the CRA, the City and Archway. Archway has been awarded project-based vouchers for this project from the Clearwater Housing Authority. For consistency with the voucher program, Archway is required to complete a subsidy analysis with the United States Department of Housing and Urban Development (HUD). While Archway has submitted all required documentation, the timing of HUD's response may require a later closing date which will require a shift in other milestones as well. Clearwater Gardens affordable housing development, located at 1250 Cleveland Street, was selected by Florida Housing Finance Corporation (FHFC) for a 9% Tax Credit award. The project will provide for 52 one-bedroom and 29 two-bedroom units for a total of 81 units. 30 units will be reserved for households earning up to 80% of Area Median Income (AMI) as determined by HUD, 31 units will be reserved for households earning up to 60% AMI, and 20 units will be reserved for households earning up to 30% AMI. Archway is coordinating with the Clearwater Housing Authority to receive 20 project-base vouchers. The developer will continue the operation of the community garden located on the property. Page 2 City of Clearwater Council Work Session Meeting Minutes February 12, 2024 The First Amendment to the Agreement dated February 14, 2022, provided Archway additional time to apply for tax credit funding under multiple Florida Housing Finance Corporation's housing development programs. The Second Amendment dated September 19, 2022, provided for an additional $3,000,000 loan from the CRA and it increased the City's local government contribution from $75,000 to $610,000, also in the form of a loan. Other accommodations were made in the Second Amendment assuming Archway would secure 4% tax credit financing, but this did not occur. The Third Amendment extended several milestones in the Agreement. With the Fourth Amendment, staff is recommending many of the same milestones modified with the Third Amendment to be extended further. Proposed modifications are outlined below. Archway is optimistic that they will achieve the modified milestones in advance of what has been proposed and no further extensions will be necessary. Section Category Current Proposed 4.05(b)Building Permits 3/1/2024 6/1/2024 4.05(c)Commence Construction 4/1/2024 7/1/2024 4.05(d)50% Construction Completion 1/1/2025 4/1/2025 4.05(e)100% Construction Completion 10/1/2025 1/1/2026 4.05(f) Begin Pre-Leasing 8/1/2025 11/1/2025 4.05(g)Lease Up Complete 1/1/2025 4/1/2026 6.10 Closing Date 3/15/2024 6/15/2024 7.02(a)Commence Construction 4/1/2024 7/1/2024 7.02(b)Commence Vertical Construction 10/1/24 1/1/2025 The City is a party to the agreement only as it relates to sections 3.07 and 15.18 of the Agreement. Section 3.07 of the Agreement required Archway to grant and deliver to the City, its heirs, successors, licensees, or assigns, a perpetual exclusive easement over the area existing as a community garden, solely for use as a community garden. The Amendment requires Archway to execute a declaration of restrictive covenant, instead of a perpetual easement, restricting the use to a community garden for the benefit, use, and enjoyment of the public. This change eliminates the need for the City to procure, manage, or contract with future operators and users of the community garden. Archway will take on this responsibility. Section 15.18 commits the City to a contribution of$610,000 to the project in the form of a deferred loan. This amount is considered the Local Government Areas of Opportunity funding commitment and is required for a project application to receive the maximum amount of basis points. Section 15.18 is not affected by the amendment. Page 3 City of Clearwater Council Work Session Meeting Minutes February 12, 2024 APPROPRIATION CODE AND AMOUNT: Funds are available and allocated in project code R2010 Housing- County STRATEGIC PRIORITY: This item supports the following objectives set forth in the City of Clearwater Strategic Plan: 2.4 Support equitable housing programs that promote household stability and reduce the incidence of homelessness within Clearwater. 4.3 Protect the conservation of urban forests and public green spaces to promote biodiversity and reduce our carbon footprint. 3. Gas System 3.1 Accept a Sovereignty Submerged Lands Easement from Board of Trustees of the Internal Improvement Trust Fund of the State of Florida, for the construction, installation, and maintenance of gas utility facilities on real property lying Oakwood Drive, over Stephanie's Channel, Pinellas County, Florida. (consent) Board of Trustees of the Internal Improvement Trust Fund of the State of Florida (Grantor) has granted a non-exclusive seven-foot wide natural gas easement, on property located lying Oakwood Drive, over Stephanie's Channel, Pinellas County, Florida (Parcel of sovereignty submerged land in section 6, township 30 south, Range 15 east, in Clearwater Harbor Pinellas County, Florida) for the installation of a natural gas distribution line. This line will maintain services to several residential customers. The easement grant is sufficient for the City to maintain and replace its facilities as necessary for 50 years from July 28, 2023, or until such time as the City determines to abandon its use. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A STRATEGIC PRIORITY: Securing pipeline easement to maintain public infrastructure and protect natural lands by implementing environmentally friendly installation technologies. In response to a question, CGS Assistant Director Alex Leon said since the bridge is being expanded, the temporary gas line is being moved to the Page 4 City of Clearwater Council Work Session Meeting Minutes February 12, 2024 north. 3.2 Accept a Gas Utility Easement from Chateaux Des Lacs HMOWN Association, for the construction, installation, and maintenance of gas utility facilities on real property located at Rue Des Chateaux Tarpon Springs, FL 34688. (consent) Chateaux Des Lacs HMOWN Association (Grantor) has granted a non-exclusive five-foot wide natural gas easement, on property located at Rue Des Chateaux Tarpon Springs, FL 34688 (Parcel ID# 09-27-16-14878-000-0360) for the installation of a natural gas distribution line. This line will serve residential customer. 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. STRATEGIC PRIORITY: Securing pipeline easement to maintain public infrastructure and protect natural lands by implementing environmentally friendly installation technologies. 3.3 Accept a Gas Utility Easement from Roosevelt Crossings LLC , for the construction, installation, and maintenance of gas utility facilities on real property located at 2659 Roosevelt Blvd, Largo FL 33760. (consent) Roosevelt Crossings LLC (Grantor) has granted a non-exclusive five-foot wide natural gas easement, on property located at 2659 Roosevelt Blvd, Largo FL 33760 (Parcel ID# 32-29-16-70362-300-0604) for the installation of a natural gas distribution line. This line will serve residential customer. 