07/20/2017 City Council Meeting Minutes July 20, 2017
City of Clearwater
City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
9 '
e
Meeting Minutes
Thursday, July 20, 2017
6:00 PM
Council Chambers
City Council
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City of Clearwater
City Council Meeting Minutes July 20, 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
2. Invocation — Pastor Robert Smurthwaite from Flowing River Church
3. Pledge of Allegiance — Councilmember Caudell
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 SEDA's Water Quality Person of the Year— Chriz Kuzler, Southeast Desalting Association
Mr. Kuzler presented the SEDA Water Quality Person of the Year Award to
Rob Fahey, Awarded Posthumously. Sharon Fahey accepted the award on
her husband's behalf.
4.2 July Service Awards
The July 2017 Employee of the Month Award was presented to Karl
Pople, Police.
4.3 Recycling Perks - Katrina Miller, Recycling Specialist
Ms. Miller provided a PowerPoint presentation.
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5. Approval of Minutes
5.1 Approve the minutes of the June 14, 2017 City Council Meeting as submitted in
written summation by the City Clerk.
Councilmember Jonson moved to approve the minutes of the June
14, 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
Thomas Rebman provided information detailing his experience with
implementing homeless solutions and expressed concerns regarding Dr.
Robert Marbut's qualifications.
Mr. James urged those who are willing to donate materials or volunteer
their time and efforts to rehab a home to call him at (727)337-8786 and
opposed limiting individuals speaking at a council meeting to three
minutes.
Lisa Lanza expressed concerns with the Pinellas County Endangered
Sea Turtles Program being in a state of disarray and requested the
City follow-up with the Clearwater Marine Aquarium about them firing
the only licensed individual to work with turtle nests.
7. Consent Agenda — Approved as submitted.
7.1 Approve a Second Amendment to Lease Agreement between Clearwater Golf
Associates Inc. (Club), and the City of Clearwater (City) to extend rent relief for the
remaining twelve years of the Agreement, set a schedule to complete irrigation
replacements to the course by the Club and authorize the appropriate officials to
execute same. (consent)
7.2 Approve a Lease Agreement between the City of Clearwater (City) and the Board of
Trustees of the Internal Improvement Trust Fund of the State of Florida (State) for use
of the Florida Department of Transportation building and property located at 3204 Gulf
to Bay Boulevard and authorize the appropriate officials to execute same. (consent)
7.3 Approve an agreement between USA Softball, Inc. f/k/a Amateur Softball Association
of America, of Oklahoma City, Oklahoma, and the City of Clearwater, for hosting the
2017 XI WBSC Junior Women's Softball World Championship, July 23-30, 2017 and
authorize the appropriate officials to execute same. (consent)
7.4 Approve the Multi-Agency Combined Voluntary Cooperation Mutual Aid Agreement
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Special Case Response and Management Team for law enforcement services, which
shall become effective and shall be ongoing as to the executing Parties upon
execution by the Commissioner of the Florida Department of Law Enforcement and
any additional Party or Parties, and authorize the appropriate officials to execute
same. (consent)
7.5 Award Invitation to Bid 25-17, Antiscalant, to American Water Chemicals Inc. of Plant
City, FL in the annual amount of$60,000, including two one-year term extensions at
the City's discretion, and authorize the appropriate officials to execute same.
(consent)
7.6 Approve the award of Invitation to Bid 09-17, Mechanical, Electrical, and Plumbing
Services, for a not-to-exceed annual amount of$1,700,000 ($950,000 Building and
Maintenance and $750,000 Public Utilities), including two one-year renewal terms at
the City's discretion, and authorize the appropriate officials to execute same.
(consent)
7.7 Appoint Michael Mack to the Marine Advisory Board to fill the remainder of an
unexpired term through March 31, 2019. (consent)
7.8 Appoint Amelia Wallon to the Library Board to fill the remainder of an unexpired term
through February 28, 2019. (consent)
7.9 Authorize a contract between Property Registration Champions Corp., a Florida
Corporation and a Community Champions Company, and the City of Clearwater to
manage the City's Foreclosure Property Registry utilizing collected registration funds
and authorizes the appropriate officials to execute same. (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 Termination of the Development Agreement between Bayway Hotel Holdings, LLC
(the property owner) and the City of Clearwater, providing for the allocation of 15 units
from the Hotel Density Reserve under Beach by Design and confirm a second public
hearing in City Council Chambers before City Council on August 3, 2017 at 6:00 p.m.,
or as soon thereafter as may be heard. (HDA2014-08006, 706 Bayway Boulevard)
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On December 2, 2014, a Development Agreement was made effective
between the property owner and the City of Clearwater which provided 15 units
from the Hotel Density Reserve (HDA2014-08006/Resolution 14-35).
Section 6.1.3.1 of the Development Agreement required the Property Owner to
develop the Property in substantial conformance with the conceptual site plan
attached to the Agreement.
