08/17/2016 City Council Meeting Minutes August 17, 2016
City of Clearwater
City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
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Meeting Minutes
Wednesday, August 17, 2016
6:00 PM
Council Chambers
City Council
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City of Clearwater
City Council Meeting Minutes August 17, 2016
Roll Call
Present: 4 - Mayor George N. Cretekos, Vice Mayor Bill Jonson, Councilmember
Doreen Caudell and Councilmember Hoyt Hamilton
Absent: 1 - Councilmember Bob Cundiff
Also Present: William B. Horne II — City Manager, Pamela K. Akin - City Attorney,
Rosemarie Call - City Clerk, and Nicole Sprague— Official Records and
Legislative Services Coordinator
To provide continuity for research, items are listed in agenda order although not necessarily
discussed in that order.
1. Call to Order— Mayor Cretekos
The meeting was called to order at 6:00 p.m. at City Hall.
2. Invocation — Father Andrew Pavlakos from Holy Trinity Greek Orthodox Church
3. Pledge of Allegiance — Councilmember Hamilton
4. Special recognitions and Presentations (Proclamations, service awards, or
other special recognitions. Presentations by governmental agencies or groups
providing formal updates to Council will be limited to ten minutes.) — Given.
4.1 End of Session Report - The Honorable Larry Ahern, Florida House of
Representatives
4.2 End of Session Report - The Honorable Chris Sprowls, Florida House of
Representatives
4.3 APGA Safety Management Excellence Award - Chuck Warrington, Clearwater Gas
System Director
Clearwater Gas System received the prestigious 2016 Safety Management
Excellence Award from the American Public Gas Association at the APGA
Annual Convention in Newport, RI.
APGA represents over 1,000 public gas systems throughout the U.S.
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City of Clearwater
City Council Meeting Minutes August 17, 2016
5. Approval of Minutes
5.1 Approve the minutes of the August 4, 2016 City Council Meeting as submitted in
written summation by the City Clerk.
Vice Mayor Jonson moved to approve the minutes of the August 4,
2016 City Council Meeting as submitted in written summation by
the City Clerk. The motion was duly seconded and carried
unanimously.
6. Citizens to be heard re items not on the agenda
Joseph Morgan expressed concerns regarding the accessibility of Medicaid
by individuals with limited resources and the number of school-aged children
in Pinellas County receiving free lunches and breakfasts. He also expressed
concerns regarding the noise levels residents near the Clearwater Airpark
must tolerate.
Lisa Lanza expressed concerns that her friend, a Clearwater Citizens
Academy graduate, was not appointed to the Charter Review Committee, but
three residents from the Coachman Ridge neighborhood were appointed. She
questioned why three Clearwater Regional Chamber of Commerce members
were appointed to the Stakeholders Committee. She stated memberships to
both committees could have been more diverse.
7. Consent Agenda — Approved as submitted.
7.1 Approve a contract in the amount of$489,671.00 with the Pinellas County Sheriff's
Office, Largo, Florida for latent fingerprint, crime scene processing, evidence and
property storage and Pinellas Juvenile Assessment Center services, plus an additional
$40,000.00 contingency for any excess services provided by the Sheriff, during the
one-year contract period commencing October 1, 2016 through September 30, 2017
and authorize the appropriate officials to execute same. (consent)
7.2 Approve a Clearwater Beach Route Funding Agreement between Pinellas Suncoast
Transit Authority (PSTA) and the City of Clearwater for an amount not to exceed
$215,092.75 and authorize the appropriate officials to execute same. (consent)
7.3 Approve a Water Main Easement over Block 2 and 3 of J.H. Rouse's Subdivision,
conveyed to the City by the Property Owner; and authorize the appropriate officials to
execute same. (consent)
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City of Clearwater
City Council Meeting Minutes August 17, 2016
7.4 Approve the Pinellas County Technical Rescue Team Agreement with the City of
Clearwater effective October 1, 2015 through September 30, 2020, and authorize the
appropriate officials to execute same. (consent)
7.5 Item Withdrawn.
7.6 Approve an annual contract (blanket purchase order) with Wastequip, LLC,
Statesville, NC, in the amount of$175,000 for the purchase of compactors and
compactor parts and authorize the appropriate officials to execute same. (consent)
7.7 Approve a subordination agreement in favor of Branch Banking and Trust Company
(BB and T) on the Clearwater Marine Aquarium Property and authorize the
appropriate officials to execute same. (consent)
7.8 Request for authority to file a proposal for settlement in the case of City of Clearwater
v. B.R.W. Contracting, Inc. (Case No.: 13- 7292-CI). (consent)
Councilmember Caudell moved to approve the Consent Agenda as
submitted and authorize the appropriate officials to execute same.