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. STRATEGIC PRIORITY: Securing pipeline easement to maintain public infrastructure and protect natural lands by implementing environmentally friendly installation technologies. 3.4 Accept a Gas Utility Easement from Khalil Nagy, for the construction, installation, and maintenance of gas utility facilities on real property located at 4150 Rowan Rd, New Port Richey, FL 34653. (consent) Page 5 City of Clearwater Council Work Session Meeting Minutes February 12, 2024 Khalil Nagy (Grantor) has granted a non-exclusive five-foot wide natural gas easement, on property located at 4144, 4154, 4120, 4122, 4128, 4160, 4130, 4138, 4134, 4136, 4140, 4142, 4156, 4158, 4148, and 4150 Rowan Rd, New Port Richey, FL 34653 (Parcel ID# 15-26-16-0000-00100-0012) for the installation of a natural gas distribution line. This line will serve residential customer. 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. STRATEGIC PRIORITY: Securing pipeline easement to maintain public infrastructure and protect natural lands by implementing environmentally friendly installation technologies. 4. Parks and Recreation 4.1 Approve a Management Agreement between the City of Clearwater (City) and the Clearwater Community Sailing Center Association, Inc. (Sailing Center Association) for use of the building and property located at 1001 Gulf Boulevard from March 1, 2024 through February 28, 2029 and authorize the appropriate officials to execute same. (consent) Staff recommends that the City enter into this Management Agreement with the Sailing Center Association, a 501 c3 nonprofit organization, where the Sailing Center Association will manage the premises of the City at 1001 Gulf Boulevard. The City and the Sailing Center Association initially entered into an agreement in 2002, and since then, the City and Sailing Center Association worked together to offer services that benefit the community. The Sailing Center Association provides local residents and visitors a variety of services including providing safe, enriching, and affordable sailing opportunities for all ages and abilities. The Sailing Center Association will pay rent of$2,000 monthly to the City with a 5% increase to be added to the rent payment on March 1 st of each year of this Agreement, beginning on March 1, 2025. The City may terminate this Agreement for any municipal need by providing 60 days written notice. The City will be responsible for the maintenance of foundation, outer walls, Page 6 City of Clearwater Council Work Session Meeting Minutes February 12, 2024 roof, piers, docks, life cycle replacement of the heating/air-conditioner system, and other major capital improvements required for the premises. The Sailing Center Association will be responsible for routine daily maintenance of the facility and minor repairs to bathrooms, hallways, rental rooms, offices, lights, etc. The Sailing Center Association is also responsible for all day-to-day operations of the center including programming of the facilities in accordance with their business plan made a part of this Agreement. STRATEGIC PRIORITIES: In approving this lease agreement, as noted above, the City is accomplishing Objectives 1.3, adopting responsive levels of service for public facilities and amenities, and identifying resources required to sustain that level of service; 2.1, strengthening public-private initiatives that attract, develop, and retain diversified business sectors; 2.2, cultivating a business climate that welcomes entrepreneurship; and 2.3, promoting Clearwater as a premier destination for cultural experiences and tourism. In response to a question, Parks and Recreation Director Art Kader said the proposed changes include a 5% rent increase and an outline of maintenance responsibilities for the Sailing Center and the City. He said rent increases were previously based on CPI. Staff was directed to provide information regarding the rental costs in the business plan. 5. Public Works 5.1 Vacate all prior recorded antiquated resolutions and terminate the Interlocal Agreement with Pinellas County concerning the property Old City Hall now subject to a purchase and sale contract and adopt Resolution 24-05. On November 8, 2022, the City of Clearwater entered into a Sales Agreement to sell the "Old City Hall" property. In support thereof, on December 7, 2023, the City approved the vacation of two abandoned Utility easements. During the preliminary title approval process, recorded documents (antiquated property use Resolutions and obsolete Pinellas County Interlocal Planning Agreement) were confirmed as needing termination, thereby allowing the Buyers to obtain a cleared title insurance policy. Adopting this Resolution is the City's good faith effort to remove encumbrances Page 7 City of Clearwater Council Work Session Meeting Minutes February 12. 2D24 and facilitate the sale ofthe Property. City staff have reviewed and approved this Resolution and recommend adoption. STRATEGIC PRIORITY: 1.5 Embrace a culture of innovation that drives CQOtiOuQu0 improvement and successfully serves all our Cu0tQOOe[0. 5.3 Generate organizational success through collaborative engagement and inclusive decision-making to create shared value outcomes. 5'2 /\Dp[OVe @ funding agreement between the City Of Clearwater and the Pinellas SUOCO@St Transit /\UthO[itV /PSTA\ to provide enhanced Jolley Trolley service during Spring Break period Of February 25. 2024. through /\D[il 27. 2024. with the City contributing an @0OOUOt not to exceed $102.287 and authorize the appropriate officials to execute S@0Oe. /COOSeOt\ Alternatives for traveling to Clearwater Beach during the Spring Break season are critical to the economic vitality of Clearwater and our tourism industry. The City and PGTA propose utilizing the parking lots at 112 G. C)soao|a Avenue and 200 G. C)soao|a Avenue as park and ride lots for the period commencing February 25. 2024. through April 27. 