07/16/2015 City Council Meeting Minutes July 16, 2015
City of Clearwater
City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
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Meeting Minutes
Thursday, July 16, 2015
6:00 PM
Council Chambers
City Council
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City of Clearwater
City Council Meeting Minutes July 16, 2015
Roll Call
Present: 5 - Mayor George N. Cretekos, Councilmember Doreen Hock-DiPolito,
Councilmember Bill Jonson, Councilmember Hoyt Hamilton and
Vice Mayor Jay E. Polglaze
Also Present: William B. Horne I I — 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 — Rev. William Magee from St. Matthias Lutheran Church
3. Pledge of Allegiance — Jimmy Linesberry, Rolling Thunder Chapter 11 President
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.)
4.1 POW/MIA Chair Dedication — Jimmy Linesberry, Rolling Thunder Chapter 11 President
Mr. Linesberry recognized Ed DeMent, National Senior Vice Commander of
American ex-Prisoners and former World War 11 POW, Pam Cain, whose
father, Col. Oscar Mauterer, a pilot lost over Laos, remains missing in action,
and Patricia Luna, whose husband, Col. Carter P. Luna, a pilot lost over Laos,
remains missing in action.
4.2 Steve Sarnoff Retirement Recognition
Mr. Sarnoff said he is retiring on July 24 after 26 years of service and thanked
the City Council and staff for their support over the years.
4.3 Americans with Disabilities Act Awareness Day Proclamation, July 26, 2015 - Jody
Armstrong, the Disability Achievement Center
4.4 Update on Pinellas Planning Council/Metropolitan Planning Organization -Whit
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City Council Meeting Minutes July 16, 2015
Blanton, Executive Director
Mr. Blanton said he is the new Executive Director for the newly unified Pinellas
Planning Council/Metropolitan Planning Organization. He reviewed items the
group will be working on in the near future, such as focusing on countywide
issues regarding land use and transportation, developing a clear vision for US
Hwy. 19, and access to the beaches through all modes of transportation. Mr.
Blanton said staff will be working on a new communications strategy and
branding.
5. Approval of Minutes
5.1 Approve the minutes of the June 18, 2015 City Council Meeting as submitted in
written summation by the City Clerk.
Councilmember Jonson moved to approve the minutes of the June 18,
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
Korina Morrison thanked those who participated and volunteered at the
Summer Fest and reviewed upcoming events at the Clearwater Martin Luther
King, Jr. Neighborhood Center.
7. Consent Agenda — Approved as submitted.
7.1 Approve settlement of the liability claim of Paramedics Plus LLC for $46,989.32 and
authorize the appropriate officials to execute same. (consent)
7.2 Reappoint Candace B. Hays to the Sister Cities Advisory Board as the Clearwater
Sister Cities, Inc. representative with term to expire July 31, 2019. (consent)
7.3 Appoint John Funk to the Community Development Board to fill the remainder of an
unexpired term until February 28, 2018. (consent)
7.4 Appoint Eric Seiler to the Public Art and Design Board to fill the remainder of an
unexpired term through April 30, 2017. (consent)
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7.5 Approve establishing a new Capital Improvement Project entitled Crest Lake Park
Veteran's War Memorial (CIP 315-93647) for the construction of Phase I of a war
memorial in accordance with a Memorandum of Understanding between the City of
Clearwater and the Tampa Bay Veterans Alliance entered into on January 16, 2014
for $400,000; approve the transfer of$250,000 from General Fund reserves for the
$150,000-city match and $100,000 for the construction of the parking lot; and transfer
TBVA match from escrow into this project. (consent)
7.6 Approve the Purchase Contract for the City's purchase of real property located at 501
McMullen Booth Road, Clearwater, FL, with a purchase price of$310,000 and total
expenditures not to exceed $321,500 including closing costs and demolition
expenses; authorize the appropriate officials to execute same, together with all other
instruments required to affect closing; and transfer funds from Recreation Land impact
fees to Park Land Acquisition (CIP315-93133), at third quarter to cover this purchase.
(consent)
7.7 Approve Engineer of Record (EOR) contracts with twenty-nine firms listed for a period
of four years commencing July 24, 2015 and authorize the appropriate officials to
execute same. (consent)
7.8 Accept a General Utility Easement conveyed by Yarab Holdings, LLC over a portion of
property located at 1988 Gulf to Bay Boulevard, Clearwater. (consent)
7.9 Approve an Interlocal Agreement with the Pinellas County Property Appraiser to
investigate and to recover improper property tax (homestead) exemptions and
authorize the appropriate officials to execute same. (consent)
7.10Approve settlement of the liability claim of David Murphy for$32,500.00 and authorize
the appropriate officials to execute same. (consent)
Councilmember Hock-DiPolito moved to approve the Consent
Agenda 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 City of Clearwater's Fiscal Year 2015-2016 Consolidated Annual Action
Plan, to carry forward the goals and objectives set forth in the Fiscal Year 2011-2016
Five-Year Consolidated Plan, as required by HUD, and authorize the City to enter into
agreements with organizations contained in the Fiscal Year 2015-2016 Consolidated
Annual Action Plan.
