07/18/2013 CLEARWATER CITY COUNCIL MEETING MINUTES
CITY OF CLEARWATER
July 18, 2013
Present: Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember
Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember
Jay E. Polglaze.
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 in agenda order although not
necessarily discussed in that order.
1. Call to Order - Mayor George N. Cretekos
The meeting was called to order at 6:00 p.m. at City Hall.
2. Invocation
3. Pledge of Allegiance -Vice Mayor Paul Gibson
4. Presentations - Given.
4.1 Service Awards
One service award was presented to a city employee.
4.2 Commission for Florida Law Enforcement Accreditation - CPD
5. Approval of Minutes
5.1 Approve the minutes of the June 19, 2013 City Council Meeting as submitted in
written summation by the City Clerk.
Councilmember Bill Jonson moved to approve the minutes of the June 19, 2013 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 - None.
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Public Hearings - Not before 6:00 PM
7. Administrative Public Hearings
7.1 Approve the City of Clearwater's Fiscal Year 2013-2014 Consolidated Annual
Action Plan, to carry forward the goals and objectives set forth in the Fiscal
Years 2011-2016 Five-Year Consolidated Plan, as required by HUD, and
authorize the City to enter into agreements with organizations contained in the
Fiscal Year 2013-2014 Consolidated Annual Action Plan.
The U.S. Department of Housing and Urban Development (HUD) requires
communities that receive entitlement Community Development Block Grant
Program (CDBG) and HOME Investment Partnership Program (HOME) funding to
prepare a comprehensive five-year consolidated planning document that
evaluates the needs of the community and sets forth strategies to address those
needs. The Fiscal Years 2011-2016 Consolidated Annual Action Plan is mainly a
continuation of our prior Consolidated Plan and was completed in 2011. The Plan
includes an executive summary, community profile, strategic plan, annual action
plan, citizen participation plan and an analysis of fair housing and certifications.
The community profile and the strategic plan are the two major components of the
document. The community profile identifies the demographics and the strategic
plan identifies the needs and how they are going to be addressed.
In addition, the City is required to create and implement an annual action plan
identifying the sources and uses of federal money for housing, community and
economic development. This annual plan, referred to as a Consolidated Annual
Action Plan, provides HUD with the City's housing, community and economic
development budget and proposed expenditures based on the entitlement funds
and estimated program income that the City will receive in the upcoming fiscal
year to meet the goals established in the Five-Year Plan.
In Fiscal Year 2013-2014, the City is estimated to receive federal funds in the
amount of$756,486 through the Community Development Block Grant (CDBG)
and $290,091 through the HOME Investment Partnership Program (HOME). The
total Fiscal Year 2013-2014 entitlement allocation budget is $1,046,577. Funds
provided through the HOME Program are limited to housing-related activities and
administration. Funds provided through the CDBG Program may be used for
housing, community and economic development, public services and facilities,
acquisition, relocation, demolition and administration. Additional funding for the
Fiscal Year 2013-2014 budget will come from estimated program income funds
and unprogrammed prior year CDBG, HOME, SHIP and Pinellas County Housing
Trust funds (loan repayments, loan payoffs, recaptured funds, etc) estimated at
$584,539. Other funds may include those from the Neighborhood Stabilization
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Program 3 (NSP3) and leverage from private sector investments. Total budget for
Fiscal Year 2013-2014 is $1,631,116.
The City partners with several non-profit agencies to implement the goals and
objectives the City had established in the Consolidated Planning Document. To
obtain these partners, the City annually publishes a Notice of Funding Availability
(NOFA) in the local newspaper and on its website. This notice informs the non-
profits of the resources the City will make available and the eligible uses of these
resources. It also informs them of the application period for requesting funds. This
year the applications were due in April and the City received a total of 19
applications for funding requests.
A Technical Review Committee (TRC), comprised of professionals in the social
service and grants community and two members of the City's Neighborhood and
Affordable Housing Advisory Board (NAHAB), reviewed the applications, scored
them and set forth a strategy to maximize the number of applicants that will
receive a portion of allocated funds. Applicants were given an opportunity to
present at the monthly NAHAB meeting regarding their programs. City staff also
reviewed each application to ensure it met HUD's baseline requirements. The
NAHAB met on May 20, 2013 to approve the recommended allocations contained
in the Fiscal Year 2013-2014 Consolidated Annual Action Plan.
Each year, the City may allocate up to 15% of its CDBG allocation for Public
Services organizations. The City may also provide funds for operating expenses
to subrecipients who qualify as a Community Based Development Organization
while the City's Housing Division received requests for Public Services funding in
the amount of$293,620, we were only able to allocate $128,620 to eleven (11)
organizations. The NAHAB has endorsed a sliding scale funding system for Public
Services applicants that allows the top two scorers to receive 60% of their
request, the second two receive 50% of their request, and others receive 40% of
their request until all of the allowable funds are allocated. The maximum allocation
per agency's request is $30,000. This method allows a majority of the Public
Services applicants to receive funding. All organizations that will be receiving an
allocation will have agreements prepared and executed by October 1, 2013. Staff
monitors these organizations for compliance on a yearly basis.
The City will target funding efforts for Housing Activities in the Rehabilitation and
Down Payment and Closing Cost Assistance Programs.
The Consolidated Annual Action Plan is due to HUD on August 15, 2013.
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Economic Development and Housing Director Geri Campos Lopez provided a
PowerPoint presentation.
In response to questions, Ms. Campos Lopez said CDBG grant allows the City to use
20% of the awarded funds for administration; HOME allows 10%, and delivery functions
on a per cost basis. Housing Manager Mike Holmes said program delivery functions
are contracted services, or city staff time, for acquisition, rehabilitation and economic
development.
Councilmember Jay Polglaze moved to approve the City of Clearwater's Fiscal Year
2013-2014 Consolidated Annual Action Plan, to carry forward the goals and objectives
set forth in the Fiscal Years 2011-2016 Five-Year Consolidated Plan, as required by
HUD, and authorize the City to enter into agreements with organizations contained in
the Fiscal Year 2013-2014 Consolidated Annual Action Plan. The motion was duly
seconded and carried unanimously.
7.2 Approve the Annexation, Initial Land Use Plan Designations of Residential
Suburban (RS) and Water/Drainage Feature and Initial Zoning Atlas Designation
of Low Density Residential (LDR) District for 3030 Union Street (consisting of a
portion of the West 1/2 of the Southwest 1/4 of the Southwest 1/4 of Section 33,
Township 28 South, Range 16 East); and pass Ordinances 8424-13, 8425-13
and 8426-13 on first reading. (ANX2013-04008)
This voluntary annexation petition involves a 17.50-acre property consisting of
one parcel of land and a portion of a second parcel occupied by a single-family
dwelling and a barn for boarding horses. It is located on the north side of Union
Street, approximately 640 feet west of McMullen Booth Road. The applicant is
requesting this annexation in order to receive water, sanitary sewer and solid
waste service from the City, and has submitted plans to redevelop the site as a
43-lot residential subdivision. The property is contiguous to existing city
boundaries to the west. It is proposed that the property be assigned Future Land
Use Plan designations of Residential Suburban (RS) and Water/Drainage Feature
and a zoning category of Low Density Residential (LDR). A second Petition for
Annexation is being processed concurrently with this application for a 1.79-acre
portion of the overall redevelopment site (ANX2013-05011).
