10/16/2019
City Council Meeting Minutes October 16, 2019
City of Clearwater
Main Library - Council Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
Meeting Minutes
Wednesday, October 16, 2019
6:00 PM
Main Library - Council Chambers
City Council
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City of Clearwater
City Council Meeting Minutes October 16, 2019
Roll Call
Present: 5 - Mayor George N. Cretekos, Councilmember Jay Polglaze,
Councilmember Hoyt Hamilton, Vice Mayor Bob Cundiff and
Councilmember David Allbritton
Also Present: William B. Horne II – City Manager, Micah Maxwell – Assistant City
Manager, Michael Delk – Assistant City Manager, Pamela K. Akin City
Attorney, Rosemarie Call – City Clerk and Nicole Sprague – Official
Records & 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. in Council Chambers at the
Main Library.
2. Invocation – Bishop Joseph A. Meyers, III from The Church of Jesus Christ of
Latter-Day Saints.
3. Pledge of Allegiance – Councilmember Hamilton
4. Special recognitions and Presentations (Proclamations, service awards, or other
special recognitions. Presentations by governmental agencies or groups providing
formal updates to Council will be limited to ten minutes.) – Given.
4.1 October Service Awards
Two service awards were presented to city employees.
The September 2019 Employee of the Month Award was presented to
Shane Miller, Marine and Aviation.
4.2 Red Ribbon Week Proclamation, October 23-31, 2019 - Michele Edwards, Clearwater
Neighborhood Family Center
4.3 Domestic Violence Awareness Month Proclamation, October 2019 - Kirk Ray Smith,
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President and CEO of RCS and Melinda Perry, COO of RCS.
4.4 Manufacturing Month Proclamation, October 2019 - Bay Area Manufacturers Association
4.5 Florida City Government Week Proclamation, October 21-27, 2019 - Nicole Sprague,
Official Records and Legislative Services
5. Approval of Minutes
5.1 Approve the minutes of the October 3, 2019 City Council Meeting as submitted in written
summation by the City Clerk.
Councilmember Allbritton moved to approve the minutes of the
October 3, 2019 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
Lina Teixeira reviewed recent contributions to Downtown made by the
private sector and thanked them for their partnership with the City and
local merchants and efforts in sharing Downtown's positive story telling.
7. Consent Agenda – Approved as submitted.
7.1 Approve a local government contribution of $747,000 in General Fund Reserves to be set
aside as a commitment for the Minimum Local Government Areas of Opportunity Funding
that is required for Blue Sky Communities to receive a basis boost in the State of
Florida’s Low Income Housing Tax Credit Program (LIHTC) for an 81-unit affordable
housing development project at 610 Franklin Street; approve Section 15.18 and 15.21 of
the Development Agreement between the Community Redevelopment Agency of the City
of Clearwater and Blue Sky Communities, LLC (Blue Sky) and authorize the appropriate
officials to execute same. (consent)
7.2 Approve a draw request in the amount of $2,648,244.15 from the SunTrust Master
Lease/Purchase Agreement 10481 line of credit to reimburse expenditures for
equipment as listed in Exhibit A, authorize the City’s Finance Director to approve future
draw requests on the credit line and authorize the appropriate officials to execute same.
(consent)
7.3 Authorize the piggyback of State of Florida Contract No. 84121500-15-01, Purchasing
Card Program, with Bank of America, for the term of October 2019 through December
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2020, pursuant to Clearwater Code of Ordinances Section 2.564 (1)(d) Other
Government Entities Bids and authorize the appropriate officials to execute same.
(consent)
7.4 Accept a Natural Gas Easement over, under, across and through a portion of property
conveyed by Marina Del Rey Un B Assn, whose principal address is 1571 Gulf
Boulevard, Clearwater, given in consideration of receipt of $1.00 and the benefits to be
derived therefrom. (consent)
7.5 Renew Grant and Financial Assistance Agreement between the Florida Department of
Law Enforcement and the City of Clearwater, to facilitate a current mutual aid agreement
between the two entities, effective upon execution through June 30, 2020, and authorize
the appropriate officials to execute same. (consent)
7.6 Authorize the piggyback of City of St. Petersburg Contract for Security Cameras,
Installation, Maintenance, and Repairs, to GSA Security, Inc. of Tampa, FL; in the amount
of $400,000 for the 3-year term expiring on June 24, 2022, pursuant to Clearwater Code
of Ordinances Section 2.564(1)(d) Exceptions to Bid - Other Government Entities’ Bids
and authorize the appropriate officials to execute same. (consent)
7.7 Authorize piggyback of Florida State Contract DMS-10/11-008C, for basic cellular/smart
phones and mobile data services, with Verizon Wireless, in an amount not to exceed
$690,000 for the period October 1, 2019 through September 30, 2020, pursuant to
Clearwater Code of Ordinances Section 2.564 (1)(d) Other Government Entities Bids;
and authorize the appropriate officials to execute same. (consent)
7.8 Authorize piggyback of Florida State Contract DMS-08/09-071, for SunCom long
distance service, State AIN Centranet lines, and toll-free lines, in an amount not to exceed
$134,200 for the period October 1, 2019 through September 30, 2020, pursuant to
