04/19/2007
CITY COUNCIL MEETING MINUTES
CITY OF CLEARWATER
April 19, 2007
Present: Frank Hibbard Mayor
John Doran Vice-Mayor
Carlen Petersen Councilmember
George N. Cretekos Councilmember
Paul Gibson Councilmember
Also present: William B. Horne II City Manager
Garry Brumback Assistant City Manager
Rod Irwin Assistant City Manager
Pamela K. Akin City Attorney
Cynthia E. Goudeau City Clerk
Patricia O. Sullivan Board Reporter
The Mayor called the meeting to order at 6:00 p.m. at City Hall. The invocation was
offered by Asst. Pastor Thomas Jones from Flowing River Church. The Mayor led the Pledge of
Allegiance.
To provide continuity for research, items are in agenda order although not
necessarily discussed in that order.
4 - Presentations:
4.1 Florida Orchestra - Leonard Stone & James Gillespie
James Gillespie, of the Florida Orchestra, thanked the City for past support and
requested continuation of City’s $50,000 annual donation.
4.2 Neighborhood and Home of the Quarter, Business Beautification Award and Neighborhood
and Home of the Year Awards
The Neighborhood of the Year Award was presented to the Spring Lake neighborhood.
The Home of the Year Award was presented to Mark Mandus, 3315 San Gabriel Street.
The Spring 2007 Business Beautification Award was presented to Bellissima Salon &
Spa.
The Spring 2007 Neighborhood of the Quarter Award was presented to the Coachman
Ridge Homeowners Association.
The Spring 2007 Home of the Quarter awards were presented to: 1) Douglas Schanck,
2024 Diplomat Drive; 2) Joseph Miani, 3206 San Carlos Street; 3) Allen and Rosemarie
Wellbrock, 2129 McKinley Street; and 4) Ross and Florence Concklin, 917 Bruce Avenue.
4.3 Proclamation: Bike to Work Week - May 14 – 18, 2007
Council 2007-04-19 1
4.4 Proclamation: National Bike Month – May 2007
5 - Approval of Minutes
5.1 City Council – April 4, 2007
Councilmember Petersen moved to approve the minutes of the April 4, 2007, as
recorded and submitted in written summation by the City Clerk to each Councilmember. The
motioncarried
was duly seconded and unanimously.
6 - Citizens to be Heard re Items Not on the Agenda
Joanna Siskind said the movie in the park event at Crest Lake Park was a great event,
well worth the cost. The recently formed East Gateway Coalition looks forward to partnering
with the City.
Paul Clayman expressed concern that City resources are wasted when firefighters go in
groups and use expensive fire equipment to go grocery shopping.
Joe Evich recommended the City reevaluate availability fees and how costs are
distributed among reclaimed water projects.
Eva Kunowska complained regarding curbs on Coronado blocking access to parking at
her motel.
Public Hearings - Not before 6:00 p.m.
7 - Administrative Public Hearings
7.1 Declare lots 11-16, inclusive; Block 2, Lake Belleview Addition as surplus for the purpose of
offering for sale for minimum bid amount of $270,000 by Invitation For Bid 17-07.
The City acquired the subject lots, located in the 700 block of Lakeview Avenue, on
October 17, 1973, for the sum of $43,000 plus $599.05 in transaction closing expenses. The
property was purchased in anticipation of the future extension of Myrtle Avenue south of
Lakeview Avenue. The project was abandoned when it later was determined the proposed
roadway extension would severely impact environmentally sensitive wetlands.
Appraisal Associates of Tampa Bay appraised the lots on February 9, 2007. The
appraiser concluded the highest and best use of the lots is as a single 150 feet by 100 feet
development site within the City's Commercial zoning district. As such, the appraiser estimates
the parcel's current market value at $270,000.
Upon being declared surplus the lands will be advertised for bid by Invitation For Bid 17-
07 in compliance with the City Charter and City purchasing regulations. Subject to Council
approval, a purchase contract will be negotiated with the highest responsible bidder complying
with bid requirements.
Council 2007-04-19 2
Councilmember Cretekos moved to declare lots 11-16, inclusive; Block 2, Lake
Belleview Addition as surplus for the purpose of offering for sale for minimum bid amount of
motion carried
$270,000 by Invitation For Bid 17-07. The was duly seconded and
unanimously.
7.2 Approve the applicants' request to vacate the easterly 15 feet of 66th Street North lying
along the west property lines of Lots 11 through 20, Wynwood Landings Subdivision, (a.k.a.
3330 through 3384 Lake Shore Lane), as more particularly described in the ordinance, subject
to the retention of a drainage and utility easement over the full width of the right-of-way to be
vacated, and pass Ordinance 7798-07 on first reading. (VAC2007-03 Norris, Johnson, et al)
The property owners propose to install fencing within the vacated street portion. The
retention of the drainage and utility easement will preclude the installation of other structures in
the vacated right-of-way. Presently the west 33 feet of this part of 66th Street North is located in
unincorporated Pinellas County and the east 30 feet is located within Clearwater city limits. The
th
existing pavement of 66 Street North is located entirely within the unincorporated portion of the
right-of-way, except where the pavement turns to the southeast behind the most southerly lot.
Pinellas County has no objection to the vacation request so long as no portion of the
right-of-way located within 15 feet of the existing pavement is vacated. As a result, the
applicants are seeking vacation of the portion of the right-of-way of 66th Street North that lies at
least 15 feet east of the edge of pavement.
Verizon, Bright House Cable, Progress Energy and Knology have no objections to the
vacation request provided that a drainage and utility easement is retained. Engineering has no
objections to the vacation request provided a drainage and utility easement is retained over the
full width of the right-of-way to be vacated.
Assistant Engineering Director Scott Rice stated opposition to the request is due to
drainage issues related to the swale and that trees will be removed. Mr. Rice said any tree
removal would require a permit.
