03/18/2010
CITY COUNCIL MEETING MINUTES
CITY OF CLEARWATER
March 18, 2010
Present: Mayor Frank Hibbard, Vice Mayor Paul Gibson, Councilmember George N.
Cretekos, Councilmember John Doran, and Councilmember Bill Jonson.
Also William B. Horne II - City Manager, Jill S. Silverboard - Assistant City
present: Manager, Rod Irwin - Assistant City Manager, Pamela K. Akin - City Attorney,
and Cynthia E. Goudeau - City Clerk.
To provide continuity for research, items are in agenda order although not
necessarily discussed in that order.
1. Call to Order - Mayor Frank Hibbard
The meeting was called to order at 6:00 p.m. at City Hall.
2. Invocation - Pastor Bob Brubaker of Christ Community Presbyterian
Church.
3. Pledge of Allegiance - Mayor Frank Hibbard
4. Presentations - Given
4.1 Farewell to Councilmember Petersen
Councilmember Carlen Petersen was thanked for her service and offered well wishes.
4.2 Oaths of Office administered to Councilmembers
City Clerk Cyndie Goudeau administered the Oaths of Office to Councilmembers Bill
Jonson and Paul Gibson.
The Council recessed from 6:30 p.m. to 6:40 p.m.
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4.3 Service Awards
Three service awards were presented to city employees.
4.4 National Nutrition Month Proclamation - March 2010
4.5 Parkinson’s Disease Awareness Month Proclamation - March 2010
5. Approval of Minutes
5.1 Approve the minutes of the March 4, 2010 City Council Meeting as submitted in
written summation by the City Clerk.
Councilmember John Doran moved to approve the minutes of the March 4, 2010 City
Council Meeting as submitted in written summation by the City Clerk. The motion was
duly seconded and carried unanimously.
6. Citizens to be Heard re Items Not on the Agenda
Rev. Floyd Irwin asked all to pray for the judicial system as many innocent people are
wrongly imprisoned.
Newell Phipps expressed concern with low voter turnout for last week's General
Election.
Eva Knowska expressed concerns with information contained in 2008 documents
regarding the Mini Mart on the beach.
Margaret Rodriguez requested assistance regarding outdoor noise during late hours at
O'Keefe's Restaurant.
Mary Morrow suggested the city consider sponsorship opportunities to assist with the
budget deficit.
Public Hearings - Not before 6:00 PM
7. Administrative Public Hearings
7.1 No Item
7.2 Approve Clearwater Comprehensive Plan Text Amendments to the five adopted
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maps in the Public School Facilities Element in response to changes in public
school facilities enacted by the Pinellas County School District, and Pass
Ordinance 8134-10 on first reading.(CPA2009-12001)
The Planning Department is recommending amendments to the Clearwater
Comprehensive Plan to replace the five adopted maps in the Public School
Facilities Element with revised maps which reflect final information regarding
school closures, mergers, program changes, and the expansion of existing and
the addition of new charter schools as per the Pinellas County School Board’s
Five-Year Facilities Work Program (a 39-page document) approved on September
15, 2009 and amended on November 10, 2010. The School Board’s Level of
Service (LOS) Report that included changes to assign charter schools to
individual school concurrency service areas was approved on January 12, 2010.
The following adopted maps in the Clearwater Comprehensive Plan are being
replaced: Map : J-1 Public School Facilities
Map : J-2 Public Elementary Schools
Map : J-3 Public Middle Schools
Map : J-4 Public High Schools
Map : J-5 Ancillary Facilities and Land Banked Sites
Ordinance 8134-10 and the staff report contain further analysis and information on
the proposed amendment. The Community Development Board (CDB) reviewed
the proposed amendment at its regularly scheduled meeting on February 16,
2010 and recommended approval.
In response to a question, Planning and Development Director Michael Delk said
updating maps would require a voter approval if Amendment 4 passes. It was stated
the city may be able to group amendments; making the ballot more complex.
Vice Mayor Paul Gibson moved to approve Clearwater Comprehensive Plan Text
Amendments to the five adopted maps in the Public School Facilities Element in
response to changes in public school facilities enacted by the Pinellas County School
District. The motion was duly seconded and carried unanimously.
Ordinance 8134-10 was presented and read by title only. Councilmember Bill Jonson
moved to pass Ordinance 8134-10 on first reading. The motion was duly seconded and
upon roll call the vote was:
"Ayes": Mayor Frank Hibbard, Vice Mayor Paul Gibson, Councilmember George N.
Cretekos, Councilmember John Doran, and Councilmember Bill Jonson.
"Nays": None.
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7.3 Approve the Annexation, Initial Land Use Plan Designation of Residential Low
(RL) and Initial Zoning Atlas Designation of Low Density Residential (LDR) District
for 1836 Beverly Circle North (Lot 11, Block C, Meadow Creek in Section 24,
Township 29 South, Range 15 East); and Pass Ordinances 8154-10, 8155-10 and
8156-10 on first reading.
(ANX2009-12016)
This voluntary annexation petition involves a 0.25-acre property consisting of one
parcel of land occupied by a single-family dwelling. It is located on the north side
of Beverly Circle North, approximately 85 feet west of Brookside Drive and 555
feet east of Keene Road. The applicant is requesting this annexation in order to
receive sanitary sewer and solid waste service from the City. The property is
located within an enclave and 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
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.
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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 it
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 south, east and west; therefore the annexation is consistent with Florida
Statutes Chapter 171.044.
