06/14/2017
City Council Meeting Minutes June 14, 2017
City of Clearwater
City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
Meeting Minutes
Wednesday, June 14, 2017
6:00 PM
Council Chambers
City Council
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City of Clearwater
City Council Meeting Minutes June 14, 2017
Roll Call
Present:
5 - Mayor George N. Cretekos, Vice Mayor Hoyt Hamilton,
Councilmember Doreen Caudell, Councilmember Bob Cundiff and
Councilmember Bill Jonson
Also Present:
William B. Horne II – City Manager, Jill Silverboard – Deputy City
Manager, Micah Maxwell – Assistant City Manager, Pamela K. Akin -
City Attorney, Rosemarie Call - City Clerk and Nicole Sprague –
Official Records and Legislative Services Coordinator
To provide continuity for research, items are listed in agenda order although not
necessarily discussed in that order.
1. Call to Order – Mayor Cretekos
The meeting was called to order at 6:00 p.m. at City Hall.
2. Invocation – Pastor Steve Kreloff from Lakeside Community Chapel
3. Pledge of Allegiance – Councilmember Jonson
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
Clearwater Police Department Volunteers Check Presentation - Rob Shaw
Clearwater Police Department volunteers perform a wide variety of services for
the agency. Those services free up police officers for other purposes and
result in a large savings to the city. In 2016, 45 volunteers worked a total of
10,348 hours, resulting in a savings to the city of $287,467.
4.2
Sky Tran Update - Tom Nocera
Mr. Nocera provided a PowerPoint presentation and updated Council on
SkyTran's recent activities.
5. Approval of Minutes
5.1
Approve the minutes of the June 1, 2017 City Council Meeting as submitted in written
summation by the City Clerk.
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City Council Meeting Minutes June 14, 2017
Councilmember Jonson moved to approve the minutes of the June
1, 2017 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 – None.
7. Consent Agenda – Approved as submitted.
7.1
Approve two agreements between USA Softball, Inc, of Oklahoma City, Oklahoma,
and the City of Clearwater, for hosting the 2017 USA Softball GOLD 18U and 16 U
Fast-Pitch tournaments, July 16-22, 2017 and authorize the appropriate officials to
execute same. (consent)
7.2
Award a contract (purchase order) to Caladesi Construction Company (Caladesi) of
Largo Fl., Bid 16-0035-PR for the construction of the Morningside Recreation Center
Building located at 2400 Harn Blvd. in the amount of $5,702,809.73, including 10%
contingency; transfer $385,000 of Gas revenues and $815,000 of general fund
reserves at third quarter to the Morningside Recreation Center (CIP 315-93251) and
authorize the appropriate officials to execute same. (consent)
7.3
Approve Williamson Dacar Associates of Clearwater, Florida as the Architect of
Record (AOR) to complete a feasibility study to enhance and/or repurpose areas of
the Main Library to coordinate with modifications to Coachman Park as an element of
Imagine Clearwater. (consent)
7.4
Approve Amendment 1 to an agreement between the City of Clearwater (the City)
and the Florida Department of Economic Opportunity, for a Community Planning
Technical Assistance Grant to prepare Comprehensive Plan amendments to address
the Peril of Flood requirements in Florida Statutes, to amend Deliverable 2 within the
Scope of Work to establish that the City will present proposed comprehensive plan
amendments to the Community Development Board (local planning agency) for
recommendation by June 23, 2017, and authorize the appropriate officials to execute
same. (consent)
7.5
Approve License and Services Agreements to Microsoft, Inc. of Redmond, WA, and
Planet Technologies, Inc. of Germantown, MD for an amount not to exceed
$1,670,000.00 for cloud based office management software licensing, software
maintenance, and professional services, and authorize the appropriate officials to
execute same. (consent)
7.6
Approve a proposal from Construction Manager at Risk Cathey Construction and
Development, LLC of Mexico Beach, FL, in the amount of $165,396.45 for
improvements to Municipal Services Building - Security Upgrades (CC-1704) and
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authorize the appropriate officials to execute same. (consent)
7.7
Approve a contract (purchase order) with Kubra Data Transfer Ltd (Kubra),
Mississauga, ON, to provide electronic bill presentment and payment services for the
City of Clearwater and authorize the appropriate officials to execute same. (consent)
7.8
Appoint Thomas Hinson, Jr. as the business owner or representative and Laura
Canary as the agency or government representative to the Brownfields Advisory
Board with terms expiring June 30, 2021. (consent)
7.9
Appoint Rosemarie Kibitlewski to the Library Board with a term to expire June 30,
2021. (consent)
7.10
Appoint Ronald D. Mason to the Airpark Advisory Board with a term to expire April 30,
2021. (consent)
7.11
Designate Mayor George N. Cretekos to serve as the City’s official voting delegate at
the Florida League of Cities’ Annual Conference, August 17-19, 2017. (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
Declare surplus for the purpose of a land swap, three parcels of certain real property
in Section 16, Township 29 South, Range 15 East, formerly used respectively as
right-of-way, a meeting facility as a part of old Fire Station 45, and a parking lot
consisting of 9 parking spaces adjacent to the North Garden Avenue Parking Garage;
exchange the three surplus lots for a strategic parcel in the downtown, which is of
greater value, by the Church of Scientology Flag Service Organization, Inc. (COS) and
authorize the appropriate officials to execute same.
The City is the owner of three parcels of land more particularly described as:
600 Franklin Street - The South 60’ of Lot 1, Block 7, Gould & Ewing’s
1st and 2nd Addition to Clearwater-Harbor Fla, Plat Book 1, Page 52,
Public Records of Hillsborough County, of which Pinellas County was
formerly a part.
Dedicated Right-of-Way - a portion of Lot 34 and a portion of the
vacated Haven Street, Court Square Subdivision, Plat Book 5, Page 53,
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Public Records of Pinellas County, Florida.
The North 37’ of the West 121’ of the South half of Lot 1, Block 5, of
Gould & Ewing’s 1st and 2nd Addition to Clearwater-Harbor Fla., Plat
Book 1, Page 52, of the Public Records of Hillsborough County, Florida,
of which Pinellas County was formerly a part.
The Right-of-Way parcel is located on the north side of Court Street,
in-between S Garden Avenue and S Fort Harrison Avenue, and contains
right-of-way dedicated as Haven Street by plat and right-of-way dedicated by
ordinance over city-owned property.
The Haven Street portion of the Right-of-way parcel was dedicated by plat in
Plat Book 5, Page 53, Official Records of Pinellas County, Florida in 1922, and
will join the adjacent fee-owned lots by operation of law upon vacation. The
right-of-way dedicated over city-owned Lots 34 and 45 of Court Square
Subdivision by Resolution No. 79-50 in Official Records Book 4867, Page
1478, will remain in city ownership to be conveyed as part of the swap.