The reason this request has come forward is the County no longer maintains the subject
property and the City notified the property owners that maintenance had become their
responsibility.
Doug Norris, Woodlawn resident, said plans are to improve the appearance of the area
and do not include removal of any trees.
Councilmember Gibson moved to approve the applicants' request to vacate the easterly
15 feet of 66th Street North lying along the west property lines of Lots 11 through 20, Wynwood
Landings Subdivision, (a.k.a. 3330 through 3384 Lake Shore Lane), as more particularly
described in the ordinance, subject to the retention of a drainage and utility easement over the
motion carried
full width of the right-of-way to be vacated. The was duly seconded and
unanimously.
Ordinance 7798-07 was presented for first reading and read by title only.
Councilmember Petersen moved to pass Ordinance 7798-07 on first reading. The motion was
duly seconded and upon roll call, the vote was:
Council 2007-04-19 3
"Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard.
"Nays": None.
7.3 Approve the Annexation, Initial Land Use Plan Designation of Residential / Office General
(R/OG) and Initial Zoning Atlas Designation of Office (O) District for 222 North Belcher Road
(Lot 1, Pine Dell in Sec. 12-29-15); and Pass Ordinances 7746-07, 7747-07 and 7748-07 on first
reading.
This voluntary annexation petition involves a 0.152-acre property consisting of one
parcel of land occupied by a single-family dwelling converted to an office use. It is located on
the northwest corner of North Belcher Road and Dell Avenue. The applicant is requesting this
annexation in order to receive sanitary sewer and solid waste service from the City. The
Planning Department is requesting that the 0.23-acre of abutting Belcher Road 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, south and west. It is proposed that the property be assigned a Future Land Use
Plan designation of Residential/Office General (R/OG) and a zoning category of Office (O). The
Planning Department determined that the proposed annexation is consistent with the provisions
of Community Development Code Section 4-604.F and Pinellas County Ordinance 00-63 as
follows: 1) The closest sanitary sewer line is located in a utility easement along the Dell Avenue
frontage of the property and the applicant has paid the City's sewer impact and assessment
fees and is aware of the additional costs to extend City sewer service to this property; 2)
Collection of solid waste will be provided by the City of Clearwater; 3) The property is located
within Police District III and service will be administered through the district headquarters
located at 2851 N. McMullen-Booth Road; 4) Fire and emergency medical services will be
provided to this property by Station 48 located at 1700 N. Belcher Road; 5) The City has
adequate capacity to serve this property with sanitary sewer, solid waste, police, fire and EMS
service; 6) The proposed annexation will not have an adverse effect on public facilities and their
levels of service; and 7) The proposed annexation is consistent with and promotes the following
objective of the Clearwater Comprehensive Plan: Objective 2.4: - Compact urban development
within the urban service area shall be promoted through application of the Clearwater
Development Code.
The proposed R/OG Future Land Use Plan category is consistent with the current
Countywide Plan designation of this property. The R/OG designation primarily permits
residential and office uses at a density of 15 units per acre or office uses where the floor area
ratio (FAR) does not exceed .50, nor the impervious surface ratio (ISR) of .75. The proposed
zoning district to be assigned to the property is the Office (O) District. The use of the subject
property is consistent with the uses allowed in the O District, however the property does not
meet the minimum dimensional requirements. The minimum dimensional requirements for the
O District is 10,000 square-feet. The subject property is 7,700 square-feet in area, and
therefore it is nonconforming. The applicant is aware that no further expansion of the building
will be permitted. The proposed annexation is consistent with the Countywide Plan, City’s
Comprehensive Plan and Community Development Code; and The property proposed for
annexation is located within an enclave, is contiguous to existing municipal boundaries and is
within the City’s urban service area; therefore the annexation is consistent with Section 6(1)(a)
Council 2007-04-19 4
of Pinellas County Ordinance 00-63 which governs annexation and meets the applicable
requirements of Florida Statutes 171. The Pinellas Planning Council (PPC) staff has reviewed
this annexation and no objections were raised.
Councilmember Doran moved to approve the Annexation, Initial Land Use Plan
Designation of Residential/ Office General (R/OG) and Initial Zoning Atlas Designation of Office
motion
(O) District for 222 North Belcher Road (Lot 1, Pine Dell in Sec. 12-29-15). The was
carried
duly seconded and unanimously.
Ordinance 7746-07 was presented for first reading and read by title only.
Councilmember Cretekos moved to pass Ordinance 7746-07 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard.
"Nays": None.
Ordinance 7747-07 was presented for first reading and read by title only.
Councilmember Gibson moved to pass Ordinance 7747-07 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard.
"Nays": None.
Ordinance 7748-07 was presented for first reading and read by title only.
Councilmember Petersen moved to pass Ordinance 7748-07 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard.
"Nays": None.
7.4 Approve the Annexation, Initial Land Use Plan Designation of Residential Suburban (RS)
and Initial Zoning Atlas Designation of Low Density Residential (LDR) District for 1970 Abbey
Lake Road and 1990 Abbey Lake Road (Consisting of a portion of Sec. 5-29-16 East, Metes
and Bounds 14/01 and 14/02) and Pass Ordinances 7795-07, 7796-07, and 7797-07 on first
reading. (ANX2007-01001 and ANX2007-01002)
This voluntary annexation request includes two adjacent properties totaling 5.15 acres in
area. The properties are located on the west side of Abbey Lake Road, across from the
intersection of Abbey Lake Road and Homestead Court and are occupied by single-family
dwellings. It is proposed that the abutting Abbey Lake Road right-of-way not currently within the
City limits also be annexed in conjunction with this request. The applicants are requesting this
annexation in order to receive sanitary sewer and solid waste service from the City. The
properties are located within the Clearwater Planning Area and are contiguous to existing City
boundaries to the south and east. It is proposed that the properties be assigned a Future Land
Use Plan designation of Residential Suburban (RS) and a zoning category of Low Density
Residential (LDR).
