04/14/2014 CITY COUNCIL WORK SESSION MEETING MINUTES
CITY OF CLEARWATER
April 14, 2014
Present: Mayor George N. Cretekos, Vice Mayor Doreen Hock-DiPolito,
Councilmember Hoyt Hamilton, Councilmember Bill Jonson,
Councilmember Jay E. Polglaze
Also Present: Jill S. Silverboard - Assistant City Manager, Rod Irwin -Assistant City
Manager, Pamela Akin - City Attorney, Rosemarie Call - City Clerk,
Nicole Sprague — Official Records and Legislative Services
To provide continuity for research, items are listed in agenda order although not
necessarily discussed in that order.
Mayor George Cretekos called the meeting to order at 1:00 p.m. at City Hall.
1. Presentations — Given.
1.1 Service Awards
Three service awards were presented to city employees.
1.2 American Membrane Technology Association (AMTA) /American Water Works
Association (AWWA) Awards - 1) Membrane Plant of the Year: Glenn Daniel
and Fred Hemerick 2) Membrane Plant Operator of the Year: Fred Hemerick
The Council recessed from 1:08 p.m. to 1:51 p.m. to meet as the Pension Trustees.
2. Financial Services
2.1 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)
The claimant was a passenger in a car traveling south on the US 19 access road
turning right, or westbound, onto Drew Street. A police cruiser with emergency
lights/siren on was behind the claimant car also intending to turn right. The
claimant driver suddenly saw a second police cruiser traveling west on Drew with
its emergency lights/siren on. The claimant car stopped suddenly and the first
police cruiser rear-ended the claimant car. The claimant was injured and that is
the basis of her claim. Ms. Kossaris' claim can be settled for$90,000.00. The
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City's limit of liability as provided by Section 768.28, Florida Statutes is $200,000.
The City's Risk Management Division and City's Claims Committee recommend
this settlement. Funding for the payment of this settlement is available in the
budget for claims expense in the Central Insurance Fund.
3. Parks and Recreation
3.1 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)
On June 6, 2013, the Council approved Revocable License Agreements with
Ultimate Bounce, LLC (UB) and Emerald Coast Bungee, Inc. (ECB), to provide
entertainment concessions at Pier 60 Park. The License Agreement with UB was
mutually terminated on December 17, 2013.
On February 17, 2014, a Request for Proposal (RFP) was issued for beach
entertainment concessions at Pier 60 Park and Beach to replace UB. Staff is
recommending that a new Revocable License Agreement be approved with AAA.
AAA will provide an inflatable bounce house, dry slide, wet slide and other
inflatable concessions. Under the License Agreement, AAA will remit a license
fee equal to $52,500 per Fiscal Year. Staff is recommending a flat monthly
license fee since the financial oversight and reporting of the percent basis is
difficult to manage and this assures the City of a set amount of revenue that can
be budgeted in the general fund. The City will have the opportunity to renew the
agreement on an annual basis up to four more additional years at which time a
new RFP will be issued for renewed or new services. All new or replacement
amusements must be approved by the Parks and Recreation Director or their
designee.
Parks and Recreation Director Kevin Dunbar said staff will be providing a change in the
background check requirement prior to the council meeting. The City has been requiring
the vendor to undergo the same FDLE (Florida Department of Law Enforcement)
background check as conducted for city employees. The vendor is unable to meet this
requirement because FDLE is not willing to go to that extent since it is not a youth
oriented activity. Language requiring the vendor to obtain the highest available
background check allowed by law will be included in the agreement. FDLE would allow
the background screening if the activity is strictly for youth oriented activities.
3.2 Approve the Purchase Contract for the City's purchase of real property from CSX
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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)
The subject property is located between Lakeview Road and Woodlawn Street
along the boundary of the existing railroad right-of-way. The property is a strip of
land approximately 15 ft. wide and 1,100 ft. long immediately west of Ross Norton
Park. The acquisition is necessary to complete the recreation trail project at Ross
Norton/Ed Wright Park.