The U.S. Department of Housing and Urban Development (HUD) requires
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communities that receive entitlement Community Development Block Grant
Program (CDBG) and HOME Investment Partnership Program (HOME)
funding to prepare a comprehensive five (5) year consolidated planning
document that evaluates the needs of the community and sets forth strategies
to address those needs. The Fiscal Year (FY) 2011-2016 Consolidated Annual
Action Plan is mainly a continuation of our prior Consolidated Plan and was
completed in 2011.
In addition, the City is required to create and implement an annual action plan
identifying the sources and uses of federal money for housing, community and
economic development. This annual plan, referred to as a Consolidated Annual
Action Plan, provides HUD with the City's housing, community and economic
development budget and proposed expenditures based on the entitlement
funds and estimated program income that the City will receive in the upcoming
fiscal year to meet the goals established in the Five-Year Plan.
In FY 2015-2016, the City is estimated to receive federal funds in the amount
of$681,257 through the Community Development Block Grant (CDBG) and
$265,110 through the HOME Investment Partnership Program (HOME). The
City is also estimated to receive $394,096 through the State of Florida State
Housing Initiatives Partnership Program. The total FY 2015-2016 entitlement
allocation budget is $1,340,463. Funds provided through the HOME Program
are limited to housing-related activities and administration. Funds provided
through the CDBG Program may be used for housing, community and
economic development, public services and facilities, acquisition, relocation,
demolition and administration. Additional funding for the FY 2015-2016 budget
will come from estimated program income funds and unprogrammed prior year
CDBG, HOME, Neighborhood Stabilization Program, SHIP and Pinellas
County Housing Trust funds (loan repayments, loan payoffs, recaptured funds,
reprogrammed funds, etc) estimated at$544,846. Other funds may include
those leveraged from private sector investments. Total budget for FY
2015-2016 is $1,885,309.
The City partners with several non-profit agencies to implement the goals and
objectives the City has established in the Consolidated Planning Document. To
obtain these partners, the City annually publishes a Notice of Funding
Availability (NOFA) in the local newspaper and on its website. This notice
informs the non-profits of the resources the City will make available and the
eligible uses of these resources. It also informs them of the application period
for requesting funds. This year, the applications were due in April and the City
received a total of 24 applications for funding requests.
A Technical Review Committee (TRC), comprised of professionals in the social
service and grants community and two members of the City's Neighborhood
and Affordable Housing Advisory Board (NAHAB), reviewed the applications,
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scored them and set forth a strategy to maximize the number of applicants that
will receive a portion of allocated funds. Applicants were given an opportunity
to present at the monthly NAHAB meeting regarding their programs. City staff
also reviewed each application to ensure it met HUD's baseline requirements.
The NAHAB met on May 12, 2015 to approve the recommended allocations
contained in the FY 2015-2016 Consolidated Annual Action Plan. In addition,
the NAHAB reviewed the Action Plan on June 16, 2015 and recommended
approval.
Each year, the City may allocate up to 15% of its CDBG allocation for Public
Services organizations. The City may also provide funds for operating
expenses to subrecipients who qualify as a Community-Based Housing
Development Organization. While the City's Housing Division received
requests for Public Services funding in the amount of$320,000, we were only
able to allocate $121,000 to ten (10) organizations. The NAHAB has endorsed
a sliding scale funding system for Public Services applicants that allows the top
two scorers to receive 60% of their request, the second two receive 50% of
their request, and others receive 40% of their request until all of the allowable
funds are allocated. The maximum allocation per agency's request is $18,000.
This method allows a majority of the Public Services applicants to receive
funding. All organizations that will be receiving an allocation will have
agreements prepared and executed by October 1, 2015. Staff monitors these
organizations for compliance on a yearly basis. In addition, $324,972 was
allocated to Public Facilities which will go towards renovations of the following
facilities: Directions for Living, City of Clearwater Jack Russell Stadium,
Intercultural Advocacy Institute, R'Club Child Care, Inc., and the ARC Tampa
Bay.
The City's Housing Pool will target funding efforts for Housing Activities in the
Rehabilitation, Down Payment and Closing Cost Assistance Programs. The
amount available this year is $998,010 for the following organizations: Habitat
for Humanity of Pinellas County, Habitat for Humanity of Pinellas County
CHDO, Tampa Bay CDC, Kimberly Home, Pinellas County Housing Authority
and Bright Community Trust, Inc.
The Consolidated Annual Action Plan is due to HUD on August 14, 2015.
Councilmember Hock-DiPolito moved to approve the City of
Clearwater's Fiscal Year 2015-2016 Consolidated Annual Action
Plan, to carry forward the goals and objectives set forth in the
Fiscal Year 2011-2016 Five-Year Consolidated Plan, as required by
HUD, and authorize the City to enter into agreements with
organizations contained in the Fiscal Year 2015-2016 Consolidated
Annual Action Plan. The motion was duly seconded and carried
unanimously.
