03/19/2015 City Council Meeting Minutes March 19, 2015
City of Clearwater
City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
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Meeting Minutes
Thursday, March 19, 2015
6:00 PM
Council Chambers
City Council
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City of Clearwater
City Council Meeting Minutes March 19, 2015
Roll Call
Present: 5 - Mayor George N. Cretekos, Vice Mayor Doreen Hock-DiPolito,
Councilmember Bill Jonson, Councilmember Hoyt Hamilton and
Councilmember Jay E. Polglaze
Also Present: William B. Horne II - City Manager, Jill Silverboard —Assistant City Manager,
Rod Irwin - Assistant City Manager, Pamela K. Akin - City Attorney,
Rosemarie Call - City Clerk, and Nicole Sprague — Official Records and
Legislative Services Coordinator
To provide continuity for research, items are listed in agenda order although not necessarily
discussed in that order.
1. Call to Order— Mayor Cretekos
The meeting was called to order at 6:00 p.m. at City Hall.
2. Invocation — Asst. Pastor Silkauskas from Heritage Methodist Church
3. Pledge of Allegiance — Edmond White and Dylan Bond, Clearwater Little League
4. Special recognitions and awards (Proclamations, service awards, or other
special recognitions) — Given.
4.1 April is Water Conservation Month Proclamation, April 2015 — Tracy Mercer, Public Utilities
Director and Glenn Daniel, Reclaim Water and Waste Water Collection Manager
4.2 Clearwater Little League Plaque presentation to the City — Nina Bond,
Clearwater Little League Board Member
Ms. Bond thanked the City for their continued support and presented a plaque
of appreciation.
4.3 Duke Energy Power Partners Award for LED streetlight conversion project - Alex Glenn,
Duke Energy Florida President
Mr. Glenn presented the award to the City for their leadership and innovation.
Clearwater was the first municipality to convert the incandescent bulbs for
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City Council Meeting Minutes March 19, 2015
streetlights to LED.
5. Approval of Minutes
5.1 Approve the minutes of the March 5, 2015 City Council Meeting as submitted in
written summation by the City Clerk.
Councilmember Jonson moved to approve the minutes of the
March 5, 2015 City Council Meeting as submitted in written
summation by the City Clerk. The motion was duly seconded and
carried unanimously.
6. Citizens to be heard re items not on the agenda
Richard Clemens, Clearwater Library Foundation President,
reviewed recent fundraising efforts and presented a $100,000-check to
the City for enhancements at the new Countryside Library.
Bill Youmans expressed concerns with vehicular traffic and lack of
parking in various areas of the City and requested consideration for a
moratorium on further development in Clearwater.
7. Consent Agenda — Approved as submitted, less Item 7.11.
7.1 Award a Construction Contract to Poole and Kent Company of Florida, of Tampa,
Florida, for the East Water Reclamation Facility Effluent Filters Rehabilitation Project
(13-0014-UT) in the amount of$1,552,852.00, which is the lowest responsible bid
received in accordance with the plans and specifications; approve a supplemental
work order to Engineer of Record (EOR) King Engineering, Inc. in the amount of
$19,761.00 for Construction Engineering Inspection Services and authorize the
appropriate officials to execute same. (consent)
7.2 Award a contract (Purchase Order) in the amount of$ 178,510.00 to Ten-8 Fire
Equipment, Inc., 2904 59th Avenue Drive East, Bradenton, FL 34203 for one Osage
Warrior Rescue Ambulance in accordance with Sec. 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)
7.3 Award a contract (Purchase Order) for $185,400.22 to Alan Jay Fleet Sales of
Sebring, FL for the purchase of six 2015 Ford F350's for Parks and Recreation
Department's Replacement Vehicles, in accordance with the Florida State Contract
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25100000-15-1, 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 interest; and authorize the appropriate officials to
execute same. (consent)
7.4 Award a construction contract to All American Concrete Inc. of Largo, Florida, in the
amount of$3,673,266.71 for construction of Island Estates Bridge Replacements
(13-0004-EN), which is the lowest responsible bid received in accordance with plans
and specifications, and authorize the appropriate officials to execute same. (consent)
7.5 Approve a work order to Engineer of Record (EOR), McKim and Creed, Inc., in the
amount of$146,200.00 to provide engineering services for a sanitary sewer system
inflow and infiltration (1/1) flow reduction program (15-0004-UT); and authorize the
appropriate officials to execute same. (consent)
7.6 Reappoint Nino Accetta and Edward T. O'Brien, Jr. to the Marine Advisory Board with
terms to expire March 31, 2019. (consent)
7.7 Appoint Joseph A. Nycz to the Municipal Code Enforcement Board to fill the
remainder of an unexpired term through October 31, 2017. (consent)
7.8 Approve annual blanket purchase order (contract) and two one-year renewal terms at
the City's option, to TK6 Worldwide of Tampa, FL per Invitation to Bid 16-15, in the
total annual amount of$60,000 for electronic waste recycling services, as required by
the Solid Waste Department. (consent)
7.9 Award a contract (Purchase Order) for $155,024.50 to Alan Jay Fleet Sales of
Sebring, FL for the purchase of five 2015 Ford F250's for Engineering, Gas and Public
Utilities Department's Replacement Vehicles, in accordance with the Florida Sheriff's
Association Contract 14-22-0904 and 14-12-0904 (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)
7.10Approve the settlement agreement and general release between Michael Jackson and
the City of Clearwater, authorize the payment of$120,000 and three years of pension
service credit, and authorize the appropriate officials to execute same. (consent)
7.11Approve selection of Biltmore Construction of Belleair, FL as the Construction
Manager at Risk (CMAR) for the proposed Fire Station 50 project (14-0040-FI).
