05/16/2011 COUNCIL WORKSESSION MEETING MINUTES
CITY OF CLEARWATER
May 16, 2011
Present: Mayor Frank Hibbard, Vice Mayor George N. Cretekos, Councilmember
John Doran, Councilmember Paul Gibson, and Councilmember Bill
Jonson.
Also Present: William B. Horne II - City Manager, Jill S. Silverboard - Assistant City
Manager, Rod Irwin - Assistant City Manager, Pamela K. Akin - City
Attorney, Rosemarie Call - City Clerk, and Nicole Sprague — Official
Records and Legislative Services Coordinator.
To provide continuity for research, items are agenda order although not
necessarily discussed in that order.
Mayor Frank Hibbard called the meeting to order at 9:00 a.m. at City Hall.
1. Presentations
1.1 Service Awards
One service award was presented to a city employee.
The Council recessed from 9:01 a.m. to 9:46 a.m. to meet as the Community
Redevelopment Agency and the Pension Trustees.
2. Financial Services
2.1 Amend Appendix A, Schedule of Fees, Rates and Charges, Section XXV, Public
Works Fees, Rates and Charges (3)(c ) Solid Waste collection rates; (3)(d)
Recycling Rates; and (5)(b) Solid waste Roll-Off Container or Waste Receptacle
Service, to decrease specific collection fees for Solid Waste and Recycling for
Fiscal Year 2012, to increase specific collection fees for Recycling for fiscal
years 2013 through 2016, and pass Ordinance 8264-11 on first reading.
In early 2007 Burton and Associates completed a solid waste and recycling utility
rate study to cover five years of operation (fiscal years 2008 through 2012). At
that time, the City Council approved five years of rate increases that included the
following items scheduled to be effective October 1, 2011 for fiscal year 2012:
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For recycling - an 11% increase
For residential and commercial solid waste - a 5% increase
For solid waste roll-off services - 4.5% increase
With the assistance of the Finance Department, the decision was made to
conduct the next rate study one year early because of the capital requirements to
retrofit the Solid Waste Transfer Station and concerns about revenue sufficiency
in Recycling.
That rate study covering a period of five years (fiscal years 2012 through 2016)
has now been completed. Burton and Associates recommends the following:
For recycling:
Reduce the scheduled 11% increase to 3.5% for fiscal year 2012
Schedule rate increases of 3.5% for fiscal years 2013 through 2016
Increase reserves for Operating and Maintenance from three months to six
months due to the uncertainty of the sale of recyclables revenue (approximately
40% of total revenue)
For solid waste:
Eliminate the scheduled 5% increase for fiscal year 2012 for residential and
commercial
Eliminate the scheduled 4.5% increase for fiscal year 2012 for roll-off
No rate increases for fiscal year 2013 through 2016
Increase reserves for Operating and Maintenance from three months to six
months allowing the department to absorb the expense of debris cleanup in the
aftermath of a non-FEMA reimbursable event
Pay for the proposed solid waste transfer station out of cash (NOTE: This is a
planned project for the future that will require Council approval to proceed.)
Council 5/16/2011 2
The utility rate increase for recycling is necessary to provide the funding to meet
operating and maintenance requirements and to maintain the current level of
service. This rate increase amounts to approximately eight cents ($0.08) on the
monthly bill. The major factors contributing to the increased expenses are
escalating fuel and energy costs, fleet equipment and associated costs, and
pension funding requirements. For the solid waste utility, no increase is
necessary. While solid waste has been experiencing the same increased
expenses as recycling, savings on disposal costs have been achieved due to
reductions in tonnage caused by the downturn in the economy and more prudent
(and less expensive) disposal methods. The monthly impacts to the average
residential customer with twice-a-week garbage collection, a yard waste, trash,
and recycling collection once a week and oversized items on call are reflected in
the following table:
Monthly Current 10/1/2011 10/1/2012 10/1/2013 10/1/2014 10/1/2015
Solid $24.86 $24.86 $24.86 $24.86 $24.86 $24.86
Waste
Recycling $ 2.19 $ 2.27 $ 2.35 $ 2.43 $2 .52 $ 2.60
Total $27.05 $27.13 $27.21 $27.29 $27.38 $27.46
Appendix A of the Code of Ordinances currently contains a listing of various
residential, commercial and roll-off collection fees for Solid Waste and Recycling.