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8.2 Approve the request from the owner of property addressed at 2489 Frisco Drive to vacate
the westerly 4 feet of a 10-foot Drainage and Utility Easement; and pass Ordinance 8749-15
on first reading. (VAC2015-06)
The owner of property located within city limits at 2489 Frisco Drive is planning
to enlarge the existing pool enclosure four feet into the westerly 10 ft. of a
platted drainage and utility easement. The remaining six feet of easement
width is contiguous with a ten-foot wide drainage and utility easement on
adjacent property effectively resulting in a sixteen-foot wide easement corridor.
The City's Engineering, Public Utilities and Gas System departments have no
objection to the request. Applicable private utility providers were consulted and
each had no objection to the request.
Vice Mayor Polglaze moved to approve the request from the owner
of property addressed at 2489 Frisco Drive to vacate the westerly 4
feet of a 10-foot Drainage and Utility Easement. The motion was
duly seconded and carried unanimously.
Ordinance 8749-15 was presented and read by title only.
Councilmember Hamilton moved to pass Ordinance 8749-15 on
first reading. The motion was duly seconded and upon roll call, the
vote was:
Ayes: 5 - Mayor Cretekos, Councilmember Hock-DiPolito, Councilmember
Jonson, Councilmember Hamilton and Vice Mayor Polglaze
8.3 Approve the request from the owners of certain real property within Glenwood Estates
Addition to vacate a portion of a platted utility easement; and pass Ordinance 8745-15 on
first reading. (VAC2015-05)
The owners of several parcels of property within the block bordered by Wood
Drive, Maple Street, Hobart Avenue and Ridgewood Street are planning to
construct new improvements over a portion of the property encumbered by a
platted utility easement. The City's Engineering, Public Utilities and Gas
System departments have no plans to use this easement and have no
objection to the request. Applicable private utility providers were consulted and
each had no objection to the request.
One individual questioned the request before Council as the homes have
been built and whether the removal of two oak trees was permitted.
Real Estate Services Coordinator Chuck Lane said the construction permits
have been given but the certificates of occupancy have not been issued. The
easements were originally platted along the rear of the lot lines. The buildable
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lots contain more area than the platted lots, consequently the easements run
through the buildable lots instead of the rear. The platted easement is not city
property, but a covenant that runs with the land for 99 years. The platted
easement, which is in favor of the public, was platted in 1925. Mr. Lane said
the proposed improvements do not go over the easement.
Developer George Stamos said the property in question was owned by his
brother-in-law's family, the easements were platted in the 1930's. To make the
lots buildable, lot depth was added from other lots and those easements,
which are not in use, ran across the backs of the existing initially platted lots.
The intent is to clean up the easements so there is no easement running
through the lot. Mr. Stamos said the homes are not built on the easements.
The tree removal was permitted as part of the building permit.
The Mayor disclosed that Mr. Stamos is a cousin.
One individual spoke in opposition.
In response to questions, Mr. Lane said the entire width of the easement is
being vacated. The City Attorney said the neighboring properties are served
from the rear. Mr. Lane said Duke Energy had no objection to vacating this
portion of the easement. Mr. Stamos said Duke Energy has an easement, not
related to these lots, that runs to the east. The original easements allowed the
homes to be served from the rear of the property. Duke Energy no longer
wants to service homes from the rear of the property. Engineering Director
Mike Quillen said the easements were created when the subdivision was
platted. Duke Energy has access from the east on the rear lot lines to serve
two or three homes, the other homes are served from the front.
Councilmember Hock-DiPolito moved to approve the request from
the owners of certain real property within Glenwood Estates
Addition to vacate a portion of a platted utility easement. The
motion was duly seconded and carried unanimously.
Ordinance 8745-15 was presented and read by title only. Vice
Mayor Polglaze moved to pass Ordinance 8745-15 on first reading.
The motion was duly seconded and upon roll call, the vote was:
Ayes: 5 - Mayor Cretekos, Councilmember Hock-DiPolito, Councilmember
Jonson, Councilmember Hamilton and Vice Mayor Polglaze
Councilmember Hamilton departed chambers at 7:35 p.m.
8.4 Approve the annexation, initial Future Land Use Map designations of Residential Low
(RL) and Preservation (P)/Drainage Feature Overlay and initial Zoning Atlas
designations of Low Medium Density Residential (LMDR) and Preservation (P) for
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1760 Evans Drive, 1779 Owen Drive, and 2711 North Terrace Drive; together with
certain right-of-ways of Diane Drive, Evans Drive, North Terrace Drive, and Lucas
Drive; and pass Ordinances 8731-15, 8732-15, and 8733-15 on first reading.
(ATA2015-05001)
The City of Clearwater Planning and Development Department identified an
area within the Clearwater Planning Area with a large concentration of
properties with Agreements to Annex (ATAs) that are eligible for annexation.
These properties are located east of U.S. Highway 19, north of State Road
590, south of South Drive, and west of El Trinidad Drive. Subdivisions in this
area include Virginia Grove Terrace, Carlton Terrace, and Pinellas Terrace.
