05/21/2009
CITY COUNCIL MEETING MINUTES
CITY OF CLEARWATER
May 21, 2009
Present: Frank Hibbard - Mayor, Paul Gibson - Vice Mayor, George N. Cretekos -
Councilmember, John Doran - Councilmember and Carlen Petersen - Councilmember
Also present: William B. Horne II - City Manager, Jill S. Silverboard - Assistant City Manager,
Rod Irwin - Assistant City Manager, Pamela K. Akin - City Attorney, Mary K. Diana - Assistant
City Clerk and Rosemarie Call - Management Analyst
To provide continuity for research, items are in agenda order although not necessarily
discussed in that order.
1. Call to Order
The Mayor called the meeting to order at 6:00 p.m. at City Hall.
2. Invocation
The invocation was offered by Reverend Chris Bridges of Calvary Baptist Church.
3. Pledge of Allegiance - Mayor Hibbard
4. Presentations
4.1 Service Awards
Two service awards were presented to City employees.
4.2 Home of the Year and Neighborhood of the Year Awards
The Neighborhood of the Year Award was presented to the Edgewater Drive Neighborhood and
the Home of the Year Award to Peter and Dona Leach, 1715 Sunset Drive.
5. Approval of Minutes
5.1 Approve the minutes of the May 7, 2009 City Council Meeting as submitted in
written summation by the City Clerk.
Councilmember Carlen Petersen moved to approve the minutes of the May 7, 2009 City Council
Meeting as submitted in written summation by the City Clerk. The motion was duly seconded
and carried unanimously.
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6. Citizens to be Heard re Items Not on the Agenda
Larry Floyd - expressed concerns regarding the reclaimed water availability fee for well owners
and requested that the Coachman Ridge Community be exempt from the fee.
It was stated the issue would be discussed at a future work session.
Rev. Campbell, Ella May, Elizabeth Horton, Florence Keene and Al Warner - opposed potential
closure of the North Greenwood Library.
Rev. Floyd Irwin - recited a verse from the Bible.
Mike Reardon - requested consideration be given to allow businesses in the downtown district
to display retail items outside of the business.
Public Hearings - Not before 6:00 PM
7. Administrative Public Hearings
7.1 Continue 1st Reading of Ordinance 8025-09 to June 4, 2009 to amend Article VII,
Solid Waste Management,Section 32.271 through 32.322, Amend Appendix A,
Schedule of fees, rates, and charges, Article XXV, Public Works-fees, rates and
charges, section; (3)(c) Solid Waste collection rates through Solid Waste Roll-off
container or waste receptacle service(5)(b)(ii)(7).
Councilmember George N. Cretekos moved to continue 1st Reading of Ordinance 8025-09 to
June 4, 2009 to amend Article VII, Solid Waste Management,Section 32.271 through 32.322,
Amend Appendix A, Schedule of fees, rates, and charges, Article XXV, Public Works-fees, rates
and charges, section; (3)(c) Solid Waste collection rates through Solid Waste Roll-off container
or waste receptacle service(5)(b)(ii)(7). The motion was duly seconded and carried unanimously.
7.2 Approve the Annexation, Initial Land Use Plan Designation of Residential Low
(RL) and Initial Zoning Atlas Designation of Low Medium Density Residential
(LMDR) District for 1935 Old Coachman Road (Lot 10, Block A, Sunset Point
Estates in Section 6, Township 29 South, Range 16 East); and Pass Ordinances
8050-09, 8051-09, and 8052-09 on first reading. (ANX2009-01003)
This voluntary annexation petition involves a 0.141-acre property consisting of
one parcel of land occupied by a single-family dwelling. It is located on the east
side of Old Coachman Road approximately 480 feet north of Sunset Point Road.
The applicant is requesting this annexation in order to receive sanitary sewer and
solid waste service from the City. The property is contiguous to existing City
boundaries to the south, east and west. It is proposed that the property be
assigned a Future Land Use Plan designation of Residential Low (RL) and a
zoning category of Low Medium Density Residential (LMDR).
The Planning Department determined that the proposed annexation is consistent
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with the provisions of Community Development Code Section 4-604.E as follows:
The property currently receives water service from Pinellas County. The closest
sanitary sewer line is located in the adjacent Old Coachman Road right-of-
way. The applicant has paid the City’s sewer impact fee. The applicant
has executed a lien agreement with the City to pay the assessment fee. This
instrument ensures payment of the applicant’s pro rata share of the installation of
the sanitary sewer line and facility. Collection of solid waste will be provided by
the City of Clearwater. The property is located within Police District III and service
will be administered through the district office located at 2851 North McMullen
Booth Road. Fire and emergency medical services will be provided to this
property by Station 48 located at 1700 North Belcher Road. The City has
adequate capacity to serve this property with sanitary sewer, solid waste, police,
fire, and EMS service. The proposed annexation will not have an adverse effect
on public facilities and their levels of service; and
The proposed annexation is consistent with and promotes the following objectives
and policy of the Clearwater Comprehensive Plan:
Objective A.6.4: Due to the built-out character of the City of Clearwater, compact
urban development within the urban service area shall be promoted through
application of the Clearwater Community Development Code.