Staff is recommending that the Appendix A of the Code of Ordinances be
amended to increase rates in accordance with the rate study prepared by Burton
and Associates.
Staff was directed to provide information regarding the portion of the Solid Waste
budget that is attributed to fuel cost.
In response to a question, Finance Director Jay Ravins said staff will be recommending
an amendment to Council Policies defining a six-month reserve requirement for
enterprise funds in the coming months.
2.2 Authorize decreasing the monthly reclaimed water availability fee from $19.58 to
$11.18 and increasing the reclaimed water usage fee per 1,000 gallons from
$0.62 to $0.93 effective October 1, 2011; increasing domestic, lawn water, and
wastewater collection utility rates by 4.5% effective October 1, 2011; and
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increasing domestic, lawn water, wastewater collection and reclaimed water
utility rates by 4.5% effective every October 1 in 2012 through 2015 and pass
Ordinance 8266-11 on first reading.
The utility rate increase is needed to provide funding to maintain compliance with
debt service coverage requirements, supporting the continuation of capital
improvement projects needed to sustain the City's utility infrastructure.
Infrastructure improvements are needed to maintain compliance with federal,
state and district regulations concerning water supply and treatment, the
wastewater collection system, and water pollution control facilities; to maintain
reliability of the water pollution control facilities due to age of the infrastructure;
and to expand the reclaimed water system. Master Plans have been completed
for all of the systems in Public Utilities and the capital improvements program has
been revised to meet future infrastructure needs.
The last rate change, Ordinance 7913-08, was approved on June 19, 2008 and
provided for 7% increases effective October 1, 2008 and October 1, 2009 with
subsequent 6% increases to be effective October 1, 2010, October 1, 2011, and
October 1, 2012.
Burton and Associates has completed a water, wastewater, and reclaimed water
utility rate study to cover five years of operations. The current study covers the
period Fiscal Year 2012 through Fiscal Year 2016 and recommends decreasing
the previously approved 6% increases to be effective October 1, 2011 and
October 1, 2012 to 4.5%, with subsequent 4.5% increases to be effective October
17 2013, October 1, 2014, and October 1, 2015. The increases are applicable to
domestic water, lawn water, wastewater and reclaimed water.
The new reclaimed water rates are significantly lower than potable lawn meter
rates. This should provide a financial incentive for customers to use reclaimed
water for irrigation, create more satisfaction throughout reclaimed water
neighborhoods, and encourage neighborhood-initiated projects and more infill
participation. Increased utilization will result in less effluent disposal into the bay
and provide for potential local aquifer recharge.
The availability fee will be reduced in Fiscal Year 2012 from $19.58 to $11.18 per
month and the usage rate will be raised from $.62 to $.93 per thousand gallons.
These rate changes should have no impact on projected overall reclaimed water
revenues.
Anticipated usage of project funding with operating revenues and project
restructuring to eliminate the need for a 2012 revenue bond issue is the primary
driver for requesting the reduced rate increases for Fiscal Year 2012 and Fiscal
Year 2013 and the 4.5% increase for the subsequent three fiscal years. Bond
Council 5/16/2011 4
insurers and rating agencies prefer to have several years of approved rates
providing the revenues to meet the utility's operating and project needs as well as
debt service requirements.
3. Gas System
3.1 Approve a First Agreement to Amend Meter and Regulator Station Easement
(Amendment) with Florida Gas Transmission, LLC (FGT), a Delaware limited
liability company as recorded in Official Records Book 8042, Pages 86 and 87 in
the Public Records of Pinellas County, Florida; grant and convey to FGT that
certain 10-foot by 49-foot easement as legally described in Exhibit B of the
Amendment, and authorize appropriate officials to execute same. (consent)
Florida Gas Transmission (FGT) has agreed to vacate a portion of their
easement, which conflicts directly with the construction of the City's compressed
natural gas (CNG) filling station along Hercules Avenue. The original Easement
was granted by the City on August 22, 1992, as recorded in Official Records Book
8042, pages 86 and 87 in the Public Records of Pinellas County, Florida. The
easement allows FGT to gain access to their transmission pipeline facilities
located within Clearwater Gas System's north gate station. Under the revised
easement, FGT will vacate the north 8 feet of the original easement (Exhibit A). In
return, the City will grant a new easement on the south side of the north gate
station property (Exhibit B). Within the new easement, Tract A is an Ingress-
Egress easement that will allow FGT to gain access to Tract B, which is
designated for parking and temporary storage.