2024. Instead of driving, users will have the option of taking the free Trolley san/ioas to and from the Beach or paying to ride the Clearwater Ferry Taxi Gan/ioa. The Trolley service will bafree only for people who board the trolley at the 112 G. C)soao|a Avenue and 200 G. C)soao|a Avenue park and ride site |ots, at the Clearwater Beach Transit Station on the north side of Memorial Causavvay, or at the Clearwater Beach Municipal Marina designated pick up location. PGTA currently provides regular san/ioa on several routes between Downtown and Clearwater Baaoh, as well as north and south along the Beach. PGTA operates the Gunooast Beach Trolley which runs from Downtown Clearwater south to Gt. Pete Baaoh, and has an agreement with the Jolley Trolley to operate a Beach circulator (North and South Beach routas), as well as the Coastal route connecting to Tarpon Springs. As part of this additional a0raamant. PGTA developed a san/ioa plan that will increase the number of vehicles serving the Beach during the Spring Break saason, especially on the vvaakand periods from Friday through Sunday during spring break periods for local school districts and during the three weekends of the Sugar Sands Festival. The proposed agreement sats forth the City's commitment to contribute an amount not to axoaad $102.287 towards PGTA's additional financial obligations, including PGTA's agreement with the Jolley Trolley to provide enhanced san/ioa on its Beach circulator routes during the Spring Break season. This amount is 50% of the total cost; PSTA will provide the other 50%. Page City orClearwater Council Work Session Meeting Minutes February 12, 2024 Riders will have significantly shorter wait times this season with additional vehicles to maintain the service at 30-minute intervals Monday through Thursday and 15-minute intervals Friday through Sunday. The free park and ride service is planned to start at 10:00 AM and end at the regular close of service (approximately 10:00 PM Sunday-Thursday and 12:00 AM Friday/Saturday). APPROPRIATION CODE AND AMOUNT: Funds are available in Engineering - Parking Division operating cost code 4351333-581000 (payment to agencies) to fund this agreement. 5.3 Approve the request to vacate a drainage easement at 309 Coronado Drive, Clearwater, from the property owners DC Clearwater Beach 1 Property, LLC as recorded in O.R. Book 15904, Page 863-868, of the Public Records of Pinellas County, FL, and pass Ordinance 9743-24 on first reading. The owners have confirmed that the City has a recorded 15-foot drainage utility easement which interferes with the property's development. The City's existing drainage facilities for this property are not located in the recorded easement. As a condition of this vacation, the owners have executed a Drainage and Public Utility easement to cover the property's existing unrecorded drainage facilities. There are no city utilities within the easement to be vacated. City staff have reviewed and approve of this request. STRATEGIC PRIORITY: Adopt responsive levels of service for public facilities and amenities, and identify resources required to sustain that level of service. 5.4 Approve a Guaranteed Maximum Price (GMP) to AJAX BUILDING COMPANY, LLC of Midway, FL, for an early release package for construction for the new City Hall Project (22-0019-EN) in the amount of$7,407,439 pursuant to Request for Qualifications (RFQ) 59-23 and authorize the appropriate officials to execute same. (consent) In September 2022, pursuant to RFQ 24-22, the City Council approved Wannemacher Jensen Architects (WJA) to design a new facility. In June 2023, WJA presented the City Council with three options. The Council unanimously selected the site plan that combines a renovation of the City's existing municipal services building (MSB) with a new building located on the Page 9 City of Clearwater Council Work Session Meeting Minutes February 12, 2024 city-owned parcel immediately south of MSB. WJA referred to this site plan as Option #2. This site plan is estimated to save approximately $31 million compared with the cost of a new stand-alone facility that would have replaced the MSB. On November 16, 2023, Council approved Broaddus and Associates to provide Owner's Representative services on the project. On December 19, 2023, Council approved a CMAR agreement and $379,965 preconstruction phase proposal with Ajax Building. Ajax and the project team are continuing to work through the project preconstruction phase. To mitigate rising costs and long lead times for critical equipment, the team assembled an early release package (ERP) GMP. This GMP is the first of multiple GMPs staff will bring back to council for approval for the construction of the new City Hall and MSB renovations. All GMPs are amendments to the previously approved CMAR agreement. This ERP GMP includes site work, foundations, early equipment procurement (elevators, chiller, electrical switch gear and panels, generator) and general conditions for the entire project, including both city hall and MSB renovation. Schedule anticipates a late June 2024 mobilization; March 2026 move in and final completion by May 2026. Expect the MSB portion to be concurrent with the city hall work, more schedule details to follow once the MSB scope and design is finalized. The total budget presented by WJA at the June 12, 2023 work session for the construction of City Hall and the MSB renovation project is $44.9 million. The construction budget for City Hall is $31.6 million and the MSB renovation project is $10 million. Total cost of construction and administration of both projects is $44.9 million. APPROPRIATION CODE AND AMOUNT: ENGF220001-CONS-CNSTRC $7,265,422 ENGF230001-CONS-CNSTRC $ 142,017 Funds are available in capital improvement projects in amounts of$7,265,422 inENGF220001, City Hall, and $142,017 in ENGF230001, Municipal Services Building Renovations, in the amount of$7,407,439 to fund this GMP. 5.5 Approve a Guaranteed Maximum Price (GMP) to Biltmore Construction of Belleair FL for the construction of the Gateway Plaza (Mercado) in the amount of$930,929.00 pursuant to Request for Qualifications (RFQ) #40-20, Construction Manager at Risk (CMAR), and authorize the appropriate officials to execute same. (consent) This a companion item to a CRA item requesting transfer of$1,154,762.61 to complete the Mercado construction. Page 10 City of Clearwater Council Work Session Meeting Minutes February 12, 2024 On May 20, 2021, Council approved a contract to Gibbs and Register to construct the Cleveland Street Streetscape Phase III (16-0003-UT) project. The Mercado design was not complete, and not included in the contract. On October 17, 2022, Council approved the shade structure and turf design concepts for the Mercado public space at the intersection of Cleveland St. and Gulf to Bay Blvd. On February 18, 2023, staff presented an overview to the CRA Trustees that the change order pricing from Gibbs & Register was over budget. Staff recommended allowing Gibbs & Register to complete the streetscape project and get new pricing from another firm to construct the Mercado portion. The City worked with Biltmore Construction under the CMAR, Continuing Services contract (RFQ #40-20), for a cost proposal to construct the Mercado. To realize cost savings to the City, Public Works will return to Council shortly for approval of a Purchase Order (PO) to USA Shade who was paid a deposit and designed and provided structure hardware under the initial Gibbs & Register contract, hence impractical to bid. The project is expected to be complete by September 2024. APPROPRIATION CODE AND AMOUNT: A first quarter budget amendment will establish capital project 315-C2105, Mercado-Downtown Gateway and recognize a budget increase of $1,154,762.61 of Community Redevelopment Agency (CRA) tax increment financing (TIF) funds transferred from the CRA to provide funding for the completion of the Mercado capital improvement project. 