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 property does not currently receive any services from the City. Connection to
the City's sanitary sewer is available at the southwest corner of the project, and
the developer would be responsible for providing sewer connections to each new
house and for connecting the overall development to the City's sanitary sewer
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system. The applicant will pay the City's sewer impact fee at the time of
construction and is aware of the additional costs to extend City sewer service to
this property. Coordination with the City's Public Utilities Department is necessary
at the time of development in order to connect to the City's Potable Water system.
Collection of solid waste will be provided by the City of Clearwater. The property is
located within Police District 111 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 waste, police, fire and EMS service. The
proposed annexation will not have an adverse effect on public facilities and their
levels of service; and
The proposed annexation is consistent with and promotes the following objective
of the Clearwater Comprehensive Plan:
Objective A.6.4 Due to the built-out character of the City of Clearwater, compact
urban development within the urban service area shall be promoted through
application of the Clearwater Community Development Code.
Objective A.7.2 Diversify and expand the City's tax base through the annexation
of a variety of land uses located within the Clearwater Planning Area.
Policy A.7.2.3 Continue to process voluntary annexations for single-family
residential properties upon request.
The proposed Residential Suburban (RS) and Water/Drainage Feature Future
Land Use Plan categories are consistent with the current Countywide Plan
designation of this property. The RS designation primarily permits residential uses
at a density of 2.5 units per acre, while the Water/Drainage Feature designation is
used to indicate water bodies and/or drainage features on parcels. The proposed
zoning district to be assigned to the property is the Low Density Residential (LDR)
District. The current and proposed single-family residential 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 existing use of a
portion of the property for the boarding of horses is not explicitly allowed by the
City's Community Development Code; however, the property is currently under
contract for sale, and it is anticipated that upon approval of the proposed
development, the sale will be complete and the existing owners will vacate the
property. In the interim, this would be a legally nonconforming use within the City.
The proposed annexation is therefore consistent with the Countywide Plan and
the City's Comprehensive Plan and Community Development Code; and
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The property proposed for annexation is contiguous to existing city boundaries to
the west; therefore, the annexation is consistent with Florida Statutes Chapter
171.044.
Vice Mayor Paul Gibson moved to Approve the Annexation, Initial Land Use Plan
Designations of Residential Suburban (RS) and Water/Drainage Feature and Initial
Zoning Atlas Designation of Low Density Residential (LDR) District for 3030 Union
Street (consisting of a portion of the West 1/2 of the Southwest 1/4 of the Southwest 1/4
of Section 33, Township 28 South, Range 16 East). The motion was duly seconded
and carried unanimously.
Ordinance 8424-13 was presented and read by title only. Councilmember Bill Jonson
moved to pass Ordinance 8424-13 on first reading. The motion was duly seconded and
upon roll call, the vote was:
'Ayes Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember
Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember
Jay E. Polglaze.
"Nays None.
Ordinance 8425-13 was presented and read by title only. Councilmember Doreen
Hock-DiPolito moved to pass Ordinance 8425-13 on first reading. The motion was duly
seconded and upon roll call, the vote was:
"Ayes Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember
Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember
Jay E. Polglaze.
"Nays None.
Ordinance 8426-13 was presented and read by title only. Councilmember Jay E.
Polglaze moved to pass Ordinance 8426-13 on first reading. The motion was duly
seconded and upon roll call, the vote was:
"Ayes Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember
Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember
Jay E. Polglaze.
"Nays None.
Council 2013-07-18 6
7.3 Approve the Annexation, Initial Land Use Plan Designation of Residential
Suburban (RS) and Initial Zoning Atlas Designation of Low Density Residential
(LDR) District for 3030 Union Street (consisting of a portion of the West 1/2 of
the Southwest 1/4 of the Southwest 1/4 of Section 33, Township 28 South,
Range 16 East); and pass Ordinances 8427-13, 8428-13 and 8429-13 on first
reading. (ANX2013-05011)
This voluntary annexation petition involves a 1.79-acre property consisting of a
portion of a parcel of land containing fields associated with an adjacent barn used
for boarding horses. It is located on the north side of Union Street, approximately
640 feet west of McMullen Booth Road. The applicant is requesting this
annexation in order to receive water, sanitary sewer and solid waste service from
the City, and has submitted plans to redevelop the site as a 43-lot residential
subdivision. It is proposed that the property be assigned a Future Land Use Plan
designation of Residential Suburban (RS) and a zoning category of Low Density
Residential (LDR). A second Petition for Annexation is being processed
concurrently with this application for the southern portion of this parcel and a
second parcel, which are also part of the overall redevelopment site (ANX2013-
04008). The property is contiguous to existing city boundaries to the west, and
upon approval of ANX2013-04008 will be contiguous to city boundaries to the
south.
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 property does not currently receive any services from the City. Connection to
the City's sanitary sewer is available at the southwest corner of the project, and
the developer would be responsible for providing sewer connections to each new
house and for connecting the overall development to the City's sanitary sewer
system. The applicant will pay the City's sewer impact fee at the time of
construction and is aware of the additional costs to extend City sewer service to
this property. Coordination with the City's Public Utilities Department is necessary
at the time of development in order to connect to the City's Potable Water system.
Collection of solid waste will be provided by the City of Clearwater. The property is
located within Police District III and service will be administered through the
district 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 waste, police, fire and EMS service. The
proposed annexation will not have an adverse effect on public facilities and their
levels of service; and
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The proposed annexation is consistent with and promotes the following objective
of the Clearwater Comprehensive Plan:
Objective A.6.4 Due to the built-out character of the City of Clearwater, compact
urban development within the urban service area shall be promoted through
application of the Clearwater Community Development Code.
Objective A.7.2 Diversify and expand the City's tax base through the annexation
of a variety of land uses located within the Clearwater Planning Area.
Policy A.7.2.3 Continue to process voluntary annexations for single-family
residential properties upon request.
The proposed Residential Suburban (RS) 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 2.5 units per acre.
The proposed zoning district to be assigned to the property is the Low Density
Residential (LDR) District. The proposed single-family residential 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 existing use of the
property for the boarding of horses is not explicitly allowed by the City's
Community Development Code; however, the property is currently under contract
for sale, and it is anticipated that upon approval of the proposed development, the
sale will be complete and the existing owners will vacate the property. In the
interim, this would be a legally nonconforming use within the City. The proposed
annexation is therefore consistent with the Countywide Plan and the City's
Comprehensive Plan and Community Development Code; and
The property proposed for annexation is contiguous to existing city boundaries to
the west, and upon approval of ANX2013-04008 will be contiguous to city
boundaries to the south; therefore the annexation is consistent with Florida
Statutes Chapter 171.044.
Vice Mayor Paul Gibson moved to Approve the Annexation, Initial Land Use Plan
Designation of Residential Suburban (RS) and Initial Zoning Atlas Designation of Low
Density Residential (LDR) District for 3030 Union Street (consisting of a portion of the
West 1/2 of the Southwest 1/4 of the Southwest 1/4 of Section 33, Township 28 South,
Range 16 East). The motion was duly seconded and carried unanimously.
Ordinance 8427-13 was presented and read by title only. Councilmember Bill Jonson
moved to pass Ordinance 8427-13 on first reading. The motion was duly seconded and
upon roll call, the vote was:
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'Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember
Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember
Jay E. Polglaze.