Section 6.1.6 provides that all units in the hotel shall be made available to the
public as overnight transient hotel guests at all times through the required hotel
reservation system. Occupancy in the hotel is limited to a term of less than
one month or thirty-one consecutive days, whichever is less. Units in the hotel
shall not be used as a primary or permanent residence.
After receiving approval of HDA2014-08006 the applicant submitted the
associated site plan for approval as part of a Level II Flexible Development
application (FLD2015-06025). This application was approved by the
Community Development Board on September 15, 2015. Permits
(BCP2015-12534 and BCP2016-03372) for site and building construction were
submitted on December 19, 2015 and March 15, 2016, respectively. Pursuant
to CDC Section 4-407 building permits were to have been obtained within six
months of the initial permit application. As of February 9, 2017 both permits
have been voided due to lack of response from the applicant.
On March 14, 2017, an application (FLD2016-12039) for a Resort Attached
Dwellings development on the subject site was approved by the Community
Development Board (CDB). On April 3, 2017 a permit (BCP2017-04049) was
submitted consistent with this more recent site plan approval. The City has
determined that the Property Owner has abandoned development of the
Property consistent with conceptual site plans that were part of the Agreement,
and the Property Owner sought approval for entirely new site plans, which
were approved by the Community Development Board on March 21, 2017 as
part of a Level II Flexible Development application (FLD2016-12039) for Resort
Attached Dwellings.
The applicant has submitted a request to terminate the Development
Agreement thus returning the allotted 15 units back to the reserve. Once
returned to the Reserve these units would be available for application.
Pursuant to Section 13 of the Agreement notices have been provided to:
Bayway Hotel Holdings, LLC
20001 Gulf Blvd., Suite 5
Indian Shores, FL 33785
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E.D. Armstrong III
Hill Ward Henderson
101 E. Kennedy Blvd., Suite 3700
Tampa, FL 33602
Councilmember Cundiff moved to confirm a second public hearing
in City Council Chambers before City Council on August 3, 2017 at
6:00 p.m., or as soon thereafter as may be heard. The motion was
duly seconded and carried unanimously.
8.2 Approve the annexation, initial Future Land Use Map designation of Residential Low
(RL) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR)
District for 3070 Grand View and 3041 Hoyt Avenues, and 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 900 Madera
Avenue, together with certain abutting rights-of-way of San Jose and San Pedro
Streets; and pass Ordinances 9043-17, 9044-17, and 9045-17 on first reading.
(ANX2017-05010)
These voluntary annexation petitions involve 0.658-acres of property consisting
of three parcels of land occupied by single-family dwellings. The properties are
located generally north of Drew Street, south of SR 590, and within '/4 mile
west or east of North McMullen Booth Road. The applicants are requesting
annexation in order to be connected to the city sanitary sewer as part of the
Kapok Terrace Sanitary Sewer System Extension Project. The properties are
located within an enclave and are contiguous to existing city boundaries on at
least one side. It is proposed that the property at 900 Madera Avenue be
assigned a Future Land Use Map designation of Residential Urban (RU) and
the remaining properties be assigned Residential Low (RL). All properties are
proposed to be given a Zoning Atlas designation of Low Medium Density
Residential (LMDR). The Development Review Committee is proposing that
0.436-acres of San Jose and San Pedro Streets right-of-way also be annexed.
The Planning and Development Department determined that the proposed
annexations are consistent with the provisions of Community Development
Code Section 4-604.E as follows:
• The properties currently receive water service from the City of
Clearwater. 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. Collection of
solid waste will be provided by the City of Clearwater. The properties
are located within Police District III and service will be administered
through the district headquarters located at 2851 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
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adequate capacity to serve the properties with sanitary sewer, solid
waste, police, fire and EMS service. The proposed annexations will not
have an adverse effect on public facilities and their levels of service;
and
• The proposed annexations are consistent with and promote the
following objectives and policy of the Clearwater Comprehensive Plan:
Objective A.6.4 Due to the built-out character of the City of
Clearwater, compact urban development within the urban
service area shall be promoted through application of the
Clearwater Community Development Code.
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) and Residential Low (RL) Future
Land Use Map categories are consistent with the current Countywide
Plan designation of the properties. The Residential Low (RL)
designation primarily permits residential uses at a density of 5 units per
acre, and the Residential Urban (RU) designation primarily permits
residential uses at a density of 7.5 units per acre. The proposed zoning
district to be assigned to the properties is the Low Medium Density
Residential (LMDR) District. The use of the subject properties are
consistent with the uses allowed in the District and the properties
exceed the District's minimum dimensional requirements. The proposed
annexations are therefore consistent with the Countywide Plan and the
City's Comprehensive Plan and Community Development Code; and
• The properties proposed for annexation are contiguous to existing city
boundaries on at least one boundary; therefore the annexations are
consistent with Florida Statutes Chapter 171.044.