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The Planning Department determined that the proposed annexation is consistent with
the provisions of Community Development Code Section 4-604.F and Pinellas County
Ordinance 00-63 as follows: 1) The closest sanitary sewer line is located approximately 161 feet
east of the site in Homestead Court. The applicants are aware of the City's sewer impact and
assessment fees and additional costs to extend City sewer service to these properties; 2)
Collection of solid waste will be provided by the City of Clearwater; 3) The properties are located
within Police District III and service will be administered through the district headquarters
located at 2851 N. McMullen-Booth Road; 4) Fire and emergency medical services will be
provided to these properties by Station 50 located at 2681 Countryside Boulevard; 5) The City
has adequate capacity to serve the properties with sanitary sewer, solid waste, police, fire, and
EMS service; 6) The proposed annexation will not have an adverse effect on public facilities and
their levels of service; and 7) The proposed annexation is consistent with and promotes the
following objective of the Clearwater Comprehensive Plan: Objective 2.4: - Compact urban
development within the urban service area shall be promoted through application of the
Clearwater Development Code.
The proposed RS Future Land Use Plan category is consistent with the current
Countywide Plan designation of these properties. The RS designation primarily permits
residential uses at a density of 2.5 units per acre. The proposed zoning district to be assigned
is the Low Density Residential (LDR) District. The use of the subject properties is consistent
with the uses allowed in the LDR District and each property exceeds the LDR District’s minimum
dimensional requirements. The proposed annexation is therefore consistent with the
Countywide Plan, City’s Comprehensive Plan and Community Development Code; and The
properties proposed for annexation are contiguous to existing municipal boundaries and are
within the City’s urban service area; therefore the annexation is consistent with Section 6 (1)(a)
of Pinellas County Ordinance 00-63 which governs annexation, and meets the applicable
requirements of F.S. 171. The PPC staff has reviewed this annexation and no objections were
raised.
Representative Steve Williamson said plans for the site have not been determined.
Councilmember Doran moved to approve the Annexation, Initial Land Use Plan
Designation of Residential Suburban (RS) and Initial Zoning Atlas Designation of Low Density
Residential (LDR) District for 1970 Abbey Lake Road and 1990 Abbey Lake Road (Consisting of
motion
a portion of Sec. 5-29-16, Metes and Bounds 14/01 and 14/02). The was duly
carried
seconded and unanimously.
Ordinance 7795-07 was presented for first reading and read by title only.
Councilmember Cretekos moved to pass Ordinance 7795-07 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard.
"Nays": None.
Ordinance 7796-07 was presented for first reading and read by title only.
Councilmember Gibson moved to pass Ordinance 7796-07 on first reading. The motion was
duly seconded and upon roll call, the vote was:
Council 2007-04-19 6
"Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard.
"Nays": None.
Ordinance 7797-07 was presented for first reading and read by title only.
Councilmember Petersen moved to pass Ordinance 7797-07 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard.
"Nays": None.
7.5 Approve the Annexation, Initial Land Use Plan Designation of Residential Low (RL), and
Initial Zoning Atlas Designation of Low Medium Density Residential (LMDR) District for 1301
Fairfield Drive (Lot 42, Douglas Manor Park; Sec. 24-29-15); and Pass Ordinances 7805-07,
7806-07, and 7807-07 on first reading.
This voluntary annexation petition involves a 0.22-acre property consisting of one parcel
of land occupied by a single-family dwelling. It is located on the south side of Lakeview Road,
approximately 1,425 feet east of the intersection of Keene Road and Lakeview Road. The
applicant is requesting this annexation in order to receive sanitary sewer and solid waste
service from the City. The property is located within an enclave and is contiguous to existing
City boundaries to the north and east. It is proposed that the property be assigned a Future
Land Use Plan designation of Residential Low (RL) and a zoning category of Low Medium
Density Residential (LMDR).
The Planning Department determined that the proposed annexation is consistent with
the provisions of Community Development Code Section 4-604.F and Pinellas County
Ordinance 00-63 as follows: 1) The closest sanitary sewer line is located in the adjacent
Lakeview Road right-of-way and the applicant has paid the City's sewer impact and assessment
fees and is aware of the additional costs to extend City sewer service to this property; 2)
Collection of solid waste will be provided by the City of Clearwater; 3) The property is located
within Police District III and service will be administered through the district headquarters
located at 2851 N. McMullen-Booth Road; 4) Fire and emergency medical services will be
provided to this property by Station 47 located at 1460 Lakeview Road; 5) The City has
adequate capacity to serve this property with sanitary sewer, solid waste, police, fire and EMS
service; 6) The proposed annexation will not have an adverse effect on public facilities and their
levels of service; and 7) The proposed annexation is consistent with and promotes the following
objective of the Clearwater Comprehensive Plan: Objective 2.4: Compact urban development
within the urban service area shall be promoted through application of the Clearwater
Development Code.
The proposed RL Future Land Use Plan category is consistent with the current
Countywide Plan designation of this property. The 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 LMDR District and the property exceeds the
LMDR District’s minimum dimensional requirements. The proposed annexation is therefore
Council 2007-04-19 7
consistent with the Countywide Plan, City’s Comprehensive Plan and Community Development
Code; and The property proposed for annexation is located within an enclave, is contiguous to
existing municipal boundaries and is within the City’s urban service area; therefore the
annexation is consistent with Section (1)(a) of Pinellas County Ordinance 00-63 which governs
annexation, and meets the applicable requirements of F.S. 171. The PPC staff has reviewed
this annexation and no objections were raised.