The motion was duly seconded and carried unanimously.
Public Hearings - Not before 6:00 PM
8. Administrative Public Hearings
8.1 Approve the request from the owner of property addressed 3009 Gulf to Bay
Boulevard to vacate a portion of Right-of-Way of Meadow Lark Lane that abuts their
property; and pass Ordinance 8942-16 on first reading. (VAC2016-05)
Meadow Lark Lane is a platted, undeveloped road that runs along the west
side of Bayside Park. The property owner of 3009 Gulf to Bay Boulevard has
requested the vacation of a portion of Meadow Lark Lane that abuts his
property, to meet landscaping and green space requirements necessary for
planned improvements on his property.
The City of Clearwater does not have any utilities in this right-of-way. All city
departments have reviewed and do not object. The applicant has received all
required "Letters of No Objection" from private utility companies.
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City Council Meeting Minutes August 17, 2016
Councilmember Hamilton moved to approve the request from the
owner of property addressed 3009 Gulf to Bay Boulevard to vacate
a portion of Right-of-Way of Meadow Lark Lane that abuts their
property. The motion was duly seconded and carried unanimously.
Ordinance 8942-16 was presented and read by title only. Vice
Mayor Jonson moved to pass Ordinance 8942-16 on first reading.
The motion was duly seconded and upon roll call, the vote was:
Ayes: 4 - Mayor Cretekos, Vice Mayor Jonson, Councilmember Caudell and
Councilmember Hamilton
8.2 Approve the annexation, initial Future Land Use Map designation of Residential Low
(RL) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR)
District for 2160 Bell Cheer Drive; and pass Ordinances 8914-16, 8915-16 and
8916-16 on first reading. (ATA2016-05007)
This application involves a 0.236 acre property consisting of one parcel of land
which is occupied by a single family dwelling. It is located on the north side of
Bell Cheer Drive, approximately 470 feet west of South Belcher Road. The
property is contiguous to existing city boundaries to the north and east. The
City is annexing this property pursuant to the Agreement to Annex (ATA)
signed by Michael Lee Powell, W. Michael Bloomfield and Andrea M.
Bloomfield on September 24, 2014. It is proposed that the property be
assigned a Future Land Use Map designation of Residential Low (RL) and a
Zoning Atlas designation 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.
Solid waste service is provided by the City. The applicant has paid the
City's sewer impact fee in full and will be connected to the city sanitary
sewer system by the contractor soon as part of the Belcher Area
Sanitary Sewer System Extension Project. The property is located
within Police District III and service will be administered through the
district headquarters located at 2851 North McMullen Booth Road. Fire
and emergency medical services will be provided to this property by
Station 49 located at 565 Sky Harbor Drive. The City has adequate
capacity to serve this property with sanitary sewer, police, fire and EMS
service. Water service will continue to be provided by the County. The
proposed annexation will not have an adverse effect on public facilities
and their levels of service; and
• The proposed annexation is consistent with and promotes the following
objectives and policy of the Clearwater Comprehensive Plan:
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City of Clearwater
City Council Meeting Minutes August 17, 2016
Objective A.6.4 Due to the built-out character of the City of
Clearwater, compact urban development within the urban
service area shall be promoted through application of the
Clearwater Community Development Code.
Policy A.7.1.3: Invoke agreements to annex where properties
located within enclaves meet the contiguity requirements of
Florida Statutes Chapter 171.
Objective A.7.2 Diversify and expand the City's tax base through
the annexation of a variety of land uses located within the
Clearwater Planning Area.
• The proposed Residential Low (RL) Future Land Use Map category is
consistent with the current Countywide Plan designation of these
properties. This designation primarily permits residential uses at a
density of 5 units per acre. The proposed zoning district to be assigned
to the property is the Low Medium Density Residential (LMDR) District.
The use of the subject property is consistent with the uses allowed in
the District and the property exceeds the District's minimum
dimensional requirements. The proposed annexation is therefore
consistent with the Countywide Plan and the City's Comprehensive
Plan and Community Development Code; and
• The property proposed for annexation is contiguous to existing City
boundaries to the north and east. Therefore, the annexation is
consistent with Florida Statutes Chapter 171.044
Councilmember Caudell moved to approve the annexation, initial
Future Land Use Map designation of Residential Low (RL) and
initial Zoning Atlas designation of Low Medium Density Residential
(LMDR) District for 2160 Bell Cheer Drive. The motion was duly
seconded and carried unanimously.
Ordinance 8914-16 was presented and read by title only.