6. Planning 6.1 Approve a professional services agreement and work order with Rowe Architects, LLC of Tampa, Florida to conduct a building conditions assessment for the North Ward School in the amount of$213,785.00 pursuant to Request for Qualifications (RFQ) No. 57-23, Specialized Historic Architectural Preservation Consulting Service, and authorize the appropriate officials to execute same. (consent) On September 6, 2023, the City issued RFQ #57-23 soliciting qualifications from architectural firms specializing in historic preservation, rehabilitation, and adaptive reuse to prepare a building condition assessment, along with recommendations for improvements and cost estimates for the city-owned historic North Ward School. The goal of the project is to identify improvements that could make the building more occupiable, including the construction of a new connection between the original building and the 1926 addition. Page 11 City of Clearwater Council Work Session Meeting Minutes February 12, 2024 Three firms responded to the RFQ and the City interviewed two: Rowe Architects and DN'A Design &Architecture in collaboration with Walker Consultants Inc. The third firm, Fleischman Garcia Masloski was scheduled to be interviewed but withdrew before the presentation. Based on the materials submitted and information discussed in the interviews, the selection committee comprised of staff from Planning and Development, Economic Development and Housing, Engineering and General Services, selected Rowe Architects, LLC. Rowe Architects has worked on over 100 historic preservation projects, including 20 buildings on the National Register of Historic Places. They also have experience working on historic schools and obtaining preservation grant funding for various types of preservation projects. The scope of services as outlined in the Work Order involves the following five major tasks and should be completed within six months of the start date. • historic building research and identification of potential grants to fund improvements • building documentation which includes the creation of a digital 3D model of the building • existing conditions assessment • recommendations for pre-developer improvements and use analysis • development of cost estimates for identified improvements Based on the recommendations of the assessment, the RFQ indicated the City may move forward with a portion of or all of the recommended improvements, including design, permitting, and construction administration services including coordination with the State Historic Preservation Officer (SHPO) to ensure any proposed improvements do not negatively impact a future development partner's ability to obtain federal tax credits. Such phase would require another agreement and work order to be reviewed and approved by City Council. APPROPRIATION CODE AND AMOUNT: A first quarter budget amendment will provide a transfer of$213,785 from General Fund reserves to capital improvement project 315-C2101, North Ward Preservation, to fund this work order. USE OF RESERVE FUNDS: Funding for this contract will be provided by a first quarter budget amendment allocating General Fund reserves in the amount of$213,785 to capital improvement project C2101, North Ward Preservation. Inclusive of this item if approved, a net total of$2,957,880 of General Fund reserves has been used to date to fund expenditures in the 2023/24 operating budget. The remaining balance in General Fund reserves after the 8.5% reserve is approximately $40.6 million, or 20.4% of the current General Fund operating budget. Page 12 City of Clearwater Council Work Session Meeting Minutes February 12, 2024 STRATEGIC PRIORITY: The preparation of a building condition assessment of the historic North Ward School aligns with Strategic Plan Objective 1.2. In response to questions, Planning and Development Director Gina Clayton said the architects will identify the improvements needed. Mr. Rowe said he will develop a 3D model, depicting the property as it exists today and how it could be developed in the future. He said the agreement includes identifying state and federal grant opportunities. MayorAungst departed chambers at 2:10 p.m. and returned at 2:14 p.m. 6.2 Provide staff direction related to regulations permitting Accessory Dwelling Units within certain zoning districts. Discussion Item. (WSO) The Planning and Development Department is preparing amendments to the city's Community Development Code (CDC), including the establishment of standards for Accessory Dwelling Units or ADUs. Staff is seeking direction from City Council on several possible regulations prior to developing an ordinance that will be presented at a future meeting. Accessory Dwelling Units have become increasingly popular as a tool for local governments seeking to increase housing supply. Generally, an ADU is defined as an ancillary or secondary living unit that has a separate kitchen, bathroom, and sleeping area, which exists either within the same structure or on the same lot as the primary dwelling unit. ADUs can provide opportunities for affordable housing, aging in place, multigenerational households, and can provide an additional source of income to the property owner. The city's Comprehensive Plan was amended in 2022 to exempt ADUs from density requirements and to set forth that the CDC should include provisions for ADUs and other housing types. This work implements that policy (now Quality Places Policies 6.1.7 and 6.1.10 in Clearwater 2045). Staff has conducted research into 12 communities located in Florida and across the country; staff has provided the results (Attachment A, Example Ordinance Elements). Based on this research staff identified some common development standards and regulations related to ADUs that are discussed below. Staff has also included recommendations for the city's ADU regulations for discussion. How Many ADUs Should be Permitted Per Parcel? Municipalities primarily allow one ADU per parcel, lot, or single-family dwelling. There are examples where municipalities will allow more than one ADU with Page 13 City of Clearwater Council Work Session Meeting Minutes February 12, 2024 conditions such as one of the units must be rented at an affordable rate. ADUs are typically exempted from density calculations. Recommendation: Permit one ADU per parcel and continue to exempt it from density calculations consistent with the Quality Places Chapter of the Comprehensive Plan In Which Zoning Districts Should ADUs Be Permitted? Based on the research, a majority of the municipalities allow ADUs in either all of their residential zoning districts or in residential zoning districts that primarily permit detached dwellings. In addition, some municipalities permit ADUs in nonresidential zoning districts. Recommendation: Permit