(consent)
See Below.
7.12Approve a two-year blanket purchase order (contract) with option for one two-year
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period renewal with NOVA Engineering and Environmental, LLC for building
inspections, reporting, and construction management services not to exceed $100,000
per term and authorize the appropriate officials to execute same. (consent)
7.13Approve a Mutual Use Agreement with Tampa Bay Water, given in consideration of
receipt of$10.00 and authorize the appropriate officials to execute same. (consent)
7.14Approve annual blanket purchase orders (contracts) and two one-year renewal terms
at the City's option, per Invitation to Bid Number 06-14, in the total annual amount of
$150,000 for Inspection and Plan Review Services, as required by the Planning and
Development Department and authorize the appropriate officials to execute same.
(consent)
7.15Award a contract (Purchase Order) for $137,249.00 to Duval Ford Fleet Sales of
Jacksonville, FL for the purchase of five 2015 Ford Transits for Engineering, Fire,
Public Utilities and Solid Waste Department's Replacement Vehicles, in accordance
with the Florida Sheriff's Association Contracts 14-22-0904 and 14-12-0904 (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)
Councilmember Polglaze moved to approve the Consent Agenda as
submitted, less Item 7.11, and authorize the appropriate officials to
execute same. The motion was duly seconded and carried
unanimously.
7.11Approve selection of Biltmore Construction of Belleair, FL as the Construction
Manager at Risk (CMAR) for the proposed Fire Station 50 project (14-0040-FI).
(consent)
The City issued Request for Qualifications 12-15 in January 2015 for
CMAR firms for the Fire Station 50 project in Countryside. Four firms
responded.
The review committee included representatives of the Fire Department,
Solid Waste/General Services, Engineering and Plisko Architecture, the
project architect.
The selection committee ranked the firm's qualifications as follows:
Biltmore Construction, Creative Contractors, Ajax Building, and LEMA
Construction and Developers. The review committee recommends Biltmore
Construction for their comprehensive experience building several fire
stations throughout Florida.
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Biltmore will provide preconstruction services under a Purchase Order
including design review and construction cost estimating. Once design
approaches final construction documents, staff will present a guaranteed
maximum price contract to Council for approval.
In response to questions, Engineering Director Mike Quillen said the
City received four responses to the Request for Qualifications. The item
before council is not a design-build project. Mr. Quillen said Alex Plisko
was selected as the architect. The construction manager at risk
process allows the contractor to work with the architect from day one
and provide valuable input on pricing.
Councilmember Hamilton moved to approve selection of Biltmore
Construction of Belleair, FL as the Construction Manager at Risk
(CMAR) for the proposed Fire Station 50 project (14-0040-FI). The
motion was duly seconded and carried unanimously.
Public Hearings - Not before 6:00 PM
8. Administrative Public Hearings
8.1 Approve the historic designation of the Old Pinellas County Courthouse located at 324
South Fort Harrison Avenue; and pass Ordinance 8680-15 on first reading.
(HIS2014-12003)
This historic designation application involves the Old Pinellas County
Courthouse located on the southwest corner of Court Street and South
Fort Harrison Avenue. This includes the original 1917 building as well
as the 1924 and 1926 additions. It is an excellent example of
Neoclassical Revival Style architecture designed by Francis J. Kennard,
a well known pioneer architect from Tampa, who also designed the
Belleview Biltmore Hotel in Belleair.
The Old Pinellas County Courthouse is one of downtown Clearwater's
major landmarks and one of the few properties listed on the National
Register of Historic Places within the City. The historic designation of
this property will protect Pinellas County's center for government, as well
as one of its most important civic buildings. Designating the Old Pinellas
County Courthouse locally will ensure that any future improvements will
maintain the historic integrity of the building because the owner is
required to request a certificate of appropriateness in order to materially
alter the building, erect a new building on the property or demolish or
relocate the building.
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The Planning and Development Department determined that the
proposed historic designation of the Old Pinellas County Courthouse is
consistent with three of the four criteria for evaluating historic properties
specified in the Community Development Code (Section 4-407.F.2.a-c):
• The property is associated with events that made a
significant contribution to the board pattern of the City.
• The property is associated with the lives of persons
significant in history.
• The property possesses distinctive characteristics of a
type, period or method of construction.
Pursuant to Community Development Code Section 4-607.F.3., historic
properties shall be classified as exceptional, excellent, notable or of
value as part of the scene, depending on the number of designation
criteria met. Properties that satisfy three of the four criteria are
classified as excellent. As previously stated, the, the Old Pinellas County
Courthouse meets three of these criteria and therefore should be
classified as excellent.
The Community Development Board reviewed this application at its
public hearing on February 17, 2015 and unanimously recommended
approval.
Councilmember Jonson moved to approve the historic designation
of the Old Pinellas County Courthouse located at 324 South Fort
Harrison Avenue. The motion was duly seconded and carried
unanimously.
