04/16/2014 CITY COUNCIL MEETING MINUTES
CITY OF CLEARWATER
IIIP iiirl IIII 16, 2014
Present: Mayor George N. Cretekos, Vice Mayor Doreen Hock-DiPolito
Councilmember Hoyt Hamilton, Councilmember Bill Jonson,
Councilmember Jay E. Polglaze
Also Present: William B. Horne 11 — City Manager, Jill S. Silverboard - Assistant City
Manager, Rod Irwin - Assistant City Manager, Pamela K. Akin - City
Attorney, Rosemarie Call - City Clerk, Nicole Sprague - Official Records
and Legislative Services Coordinator
To provide continuity for research, items are listed in agenda order although not
necessarily discussed in that order.
1. Call to Order— Mayor George Cretekos
The meeting was called to order at 6:00 p.m. at City Hall.
2. Invocation - Pastor Chuck Engelhardt from Heritage United Methodist
Church
3. Pledge of Allegiance - Vice Mayor Doreen Hock-DiPolito
4. Presentations - Given.
4.1 Service Awards
The April 2014 Employee of the Month Award was presented to Rose Lara, Public
Utilities.
4.2 SAR Proclamation, April 20, 2014 - Art Hays, Sons of the American Revolution
4.3 Swim Across America Proclamation, May 31, 2014 - Tony and Janice
Schicchitano - Swim Across America organizing committee; Brooke Bennett - 3-
time Olympic Gold Medalist
4.4 Civitan Awareness Month Proclamation, April 2014 -Richard Fuller
4.5 2014 Florida Healthy Weight Community Champion Recognition Award - Dr.
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Claude Dharamrai, County Health Department Director; Megan Carmichael,
Tobacco Manager
4.6 Arbor Day Proclamation, April 26, 2014 - Chuck Porthouse, Parks Service
Supervisor
5. Approval of Minutes
5.1 Approve the minutes of the April 3, 2014 City Council Meeting as submitted in
written summation by the City Clerk.
Councilmember Jay Polglaze moved to approve the minutes of the April 3, 2014 City
Council Meeting as submitted in written summation by the City Clerk. The motion was
duly seconded and carried unanimously.
5.2 Amend and Approve March 20, 2014 City Council Meeting Minutes
Councilmember Bill Jonson moved to amend the March 20, 2014 council meeting
minutes, page 15, line 15 as follows: " Moved to deny giving the requested guidance to
staff that we would allow a marina in this location, and further that we would require that
public comment in a public meeting be held and as well as the ULI study prior to
rehearing that request." The motion was duly seconded and carried unanimously.
Vice Mayor Doreen Hock-DiPolito moved to approve the March 20, 2014 City Council
meeting minutes, as amended. The motion was duly seconded and carried
unanimously.
6. Citizens to be Heard re Items Not on the Agenda
Tom Nocera said he recommends Council delay the lease negotiations with the CMA
until after the lawsuit is settled.
Robert Formeister said congress is considering a bill for a Smoke Free America and
expressed concern regarding available personnel to enforce such a law.
Ruth Ann Morris and Carol Gray expressed concern with the light pollution in
Cooper's Bayou due to stadium lighting and requested consideration to modernize the
lighting codes.
Joseph Corvino requested Council to receive public input prior to the CMA lease
negotiation.
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William Berger expressed concern regarding the traffic calming devices installed in his
neighborhood.
The City Manager said staff contacted Mr. Berger regarding the threshold criteria for
installing traffic calming devices. The City has established 65% of interested
neighborhood participation as the criteria. Staff stopped surveying the community when
70% of the community residents supported the traffic calming devices. Staff has
modified the survey procedures to insure those who oppose the traffic calming devices
have an opportunity to express their opposition. At least 70% of the residents in Mr.
Berger's neighborhood supported the traffic calming devices.
Public Hearings - Not before 6:00 PM
7. Administrative Public Hearings
7.1 Continue to May 15, 2014: Approve the Annexation of a portion of the road right-
of-way located on Belcher Road, north of Sunset Point Road to Montclair Road,
including all of the right-of-way within the intersection of North Belcher Road,
Montclair Road, and Old Coachman Road, consisting of a portion of Section 06,
Township 29 South, Range 16 East; and pass Ordinances 8558-14, 8559-14,
and 8560-14 on first reading. (ANX2014-02005)
Councilmember Bill Jonson moved to continue Agenda Item 7.1 to May 15, 2014. The
motion was duly seconded and carried unanimously.
