09/28/2009
CITY COUNCILWORKSESSION MINUTES
CITY OF CLEARWATER
September 28, 2009
Present: Mayor Frank Hibbard, Vice-Mayor Paul Gibson, Councilmember George N.
Cretekos, Councilmember John Doran, and Councilmember Carlen Petersen.
Also William B. Horne II - City Manager, Rod Irwin - Assistant City Manager,
present: Pamela K. Akin - City Attorney, Cynthia E. Goudeau - City Clerk, and
Rosemarie Call - Management Analyst.
To provide continuity for research, items are in agenda order although not
necessarily discussed in that order.
The meeting was called to order at 9:00 a.m. at City Hall.
The Council recessed from 9:01 a.m. to 9:24 a.m. to meet as the Community
Redevelopment Agency.
1. Economic Development and Housing
1.1 Certify that Ruth Eckerd Hall, Inc., a non-profit corporation, is consistent with
local plans and regulations including comprehensive plans for the Capitol Theatre
proposed project and that Ruth Eckerd Hall, Inc. qualifies under the States
Community Contribution Tax Credit Program (CCTCP) for public resources and
facilities affiliated with economic/community development efforts and adopt
Resolution 09-36.
Ruth Eckerd Hall, Inc. is applying for sponsorship under the Enterprise Zone
Community Contribution Tax Credit Program pursuant to Florida Statutes sections
220.03, 220.183 (2) (c) and Rule 12C-1.0188 Florida Administrative Code.
To become an eligible sponsor, a resolution from the local government is
required. The Capitol Theatre is located within the City of Clearwater Enterprise
Zone 5202 as established by Resolution 98-28 on August 20, 1998. On January
1, 2006, this area was re-designated an Enterprise Zone by Resolution 05-46,
dated November 16, 2005 and will be in effect until December 31, 2015.
The CCTCP allows any business in Florida to receive a 50% credit on their
Florida corporate income tax, insurance premium tax or sales tax refund for
donations made to local community development projects. Donations must be
made to an eligible sponsor conducting an approved community development
Work Session 2009-09-28 1
project. A business may receive no more than $200,000 in community contribution
tax credits annually. Once the donation has been approved by the Office of
Tourism, Trade and Economic Development, a copy of the approval letter must be
submitted with the state tax return.
The qualifying proposed project for this sponsorship is to seek in-kind, service,
and cash contributions towards restoration, renovation, programming and
operation of the Capitol Theatre.
When completed, the 655-seat capacity Capitol Theatre will become a venue
where residents and visitors of Clearwater can enjoy all genres of live
entertainment provided by Ruth Eckerd Hall, contributing to the City of
Clearwater’s goal of revitalizing its downtown area to benefit residents, tourists,
and local businesses. The Capitol Theatre will also be an auxiliary location for
various performing arts education programs and film series’ offered by Ruth
Eckerd Hall.
It was requested that staff confirm date of the building before Thursday's meeting.
2. Library
2.1 Award contracts (blanket purchase orders)to Baker and Taylor, Atlanta, GA -
$250,000; and Ingram Library Services, Atlanta, GA - $170,000 for the purchase
of library books and materials for the contract period October 2, 2009 through
September 30, 2010 and authorize the appropriate officials to execute same.
(consent)
Blanket Purchase Orders for Baker & Taylor and Ingram are for the acquisition of
books and audio visual materials. The purchase orders will be used for numerous
small dollar purchases. Each order will be shopped for best price and availability.
In response to a question, Library Director Barbara Pickell said prices are checked
regularly. The recommended vendor provides a 43% discount and is the highest
discount rate available at this time.
3. Parks and Recreation
3.1 Accept funding totaling $200,738 from and approve the corresponding agreement
with Coordinated Child Care for the "Charting a Course of Youth" programs for
youth and teens and authorize the appropriate officials to execute same.
(consent)
The City of Clearwater Parks and Recreation Department has been awarded
funding totaling $200,738 for FY 09/10 from Coordinated Child Care. Council
approval is required for each year of the agreement.