Clearwater Code of Ordinances Section 2.564 (1)(d) Other Government Entities Bids
and authorize the appropriate officials to execute same. (consent)
7.9 Approve Docking Agreement between the City of Clearwater and The Sandpearl Resort,
LLC for the shared docking facility located adjacent to the Beach Recreation Center and
authorize the appropriate officials to execute same. (consent)
7.10 Authorize establishment of new capital improvement project, C-2005-NORD
Underground Refuse Program and project purchases for a total budget amount of
$1,570,090, which includes Construction Management at Risk Services from Biltmore
Construction Co. Inc. in the amount of $650,500, a truck chassis from Kenworth of
Central Florida in the amount of $235,214, and NORD Underground Refuse Systems in
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the amount of $470,139, all in accordance with Clearwater Code of Ordinances Section
2.564(1)(d) Other Government Entities Bids and authorize the appropriate officials to
execute same. (consent)
7.11 Approve the purchase of HVAC replacement and repair parts, for an annual not to
exceed amount of $350,000 for Fiscal Year 19/20, to vendors as listed, in accordance
with Clearwater Code of Ordinances Section 2.564(1)(d) Other Government Entities
Bids, to include other sourced vendors as required, and authorize the appropriate
officials to execute same. (consent)
7.12 Authorize the award of Invitation to Bid Number 47-19, Police Vehicle Upfitting Services,
to Enforcement One, Inc. of Oldsmar, FL, in the annual not-to-exceed amount of
$300,000.00, to include two one-year renewal terms at the City's option and authorize the
appropriate officials to execute same. (consent)
Councilmember Hamilton 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 donation for development of affordable housing, real
property located at 1304 North Madison Avenue together with vacated right-of-way per
city Ordinance 9327-19; approve the Real Property Donation Agreement between the
City and Habitat for Humanity of Pinellas County, Inc. and allow the appropriate officials to
execute same, together with all other instruments required to affect closing. (APH)
Property located at 1304 N. Madison Avenue (Parent Parcel) is currently vacant,
and it is identified by Resolution 19-10 as a city-owned property appropriate for
use as affordable housing (Pinellas County Property I.D.
10-29-15-26892-007-0110). Property formerly identified as city right-of-way,
vacated by city Ordinance 9327-19 (Additional Parcel), will be combined with
the Parent Parcel under the Donation Agreement. The City acquired the Parent
Parcel earlier this year through foreclosure of code enforcement liens. The
Additional Parcel was acquired in 1946. The City will retain a utilities easement
over the Additional Parcel.
The combined parcels (Property) are located within the North Greenwood
Neighborhood Revitalization Strategy Area which is identified in the city’s
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Consolidated Plan. The Property is suitable for construction of a single-family
home. Habitat for Humanity of Pinellas County is planning to construct a
seven-bedroom home on the Property.
The Property is described as follows:
LOT 11 AND LOT 12 LESS THE SOUTH 20.00' FEET, BLOCK G, FAIRMONT
SUBDIVISION, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT
BOOK 9, PAGE 85, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA.
A staff appraisal valued the property at $42,700 on September 30, 2019.
According to Section 2.01(d)(5)(i) of the Clearwater City Charter, the City
Council may approve the donation or sale for less than fair market value of
city-owned property of not more than one-half acre in size for workforce or
affordable housing following a public hearing. The property is approximately
0.244 acres (10,635 square feet).
Councilmember Allbritton moved to declare surplus, for the purpose
of donation for development of affordable housing, real property
located at 1304 North Madison Avenue together with vacated
right-of-way per city Ordinance 9327-19; approve the Real Property
Donation Agreement between the City and Habitat for Humanity of
Pinellas County, Inc. and allow the appropriate officials to execute
same, together with all other instruments required to affect closing.
The motion was duly seconded and carried unanimously.
8.2 Deny amendments to the Clearwater Community Development Code to expand the
geographical area within the Regional Center Subdistrict of the US 19 District where
self-storage warehouses are currently allowed on a limited number of parcels, to allow the
use on certain parcels 1.1 to 1.2 acres in area with frontage on Seville Boulevard, and do
not pass Ordinance 9308-19 on first reading. (TA2019-06002)
Pursuant to Community Development Code Section 4-601.B, amendments to
the Code may be initiated by the City Council, the Community Development
Coordinator, or by any person in conjunction with an application for a
development approval. BDG Properties, owner of property located at 2611
Seville Boulevard, submitted an application for a text amendment to expand the
area within the Regional Center Subdistrict of the US 19 zoning district where
self-storage warehouses are allowed, in conjunction with the required
development application. The owner has a pending purchase agreement with
RK Development Partners, LLC, a firm which wants to construct a 900-unit
self-storage warehouse with 4,500 square feet of office/retail on the property.