Ordinance 8680-15 was presented and read by title only. Vice
Mayor Hock-DiPolito moved to pass Ordinance 8680-15 on first
reading. The motion was duly seconded and upon roll call, the vote
was:
Ayes: 5 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember
Jonson, Councilmember Hamilton and Councilmember Polglaze
8.2 Approve the annexation, initial Future Land Use Map designation of Residential Low
(RL) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR)
District for 1490 Grove Circle Court; and pass Ordinances 8683-15, 8684-15 and
8685-15 on first reading. (ANX2015-01001)
This voluntary annexation petition involves a 0.233-acre property consisting of
one parcel of land occupied by a single-family dwelling. It is located on the
north side of Grove Circle Court, approximately 165 feet from Highland
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Avenue. The applicant is requesting annexation in order to receive solid waste
service from the City and will connect to City sewer when it is available in the
future, as part of the City's Grove Circle Sanitary Sewer System Extension
Project. The property is contiguous to existing City limits to the north and east.
It is proposed that the property be assigned a Future Land Use Map
designation of Residential Low (RL) and a zoning category of Low Medium
Density Residential (LMDR).
The Planning and Development Department determined that the proposed
annexation is consistent with the provisions of Clearwater Community
Development Code Section 4-604.E as follows:
• The property currently receives water service from the City. Collection
of solid waste will be provided to the property by the City. The applicant
will connect to the City's sanitary sewer service when it is available, and
is aware of the sewer impact fee that must be paid in order to connect
and the financial incentives available. The property is 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 this property by Station 51 located at 1720
Overbrook Avenue. The City has adequate capacity to serve this
property with sanitary sewer, solid waste, police, fire and EMS service.
The proposed annexation will not have an adverse effect on public
facilities and their levels of service; and
• The proposed annexation is consistent with and promotes the following
objectives and policy 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 Low (RL) 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 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
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boundaries to the north and east; therefore, the annexation is
consistent with Florida Statutes Chapter 171.044.
Councilmember Polglaze moved to approve the annexation, initial
Future Land Use Map designation of Residential Low (RL) and
initial Zoning Atlas designation of Low Medium Density Residential
(LMDR) District for 1490 Grove Circle Court. The motion was duly
seconded and carried unanimously.
Ordinance 8683-15 was presented and read by title only.
Councilmember Hamilton moved to pass Ordinance 8683-15 on
first reading. The motion was duly seconded and upon roll call, the
vote was:
Ayes: 5 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember
Jonson, Councilmember Hamilton and Councilmember Polglaze
Ordinance 8684-15 was presented and read by title only.
Councilmember Jonson moved to pass Ordinance 8684-15 on first
reading. The motion was duly seconded and upon roll call, the vote
was:
Ayes: 5 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember
Jonson, Councilmember Hamilton and Councilmember Polglaze
Ordinance 8685-15 was presented and read by title only. Vice
Mayor Hock-DiPolito moved to pass Ordinance 8685-15 on first
reading. The motion was duly seconded and upon roll call, the vote
was:
Ayes: 5 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember
Jonson, Councilmember Hamilton and Councilmember Polglaze
8.3 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 1224 Palm Street and 2077 The Mall; and pass Ordinances 8686-15,
8687-15 and 8688-15 on first reading. (ANX2015-01002)
These voluntary annexation petitions involve two parcels of land totaling 0.237
acres. One parcel is occupied by a single-family dwelling and one is occupied
by an attached dwelling (duplex). The two 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
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receive solid waste service, and will connect to City sewer as part of the City's
Idlewild/The Mall Septic-to-Sewer Project. The properties are contiguous to
existing City limits 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 category of Low Medium Density Residential
(LMDR).
The Planning and Development Department determined that the proposed
annexations are 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 have paid the required impact fee in full. 2077 The Mall is
already connected to City sewer system and 1224 Palm Street will be
connected by the contractor soon. 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 promote the
following objectives and policy 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 the
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 property located at 1224 Palm
Street is consistent with the uses allowed in the Low Medium Density
Residential (LMDR) District and the property exceeds the District's
minimum dimensional requirements. The property located at 2077 The
Mall is an existing duplex, and although the use is allowed within the
Low Medium Density Residential (LMDR) District, the property exceeds
the number of units allowed on the parcel based on the underlying
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Residential Urban (RU) Future Land Use designation. The
requirements of Article 6, Nonconformity Provisions of the Community
Development Code will apply to this property once annexed into the
City. 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
limits along at least one property boundary; therefore, the annexation is
consistent with Florida Statutes Chapter 171.044.
Councilmember Polglaze 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 1224 Palm Street and 2077 The Mall. The motion
was duly seconded and carried unanimously.
Ordinance 8686-15 was presented and read by title only.
Councilmember Hamilton moved to pass Ordinance 8686-15 on
first reading. The motion was duly seconded and upon roll call, the
vote was:
Ayes: 5 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember
Jonson, Councilmember Hamilton and Councilmember Polglaze
Ordinance 8687-15 was presented and read by title only.