3.2 Approve the Third Amended and Restated Interlocal Agreement of Florida Gas
Utility, authorize the appropriate officials to execute same and adopt Resolution
11-13.
On March 25, 2011, the Florida Gas Utility (FGU) Board of Directors unanimously
approved revisions to the FGU By-Laws and approved the Third Amended and
Restated Interlocal Agreement. FGU has had the same governance structure
since the early 1990's. However, changes to the FGU organization, along with
additional member services provided has made it quite difficult in getting quorums
for meetings. In light of budget reductions for travel and recognizing the busy
schedules of the FGU members, it was recommended by the FGU Governance
Committee that changes to the voting structure, and changes that would mitigate
the burden of serving on the Executive Committee would enable FGU to schedule
meetings more easily. Below is a summary of the changes:
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Creation of a Director Representative which will allow Member Systems to remove
and replace its Director Representative at-will, to designate an Alternate Director
Representative when the primary Director Representative is unable to attend
meetings.
Power of Executive Committee to adopt or modify procedures, accept the annual
audit, take other action not inconsistent with actions taken by the Board and clarify
the Board has the right to revoke action of the Executive Committee as long as no
contract rights are violated.
Weighted voting of each Member (Director Representative):
Each Member receives one (1) vote
Percentage of total pipeline capacity held by FGU for its Member (1-10 votes)
Percentage of total throughput for each Member (1-10 votes)
Affirmative vote of 70% (based on weightings) is required to take action
Permit Director Representative to attend by telephone or electronic means, only to
the extent permitted by law.
The Executive Committee (EC) composition remains the same; however, FGU
Board will select three (3) or more alternate EC members. Alternates will fill
vacancies at any EC meeting. EC is given authority to approve and authorize the
execution of contracts.
Powers and duties of the FGU General Manager- The GM will manage business
and affairs of FGU under the general direction of the Executive Committee.
FGU is a not or profit joint action agency made up of 25 Florida Cities, including
Clearwater. Clearwater has been a member of FGU since October 2000 and
currently has an All Requirements Agreement with FGU that was executed on
February 15, 2002.
3.3 Approve a Utility Work By Highway Contractor Agreement with the State of
Florida's Department of Transportation to install natural gas mains during
improvement project, FPN: 409155-1-56-01/Pinellas County, SR688 (Ulmerton
Rd) from West of By-Pass Canal to East of Wild Acres Rd, at an estimated cost
of$260,440.50, adopt Resolution 11-14, and authorize the appropriate officials
to execute same.
The Florida Department of Transportation (FDOT) has a project to widen/improve
SR688 (Ulmerton Rd) from West of By-Pass Canal to East of Wild Acres Rd,
including roadway, sidewalk, signalization, drainage and other improvements.
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We propose to install approximately 7,400 feet of gas main, which will replace
95% of our existing facilities due to construction conflicts.
Under the Utility Work By Highway Contractor Agreement (UWHCA), the State of
Florida's Department of Transportation general contractor will perform the
relocation/replacement of our existing natural gas mains. Having the State of
Florida's Department of Transportation general contractor install the natural gas
mains allows for work to be done in a timely manner and releases Clearwater Gas
System from penalty payments. Funding for this agreement is available in capital
project 315-96377 - Pinellas New Mains and Service Lines.
4. Marine and Aviation
4.1 Approve Lease (520010893) with the Board of Trustees of the Internal
Improvement Trust Fund (TIIF) of the State of Florida for use of sovereign
submerged lands beneath Pier 60 through April 1, 2016, authorize the
appropriate officials to execute same and Adopt Resolution 11-04.
The 5-year lease renewal document prepared by the State for use of submerged
land under Pier 60 terminated April 1, 2011. The lease premises underlay the Pier
60 footprint on Clearwater Beach and include 14,450 sq. ft., more or less, of state
bottomlands.
On January 18, 2011, the Marine and Aviation Department provided timely notice
to the Department of Environmental Properties (DEP), Bureau of Public Land
Administration of the City's interest in renewing the subject lease for another five
years. The renewal is processed after a site inspection and the new rates come
out annually in March.