Two appraisals were performed on the property. CSX provided an appraisal report
with a value conclusion of$71,500. This report was prepared by McKeon and
Menard Real Estate Advisory and Valuation Services, an independent appraisal
firm. At the City's request, James Millspaugh and Associates, Inc., an
independent appraisal firm, prepared a report with a value conclusion of$28,200.
The difference in value conclusions can be attributed to McKeon and Menard's
use of the Across the Fence (ATF) appraisal method. The ATF method is
common practice in the appraisal industry in valuing corridors and typically results
in a higher value conclusion. Mr. Millspaugh applied a more traditional appraisal
method. Both appraisal reports meet the requirements of the Code of Professional
Ethics and Uniform Standards of Professional Appraisal Practice of the Appraisal
I nstitute.
A mid-year amendment will transfer $78,000 of Recreation Land Impact Fees
from the Special Development Fund into project 315-93272, Bicycle Path/Bridges.
4. Solid Waste/General Support Services
4.1 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
The eleven Ford F350 pickup trucks will be purchased through the Florida State
Term Contract 071-000-14-1 quotes dated December 20, 2013.
Five vehicles will replace G2166 (1999 Chevy 3500 pickup truck) with 82,063
miles, G2824 (2004 Chevy 1500 pickup truck) with 98,298 miles, G2167 (1999
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Chevy 3500 pickup truck) with 81,587 miles, G2821 (2004 Chevy 3500 pickup
truck) with 97,300 miles, and G2653 (2003 Chevy 3500 pickup truck) with 89,908
miles. These vehicles are assigned to the Parks and Recreation Department.
Five vehicles will replace G2566 (2001 Chevy 3500 pickup truck) with 92,979
miles, G2589 (2002 Chevy 3500 pickup truck) with 87,943 miles, G2590 (2003
Chevy 3500 pickup truck) with 85,256 miles, G2869 (2004 Chevy 3500 pickup
truck) with 87,108 miles, and G2429 (2001 Chevy 1500 pickup truck) with 91,033
miles. These vehicles are assigned to the Public Utilities Department.
One vehicle will replace G3305 (2007 Ford F150 pickup truck) with 103,250 miles.
This vehicle is assigned to the Clearwater Gas Department.
These vehicles were included in the Fiscal Year 2013/2014 Garage CIP
Replacement Fund.
4.2 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
The three Front End Loaders will be purchased through the Florida Sheriffs
Contract 13-11-0904 and quote dated January 31, 2014.These vehicles will
replace G2893 (2005 Peterbilt FEL) with 85,600 miles, G2894 (2005 Peterbilt
FEL) with 85,159 miles and G2935 (2005 Peterbilt FEL) with 101,444 miles and
are assigned to the Solid Waste Department.
The replacement vehicles will have CNG engines.
These vehicles were included in the Fiscal Year 2013/2014 Garage CIP
Replacement Fund.
4.3 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,
2.5640)(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)
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This tractor will be purchased through the Florida Sheriffs Contract 13-11-0904
and quote dated October 1, 2013. The John Deere 644K Front End Loader will
replace G0381 (1992 John Deere 644E Wheel Loader) with 5,213 hours. This
tractor is assigned to the Parks and Recreation Department.
This vehicle was included in the Fiscal Year 2013/2014 Garage CIP Replacement
Fund.
4.4 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
The Screening Plant will be purchased through bid 07-14 and quote dated
November 14, 2013.
The Screening Plant will replace G2768 (CEC Track Mounted Screening Plant)
with 2,945 hours and will be assigned to the Public Utilities Department.
This equipment was included in the Fiscal Year 2013/2014 Garage CIP
Replacement Fund.
4.5 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 2.5640)(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)
The two vehicles will be purchased through the Florida Sheriffs Contract 13-11-
0904 quote date October 9, 2013.These vehicles will replace G2558 (2004 Crane
Carrier Rear Loader) with 123,066 miles and G2892 (2002 Crane Carrier Rear
Loader) with 112,012 miles.