The Department identified a total of 189 properties in this area that could be
annexed through a phased approach over several years, and to date 186
properties have been annexed.
This application, which has been identified as Phase I, is the final phase of the
overall annexation project, and includes three properties. Current or previous
owners of these properties entered into ATAs between 1979 and 2005 to
obtain sanitary sewer service. The Planning and Development Department is
initiating this project to bring the properties into the City's jurisdiction in
compliance with the terms and conditions set forth in the agreements. The
Phase I properties are occupied by 3 detached dwellings on 0.613 acres of
land. All properties are contiguous to City limits along at least one property
boundary. The Development Review Committee is proposing that
approximately 0.763-acres of right-of-way throughout this area on Diane Drive,
Evans Drive, North Terrace Drive, and Lucas Drive not currently within the city
limits also be annexed. It is proposed that the properties be assigned a Future
Land Use Map designation of Residential Low (RL). It is proposed that the
properties be assigned the zoning designation of Low Medium Density
Residential (LMDR) District. Additionally, the properties at 1760 Evans Drive
and 1779 Owen Drive should also be assigned the Future Land Use Map
designation of Preservation (P)/ Drainage Feature Overlay and a zoning
designation of Preservation (P) District, consistent with the boundaries of a
drainage ditch which traverses these properties.
The Planning and Development Department has determined that the proposed
annexation is consistent with the provisions of Community Development Code
Section 4-604.E as follows:
• The properties currently receive sanitary sewer service from the City
and water service from Pinellas County. Collection of solid waste will be
provided by the City. The properties are located within Police District III
and service will be administered through the district headquarters
located at 2851 N. McMullen Booth Road. Fire and emergency medical
services will be provided to these properties by Station 48 located at
1700 Belcher Road. The City has adequate capacity to serve the
properties with solid waste, police, fire and EMS service. Water service
will continue to be provided by Pinellas County. The proposed
annexations will not have an adverse effect on public facility levels of
service; and
• The proposed annexation is consistent with and promotes the following
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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.
Policy A.7.1.3: Invoke agreements to annex where properties located
within enclaves meet the contiguity requirements of Florida Statutes
Chapter 171.
Objective A.7.2: Diversify and expand the City's tax base through the
annexation of a variety of land uses located within the Clearwater
Planning Area.
• The proposed Residential Low (RL), Preservation (P), and Drainage
Feature Overlay Future Land Use Map categories are consistent with
the current Countywide Plan designations of the properties. The
Residential Low (RL) designation primarily permits residential uses at a
density of 5 units per acre. The Preservation (P) and Drainage Feature
Overlay categories proposed to be applied to 1760 Evans Drive and
1779 Owen Drive recognize the watershed and drainage features on
the properties. The proposed zoning districts to be assigned to the
properties are the Low Medium Density Residential (LMDR) and the
Preservation (P) Districts. The uses of the subject properties are
consistent with the uses allowed in the Low Medium Density Residential
(LMDR) District. The properties exceed the minimum dimensional
requirements of the Low Medium Density Residential (LMDR) District;
therefore, the proposed annexation is consistent with the Countywide
Plan, Clearwater Comprehensive Plan, and Clearwater 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 Jonson moved to approve the annexation, initial
Future Land Use Map designations of Residential Low (RL) and
Preservation (P)/Drainage Feature Overlay and initial Zoning Atlas
designations of Low Medium Density Residential (LMDR) and
Preservation (P) for 1760 Evans Drive, 1779 Owen Drive, and 2711
North Terrace Drive; together with certain right-of-ways of Diane
Drive, Evans Drive, North Terrace Drive, and Lucas Drive. The
motion was duly seconded and carried unanimously.
Ordinance 8731-15 was presented and read by title only.
Councilmember Hock-DiPolito moved to pass Ordinance 8731-15
on first reading. The motion was duly seconded and upon roll call,
the vote was:
Ayes:4 - Mayor Cretekos, Councilmember Hock-DiPolito, Councilmember
Jonson, and Vice Mayor Polglaze
Ordinance 8732-15 was presented and read by title only. Vice
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Mayor Polglaze moved to pass Ordinance 8732-15 on first reading.
The motion was duly seconded and upon roll call, the vote was:
Ayes:4 - Mayor Cretekos, Councilmember Hock-DiPolito, Councilmember
Jonson, and Vice Mayor Polglaze
Ordinance 8733-15 was presented and read by title only.
Councilmember Jonson moved to pass Ordinance 8733-15 on first
reading. The motion was duly seconded and upon roll call, the vote
was:
Ayes: 4 - Mayor Cretekos, Councilmember Hock-DiPolito, Councilmember
Jonson, and Vice Mayor Polglaze
8.5 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 1472 Grove Circle Court, together with all right-of-way of Grove Circle
Court; and pass Ordinances 8734-15, 8735-15 and 8736-15 on first reading.