Councilmember Hamilton moved to pass Ordinance 8914-16 on
first reading. The motion was duly seconded and upon roll call, the
vote was:
Ayes: 4 - Mayor Cretekos, Vice Mayor Jonson, Councilmember Caudell and
Councilmember Hamilton
Ordinance 8915-16 was presented and read by title only. Vice
Mayor Jonson moved to pass Ordinance 8915-16 on first reading.
The motion was duly seconded and upon roll call, the vote was:
Ayes: 4 - Mayor Cretekos, Vice Mayor Jonson, Councilmember Caudell and
Councilmember Hamilton
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City Council Meeting Minutes August 17, 2016
Ordinance 8916-16 was presented and read by title only.
Councilmember Caudell moved to pass Ordinance 8916-16 on first
reading. The motion was duly seconded and upon roll call, the vote
was:
Ayes: 4 - Mayor Cretekos, Vice Mayor Jonson, Councilmember Caudell and
Councilmember Hamilton
8.3 Approve the annexation, initial Future Land Use Map designation of Residential Low
(RL) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR)
District for 1608 Levern Street; together with certain right-of-way of Levern Street; and
pass Ordinances 8917-16, 8918-16 and 8919-16 on first reading. (ANX2016-05017)
This voluntary annexation petition involves a 0.215-acre property consisting of
one parcel of land occupied by a single family dwelling. It is located on the
north side of Levern Street approximately 95 feet west of Ridge Avenue. The
applicant is requesting annexation in order to receive solid waste service from
the City. The property is not contiguous to existing city limits; however, it is in
an enclave surrounded by city property on all sides (Type A) and is eligible for
annexation pursuant to the Interlocal Service Boundary Agreement with
Pinellas County. The Development Review Committee is proposing that the
0.193-acres of abutting Levern Street right-of-way not currently within the City
limits also be annexed. It is proposed that the property be assigned a Future
Land Use Map designation of Residential Low (RL) and a Zoning Atlas
designation 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. The closest
sanitary sewer line is located in the Bonair Street right-of-way one block
south, and is therefore not readily available to the property. Collection
of solid waste will be provided to the property by the City. The property
is located within Police District II and service will be administered
through the district headquarters located at 645 Pierce Street. Fire and
emergency medical services will be provided to this property by Station
51 located at 1720 Overbrook Avenue. The City has adequate capacity
to serve 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
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City Council Meeting Minutes August 17, 2016
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 Low Medium Density Residential (LMDR) District and the property
exceeds the District's minimum dimensional requirements. The
proposed annexation is therefore consistent with the Countywide Plan
and the City's Comprehensive Plan and Community Development
Code; and
• The property proposed for annexation is not contiguous to City
boundaries but is located in a Type A Enclave; therefore, the
annexation is consistent with the Interlocal Service Boundary
Agreement authorized by Florida Statutes Chapter 171.204.
Councilmember Hamilton moved to approve the annexation, initial
Future Land Use Map designation of Residential Low (RL) and
initial Zoning Atlas designation of Low Medium Density Residential
(LMDR) District for 1608 Levern Street; together with certain
right-of-way of Levern Street. The motion was duly seconded and
carried unanimously.
Ordinance 8917-16 was presented and read by title only. Vice
Mayor Jonson moved to pass Ordinance 8917-16 on first reading.
The motion was duly seconded and upon roll call, the vote was:
Ayes: 4 - Mayor Cretekos, Vice Mayor Jonson, Councilmember Caudell and
Councilmember Hamilton
Ordinance 8918-16 was presented and read by title only.
Councilmember Caudell moved to pass Ordinance 8918-16 on first
reading. The motion was duly seconded and upon roll call, the vote
was:
Ayes: 4 - Mayor Cretekos, Vice Mayor Jonson, Councilmember Caudell and
Councilmember Hamilton
Ordinance 8919-16 was presented and read by title only.
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City Council Meeting Minutes August 17, 2016
Councilmember Hamilton moved to pass Ordinance 8919-16 on
first reading. The motion was duly seconded and upon roll call, the
vote was:
Ayes: 4 - Mayor Cretekos, Vice Mayor Jonson, Councilmember Caudell and
Councilmember Hamilton
8.4 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 2112, 2138, and 2196/2198 Bell Cheer Drive; and pass Ordinances
8920-16, 8921-16 and 8922-16 on first reading. (ANX2016-05018)
These voluntary annexation petitions involve three parcels of land totaling
0.824 acres. The parcels are occupied by two single family dwellings and one
duplex and are located generally south of Druid Road, east of South Hercules
Avenue, west of South Belcher Road and north of Lakeview Road. The
applicants are requesting annexation in order to receive solid waste service
from the City and will be connected to the city sanitary sewer as part of the
Belcher Area Sanitary Sewer System Extension Project. The properties are
contiguous to existing city limits along at least one property boundary. It is
proposed that the properties be assigned a Future Land Use Map designation
of Residential Low (RL) and a Zoning Atlas designation 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 Pinellas County.
