05/21/2015 City Council Meeting Minutes May 21, 2015
City of Clearwater
City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
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Meeting Minutes
Thursday, May 21, 2015
6:00 PM
Council Chambers
City Council
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City of Clearwater
City Council Meeting Minutes May 21, 2015
Roll Call
Present: 4 - Mayor George N. Cretekos, Vice Mayor Jay E. Polglaze, Councilmember
Hoyt Hamilton,and Councilmember Bill Jonson
Also Present: William B. Horne 11 - 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.
It was stated that Councilmember Hock-DiPolito was travelling and unable to
attend.
2. Invocation — Student Pastor Justin Facenda from Calvary Baptist Church
3. Pledge of Allegiance — Councilmember Jonson
4. Special recognitions and presentations (Proclamations, service awards, or
other special recognitions. Presentations by governmental agencies or groups
providing formal updates to Council will be limited to ten minutes.)
Given.
4.1 Service Awards
One service award was presented to a city employee.
4.2 Swim Across America Day Proclamation, May 30, 2015 - Rob Shapiro, Swim Across
America event coordinator.
4.3 Clearwater Police Volunteers Presentation — Shelly Kuroghlian and Pat McPhillips, Police
Volunteers.
Ms. Kuroghlian presented a check to the City representing $216,074 in
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City Council Meeting Minutes May 21, 2015
volunteer hours.
4.4 EMS Week Proclamation, May 17-23, 2015 — J. Todd Connors, Assistant Chief of EMS.
4.5 Homeownership Proclamation, June 2015 — Terry Malcolm-Smith, Economic Development
and Housing.
5. Approval of Minutes
5.1 Approve the minutes of the May 7, 2015 City Council Meeting as submitted in written
summation by the City Clerk.
Councilmember Jonson moved to approve the minutes of the May
7, 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
Matt McCombs expressed concerns with the lack of parking at the Clearwater Beach Marina
during the weekends after 10 a.m. and suggested allowing reserved spaces for Marina
tenants.
7. Consent Agenda — Approved as submitted.
7.1 Approve a contract (blanket purchase order) for catering services, including the
purchase of labor, materials, food and equipment to perform catering services, for
various concerts, meetings and special events held throughout the year to Orange
Blossom Catering of St. Petersburg, FL, in the annual amount of$65,000 (Invitation to
Bid 28-15), with two one-year renewal terms at the City's option, and authorize the
appropriate officials to execute same. (consent)
7.2 Approve a Supplemental Work Order to Engineer of Record (EOR) Kisinger Campo
and Associates in the amount of$126,140.00 for Construction Engineering Inspection
(CEI) services of Island Estates Bridge Replacements Project (13-0004-EN) and
authorize the appropriate officials to execute same. (consent)
7.3 Approve the contract (blanket purchase order) in the annual amount of$475,000.00 to
General Utilities Pipe Supply for the purchase of Steel Pipe and Fittings for the period
June 1, 2015 through May 31, 2016; award a contract (blanket purchase order) in the
annual amount of$685,000.00 to General Utilities Pipe Supply for the purchase of
Polyethylene Pipe and Fittings, for the period June 1, 2015 through May 31, 20167
including two one-year renewal terms for each; and authorize the appropriate officials
to execute same. (consent)
7.4 Approve contracts (blanket purchase orders) for palm trimming with Luke Brothers Inc.
of Holiday, FL, in the annual amount of$160,000 (Bid 24-14 and 25-14) and Tree One
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of Clearwater, FL, in the annual amount of$57,000 (Bid 23-14) and one-year renewal
term at the City's option and authorize the appropriate officials to execute same.