ADUs in the in the Low Density Residential (LDR), Low Medium Density Residential (LMDR), and Medium Density Residential (MDR) Zoning Districts where primarily detached dwellings and small scale attached dwellings are permitted. Higher density residential districts tend to be developed with large scale apartment and condominium developments where the opportunities for construction of additional units is limited or not needed. The CDC currently permits accessory dwellings in certain nonresidential zoning districts for those uses that may require staff to be present during overnight hours and this should continue to be permitted. How Should Lot Size Be Regulated? Lot size requirements for ADUs can vary depending on community characteristics. Based on the research of the 12 municipalities, seven regulate that the minimum lot size for an ADU is consistent with that required for detached dwellings in the applicable zoning district, 3 set a minimum lot size for parcels to be eligible for an ADU, while 2 do not regulate lot size. Recommendation: Staff recommends that the minimum lot size for ADUs be subject to the requirements of the zoning district where the parcel is located. The three zoning districts identified by staff to permit ADUs all currently have lot size requirements that range from 3,000 to 20,000 square feet depending on the level of flexibility requested. Staff does not propose any changes to what currently exists; however, it should be noted that required minimum lot size will provide limitations on the type and size ADU that can be built on the property. What Setback Requirements Should Apply to ADUs? Setbacks for ADUs can vary based on whether the unit is attached to the primary dwelling unit or is detached. Based on staff's research, it is common Page 14 City of Clearwater Council Work Session Meeting Minutes February 12, 2024 for attached ADUs to be subject to the setback requirements of the applicable zoning district for a primary dwelling unit and for detached ADUs to be subject to the setback requirements of the applicable zoning district for accessory structures. Recommendation: Staff recommends that ADUs meet the setback requirements of the applicable zoning district where the parcel is located, with attached ADUs being subject to those of the primary dwelling unit and detached ADUs being subject to those of an accessory structure. A minimum separation distance between a primary dwelling unit and a detached ADU should also be considered to meet the minimum fire separation distance as outlined in the Florida Building Code. Should There Be an Occupancy Requirement? Based on the research staff found that some communities require the property owner to live on-site, and others do not. Of the 12 ordinances reviewed, six had an occupancy provision requiring the property owner to live in either the primary dwelling or the ADU. Some municipalities have opted to not include or repeal owner occupancy requirements for ADUs, as they do not have similar mandates for property owners renting out single family homes. Reports released by the American Association of Retired Persons (AARP) and Florida Housing Coalition (FHC) suggest that owner occupancy requirements can be onerous for property owners and be a barrier for the construction of ADUs. The FHC does recommend that if an owner occupancy provision is included in an ADU ordinance that it at minimum allow a property owner to live in the primary dwelling unit or ADU. Recommendation: Staff recommends that the property owner be required to live on-site for several reasons. Because Clearwater is a tourist destination, staff is concerned about investors buying property and gentrifying neighborhoods. While short term rentals are not permitted in the residential zoning districts proposed for ADUs, there is also concern that investors could see this is as an opportunity to develop short term rentals. Requiring the property owner to live on-site will aid in creating a stable residential area, minimize negative impacts as the owner is on-site to deal with issues, and create opportunities to generate income and provide more flexibility in living arrangements. How Large Should an ADU Be? Unit size is a nuanced regulation that varies for each municipality. Based on research, staff has found that municipalities commonly regulate the size of an ADU by square footage, percentage of the primary dwelling, or both. Other development standards that could impact the size of an ADU include minimum lot size, setbacks, and impervious surface ratio. Page 15 City of Clearwater Council Work Session Meeting Minutes February 12, 2024 Recommendation: Staff recommends setting the maximum unit size at 750 square feet or 50 percent of the gross floor area of the primary dwelling unit, whichever is less. The average size of detached dwelling units in the city is 1,700 square feet; however, a large percentage (49%) of units are less than 1,500 square feet, which would allow for a 750 square foot or less ADU. Should There Be Required Parking for ADUs? Municipalities often require an additional parking space if an ADU is added to a property. There are examples of not requiring an additional parking space if the ADU is under a certain size or if other requirements can be met such as proximity to a bus stop or employment center or an area with adequate space to accommodate on-street parking. Recommendation: Staff recommends requiring one additional parking space per ADU with the possibility of allowing a waiver of this requirement if certain conditions are met such as proximity to a bus stop or employment center or in an area with adequate space to accommodate on-street parking. One outstanding issue is to determine how to handle required parking if the property currently does not provide code compliant parking (number of spaces and/or driveway). Planning and Development staff is requesting direction on the items and recommendations outlined above. STRATEGIC PRIORITY: Amending the Community Development Code to allow Accessory Dwelling Units (ADUs) would support Strategic Objective 3.2 of the Strategic Plan by creating responsible development standards that would preserve community livability and provide additional housing options. In response to questions, Planner Dylan Prins said ADUs are currently allowed in the Industrial, Research and Technology zoning district. Planning and Development Director Gina Clyton said residential property owners wanting to build an ADU would have to plan for that as the main house will need to meet the setback requirements of the district and strategically place the ADU. Mr. Prins said a maximum ADU unit size is needed for the application approval process. Ms. Clayton said the ADU is an accessory, not the main use of the property and why the proposed maximum unit size is smaller than the main dwelling structure. Mr. Prins said Pinellas County does not require additional parking for ADUs and the city of St. Petersburg requires an additional parking space but allows flexibility in traditional neighborhoods. He said code requires that the primary dwelling unit have two parking spaces. If the driveway meets the parking space standards, it Page 16 City of Clearwater Council Work Session Meeting Minutes February 12, 2024 may be able to accommodate the additional parking space. Ms. Clayton said staff is recommending parking flexibility if there is on-street parking. The City does not regulate the stacking of parked cars on private property. Discussion ensued with council consensus for staff to proceed with the recommendations as provided. 