Self-storage warehouses are allowed as a flexible standard use in the US 19
District in the following locations:
Corridor Subdistrict: No parcel size or locational restrictions
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Regional Center Subdistrict: On parcels of .75 acres to .9 acres in size
that existed on or before October 17, 2018 with Street Frontage Type C
that do not have any other Street Frontage Type (per Ordinance 9161-18
adopted on November 1, 2018)
Proposed Ordinance 9308-19 would expand the allowance of this use by also
permitting it in the Regional Center Subdistrict on parcels of 1.1 acres to 1.2
acres in size fronting Seville Boulevard that existed on or before June 3, 2019
as a flexible standard use. The specific locational requirements effectively limit
the amendment, so it applies only to one property, 2611 Seville Boulevard. The
same use specific standards previously established in the 2018 amendment for
those warehouses located in the Regional Center Subdistrict would continue to
apply to this new parcel.
The applicant is utilizing the text amendment process to afford development
rights to the owner of only one property (1.13 acres) located on a specific street
(Seville Boulevard), out of 660 properties located within the Regional Center
Subdistrict. Regulatory devices like land development regulations should apply
to a majority of properties within a zoning district. This property is located on the
border of the Corridor and Regional Center Subdistricts, directly abutting
parcels designated as US 19 Corridor on the Future Land Use Map and in the
Corridor Subdistrict. The US 19 Zoning District and Development Standards
includes the procedures for requesting amendments to the Future Land Use
Map and to change the US 19 Subdistrict for property, which is the appropriate
process for requesting a change affecting a single parcel within the US 19
District.
A summary of the city’s efforts focused on the redevelopment of the US
Highway 19 corridor is provided in the staff report (Table 1). The goal for all of
these efforts is to reposition the corridor to make Clearwater a more
economically competitive, sustainable, and livable community, and the city has
seen renewed investment along US 19 since rezoning the corridor in 2017.
The Planning and Development Department determined that the proposed
ordinance is inconsistent with the standards for review in Clearwater
Community Development Code which apply to text amendments as specified
below (Section 4-601.F):
The proposed amendment is inconsistent with and does not further the
goals, policies and objectives of the Comprehensive Plan; and
The proposed amendment will not further the purposes of the
development code and other city ordinances and actions designed to
implement the plan.
As a whole, the self-storage warehouse use does not support the goals of the
activity centers on US Highway 19 as designated on the Citywide Design
Structure and does not prioritize or support an employment producing or transit
supportive land use in the Regional Center; therefore, expansion of this use in
the Regional Center Subdistrict would be inconsistent with the Comprehensive
Plan, Clearwater Greenprint, Clearwater Economic Development Strategic
Plan, US 19 Corridor Redevelopment Plan and the Clearwater Comprehensive
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Plan and is inconsistent with the purposes of the Community Development
Code.
The Planning and Development Department recommends denial of the
proposed text amendment. The Community Development Board, after
conducting a public hearing on September 17, 2019, recommended denial of
the application by a vote of 5 to 2.
In response to questions, Planning Manager Lauren Matzke said if the
applicant pursued the map amendment, the proposed project would be
approximately 44,000 sq. ft. smaller and over 300 fewer storage units. The
maximum square-footage allowed in the corridor subdistrict is 74,000. The
regional center allows up to 150 ft. in height but the corridor sub-district
allows 100 ft. Ms. Matzke said the proposed project is will be 96 ft. with 8
stories. Planning and Development Director Gina Clayton said staff has
not conducted a detailed analysis on a land use plan amendment but
there are points in the map that would make a map amendment
application appropriate. The applicant has not presented a land
use plan amendment request.
Applicant Representative Brian Aungst reviewed the request and said the
application does not inhibit the implementation of the US 19 plan. The
process pursued by the applicant is legal and available to any property
owner in Clearwater. The US 19 plan is unlike any other plan in
Clearwater; there is only US 19 zoning with its own specific sub-districts.
He said any change to any property in the US 19 plan requires a text
amendment as part of the application. Even if the applicant chose to do a
comprehensive countywide plan map amendment, a text amendment
would still be required. The request before Council was evaluated by
Forward Pinellas staff and was found to be consistent with the countywide
rules. Mr. Aungst said the applicant followed the same process the
Denny's applicant was told to pursue, the text amendment process. RK Dev.
Partners LLC representative, Mr. Reed Hayden said the proposed site is
small and has an awkward shape. Due to the location, it was determined a
retail use would not work because of poor traffic flow and poor visibility from
US 19. He said office and residential uses were also considered but it was
determined neither use would be suitable because a parking garage was not
feasible. The project proposes 18 parking spaces; 10 additional spaces may
be possible. Mr. Hayden said there is approximately 7,000 sq. ft. of potential
office-retail space; the project is proposing 6,000 sq. ft. of office-retail space.
In response to questions, Mr. Aungst said the residential neighbors to
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the east have not provided a response; the apartment units are
leased out and are not homesteaded. The 2.5 FAR density is allowed
in the regional center. Staff has identified the site for intense
development but that type of development will not occur because of the
parking requirement. The project is over 110 feet away from the
closest residential building. Mr. Aungst said the residential building has a
wall on the applicant's property that the applicant will maintain; the
existing trees will remain as well. Mr. Hayden said the residential building is
3-stoies high; the proposed self storage facility will be 8-stories high,
which is below 100 ft. Mr. Aungst said the Community Development
Board recommended denial; the two attorneys on the board voted in the
majority.
One individual spoke in opposition.