Work Session 2009-09-28 2
Since the program began in 2000, JWB Children’s Services Council of Pinellas
County was the contract agency. This year, JWB is granting all of the youth
development, out of school time funding to Coordinated Child Care a non-profit,
501 c (3) agency. JWB has decided to consolidate all of this type of program
under one administrative service agency.
Clearwater Parks and Recreation “Charting a Course for Youth” program was
developed to nurture teenagers at the Clearwater neighborhoods in which teens
need the most direction. The program leaders have developed a safe haven for
community teens and pre- teens ages 9-14 at Ross Norton Recreation Complex,
and North Greenwood Recreation and Aquatic Complex.
Program activities include educational programs such as financial management
and homework help; obesity prevention programs such as fitness/nutrition
education, team sports, and lifelong activities; and field trips. Each facility has a
room that has been completely dedicated to teens and teen programming
equipped with lounge furniture, computers, and video games.
There is no requirement to continue the program when the grant ends.
3.2 Amend Appendix A, Schedule of Fees, Rates and Charges of the City of
Clearwater Code of Ordinances relating to Article XI, Parks, Beaches, and
Recreation as it relates to the criteria which establishes the class of city residents
and pass Ordinance 8105-09 on first reading.
For well over 30 years the City has been allowing non-residents the opportunity to
use and take part in recreation programs in the City of Clearwater by paying an
additional nonresident fee. The current ordinance governing these fees was last
changed by the Council in 2008 to revise the formula used to determine the cost
of this assessment and to remove some options in lieu of nonresident fees.
Included in the code is a provision that more or less defines who qualifies as a city
resident. This has not been changed since the adoption of the original ordinance
and staff believes that there are some groups of people that need to be added to
this provision as well as provide an updated definition for family.
This amendment will add the following groups of persons to the list of qualified city
residents:
* Retirees of the City of Clearwater
* Active military and their family members
* Employees or clients of the Upper Pinellas Association for Retarded Citizens
(UPARC) for the use of the Long Center facility
* Corporate memberships for City wellness programs funded by businesses
within the incorporated boundaries of the City of Clearwater
In addition this amendment clarifies the definition of family to more closely reflect
what is being implemented in the recreation department. Family is defined as
Work Session 2009-09-28 3
follows; “Husband and wife or legal guardian and their children who live in the
same household, who are 18 years of age or under, or less than 23 years of age
and a full time college student.”
In response to a question, Parks & Recreation Director Kevin Dunbar said the senior
category has 2 different rates for lawn bowling and shuffleboard: resident and non-
resident.
4. Police
4.1 Accept a Department of Justice, Bureau of Justice Assistance (DOJ/BJA)
continuation grant in the amount of $50,000 for a one-year period to fund the
Clearwater Area Task Force on Human Trafficking and authorize the appropriate
officials to execute same. (consent)
The police department was invited by the U.S. Department of Justice to apply for
a Law Enforcement Task Forces and Services for Human Trafficking Victims
Grant from the U.S. Department of Justice. On August 5, 2009, the Resource
Management Committee approved the submission of the Police Department’s
grant application for same.
On August 31, 2009, the Clearwater Police Department (CPD) received
notification that it had been awarded DOJ/BJA funds in the amount of $50,000 for
the continued operation of its very successful Clearwater Area Task Force on
Human Trafficking (CATFHT). The grant is being considered a “continuation”
grant by BJA, making the start date of September 1, 2006 -- the same as the
original grant – and the end date September 30, 2010 (or beyond, if
necessary). Clearwater’s task force has been a successful one, resulting in 10 HT
victims receiving services; 42 arrests; and 19 convictions. Clearwater’s task force
has been designated by the Department of Justice as a national training site for
other task forces. The continuation grant will be used to continue paying the
salary of the grant-funded Human Trafficking detective position. Unfortunately,
$50,000 is not sufficient to cover the salary and benefits for a full year. The
continuation grant funding will cover $36,000 in salary and $10,800 in benefits for
an additional 8-9 months, rather than one year. The Police Department’s original
Human Trafficking Grant has been given an extension of time and a budget
modification has been approved by BJA to enable us to cover salary and benefits
for the HT investigator through the original grant up to approximately May
2010. At that time, we will begin using the continuation grant funds to cover the
cost of the position, potentially through January or February 2011. There is no
retention requirement for this position when grant funding expires.
