02/20/2025 City Council Meeting Minutes February 20, 2025
City of Clearwater
Main Library- Council Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
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Meeting Minutes
Thursday, February 20, 2025
6:00 PM
Main Library - Council Chambers
City Council
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City of Clearwater
City Council Meeting Minutes February 20, 2025
Roll Call
Present: 5 - Mayor Bruce Rector, Vice Mayor David Allbritton, Councilmember
Ryan Cotton, Councilmember Michael Mannino and Councilmember
Lina Teixeira
Also Present: Jennifer Poirrier— 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— Mayor Rector
The meeting was called to order at 6:00 p.m.
2. Invocation — Pastor Steve Kreloff from Lakeside Community Chapel
3. Pledge of Allegiance
4. Special recognitions and Presentations (Proclamations, service awards, or other
special recognitions. Presentations by governmental agencies or groups providing
formal updates to Council will be limited to ten minutes.) — Given.
4.1 February Service Awards
No action.
4.2 Newspaper in Education Week 2025 Proclamation, March 3-7, 2025 - Sue Bedry,
Newspaper in Education Development Officer - Tampa Bay Times
4.3 Youth Art Month 2025 Proclamation, March 2025 - Betsy Walch, Beth Daniels, Maria
Cantonis - The Clearwater Arts Alliance
4.4 North Beach Update
5. Approval of Minutes
5.1 Approve the minutes of the February 6, 2025 City Council Meeting as submitted in written
summation by the City Clerk.
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City Council Meeting Minutes February 20, 2025
Councilmember Cotton moved to approve the minutes of the
February 6, 2025 City Council Meeting as submitted in written
summation by the City Clerk. The motion was duly seconded and
carried unanimously.
Public Hearings - Not before 6:00 PM
6. Administrative Public Hearings
6.1 Approve a Development Agreement between AP Beach Properties, LLC and the City of
Clearwater for property located at 405 Coronado Drive, adopt Resolution 25-01, and
authorize the appropriate officials to execute same. (HDA2024-09001)
Site Location and Existing Conditions:
The subject property is a 1.759-acre parcel operating as a surface parking lot
with frontage along Coronado and Hamden Drives (420 feet and 370 feet,
respectively) and Fifth Street (220 feet). It is located within the Tourist (T)
District and the Small Motel District of Beach by Design with an underlying
future land use designation of Resort Facilities High (RFH).
The surrounding area is characterized by a mix of uses including overnight
accommodations (hotels), retail, outdoor recreation and entertainment,
restaurant and attached dwellings with heights ranging from one to 15 stories.
There are one- to two- story hotels adjacent to the site and a five-story attached
dwelling located at the northeast corner of Bayside Drive and Hamden Drive.
The City's Beach Walk project, to the west, has been constructed transforming
South Gulfview Boulevard to the north of this site into a winding beachside
promenade with tropical landscaping with clear views to Clearwater Beach and
the water beyond. Coronado Drive has largely been improved according to
Beach by Design.
Site History:
A portion of the property (originally five parcels on the northern end) was
previously subject to a Development Agreement approved by the City Council
on October 2, 2014. An amended agreement was subsequently approved on
February 4, 2022, that incorporated additional land (three parcels to the south)
into the site design (HDA2013-08006/HDA2013-08006A). The original
Development Agreement recently expired, and the applicant is proposing a new
Development Agreement and conceptual design and is requesting 100 units
from the Hotel Density Reserve. The development proposal is described in
detail later in this memo.
The overall size of the proposed development site has not changed; the eight
parcels referenced above have been consolidated into the single subject parcel.
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However, the various properties comprising the site have different histories
which are provided below.
North portion of the site (previously 401/405/415/419 Coronado Drive and 406
Hamden Drive):
• On April 19, 2011, the Community Development Board (CDB) approved
a Level Two Flexible Development application (FLD2011-02005) for a
surface parking lot which has been constructed.
• On September 18, 2014, the City Council approved the allocation of up
to 100 units from the Hotel Density Reserve under Beach by Design
(HDA2013-08006) and adopted a resolution to the same effect
(Resolution No. 14-25). The owners proposed to develop the site with a
166-unit overnight accommodation use with associated
accessory/amenity uses including commercial space, restaurant,
meeting rooms, and an exercise room. This Development Agreement,
as amended on February 4, 2022 (HDA2013-08006A), expired on
October 8, 2024.
• On July 21, 2015, the CDB approved a Level Two Flexible Development
application (FLD2015-05016) for a 166-room overnight accommodation
use in the Tourist (T) District. The CDB approved an amendment on
May 17, 2022 (FLD2015-05016A), subsequent to the modifications to the
Development Agreement referenced above. A series of extension
requests have been approved extending the validity of the issued
Development Order until March 14, 2027.
South portion of the site (previously 410/420 Hamden Drive):
• On December 28, 2018, the Community Development Coordinator
approved a Level One Flexible Standard Development application
(FLS2018-05024) for a surface parking lot for property including 410/420
Hamden Drive. The approval expired one year later.
• On November 17, 2020, the CDB approved a Level Two Transfer of
Development Rights (TDR2020-07002) which transferred four hotel
units from 410 Hamden Drive (Parcel ID 08-29-15-17622-000-0100) and
seven hotel units from one of the two parcels comprising 420 Hamden
Drive (Parcel ID 08-29-15-17622-000-0080), all to property located at
400/405/408/409/411 East Shore Drive.