Ms. Clayton said staff believes there are other locations in the corridor
that allows self storage facilities. The new self storage on Duncan Avenue
and the one being built on US 19 will add 1,500 new self storage units to
the market. She said process is critical because, in this case, Council is
affording someone rights that other property owners do not have. Staff
suggested the applicant follow the appropriate process. If Council
supports self storage in the regional centers, staff believes it should be
looked at holistically and amend the code to allow it.
Mr. Hayden said self-storage does not generate traffic but allows one to
build to the intensity envisioned within the plan because there isn't much
of a parking requirement. The project will be designed appropriately for
the area and will look like an office building. Mr. Aungst said density is
not before the Council and that there is compelling evidence to support the
legislative decision. The project will include installing a sidewalk,
streetscaping, interconnectivity between the parcels and will
activate the site with 6,000 sq. ft. of retail-office space.
Discussion ensued with comments made that the subject property has
been vacant for a long time, the 7-11 owner does not desire to consolidate
property with the subject site, the project will provide storage space for the
new 1,800 housing units being constructed within 0.5 miles. A concern
was expressed that staff spent a lot of time developing the US 19 corridor
plan and that the Community Development Board recommended denial.
Vice Mayor Cundiff moved to deny amendments to the Clearwater
Community Development Code to expand the geographical area
within the Regional Center Subdistrict of the US 19 District where
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self-storage warehouses are currently allowed on a limited number
of parcels, to allow the use on certain parcels 1.1 to 1.2 acres in area
with frontage on Seville Boulevard. The motion was duly seconded
and failed with the following vote:
Ayes: 1 - Mayor Cretekos
Nays: 4 - Councilmember Polglaze, Councilmember Hamilton, Vice Mayor
Cundiff and Councilmember Allbritton
Request to deny failed.
Ordinance 9308-19 was presented and read by title only.
Councilmember Polglaze moved to pass Ordinance 9308-19 on first
reading. The motion was duly seconded and upon roll call, carried
with the following vote:
Ayes: 4 - Councilmember Polglaze, Councilmember Hamilton, Vice Mayor
Cundiff and Councilmember Allbritton
Nays: 1 - Mayor Cretekos
8.3 Approve the annexation, initial Future Land Use Map designation of Industrial Limited (IL)
and initial Zoning Atlas designation of Industrial, Research and Technology (IRT) District
for 2108 Palmetto Street, and pass Ordinances 9309-19, 9310-19 and 9311-19 on first
reading. (ANX2019-07014)
This voluntary annexation petition involves a 0.895-acre property consisting of
one parcel of land which is currently occupied by a single-family dwelling.
Previously, the property had been used by a vehicle repair business; however,
that use is no longer there. The property is located on the north side of
Palmetto Street approximately 1,080 feet west of North Belcher Road. The
applicant is requesting annexation in order to receive solid waste service from
the city and would like to utilize the property in conjunction with the parcel to the
east, which is also owned by the applicant. The property is contiguous to
existing city boundaries on all sides, and annexation of the property will
eliminate an enclave. It is proposed that the property be assigned a Future Land
Use Map designation of Industrial Limited (IL) and a Zoning Atlas designation of
Industrial, Research & Technology (IRT).
The Planning and Development Department determined that the proposed
annexation is consistent with the provisions of Community Development Code
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Section 4-604.E as follows:
The property currently receives water service from the City. Sanitary
sewer is not readily available to the property. Collection of solid waste
will be provided by the City of Clearwater. 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
#48 located at 1700 North Belcher Road. The City has adequate
capacity to serve this property with solid waste, police, fire and EMS
service. The proposed annexation will not have an adverse effect on
public facilities and their levels of service; and
The proposed annexation is consistent with and promotes the following
objectives and policy of the Clearwater Comprehensive Plan:
Objective A.6.4 Due to the built-out character of the City of
Clearwater, compact urban development within the urban
service area shall be promoted through application of the
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.
The proposed Industrial Limited (IL) Future Land Use Map category is
consistent with the current Countywide Plan designation of the property.
This designation primarily permits nonresidential uses at a floor area
ratio (FAR) of 0.65. The proposed zoning district to be assigned to the
property is the Industrial, Research & Technology (IRT) District. The
existing detached dwelling has remained unchanged since constructed
in 1947; however, this residential use is not allowed in the Industrial,
Research & Technology (IRT) District. The owner has been advised that
this would be a nonconforming use within the City and is aware of the
provisions of Community Development Code Article 6 Nonconformity
Provisions which apply to this property once annexed into the City.
Additionally, any future use would be required to meet the standards of
the Industrial, Research & Technology (IRT) District.; and
The property proposed for annexation is contiguous to existing city
boundaries on all sides; therefore, the annexation is consistent with
Florida Statutes Chapter 171.044.
Vice Mayor Cundiff moved to approve the annexation, initial Future
Land Use Map designation of Industrial Limited (IL) and initial
Zoning Atlas designation of Industrial, Research and Technology
(IRT) District for 2108 Palmetto Street. The motion was duly
seconded and carried unanimously.
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Ordinance 9309-19 was presented and read by title only.
