08/16/2010
CITY COUNCILWORKSESSION MINUTES
CITY OF CLEARWATER
August 16, 2010
Present: Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N.
Cretekos, Councilmember Paul Gibson, 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,
Cynthia E. Goudeau - City Clerk, and Rosemarie Call - Management Analyst.
The meeting was called to order at 9:00 a.m. at City Hall.
1. Presentations
1.1 Service Awards
Six service awards were presented to city employees.
The Bi-monthly Team Award for July/August 2010 was presented to the Public Services
Forestry Division Team: from Public Services: Gary Johnson, Roy Thomen, Tim
Hulburt, Bill Dillashaw, Georgia Calder, Darrell Goodin, Ed Davis, Pat Pother, Von
Watson, Ed Steirs, Julia Tynefield, Patricia Pride, Andre Lambert, Randy Coffin,
Terrance Priester, Andy Stephens, Chancee Anderson, Andrew Pollock, Dennis Britt,
Deb Lutz, Kendrix Anderson; from Public Communications: Eric Wilson and Heather
Parsons; from Marina and Aviation: Randy Cline and Gordy Wills; and from City
Council: Councilmember George N. Cretekos.
1.2 Supervisory/Leadership Development Program Graduation Presentation
Certificates were presented to: James Hawkins, Michelle Kutch, Heather Parsons,
Kevin Richindollar, Steven Soarells, Peggy Franco, Rose-Ann Lacey, Davis Clark,
Steve Barringer, and Kevin Cobb.
The Council recessed from 9:11 a.m. to 9:38 a.m. to meet as the Community
Redevelopment Agency and the Pension Trustees.
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2. Economic Development and Housing
2.1 Review and provide input regarding staff recommendation to delete the Equity
Sharing Policy. (WSO)
A key feature of affordable housing programs is its focus on promoting
homeownership as a neighborhood stabilizer. To this end, the City established its
Down Payment and Closing Cost Assistance Program in 1999 to increase the
ranks of homeowners among households who earn less than 120% of area
median income. The program has been successful, with the City providing
assistance to approximately 115 households since its inception.
While neighborhoods benefited from an increase in long-term ownership, the
program presented an opportunity for low to moderate-income homeowners to
generate windfalls through the equity that was produced in a rapidly appreciating
housing market. To eliminate the prospect of windfalls for program participants,
the City created an Equity Sharing Policy that was reviewed by the City Council
on October 17, 2005. The current equity sharing provision allows for the City to
obtain up to 75% of the equity realized if the program participants sell their home.
The provision is in place for seven years with the City’s amount gradually
decreasing over that same period.
While the policy itself was well-intended, it is not having the desired effect. Staff
recommends that the policy be removed based upon the following factors:
The City’s equity sharing provision is more stringent than other localities. The
City’s provision allows for a 75% return on the appreciation, while Pasco and
Hillsborough Counties only realize a 50% return. Pinellas County, the City of St.
Petersburg and Largo do not have an equity sharing provision in their affordable
housing programs.
The 75% return is considered very aggressive considering that the City may have
contributed less than 10% of the costs necessary for a homebuyer to purchase
the home. Several lenders, Bank of America and GMAC Mortgage, have
commented on the negative effect of the city’s policy.
Two of our largest subrecipients, Clearwater Neighborhood Housing Services, Inc.
and Tampa Bay Community Development Corporation, that administer our Down
Payment and Closing Cost Assistance Program, have provided documentation
that show potential homebuyers who would normally purchase a home in
Clearwater buy homes in other cities where they don’t have an equity sharing
provision.
Homeowners who have purchased a home in the last five years have shown a
reverse in equity due to the depreciating value of homes in the current real estate
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market.
The current design of the shared equity provision makes it very difficult to
determine the appreciated value of a home when an owner improves the property.
Staff would be unable to make this determination without outside consultation.
The primary funding source for the City’s down payment assistance program was
funded through the State’s State Housing Initiatives Partnership (SHIP)
program. The original shared equity provision was created for the sole purpose of
utilizing SHIP funding. With the elimination of SHIP funding by the State of
Florida, the shared equity provision is no longer necessary.