7.2 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 1940 North Betty Lane; 1978 North Betty Lane;
2084 Lantana Avenue; 1258 Sedeeva Circle North; 2075 The Mall; and 1241
Union Street (all parcels are located in Section 03, Township 29 South, Range
15 East), together with certain rights-of-way of: North Betty Lane, Sedeeva Circle
North and Lantana Avenue; and pass Ordinances 8552-14, 8553-14 and 8554-
14 on first reading. (ATA2014-01001)
The City of Clearwater Public Utilities Department is expanding sewer service into
the Idlewild/The Mall neighborhood located generally east of Douglas Avenue and
west of Kings Highway, north of Sunset Point Road and south of Union Street.
This neighborhood contains a large concentration of properties within
unincorporated Pinellas County. To date, 28 properties have voluntarily annexed
into the City as a result of this project and nine more properties are currently in the
process of annexing. Another 59 agreements to annex (ATAs) have been
executed for properties not meeting annexation contiguity requirements but
desiring to receive sanitary sewer service.
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This application is the first group of parcels with recorded ATAs that have become
contiguous in the Idlewild/The Mall Septic-to-Sewer Project area. It includes six
ATAs signed by the current owners within the last year. The Planning and
Development Department is initiating this project to bring the properties into the
City's jurisdiction in compliance with the terms and conditions set forth in the
agreements. These properties are occupied by six detached dwellings on 0.762
acres of land. The Development Review Committee is proposing that
approximately 0.211 acres of right-of-way throughout this area on North Betty
Lane, Sedeeva Circle North, and Lantana Avenue not currently within the city
limits also be annexed. All properties are contiguous to existing city boundaries in
at least one direction. It is proposed that the properties be assigned a 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 properties currently receive water service from the City. Collection of solid
waste will be provided to the properties by the City. The applicants will connect to
the City's sanitary sewer service when it is available, and are aware of the fee that
must be paid in order to connect and the financial incentives available. The
properties are located within Police District II and service will be administered
through the district headquarters located at 645 Pierce Street. Fire and
emergency medical services will be provided to these properties by Station 51
located at 1720 Overbrook Avenue. The City has adequate capacity to serve
these properties with sanitary sewer, solid waste, police, fire and EMS service.
The proposed annexations 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 policy of the Clearwater Comprehensive Plan:
Policy A.7.1.3: Invoke agreements to annex where properties located within
enclaves meet the contiguity requirements of Florida Statutes Chapter 171.
Objective A.6.4: Due to the built-out character of the City of Clearwater, compact
urban development within the urban service area shall be promoted through
application of the Clearwater Community Development Code.
Objective A.7.2: Diversify and expand the City's tax base through the annexation
of a variety of land uses located within the Clearwater Planning Area.
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The proposed Residential Urban (RU) Future Land Use Map category is
consistent with the current Countywide Plan designation of these properties. This
designation primarily permits residential uses at a density of 7.5 units per acre.
The proposed zoning district to be assigned to the properties is the Low Medium
Density Residential (LMDR) District. The use of the subject properties is
consistent with the uses allowed in the district. The properties at 1978 North Betty
Lane, 2084 Lantana Avenue, 2075 The Mall, and 1241 Union Street exceed the
district's minimum dimensional requirements. The properties at 1940 Betty Lane
and 1258 Sedeeva Circle North meet the District's minimum dimensions through
the Flexible Development requirements. The proposed annexations are therefore
consistent with the Countywide Plan and the City's Comprehensive Plan and
Community Development Code; and
The properties proposed for annexation are contiguous to existing City boundaries
along at least one property boundary; therefore, the annexations are consistent
with Florida Statutes Chapter 171.044.
Vice Mayor Doreen Hock-DiPolito 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 1940 North Betty Lane; 1978 North
Betty Lane; 2084 Lantana Avenue; 1258 Sedeeva Circle North; 2075 The Mall; and
1241 Union Street (all parcels are located in Section 03, Township 29 South, Range 15
East), together with certain rights-of-way of: North Betty Lane, Sedeeva Circle North
and Lantana Avenue. The motion was duly seconded and carried unanimously.
Ordinance 8552-14 was presented and read by title only. Councilmember Jay Polglaze
moved to pass Ordinance 8552-14 on first reading. The motion was duly seconded and
upon roll call, the vote was-
'Ayes . Mayor George N. Cretekos, Vice Mayor Doreen Hock-DiPolito,
Councilmember Hoyt Hamilton, Councilmember Bill Jonson, and
Councilmember Jay E. Polglaze.
"Nays": None.
Ordinance 8553-14 was presented and read by title only. Councilmember Hoyt
Hamilton moved to pass Ordinance 8553-14 on first reading. The motion was duly
seconded and upon roll call, the vote was-
'Ayes . Mayor George N. Cretekos, Vice Mayor Doreen Hock-DiPolito,
Councilmember Hoyt Hamilton, Councilmember Bill Jonson, and
Councilmember Jay E. Polglaze.