7. Information Technology 7.1 Authorize purchase orders to multiple vendors for the purchase of computer parts, servers, and network equipment in the cumulative not-to-exceed amount of $1,200,000.00 for term February 1, 2024 through September 30, 2024, pursuant to Clearwater Code of Ordinances Section 2.563 (1)(c), Piggyback, and Section 2.561(5), small purchases, and authorize the appropriate officials to execute same. (consent) The Information Technology Department is requesting authorization to procure computer and network supplies from various vendors to include parts, cabling, servers, computers, power supplies, wireless and security technology for the maintenance and upgrade of the city's computer network and equipment. Purchases will be obtained through various piggyback contracts. The list of vendors with their piggyback contracts are attached and listed below. Vendors are as follows: Amazon: Omnia Contract No. MA3457 (State of Utah) valid through 05/05/2025 • https://www.omniapartners.com/suppliers/amazon-business/public-s ector/contract-documents#contract-390 <https://www.omniapartners.com/suppliers/amazon-business/public-sec for/contract-documents> CDW-Government LLC: • Omnia Contract No. MA3458 (State of Utah) valid through 05/05/2025 https://www.om niapartners.com/suppliers/cdwg/public-sector/contract-d ocuments#contract-387 �https://www.omniapartners.com/suppliers/cdw /public-sector/contract- documents> • Sourcewell Contract No. 071321-CDW valid through 09/10/2025 <https://www.sourcewell-mn. ov/cooperative-purchasing/071321-CDW > • Sourcewell Contract No. 081419-CDW valid through 10/30/2024 <https://www.sourcewell-mn. ov/cooperative-purchasing/081419-CDW > Page 17 City of Clearwater Council Work Session Meeting Minutes February 12, 2024 • State of Florida Contract No. 43230000-23-NASPO-ACS valid through 04/24/2027 <https://www.dms.myflorida.com/business operations/state_Purchasing /state contracts and agreements/alternate contract source/software value added reseller svar> Carasoft, Inc: State of Florida Contract No. 43230000-NASPO-16-ACS valid through 09/30/2026 • <https://www.dms.myflorida.com/business operations/state purch a sing/state contracts and agreements/alternate contract source/cloud solutions> GovConnection dba Connection Public Sector Solutions: Omnia Contract No. 01-144 (Region XIV Education Service Center) valid through 11/30/2025 https://www.omniapartners.com/suppliers/connection/public-sector/c ontract-documents#contract-1476 <https://www.omniapartners.com/suppliers/connection/public-sector/con tract-documents> InSight Public Sector Inc: • State of Florida Contract No. 43230000-23-NASPO-ACS valid through 04/24/2027 <https://www.dms.myflorida.com/business operations/state_Purchasing /state contracts and agreements/alternate contract source/software value added reseller svar> • State of Florida Contract No. 43230000-NASPO-16-ACS valid through 09/30/2026 <https://www.dms.myflorida.com/business operations/state_Purchasing /state contracts and agreements/alternate contract source/cloud sol utions> SHI International Corp: • State of Florida Contract No. 43230000-23-NASPO-ACS valid through 04/24/2027 <https://www.dms.myflorida.com/business operations/state_Purchasing /state contracts and agreements/alternate contract source/software value added reseller svar> • State of Florida Contract No. 43230000-NASPO-16-ACS valid through 09/30/2026 <https://www.dms.myflorida.com/business operations/state_Purchasing /state contracts and agreements/alternate contract source/cloud sol utions> Page 18 City of Clearwater Council Work Session Meeting Minutes February 12, 2024 Authorization to add additional vendors as needed is also requested following the proper procurement process with oversight from the Procurement Division to include small dollar purchases subject to Clearwater Code of Ordinances Section 2.561(5). APPROPRIATION CODE AND AMOUNT: Funds are available in various departmental cost centers in object codes 550100 (Office Supplies), 550400 (Operating Supplies) and 550800 (Computer Parts), as well as various Capital Improvement Projects to fund these purchases. STRATEGIC PRIORITY: These purchases help accomplish strategic objectives 1.2, 1.3, and 1.4. The Information Technology Department maintains critical public infrastructure to deliver sustain a high level of service to support a safe and healthy community. 7.2 Authorize an increase to the current purchase order with State of Florida Department of Management Services (DMS) for SUNCOM long distance service, State AIN Centranet lines, and toll-free lines, in an amount not to exceed $147,564.00 for the period February 1, 2024 through January 31, 2025, bringing the total amount of purchase order to $184,455.00 pursuant to Clearwater Code of Ordinances Section 2.563(1)(c), Piggyback or Cooperative Purchasing, and authorize the appropriate officials to execute same. (consent) The DMS SUNCOM services are telecommunications infrastructure and services used for all city alarm systems (-180 lines) and every location that is not serviced by the city's wide-area network (WAN) (-250). There are 430 individual phone lines used by the city at a rate of approximately $20/line/month, which is an approximate 50% discount from commercial service provider by our local carrier options. Many of these service lines are enhanced with long-distance service, local exchange connections, "800" services and conference calling capability. Department of Management Services Total - $147,564.00 - Long Distance $800 per month x 12 = $9,600.00 - Local $167 per month x 12 = $2,004.00 - Centranet lines $11,320 per month x 12 = $135,840.00 Page 19 City of Clearwater Council Work Session Meeting Minutes February 12, 2024 - 800 # $10.00 per month x 12 = $120 This is a piggyback off the State of Florida Department of Management Services, Contract No. Contract DMS-17/18-0046, valid through July 13, 2025. APPROPRIATION CODE AND AMOUNT: Funds are available in cost center 5559862. STRATEGIC PRIORITY: This item supports Strategic Objectives 1.3 and 1.4 by ensuring city facilities and staff have access to robust and stable communications services. 