05/18/2009
CITY COUNCILWORKSESSION MINUTES
CITY OF CLEARWATER
May 18, 2009
Present: Frank Hibbard, Paul Gibson, George Cretekos, John Doran, and Carlen
Petersen.
Also William B. Horne II - City Manager, Jill S. Silverboard - Assistant City
present: 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.
Mayor Frank Hibbard called the meeting to order at 9:00 a.m. at City Hall.
1. Presentations
1.1 Service Awards
Two service awards were presented to city employees.
The Employee of the Month Award was presented to Daniel Rivera, Solid Waste, for
April 2009 and Ron Melton, Marine and Aviation, for May 2009.
The Council recessed from 9:09 a.m. to 12:05 p.m. to meet as the Pension Trustees.
2. Fire Department
2.1 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)
The National Institute for Occupational Safety & Health (NIOSH) and the US
Occupational Safety & Health Administration (OSHA) have declared human
exposure to diesel exhaust as a potential occupational carcinogenic hazard. The
purchase and installation of truck mounted exhaust extraction systems will reduce
personnel exposure to exhaust at stations and/or incident locations.
* The purchase of vehicle-mounted exhaust removal systems is less
expensive than purchasing hose systems as it requires no alteration to the facility.
It is self-contained on the apparatus and does not require the installation of hose
Work Session 2009-05-18 1
raceways, ducts, filters and blowers.
* This program will provide for the standardization of our fleet of apparatus. Eight
(8) vehicles already have the vehicle-mounted system and this system allows
flexibility in vehicle location. Hose installation can limit which apparatus utilizes a
particular bay. It would eliminate any redundancy of systems for those apparatus
already equipped with an exhaust removal system.
* The department plans to purchase 14 new units to install on the remainder of
the fleet of diesel vehicles.
* The purchase of vehicle-mounted exhaust removal systems will (benefits):
- Provide a safe environment for our employees and the community that
frequents our facilities. This system meets the standards set forth by OSHA,
NIOSH, and NFPA for particulate extraction.
- Allow us to provide protection from harmful exhaust soot while out of the
station, on the scene, with manual activation of the system.
- Eliminate the need for building modifications or the manual connection of
a hanging hose. It further eliminates the possibility of damage to the vehicle,
system, or building with no external hose connections.
- Not eliminate any compartment space on the apparatus and does not
affect the engine performance. Additionally, it does not void any manufacturer
warranty on the apparatus.
* Based on hours of usage, filters may need to be changed approximately every
two years. The filters are not disposable, but are regenerated after removal and
prepared for re-installation. Current filter replacement cost is $295.00 subject to
increases based on the consumer price index.
- Our Fleet personnel, following a familiarization class provided by the
manufacturer, will complete this filter change. They will also be able to
troubleshoot any other maintenance issues should they arise.
- Vehicles manufactured after 2007 are required to meet EPA standards for
partial particulate removal. This does not however meet NIOSH, OSHA, or NFPA
standards and would still require the use of an exhaust removal system. The EPA
requirement is met by the newer engines burning hotter and eliminating some of
the harmful soot internally. The vehicle-mounted system would remove the
remaining exhaust and in turn require less frequent filter changes and reduced
maintenance costs.
Sufficient funding exists in CIP project 315-91255 Exhaust Systems. Funding will
be partially reimbursed by Pinellas County, as the equipment will help serve any
unincorporated resident of the Clearwater Fire District.
3. Financial Services
3.1 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.
In an effort to reduce costs and enhance savings for the future, City Council
approved a retirement incentive package on March 16, 2009, to offer to
employees that were retirement eligible or retiring due to position eliminations. 56
Work Session 2009-05-18 2
employees responded and have accepted the City’s offer.
Staff is asking for $2.6 million dollars to be transferred from unrestricted net
assets to special programs project 181-99874 to fund these costs. The
breakdown is as follows:
General Fund $1,881,000
Marina Fund (fund from General Fund) $ 30,000
Water & Sewer Fund $ 123,000
Gas Fund $ 187,000
Solid Waste Fund $ 51,000
Stormwater Fund $ 47,000
General Services Fund $ 95,000
Fleet Services Fund $ 51,000
Administrative Services Fund $ 135,000
Total $2,600,000
All Funds have adequate unrestricted net assets to fund the incentive costs and
payouts with the exception of the Marina Fund. We are asking to fund that cost
from the General Fund.