Councilmember Hamilton moved to pass Ordinance 9309-19 on first
reading. The motion was duly seconded and upon roll call, carried
with the following vote:
Ayes: 5 - Mayor Cretekos, Councilmember Polglaze, Councilmember Hamilton,
Vice Mayor Cundiff and Councilmember Allbritton
Ordinance 9310-19 was presented and read by title only.
Councilmember Allbritton moved to pass Ordinance 9310-19 on first
reading. The motion was duly seconded and upon roll call, carried
with the following vote:
Ayes: 5 - Mayor Cretekos, Councilmember Polglaze, Councilmember Hamilton,
Vice Mayor Cundiff and Councilmember Allbritton
Ordinance 9311-19 was presented and read by title only.
Councilmember Polglaze moved to pass Ordinance 9311-19 on first
reading. The motion was duly seconded and upon roll call, carried
with the following vote:
Ayes: 5 - Mayor Cretekos, Councilmember Polglaze, Councilmember Hamilton,
Vice Mayor Cundiff and Councilmember Allbritton
8.4 Approve the annexation, initial Future Land Use Map designation of Residential Low (RL)
and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District
for 1421 West Virginia Lane and pass Ordinances 9312-19, 9313-19, and 9314-19 on
first reading. (ANX2019-07015)
This voluntary annexation petition involves 0.19 acres consisting of one
parcel of land occupied by a single-family dwelling. The property is located
on the east side of West Virginia Lane, approximately 865 feet south of
SR590. The applicant is requesting annexation to receive solid waste
service from the City. The property is located within an enclave and is
contiguous to existing city limits to the 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 and sanitary sewer service
from the City. Collection of solid waste will be provided for the
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property by the City of Clearwater. 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 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 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 to be assigned to the property is consistent with the
Countywide Plan designation. 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) 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
limits to the west; therefore, the annexation is consistent with
Florida Statutes Chapter 171.044.
Vice Mayor Cundiff 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 1421 West Virginia Lane. The motion was duly
seconded and carried unanimously.
Ordinance 9312-19 was presented and read by title only.
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Councilmember Hamilton moved to pass Ordinance 9312-19 on first
reading. The motion was duly seconded and upon roll call, the vote
was:
Ayes: 5 - Mayor Cretekos, Councilmember Polglaze, Councilmember Hamilton,
Vice Mayor Cundiff and Councilmember Allbritton
Ordinance 9313-19 was presented and read by title only.
Councilmember Allbritton moved to pass Ordinance 9313-19 on first
reading. The motion was duly seconded and upon roll call, the vote
was:
Ayes: 5 - Mayor Cretekos, Councilmember Polglaze, Councilmember Hamilton,
Vice Mayor Cundiff and Councilmember Allbritton
Ordinance 9314-19 was presented and read by title only.
Councilmember Polglaze moved to pass Ordinance 9314-19 on first
reading. The motion was duly seconded and upon roll call, the vote
was:
Ayes: 5 - Mayor Cretekos, Councilmember Polglaze, Councilmember Hamilton,
Vice Mayor Cundiff and Councilmember Allbritton
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 1861 East Drive and pass Ordinances 9318-19, 9319-19 and 9320-19 on first
reading. (ANX2019-07017)
This voluntary annexation petition involves 0.216 acres of property consisting of
one parcel of land occupied by a single-family home. The parcel is located on
the east side of East Drive approximately 223 feet south of Sunset Point Road.
The applicant is requesting annexation in order to receive sanitary sewer and
solid waste service from the City. The property is located within an enclave and
is contiguous to existing city limits to the north, east and south. It is proposed
that the property be assigned a Future Land Use Map designation of Residential
Low (RL) and a Zoning Atlas designation of Low Medium Density Residential
(LMDR).
The Planning and Development Department determined that the proposed
annexation is consistent with the provisions of Clearwater Community
Development Code Section 4-604.E as follows:
The property currently receives water service from the City. The closest
sanitary sewer line is located in the adjacent East Drive right-of-way.
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The applicant has paid the required sewer impact and assessment fees
in full and is aware of the additional costs to extend city sewer service to
the property. Collection of solid waste will be provided to the property by
the City. The property is located within Police District II and service will
be administered through the district headquarters located at 645 Pierce
Street. Fire and emergency medical services will be provided to this
property by Station #51 located at 1720 Overbrook Avenue. The City has
adequate capacity to serve 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:
Objective A.6.4 Due to the built-out character of the City of
Clearwater, compact urban development within the urban
service area shall be promoted through application of the
Clearwater Community Development Code.
Objective A.7.2 Diversify and expand the City’s tax base through
the annexation of a variety of land uses located within the
Clearwater Planning Area.
Policy A.7.2.3 Continue to process voluntary annexations for
single-family residential properties upon request.
The proposed Residential Low (RL) Future Land Use Map category to
be assigned to the property is consistent with the Countywide Plan
designation. 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, east and south; therefore, the annexation is consistent with
Florida Statutes Chapter 171.044.
Councilmember Allbritton 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 1861 East Drive. The motion was duly seconded
and carried unanimously.
Ordinance 9318-19 was presented and read by title only.