(ANX2015-05013)
This voluntary annexation petition involves a 0.235-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 320 feet west of Highland
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 Court Sanitary Sewer System
Extension Project Area. The property is contiguous to existing City limits to the
north and west. The Development Review Committee is proposing that the
0.741 acres of abutting Grove Circle Court right-of-way not currently within the
City limits also be annexed. 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,
as well as 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
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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
boundaries to the north and west; therefore, the annexation is
consistent with Florida Statutes Chapter 171.044.
Councilmember Hock-DiPolito 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 1472 Grove Circle Court, together
with all right-of-way of Grove Circle Court. The motion was duly
seconded and carried unanimously.
Ordinance 8734-15 was presented and read by title only.
Councilmember Polglaze moved to pass Ordinance 8734-15 on first
reading. The motion was duly seconded and upon roll call, the vote
was:
Ayes:4 - Mayor Cretekos, Councilmember Hock-DiPolito, Councilmember
Jonson, and Vice Mayor Polglaze
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Ordinance 8735-15 was presented and read by title only.
Councilmember Jonson moved to pass Ordinance 8735-15 on first
reading. The motion was duly seconded and upon roll call, the vote
was:
Ayes:4 - Mayor Cretekos, Councilmember Hock-DiPolito, Councilmember
Jonson, and Vice Mayor Polglaze
Ordinance 8736-15 was presented and read by title only.
Councilmember Hock-DiPolito moved to pass Ordinance 8736-15
on first reading. The motion was duly seconded and upon roll call,
the vote was:
Ayes: 4 - Mayor Cretekos, Councilmember Hock-DiPolito, Councilmember
Jonson, and Vice Mayor Polglaze
8.6 Approve the annexation, initial Future Land Use Map designation of Residential Urban
(RU) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR)
District for 2052 The Mall, together with all right-of-way of The Mall; and pass
Ordinances 8737-15, 8738-15 and 8739-15 on first reading. (ANX2015-05014)
This voluntary annexation petition involves a 0.115-acre property consisting of
one parcel of land occupied by a single-family dwelling. It is located on the
west side of The Mall, approximately 510 feet south of Union Street. The
applicant is requesting annexation in order to receive solid waste service from
the City, and will be connected to City sewer as part of the Idlewild/The Mall
Septic-to-Sewer Project. The property is contiguous to existing City limits to the
north and east. The Development Review Committee is proposing that the
0.503 acres of abutting The Mall right-of-way not currently within the City limits
also be annexed. It is proposed that the property 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
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
has paid the impact fee in full and is currently awaiting connection to
the sewer system. 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
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City Council Meeting Minutes July 16, 2015
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 Urban (RU) Future Land Use Map category
is consistent with the current Countywide Plan designation of this
property. This designation primarily permits residential uses at a
density of 7.5 units per acre. The proposed zoning district to be
assigned to the property is the Low Medium Density Residential
(LMDR) District. The use of the subject property is consistent with the
uses allowed in the District and the property exceeds the District's
minimum dimensional requirements. The proposed annexation is
therefore consistent with the Countywide Plan and the City's
Comprehensive Plan and Community Development Code; and
• The property proposed for annexation is contiguous to existing City
boundaries to the north and east; 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 2052 The Mall, together with all right-of-way of
The Mall. The motion was duly seconded and carried unanimously.
Ordinance 8737-15 was presented and read by title only.
Councilmember Jonson moved to pass Ordinance 8737-15 on first
reading. The motion was duly seconded and upon roll call, the vote
was:
Ayes:4 - Mayor Cretekos, Councilmember Hock-DiPolito, Councilmember
Jonson, and Vice Mayor Polglaze
Ordinance 8738-15 was presented and read by title only.
Councilmember Hock-DiPolito moved to pass Ordinance 8738-15
on first reading. The motion was duly seconded and upon roll call,
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City of Clearwater
City Council Meeting Minutes July 16, 2015
the vote was:
Ayes:4 - Mayor Cretekos, Councilmember Hock-DiPolito, Councilmember
Jonson, and Vice Mayor Polglaze
Ordinance 8739-15 was presented and read by title only. Vice
Mayor Polglaze moved to pass Ordinance 8739-15 on first reading.
The motion was duly seconded and upon roll call, the vote was:
Ayes: 4 - Mayor Cretekos, Councilmember Hock-DiPolito, Councilmember
Jonson, and Vice Mayor Polglaze
8.7 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 2117 Burnice Drive; and pass Ordinances 8740-15, 8741-15 and 8742-15
on first reading. (ANX2015-05015)
This voluntary annexation petition involves one parcel of land totaling 0.236
acres. The parcel is occupied by a single-family dwelling and is located on the
south side of Burnice Drive, approximately 975 feet west of South Belcher
Road. The applicant is requesting annexation in order to receive solid waste
service from the City, and will be connected to City sewer as part of the
Belcher Area Sanitary Sewer Extension Project Area. The property is
contiguous to existing City boundaries along the north. It is proposed that the
property be assigned a Future Land Use Map designation of Residential Low
(RL) and the 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 fee in full, and will be
connected to the City sewer system once it is 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 the property by Station
47 located at 1460 Lakeview Road. The City has adequate capacity to
serve the property with sanitary sewer, solid waste, police, fire and EMS
service. The property will continue to receive water from 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 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
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City of Clearwater
City Council Meeting Minutes July 16, 2015
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 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; 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 Low (RL) and
initial Zoning Atlas designation of Low Medium Density Residential
(LMDR) District for 2117 Burnice Drive. The motion was duly seconded
and carried unanimously.