The continuation grant also requires that $3,200 be budgeted for four persons to
travel to a conference in Arlington, VA in 2010.
Special Project 181-99267 has been established to account for the grant
expenditures. There is a 25% in-kind match required for this grant; CPD is
Work Session 2009-09-28 4
providing the in-kind match with the $16,667 in salary for the sergeant/supervisor
of the Intelligence Unit and the Human Trafficking Detective.
4.2 Approve a lease agreement between Pinellas Core Management Services, Inc.
and the City of Clearwater for the Hispanic Outreach Center on premises located
at 612 Franklin Street, Clearwater, Florida, for a period of three years
commencing on November 1, 2009, and terminating on October 31, 2012, at a
rental of $1.00 per year and authorize the appropriate officials to execute same.
(consent)
On November 1, 2001, the City Council approved a lease agreement between the
YWCA of Tampa Bay and the City of Clearwater for the premises located at 612
Franklin Street in Clearwater for a period of five years commencing on November
1, 2001 and terminating on October 31, 2006, at a rental of $1.00 per year. The
premises were to be utilized to create and operate a central “one-stop” facility that
houses many relevant services needed by Clearwater’s Hispanic community.
On November 1, 2006, the City Council approved a new three-year lease
agreement for said premises between the YWCA and the City of Clearwater,
commencing on November 1, 2006 and terminating on October 31, 2009.On
October 1, 2008, the City Council approved an Assignment and Assumption of
Lease Agreement that allowed Pinellas Core Management Services, Inc. (PCMS)
to assume all of the YWCA’s rights, title, interest and obligations for the above-
referenced lease.
The Hispanic Outreach Center (HOC) and the attendant community programs are
the result of a very successful partnership between PCMS and the Clearwater
Police Department. It is a partnership that has produced much public acclaim and
numerous awards.
PCMS and the Police Department wish to continue this partnership and renew the
lease for the premises housing the HOC for an additional 3 years in order that the
Hispanic community can continue to receive the much-needed services provided
there. A current listing of the primary services/programs currently offered at the
HOC includes: Office space for the Lessor’s Police Department Hispanic
Outreach Officer. This police officer serves as the Clearwater Police Department’s
primary liaison with the Hispanic community and is responsible for organizing and
implementing the Police Department’s Hispanic Outreach Program. Interpreter
and victim advocacy services provided by the Lessee. The program is currently
funded by Justice Assistance Grant funds. The Lessee will be responsible for
continued funding of this program for the three-year period of its agreement with
the Lessor.
Other advocacy or intervention services. These services will respond to the needs
of the Hispanic community and may include health matters, legal issues, and
other concerns identified by the Hispanic community, the YWCA, or the
Clearwater Police Department.
Work Session 2009-09-28 5
ESOL and Spanish language classes coordinated by the Lessee. The Lessee will
coordinate the provision of English For Speakers of Other Languages (ESOL)
classes at the Hispanic Outreach Center. The Lessee may also make available
Spanish language classes to provide Lessor’s employees the opportunity to learn
to speak Spanish.Multi-purpose training room. To be jointly used by the Lessee
and Lessor. Youth services. Lessee will administer various Youth Programs
targeted toward at-risk youth from Hispanic and other ethnic or language
groups. These programs will focus on risk reduction and the development of
individual and leadership skills needed in adulthood.
PCMS will be responsible for all maintenance of the inside of the premises and for
all utility costs. The City will be responsible for all maintenance of the exterior of
the premises, including the building and grounds. Either party may terminate the
agreement on thirty days written notice if any single item of maintenance or repair
exceeds $10,000.
