11/17/2014 Council Work Session Meeting Minutes November 17, 2014
City of Clearwater
City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
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Meeting Minutes
Monday, November 17, 2014
1 :00 PM
Council Chambers
Council Work Session
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City of Clearwater
Council Work Session Meeting Minutes November 17, 2014
Roll Call
Present 5 - Mayor George N. Cretekos, Vice Mayor Doreen Hock-DiPolito,
Councilmember Hoyt Hamilton, Councilmember Bill Jonson, and
Councilmember Jay E. Polglaze
Also Present—William B. Horne II — City Manager, Jill S. Silverboard —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 1:00 pm at City Hall.
2. Presentations — Given.
2.1 Service Awards
Five service awards were presented to city employees and the
November 2014 Employee of the Month Award was presented to Patrick
Brafford, parks and Recreation.
The Council recessed from 1:07 p.m. to 1:32 p.m. to meet as the Pension
Trustees.
3. Economic Development and Housing
3.1 Consider request from the Homeless Emergency Project, Inc. (HEP) for an increase in
the amount of$50,000 for operations, capital improvements, and staffing needs, as
part of the city's homeless initiative. (consent)
In an effort to address the root causes of homelessness, the City of Clearwater
(City) established its homeless initiative program in the summer of 2012. In
order to accomplish its mission and provide homeless individuals and families
with access to comprehensive services, the City partnered with several local
social service providers. One of those valued providers is HEP, located at 1120
N. Betty Lane, Clearwater.
The mission of HEP is to provide homeless individuals and families with
housing, food, clothing, and support services necessary to obtain
self-sufficiency and improved quality of life. HEP assists 400 men, women and
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Council Work Session Meeting Minutes November 17, 2014
children each day. In 2013, they helped 1,398 adults and 76 families (127
children), including 508 veterans; they served 95,091 meals; and the HEP
Dental Clinic performed 3,993 free procedures for their residents, valued at
over$525,000.
The City has allocated $50,000 to HEP for FY 2014-2015 from General Funds
in the Economic Development and Housing Department budget. These funds
can be used to support several primary types of activities, including but not
limited to housing of homeless individuals and families, delivery of case
management, transportation services to veterans to the Bay Pines VA, and
operations costs.
On October 15, 2014, HEP requested an additional $50,000, bringing the
grand total to $100,000 for the current fiscal year. The budgetary reasons for
this request are:
• More homeless people accessed the Emergency Shelter than the
previous year;
• Emergency Shelter bathroom upgrades and floor replacement;
• Increased staffing and personnel needs.
Between October 1, 2013 and May 31, 2014, HEP assisted 553 homeless
individuals and 14 families from Clearwater, and they accepted 44 referrals
from the Clearwater Homeless Street Outreach Team. Based on the number of
homeless people that they assisted and the program needs, staff recommends
that the City Council consider an increased funding commitment for fiscal year
2014-2015, the level of which is to be determined by the City Council.
Depending on the increased level of funding, a budget amendment will be
brought forward as part of first quarter budget amendments.
APPROPRIATION CODE AND AMOUNT:
010-09216-581000-552-000-0000 - up to $50,000
USE OF RESERVE FUNDS:
If approved, funding for this contract will be provided by a first quarter budget
amendment allocating General Fund reserves in the amount approved up to
$50,000 to Economic Development cost code 010-09216-581000-552. The
balance in General Fund reserves is approximately $17.9 million, or 15.3% of
the 2014/15 General Fund operating budget. A total of$1,101,214 of General
Fund reserves has been used to date to fund expenditures in the 2014/15
operating budget.
In response to questions, Community Development Manager Ekaterini
Gerakios Siren said the City provides $100,000 to Safe Harbor, $19,500 to
Salvation Army, $25,000 to RCS, $25,00 to Pinellas Hope, $25,000 to Pinellas
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Hope, and$27,500 to HLB. HEP serves more homeless individuals from the
Clearwater area. The City of Saint Petersburg provides $150,000 to Pinellas
Safe Harbor and$250,000 to St. Vincent de Paul South County. Ms. Gerakios
Siren said last year was the first time the City requested Safe Harbor to
provide data on services provided. HEP provides transitional housing for
veterans. The City Manager said HEP did not formally submit a request for
increased funding until after the budget review process.
Staff was directed to take Item 3.1 off the Consent Agenda.
3.2 Consider the request from Religious Community Services (RCS) for an increase in the
amount of$25,000 for operations and staffing needs of RCS Grace House, as part of
the city's homeless initiative. (consent)
In an effort to address the root causes of homelessness, the City of Clearwater
(City) established its homeless initiative program in the summer of 2012. In
order to accomplish its mission and provide homeless individuals and families
with access to comprehensive services, the City partnered with several local
social service providers. One of those valued providers is RCS, located at 503
S. Martin Luther King Jr., Clearwater.
The mission of RCS is to direct resources to people facing hunger,
homelessness, domestic violence and basic needs. RCS Grace House is an
emergency shelter for homeless families with children. The program works
one-on-one with families through case management and residents can stay
there for up to two months. The facility consists of 14 fully-furnished
apartments.
The City has allocated $25,000 to RCS for Fiscal Year 2014-2015 from
General Funds in the Economic Development and Housing Department
budget. These funds can be used to support several primary types of activities,
including but not limited to transitional housing of homeless families, delivery of
case management, and operational costs.