(consent)
7.5 Award a construction contract to Dallas 1 Construction and Development, Florida, in
the amount of$3,048,809.50 for CR 193, Grove Circle and Belcher Area Sanitary
Extension Project 13-0049-UT, which is the lowest responsible bid received in
accordance with the plans and specifications for this project; approve a Supplemental
Work Order to Engineer-of-Record (EOR) King Engineering Associates, Inc., in the
amount of$397,236.00 for Construction Engineering and Inspection (CEI) Services
and authorize the appropriate officials to execute same. (consent)
7.6 Approve a time extension of 166 days to Wharton Smith for the construction of
Northeast WRF Screw Lift Station Upgrades (12-0017-UT), approve Engineer of
Record (EOR) Supplemental 2 Work Order to Jones Edmunds and Associates, Inc. in
the amount of$15,000 for additional construction engineering and inspection services
(CEI), and authorize the appropriate officials to execute same. (consent)
7.7 Approve two supplemental work orders to Engineer of Record (EOR) McKim and
Creed for the Marshall Street WRF Control Room and Northeast WRF Sand Filter
Area PLC Upgrades Project (14-0032-UT) in the amount of$103,132, and authorize
the appropriate officials to execute same. (consent)
7.8 Award a construction contract to S and S Directional Boring and Cable Contractors,
Inc., of Seffner, Florida, in the amount of$1,122,561.00 for 2014 Resident Initiated
Reclaimed Water Distribution Project 13-0052-UT, which is the lowest responsible bid
received in accordance with the plans and specifications for this project; approve
Supplemental 1 Work Order to Engineer-of-Record (EOR) URS Corporation, in the
amount of$28,990.00, to provide Construction Engineering Services (CEI), and
authorize the appropriate officials to execute same. (consent)
7.9 Award a contract (Purchase Order) for $145,822.00 to Waters International Trucks
located in Meridian, MS for the purchase of a 2016 Peterbilt 337 Chassis with
Maintainer Body H10034TT-2-120 for Public Utilities Replacement Vehicle, in
accordance with 2.564(1)(d), Code of Ordinances-Other Governmental Bid; authorize
lease purchase under the City's Master Lease Purchase Agreement, or internal
financing via an interfund loan from the Capital Improvement Fund, whichever is
deemed to be in the City's best interest; and authorize the appropriate officials to
execute same. (consent)
7.10Approve a contract (blanket purchase order) in the amount of$1,465,210, awarding
bid 39-15 to Precision Contracting Services, Inc., for the installation of new, and
maintenance of existing, conduit and fiber optic cabling for the period of June 1, 2015
through May 30, 2018, and authorize the appropriate officials to execute same.
(consent)
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7.11Approve a contract (standard purchase order) with Extensys Inc., Oldsmar, FL in the
amount of$186,508 for the purchase of Dell-Compellent data storage parts and
software 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)
7.12Approve a contract (blanket purchase order) in the amount of$146,041.50 to award
Request for Proposals (RFP) 22-15 to Vision Internet, Inc., Santa Monica, CA, for
website redesign and hosting services, and authorize the appropriate officials to
execute same. (consent)
7.13Approve increasing the Blanket Purchase Order (BPO123388) to Ruth Eckerd Hall,
Inc. (REH) by $500,000, from $419,400 to $919,400, to reimburse REH for concert
series entertainment in Coachman Park. (consent)
Vice Mayor Polglaze moved to approve the Consent Agenda as
submitted and authorize the appropriate officials to execute same.
The motion was duly seconded and carried unanimously.
Public Hearings - Not before 6:00 PM
8. Administrative Public Hearings
8.1 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 1701 Evans Drive; and pass Ordinances 8708-15, 8709-15 and 8710-15 on
first reading. (ANX2015-03007)
This voluntary annexation petition involves one parcel of land totaling 0.228
acres. The parcel is occupied by a single-family dwelling and is located on the
northeast corner of Owen Drive and SR 590. The applicant is requesting
annexation in order to receive solid waste service and sanitary sewer service
from the City. The property is contiguous to existing city boundaries along the
north, west, 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 Pinellas County.
Collection of solid waste will be provided to the property by the City.
The applicant has paid the sewer impact and assessment fee in full,
and has been connected to the sanitary sewer system. The property is
located within Police District III and service will be administered through
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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. 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) Land Use Map category is
consistent with the current Countywide Plan designation of the property.