Councilmember Jonson moved to pass Ordinance 8687-15 on first
reading. The motion was duly seconded and upon roll call, the vote
was:
Ayes: 5 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember
Jonson, Councilmember Hamilton and Councilmember Polglaze
Ordinance 8688-15 was presented and read by title only. Vice
Mayor Hock-DiPolito moved to pass Ordinance 8688-15 on first
reading. The motion was duly seconded and upon roll call, the vote
was:
Ayes: 5 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember
Jonson, Councilmember Hamilton and Councilmember Polglaze
8.4 Approve the annexation of property located at 2930 County Road 193; together with
all right-of-way of County Road 193; and pass Ordinance 8677-15 on first reading.
(ANX2014-11024)
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This voluntary annexation petition involves a 4.47-acre parcel of land located
on the northeast corner of County Road 193 approximately 590 feet south of
Sunset Point Road. The parcel is owned by St. Mary and St. Mina Coptic
Orthodox Church, which currently operates out of four buildings on the site.
The church was originally built in 1932, with subsequent additions in 1965,
2000, and 2008. The property is contiguous to existing City boundaries along
the north, east, and south. The applicant is requesting annexation in order to
receive solid waste service from the City, and will connect to City sewer when it
is made available in the future as part of the City's CR 193 Sanitary Sewer
System Extension Project. The Development Review Committee is proposing
that the 1.26-acres of County Road 193 right-of-way not currently in the City
limits also be annexed.
The existing Pinellas County future land use designation is Residential Low
(RL) and the zoning designation is A-E Agricultural Estate Residential. The
City's Community Development Code only allows places of worship within the
Institutional (1) District, which is consistent with the Institutional (1) future land
use category. Therefore, the applicant has submitted applications to change
the property's Future Land Use Map designation of Residential Low (RL) to
Institutional (1) (LUP2014-11004) and to rezone the property to the Institutional
(1) District (City of Clearwater) (REZ2014-11005) upon annexation into the City
in order for the church to be a conforming use. These additional applications
are being processed concurrently with this case.
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 Pinellas County.
Collection of solid waste will be provided to the property by the City.
The applicant will connect to the City's sanitary sewer service when it is
available, and is aware of the sewer impact fee that must be paid in
order to connect and of the financial incentives available. The property
is located within Police District III and service will be administered
through the district headquarters located at 2851 McMullen Booth
Road. Fire and emergency medical services will be provided to the
property by Station 48 located at 1700 North Belcher Road. The City
has adequate capacity to serve the property with sanitary sewer, solid
waste, police, fire and EMS service. Water service will continue to be
provided by Pinellas County. The proposed annexation will not have an
adverse effect on public facilities and their levels of service; and
• The proposed annexation is consistent with and promotes the following
objectives 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.
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Objective A.7.2 Diversify and expand the City's tax base through
the annexation of a variety of land uses located within the
Clearwater Planning Area.
• The property is contiguous to existing City boundaries along the north,
east, and south; therefore, the annexation is consistent with Florida
Statutes Chapter 171.044.
Councilmember Polglaze moved to approve the annexation of
property located at 2930 County Road 193; together with all
right-of-way of County Road 193. The motion was duly seconded
and carried unanimously.
Ordinance 8677-15 was presented and read by title only.
Councilmember Hamilton moved to pass Ordinance 8677-15 on
first reading. The motion was duly seconded and upon roll call, the
vote was:
Ayes: 5 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember
Jonson, Councilmember Hamilton and Councilmember Polglaze
8.5 Approve a Future Land Use Map Amendment from the Residential Low (RL) category
to the Institutional (1) category for property located at 2930 County Road 193; and
pass Ordinance 8678-15 on first reading. (LUP2014-11004)
This Future Land Use Map amendment involves a 4.47-acre property
consisting of one parcel of land located on the northeast corner of County
Road 193 approximately 590 feet south of Sunset Point Road. The parcel is
owned by St. Mary and St. Mina Coptic Orthodox Church, which currently
operates out of four buildings on the site. The applicant is requesting to
amend the property's Future Land Use Map category of Residential Low (RL)
to the Institutional (1) category in order to continue to operate as a conforming
use within the City after annexation. The applicant has submitted two
additional applications being processed concurrently with this case:
1. A Petition for Annexation for the 4.47-acre property (ANX2014-11024);
and
2. A Zoning Atlas amendment to rezone the property from the A-E
Agricultural Estate Residential District (Pinellas County) to the
Institutional (1) Zoning District (REZ2014-11005).
The proposed Institutional (1) category would permit up to 12.5 dwelling units,
or a FAR of 0.65. However, the City's Community Development Code limits
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development within the Institutional (1) District to nonresidential or residential
equivalent uses. The Institutional (1) future land use designation requested is
consistent with the surrounding future land use designations that exist in the
vicinity of the subject property, which include residential and institutional uses.
The proposed Institutional (1) designation will also allow the church to exist as a
conforming use in the City of Clearwater.
The Planning and Development Department determined that the proposed
Future Land Use Map amendment is consistent with the provisions of
Clearwater Community Development Code as specified below:
• The proposed amendment is consistent with the Comprehensive Plan,
the Countywide Plan Rules, and the Community Development Code.
• The proposed amendment is compatible with the surrounding property
and character of the neighborhood.
• Sufficient public facilities are available to serve the property.
• The proposed amendment will not have an adverse impact on the
natural environment.
• The proposed amendment will not have an adverse impact on the use
of property in the immediate area.
