08/15/2016 Council Work Session Meeting Minutes August 15, 2016
City of Clearwater
City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
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Meeting Minutes
Monday, August 15, 2016
1 :00 PM
Council Chambers
Council Work Session
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City of Clearwater
Council Work Session Meeting Minutes August 15, 2016
Roll Call
Present 5 - Mayor George N. Cretekos, Vice Mayor Bill Jonson, Councilmember
Doreen Caudell (Arrived — 3:16 p.m.), Councilmember Bob Cundiff, and
Councilmember Hoyt Hamilton
Also Present: William B. Horne II — City Manager, Jill S. Silverboard — Deputy City
Manager, Pamela K. Akin - City Attorney, Rosemarie Call - City Clerk
and Nicole Sprague — Official Records and Legislative Services
Coordinator
To provide continuity for research, items are listed in agenda order although not necessarily
discussed in that order.
1. Call to Order— Mayor Cretekos
The meeting was called to order at 1:00 p.m. at City Hall.
2. Presentations — Given.
2.1 August Service Awards
Two service awards were presented to city employees. The August
2016 Employee of the Month Awards was presented to Jason Slanina,
Marina.
2.2 Present FEDC Marketing Award
The City of Clearwater was awarded the Florida Economic Development
Association Marketing Award for the Opportunities Abound brochure.
The Council recessed to meet as the Community Redevelopment Agency and
the Pension Trustees from 1:10 p.m. to 1:57 p.m.
3. Parks and Recreation
3.1 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. (consent)
The City Council requested that staff develop a policy and procedural guidance
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Council Work Session Meeting Minutes August 15, 2016
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
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.
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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.
In response to questions, Recreation Specialist Christopher Hubbard said
when the monument was purchased it was intended that it have static colors.
Council then directed the monument have colors for patriotic holidays, staff
was looking at Independence Day. Mr. Hubbard said Council directed staff to
draft a policy allowing the monument to be lighted in colors for patriotic
holidays, two days prior to the holiday through 2 after the holiday. Deputy City
Manager Jill Silverboard said there is currently no policy in place. Mr. Hubbard
said the monument is currently lit two hours before sunset through two hours
before sunrise. Staff is constantly working with the contractor when calls are
received that the monument is not properly lit. All repairs have been under
warranty. Station Manager Shawn Stafford said the computer will program the
lighting to turn on and off at celestial time, which is updated automatically via
an atomic clock.
A concern was expressed that that the policy opens the door for any group to
request the monument be lighted with colors for any occasion.
The City Manager said the policy can be as rigid as Council desires.
It was stated that the policy would be limited to the Federal holidays listed in
the policy.
Parks and Recreation Director Kevin Dunbar said staff initially intended that
the monument be lighted in specific colors for local professional sports teams'
accomplishments. He suggested the requests can be handled similarly to the
proclamations.
Staff was directed to take Item 3.2 off the Consent Agenda.
Discussion ensued with comments made that if the policy is limited to Federal
holidays then the national colors (red, white and blue) would apply and the
holidays should be limited to Independence Day, Memorial Day and Veterans
Day. It was suggested that the monument could be lit up in red and white if the
Phillies won a World Series.
The City Attorney suggested that the policy can be amended if the Phillies won
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Council Work Session Meeting Minutes August 15, 2016
the World Series.
In response to questions, Mr. Hubbard said the proposed funding would
connect the monument to the city network, allowing employees to change
lighting colors at their desk terminals. The interface will be made through a
fiber optic connection, which is not currently in place. Mr. Stafford said the
proposed funding will also add cameras to address security issues at the
monument. The cameras will be connected to the fiber circuit.
4. Police Department
4.1 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)
The Pinellas County Sheriff's Office (PCSO) and the Clearwater Police
Department (CPD) began annual contractual agreement for services in
January 1994. The agreements covered latent fingerprint examination, crime
scene processing services, property/evidence storage and a share of security
costs at the Pinellas Juvenile Assessment Center (PJAC).
The total cost for the proposed agreement for Fiscal Year 2016/2017 is
$489,671.00. This reflects a 5% increase from the $465,740 amount budgeted
in Fiscal Year 2015/2106. The amount is a decrease from the actual cost in
Fiscal Year 2014/2105 of$513,288.83.
The proposed contractual agreement reflects the following breakout of costs:
Fingerprint Services - 1,200 cases @ $80.38 each, totaling $96,456.00;
Forensic Science Services (Crime Scene Processing) - 1,100 calls for
service @ $218.65 each, totaling $240,515;
Evidence, Property Service and Storage - 10,000 items @ $11.28 each,
totaling $112,800;
Pinellas Juvenile Assessment Center(PJAC) - 475 bookings @ $84.00
each, totaling $39,900.