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The new vehicles will be CNG and will be assigned to the Solid Waste
Department.
These vehicles were included in the Fiscal Year 2013/2014 Garage CIP
Replacement Fund.
4.6 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)
On August 29, 2013, a contractor doing work not associated with the City dug
through a fiber optic cable that caused an outage at Clearwater Police dispatch.
Dispatch continued to operate using emergency procedures normally reserved for
power outages, until the line was repaired the next morning. Authorizing
construction of this micro-wave link will give dispatch a much needed redundancy
to continue operations uninterrupted in the event that this occurs again.
Funding for the microwave link will be provided by a mid-year budget amendment
transferring $94,858.59 from the Garage Fund retained earnings.
This is a sole source provider.
In response to questions, IT Director Dan Mayer said a second fiber link alternative was
considered but staff determined it was more expensive. The second fiber link would
take a different route than the current path. Staff also considered a fiber link that goes to
the north tower but concerns were raised regarding the impact of the upcoming P25
upgrades. No cheaper alternatives were found.
5. Public Utilities
5.1 Approve a two year extension to BPO BR508064 with Xylem, Inc. of Apopka,
Florida for Flvqt 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)
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Flygt pumps are standardized in the City wastewater facilities for lift stations,
submerged internal recycle and backwash pumping applications due to reliability
of the pumps and to facilitate operational and maintenance efficiency.
Standardization of pumping equipment reduces redesign/retrofit of the piping
systems and overall down time, which is critical to maintaining regulatory
compliance. Standardization also reduces the required stocking of parts and
replacement pumps, and the cost of maintenance operations.
Xylem, Inc. of Apopka, Florida is the sole source vendor for Flygt pumps,
replacement parts and factory authorized service in Florida, east of the
Apalachicola River. Public Utilities staff has negotiated with Xylem, Inc. to honor
the Hillsborough County Public Utilities Departments BPO discount from the most
recent manufacturer's published price list on pumps, parts and labor. Sole source
purchase of these pumps, parts and services meets all requirements of Section
2.564 (1)(b) Code of Ordinances.
The City's current contract is for$375,000.00, which was approved by Council on
May 3, 2012, for the period May 3, 2012 to April 30, 2014. The current balance of
BR508064 is $207,453.70. No additional funding is requested due to the existing
contract balance, only additional time. The BPO expires on April 30, 2014 and
requires renewal at this time to assure adequate ability to address emergency
repairs.
Sufficient budget is available in the Water and Sewer Utility Fund, Water
Reclamation Facility operating cost center 0421-01351-550400-535-000-0000 to
fund $12,371.50 of the Fiscal Year 13/14 cost and is planned in the budget
request to be brought forward for Fiscal Year14/15 in the amount of$29,513.72,
and in Fiscal Year 15/16 the amount of$17,142.21, and in the Maintenance
operating cost center 0421-01347-550400-535-000-0000 to fund $31,108.52 of
the Fiscal Year 13/14 cost and is planned in the budget request to be brought
forward for Fiscal Year 14/15 in the amount of$74,213.13 and in Fiscal Year
15/16 the amount of$43,104.62.
5.2 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)
Council 4/14/2014 7
The City of Clearwater owns and operates three Water Reclamation Facilities
(WRF) and must comply with regulatory requirements as set forth in the operating
permits issued through the Florida Department of Environmental Protection
(FDEP). TR-50 is a copper precipitant used to maintain permit compliance for
copper removal limitations in effluent discharged into receiving surface waters.
The FDEP permitted effluent limit is 3.7 parts per billion.
This is a proprietary, sole source product. It was selected for use in 2006, after an
extensive engineering study was undertaken to select the product best capable of
allowing the City's facilities to meet FDEP permit requirements, while not causing
any toxicity, creating any chemical interaction side effects, and being the most
cost-effective.