In accordance with the Countywide Plan Rules, this land use plan amendment
is subject to the approval of the Pinellas Planning Council and the Board of
County Commissioners acting as the Countywide Planning Authority. The
application is a small-scale amendment so review and approval by the Florida
Department of Economic Opportunity (Division of Community Planning) is not
required.
The Community Development Board reviewed this application at its February
17, 2015 public hearing and unanimously recommended approval.
In response to questions, the City Attorney said Institutional is the only
designation available with its existing use. Per city code, there are some
possible uses that would not be able to be located there because the site is
adjacent to residential. Planning and Development Director Michael Delk said
a group home for ten or less could be a Level 1 approval. The use of adjoining
residential does not preclude location of a group home, which is also
permissible in the county. The City Attorney said this is the only category that
would not make the Church non-conforming; city code does not allow
properties to be annexed if non-conforming. Mr. Delk said staff would not
assume that demolishing the church for a group home of ten or less would be
practical redevelopment. The City allows group homes in residential districts
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pursuant to a statutory exemption by the State of Florida.
Two individuals spoke in opposition with one individual requesting that
Council delay action to determine if another option is available.
One individual suggested that language be included to limit the use to church
service use only.
In response to questions, Mr. Delk said the overlay district would not exempt
the subdivision from the statutory exemption that allows group homes. The
Community Development Code does not contain a provision that would only
allow a church. The City cannot control liturgical noise. Assistant City Attorney
Rob Surette said enforcement of the City's noise ordinance would depend on
the activity heard by the officer at the time of the complaint. There is no
specific exemption allowing a church to engage in loud and raucous noise.
The ordinance is based on reasonableness in the totality of the circumstances
and nature of the activity.
Discussion ensued with a concern expressed regarding what could happen on
the site if the church is demolished.
The City Attorney said if Council does not approve the agenda item, Council
would have to the reverse the decision made for Item 8.4.
In response to a question, Police Chief Daniel Slaughter said the church on
the 1300 block of Lakeview Avenue has an active recreation program that
disturbed adjacent residents. The Department worked with the residents and
the Church to find a happy medium that included a time constraint. The City
Manager said when Paul B. Stevens was built, the neighborhood to the south
was upset with the construction and requested city assistance. Staff met with
the school board and helped resolve some of the issues, until recently, no
complaints have been raised. The church is located in the county. One of the
benefits of being annexed into the City is having an advocate to address
parking and noise issues. The City is typically more responsive to
neighborhood concerns.
Councilmember Jonson moved to approve a Future Land Use Map
Amendment from the Residential Low (RL) category to the
Institutional (1) category for property located at 2930 County Road
193. The motion was duly seconded and carried unanimously.
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Ordinance 8678-15 was presented and read by title only. Vice
Mayor Hock-DiPolito moved to pass Ordinance 8678-15 on first
reading. The motion was duly seconded and upon roll call, the vote
was:
Ayes: 4 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember Jonson
and Councilmember Hamilton
Nays: 1 - Councilmember Polglaze
Motion Carried.
9. Quasi-Judicial Public Hearings
9.1 Approve a Zoning Atlas Amendment from the A-E Agricultural Estate Residential
District (Pinellas County) to the Institutional (1) District (City) for property located at
2930 County Road 193; and pass Ordinance 8679-15 on first reading.
(REZ2014-11005)
This Zoning Atlas amendment involves a 4.47-acre parcel of land located on
the northeast corner of County Road 193 approximately 590 feet south of
Sunset Point Road. The parcel is owned by St. Mary and St. Mina Coptic
Orthodox Church, which currently operates out of four buildings on the site.
The applicant is requesting to rezone the property from A-E Agricultural Estate
Residential District (Pinellas County) to the Institutional (1) District (City) in
order to continue to operate as a conforming use within the City after
annexation. The applicant has submitted two additional applications being
processed concurrently with this case:
1. A Petition for Annexation for the 4.47-acre property not currently within
the City (ANX201 4-1 1 024); and
2. A Future Land Use Map amendment from the Residential Low (RL)
category (Pinellas County) to the Institutional (1) category (LUP2014-
11004).
The proposed Institutional (1) District will allow the site to continue to be used
as a place of worship in conformance with the City's Community Development
Code. The Institutional (1) zoning district is consistent with the surrounding
zoning districts that exist in the vicinity of the subject property. As such, the
proposed amendment will allow development that is in character with the
surrounding properties and neighborhood.
The Planning and Development Department determined that the proposed
Zoning Atlas amendment is consistent with the Clearwater Community
Development Code as specified below:
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City of Clearwater
City Council Meeting Minutes March 19, 2015
• The proposed amendment is consistent with the Comprehensive Plan
and the Community Development Code.
• The proposed amendment is compatible with the surrounding property
and character of the neighborhood.
• The available uses in the Institutional (1) District are compatible with the
surrounding area.
• The proposed amendment will not adversely burden public facilities,
including the traffic-carrying capacities of streets, in an unreasonably or
disproportionate manner; and
• The proposed Institutional (1) District boundary is appropriately drawn in
regard to location and classification of streets, ownership lines, existing
improvements, and the natural environment.
The Community Development Board reviewed this application at its February
17, 2015 public hearing and unanimously recommended approval.
The City Attorney said this agenda item is a quasi-judicial issue. The record
from the Community Development Board will be submitted to Council (see
page 26). Council will not hear new testimony but can hear comments. Council
must also state if they have had any ex parte contact.