7.3 Authorize an increase to the current purchase order with APG Electric Inc, dba APG Technology for Audio/Video equipment, wireless equipment, supplies, and services, in an amount not to exceed $750,000.00 for the period February 1, 2024 through November 30, 2026, bringing the total amount of purchase order to $782,549.82 pursuant to Clearwater Code of Ordinances Section 2.563(1)(c), Piggyback or Cooperative Purchasing, and authorize the appropriate officials to execute same. (consent) The APG services are for audio and video (AV) infrastructure and services used for all city presentation and training solutions at all City facilities (approximately 62 facility locations). The infrastructure includes monitors, TV's, video walls, access points, switches, control systems, wiring and mounting equipment for installations of AV and wireless solutions at City facilities in support of departmental operations, and support of public wireless services at libraries and public spaces. APG Technology services and products are available through Tips-USA Interlocal Purchasing System under Contract #230901, Audio Visual Equipment, Supplies, and Services (Department of Texas Region 8 Education Service Center) valid through 11/30/2026 and Contract#230105, Technology Solutions Products and Services (Department of Texas Region 8 ESC) valid through 05/31/2028. APPROPRIATION CODE AND AMOUNT: Funds are available in various departmental cost centers in object codes 550100 (Office Supplies), 550400 (Operating Supplies) and 550800 (Computer Parts), as well as various Capital Improvement Projects to fund these purchases. STRATEGIC PRIORITY: These purchases help accomplish strategic objectives 1.2, 1.3, and 1.4. The Information Technology Department maintains critical public infrastructure to Page 20 City of Clearwater Council Work Session Meeting Minutes February 12, 2024 deliver sustain a high level of service to support a safe and healthy community. 8. Marine & Aviation 8.1 Reapprove the Joint Participation Agreement (JPA) G2092 between the City of Clearwater and the State of Florida Department of Transportation (FDOT), Parking Lot Expansion and Rehabilitation at the Clearwater Airpark, authorize the appropriate officials to execute same, and adopt Resolution 24-01 as amended. FDOT JPA Agreement G2092 provides for an 80% grant for Parking Lot Expansion and Rehabilitation, with 20% cash match. The design and construction will provide the plans, permitting, and the construction for the new Parking Lot. The project cost is estimated at $800,000 with FDOT contributing $640,000 and FlyUSA reimbursing the City for the cash match portion estimated at $160,000. APPROPRIATION CODE AND AMOUNT: A first quarter budget amendment will increase capital project 302-G2307, Aviation Operations Center, by $800,000 recognizing grant funding of $640,000 and reimbursement revenues of$160,000 to provide project funding for this agreement. STRATEGIC PRIORITY: High Performing Government: 1.2 Maintain public infrastructure, mobility systems, natural lands, environmental resources, and historic features through systematic management efforts. Economic & Housing Opportunity: 2.2 Cultivate a business climate that welcomes entrepreneurship, inspires local investment, supports Eco-friendly enterprises, and encourages high-quality job growth. 8.2 Reapprove the Joint Participation Agreement (JPA) G2086 between the City of Clearwater and the State of Florida Department of Transportation (FDOT), Geo Technical and Survey of Airpark Property at the Clearwater Airpark, authorize the appropriate officials to execute same, and adopt Resolution 24-02 as amended. FDOT JPA Agreement G2086 provides for an 80% grant for the Geo Tech and Survey work, with 20% cash match. Clearwater Airpark has several important infrastructure improvement projects planned to improve the user experience as well as to upgrade facilities that have passed their useful life. These projects include milling and resurfacing existing asphalt, a new terminal building, new corporate hangars and T-hangars, repairs to existing hangars, and the Page 21 City of Clearwater Council Work Session Meeting Minutes February 12, 2024 potential for expanding asphalt areas for plane tie-downs. Each individual project will be handled by independent design and construction teams to guarantee competitive pricing and to engage specialized consultant teams for each component. These projects lie throughout the forty-seven acres of the property, and each will require a current survey and geotechnical analysis for permitting and for ensuring that the right solutions are put in place by providing all known conditions to the various design teams. Therefore, developing one comprehensive survey and geotechnical report of the entire site for distribution to all design and construction teams will provide consistency and efficiency as the City moves forward to building a chapter of the Airpark's history. The project cost is estimated at $100,000 with FDOT contributing $80,000 and FIyUSA reimbursing the City for the cash match portion estimated at $20,000. APPROPRIATION CODE AND AMOUNT: A first quarter budget amendment will establish capital improvement project G2409, Airpark Property Survey, recognizing a budget increase of$80,000 in FDOT grant revenue and $20,000 in reimbursement revenues to create the project budget and fund this agreement. STRATEGIC PRIORITY: High Performing Government: 1.2 Maintain public infrastructure, mobility systems, natural lands, environmental resources, and historic features through systematic management efforts. Economic and Housing Opportunity: 2.2 Cultivate a business climate that welcomes entrepreneurship, inspires local investment, supports Eco-friendly enterprises, and encourages high-quality job growth. 8.3 Reapprove the Joint Participation Agreement (JPA) G2080 between the City of Clearwater and the State of Florida Department of Transportation (FDOT), Design of Corporate Hangars at the Clearwater Airpark, authorize the appropriate officials to execute same, and adopt Resolution 24-03 as amended. FDOT JPA Agreement G2080 provides for an 80% grant for the Design of new Corporate Hangars, with 20% cash match. The design will provide the building plans and permitting for the new building. The project cost is estimated at $679,308 with FDOT contributing $543,447 and FIyUSA reimbursing the City for the cash match portion estimated at $135,861. APPROPRIATION CODE AND AMOUNT: Funds are available in capital improvement project G2401, Airpark Hangars, to fund this agreement. Page 22 City of Clearwater Council Work Session Meeting Minutes February 12, 2024 STRATEGIC PRIORITY: High Performing Government: 1.2 Maintain public infrastructure, mobility systems, natural lands, environmental resources, and historic features through systematic management efforts. Economic & Housing Opportunity: 2.2 Cultivate a business climate that welcomes entrepreneurship, inspires local investment, supports Eco-friendly enterprises, and encourages high-quality job growth. 