The Residential Low (RL) 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 Low Medium Density Residential (LMDR) District
and the property exceeds the District's minimum dimensional
requirements. The proposed annexation is therefore consistent with
the Countywide Plan and the City's Comprehensive Plan and
Community Development Code; and
• The property proposed for annexation is contiguous to existing City
boundaries along the north, west and east; therefore, the annexation is
consistent with Florida Statutes Chapter 171.044.
Councilmember Jonson 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 1701 Evans Drive. The motion was duly
seconded and carried unanimously.
Ordinance 8708-15 was presented and read by title only. Vice
Mayor Polglaze moved to pass Ordinance 8708-15 on first
reading. The motion was duly seconded and upon roll call, the vote
was:
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Ayes: 4 - Mayor Cretekos, Councilmember Jonson, Councilmember
Hamilton and Vice Mayor Polglaze
Ordinance 8709-15 was presented and read by title only.
Councilmember Hamilton moved to pass Ordinance 8709-15 on
first reading. The motion was duly seconded and upon roll call, the
vote was:
Ayes: 4 - Mayor Cretekos, Councilmember Jonson, Councilmember
Hamilton and Vice Mayor Polglaze
Ordinance 8710-15 was presented and read by title only.
Councilmember Jonson moved to pass Ordinance 8710-15 on first
reading. The motion was duly seconded and upon roll call, the vote
was:
Ayes: 4 - Mayor Cretekos, Councilmember Jonson, Councilmember
Hamilton and Vice Mayor Polglaze
8.2 Approve the annexation, initial Future Land Use Map designation of Residential Urban
(RU) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR)
District for 1220 Aloha Lane, 1273 Union Street, 1276 and 1280 Bertland Way, 1908
Macomber Avenue, and 1297 North Betty Lane; and pass Ordinances 8711-15,
8712-15 and 8713-15 on first reading. (ANX2015-03008)
This voluntary annexation petition involves six parcels of land totaling 0.944
acres. All parcels are occupied by single-family dwellings. The six 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 to 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 district 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. Four of the
applicants have paid the required sewer impact fee in full and have
been connected to the City sewer system. The other two have paid the
sewer impact fee in full and are currently awaiting connection to the City
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sewer system. 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 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
limits along at least one property boundary; therefore, the annexation is
consistent with Florida Statutes Chapter 171.044.
Vice Mayor 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 1220 Aloha Lane, 1273 Union Street, 1276 and
1280 Bertland Way, 1908 Macomber Avenue, and 1297 North Betty
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Lane. The motion was duly seconded and carried unanimously.
Ordinance 8711-15 was presented and read by title only.
Councilmember Hamilton moved to pass Ordinance 8711-15 on
first reading. The motion was duly seconded and upon roll call, the
vote was:
Ayes: 4 - Mayor Cretekos, Councilmember Jonson, Councilmember
Hamilton and Vice Mayor Polglaze
Ordinance 8712-15 was presented and read by title only.
Councilmember Jonson moved to pass Ordinance 8712-15 on first
reading. The motion was duly seconded and upon roll call, the vote
was:
Ayes: 4 - Mayor Cretekos, Councilmember Jonson, Councilmember
Hamilton and Vice Mayor Polglaze
Ordinance 8713-15 was presented and read by title only. Vice
Mayor Polglaze moved to pass Ordinance 8713-15 on first reading.
The motion was duly seconded and upon roll call, the vote was:
Ayes: 4 - Mayor Cretekos, Councilmember Jonson, Councilmember
Hamilton and Vice Mayor Polglaze
8.3 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 2125 and 2131 Burnice Drive; and pass Ordinances 8705-15, 8706-15 and
8707-15 on first reading. (ANX2015-03006)
This voluntary annexation petition involves two parcels of land totaling 0.472
acres. Both parcels are occupied by single-family dwellings. The two lots are
located south of Druid Road, west of Belcher Road, east of South Hercules
Avenue and north of Lakeview Road. 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 Belcher Area
Sanitary Sewer Extension Project Area. The property located at 2131 Burnice
Drive is contiguous to existing City limits to the east. The property located at
2125 Burnice Drive is not contiguous to existing city boundaries; however, it is
in an enclave surrounded by city property on all sides (Type A) and is eligible
for annexation pursuant to the Interlocal Service Boundary Agreement with
Pinellas County. It is proposed that the properties 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
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annexations are consistent with the provisions of Clearwater Community
Development Code Section 4-604.E as follows:
• The properties currently receive water service from Pinellas County.