• On October 19, 2021, the CDB approved a Level Two Transfer of
Development Rights (TDR2021-08004) which transferred the remaining
two dwelling units from 410/420 Hamden Drive (Parcel IDs 08-29-15-
17622-000-0100, 08-29-15-17622-000-0090 and 08-29-15-17622-000-
0080) to property located at 619/629/631/635 Mandalay Avenue.
• The two approved TDR applications removed all development potential
from these three additional parcels.
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Development Proposal:
No changes have been made to the Development Proposal presented at the
February 6, 2025 council meeting.
The proposal is to remove all the existing site improvements on the 1.759-acre
site and to construct a hotel with 135 overnight accommodation units as well as
retail and restaurant spaces. The northern portion of the property that has
remaining development potential is 1.32 acres, and as previously discussed,
the 0.439-acre southern portion does not have remaining development potential.
The underlying Resort Facilities High (RFH) future land use designation allows
for 50 overnight accommodations units per acre or 1.2 FAR for nonresidential
uses.
The proposal of 20,000 square feet of retail area and 6,825 square feet of
restaurant area requires 0.613 acres of land, leaving 0.707 acres of land with
development potential that can be used for overnight accommodations units. To
achieve the proposed number of units, the project utilizes the 35 units possible
from this remaining acreage, in addition to the requested 100-unit allocation
from the Hotel Density Reserve (Reserve) through Beach by Design.
With the incorporation of the retail and restaurant area, and the reduction of the
number of hotel units from 166 as approved in 2014 (HDA2013-08006) to 135
rooms, the subject site's density (hotel units per acre) will decrease from 94.32
hotel units per acre to 77 units per acre. The reduction of the number of hotel
units will enable the provision additional services to the hotel guests. The
building will continue to be 100 feet in height as measured from the established
design flood elevation to flat roof. The proposal continues to include a tropical
modern architecture, which is consistent with and complements the tropical
vernacular envisioned in Beach by Design. The request includes a conceptual
site plan and accompanying building elevations (Exhibit B).
The site will be accessed via a two-way driveway from Hamden Drive at the
southeast corner of the property which will provide access to the parking garage
component of the development. A one-way ingress is provided centrally along
the north side of the site along Fifth Street which also provides access to the
parking garage as well as an underbuilding drop off area. The egress for the
drop off area is also located along Fifth Street. A one-way egress from the
parking garage is provided at the northeast side along Hamden Drive. The
primary pedestrian entrance is located at the northwest corner of the site.
The northwest corner of the building on the ground floor contains a lobby, retail
area and restaurant. The first five floors of the building will contain a parking
garage as well as miscellaneous back-of-house components such as
maintenance rooms and laundry facilities. The sixth floor will include a pool and
pool deck and other amenities such as private balconies, exercise areas and
related activities such as yoga. The seventh and eighth floors will be dedicated
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almost entirely to hotel rooms and the nineth floor with include rooms, outdoor
amenities as well as an indoor/outdoor bar and lounge.
Proposal's Consistency with the Community Development Code (CDC):
Minimum Lot Area and Width:
Pursuant to CDC Table 2-802, the minimum required lot area and width for an
overnight accommodations use is 20,000 square feet and between 100 and 150
feet in lot width, respectively. The subject property is 76,622 square feet in area
and approximately 420 feet wide. The site is consistent with these Code
provisions.
Minimum Setbacks:
The conceptual site plan depicts setbacks of 15 feet along the Fifth Street and
Hamden Drive (north and east) frontages, and 10 feet along all remaining
property lines of the site including the frontage along Coronado Drive. The
proposed setbacks may be approved as part of a Level One (FLS) application,
subject to meeting the applicable flexibility criteria of the Community
Development Code; however, other elements such as height may require the
project to be a Level Two (FLD) application.
Maximum Height:
Section B of the Design Guidelines within Beach by Design specifically
addresses height. The proposal provides for a building 100 feet in height as
measured from the design flood elevation where a height of up to 100 feet is
permitted as prescribed by the CDC (subject to meeting the applicable flexibility
criteria of the CDC and approved as part of a Level Two Flexible Development
application) and as limited by any applicable Beach by Design requirements.
The height of the proposed building is consistent with the guidelines of Beach
by Design.
Minimum Off-Street Parking:
The 135-room overnight accommodations use requires a minimum of 162
off-street parking spaces. A parking garage located on the first five levels of the
building will provide 400 spaces, including 50 which are available for public use.
This is consistent with the applicable Sections of the CDC.
Landscaping:
While a formal landscape plan is not required to be submitted for review at this
time, the conceptual landscape areas depicted on the site plan show that
adequate spaces for foundation landscaping will be provided along all street
frontages. Since no perimeter landscape buffers are required in the Tourist (T)
District, the proposed landscape areas meet or exceed what is required. It is
noted, however, that flexibility may be requested/necessary as part of a
Comprehensive Landscape Program which would be reviewed at time of formal
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site plan approval.
Proposal's Consistency with Beach by Design:
Design Guidelines:
A review of the provided architectural elevations and massing study was
conducted and the proposed building does appear to be generally consistent
with the applicable Design Guidelines established in Beach by Design.
However, a more formal review of these Guidelines will need to be conducted
as part of the final site plan approval process.
Hotel Density Reserve:
The project has been reviewed for compliance with those criteria established
within Beach by Design concerning the allocation of hotel rooms from the
Reserve. The project appears to be generally consistent with those criteria,
including that the development complies with the Metropolitan Planning
Organization's (MPO) countywide approach to the application of traffic
concurrency management for transportation facilities. The submitted Traffic
Impact Study concludes that traffic operations at nearby intersections and on
adjacent roadways would continue at acceptable levels of service.