The City anticipates primarily using HOME Program underwriting guidelines
identified and established in HUD 24 CFR Part 92. These guidelines further
identify program compliance through the use of covenants, land use restrictions,
affordability periods or other lien instruments by securing obligations of the
property that do not impair the good and marketable title to the ownership interest.
In response to questions, Economic Development and Housing Director Geri Campos
Lopez said of the 84 loans processed, the city incurred three write-offs. Staff will
reconsider implementing the policy should SHIP (State Housing Initiatives Partnership)
funds be reinstated and the tool is needed. The cities of St. Petersburg and Largo
never implemented the policy. The city has lost approximately 30 loans per year, as
applicants are choosing to go to other cities with an easier process.
Consensus was to delete the equity sharing policy.
2.2 Approve a Community Housing Development Organization Agreement with
Pinellas County Habitat for Humanity Community Housing Development
Corporation, Inc. in the amount of $155,214 to acquire and develop affordable
housing units and authorize appropriate officials to execute same. (consent)
Among the purposes of the Cranston-Gonzales National Affordable Housing Act
of 1990, as amended, are: (1) to promote partnerships between State, units of
general local government and nonprofit organizations, and (2) to expand nonprofit
organizations' capacity to develop and manage decent and affordable housing. To
assist in achieving these purposes, the City of Clearwater, under the HOME
Investment Partnership (HOME) Program must reserve not less than 15% of their
HOME allocations for investment in housing to be developed, sponsored, or
owned by Community Housing Development Organizations (CHDOs). The City of
Clearwater must identify eligible nonprofit organizations that are capable, or can
reasonably be expected to become capable of, carrying out elements of
Clearwater’s approved housing strategy. Only nonprofit organizations that have
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been certified by HOME participating jurisdictions as CHDOs can receive funds
from the minimum 15% set-aside.
Pinellas County Habitat for Humanity Community Housing Development
Corporation, Inc. is requesting $77,100 in Fiscal Year 2001 funds and $78,114.45
in Fiscal Year 2008 funds. The allocations will be used to build single-family
homes on vacant lots the agency already owns. The agency is a newly created
not-for-profit organization. The agency’s parent organization is Pinellas County
Habitat for Humanity and will be staffed by their employees.
The Fiscal Year 2001 HOME CHDO allocation is derived from funds previously
set aside for another CHDO whose proposed project did not meet HOME
Program guidelines.
3. Information Technology
3.1 Approve increasing an existing purchase order to Bright House Networks, Saint
Petersburg, FL by $167,000, for a new total of $237,000, for internet and network
services to various City facilities, extend the contract end date to September 30,
2013 and authorize the appropriate officials to execute same. (consent)
Bright House Networks provides both internet access and network connection
services to locations across the City. The City Manger approved a purchase order
in the amount of $70,000 to provide these services to the Morningside Pool,
McMullen Tennis Complex and the Back-up Datacenter at General Services.
Previously, other facilities' services were provided through PO's issued within
individual departments. All services are now being consolidated into one blanket
PO. These services are fiber optic technology and prices are based upon 3-year
contracts, with the annual cost of $79,000.
The locations served with this agreement are as follows: MSB, Ross Norton and
Greenwood Recreation Centers; Countryside, East and Beach Libraries; Armory;
Countryside and Beach Police Substations; Eddie C. Moore Complex;
Morningside Pool; McMullen Tennis Complex; City Health Care Center and Back-
up Datacenter at General Services.
4. Police
4.1 Approve the renewal of a Software Support Agreement for the TriTech System, in
the amount of $146,497.17, for a 12-month period beginning October 1, 2010 and
ending September 30, 2011. (consent)
The TriTech System has been operational since October 2007; the final sign-off
and payment closing out the project was disbursed in March 2009.
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The Council previously approved a 12-month TriTech Software Support
Agreement, which will expire September 30, 2010.
The TriTech System provides an integrated CADS, mobile, and AVL environment,
and downloading of data to the report management system (ACISS). Prior to the
TriTech System, each of these functions required separate software support and
hardware agreements.
Funding for renewal of the 12-month Software Support Agreement, in the amount
of $146,497.17, is budgeted in FY 2010/2011 Police Department operating budget
0010-01162-530300-521-000-0000.