The lease remains substantially unchanged except for the annual Consumer Price
Index increases. The city paid an annual lease fee for 2011/2012 of$4,526.40 on
April 5, 2011, from the Pier 60 operating budget. DEP bases this fee on a rate
chart category of two times the aquatic preserve with natural shoreline. The
charge was .31324 times the 14,450 sq. ft. of bottomland. The cost of renewing
the lease instrument for five years is $581.00.
In January 1, 2006, DEP implemented a new rule whereby all revenue taken in
annually from April through March for fish admission, general admission, and fish
passes must be reported. This amount is multiplied by 6% and the annual lease
fee is subtracted from it. Any balance remaining is payment required back to DEP.
The income made on admission and fish passes from April 2010 through March
2011 was $208,605.01. This amount times 6% is $12,516.30. Because this is
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more than the 2010/2011 base fee of$4,429.82, the city will pay DEP an
additional $8,086.48 from the Pier operating fund.
5. Parks and Recreation
5.1 Approve an agreement between the City of Clearwater (City) and the Early
Learning Coalition of Pinellas County (Agency) to provide summer camp
subsidies for children ages five to eleven years old from June 13, 2011 through
August 19, 2011 and authorize the appropriate officials to execute same.
consent
The Parks and Recreation Department conducts summer day camp programs for
youth between the ages of five to fifteen years old. The City has partnered with
various agencies and government entities to provide funding for these programs,
i.e. JWB, scholarships, etc. Previously the City received funds and oversight for
this program from Coordinated Child Care of Pinellas, Inc. as the contract agency.
This year that responsibility is being handled by the Early Learning Coalition of
Pinellas County, a non-profit, 501 c (3) agency. Under this agreement, the City
will receive funds for children to attend one of our many summer camps that are
held at North Greenwood Recreation Complex, Ross Norton Recreation Complex,
Countryside Recreation Center, The Long Center and Moccasin Lake Nature
Park. Children must meet the economic eligibility criteria as established by the
Agency to receive childcare subsidy. The City anticipates receiving $20,000
from this program. Based upon previous years this will accommodate
approximately 30 youths. Day camps are a vital part of summer programming
and provide many benefits not only to the parents and children, but also to
employers. According to the U. S. Department of Labor, childcare resource and
referral services can reduce employee absence due to childcare by forty percent.
By addressing childcare needs, employers assure themselves of a more
productive, more satisfied workforce (Coordinated Child Care statistic).
Participants in this program receive a developmentally appropriate curriculum and
character education. Additionally, this program allows parents to focus on
professional and educational goals, which can help to break the cycle of poverty.
There is no requirement to continue the program when the grant ends. Funding
for this grant program will be deposited in an existing account for this program,
181-99872 Coordinated Child Care.
5.2 Award a contract (Purchase Order) to Certus Builders of Tampa, Florida, Bid 07-
0035-PR-D, for the sum of$526,363.20 (including Alternates 2 and 3 and 10%
contingency), for the construction of a multipurpose building including restrooms,
storage, concessions and office/meeting room, at the Joe DiMaggio Sports
Complex; to be funded from CIP 315-93622, Joe DiMaggio Restroom/Storage
Building and authorize the appropriate officials to execute same. (consent)
Council 5/16/2011 8
On November 16, 2010, the City Council approved changes to the Penny for
Pinellas III project list including the funding for a new multipurpose building to
service the many programs and activities held at the Joe DiMaggio Sports
Complex located at the NW corner of Drew Street and Old Coachman Road.
The scope of the project was to construct a new building (approximately 4,300 sq.
ft.) similar to the design used at the Countryside Recreation Complex, which
included restrooms, storage, concessions and office/meeting room. Since the
demolition of the St. Petersburg College Field House in 2007, there have been no
indoor facilities to service the co-sponsor groups and rentals that use this
property. Participants and visitors to this large sports complex have to use
portable restroom facilities as well as rental containers for storage and offices.
This contract will provide for the construction of the new building including all site
work. Alternates 2 and 3 provide for Silikal flooring in the office/meeting room,
which will reduce long-term maintenance of the floors. Furnishing for the building
and kitchen will be provided under a separate contract. Completion is scheduled
for October 2011.