It is important to note that the south portion of the site has had all development
potential transferred to other properties within the Beach by Design planning
area. Beach by Design Section V.13.2 provides that "Those properties and/or
developments that have had density transferred off to another property and/or
development(s) through an approved Transfer of Development Rights (TDR)
application by the City after December 31, 2007, are not eligible to have rooms
allocated from the Reserve." Staff believes that the intent of this provision is to
prevent a property owner from selling off development potential and then
requesting units from the Reserve thereby profiting from the Reserve. This
portion of the site was not in common ownership at the time the 100 units were
allocated to the original proposal, and the inclusion of the parcels will result in
the overall site density (units per acre) decreasing; therefore, the project does
not utilize these lots for development potential at all. The primary purpose of
adding these parcels is to provide the opportunity to provide a more efficient
parking garage layout which will allow for the provision of all required parking
spaces as well as a minimum of 50 spaces for use by the public. In short, the
proposal provides for a scenario that Staff believes was not considered at the
time that Beach by Design was written. Staff believes that the proposal meets
the intent of Beach by Design and approval of the request.
Standards for Development Agreements:
CDC Section 4-606 sets forth the procedures and criteria for reviewing
development agreements. Specifically, development agreements shall be
consistent with Clearwater 2045, the city's Comprehensive Plan. The proposal
furthers the goals, objectives and policies of the Comprehensive Plan as
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provided below.
Goal QP 3: Support the on-going transformation of the Downtown and
Clearwater Beach Activity Centers as high intensity, walkable, and
attractive regional centers for living, working, shopping, and
entertainment.
Objective QP 3.3: Continue to use Beach by Design:A Preliminary
Design for Clearwater Beach and Design Guidelines (Beach by Design)
to guide development, redevelopment, and placemaking on Clearwater
Beach.
Policy QP 3.3.4: Continue to utilize the Hotel Density Reserve allocation
as established in Beach by Design to facilitate hotel development on
Clearwater Beach.
The proposal is in compliance with the standards for development agreements,
is consistent with the Comprehensive Plan and furthers the vision of beach
redevelopment set forth in Beach by Design. The proposed Development
Agreement will be in effect for a period not to exceed ten years, meets the
criteria for the allocation of rooms from the Hotel Density Reserve under Beach
by Design and includes the following main provisions:
• Provides for no change in the number of units (100 units) allocated from
the Hotel Density Reserve (previously approved as part of HDA2013-
08006/Resolution No. 14-25 and HDA2013-08006A/ Resolution No. 22-
01);
• Includes conceptual site plans, architectural drawings, elevations and
perspectives in Exhibit B that appear to be generally consistent with the
applicable Design Guidelines established in Beach by Design;
• Requires the developer to obtain site plan approval within one year of
approval, commence vertical construction within four years from the
date of site plan approval, and obtain a certificate of occupancy within
six years from the date of site plan approval;
• Requires the return of any hotel unit obtained from the Hotel Density
Reserve that is not constructed;
• Prohibits the conversion of any hotel unit allocated from the Hotel
Density Reserve to a residential use and requires the recording of a
covenant restricting use of such hotel units to overnight
accommodations usage; and
• Requires a legally enforceable mandatory evacuation/closure covenant
that the hotel will be closed as soon as practicable after a hurricane
watch that includes Clearwater Beach is posted by the National
Hurricane Center.
Changes to Development Agreements:
Pursuant to Section 4-606.1, CDC, a Development Agreement may be amended
by mutual consent of the parties, provided the notice and public hearing
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requirements of Section 4-206 are followed. Revisions to conceptual site plans
and/or architectural elevations attached as exhibits to this Development
Agreement shall be governed by the provisions of the CDC, Section 4-406.
Minor revisions to such plans may be approved by the Community Development
Coordinator. Other revisions not specified as minor shall require an
amendment to this Development Agreement.
Summary and Recommendation:
The proposal appears to be generally consistent with applicable components of
the Community Development Code and Beach by Design and the city's
Comprehensive Plan. Staff is supportive of the request.
One individual spoke in support.
Two individuals spoke in opposition.
Resolution 25-01 was presented and read by title only.
Councilmember Teixeira moved to approve a Development
Agreement between AP Beach Properties, LLC and the City of
Clearwater for property located at 405 Coronado Drive, adopt
Resolution 25-01, and authorize the appropriate officials to
execute same. The motion was duly seconded and upon roll call,
the vote was:
Ayes: 5 - Mayor Rector, Vice Mayor Allbritton, Councilmember Cotton,
Councilmember Mannino and Councilmember Teixeira
6.2 Approve a funding agreement between the City of Clearwater and the Pinellas Suncoast
Transit Authority (PSTA) to provide enhanced Jolley Trolley service during Spring Break
period of March 2, 2025 through May 3, 2025, with the City contributing an amount not to
exceed $108,171.00 and authorize the appropriate officials to execute same.
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 PSTA propose utilizing the parking lots at 112 S. Osceola Avenue and
200 S. Osceola Avenue as park and ride lots for the period commencing March
2, 2025 through May 3, 2025. Instead of driving, users will have the option of
taking the free Trolley services to and from the Beach or paying to ride the
Clearwater Ferry Taxi Service. The Trolley service will be free only for people
who board the trolley at the 112 S. Osceola Avenue and 200 S. Osceola Avenue
Park and ride site lots, at the Clearwater Beach Transit Station on the north side
of Memorial Causeway, or at the Clearwater Beach Municipal Marina designated
pick up location.