Following the vacation of the Right-of-way parcel, the remaining city-owned
property will be approximately 4,750 S.F. The appraised value of said land has
been determined by James Millspaugh & Associates, Inc, to be $200,000.
The second city-owned parcel is located at 600 Franklin Street, and formerly
housed a building that was used as a fire hall meeting/headquarters for
Clearwater Fire Department as a part of old Fire Station 45. The property is
approximately 3,660 S.F. and the appraised value of the parcel has been
determined by James Millspaugh & Associates, Inc, to be $155,000.
The third parcel is located at 28 North Garden Avenue and is known as the
City of Clearwater’s North Garden Avenue Parking Lot. This lot abuts
Watterson Avenue to the west, and is in between Cleveland Street and
Hendricks Street. This parking lot is roughly 4,500 S.F. and includes 9 parking
spaces, open to the public. The rate at this lot is $0.50 an hour with a
maximum time limit of 2 hours. The appraised value of this property, as
determined by James Millspaugh & Associates, Inc, is $70,000.
The property owned by COS, to be exchanged to the city is a paved parking lot
in disrepair at the southwest corner of Martin Luther King Jr Avenue and
Cleveland Street, Parcel ID# 15-29-15-53928-0005-0011. The COS parcel is
currently owned by 1133 Cleveland Properties, LLC. The Church of
Scientology Flag Services Organization, Inc. is under contract to purchase this
property as a pre-requisite to the land swap. The appraised value of this
property, as determined by James Millspaugh & Associates, Inc, is $600,000.
With the Nolen apartment complex and accompanying amenities in the
finishing stages, the COS property is a strategic parcel that will provide parking
in the immediate area.
Per City Charter Section 2.01(d)(5)(iv), real property declared surplus may be
exchanged for other real property having a comparable appraised value.
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In response to questions, Engineering Director Mike Quillen said the
entrance sign for Downtown Clearwater would be located at the
triangle property on Court Street.
On individual spoke in support.
One individual spoke in opposition.
A comment was made that the parcel adjacent to the old fire station site
may hold redevelopment value.
Vice Mayor Hamilton moved to continue Item 8.1 to a date
uncertain. The motion was duly seconded and carried with the
following vote:
Ayes:
4 - Mayor Cretekos, Vice Mayor Hamilton, Councilmember Caudell and
Councilmember Jonson
Nays:
1 - Councilmember Cundiff
8.2
Approve the request from City of Clearwater staff to vacate a portion of Public
Right-of-Way of Haven Street and real property dedicated as Right-of-Way in Official
Records 4867, Page 1478; pass Ordinance 9049-17 on first reading and authorize the
appropriate officials to execute same. (VAC2017-07)
As a pre-requisite to a land swap between the City of Clearwater and the
Church of Scientology Flag Service Organization, Inc. (COS), it is necessary to
vacate Haven Street and real property that was dedicated as Right-of-Way in
Official Records 4867, Page 1478.
This land swap, which is outlined in more depth in the contract’s agenda item,
will exchange three city owned and surplus properties for a strategic property
owned by the COS.
In order to support existing utilities, the City will retain a blanket general utility,
drainage and gas easement over the entire premises to be vacated.
Easements will need to be retained by private utility companies, to sustain their
current utilities, as well.
All city departments have reviewed this vacation and have no objection.
Assistant City Attorney Laura Mahony said there are four conditions to
the vacation, one of which is the declaration of surplus. If the property is
not going to be declared surplus, the vacation would not become
effective. If the declaration of surplus was continued, it would be logical
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to continue the vacation.
One individual spoke in support.
In response to a question, Engineering Director Mike Quillen said the
City would not be able to use the existing parking spaces if the City
proceeded with the vacation.
Councilmember Jonson moved to continue Item 8.2 to a date
uncertain. The motion was duly seconded and carried
unanimously.
8.3
Approve an extension on the temporary moratorium for medical marijuana dispensing
organizations established by Ordinance 8995-17 and pass Ordinance 9050-17 on first
reading.
On November 8, 2016, Florida voters approved an amendment to the Florida
Constitution, titled “Use of Marijuana for Debilitating Medical Conditions”
(Amendment 2). Amendment 2 became effective on January 3, 2017.
Amendment 2 has legalized under state law throughout the State of Florida the
medical use of cannabis for a “Debilitating Medical Condition,” which is defined
to mean “cancer, epilepsy, glaucoma, positive status for human
immunodeficiency virus (HIV), acquired immune deficiency syndrome (AIDS),
post-traumatic stress disorder (PTSD), amyotrophic lateral sclerosis (ALS),
Crohn's disease, Parkinson's disease, multiple sclerosis, or other debilitating
medical conditions of the same kind or class as or comparable to those
enumerated, and for which a physician believes that the medical use of
marijuana would likely outweigh the potential health risks for a patient.”
Amendment 2 has also legalized under state law throughout the State of
Florida the operation of a “Medical Marijuana Treatment Center” (MMTC),
which is defined to mean “an entity that acquires, cultivates, possesses,
processes (including development of related products such as food, tinctures,
aerosols, oils, or ointments), transfers, transports, sells, distributes, dispenses,
or administers marijuana, products containing marijuana, related supplies, or
educational materials to qualifying patients or their caregivers and is registered
by the Department \[of Health\].”
Amendment 2 required the Florida Department of Health to adopt specified
regulations pertaining to MMTCs within 6 months from the effective date of the
amendment, such as procedures for the registration of MMTCs that include
procedures pertaining to the issuance, renewal, suspension and revocation of
registration, and standards ensuring proper security, record keeping, testing,
labeling, inspection, and safety, as well as regulations defining the amount of
marijuana that could reasonably be presumed to be an adequate supply for
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qualifying patients’ medical use, based on the best available evidence.
Amendment 2 also authorized the Florida legislature to enact laws consistent
with the Department of Health’s constitutional duties.
In order to promote effective land use planning, the City Council imposed a
temporary moratorium in Ordinance 8775-17 until July 2, 2017 on the operation
of MMTCs or the operation of any additional “Dispensing Organizations within
the City of Clearwater to preserve the status quo while awaiting the
promulgation of regulations by the Florida Department of Health and the
possible adoption of laws by the Florida legislature pertaining to MMTCs so
that the Department of Planning and Development for the City of Clearwater
would have an opportunity to review such rules and laws and to research,
study and analyze the potential impact of MMTCs and “Dispensing
Organizations” upon adjacent uses and the surrounding area and the effect of
MMTCs and “Dispensing Organizations” on the general welfare.
The Florida legislature, however, ended its 2017 regular session without
enacting any laws regulating MMTCs, leaving it to the Florida Department of
Health to adopt specified regulations pertaining to MMTCs. Moreover, the
Florida Department of Health as of May 9, 2017 has not yet adopted specified
regulations and has until July 2, 2017 to do so.