Councilmember John Doran 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 1836 Beverly Circle North (Lot 11, Block C, Meadow
Creek in Section 24, Township 29 South, Range 15 East). The motion was duly
seconded and carried unanimously.
Ordinance 8154-10 was presented and read by title only. Councilmember George
Cretekos moved to pass Ordinance 8154-10 on first reading. The motion was duly
seconded and upon roll call the vote was:
"Ayes": Mayor Frank Hibbard, Vice Mayor Paul Gibson, Councilmember George N.
Cretekos, Councilmember John Doran, and Councilmember Bill Jonson.
"Nays": None.
Ordinance 8155-10 was presented and read by title only. Vice Mayor Paul Gibson
moved to pass Ordinance 8155-10 on first reading. The motion was duly seconded and
upon roll call the vote was:
"Ayes": Mayor Frank Hibbard, Vice Mayor Paul Gibson, Councilmember George N.
Cretekos, Councilmember John Doran, and Councilmember Bill Jonson.
"Nays": None.
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Ordinance 8156-10 was presented and read by title only. Councilmember Bill Jonson
moved to pass Ordinance 8156-10 on first reading. The motion was duly seconded and
upon roll call the vote was:
"Ayes": Mayor Frank Hibbard, Vice Mayor Paul Gibson, Councilmember George N.
Cretekos, Councilmember John Doran, and Councilmember Bill Jonson.
"Nays": None.
Agenda Items 7.4 and 8.1 were presented together.
7.4 Approve a Development Agreement between Nickel Plate Properties, Inc. and
Lakeside Enterprises, L.L.C. (the property owners) and the City of Clearwater for
property located at 2165 Gulf to Bay Boulevard (consisting of metes and bounds
41/03, 41/02 and 41/01, lying in a portion of the northeast of the southeast of
Section 13, Township 29 South, Range 15 East) as per Community Development
Code Section 4-606 and adopt Resolution 10-03.
The 30.07 acres is located on the west side of S. Belcher Road between Gulf-to-
Bay Boulevard and Druid Road.
The subject property was previously developed with mobile home parks (all 295
mobile homes and common facilities have been removed or demolished).
The subject property is proposed to be redeveloped with two parcels. The
northern parcel (Parcel 1) comprises 11.637 acres, while the southern parcel
(Parcel 2) comprises 18.435 acres.
There is a companion application to amend the land use plan category for the
northern portion of the subject property (Parcel 1) from Residential Low Medium
(RLM) category to Residential/Office/Retail (R/O/R) category, and rezoning this
area from Mobile Home Park (MHP) District to Commercial (C) District; and
amending the land use plan category the southern portion of the subject property
(Parcel 2) from Residential Low Medium (RLM) category to Residential Medium
(RM) category, and rezoning this area from Mobile Home Park (MHP) District to
Medium Density Residential (MDR) District (LUZ2009-12003).
The proposed Residential/Office/Retail (R/O/R) land use plan category for the
northern portion of the subject property permits a maximum floor area ratio (FAR)
of 0.40. The proposed Residential Medium (RM) land use plan category for the
southern portion of the subject property permits a maximum density of 15 dwelling
units per acre. The purpose of this Development Agreement is to restrict the
development potential on both the northern and southern parcels to less than the
maximums allowable.
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Parcel 1 (northern portion), based on the proposed lot area (11.637 acres) and
the maximum FAR, could be developed with a maximum of 202,756 square feet
of nonresidential floor area. The Development Agreement proposes a maximum
of 90,000 square feet of retail sales and restaurant development floor area at a
FAR of 0.178. It is noted that the Development Agreement permits a larger
amount of nonresidential floor area (90,000 square feet) than that actually
proposed under the companion Flexible Development application (FLD2009-
12046; 82,999 square feet), which gives some flexibility for future amendments to
the Flexible Development application without needing to amend the Development
Agreement.
Parcel 2 (southern portion), based on the proposed lot area (18.435 acres) and
the maximum density, could be developed with a maximum of 276 dwelling
units. The Development Agreement proposes a maximum of 243 dwelling units at
a density of 13.181 dwelling units per acre.
On February 16, 2010, the Community Development Board (CDB) approved with
23 conditions of approval a Flexible Development application to permit 70,212
square feet of Retail Sales and Services uses and 12,787 square feet of
Restaurant uses (total commercial floor area of 82,999 square feet) in the
proposed Commercial (C) District for Parcel 1 (FLD2009-12046).
On February 16, 2010, the Community Development Board (CDB) approved with
24 conditions of approval a Flexible Development application to permit 243
Attached Dwellings in the proposed Medium Density Residential (MDR) District for
Parcel 2 (FLD2009-12045).
The proposal is in compliance with the standards for development agreements
and is consistent with the Comprehensive Plan. The proposed Development
Agreement will be in effect for a period not to exceed five (10) years and includes
the following main provisions:
Is not effective until final approval and effectiveness of the amendment of the land
use plan categories and rezonings under LUZ2009-12003;
Sets out the Developer’s transportation obligations, including:
Dedication of approximately 0.09 acre of right-of-way for an eastbound right turn
only lane on S.R. 60;
Construction of the Parcel 1 project driveway located on S.R. 60 across from
South Main Avenue with right turn in, right turn out, and left turn in only
movements;
Installation of a directional median separator on S.R. 60 between South Main
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Avenue and the Parcel 1 project driveway such as to prohibit left turns exiting
Parcel 1 and left turns exiting South Main Avenue;
Construction of left turn modifications to the median of S.R. 60 located between
South Main Avenue and Belcher Road;
Construction of a southbound right turn only lane on Belcher Road between S.R.