"Nays": None.
Ordinance 8428-13 was presented and read by title only. Councilmember Doreen
Hock-DiPolito moved to pass Ordinance 8428-13 on first reading. The motion was duly
seconded and upon roll call, the vote was:
"Ayes". Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember
Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember
Jay E. Polglaze.
"Nays": None.
Ordinance 8429-13 was presented and read by title only. Councilmember Jay E.
Polglaze moved to pass Ordinance 8429-13 on first reading. The motion was duly
seconded and upon roll call, the vote was:
"Ayes". Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember
Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember
Jay E. Polglaze.
"Nays": None.
7.4 Approve the annexation, initial Future Land Use Map designation of Residential
Urban (RU) and initial Zoning Atlas designation of Low Medium Density
Residential (LMDR) District for 2080 Lantana Avenue (Lot 7, Block C, Brook
Lawn in Section 3, Township 29 South, Range 15 East); and pass Ordinances
8420-13, 8421-13 and 8422-13 on first reading. (ANX2013-04010)
This voluntary annexation petition involves a 0.129-acre property consisting of
one parcel of land occupied by a single-family dwelling. It is located on the north
west corner of Lantana Avenue and Arbelia Street. The applicant is requesting
annexation in order to receive solid waste service from the City, and will connect
to city sewer when it is available in the future, as part of the City's Idlewild/The
Mall Septic-to-Sewer Project. The property is contiguous to existing City
boundaries to the east and south. It is proposed that the property be assigned a
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Future Land Use Map designation of Residential Urban (RU) and a Zoning Atlas
designation of Low Medium Density Residential (LMDR).
The Planning and Development Department determined that the proposed
annexation is consistent with the provisions of Clearwater Community
Development Code Section 4-604.E as follows:
The property currently receives water service from the City. Collection of solid
waste service will be provided to the property by the City. The applicant will
connect to the City's sanitary sewer service when it is available, and is aware of
the fee that must be paid in order to connect and the financial incentives available.
The property is located within Police District 11 and service will be administered
through the district headquarters located at 645 Pierce Street. Fire and
emergency medical services will be provided to this property by Station 51 located
at 1720 Overbrook Avenue. The City has adequate capacity to serve this property
with sanitary sewer, solid waste, police, fire and EMS service. The proposed
annexation will not have an adverse effect on public facilities and their levels of
service; and
The proposed annexation is consistent with and promotes the following objective
of the Clearwater Comprehensive Plan:
Objective A.6.4 Due to the built-out character of the City of Clearwater, compact
urban development within the urban service area shall be promoted through
application of the Clearwater Community Development Code.
Objective A.7.2 Diversify and expand the City's tax base through the annexation
of a variety of land uses located within the Clearwater Planning Area.
Policy A.7.2.3 Continue to process voluntary annexations for single-family
residential properties upon request.
The proposed Residential Urban (RU) Future Land Use Map category is
consistent with the current Countywide Plan designation of this property. This
designation primarily permits residential uses at a density of 7.5 units per acre.
The proposed zoning district to be assigned to the property is the Low Medium
Density Residential (LMDR) District. The use of the subject property is consistent
with the uses allowed in the district and the property exceeds the district's
minimum dimensional requirements. The proposed annexation is therefore
consistent with the Countywide Plan and the City's Comprehensive Plan and
Community Development Code; and
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The property proposed for annexation is contiguous to existing City boundaries to
the east and south; therefore, the annexation is consistent with Florida Statutes
Chapter 171.044.
Vice Mayor Paul Gibson moved to approve the annexation, initial Future Land Use Map
designation of Residential Urban (RU) and initial Zoning Atlas designation of Low
Medium Density Residential (LMDR) District for 2080 Lantana Avenue (Lot 7, Block C,
Brook Lawn in Section 3, Township 29 South, Range 15 East). The motion was duly
seconded and carried unanimously.
Ordinance 8420-13 was presented and read by title only. Councilmember Bill Jonson
moved to pass Ordinance 8420-13 on first reading. The motion was duly seconded and
upon roll call, the vote was:
'Ayes Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember
Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember
Jay E. Polglaze.
"Nays None.
Ordinance 8421-13 was presented and read by title only. Councilmember Doreen
Hock-DiPolito moved to pass Ordinance 8421-13 on first reading. The motion was duly
seconded and upon roll call, the vote was:
"Ayes Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember
Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember
Jay E. Polglaze.
"Nays None.
Ordinance 8422-13 was presented and read by title only. Councilmember Jay E.
Polglaze moved to pass Ordinance 8422-13 on first reading. The motion was duly
seconded and upon roll call, the vote was:
"Ayes Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember
Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember
Jay E. Polglaze.
"Nays None.
Council 2013-07-18 11
7.5 Approve a Development Agreement between Bay Esplanade Project LLC (the
Property owner) and the City of Clearwater, providing for the allocation of 55
overnight accommodation units from the Hotel Density Reserve under Beach by
Design; adopt Resolution 13-04, and authorize the appropriate officials to
execute same. (DVA2013-02001)
The 0.95-acre subject property is located at the northeast corner of the Poinsettia
Avenue and Bay Esplanade. The property consists of the following five parcels of
vacant land 05/29/15/54756/082/0010; 05/29/15/54756/082/0020;
05/29/15/54756/082/0110; 05/29/15/54756/082/0120; and
05/29/15/54756/082/0130). The property is located within the Tourist (T) District
and the Resort Facilities High (RFH) Future Land Use Plan category. The subject
property is located in the Old Florida character district of Beach by Design.
The owners of the property propose to build a six-story, 102-room overnight
accommodation with a building footprint of 29,332 square feet with 131 off-street
parking spaces. The building will be 75 feet in height (from base Flood Elevation
to mid-point of decorative roof structure) and 78.4 feet in height (to top of elevator
shaft room).
The Old Florida character district provides a set of development parameters
addressing building height, minimum setbacks, required building stepbacks,
landscape buffers and parking/vehicular access. These development parameters
supersede any conflicting statements contained within the Design Guidelines of
Beach by Design and the Community Development Code. Furthermore, the
Design Guidelines of Beach by Design provide that any issue not addressed in
[the] Design Guidelines shall be governed by the requirements of the Community
Development Code. The site plan and building design complied with the Old
Florida character district standards, Beach by Design guidelines, and the
applicable development standards of the Community Development Code.
On June 6, 2013, the Development Review Committee recommended approval of
a Flexible Standard Development application to permit a 102-room overnight
accommodation use (FLS2013-02006).
The Development Agreement proposes to allow 102 overnight accommodation
units with a density of 107.7 rooms per acre on net lot acreage, which includes the
allocation of 55 units from the Hotel Density Reserve on a lot of 41,232 square
feet of lot area, which is below the maximum density of 150 units per acre as set
forth in Beach by Design special area plan. A total of 131 off-street parking
spaces will be provided in the first three levels of the hotel. The number of parking
spaces complies with the development standard of 1.2 spaces per unit as set forth
in the Community Development Code.
Council 2013-07-18 12
The development proposal will not degrade the Level of Service (LOS C or better)
on surrounding transportation facilities nor adversely affect the nearby signalized
intersection, which is consistent with Metropolitan Planning Organizations
concurrency management for transportation facilities.