5. Planning
5.1 Approve the Annexation, Initial Land Use Plan Designation of Residential Urban
(RU), Preservation (P), and Drainage Feature Overlay and Initial Zoning Atlas
Designation of Medium Density Residential (MDR) District and Preservation (P)
District for 1923 N Betty Lane (Lots 5, 10, 11, and 12, together with Lot 4 less the
North 150 feet of said Lot 4, Langes Replat of Browns Subdivision in Section 3,
Township 29 South, Range 15 East); and pass Ordinances 8093-09, 8094-09 and
8095-09 on first reading. (ANX2009-07011)
This voluntary annexation petition involves a 1.369-acre property consisting of
one vacant parcel of land. It is located on the west side of Betty Lane,
approximately 178 feet north of Sunset Point Road. The applicant is requesting
this annexation in order to receive water, sanitary sewer and solid waste service
from the City.
The Planning Department is requesting that the 0.09-acres of abutting State
Street right-of-way not currently within the City limits also be annexed.
The property is contiguous to existing City boundaries to the north and east. It is
proposed that the property be assigned a Future Land Use Plan designation of
Residential Urban (RU), Preservation (P), and Drainage Feature Overlay, and a
zoning category of Medium Density Residential (MDR) and Preservation (P).
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 does not receive water service. The closest water lines
are located in both the adjacent State Street and Betty Lane rights-of-way. The
closest sanitary sewer line is located in the adjacent State Street right-of-way. The
applicant is aware of the additional costs to extend both City water and sewer
Work Session 2009-09-28 6
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 51
located at 1720 Overbrook Avenue. The City has adequate capacity to serve this
property with water, 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.
The proposed RU and P Future Land Use Plan categories are consistent with the
current Countywide Plan designation of this property. This RU designation
primarily permits residential uses at a density of 7.5 units per acre. The Planning
Department and the Pinellas Planning Council are processing a map adjustment
to update the Drainage Feature Overlay, making it congruent with the P
designation, pursuant to a jurisdictional wetlands survey. The proposed zoning
districts to be assigned to the property are the Medium Density Residential (MDR)
and Preservation (P) Districts. 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 east; therefore the annexation is consistent with Florida Statutes
Chapter 171.044.
In response to questions, Planning Director Michael Delk said a creek runs along the
south side of the property and there are no signs of erosion. If the property is annexed,
the city would maintain the easement.
Staff was directed to provide information on the property taxes.
Work Session 2009-09-28 7
6. Official Records and Legislative Services
6.1 Approve the 2010 Council Meeting schedule.
Generally, the 2010 City Council meetings are at 6:00 p.m. on the first and third
Thursdays of each month. The accompanying work sessions are at 9:00 a.m. on
the preceding Monday, unless the Monday is a holiday, in which case the work
session is on Tuesday.
Exceptions are:
1) no meetings held for the first Thursday in January per Council Rules.
2) no meetings held for the first Thursday in July per Council Rules.
3) the work sessions on June 14, September 13 and December 13 will begin at
1:00 p.m.
due to TBRPC meetings in the morning.
4) the work sessions for the April 15 and July 15 Council meetings will be held
on Tuesday,
April 13 and July 13 due to TBRPC and PMI meetings on Monday of those weeks.
5) the April 1 Council meeting has been moved to Wednesday, March 31 to
allow Councilmember Cretekos to attend service related to Orthodox Easter. (An
alternative would be to move the meetings for April to the second and fourth
Thursdays, as April is a 5 Thursday month.)
6) the August 19 Council meeting has been moved to Wednesday, August 18 to
allow attendance at the Florida League of Cities Annual Conference August 18
through 20.
7) the November 18 Council meeting has been moved to Tuesday, November 16
and the accompanying work session cancelled to allow attendance at the
FLC’s Legislative Conference.
There is no need to make adjustments for Jazz Holiday in 2010 as the third
weekend in October occurs prior to the third Thursday.
Staff was directed to confirm proposed council meeting dates do not conflict with
religious holidays.
6.2 Appoint three members to the Municipal Code Enforcement Board with the terms
to expire October 31, 2012.
It was requested that an applicant with architecture or contractor background be
considered.