Ordinance 8740-15 was presented and read by title only.
Councilmember Jonson moved to pass ordinance 8740-15 on first
reading. The motion was duly seconded and upon roll call, the vote
was:
Ayes:4 - Mayor Cretekos, Councilmember Hock-DiPolito, Councilmember
Jonson, and Vice Mayor Polglaze
Ordinance 8741-15 was presented and read by title only.
Councilmember Hock-DiPolito moved to pass ordinance 8741-15 on
first reading. The motion was duly seconded and upon roll call, the
vote was:
Ayes:4 - Mayor Cretekos, Councilmember Hock-DiPolito, Councilmember
Jonson, and Vice Mayor Polglaze
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City of Clearwater
City Council Meeting Minutes July 16, 2015
Ordinance 8742-15 was presented and read by title only. Vice
Mayor Polglaze moved to pass Ordinance 8742-15 on first reading.
The motion was duly seconded and upon roll call, the vote was:
Ayes:4 - Mayor Cretekos, Councilmember Hock-DiPolito, Councilmember
Jonson, and Vice Mayor Polglaze
8.8 Continue to 8/20/2015: Consider Resolution 15-16 approving a Development
Agreement between the City of Clearwater and PV-Pelican Walk, LLC. for property
located at 483 Mandalay Ave. legally described as Parcel Nos.
08-29-15-16434-001-0020 & 08-29-15-16416-002-0320 (DVA2014-06001A)
Councilmember Jonson moved to continue Item 8.8 to August 20,
2015. The motion was duly seconded and carried unanimously.
9. Second Readings - Public Hearing
9.1 Adopt Ordinance 8716-15 on second reading, annexing certain real property whose
post office address is 1766 Owen Drive, into the corporate limits of the city and
redefining the boundary lines of the city to include said addition.
Ordinance 8716-15 was presented and read by title only.
Councilmember Hock-DiPolito moved to adopt Ordinance 8716-15
on second and final reading. The motion was duly seconded and
upon roll call, the vote was:
Ayes: 4 - Mayor Cretekos, Councilmember Hock-DiPolito, Councilmember
Jonson, and Vice Mayor Polglaze
9.2 Adopt Ordinance 8717-15 on second reading, amending the future land use plan
element of the Comprehensive Plan of the city to designate the land use for certain
real property whose post office address is 1766 Owen Drive, upon annexation into the
City of Clearwater, as Residential Low (RL).
Ordinance 8717-15 was presented and read by title only. Vice
Mayor Polglaze moved to adopt Ordinance 8717-15 on second and
final reading. The motion was duly seconded and upon roll call, the
vote was:
Ayes: 4 - Mayor Cretekos, Councilmember Hock-DiPolito, Councilmember
Jonson, and Vice Mayor Polglaze
9.3 Adopt Ordinance 8718-15 on second reading, amending the Zoning Atlas of the city
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City of Clearwater
City Council Meeting Minutes July 16, 2015
by zoning certain real property whose post office address is 1766 Owen Drive, upon
annexation into the City of Clearwater, as Low Medium Density Residential (LMDR).
Ordinance 8718-15 was presented and read by title only.
Councilmember Jonson moved to adopt Ordinance 8718-15 on
second and final reading. The motion was duly seconded and upon
roll call, the vote was:
Ayes: 4 - Mayor Cretekos, Councilmember Hock-DiPolito, Councilmember
Jonson, and Vice Mayor Polglaze
9.4 Adopt Ordinance 8719-15 on second reading, annexing certain real property whose
post office address is 2143 Burnice Drive, Clearwater, Florida 33764, into the
corporate limits of the city and redefining the boundary lines of the city to include said
addition.
Ordinance 8719-15 was presented and read by title only.
Councilmember Hock-DiPolito moved to adopt Ordinance 8719-15
on second and final reading. The motion was duly seconded and
upon roll call, the vote was:
Ayes: 4 - Mayor Cretekos, Councilmember Hock-DiPolito, Councilmember
Jonson, and Vice Mayor Polglaze
9.5 Adopt Ordinance 8720-15 on second reading, amending the future land use plan
element of the Comprehensive Plan of the city to designate the land use for certain
real property whose post office address is 2143 Burnice Drive, Clearwater, Florida
33764, upon annexation into the City of Clearwater, as Residential Low (RL).
Ordinance 8720-15 was presented and read by title only. Vice
Mayor Polglaze moved to adopt Ordinance 8720-15 on second and
final reading. The motion was duly seconded and upon roll call, the
vote was:
Ayes: 4 - Mayor Cretekos, Councilmember Hock-DiPolito, Councilmember
Jonson, and Vice Mayor Polglaze
9.6 Adopt Ordinance 8721-15 on second reading, amending the Zoning Atlas of the city
by zoning certain real property whose post office address is 2143 Burnice Drive,
Clearwater, Florida 33764, upon annexation into the City of Clearwater, as Low
Medium Density Residential (LMDR).