Mayor Cretekos, Vice Mayor Hock-DiPolito and Councilmembers Jonson,
Hamilton, and Polglaze said they were contacted by members of the group.
Two individuals spoke in opposition. One individual questioned how long the
church has been on the property and requested Council to delay action.
In response to questions, Planning and Development Director Michael Delk
said if the property was annexed and an additional structure was added to the
site, the property must meet code provisions, which would include parking
requirements. The City is expanding the sewer service in the area and the
reason why the property is being annexed into the city. Engineering Manager
Rob Fahey said seven parcels were included in the service area; three or four
have agreed to connect. Mr. Delk said Pinellas County has approved two
expansions for the site already. Engineering Director Mike Quillen said since
the City is annexing CR 193 in its entirety, the City can install no parking signs
at the neighborhood's request. The signs would be installed along the CR 193
right-of-way.
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City of Clearwater
City Council Meeting Minutes March 19, 2015
Vice Mayor Hock-DiPolito moved to approve a Zoning Atlas
Amendment from the A-E Agricultural Estate Residential District
(Pinellas County) to the Institutional (1) District (City) for property
located at 2930 County Road 193. The motion was duly seconded. Upon
the vote being taken:
Ayes: 4 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember Jonson
and Councilmember Hamilton
Nays: 1 - Councilmember Polglaze
Motion Carried.
Ordinance 8679-15 was presented and read by title only.
Councilmember Polglaze moved to pass Ordinance 8679-15 on first
reading. The motion was duly seconded and upon roll call, the vote
was:
Ayes: 4 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember Jonson
and Councilmember Hamilton
Nays: 1 - Councilmember Polglaze
Motion Carried.
10. Second Readings - Public Hearing
10.1Adopt Ordinance 8689-15 on second reading, vacating public right-of-way described
as the 20-foot platted right-of-way, abutting and lying west of Lots 5, 6, 9, 10 and 13 of
Block 6, "R.J. Booth Subdivision" as recorded in Plat Book 9, Page 22 of the Public
Records of Pinellas County, Florida.
Ordinance 8689-15 was presented and read by title only.
Councilmember Jonson moved to adopt Ordinance 8689-15 on
second and final reading. The motion was duly seconded and upon
roll call, the vote was:
Ayes: 5 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember
Jonson, Councilmember Hamilton and Councilmember Polglaze
10.2Adopt Ordinance 8690-15 on second reading, vacating that certain 15-foot drainage
easement described as the South 15 feet of Lot 4, Block "C", Unit 7 of Skycrest
Subdivision as recorded in Plat Book 30, Page 18 of the Public Records of Pinellas
County, Florida.
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City of Clearwater
City Council Meeting Minutes March 19, 2015
Ordinance 8690-15 was presented and read by title only. Vice
Mayor Hock-DiPolito moved to adopt Ordinance 8690-15 on second
and final reading. The motion was duly seconded and upon roll
call, the vote was:
Ayes: 5 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember
Jonson, Councilmember Hamilton and Councilmember Polglaze
10.3Adopt Ordinance 8691-15 on second reading, vacating public right-of-way described
as that certain portion of Park Street right-of-way lying in the Northeast '/4 of Section
15, Township 29 South, Range 15 East, Pinellas County, Florida.
Ordinance 8691-15 was presented and read by title only.
Councilmember Polglaze moved to adopt Ordinance 8691-15 on
second and final reading. The motion was duly seconded and upon
roll call, the vote was:
Ayes: 5 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember
Jonson, Councilmember Hamilton and Councilmember Polglaze
10AAdopt Ordinance 8692-15 on second reading, establishing a Nuisance Abatement
Board, providing for the appointment and terms of the members of the board,
providing for the powers and procedures of the board, and providing for the issuance
and enforcement of orders.
Ordinance 8692-15 was presented and read by title only.
Councilmember Hamilton moved to adopt Ordinance 8692-15 on
second and final reading. The motion was duly seconded and upon
roll call, the vote was:
Ayes: 5 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember
Jonson, Councilmember Hamilton and Councilmember Polglaze
11. City Manager Reports
11.1 Recognize and designate the Clearwater Historical Society as the official historical
society operating within the City of Clearwater and adopt Resolution 15-06.
The Clearwater Historical Society was created and chartered in 1979 in
accordance with the laws of the State of Florida as a 501(c)3 not-for-profit
organization. It exists for the primary purpose of providing for the preservation
of the history of the greater Clearwater, Florida area and, in so doing, aids in
the preservation and recovery of artifacts, relics, documents and historic
properties.
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City of Clearwater
City Council Meeting Minutes March 19, 2015
The Clearwater Historical Society fulfills the needs of its members, the public,
and many scholars for historical archives, exhibits and programs by serving as
the unifying body for historical organizations, and by providing services to
these organizations, and by providing services to these organizations as well
as to museums and other educational institutions.
The Clearwater Historical Society, while being the historical society that
operates mainly within the corporate limits of the City of Clearwater, has never
been designated as the official historical society recognized by the City of
Clearwater. The City of Clearwater has heretofore not recognized any historical
society as the official historical society to operate within the corporate limits of
the City of Clearwater.
Staff agrees and supports the purposes of the Clearwater Historical Society as
set forth above and recommends that Council designate them as the official
historical society within the City of Clearwater.