Collection of solid waste will be provided to the properties by the City.
The applicants have paid the City's sewer impact fee in full. The
property at 2138 Bell Cheer has been connected to the city sanitary
sewer system, and the remaining properties will soon be connected to
the city sanitary sewer system by the contractor. 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 this property by Station
49 located at 565 Sky Harbor Drive. The City has adequate capacity to
serve these properties with sanitary sewer, solid waste, police, fire and
EMS service. Water service will continue to be provided by the County.
The proposed annexations will not have an adverse effect on public
facilities and their levels of service; and
• The proposed annexations are consistent with and promote the
following objectives and policy of the Clearwater Comprehensive Plan:
Objective A.6.4 Due to the built-out character of the City of
Clearwater, compact urban development within the urban
service area shall be promoted through application of the
Clearwater Community Development Code.
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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 Low (RL) Future Land Use Map category is
consistent with the current Countywide Plan designation of these
properties. This designation primarily permits residential uses at a
density of 5 units per acre. The proposed zoning district to be assigned
to the properties is Low Medium Density Residential (LMDR). The uses
of the subject properties are consistent with the uses allowed in the
District. However, the property located at 2196/2198 Bell Cheer Drive is
an existing duplex, and although the use is allowed within the Low
Medium Density Residential (LMDR) District, the property exceeds the
number of units allowed on the parcel based on the underlying
Residential Low (RL) Future Land Use Designation. The requirements
of Article 6, Nonconformity Provisions of the Community Development
Code will apply to this property once annexed into the City. The
properties located at 2112 and 2138 Bell Cheer Drive exceed the
District's minimum dimensional requirements. The proposed
annexations are therefore consistent with the Countywide Plan and the
City's Comprehensive Plan and Community Development Code; and
• The properties proposed for annexation are contiguous to existing City
limits along at least one property boundary. Therefore, the annexations
are consistent with Florida Statutes Chapter 171.044.
Vice Mayor Jonson moved to approve the annexation, initial Future
Land Use Map designation of Residential Low (RL) and initial
Zoning Atlas designation of Low Medium Density Residential
(LMDR) District for 2112, 2138, and 2196/2198 Bell Cheer Drive. The
motion was duly seconded and carried unanimously.
Ordinance 8920-16 was presented and read by title only.
Councilmember Caudell moved to pass Ordinance 8920-16 on first
reading. The motion was duly seconded and upon roll call, the vote
was:
Ayes: 4 - Mayor Cretekos, Vice Mayor Jonson, Councilmember Caudell and
Councilmember Hamilton
Ordinance 8921-16 was presented and read by title only.
Councilmember Hamilton moved to pass Ordinance 8921-16 on
first reading. The motion was duly seconded and upon roll call, the
vote was:
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City Council Meeting Minutes August 17, 2016
Ayes: 4 - Mayor Cretekos, Vice Mayor Jonson, Councilmember Caudell and
Councilmember Hamilton
Ordinance 8922-16 was presented and read by title only. Vice
Mayor Jonson moved to pass Ordinance 8922-16 on first reading.
The motion was duly seconded and upon roll call, the vote was:
Ayes: 4 - Mayor Cretekos, Vice Mayor Jonson, Councilmember Caudell and
Councilmember Hamilton
8.5 Approve the annexation, initial Future Land Use Map designation of Residential Low
(RL) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR)
District for 2155 Bell Cheer Drive and an unaddressed parcel on Bell Cheer Drive; and
pass Ordinances 8926-16, 8927-16 and 8928-16 on first reading. (ANX2016-06019)
These voluntary annexation petitions involve two parcels of land totaling 0.470
acres. One parcel is occupied by a single-family dwelling and the second
parcel is currently undeveloped. The parcels are located generally south of
Druid Road, east of South Hercules Avenue, west of South Belcher Road and
north of Lakeview Road. The applicants are requesting annexation in order to
receive solid waste service from the City and will be connected to the city
sanitary sewer as part of the Belcher Area Sanitary Sewer System Extension
Project.
The property at 2155 Bell Cheer Drive is contiguous to existing city limits to the
west. The unaddressed Bell Cheer property is not contiguous to existing city
limits; however, it is in an enclave surrounded by city property on all sides
(Type A) and is eligible for annexation pursuant to the Interlocal Service
Boundary Agreement with Pinellas County. It is proposed that the properties
be assigned a Future Land Use Map designation of Residential Low (RL) and a
Zoning Atlas designation 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 Pinellas County.