On October 29, 2014, RCS requested an additional $25,000, bringing the
grand total to $50,000 for the current fiscal year. The budgetary reasons for
this request are:
• Homeless families with children are the fastest growing subset of
homeless populations in Pinellas County; and
• Expansion of RCS Grace House services.
During Fiscal Year 2013-2014, RCS Grace House assisted 82 homeless/at risk
individuals (25 families) from Clearwater. Based on the program needs and the
overall countywide efforts to reduce homelessness among families with minor
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children, staff recommends that the City Council consider an increased funding
commitment for fiscal year 2014-2015, the level of which is to be determined
by the City Council. Depending on the increased level of funding, a budget
amendment will be brought forward as part of first quarter budget
amendments.
APPROPRIATION CODE AND AMOUNT:
0010-09216-581000-552-000-0000 - $25,000
USE OF RESERVE FUNDS:
If approved, funding for this contract will be provided by a first quarter budget
amendment allocating General Fund reserves in the amount approved up to
$25,000 to Economic Development cost code 010-09216-581000-552. The
balance in General Fund reserves is approximately $17.9 million, or 15.3% of
the 2014/15 General Fund operating budget. A total of$1,151,214 of General
Fund reserves has been used to date to fund expenditures in the 2014/15
operating budget.
Staff was directed to take Item 3.2 off the Consent Agenda.
4. Finance
4.1 Declare list of vehicles and equipment surplus to the needs of the City; authorize
disposal through sale to the highest bidder at the Tampa Machinery Auction, Tampa,
Florida; and authorize the appropriate officials to execute same. (consent)
All surplus vehicles and equipment have been replaced as necessary, or are
no longer required.
Tampa Machinery Auction is the Tampa Bay Purchasing Cooperative
Auctioneer of Record; contract period through March 2015. Tampa Machinery
Auction holds a live auction monthly and accepts internet bids at the time of the
live auction.
APPROPRIATION CODE AND AMOUNT:
0566-00000-364413-000-0000 Amount - Sales Proceeds TBD
5. Engineering
5.1 Approve a proposal from Construction Manager at Risk Keystone Excavators Inc, of
Oldsmar, Florida in the amount of$672,210.00 for the construction of Corona Avenue
Gabions, and authorize the appropriate officials to execute same. (consent)
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June 6, 2013, City Council approved the use of Construction Manager at Risk
Services (CMR) for Continuing Contracts with Biltmore Construction Co., Inc.
of Belleair, FL; Peter Brown Construction Solutions of Clearwater, FL; Certus
Builders, Inc. of Tampa, FL; Creative Contractors, Inc. of Clearwater, FL;
Honeywell Building Solutions of Orlando, FL; Keystone Excavators, Inc. of
Oldsmar, FL; and J. Kokolakis Contracting, Inc. of Tarpon Springs, FL for a
period of three years.
These firms were selected in accordance with Florida Statutes 255.103 and
287.055 under Request for Qualifications 15-13 based upon construction
experience, financial capability, availability of qualified staff, local knowledge
and involvement in the community.
The intent of this project is to replace existing gabions baskets along Allen's
Creek at Corona Avenue. The original baskets are collapsing, causing portions
of the creek bank to erode. The new baskets will be vinyl coated and
configured in a manner far superior to the original alignment.
APPROPRIATION CODE AND AMOUNT:
0315-96124-563700-539-000-0000 $672,210.00
Funds are available in capital improvement project 315-96124, Storm Pipe
System Improvements, to fund this contract.
6. Parks and Recreation
6.1 Approve an Agreement between the City and Fields, Inc. of Clearwater, Florida for the
operation and maintenance of the Barefoot Beach House, located at 332 S. Gulfview
Blvd., from January 1, 2015 to December 31, 2019, and authorize the appropriate
officials to execute same. (consent)
On September 4, 2014, the City Council approved staff rankings for Request
for Proposals 35-14 for the operation and maintenance of the Barefoot Beach
House (BBH) and directed staff to negotiate a lease agreement with Fields,
Inc. of Clearwater, Florida for a term of five years with one renewable term of
five years.
This item is the culmination of negotiations with Fields, Inc. and city staff and is
being recommended for approval by the City Council.
The current agreement with Fields, Inc. to operate the BBH expires on
December 31, 2014 while this new agreement will begin on January 1, 2015.
In many respects this agreement is similar to the current agreement however
updated to meet new and current City and State regulations.
Included in the agreement is a guarantee return of$100,008 per year for
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Council Work Session Meeting Minutes November 17, 2014
operation and use of the concession building as well as an additional percent
of gross sales above $750,000 starting at 20% and increasing to 25%. In
addition, Fields will provide 50% of gross sales for all beach rentals. Based on
2013 gross revenue the City would receive $602,979 from Fields, Inc. in 2015
if there was no increase in business.
However, it should be noted that the gross revenue for 2014 has increased by
approximately 13% and there is no indication that the revenue projections will
decrease in the coming years.
Additional financial investments made by Fields, Inc. included in the agreement
include $2,500 per year for the lifeguard operations on Clearwater Beach and
capital funds totaling $401,000 to expand the rest room facilities at BBH and
construct a new beach maintenance building for city staff at Mandalay Park.
The agreement is strengthened by adding language to include updated
background checks and first aid training requirements for employees; improved
accountability by requiring updated standards of operation manuals and
procedures; and, flexibility to expand product lines and offerings to the public.