Objective A.7.2: Diversify and expand the City’s tax base through the annexation
of a variety of land uses located within the Clearwater Planning Area.
Policy A.7.2.3: Continue to process voluntary annexations for single-family
residential properties upon request.
The proposed RL Future Land Use Plan category is consistent with the current
Countywide Plan designation of this property. This designation primarily permits
residential uses at a density of 5 units per acre. The proposed zoning district to be
assigned to the property is the Low Medium Density Residential (LMDR)
District. The use of the subject property is consistent with the uses allowed in the
District and the property meets the District’s minimum dimensional
requirements. The proposed annexation is therefore consistent with the
Countywide Plan, City’s Comprehensive Plan and Community Development
Code; and
The property proposed for annexation is contiguous to existing City boundaries to
the south, east and west; therefore the annexation is consistent with Florida
Statutes Chapter 171.044.
Councilmember Paul Gibson moved to approve the Annexation, Initial Land Use Plan
Designation of Residential LOw (RL) and Initial Zoning Atlas Designation of Low Medium
Density Residential (LMDR) District for 1935 Old Coachman Road (Lot 10, Block A, Sunset
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Point Estates in Section 6, Township 29 South, Range 16 East). The motion was duly seconded
and carried unanimously.
Ordinance 8050-09 was presented for first reading and read by title only. Councilmember
Carlen Petersen moved to pass Ordinance 8050-09 on first reading. The motion was duly
seconded and upon roll call, the vote was:
"Ayes": Cretekos, Doran, Gibson, Petersen and Hibbard.
"Nays": None.
Ordinance 8051-09 was presented for first reading and read by title only. Councilmember John
Doran moved to pass Ordinance 8051-09 on first reading. The motion was duly seconded and
upon roll call, the vote was:
"Ayes": Cretekos, Doran, Gibson, Petersen and Hibbard.
"Nays": None.
Ordinance 8052-09 was presented for first reading and read by title only. Councilmember
George N. Cretekos moved to pass Ordinance 8052-09 on first reading. The motion was duly
seconded and upon roll call, the vote was:
"Ayes": Cretekos, Doran, Gibson, Petersen and Hibbard.
"Nays": None.
7.3 Approve the Annexation, Initial Land Use Plan Designation of Residential Low
(RL) and Initial Zoning Atlas Designation of Low Medium Density Residential
(LMDR) District for 3012 Glen Oak Avenue North (Lot 23, Block C, Kapok Terrace
in Section 9, Township 29 South, Range 16 East); and Pass Ordinances 8053-09,
8054-09, and 8055-09 on first reading. (ANX2009-02004)
This voluntary annexation petition involves a 0.196-acre property consisting of
one parcel of land occupied by a single-family dwelling. It is located on the north
side of Glen Oak Avenue North, approximately 155 feet east of Bayview Avenue.
The applicant is requesting this annexation in order to receive sanitary sewer and
solid waste service from the City. The Planning Department is requesting that the
0.308-acres of abutting Glen Oak Avenue North right-of-way not currently within
the City limits also be annexed. The property is contiguous to existing City
boundaries to the west. It is proposed that the property be assigned a Future Land
Use Plan designation of Residential Low (RL) and a zoning category of Low
Medium Density Residential (LMDR).
The Planning Department determined that the proposed annexation is consistent
with the provisions of Community Development Code Section 4-604.E as follows:
The property currently receives water service from the City. The closest sanitary
sewer line is located in the Bayview Avenue right-of-way approximately 155 feet
west of the property. This property is in an area proposed for expansion of the
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City’s sanitary sewer system. The applicant has paid the required deposit for the
City’s sewer impact fee to extend sanitary sewer service to this property. The
remainder of the impact fee and assessment fees will be paid prior to hookup to
the sewer system. Collection of solid waste will be provided by the City of
Clearwater. The property is located within Police District III and service will be
administered through the district office located at 2851 North McMullen Booth
Road. Fire and emergency medical services will be provided to this property by
Station 48 located at 1700 North Belcher Road. The City has adequate capacity to
serve this property with sanitary sewer, solid waste, police, fire, and EMS
service. The proposed annexation will not have an adverse effect on public
facilities and their levels of service; and
The proposed annexation is consistent with and promotes the following objectives
and policy of the Clearwater Comprehensive Plan:
Objective A.6.4: Due to the built-out character of the City of Clearwater, compact
urban development within the urban service area shall be promoted through
application of the Clearwater Community Development Code.
Objective A.7.2: Diversify and expand the City’s tax base through the annexation
of a variety of land uses located within the Clearwater Planning Area.
Policy A.7.2.3: Continue to process voluntary annexations for single-family
residential properties upon request.
The proposed RL Future Land Use Plan category is consistent with the current
Countywide Plan designation of this property. This designation primarily permits
residential uses at a density of 5 units per acre. The proposed zoning district to
be assigned to the property is the Low Medium Density Residential (LMDR)
District. The use of the subject property is consistent with the uses allowed in the
District and the property meets the District’s minimum dimensional
requirements. The proposed annexation is therefore consistent with the
Countywide Plan, City’s Comprehensive Plan and Community Development
Code; and
The property proposed for annexation is contiguous to existing City boundaries to
the west; therefore the annexation is consistent with Florida Statutes Chapter
171.044.