Requests for services in excess of the number of contractual calls will be
invoiced separately. Additionally, at the end of the contract, any funds
remaining from unused calls for service will be refunded to the City. The
$40,000.00 contingency amount will cover the number of calls for service
should they exceed those outlined in the proposed contract.
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APPROPRIATION CODE AND AMOUNT:
Funding for this contractual agreement and contingency funds are available in
the Police Department's fiscal year 2016/2017 operating budget,
010-01155-530300-521-000.
USE OF RESERVE FUNDS: N/A
In response to questions, Major Valveri said last year was an anomaly in
increased calls for service; spikes were experienced in May and throughout
the Summer. The spikes may have been associated with increased crimes at
the time and need for touch DNA testing. Major Valveri said the Sheriff
increased the fees last year, this year's fee has increased by 3%. The
Department has seen a decline in services, closer to the average number of
calls the past several years. The Sheriffs office is needed to handle the major
crime scenes, which involves specialized, expensive equipment. The
Department balances what it can handle and what is serviced through the
Sheriff's office.
5. Engineering
5.1 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)
City staff has worked with Pinellas Suncoast Transit Authority (PSTA) to
develop a Clearwater Beach Route Funding Agreement between both
agencies that would allow the City of Clearwater to contribute towards PSTA's
financial obligations under the Jolley Trolley agreement for Clearwater Beach
routes.
The Funding Agreement and Jolley Trolley Services Agreement cover Jolley
Trolley services beginning October 1, 2016 through September 30, 2017 and
current Jolley Trolley service routes. The Jolley Trolley Services Agreement
also outlines that both the City and PSTA understand that a Farebox Recovery
Goal and Advertising Goal have been set.
The City of Clearwater's base contribution is not to exceed $182,503, but does
not include the potential payment for a shortfall of the Advertising Recovery
Goal. This potential payment would be the lesser of (a) the difference between
the advertising revenue collected and the Advertising Recovery Goal or (b)
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$32,589.75.
City staff recommends approval of the Clearwater Beach Route Funding
Agreement between PSTA and the City of Clearwater for an amount not to
exceed $215,092.75.
APPROPRIATION CODE AND AMOUNT:
0435-01333-582000-545-000-0000 $182,503.00
0435-01333-582000-545-000-0000 $ 32,589.75
Funds are included in the proposed FY2017 Parking System Operating Budget
for the base contribution. A future budget amendment will be requested, if
required, to fund the Advertising Recovery Goal.
5.2 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)
The City's use of this Water Main Easement will support a new residential
development, currently under construction just north of downtown Clearwater.
Garden Trail Apartments is a garden style, affordable housing project
comprised of 52 two-bedroom /two-bathroom units and 24 three-bedroom /
three-bathroom units. Total project size is 3.06 acres located on North Garden
Avenue and adjacent to the Pinellas Trail. The property owner has agreed to
grant the easement at no cost to the City. The easement will allow the City to
provide potable water to residents of the complex.
5.3 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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6. Fire Department
6.1 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)
Pinellas County has produced an interlocal agreement between the Cities of
Clearwater, Largo, Pinellas Park, St. Petersburg and the Pinellas County
Board of County Commissioners to provide specialized rescue services to the
residents of Pinellas County. This agreement defines the obligations and
responsibilities of the Cities for these services in exchange for funding from
Pinellas County for a five-year period.
In order to provide specialized rescue services (technical rescues) to include
but not be limited to, confined space, high angle/advanced rope, trench and
excavation, water, wilderness, structural collapse, complex vehicles and
machinery extrication, to the residents of Pinellas County it is essential to
continue to develop the capability, expertise and resources to handle situations
where such rescues could occur.
To improve responsiveness and to increase efficiency, the aforementioned fire
agencies and the Pinellas County Regional 9-1-1 Center will continue to work
in conjunction to respond to situations where there is a unique and/or complex
rescue situation within Pinellas County in a uniform training, educational, and
fiduciary manner. The end result is a higher level of technical service provided
to the highly populated peninsula that is exposed to adverse weather,
man-made disasters, and natural populace actions that create emergencies
involving specialized rescues.
Each participating agency will be reimbursed by Pinellas County for up to
$56,400 in overtime and backfill staffing costs for personnel to attend training,
and up to $10,000 for the travel and training related expenses each year. The
proposed Technical Rescue Team Contract duration is five years with the
option to renew for an additional five year period upon mutual agreement.