Funds generated by this agreement go into the general fund of the City.
This item supports the City Strategic Vision by providing not only quality
facilities and improvements to maintain the City infrastructure but also provides
efficiency in partnering with other local businesses to operate City owned
facilities.
In response to a question, Parks and Recreation Director Kevin Dunbar said
Council previously approved the RFP ranking and are now approving the
agreement.
6.2 Award a purchase order (contract) to Stonelight of Naples, Florida in the amount of
$132,600 for the construction and delivery of concrete light bollards designed
specifically for use on Beach Walk and other Beach sites including Pier 60 Park and
Papaya Street Plaza and authorize the appropriate officials to execute same.
(consent)
Beginning in Fiscal Year 2012/13 the City began a phased program to replace
and upgrade the light bollards on Beach Walk from a decorative metal fixture
to a more stable and vandal proof concrete bollard made and designed by
Stonelight. Phase II was completed in December 2013.
In order to continue with this program and complete Phase III consisting of 41
additional fixtures on Beach Walk staff is recommending this bollard as a sole
source purchase.
Originally the City searched for and received bids on various replacement
bollards and settled on this design and bollard due to its uniqueness and
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Council Work Session Meeting Minutes November 17, 2014
vandal proof qualities.
The purchase order will allow the City to purchase bollards for various beach
projects during the year including Beach Walk, Pier 60 Park Renovations,
Papaya Street Plaza, as well as some spares needed due to possible scope
changes and/or replacements.
This item supports the City's Strategic Vision to provide quality facilities
(Beachwalk, Pier 60 Park) for not only the enjoyment by residents but to
promote tourism of Clearwater Beach.
APPROPRIATION CODE AND AMOUNT:
Funds are available in capital improvement projects as follows:
Beachwalk Repairs and Improvements CIP315-93633 - $43,788.00
Pier 60 Park Repair and Improvement CIP315-93624 - $52,268.00
Marina District Boardwalk and Entry CIP 315-93639 - $25,794.00
Park Amenity Replacements CIP 315-93635 - $10,750.00
7. Planning
7.1 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 1601 Long Street (Highland Pines 1 st Addition, Block 6, Lot 1 in Section
11, Township 29 South, Range 15 East) together with all abutting right-of-way of Long
Street; and pass Ordinances 8604-14, 8605-14 and 8606-14 on first reading.
(ANX2014-09015)
This voluntary annexation petition involves a 0.167-acre property consisting of
one parcel of land occupied by a single-family dwelling. It is located along the
south side of Long Street approximately 300 feet west of Ridge Avenue. The
applicant is requesting annexation in order to receive solid waste service from
the City. The Development Review Committee is proposing that the
0.096-acres of abutting Long Street right-of way not currently within the city
limits also be annexed. The property is located within an enclave and is
contiguous to existing City boundaries to the west. 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 closest
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sanitary sewer line is approximately 100 feet west of the subject
property. Due to the distance of this line, sewer service is not readily
available to the applicant's property. 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 51 located at 1720
Overbrook Avenue. 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) 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 along the west of the property boundary; therefore, the
annexation is consistent with Florida Statutes Chapter 171.044.
7.2 Approve the annexation, initial Future Land Use Map designation of Residential Urban
(RU) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR)
District for 1215 Union Street (Cleardun Block A, Lot 10 in Section 3, Township 29
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South, Range 15 East), 1244 Palm Street (Cleardun Block A, Lot 28 in Section 3,
Township 29 South, Range 15 East), and 1301 Idlewild Drive (Brooklawn Block K, Lot
1 in Section 3, Township 29 South, Range 15 East) together with certain abutting
right-of-way of Idlewild Drive and Union Street; and pass Ordinances 8608-14,
8609-14 and 8610-14 on first reading. (ANX2014-09016)
These voluntary annexation petitions involve three parcels of land totaling
0.397 acres. The parcels are occupied by single-family dwellings. The three
lots are located generally south of Union Street, east of Douglas Avenue, north
of Sunset Point Road (State Route 576), and west of Kings Highway. The
applicants are requesting annexation in order to receive solid waste service
from the City, and will connect to city sewer when made available from the
City's Idlewild/The Mall Septic-to-Sewer program. The properties are
contiguous to existing City boundaries along at least one property boundary.
The Development Review Committee is proposing that the 0.18-acres of
abutting right-of-way of Idlewild Drive and Union Street 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 Urban (RU) and a zoning
category of Low Medium Density Residential (LMDR).
The Planning and Development Department determined that the proposed
annexations are consistent with the provisions of Clearwater Community
Development Code Section 4-604.E as follows:
• The properties currently receive water service from the City. Collection
of solid waste will be provided to the properties by the City. The
applicants will connect to the City's sanitary sewer service when made
available, and are aware of the fee that must be paid in order to
connect and the financial incentives available. The properties are
located within Police District II and service will be administered through
the district headquarters located at 645 Pierce Street. Fire and
emergency medical services will be provided to these properties by
Station 51 located at 1720 Overbrook Avenue. The City has adequate
capacity to serve these properties with sanitary sewer, solid waste,
police, fire and EMS service. The proposed annexations will not have
an adverse effect on public facilities and their levels of service; and
• The proposed 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.
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Objective A.7.2 Diversify and expand the City's tax base through the
annexation of a variety of land uses located within the Clearwater
Planning Area.