Collection of solid waste will be provided to the properties by the City.
One of the two applicants has paid the required impact fee in full. The
other applicant is aware of the sewer impact fee that must be paid in
order to connect and the financial incentives available. The properties
are 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 these
properties by Station 47 located at 1460 Lakeview Road. The City has
adequate capacity to serve these properties with sanitary sewer, solid
waste, police, fire and EMS service. Water service will continue to be
provided by the County. 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 Low (RL) 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 5 units per acre. The proposed zoning district to be assigned
to the properties is the Low Medium Density Residential (LMDR)
District. The uses of the subject properties are 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 property proposed for annexation located at 2131 Burnice Drive is
contiguous to existing City boundaries to the east and is therefore
consistent with Florida Statutes Chapter 171.022. The property
proposed for annexation located at 2152 Burnice Drive is not
contiguous to City boundaries but is located in a Type A enclave and is
therefore consistent with the Interlocal Service Boundary Agreement
authorized by Florida Statutes Chapter 171.204.
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Councilmember Hamilton 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 2125 and 2131 Burnice Drive. The motion was
duly seconded and carried unanimously.
Ordinance 8705-15 was presented and read by title only.
Councilmember Jonson moved to pass Ordinances 8705-15 on first
reading. The motion was duly seconded and upon roll call, the vote
was:
Ayes: 4 - Mayor Cretekos, Councilmember Jonson, Councilmember
Hamilton and Vice Mayor Polglaze
Ordinance 8706-15 was presented and read by title only. Vice
Mayor Polglaze moved to pass Ordinance 8706-15 on first reading.
The motion was duly seconded and upon roll call, the vote was:
Ayes: 4 - Mayor Cretekos, Councilmember Jonson, Councilmember
Hamilton and Vice Mayor Polglaze
Ordinance 8707-15 was presented and read by title only.
Councilmember Hamilton moved to pass Ordinance 8707-15 on
first reading. The motion was duly seconded and upon roll call, the
vote was:
Ayes: 4 - Mayor Cretekos, Councilmember Jonson, Councilmember
Hamilton and Vice Mayor Polglaze
8.4 Approve amendments to the Clearwater Community Development Code regarding
numerous provisions, including: adding Environmental Park as permitted use; adding
a footnote pertaining to non-residential off-street parking in the LMDR, MDR and T
Districts; modifying the flexibility criteria for brewpubs and microbreweries; increasing
the maximum height for a fence/wall in front of a principal structure; modifying the
off-street loading provisions; adding an exception for the provision of ADA compliant
parking; clarifying the awnings with signage may be externally illuminated; modifying
the responsibility and means of conveyance for public notice on development
applications; clarifying tree removal permit requirements; providing an exception for
nonconforming structures used for affordable housing; modifying the fine
commencement date for repeat violations; providing for and modifying various
definitions; and modifying the Code of Ordinances to clarify the enforcement of civil
infractions, and delete a prohibition on gun sales as a home occupation; and pass
Ordinance 8715-15 on first reading. (TA2015-00001)
The proposed amendment contains numerous revisions to the Community
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Development Code as well as the Code of Ordinances. The most substantial
topic of which is the proposed amendments to the public notice requirements.
The proposed ordinance modifies the responsibility of providing notice on
development applications from the City to the applicant, as well as modifying
some aspects as to how that notice is conveyed. Notice for Level One,
Flexible Standard Development applications shall continue to be done by mail
only. Notice for Level Two, Flexible Development applications would be
provided by mail and by posting a sign on-site (new) with advertisement in the
newspaper no longer required. Notice for Level Three applications would also
continue to be by publication of notice in the newspaper, by mail, and by
posting a sign on-site as such requirements are governed by Florida Statutes.