Vice Mayor Hamilton moved to approve the annexation, initial
Future Land Use Map designation of Residential Low (RL) and
initial Zoning Atlas designation of Low Medium Density Residential
(LMDR) District for 3070 Grand View and 3041 Hoyt Avenues, and
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 900 Madera
Avenue, together with certain abutting rights-of-way of San Jose
and San Pedro Streets. The motion was duly seconded and carried
unanimously.
Ordinance 9043-17 was presented and read by title only.
Councilmember Jonson moved to pass Ordinance 9043-17 on first
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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 9044-17 was presented and read by title only.
Councilmember Caudell moved to pass Ordinance 9044-17 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 9045-17 was presented and read by title only.
Councilmember Cundiff moved to pass Ordinance 9045-17 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
8.3 Approval of a Development Agreement between Gulfview Lodging, LLP (the property
owner) and the City of Clearwater, providing for the allocation of up to 59 units from
the Hotel Density Reserve under Beach by Design, adopt Resolution 17-19 and
authorize the appropriate officials to execute same. (HDA2017-04001)
Development Proposal:
Since the City Council Meeting of Wednesday June 14, 2017 the applicant has
revised Sheets A5_2, 3, 6 and 7 of their submittal (elevations) to correct a few
scrivener's errors. No other changes have been made to the submittal.
The current proposal is to demolish all structures on the site and build a
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 square feet 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
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 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
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Nonconformity is either not requested or denied in order to maintain the
designed density of 150 units per acre or 88 units.
Consistency with the Community Development Code:
No changes have been made to the Conceptual Site Plan presented at the
June 14, 2017 City Council meeting. The Conceptual Site Plan continues to
appear to be consistent with the CDC with regard to:
• Minimum Lot Area and Width
• Minimum Setbacks
• Maximum Height
• Minimum Off-Street Parking
• Landscaping
Consistency with Beach by Design:
No changes have been made to the Conceptual Site Plan presented at the
June 14, 2017 City Council meeting. The Conceptual Site Plan continues to
appear to be consistent with the Beach by Design with regard to:
• Design Guidelines
• Hotel Density Reserve
Standards for Development Agreements:
The proposal is in compliance with the standards for development agreements,
is consistent with the Comprehensive Plan and furthers the vision of beach
redevelopment set forth in Beach by Design. The proposed Development
Agreement will be in effect for a period not to exceed ten years, meets the
criteria for the allocation of rooms from the Hotel Density Reserve under Beach
by Design and includes the following main provisions:
• Provides for the allocation of up to 59 units from the Hotel Density Reserve;
• 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;
• Prohibits the conversion of any hotel unit allocated from the Hotel Density
Reserve 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 CDC Section 4-606.1., a Development Agreement may be
amended by mutual consent of the parties, provided the notice and public
hearing requirements of Section 4-206 are followed. Revisions to conceptual
site plans and/or architectural elevations attached as exhibits to this
Development Agreement shall be governed by the provisions of CDC Section
4-406. Minor revisions to such plans may be approved by the Community
Development Coordinator. Other revisions not specified as minor shall require
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an amendment to this Development Agreement.
The Planning and Development Department is recommending approval of this
Development Agreement for the allocation of up to 59 units from the Hotel
Density Reserve under Beach by Design.
In response to questions, Planning and Development Director Michael
Delk said urban centers may be interpreted in different ways. Clearwater
Beach is an urban environment, based on FDOT's intent of the urban
center policy, staff would not consider the subject area an urban center
per se. Beach by Design included guidelines for sidewalks; these
guidelines may vary as needed or as necessary. Mr. Delk said staff will
support matching the sidewalk width when the opportunity arises, staff is
working with the street the City built.
Applicant Representative Brian Aungst reviewed the request. As it
relates to widening the sidewalk on Coronado Drive, the Applicant agrees
with the staff, it would not be consistent with council policy or match the
7-ft. sidewalk built by the City on Coronado Drive. Mr. Aungst said the area
that will be used for landscaping fronts Coronado Drive, there will be a
significant setback from the sidewalk with attractive landscaping. The
request to widen the sidewalk would require to take a portion of the
Applicant's property. Mr. Aungst said no other applicant has been
asked by Council to provide a 10-ft. sidewalk on Coronado Drive.
In response to questions, Mr. Aungst said the conceptual site plan
shows a 15-ft. landscape buffer between the sidewalk on Coronado Drive
and the building. The Applicant does not know if staff and CDB will
require the entire landscape buffer. Engineering Director Mike Quillen
said there are no serious flooding issues on Coronado Drive, the City
installed a new drainage system when Beachwalk was built.
One individual spoke in opposition.
One individual spoke in support.
In response to questions, Mr. Aungst said the northwest side of the building is
not a flat plane and includes architectural details required by code, such as
stepbacks. The proposed project meets all requirements for approval but is
inconsistent with other projects that were awarded density reserve units
because it is less than 100 ft. tall. The proposed project has 15-ft. setbacks
from Coronado Drive and reduces the canyon effect.