Ordinance 8721-15 was presented and read by title only.
Councilmember Jonson moved to adopt Ordinance 8721-15 on
second and final reading. The motion was duly seconded and upon
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City of Clearwater
City Council Meeting Minutes July 16, 2015
roll call, the vote was:
Ayes: 4 - Mayor Cretekos, Councilmember Hock-DiPolito, Councilmember
Jonson, and Vice Mayor Polglaze
9.7 Adopt Ordinance 8725-15 on second reading, annexing certain real property whose
post office address is 2058 Poinsetta Avenue, Clearwater, Florida 33755, together
with certain rights-of-way of Poinsetta Avenue and Arbelia Street, into the corporate
limits of the city and redefining the boundary lines of the city to include said addition.
Ordinance 8725-15 was presented and read by title only.
Councilmember Hock-DiPolito moved to adopt Ordinance 8725-15
on second and final reading. The motion was duly seconded and
upon roll call, the vote was:
Ayes: 4 - Mayor Cretekos, Councilmember Hock-DiPolito, Councilmember
Jonson, and Vice Mayor Polglaze
9.8 Adopt Ordinance 8726-15 on second reading, amending the future land use plan
element of the Comprehensive Plan of the city to designate the land use for certain
real property whose post office address is 2058 Poinsetta Avenue, Clearwater, Florida
33755, upon annexation into the City of Clearwater, as Residential Urban (RU).
Ordinance 8726-15 was presented and read by title only. Vice
Mayor Polglaze moved to adopt Ordinance 8726-15 on second and
final reading. The motion was duly seconded and upon roll call, the
vote was:
Ayes: 4 - Mayor Cretekos, Councilmember Hock-DiPolito, Councilmember
Jonson, and Vice Mayor Polglaze
9.9 Adopt Ordinance 8727-15 on second reading, amending the Zoning Atlas of the city
by zoning certain real property whose post office address is 2058 Poinsetta Avenue,
Clearwater, Florida 33755, upon annexation into the City of Clearwater, as Low
Medium Density Residential (LMDR).
Ordinance 8727-15 was presented and read by title only.
Councilmember Jonson moved to adopt Ordinance 8727-15 on
second and final reading. The motion was duly seconded and upon
roll call, the vote was:
Ayes: 4 - Mayor Cretekos, Councilmember Hock-DiPolito, Councilmember
Jonson, and Vice Mayor Polglaze
9.10Adopt Ordinance 8746-15 on second reading, amending the Community Development
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City of Clearwater
City Council Meeting Minutes July 16, 2015
Code by changing the notice requirements for level one, two and three applications,
certifying consistency with the city's Comprehensive Plan and proper advertisement,
and providing for severability.
Ordinance 8746-15 was presented and read by title only.
Councilmember Hock-DiPolito moved to adopt Ordinance 8746-15
on second and final reading. The motion was duly seconded and
upon roll call, the vote was:
Ayes: 4 - Mayor Cretekos, Councilmember Hock-DiPolito, Councilmember
Jonson, and Vice Mayor Polglaze
10. City Manager Reports
10.1Adopt a tentative millage rate of 5.1550 mills for fiscal year 2015/16; set public
hearing dates on the budget for September 3, 2015 and September 17, 2015, to be
held no earlier than 6:00 p.m., and schedule a special council meeting on August 17,
2015 at 5:00 p.m. to fully discuss the proposed budget.
In accordance with the Truth in Millage (TRIM) process, the City Council must
adopt a tentative millage rate and set public hearing dates prior to finalizing
and adopting a budget. This information must be provided to the Pinellas
County Property Appraiser and Tax Collector by August 4, 2015. The City's
proposed millage rate and public hearing dates will be included on the TRIM
notices mailed to taxpayers in August. This tentative rate cannot be increased
without first-class mailing notification to each taxpayer at the expense of the
City of Clearwater, not less than 10 days and not more than 15 days before the
public hearing.
The City Manager's recommended millage rate is 5.1550 mills, the same
millage rate as the current year. The rate is 5.78% more than the rolled back
rate of 4.8735 mills. The rolled-back rate is the millage rate that will provide
the City with the same property tax revenue as was levied in the prior year. If
the proposed millage rate of 5.1550 mills is adopted, the City's ordinance
adopting the millage rate will reflect a 5.78% increase from the rolled-back rate
of 4.8735 mills.
The proposed millage rate as well as other TRIM millage rates will be noted on
the 2015 compliance forms as follows:
5.1550 mills - Tentative millage rate
4.8735 mills - Rolled-back millage rate
7.3326 mills - Maximum majority vote rate
8.0659 mills - Maximum two-thirds vote rate
Staff would also like to schedule a special council meeting in August to fully
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City of Clearwater
City Council Meeting Minutes July 16, 2015
discuss the proposed budget, the increased levels of staffing and new
programs proposed. At the July 13 work session, there was council consensus
to schedule a special council meeting on Monday, August 17, 2015 at 5:00
p.m. to fully discuss the proposed budget.