In response to questions, Parks and Recreation Director Kevin Dunbar said the size of
the building, the public restrooms, concession area and covered area contributed to the
cost. The facility will be operated by the cosponsor groups; it is expected the user fees
will cover the operating fees. The restrooms will be maintained by the cosponsor
groups; they will be locked and unavailable during the off-season.
5.3 Ratify and confirm the City Managers approval to increase Purchase Order
ST107086 with Wannemacher Jensen Architects, Inc from $95,243 to $112,193
for additional work needed to complete the design for the North Greenwood
Recreation Aquatics Center and Library Renovations. (consent)
Wannemacher Jensen Architects, Inc. (WJA) was hired by the City to do all
architectural work related to the renovations and expansion of the North
Greenwood Recreation Aquatics Center and Library. They were requested to
fast track the design so that construction would begin this summer and be
completed prior to closing the Martin Luther King Jr. Recreation Center. Due to
several heavy rains at the Center over the past several months, the entrance to
the center was flooded and the water entered the building. In order to correct
this situation and be able to provide an improved entrance and drop-off area, staff
requested that WJA provide a design to correct the drainage issues as well as
provide for a covered walkway to the parking lot. Additional funding was needed
for mechanical engineering and design work for enhancements to the library
computer lab. The covered walkway will provide for better access to the building
during inclement weather for all patrons but most notably for senior adults and
children who need to be dropped-off. In order to continue with the design and be
Council 5/16/2011 9
able to meet the design and construction schedule the City Manager approved
staffs recommendation to increase the contract for WJA from $95,243 to
$112,193. Funds are available in CIP 315-93621, North Greenwood Recreation
Center Renovation. Staff is recommending that the Council ratify and confirm this
decision.
Staff was directed to take Item 5.3 off the consent agenda.
6. Police
6.1 Amend an existing Interlocal Agreement between the Community
Redevelopment Agency (CRA) and the City of Clearwater authorizing two full-
time equivalent positions to provide Community Police Officers for the East
Gateway area of the CRA and authorize the appropriate officials to execute
same. (consent)
On September 7, 2010, the City Council approved an Interlocal Agreement
between the CRA and the City of Clearwater to underwrite the cost of additional
Community Policing Services by the Clearwater Police Department (CPD) in the
East Gateway CRA District. The Agreement set forth the scope of services and
terms for the third year of a five-year project designed to increase police presence
and reduce crime in the East Gateway District.
The first two years of the project were so successful that CPD officers far
exceeded the stated goals of 25% increases in the numbers of criminal charges
filed against drug dealers; numbers of FIRS/Reports taken on suspected gang
members; arrests/citations for violation of criminal laws and ordinances; and
trespass warnings. In fact, the first two years of the project resulted in a 150%
increase in the number of drug arrests in the East Gateway District. Overall
arrests and citations increased 99% over the two-year period.
Because the police have excelled in eradicating many of the problems that
previously plagued the East Gateway District, it is now necessary to modify the
goals and outcome measures accordingly. Rather than aiming to increase
activities by 25% each year, Clearwater is revising the goals to state that 100% of
all of these crimes and violations will result in an arrest, citations or an FIR/Report
being taken.
Clearwater Police also wish to revise the Agreement's requirement that two police
officers provide law enforcement services in the East Gateway area eight hours
per day, five days per week, with coverage primarily in the evening hours. In order
to allow more flexibility on the part of the Community Policing Team and Police
Management in providing the necessary services to the East Gateway community,
it is requested that the Agreement be revised to allow the officers to work 40
Council 5/16/2011 10
hours per week on an as-needed basis. Officers have observed that a 10-hour
workday is often more effective than an 8-hour shift. It has also been noted that
with the new Anti-Crime Team working during the evening hours, the need for a
police presence by the Community Policing Team during the daytime is more
practical.
Section 4, Objective 3, has also been revised to eliminate the reference to the
Rules of Conduct and the Clearwater Homeless Intervention Project (CHIP),
which will cease operations as of May 15, 2011.
There are no additional costs associated with these revisions and it is anticipated
that the Community Police Team will function more efficiently with these changes
in place.