In response to questions, Clearwater Historical Society representative Bill
Wallace said that a lease was recently negotiated with the Pinellas County
School System for use of South Ward Elementary school property to make a
multiuse center for archive and resource purposes and cultural activities.
Councilmember Jonson moved to recognize and designate the
Clearwater Historical Society as the official historical society
operating within the City of Clearwater. The motion was duly
seconded and carried unanimously.
Resolution 15-06 was presented and read by title only. Vice Mayor
Hock-DiPolito moved to adopt Resolution 15-06. The motion was
duly seconded and upon roll call, the vote was:
Ayes: 5 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember
Jonson, Councilmember Hamilton and Councilmember Polglaze
11.2Amend the City's fiscal year 2014/15 Operating and Capital Improvement Budgets at
first quarter and pass Ordinances 8702-15 and 8703-15 on first reading.
The fiscal year 2014/15 Operating and Capital Improvement Budgets were
adopted in September 2014 by Ordinances 8585-14 and 8586-14. Section
2.521 of the City's Code of Ordinances requires the City Manager to prepare a
quarterly report detailing income, expenditure estimates, collections, the
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City of Clearwater
City Council Meeting Minutes March 19, 2015
explanation of significant variances, as well as the financial status of all capital
improvement projects. The memorandum and accompanying report provide
this information and outline the issues at first quarter that require amendment.
Councilmember Polglaze moved to amend the City's fiscal year
2014/15 Operating and Capital Improvement Budgets at first
quarter. The motion was duly seconded and carried unanimously.
Ordinance 8702-15 was presented and read by title only.
Councilmember Hamilton moved to pass Ordinance 8702-15 on
first reading. The motion was duly seconded and upon roll call, the
vote was:
Ayes: 5 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember
Jonson, Councilmember Hamilton and Councilmember Polglaze
Ordinance 8703-15 was presented and read by title only.
Councilmember Jonson moved to pass Ordinance 8703-15 on first
reading. The motion was duly seconded and upon roll call, the vote
was:
Ayes: 5 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember
Jonson, Councilmember Hamilton and Councilmember Polglaze
11.3Sunset the Affordable Housing Advisory Committee (AHAC) and adopt Resolution
15-03.
On August 20, 2014, the City Council adopted Resolution 14-26 which
appointed the Neighborhood and Affordable Housing Advisory Board (NAHAB)
as the Affordable Housing Advisory Committee (AHAC) and added four
additional members in order to comply with Florida Statute 420.9076. The
AHAC reviewed the City's policies, procedures, and land development
regulations and made recommendations to the City Council in a public meeting
held on December 18, 2014 regarding strategies to encourage affordable
housing as part of the Local Housing Incentive Strategy (LHIS) report.
The AHAC has completed its work for Fiscal Year 2014-2015 and therefore,
the Council can sunset the committee.
Per Florida Statutes, the City Council needs to appoint an AHAC every three
years to review the Local Housing Incentives Strategies.
Resolution 15-03 acknowledges the work of the AHAC has been completed
and terminates their appointments.
Vice Mayor Hock-DiPolito moved to sunset the Affordable Housing
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City of Clearwater
City Council Meeting Minutes March 19, 2015
Advisory Committee (AHAC). The motion was duly seconded and
carried unanimously.
Resolution 15-03 was presented and read by title only.
Councilmember Polglaze moved to adopt Resolution 15-03. The
motion was duly seconded and upon roll call, the vote was:
Ayes: 5 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember
Jonson, Councilmember Hamilton and Councilmember Polglaze
11 AEstablish the intent to reimburse certain Water and Sewer project costs incurred with
proceeds from a future tax-exempt financing and adopt Resolution 15-04.
A Water and Sewer System rate study that was completed in August of 2014
determined that the council approved annual rate increases of 4.5% through
Fiscal Year (Fiscal Year) 16 are sufficient to provide for operations, capital
projects, and debt service on bonds during this period. Also, per the study
"...extension of the 4.5% annual increase in FY 2017 through FY 2024 is
currently projected to provide adequate revenue to meet the projected
requirements of the Utility during the remainder of the projection period."
The 2014 rate study anticipated the need for a new money bond issue of
approximately $30 million in 2016 to finance various Water and Sewer System
capital projects planned at the time of the rate study. An updated rate study will
be conducted prior to issuing any bonds to determine the exact amount
needed.
Approximately $20 million of the planned FY 2015 and FY 2016 projects per
the schedule (Exhibit A) could be financed with the tax-exempt bonds issued in
FY 2016.
Adoption of Resolution 15-04 establishes the City's intent to be reimbursed
from the proceeds of a bond issue in 2016 for up to $20 million of capital
project expenditures made prior to the issuance of the bonds.
Councilmember Hamilton moved to establish the intent to
reimburse certain Water and Sewer project costs incurred with
proceeds from a future tax-exempt financing. The motion was duly
seconded and carried unanimously.
Resolution 15-04 was presented and read by title only.
Councilmember Jonson moved to adopt Resolution 15-04. The
motion was duly seconded and upon roll call, the vote was:
Ayes: 5 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember
Jonson, Councilmember Hamilton and Councilmember Polglaze
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City of Clearwater
City Council Meeting Minutes March 19, 2015
11.5Establish Capital Improvement Program (CIP) project Centennial Monument to be
funded from general reserves in the amount of$650,000; approve a guaranteed
maximum price (GMP) proposal from Biltmore Construction, Construction Manager at
Risk, in the amount of$576,522 for the construction of the Centennial Monument
(13-0056-CM), and authorize the appropriate officials to execute same.