In response to questions, Information Technology Director Dan Mayer said software
providers do not offer multi-year contracts. Police Major Donald Hall said the RMS is
the report management system and the CAD is for the dispatch system.
5. Solid Waste/General Support Services
5.1 Approve a Contract (Blanket Purchase Order) to Wingfoot Commercial Tire of
Clearwater, FL for an amount not to exceed $250,000 for the purchase of
Goodyear tires for city motorized equipment during the contract period September
1, 2010 in accordance with Sec. 2.56(1)(d), Code of Ordinances - other
governmental bid and authorize the appropriate officials to execute same.
(consent)
This Blanket Purchase Order is a piggyback to the Florida State Contract 863-
000-10-1 and covers the purchase of several sizes of tires for use on all City
vehicles.
Solid Waste/General Services Assistant Director Rick Carnley noted the contract period
ends August 20, 2011.
6. Engineering
6.1 Approve a Work Order in the amount of $205,520.00 to URS Corporation
Southern (EOR), to provide professional engineering services for the design,
permitting and bidding for Greenlea East-West Reclaimed Water Interconnect
Project (10-0038-UT), and the appropriate officials be authorized to execute the
same. (consent)
The City of Clearwater is expanding its reclaimed water system to serve its
residents with water for irrigation and other non-potable uses as outlined in the
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2010 Reclaimed Water (RCW) Master Planning Services Technical Memorandum
dated May 2010 completed by URS at the City’s request .
A cooperative funding agreement between Southwest Florida Water Management
District (SWFWMD) and the City of Clearwater for the Skycrest Reclaimed Water
Project (L695), approved by the City of Clearwater on May 17, 2007, provided
funding for design, permitting and construction of reclaimed water transmission
mains, distribution piping, a five (5) million gallon (MG) ground storage tank, and a
high service pump station in the Skycrest area of Clearwater. As part of the
agreement, SWFWMD will reimburse up to 50% of $10,838,000 involving all costs
associated with this project.
Since the actual total design and construction costs of $8,739,792.90 is less than
the $10,838,000 available to fund the original design and construction for the
Skycrest RCW Project that was approved through July 2009, the City will be
utilizing the remaining $2,098,207.10 from the existing Cooperative Funding
Agreement to design and construct additional RCW areas.
Five (5) commercial customers including Montclair Park, Breyley Apartment
Complex, Frank Tack Park, Calvin A. Hunsinger School, and Sandy Lane
Elementary School are anticipated to connect to the RCW system.
A future RCW transmission interconnect is included for the City of Dunedin should
the City wish to negotiate a contract with the City of Dunedin.
Design and permitting for the new RCW transmission piping is estimated to start
in September 2010 and finish in March 2011.
The City of Clearwater's Public Utilities Department Water Division is responsible
for owning, operating and maintaining the reclaimed water system.
A Third quarter amendment will increase the budget for Other Governmental
Revenues (337900) in project 0315-96739, Reclaimed Water Distribution System
for SWFWMD's share of this contract in the amount of $102,760.00.
Sufficient budget and revenue are available in project 0315-96739, Reclaimed
Water Distribution system in the amount of $205,520.00.
Staff was directed to meet with Councilmember Bill Jonson regarding the rate study.
In response to a question, Engineering Manager Rob Fahey said the transmission
interconnect will allow for the expansion into NE section, costing approximately
$10,000.
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6.2 Accept a 5-foot Reclaimed Water Main and Utilities Easement over, under and
across the East 5 feet of Lot 12, Renaissance Oaks, as conveyed by Larry and
Mary McDonald in consideration of receipt of $10.00 and the benefits to be
derived therefrom. (consent)
In May 2008, Public Utilities initiated design for the Chautauqua/Coachman Ridge
Reclaimed Water Project that is expanding reclaimed water transmission and
distribution infrastructure to the Chautauqua and Coachman Ridge neighborhoods
in northeast Clearwater.
The project is constructing 25,000 linear feet of reclaimed water transmission and
distribution piping that will provide service to up to 800 single-family residential
units plus 13 large nonresidential parcels. Project construction commenced in
July 2009 and now approximately 90% complete.
Following final project approval, the residents of Renaissance Oaks, a planned 43
lot single-family subdivision, petitioned the City to extend reclaimed service into
the developing subdivision. Engineering analysis determined the most practical
extension into the subdivision would be a directionally drilled 4-inch line from D. D.