60 and the Parcel 1 project entrance;
Installation of a new mast arm traffic signal on Belcher Road at the Parcel 1
project entrance with pedestrian signals at all four legs of the intersection;
Granting of an easement, in favor of the City, for the purpose of installation and
maintenance of signal control equipment to be located at the southwest corner of
the intersection of Belcher Road and the project drive/Publix entrance; and
Construction of three Parcel 2 project driveways on Druid Road, with eastern most
being exit only.
Acknowledges that Parcel 1 and Parcel 2 are independent building sites subject to
access easements, allowing for separate ownership of Parcels 1 and 2;
Provides for the subdivision of Parcel 1 to allow for separate ownership of
individual commercial buildings without the need to amend the site plan under
FLD2009-12046; and
Provides for Parcel 1 to be considered as one parcel for purposes of signage,
which may be permitted through a Comprehensive Sign Program.
The Community Development Board reviewed and recommended approval of this
Development Agreement application at its public hearing on February 16, 2010
(DVA2009-00005).
In response to questions, Traffic Operations Manager Paul Bertels said it was good
engineering to spread traffic load. If the left-turn lane on Gulf to Bay Boulevard
becomes a problem, the Florida Department of Transportation (FDOT) can close it. Mr.
Bertels said FDOT staff is willing to make the right-turn lane from Gulf to Bay onto
Belcher Road.
Mayor Frank Hibbard said he contacted the CVS corporate office regarding providing an
easement for the mast arm.
Mr. Bertels said signal density standards have changed, making it difficult to remove
signals now. FDOT will not approve a signal at Main Street and Gulf to Bay Boulevard
because it will be too close to the Belcher Road and Gulf to Bay Boulevard signal. The
development will not make traffic better or worse on Druid Road. The Druid Road Trail
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includes turn lane improvements.
Applicant Representative Ed Armstrong presented Consultants Cyndi Tarapani and
Ward Chapman to address traffic concerns.
Ms. Tarapani said the applicant limited the development allowed on the property
through the Development Agreement. The commercial category extends further than
the request. Relocating the pond will realign the entrance. The residential site will be
2/3 of the site and all 3 driveways into the site will be gated. Public services are
available to the site. The project is committed to traffic improvements and is consistent
with the city's comprehensive plan.
Mr. Chapman reviewed the access parameters. Those who have access to Druid Road
will reside in the apartments. Commercial-retail access will be from the apartments on
Gulf to Bay Boulevard. The traffic study used a more intense development than the one
proposed.
Mr. Armstrong provided red-lined copy of changes to the Development Agreement to
Councilmembers. In regards to the letter received by staff from the attorney
representing the Publix site, Mr. Armstrong said there is no factual basis for the claim.
In response to questions, Mr. Chapman said the traffic projection model did not change
for school crossings. The bus stop on Belcher Road will remain where it is and the one
on Gulf to Bay Boulevard will move to the east.
The Council recessed from 7:55 p.m. to 8:01 p.m.
Three individuals spoke in opposition.
In response to a question, Engineering Director Mike Quillen said staff was unaware of
flooding issues on Druid Road.
Staff was directed to address any flooding issues.
In response to questions, Planning Director Michael Delk said the DVA limits the project
to fewer units and commercial space than allowed by code. The green open space is
established as a park and cannot be developed without amending the Development
Agreement.
Mr. Armstrong said there is no pending litigation between former tenants and owner, but
one between the owner and former attorney.
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Discussion ensued with concerns expressed regarding traffic. It was requested that the
applicant clean up the site.
Mr. Armstrong said trash on site was addressed today.
Councilmember John Doran moved to approve a Development Agreement between
Nickel Plate Properties, Inc. and Lakeside Enterprises, L.L.C. (the property owners) and
the City of Clearwater for property located at 2165 Gulf to Bay Boulevard (consisting of
metes and bounds 41/03, 41/02 and 41/01, lying in a portion of the northeast of the
southeast of Section 13, Township 29 South, Range 15 East) as per Community
Development Code Section 4-606. The motion was duly seconded and carried
unanimously.
Resolution 10-03 was presented and read by title only. Councilmember George N.
Cretekos moved to adopt Resolution 10-03. The motion was duly seconded and upon
roll call the vote was:
"Ayes": Mayor Frank Hibbard, Vice Mayor Paul Gibson, Councilmember George N.
Cretekos, Councilmember John Doran, and Councilmember Bill Jonson.
"Nays": None.
8. Quasi-judicial Public Hearings
8.1 Approve a Future Land Use Plan Amendment from the Residential Low Medium
(RLM) Classification to the Residential/Office/Retail ((R/O/R) and Residential
Medium (RM) Classifications and a Zoning Atlas Amendment from the Mobile
Home Park (MHP) District to the Commercial (C) and Medium Density
Residential (MDR) Districts for property located at 2165 Gulf to Bay Boulevard
(consisting of metes and bounds 41/03, 41/02 and 41/01, lying in a portion of the
northeast of the southeast of Section 13, Township 29 South, Range 15 East);
and Pass Ordinances 8143-10 and 8144-10 on first reading. (LUZ2009-12003)
This Future Land Use Plan amendment application involves property comprising
approximately 30.07 acres in area located at the southwest corner of Gulf to Bay
Boulevard and Belcher Road. This property, formerly known as the Lakeside
Mobile Home Park, has a Future Land Use Plan classification of Residential Low
Medium (RLM) and a zoning designation of Mobile Home Park (MHP). The
applicant is requesting to amend the Future Land Use Plan classification of the
northern 11.637 acres of the site (proposed Parcel 1) to the
Residential/Office/Retail (R/O/R) classification and to rezone it to the Commercial
(C) District and to amend the southern 18.435 acres (proposed Parcel 2) to the
Residential Medium (RM) classification and to rezone it to the Medium Density
Residential (MDR) District in order to redevelop the property with commercial
uses on Parcel 1 and attached dwellings on Parcel 1.