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PSTA currently provides regular service on several routes between Downtown
and Clearwater Beach, as well as north and south along the Beach. PSTA
operates the Suncoast Beach Trolley which runs from Downtown Clearwater
south to St. Pete Beach and has an agreement with the Jolley Trolley to operate
a Beach circulator (North and South Beach routes), as well as the Coastal route
connecting to Tarpon Springs. As part of this additional agreement, PSTA
developed a service plan that will increase the number of vehicles serving the
Beach during the Spring Break season, especially on the weekend periods from
Friday through Sunday during spring break periods for local school districts and
during the Sugar Sands Festival.
The proposed agreement sets forth the City's commitment to contribute an
amount not to exceed $108,171.00 towards PSTA's additional financial
obligations, including PSTA's agreement with the Jolley Trolley to provide
enhanced service on its Beach circulator routes during the Spring Break
season. This amount is 50% of the total cost; PSTA will provide the other 50%.
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 Public Works - Parking Division operating cost code
4351333-581000 (payment to agencies) to fund this agreement. Parking
operations are funded by Parking Enterprise Fund revenues. These monies
were contemplated within the FY24-25 budget.
STRATEGIC PRIORITY:
4.4 Develop accessible and active transportation networks that enhance
pedestrian safety and reduce citywide greenhouse gas emissions.
One individual spoke in opposition.
Vice Mayor Allbritton moved to approve a funding agreement
between the City of Clearwater and the Pinellas Suncoast Transit
Authority (PSTA) to provide enhanced Jolley Trolley service
during Spring Break period of March 2, 2025 through May 3, 2025,
with the City contributing an amount not to exceed $108,171.00
and authorize the appropriate officials to execute same. The
motion was duly seconded and carried unanimously.
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6.3 Award purchase orders to Harrell's, LLC, Heritage Landscape Supply Group, Inc. dba
Heritage Professional Products Group, Howard Fertilizer and Chemical LLC, MAR Green
Resources LLC and SiteOne Landscape Supply for citywide Herbicide, Pesticide and
Assorted Related Products in the cumulative amount of$175,000 for initial term of March
1, 2025 through September 30, 2025, with two, one-year renewal options at $300,000.00
annually pursuant to Invitation to Bid 55-24 and authorize the appropriate officials to
execute same.
Invitation to Bid # 55-24 Herbicide, Pesticide and Assorted Related Products
was released on August 5, 2024, and five submissions were received on
September 5, 2024. The Parks & Recreation Department evaluated each
submission and determined that the five noted companies, Harrell's, LLC,
Heritage Landscape Supply Group, Inc. dba Heritage Professional Products
Group, Howard Fertilizer& Chemical LLC, MAR Green Resources LLC and
SiteOne Landscape Supply, meet the requirements of the city. This award is
proposed to be made to the noted five vendors to ensure a continuity of supply
and flexibility in the ordering of product and/or services, as may be needed.
Therefore, the Parks & Recreation Department is recommending the award of
the contract to the five vendors as follows:
Category 1 - Fungicides
1. Harrell's, LLC; 1.2.
2. Heritage Landscape Supply Group, Inc. dba Heritage Professional
Products Group; 1.1-1.3, 1.6-1.7, 1.11 and 1.13.
3. Howard Fertilizer & Chemical LLC; 1.2 and 1.12.
4. SiteOne Landscape Supply; 1.2, 1.4-1.5, and 1.8-1.9.
Category 2 - Herbicides
1. Harrell's, LLC; 2.1-2.2, 2.5 (secondary), 2.17, 2.20, 2.22, 2.23
(secondary) 2.24-2.25, 2.32-2.36, 2.39, and 2.44 (secondary).
2. Heritage Landscape Supply Group, Inc. dba Heritage Professional
Products Group; 2.1-2.2, 2.3 (secondary), 2.4, 2.6, 2.8-2.12, 2.14
(secondary), 2.17, 2.19 (secondary), 2.20-2.21, 2.24-2.25, 2.32-2.34,
2.36-2.40, 2.41 (secondary), 2.42-2.43, 2.44 (secondary), 2.45, and
2.49-2.50.
3. Howard Fertilizer & Chemical LLC; 2.1-2.2, 2.7, 2.14 (secondary), 2.16-
2.17, 2.22, 2.24-2.25, 2.32-2.36, 2.44 (secondary), and 2.47-2.48.
4. MAR Green Resources LLC; 2.3, 2.5, 2.14-2.15, 2.19, 2.23, 2.30, 2.41
and 2.44.
5. SiteOne Landscape Supply; 2.1-2.2, 2.5 (secondary), 2.13, 2.14-2.15
(secondary) 2.17-2.18, 2.20, 2.22, 2.24-2.29, 2.30 (secondary), 2.31-
2.36, 2.39, 2.44 (secondary), 2.46, and 2.47-2.48 (secondary).
Category 3 - Pesticides and Insecticides
1. Harrell's, LLC; 3.4.
2. Heritage Landscape Supply Group, Inc. dba Heritage Professional
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Products Group; 3.2-3.4, and 3.8-3.13.
3. Howard Fertilizer & Chemical LLC; 3.4-3.5 and 3.7.
4. SiteOne Landscape Supply; 3.1, 3.4, 3.6 and 3.14.
Category 4 - Fertilizer
1. Howard Fertilizer & Chemical LLC; 4.2, 4.4, 4.12, 4.14-4.17, 4.19-4.20,
4.22 and 4.26.