"Nays": None.
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Ordinance 8554-14 was presented and read by title only. Councilmember Bill Jonson
moved to pass Ordinance 8554-14 on first reading. The motion was duly seconded and
upon roll call, the vote was-
'Ayes . Mayor George N. Cretekos, Vice Mayor Doreen Hock-DiPolito,
Councilmember Hoyt Hamilton, Councilmember Bill Jonson, and
Councilmember Jay E. Polglaze.
"Nays": None.
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 2205 McMullen Booth Road (Metes and Bounds Tract 32/18 in
Section 33, Township 28 South, Range 16 East); and pass Ordinances 8547-14,
8548-14 and 8549-14 on first reading. (ANX2014-01003)
This voluntary annexation petition involves a 0.469-acre property consisting of
one parcel of land occupied by a single-family dwelling. Upon annexation, the
applicant will be joining this parcel by unity of title with a 0.513-acre parcel to the
west (within the City) on which a barn for boarding horses is located. The property
is located on the west side of McMullen Booth Road, approximately 1400 feet
north of Union Street. The applicant is requesting this annexation in order to allow
the two parcels to be joined, and to receive solid waste service from the City. The
property is contiguous to existing city boundaries to the north and west. 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).
The Planning Department determined that the proposed annexation is consistent
with the provisions of Community Development Code Section 4-604.E as follows:
The property currently receives water service from the City. Sewer service is not
readily available to the applicant's 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 50 located at 2681 Countryside Boulevard. The City
has adequate capacity to serve this property with 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 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
single-family dwelling use of the subject property is consistent with the uses
allowed in the District; however, the property is currently allowed the general
agricultural activities use, including the boarding of a maximum of three horses
per acre (minimum of one-half acre required), under the County's code. This
property is less than one-half acre in size, and therefore the County's code does
not allow for any horses on site. The annexation ordinance associated with the
0.513-acre parcel to the west permitted the property owners to retain their rights
to general agricultural activities as allowed in the County (Ordinance No. 8124-
10/ATA2009-04002). Once this parcel is joined with the adjacent parcel to the
west, the total parcel size of 0.98-acres would allow a maximum of two horses.
The property exceeds the LDR 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
The property proposed for annexation is contiguous to existing City boundaries to
the north and west; therefore the annexation is consistent with Florida Statutes
Chapter 171.044.
Planning and Development Director Michael Delk said staff confirmed the original
annexation ordinance reflected a legal permitted use in the county to board horses at
this location. Staff has narrowed down the horse boarding provision in the current
ordinance to provide for the boarding of horses at the allowable rate of two horses per
acre. The ability to board horses will be lost if boarding falls below the allowable rate,
property is sold or parceled-off. Assistant City Attorney Leslie Dougall-Sides said based
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on property acreage, Pinellas County would allow the boarding of two ungulates on this
location.
Vice Mayor Doreen Hock-DiPolito 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 2205 McMullen Booth Road (Metes and
Bounds Tract 32/18 in Section 33, Township 28 South, Range 16 East). The motion
was duly seconded and carried unanimously.
Ordinance 8547-14 was presented and read by title only. Councilmember Jay Polglaze
moved to pass Ordinance 8547-14 on first reading. The motion was duly seconded.
Councilmember Hoyt Hamilton moved to amend Ordinance 8547-14, page 1, Section 3,
as follows: "...However, such use shall be limited to the keeping of the number of
horses allowed by said Pinellas County Code Section based upon the acreage of the
parcel being annexed, alone or in combination with any other parcel joined to it by a
recorded Unity of Title." The motion was duly seconded and carried unanimously.
Upon roll call, the vote to pass Ordinance 8547-14, as amended was-
'Ayes . Mayor George N. Cretekos, Vice Mayor Doreen Hock-DiPolito,
Councilmember Hoyt Hamilton, Councilmember Bill Jonson, and
Councilmember Jay E. Polglaze.
"Nays": None.
Ordinance 8548-14 was presented and read by title only. Councilmember Bill Jonson
moved to pass Ordinance 8548-14 on first reading. The motion was duly seconded.
Vice Mayor Doreen Hock-DiPolito moved to amend Ordinance 8548-14, page 1, Section
3, as follows: "...However, such use shall be limited to the keeping of the number of
horses allowed by said Pinellas County Code Section based upon the acreage of the
parcel being annexed, alone or in combination with any other parcel joined to it by a
recorded Unity of Title." The motion was duly seconded and carried unanimously.