7. Engineering
7.1 Award a contract (purchase order) to Gregory Electric Co. Inc., Florida, to
construct a reclaimed water system in Clearwater Harbor and decommission Lift
Station 21 in the amount of$1,882,577.11, which is the lowest responsible bid
received in accordance with plans and specifications; approve a work order to
Engineer of Record, McKim and Creed Engineering Associates, Inc. in the
amount of$123,470.00 to provide Construction, Engineering and Inspection
(CEI) services and authorize the appropriate officials to execute same. (consent)
The project scope includes installing approximately 20,000 linear feet (LF) of
various sized reclaimed mains by horizontal directional drill and 6000 LF by open
cut to provide reclaimed water to 450 reclaimed water services within the
Clearwater Harbor neighborhood. Due to the location of a proposed reclaimed line
being the same as a new gravity sewer line, the Lift Station (LS) 21
Decommissioning project is combined with the reclaimed project. The LS
Decommissioning scope includes construction of 750 LF of gravity sewer main
and four new manholes along Harbor Drive and removal of the existing LS 21
along with 715 LF of gravity pipe.
Gregory Electric is the low bidder by approximately $200,000 and is 11% less
than the final Engineer's estimate. The City received six bids for the project
ranging from $1.88 to $2.34 million with the average being $2.17 million. McKim
and Creed was the design consultant for this project and will provide CEI services
upon approval of the work order. McKim and Creed has reviewed Gregory
Electric's bid and has provided a recommendation of award. The construction
phase is anticipated to take 10 months and is scheduled for completion by April
Council 5/16/2011 11
31, 2012. The Public Utilities Department shall own and maintain the proposed
improvements included in this contract.
The design, construction and CEI of Clearwater Harbor Reclaimed Water project
is funded by Southwest Florida Water Management District (SWFWMD) up to
50% for a maximum amount not to exceed $1,102,025 as approved by City
Council May 6, 2010.Sufficient budget and funding is available in the following
projects: 2009 Water and Sewer Revenue Bond proceeds in 0376-96739,
Reclaimed Water Distribution System, in the amount of$652,177.39, 0376-96665,
Sanitary Sewer R and R in the amount of$177,285.90, and Utility R and R
revenue in 0327-96665, Sanitary Sewer R & R in the amount of$274,648.89, and
0327-96739, Reclaimed Water Distribution System in the amount of$10,728.27
for a total of$1,114,840.45 for these contracts.
A mid-year amendment will increase budget only in Capital Improvement Program
project 0315-96739, Reclaimed Water Distribution System of Other Governmental
Revenues (337900) for SWFWMD's share of the project in the amount of
$891,206.66 to provide total funding in the amount of 2,006,047.11 to fund the
construction and CEI.
Staff requested item be continued to a date uncertain.
7.2 Grant and convey to Florida Power Corporation, doing business as Progress
Energy Florida, Inc., a Florida corporation (Grantee) two 10-foot wide Distribution
Easements in Sections 29 and 32 respectively, Township 28 South, Range 16
East, as more particularly described in the respective exhibits, in consideration of
the mutual benefits, covenants and conditions contained therein and authorize
appropriate officials to execute same. (consent)
On January 15, 2009, Council approved a contract with Southeast Drilling
Services, Inc. for the construction of Water Treatment Plants 1 and 3 Wellfield
Expansion Project -Phase 1 (Project 07-0037-UT) to expand total water
production for the City of Clearwater. All eleven contracted production wells have
been installed and are operational.
The subject Distribution Easements grant Progress Energy authority five feet (5
ft.) each side of its installed electrical distribution lines that provide power for Well
Council 5/16/2011 12
79 in the city's Enterprise Road Dog Park and for Wells 3-1 and 3-5 within the
boundaries of the Countryside Recreation Center off Sabal Springs Drive.
8. Planning
8.1 Approve the Annexation, Land Use Plan Amendment from Residential Urban
(RU) and Water/Drainage Feature (County) to Institutional (1) and
Water/Drainage Feature, and Zoning Atlas Amendment from Agricultural Estate
Residential District (A-E) (County) to Institutional (1) for one parcel of land located
generally on the south side of Nursery Road and 495 feet west of South Haven
Drive; and pass Ordinances 8251-11, 8252-11, and 8253-11 on first
read ing.(ANX2011-02001, LUP2011-02003 and REZ2011-02003)
This subject site consists of one parcel of land, 1.243 acres in area located
generally on the south side of Nursery Road and 495 feet west of South Haven
Drive. This annexation, land use plan amendment and rezoning is requested by
the applicant, Unity Clearwater, Inc. (Unity Church) owner of the adjacent large
parcel of land to the east. The applicant intends to use the property for church
support facilities. Currently the parcel is occupied by a single-family dwelling and
a natural pond. The parcel is contiguous on the east and north side to existing city
boundaries.