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The applicant has submitted a Development Agreement application in conjunction
with this proposed land use plan amendment and rezoning which will limit the
development potential of Parcel 1 to 90,000 square feet of commercial uses
where 202,263 square feet could be permitted and to 243 attached dwelling units
on Parcel 2 where 276 units could be permitted. The agreement also obligates the
developer to implement certain transportation improvements and would be in
effect for 10 years. The Planning Department determined that the proposed future
land use plan amendment and rezoning amendment, as recommended, are
consistent with the following standards specified in the Community Development
Code:
The proposed land use plan amendment is consistent with the Comprehensive
Plan and the Countywide Rules.
The proposed uses are compatible with the surrounding area.
Sufficient public facilities are available to serve the property.
The applications will not have an adverse impact on the natural environment.
Please refer to the land use plan amendment and rezoning (LUZ2009-12003) staff
report for the complete analysis. In accordance with the Countywide Plan Rules,
the land use plan amendment is subject to the approval of the Pinellas Planning
Council and the Board of County Commissioners acting as the Countywide
Planning Authority. The application is a large-scale amendment and review and
approval by the Florida Department of Community Affairs is required.
The Community Development Board reviewed this application at its public hearing
on February 15, 2010 and unanimously recommended approval of the Future
Land Use Plan amendment.
See Item 7.4 for discussion.
Vice Mayor Paul Gibson moved to approve a Future Land Use Plan Amendment from
the Residential Low Medium (RLM) Classification to the Residential/Office/Retail
((R/O/R) and Residential Medium (RM) Classifications and a Zoning Atlas Amendment
from the Mobile Home Park (MHP) District to the Commercial (C) and Medium Density
Residential (MDR) Districts for property located at 2165 Gulf to Bay Boulevard
(consisting of metes and bounds 41/03, 41/02 and 41/01, lying in a portion of the
northeast of the southeast of Section 13, Township 29 South, Range 15 East); and
Pass Ordinances 8143-10 and 8144-10 on first reading. (LUZ2009-12003) The motion
was duly seconded and carried unanimously.
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Ordinance 8143-10 was presented and read by title only. Councilmember Bill Jonson
moved to pass Ordinance 8143-10 on first reading. The motion was duly seconded and
upon roll call the vote was:
"Ayes": Mayor Frank Hibbard, Vice Mayor Paul Gibson, Councilmember George N.
Cretekos, Councilmember John Doran, and Councilmember Bill Jonson.
"Nays": None.
Ordinance 8144-10 was presented and read by title only. Councilmember John
Doran moved to pass Ordinance 8144-10 on first reading. The motion was duly
seconded and upon roll call the vote was:
"Ayes": Mayor Frank Hibbard, Vice Mayor Paul Gibson, Councilmember George N.
Cretekos, Councilmember John Doran, and Councilmember Bill Jonson.
"Nays": None.
8.2 Approve the Annexation, Land Use Plan Amendment from Residential Urban (RU)
(City and County) to Institutional (I), and Zoning Atlas Amendment from R-2 and
R-3 (County) and from Low Medium Density Residential (LMDR) (City) to
Institutional (I) for 28 parcels of land located generally southwest of Drew Street
and McMullen Booth Road; and pass Ordinances 8148-10, 8151-10, and 8152-10
on first reading.(ANX2009-12017 and LUZ2009-12004)
This subject site consists of 28 parcels of land totaling 5.21 acres in area located
generally southwest of Drew Street and McMullen Booth Road. This annexation,
land use plan amendment and rezoning is requested by the applicant and owner,
First Baptist Church of Clearwater, Inc. a/k/a Calvary Baptist Church, located on
the adjacent large parcel of land to the north. The applicant intends to develop the
5.21 acres for drainage purposes and outdoor recreation such as athletic fields for
church/school use. Fifteen (15) of the parcels are currently vacant and 13 are
developed with detached dwellings.
The voluntary annexation petition involves 0.86 acres consisting of four of the 28
parcels of land and 0.20 acres of abutting right-of-way. Three of the four parcels
being annexed are vacant and one is occupied by a detached dwelling. Each
parcel is contiguous on at least one side to existing City boundaries. All 28 parcels
have a Future Land Use Plan designation of Residential Urban (RU) with either
Pinellas County zoning designations of R-2 and R-3 Districts (single family
residential) or City zoning of Low Medium Density Residential (LMDR). A Future
Land Use Plan designation of Institutional (I) and zoning category of Institutional
(I) are being proposed on all 28 parcels (5.21 acres). The applicant is requesting
to amend the Future Land Use classification in order to consolidate the church’s
holdings into the appropriate land use category and zoning district.
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The Planning Department has determined that the proposed annexation is
consistent with the provisions of Community Development Code Section 4-604.E
as follows:
Three of the four parcels being annexed with addresses 3043 Cherry Lane, 3031
Virginia Avenue and 3009 Kentucky Avenue are currently vacant.
There is currently City water service to all four parcels being annexed except 3031
Virginia Avenue (vacant – no services).