Upon roll call, the vote to pass Ordinance 8548-14, as amended was-
'Ayes . Mayor George N. Cretekos, Vice Mayor Doreen Hock-DiPolito,
Councilmember Hoyt Hamilton, Councilmember Bill Jonson, and
Councilmember Jay E. Polglaze.
"Nays": None.
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Ordinance 8549-14 was presented and read by title only. Councilmember Jay Polglaze
moved to pass Ordinance 8549-14 on first reading. The motion was duly seconded.
Councilmember Hoyt Hamilton moved to amend Ordinance 8549-14, page 1, Section 3,
as follows: "...However, such use shall be limited to the keeping of the number of
horses allowed by said Pinellas County Code Section based upon the acreage of the
parcel being annexed, alone or in combination with any other parcel joined to it by a
recorded Unity of Title." The motion was duly seconded and carried unanimously.
Upon roll call, the vote to pass Ordinance 8548-14, as amended was-
'Ayes . Mayor George N. Cretekos, Vice Mayor Doreen Hock-DiPolito,
Councilmember Hoyt Hamilton, Councilmember Bill Jonson, and
Councilmember Jay E. Polglaze.
"Nays": None.
7.4 Approve a First Amendment to an existing Development Agreement between
Clearwater Grande LLC, (the property owner) and the City of Clearwater,
providing for the allocation of up to ten units from the Hotel Density Reserve
under Beach by Design, where 80 units were previously obtained on June 19,
2013, for a new overall density of 125.96 units per acre where a maximum
density of 150 units per acre is allowed, adopt Resolution 14-08, and authorize
the appropriate officials to execute same. (HDA2014-02001)
The 1.437-acre subject property is located on the south side of South Gulfview
Boulevard approximately 894 feet west of Gulf Boulevard. The subject property is
currently developed with a 91-room hotel (Quality Inn) and its associated parking
lot. The existing building is located on the east side of the site and oriented
north/south. 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 Clearwater Pass character district of Beach by Design.
The proposal is to amend a previously approved development agreement
(DVA2013-03001) providing for the allocation of up to 10 additional units from the
Hotel Density Reserve under Beach by Design where 80 units were previously
obtained on June 19, 2013 for an overall density of 125.96 units per acre where a
maximum density of 150 units per acre is allowed.
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The requested 10 units will bring the overall number of overnight accommodation
rooms to 181 units with an overall density of 125.96 units per acre. The proposed
density is below the maximum of 150 units per acre for properties that receive
units from the Hotel Density Reserve.
On February 14, 2014, a minor revision was approved that primarily reduced the
mass of the building. Almost 5000 square feet of area was removed from the
parking garage through improved design efficiencies and the use of mechanical
lifts on the top floor of the garage. An additional 12 spaces were gained through
the revisions for a total of 218 spaces where 206 were originally approved. Other
minor design changes include the addition of balconies to many rooms which
previously had none, a reduction in building height by three feet four inches and
the addition of a roof design which better reflects the Hampton Inn and Suites
prototypical roof parapet.
On March 3, 2014, the property owner submitted a Flexible Development
application to amend the approved development project consistent with the
density changes proposed as a part of this development agreement.
This First Amendment to an existing Development Agreement proposes to amend
the development project to retain the existing 91-rooms in the Quality Inn and to
add the requested 10 units to the 80 units already obtained from the Hotel Density
Reserve to build a 90-room overnight accommodation to be known as the
Hampton Inn and Suites.
The development proposal will not degrade the Level of Service (LOS D 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 First Amendment to
the Development Agreement will be in effect for a period not to exceed ten (10)
years and includes the following main provision:
Amends Section 4.2. Parking to be deleted and replaces to read as "The Project
shall include 218 parking spaces, as defined in the Community Development
Code, of which 211 will be provided by a parking garage with 7 additional surface
spaces being provided adjacent to the parking garage. The parking garage, its
accesses, and the surface spaces will be shared with the existing adjacent Quality
Inn site and contains sufficient parking for both hotels."
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Councilmember Bill Jonson moved to approve a First Amendment to an existing
Development Agreement between Clearwater Grande LLC, (the property owner) and
the City of Clearwater, providing for the allocation of up to ten units from the Hotel
Density Reserve under Beach by Design, where 80 units were previously obtained on
June 19, 2013, for a new overall density of 125.96 units per acre where a maximum
density of 150 units per acre is allowed. The motion was duly seconded and carried
unanimously.
Resolution 14-08 was presented and read by title only. Councilmember Jay Polglaze
moved to adopt resolution 14-08. The motion was duly seconded and upon roll call, the
vote was
'Ayes". Mayor George N. Cretekos, Vice Mayor Doreen Hock-DiPolito,
Councilmember Hoyt Hamilton, Councilmember Bill Jonson, and
Councilmember Jay E. Polglaze.