Collection of solid waste will be provided to the properties by the City.
The applicant at 2155 Bell Cheer Drive has paid the sewer impact fee in
full and will be connected to the City's sewer system by the contractor
soon. The property owner of the undeveloped property will be required
to pay the sewer impact fee in order to be connected to the City's sewer
system at the time of development. 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 this property by Station 49 located at 565
Sky Harbor Drive. The City has adequate capacity to serve these
properties with sanitary sewer, solid waste, police, fire and EMS
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service. Water service will continue to be provided by the County. The
proposed annexations will not have an adverse effect on public facilities
and their levels of service; and
• The proposed annexations are consistent with and promote the
following objectives and policy of the Clearwater Comprehensive Plan:
Objective A.6.4 Due to the built-out character of the City of
Clearwater, compact urban development within the urban
service area shall be promoted through application of the
Clearwater Community Development Code.
Objective A.7.2 Diversify and expand the City's tax base through
the annexation of a variety of land uses located within the
Clearwater Planning Area.
Policy A.7.2.3 Continue to process voluntary annexations for
single-family residential properties upon request.
• The proposed Residential Low (RL) Future Land Use Map category is
consistent with the current Countywide Plan designation of these
properties. This designation primarily permits residential uses at a
density of 5 units per acre. The proposed zoning district to be assigned
to the properties is Low Medium Density Residential (LMDR). The uses
of the subject properties are consistent with the uses allowed in the
District and the properties exceed the District's minimum dimensional
requirements. The proposed annexations are therefore consistent with
the Countywide Plan and the City's Comprehensive Plan and
Community Development Code; and
• The property proposed for annexation at 2155 Bell Cheer Drive is
contiguous to existing City limits along at least one property boundary.
Therefore, the annexation is consistent with Florida Statutes Chapter
171.044. The unaddressed Bell Cheer property proposed for
annexation is not contiguous to City limits but is located in a Type A
Enclave; therefore, the annexation is consistent with the Interlocal
Service Boundary Agreement authorized by Florida Statutes Chapter
171.204.
Councilmember Caudell moved to approve the annexation, initial
Future Land Use Map designation of Residential Low (RL) and
initial Zoning Atlas designation of Low Medium Density Residential
(LMDR) District for 2155 Bell Cheer Drive and an unaddressed
parcel on Bell Cheer Drive. The motion was duly seconded and
carried unanimously.
Ordinance 8926-16 was presented and read by title only.
Councilmember Hamilton moved to pass Ordinance 8926-16 on
first reading. The motion was duly seconded and upon roll call, the
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City Council Meeting Minutes August 17, 2016
vote was:
Ayes: 4 - Mayor Cretekos, Vice Mayor Jonson, Councilmember Caudell and
Councilmember Hamilton
Ordinance 8927-16 was presented and read by title only. Vice
Mayor Jonson moved to pass Ordinance 8927-16 on first reading.
The motion was duly seconded and upon roll call, the vote was:
Ayes: 4 - Mayor Cretekos, Vice Mayor Jonson, Councilmember Caudell and
Councilmember Hamilton
Ordinance 8928-16 was presented and read by title only.
Councilmember Caudell moved to pass Ordinance 8928-16 on first
reading. The motion was duly seconded and upon roll call, the vote
was:
Ayes: 4 - Mayor Cretekos, Vice Mayor Jonson, Councilmember Caudell and
Councilmember Hamilton
8.6 Approve amendments to the Clearwater Code of Ordinances and Clearwater
Community Development Code regarding numerous provisions, including: stormwater
systems; museums; outdoor retail sales, display and/or storage; outdoor storage;
accessory uses/structures; erosion and sedimentation; waterfront sight visibility
triangles; outdoor cafes; low impact development techniques; grass parking;
subdivision design standards; hearing officer appeals; the comprehensive sign
program; the final plat fee; and providing for and modifying various definitions; and
pass Ordinance 8931-16 on first reading. (TA2016-06001)
The proposed text amendment contains some minor changes to the Code of
Ordinances and numerous revisions to the Community Development Code.
The most substantial topics are those concerning museums, accessory
uses/structures, low impact development techniques, and the final plat review
fee.
Museums:
Museums are presently considered part of the indoor recreation/entertainment
use category. This prevents museums from being a permissible use in the
Institutional (1) District, where the intent and purpose of the District is to
"establish areas where public and private organizations can establish and
operate institutions with a public interest in support of the quality of life of the
citizens of the City of Clearwater." As a result, staff is proposing the creation of
the museum use within the Tourist (T), Downtown (D) and I Districts with
appropriate development standards and flexibility criteria. In addition, staff
proposes that museums be added to the list of uses that may have an outdoor
cafe. A museum would presently be permitted to have an outdoor cafe under
the indoor recreation/entertainment use category.