None of these four parcels are currently on City sanitary sewer. Sanitary sewer is
available to 3043 Cherry Lane, 3031 Virginia Avenue and 225 Bayview Avenue. If
the proposed project necessitates infrastructure modifications to satisfy site-
specific utility capacity requirements, the applicant will be required to
complete them at their expense.
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 headquarters located at 2851 N. McMullen Booth Road.
Fire and emergency medical services will be provided to this property by Station
49 located at 565 Sky Harbor Drive.
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 policies of the Clearwater Comprehensive Plan:
Policy A.2.2.8 All land use categories on the Future Land Use Map shall be
consistent with the density and intensity standards and other standards contained
in the Pinellas Planning Council Countywide Plan Rules, including criteria and
standards for nomenclature, continuum of plan classifications and categories, use
and locational characteristics, map delineation, other standards, and special rules.
Policy A.6.2.2 Encourage land use conversions on economically underutilized
parcels and corridors, and promote redevelopment activities in these
areas. 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
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residential properties upon request. Each parcel is contiguous on at least one side
to existing City boundaries, represents a logical extension of the boundaries and
does not create an enclave; therefore the annexation is consistent with Florida
Statutes Chapter 171.044.
The Planning Department has determined that the proposed land use plan
amendment and rezoning applications are consistent with the following standards
specified in the Community Development Code:
The proposed land use plan amendment and rezoning applications are consistent
with the Comprehensive Plan.
The proposed use is compatible with the surrounding area.
Sufficient public facilities are available to serve the property.
The applications will not have an adverse impact on the natural environment.
Please refer to the land use plan and rezoning (LUZ2009-12004) report for the
complete staff analysis.
In accordance with the Countywide Plan Rules, the Future Land Use Plan
amendment is subject to approval by the Pinellas Planning Council and Board of
County Commissioners acting as the Countywide Planning Authority. Based on
the density of the category requested, review and approval by the Florida
Department of Community Affairs is also required.
The Community Development Board will review the Future Land Use Plan
amendment and rezoning applications at its public hearing on March 16, 2010 and
staff will verbally present the recommendation by the Board at the City Council
meeting on March 18, 2010.
Mayor Frank Hibbard said he is a member of the Church.
The City Attorney stated that the Mayor does not need to recuse himself.
Councilmember George N. Cretekos moved to approve the Annexation, Land Use Plan
Amendment from Residential Urban (RU) (City and County) to Institutional (I), and
Zoning Atlas Amendment from R-2 and R-3 (County) and from Low Medium Density
Residential (LMDR) (City) to Institutional (I) for 28 parcels of land located generally
southwest of Drew Street and McMullen Booth Road. The motion was duly seconded
and carried unanimously.
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Ordinance 8148-10 was presented and read by title only. Vice Mayor Paul Gibson
moved to pass Ordinance 8148-10 on first reading. The motion was duly seconded and
upon roll call the vote was:
"Ayes": Mayor Frank Hibbard, Vice Mayor Paul Gibson, Councilmember George N.
Cretekos, Councilmember John Doran, and Councilmember Bill Jonson.
"Nays": None.
Ordinance 8151-10 was presented and read by title only. Councilmember Bill Jonson
moved to pass Ordinance 8151-10 on first reading. The motion was duly seconded and
upon roll call the vote was:
"Ayes": Mayor Frank Hibbard, Vice Mayor Paul Gibson, Councilmember George N.
Cretekos, Councilmember John Doran, and Councilmember Bill Jonson.
"Nays": None.
Ordinance 8152-10 was presented and read by title only. Councilmember John
Doran moved to pass Ordinance 8152-10 on first reading. The motion was duly
seconded and upon roll call the vote was:
"Ayes": Mayor Frank Hibbard, Vice Mayor Paul Gibson, Councilmember George N.
Cretekos, Councilmember John Doran, and Councilmember Bill Jonson.
"Nays": None.
9. Consent Agenda
9.1 Authorize a 30-year, three percent, $545,000 loan, with a five-year deferment, to
Pine Berry Senior Limited Partnership, to acquire and develop real property
located at 1225 Highland Avenue, Clearwater, Florida, as affordable rental
housing for seniors, enter into a mortgage and authorize the appropriate officials
to execute same. (consent)
9.2 Appoint the Audit Committee: Laura Mahoney, Robin Gomez, and Clem Vericker
as city staff representatives, John Doran as Councilmember representative and
Herbert McLachlan as citizen representative, for five year terms in compliance
with Section 218.391, Florida Statutes.(consent)
9.3 Approve payment in an amount not to exceed $35,000, for resolution of City claim
10000004, and authorize the appropriate officials to execute same. (consent)
9.4 Award a contract(purchase order)to Wastequip Industrial for an amount not to
exceed $ 250,000 for the purchase of compactors, compactor parts, and roll-off
containers, for the period March 19, 2010 through December 31, 2011, being the
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lowest bid received in accordance with specifications and authorize the
appropriate officials to execute the same. (consent)
9.5 Award a contract (blanket purchase order) to Pinellas County Solid Waste in the
amount of $180,000 for the disposal of solid waste at the Pinellas County waste to
energy plant/landfill for the period April 1, 2010 through April 30, 2011 as provided
in the City’s Code of Ordinances, Section 2.564 (1)(d), Services provided by Other
Governmental Entities, and authorize the appropriate officials to execute the
same. (consent)
9.6 Accept a Water Main and Utilities Easement 10 feet in width over, under, across
and through a portion of the Southeast 1/4 of Section 29, Township 28 South,
Range 16 East, Pinellas County, Florida, conveyed by the School Board of
Pinellas County, Florida, given in consideration of receipt of $1.00 and the
benefits to be derived therefrom. (consent)
9.7 Award a contract for the Morningside Neighborhood Traffic Calming project (07-
0008-EN) to R.A.M. Excavating, Inc., of Palm Harbor, Florida, in the amount of
$1,399,790.70, which is the lowest responsible bid received in accordance with
plans and specifications, and authorize the appropriate officials to execute same.