Davis Park into the community along and beneath the common lot line of
subdivision lots 11 and 12.
It was determined the proposed extension of service into Renaissance Oaks could
be accomplished within already budgeted project costs if the neighboring
homeowners each granted abutting 5-foot perpetual easements along their
common lot line to permit installation and maintenance of the service line.
The abutting property owners of Lot 11, addressed at 3018 Patrick Drive,
previously granted the City the required easement over the west 5 feet of their
property, which was accepted by Council on July 15th. The subject easement,
fully perfected when Bank of America granted its consent and joinder on July
12th, establishes the full 10-foot authority required by the City to
accommodate installation and future maintenance and replacement of the
reclaimed water line.
6.3 Approve Change Order 1 to Volt Telecom of Clearwater, Florida, for the
Morningside Reclaimed Water System (05-0022-UT) construction contract in the
amount of $234,165.96, and approve a work order to URS Corporation in the
amount of $256,155 for additional Construction Engineering and Inspection (CEI)
services for various reclaimed water expansion efforts, and the appropriate
officials be authorized to execute same. (consent)
This item is a continuation of the development of a reclaimed water transmission
and distribution system in the City of Clearwater. The original Morningside
Reclaimed Water System contract was approved by Council on June 18, 2009 for
$1 ,557,039.28. This change order will increase the contract by $234,165.96 for a
total of $1,791,205.24. The additional work covers installation of new reclaimed
water lines to serve more irrigation needs in and near the Morningside reclaimed
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water service area.
A cooperative funding agreement between Southwest Florida Water Management
District (SWFWMD) and the City of Clearwater for the Morningside Reclaimed
Water Project (L254) approved by the City of Clearwater in May of 2005 and
amended in January of 2009 provided funding for design, permitting and
construction of reclaimed water piping in the Morningside area of Clearwater. A
federal grant valued at $600,000 is tied to the SWFWMD cooperative funding
agreement, which covers project costs up to $4,000,000. As part of the
agreement, SWFWMD will reimburse up to 50% of $3,400,000 ($4,000,000, less
$600,000) involving all costs associated with this project.
This change order adds areas that were requested by the residents to be
served. It also makes best use of the SWFWMD cooperative funding agreement
allowing the City to obtain 50% reimbursement for the design and construction
costs for the added lines under the existing agreement. This opportunity for the
City is in part due to very favorable construction pricing.
Customers including Oak Groves Estates, Imperial Cove Apartments, and
Willadell Drive are anticipated to connect to the RCW system after completion of
the construction associated with the changer order. The contract duration will be
extended by 137 calendar days to allow the added work to be constructed.
Construction of the additional areas is expected to start in September of 2010 and
be complete by the end of January 2011.
URS Corporation, an Engineer-of-Record for the City of Clearwater, is currently
providing professional design services and CEI for the City of Clearwater and the
fee associated with the work order was negotiated under conditions of the
Consultant’s Competitive Negotiations Act. The work order covers professional
services for additional CEI throughout the City including the Morningside,
Skycrest, Coachman Ridge and Chautauqua Reclaimed Water Service
areas. Design is already underway for these additional areas, with construction
change orders forthcoming for Skycrest and Coachman Chautauqua that will be
brought to Council along with modifications to the existing cooperative funding
agreements for those Reclaimed Water Service Areas.
The City of Clearwater’s Public Utilities Department Water Division is responsible
for owning, operating and maintaining the reclaimed water system.
Sufficient budget and revenue are available in Capital Improvement Program
project 0315-96739, Reclaimed Water Distribution system in the amount of
$490,320.96.
A Third quarter amendment will increase the budget for Other Governmental
Revenues (337900) in project 0315-96739, Reclaimed Water Distribution System
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for SWFWMD's share of this contract in the amount of $245,160.48.