9. Public Utilities 9.1 Approve a purchase order with Hadronex Inc. DBA SmartCover System located in Escondido, California, and the city of Clearwater Public Utilities for the purpose of using SmartCover software for online application of mapping and monitoring service of the wastewater system, from February 2, 2024 through January 31, 2026, in the amount of$74,236.65 pursuant to Clearwater Code of Ordinances Section 2.563(1) (a), Single Source, and authorize the appropriate officials to execute same. (consent) City of Clearwater Wastewater Collections will use the SmartCover system renewal contract to continue to provide coverage for the online application of mapping and monitoring services at the City's SmartCover locations. The SmartCover monitors manholes within the gravity system, having the immediate ability to provide notification of high-water levels, thereby helping to prevent sanitary sewer overflows within the system. The purchase order includes the ability to continue capturing data and reports of the SmartCover units, including rain data sensors within the system. It also covers sensors/ batteries/ material products /devices/ hardware and extended warranties for all the SmartCover units currently located within our gravity system. This item will cause the City to exceed $100,000.00 in purchases with this vendor for this fiscal year, and therefore, pursuant to city code Sec. 2.554(1) (b), it must be approved by the city council. APPROPRIATION CODE AND AMOUNT: Funds are available in cost code 4211346-530300 Other Contractual Services. STRATEGIC PRIORITY: In furtherance of the Council's Strategic Plan to achieve High Performing Government by maintaining public infrastructure through systematic management efforts, approval for an agreement is requested. 10. City Attorney 10.1Approve a Legal Services Agreement between the City and Bush Graziano Rice and Page 23 City of Clearwater Council Work Session Meeting Minutes February 12, 2024 Hearing, P.A. for the legal representation in the matter of Nathaniel Brooks v. City of Clearwater and Joseph Roseto, Civil Action No. 8:21-CV-02967-SDM-TGW, and authorize the appropriate officials to execute same. (consent) The City of Clearwater was served with a lawsuit alleging that Mr. Brooks' civil rights were violated by events that occurred between 2014 and 2018. The Code of Ordinances requires the City to protect and defend both current and former employees in any civil action or proceeding in any state or federal court arising out of any alleged act or omission which occurred or is alleged in the complaint to have occurred while the employee was acting within the scope of his public employment or duties. Mr. Roseto was the former HR Director and named as a co-defendant with the City. The claims against Mr. Roseto were dismissed in December 2023. The City Attorney initially assigned defense of this lawsuit to the law firm of GrayRobinson, P.A., with Gregory Hearing, Esq. being the lead attorney. In October 2023, Mr. Hearing began working for the law firm of Bush Graziano Rice & Hearing, P.A., and the City continued to use the services of Mr. Hearing. Due to the ongoing litigation, the case involving multiple defendants (City and Mr. Roseto), and the likelihood of a week-long jury trial, it is necessary to increase the budget. This agreement is for $115,000.00, which includes services through trial. This agreement is exempt from bidding requirements pursuant to Section 2.563(1)(g), Clearwater Code of Ordinances. APPROPRIATION CODE AND AMOUNT: Funds are available in cost code 0109600-530100, Professional Services, to fund this contract. 10.2Adopt Ordinance 9744-24 on second reading, revising the structure of the Downtown Development Board,. During the Council meeting taking place on Dec. 19, 2023, the City Council directed the City Attorney to revise the governance structure of Clearwater's Downtown Development Board (DDB). Page 24 City of Clearwater Council Work Session Meeting Minutes February 12, 2024 11. City Manager Verbal Reports The City Manager thanked Fire, Police, and Public Communications staff, as well as supporting agencies, for their outstanding efforts in responding to the recent plane crash. 12. City Attorney Verbal Reports The City Attorney said he is working with PS TA's attorney to close on the real estate transaction. He said PSTA staff were premature in coordinating a ceremonial signing with Council, he contacted PSTA counsel and advised them to coordinate the ceremonial aspect of the transaction through his office. Closing is tentatively scheduled for February 29. He said an item will be presented to the Community Redevelopment Agency regarding the Gotham agreement that Council recently approved. 13. Council Discussion Item 13.1 City Attorney/City Manager Goals - Councilmember Beckman Councilmember Beckman said Council agreed last year that the City Manager and City Attorney be asked to suggest SMART annual goals. Since Council has provided direction on the strategic plan, now is the time to discuss those goals so they can be evaluated in October. She suggested that the City Manager and City Attorney present their goals at the next work session. The City Attorney said Resolution 23-19 governs goal setting for the City Manager and City Attorney. The resolution states that effective this year there will be a new standardized process, setting goals in September. Historically, there has not been a uniform process as some councilmembers chose to provide a written, verbal, or constant feedback. 14. 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 provided an update on the Pinellas County Opioid Abatement Funding Committee's recent activities. The Committee is comprised of county leaders who are working together to determine how Pinellas County will allocate over$110 million over 18 years. The funds will be used for opioid addiction and prevention services in Pinellas County. She said an RFP was issued for a gap analysis to determine the available services, the gaps, and identify where transformative changes could occur. Approximately$478,000 was allocated for the analysis. She said Earnst & Page 25 City of Clearwater Council Work Session Meeting Minutes February 12, 2024 Young will be conducting the gap analysis over the next 14 weeks. Councilmember Allbritton said he requested a staff update on the short-term fix for North Beach flooding at the council meeting. Public Works Director Marcus Williamson said four temporary pumps, with automatic on/off floats were installed and staff is monitoring the pumps to see when they turn on and for how long. Staff selected the four most problematic locations. He said storms are needed to observe how the area is impacted. In March, the maintenance pipe cleaning contract will be presented to Council, which will provide barnacle cleaning and lining. 15. Closing Comments by Mayor— None. 16. Adjourn The meeting adjourned at 3:03 p.m. Page 26 City of Clearwater