Council Work Session Meeting Minutes May 2, City of Clearwater. City Hall 112 S. Osceola Avenue Clearwater, FL
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1 City Hall 112 S. Osceola Avenue Clearwater, FL Meeting Minutes Monday, May 2, :00 PM Council Chambers Council Work Session Page 1
2 Roll Call Present 5 - Mayor George N. Cretekos, Vice Mayor Bill Jonson, Councilmember Doreen Caudell, Councilmember Bob Cundiff, and Councilmember Hoyt Hamilton Also Present: William B. Horne II City Manager, Jill S. Silverboard Assistant City Manager, Pamela K. Akin - City Attorney,Rosemarie Call - City Clerk and Nicole Sprague Official Records and Legislative Services Coordinator To provide continuity for research, items are listed in agenda order although not necessarily discussed in that order. 1. Call to Order Mayor Cretekos 2. Engineering The meeting was called to order at 1:00 p.m. at City Hall. 2.1 Approve the final plat for Alexander at Countryside, whose physical address is 2506 Countryside Boulevard, located on the South-Westerly corner of Countryside Boulevard and Enterprise Road, South of S.R. 580 and East of Belcher Rd. (consent) This plat will create one lot consisting of 44.3 acres more or less. This will be for 330 unit multi-family development. This was preliminarily approved thru application PLT in December of Approve a Cooperative Agreement between Pinellas County and the Cities of Clearwater and Dunedin for the development of a Comprehensive Watershed Master Plan (WMP) of Curlew Creek in the amount of $70, and authorize the appropriate officials to execute same. (consent) The WMP will provide a watershed model update and evaluation, floodplain delineation, Level of Service determination (LOS), Surface Water Resource Assessment (SWRA) and Best Management Practices (BMP) alternative analysis for the Curlew Creek Watershed in Pinellas County. The watershed covers a total area of approximately 8,546 acres located within Pinellas County as well as the cities of Dunedin and Clearwater and ultimately discharges into St. Joseph Sound. The cost of the Watershed Master Plan is $850,000. The cost is being shared as follows: SWFWMD $425, Page 2
3 Pinellas County $262, Clearwater $ 70, Dunedin $ 91, Should the cost of the project exceed the budget, Pinellas County is responsible for the overage. APPROPRIATION CODE AND AMOUNT: $70, Funding is available in Capital Improvement Program project , Coastal Basins Projects, to fund the agreement. In response to a question, Engineering Manager Elliot Shoberg said the City is doing only the Curlew Creek section as Smith Bayou is not with city limits. 3. Marine & Aviation 3.1 Approve a 30-year Lease between the and Clearwater Beach Seafood, Inc., to operate a full service restaurant at 37 Causeway Blvd., approve the license to utilize square footage west of the lease footprint for additional outdoor seating, and authorize the appropriate officials to execute same. (consent) The has negotiated a Lease Agreement with top-ranked firm, Clearwater Beach Seafood, Inc., in response to RFP (RFP), to demolish the existing structure located at 37 Causeway Boulevard and construct and operate a new restaurant for a term not to exceed thirty years. The term of this Lease shall be for a period of 30 years, commencing on the Substantial Completion Date and expiring on the day immediately preceding the 30th anniversary of the Substantial Completion Date unless sooner terminated pursuant to the terms of the Lease. The term "Substantial Completion" means substantial completion of the Tenant Work in accordance with the Final Plans, as evidenced by Tenant's receipt of all approvals necessary for Tenant to occupy and operate its restaurant in the Building, including, without limitation, a certificate of occupancy for the Building. The base rent will be based on 5,894 square feet and will have a 2% annual increase. Clearwater Beach Seafood, Inc. will also pay 2% of gross food sales and 9% of gross alcohol sales in excess of the breakpoint to the City of Clearwater on a monthly basis. The food sales breakpoint is $307, and the alcohol sales breakpoint is $9, On the first day of the second rental year and each subsequent rental year, the food sales breakpoint shall increase by 2% as detailed in Article IV, Base Rent and Percentage Rent. The estimated lessee investment in the project is $3.43 million of which $2.55 million is to be amortized. Page 3