Mr. Aungst said the Applicant will work out any concerns raised by
Frenchy's before the request goes before the Community Development
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Board.
Discussion ensued with comments made that the proposal meets city
code and eliminates a canyon effect. A suggestion was made that the
width of the sidewalks in the area should be incrementally increased.
Vice Mayor Hamilton moved to approve a Development Agreement
between Gulfview Lodging, LLP (the property owner) and the City
of Clearwater, providing for the allocation of up to 59 units from the
Hotel Density Reserve under Beach by Design. The motion was
duly seconded and carried with the following vote:
Resolution 17-19 was presented and read by title only.
Councilmember Cundiff moved to adopt Resolution 17-19. The
motion was duly seconded and upon roll call, the vote was:
Ayes: 4 - Mayor Cretekos, Vice Mayor Hamilton, Councilmember Caudell and
Councilmember Cundiff
Nays: 1 - Councilmember Jonson
Motion carried.
8.4 Authorize an agreement between the City of Clearwater and Forward Pinellas, to
receive a Complete Streets Concept Planning Grant in the amount of$50,000 to
prepare a Complete Streets Concept Plan for Drew Street from North Osceola Avenue
to US Highway 19, authorize the appropriate officials to execute same and adopt
Resolution 17-23.
On October, 3, 2016, Forward Pinellas sent out a call for Complete Streets
projects, asking local governments to submit applications to request funding for
their Complete Streets projects. The Forward Pinellas Complete Streets
Program provides annual, competitive funding for both the planning and
construction of Complete Streets projects countywide.
The Planning and Development Department had submitted an application for a
Complete Street Concept Plan for Drew Street from North Osceola Avenue to
US Highway 19. The City's primary goal for this Project is to develop a
Complete Streets Concept Plan that will enhance safety, mobility, and
accessibility while considering character criteria of Drew Street corridor.
The Project has the strong support of local communities who asked the City to
pursue the Forward Pinellas Complete Streets grant. Residents, businesses,
and schools see the potential to make Drew Street safer, more livable, and a
better street for commerce. Complete Street improvements on Drew Street
would work in harmony with a broad spectrum of city and countywide plans,
especially those addressing designated activity centers on both ends of the
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Project. The estimated cost of Complete Street conceptual planning for the
4.2-mile Project is $100,000.
This project will complement Forward Pinellas's SR-60 Corridor Multimodal
Implementation Strategies Plan project currently underway. The Drew Street
Concept Plan is expected to comprehensively guide the corridor layout design
improvements by utilizing the principles of Complete Streets, and will further
support other City initiatives by establishing the best approach to develop a
Citywide Complete Streets Implementation Plan.
On March 8, 2017, Forward Pinellas selected the City to receive one of the
Complete Streets grants in the amount of$50,000 to be matched by the City
through direct funding and in-kind services. The grant funding will be used for
consulting services to produce a comprehensive concept plan and provide
assistance in the project's community outreach and stakeholders' engagement
activities.
Resolution 17-23 Exhibit A is the Memorandum of Agreement between the City
and Forward Pinellas. The City would be contractually obligated to complete
the project activities by July 1, 2018 consistent with the scope of work that is
part of the agreement.
APPROPRIATION CODE AND AMOUNT:
Funds are available in cost code 010-01420-530100, Professional Services, to
fund the City's portion of this agreement.
Vice Mayor Hamilton moved to authorize an agreement between the
City of Clearwater and Forward Pinellas, to receive a Complete
Streets Concept Planning Grant in the amount of $50,000 to
prepare a Complete Streets Concept Plan for Drew Street from
North Osceola Avenue to US Highway 19, authorize the appropriate
officials to execute same.
Resolution 17-23 was presented and read by title only.
Councilmember Jonson moved to adopt Resolution 17-23. 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
9. Second Readings - Public Hearing
9.1 Adopt Ordinance 9029-17 on second reading, amending multiple sections of the
Community Development Code relating to sign regulations; amending sections
regulating exempt signs, prohibited signs, temporary signs and signs requiring
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development review; deleting Section 3-1805 General Standards and adding a new
Section 3-1805 General Provisions for Signs.
In response to questions, Assistant City Attorney Camilo Soto said the
dwell time for the electronic signs was every ten minutes and applies to
churches and schools. The provision is not available to entities not listed.
Resolution 9029-17 was presented and read by title only.
Councilmember Caudell moved to adopt Ordinance 9029-17 on
second and final 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
9.2 Adopt Ordinance 9033-17 on second reading, annexing certain real property whose
post office address is 3059 Cherry Lane, Clearwater, Florida 33759, into the corporate
limits of the city, and redefining the boundary lines of the city to include said addition.
Ordinance 9033-17 was presented and read by title only.
Councilmember Cundiff moved to adopt Ordinance 9033-17 on
second and final 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
9.3 Adopt Ordinance 9034-17 on second reading, amending the future land use element
of the Comprehensive Plan of the city, to designate the land use for certain real
property whose post office address is 3059 Cherry Lane, Clearwater, Florida 33759,
upon annexation into the City of Clearwater, as Residential Urban (RU).