Due to the historical prohibition of cannabis, the City of Clearwater does not
currently have any land development regulations governing the use of real
property for purposes of cultivating, processing, distributing, or selling
cannabis. In fact, one dispensary of cannabis is already operating within the
City of Clearwater pursuant to Section 381.986, Florida Statutes.
Without knowing what regulations the Florida Department of Health may adopt,
the Department of Planning and Development for the City of Clearwater is
unable to adequately formulate land development regulations that
appropriately govern the use of real property for purposes of cultivating,
processing, distributing, or selling marijuana or for related activities.
An extension of the temporary moratorium imposed by Ordinance 8775-17 for
an additional ninety days will enable the City of Clearwater a sufficient period of
time to analyze the regulations adopted by the Florida Department of Health
and then formulate and adopt land development regulations that appropriately
govern the use of real property for purposes of cultivating, processing,
distributing, or selling marijuana or for related activities
In response to a question, Police Chief Daniel Slaughter said the
dispensary located within city limits will continue to operate.
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Councilmember Cundiff moved to approve an extension on the
temporary moratorium for medical marijuana dispensing
organizations established by Ordinance 8995-17. The motion was
duly seconded and carried unanimously.
Ordinance 9050-17 was presented and read by title only. Vice
Mayor Hamilton moved to pass Ordinance 9050-17 on first reading.
The motion was duly seconded and upon roll call, the vote was:
Ayes:
5 - Mayor Cretekos, Vice Mayor Hamilton, Councilmember Caudell,
Councilmember Cundiff and Councilmember Jonson
8.4
Approve the annexation, initial Future Land Use Map designation of Residential Urban
(RU) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR)
District for 3059 Cherry Lane and pass Ordinances 9033-17, 9034-17 and 9035-17 on
first reading. (ANX2017-04007)
This voluntary annexation petition involves a 0.23-acre property consisting of
one parcel of land occupied by a single family home. The parcel is located on
the south side of Cherry Lane approximately 275 feet west of McMullen Booth
Road. The applicants are requesting annexation in order to receive solid waste
and sanitary sewer service from the City. The property is located within an
enclave and is contiguous to existing city limits to the north, west, and south. It
is proposed that the property be assigned a Future Land Use Map designation
of Residential Urban (RU) 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. Collection
of solid waste will be provided to the property by the City. The closest
sanitary sewer line is located in the adjacent Cherry Lane right-of-way.
The applicants understand that the sewer impact and assessment fees
must be paid in full prior to connection and are aware of the additional
costs to extend city sewer service to this property. The property is
located within Police District III and service will be administered through
the district headquarters located at 2851 N. McMullen Booth Road. Fire
and emergency medical services will be provided to this property by
Station 49 located at 565 Sky Harbor Drive. The City has adequate
capacity to serve this property with sanitary sewer, solid waste, police,
fire and EMS service. The proposed annexation will not have an
adverse effect on public facilities and their levels of service; and
The proposed annexation is consistent with and promotes the following
objectives and policy of the Clearwater Comprehensive Plan:
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Objective A.6.4 Due to the built-out character of the City of
Clearwater, compact urban development within the urban
service area shall be promoted through application of the
Clearwater Community Development Code.
Objective A.7.2 Diversify and expand the City’s tax base through
the annexation of a variety of land uses located within the
Clearwater Planning Area.
Policy A.7.2.3 Continue to process voluntary annexations for
single-family residential properties upon request.
The proposed Residential Urban (RU) Future Land Use Map category
is consistent with the current Countywide Plan designation of this
property. This designation primarily permits residential uses at a
density of 7.5 units per acre. The proposed zoning district to be
assigned to the property is Low Medium Density Residential (LMDR).
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
limits to the north, west, and south; therefore, the annexation is
consistent with Florida Statutes Chapter 171.044.
Councilmember Jonson moved to approve the annexation, initial
Future Land Use Map designation of Residential Urban (RU) and
initial Zoning Atlas designation of Low Medium Density Residential
(LMDR) District for 3059 Cherry Lane. The motion was duly
seconded and carried unanimously.
Ordinance 9033-17 was presented and read by title only.
Councilmember Caudell moved to pass Ordinance 9033-17 on first
reading. The motion was duly seconded and upon roll call, the vote
was:
Ayes:
5 - Mayor Cretekos, Vice Mayor Hamilton, Councilmember Caudell,
Councilmember Cundiff and Councilmember Jonson
Ordinance 9034-17 was presented and read by title only.
Councilmember Cundiff moved to pass Ordinance 9034-17 on first
reading. The motion was duly seconded and upon roll call, the vote
was:
Ayes:
5 - Mayor Cretekos, Vice Mayor Hamilton, Councilmember Caudell,
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City Council Meeting Minutes June 14, 2017
Councilmember Cundiff and Councilmember Jonson
Ordinance 9035-17 was presented and read by title only. Vice
Mayor Hamilton moved to pass Ordinance 9035-17 on first reading.
The motion was duly seconded and upon roll call, the vote was:
Ayes:
5 - Mayor Cretekos, Vice Mayor Hamilton, Councilmember Caudell,
Councilmember Cundiff and Councilmember Jonson
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 an unaddressed parcel located on the south side of Otten Street,
approximately 330 feet west of North Highland Avenue, and pass Ordinances
9036-17, 9037-17 and 9038-17 on first reading. (ANX2017-04008)
This voluntary annexation petition involves a 0.163-acre property consisting of
one parcel of land which is currently vacant. The parcel is located on the south
side of Otten Street, approximately 330 feet west of Highland Avenue. The
applicant is requesting annexation in order to receive solid waste, sanitary
sewer, and water service from the City. The applicant intends to build a single
family home on the property; however, no site plans have been submitted. The
property is located within an enclave and is contiguous to existing city limits to
the north, west, and east. 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:
Collection of solid waste will be provided to the property by the City.
The closest sanitary sewer and potable water lines are located in the
adjacent Otten Street right-of-way. The applicant understands that the
sewer and water impact and assessment fees must be paid in full prior
to connection, and is aware of the additional costs to extend City sewer
and water service to this property. The property is located within Police
District II and service will be administered through the district
headquarters located at 645 Pierce Street. Fire and emergency medical
services will be provided to this property by Station 51 located at 1720
Overbrook Avenue. The City has adequate capacity to serve this
property with sanitary sewer, solid waste, water, 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
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City Council Meeting Minutes June 14, 2017
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 Low Medium Density Residential (LMDR). 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
limits to the north, west, and east; therefore, the annexation is
consistent with Florida Statutes Chapter 171.044.