7. Planning
7.1 Approve the annexation, initial Future Land Use Map designation of Residential Low
(RL) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR)
District for 2160 Bell Cheer Drive; and pass Ordinances 8914-16, 8915-16 and
8916-16 on first reading. (ATA2016-05007)
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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:
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
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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
7.2 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 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
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Council Work Session Meeting Minutes August 15, 2016
Clearwater, compact urban development within the urban
service area shall be promoted through application of the
Clearwater Community Development Code.
Objective A.7.2 Diversify and expand the City's tax base through
the annexation of a variety of land uses located within the
Clearwater Planning Area.
Policy A.7.2.3 Continue to process voluntary annexations for
single-family residential properties upon request.
• The proposed Residential Low (RL) Future Land Use Map category is
consistent with the current Countywide Plan designation of this
property. This designation primarily permits residential uses at a
density of 5 units per acre. The proposed zoning district to be assigned
to the property is the Low Medium Density Residential (LMDR) District.
The use of the subject property is consistent with the uses allowed in
the 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.
7.3 Approve the annexation, initial Future Land Use Map designation of Residential Low
(RL) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR)
District for 2112, 2138, and 2196/2198 Bell Cheer Drive; and pass Ordinances
8920-167 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
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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.
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
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Council Work Session Meeting Minutes August 15, 2016
limits along at least one property boundary. Therefore, the annexations
are consistent with Florida Statutes Chapter 171.044.
7.4 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 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
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
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Council Work Session Meeting Minutes August 15, 2016
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.
7.5 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
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Council Work Session Meeting Minutes August 15, 2016
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:
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
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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
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 questions, Planning Manager Robert Tefft said the proposed
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ordinance includes language that would allow residential sheds or separate
offices to be constructed in the backyard,height is limited to 15 ft. in residential
districts and no higher than the principal structure's height in non-residential
districts. A child's playhouse would be considered an accessory structure. Mr.
Tefft said outdoor retail sales and display is currently a use category, the
proposed amendment moves the category to the accessory use provision.
Staff was directed to provide information if the proposed amendment would
impact the current approval process requirement for outdoor retail sales and
display.
In response to questions, Mr. Tefft said the parking space requirement for
museums was lowered based on the facility's square footage that does not
generate patron parking (i.e., storage areas). The intent of the waterfront sight
visibility triangle provision is to help keep the line of sight open and not
obstructed. The proposed amendments would allow at grade structures inside
the sight triangle because it will not prohibit any view. Grass parking may be
allowed for excess parking spaces.
8. Public Utilities
8.1 Award a new contract (Purchase Order) to De Nora Water Technologies Inc., (De
Nora) Pittsburgh, PA, in the annual amount of$150,000.00 effective August 18, 2016,
and authorize the appropriate officials to execute same. (consent)
Reverse Osmosis Water Treatment Plant 1 (RO1) has an adsorption filter
system that used to meet primary drinking water compliance for arsenic. The
filter system utilizes a synthetic granular iron media specifically designed to
remove Arsenic and has a specific life. There are two filter vessels; "A" and "B"
within the system. It is estimated that every year at least one filter will require
new media. The media in Filter "A" has been replaced once. Filter "B" has
media that is very close to the end of its useful life.
De Nora Water Technologies will provide the media change-out service and
repairs for the arsenic adsorption system at R01 to continue compliance with
primary drinking water regulations. De Nora is the sole source provider and the
only qualified vendor to work on the underdrain of the adsorption filter system.
Please reference Exceptions to Bidding, City Code Section 2.564 (1)(b), Sole
Source.
Public Utilities Water Division believes there is a broken section of underdrain
material. Siemens makes a similar iron based media, which has a higher
density and moisture content. As the media vessel is currently configured, the
import media from Siemens is not compatible with the underdrain in the vessel
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Council Work Session Meeting Minutes August 15, 2016
and using this product would cause failures and plant shutdowns. Per the
manufacturer's recommendation, De Nora will add a layer of gravel to prevent
future underdrain failures.
The City currently has a 5-year performance bond on the Bayoxide E33, which
was a part of the R01 expansion project. The City required a 5-year
performance bond as it needed assurance that this new technology to remove
arsenic would be effective and the replacement media would continue to be
available for at least that time period. Using any other media for the
change-out would void the performance bond. However, the proposed
modification to this underdrain system by De Nora would then allow the
Siemens product to be considered in the future.
APPROPRIATION CODE AND AMOUNT:
0327-96721-563800-533-000-0000 $150,000.00
Sufficient funding is available in the Utility Renewal and Replacement Fund
0327-96721, System R & R Maintenance to fund the current fiscal year's cost
of$150,000.00 of the contract.