Ordinance 9034-17 was presented and read by title only. Vice
Mayor Hamilton moved to adopt Ordinance 9034-17 on second and
final 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
9.4 Adopt Ordinance 9035-17 on second reading, amending the Zoning Atlas of the city
by zoning certain real property whose post office address is 3059 Cherry Lane,
Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Low
Medium Density Residential (LMDR).
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Ordinance 9035-17 was presented and read by title only.
Councilmember Jonson moved to adopt Ordinance 9035-17 on
second and final 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
9.5 Adopt Ordinance 9036-17 on second reading, annexing certain unaddressed real
property located on the south side of Otten Street approximately 330 feet west of
North Highland Avenue, in Clearwater, Florida 33755, into the corporate limits of the
city and redefining the boundary lines of the city to include said addition.
Ordinance 9036-17 was presented and read by title only.
Councilmember Caudell moved to adopt Ordinance 9036-17 on
second and final 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
9.6 Adopt Ordinance 9037-17 on second reading, amending the future land use element
of the Comprehensive Plan of the city, to designate the land use for certain
unaddressed real property located on the south side of Otten Street approximately
330 feet west of North Highland Avenue, in Clearwater, Florida 33755, upon
annexation into the City of Clearwater, as Residential Low (RL).
Ordinance 9037-17 was presented and read by title only.
Councilmember Cundiff moved to adopt Ordinance 9037-17 on
second and final 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
9.7 Adopt Ordinance 9038-17 on second reading, amending the Zoning Atlas of the city
by zoning certain unaddressed real property located on the south side of Otten Street
approximately 330 feet west of North Highland Avenue, in Clearwater, Florida 33755,
upon annexation into the City of Clearwater, as Low Medium Density Residential
(LMDR).
Ordinance 9038-17 was presented and read by title only. Vice
Mayor Hamilton moved to adopt Ordinance 9038-17 on second and
final reading. The motion was duly seconded and upon roll call, the
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vote was:
Ayes: 5 - Mayor Cretekos, Vice Mayor Hamilton, Councilmember Caudell,
Councilmember Cundiff and Councilmember Jonson
9.8 Adopt Ordinance 9039-17 on second reading, annexing certain real property whose
post office address is 3035 Hoyt Avenue, Clearwater, Florida 33759 into the corporate
limits of the city, and redefining the boundary lines of the city to include said addition.
Ordinance 9039-17 was presented and read by title only.
Councilmember Jonson moved to adopt Ordinance 9039-17 on
second and final 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
9.9 Adopt Ordinance 9040-17 on second reading, amending the future land use element
of the Comprehensive Plan of the city, to designate the land use for certain real
property whose post office address is 3035 Hoyt Avenue, Clearwater, Florida 33759
upon annexation into the City of Clearwater, as Residential Low (RL).
Ordinance 9040-17 was presented and read by title only.
Councilmember Caudell moved to adopt Ordinance 9040-17 on
second and final 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
9.10Adopt Ordinance 9041-17 on second reading, amending the Zoning Atlas of the city
by zoning certain real property whose post office address is 3035 Hoyt Avenue,
Clearwater, Florida 33759 upon annexation into the City of Clearwater, as Low
Medium Density Residential (LMDR).
Ordinance 9041-17 was presented and read by title only.
Councilmember Cundiff moved to adopt Ordinance 9041-17 on
second and final 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
9.11Withdraw Ordinance 9050-17 on second reading, extending the temporary
moratorium imposed by Ordinance 8995-17 on the operation of any additional
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Dispensing Organizations that dispense Low- THC Cannabis or Medical Cannabis or
on the operation of Medical Marijuana Treatment Centers within the city for an
additional period of ninety days.
Vice Mayor Hamilton moved to withdraw Item 9.11. The motion was
duly seconded and carried unanimously.
9.12Adopt Ordinance 9052-17 on second reading, amending the Operating Budget for the
fiscal year ending September 30, 2017 to reflect increases and decreases in revenues
and expenditures for the General Fund, Special Program Fund, Solid Waste and
Recycling Fund, Gas Fund, and Parking Fund.
Ordinance 9052-17 was presented and read by title only.
Councilmember Jonson moved to adopt Ordinance 9052-17 on
second and final 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
9.13Adopt Ordinance 9053-17 on second reading, amending the Capital Improvement
Budget for the fiscal year ending September 30, 2017, to reflect a net increase of
$21,104,496.
Ordinance 9053-17 was presented and read by title only.
Councilmember Caudell moved to adopt Ordinance 9053-17 on
second and final 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
10. City Manager Reports
10.1Adopt a tentative millage rate of 5.1550 mills for fiscal year 2017/18; set public
hearing dates on the budget for September 7, 2017 and September 18, 2017, to be
held no earlier than 6:00 p.m., and schedule a special council meeting on August 2,
2017 at 2:00 p.m. to fully discuss the proposed budget.