Councilmember 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 an unaddressed parcel located on the south
side of Otten Street, approximately 330 feet west of North Highland
Avenue. The motion was duly seconded and carried unanimously.
Ordinance 9036-17 was presented and read by title only.
Councilmember Caudell moved to pass Ordinance 9036-17 on first
reading. The motion was duly seconded and upon roll call, the vote
was:
Ayes:
5 - Mayor Cretekos, Vice Mayor Hamilton, Councilmember Caudell,
Councilmember Cundiff and Councilmember Jonson
Ordinance 9037-17 was presented and read by title only.
Councilmember Cundiff moved to pass Ordinance 9037-17 on first
reading. The motion was duly seconded and upon roll call, the vote
was:
Ayes:
5 - Mayor Cretekos, Vice Mayor Hamilton, Councilmember Caudell,
Councilmember Cundiff and Councilmember Jonson
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Ordinance 9038-17 was presented and read by title only. Vice
Mayor Hamilton moved to pass Ordinance 9038-17 on first reading.
The motion was duly seconded and upon roll call, the vote was:
Ayes:
5 - Mayor Cretekos, Vice Mayor Hamilton, Councilmember Caudell,
Councilmember Cundiff and Councilmember Jonson
8.6
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 3035 Hoyt Avenue and pass Ordinances 9039-17, 9040-17, and 9041-17
on first reading. (ANX2017-04009)
This voluntary annexation petition involves a 0.21-acre property consisting of
one parcel of land occupied by a single-family dwelling. The property is
located on the southeast corner of Hoyt Avenue and Moss Avenue
approximately 650 feet west of N McMullen Booth Road. The applicants are
requesting annexation in order to receive sanitary sewer and solid waste
service from the City and will be connected to the city sanitary sewer as part of
the Kapok Terrace Sanitary Sewer System Extension Project. The property is
located within an enclave and is contiguous to existing city boundaries on the
south and west. 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 Community Development Code
Section 4-604.E as follows:
The property currently receives water service from the City of
Clearwater. Collection of solid waste will be provided to the property by
the City. The applicants will connect to the City’s sanitary sewer service
when it is available, and are aware of the fee that must be paid in order
to connect and the financial incentives available. The property is
located within Police District III and service will be administered through
the district headquarters located at 2851 N. McMullen Booth Road. Fire
and emergency medical services will be provided to the property by
Station 49 located at 565 Sky Harbor Drive. The City has adequate
capacity to serve the property with sanitary sewer, solid waste, police,
fire and EMS service. The proposed annexation will not have an
adverse effect on public facilities and their levels of service; and
The proposed annexation is consistent with and promotes the following
objectives and policy of the Clearwater Comprehensive Plan:
Objective A.6.4 Due to the built-out character of the City of
Clearwater, compact urban development within the urban
service area shall be promoted through application of the
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Clearwater Community Development Code.
Objective A.7.2 Diversify and expand the City’s tax base through
the annexation of a variety of land uses located within the
Clearwater Planning Area.
Policy A.7.2.3 Continue to process voluntary annexations for
single-family residential properties upon request.
The proposed Residential Low (RL) Future Land Use Map category is
consistent with the current Countywide Plan designation of this
property. This designation primarily permits residential uses at a
density of 5 units per acre. The proposed zoning district to be assigned
to the property is the Low Medium Density Residential (LMDR) District.
The use of the subject property is consistent with the uses allowed in
the District and the property exceeds the District’s minimum
dimensional requirements. The proposed annexation is therefore
consistent with the Countywide Plan and the City’s Comprehensive
Plan and Community Development Code; and
The property proposed for annexation is contiguous to existing city
boundaries on the south and west; therefore the annexation is
consistent with Florida Statutes Chapter 171.044.
Councilmember 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 3035 Hoyt Avenue. The motion was duly
seconded and carried unanimously.
Ordinance 9039-17 was presented and read by title only.
Councilmember Caudell moved to pass Ordinance 9039-17 on first
reading. The motion was duly seconded and upon roll call, the vote
was:
Ayes:
5 - Mayor Cretekos, Vice Mayor Hamilton, Councilmember Caudell,
Councilmember Cundiff and Councilmember Jonson
Ordinance 9040-17 was presented and read by title only.
Councilmember Cundiff moved to pass Ordinance 9040-17 on first
reading. The motion was duly seconded and upon roll call, the vote
was:
Ayes:
5 - Mayor Cretekos, Vice Mayor Hamilton, Councilmember Caudell,
Councilmember Cundiff and Councilmember Jonson
Ordinance 9041-17 was presented and read by title only. Vice
Mayor Hamilton moved to pass Ordinance 9041-17 on first reading.
The motion was duly seconded and upon roll call, the vote was:
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City Council Meeting Minutes June 14, 2017
Ayes:
5 - Mayor Cretekos, Vice Mayor Hamilton, Councilmember Caudell,
Councilmember Cundiff and Councilmember Jonson
8.7
Provide direction on the proposed Development Agreement between Gulfview
Lodging, LLP (the property owner) and the City of Clearwater, providing for the
allocation of 59 units from the Hotel Density Reserve under Beach by Design and
confirm a second public hearing in City Council Chambers before City Council on July
20, 2017 at 6:00 p.m., or as soon thereafter as may be heard. (HDA2017-04001)
Site Location and Existing Conditions:
The 0.59-acre “L”-shaped site is located at the northeast corner of South
Gulfview Boulevard and Fifth Street and wraps around the McDonald’s parking
lot and Frenchy’s Beach Café to the west. The property is comprised of two
parcels with a frontage of approximately 60 feet along South Gulfview
Boulevard (Beach Walk), 210 feet along Fifth Street and 165 feet along
Coronado Drive. The south parcel is 0.36 acres and is occupied by a five-story
32-unit hotel where the site would otherwise be permitted 18 units (the site is
over-dense by 14 units). This lot area includes 2,195 square feet of the South
Gulfview Boulevard right-of-way which would need to be vacated by the City.
The north parcel is 0.23 acres and is occupied by a 3,220 sq. ft. Mixed Use
with 2,240 sq. ft. of office space and 980 sq. ft. dedicated to a single dwelling
unit. This parcel was the subject of a Level II Flexible Development application
approved by the Community Development Board on November 19, 2013. The
subject property is zoned Tourist (T) District with an underlying Future Land
Use Plan (FLUP) category of Resort Facilities High (RFH). The subject
property is also located within the Beach Walk District of Beach by Design.
Vehicular access to the site is provided via two curb cuts along Coronado Drive
and a drop curb along most of the length of the south side of the site along
Fifth Street. Parking for the hotel is currently provided under the hotel building
and parking spaces which exist at least partially if not entirely within and back
out into the Fifth Street right-of-way. A parking lot services the mixed use
building on the north portion of the site.