Councilmember Paul Gibson moved to approve the Annexation, Initial Land Use Plan
Designation of Residential Low (RL) and Initial Zoning Atlas Designation of Low Medium
Density Residential (LMDR) District for 3012 Glen Oak Avenue North (Lot 23, Block C, Kapok
Terrace in Section 9, Township 29 South, Range 16 East). The motion was duly seconded and
carried unanimously.
Ordinance 8053-09 was presented for first reading and read by title only. Councilmember
Carlen Petersen moved to pass Ordinance 8053-09 on first reading. The motion was duly
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seconded and upon roll call, the vote was:
"Ayes": Cretekos, Doran, Gibson, Petersen and Hibbard.
"Nays": None.
Ordinance 8054-09 was presented for first reading and read by title only. Councilmember John
Doran moved to pass Ordinance 8054-09 on first reading. The motion was duly seconded and
upon roll call, the vote was:
"Ayes": Cretekos, Doran, Gibson, Petersen and Hibbard.
"Nays": None.
Ordinance 8055-09 was presented for first reading and read by title only. Councilmember
George N. Cretekos moved to pass Ordinance 8055-09 on first reading. The motion was duly
seconded and upon roll call, the vote was:
"Ayes": Cretekos, Doran, Gibson, Petersen and Hibbard.
"Nays": None.
7.4 Approve the Annexation, Initial Land Use Plan Designation of Residential Low
(RL) and Initial Zoning Atlas Designation of Low Medium Density Residential
(LMDR) District for 918 Moss Avenue (Lot 1, Block F, Kapok Terrace in Section 9,
Township 29 South, Range 16 East); and Pass Ordinances 8056-09, 8057-09,
and 8058-09 on first reading. (ANX2009-02005)
This voluntary annexation petition involves a 0.309-acre property consisting of
one parcel of land occupied by a single-family dwelling. It is located on the west
side of Moss Avenue and on the south side of Glen Oak Avenue North
approximately 100 feet east of Bayview Avenue. The applicant is requesting this
annexation in order to receive sanitary sewer and solid waste service from the
City. The property is contiguous to existing City boundaries to the north. It is
proposed that the property be assigned a Future Land Use Plan designation of
Residential Low (RL) and a zoning category of Low Medium Density Residential
(LMDR).
The Planning Department determined that the proposed annexation is consistent
with the provisions of Community Development Code Section 4-604.E as follows:
The property currently receives water service from the City. The closest sanitary
sewer line is located in the Bayview Avenue right-of-way approximately 100 feet
west of the property. This property is in an area proposed for expansion of the
City’s sanitary sewer system. The applicant has paid the required deposit for the
Ciy’s sewer impact fee to extend sanitary sewer service to this property. The
remainder of the impact fee and assessment fees will be paid prior to hookup to
the sewer system. Collection of solid waste will be provided by the City of
Clearwater. The property is located within Police District III and service will be
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administered through the district office located at 2851 North McMullen Booth
Road. Fire and emergency medical services will be provided to this property by
Station 48 located at 1700 North Belcher Road. The City has adequate capacity to
serve this property with sanitary sewer, solid waste, police, fire, and EMS
service. The proposed annexation will not have an adverse effect on public
facilities and their levels of service; and
The proposed annexation is consistent with and promotes the following objectives
and policy of the Clearwater Comprehensive Plan:
Objective A.6.4: Due to the built-out character of the City of Clearwater, compact
urban development within the urban service area shall be promoted through
application of the Clearwater Community Development Code.
Objective A.7.2: Diversify and expand the City’s tax base through the annexation
of a variety of land uses located within the Clearwater Planning Area.
Policy A.7.2.3: Continue to process voluntary annexations for single-family
residential properties upon request.
The proposed RL Future Land Use Plan category is consistent with the current
Countywide Plan designation of this property. This designation primarily permits
residential uses at a density of 5 units per acre. The proposed zoning district to
be assigned to the property is the Low Medium Density Residential (LMDR)
District. The use of the subject property is consistent with the uses allowed in the
District and the property exceeds the District’s minimum dimensional
requirements. The proposed annexation is therefore consistent with the
Countywide Plan, City’s Comprehensive Plan and Community Development
Code; and
The property proposed for annexation is contiguous to existing City boundaries to
the north; therefore the annexation is consistent with Florida Statutes Chapter
171.044.
Councilmember Paul Gibson moved to approve the Annexation, Initial Land Use Plan
Designation of Residential Low (RL) and Initial Zoning Atlas Designation of Low Medium
Density Residential (LMDR) District for 918 Moss Avenue (Lot 1, Block F, Kapok Terrace in
Section 9, Township 29 South, Range 16 East). The motion was duly seconded and carried
unanimously.
Ordinance 8056-09 was presented for first reading and read by title only.