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 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 properties proposed for annexation are contiguous to existing City
boundaries along at least one property boundary; therefore, the
annexation is consistent with Florida Statutes Chapter 171.044.
7.3 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 815 Woodruff Avenue (Oak Acres Block A, Lot 11 in Section 14, Township
29 South, Range 15 East) together with all abutting right-of-way of Woodruff Avenue;
and pass Ordinances 8613-14, 8614-14 and 8615-14 on first reading.
(ANX2014-09018)
This voluntary annexation petition involves a 0.323-acre property consisting of
one parcel of land occupied by a single-family dwelling. It is located along the
east side of Woodruff Avenue approximately 300 feet south of Druid Road.
The applicant is requesting annexation in order to receive solid waste service
from the City. The Development Review Committee is proposing that the
0.138-acres of abutting Woodruff Avenue right-of-way not currently within the
City limits also be annexed. The property is located within an enclave and is
contiguous to existing City boundaries to the north. 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
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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 closest
sanitary sewer line is approximately 320 feet north of the subject
property in the Druid Road right-of-way. Due to the distance of this line,
sewer service is not readily available to the applicant's property. 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 solid waste, police, fire
and EMS service. The proposed annexation will not have an adverse
effect on public facilities and their levels of service; and
• The proposed annexation is consistent with and promotes the following
objectives and policy of the Clearwater Comprehensive Plan:
Objective A.6.4 Due to the built-out character of the City of Clearwater,
compact urban development within the urban service area shall be
promoted through application of the Clearwater Community
Development Code.
Objective A.7.2 Diversify and expand the City's tax base through the
annexation of a variety of land uses located within the Clearwater
Planning Area.
Policy A.7.2.3 Continue to process voluntary annexations for
single-family residential properties upon request.
• The proposed Residential Low (RL) Future Land Use Map category is
consistent with the current Countywide Plan designation of this
property. This designation primarily permits residential uses at a
density of 5 units per acre. The proposed zoning district to be
assigned to the property is the Low Medium Density Residential
(LMDR) District. The use of the subject property is consistent with the
uses allowed in the District and the property exceeds the District's
minimum dimensional requirements. The proposed annexation is
therefore consistent with the Countywide Plan and the City's
Comprehensive Plan and Community Development Code; and
• The property proposed for annexation is contiguous to existing City
boundaries to the north; therefore, the annexation is consistent with
Florida Statutes Chapter 171.044.
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7.4 Approve a Zoning Atlas Amendment from the Low Density Residential (LDR) District
to the Low Medium Density Residential (LMDR) District for property located at 2854
Sunstream Lane (consisting of a portion of the north '/2 of southwest '/4 of northeast 1/4
of Section 32, Township 28 South, Range 16 East), and pass Ordinance 8603-14 on
first reading. (REZ2014-08003)
This rezoning application involves an 11.462-acre property owned by
Sunstream Lane Development, LLC. It is located on the south side of
Sunstream Lane, approximately 160 feet west of Parkstream Avenue, south of
Saber Drive, and north of Lake Chautauqua Park. This property has a Future
Land Use Map classification of Residential Low (RL) and a Zoning Atlas
designation of Low Density Residential (LDR). The request is to amend the
Zoning Atlas designation from Low Density Residential (LDR) to Low Medium
Density Residential (LMDR), which is also consistent with the underlying Future
Land Use Map classification of Residential Low (RL).
The subject property is primarily vacant land with Sunstream Lane running east
to west along the northern boundary of the property. A portion of the western
boundary of the parcel abuts Lake Chautauqua and is zoned Preservation (P).
The applicant has submitted a Preliminary Plat for a 28-lot subdivision to be
processed if this rezoning is approved.
The Planning & Development Department has determined that the proposed
Zoning Atlas amendment is consistent with the Community Development Code
as specified below:
• The proposed amendment is consistent with the Comprehensive
Plan and the Community Development Code;
• The proposed amendment is compatible with the surrounding
property and character of the neighborhood;
• The available uses in the Low Medium Density Residential
(LMDR) District are compatible with the surrounding area;
• The proposed amendment will not adversely burden public
facilities, including the traffic-carrying capacities of streets, in an
unreasonably or disproportionate manner; and
• The proposed Low Medium Density Residential (LMDR) District
boundaries are appropriately drawn in regard to location and
classifications of streets, ownership lines, existing improvements
and the natural environment.
The Community Development Board reviewed this application at its public
hearing on October 21, 2014 and unanimously recommended approval of the
Zoning Atlas Amendment.
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In response to questions, Planner Kyle Brotherton said the area immediately
to the east on Parkstream Lane is LMDR. All residential lots are similar in
size.
7.5 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 2107 Bell Cheer Drive (Lots 1 and 2, Pleasant Ridge Estates, in Section
24, Township 29 South, Range 15 East); and pass Ordinances 8616-14, 8617-14 and
8618-14 on first reading. (ANX2014-09017)
This voluntary annexation petition involves a 0.454-acre property consisting of
one parcel of land occupied by a single-family dwelling. It is located on the
south side of Bell Cheer Drive, approximately 1,200 feet west of South Belcher
Road. 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 Belcher Area Sanitary Sewer System Extension
Project Area. The property is contiguous to the existing City boundary to the
south. 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 will connect to the City's sanitary sewer service when it is
available, and is aware of the fee that must be paid in order to connect
and the financial incentives available. The property is located within
Police District II and service will be administered through the district
headquarters located at 2851 North McMullen Booth Road. Fire and
emergency medical services will be provided to this property by Station
49 located at 565 Sky Harbor Drive. The City has adequate capacity to
serve this property with sanitary sewer, solid waste, police, fire and
EMS service. The proposed annexation will not have an adverse effect
on public facilities and their levels of service; and
• The proposed annexation is consistent with and promotes the following
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.