"Nays": None.
7.5 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 3119 Johns Parkway (Lot 3, Johns Parkway
subdivision) together with all abutting Right of Way of Johns Parkway; and pass
Ordinances 8555-14, 8556-14 and 8557-14 on first reading. (ANX2014-02004)
This voluntary annexation petition involves a 0.241-acre property consisting of
one parcel of land occupied by a single-family dwelling. It is on the south side of
Johns Parkway, approximately 360 feet east of McMullen Booth Road (County
Road 611). The applicant is requesting this annexation in order to receive sanitary
sewer and solid waste service from the City. The Development Review Committee
is also proposing that approximately 0.052 acres of right-of-way on Johns
Parkway not currently within the city limits also be annexed (please refer to the
attached annexation map for the specific locations). The property is contiguous to
existing city boundaries to the south and the east. It is proposed that the property
be assigned a Future Land Use Plan 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. The closest sewer line
is located in the Johns Parkway right-of-way. 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
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North McMullen Booth Road. Fire and emergency medical services will be
provided to this property by Station 49 located at 565 Sky Harbor Drive. The City
has adequate capacity to serve this property with sanitary sewer, solid waste,
police, fire and EMS service. The proposed annexation will not have an adverse
effect on public facilities and their levels of service; and
The proposed annexation is consistent with and promotes the following 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
The property proposed for annexation is contiguous to existing city boundaries to
the south and the east; therefore, the annexation is consistent with Florida
Statutes Chapter 171.044.
Councilmember Hoyt Hamilton 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 3119 Johns Parkway (Lot 3, Johns
Parkway subdivision) together with all abutting Right of Way of Johns Parkway. The
motion was duly seconded and carried unanimously.
Ordinance 8555-14 was presented and read by title only. Councilmember Bill Jonson
moved to pass Ordinance 8555-14 on first reading. The motion was duly seconded and
upon roll call, the vote was:
'Ayes". Mayor George N. Cretekos, Vice Mayor Doreen Hock-DiPolito,
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Councilmember Hoyt Hamilton, Councilmember Bill Jonson, and
Councilmember Jay E. Polglaze.
"Nays": None.
Ordinance 8556-14 was presented and read by title only. Vice Mayor Doreen Hock-
DiPolito moved to pass Ordinance 8556-14 on first reading. The motion was duly
seconded and upon roll call, the vote was-
'Ayes . Mayor George N. Cretekos, Vice Mayor Doreen Hock-DiPolito,
Councilmember Hoyt Hamilton, Councilmember Bill Jonson, and
Councilmember Jay E. Polglaze.
"Nays": None.
Ordinance 8557-14 was presented and read by title only. Councilmember Jay Polglaze
moved to pass Ordinance 8557-14 on first reading. The motion was duly seconded and
upon roll call, the vote was-
'Ayes . Mayor George N. Cretekos, Vice Mayor Doreen Hock-DiPolito,
Councilmember Hoyt Hamilton, Councilmember Bill Jonson, and
Councilmember Jay E. Polglaze.
"Nays": None.
7.6 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 1235 Palm Street, 1942 North Betty Lane, and
1996 North Betty Lane, together with certain right-of-way of North Betty Lane,
located south of State Street; and pass Ordinances 8561-14, 8562-14 and 8563-
14 on first reading. (ANX2014-02006)
This voluntary annexation petition involves three parcels of land totaling 0.329
acres. All parcels are occupied by a single-family dwelling. The three lots are
located south of Union Street, east of Douglas Avenue, north of Sunset Point
Road (SR 576), and west of Kings Highway. The applicants are 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 Development Review Committee is also
proposing that approximately 0.091 acres of right-of-way on North Betty Lane not
currently within the city limits also be annexed. The properties proposed for
annexation are contiguous to existing city boundaries along at least one property
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boundary. It is proposed that the properties be assigned a 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 properties currently receive water service from the City. Collection of solid
waste will be provided to the properties by the City. The applicants 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
properties are located within Police District II and service will be administered
through the district headquarters located at 645 Pierce Street. Fire and
emergency medical services will be provided to these properties by Station 51
located at 1720 Overbrook Avenue. The City has adequate capacity to serve
these properties with sanitary sewer, solid waste, police, fire and EMS service.
The proposed annexations will not have an adverse effect on public facilities and
their levels of service; and
The proposed annexations are consistent with and promotes the following
objectives 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 these properties. This
designation primarily permits residential uses at a density of 7.5 units per acre.