(consent)
9.8 Grant and convey to Florida Power Corporation doing business as Progress
Energy Florida, Inc., a Florida corporation, a distribution easement over, across
and through the South 10 feet of Lot 4, SPENCER HEIGHTS, in consideration of
the mutual benefits, covenants and conditions contained therein, and authorize
appropriate officials to execute same. (consent)
9.9 Approve the Jones Edmunds and Associates, Inc. (Jones Edmunds)
supplemental work order in the amount of $25,550 for additional engineering
design services for Pump Station Replacement at Marshall Street Advanced
Pollution Control Facility (APCF) (09-0028-UT)and authorize the appropriate
officials to execute same. (consent)
9.10 Approve a work order with PBS and J Inc. of Tampa, an Engineer of Record, for
Stormwater and Solid Waste permitting services for the Sherwood Yard Facility in
the amount of $111,595.06 and authorize the appropriate officials to execute
same. (consent)
See below.
9.11 Approve a Traffic Enforcement Agreement between Spring Lake of Clearwater
Homeowner’s Association and the City of Clearwater and authorize the
appropriate officials to execute same. (consent)
Councilmember George N. Cretekos moved to approve the Consent Agenda as
submitted, less Item 9.10, and authorize the appropriate officials to execute same. The
motion was duly seconded and carried unanimously.
9.10 Approve a work order with PBS and J Inc. of Tampa, an Engineer of Record, for
Council 2010-03-18 16
Stormwater and Solid Waste permitting services for the Sherwood Yard Facility in
the amount of $111,595.06 and authorize the appropriate officials to execute
same. (consent)
Sherwood Yard is the City’s existing Public Services and Public Utilities
waste transfer facility that is bordered by the Clearwater Airpark on the west,
Arcturas Ave on the east and the Public Service/Public Utilities on the north.
The facility currently accepts waste from the Public Services and Public Utilities
operations to be stored before transfer to the proper disposal site along
with providing a self contained wash area for the vehicles used in these
operations.
The primary purpose of this project is to meet all of the state’s current standards
and regulations, resulting in a more efficient and environmental friendly facility.
Sufficient budget and revenue is available in Capital Improvement Program
project 0315-96158, Transfer Yard Upgrade to fund this Work Order.
In response to questions, Engineering Director Mike Quillen said the State upgraded
their rules for a solid waste transfer facility. The work order is for design and
permitting. The city has 3 different permit requests.
Public Services Director Gary Johnson said this is additional work to answer the
Department of Environmental Protection's request for additional information, estimated
at $1.2 million.
Staff was directed to provide an Executive Summary for the Mayor to discuss with
legislators.
Councilmember George N. Cretekos moved to approve Item 9.10 and authorize the
appropriate officials to execute same. The motion was duly seconded and carried
unanimously.
City Manager Reports
10. Other Items on City Manager Reports
10.1 Approve the Local Mitigation Strategy developed for Pinellas County, recommend
adoption by the Pinellas County Board of County Commissioners and adopt
Resolution 10-07.
The purpose of the Local Mitigation Strategy is to establish an ongoing process
that will make hazard mitigation part of the daily functioning of the entire
community. The Local Mitigation Strategy serves as a bridge between local
governments’ growth management plans, the county comprehensive emergency
plan, land development regulations, and relevant ordinances and codes such as
Council 2010-03-18 17
those for floodplain management.
Most of the burden of recovering from a disaster falls squarely on the shoulders of
local government. A major disaster can bring extraordinary hardship to citizens,
devastate the economic base and diminish its quality of life for years to come. If
hardships seen in other parts of the country can be avoided by making smarter
decisions before the disaster, the best interest of our citizens, businesses and
communities will be served.
The purpose of the local mitigation strategy is to develop a "blueprint" or guide
intended to provide a unified and consistent course of action needed to eliminate
or reduce the impact of disasters that threaten Pinellas county and its
municipalities. Included in this strategy is a list of projects that would improve our
chance of survival.
City of Clearwater project include:
Hardened mainland fire stations
Purchase 2000Kw trailer mounted backup generator for water pollution control
plants
Construct an emergency operations center at Fire 48 training complex
Provide shutters and door coverings for Public Works Complex buildings
Purchase mobile antenna for citywide telemetry system
Provide seven backup generators for Northeast Plant
Hardened windows and doors, increase roof attachments, install generator at
Countryside Recreation Center
Approving the plan and adopting the Resolution does not commit the City to fund
the projects.
Vice Mayor Paul Gibson moved to approve the Local Mitigation Strategy developed for
Pinellas County, recommend adoption by the Pinellas County Board of County
Commissioners. The motion was duly seconded and carried unanimously.
Resolution 10-07 was presented and read by title only. Councilmember Bill Jonson
moved to adopt Resolution 10-07. The motion was duly seconded and upon roll call the
vote was:
"Ayes": Mayor Frank Hibbard, Vice Mayor Paul Gibson, Councilmember George N.