8.2 Groundwater Replenishment Project Update (WSO)
Public Utilities Director Dave Porter presented a PowerPoint presentation.
In response to questions, Mr. Porter said the project will be a guaranteed
source of water now and into the future. The impact it may have on future rates
would depend on how much water can be used from the aquifer versus how
much must be purchased from Pinellas County or Tampa Bay Water. The
project will allow the City to take 3.8 million gallons a day currently being
discharged to the bay back into the aquifer. The individuals who worked on
this were from the University of Florida and are nationally acclaimed. There
are nine similar projects underway in Florida.
The Council recessed from 3:07 p.m. to 3:15 p.m.
9. Solid Waste
9.1 Approve an annual contract (blanket purchase order) with Wastequip, LLC,
Statesville, NC, in the amount of$175,000 for the purchase of compactors and
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Council Work Session Meeting Minutes August 15, 2016
compactor parts and authorize the appropriate officials to execute same. (consent)
The City of Clearwater's Solid Waste Department provides collection service
for putrescible garbage and recyclable cardboard from commercial customers.
Large amounts of this debris may be transported in self-contained compactor
units and charge box containers by City collection vehicles to State-permitted
disposal facilities.
The Department has approximately 100 compactor customers in the city and
adds new customers on a regular basis, establishing the need for new
compactors. Solid Waste has a container maintenance section that performs
repairs and refurbishing of compactors as needed, but occasionally
replacement is necessary. This contract will provide for the purchase of new
account equipment, replacement equipment, and repair parts.
The standardization of Wastequip compactors expedites contract repairs and
maintenance, eliminates excessive equipment downtime, as well as reduces
the inventory volume of parts and supplies to be maintained (pursuant to
Section 21: Standardization, of the City's Purchasing Manual).
Competitive Wastequip pricing is available on NJPA (National Joint Powers
Association) contract 060612-WQI. City Code 2.564 Exceptions to bid and
quotation procedure, Item (d) provides for the utilization of cooperative
purchasing contracts previously awarded by other governmental entities.
The Solid Waste Department requests Council authorization to piggyback the
designated NJPA purchasing contract, awarded to Wastequip, LLC,
Statesville, NC.
APPROPRIATION CODE AND AMOUNT:
Funding for this contract is available in capital project 315-96444, Commercial
Container Acquisition.
10. Legal
10.1Adopt 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.
10.2Adopt 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.
10.3Amend 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
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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
which is not currently addressed in the council rules. Therefore, the City
Council desires to amend the Council Rules to address this issue
10.4Request 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)
An action was brought by the City against B.R.W. Contracting, Inc., to recover
damages arising from sewer backups in several houses during construction of
the Overlea Street and Stevenson Drive gravity sewer improvements. This
construction was conducted under the auspices of a contract between B.R.W.
and the City entitled "Overlea Street and Stevenson Drive Gravity Sewer
Improvements (03-0037-UT)." The damages to the houses referred to above
were paid by the City and the City seeks reimbursement from B.R.W.
The proposal would provide for the settlement of all claims in exchange for
payment of$150,000.00.
10.5Approve 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)
On January 13, 2011, City Council authorized negotiation and drafting of a
subordination agreement and modification of the reverter rights held by the
City in a portion of the Clearwater Marine Aquarium Property. BB and T is
requesting that the City agree to subordinate its reverter interest to up to $25
million dollar loan.
The subordination Agreement provides among other things that:
The City subordinate its reverter rights applicable to Parcel 1 to a mortgage
of up to $25,000,000. As presently drafted, the Subordination Agreement
precludes any action on behalf of the city to enforce the reverter or other
restrictions on the property unless the City first pays off the existing
indebtedness on the Aquarium.
In return for the City's subordination, BB and T will provide the City with the
right of first refusal to acquire its first mortgage position and/or title, if
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Council Work Session Meeting Minutes August 15, 2016
applicable, to Parcels 1, 2 and 3, should the City elect to exercise its reverter
rights by paying off the existing indebtedness in the event of the Aquarium's
default or demise.
In addition, the subordination agreement will include provisions preventing
additional loans secured by these parcels and will include prohibitions on the
replenishment of the debt as the outstanding balance is paid down, absent
City approval.
The City will have no obligation to purchase the mortgage, nor is the City
guaranteeing any debt.
Should the Aquarium fail and/or default on the outstanding indebtedness, and
BB and T pursues its mortgage rights, the City would have the option to either
obtain control of the entire CMA campus (all Parcels) in return for payment of
the then existing debt balance, or waive this option, with BB and T then able
to proceed with foreclosure on the Parcels.