4 Approving the license agreement for commercial use of property west of the lease footprint will allow Clearwater Beach Seafood, Inc. to utilize ground floor space for seating, adding an additional 88 seats to the restaurant. By allowing additional seating, the city will see an increase in alcohol sales revenue of approximately 18% annually and an increase in food sales revenue of approximately 55% annually. Staff supports this lease agreement as being in the best interest of the City and the Marine Enterprise Fund, for the following reasons: Clearwater Beach Seafood, Inc.: - has been an outstanding tenant operating from the existing footprint out of a converted gas station - has an established performance record from which to base their rent projections - has presented a modern beach appealing design concept both in the exterior look and interior finishes - has an established reputation for a quality product with a family friendly price and atmosphere In response to questions, Marine and Aviation Director Bill Morris said the existing building is only two stories high. There is currently seating enclosed on the ground floor, which borders on a velocity zone/floodplain. Removable seating will be permitted; walls on the ground floor cannot be constructed. The license agreement allows 358 seats; the City receives 9% of alcohol sales over $10,000 per month and 2% for food sales over $4 million. The proposed ground seating is part of the license agreement; this area is currently a landscaped green space triangle with foot paths. The applicant will work with the City to determine the landscape in the buffer zone. The City Attorney said the triangle area is covered by the license agreement and can be terminated by Council with notice. The base rent is associated with the structure, not the seating. Mr. Morris said the parent company for Crabby Bills is Prime Cost Management; Greg Powers is the President/CEO of the franchise. Councilmember Caudell departed Chambers from 1:10 p.m. through 1:13 p.m. 4. Public Utilities 4.1 Approve a Blanket Purchase Order with Xylem, Inc. of Apopka, FL, in the annual amount of $200, with the option for two, one-year term extensions for the purchase of Flygt Pumps, replacement parts, and factory authorized service effective June 1, 2016, and authorize the appropriate officials to execute same. (consent) Page 4
5 Flygt Pumps are standardized in the City s wastewater facilities, lift stations, submerged internal recycle, and backwash pumping applications due to reliability of the pumps and to facilitate operational and maintenance efficiency. Standardization of pumping equipment reduces redesign/retrofit of the piping systems and overall down time, which is critical to maintaining regulatory compliance. Standardization also reduces the required stocking of parts, replacement pumps, and the cost of maintenance operations. In accordance with City Code Section (1)(b), Exceptions to Bidding, Xylem has been determined a sole source vendor for Flygt Pumps, replacement parts and factory authorized service. In previous years, the City piggy-backed the Hillsborough County s contract with Xylem, maintained through the State of Florida. Hillsborough County s contract recently expired and will not been renewed. Xylem is offering the City a 9% discount, which is 2% more than the previous contract. APPROPRIATION CODE AND AMOUNT: $ 40, FY 15/ $ 26, FY 15/ $ 79, FY 16/ $ 53, FY 16/17 Sufficient funding is available in the Water & Sewer Utility Fund operating cost centers , Utility Maintenance, in the amount of $40, and , Wastewater Plant Operations, in the amount of $26,800.00, to fund the current fiscal year s cost of the contract. The funding for the remaining balance of $133, will be included in the Water and Sewer recommended operating budget from the director. In response to questions, Utilities Director David Porter said Hillsborough County has built an expensive pump replacement facility and reason why their contract is not being renewed. 5. Public Communications 5.1 Award a contract (purchase order) for Copying and Printing Services to GLEM Inc DBA Sir Speedy Printing and authorize the appropriate officials to execute same. (consent) Public Communications staff is requesting that an annual blanket purchase order be approved for GLEM Inc DBA Sir Speedy Printing of Clearwater, FL for as-needed term contract for copying and printing services required by the City's departments. Page 5