2. SiteOne Landscape Supply; 4.1, 4.2 (secondary), 4.3, 4.4 (secondary),
4.5-4.11, 4.13-4.14, 4.18, 4.19-4.20 (secondary), 4.21, 4.23-4.25, and
4.27.
Category 5 - Related Products (Misc.)
1. Harrell's, LLC; 5.4 (secondary).
2. Heritage Landscape Supply Group, Inc. dba Heritage Professional
Products Group; 5.1, and 5.7-5.8.
3. Howard Fertilizer & Chemical LLC; 5.4.
4. SiteOne Landscape Supply; 5.2-5.3, 5.5-5.6 and 5.9.
Category 6 -Catalogue and Pick up Discount
1. No award.
Category 7 - Insecticide with application
1. Howard Fertilizer & Chemical LLC; 7.1.
This contract will be used for parks and recreational facilities.
The Parks & Recreation Department estimates the annual expense of this
contract at $175,000 for the initial term of March 1, 2025 through September 30,
2025 and $300,000 per year for the two one-year renewal options from Parks &
Recreation funding with. The Parks & Recreation Department will ensure that
all requirements, including any applicable provision of insurance, will be met.
APPROPRIATION CODE AND AMOUNT:
Funding will come from a variety of general fund cost centers; primarily from,
parks & beautification (0101860) and athletic maintenance (0101880) codes, as
well as various Capital Improvement Project codes (M2204, M2206, M2207).
The Parks and Recreation department and these capital projects are funded by
General Fund revenues.
STRATEGIC PRIORITY:
Approval of the purchase order supports several Strategic Plan Objectives,
including:
1.2: Maintain public infrastructure, mobility systems, natural lands,
environmental resources, and historic features through systematic
management efforts;
2.3: Promote Clearwater as a premier destination for entertainment,
cultural experiences, tourism, and national sporting events; and
3.2: Preserve community livability through responsible development
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standards, proactive code compliance, and targeted revitalization.
In response to questions, Parks and Recreation Assistant Director Matt
Anderson said the City selected the lowest responsible bidder. He said some
the chemicals listed by MAR Green Resources are generic products. The
City has an integrative pest management approach, utilizing chemical
products when needed. The Department tracks the use of chemicals at
city parks and posts the information on the Department's webpage.
Councilmember Mannino moved to award purchase orders to
Harrell's, LLC, Heritage Landscape Supply Group, Inc. dba
Heritage Professional Products Group, Howard Fertilizer and
Chemical LLC, MAR Green Resources LLC and SiteOne
Landscape Supply for citywide Herbicide, Pesticide and Assorted
Related Products in the cumulative amount of$175,000 for initial
term of March 1, 2025 through September 30, 2025, with two,
one-year renewal options at $300,000.00 annually pursuant to
Invitation to Bid 55-24 and authorize the appropriate officials to
execute same. The motion was duly seconded and carried
unanimously.
6.4 Approve the Joint Participation Agreement (JPA) G3901 between the City of Clearwater
and the State of Florida Department of Transportation (FDOT), for the construction of a
rotating beacon at the Clearwater Airpark, authorize the appropriate officials to execute
same, and adopt Resolution 25-05.
On January 12, 2023, City Council approved the Lease and Property Operating
Agreement (Operating Agreement) with FIyUSA to manage the Clearwater
Airpark, and subsequently approved the First Amendment to the Lease and
Property Operating Agreement on March 7, 2024.
As part of the public-private partnership, the City and FIyUSA seek to redevelop
Airpark facilities, including the terminal building and additional corporate
hangars. In accordance with the Operating Agreement, specifically article 12,
the City and FIyUSA agreed in good faith to pursue FDOT funding for certain
capital improvement projects that repair, redevelop, and revitalize the Airpark.
FIyUSA requested to seek FDOT funding availability for this project.
FDOT JPA Agreement G3901 provides for a $110,000.00 grant for the
construction of a rotating beacon, with FDOT reimbursing $88,000.00 and the
City providing a cash match of$22,000.00. FIyUSA will reimburse the City for
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the $22,000.00 cash match portion.
APPROPRIATION CODE AND AMOUNT:
A first quarter budget amendment will establish capital project G2508, Airpark
Beacon, and record a budget of$110,000.00 which represents $88,000.00 in
grant revenue and $22,000.00 in reimbursement revenue. All expenditures will
be reimbursed by a combination of FDOT and FIyUSA funds.
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.
2.3 Promote Clearwater as a premier destination for entertainment, cultural
experiences, tourism, and national sporting events.
Resolution 25-05 was presented and read by title only.
Councilmember Cotton moved to approve the Joint Participation
Agreement (JPA) G3901 between the City of Clearwater and the
State of Florida Department of Transportation (FDOT), for the
construction of a rotating beacon at the Clearwater Airpark,
authorize the appropriate officials to execute same, and adopt
Resolution 25-05. The motion was duly seconded and upon roll
call, the vote was:
Ayes: 5 - Mayor Rector, Vice Mayor Allbritton, Councilmember Cotton,
Councilmember Mannino and Councilmember Teixeira
6.5 Authorize a purchase order to Environmental Systems Research Institute, Inc. (ESRI) of
Redlands, CA for the renewal of the City's mapping and land management software
licensing and maintenance in the amount of$285,900.00 for the term beginning February
26, 2025 through February 25, 2028, pursuant to City Code 2.563 (1)(d), Non-competitive
purchases (Impractical), and authorize the appropriate officials to execute same.
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ESRI is the City's Geographic Information System (GIS) and supports all spatial
data sets, including property management, utility assets, and all city maintained
public infrastructure. This product is used by all city departments and county
and state agencies in our service region.