Along with the voluntary annexation, the request is to change the future land use
classification of Residential Urban (RU) and Water/Drainage Feature (County) to
Institutional (1) and Water/Drainage Feature and the zoning designation of
Agricultural Estate Residential District (A-E) (County) to Institutional (1). The
applicant is requesting to amend the Future Land Use Map and Zoning Atlas in
order to consolidate the church's holdings into the appropriate land use category
and zoning district.
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 parcel currently has a single-family dwelling and a natural pond on the rear of
the site. The applicant is not receiving any city services at this time and is
requesting sanitary sewer and water services. The applicant has paid the city's
water and sewer impact and assessment fees and is aware of the additional costs
to extend water and sewer services to this property. 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 water, sanitary sewer, solid
Council 5/16/2011 13
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.5.3.7 Support the continued existence of the residential and institutional
character along Nursery Road between Belcher and U.S. 19 by precluding the
expansion of existing commercial areas.
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.
The parcel is contiguous on the north and east sides 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 and Development 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.
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.
Council 5/16/2011 14
The Community Development Board reviewed the Future Land Use Plan
amendment and rezoning applications at its public hearing on April 19, 2011 and
the Community Development Board unanimously recommended approval.
8.2 Deny a Future Land Use Map Amendment from the Residential/Office General
(R/OG), Residential Urban (RU) and Commercial General (CG) classifications to
the Residential/Office/Retail (R/O/R) Classification and a Zoning Atlas
Amendment from the Office (0) and Low Medium Density Residential (LMDR)
districts to the Commercial (C) District, and a Development Agreement between
Cay 1475, LLC (the property owner) and the City of Clearwater for property
located at 1475 Sunset Point Road (unplatted land in NW of SW of Section 2,
Township 29 South, Range 15 East, and part of Lot 9 Brentwood Estates) : do
not pass Ordinances 8254-11 and 8255-11 on first reading and do not adopt
Resolution 11-09. (LUP2011-01001, REZ201 1-01001 and DVA201 1-0100 1)
This future land use map amendment, rezoning application and development
agreement involves a 1.52-acre parcel, located on the south side of Sunset Point
Road, approximately 150 feet west of North Highland Avenue. This property has
Future Land Use Map classifications of Residential/Office General (R/OG),
Residential Urban (RU) and Commercial General (CG) and zoning designations of
Office (0) and Low Medium Density Residential (LMDR). The applicant is
requesting to amend the future land use classification to the
Residential/Office/Retail (R/O/R) classification and the zoning district to the
Commercial (C) District.
The subject property functioned as a bank beginning in 1965 and ending in May
2007 with the closure of Bank of America. The former bank site contains a
building, parking lot, and entrance on the north portion of the property fronting on
Sunset Point Road, and a drive through and drive isle traversing the eastern
portion of the property and connecting to Highland Avenue. Retail sales and
services is the proposed use (a Family Dollar store).
The Planning and Development Department has determined that the proposed
future land use map amendment and zoning atlas amendment is inconsistent with
the Community Development Code as specified below:
The proposed amendment is inconsistent with the Comprehensive Plan, the
Countywide Plan Rules, and the Community Development Code.
The proposed amendment conflicts with the character of the neighborhood.
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The available uses in the Commercial (C) District are incompatible with the
surrounding area.
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 applicant is requesting approval of a Development Agreement in conjunction
with the proposed future land use plan amendment and zoning atlas amendment.
Retail Sales and Services use of up to 8,320 square feet of non-residential floor
area (0.125 Floor Area Ratio) at a maximum height of 25 feet is proposed. The
proposed Development Agreement will be in effect for a period not to exceed ten
(10) years and requires the Developer to restrict certain uses, such as adult
entertainment, nightclubs or bars with on premises consumption and new and
used car sales.