6 Five responses were received for the Invitation to Bid No Copying and Printing Services. After evaluating the costs for various services, staff is recommending GLEM Inc. DBA Sir Speedy Printing as the most responsive, responsible proposer to the Invitation to Bid specifications. Sir Speedy has an extensive printing resume, providing for small and large quantity print jobs with high quality work and quick turnaround times. The City is not obligated to use any or the entire amount of the $150,000 being requested. The $150,000 estimated annual budget is based on the amount of historical printing expenditures. Staff recommends award of a blanket purchase order for one year, with two one-year renewal terms. Annual renewals will not exceed $150,000 without appropriate authorization/approval, as required. APPROPRIATION CODE AND AMOUNT: Funding for this BPO will come from a variety of departmental codes throughout the city depending on who requests what jobs to be printed. 6. Official Records and Legislative Services 6.1 Review Council Rules and provide direction. Vice Mayor Jonson has submitted the following for council consideration: Rule 15, Rules of Decorum o Change title to: Rules of Conduct. The rule is not intended to override other rules of decorum provided in Robert s Rules of Order. In response to questions, the City Attorney said the City s rules of conduct prevail over Robert s Rules of Order; if there is a conflicting rule of decorum, the Council s rule would prevail if the title remained unchanged. The council rule is limiting and addresses conduct. There was consensus to implement the amendment. 6.2 Review Council Policies and provide direction. Staff is recommending the following changes: Page 20, Policy L, Distribution of Council Correspondence o Amend last sentence of second paragraph to read, Mail will be delivered to the Council at least once per week, or as needed. Page 21, Policy M, Strategic Planning Page 6
7 o Amend title to read, Strategic Direction/Planning. o Amend policy statement to read, Each year the City Council shall meet in a strategic direction/planning session(s) as part of the budget preparation process. The meeting(s) will review the five-year financial forecast and update as necessary, the City s Mission, Values and Vision Statements. From these documents, a five-year strategic plan will may be developed or revised. The five-year strategic plan will become the basis for the annual City Manager and City Attorney Objectives, and the City s annual budget process for the next fiscal year. Page 23, Policy B, Sparkling Clearwater o Amend title to read, Sparkling Clearwater Bright and Beautiful. o Amend the policy statement to read, In order to maintain and enhance the image of Sparkling Bright and Beautiful Clearwater, the Council supports staff in enhanced solid waste recycling and conservation projects, tightening and increasing enforcement of codes (i.e., fence landscaping, prohibition of banners, lot clearing, etc.). Staff is also directed to place a greater emphasis on and coordinate aesthetic consideration on site plans and other development review (i.e., placement of dumpsters, fencing of dumpsters, property landscaping and landscaping of parking lots including perimeter plantings). Litter cleanup and "adopt a street or park" programs are encouraged. Educational and incentive programs for both City staff and the public addressing this issue should be developed. Vice Mayor Jonson has submitted the following for council consideration: Page 8, (7), Portfolio Composition, Risk and Diversification o Spell out abbreviations for CMOs and REMIC Staff concurs with the recommended change. Amend the policy statement to read, Assets held shall be diversified to control risk of loss resulting from over-concentration of assets in a specific maturity, issuer, instrument, or dealer/broker, through which these instruments are bought and sold. The following maximum limits apply to the portfolio: ** Real Estate Mortgage Investment Conduits Specific issuer 40% Specific dealer/broker 33% Commercial paper 25% CMOs* and REMIC** 33% * Collateralized Mortgage Obligations Maturity date 10% Specific instrument 8% options: o Consider revising the current policy with one of the following Previous wording Page 18, D(3), Citizen Inquiries - Responses Page 7
8 Inquiries addressed to the whole Council, whether in one letter or duplicate letters to all Council members, will be answered factually by the Mayor with an introductory phrase of "On behalf of the Clearwater City Council." When needed, responses will be brought to Council for direction, prior to being sent. Mail will be routed to the appropriate staff to draft a response. Individual Councilmembers are not precluded from responding individually to express their opinion. Wording adopted after considerable discussion on 10/4/2012: Inquiries addressed to the whole Council, whether in one letter (or ) or duplicate letters to all Councilmembers, will be answered factually by the Mayor using language that indicates that he or she is responding for the