On June 6, 2013, Council approved the use of Construction Manager at Risk
Services (CMR) for Continuing Contracts with Biltmore Construction Co., Inc.
of Belleair, FL; Peter Brown Construction Solutions of Clearwater, FL; Certus
Builders, Inc. of Tampa, FL; Creative Contractors, Inc. of Clearwater, FL;
Honeywell Building Solutions of Orlando, FL; Keystone Excavators, Inc. of
Oldsmar, FL; and J. Kokolakis Contracting, Inc. of Tarpon Springs, FL for a
period of three years. These firms were selected in accordance with Florida
Statutes 255.103 and 287.055 under Request for Qualifications 15-13 based
upon construction experience, financial capability, availability of qualified staff,
local knowledge and involvement in the community.
City Council requested Engineering contract the construction of a monument to
commemorate the City's Centennial. The proposed Centennial Monument will
be constructed on the west end of the Courtney Campbell Causeway in FDOT
(Florida Department of Transportation) right-of-way (ROW) leased by the City
near the existing City of Clearwater sign (near the old welcome center).
The obelisk design mimics historical elements from downtown Clearwater
when incorporated in 1915. The monument will be 46 feet above grade, have a
20x20-foot concrete base and one center 16-foot deep support column. The
monument will have "Welcome to Clearwater" and a changeable Centennial
logo near the base, both internally illuminated, and a 4-foot diameter internally
illuminated sun globe at the top with recessed up lights. Adjustable colored
LED external lights will highlight silver-metallic panels, as well as soft recessed
LED lights. Site work around the monument tower will include grading, new
sidewalk, landscaping and lighting.
The City has FDOT approval of the proposed project. Construction will
commence the first week of April and run though the grand opening of May 27,
2015.
APPROPRIATION CODE AND AMOUNT:
0315-92842-561300-519-000-0000 $576,522
USE OF RESERVE FUNDS:
Funding for this contract will be provided by a midyear budget amendment
allocating General Fund reserves in the amount of$650,000 to establish
capital improvement program project 315-92842, Centennial Monument.
A net total of$3,611,522 of General Fund reserves has been allocated to date
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City of Clearwater
City Council Meeting Minutes March 19, 2015
to fund expenditures in the 2014/15 operating budget. The remaining balance
in General Fund reserves is approximately $20.2 million, or 17.2% of the
2014/15 General Fund operating budget.
In response to questions, Engineering Construction Manager Tara Kivett said
the impact of the upward facing floodlights to the adjacent habitat has not been
evaluated. There will be no sidewalk between the monument sign and the
roadway in order to meet the offset from edge of pavement to State Road 60.
A crash barrier will not be installed. Consideration is being given to move
35-40 ft. east of the proposed location to avoid a force main offset. Ms. Kivett
said FDOT design standards require the base of the monument to be 24 ft.
from the roadway.
Staff was directed to provide information regarding the upward lighting's
impact to flight pattern and distance of lighting from the wetland area. It was
also requested that staff confirm if the lighting can be angled more inward and
if FDOT will allow a crash barrier.
Concerns were raised regarding the lack of a preliminary design review prior
to tonight, the proposed cost is much higher than the one provided to Council
in 2013, which was $14,000, and that item before Council establishes a
budget out of reserves because it was not budgeted.
Councilmember Polglaze moved to establish Capital Improvement
Program (CIP) project Centennial Monument to be funded from
general reserves in the amount of $650,000; approve a guaranteed
maximum price (GMP) proposal from Biltmore Construction,
Construction Manager at Risk, in the amount of $576,522 for the
construction of the Centennial Monument (13-0056-CM), and
authorize the appropriate officials to execute same. The motion
was duly seconded and upon the vote being taken:
Ayes: 4 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember
Hamilton and Councilmember Polglaze
Nays: 1 - Councilmember Jonson
Motion carried.
12. City Attorney Reports
13. Other Council Action
13.1 Noise Ordinance - Mayor Cretekos
The Council recessed from 8:07 p.m. to 8:14 p.m.
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City of Clearwater
City Council
Meeting Minutes March 19, 2015
In response to questions, Police Chief Daniel Slaughter said the specific
change in the ordinance last year referred to rumbling and reverberating base
type sound, as the previous ordinance lacked enforcement of that
element. This is an annual issue that occurs during spring break. There are
no time constraints in the City's code pertaining to amplified music. He said
the public's tolerance of loud noise begins to wane by 10:00 p.m. It was made
clear that citations are issued to offending businesses after warnings are
given.
It was stated that the City Manager has asked the Clearwater Beach Chamber
of Commerce to provide further details regarding their concerns; staff has not
received a response.
14. Closing comments by Councilmembers (limited to 3 minutes)
Councilmember Jonson reviewed his recent trip to Tallahassee during
the Florida of League of Cities' Legislative Action Day.
15. Closing Comments by Mayor
16. Adjourn
Mayor Cretekos thanked those who voted for Clearwater for City with Best
Beach title and reviewed recent and upcoming events.
The meeting adjourned at 8:31 p.m.
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