The proposal is in compliance with the standards for development agreements, is
consistent with the Comprehensive Plan and furthers the vision of beach
redevelopment set forth in Beach by Design. The proposed Development
Agreement will be in effect for a period not to exceed ten (10) years, meets the
criteria for the allocation of units from the Hotel Density Reserve under Beach by
Design and includes the following main provisions:
• Provides for the allocation of 55 units from the Hotel Density Reserve;
• Requires the return of any hotel unit obtained from the Hotel Density
Reserve that is not constructed;
• For units allocated from the Hotel Density Reserve, prohibits the
conversion of any hotel unit to a residential use and requires the recording
of a covenant restricting use of such hotel units to overnight
accommodation usage; and
• Requires a legally enforceable mandatory evacuation/closure covenant that
the hotel will be closed as soon as practicable after a hurricane watch that
includes Clearwater Beach is posted by the National Hurricane Center.
The Community Development Board reviewed this Development Agreement at its
public hearing on June 18, 2013, and recommended approval.
In response to a question, the City Attorney said the developer has submitted an
amended development agreement that includes the amplified sound restriction
language: "Developer agrees that there shall be no outdoor amplified music at the
Project after 11:00 p.m. on Sunday through Thursday, or after midnight on Friday
through Saturday."
Planner Kevin Nuremberger said there are approximately 800 units remaining in the
hotel density reserve.
Applicant representative Katie Cole said the applicant eliminated the tiki bar on the
resubmitted plan. The project was reviewed and approved by the Development Review
Committee; the project does not require any flexibility or deviation from city code or
Beach by Design. The applicant has acquired several letters stating no objection to the
project from adjacent property owners. The Clearwater Beach Chamber of Commerce
has submitted a letter of support.
Council 2013-07-18 13
One individual spoke in support.
Councilmember Doreen Hock-DiPolito moved to approve a Development Agreement
between Bay Esplanade Project LLC (the property owner) and the City of Clearwater,
providing for the allocation of 55 overnight accommodation units from the Hotel Density
Reserve under Beach by Design. The motion was duly seconded and carried
unanimously.
Resolution 13-04 was presented and read by title only. Councilmember Jay E. Polglaze
moved to adopt Resolution 13-04. The motion was duly seconded and upon roll call, the
vote was:
'Ayes Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember
Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember
Jay E. Polglaze.
"Nays None.
7.6 Approve amendments to the Community Development Code providing for
general development agreements and hotel density reserve agreements,
providing more flexibility for veterinary offices in the Commercial (C) zoning
district and pass Ordinance 8423-13 on first reading. (TA2013-05003)
The Clearwater Business Task Force, established on April 7, 2011, submitted its
final report to City Council on August 29, 2011. The report consisted of 71
recommendations and to date four ordinances have been adopted to streamline
the development review process and allow greater flexibility with regard to sign
area. This agenda item addresses the last outstanding code amendment
authorized by City Council. Proposed Ordinance 8423-13 creates a new process
and reduced application requirements for development agreements using the
Clearwater Beach hotel density reserve.
Several sections of the Community Development Code are proposed to be
amended to implement this new process as follows.
• Section 8-102 - the definition of development agreement is proposed to be
replaced with general development agreement and hotel density reserve
development agreement.
• Division 1, Article 4 - a footnote is proposed to be added to this chart to
indicate that the hotel density reserve development agreement will have
both required public hearings at City Council instead of following the typical
Level Three process.
Council 2013-07-18 14
• Section 4-606- Sections 4-606.C. and D are proposed to be revised to
delineate the two different approval processes for the two types of
development agreements. Hotel density reserve development agreements
will be submitted and reviewed by the Development Review Committee
and then both required public hearings will be conducted by City Council
and a decision rendered.
General development agreements will follow the current process whereby the
agreement is reviewed by the Development Review Committee and the first public
hearing conducted by the Community Development Board and the final hearing by
City Council.
Amendments are also proposed to implement the current policy restricting hotel
density reserve development agreements to a term of 10 years and general
development agreements for up to 20 years. This ordinance also includes an
amendment generated by the Planning and Development Department to better
accommodate veterinary offices in the Commercial (C) zoning district by
establishing it as a Minimum Development Standard Use and to provide flexibility
of dimensional standards more consistent with retail and office uses in the District.
The Planning and Development Department has determined that the proposed
text amendments to the Community Development Code are consistent with and
furthers the goals, objectives and policies of the Comprehensive Plan and the
Community Development Code as outlined in the staff report. The Community
Development Board (CDB) reviewed the proposed text amendment at its meeting
of June 18, 2013 and unanimously recommended approval of the amendment.
In response to questions, Planning and Development Assistant Director Gina Clayton
said the hotel density reserve development agreement process is prompted by the
submission of an application, which is reviewed by the Development Review Committee
(DRC), and then moves on to Council for two public hearings and a decision. Staff
would review and approve minor modifications. Staff has provided an amendment to
the ordinance for Council to consider that addresses and clarifies when a development
agreement will come back to Council.
Vice Mayor Paul Gibson moved to approve amendments to the Community
Development Code providing for general development agreements and hotel density
reserve agreements, providing more flexibility for veterinary offices in the Commercial
(C) zoning district. The motion was duly seconded. Mayor George N. Cretekos, Vice
Mayor Paul Gibson, and Councilmembers Bill Jonson and Jay Polglaze voted "Aye";
Councilmember Doreen Hock-DiPolito voted "Nay".
Motion carried.
Ordinance 8423-13 was presented and read by title only.
Council 2013-07-18 15
Councilmember Bill Jonson moved to amend Section 6 of Ordinance 8423-13 to read as
follows, 1. Revisions to conceptual site plans, site plans and/or building elevations
attached as exhibits to any type of development agreement shall be governed by the
provisions of Section 4-406. Minor revisions to such plans may be approved by the
Community Development Coordinator. Other revisions not specified as minor shall
require an amendment to the development agreement." and reference to city
commission be amended to reflect city council. The motion was duly seconded and
carried unanimously.
Councilmember Jay Polglaze moved to pass Ordinance 8423-13, as amended, on first
reading. The motion was duly seconded and upon roll call, the vote was:
'Ayes Vice Mayor Paul Gibson, Councilmember Bill Jonson, and Councilmember
Jay E. Polglaze.
"Nays Mayor George N. Cretekos and Councilmember Doreen Hock-DiPolito.
Motion carried.
7.7 Approve the Annexation, Future Land Use Map Amendment from Residential
Urban (RU), Preservation (P) and Water/Drainage Feature (Water) (Pinellas
County) to Residential Medium (RM), Preservation (P) and Water/Drainage
Feature (Water), and Zoning Atlas Amendment from RPD-7.5, Residential
Planned Development (7.5 UPA Max Density) category (Pinellas County) to
Medium High Density Residential (MHDR) and Preservation (P) (City of
Clearwater) for property located at 2200 and 2251 Montclair Road (consisting of
a portion of the Southwest of the Northwest of Section 6, Township 29 South,
Range 16 East) together with the abutting rights-of-way. less North Belcher
Road, and right-of-way to the west of the Montclair Road right-of-way: and pass
Ordinances 8409-13, 8410-13 and 8411-13 on first reading. (ANX2013-04007,
LUP2013-04002 and REZ2013-04002)
These annexation, future land use map amendment and rezoning applications
involve two parcels comprising approximately 23.75 acres in area located on the
west side of North Belcher Road between Sunset Point Road and Montclair Road.