It is noted that notice for annexation and historic designation applications
would continue to be provided by the City. Additional analysis and justification
of this proposed amendment can be found in the CDB staff report.
In addition to the above, staff is also proposing the following:
• Clarifying that the enforcement of civil infractions shall apply not only to
those ordinances contained within the Code of Ordinances, but also the
Community Development Code;
• Deleting a prohibition on gun sales as a home occupation;
• Adding Environmental Park as a permissible use in the Preservation (P)
District;
• Adding a footnote to the Flexible Development tables in the LMDR and
MDR Districts and the Flexible Standard Development table in the T District
regarding non-residential off-street parking;
• Modifying the flexibility criteria for brewpubs and microbreweries in all
districts where they are permissible;
• Increasing the maximum allowable height for a fence or wall located in front
of a principal structure from three feet to four feet;
• Modifying the off-street loading requirements to replace the generic term of
"industrial" with uses that are specific to those set forth in the Code;
• Adding an exception for the provision of ADA compliant parking;
• Clarifies that awnings with signage shall not be prohibited from being
externally illuminated;
• Clarifies a requirement of the tree removal permit for multi-family and
non-residential properties with regard to the preparation of a tree inventory;
• Provides for an exemption for nonconforming structures used for affordable
housing;
• Modifies the fine commencement date for repeat violations from being the
date the notice was issued to being the date the repeat violation was found
to have occurred; and,
• Defining or modifying the existing definition of the following terms: dwelling
unit; environmental park; medical clinic; and protected tree.
The Planning and Development Department has determined that the proposed
text amendment to the Code of Ordinances and the Community Development
Code is consistent with and furthers the goals, objectives and policies of the
Comprehensive Plan and the Community Development Code as outlined in the
staff report. The Community Development Board (CDB) reviewed the
proposed text amendment at its meeting of April 21, 2015, and unanimously
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recommended approval of the amendment subject to the removal of those
sections of the ordinance dealing with the provision of public notice.
In response to questions, Planning Manager Robert Tefft said, in regards to
the proposed language addressing non-conformity, the non-conformity could
be enlarged at different aspects of the structures. For example, a triplex may
be non-conforming with regards to the setbacks on the opposite side of the
building, but the side where the expansion is proposed does not have a
non-conforming issue. The intent of the language is to reduce the number of
non-conforming features of the structure or site. In order to receive the
exemption the applicant must propose to reduce the level of non-conformity of
the property. Mr. Tefft said if the applicant exceeds 25% of the replacement
cost of the structure, city code requires that the property meet full landscaping
compliance and parking requirements, which are addressed by another
section of the city code.
Councilmember Jonson moved to approve amendments to the
Clearwater Community Development Code regarding numerous
provisions, including: adding Environmental Park as permitted use;
adding a footnote pertaining to non-residential off-street parking in
the LMDR, MDR and T Districts; modifying the flexibility criteria for
brewpubs and microbreweries; increasing the maximum height for
a fence/wall in front of a principal structure; modifying the
off-street loading provisions; adding an exception for the provision
of ADA compliant parking; clarifying the awnings with signage may
be externally illuminated; modifying the responsibility and means
of conveyance for public notice on development applications;
clarifying tree removal permit requirements; providing an exception
for nonconforming structures used for affordable housing;
modifying the fine commencement date for repeat violations;
providing for and modifying various definitions; and modifying the
Code of Ordinances to clarify the enforcement of civil infractions,
and delete a prohibition on gun sales as a home occupation. The
motion was duly seconded and carried unanimously.
Ordinance 8715-15 was presented and read by title only. Vice
Mayor Polglaze moved to pass Ordinance 8715-15 on first reading.
The motion was duly seconded.