Clearwater City Council. When needed, responses will be brought to Council for direction, prior to being sent. Mail will be routed to the appropriate staff to draft a response. Individual Councilmembers are not precluded from responding individually to express their opinion. Possible alternative Inquiries addressed to the whole Council, whether in one letter (or ) or duplicate letters to all Councilmembers, will be routed to the appropriate staff to draft a factual response. The draft response will be provided to all Councilmembers for their individual replies. There was consensus to pursue the recommended changes for Policies 20L, 23B, 8(7). In response to questions, the City Manager said the recommended changes for Policy 21M reflect the process currently followed by staff and approach followed by council in the past. Staff may be given strategic direction that does not change the strategic plan. During the most recent strategic planning session, staff created an environment for council to recommend changes but the plan was not changed. Discussion ensued with comments made that Councilmembers attending events should recognize the council as a whole when accepting items on the collegial body s behalf; the Mayor s response in correspondence should include the language outlined in the policy. Page 8
9 7. Legal 7.1 Adopt Ordinance on second reading, amending the city s Comprehensive Plan by amending the Future Land Use Plan element updating the concurrency management system and allowing for non-contiguous annexations; amending the transportation element, establishing multi-modal design features; amending the coastal management element; amending the intergovernmental coordination element; amending the capital improvements element; and updating various terms and references. 7.2 Adopt Ordinance on second reading, amending Appendix A of the Code of Ordinances, renaming the Transportation Fee as the Multi-Modal Impact Fee, amending Division 9; amending Article 8; and replacing various City Commission references with City Council. In response to a concern, Planner Kyle Brotherton said the term multi-modal is the state recommended terminology, which is also used by Pinellas County. 7.3 Adopt Ordinance on second reading, annexing certain real properties whose post office addresses are 1216 Aloha Lane, 1310 Idlewild Drive, 1915 Macomber Avenue, 2047 and 2049 Poinsetta Avenue, 1273 Sedeeva Circle North, 1209 and 1212 Sheridan Road and 1227 Union Street, all within Clearwater, Florida 33755, together with certain rights-of-way of Aloha Lane, Douglas Avenue, Sheridan Road, Union Street and Poinsetta Avenue, into the corporate limits of the city and redefining the boundary lines of the city to include said additions. 7.4 Adopt Ordinance on second reading, amending the future land use plan real properties whose post office addresses are 1216 Aloha Lane, 1310 Idlewild Drive, 1915 Macomber Avenue, 2047 and 2049 Poinsetta Avenue, 1273 Sedeeva Circle North, 1209 and 1212 Sheridan Road and 1227 Union Street, all within Clearwater, Florida 33755, upon annexation into the, as Residential Urban (RU) and Preservation (P). 7.5 Adopt Ordinance on second reading, amending the Zoning Atlas of the city by zoning certain real properties whose post office addresses are 1216 Aloha Lane, 1310 Idlewild Drive, 1915 Macomber Avenue, 2047 and 2049 Poinsetta Avenue, 1273 Sedeeva Circle North, 1209 and 1212 Sheridan Road and 1227 Union Street, all within Clearwater, Florida 33755, upon annexation into the, as Low Medium Density Residential (LMDR) and Preservation (P). Page 9
10 7.6 Adopt Ordinance on second reading, annexing certain real properties whose post office addresses are 2040 Poinsetta Avenue, 1208 and 1210 Sunset Point Road, all within Clearwater, Florida 33755, together with certain rights-of-way of Sunset Point Road and Douglas Avenue, into the corporate limits of the city and redefining the boundary lines of the city to include said additions. 7.7 Adopt Ordinance on second reading, amending the future land use plan real properties whose post office addresses are 2040 Poinsetta Avenue, 1208 and 1210 Sunset Point Road, all within Clearwater, Florida 33755, upon annexation into the, as Residential Urban (RU). 7.8 Adopt Ordinance on second reading, amending the Zoning Atlas of the city by zoning certain real properties whose post office addresses are 2040 Poinsetta Avenue, 1208 and 1210 Sunset Point Road, all within Clearwater, Florida 33755, upon annexation into the, as Low Medium Density Residential (LMDR). 