6.4 Approve Second Amendment to the Interlocal Agreement between Pinellas
County and its NPDES Co-Permitees for the design, implementation, operation
and maintenance of the ambient water quality-monitoring program at an annual
cost to the City of $36,000 and authorize the appropriate officials to execute
same. (consent)
This interlocal agreement for control of stormwater discharges is a condition of an
NPDES (National Pollution Discharge Elimination System) Permit for stormwater
discharges from Pinellas County that was originated in 1994, and renewed
in 2000, 2006 and 2008. The agreement recognizes that each party is
independently and separately responsible for discharges from their stormwater
system, and shall share the actual annual cost of the water quality-monitoring
program as required by all permit conditions, and extends the agreement
expiration date to September 12, 2013. City of Clearwater's share for Fiscal Year
2011 is approximately $36,000. Stormwater Management has budgeted $36,000
for the Fiscal Year 2011 annual share of the water quality-monitoring program in
operating FD 0419-01365-530300.
6.5 Approve the applicant’s request to vacate a portion of a drainage and utility
easement located on the applicant’s property, 2355 Wetherington Road, as more
particularly described in the ordinance and approve Ordinance 8210-10 on first
reading. (VAC2010-04 Lightner)
The applicant is seeking vacation of a portion of the drainage and utility easement
to enable the installation of brick paver decks and walkways that are not otherwise
permitted to be placed in an easement.
Bright House Networks, Verizon, Progress Energy and Knology have no
objections to the vacation requested.
The City has no facilities in the easement portion to be vacated.
The Engineering Department has no objection to the vacation request.
6.6 Ratify and Confirm Change Order 3 to APAC, Southeast, Inc., of Lutz, Fl for the
East Avenue Trail Connector Turner Street to Drew Street (09-0023-EN) in the
amount of $38,463.30, for debris removal on East Avenue from Pierce Street to
Turner Street and restoration of Franklin Street Crossing. (consent)
September 3, 2009, City Council awarded a construction contract to APAC for the
East Avenue Trail Connector – Turner Street to Drew Street (09-0023-EN) in the
amount of $289,029.25.
March 11, 2010, City Manager approved Change Order 1 for concrete curbing in
the amount of $420 for a new contract value of $289,449.25.
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May 20, 2010, City Council approved Emergency Change Order 2 for the
restoration of the railroad crossings at Drew Street, Laura Street, Park Street,
Pierce Street and East Ave from Park Street to Laura Street in the amount of
$85,481.44 for a total contract amount of $374,930.69.
Change Order 3 in the amount of $38,463.30 is for debris removal on East
Avenue from Pierce Street to Turner Street and restoration of Franklin Street
Crossing for a revised contract in the amount of $413,393.99.
This work was necessitated by the fact there was little warning from CSX
Transportation that they were going to replace all the railroad ties from St.
Petersburg to Tampa along this line. This notice did not provide adequate time to
budget for this expense.
All railroads crossing restoration is up to the local government jurisdiction,
dependent upon whether they deem the crossings necessary to the public
benefit.
A third quarter amendment will transfer $38,463.30 of Road Millage from Capital
Improvement Program (CIP) project 0315-92273, Streets and Sidewalks to CIP
0315-92343, East Ave Trail to fund the Change Order.
In response to a question, Engineering Director Mike Quillen said CSX has been
working on the railroad on a part-time basis and reason for extended timeframe. CSX is
responsible for the track and anything outside of that, such as debris, is the local
jurisdiction’s responsibility.
7. Planning
7.1 Approve amendments to the Clearwater Downtown Redevelopment Plan and
pass Ordinance 8192-10 on first reading.
City Council requested that the Planning and Development Department evaluate
the potential for outdoor display of bicycles along the Pinellas Trail within
Downtown and expand the uses allowed for the Clearwater Gas property in the
Old Bay Character District. Based on the research conducted and the direction
provided by Council, the Planning and Development Department is
recommending the following amendments to the Clearwater Downtown
Redevelopment Plan:
1) The outdoor display of bicycles may be permitted in conjunction with retail
bicycle uses abutting the Pinellas Trail. Such display areas shall not be located
within the sight visibility triangle, in landscaped areas or in required parking
spaces and may only occur during business hours.
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2) Properties located on Myrtle Avenue or Drew Street east of the Pinellas Trail
may retain their current functions and/or transition to a variety of uses including
offices, retail, medical facilities, governmental uses and mixed –use development.
Redevelopment of these properties should include a connection to the Pinellas
Trail and if deemed appropriate, be supportive of transit whether it be rail or bus
service.