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City of Clearwater
Council Work Session Meeting Minutes November 17, 2014
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 five 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 complies with 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 the existing City
boundary to the south; therefore, the annexation is consistent with
Florida Statutes Chapter 171.044.
7.6 Approve a Development Agreement between Bayway Hotel Holdings, LLC. (the
property owner) and the City of Clearwater, providing for the allocation of 15 units
from the Hotel Density Reserve under Beach by Design; adopt Resolution 14-35, and
authorize the appropriate officials to execute same. (HDA2014-08006)
Development Proposal:
No changes have been made to the Development Proposal presented at the
November 6, 2014 Council meeting.
The owners propose to utilize the otherwise permitted density of 50 units per
acre or 17 units and incorporate an additional 15 units from the Hotel Density
Reserve through Beach by Design resulting in a total of 32 units (92 units per
acre).
Consistency with the Community Development Code:
No changes have been made to the Conceptual Site Plan presented at the
November 6, 2014 Council meeting. The Conceptual Site Plan continues to
appear to be consistent with the CDC with regard to:
• Minimum Lot Area and Width
• Minimum Setbacks
• Maximum Height
• Minimum Off-Street Parking
• Landscaping
Consistency with Beach by Design:
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City of Clearwater
Council Work Session Meeting Minutes November 17, 2014
No changes have been made to the Conceptual Site Plan presented at the
November 6, 2014 Council meeting. The Conceptual Site Plan continues to
appear to be consistent with the Beach by Design with regard to:
• Design Guidelines
• Hotel Density Reserve
Standards for Development Agreements:
The proposal is in compliance with the standards for development agreements,
is consistent with the Comprehensive Plan and furthers the vision of beach
redevelopment set forth in Beach by Design. The proposed Development
Agreement will be in effect for a period not to exceed ten years, meets the
criteria for the allocation of rooms from the Hotel Density Reserve under Beach
by Design and includes the following main provisions:
• Provides for the allocation of up to 15 units from the Hotel Density Reserve
or a maximum density of 92 units per acre;
• Requires the developer to obtain building permits and certificates of
occupancy in accordance with (CDC) Section 4-407;
• Requires the return of any hotel unit obtained from the Hotel Density
Reserve that is not constructed;
• For units allocated from the Hotel Density Reserve, prohibits the
conversion of any hotel unit to a residential use and requires the recording
of a covenant restricting use of such hotel units to overnight
accommodation usage; and
• Requires a legally enforceable mandatory evacuation/closure covenant that
the hotel will be closed as soon as practicable after a hurricane watch that
includes Clearwater Beach is posted by the National Hurricane Center.
Changes to Development Agreements:
Pursuant to Section 4-606.1., CDC, a Development Agreement may be
amended by mutual consent of the parties, provided the notice and public
hearing requirements of Section 4-206 are followed. Revisions to conceptual
site plans and/or architectural elevations attached as exhibits to this
Development Agreement shall be governed by the provisions of Section 4-406,
CDC. Minor revisions to such plans may be approved by the Community
Development Coordinator. Other revisions not specified as minor shall require
an amendment to this Development Agreement.
The Planning and Development Department is recommending approval of this
Development Agreement for the allocation of up to 15 units from the Hotel
Density Reserve under Beach by Design.
7.7 Approve a Development Agreement between Elias Anastasopoulos and Anastasios
Anastasopoulos (the property owners), Captain Bligh's Landing, Inc. (the Developer)
and the City of Clearwater, providing for the allocation of 100 units from the Hotel
Density Reserve under Beach by Design; adopt Resolution 14-36, and authorize the
appropriate officials to execute same. (HDA2014-08007)
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City of Clearwater
Council Work Session Meeting Minutes November 17, 2014
Development Proposal:
No changes have been made to the Development Proposal presented at the
November 6, 2014 Council meeting.
The owners propose to utilize the otherwise permitted density of 50 units per
acre or 59 units and incorporate an additional 100 units from the Hotel Density
Reserve through Beach by Design resulting in a total of 159 units (134 units
per acre).
Consistency with the Community Development Code:
No changes have been made to the Conceptual Site Plan presented at the
November 6, 2014 Council meeting. The Conceptual Site Plan continues to
appear to be consistent with the CDC with regard to:
• Minimum Lot Area and Width
• Minimum Setbacks
• Maximum Height
• Minimum Off-Street Parking
• Landscaping
Consistency with Beach by Design:
No changes have been made to the Conceptual Site Plan presented at the
November 6, 2014 Council meeting. The Conceptual Site Plan continues to
appear to be consistent with the Beach by Design with regard to:
• Design Guidelines
• Hotel Density Reserve
Standards for Development Agreements:
The proposal is in compliance with the standards for development agreements,
is consistent with the Comprehensive Plan and furthers the vision of beach
redevelopment set forth in Beach by Design. The proposed Development
Agreement will be in effect for a period not to exceed ten years, meets the
criteria for the allocation of rooms from the Hotel Density Reserve under Beach
by Design and includes the following main provisions:
• Provides for the allocation of up to 100 units from the Hotel Density
Reserve or a maximum density of 134 units per acre;
• Requires the developer to obtain building permits and certificates of
occupancy in accordance with (CDC) Section 4-407;
• Requires the return of any hotel unit obtained from the Hotel Density
Reserve that is not constructed;
• For units allocated from the Hotel Density Reserve, prohibits the
conversion of any hotel unit to a residential use and requires the recording
of a covenant restricting use of such hotel units to overnight
accommodation usage; and
• Requires a legally enforceable mandatory evacuation/closure covenant that
the hotel will be closed as soon as practicable after a hurricane watch that
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City of Clearwater
Council Work Session Meeting Minutes November 17, 2014
includes Clearwater Beach is posted by the National Hurricane Center.