7.9 Adopt Ordinance on second reading, annexing certain real property whose post office address is 1224 Sunset Point Road, Clearwater, Florida 33755, together with all abutting right-of-way of Sunset Point Road into the corporate limits of the city and redefining the boundary lines of the city to include said addition Adopt Ordinance on second reading, amending the future land use plan real property whose post office address is 1224 Sunset Point Road, Clearwater, Florida 33755, upon annexation into the, as Residential Urban (RU) Adopt Ordinance on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1224 Sunset Point Road, Clearwater, Florida 33755, upon annexation into the, as Low Medium Density Residential (LMDR) Adopt Ordinance on second reading, annexing certain real property whose post office address is 1790 McCauley Road, Clearwater, Florida into the corporate limits of the city and redefining the boundary lines of the city to include said addition Adopt Ordinance on second reading, amending the future land use plan Page 10
11 real property whose post office address is 1790 McCauley Road, Clearwater, Florida 33765, upon annexation into the, as Residential Estate (RE) Adopt Ordinance on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1790 McCauley Road, Clearwater, Florida 33765, upon annexation into the, as Low Density Residential (LDR) Adopt Ordinance on second reading, annexing certain real property whose post office address is 1635 Sherwood Street, Clearwater, Florida 33755, together with the abutting right-of-way of Lynn Avenue, into the corporate limits of the city and redefining the boundary lines of the city to include said addition Adopt Ordinance on second reading, amending the future land use plan real property whose post office address is 1635 Sherwood Street, Clearwater, Florida 33755, upon annexation into the, as Residential Low (RL) Adopt Ordinance on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1635 Sherwood Street, Clearwater, Florida 33755, upon annexation into the, as Low Medium Density Residential (LMDR) Adopt Ordinance on second reading, annexing certain real properties whose post office addresses are 2109 Burnice Drive, 2173, 2174 and 2185 Bell Cheer Drive, all within Clearwater, Florida 33764, into the corporate limits of the city and redefining the boundary lines of the city to include said additions Adopt Ordinance on second reading, amending the future land use plan real properties whose post office addresses are 2109 Burnice Drive, 2173, 2174 and 2185 Bell Cheer Drive, all within Clearwater, Florida 33764, upon annexation into the, as Residential Low (RL) Adopt Ordinance on second reading, amending the Zoning Atlas of the city by zoning certain real properties whose post office addresses are 2109 Burnice Drive, 2173, 2174 and 2185 Bell Cheer Drive, all within Clearwater, Florida 33764, upon annexation into the, as Low Medium Density Residential (LMDR). Page 11
12 7.21 Adopt Ordinance on second reading, annexing certain real property whose post office address is 1484 Grove Circle Court, Clearwater, Florida 33755, into the corporate limits of the city and redefining the boundary lines of the city to include said addition Adopt Ordinance on second reading, amending the future land use plan real property whose post office address is 1484 Grove Circle Court, Clearwater, Florida 33755, upon annexation into the, as Residential Low (RL) Adopt Ordinance on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1484 Grove Circle Court, Clearwater, Florida 33755, upon annexation into the, as Low Medium Density Residential (LMDR) Adopt Ordinance on third reading, annexing certain real property whose post office address is 1712 Grove Drive, Clearwater, Florida 33759, into the corporate limits of the city and redefining the boundary lines of the city to include said addition Adopt Ordinance on third reading, amending the future land use plan real property whose post office address is 1712 Grove Drive, Clearwater, Florida 33759, upon annexation into the, as Residential Low (RL) Adopt Ordinance on third reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1712 Grove Drive, Clearwater, Florida 33759, upon annexation into the, as Low Medium Density Residential (LMDR). 8. City Manager Verbal Reports None. 9. City Attorney Verbal Reports None. 10. 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 Caudell said the Metropolitan Planning Organization/Pinellas Planning Council is hosting a spotlight session regarding beach access at Madeira Beach on May 3, Page 12
13 11. Closing Comments by Mayor 12. Adjourn Mayor Cretekos encouraged all to participate on Give Tampa Bay Day on May 3, The meeting adjourned at 1:51 p.m. Page 13
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