RETIREMENT INCENTIVE PROGRAM
Number of employees who have taken advantage of the 56
program
SAMP 1-3 8
SAMP 4-6 10
CWA 30
FOP 3
IAFF 5
Approx. amount of incentive money to be paid $806,000
Approx. amount of severance to be paid $164,000
Approx. amount of sick/vacation/bonus days/accrued leave $1,630,000*
Approx. Total Payout for the retiring employees $2,600,000
* The sick leave/vacation payouts would have been paid out at
retirement even if the City had not offered this program.
Total Annual Salary/*Benefits of the 56 retiring employees $3,651,000*
Projected number of retiree positions to be abolished 24
Total Annual Salary/*Benefits of positions to be abolished $1,618,000
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Projected number of retiree positions to be downgraded 4
Salary/*Benefits Costs to backfill remaining retiree positions $1,435,000
The result will be an approximate permanent savings of $2,216,000.
*Approx. $630,000 was from Enterprise Fund Departments
Employees retiring on or before 5/22/2009: 35
Total Annual Salary of pre-June retirees: $1,812,000
Potential estimated salary/benefits savings for last quarter $ 544,000 for FY 08-09
for pre-June retirees.
A quarterly amendment will move funds from unrestricted net assets (reserves) in
each identified fund to Project 181-99874. Any balance remaining in the project
after all payments have been made will be transferred back to the appropriate
contributing fund.
4. Marine and Aviation
4.1 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)
Mr. and Mrs. Chuck Pollick, lease tenants of the Bait House, have requested the
consent of the City of Clearwater to assign the existing Lease Agreement dated
May 1, 2007 to Justin Pfaelzer, d/b/a Clearwater Angler, L.L.C.
Assignment of the existing lease is permitted with the City’s consent in Section 4,
page 3 of the existing lease. Upon assignment, Clearwater Angler, L.L.C. as
lessee would act as the sole operator for the daily operation of marina bait house
in accordance with the responsibilities outlined in the current lease.
The current lease has 5 months remaining on its initial term that continues
through September 30, 2009. At that time the Lessee, with the Lessor’s consent,
may renew the lease agreement for two years in accordance with the terms and
conditions offered other lease renewals in the Municipal Marina.
While this action makes no changes to the existing lease terms or conditions, the
new owner plans to personally be on premise overseeing the daily operations, not
an absentee owner. He has been working toward a well thought out business plan
to build up inshore fishing services/supplies for the past year and has reached an
agreement with the Pollicks to buy out their interest.
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In response to questions, Marine and Aviation Director Bill Morris said the lessee will
have the option to extend the lease for 2 years. The lease agreement is for 5 months.
Mr. Pfaelzer is a North Beach resident with a background in flat fishing tournaments.
Mr. Morris said all leases are set to expire September 2009. This agreement will keep
some revenues coming in.
Assistant City Manager Rod Irwin said it will take a minimum of 2 years to develop a
master plan for the marina.
4.2 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)
The current lease terminated April 30, 2009. Mr. Littler requested the Consumer
Price Index (CPI) charge not exceed three percent. Legal reviewed the lease and
agreed to the three percent Consumer Price Index provided it be a flat three
percent. Mr. Littler agreed to those terms.
The lessee pays $1,453.34 each month plus tax for rooms 2, 2a and 3, as well as
yearly CPI increases each January 1st. The CPI increase last year was 5.2% and
was a hardship according to Marina tenants.
In addition to the monthly rental, at the end of each lease year the Lessee pays an
additional amount equal to five (5) percent of yearly gross sales exceeding
$500,000 throughout the term of the lease. The City has not received any revenue
from Mr. Littler for these rooms from gross sales over the past several years. The
sales have not exceeded $210,348, with an average $204,108 the last three
years.
The Lessees are also responsible for all improvements to the space,
maintenance, insurance, taxes (including property taxes) and utilities.
The nautical shop is 1336 square feet. The Lessee is paying $13.08 per square
foot as of January 2009.
5. Solid Waste/General Support Services
5.1 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).
5.2 Award a contract (purchase order) for $155,941.00 to Container Systems
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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)
The current unit, G2565 is a 2002 conventional International chassis with left hand
drive only. This unit is not suitable for residential collection due to location of the
steering wheel and non-low entry steps. The driver must use an excessive
amount of time leaving the left hand side and move to the right side of the body to
load the material at the curb and return to the left side drive position. Also, the
body has deteriorated to a point that repairs are extensive and very costly.
The replacement of G2565 was approved by the Resource Management
Committee on March 6, 2009.
In response to questions, Solid Waste Assistant Director John Pitman said the vehicle
was not included in the CIP and costs a lot to maintain.