Changes to Development Agreements:
Pursuant to Section 4-606.1., CDC, a Development Agreement may be
amended by mutual consent of the parties, provided the notice and public
hearing requirements of Section 4-206 are followed. Revisions to conceptual
site plans and/or architectural elevations attached as exhibits to this
Development Agreement shall be governed by the provisions of Section 4-406,
CDC. Minor revisions to such plans may be approved by the Community
Development Coordinator. Other revisions not specified as minor shall require
an amendment to this Development Agreement.
The Planning and Development Department is recommending approval of this
Development Agreement for the allocation of up to 100 units from the Hotel
Density Reserve under Beach by Design.
8. Official Records and Legislative Services
8.1 Amend City Council Policies 23A, 24F, and 28B and add policy L26.
Staff is recommending changes to the following areas:
1) Application Fee Waivers (23A) -Added Skye Lane Properties, LLC.
Waived permit, application, inspection, and other fees via Resolution
14-03.
2) Stationery (24F) - In addition to traditional letterhead, Public
Communications has designed digital letterhead template for city
departments. The policy has been amended to read: The City shall have
one form of ... ,letterhead designed by Public Communications on
which the City seal will be imprinted. Paper stock will be recyclable.
Other forms in supply will be allowed to be used until said supply is
depleted.
3) Subdivision Monuments (28B) - The policy has been amended to provide
owners of existing entranceway features occupying public property the
option to execute a Right of Way Beautification Revocable License
Agreement with the City. Policy 28B reads as follows: New entranceway
landscaping, monuments, signage, and walls shall not be allowed within
the public rights-of-way of the City of Clearwater. Such special
treatments are to be upon private property and in accordance with all
applicable codes and regulations. The owners of all existing
entranceway features occupying public property are have the option to
execute an agreement a Right of Way (ROW) Beautification Revocable
License Agreement with the City of Clearwater wherein owners agree to
keep all features in good repair, including signs, monuments,
landscaping, irrigation systems, flag poles, etc. hold the City harmless
for any liability arising from the use of the p bli^ right_nf_way, and
provide a $500,000 liability insuranGe . Upon failure of the owners
to execute such agreement and provide the required i li^�i
after forty five frn written nGtT or by tagging the str —h°n
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City of Clearwater
Council Work Session Meeting Minutes November 17, 2014
e w neFS Gannet be determined or upon failure of the owners to repair or
maintain any feature of the site which has fallen in disrepair after sirn+4a
notice, the P bliG Works Parks and Recreation Department is to remove
all such materials with the exception of trees and grass occupying the
public right-of-way.
Staff is also recommending adding the following policy:
Courtney Campbell Parkway (State Road 60)Welcome Signage Program
(1-26) - Policy establishes guidelines for individuals or organizations
requesting placement of a welcome sign to recognize a national or
international accomplishment, or a significant historical event in
Clearwater. Policy L26 reads as follows: Welcome signs are intended to
greet visitors to Clearwater and share accomplishments of national or
international significance (awards) or significant historical events that have
been a part of the City of Clearwater.
Florida Department of Transportation (FDOT) has permitted two welcome
signs to be installed by the City on FDOT right-of-way on the north side of
Courtney Campbell Parkway (State Road 60): 1) a general welcome to
City of Clearwater sign, and 2) a sign dedicated to recognizing a special
award of national or international significance or a Clearwater historical
event.
The installation of a welcome sign will be processed in accordance with
the following:
• Requests for a welcome sign shall be submitted in writing to the
Parks and Recreation Department by filling out a Courtney
Campbell Parkway (State Road 60)Welcome Signage Program
Application. The form is available online at
www.myclearwater.com <http://www.myclearwater.com>, or by
calling the Parks and Recreation Department.
• The award to be recognized by the welcome sign must be of
national or international significance.
► Accomplishment of national or international significance
is an achievement or completion of an award granted
to an organization or to the City in recognition of being
the best in the entire nation or the best involving two or
more countries that promote and enhance the image of
Clearwater.
► Significant Clearwater historical events are defined as
events that are unique to Clearwater and add to the
overall understanding of the City and its history.
• If approved, a welcome sign may be allowed for a period not to
exceed two years.
• Requests for a welcome sign may be made by a group or an
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City of Clearwater
Council Work Session Meeting Minutes November 17, 2014
individual, however written approval to use the event or award to
be recognized must be secured from the governing body being
represented. In cases where the request is for a group or
organization no longer in existence but historically significant to
the City no approval is necessary.
• Welcome signs, if approved, will be designed, constructed and
installed by the Parks and Recreation Department. Requesting
group is responsible to reimburse the City for all direct expenses
(approximately $1,000 - $2,000).