The proposed zoning district to be assigned to the properties is the Low Medium
Density Residential (LMDR) District. The use of the subject properties is
consistent with the uses allowed in the district and the properties exceed the
district's minimum dimensional requirements. The proposed annexations are
therefore consistent with the Countywide Plan and the City's Comprehensive Plan
and Community Development Code; and
Council 2014-04-16 14
The properties proposed for annexation are contiguous to existing City boundaries
along at least one property boundary; therefore, the annexations are consistent
with Florida Statutes Chapter 171.044.
Councilmember Hoyt Hamilton 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 1235 Palm Street, 1942 North
Betty Lane, and 1996 North Betty Lane, together with certain right-of-way of North Betty
Lane, located south of State Street. The motion was duly seconded and carried
unanimously.
Ordinance 8561-14 was presented and read by title only. Councilmember Bill Jonson
moved to pass Ordinance 8561-14 on first reading. The motion was duly seconded and
upon roll call, the vote was-
'Ayes . Mayor George N. Cretekos, Vice Mayor Doreen Hock-DiPolito,
Councilmember Hoyt Hamilton, Councilmember Bill Jonson, and
Councilmember Jay E. Polglaze.
"Nays": None.
Ordinance 8562-14 was presented and read by title only. Vice Mayor Doreen Hock-
DiPolito moved to pass Ordinance 8562-14 on first reading. The motion was duly
seconded and upon roll call, the vote was-
'Ayes . Mayor George N. Cretekos, Vice Mayor Doreen Hock-DiPolito,
Councilmember Hoyt Hamilton, Councilmember Bill Jonson, and
Councilmember Jay E. Polglaze.
"Nays": None.
Ordinance 8563-14 was presented and read by title only. Councilmember Jay Polglaze
moved to pass Ordinance 8563-14 on first reading. The motion was duly seconded and
upon roll call, the vote was-
'Ayes . Mayor George N. Cretekos, Vice Mayor Doreen Hock-DiPolito,
Councilmember Hoyt Hamilton, Councilmember Bill Jonson, and
Councilmember Jay E. Polglaze.
"Nays": None.
City Manager Reports
Council 2014-04-16 15
8. Consent Agenda —Approved as submitted.
8.1 Approve settlement of the liability claim of Ms. Victoria Kossaris for payment of
$90,000.00 and authorize the appropriate officials to execute same. (consent)
8.2 Approve Revocable License Agreement from April 17, 2014 through April 16,
2015 with All Around Amusements, LLC (AAA) to provide entertainment
concessions at Pier 60 Park, and authorize the appropriate officials to execute
same. (consent)
8.3 Approve the Purchase Contract for the City's purchase of real property from CSX
Transportation, Inc. located adjacent to Ross Norton Park, with a purchase price
of$72,000 and total expenditures not to exceed $78,000, and authorize the
appropriate officials to execute same, together with all other instruments required
to affect closing. (consent)
8.4 Award a Contract (Purchase Order) for$348,861.50 to Alan Jay Fleet Sales of
Sebring, FL for the purchase of eleven 2014 Ford F350 pickup trucks, in
accordance with the Florida State Term Contract 071-000-14-1, 2.564(1)(d),
Code of Ordinances - Other Governmental Bid; authorize lease purchase under
the City's Master Lease Purchase Agreement, or internal financing via an
interfund loan from the Capital Improvement Fund, whichever is deemed to be in
the City's best interests; and authorize the appropriate officials to execute same.
consent
8.5 Award a Contract (Purchase Order) for$980,566.35 to Rush Truck Centers of
Tampa, FL for the purchase of three Peterbilt Model 320 Front End Loaders in
accordance with the Florida Sheriffs contract 13-11-0904 Spec 14, 2.564(1)(d),
Code of Ordinances - Other Governmental Bid; authorize lease purchase under
the City's Master Lease Purchase Agreement, or internal financing via an
interfund loan from the Capital Improvement Fund, whichever is deemed to be in
the City's best interest; and authorize the appropriate officials to execute same.
consent
8.6 Award a Contract (Purchase Order) for$189,642.00 to Nortrax SE, LLC of
Wesley Chapel, FL for the purchase of one 2014 John Deere 644K Front End
Loader, in accordance with the Florida Sheriffs Contract 13-11-0904,
2.564(1)(d), Code of Ordinances - Other Governmental Bid; authorize lease
purchase under the City's Master Lease Purchase Agreement, or internal
financing via an interfund loan from the Capital Improvement Fund, whichever is
deemed to be in the City's best interest; and authorize the appropriate officials to
execute same. (consent)
Council 2014-04-16 16
8.7 Award a Contract (Purchase Order) for$218,000.00 to Powerscreen of Florida,
Inc. of Lakeland, FL for the purchase of one Powerscreen Portable Materials
Screening Plant-Engineering equipment, in accordance with Bid 07-14,
2.5610)(a), Code of Ordinances - Notice Inviting Bids; authorize lease purchase
under the City's Master Lease Purchase Agreement, or internal financing via an
interfund loan from the Capital Improvement Fund, whichever is deemed to be in
the City's best interest; and authorize the appropriate officials to execute same.