Water Specialists Technologies (WST) is the manufacturer and sole source of TR-
50. They hold patent number 4,943,377 for Thio-Red, a method for removing
dissolved heavy metals from waste oils, industrial wastewaters, or any polar
solvent. Thio-Red is the primary ingredient in TR-50, and Water Specialists
Technologies is the sole manufacturer of this product. WST does not currently
have any other TR-50 distributors within the state of Florida.
Clearwater is regarded by WST as a preferred customer. WST has held
Clearwater's discounted price for this chemistry at or below their distributors'
pricing for many years. The attached pricing letter reflects our arrangement for the
return of used totes (a discount that is not extended to any of their other
customers).
This product has met all expectations and has performed very well. It has not
exhibited any toxicity and has not created any chemical interaction related ill
effects. The plants have met the FDEP/USEPA copper limitation ever since we
began using TR-50.
Sufficient budget is available in the Water and Sewer Utility Fund operating cost
center 0421-01351-551000-535-000-0000, WPC Operations, to fund $76,997.25
of the current year cost of this contract increase and is planned in the budget
request to be brought forward for Fiscal Year 2014/2015 in the amount of
$106,689.00.
6. Engineering
6.1 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. (consent)
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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.
Staff was directed to take Item 6.1 off the Consent Agenda.
6.2 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)
The City has requested that Duke Energy install facilities to provide electrical
service to a new production well at Kapok Park. The easement corridor traverses
through Eddie C. Moore Softball Complex providing for electrical service
connection to the well from Drew Street. The well will provide raw water to
Reverse Osmosis Water Treatment Plant 2 (City Project 10-0039-UT).
6.3 Accept a Fire Hydrant and Utilities Easement conveyed by Sunset Point
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)
Recently completed improvements on property located at 1401 Sunset Point
Road were approved by city staff on January 10, 2013, under Building
Permit/Case No. BCP2011-05394. Pursuant to the building permit, a new fire
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hydrant and appurtenant utilities have been installed on private property. The
proposed easement will give the City appropriate authority to use and maintain
the facilities. The property is encumbered by interests in favor of HUD. HUD
processes require that HUD approves and records the easement as Public
Record following the City's acceptance of same.
6.4 Accept a Sidewalk Easement conveyed by 520HC, LLC over property located at
520 Howard Court, Clearwater. (consent)
Plans to construct improvements on property located at 520 Howard Court were
approved by the Development Review Committee on April 30, 2013, under Case
No. FLS2013-02008. Improvements now completed include a sidewalk partially
located on private property. The proposed easement is being donated to the City
and will make the sidewalk available for public use. The City will take on
responsibility for maintenance of the sidewalk which ties into an existing public
sidewalk on Howard Court.
7. Planning
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)
7.2 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
Council 4/14/2014 10
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
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.
Council 4/14/2014 11
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.
In response to questions, Planner Lauren Matzke said the parcel with the barn is within
city limits. 3081 Crest was one parcel when the Agreement to Annex was signed and
had the right to maintain horses under the County's zoning; the right was conveyed to
them through the 2010 annexation ordinance.
In response to a question, the City Attorney said that the horses would be allowed
because the City would agree to grandfather the Applicant under the County's existing
provisions. The City does not allow horses, chicken, or pigs. Assistant City Attorney
Leslie Dougall-Sides said as long the use was maintained by the property owner, the
owner can have up to two horses on the property. If the non-conforming use is
abandoned for one year then the use cannot be continued.
The City Attorney said the county allows backyard chickens but that provision does not
currently apply within city limits. Council would have to pass an ordinance to allow
backyard chickens.
7.3 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
Council 4/14/2014 12
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
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 Citya??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
Council 4/14/2014 13
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.
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 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
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:
Council 4/14/2014 14
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
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.
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 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.
Council 4/14/2014 16
Objective A.7.2: Diversify and expand the City's tax base through the annexation
of a variety of land uses located within the Clearwater Planning Area.