Councilmember Hamilton moved to pass Ordinance 9318-19 on first
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reading. The motion was duly seconded and upon roll call, the vote
was:
Ayes: 5 - Mayor Cretekos, Councilmember Polglaze, Councilmember Hamilton,
Vice Mayor Cundiff and Councilmember Allbritton
Ordinance 9319-19 was presented and read by title only.
Councilmember Allbritton moved to pass Ordinance 9319-19 on first
reading. The motion was duly seconded and upon roll call, the vote
was:
Ayes: 5 - Mayor Cretekos, Councilmember Polglaze, Councilmember Hamilton,
Vice Mayor Cundiff and Councilmember Allbritton
Ordinance 9320-19 was presented and read by title only.
Councilmember Polglaze moved to pass Ordinance 9320-19 on first
reading. The motion was duly seconded and upon roll call, the vote
was:
Ayes: 5 - Mayor Cretekos, Councilmember Polglaze, Councilmember Hamilton,
Vice Mayor Cundiff and Councilmember Allbritton
9. Second Readings - Public Hearing
9.1 Pass Ordinance 9298-19 on second reading, annexing certain real property whose post
office address is 1819 Audubon Street, Clearwater, Florida 33764, together with a
certain portion of Audubon Street right-of-way, into the corporate limits of the city and
redefining the boundary lines of the city to include said addition.
Ordinance 9298-19 was presented and read by title only.
Vice Mayor Cundiff moved to pass Ordinance 9298-19 on
second reading. The motion was duly seconded and upon roll call,
the vote was:
Ayes: 5 - Mayor Cretekos, Councilmember Polglaze, Councilmember Hamilton,
Vice Mayor Cundiff and Councilmember Allbritton
11. City Manager Reports
11.1 Support the Florida Gulf Coast Hope Spot and adopt Resolution 19-28.
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Hope Spots are recognized areas critical to ocean health and human
communities. These areas provide at least one of the following functions:
A special abundance or diversity of species, unusual or
representative species, habitats or ecosystems
Particular populations of rare, threatened or endemic species
A site with potential to reverse damage from negative human
impacts
The presence of natural processes such as major migration
corridors or spawning grounds
Significant historical, cultural or spiritual values
Particular economic importance to the community
Hope Spots are not a legal designation or regulatory entity and do not bring any
rules or restrictions to their location. There is no cost associated with an area
becoming a Hope Spot. Instead, they are recognized as special locations by
world-renowned biologist Dr. Sylvia Earle’s organization, Mission Blue, and
advocated as sites worthy of scientific research and preservation. Mission Blue
announces and promotes its Hope Spots to an extensive network of marine
scientists, who may conduct studies or hold conferences in the surrounding
areas. To its Hope Spots, Mission Blue facilitates funding support, collaboration
between potential partners, and assists in increasing local, international, and
governmental recognition. Furthermore, a Hope Spot designation promotes an
area as an eco-tourism destination.
The Hope Spot along Florida’s Gulf Coast will encourage an influx of visitors, be
they scientists or tourists, to visit the region. This will assist the city of
Clearwater’s strategic direction by increasing the economic opportunity of our
area. The Hope Spot will also support the values laid out by the city’s
Comprehensive Plan, which prescribes the “preservation of all living and
nonliving coastal zone resources” and the “avoidance of loss of coastal zone
resources.”
On May 16, 2019, the City of Dunedin passed a resolution supporting Florida
Gulf Coast Hope Spot. The Tampa Bay Estuary Program and Pinellas County
Board of Commissioners Chair have each issued statements in support of the
Hope Spot being established in the coastal waters from Apalachicola to Ten
Thousand Islands Wildlife Refuge. In recognition of its benefits and alignment
with city values, it is recommended that the City of Clearwater City Council
issue a resolution in support of the Florida Gulf Coast Hope Spot.
Councilmember Hamilton moved to support the Florida Gulf Coast
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City Council Meeting Minutes October 16, 2019
Hope Spot. The motion was duly seconded and carried
unanimously.
Resolution 19-28 was presented and read by title only.
Councilmember Allbritton moved to adopt Resolution 19-28. The
motion was duly seconded and upon roll call, the vote was:
Ayes: 5 - Mayor Cretekos, Councilmember Polglaze, Councilmember Hamilton,
Vice Mayor Cundiff and Councilmember Allbritton
11.2 Approve an agreement between the City of Clearwater (City) and Redflex Traffic
Systems, Inc. (Redflex), for a Traffic Camera Safety Improvement Program, through
October 30, 2024, in accordance with Clearwater Code of Ordinances Section 2.564(1)
(d) Other Government Entities Bids and authorize the appropriate officials to execute
same.
In April 2011, the City of Clearwater issued request for proposal (RFP) 22-11,
which sought proposals relating to the implementation of a Red Light Camera
Safety Program. A committee, which comprised employees from the Police
Department, Traffic Engineering, and the Legal Department, evaluated the
submitted proposals; Redflex Traffic Systems, Incorporated, received the
highest ranking.
As directed by the City Council, and through negotiations with Redflex Traffic
Systems, Incorporated, an agreement resulted in a six-month Red Light
Camera Pilot Program. In November 2011, after a successful Red Light
Camera Pilot Program, the program continued with three intersection
approaches: eastbound Chestnut Street at South Fort Harrison Avenue,
westbound State Road 60 (Gulf-to-Bay Boulevard) at Belcher Road, and
eastbound State Road 60 (Gulf-to-Bay Boulevard) at Belcher Road.