6. Engineering
6.1 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)
The City of Clearwater’s annual streets resurfacing program is designed to
prevent the deterioration of roadway wearing surfaces, provide a protective
coating and maintain the structural integrity of the road substructure throughout
the City street system.
The streets scheduled for resurfacing in this contract are determined by citizens’
request, Public Services staff and Engineering staff. All have been determined to
warrant their inclusion by virtue of an inspection and prioritization process
performed by the Engineering staff.
Construction will begin in June 2009 with a contract period of 90 days.
Sufficient budget and revenue is available in Capital Improvement Program (CIP)
project 0315-92273, Street and Sidewalks, in the amount of $864,231.50 for street
resurfacing.
A midyear budget amendment will transfer $105,226 of Gas (388423) revenue
from CIP 0315-96358, Environmental Remediation, to 0315-92273, Streets and
Sidewalks to fund repaving of the Gas Parking Lot.
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In response to a question, Engineering Director Mike Quillen said the project will not
include multi-colored pavement but regular asphalt.
6.2 Accept an 8,214 square foot Reclaimed Water Main and Utilities Easement to
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)
The Belleview Biltmore Country Club in the Town of Belleair is a 135-acre, par 71
championship golf course designed by course architect Don Ross in 1925.
The popular course is irrigated using a combination of permitted groundwater
wells and reclaimed water supplied by Pinellas County. County delivery of
reclaimed water has proved inadequate and the golf course has had to rely more
heavily on its wells, at times exceeding permitted pumping limits.
Belleview Biltmore approached the City with a proposal to pay for extension and
installation of a reclaimed water service line to a retention pond on the northerly
portion of the course, and purchase an estimated 133,300 gallons of reclaimed
product per day. The City already provides similar volume service to several
other golf courses, athletic fields, parks and schools.
McKim and Creed researched the proposal’s feasibility for the City, and
developed plans, costs estimates and routing to extend existing City reclaimed
water service from Jeffords Street, south along Druid Road South to Corbet
Street, east on Corbett, then south onto the golf course approximately 350 feet to
the target retention pond.
Town of Belleair and Pinellas County officials have reviewed the proposed plans
without objection, and the extraterritorial service extension does not violate the
City’s bond covenants. As the City is providing the services to a private entity as
at a bulk-use rate, an interlocal agreement is not required.
Delivery of this additional reclaimed water production to the golf course will
generate approximately $10,000 additional annual utility revenue, and further
assist the City in meeting its criteria for continued SWFWMD funding.
The subject easement grants the City perpetual authority to provide direct linkage
for the proposed reclaimed water line from routing within incorporated Corbett
Street right-of-way, beneath the golf course surface to the existing pond. The
easement may be terminated by mutual written agreement of both the country
club and the City, or upon the City discontinuing service and abandoning the
easement premises.
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6.3 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
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 responsibility of the Public
Service Department and Traffic Operations Division of the Engineering
Department.
In response to questions, Traffic Engineer Paul Bertels said Hendricks Street is located
between Cleveland and Drew Streets. The project will put bikes in the street.
6.4 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 Expansion to 0315-96170, Coastal Basin
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Projects to fund the agreement.
6.5 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)
In 2003 Clearwater Village, L. C. submitted a series of plans to develop both
single-family housing and attached townhomes in a multi-phase residential
development addressed at 1312 State Street to be known as Clearwater Village.
Associated development plan amendment BCP2003-03628 set out requirements
for construction and installation of the interior roadway, water, sewer and drainage
facilities, along with landscaping site work for Phase One of the project.
Phase One of the project is now essentially complete. County Property Appraiser
records indicate 19 of the 25 housing units are in private ownership.
The subject easement grants the City rights to maintain and replace as necessary
the required 6-inch water main servicing the initial project phase. The utility,
including fire hydrant, extends from Kings Highway across the northerly 15 feet of
Lot 9, E. A. MARSHALL’S SUBDIVISION, through the project’s common area to
the platted drainage and utility easement overlaying Freedom Drive, the private
central interior roadway.
The water main also provides proximate connection for extending future service
into Phase 1A of Clearwater Village when developed.
6.6 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)
This agenda item provides for construction of pedestrian, bicycle and skate trails
to connect Clearwater Beach to the Pinellas Trail, thereby providing mid-county
residents with trail access to Clearwater Beach.
Work Session 2009-05-18 9
Specifically, the Beach Connector Trail forms trail connections between the
Pinellas Trail and the east end of the new Memorial Bridge, and along the
Memorial Causeway between the west end of the Memorial Bridge and the east
end of the West Spur Connector pedestrian bridge over Mandalay Channel.