Proposed Ordinance 8192-10 contains two amendments to Chapter 3 Land
Use/Redevelopment Plan of the Clearwater Downtown Redevelopment Plan. One
amendment adds a new Policy to the overall Goals, Objectives and Policies
section of the Plan to permit outdoor bicycle display in limited locations within
Downtown. The other amendment revises the Uses section of the Old Bay District
to allow a broad range of uses for property located in the Old Bay Character
District that front on either Drew Street east of the CSX railroad lines or on Myrtle
Avenue.
At its meeting on July 20, 2010, the Community Development Board reviewed and
unanimously recommended approval of the proposed amendments to the
Clearwater Downtown Redevelopment Plan.
7.2 Approve the Annexation, Initial Future Land Use Map designation of
Recreation/Open Space (R/OS) and initial Zoning Atlas designation of Open
Space/Recreation (OS/R) District for 2271 Landmark Drive (East 965 feet of
North of Southeast of Section 32, Township 28 South, Range 16 East, less
roads on North, East and South); and pass Ordinances 8303-10, 8304-10 and
8305-10 on first reading.(ANX2010-05002)
This voluntary annexation petition involves a 26.993-acre property consisting of
one vacant parcel of land. It is located on the west side of Landmark Drive,
approximately 650 feet south of Marlo Boulevard, directly south of Chautauqua
Park East. The applicant (in this case City of Clearwater) is requesting this
annexation as the City had bought this land in 2009 for the development of an
equestrian park. The Planning and Development Department is requesting
that 2.00 acres of abutting rights-of-way (Landmark Drive and an unnamed right-
of-way) not currently within the City limits also be annexed. The property is
contiguous to existing City boundaries to the north, south and east. It is proposed
that the property be assigned a Future Land Use Map designation of
Recreation/Open Space (R/OS) and a zoning category of Open Space/Recreation
(OS/R). The Planning and Development Department determined that the
proposed annexation is consistent with the provisions of Community Development
Code Section 4-604.E as follows:
The City of Clearwater will provide domestic water and sanitary sewer lines to the
property when necessary to support any permanent structures on the
site. Collection of solid waste will be provided by the City. The property is located
within Police District III and service will be administered through the district
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headquarters located at 2851 North McMullen Booth Road. Fire and emergency
medical services will be provided to this property by Station 50 located at 2681
Countryside Boulevard. 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 facility 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.
The proposed Recreation/Open Space (R/OS) Future Land Use Map category is
consistent with the current Countywide Plan designation of this property. This
designation primarily permits public/private open spaces, parks, and recreation
facilities. The proposed zoning district to be assigned to the property is the Open
Space/Recreation (OS/R) 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, south and east; therefore, the annexation is consistent with Florida
Statutes Chapter 171.044.
7.3 Approve the Annexation, Initial Future Land Use Map Designation of Residential
Low (RL) and initial Zoning Atlas designation of Low Medium Density Residential
(LMDR) District for 1824 and 1848 Carlton Drive, 1807, 1812, and 1830 Diane
Drive, 1720 and 1759 El Trinidad Drive, 1729 Evans Drive, 1704, 1713, 1751, and
1754 Grove Drive, 1721, 1724, 1729, 1732, 1736, and 1741 Lucas Drive, 1818,
1825, and 1830 Marilyn Drive, 2762, 2784, 2794, and 2798 Morningside Drive,
1825 Skyland Drive, 2773 Terrace Drive, 1715, 1725, 1728, and 1736 Thomas
Drive, 1810, 1818, 1819, 1826, 1827, 1834, 1835 and 1842 Winwood Drive and
Initial Future Land Use Map designation of Residential Low (RL) and Drainage
Feature Overlay and Initial Zoning Atlas designation of Low Medium Density
Residential (LMDR) for 2773, 2777, 2781, 2785, 2789, 2793, and 2797
Morningside Drive, 2700 SR 590, 2746 and 2752 Terrace Drive (parcels from the
Carlton Terrace, Carlton Terrace 1st Addition, Virginia Grove Terrace, Virginia
Grove Terrace 1st Addition, Virginia Grove Terrace 3rd Addition, Virginia Grove
Terrace 4th Addition, and Winwood Subdivisions in Section 05, Township 29
South, Range 16 East); and pass Ordinances 8189-10, 8190-10 and 8191-10 on
first reading.(ATA2010-04005)
The City of Clearwater Planning and Development Department has identified an
area within the City’s Planning Area with a large concentration of properties with
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Agreements to Annex (ATAs) that are eligible for annexation. These properties
are located east of U.S. Highway 19, north of S.R. 590 and south of South
Drive. Subdivisions in this area include Virginia Grove Terrace, Diane Heights,
Winwood and Carlton Terrace. The Department has identified 189 properties that
could be annexed through a phased approach over the next several years.