Councilmember Carlen Petersen moved to pass Ordinance 8056-09 on first reading. The motion
was duly seconded and upon roll call, the vote was:
"Ayes": Cretekos, Doran, Gibson, Petersen and Hibbard.
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"Nays": None.
Ordinance 8057-09 was presented for first reading and read by title only. Councilmember John
Doran moved to pass Ordinance 8057-09 on first reading. The motion was duly seconded and
upon roll call, the vote was:
"Ayes": Cretekos, Doran, Gibson, Petersen and Hibbard.
"Nays": None.
Ordinance 8058-09 was presented for first reading and read by title only.
Councilmember George N. Cretekos moved to pass Ordinance 8058-09 on first reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Cretekos, Doran, Gibson, Petersen and Hibbard.
"Nays": None.
7.5 Approve the Annexation, Initial Land Use Plan Designation of Residential Low
(RL) and Initial Zoning Atlas Designation of Low Density Residential (LDR) District
for 1831 Beverly Circle North (Lot 1, Lake Lela Manor First Addition in Section 24,
Township 29 South, Range 15 East); and Pass Ordinances 8062-09, 8063-09 and
8064-09 on first reading.(ANX2009-02006)
This voluntary annexation petition involves a 0.334-acre property consisting of
one parcel of land occupied by a single-family dwelling. It is located on the south
side of Beverly Circle North, approximately 180 feet west of Brookside Road. The
applicant is requesting this annexation in order to receive sanitary sewer and solid
waste service from the City. The property is contiguous to existing City
boundaries to the north, south, east, and partially to the west. It is proposed that
the property be assigned a Future Land Use Plan designation of Residential Low
(RL) and a zoning category of Low Density Residential (LDR).
The Planning Department determined that the proposed annexation is consistent
with the provisions of Community Development Code Section 4-604.E as follows:
The property currently receives water service from Pinellas County. The closest
sanitary sewer line is located in the adjacent Beverly Circle North right-of-way and
the applicant has paid the City’s sewer impact and assessment fees and is aware
of the additional costs to extend City sewer service to this property. Collection of
solid waste will be provided by the City of Clearwater. The property is located
within Police District II and service will be administered through the district
headquarters located at 645 Pierce Street. Fire and emergency medical services
will be provided to this property by Station 47 located at 1460 Lakeview
Road. The City has adequate capacity to serve this property with sanitary sewer,
solid waste, police, fire and EMS service. The proposed annexation will not have
an adverse effect on public facilities and their levels of service; and
The proposed annexation is consistent with and promotes the following objective
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of the Clearwater Comprehensive Plan:
Objective A.6.4: Due to the built-out character of the City of Clearwater, compact
urban development within the urban service area shall be promoted through
application of the Clearwater Community Development Code.Objective A.7.2
Diversify and expand the City’s tax base through the annexation of a variety of
land uses located within the Clearwater Planning Area.
Policy A.7.2.3: Continue to process voluntary annexations for single-family
residential properties upon request.
The proposed RL Future Land Use Plan category is consistent with the current
Countywide Plan designation of this property. This designation primarily permits
residential uses at a density of 5 units per acre. The proposed zoning district to
be assigned to the property is the Low Density Residential (LDR) District. The use
of the subject property is consistent with the uses allowed in the District and the
meets the District’s minimum dimensions through the Flexible Standard
requirements. The proposed annexation is therefore consistent with the
Countywide Plan, City’s Comprehensive Plan and Community Development
Code; and
The property proposed for annexation is contiguous to existing City boundaries to
the north, south, east and partially to the west; therefore the annexation is
consistent with Florida Statutes Chapter 171.044.
Councilmember Paul Gibson moved to approve the Annexation, Initial Land Use Plan
Designation of Residential Low (RL) and Initial Zoning Atlas Designation of Low Density
Residential (LDR) District for 1831 Beverly Circle North (Lot 1, Lake Lela Manor First
Addition in Section 24, Township 29 South, Range 15 East). The motion was duly seconded and
carried unanimously.
Ordinance 8062-09 was presented for first reading and read by title only.
Councilmember Carlen Petersen moved to pass Ordinance 8062-09 on first reading. The motion
was duly seconded and upon roll call, the vote was:
"Ayes": Cretekos, Doran, Gibson, Petersen and Hibbard.
"Nays": None.
Ordinance 8063-09 was presented for first reading and read by title only. Councilmember John
Doran moved to pass Ordinance 8063-09 on first reading. The motion was duly seconded and
upon roll call, the vote was:
"Ayes": Cretekos, Doran, Gibson, Petersen and Hibbard.
"Nays": None.
Council 2009-05-21 9
Ordinance 8064-09 was presented for first reading and read by title only.
Councilmember George N. Cretekos moved to pass Ordinance 8064-09 on first reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Cretekos, Doran, Gibson, Petersen and Hibbard.
"Nays": None.