In accordance with the Truth in Millage (TRIM) process, the City Council must
adopt a tentative millage rate and set public hearing dates prior to finalizing
and adopting a budget. This information must be provided to the Pinellas
County Property Appraiser and Tax Collector by August 4, 2017. The City's
proposed millage rate and public hearing dates will be included on the TRIM
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City Council Meeting Minutes July 20, 2017
notices mailed to taxpayers in August. This tentative rate cannot be increased
without first-class mailing notification to each taxpayer at the expense of the
City of Clearwater, not less than 10 days and not more than 15 days before the
public hearing.
The City Manager's recommended millage rate is 5.1550 mills, the same
millage rate as the current year. This rate is 6.86% more than the rolled back
rate of 4.8241 mills. The rolled-back rate is the millage rate that will provide
the City with the same property tax revenue as was levied in the prior year. If
the proposed millage rate of 5.1550 mills is adopted, the City's ordinance
adopting the millage rate will reflect a 6.86% increase from the rolled-back rate
of 4.8241 mills.
The proposed millage rate as well as other TRIM millage rates will be noted on
the 2017 compliance forms as follows:
5.1550 mills - Tentative millage rate
4.8241 mills - Rolled-back millage rate
6.9632 mills - Maximum majority vote rate
7.6595 mills - Maximum two-thirds vote rate
Budget Manager Kayleen Kastel provided a PowerPoint presentation.
In response to questions, Ms. Kastel said the Save Our Homes cap
increased this year by 2.1%, last year it was 0.7%. The property tax
increase is capped at 3% or the CPI increase, whichever is lesser. The
City Clerk said the August 2 meeting will be a special council meeting at
which motions may be made directing changes to the budget.
One individual suggested lowering the utility rates and reducing the
Parks and Recreation budget, as it includes funding for entertainment.
The City Manager said staff has identified the following topics to be
discussed at the August 2 meeting: Neighborly Care Network grant
request ($25,000), 2-1-1 grant request ($5,000), PSTA contract
increase and proposed Full-Time Equivalent increases. The items have
been factored into the proposed budget but council approval is
needed. He requested councilmembers provide him additional
discussion topics prior to the meeting.
The City Manager was directed to highlight those items that have been
implemented to improve city processes.
Vice Mayor Hamilton moved to adopt a tentative millage rate of
5.1550 mills for fiscal year 2017/18; set public hearing dates on the
budget for September 7, 2017 and September 18, 2017, to be held
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City Council Meeting Minutes July 20, 2017
no earlier than 6:00 p.m., and schedule a special council meeting
on August 2, 2017 at 2:00 p.m. to fully discuss the proposed
budget. The motion was duly seconded and carried unanimously.
10.2Approve a recommendation by the Public Art and Design Board for the commission of
a public art installation for the Morningside Recreation Center located at 2400 Harn
Boulevard, as designed by artist Guy Kemper for a total cost of$55,000.00 to be
funded from Morningside Recreation Center Construction (CIP 315-93251).
The theme and scope of the project was determined with input from
representatives of the project construction team, Public Art& Design Board,
Parks & Recreation Department, and the Morningside Neighborhood Home
Owners Associations. The desired intent of this project is to commission public
artwork that serves as an artistic enhancement to the glass windows of the
main entry and fitness center window wall of the main entrance and central
atrium at the Morningside Recreation Center.
The Public Art and Design Board appointed a five-member Selection Panel
comprised of individuals representing specified interests and expertise as
follows:
Karen Cunningham (Chair), representative of the Public Art& Design
Board
Spencer Cook, president, Morningside Meadows Homeowners
Association
Regina Novak, representative of the Parks & Recreation Department
Norene Marlow, president, Morningside Homeowners Association
Judith Powers, artistic representative
A limited invitation Call to Artists was issued to three artist finalists. On March
17, 2017, the Selection Panel met to review the applicants' credentials and
selected artist Guy Kemper, as his vibrantly colored window patterns best fit
the theme and artistic desires of the project stakeholders.
On June 8, 2017, the Public Art& Design Board unanimously approved the
recommendation to commission Mr. Kemper. The Board is recommending this
artist's proposal of public artwork to the City Council.
This item supports the City's Strategic Vision by providing public art for the
citizens and visitors of Clearwater, making the city a better place to live, learn,
work, visit and play. This commission represents the City's ongoing
commitment to the Public Art& Design Program through commissions of public
art for city capital improvement projects, a process that is not affected by the
mandatory to voluntary transition of the Public Art in Private Development
program.
APPROPRIATION CODE AND AMOUNT:
Funds are available in capital improvement project 315-93251, Morningside
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City Council Meeting Minutes July 20, 2017
Recreation Center Construction, to fund this contract.
In response to a question, Parks and Recreation Director Kevin Dunbar
said the item before Council is not sensitive and can be postponed to
the next council meeting.