Vice Mayor Polglaze moved to amend Ordinance 8715-15 as follows:
1) On page 1, amend the title of the ordinance to remove the following
language: AMENDING ARTICLE 4, SECTION 4-202, TO CHANGE THE
NOTICE RESPONSIBILITY, DISTANCE AND CONTENT FOR LEVEL
ONE APPLICATIONS; AMENDING ARTICLE 4, SECTION 4-206, TO
CHANGE THE NOTICE RESPONSIBILITY AND PROCEDURES FOR
LEVEL TWO AND THREE APPLICATIONS;
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2) On page 12 through 14, delete Section 17 and Section 18, and
renumber all subsequent sections accordingly.
The motion was duly seconded and carried unanimously.
Upon the roll call vote being taken on Ordinance 8715-15, as amended,
the vote was:
Ayes: 4 - Mayor Cretekos, Councilmember Jonson, Councilmember
Hamilton and Vice Mayor Polglaze
9. Second Readings - Public Hearing
9.1 Adopt Ordinance 8728-15 on second reading, vacating that certain portion of the five
foot Public Utility Easement located on the Westerly rear lot line of Lot 7, Block 70,
and described in the plat titled "Mandalay Sub" as recorded in Plat Book 14, Page 35,
of the public records of Pinellas County, Florida.
Ordinance 8728-15 was presented and read by title only.
Councilmember Hamilton moved to adopt Ordinance 8728-15 on
second and final reading. The motion was duly seconded and upon
roll call, the vote was:
Ayes: 4 - Mayor Cretekos, Councilmember Jonson, Councilmember
Hamilton and Vice Mayor Polglaze
10. City Manager Reports
10.1Approve the Supplemental Joint Participation Agreement (JPA) Number 1 between
the City of Clearwater and the State of Florida Department of Transportation (FDOT)
amending contract ARB48 to increase the total cost of the project to $625,000.00,
increasing FDOT participation by $100,000.00, authorize the appropriate officials to
execute same, and adopt Resolution 15-14.
On February 19, 2015, City Council awarded a contract for new airplane
T-Hangars at Clearwater Airpark to Cathey Construction and Development of
Mexico Beach, Florida for the sum of$586,752.97, which is the lowest
responsible bid received in accordance with the plans and specifications. Due
to the bid being higher than anticipated, City Council approved the allocation of
additional Penny for Pinellas funds in the amount of$25,000.00 as a 20% City
of Clearwater match.
FDOT Supplemental JPA Number 1 increases FDOT participation by
$100,000.00 to a new total project cost of$625,000.
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APPROPRIATION CODE AND AMOUNT:
Funds are available in capital improvement project 315-94822, Rehabilitation of
Hangar "D"
Councilmember Jonson moved to approve the Supplemental Joint
Participation Agreement (JPA) Number 1 between the City of
Clearwater and the State of Florida Department of Transportation
(FDOT) amending contract ARB48 to increase the total cost of the
project to $625,000.00, increasing FDOT participation by
$100,000.00, authorize the appropriate officials to execute same.
The motion was duly seconded and carried unanimously.
Resolution 15-14 was presented and read by title only. Vice Mayor
Polglaze moved to adopt Resolution 15-14. The motion was duly
seconded and upon roll call, the vote was:
Ayes: 4 - Mayor Cretekos, Councilmember Jonson, Councilmember
Hamilton and Vice Mayor Polglaze
10.2Approve a 90 day contract extension with REDFLEX to allow staff to negotiate a
renewal of contract.
Since July of 2012, the Clearwater Police Department has operated a Traffic
Safety Improvement Program that has utilized red-light-camera technology to
improve traffic safety.
The current contractual relationship with REDFLEX Traffic Systems, Inc., the
technology provider for the City of Clearwater's Traffic Safety Improvement
Program, is scheduled to automatically renew for a two-year term on July 31,
2015. Should Council desire, the City of Clearwater may exercise the right to
not renew the current agreement, but would currently need to direct City Staff
to provide written notice to REDFLEX of such by June 15, 2015.
Use of this technology has not been without controversy and resulted in
complex defenses related to the use of the red light camera method of
enforcement. The City of Clearwater has maintained a program that
represents the highest ethical approach to using red light camera enforcement.