The Planning Department is requesting that 3.09-acres of rights-of-way abutting
the properties (not including North Belcher Road) and to the west of the Montclair
Road right-of-way not currently within the city limits also be annexed. The
requests are to annex the subject property into the City, and upon annexation into
the City to change the property's Future Land Use Map designations of
Council 2013-07-18 16
Residential Urban (RU), Preservation (P) and Water/Draining Feature (Pinellas
County) to Residential Medium (RM), Preservation (P) and Water/Drainage
Feature and to designate the subject property with the Medium High Density
Residential (MHDR) and Preservation (P) zoning categories (City of Clearwater).
The existing Pinellas County zoning designation is RPD-7.5, Residential Planned
Development (7.5 Units Per Acre Max Density). The western parcel (11.23 acres),
addressed as 2200 Montclair Road, is owned by David B. and Sharon Webb and
contains a single-family home and one building (7,984 square feet) associated
with the wholesale plant nursery. The eastern parcel (12.52 acres), addressed as
2251 Montclair Road, is owned by Webb's Nursery, Inc. and is currently used as a
wholesale plant nursery with two buildings (totaling 6,280 square feet) and
planting areas. Both parcels contain preservation land and portions of Beckett
Lake, totaling approximately 7.9 acres; the remaining 15.85 acres consists of
developable uplands. The subject property will function with the existing single-
family home use and plant wholesale nursery use until the property is sold and
redeveloped. It is anticipated that the single-family home will remain and the rest
of the property will be redeveloped as multifamily housing. A development
application has not been submitted at this time; however, the applicant
understands all necessary approvals and permits must be obtained before
development of the subject site occurs.
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 parcels currently receive water service from the City. The applicant is
requesting annexation in order to develop the property at a future time with
access to urban infrastructure (e.g., City sewer).
The applicant is aware of the sewer impact fee and the additional costs to extend
sewer services to the 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 48 located at 1700 North Belcher Road.
The City has adequate capacity to serve this property with water, sanitary sewer,
solid waste, police, fire and EMS service. The proposed annexation will not have
an adverse effect on public facilities and their levels of service; and
The proposed annexation is consistent with and promotes the following goals,
objectives and policies of the Clearwater Comprehensive Plan:
Council 2013-07-18 17
Objective A.6.4 Due to the built-out character of the City of Clearwater, compact
urban development within the urban service area shall be promoted through
application of the Clearwater Community Development Code.
Objective A.7.2 Diversify and expand the City's tax base through the annexation
of a variety of land uses located within the Clearwater Planning Area.
Policy A.7.2.3 Continue to process voluntary annexations for single-family
residential properties upon request.
The parcel is contiguous on the east, west and south 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
future land use map amendment and zoning atlas amendment is consistent with
the Community Development Code as specified below:
• The proposed amendments are consistent with the Comprehensive Plan,
the Countywide Plan Rules, and the Community Development Code.
• The proposed amendments are compatible with the surrounding property
and character of the neighborhood.
• Sufficient public facilities are available to serve the property.
• The proposed amendments will not have an adverse impact on the natural
environment.
• The proposed amendments will not have an adverse impact on the use of
property in the immediate area.
• The available uses in the Medium High Density (MHDR) District and
Preservation (P) District are compatible 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 so review and approval by the Florida Department of
Economic Opportunity (Division of Community Planning) is required.
The Community Development Board reviewed the land use plan amendment and
rezoning applications at its public hearing on June 18, 2013 and unanimously
recommended approval.
Councilmember Doreen Hock-DiPolito moved to approve the Annexation, Future Land
Use Map Amendment from Residential Urban (RU), Preservation (P) and
Water/Drainage Feature (Water) (Pinellas County) to Residential Medium (RM),
Preservation (P) and Water/Drainage Feature (Water), and Zoning Atlas Amendment
Council 2013-07-18 18
from RPD-7.5, Residential Planned Development (7.5 UPA Max Density) category
(Pinellas County) to Medium High Density Residential (MHDR) and Preservation (P)
(City of Clearwater) for property located at 2200 and 2251 Montclair Road (consisting of
a portion of the Southwest of the Northwest of Section 6, Township 29 South, Range
16 East) together with the abutting rights-of-way, less North Belcher Road, and right-of-
way to the west of the Montclair Road right-of-way. The motion was duly seconded and
carried unanimously.
Administrative Public Hearing: Ordinance 8409-13 (ANX2013-04007)
Ordinance 8409-13 was presented and read by title only. Councilmember Jay Polglaze
moved to pass Ordinance 8409-13 on first reading. The motion was duly seconded and
upon roll call, the vote was:
'Ayes Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember
Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember
Jay E. Polglaze.
"Nays": None.
Administrative Public Hearing: Ordinance 8410-13 (LUP2013-04002)
Planner Lauren Matzke reviewed the applicant's request.
Applicant representative Ed Armstrong requested the record to reflect that the testimony
provided for the Land Use Plan Amendment be incorporated by reference for the
Rezoning. Land Use/Planning consultant Cyndi Tarapani said the evaluation appraisal
report indicates there are only 40 acres of redevelopable vacant residential land within
city limits. Housing is needed at all price levels and dwelling types; the proposed
project helps develop housing to meet the future housing needs of the city. Traffic
consultant Mike Razor said the traffic analysis indicated that the proposed project would
not impact the current level of service of the area roadways and intersections. Montclair
Road is a two-lane undivided county roadway with a 30-mph posted speed in the vicinity
of the project site. Montclair Road is designated as a collector roadway, gathering and
redirecting traffic to Hercules (west) and Belcher Road (east). Currently, Montclair
Road is at 11% of its capacity during the a.m.-peak hour and 21% at the p.m.-peak
hour. Mr. Razor said the proposed project would increase Montclair Road's capacity to
13% at a.m.-peak hour and 24% at p.m.-peak hour.
In response to questions, Ms. Tarapani said there is no access point on Sunset Point
Road because the property adjoins the lake. There is a driveway on Montclair Road
Council 2013-07-18 19
and Belcher Road. The details of access management will be provided for review when
the applicant submits the site plan. Mr. Razor said there is a traffic signal at the
intersection of Montclair Road and Belcher Road, which is currently operating at a C
level.
Ordinance 8410-13 was presented and read by title only.
Assistant City Attorney Leslie Dougall-Sides said there is a motion to amend; the City is
not annexing a portion of Belcher Road as reflected in the current ordinance title. Ms.
Matzke said Pinellas County has indicated they would complete a voluntary annexation
application for the parcel. The second reading is expected to occur in October after the
Pinellas Planning Council, Board of County Commissioners and various State agencies
have reviewed the request.
Discussion ensued regarding the proposed amendment. It was stated that the portion
in question of Montclair Road may not have been annexed. The City Attorney said
Council may amend the ordinance as suggested by staff; the description may need
further refinement.
Councilmember Jay Polglaze moved to amend the ordinance title to read as follows:
"AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE
FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE
CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED
ON THE SOUTHWEST CORNER OF MONTCLAIR ROAD AND NORTH BELCHER
ROAD, CONSISTING OF A PORTION OF THE SOUTHWEST '/4 OF THE
NORTHWEST '/4 OF SECTION 6, TOWNSHIP 29 SOUTH, RANGE 16 EAST, WHOSE
POST OFFICE ADDRESS IS 2200 & 2251 MONTCLAIR ROAD, TOGETHER WITH
THE ABUTTING RIGHTS OF WAY, LESS NORTH BELCHER ROAD, AND RIGHT OF
WAY TO THE WEST OF THE MONTCLAIR ROAD RIGHT OF WAY, UPON
ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL MEDIUM (RM),
PRESERVATION (P), AND WATER/DRAINAGE FEATURE (WATER); PROVIDING AN
EFFECTIVE DATE." The motion was duly seconded and carried unanimously.