Councilmember Doran moved to approve the Annexation, Initial Land Use Plan
Designation of Residential Low (RL), and Initial Zoning Atlas Designation of Low Medium
Density Residential (LMDR) District for 1301 Fairfield Drive (Lot 42, Douglas Manor Park; Sec,
motion carried
24-29-15). The was duly seconded and unanimously.
Ordinance 7805-07 was presented for first reading and read by title only.
Councilmember Cretekos moved to pass Ordinance 7805-07 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard.
"Nays": None.
Ordinance 7806-07 was presented for first reading and read by title only.
Councilmember Petersen moved to pass Ordinance 7806-07 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard.
"Nays": None.
Ordinance 7807-07 was presented for first reading and read by title only.
Councilmember Doran moved to pass Ordinance 7807-07 on first reading. The motion was duly
seconded and upon roll call, the vote was:
"Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard.
"Nays": None.
7.6 Approve the Annexation, Initial Land Use Plan Designation of Residential Urban (RU) and,
and Initial Zoning Atlas Designation of Low Medium Density Residential (LMDR) District for
1278 Sedeeva Circle North (Lot 1 and the east 40 feet of Lot 2, Floradel Subdivision; Sec. 03-
29-15); and Pass Ordinances 7808-07, 7809-07, and 7810-07 on first reading.
This voluntary annexation petition involves a 0.278-acre property consisting of one
parcel of land occupied by a single-family dwelling and 0.19-acre of abutting Betty Lane right-of-
way. It is located on the northwest corner of Sedeeva Circle North and Betty Lane. The
applicant is requesting this annexation in order to receive solid waste service from the City. The
property is located within the Clearwater Service Area and is contiguous to existing City
boundaries to the north. It is proposed that the property be assigned a Future Land Use Plan
designation of Residential Urban (RU) and a zoning category of Low Medium Density
Residential (LMDR).
Council 2007-04-19 8
The Planning Department determined that the proposed annexation is consistent with
the provisions of Community Development Code Section 4-604.F and Pinellas County
Ordinance 00-63 as follows: 1) Sanitary sewer service is not currently available in the area; 2)
Collection of solid waste will be provided by the City of Clearwater; 3) The property is located
within Police District II and service will be administered through the district headquarters located
at 645 Pierce Street; 4) Fire and emergency medical services will be provided to this property by
Station 51 located at 1720 Overbrook Avenue; 5) The City has adequate capacity to serve this
property with solid waste, police, fire and EMS service; 6) The proposed annexation will not
have an adverse effect on public facilities and their levels of service; and 7) The proposed
annexation is consistent with and promotes the following objective of the Clearwater
Comprehensive Plan: Objective 2.4: Compact urban development within the urban service area
shall be promoted through application of the Clearwater Development Code.
The proposed RU Future Land Use Plan category is consistent with the current
Countywide Plan designation of this property. The RU 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 LMDR District and the property exceeds the
LMDR District’s minimum dimensional requirements. The proposed annexation is therefore
consistent with the Countywide Plan, City’s Comprehensive Plan and Community Development
Code; and The property proposed for annexation is located within the Clearwater service area,
is contiguous to existing municipal boundaries and is within the City’s urban service area;
therefore the annexation is consistent with Section 6(1)(a) of Pinellas County Ordinance 00-63
which governs annexation, and meets the applicable requirements of F.S. 171. The PPC staff
has reviewed this annexation and no objections were raised.
Councilmember Cretekos moved to approve the Annexation, Initial Land Use Plan
Designation of Residential Urban (RU) and, and Initial Zoning Atlas Designation of Low Medium
Density Residential (LMDR) District for 1278 Sedeeva Circle North (Lot 1 and the east 40 feet of
motion carried
Lot 2, Floradel Subdivision; Sec. 03-29-15). The was duly seconded and
unanimously.
Ordinance 7808-07 was presented for first reading and read by title only.
Councilmember Gibson moved to pass Ordinance 7808-07 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard.
"Nays": None.
Ordinance 7809-07 was presented for first reading and read by title only.
Councilmember Petersen moved to pass Ordinance 7809-07 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard.
"Nays": None.
Council 2007-04-19 9
Ordinance 7810-07 was presented for first reading and read by title only.
Councilmember Doran moved to pass Ordinance 7810-07 on first reading. The motion was duly
seconded and upon roll call, the vote was:
"Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard.
"Nays": None.
7.7 Approve the Annexation, Initial Land Use Plan Designation of Residential Low (RL), and
Initial Zoning Atlas Designation of Low Medium Density Residential (LMDR) District for 1869
East Drive (Lot 1, Block A, Clearwater Highlands Unit A; Sec. 02-29-15); and Pass Ordinances
7811-07, 7812-07, and 7813-07 on first reading.
This voluntary annexation petition involves a 0.372-acre property consisting of one
parcel of land occupied by a single-family dwelling. It is located on the southeast corner of
Sunset Point Road and East Drive. The applicant is requesting this annexation in order to
receive sanitary sewer and solid waste service from the City. The property is located within an
enclave and is contiguous to existing City boundaries to the north, south, east and west. It is
proposed that the property be assigned a Future Land Use Plan designation of Residential Low
(RL) and a zoning category of Low Medium Density Residential (LMDR).
The Planning Department determined the proposed annexation is consistent with the
provisions of Community Development Code Section 4-604.F and Pinellas County Ordinance
00-63 as follows: 1) The closest sanitary sewer line is located in front of the property in the East
Drive right-of-way and the applicant has not paid the City's sewer impact and assessment fees
and is aware of the additional costs to extend City sewer service to this property; 2) Collection of
solid waste will be provided by the City of Clearwater; 3) The property is located within Police
District III and service will be administered through the district headquarters located at 2851 N.