The immediate area is characterized by a variety of uses including overnight
accommodation, retail, outdoor recreation/entertainment, restaurant and
attached dwelling uses. A portion of Beach Walk runs along the west side of
the site adjacent to the existing hotel.
Development Proposal:
The current proposal is to demolish all structures on the site and build a single
seven-floor hotel with 88 hotel rooms (150 units per acre). It is important to
note that the proposed number of units (88) is dependent on the vacation of
2,195 sq. ft. of the South Gulfview Boulevard. This point is noted in Section
6.2.4 of the Development Agreement. This area is included in the total site
area of 0.59 acres.
The applicant intends to request a Termination of Status of Nonconformity as
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City Council Meeting Minutes June 14, 2017
part of a Level II Flexible Development application. Approval of that application
(not yet submitted) would render the 32 existing units on the hotel parcel
(where 18 are otherwise permitted at 50 units per acre) conforming. The north
parcel yields 11 hotel units. Assuming approval of a Termination of Status of
Nonconformity request the total permitted number of permitted units would be
43. The 88 total proposed units include those 43 units and an additional 45
units from the Hotel Density Reserve through Beach by Design. The applicant
is requesting 59 units from the Reserve in the event a Termination of Status of
Nonconformity is either not requested or denied in order to maintain the
designed density of 150 units per acre or 88 units.
The building will be 95 feet (from Base Flood Elevation) to roof with the parking
on the first two floors (Sheets A2_1 and 2). The proposal includes a tropical
modern architecture, which is consistent with and complements the tropical
vernacular envisioned in Beach by Design.
The site will be accessed via a two driveways from Fifth Street with one at the
southwest corner of the site and a second driveway located at the southeast
corner. The primary entrance and lobby of the building will be located at the
southwest corner of the building on the third floor (Sheet A2_3).
As noted, the first (ground) and second floors of the building will contain all 106
required parking spaces as well as mechanical room and solid waste
components. All of the provided parking spaces will be valet-only. The third
floor will contain, assorted offices, meeting rooms and back-of-house uses as
well as 10 hotel units. The fourth and fifth floors will contain 20 rooms each.
The sixth and seventh floors will contain 19 rooms each. The roof will contain a
small bar, pool and lounge area along the Fifth Street side of the building.
The design takes advantage of the site’s proximity to Beach Walk and includes
an outdoor seating area/café along the west side of the site. A sheltered
bicycle rack is also located along the west side of the building and a pedestrian
entrance connects directly to Beach Walk.
Consistency with the Community Development Code (CDC):
Minimum Lot Area and Width:
The subject property is 25,700 sq. ft. in area and approximately 200 feet wide.
The proposed lot area and width are consistent with Level I Flexible Standard
Development parameters pursuant to CDC Section 2-802.
Minimum Setbacks:
The conceptual site plan depicts setbacks to building of zero feet along Beach
Walk (west), 15 feet along the front (east) along Coronado Drive, 12 feet along
the front (south) along Fifth Street, five feet along the side (north - along the
south side of Frenchy’s) and ten feet along all other remaining sides of the site.
The conceptual site plan also shows setbacks of zero feet to paving along Fifth
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City Council Meeting Minutes June 14, 2017
Street and to paving along a portion of the north property line along the south
side of Frenchy’s. The proposed setbacks may be approved as part of a Level
II Flexible Development application, subject to meeting the applicable flexibility
criteria of the Community Development Code.
Maximum Height:
Section A.1.c of the Beach Walk District within Beach by Design specifically
addresses height. The proposal provides for a building 95 feet in height as
measured from BFE where a height of up to 100 feet is permitted for overnight
accommodations. The proposed height is also permitted by the CDC subject
to meeting the applicable flexibility criteria of the CDC and as approved as part
of a Level II Flexible Development application and as otherwise limited by
Beach by Design.
The height of the proposed building is consistent with the guidelines of Beach
by Design.
Minimum Off-Street Parking:
The 88-room overnight accommodation use requires a minimum of 106
off-street parking spaces. A parking garage located on the first two levels of
the building will provide a minimum of 106 valet-only spaces. This is consistent
with the applicable Sections of the CDC.
Landscaping:
While a formal landscape plan is not required to be submitted for review at this
time, the conceptual landscape areas depicted on the site plan show that
adequate spaces for foundation landscaping will be provided along the street
frontage. Since no perimeter landscape buffers are otherwise required in the
Tourist (T) District, the proposed landscape areas meet or exceed what is
required. It is noted, however, that flexibility may be requested/necessary as
part of a Comprehensive Landscape Program which would be reviewed at time
of formal site plan approval.
Consistency with :
Beach by Design
Design Guidelines:
A review of the provided architectural elevations and massing study was
conducted and the proposed building does appear to be generally consistent
with the applicable Design Guidelines established in Beach by Design. It is
noted, however, that a more formal review of these Guidelines will need to be
conducted as part of the final site plan approval process.
Hotel Density Reserve:
The project has been reviewed for compliance with those criteria established
within Beach by Design concerning the allocation of hotel rooms from the
Reserve. The project appears to be generally consistent with those criteria,
including that the development comply with the Metropolitan Planning
Organization’s (MPO) countywide approach to the application of traffic
concurrency management for transportation facilities. The submitted Traffic
Impact Study concludes that traffic operations at nearby intersections and on
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adjacent roadways would continue at acceptable levels of service.
Standards for Development Agreements:
The proposal is in compliance with the standards for development agreements,
is consistent with the Comprehensive Plan and furthers the vision of beach
redevelopment set forth in Beach by Design. The proposed Development
Agreement will be in effect for a period not to exceed ten years, meets the
criteria for the allocation of rooms from the Hotel Density Reserve under Beach
by Design and includes the following main provisions:
Provides for the allocation of up to 59 units from the Hotel Density Reserve
or a maximum density of 150 units per acre;
Requires the developer to obtain building permits and certificates of
occupancy in accordance with Community Development Code (CDC)
Section 4-407;
Requires the return of any hotel unit obtained from the Hotel Density
Reserve that is not constructed;
For units allocated from the Hotel Density Reserve, prohibits the
conversion of any hotel unit to a residential use and requires the recording
of a covenant restricting use of such hotel units to overnight
accommodation usage; and
Requires a legally enforceable mandatory evacuation/closure covenant that
the hotel will be closed as soon as practicable after a hurricane watch that
includes Clearwater Beach is posted by the National Hurricane Center.
Changes to Development Agreements:
Pursuant to Section 4-606.I, CDC, a Development Agreement may be
amended by mutual consent of the parties, provided the notice and public
hearing requirements of Section 4-206 are followed. Revisions to conceptual
site plans and/or architectural elevations attached as exhibits to the
Development Agreement shall be governed by the provisions of Section 4-406,
CDC. Minor revisions to such plans may be approved by the Community
Development Coordinator. Other revisions not specified as minor shall require
an amendment to this Development Agreement.