Two individuals spoke in opposition.
In response to questions, Mr. Razor said Montclair Road does not have a traffic volume
issue. There are currently 75 vehicles during the a.m.-peak hour and 82 vehicles in the
p.m.-peak hour. The traffic signal will detect traffic approaching Montclair Road but
there is no provision to detect a left-turn signal. There is plenty of capacity on Montclair
Road; to make a left turn, one must wait.
Council 2013-07-18 20
Vice Mayor Paul Gibson moved to pass Ordinance 8410-13, as amended, on first
reading. The motion was duly seconded and upon roll call, the vote was:
'Ayes Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember
Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember
Jay E. Polglaze.
"Nays None.
Quasi Judicial - Ordinance 8411-13 (REZ2013-04002)
Please refer to the Administrative Hearing portion (LUP2013-04002) for the applicant's
testimony.
Ordinance 8411-13 was read and presented by title only.
Councilmember Bill Jonson moved to amend the ordinance title as follows, "AN
ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING
ATLAS OF THE CITY BY ZONING CERTAIN PROPERTY LOCATED ON THE
SOUTHWEST CORNER OF MONTCLAIR ROAD AND NORTH BELCHER ROAD,
CONSISTING OF A PORTION OF THE SOUTHWEST '/4 OF THE NORTHWEST '/4 OF
SECTION 6, TOWNSHIP 29 SOUTH, RANGE 16 EAST, WHOSE POST OFFICE
ADDRESS IS 2200 & 2251 MONTCLAIR ROAD, TOGETHER WITH THE ABUTTING
RIGHTS OF WAY, LESS NORTH BELCHER ROAD, AND RIGHT OF WAY TO THE
WEST OF THE MONTCLAIR ROAD RIGHT OF WAY, UPON ANNEXATION INTO THE
CITY OF CLEARWATER, AS MEDIUM HIGH DENSITY RESIDENTIAL (MHDR) AND
PRESERVATION (P); PROVIDING AN EFFECTIVE DATE." The motion was duly
seconded and carried unanimously.
Councilmember Jay Polglaze moved to pass ordinance 8411-13, as amended. The
motion was duly seconded and upon roll call, the vote was:
"Ayes Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember
Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember
Jay E. Polglaze.
"Nays None.
The Council recessed from 8:08 p.m. to 8:15 p.m.
8. Second Readings - Public Hearing
Council 2013-07-18 21
8.1 Adopt Ordinance 8398-13 on second reading, amending the Community
Development Code Article 8, providing a revised definition for family and a new
definition for housekeeping unit.
Ordinance 8398-13 was presented and read by title only. Councilmember Jay E.
Polglaze moved to adopt Ordinance 8398-13 on second and final reading. The motion
was duly seconded and upon roll call, the vote was:
'Ayes Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Bill
Jonson, and Councilmember Jay E. Polglaze.
"Nays None.
8.2 Adopt Ordinance 8400-13 on second reading, amending the future land use plan
element of the Comprehensive Plan of the city to change the land use
designation for certain real property whose post office address is 150 South
McMullen Booth Road from Residential Office Limited (R/OL) to Institutional (1).
Ordinance 8400-13 was presented and read by title only. Vice Mayor Paul Gibson
moved to adopt Ordinance 8400-13 on second and final reading. The motion was duly
seconded and upon roll call, the vote was:
"Ayes Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember
Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember
Jay E. Polglaze.
"Nays None.
8.3 Adopt Ordinance 8401-13 on second reading, amending the Zoning Atlas of the
city by rezoning for certain real property whose post office address is 150 South
McMullen Booth Road, from Office (0) to Institutional (1).
Ordinance 8401-13 was presented and read by title only. Councilmember Bill Jonson
moved to adopt Ordinance 8401-13 on second and final reading. The motion was duly
seconded and upon roll call, the vote was:
"Ayes Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember
Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember
Jay E. Polglaze.
"Nays None.
Council 2013-07-18 22
8.4 Adopt Ordinance 8403-13 on second reading, annexing certain real property
whose post office address is 1212 Aloha Lane into the corporate limits of the city
and redefining the boundary lines of the city to include said addition.
Ordinance 8403-13 was presented and read by title only. Councilmember Doreen Hock-
DiPolito moved to adopt Ordinance 8403-13 on second and final reading. The motion
was duly seconded and upon roll call, the vote was:
'Ayes Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember
Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember
Jay E. Polglaze.
"Nays None.
8.5 Adopt Ordinance 8404-13 on second reading, amending the future land use plan
element of the Comprehensive Plan of the city to designate the land use for
certain real property whose post office address is 1212 Aloha Lane, upon
annexation into the City of Clearwater, as Residential Urban (RU).
Ordinance 8404-13 was presented and read by title only. Councilmember Jay E.
Polglaze moved to adopt Ordinance 8404-13 on second and final reading. The motion
was duly seconded and upon roll call, the vote was:
"Ayes Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember
Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember
Jay E. Polglaze.
"Nays None.
8.6 Adopt Ordinance 8405-13 on second reading, amending the Zoning Atlas of the
city by zoning certain real property whose post office address is 1212 Aloha
Lane, upon annexation into the City of Clearwater, as Low Medium Density
Residential (LMDR).
Ordinance 8405-13 was presented and read by title only. Vice Mayor Paul Gibson
moved to adopt Ordinance 8405-13 on second and final reading. The motion was duly
seconded and upon roll call, the vote was:
"Ayes Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember
Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember
Jay E. Polglaze.
Council 2013-07-18 23
"Nays None.
8.7 Adopt Ordinance 8406-13 on second reading, annexing certain real property
whose post office address is 1321 Parkwood Street, together with the abutting
right-of-way, into the corporate limits of the city and redefining the boundary lines
of the city to include said addition.
Ordinance 8406-13 was presented and read by title only. Councilmember Bill Jonson
moved to adopt Ordinance 8406-13 on second and final reading. The motion was duly
seconded and upon roll call, the vote was:
'Ayes Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember
Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember
Jay E. Polglaze.
"Nays None.
8.8 Adopt Ordinance 8407-13 on second reading, amending the future land use plan
element of the Comprehensive Plan of the city to designate the land use for
certain real property whose post office address is 1321 Parkwood Street,
together with the abutting right-of-way, upon annexation into the City of
Clearwater, as Residential Low (RL).
Ordinance 8407-13 was presented and read by title only. Councilmember Doreen Hock-
DiPolito moved to adopt Ordinance 8407-13 on second and final reading. The motion
was duly seconded and upon roll call, the vote was:
"Ayes Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember
Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember
Jay E. Polglaze.
"Nays None.
8.9 Adopt Ordinance 8408-13 on second reading, amending the Zoning Atlas of the
city by zoning certain real property whose post office address is 1321 Parkwood
Street, together with the abutting right-of-way, upon annexation into the City of
Clearwater, as Low Medium Density Residential (LMDR).