The renewal agreement spans a three-year term with the following costs:
• Year 1 (02/26/2025 - 02/25/2026): $95,300.00
• Year 2 (02/26/2026 - 02/25/2027): $95,300.00
• Year 3 (02/26/2027 - 02/25/2028): $95,300.00
The software subscription includes access to all web services and
development tools, enabling customization and the creation of application
workflows, as well as data visualization across all ESRI products.
Payments will be made annually per the maintenance schedule.
GIS is almost a monolithic market and is dominated by ESRI. Some smaller
companies have attempted to compete over the years, but to no avail. The time
and expense related to replacing these functions would be significant (1-2
years), while costs ($1-$2 million) and disruptions to operations would be
significant. Because of these factors, this procurement is impractical and ESRI
is a standardized product that integrates with several other systems in the
City's environment (Accela, CityWorks, various web application, Police
Dispatch system, etc.).
APPROPRIATION CODE AND AMOUNT:
Funding for the current year's portion of this purchase order is budgeted and
available in the Information Technology operating budget, cost code
5559864-530300, contractual services. Future year funding will be requested as
part of the annual budget process.
The operations of the Information Technology department are funded by the
Administrative Services Fund, an internal service fund of the city established to
provide city-wide technology administration.
STRATEGIC PRIORITY:
This purchase will support all the objectives of a High-Performance
Government, as well as Superior Public Service.
Councilmember Teixeira moved to authorize a purchase order to
Environmental Systems Research Institute, Inc. (ESRI) of
Redlands, CA for the renewal of the City's mapping and land
management software licensing and maintenance in the amount
of $285,900.00 for the term beginning February 26, 2025 through
February 25, 2028, pursuant to City Code 2.563 (1)(d),
Non-competitive purchases (Impractical), and authorize the
appropriate officials to execute same. The motion was duly
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seconded and carried unanimously.
6.6 Authorize an increase to purchase orders to Florida Graphic Services, Inc of Clearwater,
FL (Primary) and AMI Graphics, Inc of Strafford, NH and Outdoor America Images LLC
dba OAI+Rainer (OAI) of Tampa, FL (Secondary) for Citywide Signs, Banners and Misc
Other Items in the cumulative amount of$175,000.00 bringing the contract total to
$200,000.00 annually for the initial term with two, one-year renewal options pursuant to
RFP 58-24 and authorize the appropriate officials to execute same.
The Public Communications Department oversees the procurement of citywide
signs, banners, vehicle wraps, decals, magnets, posters, and similar items.
On August 6, 2024, Procurement issued Request for Proposal (RFP) 58-24 for
Citywide Signs, Banners, and Miscellaneous Items. Six qualified vendors
submitted responses by the September 6, 2024 deadline. A selection
committee representing Clearwater Gas Systems, General Services, Parks &
Recreation, and Public Communications, thoroughly evaluated each
submission based on the RFP criteria and overall responsiveness.
Following the review, the committee recommended Florida Graphic Services,
Inc. as the primary award and recommended both AMI Graphics and OAI as a
secondary award should the primary be unable to fulfill the order or if the
secondary vendors offer more cost-effective solutions.
APPROPRIATION CODE AND AMOUNT:
Funds for these purchase are budgeted and available in the user department's
operating budget.
STRATEGIC PRIORITY:
2.3 Promote Clearwater as a premier destination for entertainment, cultural
experiences, tourism, and national sporting events.
3.3 Promote marketing and outreach strategies that encourage stakeholder
engagement, enhance community education, and build public trust.
Vice Mayor Allbritton moved to authorize an increase to purchase
orders to Florida Graphic Services, Inc of Clearwater, FL
(Primary) and AMI Graphics, Inc of Strafford, NH and Outdoor
America Images LLC dba OAI+Rainer (OAI) of Tampa, FL
(Secondary) for Citywide Signs, Banners and Misc Other Items in
the cumulative amount of$175,000.00 bringing the contract total
to $200,000.00 annually for the initial term with two, one-year
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City Council Meeting Minutes February 20, 2025
renewal options pursuant to RFP 58-24 and authorize the
appropriate officials to execute same. The motion was duly
seconded and carried unanimously.
6.7 Approve the renewal of a Sovereignty Submerged Lands lease with the Board of
Trustees of the Internal Improvement Trust Fund of the State of Florida for the police
station boat dock on Clearwater's South Beach and authorize the appropriate officials to
execute same.
The City of Clearwater leases a small parcel of submerged lands from the State
of Florida through the Board of Trustees of the Internal Improvement Trust Fund
(TIITF) for use as a three-slip docking facility with a boat lift, adjacent to the
Clearwater Police Beach Substation (704 Bayway Blvd, Clearwater FL 33767)
on Clearwater's South Beach. The Lease must be renewed every five years
and is of no cost to the City as long as the dock remains in use for fire and
rescue purposes. The previous Lease expired, but due to hurricane delays it is
being renewed now with an effective date of November 6, 2024, expiring
November 6, 2029.
Councilmember Mannino moved to approve the renewal of a
Sovereignty Submerged Lands lease with the Board of Trustees
of the Internal Improvement Trust Fund of the State of Florida for
the police station boat dock on Clearwater's South Beach and
authorize the appropriate officials to execute same. The motion
was duly seconded and carried unanimously.