Discussion ensued regarding the public art process with comments
made that the Clearwater Arts Alliance supported the recommended art
commission, art is personal and subjective. It was suggested that future
consideration be given to amending the public art approval process. A
concern was expressed with the placement of the art, no other city facility
would have translucent doors, impeding one's ability to see into the facility.
Mr. Dunbar said the lobby is designed for people to in and broadcast out
to the programming spaces. Once inside the lobby, individuals will be
able to see into the fitness room.
Councilmember Jonson moved to continue Item 10.2 to August 3, 2017.
The motion was duly seconded and failed with the following vote:
Ayes: 2 - Councilmember Jonson and Councilmember Cundiff
Nays: 3 - Mayor Cretekos, Vice Mayor Hamilton and Councilmember Caudell
Motion failed.
Councilmember Caudell moved to approve a recommendation by
the Public Art and Design Board for the commission of a public art
installation for the Morningside Recreation Center located at 2400
Harn Boulevard, as designed by artist Guy Kemper for a total cost
of $55,000.00 to be funded from Morningside Recreation Center
Construction (CIP 315-93251). The motion was duly seconded and
and carried with the following vote:
Ayes: 4 - Mayor Cretekos, Vice Mayor Hamilton, Councilmember Caudell and
Councilmember Cundiff
Nays: 1 - Councilmember Jonson
Motion carried.
10.3Approve a referendum question for the city voters to consider a charter amendment to
allow for the construction and maintenance of certain improvements and the use for
other than open space in the area west of Osceola Avenue between Drew Street and
Pierce Street lying below the 28-foot mean sea level elevation, known as the
downtown waterfront, call for a special city election to be held in conjunction with the
county election on November 7, 2017, and pass Ordinance 9063-17 on first reading.
In an effort to further existing initiatives, the City of Clearwater contracted with
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City Council Meeting Minutes July 20, 2017
the Urban Land Institute (ULI) to evaluate the City's vision and strategies for
the development of the downtown. The Urban Land Institute is the nation's
premier nonprofit urban planning and real estate education and research
institution representing the entire spectrum of land use and development
disciplines.
The creation of a master plan for the downtown waterfront area was identified
as a priority project by the Urban Land Institute (ULI) Advisory Services Panel
during their study of Downtown Clearwater in June, 2014. Subsequently, the
City issued Request for Proposal 04-16 for consulting services to prepare a
master plan for the Downtown waterfront/bluff area, which was awarded to the
HR & A Advisors, Inc. on April 21, 2016, for the Downtown waterfront master
plan (Imagine Clearwater).
Over the course of six months, the City engaged hundreds of Clearwater
residents, business owners and other stakeholders who shared their broad
visions and specific design and programming ideas for their future waterfront.
The City's consultant team conducted over 40 interviews with local
stakeholders, including developers, real estate brokers, small business
owners, and Downtown property owners. The City hosted seven interactive
community workshops in various Clearwater neighborhoods to share progress
on Imagine Clearwater and allow members of the community to engage
directly with the planning and design team on specific elements of the plan
including: a vision for the waterfront and bluff; the character of various places
throughout the study area; the role of waterfront recreation, parks and open
space, and economic development opportunity within the overall vision; and
the City convened a group of 18 Clearwater residents active in resident affairs,
the local business community, local institutions and community organizations to
play a supporting role in the City's robust outreach process.
In addition, materials related to Imagine Clearwaterwere posted on a
dedicated website and the City's Facebook page and community members
were invited to call and email the City to provide direct verbal feedback and
engage with elements of the plan as it was formed.
The goal of Imagine Clearwater is to draw residents and visitors to the
Downtown waterfront, catalyze greater Downtown activity and attract
investment, and better connect the waterfront to the rest of Clearwater. Four
key strategies underpin the recommendation of Imagine Clearwater the
waterfront must be anchored by a dynamic new open space; Coachman Park
needs an active edge; an improved Osceola should complement Cleveland
Street; and access to the site should incorporate all modes.
In order to realize the community's vision for Imagine Clearwater, an Action
Plan provides a series of strategic implementation recommendations to serve
as a starting point for the City and its partners to refine and advance.
The City Council unanimously voted to adopt Imagine Clearwater by
Resolution 17-13; however, the Clearwater City Charter Section 2.01(d),
Limitations, contains certain limitations on the legislative power of the City
Council. Section 2.01(d)(6) prohibits the development or maintenance for other
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City Council Meeting Minutes July 20, 2017
than as open space and public utilities of certain property lying below the
28-foot mean sea level elevation of Osceola Avenue on the east, Clearwater
Harbor on the west, Drew Street on the north and Chestnut Street on the
south, and the Memorial Causeway without a referendum.