Ordinance 8408-13 was presented and read by title only. Councilmember Jay E.
Polglaze moved to adopt Ordinance 8408-13 on second and final reading. The motion
was duly seconded and upon roll call, the vote was:
Council 2013-07-18 24
'Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember
Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember
Jay E. Polglaze.
"Nays": None.
8.10 Adopt Ordinance 8412-13 on second reading, annexing certain real property
whose post office address is 1270 Palm Street, into the corporate limits of the
city and redefining the boundary lines of the city to include said addition.
Ordinance 8412-13 was presented and read by title only. Vice Mayor Paul Gibson
moved to adopt Ordinance 8412-13 on second and final reading. The motion was duly
seconded and upon roll call, the vote was:
"Ayes". Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember
Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember
Jay E. Polglaze.
"Nays": None.
8.11 Adopt Ordinance 8413-13 on second reading, amending the future land use plan
element of the Comprehensive Plan of the city to designate the land use for
certain real property whose post office address is 1270 Palm Street, upon
annexation into the City of Clearwater, as Residential Urban (RU).
Ordinance 8413-13 was presented and read by title only. Councilmember Bill Jonson
moved to adopt Ordinance 8413-13 on second and final reading. The motion was duly
seconded and upon roll call, the vote was:
"Ayes". Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember
Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember
Jay E. Polglaze.
"Nays": None.
8.12 Adopt Ordinance 8414-13 on second reading, amending the Zoning Atlas of the
city by zoning certain real property whose post office address is 1270 Palm
Street, upon annexation into the City of Clearwater, as Low Medium Density
Residential (LMDR).
Council 2013-07-18 25
Ordinance 8414-13 was presented and read by title only. Councilmember Doreen
Hock-DiPolito moved to adopt Ordinance 8414-13 on second and final reading. The
motion was duly seconded and upon roll call, the vote was:
'Ayes Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember
Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember
Jay E. Polglaze.
"Nays None.
8.13 Adopt Ordinance 8415-13 on second reading, annexing certain real property
whose post office address is 1544 Levern Street, into the corporate limits of the
city and redefining the boundary lines of the city to include said addition.
Ordinance 8415-13 was presented and read by title only. Councilmember Jay E.
Polglaze moved to adopt Ordinance 8415-13 on second and final reading. The motion
was duly seconded and upon roll call, the vote was:
"Ayes Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember
Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember
Jay E. Polglaze.
"Nays None.
8.14 Adopt Ordinance 8416-13 on second reading, amending the future land use plan
element of the Comprehensive Plan of the city to designate the land use for
certain real property whose post office address is 1544 Levern Street, upon
annexation into the City of Clearwater, as Residential Low (RL).
Ordinance 8416-13 was presented and read by title only. Vice Mayor Paul Gibson
moved to adopt Ordinance 8416-13 on second and final reading. The motion was duly
seconded and upon roll call, the vote was:
"Ayes Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember
Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember
Jay E. Polglaze.
"Nays None.
8.15 Adopt Ordinance 8417-13 on second reading, amending the Zoning Atlas of the
city by zoning certain real property whose post office address is 1544 Levern
Street, upon annexation into the City of Clearwater, as Low Medium Density
Residential (LMDR).
Council 2013-07-18 26
Ordinance 8417-13 was presented and read by title only. Councilmember Bill Jonson
moved to adopt Ordinance 8417-13 on second and final reading. The motion was duly
seconded and upon roll call, the vote was:
'Ayes Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember
Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember
Jay E. Polglaze.
"Nays None.
8.16 Adopt Ordinance 8430-13 on second reading, vacating a portion of the drainage
easement encompassing a parcel of land lying in Section 05, Township 29
South, Range 16 East, Pinellas County, Florida, and being a portion of Lot 6,
Winwood, as recorded in Plat Book 113, Pages 43-45 of the Public Records of
Pinellas County, Florida.
Ordinance 8430-13 was presented and read by title only. Councilmember Doreen
Hock-DiPolito moved to adopt Ordinance 8430-13 on second and final reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember
Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember
Jay E. Polglaze.
"Nays None.
8.17 Adopt Ordinance 8432-13 on second reading, amending the Operating Budget
for the Fiscal Year ending September 30, 2013, to reflect increases and
decreases in revenues and expenditures for the General Fund, Special
Development Fund, Special Program Fund, Water and Sewer Fund, Solid Waste
Fund, Recycling Fund, Gas Fund, Marine Fund, Airpark Fund, Clearwater Harbor
Marina Fund, General Services Fund, and Garage Fund.
Ordinance 8432-13 was presented and read by title only. Councilmember Jay E.
Polglaze moved to adopt Ordinance 8432-13 on second and final reading. The motion
was duly seconded and upon roll call, the vote was:
"Ayes Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember
Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember
Jay E. Polglaze.
"Nays None.
8.18 Adopt Ordinance 8433-13 on second reading, amending the Capital
Council 2013-07-18 27
Improvement Budget for the Fiscal Year ending September 30, 2013, to reflect a
net increase of$27,270,944.
Ordinance 8433-13 was presented and read by title only. Vice Mayor Paul Gibson
moved to adopt Ordinance 8433-13 on second and final reading. The motion was duly
seconded and upon roll call, the vote was:
'Ayes Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember
Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember
Jay E. Polglaze.
"Nays": None.
9. Consent Agenda - Approved as submitted.
9.1 Accept a Gas Main and Utilities Easement conveyed by Wade Surfside
Condominium Association, Inc. over a portion of property located at 18838 Gulf
Boulevard, Indian Shores, Florida. (consent)
9.2 Approve the selection of Raftelis Financial Consultants, Inc. to conduct an
efficiency study for the City of Clearwater Utility Customer Service function for an
amount not to exceed $86,161, authorize staff to finalize a contact for such
services, and authorize the appropriate officials to execute same. (consent)
9.3 Approve an agreement between Pinellas County (County) and the City of
Clearwater (City) for the use of a portion of the Sand Key Park Parking Lot on
Sunday, July 21, 2013 from 5:00 p.m. to 9:00 p.m. as overflow parking for a
welcome party for the ASA Gold National Event being held in Clearwater and
authorize the appropriate officials to execute same. (consent)
9.4 Approve submission of Department of Justice, Bureau of Justice Assistance
(DOJ/BJA) Edward Byrne Memorial Justice Assistance Grant application in the
amount of$56,631 and additional 2.7 Full Time Equivalent Position (FTE).
consent
9.5 Approve the delegation of authority to the Chief of Police of the City of
Clearwater, Florida to enter into short-term rental/lease agreements of real
Property, not to exceed a term of ninety days, for the purpose of proactively
investigating criminal activity involving issues affecting the quality of life for
Clearwater citizens. (consent)
9.6 Approve the Electronic Surveillance Support Team Multi-Agency Voluntary
Cooperation Mutual Aid Agreement for law enforcement services between The
Council 2013-07-18 28
Florida Department of Law Enforcement and the City of Clearwater, effective
through June 30, 2016, and authorize the appropriate officials to execute same.
consent
9.7 Ratify and confirm the City Managers approval of two Business Lease Contracts
between the City of Clearwater and Lutheran Services Florida, Inc. for the use of
city-owned properties located at 701 N. Missouri Avenue and 918 Palmetto
Street, and authorize the appropriate officials to execute same. (consent)
Councilmember Doreen Hock-DiPolito moved to approve the Consent Agenda as
submitted 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 Adopt a tentative millage rate of 5.1550 mills for fiscal year 2013/14 and set
public hearing dates on the budget for September 3, 2013 and September 19,
2013, to be held no earlier than 6:00 p.m.