This application, which has been identified as Phase A of the overall annexation
project, includes 49 of the 189 properties. Current or previous owners of these
properties entered into ATAs to obtain sanitary sewer service between 1985 and
2005. The Planning and Development Department is initiating this project to bring
the properties into the City’s jurisdiction in compliance with the terms and
conditions set forth in the Agreements. The subject properties are occupied by
48 detached dwellings and one group home with 10 residents on 10.43 acres of
land. It is proposed that the abutting Winwood Drive, Diane Drive, Evans Drive,
Grove Drive, Morningside Drive and Thomas Drive right s -of-way not currently
within the City limits also be annexed. It is proposed that the 49 properties be
assigned a future land use map designation of Residential Low. A major drainage
ditch traverses 10 of these properties and staff is also proposing that the Drainage
Feature Overlay be applied to the properties consistent with the ditch
boundaries. It is proposed that all parcels have a zoning designation of Low
Medium Density Residential (LMDR).
The Planning and Development Department has determined that the proposed
annexation is consistent with the provisions of Community Development Code
Section 4-604.E as follows:
The properties currently receive sanitary sewer service from the City and water
service from Pinellas County. Collection of solid waste will be provided by the
City. The properties are 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 these properties
by Station 48 located at 1700 Belcher Road. The City has adequate capacity to
serve the properties with solid waste, police, fire and EMS service. Water service
will continue to be provided by Pinellas County. The proposed annexations will not
have an adverse effect on public facility levels of service; and
The proposed annexation is consistent with and promotes the following objectives
and policy of the Clearwater Comprehensive Plan:
Policy A.7.1.3: Invoke agreements to annex where properties located within
enclaves meet the contiguity requirements of Florida Statutes Chapter 171.
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.
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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 Residential Low (RL) and Drainage Feature Overlay Future Land
Use Map categories are consistent with the current Countywide Plan designation
of the properties. The Residential Low (RL) designation primarily permits
residential uses at a density of 5.0 units per acre. The Drainage Feature Overlay
category proposed to be applied to ten properties (2773, 2777, 2781, 2785, 2789,
2793, and 2797 Morningside Drive, 2700 SR 590, 2746 and 2752 Terrace Drive)
recognizes the drainage feature on the property but does not impact development
potential. The proposed zoning district to be assigned to the properties is the Low
Medium Density Residential (LMDR) District. The uses of the subject properties
are consistent with the uses allowed in the Low Medium Density Residential
(LMDR) District except for the property at 2700 SR 590, which is a group home
with 10 or more residents. Community residential homes are permitted in the Low
Medium Density Residential zoning district provided there are no more than six
residents; therefore, the existing use will be nonconforming upon annexation. All
of the properties meet the minimum dimensional requirements of the Low Medium
Density Residential (LMDR) District; therefore, the proposed annexation is
consistent with the Countywide Plan, Clearwater Comprehensive Plan, and
Clearwater Community Development Code; and
The properties proposed for annexation are contiguous to existing City boundaries
along at least one property boundary; therefore the annexations are consistent
with Florida Statutes Chapter 171.044.
Planner Tammy Vrana said staff received a petition opposing the annexations and will
provide copies to Council.
In response to a question, Ms. Vrana said the agreements to annex were signed by the
current or previous property owner.
It was stated that the City Auditor has analyzed the service fees associated with being
annexed into the city. There will be some reductions and some increases.
8. City Manager
8.1 Confirm the City Manager’s appointment of Rosemarie Call, as City Clerk, to be
effective August 30, 2010. (consent)
Section 3.04 of the City Charter states: "The city manager shall appoint a city
clerk, which appointment must be confirmed by council prior to becoming
effective."