Accessory Uses/Structures:
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The current Accessory Uses/Structures Division will be replaced in its entirety.
The new version will retain several of the existing standards and exemptions of
the current version; however it will utilize an updated framework to make the
Division easier to use. Some elements of the Division will be changed and new
standards added. For example, accessory structures are presently allowed up
to a cumulative maximum of 10% of the principle structure with 25% possible
through the Flexible Standard Development application process. The 10%
threshold has consistently been found to be overly limiting to smaller
properties, and on numerous occasions exceeding this threshold has been
supported based upon pre-existing neighborhood conditions. The amendment
removes the 10% threshold and allows the 25% maximum by right. It is noted
that this change will still result in all accessory structures being incidental to the
principal structure.
Under the current code provisions, garden centers require a specific approval
as "outdoor retail sales, display and/or storage." This requirement will be
eliminated and these uses will be able to exist as they truly are - the accessory
outdoor retail sales of plant material, garden tools, fertilizers, potting soil,
mulch, rock and other garden supplies. The standards proposed will ensure
adequate and acceptable methods of screening inventory, while also providing
quality aesthetics. It is noted that existing garden centers such as those found
at Home Depot, Lowes, and Wal-Mart will not be made non-conforming as a
result of these changes.
The outdoor retail sales, display and/or storage use and the outdoor storage
use will be deleted from their respective zoning districts and the CDC as a
whole. These will be treated as accessory uses moving forward.
Low Impact Development Techniques:
The Engineering Department recently contracted with an outside consultant to
identify necessary changes to the CDC in order to implement low impact
development techniques. These amendments will begin that implementation
by allowing for more substantial planting of stormwater retention areas, thereby
resulting in their improved functionality, and by reorganizing the interior
landscape provisions to accommodate new language concerning central
landscape islands and provisions for bioswales. In conjunction with the above,
excess parking spaces will be able to be surfaced with reinforced grass or
another permeable surface in-lieu of being paved.
A couple of items should be noted concerning the above. First, neither the
provision of a central landscape island, nor the utilization of low impact
development techniques is required. These amendments simply provide
standards for when these elements are proposed. Second, the reorganization
of the interior landscaping provisions is being done in order to accommodate
the language concerning central landscape islands, and a majority of the
existing language is being retained.
Final Plat Review Fee:
The fee associated with final plat applications is proposed to be increased from
$300 to $600. Changing the fee would cover the cost of having a consultant
review the final plat application if staff time is not available. Plats are required
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City Council Meeting Minutes August 17, 2016
to be signed and sealed by the Florida licensed surveyor, and the city has only
one licensed surveyor on staff. If this individual was unavailable for review,
then the review could be outsourced without a deficit being incurred.
The Engineering Department, which proposed this change, has indicated that
Pinellas County charges $2,185 for a final plat, plus $18 per lot, and that the
City of St. Petersburg charges $650 for a final plat with no variances, or$1,000
for a final plat with variances.
In addition to the above, staff is also proposing the following:
• Clarification and correction of stormwater management and stormwater
systems provisions of the Code of Ordinances;
• Clarification of several erosion and sedimentation related issues and
updating terminology;
• Clarification that an at-grade structure, such as a swimming pool or deck, is
permissible to encroach into required waterfront sight visibility triangles;
• Clarification that the Community Development Board (CDB), and by proxy
the Board attorney, may provide oral argument before a hearing office as
part of an appeal;
• Correction of three erroneous references within the Comprehensive Sign
Program provisions; and,
• Defining or modifying the existing definition of the following terms:
bioswale, garden center, low impact development, museums, problematic
uses, retail sales and services, and tattoo parlor.
The Planning and Development Department has determined that the proposed
text amendment to the Code of Ordinances and Community Development
Code is consistent with and furthers the goals, objectives and policies of the
Comprehensive Plan and the Community Development Code as outlined in the
staff report. The CDB reviewed the proposed text amendment at its meeting of
July 19, 2016, and unanimously recommended approval of the amendment.
In response to a question, Planning Manager Robert Tefft said, relating to
outdoor storage, it is possible for a smaller storefront to go through the
process for a separate use as outdoor retail sales display. Most of the
storefronts on the beach are built to the property line, the item before Council
does not allow the storefronts to encroach onto the right-of-way. Mr. Tefft said
sidewalk sales are temporary uses and are regulated separately in the code.