7.6 Approve the Annexation, Initial Land Use Plan Designation of Residential Low
(RL) and Initial Zoning Atlas Designation of Low Medium Density Residential
(LMDR) District for 1927 Summit Drive (Lot 94, Skyline Groves in Section 6,
Township 29 South, Range 16 East); and Pass Ordinances 8065-09, 8066-09 and
8067-09 on first reading. (ANX2009-03007)
This voluntary annexation petition involves a 0.174-acre property consisting of
one parcel of land occupied by a single-family dwelling. It is located on the east
side of Summit Drive, approximately 100 feet north of Raymont Drive. The
applicant is requesting this annexation in order to receive sanitary sewer and solid
waste service from the City. The property is contiguous to existing City
boundaries to the north and south. It is proposed that the property be assigned a
Future Land Use Plan designation of Residential Low (RL) and a zoning category
of Low Medium Density Residential (LMDR).
The Planning Department determined that the proposed annexation is consistent
with the provisions of Community Development Code Section 4-604.E as follows:
The property currently receives water service from Pinellas County. The closest
sanitary sewer line is located in the adjacent Summit Drive right-of-way and the
applicant has paid the City’s sewer impact and assessment fees and is aware of
the additional costs to extend City sewer service to this property. Collection of
solid waste is provided by the City of Clearwater. The property is located within
Police District III and service will be administered through the district headquarters
located at 2851 N. McMullen Booth Road. Fire and emergency medical services
will be provided to this property by Station 48 located at 1700 N. Belcher Road.
The City has adequate capacity to serve this property with sanitary sewer, solid
waste, police, fire and EMS service. The proposed annexation will not have an
adverse effect on public facilities and their levels of service; and
The proposed annexation is consistent with and promotes the following objective
of the Clearwater Comprehensive Plan:
Objective A.6.4: Due to the built-out character of the City of Clearwater, compact
urban development within the urban service area shall be promoted through
application of the Clearwater Community Development Code.
Objective A.7.2: Diversify and expand the City’s tax base through the annexation
of a variety of land uses located within the Clearwater Planning Area.
Council 2009-05-21 10
Policy A.7.2.3: Continue to process voluntary annexations for single-family
residential properties upon request.
The proposed RL Future Land Use Plan category is consistent with the current
Countywide Plan designation of this property. This designation primarily permits
residential uses at a density of 5 units per acre. The proposed zoning district to
be assigned to the property is the Low Medium Density Residential (LMDR)
District. The use of the subject property is consistent with the uses allowed in the
District and the property exceeds the District’s minimum dimensional
requirements. The proposed annexation is therefore consistent with the
Countywide Plan, City’s Comprehensive Plan and Community Development
Code; and
The property proposed for annexation is contiguous to existing City boundaries to
the north and south; therefore the annexation is consistent with Florida Statutes
Chapter 171.044.
Councilmember Paul Gibson moved to approve the Annexation, Initial Land Use Plan
Designation of Residential Low (RL) and Initial Zoning Atlas Designation of Low Medium
Density Residential (LMDR) District for 1927 Summit Drive (Lot 94, Skyline Groves in Section
6, Township 29 South, Range 16 East). The motion was duly seconded and carried unanimously.
Ordinance 8065-09 was presented for first reading and read by title only.
Councilmember Carlen Petersen moved to pass Ordinance 8065-09 on first reading. The motion
was duly seconded and upon roll call, the vote was:
"Ayes": Cretekos, Doran, Gibson, Petersen and Hibbard.
"Nays": None.
Ordinance 8066-09 was presented for first reading and read by title only. Councilmember John
Doran moved to pass Ordinance 8066-09 on first reading. The motion was duly seconded and
upon roll call, the vote was:
"Ayes": Cretekos, Doran, Gibson, Petersen and Hibbard.
"Nays": None.
Ordinance 8067-09 was presented for first reading and read by title only. Councilmember Paul
Gibson moved to pass Ordinance 8067-09 on first reading. The motion was duly seconded and
upon roll call, the vote was:
"Ayes": Cretekos, Doran, Gibson, Petersen and Hibbard.
"Nays": None.
7.7 Approve amendments to the Community Development Code to implement school
concurrency, and Pass Ordinance 8028-09 on first reading. (TA2009-01001)
Council 2009-05-21 11
The Planning Department is recommending text amendments to the Community
Development Code to implement school concurrency. The proposed
amendments to the Community Development Code are intended to ensure
consistency with the Public School Facilities amendments to the Clearwater
Comprehensive Plan (adopted in 2008) and the provisions of the Interlocal
Agreement between Pinellas County School Board, Pinellas County, the City of
Clearwater and eleven other municipalities.
The amendments that present a change in current policy or a new policy issue are
outlined below:
Public School Facilities Concurrency. This ordinance proposes new Section 4-905
to implement school concurrency ensuring that there will be workspace available
in schools for students generated by new residential projects that contain 25 or
more units. School concurrency will be tracked on a countywide basis through the
countywide computer system.
Recording of the final plat.The ordinance adds sidewalk requirements associated
with a subdivision plat for improving the safety of students as they access public
school facilities (consistent with Clearwater Comprehensive Plan Policy J.3.1.6).
Standards for certificate of concurrency/capacity.