McMullen-Booth Road; 4) Fire and emergency medical services will be provided to this property
by Station 48 located at 1700 N. Belcher Road; 5) The City has adequate capacity to serve this
property with sanitary sewer, solid waste, police, fire and EMS service; 6) The proposed
annexation will not have an adverse effect on public facilities and their levels of service; and 7)
The proposed annexation is consistent with and promotes the following objective of the
Clearwater Comprehensive Plan: Objective 2.4: Compact urban development within the urban
service area shall be promoted through application of the Clearwater Development Code.
The proposed RL Future Land Use Plan category is consistent with the current
Countywide Plan designation of this property. The RL designation primarily permits residential
uses at a density of 5 units per acre. The proposed zoning district to be assigned to the
property are the Low Medium Density Residential (LMDR) District. The use of the subject
property is consistent with the uses allowed in the LMDR District and the property exceeds the
LMDR District’s minimum dimensional requirements. The proposed annexation is therefore
consistent with the Countywide Plan, City’s Comprehensive Plan and Community Development
Code; and The property proposed for annexation is located within an enclave, is contiguous to
existing municipal boundaries and is within the City’s urban service area; therefore the
annexation is consistent with Section 6(1)(a) of Pinellas County Ordinance 00-63 which governs
annexation, and meets the applicable requirements of F.S. 171. The PPC staff has reviewed
this annexation and no objections were raised.
Council 2007-04-19 10
Councilmember Cretekos moved to approve the Annexation, Initial Land Use Plan
Designation of Residential Low (RL), and Initial Zoning Atlas Designation of Low Medium
Density Residential (LMDR) District for 1869 East Drive (Lot 1, Block A, Clearwater Highlands
Unit A; Sec. 02-29-15
Ordinance 7811-07 was presented for first reading and read by title only.
Councilmember Gibson moved to pass Ordinance 7811-07 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard.
"Nays": None.
Ordinance 7812-07 was presented for first reading and read by title only.
Councilmember Petersen moved to pass Ordinance 7812-07 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard.
"Nays": None.
Ordinance 7813-07 was presented for first reading and read by title only.
Councilmember Doran moved to pass Ordinance 7813-07 on first reading. The motion was duly
seconded and upon roll call, the vote was:
"Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard.
"Nays": None.
7.8 Approve the Annexation, Initial Land Use Plan Designation of Residential Urban (RU), and
Initial Zoning Atlas Designation of Low Medium Density Residential (LMDR) District for 1836
Pineland Drive (Lot 26, Block B, Harbor Vista and the east ½ of vacated playground lying west
of Lot 26, Block B, Harbor Vista; Sec. 03-29-15); and Pass Ordinances 7814-07, 7815-07, and
7816-07 on first reading.
This voluntary annexation petition involves a 0.170-acre property consisting of one
parcel of currently vacant land. It is located on the west side of Pineland Drive, approximately
90 feet north of Vista Way. The applicant is requesting this annexation in order to receive solid
waste service from the City. The property is located within the Clearwater Planning Boundary
and is contiguous to existing City boundaries to the east and south. It is proposed that the
property be assigned a Future Land Use Plan designation of Residential Urban (RU) and a
zoning category of Low Medium Density Residential (LMDR).
The Planning Department determined the proposed annexation is consistent with the
provisions of Community Development Code Section 4-604.F and Pinellas County Ordinance
00-63 as follows: 1) Sanitary sewer service is not currently available in this area; 2) Collection of
solid waste will be provided by the City of Clearwater; 3) The property is located within Police
District II and service will be administered through the district headquarters located at 645
Pierce Street; 4) Fire and emergency medical services will be provided to this property by
Council 2007-04-19 11
Station 51 located at 1720 Overbrook Avenue; 5) The City has adequate capacity to serve this
property with solid waste, police, fire and EMS service; 6) The proposed annexation will not
have an adverse effect on public facilities and their levels of service; and 7) The proposed
annexation is consistent with and promotes the following objective of the Clearwater
Comprehensive Plan: Objective 2.4: Compact urban development within the urban service area
shall be promoted through application of the Clearwater Development Code.
The proposed RU Future Land Use Plan category is consistent with the current
Countywide Plan designation of this property. The RU 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 LMDR District and the property exceeds the
LMDR District’s minimum dimensional requirements. The proposed annexation is therefore
consistent with the Countywide Plan, City’s Comprehensive Plan and Community Development
Code; and The property proposed for annexation is located within an enclave, is contiguous to
existing municipal boundaries and is within the City’s urban service area; therefore the
annexation is consistent with Section 6(1)(a) of Pinellas County Ordinance 00-63 which governs
annexation and meets the applicable requirements of Florida Statutes 171. The PPC staff has
reviewed this annexation and no objections were raised.
Councilmember Cretekos moved to approve the Annexation, Initial Land Use Plan
Designation of Residential Urban (RU), and Initial Zoning Atlas Designation of Low Medium
Density Residential (LMDR) District for 1836 Pineland Drive (Lot 26, Block B, Harbor Vista and
the east ½ of vacated playground lying west of Lot 26, Block B, Harbor Vista; Sec. 03-29-15).
motion carried
The was duly seconded and unanimously.
Ordinance 7814-07 was presented for first reading and read by title only.
Councilmember Gibson moved to pass Ordinance 7814-07 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard.
"Nays": None.
Ordinance 7815-07 was presented for first reading and read by title only.
Councilmember Petersen moved to pass Ordinance 7815-07 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard.
"Nays": None.
Ordinance 7816-07 was presented for first reading and read by title only.
Councilmember Doran moved to pass Ordinance 7816-07 on first reading. The motion was duly
seconded and upon roll call, the vote was:
"Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard.
"Nays": None.
Council 2007-04-19 12
8Second Readings - Public Hearing
-
8.1 Adopt Ordinance 7792-07 on second reading, annexing certain real property whose post
office address is 2115 Pleasant Parkway, into the corporate limits of the city and redefining the
boundary lines of the city to include said addition.
Ordinance 7792-07 was presented for second reading and read by title only.