The Planning and Development Department has determined that the proposed
Development Agreement is inconsistent with the City's Comprehensive Plan.
The Community Development Board will review these applications at its public
hearing on May 17, 2011. The Planning and Development Department will report
its recommendation at the May 19, 2011 City Council meeting.
8.3 Approve amendments to the Clearwater Comprehensive Plan addressing minor
editorial changes within the Conservation and Capital Improvements Elements,
and pass Ordinance 8256-11 on first reading. (CPA2011-03001)
The Planning and Development Department is recommending amendments to the
Clearwater Comprehensive Plan that would modify references to water quality
criteria regulations, correct a reference to the 25-year floodplain map, and correct
a table within the Capital Improvements Element.
Staff evaluated the proposed amendment pursuant to Community Development
Code Section 4-6035. and finds that the amendment is consistent with the code
and furthers the implementation of the comprehensive plan.
The Community Development Board reviewed and unanimously recommended
approval of the proposed comprehensive plan amendment at noticed public
hearing on April 19, 2011.
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As this is a text amendment to the Clearwater Comprehensive Plan, review and
approval by the Florida Department of Community Affairs is required.
9. Legal
9.1 Adopt Ordinance 8258-11 on second reading, amending Section 4.23, Code of
Ordinances, to extend the operating hours of the Airpark from 7.00 am to 11.00
Staff was requested to provide additional information regarding the Airpark's profitability
requirements; confirm if pending grant for the hangar requires an extension to operating
hours; and criteria for one-year evaluation period.
In response to questions, Marine and Aviation Director Bill Morris said there have been
two jets that have landed at the Airpark since 2002. There are no jets hangared at the
Airpark. The grant does not require any changes to the operating hours. The Airport
Guide requires pilots fly left upon take-off; the Clearwater Airpark requires pilots to fly
right upon take-off in an effort to be neighborhood friendly.
9.2 Adopt Ordinance 8259-11 on second reading, vacating a non-exclusive
easement for sidewalk, drainage, utilities, and for the parking of motor vehicles
located on the Clearwater Marine Aquarium property, 249 Windward Passage,
subject to conditions.
10. City Manager Verbal Reports — None.
11. Council Discussion Items
11.1 Clearwater Beach Association Request for Protective Measures for Sand Dunes
and Vegetation Growth
Environmental Manager Ed Chesney said staff has drafted a letter to be mailed this
week and the Environmental Advisory Board has scheduled a special meeting this
Wednesday to discuss sand dunes. The Florida Department of Environmental
Protection (DEP) has issued a permit to a resident on Eldorado Avenue to remove sand
behind the patio. Some Clearwater Beach residents have raised concerns that the
individual has worked outside the scope of the issued permit. Staff has reported the
matter to DEP and requested a follow-up; staff has not received a response from DEP.
In response to a question, Assistant City Attorney Leslie Dougall-Sides said Florida
Statutes does provide for fines in the administrative rules. DEP may enforce the
misdemeanor provision.
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11.2 Homelessness - Councilmember Jonson
Councilmember Bill Jonson requested guidance regarding the Homeless Leadership
Network and chronic homelessness.
Discussion ensued with comments made that chronic homelessness is not the highest
priority and efforts to address homelessness in Pinellas County is disorganized and
lacks County leadership. The City Manager said he has contacted St. Vincent de Paul
regarding relocating the soup kitchen outside of the gateway; the conversations have
not been successful.
11.3 Provide direction regarding allowing contractors who provide landscape services
to senior citizens to leave debris disposal for the city to collect. (WSO)
On October 21, 2010 and November 16, 2010, a Clearwater Beach resident
requested City Council to repeal or not enforce Code of Ordinances Section
32.274(8), Article 7 - Solid Waste Management, as it pertains to landscapers
servicing homes and leaving the debris for the Solid Waste Department to pick
up. After discussion, it was determined that this request was not in the best
interest of the City and Council therefore did not grant the citizen's.
Staff is requesting direction regarding allowing contractors who provide
landscape services to senior citizens to leave debris disposal for the solid waste
department. Allowing this exemption will require an ordinance revision.
Concerns were expressed regarding providing an exemption for a particular group.
There was no consensus to pursue the exemption.
12. Closing Comments by Mayor— None.
13. Adjourn
The meeting was adjourned at 11:35 a.m.
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