• The City Council must approve all welcome sign application
requests.
• The Courtney Campbell Parkway (State Road 60) Welcome
Signage Program is dependent on continued permitted
approvals given by FDOT. If for some reason FDOT does not
approve permitting the welcome signs, this policy becomes void
and any existing signage would be removed.
The Parks and Recreation Department is responsible for the
coordination of the Courtney Campbell Parkway (State Road 60)
Welcome Signage Program.
Staff was directed to place Item 8.1 on the Consent Agenda.
8.2 Approve 2015 Council Meeting Schedule.
Generally, City Council meetings are at 6:00 p.m. on the first and third
Thursday of each month. The accompanying work sessions are at 1:00 p.m.
on the preceding Monday, unless the Monday is a holiday, in which case the
work session is on Tuesday.
Per Council Rules, no meetings are held the first Thursday in January or in
July.
The County's Budget calendar for 2015 is not known at this time. Once the
Budget Manager receives this information, adjustment of the September
meetings will be requested if needed.
Please note the following exceptions:
• The February 16 work session has been moved to Tuesday, February
17 due to Presidents' Day.
• The June 4 council meeting has been moved to Wednesday, June 3
due to Clearwater High School Graduation.
• The October 15 council meeting has been moved to Wednesday,
October 14 due to Jazz Holiday.
Direction is needed on the following:
• In 2015, Rosh Hashanah will begin Sunday, September 13 at sundown
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City of Clearwater
Council Work Session Meeting Minutes November 17, 2014
through the evening of Tuesday, September 15. Council may
reschedule the work session to Wednesday, September 16 or hold a
council meeting only (no work session) on Thursday, September 17.
Staff was directed to confirm dates for the Florida League of Cities'Legislative
Conference in 2015.
8.3 Discuss Charter Review (WSO)
The Clearwater City Charter requires a charter review committee be appointed
at least every five years, with appointments made in January of a year
preceding an election. The charter requires there be at least 10 members, all
of whom must be Clearwater residents. The committee typically meets once
to twice a month from January to November, reviews every provision of the
charter, and focuses on areas identified by staff or Council. Committee
appointments will be made in January.
At the time of appointment, council provides direction to the committee
regarding items council would like to consider.
9. Legal
9.1 Authorize settlement of Szlechta, et al., d/b/a Tropical Sky Ranch Hotel v. City of
Clearwater, Case No. 08-16343-C-15, and City v. Atkins North America, Inc. f/k/a/
Post, Buckley, Schuh and Jernigan, Inc., Case No. 09-21391-CI-015. (consent)
This case arises from incidents connected with the redesign and construction
of Coronado Drive on Clearwater Beach. As a result of that redesign and the
construction, several property owners/businesses whose property fronted on
Coronado Drive brought inverse condemnation actions against the City. The
City, in turn, brought an action against Atkins, f/k/a Post Buckley Shuh and
Jernigan, the City's design engineers, for alleged defects in the design of the
project.
One of the cases was settled at mediation and three of the cases were tried
before a circuit judge. The trials resulted in a finding that no encroachment or
taking occurred in one of the cases and de minimis encroachments occurred in
the other two cases.
In August 2014, Szlechta, the last remaining case involving a taking, was
mediated in an attempt to resolve all outstanding claims and any damages,
costs and fees to which the plaintiffs were entitled. A settlement was tentatively
reached wherein the City would pay plaintiff$25,000 and Atkins would pay the
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City of Clearwater
Council Work Session Meeting Minutes November 17, 2014
plaintiff and their attorneys $100,000. This would resolve all outstanding
claims the plaintiff has or may have against the City and all claims the City may
have against Atkins.
This settlement agreement would provide that the plaintiffs provide the City
with full releases of all claims, and that the City would provide Atkins with a full
release of all claims. All pending cases between the parties would be
dismissed with prejudice.
APPROPRIATION CODE AND AMOUNT:
Not to exceed $25,000.00
Account 0-010-07000-534000-519-000-0000
USE OF RESERVE FUNDS:
Funding for this settlement will be provided by a first quarter budget
amendment allocating General Fund reserves in the amount of$25,000 to cost
code 010-07000-534000-519. The balance in General Fund reserves is
approximately $17.9 million, or 15.3% of the 2014/15 General Fund operating
budget. A total of$1,126,214 of General Fund reserves has been used to date
to fund expenditures in the 2014/15 operating budget.
9.2 Authorize stipulation at trial of Smith v. City of Clearwater, Case No.
12-009291-CI-021, for payment by City of an amount corresponding to its percentage
of negligence as arrived at in the jury's verdict. (consent)
This case arises from an incident that occurred on October 11, 2009 at the
intersection of Mandalay Avenue and Rockaway Street, Clearwater, Florida.
While crossing Rockaway St., Sheila Smith stepped off the curb over the
storm-drain and suffered serious injuries to her ankle. Her injuries have
required multiple surgeries.
Authorization is sought to enter into a stipulation whereby the parties agree
that, following a trial on liability, the City would pay to plaintiff a percentage of
$100,000 that corresponds to the amount of negligence, if any, that the jury
apportions to the City. For example, if the jury apportions negligence to the
City in the amount of 80%, the City would pay $80,000. If the jury apportions
negligence to the City in the amount of 20%, the City would pay $20,000. The
plaintiff has agreed to this stipulation.