As a result, the following amendments to Charter§2.01(d)(6) are proposed in
order to allow the implementation of Imagine Clearwater. First, the proposed
ordinance defines the term "open space" for the purposes of the charter
section to include sidewalks, boardwalks, elevated walkways, trails, roadways,
stairs, benches, tables, water fountains, litter receptacles, lighting, wayfinding,
similar amenities, and surface parking. Secondly the proposed ordinance
allows as an exception to the open space limitation certain uses and facilities
specifically playgrounds, splash pad, water features, artwork and similar
amenities. Additionally public restrooms and Park storage may be constructed.
The amendment also specifically allows the licensing of events, temporary
booths for vending and mobile concessions. In the portion of the section which
addresses the boat slip facility, language allowing for a boathouse for storage
of non-motorized recreational equipment such as canoes, kayaks, paddle
boards and paddleboats, and a boat ramp to be constructed for such
non-motorized recreational equipment is added.
The ordinance calls for a special city election to be held in conjunction with the
County election on November 7, 2017 for purpose of consideration of the
Charter amendment.
The City Attorney said the ordinance would implement Imagine Clearwater as
it relates to the property that lies at the 28-ft. line down to Pierce Street,it does
not impact those properties fronting Osceola Avenue. The ordinance defines
open space and addresses the park and waterfront uses. The boathouse and
restroom structure will not exceed 2,000 sq. ft.
In response to questions, the City Attorney said the amendments to the
charter are permissive but not required, allowing the City to build a boathouse
or a ramp for the non-motorized recreational equipment. The charter contains
language that allows the rental of non-motorized recreational equipment.
Councilmember Cundiff moved to approve a referendum question
for the city voters to consider a charter amendment to allow for the
construction and maintenance of certain improvements and the
use for other than open space in the area west of Osceola Avenue
between Drew Street and Pierce Street lying below the 28-foot
mean sea level elevation, known as the downtown waterfront, call
for a special city election to be held in conjunction with the county
election on November 7, 2017. The motion was duly seconded and
carried unanimously.
A scrivener's error was noted on page 4 (line 6), 'amenities' was misspelled.
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City Council Meeting Minutes July 20, 2017
Councilmember Jonson moved to amend Ordinance 9063-17 (page 4,
line 33) to read, "...equipment may be permitted allowed. Except for a
ramp..." The motion was duly seconded and carried unanimously.
Councilmember Caudell moved to amend the referendum question to
read as follows: "Shall City Charter Section 2.01(d)(6)be amended as
provided in Ordinance 9063-17 to allow the construction and
maintenance of certain improvements including playgrounds, water
features, artwork, a boathouse, Marina office, restrooms, surface
parking, roadways, plazas, sidewalks, trails, elevated walkways,
boardwalks, benches, picnic tables, water fountains, litter receptacles
and similar amenities, to support the active and passive uses of the city
owned Downtown Waterfront, generally bounded by Pierce St., Drew St.,
the Bluff and the water. " The motion was duly seconded and carried
unanimously.
One individual spoke in opposition, expressing safety concerns with kayak
rentals.
The City Attorney said the change needed for the special act property relates
to the inability to have carnivals or shows of any nature, Council will be moving
forward to the Legislature at a later date. Imagine Clearwater proposes to
locate the amphitheater in that area. The referendum for the charter
amendment is needed because the charter currently "allows open space
only, not recreation space. Staff was aware that structures and improvements
in the area would require a charter amendment. The City Attorney said
Imagine Clearwater was not limited to the charter, it was the basis for
changing the charter.
The Council recessed from 8:12 p.m. to 8:20 p.m.
In response to questions, the City Attorney said the City is piggybacking on the
County's November election for Penny for Pinellas renewal. Open space is
being defined to include a trail, defining open space in the charter avoids any
potential legal challenges.
Ordinance 9063-17 was presented and read by tile only. Vice Mayor
Hamilton moved to pass Ordinance 9063-17 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
11. City Attorney Reports - None
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Meeting Minutes
12. Closing comments by Councilmembers (limited to 3 minutes)
July 20, 2017
Councilmember Caudell said she and the director of Forward Pinellas went to
Boca Raton for an all state MPO meeting where a report regarding federal
level legislative priorities were discussed. The report was unanimously
approved with an added priority to help save the federal TIGER grant funding.
Councilmember Jonson reminded all that the Suncoast League of Cities will
sponsor a breakfast at the Florida League of Cities Annual Conference on
Saturday. He said it was great to see the opening of the trail in Northeast
Pinellas County this morning. He said PSTA student passes are still available
for purchase for $15.00 which includes unlimited rides until the end of
August. He commented on a recent trip to Ireland and read an article in the
Dublin Times regarding how their Council rejected a development due to
height and how it would detract from surrounding structures.
13. Closing Comments by Mayor
14. Adjourn
Attest
City Clerk
City of Clearwater
Mayor Cretekos reviewed recent and upcoming events and offered
condolences to Cynthia Goudeau and Rosemarie Kibitlewski for their recent
loss.
The meeting adjourned at 8:28 p.m.
cje0 1‘fr\cft\.k f
Mayor
City of Clearwater
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