In accordance with the Truth in Millage (TRIM) process, the City Council must
adopt a tentative millage rate and set public hearing dates prior to finalizing and
adopting a budget. This information must be provided to the Pinellas County
Property Appraiser and Tax Collector by August 4, 2013. The City's proposed
millage rate and public hearing dates will be included on the TRIM notices mailed
to taxpayers in August. This tentative rate cannot be increased without first-class
mailing notification to each taxpayer at the expense of the City of Clearwater, not
less than 10 days and not more than 15 days before the public hearing.
The City Manager's recommended millage rate is 5.1550 mills. The rate is
3.05% more than the rolled back rate of 5.0023 mills. The rolled-back rate is the
millage rate that will provide the City with the same property tax revenue as was
levied in the prior year. If the proposed millage rate of 5.1550 mills is adopted,
the City's ordinance adopting the millage rate will reflect a 3.05% increase from
the rolled-back rate of 5.xxxx mills.
The proposed millage rate as well as other TRIM millage rates will be noted on
the 2013 compliance forms as follows:
5.1550 mills - Tentative millage rate
5.0023 mills - Rolled-back millage rate
7.7127 mills - Maximum majority vote rate
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8.4840 mills - Maximum two-thirds vote rate
Councilmember Bill Jonson moved to adopt a tentative millage rate of 5.1550 mills for
fiscal year 2013/14 and set public hearing dates on the budget for September 3, 2013
and September 19, 2013, to be held no earlier than 6:00 p.m. The motion was duly
seconded and carried unanimously.
10.2 Approve an increase in the Capitol Theatre budget (CIP 315-93623) for the
construction of the Capitol Theatre in the amount of$500,000 upon receipt of
$1,000,000 in State funding via the Cultural Facilities Proqram; amend the
Capitol Theatre Operating Agreement between the City of Clearwater and Ruth
Eckerd Hall, Inc. (REH) to reflect the same, upon receipt of$1,000,000 in State
funding via the Cultural Facilities Proqram; and authorize the appropriate officials
to execute same.
On September 20, 2012, the City of Clearwater entered into the Capitol Theatre
Operating Agreement with Ruth Eckerd Hall, Inc. (REH) to renovate and operate
the Capitol Theatre Facility located at 401, 403 and 409 Cleveland Street for a
period of 30 years.
In the above stated agreement, the City provided funding of the project in the
amount not to exceed $7,112,209. The agreement further states, "REH shall be
responsible for and shall pay all costs in connection with the Capitol Theatre
Project in excess of the amount of the City Funds."
The project is currently under construction, and is estimated to be over budget
by $700,000 to $800,000. The exact figure is still to be determined. The City
did apply for, was approved and is expected to receive additional funding
through the State of Florida in the amount of$1,000,000 through the Cultural
Facilities Program, which will require Council approval. REH submitted a letter
on July 2, 2013 requesting an additional allocation by the City in the amount of
$500,000. The letter also states that REH will fund the balance of the additional
costs above the new budget of$7,612,209.
All other terms and conditions of the original agreement will remain in full force
and effect.
In response to questions, Administrative Support Manager Felicia Leonard said
$500,000 of the grant funds will be used to reimburse the central insurance fund. The
first two quarterly payments will be given to REH.
Council 2013-07-18 30
Councilmember Doreen Hock-DiPolito moved to approve an increase in the Capitol
Theatre budget (CIP 315-93623) for the construction of the Capitol Theatre in the
amount of$500,000 upon receipt of$1,000,000 in State funding via the Cultural
Facilities Program; amend the Capitol Theatre Operating Agreement between the City
of Clearwater and Ruth Eckerd Hall, Inc. (REH) to reflect the same, upon receipt of
$1,000,000 in State funding via the Cultural Facilities Program; and authorize the
appropriate officials to execute same. The motion was duly seconded and carried
unanimously.
10.3 Approve City of Clearwater Vision and Strategic Direction and adopt Resolution
13-20.
The City Manager thanked Council for their commitment to the visioning process. Staff
will return with more specific goals and objections. The item has been amended to
reflect the changes requested by Council at Tuesday's work session.
Councilmember Jay Polglaze moved to approve City of Clearwater Vision and Strategic
Direction. The motion was duly seconded and carried unanimously.
Resolution 13-20 was presented and read by title only. Vice Mayor Paul Gibson moved
to adopt Resolution 13-20. The motion was duly seconded and upon roll call, the vote
was:
'Ayes Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember
Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember
Jay E. Polglaze.
"Nays None.
Miscellaneous Reports and Items
11. City Manager Verbal Reports
11.1 Centennial Celebration - Gina Dewitt
The City Manager requested direction regarding the length of the concert series and
estimated budget. There was consensus to limit the concert event to two days and to
limit the budget to an amount not to exceed $150,000.
The City Manager said if the budget is insufficient, staff will come back to Council.
In response to a question, the City Attorney said a new city seal will require Council to
amend the city ordinance.
Council 2013-07-18 31
11.2 Clearwater Marine Aquarium Referendum Ballot Information - Joelle Castelli,
Public Communications Director
Public Communications Director Joelle Castelli provided copies of the proposed
information sheet that will be included in the Clearwater Magazine. In the past, Public
Communications distributed a mailer that informed voters what a "yes" vote and a "no"
vote means. Ms. Castelli requested direction from Council regarding providing a mailer
to super voters or registered voters.
In response to questions, Ms. Castelli said super voters are those who have voted in
three of the last five elections. The mailer used for the boat slips was sent to 7,700
super voters for approximately $3,600. The expense for the mailer has been budgeted.
The recent pension referendum included two mailings.
Discussion ensued with direction given to pursue one mailer for super voters that will be
distributed when the absentee ballots are released.
12. Other Council Action
12.1 Benchmarking and Best Practices - Councilmember Jonson
Councilmember Bill Jonson provided copies of performance measures used by the City
of Austin. He requested support to have a presentation from staff on Clearwater's
measurement development process at a future work session meeting, which should
include an estimate of the resources needed to accomplish a web-based component
similar to the City of Austin.
The City Manager recommended staff provide a presentation on what is currently done
in the area of performance measurement and council provide direction based on that
presentation. The City of Clearwater has established its own standards while finding
ways to be more efficient.
There was consensus to schedule a staff presentation on current status of performance
measurements at work session in September.
12.2 Coastie - Councilmember Hock-DiPolito
Councilmember Doreen Hock-DiPolito said sponsoring Coastie the service dog-in-
training provided a successful public engagement component. She provided
Council 2013-07-18 32
information of the Coast Guard service dog program and requested consideration to
continue annual sponsorships through the Coast Guard or the Southeast Guide Dogs.
Discussion ensued with concerns expressed regarding the recurring costs to continue
an annual sponsorship program.
No action taken.
13. Closing Comments by Mayor
Mayor George N. Cretekos reviewed recent and upcoming events.
14. Adjourn
The meeting adjourned at 9:22 p.m.
Attest
City Clerk
�gcaic crc'kk°s
Mayor
City of Clearwater
Council 2013 -07 -18 33