The proposed Residential 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.
In response to a question, Planner Lauren Matzke said the impact fee is $900 per
dwelling unit during construction; the City is subsidizing the remaining cost. The
properties became contiguous over the past year.
7.6 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.
Council 4/14/2014 17
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.
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 years
and includes the following main provision:
Council 4/14/2014 18
�roject Amends Section 4.2. Parking to be deleted and replaces to read as "The
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."
In response to a question, Assistant City Attorney Leslie Dougall-Sides said there is one
new application under the new hotel density process. Council may establish a policy
that directs the new language pertaining to transient use and hotel desk be included if a
previously approved development agreement is amended.
The City Attorney said the Applicant is willing to conform to several of the provisions
being discussed. The Applicant is not pursuing fractional ownership units and is willing
to include the provision in the agreement.
7.7 Approve the Scope of Services Assignment and the Advisory Services
Agreement with Urban Land Institute and authorize the appropriate officials to
execute same. (consent)
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.
Council 4/14/2014 19
In response to questions, Planning and Development Director Michael Delk said the
week of June 15 was suggested because it was a council meeting week and
Councilmembers would be available to meet with the ULI panelists. The scope of
review may be adjusted to include an art district or other areas in addition to Downtown.
Concerns were expressed with directing panelists on what areas to review. Mr. Delk
suggested keeping recommendations broad.
Staff was directed to take Item 7.7 off the Consent Agenda.
Council recessed from 3:01 p.m. to 3:10 p.m.
8. Official Records and Legislative Services
8.1 Reappoint John Funk to the Community Development Board as the alternate
member with term to expire April 30, 2018.
There was consensus to reappoint John Funk as the alternate member. Staff was
directed to place the item on the Consent Agenda.
8.2 Reappoint Jerri Menaul to the Public Art and Design Board (Artist Qualification)
with a term to expire April 30, 2018.
There was consensus to reappoint Jerri Menaul. Staff was directed to place the item on
the Consent Agenda.
8.3 City Council Rules and Policies (WSO)
The City Council Rules and Policies are reviewed annually. Council will discuss
proposed amendments at the April 28, 2014 work session.
9. Legal
9.1 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
Emil Pratesi, Esq. and Carlton Ward, Esq. of the Law Firm Richards, Gilkey, Fite,
Slaughter, Pratesi and Ward specialize in commercial real estate and
Council 4/14/2014 20
condominium documentation. The City Attorney would like to hire them as
outside counsel to work on the purchase agreement and condominium
documents for the Pelican Walk Parking Garage project. The budget for this
representation is not to exceed $40,000 and is available in the City Attorney's
professional services budget.
10. City Manager Verbal Reports
10.1 City Manager Verbal Reports — None.
11. Council Discussion Items
11.1 North Beach Sand Issue
The City Attorney said she met with Wendy Hutkin and Steve Somaha, Clearwater
Beach Association representatives, regarding their concerns with roping off certain
beach points, as well as the placement of no trespassing signs. They have requested
the City to coordinate a mediation type process between the affected property owners
and the Association. This process would be voluntary as it is not court-ordered. The
intent of the facilitated discussion would be to reach a compromise on the matter
outside of litigation. The City Attorney recommended that the City not conduct the
mediation but hire outside mediator, such as a retired judge.
In response to questions, the City Attorney said it is possible that the matter end up in
court in order to resolve the rights of the property. One property owner has been issued
a permit by the Department of Environmental Protection. The right to isolate the
property relates to the original property plat. The total estimated time to conduct the
facilitated discussion is ten hours with a $300 hourly cost for the mediator. The
maximum cost would be $5,000.
Staff was directed to place the item on the council agenda in order to provide direction
to the City Attorney.
12. Closing Comments by Mayor
Mayor Cretekos reminded all that the council meeting is on Wednesday.
13. Adjourn
The meeting adjourned at 3:30 p.m.
Council 4/14/2014 21