Councilmember Cretekos moved to pass and adopt Ordinance 7792-07 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard.
"Nays": None.
8.2 Adopt Ordinance 7793-07 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 2115 Pleasant Parkway, upon annexation into the City of Clearwater, as
Residential Low and Preservation.
Ordinance 7793-07 was presented for second reading and read by title only.
Councilmember Gibson moved to pass and adopt Ordinance 7793-07 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard.
"Nays": None.
8.3 Adopt Ordinance 7794-07 on second reading, amending the Zoning Atlas of the city by
zoning certain real property whose post office address is 2115 Pleasant Parkway, upon
annexation into the City of Clearwater, as Low Medium Density Residential (LMDR) and
Preservation (P).
Ordinance 7794-07 was presented for second reading and read by title only.
Councilmember Petersen moved to pass and adopt Ordinance 7794-07 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard.
"Nays": None.
8.4 Adopt Ordinance 7803-07 on second reading, amending Ordinance 6779-01, as amended
by Ordinance 7350-04, and as amended by Ordinance 7400-05 and as amended by Ordinance
7599-06, vacating the 60 foot right-of-way of Third Street (AKA Third Avenue), bounded on the
east by the westerly right-of-way line of Coronado Drive and bounded on the west by the
easterly right-of-way line of South Gulfview Boulevard, subject to special conditions, amending
the special conditions.
Council 2007-04-19 13
Ordinance 7803-07 was presented for second reading and read by title only.
Councilmember Doran moved to pass and adopt Ordinance 7803-07 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard.
"Nays": None.
8.5 Adopt Ordinance 7804-07 on second reading, amending Ordinance 6780-01, as amended
by Ordinance 7351-04, and as amended by Ordinance 7401-05 and as amended by Ordinance
7600-06, vacating the east 35 feet of the 70 foot right-of-way sof Gulfview Boulevard, bounded
on the north by the westerly extension of a line parallel to and 20 feet north of the northerly lot
line of Lots 57 and 104 of Lloyd-White-Skinner Subdivision, as recorded in Plat Book 13, Page
12 of the public records of Pinellas County, Florida, and bounded on the south by the westerly
extension of the south lot line of Lot 59 of said Lloyd-White-Skinner Subdivision (AKA the south
lot line of the Beach Place Motel Condo, Plat Book 65, Page 13, of the public records of Pinellas
County, Florida), subject to special conditions, amending the special conditions.
Ordinance 7804-07 was presented for second reading and read by title only.
Councilmember Cretekos moved to pass and adopt Ordinance 7804-07 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard.
"Nays": None.
City Manager Reports
9 - Consent Agenda
- Approved as submitted.
9.1 Approve a donation to Clearwater Homeless Intervention Project, Inc. (CHIP) for funding of
operations in the amount of $100,000. (consent)
9.2 Appoint Todd Fontechia to the Airpark Advisory Board with the term expiring on April 30,
2011.
9.3 Approve a Contract (Blanket Purchase Order) for $2,200,000 to McMullen Oil Company, Inc.
of Clearwater, FL for the purchase of unleaded and diesel fuel for City Vehicles and authorize
the appropriate officials to execute same. (consent)
9.4 Approve a Contract Renewal with the State of Florida as a Third Party Administrator to
conduct driver license tests and authorize appropriate officials to execute same. (consent)
9.5 Approve settlement of the liability claim of Alfred Furtado for payment of $80,000. (consent)
9.6 Authorize the City Attorney to hire Jeffrey Hinds, Esq., to represent the City in inverse
condemnation litigation arising from the construction related to the "Beachwalk Project," in the
total estimated amount of up to $50,000. (consent)
Council 2007-04-19 14
9.7 Award a contract to Keystone Excavators, Bid 060-0061 PR, for $787,270, for the
construction of a portion of the Ream Wilson Clearwater Trail from the LonQ Center to the
BridQe connection at AlliQator Creek, on the southern most part of Northeast Coachman Park
and authorize the appropriate officials to execute same. (consent)
9.8 Approve a Contract For Sale of Real Property with Pinellas Habitat For Humanity, Inc.
("Habitat") to sell real property leQally described as Pennsylvania Subdivision, Lot 12, for the
sum of $30,000, and authorize appropriate officials to execute same, tOQether with related
instruments required to effect closinQ. (consent)
9.9 Award a contract to Phoenix Architectural Products, Inc., Atlanta, GeorQia, in the amount of
$577,554 for the purchase and installation of hurricane protection over the Qlass in the
Municipal Services BuildinQ and Countryside Library in accordance with Sec. 2.564(1)(d), Code
of Ordinances - Alachua County School Board Bid 05-06 and authorize the appropriate officials
to execute same; and authorizes a total project budQet of $620,000 to be funded from General
Fund retained earninQs, to provide for this contract as well as fundinQ for a structural
enQineerinQ study of the roof, walls, and floors of the MSB. (consent)
9.10 Award a Contract for $331 ,900 to Malcolm Pirnie, Inc. (EOR) and it's sub-consultant,
Jones, Edmonds & Associates, Inc. (EOR), to provide professional enQineerinQ services for the
Project ManaQement, Preliminary DesiQn Activities, DesiQn, PermittinQ and BiddinQ for the
uPQrade of the process air system at the Marshall Street APCF, and authorize the appropriate
officials to execute same. (consent)
9.11 Ratify and confirm a supplemental work order to McKim & Creed (EOR) of Clearwater, FL,
for additional Construction EnQineerinQ and Inspection services on the Northeast Filter and
Marshall Street Blower Motor Control Center Improvements Project (03-0066-UT) increasinQ the
purchase order amount by $59.478 for a new purchase order total of $226,878. (consent)
9.12 Renew the appointment of C.W. "Bill" Renfroe to the Board of Trustees, Clearwater Police
Supplementary Pension Plan. (consent)
9.13 Approve a work order to Advanced EnQineerinQ & DesiQn, Inc., EnQineer of Record, to
provide enQineerinQ desiQn and permittinQ services for the Tropic Hills Outfall Improvements
Project for the sum of $143,166.70 and authorize the appropriate officials to execute same.