Planning and Development Director Michael Delk said the item before Council
does not preclude specific use regulations, such as vehicle sales or sidewalk
sales.
Councilmember Hamilton moved to approve amendments to the
Clearwater Code of Ordinances and Clearwater Community
Development Code regarding numerous provisions, including:
stormwater systems; museums; outdoor retail sales, display and/or
storage; outdoor storage; accessory uses/structures; erosion and
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City Council Meeting Minutes August 17, 2016
sedimentation; waterfront sight visibility triangles; outdoor cafes;
low impact development techniques; grass parking; subdivision
design standards; hearing officer appeals; the comprehensive sign
program; the final plat fee; and providing for and modifying various
definitions. The motion was duly seconded and carried
unanimously.
Ordinance 8931-16 was presented and read by title only. Vice
Mayor Jonson moved to pass Ordinance 8931-16 on first reading.
The motion was duly seconded and upon roll call, the vote was:
Ayes: 4 - Mayor Cretekos, Vice Mayor Jonson, Councilmember Caudell and
Councilmember Hamilton
9. Second Readings - Public Hearing
9.1 Adopt Ordinance 8929-16 on second reading, amending Appendix A, Article XXIV
Public Works - Fees, Rates and Charges, Section (3)(a) Water Rates, Secrtion (3)(b)
Wastewater Collection Utility Rates and (3)(f) Reclaimed Water Rates.
Ordinance 8929-16 was presented and read by title only.
Councilmember Caudell moved to adopt Ordinance 8929-16 on
second and final reading. The motion was duly seconded.
One individual requested consideration to have individuals on a fixed income,
over 70 years of age or with a disability to pay a true meter reading water
usage fee.
In response to a question, Customer Service Director Cynthia Boyd said
individuals 62 and older on a fixed income can request to have their utilities
due date be postponed for a few days. The We Care Fund and other social
service agencies provide assistance with utility payments.
Upon roll call, the vote was:
Ayes: 4 - Mayor Cretekos, Vice Mayor Jonson, Councilmember Caudell and
Councilmember Hamilton
9.2 Adopt Ordinance 8930-16 on second reading, vacating a drainage and utility
easement along the west ten feet of Lot 10 of Countryside Tract 6 Replat, as recorded
in Plat Book 78, Pages 11 and 12, Public Records of Pinellas County, Florida.
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City Council Meeting Minutes August 17, 2016
Ordinance 8930-16 was presented and read by title only.
Councilmember Caudell moved to adopt Ordinance 8930-16 on
second and final reading. The motion was duly seconded and upon
roll call, the vote was:
Ayes: 4 - Mayor Cretekos, Vice Mayor Jonson, Councilmember Caudell and
Councilmember Hamilton
10. City Manager Reports
10.1Approve policy and procedural guidance for staff to operate the variable lighting of the
Clearwater Monument, located at 3350 Gulf to Bay Boulevard, Clearwater, FL 33759,
and approve funds in the amount of$25,000 to provide remote controls for the lighting
display.
The City Council requested that staff develop a policy and procedural guidance
for the operation of the variable lighting system on the Clearwater Monument,
located at 3350 Gulf to Bay Boulevard.
Staff has developed this new policy and procedural guidelines which include
the following:
• The Monument shall be lit on a nightly basis, commencing two hours prior to
sundown and lasting until two hours after sunrise. The colors of the Monument
shall remain as static shades of blue and green as dictated by the City's logo
and branding campaign.
• Staff members of the Parks & Recreation department shall be responsible for
programming changes to the Monument colors. All maintenance requests and
repairs will be handled by Parks & Recreation staff and appropriate
contractors.
• On occasion, the Monument lighting shall be altered to the colors of red,
white, and blue to coincide with patriotic Federal holidays. The change in colors
shall take effect no more than two days before the holiday and shall cease no
more than two days after the holiday. These holidays are as follows:
Birthday of Martin Luther King, Jr.
Presidents Day
Memorial Day
Independence Day
Labor Day
Columbus Day
Veterans Day
• Allow the City Manager or designee to approve additional lighting changes
for specific holidays, and/or local celebrations.
Currently, in order to change the lighting display at the Monument, it must be
altered on site from the Monument internal control panel. Staff is
recommending that a project be established to connect the Monument through
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City of Clearwater
City Council Meeting Minutes August 17, 2016
fiber optic cabling to the city network, thus allowing staff to make changes from
any city-networked computer.
APPROPRIATION CODE AND AMOUNT:
A third quarter budget amendment will provide a transfer of$25,000 from
General Fund reserves to capital improvement project 315-92844, Centennial
Monument, to fund this contract.