This ordinance adds subsection 7 to Section 4-903 A., referring to the new public
school facilities concurrency requirements of Section 4-905. This ordinance
revises Section 4-903 B. to reflect the current Clearwater Comprehensive Plan
Policy I.1.3.3.
Definitions. This article concerns definitions that are associated with school
concurrency so that the City is consistent with the terms set forth in the Interlocal
Agreement.
The Community Development Board (CDB) reviewed the proposed text
amendments at its pubic hearing of April 21, 2009. The CDB unanimously
recommended approval of the proposed amendments with no comments.
Councilmember Carlen Petersen moved to approve amendments to the Community Development
Code to implement school concurrency, and Pass Ordinance 8028-09 on first reading. The
motion was duly seconded and carried unanimously.
Ordinance 8028-09 was presented for first reading and read by title only. Councilmember John
Doran moved to pass Ordinance 8028-09 on first reading. The motion was duly seconded and
upon roll call, the vote was:
Council 2009-05-21 12
"Ayes": Cretekos, Doran, Gibson, Petersen and Hibbard.
"Nays": None.
7.8 Approve amendments to the Community Development Code renaming sidewalk
cafes to outdoor cafes and revising provisions related to such cafes on private
property, as well as in the public right-of-way, and Pass Ordinance 8042-09 on
first reading. (TA2009-01003)
The Planning Department is proposing amendments to the Community
Development Code that address outdoor cafes located on private property as well
as outdoor cafes located within right(s)-of-way, while additionally outlining special
provisions for outdoor cafes in the Cleveland Street Café District. To ensure
consistency, modifications are also being proposed to the Code of
Ordinances. The amendments that present a change in current policy or a new
policy issue are outlined below:
Outdoor cafes on private property.Allows outdoor cafes on private property to be
reviewed as permits are requested.
Outdoor cafes located within public right(s)-of-way.Allows outdoor cafes located
within public right(s)-of-way in the Tourist District on Clearwater Beach and areas
subject to the Downtown Redevelopment Plan, and sets forth location, design,
and operational requirements, as well as standards for permit
revocation. Establishes specific provisions for outdoor cafes on Cleveland Street
(between Myrtle and Osceola) to implement the Café Society concept endorsed
by the Community Redevelopment Agency.
Definitions.Establishes a definition for the terms “Cleveland Street Café District”
and “outdoor café”.
Schedule of fees, rates and charges.Removes the current sidewalk café fee and
replaces it with an outdoor café fee for only those cafes located within public
right(s)-of-way.
Code of Ordinances. Minor edits to make language used in Section 6 “Alcoholic
Beverages” and Section 28 “Streets, Sidewalks, Other Public Places” consistent
with the language in the Community Development Code.
The staff report and Ordinance 8042-09 contain further analysis and information
on the proposed amendments.The Community Development Board (CDB)
reviewed the proposed text amendment at its meeting of April 21, 2009. The
Board unanimously recommended the amendment for approval, however were
quite concerned with certain provisions proposed in Section
3.909.C.2. Specifically the Board thought the proposed four-foot pedestrian path
may be too narrow and that in the Cleveland Street Café District the outdoor café
seating (instead of the pedestrian path) should be located adjacent to the building
Council 2009-05-21 13
façade.
Planning Assistant Director Gina Clayton said recommendations regarding placement of outdoor
tables were consistent with facade analysis and affect only the Cleveland Street Cafe district.
It was stated that cafe owners must provide insurance for any outdoor cafe seating they provide.
In response to a comment, Assistant City Manager Rod Irwin said placing outdoor restaurant
seating next to the building discourages pedestrians to window shop and enter retail
establishments. Staff recommended that the pedestrian walkway be close to the building to
maximize pedestrian traffic.
One individual spoke in support and one individual requested that outdoor seating locations be
flexible.
Two individuals supported expanding outdoor cafes beyond Cleveland Street.
Councilmember John Doran moved to amend Ordinance 8042-09 on first reading to increase the
sidewalk width from four feet to five feet. The motion was duly seconded. Councilmembers
Cretekos, Doran, Gibson, and Petersen voted "Aye" and Mayor Hibbard voted "Nay."
Motion passed.
Councilmember Carlen Petersen moved to amend Ordinance 8042-09 on first reading to include
right to appeal as provided in Section 4-501.A. The motion was duly seconded and carried
unanimously.
Councilmember Carlen Peterson moved to approve Item 7.8 as amended. The motion was duly
seconded and passed unanimously.
Ordinance 8042-09 was presented for first reading as amended and read by title only.
Councilmember John Doran moved to approve 8042-09, as amended, on first reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes": Cretekos, Doran, Gibson, Petersen and Hibbard.
"Nays": None.
8. Second Readings – Public Hearing
8.1 Continue 2nd Reading of Ordinance 8025-09 to June 18, 2009 to amend Article
VII, Solid Waste Management,Section 32.271 through 32.322, Amend Appendix
A, Schedule of fees, rates, and charges, Article XXV, Public Works-fees, rates
and charges, section; (3)(c) Solid Waste collection rates through Solid Waste Roll-
off container or waste receptacle service(5)(b)(ii)(7.