( consent)
9.14 Recommend William Jonson be appointed as a Clearwater Representative to the
Metropolitan PlanninQ OrQanization's Citizen Advisory Committee.
Councilmember Doran moved to approve the Consent Agenda as submitted and that the
appropriate officials be authorized to execute same. The motion was duly seconded and
carried unanimously.
10 - Other items on City Manager Reports
10.1 Adopt Resolution 07-13 establishinQ the intent to reimburse certain Boat Slip project costs
incurred with proceeds of future tax-exempt financinQ.
Council 2007-04-19
15
The Boat Slip project was approved by a referendum on March 13, 2007. The project is
expected to cost approximately $11 million with $10.4 million to be funded with bond proceeds
and the remaining $600,000 to be funded from the Downtown Development Board
($50,000/year for 2 years) and the Community Redevelopment Agency ($500,000). It is
anticipated the bonds will be issued in the spring of 2008, however the exact date of issuance
will be determined at a later date based on market conditions. The Boat Slip Project will be
incurring expenses prior to the issuance of the bonds. This reimbursement resolution will allow
for the City to be reimbursed from the Bond proceeds.
Councilmember Petersen moved to establish the intent to reimburse certain Boat Slip
motion
project costs incurred with proceeds of future tax-exempt financing. The was duly
carried
seconded and unanimously.
Resolution 07-13 was presented and read by title only. Councilmember Doran moved to
pass and adopt Resolution 07-13 and authorize the appropriate officials to execute same. The
motion was duly seconded and upon roll call, the vote was:
"Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard.
"Nays": None.
10.2 Amend Chapter 32 as related to reclaimed water availability fee parameters and
exemptions for wells, lakes or pond irrigation systems in specified areas, and adding a rebate
and credits for well, lake and pond irrigation system abandonment for customers committing
during construction to using reclaimed water and pass Ordinance 7778-07 on first reading.
Lack of rainfall and the corresponding increased frequency of drought conditions has
prompted staff to seek alternative sources to meet the water needs of Clearwater’s citizens and
businesses. Using reclaimed water for irrigation, rather than the City’s precious potable water
or water from private wells, ponds or lakes will reduce demand for potable water and will allow
the surficial and Floridan aquifers to recharge.
Reducing the amount of potable water purchased from Pinellas County is another driving
factor in the reclaimed water initiative since purchased water costs more than the water the City
produces itself. The City’s current production levels are not able to keep up with potable
demand. As the use of reclaimed for irrigation increases, the City will increase its ability to meet
potable water demand with water that it produces itself.
The wastewater that Clearwater turns into reclaimed water is treated to a much higher
standard than in other municipalities, because at this point, the City still has the need to release
its excess reclaimed water into Tampa Bay. Expansion of reclaimed water used for irrigation
purposes will have a beneficial effect on the coastal environment, as the need for such releases
will be reduced.
In areas where reclaimed water expansion projects are completed or are under
construction, the owners of existing well, lake or pond irrigation systems not willing to abandon
the current system to use reclaimed water, will not be charged the availability fee for reclaimed
water. These areas are identified in the ordinance as projects named and boundaries defined
Council 2007-04-19 16
by construction co-funding agreements Clearwater has with SWFWMD (Southwest Florida
Water Management District).
Other provisions in the ordinance include incentives to connect to the reclaimed water
system during construction, and a rebate to reimburse homeowners for costs incurred in
abandoning well, lake or pond irrigation systems in order to receive reclaimed water for
irrigation. Owners of single-family homes in areas where reclaimed is being installed will have
the option of retaining their current irrigation systems (except potable), or to use reclaimed
water. Owners of commercial or multi-family buildings connecting to the reclaimed system may
keep an existing private well for emergency purposes, but must install the proper precautionary
interconnect device.
The costs associated with this item are not yet determined. Approximately $50,000 per
year is anticipated to cover the rebates for well, lake or pond irrigation system abandonment,
but no true figures can be established until after the project area is surveyed for customer
commitment to the reclaimed system. With lack of sufficient customer commitment according to
SWFWMD’s 50/50/50 Rule, the project will not be feasible and will be called off. Rebate
requests are not anticipated until some time after the beginning of FY (Fiscal Year) 2007/08. At
that time, an agenda item will be brought forward to establish the appropriate funding after the
Resource Management Committee approves the funding statement.
This Ordinance shall take effect immediately upon adoption.
Acting Utilities Director Tracy Mercer reviewed changes in the ordinance. The
exemption will expire when the property is sold. She said the rebate for abandoning wells will
be available whenever a property is connected to reclaimed water. The tap fee will be waived
only at the time of construction.
Discussion ensued. It was stated that a resident opposed the expiration of the
exemption when property is sold. Concern was expressed the expiration of the exemption was
not included in the package of information provided to neighborhoods. Assistant City Manager
Garry Brumback said that change was based on City Council input at Monday’s Work Session.
It was stated that Clearwater Customer Service has a mechanism in place to track expiration of
the exemption.
One resident expressed concern with neighborhoods not providing input regarding latest
changes. One resident thanked staff for their effort in addressing neighborhood concerns.
Councilmember Cretekos moved to amend Chapter 32 as related to reclaimed water
availability fee parameters and exemptions for wells, lakes or pond irrigation systems in
specified areas, and adding a rebate and credits for well, lake and pond irrigation system
abandonment for customers committing during construction to using reclaimed water. The
motion carried
was duly seconded and unanimously.
Ordinance 7778-07 was presented for first reading and read by title only.