At midyear, unspent project funding of$32,236.36 was returned to the
General Fund (reserve) from capital program project 315-92844, Centennial
Monument due to completion of the construction. This amendment at third
quarter will return funds to that project to account for this unplanned
expenditure.
USE OF RESERVE FUNDS:
Funding for this contract will be provided by a third quarter budget amendment
allocating General Fund reserves in the amount of$25,000 to capital
improvement project 315-92844, Centennial Monument. Inclusive of this item
if approved, a net total of$2,354,880 of General Fund reserves has been
appropriated by Council to fund expenditures in the 2015/16 operating budget.
The remaining balance in General Fund reserves is approximately $29.4, or
23.6% of the current General Fund operating budget.
Councilmember Hamilton moved to approve policy and procedural
guidance for staff to operate the variable lighting of the Clearwater
Monument, located at 3350 Gulf to Bay Boulevard, Clearwater, FL
33759, and approve funds in the amount of $25,000 to provide
remote controls for the lighting display. The motion was duly
seconded and carried unanimously.
Ayes: 4 - Mayor Cretekos, Vice Mayor Jonson, Councilmember Caudell and
Councilmember Hamilton
10.2Amend Council Rule 8, Debate of Motions, Tie Votes, to clarify the result of a 2-1 vote
in the absence of two voting councilmembers and adopt Resolution 16-21
The City Charter, Section 2.08, provides that a majority of council constitutes a
quorum, however except under certain specific circumstances, no action is
binding or valid unless adopted by the affirmative vote of the majority of all
council members.
From time to time, a quorum of three may result in a 2-1 vote the effect of
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City of Clearwater
City Council Meeting Minutes August 17, 2016
which is not currently addressed in the council rules. Therefore, the City
Council desires to amend the Council Rules to address this issue
Vice Mayor Jonson moved to amend Council Rule 8, Debate of
Motions, Tie Votes, to clarify the result of a 2-1 vote in the absence
of two voting councilmembers. The motion was duly seconded and
carried unanimously.
Resolution 16-21was presented and read by title only.
Councilmember Caudell moved to adopt Resolution 16-21. The
motion was duly seconded and upon roll call, the vote was:
Ayes: 4 - Mayor Cretekos, Vice Mayor Jonson, Councilmember Caudell and
Councilmember Hamilton
10.3Pinellas Suncoast Transit Authority (PSTA) Central Avenue BRT (Bus Rapid Transit) Vote
The City Manager said the Vice Mayor had indicated, during his weekly
meeting, that there would be two upcoming PSTA votes: BRT site and millage
rate increase. Council discussion has been scheduled for the next work
session.
Vice Mayor Jonson said the first vote will address the St. Petersburg Central
Avenue to the Beaches BRT. There are three potential sites: Madeira Beach,
Treasure Island, or St. Pete Beach. The technical study recommends St. Pete
Beach as preferred site. St. Pete Beach is not a member of PSTA and does
not provide ad valorem taxes to PSTA. St. Pete Beach pays a service charge
for the Suncoast Trolley. The Vice Mayor said if St. Pete Beach pays a similar
service charge for the BRT, it would be substantially less than the ad valorem
taxes. The Vice Mayor said he would like to share the technical analysis and
request council guidance at the next work session. The other vote addresses a
staff proposal to increase the PSTA millage to pay for extended Saturday and
Sunday extended service. The proposed millage increase is 0.0195.
11. City Attorney Reports — None.
12. Closing comments by Councilmembers (limited to 3 minutes)
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City Council
Meeting Minutes August 17, 2016
Councilmember Caudell said that each councilmember sits on different boards
and has the responsibility of voting on different issues. Minutes of each board
are distributed to Council.
Vice Mayor Jonson said he heard an announcement this morning related to
regional transit; a fare phone app will be rolled out on September 6, 2016
allowing the purchase of a 3 -day pass for $11.00 that will be honored in
Hillsborough and Pinellas Counties. A family of 4 -pass will be available for
purchase as well. This is the first step for technology improvement,
regionally. He said he saw a press release stating the county commission is
considering making a contribution to the Florida Veteran's Memorial out of
their BP settlement funding.
In response to questions, the City Clerk said the Charter Review Committee
was appointed two years ago and has been disbanded. There were no citizen
comments when Council appointed the members.
13. Closing Comments by Mayor
14. Adjourn
Mayor Cretekos reviewed recent and upcoming events and expressed
condolences to city employee Stephanie Stutz for the passing of her husband
Joe and Deputy City Manager Jill Silverboard for the passing of her
father -in -law.
The meeting adjourned at 7:27 p.m.
Attest a
City Clerk
City of Clearwater
— oteoren crAekAs
Mayor
City of Clearwater
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