consent
8.8 Award a Contract (Purchase Order) for$527,408.00 to Container Systems and
Equipment Company, Inc. of Daytona Beach, FL for two Crane Carrier Low Entry
Crew Cab Chassis with Loadmaster Excel Rearloader Body in accordance with
the Florida Sheriffs Contract 13-11-0904 Spec No. 014, with 2.564(1)(d), Code
of Ordinances - Other Governmental Bid; authorize lease purchase under the
City's Master Lease Purchase Agreement, or internal financing via an interfund
loan from the Capital Improvement Fund, whichever is deemed to be in the City's
best interest; and authorize the appropriate officials to execute same. (consent)
8.9 Approve a contract (purchase order) to Communications International Inc., of
Vero Beach, FL in the amount of$94,858.59 to construct a microwave link from
Clearwater Police department to the main radio tower, in accordance with Sec.
2.5640)(b), Code of Ordinances-Sole Source and authorize the appropriate
officials to execute same. (consent)
8.10 Approve a two year extension to BPO BR508064 with Xylem, Inc. of Apopka,
Florida for Flygt pumps, replacement parts and factory authorized service for the
contract period of May 01, 2014 to April 30, 2016, and authorize the appropriate
the appropriate officials to execute same. (consent)
8.11 Approve a one-year extension and an increase of$73,690.00 and to existing
contract (BPO BR508863) with Water Specialists Technologies LLC, of Sanford,
FL for a three-year (Fiscal Year 2013 Fiscal Year 2015) total contract amount of
$206,788.80, of which $183,686.25 is the balance needed for the remainder of
Fiscal Year 2014 and for Fiscal Year 2015 for the purchase of copper precipitant
TR-50, and authorize the appropriate officials to execute same. (consent)
8.12 Approve the conveyance of a Distribution Easement to be granted to Duke
Energy for the installation of electrical facilities to provide service to a water
production well at Kapok Park, and authorize the appropriate officials to execute
same. (consent)
8.13 Accept a Fire Hydrant and Utilities Easement conveyed by Sunset Point
Council 2014-04-16 17
Apartments, Inc. over property located at 1401 Sunset Point Road, Clearwater,
FL, subject to approval of said easement by the United States of America,
Secretary of Housing and Urban Development (HUD). (consent)
8.14 Accept a Sidewalk Easement conveyed by 520HC, LLC over property located at
520 Howard Court, Clearwater. (consent)
8.15 Reappoint John Funk to the Community Development Board as the alternate
member with term to expire April 30, 2018. (consent)
8.16 Reappoint Jerri Menaul to the Public Art and Design Board (Artist Qualification)
with a term to expire April 30, 2018. (consent)
8.17 Approve a Legal Services Agreement hiring the Law Firm of Richards, Gilkey,
Fite, Slaughter, Pratesi and Ward, to represent the City in reviewing the
purchase agreement and condominium documents pertaining to the proposed
parking garage at the Pelican Walk Shopping Center for an amount not to
exceed $40,000, and authorize the appropriate officials to execute same.
consent
Councilmember Hoyt Hamilton moved to approve the Consent Agenda as submitted
and authorize the appropriate officials to execute same. The motion was duly seconded
and carried unanimously.
9. Other Items on City Manager Reports
9.1 Ratify and Confirm Change Order 2 to Wharton-Smith, Inc. of Sanford, Florida
for the Marshall Street WRF Clarifier 1-4 Rehabilitation project (11-0053-UT) for
a time extension of 34 days for a total extension of 93 days.
Clearwater City Council awarded a $1.79 million contract in August 2012 to
Wharton-Smith for the Marshall Street WRF Clarifier 1-4 Rehabilitation project
(11-0053-UT). The project notice to proceed was September 17, 2012 with a
September 16, 2013 completion (365-day contract). The project was substantially
complete on December 18, 2013. The delay was due to initial problems with
implementing a successful dewatering plan by Wharton-Smith prior to draining the
clarifiers and encountering uneven clarifier floor elevations that required
modifications to the center columns of the equipment. The project contingency
covered the modification costs as unforeseen field conditions. The city paid no
additional project costs due to the late completion date.
Administrative Change Order 1 added 59 days to the contract, deducted an
Owner Direct Purchase (ODP) item and approximately $25,000 in tax savings to
the city, and retuned $3,451 of unused contingency to the project. The project was
completed under budget.