Councilmember George N. Cretekos moved to continue 2nd Reading of Ordinance 8025-09 to
June 18, 2009 to amend Article VII, Solid Waste Management,Section 32.271 through 32.322,
Council 2009-05-21 14
Amend Appendix A, Schedule of fees, rates, and charges, Article XXV, Public Works-fees, rates
and charges, section; (3)(c) Solid Waste collection rates through Solid Waste Roll-off container
or waste receptacle service(5)(b)(ii)(7). The motion was duly seconded and carried unanimously.
City Manager Reports
9. Consent Agenda
Councilmember John Doran moved to approve the Consent Agenda, less Item 9.9, and that the
appropriate officials be authorized to execute same. The motion was duly seconded and carried
unanimously.
9.1 Award a purchase order (contract) to Ward Diesel Filter Systems, Elmira, New
York, in an amount not to exceed $121,436.00 for the purchase of fourteen No
Smoke diesel exhaust removal systems (including installation), in accordance with
Sec. 2.564(b), Code of Ordinances Sole source for City standardized equipment,
and that appropriate officials be authorized to execute same. (consent)
9.2 Approve transfer of $2.6 million dollars from unrestricted net assets (reserves) in
the below listed funds to Special Revenue Project 181-99874 to cover the costs of
early retirement incentive packages. (consent)
9.3 Approve the Conditional Assignment of Lease of the marina Bait House from the
current lessee, Charles J. and Sandra Pollick d/b/a Bait House to Justin Pfaelzer
d/b/a Clearwater Angler, L.L.C. with no changes in the existing lease and
authorize the appropriate officials to execute same. (consent)
9.4 Approve the Lease Agreement between the City of Clearwater and Bruce Littler,
Inc., for Rooms 2, 2a and 3 at the City Marina, for a two (2) year period with a flat
three percent (3%) annual Consumer Price Index increase and authorize the
appropriate officials to execute same. (consent)
9.5 Award a contract (purchase order) for $155,941.00 to Container Systems
Equipment Company of Daytona Beach, Florida, for one 2009 International
Chassis with GS Products 5035D 33 cubic yard Recycling Body in accordance
with Sec. 2.564(1)(d), Code of Ordinances - City of Clearwater Bid 13-09,
authorize lease purchase under the City’s master lease agreement and authorize
the appropriate officials to execute same. (consent)
9.6 Award the 2008 Street Resurfacing Contract (08-0015-EN) to Ajax Paving
Industries of Nokomis, Florida, for the sum of $969,457.50 which is the lowest
responsible bid received in accordance with the plans and specifications and
authorize the appropriate officials to execute same. (consent)
9.7 Accept an 8,214 square foot Reclaimed Water Main and Utilities Easement to
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encumber a portion of Tract "A" of A REPLAT OF A PART OF THE TOWN OF
BELLEAIR, PINELLAS COUNTY, FLORIDA, conveyed by the Belleview Biltmore
Country Club Corporation in consideration of receipt of $10.00 and the benefits to
be derived therefrom. (Consent)
9.8 Accept a Water Main and Utilities Easement containing 6,750 square feet, more
or less, to encumber the North 14.96 feet of TRACT "H" COMMON AREA,
CLEARWATER VILLAGE - PHASE ONE, together with the North 15 feet of Lot 9,
E. A. MARSHALL’S SUBDIVISION, less the East 39 feet, thereof, jointly
conveyed by Clearwater Village, L. C., a Florida limited liability company and
Clearwater Village Homeowners’ Association, Inc., a Florida not for profit
corporation, in consideration of receipt of $1.00 and the benefits to be derived
therefrom. (consent)
9.9 Award a contract to Clark Hunt Construction of Clearwater, Florida, for the
construction of the Beach Connector Trail project Phases I and II(04-0042-EN) in
the amount of $898,577.99, which is the lowest responsible bid received in
accordance with plans and specifications; approve purchase orders for trail
amenities that are not grant related thus require a budget amendment: Swartz
Associates of Tampa, Fl, in the amount of $4,832.20 for miscellaneous trail
amenities, Shade System of Ocala, Fl in the amount $95,342.40 for stainless steel
shade shelters, and Grosz Construction Inc. of Tampa, Fl in the amount of
$18,950 for the installation of shade shelters, authorize the appropriate authorities
to execute same and approve transfer of funds for miscellaneous costs of the
project in the amount of $103,029.68. (consent)
Traffic Operations Manager Paul Bertels reviewed project details. Chestnut Street was
considered but the Florida Department of Transportation expressed concerns with safety. No
parking spaces would be lost on Turner Street. Seven public meetings were held.
Two individuals supported the project with one suggesting that Chestnut Street be considered as
a possible trail location.
The majority expressed concerns with a trail on Chestnut Street.
Councilmember George N. Cretekos moved to approve Item 9.9. The motion was duly seconded
and carried unanimously.
10. Other Items on City Manager Reports
10.1 Approve a Local Agency Program (LAP) Agreement between the Florida
Department of Transportation and the City of Clearwater in the amount of
$1,392,000 for the construction of bike lanes on East Avenue, and adopt
Resolution 09-24.