This has been achieved by creating a cost neutral relationship with the vendor,
where the vendor is not incentivized by the number of citations generated, but
rather is paid a flat rate for the use of the technology to operate the Red Light
Camera Program. Additionally, the City of Clearwater has chosen not to use
this program to address "right turn on red" violations, as the crash data does
not support this being a focus of the program and the issue is more
controversial.
On October 15, 2014, the Florida Fourth District Court of Appeal in City of
Hollywood v. Arem, held that the City of Hollywood's red-light-camera program
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City Council Meeting Minutes May 21, 2015
violated Florida law because the City of Hollywood had delegated to American
Traffic Solutions (ATS) too much discretion under the program. For example,
according to the Fourth District Court of Appeal, ATS made the decision
whether a violation occurred. After ATS determined that a violation occurred,
ATS would then forward the Notice of Violation (NOV) to the City of
Hollywood's traffic infraction officer, who would approve the issuance of the
NOV. If it became necessary for a Uniform Traffic Citation (UTC) to be issued
for the registered owner to appear in traffic court, ATS would then send the
UTC to the violator and transmit the UTC to the clerk of the court-- all without
any further involvement by the City of Hollywood's traffic infraction hearing
officer.
On December 18, 2014, the Clearwater City Council approved amendments to
the City of Clearwater's red-light-camera contract with REDFLEX. The
amendments clarified that the decision whether a NOV was issued was solely
that of the Clearwater traffic infraction enforcement officer and that any review
by REDFLEX's personnel of the camera activations was solely to screen the
data in compliance with business rules agreed to by both parties. For
example, REDFLEX would filter out data containing obscured vehicular tags or
vehicles making right turns on red. Moreover, the Clearwater traffic infraction
enforcement officer would issue the NTA and transmit the NTA to the clerk of
the court.
During this above-stated time period, the attorney representing the City of
Hollywood had filed a Motion For Rehearing before the entire panel of justices
of the Florida Supreme Court. Moreover, the attorney representing the City of
Hollywood intended to seek review before the Florida Supreme Court if the
Motion For Rehearing was denied. Finally, in the next legislative session, it was
possible that the Florida legislature would address legislatively the issues
raised in the Arem decision.
However, the Motion For Rehearing was denied, no bills concerning
red-light-camera violations were passed, and the Florida Supreme Court
denied review of the Arem decision on April 13, 2015.
City legal now suggests two alternatives for Council's consideration: (1) do not
review the contract with REDFLEX, or (2) approve a contract whereby the City
of Clearwater's traffic infraction hearing officer reviews all of the
red-light-camera activations that are currently being reviewed by REDFLEX's
personnel in order to eliminate any attack based on the issues raised in the
Arem decision.
If the City Council chooses the second alternative, REDFLEX is agreeable to
extending the existing contract for 90 days so that Chief Slaughter can allocate
the resources necessary to have his staff now review all of the activations and
so that the Clearwater Police Department and REDFLEX can transition the
program to accommodate the second alternative.
Police Chief Daniel Slaughter provided a PowerPoint presentation.
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City Council Meeting Minutes May 21, 2015
In response to questions, Police Chief Slaughter said the duration of the
amber light was adjusted as directed by the Florida Legislature ; staff worked
with the Florida Department of Transportation before implementing the
adjustment. The red light camera program is the most efficient way to enforce
red light violations. Having officers enforce these violations, on a 24-hour
cycle/7 days a week, would result in excessive labor costs. Chief Slaughter
said risk factors must also be considered; for example, having officers go
through an intersection with their sirens when an infraction has been
witnessed without causing an accident. When conducting red light violation
enforcement, the Department has one officer monitor the intersection and
another officer in a vehicle prepared to mitigate the concern. The annual cost
for an officer and a vehicle is approximately $70,000 to $80,000, including
benefits. If a violator receives a notice of violation from a red light camera
program and satisfies the notice of violation, no points will be issued to the
vehicle owner and the insurance company cannot increase their rate. The Gulf
to Bay Boulevard and Belcher intersection has changed dramatically in the
last three years; new retail establishments and traffic configurations. Assistant
City Attorney Rob Surette said contract changes that were approved by
Council in December shifted review of all citations to the Clearwater Police
Department. Previously, Redflex initially reviewed citations, eliminating right
turn on red or plates with obstructed license plates among other contractually
agreed upon rejection criteria. He said the only way to avoid a lawsuit was for
the Police Department to review all citations. He said the City is responsible
for all Uniform Traffic Citation notifications. Chief Slaughter said this is still an
acceptable work load for the Department.