6.8 Approve Guaranteed Maximum Price (GMP) 2, Amendment 4 to the Agreement with Ajax
Building Company, LLC, of Midway, FL, for construction of Municipal Service Building
(MSB) Renovations (23-0035-EN), in the amount of$3,193,901.00, increasing the
purchase order from $5,822,660.00 to a not to exceed total of$9,016,561.00, pursuant to
Request for Qualifications 59-23 and authorize the appropriate officials to execute same.
City staff is requesting approval of GMP with authorization to conduct final
negotiations with Ajax to refine schedule information to incorporate a phased
move-in approach and potentially reduce amount of several line items. Final
cost will not exceed the total GMP of$9,016,561.00.
Ajax was selected via RFQ 59-23. December 19, 2023, City Council approved
an agreement and $369,965.00 pre-construction phase proposal to Ajax with
$110,605.00 funded by the MSB Renovations project and the remainder funded
by the City Hall project. MSB renovations will improve space efficiencies of the
existing 66,063 square foot facility allowing for right-sizing of the proposed City
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Hall project, creating a productive workspace that meets specific needs of the
remaining City departments while providing a comfortable and aesthetically
pleasing atmosphere for employees and visitors alike.
September 17, 2024, City Council approved a $362,616.00 purchase order for
early procurement of an air handling unit for the MSB and a $1,140,302.00
design work order with Wannemacher Jensen Architects (WJA). October 3,
2024, Council approved a $5,712,055 Early Release package GMP 1 for the
MSB Renovations that included early equipment purchases, selective interior
demolition, millwork, doors, frames and hardware, glass, and glazing, framing
and drywall, ceilings, painting, fire protection, HVAC, partial electrical and
audio-visual costs. This approval brought the MSB Ajax PO to $5,822,660.00
(MSB portion of the preconstruction phase fee and the Early Release Package
GMP).
Combined efforts by City, Owners Representative Broaddus, Ajax and WJA,
resulted in over $2.5M in cost avoidance. Efforts include significant design work
to reuse existing walls to reduce demo and new construction costs including
the in-wall utilities, early release of air handling unit, vacating the entire facility
versus one floor at a time, discounts from purchasing furniture concurrent with
City Hall, relocation and temporary rental furniture reduction, and executing
project concurrently with City Hall.
This MSB GMP covers the balance of the work for the project, including updated
workspaces for city staff, new millwork, wall finishes, ceilings and flooring, as
well as updates to fire sprinkler, plumbing, mechanical, electrical, and
audio-visual-systems.
Current total MSB Renovations project costs for design, construction and
furnishing is estimated to be $13.7 million. The project funding includes $10M of
prior year General Fund revenue. The $2M for MSB furniture was initially
intended to be added to the project for a total of$12M. An amendment is needed
to provide additional revenue to fully fund the project, including additional funds
as contingency for unforeseen costs for a total project budget of$14M. First
quarter amendments will transfer an additional $4M from the sources listed
below to provide the remaining funds necessary for the project.
Work will begin in February 2025 with an 8-month construction duration to
substantial completion; followed by furniture set up and a phased staff move-in
starting in October 2025.
APPROPRIATION CODE AND AMOUNT:
A first quarter budget amendment will include the following transfers to capital
project ENGF230001, MSB Renovations, to provide total funding necessary to
complete the project:
• A transfer of$2,000,000 from capital project GSBM180001, General
Facility Building Major Renovations (funded with General Fund revenues
to provide for furnishings),
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• A transfer of$365,000 from capital project GSBM180009, New A/C
Chiller Systems (funded with General Fund revenues to provide for the
air handler unit),
• A transfer of$274,000 from capital project ENGF220001, New City Hall
(funded with General Fund revenues, this amount covers the previously
included roof solar scope, photovoltaics and panel supports on the new
City Hall),
• A transfer of$500,000 from Administrative Services Fund reserves to
provide for enhancements to building technology,
• And, a transfer of$861,000 from General Fund reserves.
USE OF RESERVE FUNDS:
Funding for this purchase will be provided by a first quarter budget amendment
allocating General Fund reserves in the amount of$861,000 to capital
improvement project ENGF230001, MSB Renovations. Inclusive of this item if
approved, a net total of$14,531,000 of General Fund reserves has been used to
date to fund expenditures in the 2024/25 operating budget. The remaining
balance in General Fund reserves after the 8.5% reserve is approximately $41.4
million, or 18.3% of the current General Fund operating budget.
First quarter amendments will also include the allocation of Administrative
Services Fund reserves in the amount of$500,000 to capital improvement
project ENGF230001, MSB Renovations. The remaining balance of
Administrative Services Fund reserves after 25%working capital reserves is
approximately $11.5 million or 63% of the current Administrative Services Fund
operating budget.
STRATEGIC PRIORITY:
The MSB Renovation project supports the four strategic priorities below. The
renovations will improve indoor air quality and energy efficiencies while providing
safe and streamlined public interface.
In response to questions, Public Works Director Marcus Williamson said
as staff went through the scoping efforts, some of the alternates were not
included because they would not be pursued, such bathroom work or new
blinds. The estimated cost to move back into the facility was based on
estimated cost to move out. The move-in costs should be cheaper. He
said staff tried to redesign the MSB for a one-stop shop for Planning and
Public Works but could not get the space to accommodate all of these
employees on one floor within the budget constraint.
Councilmember Cotton moved to approve Guaranteed Maximum
Price (GMP) 2, Amendment 4 to the Agreement with Ajax Building
Company, LLC, of Midway, FL, for construction of Municipal
Service Building (MSB) Renovations (23-0035-EN), in the amount
of $3,193,901.00, increasing the purchase order from
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City Council Meeting Minutes February 20, 2025
$5,822,660.00 to $9,016,561.00, pursuant to Request for
Qualifications 59-23 and authorize the appropriate officials to
execute same. The motion was duly seconded and carried
unanimously.