Since this time, the Clearwater Police Department has operated a Traffic
Camera Safety Improvement Program utilizing red-light-camera technology.
The current agreement is scheduled to expire on October 30, 2019.
Under the terms of this agreement, the City of Clearwater and Redflex Traffic
Systems would enter into a two-year agreement, which automatically renews
for three successive, one-year period(s).
The terms of the agreement are substantially similar to the expiring agreement;
during the contract period, the City of Clearwater would transfer to Redflex
Traffic Systems, Incorporated, monthly, the amount of $4,270.00 per
intersection approach should five or fewer intersection approaches be utilized in
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City Council Meeting Minutes October 16, 2019
the program. If more than five intersection approaches are implemented, a per
month intersection approach fee of $4,100.00 would apply.
In an effort to ensure negligible budgetary impact, should the derived revenues
not exceed the per intersection approach fee during any given period, Redflex
Traffic Systems, Incorporated, agrees to allow the City of Clearwater to defer
payment of the deficit amount. At the end of the contract term, should
collections be insufficient to account for the balance due, Redflex Traffic
Systems, Incorporated, waives its right to collection of the deficit amount and
the City of Clearwater may terminate the contract with cause. Overages in
collections during any subsequent billing period would be applied to applicable
monthly balance(s) in arrears.
If the Florida Legislature enacts legislation repealing the statutory authorization
for the City to operate a red-light-camera program, then the agreement will
automatically terminate upon the effective date of the legislation; the City will not
be obligated to pay any financial penalty, but would be obligated only to pay the
amount owed to Redflex pursuant to EXHIBIT “D” of the Redflex Exclusive
Agreement for services provided up to the effective date of the legislation.
The pricing included in this agreement was previously competitively solicited
and obtained through the National Cooperative Purchasing Alliance (NCPA), a
national resource for public entities for similar public solicitations; the City of
Clearwater is a participating member in this partnership. The pricing is
unchanged from our current agreement with Redflex.
APPROPRIATION CODE AND AMOUNT:
Funding for this contractual agreement is included in the Police Department’s
fiscal year 2019-2020 operating budget request for cost code, 0101139-530300,
contractual services. Future fiscal year funding will be required through the
annual Operating Budget Process.
In response to questions, Police Chief Daniel Slaughter said utilizing
the cameras are safer than having an officer go through an intersection.
An effective deterrent is certainty; when one runs a red light, a citation will
be issued. The agreement includes a 90-day cancellation clause.
Three individuals spoke in opposition.
One individual spoke in support.
Councilmember Hamilton moved to approve an agreement between
the City of Clearwater (City) and Redflex Traffic Systems, Inc.
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City Council Meeting Minutes October 16, 2019
(Redflex), for a Traffic Camera Safety Improvement Program,
through October 30, 2024, in accordance with Clearwater Code of
Ordinances Section 2.564(1)(d) Other Government Entities Bids and
authorize the appropriate officials to execute same. The motion was
duly seconded and carried unanimously.
11.3 Accept an Underground Communications Easement containing two easement areas (a
34-foot easement and a 50-foot easement), from Duke Energy Florida, LLC for the
construction, installation and maintenance of underground communications facilities on
real property located in Duke Energy Right-of-Way, West of Spectrum Field and adopt
Resolution 19-31.
The proposed easement will provide the City with property rights necessary
for the construction, installation and maintenance of underground
communications facilities within the easement that will support the new City
Transfer Station and the Phillies Carpenter Complex at Spectrum Field.
The City Engineering Department recommends acceptance of the easement.
Councilmember Allbritton moved to accept an Underground
Communications Easement containing two easement areas (a
34-foot easement and a 50-foot easement), from Duke Energy
Florida, LLC for the construction, installation and maintenance of
underground communications facilities on real property located in
Duke Energy Right-of-Way, West of Spectrum Field. The motion was
duly seconded and carried unanimously.
Resolution 19-31 was presented and read by title only.
Councilmember Polglaze moved to adopt Resolution 19-31. The motion
was duly seconded and upon roll call, the vote was:
Ayes: 5 - Mayor Cretekos, Councilmember Polglaze, Councilmember Hamilton,
Vice Mayor Cundiff and Councilmember Allbritton
11.4 Approve the First Amendment (Amendment) to that certain Contract for Sale of Real
Property by the City of Clearwater, Florida between the City of Clearwater (City) and
Equity Lifestyle Properties, Inc. (ELS) and authorize the appropriate officials to execute
same.
The City and ELS entered into that certain Contract for Sale of Real Property on
November 20, 2018 (Contract) for the sale of city-owned property in
Hillsborough County more particularly described as Hillsborough County folio
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City Council Meeting Minutes October 16, 2019
numbers 001688-0000, 001689-0000, and 001697-0000.
The Contract provided an opportunity for the parties to identify and memorialize
certain pre-existing conditions related to the City’s prior use of the Property by
mutual agreement. No such conditions were identified by mutual agreement
and no addendum to the agreement was memorialized.