Cretekos, Councilmember John Doran, and Councilmember Bill Jonson.
"Nays": None.
10.2 Dedicate as public right-of-way, a City-owned parcel of land lying and being
situate in a portion of LLOYD-WHITE-SKINNER SUBDIVISION, containing 12,600
Council 2010-03-18 18
square feet, more or less, to be known as Second Street, adopt Resolution 10-08
and authorize appropriate officials to execute same.
On March 3, 2005 the City entered into a development agreement with K and P
Clearwater Estate, LLP for the Kiran Grand Resort and Spa.
A Contract for Exchange of Real Property, attached to the Development
Agreement, required the developer to convey land in Lloyd-White-Skinner
Subdivision to the City. In exchange the City vacated certain rights-of-way,
including First Street between S. Gulfview Boulevard and Coronado Drive.
The Contract was subsequently amended and restated on March 22, 2006,
including adding a requirement the developer allocate a minimum of $241,500 for
constructing the Relocated First Street upon the lands it would convey.
On March 30, 2006 the developer did convey title in and to the required lands by
Warranty Deed as recorded in O. R. Book 15085, Page 2109, public records of
Pinellas County, Florida.
Prior to opening of the Hyatt Regency Resort the relocated 3-lane travelway was
constructed and operational. Other than the City funding installation of public
utilities, the roadway was built with private funding pursuant to the Contract.
Adoption of Resolution 10-08 will formally establish public right-of-way relocated
First Street, now to be known as Second Street, between South Gulfview
Boulevard and Coronado Drive.
Councilmember John Doran moved to dedicate as public right-of-way, a City-owned
parcel of land lying and being situate in a portion of LLOYD-WHITE-SKINNER
SUBDIVISION, containing 12,600 square feet, more or less, to be known as Second
Street. The motion was duly seconded and carried unanimously.
Resolution 10-08 was presented and read by title only. Councilmember George N.
Cretekos moved to adopt Resolution 10-08. The motion was duly seconded and upon
roll call the vote was:
"Ayes": Mayor Frank Hibbard, Vice Mayor Paul Gibson, Councilmember George N.
Cretekos, Councilmember John Doran, and Councilmember Bill Jonson.
"Nays": None.
10.3 Approve the purchase of property and equipment breakdown insurance from April
1, 2010 through April 1, 2011, at the level of insurance provided for in this agenda
item, including a $60 million limit and $30 million Flood limit, at amount not to
exceed $2,300,000 and authorize the appropriate officials to execute same.
(consent)
Council 2010-03-18 19
The Risk Management Division of the Finance Department has requested Arthur
J. Gallagher and Co. - (Florida) to obtain quotes for the property insurance
program expiring April 1, 2010.
Risk Management is recommending a $60M limit and a $30M Flood limit at an
annual premium of approximately $2,261,815.
Additionally, it is recommending the City renew its Equipment Breakdown policy
with Travelers at a premium of $11,489.
This insurance coverage as recommended has several enhancements to last
year’s program. The Property limit has been increased to $60M from $50M. The
Flood sub-limit has been increased to $30M from $20M. The self-insured retention
(except for named storms) has decreased from $300K per occurrence to $100K
per occurrence. The named storm self-insured retention remains at 5 percent with
a minimum self-insured retention of $500K.The primary layer of insurance has
remained with the same carriers.
Some of the carriers in subsequent layers have changed. Several other options of
coverage were offered, including:
A limit of $50M/$20M Flood sublimit $2,123,701 (expiring limits)
A limit of $50M/$30M Flood sublimit $2,159,261
A limit of $60M/$20M Flood sublimit $2,226,259
Risk Management believes that should the coverage as recommended be placed,
the City’s property risks are covered at levels and rates which, when taken
together as a whole, represent a reasonable insurance program for the City.
In response to questions, Risk Manager Sharon Walton said estimated savings at
$323,000 if the 60-30 level is purchased. Staff recommends Council set the maximum
dollar figure and staff will work to that amount. Ms. Walton said the Downtown Boat
Slips are covered by the insurance.
Arthur J. Gallagher Representative Greg Butterfield said Council needs to determine
how much insurance the city is willing to buy. Last year the city spent $2 million for $30
million in coverage. Mr. Butterfield estimated a $1.93 million premium for $40 million in
coverage.
In response to a question, Ms. Walton said there is 5% left over from last year because
the city had a good EMS renewal.
Vice Mayor Paul Gibson moved to approve the purchase of property and equipment
breakdown insurance from April 1, 2010 through April 1, 2011, at the level of insurance
purchased this year less 12% and authorize the appropriate officials to execute same.
Council 2010-03-18 20
The motion was duly seconded and carried unanimously.
10.4 Direct staff to proceed with steps necessary to redeem in full City of Clearwater,
Florida, Improvement Revenue Refunding Bonds, Series 2001 on February 1,
2011 and to transfer $7,570,000 of unrestricted reserves ($4,600,000 from the
Special Development Fund and $2,970,000 from the Central Insurance Fund) to
the General Fund for transfer to the debt service fund to be used to redeem all
outstanding principal of these bonds on February 1, 2011. (consent)
The $11,740,000 City of Clearwater, Florida, Improvement Revenue Refunding
Bonds, Series 2001, were issued on November 1, 2001 to provide funds to
defease the City’s outstanding Florida Public Service Tax and Bridge Revenue
Bonds, Series 1985 and Improvement Revenue Bonds, Series 1995 (Police
Building). The remaining balance on 2001 bonds is solely related to the Police
building.