This LAP Agreement authorizes the city to build two way bike lanes on East
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Avenue between Turner Street and Drew Street.
This project is funded by the American Recovery and Reinvestment Act of 2009.
This project will entail making the east side of East Avenue a one way street for
northbound traffic and the west side of East Avenue a two way bike lane. This
project will entail milling and resurfacing both sides of East Avenue and providing
the appropriate signage and markings along the corridor.
This project will entail making Hendricks Street one way eastbound from Laura
Street to East Avenue to prevent northbound left turns from East Avenue onto
Hendricks Street.
Maintenance of the facilities for the trail will be the responsiblity of the Public
Service Department and Traffic Operations Division of the Engineering
Department.
Councilmember Paul Gibson moved to approve Approve a Local Agency Program (LAP)
Agreement between the Florida Department of Transportation and the City of Clearwater in the
amount of $1,392,000 for the construction of bike lanes on East Avenue The motion was duly
seconded and carried unanimously.
Resolution 09-24 was presented and read by title only. Councilmember Petersen moved to adopt
Resolution 09-24 and authorize the appropriate officials to execute same. The motion was duly
seconded and upon roll call, the vote was:
"Ayes": Cretekos, Doran, Gibson, Petersen and Hibbard.
"Nays": None.
10.2 Approve entering into an agreement with the Florida Department of Transportation
(FDOT), FPN 256881 1 52 01, to fund the construction of Phase II of the Tropic
Hills drainage improvements in the amount of $1,114,000, and adopt Resolution
09-26.
FDOT is going to construction in August 2009 with a project to upgrade US
19 from north of Whitney Road to north of S.R. 60. The schedule has been
accelerated due to economic stimulus dollars that FDOT was able to obtain for the
road project.
Tropic Hills Phase II involves replacing twin 36" pipes with a 4’ x 10’ box culvert
within the segment of US 19 to be upgraded.
The $1,114,000 is the difference in the Project cost between the twin 36"
pipes and a 4’ x 10’ box culvert. Midyear budget amendments will transfer
Stormwater Utility (388419) revenue in the amounts of $800,000 from 0315-
96158, Transfer Yard Upgrade and $314,000 from 0315-96168, Storm System
Council 2009-05-21 17
Expansion to 0315-96170, Coastal Basin Projects to fund the agreement.
Engineering Manager Elliot Shoberg said the Department of Transportation revised the
agreement to a fixed cost agreement after Monday’s work session.
Councilmember John Doran moved to approve entering into an agreement with the Florida
Department of Transportation (FDOT), FPN 256881 1 52 01, to fund the construction of Phase II
of the Tropic Hills drainage improvements in the amount of $1,114,000. The motion was duly
seconded and carried unanimously.
Resolution 09-26 was presented and read by title only. Councilmember George N. Cretekos
moved to adopt Resolution 09-26 and authorize the appropriate officials to execute same. The
motion was duly seconded and upon roll call, the vote was:
"Ayes": Cretekos, Doran, Gibson, Petersen and Hibbard.
"Nays": None.
Miscellaneous Reports and Items
11. City Manager Verbal Reports
11.1 City Bonds Update
Finance Director Margie Simmons said recent bond ratings allowed City to issue bonds at
5.54%, providing a $1.9 million savings. The City will have $500,000 less in debt service.
The Council recessed from 8:05 p.m. to 8:13 p.m.
12. Council Discussion Items
12.1 Matrix Efficiency Study - P.D. Cost Savings
City Auditor Robin Gomez provided a power point presentation. He gave a brief overview of
the police efficiency study completed by the Matrix Consulting Group, Inc. He said adopting the
recommendations could result in a potential budget savings of approximately $1.3 million.
The City Manager stated that Council needs to determine the level of police service to be
provided.
In response to pending recommendations, Police Chief Sid Klein said the 8-hour shift would be
more efficient but the department would lose a 4-hour overlap in shifts. Chief Klein expressed
concerns with eliminating the Beach Walk team as Clearwater has the lowest officer ratio for a
tourist destination. Any staff reductions would come from attrition. He said the current
recession is impacting crime. Larger cities are using the 10-hour shift as a recruiting tool. The
community policing teams are the only officers allowed by contract to flex schedules. The
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Department's overtime budget has been cut in half.
Discussion ensued and it was indicated decisions regarding the Police Department should wait
until the preliminary budget is presented.
Seven individuals opposed reducing the community policing levels in the East Gateway and one
individual opposed eliminating the Beach Walk team.
Concerrns with the impact of upcoming budget restrictions were expressed.
13. Other Council Action
13.1 Other Council Action
Councilmember Carlen Petersen said D.T. Minich, Executive Director of the St.
Petersburg/Clearwater Convention and Visitors Bureau, will be at the June 15,2009 work
seSSIOn.
Councilmembers reported on events in which they recently participated and reviewed upcoming
events.
Adiourn
The meeting adjourned at 9:36 p.m.
~~
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Mayor
City of Clearwater
Attest
Council 2009-05-21
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