One individual spoke in opposition.
Discussion ensued with concerns expressed that the program does not
provide for reduced violations, that other municipalities have terminated their
program, and that the City may not be able to protect itself from liability.
Councilmember Hamilton moved to approve a 90-day contract
extension with REDFLEX to allow staff to negotiate a renewal of
contract. The motion was duly seconded. Vice Mayor Polglaze and
Councilmembers Hamilton and Jonson voted "Aye"; Mayor
Cretekos voted "Nay."
Motion carried.
11. City Attorney Reports — None.
12. Other Council Action
12.1Special Parking Permits - Mayor Cretekos
Mayor Cretekos said he received a letter earlier in the week regarding the use
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City Council Meeting Minutes May 21, 2015
of unimproved lots for parking during the upcoming summer holiday weekends
(i.e., Memorial Day, Fourth of July, and Labor Day). The City Manager has the
authority to allow the use but he requested that Council consider issuing
special permits to individuals who own unimproved lots on Clearwater Beach
for parking during the holiday weekends. Permits are issued during Spring
Break. Mayor Cretekos said he supported extending the permits for the
upcoming holiday weekends because the Patel lot and the Adam's Mark site
are no longer available for public parking during this holiday season. He said
the Pelican Walk project, which would have provided additional parking for
employees and residents, has not been constructed yet.
In response to questions, the City Attorney said the proposal before Council is
limited to Clearwater Beach; it does not include the Downtown. Planning and
Development Director Michael Delk said city code states all unenclosed
parking lot spaces, vehicular access-ways and driveways shall be approved
with a permanent all-weather paving material, which is graded to drain
stormwater. Daily commercial parking lots within city limits must be paved. Mr.
Delk said there is a provision that allows the City Manager or the Community
Development Coordinator to permit on-grass or other permeable surface
parking for public purpose needs. During the construction of Beach Walk, it
was determined that there was a compelling public service need to provide
public parking, allowing parking on unimproved lots temporarily. As the Hyatt
and other development projects on the beach have been completed, parking
on the unimproved lots have been eliminated. Mr. Delk said the parking on the
unimproved lots is permitted for six weeks in the Spring or for a public-private
partnership or special event.
Discussion ensued with support expressed to allow special parking permits
during the Memorial Day, Fourth of July, and Labor Day weekends this year at
the beach.
Councilmember Jonson moved to extend the unimproved special
permits for Memorial Day, Fourth of July, and Labor Day weekends in
2015. The motion was duly seconded and carried unanimously.
13. Closing comments by Councilmembers (limited to 3 minutes)
Councilmember Jonson reported the opening for the Courtney Campbell
Causeway trail is June 22, not the June 19 as previously reported. He
thanked all for their military service in advance of Memorial Day.
Vice Mayor Polglaze reported the Tampa Bay Estuary Program achieved and
surpassed 1950-1960's sea grass levels and Tampa Bay is now a model for
other communities.
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City of Clearwater
City Council
Meeting Minutes May 21, 2015
Councilmember Hamilton reported the Tampa Bay Regional Planning Council
will be holding an event on May 28 -29, focused on energy needs of the region
as well as ways to address future needs and consumption
14. Closing Comments by Mayor
Mayor Cretekos reviewed recent and upcoming events.
15. Adjourn
Attest
The meeting adjourned at 7:54 p.m.
City of Clearwater
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Mayor
City of Clearwater
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