Council 2014-04-16 18
Councilmember Hoyt Hamilton moved to ratify and confirm Change Order 2 to Wharton-
Smith, Inc. of Sanford, Florida for the Marshall Street WRF Clarifier 1-4 Rehabilitation
project (11-0053-UT) for a time extension of 34 days for a total extension of 93 days.
The motion was duly seconded and carried unanimously.
9.2 Approve the Scope of Services Assignment, the recommended list of agencies
to participate in ULI Resource Persons Interviews, and the Advisory Services
Agreement with Urban Land Institute and authorize the appropriate officials to
execute same.
The Scope of Services will provide direction for the ULI Advisory Service Panel
(ASP) regarding the future continued growth and development of downtown
Clearwater.
The area to be considered is that area delineated in the Clearwater Downtown
Redevelopment Plan (CDRP). The CDRP is largely co-terminus with the
established community redevelopment area, but contains additional areas not
included in the Community Redevelopment Area.
The Advisory Service Panel is requested to review and comment on the overall
philosophy and direction of the plan. In addition, the panel is being directed to
address more specifically the Old Bay District, East Gateway, and the downtown
core and waterfront areas.
It is anticipated that the panel will conduct their review the week of June 15. A
daily summation of the activities and events associated with the week long
process is available. In support of this effort, a list of resource persons and a
briefing document will be provided to the ULI Advisory Service Panel team.
Funding for the ULI contract is budgeted in Special Program project 181-99860,
Strategic Direction Action Plan.
Staff was directed to include representatives from the following organizations in the ULI
Resource Persons Interviews: Metropolitan Planning Organization/Pinellas Planning
Council, Clearwater Beach Chamber of Commerce, Morton Plant/BayCare, Clearwater
Free Clinic, Clearwater Historical Society, Francis Wilson Playhouse, Ruth Eckerd
Hall/Capitol Theatre, and Jolley Trolley.
It was suggested that staff consider reaching out to the following individuals if additional
participants are needed: Peter Leach, Geoff Weber, Terry Tsafatinos, Mr. Crum, and
Tom Kennedy.
It was suggested that organizations identify representatives with a cross-section of
opinions.
Council 2014-04-16 19
In response to questions, Assistant City Manager Jill Silverboard said the City Manager,
Assistant City Managers, Planning and Development Director and staff, Economic
Development and Housing Director and staff, Library Director, and the Parks and
Recreation Director will be engaged in the interview process. Staff has not identified all
staff members involved; there is a sensitivity to the number of staff members
participating in the interviews.
Assistant City Manager Rod Irwin suggested adding representatives from the East
Gateway Business and Neighborhood Association to the interview process.
One individual spoke in support.
Councilmember Bill Jonson moved to approve the Scope of Services Assignment, the
recommended list of agencies to participate in ULI Resource Persons Interviews, and
the Advisory Services Agreement with Urban Land Institute and authorize the
appropriate officials to execute same. The motion was duly seconded and carried
unanimously.
Miscellaneous Reports and Items
10. City Manager Verbal Reports
10.1 City Manager Verbal Reports
The City Manager said the City of Largo last night passed a resolution initiating a
conflict resolution process with Pinellas County involving the proposed EMS changes.
The City of Largo will be sending out a letter to all municipalities seeking intention to
participate, or not, in the conflict resolution process. The City will have a short timeframe
to respond to Largo's letter; a response must be provided prior to the next council
meeting. Staff is requesting Council to schedule a special meeting on the proposed
changes of EMS and address Largo's request. Staff anticipates the special meeting will
last approximately two hours.
There was consensus to schedule the special meeting on Monday, April 21, 2014 at
3:00 p.m.
11. Other Council Action
11.1 North Beach Sand Issue
The City Attorney said Wendy Hutkin and Steve Samaha of the Clearwater Beach
Association (CBA) approached her regarding the City facilitating a discussion between
the CBA members and the property owners who have built obstructions on the beach in
Council 2014-04-16 20
hopes of finding a resolution to this conflict. Council will approve an agreement once
the facilitator has been selected.
One individual spoke in support and thanked the City for their assistance in the matter.
One individual suggested if property owners rightly own the land to the water, the City
should contact Pinellas County regarding the assessment of property taxes should
include all land, not just the platted area.
Councilmember Bill Jonson moved to accept the City Attorney's recommendation to
proceed with a facilitator. The motion was duly seconded and carried unanimously.
12. Closing Comments by Mayor
Mayor George Cretekos reviewed recent and upcoming events.
13. Adjourn
The meeting adjourned at 7:56 p.m.
Attest
City Clerk
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ayor
of Clearwater
Council 2014 -04 -16 21