The Beach Connector Trail project has two phases:
Phase I: From the West Spur pedestrian bridge east to the Memorial Bridge
Phase II: From the Memorial Bridge east to the Pinellas Trail Construction of the
Beach Connector Trail is partially funded by two Enhancement grants.
The City of Clearwater is LAP certified, which means the FDOT has determined
City staff is qualified to design and administer construction of FDOT funded
projects. This project has been designed as a LAP project.
The project includes miscellaneous trail amenities such as benches, water
fountains, and stainless steel trail shelters providing shade and seating. The
purchase and installation of trail amenities are separate from the trail construction
project in order to take advantage of lower prices such as purchasing shelters
from Shade System piggybacking on a City of Jacksonville Contract; as a
separate bid process Grosz Construction provided the lowest price for installation
of all amenities; and costs of purchasing benches and fountains were lowest from
Swartz as these are items impractical to bid due to City Standards.
The Beach Connector Trail will be maintained by Parks & Recreation Department
as part of the Clearwater Trail System at no additional annual costs. Work will
commence upon award and execution of the contract and will be completed within
240 calendar days.
Initially, Enhancement Grant funding from DOT was approved in the amount of
$1,268,581. Some items are not eligible for grant funding thus only $801,314.50
of Enhancement funding from DOT is available in Capital Improvement Program
(CIP) project 0315-92342, Beach Connector Trail.
A midyear budget amendment will transfer $319,417.77 of Infrastructure Sales
Tax (381626) from CIP 0315-96146, Druid Road Improvements to 0315-92342,
Beach Connector Trail, to provide $97,263.49 to fund the construction contract,
$119,124.60 for amenities and $103,029.68 for miscellaneous costs of the project.
It was stated that the project does not include improvements to the asphalt trail.
It was suggested that consideration be given to push the trail further south if the BRT is
implemented.
Work Session 2009-05-18 10
7. Planning
7.1 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
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.
Work Session 2009-05-18 11
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.
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 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
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
Work Session 2009-05-18 12
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.
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 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
Work Session 2009-05-18 13
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 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 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
Work Session 2009-05-18 14
171.044.
7.4 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 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
Work Session 2009-05-18 15
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.
7.5 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
Work Session 2009-05-18 16
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.
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.
7.6 Approve amendments to the Community Development Code to implement school
concurrency, and Pass Ordinance 8028-09 on first reading.
(TA2009-01001)
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
Work Session 2009-05-18 17
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.
7.7 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
Work Session 2009-05-18 18
(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 façade.
Planner K Lee reviewed the proposed amendments.
In response to questions, Planning Assistant Director Gina Clayton said businesses can
leave their furniture out at night if they choose. Furniture must comply with design
guidelines and maintenance standards.
Ms. Lee provided information regarding sidewalk widths.
Southside of Cleveland Northside of Cleveland
Existing Width Range Existing Width Range
Myrtle to East 14-16 ft. 19-25 ft.
East to Garden 11-30 ft. 12-54 ft.
Garden to Ft.
18-25 ft. 14-22 ft.
Harrison
Ft. Harrison to Osceola 12-20 ft. 13-23 ft.
Assistant City Manager Rod Irwin said it was better to keep the pedestrian walkway
near retail establishments to maintain window shopping.
Discussion ensued. Concern was expressed with sidewalks not being wide enough for
Work Session 2009-05-18 19
pedestrians.
It was stated that 4-6 feet was acceptable width for sidewalks.
Planning Director Michael Delk said restaurants would control use of the chairs and may
direct non-patrons off of chairs. Mr. Delk said sidewalks must meet ADA requirements,
which is 42 inches wide. Any modifications to sidewalk widths would require an
ordinance change.
Staff was directed to amend sidewalk path to 5 feet in the ordinance.
8. Legal
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.
9. City Manager Verbal Reports
9.1 City Manager Verbal Reports - None.
10. Council Discussion Items
10.1 Lights during Turtle Nesting Season - Councilmember Cretekos
Concern was expressed that last year the media reported the city did not ban lights
during turtle nesting season.
It was stated that staff is amending the current ordinance and will present the changes
to Council in July.
11. Other Council Action - None.
12. Adjourn
The meeting was adjourned at 1:33 p.m.
13. Presentation(s) for Council Meeting
13.1 Home of the Year and Neighborhood of the Year Awards
Work Session 2009-05-18 20