In response to questions, the City Attorney said there is no obligation to the
City on any amounts borrowed. In the event the CMA defaults on their debt,
the bank will be able to sell the property without it reverting back to the City.
The City will not get the aquarium property on Island Estates back unless the
City chooses to pay the debt.
Staff was directed to place the item on the Consent Agenda.
11. City Manager Verbal Reports
The City Manager said the Clearwater Community Forum being held tonight at
the North Greenwood Recreation Center will focus on policing issues, Police
Chief Daniel Slaughter will be in attendance. Other topics to be discussed
include urban affairs and youth employment. He said he would address those
topics and seek further clarification.
The City Clerk said the forum was noticed as a community meeting to be
attended by Council. The forum was not noticed as a council meeting. The City
Attorney said since the forum was not noticed as a council meeting and
minutes would not be taken, Councilmembers can attend the forum but should
refrain from conversing amongst the group and interacting with each other.
12. City Attorney Verbal Reports — None.
13. Council Discussion Item
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13.1 Illegal dumping in North Greenwood and actions taken to resolve - Vice Mayor Jonson
Vice Mayor Bill Jonson said he has received emails regarding illegal dumping
on vacant lots in the North Greenwood area. He requested consideration be
given to do what St. Petersburg is doing. He said Issay Gulley complained that
illegal dumping was occurring on vacant lots held by the Clearwater
Neighborhood Housing Authority. Vice Mayor Jonson toured the area and
realized the problem was limited to vacant lots in the central North Greenwood
area in which the property owner is not paying the solid waste pick up fee.
There are approximately sixteen properties affected by the problem. The
Police Department recently organized a neighborhood clean up but
unfortunately the problem still persists.
In response to a question, Solid Waste and General Services Director Earl
Gloster said property owners on vacant lots do not pay the solid waste pick up
fee since the utilities are not turned on.
Code Compliance Manager Terry Teunis said the problem exist throughout
the city and primarily a vacant lot issue. The obligation of ownership is
identified in the code, whether trash or debris, the property owner must rectify
the issue. In Ms. Gulley's case, a tremendous amount of debris has been
dumped on these lots. Mr. Teunis said the City posts the property with a 5-day
Nuisance Abatement Notice. Should the property owner not respond to the
posted notice, the City then has the ability to clean up the property. Recently,
Code Compliance has asked Solid Waste to pick up the debris after posting
the notice and lien the property with a nuisance abatement fee. Another option
that may be pursued is a criminal investigation by the police department.
In response to questions, Mr. Teunis said the debris material consists of grass
clippings, t.v. sets, etc. Police Chief Daniel Slaughter said the illegal dumping
is a police matter. The Department said in addition to the neighborhood
clean-up day, a surveillance trailer was utilized to gather information and
charge a suspect. Staff is also trying to energize the neighborhood to not
tolerate the problem. Mr. Teunis said Code Compliance works with the police
every time this issue arises.
It was suggested that Sunshine Lines include an article on the problem.
14. New Business (items not on the agenda may be brought up asking they be
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scheduled for subsequent meetings or work sessions in accordance with Rule 1,
Paragraph 2).
Councilmember Caudell asked if Council would be interested in the City
Manager directing Police Chief Daniel Slaughter to look into License Plate
Readers (LPR) to help the Police Department track data. She suggested the
Memorial Causeway bridge and the Sand Key bridge as locations for these
devices.
Chief Slaughter said the LPR takes pictures of every vehicle and checks the
vehicle against a "hot list"and will automatically send an alert. The
department currently has a vehicle with this technology and as it drives around
throughout the day, the system will automatically alert the officer of a wanted
vehicle. He said staff is looking at technology that could integrate with the
Pinellas County Sheriffs Office (PCSO) who are looking to expand their
system, PCSO and CPD could share data. He said he spoke to the Sheriff
about purchasing static trailers with the LPR so the systems could be easily
moved around if need be. Chief Slaughter said there are restrictions on
putting these trailers on FDOT right-of-ways, which includes Memorial
Causeway. Staff would need to make sure the trailers are placed in
compliance with FDOT regulations.
Councilmember Caudell raised a concern regarding significant vegetation
growing out of both sides of the Memorial Causeway bridge. She said the
City needs to work with FDOT as vegetation growing on walls promotes a root
system which could lead to a structural issue in the future.
City Manager Bill Horne said staff has reported the situation to FDOT and that
the situation is in their hands to address.
15. Closing Comments by Mayor — None.
16. Adjourn
The meeting at 3:56 p.m.
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