6.9 Amend Clearwater Code of Ordinances by creating Section 2.429 to permit firefighters to
purchase prior firefighter and military service and pass Ordinance 9818-25 on first
reading.
The City of Clearwater Employees' Pension Plan governs the payment of
retirement benefits for City employees. Chapter 175, Florida Statutes permits
firefighters to purchase prior firefighter and miliary service.
In 2024, the City and International Association of Fire Fighters agreed to a
change in the Pension Plan. Current firefighters will now be eligible to purchase
up to five years of prior firefighter and miliary service. Prior years of service are
years that a member previously served as a firefighter for any other municipal,
county, or state fire department or served in the military service. The
purchased years of service will be added to the member's years of credited
service. The member shall pay all costs associated with the purchased years
of service. The Plan's actuary has studied the cost of this ordinance and has
determined that there is no actuarial impact.
Ordinance 9818-25 was presented and read by title only.
Councilmember Teixeira moved to amend Clearwater Code of
Ordinances by creating Section 2.429 to permit firefighters to
purchase prior firefighter and military service and pass Ordinance
9818-25 on first reading. The motion was duly seconded and
upon roll call, the vote was:
Ayes: 5 - Mayor Rector, Vice Mayor Allbritton, Councilmember Cotton,
Councilmember Mannino and Councilmember Teixeira
6.10Request authority to appeal an amended final judgment against the City in the case of
Giannikos v. City of Clearwater (Case No. 22-424-CI).
On May 28, 2019, Maximus Giannikos crossed the intersection of US19 and
Gulf-to-Bay Blvd. when he was struck by a car driven by a private citizen who
was not affiliated with the City. Mr. Giannikos then initiated a lawsuit against the
City on January 26, 2022.
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The case proceeded to a jury trial that occurred between September 9, 2024
and September 13, 2024. The trial was bifurcated with the issue of liability tried
first. The jury returned a liability verdict finding the plaintiff 55% at fault for his
own harm. Had the accident happened today, the liability verdict would have
resulted in a judgment in favor of the City. Since it did not, the case proceeded
to a damages trial where the jury returned a verdict more than the statutory cap.
The City filed four post-verdict motions. One was granted by the trial court but
the other three were denied. The trial court then rendered an amended final
judgment in Mr. Giannikos's favor.
The City Attorney's Office believes that the City's position at trial and its
post-verdict motions were meritorious and that the City should appeal the
amended judgment to the Second District Court of Appeal.
APPROPRIATION CODE AND AMOUNT:
Funds are available in the Central Insurance Fund code 5907590-545900,
Insurance Claims-Liability. The Central Insurance Fund is an internal service
fund of the City.
Vice Mayor Allbritton moved to request authority to appeal an
amended final judgment against the City in the case of Giannikos
v. City of Clearwater (Case No. 22-424-CI). The motion was duly
seconded and carried unanimously.
6.11Authorize the filing of a civil lawsuit against Stantec, Inc., Skanska USA, and their
affiliated entities
The City hired Stantec to design Coachman Park. The City hired Skanska USA
to construct Coachman Park as a construction manager at-risk (CMAR). In
reviewing matters with city staff, it has been determined that one or both of
these entities are responsible for certain design defects and construction
defects. The City has engaged in productive conversations with Stantec and
Skanska regarding these issues. However, those conversations have not fully
resolved the City's concerns. As a result, the City Attorney's Office is seeking
pre-approval to file a lawsuit in the event a resolution cannot be reached swiftly.
Design defects and latent construction defects can be highly technical. The
City Attorney has engaged attorney Trevor Arnold with the law firm of Gray
Robinson to represent the City in this lawsuit. Mr. Arnold is a board-certified
specialist in construction law; he currently serves as the Construction Team
Leader for Gray Robinson. The City Attorney recommends and requests
approval to incur up to $100,000 in litigation expenses, inclusive of both
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attorney's fees and expert witness costs. As with any affirmative litigation, the
duration and extent of litigation can be heavily influenced by the defendants and
Judicial rulings. The actual cost may be significantly less. However, no
additional cost will be incurred without Council approval.
APPROPRIATION CODE AND AMOUNT:
Funds are available in the City Attorney's Office cost code 0109600-530100,
professional services, to fund this contract. The City Attorney's Office is funded
by General Fund revenues.
One individual requested information regarding the matter.
The City Attorney said since the matter is associated with active litigation,
he recommended not discussing the matter any further.
Councilmember Mannino moved to authorize the filing of a civil
lawsuit against Stantec, Inc., Skanska USA, and their affiliated
entities. The motion was duly seconded and carried unanimously.
7. City Manager Reports — None.
8. City Attorney Reports — None.
9. Closing comments by Councilmembers (limited to 3 minutes)
Councilmember Cotton said the Tampa Bay Estuary Program is a
regional program that works to protect and restore the local ecosystems,
which improves water quality, wildlife, and outdoor spaces. He said for
every dollar the City has contributed to the program, the organization has
leveraged$281. He reviewed events that were hosted in Clearwater that
engaged the public.
Vice Mayor Allbritton and Councilmembers Cotton, Teixeira and
Mannino reviewed upcoming events and welcomed the Phillies back to
Clearwater.
10. Closing Comments by Mayor
The Mayor reviewed recent and upcoming events.
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11. Adjourn
The meeting adjourned at 7:08 p.m.
February 20, 2025
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City of Clearwater