The scheduled final maturity date of the 2001 bonds is February 1, 2026 and, if
not called via an early redemption, will require an average annual General Fund
budget for debt service (principal and interest) in excess of $775,000 each fiscal
year through fiscal 2025, a commitment totaling nearly $11.9 million.
The interest rates of the bonds maturing in 2012 through 2026 range from 4.1% to
5.25%. Calling these bonds early will save the General Fund $3.7 million in
interest expense over the fifteen year period.
The total cash required on February 1, 2011 will be approximately $8,831,000
($8,540,000 principal, $209,000 interest, and $82,000 call premium) and includes
the scheduled principal and interest payment on that date of $579,054. Cash that
will be available in the debt service fund is estimated to be approximately
$1,261,000. The remaining balance of cash needed in the amount of $7.57 million
is available in the Special Development Fund unrestricted reserves ($4,600,000)
and the Central Insurance Fund unrestricted reserves ($2,970,000). Any funds
remaining after redeeming the bonds will be returned to the General Fund. There
are sufficient Special Development Fund unrestricted reserves and Central
Insurance fund unrestricted reserves available and they are an appropriate
funding source for the debt redemption and are not restricted in anyway.
The cash projection for this presentation is based on the assumption that if
Council approves this recommendation the $775,000 +/- debt service requirement
will be eliminated effective with the Fiscal 2011 General Fund budget.
Councilmember Bill Jonson moved to direct staff to proceed with steps necessary to
redeem in full City of Clearwater, Florida, Improvement Revenue Refunding Bonds,
Series 2001 on February 1, 2011 and to transfer $7,570,000 of unrestricted reserves
($4,600,000 from the Special Development Fund and $2,970,000 from the Central
Insurance Fund) to the General Fund for transfer to the debt service fund to be used to
Council 2010-03-18 21
redeem all outstanding principal of these bonds on February 1, 2011. The motion was
duly seconded and carried unanimously.
10.5 Amend the City’s fiscal year 2009/10 Operating and Capital Improvement Budgets
at First Quarter and pass Ordinances 8166-10 and 8167-10 on first reading.
The fiscal year 2009/10 Operating and Capital Improvement Budgets were
adopted in September 2009 by Ordinances 8100-09 and 8101-09. Section 2.521
of the City’s Code of Ordinances requires the City Manager to prepare a quarterly
report detailing income, expenditure estimates, collections, the explanation
significant variances, as well as the financial status of all capital improvement
projects. The transmittal memorandum and the accompanying report provide this
information and outlines the issues at first quarter that require amendment.
Councilmember John Doran moved to amend the City’s fiscal year 2009/10 Operating
and Capital Improvement Budgets at First Quarter. The motion was duly seconded and
carried unanimously.
Ordinance 8166-10 was presented and read by title only. Councilmember George N.
Cretekos moved to pass Ordinance 8166-10 on first reading. The motion was duly
seconded and upon roll call the vote was:
"Ayes": Mayor Frank Hibbard, Vice Mayor Paul Gibson, Councilmember George N.
Cretekos, Councilmember John Doran, and Councilmember Bill Jonson.
"Nays": None.
Ordinance 8167-10 was presented and read by title only. Vice Mayor Paul
Gibson moved to pass Ordinance 8167-10 on first reading. The motion was duly
seconded and upon roll call the vote was:
"Ayes": Mayor Frank Hibbard, Vice Mayor Paul Gibson, Councilmember George N.
Cretekos, Councilmember John Doran, and Councilmember Bill Jonson.
"Nays": None.
Miscellaneous Reports and Items
11. City Manager Verbal Reports
11.1 O’Keefe’s Restaurant
It was stated that the city has required O'Keefe's to abide by the Special Events
process.
Council 2010-03-18 22
Staff was directed to meet with O'Keefe's and assure compliance with noise ordinance
and Special Events process.
12. Council Discussion Items
12.1 Resolution to Amend Council Rules
It was questioned why the rule change is needed.
It was stated that Councilmembers may agenda items via the City Manager or make a
motion at Work Session.
Mayor Hibbard requested that items for closing comments be provided prior to the
meeting.
Councilmember George N. Cretekos moved to amend Council Rules to have
Council Discussion Items at Work Session only; Other Council Action if
agendaed from Work Session, and Closing Comments by Mayor. The motion
was duly seconded and upon the vote being taken:
Mayor Frank Hibbard, Vice Mayor Paul Gibson, Councilmember
"Ayes": George N. Cretekos, and Councilmember John Doran.
"Nays":Councilmember Bill Jonson.
Motion carried.
Vice Mayor Paul Gibson moved to amend the change to Rule 7(B) to require
a majority vote rather than a 4/5 vote. The motion was duly seconded and the
motion carried unanimously.
Resolution 10-11 was presented, as amended, and read by title only.
Councilmember John Doran moved to adopt Resolution 10-11, as amended. The
motion was duly seconded and upon roll call the vote was:
"Ayes": Mayor Frank Hibbard, Vice Mayor Paul Gibson, Councilmember George N.
Cretekos, and Councilmember John Doran.
"Nays": Councilmember Bill Jonson.
Council 2010-03-18 23
Motion carried.
13. Other Council Action
13.1 Other Council Action
Mayor Frank Hibbard congratulated Vice Mayor Paul Gibson and Councilmember Bill
Jonson for their election and reviewed upcoming events.
Adiourn
The meeting was adjourned at 9:30 p.m.
Attest
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Council 2010-3-18
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City of Clearwater
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