In response to questions, Planner Mark Parry said the Applicant is
requesting up to 59 units from the reserve. The Applicant intends to
request a termination of status of non-conformity with regard to the
existing density. The hotel is over-dense by 14 units. If the termination
status is approved, not all of the 59 units will be needed; the excess
units will return to the density pool reserve. Mr. Parry said the
Applicant would need 45 units if the termination status is approved.
There is approximately 3 ft. 6 in. of clearance on the property owner's
side of the palm tree. The proposed sidewalk on 5th Street is 10-ft.
wide. The applicant wishes to build 88 units. Planning and
Development Director Michael Delk said the Applicant should be allowed
to use the density reserve units so that the city could continue to
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City Council Meeting Minutes June 14, 2017
preserve the number of units remaining in the hotel density reserve pool.
The incentive program is working as envisioned, attracting new modern
facilities in the heart of the City's beach. The maximum density on the
smallest properties for which density units may be requested is a
maximum 150 units per acre. As the properties get larger, the density
maximum goes down because the program dis-incentivizes larger
resort facilities. The program incentivizes mid-size limited service
products. Mr. Parry said the sidewalks from 5th Street north toward the
Hyatt are 7 ft. wide.
Discussion ensued with support expressed for wider sidewalks. It was
stated that the Surfstyle and Hyatt sidewalks are wider but have no
landscaping.
Mr. Delk said the sidewalk pattern along Coronado Drive is 7 ft. wide. The
City constructed the 7-ft. wide sidewalks when Coronado was
reconstructed.
Applicant representative Brian Aungst reviewed the request. The
proposed development fronts Beachwalk and will be less than 100 ft.
tall. Most of the landscaped area is on the 7-ft. wide sidewalk. Mr.
Aungst said the proposed project does not have a zero-ft. setback on
any part of this project, except for on Beachwalk. The sidewalk on 5th
Street is wider than 10 ft. The proposed project replaces the current
hotel and office use with what the City wants, a mid-size limited service
hotel.
In response to questions, Mr. Aungst said there is currently no sidewalk
on 5th Street due to the back-out parking. The proposed project will offer
valet-only parking via an ingress on 5th Street and access the lobby
on the third floor. There will be no back-out parking. The comprehensive
landscape program is available for flexibility related to the termination of
non-conformity; the staff report notes that a full landscape plan is not
required at this stage. Mr. Aungst said the Applicant does not have
sufficient information regarding the landscape plan at this time. It was
noted that landscape plan would be presented during the CDB site plan
review. Mr. Aungst said page 55 of Beach by Design contemplates a
termination of non-conformity in addition to the density reserve.
Councilmember Caudell moved to confirm a second public hearing
in City Council Chambers before City Council on July 20, 2017 at
6:00 p.m., or as soon thereafter as may be heard. The motion was
duly seconded and carried unanimously.
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8.8
Approve amendments to the Community Development Code relating to signage and
pass Ordinance 9029-17 on first reading. (TA2017-03005)
In 2015, the United States Supreme Court issued a decision in Reed v. Town
of Gilbert, Ariz., - U.S.-, 135 S. Ct. 2218 (2015), which requires temporary
signs to be regulated in a content-neutral manner. This ruling requires
amendments to the Clearwater Community Development Code as temporary
signs are currently regulated by sign message. The Court also confirmed the
decision in Walker v. Texas Division, Sons of Confederate Veterans, Inc. 135,
S. Ct. 2239 (21015) which essentially exempts government speech from 1st
Amendment scrutiny. Additionally, in 2016, City Council discussed their
desires to consider expanding uses eligible for electronic changeable message
signs.
Proposed Ordinance 9029-17 implements recommendations by the City’s
outside legal counsel regarding temporary signs, government signs and
electronic changeable message signs, as well as limited amendments
generated by the Planning and Development Department. Below is a
summary of the substantive amendments included in the ordinance.
Deletes existing temporary sign regulations and replaces them with two
new tables in Section 3-1806 (one for sidewalks signs and one for all
other temporary signs). Retains existing regulations for sidewalk signs
but presents them in a new format and provides new standards (size,
height, location, etc.) for the all other temporary signs.
Exempts government signs from the sign regulations.
Reorganizes existing provisions regulating electronic changeable
message signs, allows schools and places of worship to incorporate
them in freestanding signs and establishes design criteria for all such
signs.
Revises flag provisions.
Creates limited flexibility for the required setback for freestanding signs.
Adds requirement for street address signs.
Adds general sign maintenance provisions.
Increases allowable sign area for schools.
The Community Development Board (CDB) reviewed proposed Ordinance
9029-17 at its May 16, 2017 meeting and unanimously recommended
approval.
Councilmember Cundiff moved to approve amendments to the
Community Development Code relating to signage. The motion was
duly seconded and carried unanimously.
Ordinance 9029-17 was presented and read by title only.
Councilmember Jonson moved to amend page 23, Section 3-185.D
- General provisions for signs, to read as follows:
"D. Flagpoles and Flags; Flag Brackets, Flag Stanchions, and Flags.
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1. Flagpoles and Flags. For each parcel and development site in
residential use with one principal
structure, one flagpole may be installed and up to two (2) flags may
be displayed per flagpole. For each parcel and development site that is
one-half (1/2) acre or less in size and is in residential use with more
than one principal structure or nonresidential use, one flagpole may
be installed and up to two (2) flags may be displayed per flagpole. For
each parcel and development site that is over one-half (1/2) acre in size
and is in residential use with more than one principal structure or in
nonresidential use, up to three flagpoles may be installed and up to two
(2) flags may be displayed per flagpole. A flag shall not exceed
twenty-four (24) square feet in size." The motion was duly seconded
and carried unanimously.
Vice Mayor Hamilton moved to amend page 39, Section 3-1807.B.5 -
Permitted signs requiring development review, to read as follows:
"5. Certain changeable message and copy signs.
a. Electronic changeable message signs shall be permitted for
venues or facilities that seat2,000 or more people, fuel price signs,
menu signs, schools and places of worship provided:(a) the electronic
changeable messages are part of a freestanding
sign; (b) the electronicmessage area shall be limited to no more than
forty percent (40%) of the overall permittedfreestanding sign face area,
shall be located on the lower portion of the sign face and shall
be contiguous to the other copy area of the sign face; (c) electronic
message signs shall bearchitecturally integrated to the design of the
freestanding sign face and (d) shall beconsistent with the width and
depth of the sign cabinet. The general message for electronic
changeable message signs at schools, places of worship,
venues/facilities that seat 2,000 or more people or on fuel price and
menu signs may change no more frequently than once
every one hour 10 minutes." The motion was duly seconded and
carried with the following vote:
Ayes:
4 - Mayor Cretekos, Vice Mayor Hamilton, Councilmember Caudell and
Councilmember Cundiff
Nays:
1 - Councilmember Jonson
Vice Mayor Hamilton moved to approve Ordinance 9029-17 on first
reading, as amended. The motion was duly seconded and upon roll
call, the vote was:
Ayes:
5 - Mayor Cretekos, Vice Mayor Hamilton, Councilmember Caudell,
Councilmember Cundiff and Councilmember Jonson
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9. Quasi-Judicial Public Hearings
9.1
Withdraw a Zoning Atlas Amendment from the Low Medium Density Residential
(LMDR) District to the Medium Density Residential (MDR) District for 301, 302, 303,
309, 310 and 311 Cedar Street; and withdraw Ordinance 9028-17 on first reading.