APPROPRIATION CODE AND AMOUNT:
Not to exceed $100,000.00 0-590-07000-545900-519-000-0000
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City of Clearwater
Council Work Session Meeting Minutes November 17, 2014
9.3 Authorize settlement of Gordon v. City of Clearwater, Case No. 14-001258-CI, for
payment by City of$50,000.00 in exchange for a full release from plaintiff and
dismissal of action with prejudice. (consent)
This case arises from an incident that occurred on July 15, 2013 at the
intersection of Douglas Avenue and Overbrook, Clearwater, Florida. A city
vehicle being driven by a city employee struck a vehicle in which Marquis
Gordon was a passenger. The vehicle in which Mr. Gordon was travelling had
the right-of-way.
The settlement agreement would provide that the City would pay Marquis
Gordon the sum of$50,000 in exchange for full release of all claims and
dismissal of the case with prejudice.
APPROPRIATION CODE AND AMOUNT:
Not to exceed $50,000.00 0-590-07000-545900-519-000-0000
9.4 Authorize use of City Seal for commemorative Centennial coins and other Centennial
products. (consent)
The Centennial Committee would like to order commemorative coins for
Councilmembers, the City Manager, Assistant City Managers, and City
Attorney to give out as commemorative tokens for the Centennial.
The Committee would like to use the City Seal on one side of the coins, and
the Code of Ordinances requires that in order to use the City Seal, one of the
two following criteria must be met:
1) The officers and employees of the city in connection with the
performance of their official duties; or
2) Such person shall have first obtained the written permission of the
city council.
The Committee is requesting that Council approve Centennial-related
commemorative items as official duties for the purposes of this ordinance.
10. City Manager Verbal Reports — None.
11. City Attorney Verbal Reports — None.
12. Council Discussion Item
12.1 Council Effectiveness Workshop
The Institute of Government (IOG) at the University of South Florida has
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City of Clearwater
Council Work Session Meeting Minutes November 17, 2014
submitted a proposal to facilitate a Council Effectiveness Workshop for the City
of Clearwater.
The proposal has been drafted by Marilyn Crotty, Executive Director of the IOG
at the University of Central Florida, based on her extensive career working with
state and local agencies, special districts and non-profits in Florida. There are
five Florida IOG university locations with a mission to provide organizational
development and training to equip local officials with tools to better serve their
communities.
The Clearwater proposal is drafted to focus the workshop on the
communication, decision-making and performance of highly effective Councils.
If approved, Ms. Crotty will work with the City to finalize the agenda and
schedule. Ms. Crotty has offered a number of possible dates in December and
January for the proposed 4-hour training series.
If Council agrees to proceed, Ms. Crotty will work with IOG at USF (West
Florida's office) to finalize the proposal scope and cost for the workshop. The
cost is expected to be within the City Manager's purchasing authority.
In response to a question, Assistant City Manager Jill Silverboard said the
estimated cost for the workshop is approximately$5,000.
Support was expressed to schedule workshop.
Staff was directed to confirm Ms. Crotty's availability on December 16, 2014,
from 10:00 a.m. to 2:00 p.m.
12.2Parks and Recreation Fees for Disabled Veterans - Mayor Cretekos
Mayor Cretekos said Council received a copy of a letter from a veteran
seeking access to the therapy pool at the Long Center. He requested
consideration to offer a non-resident veteran a discount based on their service
connected disability ranking. For instance, if the individual has a 100%
disabled ranking, the City would provide a 100% reduction to the non-resident
fee.
In response to questions, Parks and Recreation Director Kevin Dunbar said
the City does not have a reciprocal arrangement with the City of Dunedin. Per
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City of Clearwater
Council Work Session Meeting Minutes November 17, 2014
city policy, non-residents must pay the resident rate plus the non-resident
recreation card fee. Active military and their families pay the resident fee.
There was consensus to pursue implementing a discount to the non-resident
recreation fee for non-resident veterans based on their service connected
disability ranking.
12.313Iast Friday CRA Funding Follow-Up Comments - Councilmember Jonson
Item ruled out of order and pulled.
12.413elcher Rd/SR60 County Improvements Priority in MPO LRTP - Councilmember
Jonson
Councilmember Jonson said the Vice Mayor led an effort requesting the
County to move up the improvements but current plan still schedules the
improvements for 203112041 period. Councilmember Jonson requested
consideration for Council to take further action.
Vice Mayor Hock-DiPolito said staff has spoken with the County Engineering
Department regarding the improvements and how they remain a priority and
are acting accordingly. Gulf to Bay Boulevard(SR60) has been improved to its
maximum capacity.
There was no consensus for further action.
The Council recessed from 3:08 p.m. to 3:13 p.m.
13. New Business (items not on the agenda may be brought up asking they be
scheduled for subsequent meetings or work sessions in accordance with Rule 1,
Paragraph 2).
Councilmember Jonson requested that a discussion regarding the
Streetsense recommendations be placed on the next work session agenda.
He requested staff contact Sandra Lythe of the Hispanic Outreach Center
regarding a presentation on program status and challenges.
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City of Clearwater
Council Work Session Meeting Minutes November 17, 2014
14. Closing Comments by Mayor
Mayor reminded all that the council meeting on Thursday begins at 6:30 p.m.
15. Adjourn
The meeting adjourned at 3:16 p.m.
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City of Clearwater