7. Legal
7.1 Adopt Ordinance No. 8044-09 on second reading, amending the Community
Development Code relating to resort attached dwellings and overnight
Work Session 2009-09-28 8
accommodations.
7.2 Adopt Ordinance No. 8090-09 on second reading, annexing certain real property
whose post office address is 1520 South Highland Avenue into the corporate
limits of the city and redefining the boundary lines of the city to include said
addition.
7.3 Adopt Ordinance No. 8091-09 on second reading, amending the future land use
plan element of the Comprehensive Plan of the city to designate the land use for
certain real property whose post office address is 1520 South Highland Avenue,
upon annexation into the City of Clearwater, as Residential Low (RL).
7.4 Adopt Ordinance No. 8092-09 on second reading, amending the Zoning Atlas of
the city by zoning certain real property whose post office address is 1520 South
Highland Avenue, upon annexation into the City of Clearwater, as Low Medium
Density Residential (LMDR).
7.5 Continue to October 22, 2009 second Reading of Ordinances 8093, 8094, 8095 -
ANX2009-07011 1923 N Betty Lane
8. City Manager Verbal Reports
8.1 City Manager Verbal Reports
It was stated that the Fraternal Order of Police Supervisors ratified the contract and item
will be on Thursday’s agenda.
9. Council Discussion Items
9.1 Hotel Density
Concern was expressed regarding setbacks and step backs. It was suggested that
sidewalks be 7 feet wide.
Planning Director Michael Delk said sidewalks are a function of the amount of public
property. Staff is seeing diversity in the development pattern. There are three
applicants requesting to take advantage of the density pool and each proposal is
different. If overnight accommodations are a priority, what the city has in place is
working.
In response to a question, Mr. Delk said transportation concurrency determined the
number of rooms in the density pool. Close to 40% of the rooms are in line to be used.
Work Session 2009-09-28 9
Assistant Planning Director Gina Clayton said if the density units are not used, all other
properties will be limited to 50 units per acre, making condos more desirable.
Discussion ensued regarding more hotels on Clearwater Beach.
Staff was directed to provide recording of Coronado and parking discussions.
9.2 Problematic Uses - Councilmember Gibson
Planning Director Michael Delk said the city has a defined problematic uses list.
Problematic uses are not permitted in the Tourist district.
It was suggested that soup kitchens be added to the list for the tourist district.
It was stated that problematic uses is only allowed in the C district.
It was requested that staff provide legal opinion regarding what can be prohibited and
definition of a soup kitchen.
It was stated that request would take more than 8 hours of staff time.
There was no support for staff to conduct research.
In response to a question regarding where soup kitchens would be permitted, Mr. Delk
said social service or public service is not allowed in the T district but is in the D district.
9.3 Reclaimed Water Strategy and Implementation
Concern was expressed that some residents in the Countryside area were not informed.
Public Utilities Director Tracy Mercer reviewed history of water master plan and
notification efforts to residents. Ms. Mercer said neighborhood associations are
contacted every 6 months.
In response to questions, Senior Water Conservation Analyst Anthony Andrade said the
City of Largo chose not to go to a per thousand gallon rate. Largo has strict residential
metering to meet 50% efficiency. Infrastructure costs can be recouped from all
categories of customers.
Work Session 2009-09-28 10
9.4 Side Setbacks for Docks
Staff requested guidance regarding separating condo/residential docks from commercial
docks.
Councilmember George N. Cretekos suggested that commercial docks go to a 15%
setback.
It was stated that the change would create a new category that does not exist in the
county. Variances would be available.
Councilmember George N. Cretekos will meet with staff and bring back a
recommendation.
9.5 Timeframe for Comprehensive Review of the Sign Ordinance
Planning Director Michael Delk said staff just finished 8 to 9 code changes and now
focusing on long range issues.
It was requested that Council state if there is anything with a sense of urgency the
department should address.
Discussion ensued. It was suggested that staff review murals and icon signs.
10. Other Council Action
10.1 Other Council Action - None.
11. Adjourn
The meeting was adjourned at 11:54 a.m.
Work Session 2009-09-28 11