For purposes of clarification, the parties now wish to amend Section 20 of the
Agreement to reflect that the Inspection Period as defined in the Contract has
passed, with no such conditions being identified. The remainder of the
indemnity provisions as written shall remain intact.
Vice Mayor Cundiff moved to approve the First Amendment
(Amendment) to that certain Contract for Sale of Real Property by
the City of Clearwater, Florida between the City of Clearwater (City)
and Equity Lifestyle Properties, Inc. (ELS) and authorize the
appropriate officials to execute same. The motion was duly
seconded and carried unanimously.
11.5 Authorize the recording of a lien for a total cost of $27,444.24 on the property located at
401 N. Garden Avenue, Clearwater, Florida, which has a legal description of the West ½
of Lot 11, Block 2, Hart’s addition to Clearwater, according to the map or plat thereof as
recorded in Plat Book 1, Page 94, of the Public Records of Hillsborough County, Florida
of which Pinellas County was formerly a part and whose owner is JPAC, LLC and adopt
Resolution 19-07.
The Building Official initially declared the structure found on this property unsafe
under Chapter 47, Article VII of the Clearwater Community Development Code
on April 27, 2016. The property owner did not appeal this decision to the
Building/Flood Board of Adjustment and Appeals and therefore the Building
Official had the authority to abate the unsafe condition by repair, vacation, or
demolition, or any combination thereof, under Sect. 301.1 of the Standard
Unsafe Building Abatement Code which was adopted by the City in Sect.
47.051(1)(e), Clearwater Community Development Code.
After the property owner failed to bring the property into full compliance with
code requirements, the City secured the property several times. However, the
continued inaction of the property owner and certain actions of trespassers
caused the structure to continue to deteriorate. The City was therefore forced
to demolish the property for the safety of the public. The City has incurred
$27,444.24 in demolition costs and is entitled to a lien on the property in that
amount under Chapter 7 of the Standard Unsafe Building Abatement Code.
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Councilmember Hamilton moved to authorize the recording of a lien
for a total cost of $27,444.24 on the property located at 401 N.
Garden Avenue, Clearwater, Florida, which has a legal description
of the West ½ of Lot 11, Block 2, Hart’s addition to Clearwater,
according to the map or plat thereof as recorded in Plat Book 1,
Page 94, of the Public Records of Hillsborough County, Florida of
which Pinellas County was formerly a part and whose owner is
JPAC, LLC. The motion was duly seconded and carried
unanimously.
Resolution 19-07 was presented and read by title only.
Councilmember Allbritton moved to adopt Resolution 19-07. The
motion was duly seconded and upon roll call, the vote was:
Ayes: 5 - Mayor Cretekos, Councilmember Polglaze, Councilmember Hamilton,
Vice Mayor Cundiff and Councilmember Allbritton
11.6 Ratify and confirm Submerged Land Lease (SLL) between the State of Florida and the
City of Clearwater for the shared docking facility adjacent to the Beach Recreation Center
and authorize the appropriate officials to execute same.
This shared docking facility has been operating under a Temporary Use
Agreement (TUA) from the State of Florida following an ownership discrepancy
until a Submerged Land Lease could be secured. This SLL authorizes a
forty-two slip commercial docking facility for the mooring of recreational
vessels. Fifteen or 36% of these slips are open to the public free of charge on a
first come basis. The remaining twenty-seven or 64% of the slips will be used
by the Sandpearl Resort under a separate Docking Agreement between the City
and Sandpearl Resort, LLC.
APPROPRIATION CODE AND AMOUNT:
Funds are available in non-departmental cost code 0107010-544300
(rentals-land), to fund this agreement. Offsetting revenues will be coded to
General Fund reimbursement revenue code 010-369903.
Councilmember Polglaze moved to ratify and confirm Submerged
Land Lease (SLL) between the State of Florida and the City of
Clearwater for the shared docking facility adjacent to the Beach
Recreation Center and authorize the appropriate officials to execute
same. The motion was duly seconded and carried unanimously.
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The City Manager said he wanted to address the term flexibility as it relates to the Community
Development Code. Staff uses flexibility within the written plan and code, however, staff does not
make exceptions. Exceptions are made by Council.
12. City Attorney Reports — None.
13. Closing comments by Councilmembers (limited to 3 minutes)
Councilmember Polglaze said there has been private sector involvement;
the private sector has ambition and needs to be good partners.
Vice Mayor Cundiff said he attended a lunch today that honored two law
enforcement officers; one was CPD Officer Fredrick who loves to read to
children.
Councilmember Allbritton said everyone had been looking forward to the
Council trip to Nagano, Japan, however a recent typhoon cancelled the trip
due to the devastating destruction.
Councilmember Hamilton said the typhoon that hit Nagano, Japan was the
equivalent to a Category 4 or 5 hurricane and it will take them awhile to
recover; he extended thoughts and prayers. He wished everyone a safe
and enjoyable Jazz Holiday.
14. Closing Comments by Mayor
15. Adjourn
Mayor Cretekos reviewed recent and upcoming events.
The meeting adjourned at 8:09 p.m.
—ZOrICr‘CrAtFof
City of Clearwater
Mayor
City of Clearwater
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