(REZ2017-02002)
At their May 16, 2017 meeting, the Community Development Board (CDB)
continued the public hearing of this item to June 20, 2017 at the applicant’s
request. On May 22, 2017, the applicant withdrew the application for a Zoning
Atlas amendment.
Councilmember Caudell moved to withdraw Item 9.1. The motion
was duly seconded and carried unanimously.
10. Second Readings - Public Hearing
10.1
Continue 2nd reading of Ordinance 9029-17 to July 20, 2017: Approve amendments
to the Clearwater Community Development Code relating to signage. (TA2017-03005)
Councilmember Cundiff moved to continue Item 10.1 to July 20,
2017. The motion was duly seconded and carried unanimously.
10.2
Continue 2nd reading of Ordinance 9042-17 to a date uncertain: Approve an
amendment to the Community Development Code establishing a medical marijuana
treatment use and applicable criteria. (TA2017-01001)
Vice Mayor Hamilton moved to continue Item 10.2 to a date
uncertain. The motion was duly seconded and carried
unanimously.
10.3
Continue 2nd reading of Ordinance 7049-17 to July 20, 2017: Approve the request
from City of Clearwater staff to vacate a portion of Public Right-of-Way of Haven
Street and real property dedicated as Right-of-Way in Official Records 4867, Page
1478.
Councilmember Caudell moved to amend Item 10.3 to read as
follows: "Continue 2nd reading of Ordinance 7049-17 to July 20, 2017 a
date uncertain: Approve the request from City of Clearwater staff to
vacate a portion of Public Right-of-Way of Haven Street and real
property dedicated as Right-of-Way in Official Records 4867, Page
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City of Clearwater
City Council Meeting Minutes June 14, 2017
1478.continued to a date uncertain." The motion was duly
seconded and carried unanimously.
Councilmember Jonson moved to approve Item 10.3 as amended.
The motion was duly seconded and carried unanimously.
11. City Manager Reports
11.1
Amend the City’s fiscal year 2016/17 Operating and Capital Improvement Budgets at
mid-year and pass Ordinances 9052-17 and 9053-17 on first reading.
The fiscal year 2016/17 Operating and Capital Improvement Budgets were
adopted in September 2016 by Ordinances 8946-16 and 8947-16. Section
2.521 of the City’s Code of Ordinances requires the City Manager to prepare a
quarterly report detailing income, expenditure estimates, collections, the
explanation of significant variances, as well as the financial status of all capital
improvement projects. Staff has provided a memorandum outlining the issues
at mid-year that require amendment.
Councilmember Cundiff moved to amend the City’s fiscal year
2016/17 Operating and Capital Improvement Budgets at mid-year.
The motion was duly seconded and carried unanimously.
Ordinance 9052-17 was presented and read by title only. Vice
Mayor Hamilton moved to pass Ordinance 9052-17 on first reading.
The motion was duly seconded and upon roll call, the vote was:
Ayes:
5 - Mayor Cretekos, Vice Mayor Hamilton, Councilmember Caudell,
Councilmember Cundiff and Councilmember Jonson
Ordinance 9053-17 was presented and read by title only.
Councilmember Jonson moved to pass Ordinance 9053-17 on first
reading. The motion was duly seconded and upon roll call, the vote
was:
Ayes:
5 - Mayor Cretekos, Vice Mayor Hamilton, Councilmember Caudell,
Councilmember Cundiff and Councilmember Jonson
11.2
Amend Exhibit A of Resolution 17-17 regarding the proposed extension of Penny for
Pinellas to amend the proposed project list and adopt Resolution 17-22.
On April 25, 2017, Resolution 17-17 was approved in support of the proposed
extension of the one-cent local government infrastructure surtax (Penny for
Pinellas), which included a proposed project list and the Penny IV Interlocal
Agreement with Pinellas County.
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City of Clearwater
City Council Meeting Minutes June 14, 2017
The proposed project list, Exhibit A, is amended to include the following
changes:
A new project, Public Safety Vehicle/Equipment Facility is being added
to the list with a proposed budget of $1.5 million;
The Police District III (Countryside Sub Station) project is being
increased by $500,000 to a new total of $6 million; and
The Athletic Fields & Facilities Upgrades/Improvements project is being
created with a proposed budget of $14.5 million to combine three Parks
and Recreation sports facility projects into one grouped project. (Major
League Baseball Facilities, Youth Sports Fields Renovations, and
McMullen Tennis Complex Expansion).
The Sand Key Bridge Replacement Fund project is being reduced by
$2 million to a new total of $28 million to fund the increases listed
above.
In response to questions, the City Manager said the proposed Penny
List does not include a line item for a specific area of the city. The City
provides improvements to neighborhoods on an as needed basis; there
are sufficient resources in other funding sources to address those
needs.
A concern was expressed that the Penny extension would be stronger if
it included investments in neighborhoods, such as improved sidewalks
and curb cuts.
The City Manager said Penny funding has benefited all of Clearwater's
communities; the proposed Penny 4 list will have the same impact and
benefit to the City's lower income communities as previous Penny
projects.
Councilmember Caudell moved to amend Exhibit A of Resolution
17-17 regarding the proposed extension of Penny for Pinellas to
amend the proposed project list. The motion was duly seconded
and carried with the following vote:
Ayes:
4 - Mayor Cretekos, Vice Mayor Hamilton, Councilmember Caudell and
Councilmember Cundiff
Nays:
1 - Councilmember Jonson
It was stated that neighborhoods throughout the city with aged infrastructure
could benefit from Penny funding to enhance property values, such as
replacing speed bumps with traffic calming.
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City Council Meeting Minutes June 14, 2017
Resolution 17-22 was presented and read by title only.
Councilmember Caudell moved to adopt Resolution 17-22. The
motion was duly seconded and upon roll call, the vote was:
Ayes:
5 - Mayor Cretekos, Vice Mayor Hamilton, Councilmember Caudell and
Councilmember Cundiff, Councilmember Jonson
11.3
Ratify and confirm Change Order 1 to Waterfront Engineering Inc., of Tampa, Florida,
for Emergency Seawall Repairs in the amount of $8,765.58 and authorize the
appropriate officials to execute same.