Councilmember Gibson moved to pass Ordinance 7778-07 on first reading. The motion was
duly seconded and upon roll call, the vote was:
Council 2007-04-19 17
"Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard.
"Nays": None.
10.3 Amend Chapter 32 as related to watering restriction changes under a drought directive
from the Southwest Florida Water Management District and pass Ordinance 7802-07 on first
reading.
Due to the declaration of a severe water shortage by SWFWMD issued January 9, 2007,
heightened watering restrictions began January 16 and will end July 31, 2007 (unless rescinded
sooner by SWFWMD). Watering days will now be one day per week, on weekends, as defined
in the ordinance for all watering sources except reclaimed. No watering is permitted between
the hours of 8:01 a.m. and 5:59 p.m., because that is the least beneficial time to water.
Reclaimed customers may continue to water any day of the week, abiding by the same time
window as all other water sources.
The change in watering days to weekends, and making all times uniform, lessens the
burden and confusion of enforcing and explaining watering restrictions. No one may water
between 8:01 a.m. and 5:59 p.m., and only reclaimed customers may water during weekdays.
A provision is added to address future declarations by regulatory agencies during water
shortages.
Clearwater already has declared the new hours to be in effect and is requesting required
Council approval. There are no costs associated with this item. This Ordinance shall take
effect immediately upon adoption.
In response to a question, Assistant City Manager Garry Brumback said a standard
grace period for the change will be in effect. Residents receive warnings for first violations.
Councilmember Petersen moved to amend Chapter 32 as related to watering restriction
changes under a drought directive from the Southwest Florida Water Management District. The
motion carried
was duly seconded and unanimously.
Ordinance 7802-07 was presented for first reading and read by title only.
Councilmember Doran moved to pass Ordinance 7802-07 on first reading. The motion was duly
seconded and upon roll call, the vote was:
"Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard.
"Nays": None.
10.4 Appoint Councilmembers as representatives on Regional and Miscellaneous Boards.
Councilmember Cretekos moved to approve the appointment of Councilmembers as
representatives on Regional and Miscellaneous Boards: Tampa Bay Regional Planning Council
- Petersen; Mayor’s Council of Pinellas County – Hibbard; Barrier Island Governmental Council
– Cretekos, Doran – Alternate; Tampa Bay Partnership Board of Governors – Hibbard; Tampa
Bay Partnership Policy Board – Hibbard; Courtney Campbell Scenic Highway Citizen Advisory
Council 2007-04-19 18
Committee – Doran; Tampa Bay Estuary Policy Board – Gibson; Homeless Leadership Network
– Petersen and Doran; Area Agency on Aging of Pasco/Pinellas - Kerry Kimball; Pinellas
Collaborative Committee – Cretekos; School Transportation Safety Committee – Cretekos;
Pinellas County Economic Development Council – Cretekos (two-year term expires July 31,
2007); Pinellas Planning Council – Doran (two-year term expires December 31, 2008); Pinellas
Suncoast Transit Authority – Gibson (three-year term expires September 30, 2009);
Metropolitan Planning Organization – Hibbard (four-year term expires September 2009); Sister
Cities Advisory Board – Petersen (four year term expires December 31, 2010; and Pension
Advisory Committee –Petersen (two-year term expires April 4, 2009), Gibson - (two-year term
expires April 4, 2008), Doran - (two-year term expires April 4, 2008). Appointments by other
entities: Downtown Development Board Ex-Officio Members – Petersen - (CRA Trustees) –
Doran; Convention Visitors Bureau – Petersen; Pinellas WorkNet Board - Cretekos (two-year
term expires June 30, 2007); U.S. Conference of Mayors – Hibbard; Florida Conference of
motion carried
Mayors – Hibbard. The was duly seconded and unanimously.
Miscellaneous Reports and Items
11 - City Manager Verbal Reports
The City Manager reported that tomorrow he will appoint Tracy Mercer as Director of
Utilities.
Assistant City Attorney Laura Lipowski reviewed House Bill 1585. This bill clarifies that
uses in place along the Memorial Causeway are for public purpose, including the Marina fuel
dock and downtown boat docks, and allows private property owners use of their riparian rights
without triggering the reverter clause. The City Attorney said riparian use is restricted to
property owners with dock permit applications on file.
12 - Other Council Action
Councilmembers reported on events in which they recently participated and reviewed
upcoming events; complimented GotGov group activities and thanked staff for their help;
complimented police volunteers and the value of their work; sent prayers and thoughts to
Virginia Tech students, victims, and families
Councilmember Petersen requested that discussion be agendaed regarding hotel
density issues; said the CVB (Convention & Visitors Bureau) had reported that Clearwater’s
world class facilities attract many sporting events, which benefit tourism and the County.
Mayor Hibbard requested rescheduling the June 21, 2007, City Council meeting to June
20, 2007, and for the May 15, 2007 Work Session to begin at 8:00 a.m. Consensus was to
schedule if no conflicts exist.
Councilmember Doran reviewed the history of the Beach Walk project on Coronado. Mr.
Brumback said a panel of experts evaluated each request to accommodate safety and the
Code. Back-out parking is not permitted. The City wants sidewalks to be safe zones for
residents and tourists.
Council 2007-04-19 19
Councilmember Cretekos complimented the Sailing Center program that allows disabled
veterans to sail and fish, encouraged students to pursue marine and environmental science
programs at local universities.
Councilmember Doran thanked the Threshers for sponsoring Bark in the Park.
Mavor Hibbard said the School Board plans to expand the school adjacent to the Chi Chi
Rodriguez Golf Course and provide new opportunities for nearby high school students;
Clearwater Rotary honored staff Bob Smyth and Martin Pettingill; a successful trip to
Washington D.C. provided an opportunity for the City to discuss its legislative package with
legislators representing Florida.
13. Adjourn
The meeting adjourned at 8:13 p.m.
Council 2007-04-19
20