Budget Manager Kayleen Kastel provided a PowerPoint presentation.
Vice Mayor Polglaze moved to adopt a tentative millage rate of
5.1550 mills for fiscal year 2015/16; set public hearing dates on the
budget for September 3, 2015 and September 17, 2015, to be held
no earlier than 6:00 p.m., and schedule a special council meeting
on August 17, 2015 at 5:00 p.m. to fully discuss the proposed
budget. The motion was duly seconded and carried unanimously.
10.2Amend the Clearwater Code of Ordinances Chapter 32 Utilities, Article VII Solid
Waste Management, updating definitions, trash collection frequency and practice
exemptions, private roll-off hauler reporting, yard waste and unincorporated collection;
amend Appendix A - Schedule of Fees, Rates; and pass Ordinance 8748-15 on first
reading.
During the work session and council meetings of October 13 and 15, 2014,
Burton and Associates (Burton) provided their Solid Waste and Recycling Rate
Study presentation to City Council. Burton recommended a 3.75% increase to
the Solid Waste and Recycling rates and staff supported the recommendation.
The majority of the rate changes recommended by this amendment to
Appendix A are to include this recommended rate increase.
Also brought forward at those meetings was the staff recommendation of
converting the twice-weekly trash collection to once-weekly. The waste
diversion gained by converting the recycling collection to the larger 96-gallon
carts, also supports this switch to once-weekly trash collection. Some of the
amendments to the Code of Ordinances are to accomplish this change.
The remainder of the changes within the Solid Waste Management section of
the Code are to definitions; providing clarification for (1) monthly reporting
requirements and due date for private roll-off haulers, (2) yard waste
pre-collection practices for residents, and (3) recycling collection practices and
defining collection service provisions outside of the city for refuse and recycling
regarding Agreements to Annex.
The remaining rate changes to Appendix A are (1) to remove the
grand-fathered rates previously granted to multi-family dwellings and roll-off or
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City of Clearwater
City Council Meeting Minutes July 16, 2015
compactor customers, that were meant to help the City establish those
programs when they were established in 1994 and 1996 respectively, and (2)
to reduce commercial recycling rates and divide those into two categories
(cardboard and mixed recycling).
Solid Waste and General Services Director Earl Gloster said as directed by
Council at the work session, language has been amended to reduce the
additional barrel fee to 30% of the base rate, or$7.74.
In response to questions, Mr. Gloster said the City will continue curbside
collection of old refrigerators and couches. Yard waste should not be placed in
the black barrels; it should be placed at the curb. The City will continue to
collect the same tonnage with the proposed once-a-week collection. Pinellas
County is expected to increase the tipping fee. Mr. Gloster said if notified prior,
the department will provide an additional barrel at no cost for a special event.
The cities of Dunedin, Safety Harbor, and Sarasota have adopted a
once-a-week garbage collection. The City of Largo is considering a
once-a-week garbage collection.
Councilmember Hamilton moved to amend the Clearwater Code of
Ordinances Chapter 32 Utilities, Article VII Solid Waste
Management, updating definitions, trash collection frequency and
practice exemptions, private roll-off hauler reporting, yard waste
and unincorporated collection; amend Appendix A - Schedule of
Fees, Rates. The motion was duly seconded and carried
unanimously.
Ordinance 8748-15 was presented and read by title only.
Councilmember Jonson moved to pass Ordinance 8748-15 on first
reading. The motion was duly seconded and upon roll call, the vote
was:
Ayes: 5 - Mayor Cretekos, Councilmember Hock-DiPolito, Councilmember
Jonson, Councilmember Hamilton and Vice Mayor Polglaze
11. City Attorney Reports — None.
12. Other Council Action — None.
13. Closing comments by Councilmembers (limited to 3 minutes)
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City Council
Meeting Minutes July 16, 2015
Councilmember Jonson said he attended the last Pinellas Planning Council
(PPC) meeting and thought the mixed -use presentation was fascinating. The
PPC's four top priorities are appropriate, including accessibility for pedestrians
on US Highway 19 and producing a clear and compelling vision for the county.
Councilmember Hock - DiPolito said the PPC's Executive Director Selection
Committee was comprised of several councilmembers and commissioners
from surrounding cities; it took six months to narrow down the applicants
before selecting Mr. Blanton. The MPO/PPC is working with the Florida
Department of Transportation and the Transportation Management Area
Group as it relates to the pedestrian overpass over State Road 60 with the
new trail opening up. She wished her daughter a Happy 23rd Birthday.
14. Closing Comments by Mayor.
15. Adjourn
Mayor Cretekos reviewed recent and upcoming events, wished
Councilmember Hamilton and his spouse a Happy Anniversary, and
congratulated the City Attorney for being named one of Florida's Top City
Attorneys.
The meeting adjourned at 8:09 p.m.
City of Clearwater
cte0 /tt r(rcNo$
Mayor
City of Clearwater
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