November 17, 2016, City Council approved emergency seawall repair
proposals provided by Waterfront Engineering.
During repair to the Fuller Drive seawall along Stevenson Creek, Waterfront
Engineering encountered buried debris, from an earlier seawall, which needed
to be removed and caused the need for additional fill material and design
modifications to the new wall panel depths for an increase of $14,541.68.
The seawall repaired on Clearwater Beach North of Opal Sands was
completed under the proposed value saving the City $5,776.10 for a net
increase to proposals of $8,765.58.
APPROPRIATION CODE AND AMOUNT:
0315-93412-563800-539-000-0000 $14,541.68 ST113359
0315-93412.563800-539-000-0000 ( 5,776.10) ST113358
Funds are available in capital improvement project 315-93412, City-wide
Seawall Replacement, to fund this change order.
In response to questions, Environmental Manager Ed Chesney said
there is no seawall behind the Mayor's Habitat for Humanity project
home. The seawall that was recently installed is five blocks away and is
the only section that has a seawall due to erosion.
Councilmember Cundiff moved to ratify and confirm Change Order
1 to Waterfront Engineering Inc., of Tampa, Florida, for Emergency
Seawall Repairs in the amount of $8,765.58 and authorize the
appropriate officials to execute same. The motion was duly
seconded and carried unanimously.
11.4
Approve the Contract for Exchange of certain real property owned by the City of
Clearwater for a parcel in downtown which is of greater value, by the Church of
Scientology Flag Service Organization, Inc. (COS) and authorize the appropriate
officials to execute same.
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City of Clearwater
City Council Meeting Minutes June 14, 2017
There will be need for public parking once the Nolen Project and
accompanying amenities are completed in the near future. The property at the
southwest corner of Cleveland Street and S Martin Luther King Jr. Avenue
abuts this new construction and will provide the needed parking. This property
is to be exchanged, to the City, by the COS. COS is under contract to
purchase this property, as a pre-requisite to the land swap, from the current
owner, 1133 Cleveland Street Properties, LLC. This property appraised at
$600,000 by James Millspaugh & Associates, Inc.
For this COS property, the City of Clearwater will exchange three parcels of
land more particularly described as:
600 Franklin Street - The South 60’ of Lot 1, Block 7, Gould & Ewing’s 1st and
2nd Addition to Clearwater-Harbor Fla, Plat Book 1, Page 52, Public Records
of Hillsborough County, of which Pinellas County was formerly a part.
Dedicated Right-of-Way - a portion of Lot 34 and a portion of the vacated
Haven Street, Court Square Subdivision, Plat Book 5, Page 53, Public Records
of Pinellas County, Florida.
The North 37’ of the West 121’ of the South half of Lot 1, Block 5, of Gould &
Ewing’s 1st and 2nd Addition to Clearwater-Harbor Fla., Plat Book 1, Page 52,
of the Public Records of Hillsborough County, Florida, of which Pinellas County
was formerly a part.
The Right-of-Way parcel is located on the north side of Court Street, between
S Garden Avenue and S Fort Harrison Avenue, and contains Right-of-Way
dedicated as Haven Street by plat and Right-of-Way dedicated by ordinance
over City-owned property.
The Haven Street portion of the Right-of-Way parcel was dedicated by plat in
Plat Book 5, Page 53, Official Records of Pinellas County, Florida in 1922, and
will join the adjacent fee-owned lots by operation of law upon vacation. The
Right-of-Way dedicated over City-owned Lots 34 and 45 of Court Square
Subdivision by Resolution No. 79-50 in Official Records Book 4867, Page
1478, will remain in City ownership to be conveyed as part of the swap.
Following the vacation of the Right-of-Way parcel, the remaining City-owned
property will be approximately 4,750 S.F. The appraised value of said land has
been determined by James Millspaugh & Associates, Inc, to be $200,000.
The second City-owned parcel is located at 600 Franklin Street, and is apart of
old Fire Station 45. The property is approximately 3,660 S.F. and the appraised
value of the parcel has been determined by James Millspaugh & Associates,
Inc, to be $155,000.
The third parcel is located at 28 North Garden Avenue and is known as the
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City of Clearwater
City Council Meeting Minutes June 14, 2017
City of Clearwater’s North Garden Avenue Parking Lot. This lot abuts
Watterson Avenue to the east, and is between Cleveland Street and Hendricks
Street. This parking lot is roughly 4,500 S.F. and includes 9 parking spaces,
open to the public. The rate at this lot is $0.50 an hour with a maximum time
limit of 2 hours. The appraised value of this property, as determined by James
Millspaugh & Associates, Inc, is $70,000.
This contract is contingent upon four pre-requisites. The first being the
declaration of surplus of these three City owned parcels. The second
pre-requisite is the vacation of Haven Street, along with real property dedicated
as Right-of-Way in Official Records 4867, Page 1478, of the Public Records of
Pinellas County, Florida. The third, being the acquisition of the COS Property
by the COS, prior to closing. The fourth contingency is the City being granted
adequate access to the COS Property in accordance with the timeframes
contemplated for purposes of conducting inspections and investigations,
including environmental investigations. If any of these pre-requisite items fail to
come to fruition, this contract will be null and void.
One individual spoke in opposition.
In response to a question, the City Attorney said the values of the
property sites were determined by an appraiser.
One individual spoke in support.
Councilmember Caudell moved to continue Item 11.4 to a date
uncertain. The motion was duly seconded and carried
unanimously.
12. City Attorney Reports – None.
13. Closing comments by Councilmembers (limited to 3 minutes)
Councilmember Caudell asked for all to take a moment and pray for the
victims of the shooting in Virginia this morning.
Councilmember Cundiff wished all a happy Flag Day.
Vice Mayor Hamilton said there was a lot of activity last Saturday night in
downtown with people here for the Third Eye Blind concert. He said he was
reenergized to continue to move forward to try to create that type of
atmosphere on a regular basis.
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City of Clearwater
City Council
Meeting Minutes June 14, 2017
Councilmember Jonson said the landscaping on Missouri Ave. is looking
great and thanked staff for their work on the project. He said he was thrilled
that the CRA Board of Trustees approved the CRA incentive program on
Monday. He congratulated Anthony Burney for assuming the presidency of
the Martin Luther King Jr. Neighborhood Coalition Board.
14. Closing Comments by Mayor
15. Adjourn
Attest
Mayor Cretekos reviewed recent and upcoming events.
The meeting adjourned at 8:07 p.m.
okeof‘t.kCre c 03
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City Clerk
City of Clearwater
Mayor
City of Clearwater
Page 28