Cyndie Goudeau, City Clerk since August of 1985, is retiring. Rosemarie Call has
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been a member of the City Clerk's staff since October 2002. Rosemarie is well
versed in the responsibilities of the City Clerk and other functions of the Official
Records and Legislative Services Department. She has a Master's Degree in
Public Administration and has been awarded the Certified Municipal Clerk
designation by the International Institute of Municipal Clerks. She is working
toward the Master Municipal Clerk designation.
City Clerk Cyndie Goudeau was thanked for her years of service and leadership to the
city and Leadership Pinellas.
Staff was directed not to place the item on consent.
9. Legal
9.1 Amend Section 6.29, Code of Ordinances, to maintain the current closing hour of
2:00 a.m. for alcoholic beverage establishments and pass Ordinance 8213-10 on
first reading.
The Pinellas County Board of County Commissioners recently amended Sec. 6-
29 of the Pinellas County Code of Ordinances to change the closing hours from
2:00 a.m. to 3:00 a.m. for business establishments, licensed or unlicensed,
dealing in alcoholic beverages throughout Pinellas County, unless a municipality
establishes shorter opening hours.
In the interest of the public health, safety, and welfare, the Clearwater City Council
wants to maintain the current closing hour of 2:00 a.m. for alcoholic beverage
establishments.
Mayor Frank Hibbard said the issue was discussed at the Mayors’ Council meeting.
Many municipalities are going to the 3:00 a.m. closing hour because abutting
jurisdictions are.
Concerns were expressed regarding individuals going outside city limits and driving
farther after drinking. It was suggested the ordinance be amended to disallow outdoor
music after midnight. The City Attorney said outdoor music would require a different
ordinance.
In response to a question, Assistant City Attorney Rob Surette said the County sets
closing hours. Municipalities can choose to opt out. Police Chief Anthony Holloway
said extending alcohol sales to 3:00 a.m. may require moving officers around at that
time.
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9.2 Adopt Ordinance 8168-10 on second reading, amending Chapter 30, Code of
Ordinances, regarding parking enforcement, delinquent fines, collections, ticket
dismissal, removal or rental of municipal parking for special purposes or valet
parking operations, and modifying fees.
9.3 Adopt Ordinance 8202-10 on second reading, amending the watering schedule for
all water sources, adding Section 32.110, Code of Ordinances, establishing a
general watering schedule during periods of no drought, and amending Section
32.383, regarding reclaimed water hours of use.
9.4 Authorize an increase in funding to outside counsel firm Bricklemyer, Smolker and
Bolves in the amount of $200,000 for representation of this case through trial.
(consent)
In 2005, residents of the Pierce 100 condominium sued the City claiming the
Memorial Causeway Bridge deprived them of their riparian and access rights, and
sought a claim for inverse condemnation as well as damages. The City Attorney
assigned the representation of this case to Jeffrey Hinds of Bricklemyer Smolker
and Bolves, who specializes in such matters, and authorized funding of $100,000
at that time.
It is likely that this case will go to trial in the next fiscal year. It has been estimated
that the additional cost of representation through trial will require an additional
$200,000, due to the likelihood of extensive discovery requirements.
The additional funding in the amount of $200,000 is available in the Professional
Services budget of the City Attorney's Office.
In response to a question, the City Attorney said the Penny for Pinellas funds for the
project have been expended but departmental funds are available.
Staff was directed to determine if Penny for Pinellas funds would be available.
10. City Manager Verbal Reports - None.
11. Council Discussion Items
11.1 Impact of SB 1196 re fire sprinkler retrofit - Councilmember Gibson
In response to questions, Fire Deputy Chief Robert Weiss said there are 13
condominiums that do not have fire sprinklers. Fires generally start in the common
areas. The law requires the Homeowners Association to have a vote on the installation
of fire sprinklers. The condominiums do not have to comply if the homeowners
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association votes not to implement the sprinklers.
There was consensus to send a letter to the condominium owners encouraging the
installation of fire sprinklers.
12. Closing Comments by Mayor - None.
13. Adjourn
The meeting was adjourned at 11:11 a.m.
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