11/17/2022 City Council Meeting Minutes November 17, 2022
City of Clearwater
Main Library- Council Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
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Meeting Minutes
Thursday, November 17, 2022
6:00 PM
Main Library - Council Chambers
City Council
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City of Clearwater
City Council Meeting Minutes November 17, 2022
Roll Call
Present: 5 - Mayor Frank Hibbard, Vice Mayor Kathleen Beckman,
Councilmember David Allbritton, Councilmember Mark Bunker and
Councilmember Lina Teixeira
Also Present: Jon Jennings — City Manager, Jennifer Poirrier—Assistant City
Manager, Michael Delk—Assistant City Manager, Owen Kohler—
Lead Assistant City Attorney, Rosemarie Call — City Clerk and Nicole
Sprague — Deputy City Clerk.
To provide continuity for research, items are listed in agenda order although not
necessarily discussed in that order.
1. Call to Order— Mayor Frank Hibbard
The meeting was called to order at 6:00 p.m.
2. Invocation — Councilmember Allbritton
3. Pledge of Allegiance
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 November Service Awards
Two service awards were presented to city employees.
The September/October 2022 Bimonthly Team Award was presented to the
Crest Lake Park Team: Maurice Hunter and Ander Woods.
The October Employee of the Month Award was presented to Kelsey
Troyer, Public Works.
The November/December Bimonthly Team Award was presented to the
Transit Camp Environmental Cleanup Team: William Anderson, Paul Mack,
John McDowell, Chancee Anderson, Brian DeWitt, Joel Donogan, Michael
Ryder, Jimmie Evans, Patrick Pothier, Randy Pothier, Steve Ussery,
Edward Castillo, Kalie Elkins, Brian Lennon, Ali Ismailoski, Patrick Zulla, Jeff
Gilliam, Markus DeBose, Marcus Weaver, Caleb Bishoff, Charles
Stephenson, Theodore Hordych, Aaron Cowan, Anthony Hadley, Dexter
Waters, Matt Henderson, Robert Reed, Darius Bryant, Larry Jones, and
Stephen Della Volpe.
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4.2 Citizens Academy 2022 Graduation
4.3 Lo Mejor de Tampa Bay 2022 and Prospera Awards
5. Approval of Minutes
5.1 Approve the minutes of the November 3, 2022 City Council Meeting as submitted in
written summation by the City Clerk.
Councilmember Allbritton moved to approve the minutes of the
November 3, 2022 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
Mark Birenbaum opposed the proposed charter school at Nursery Road
and expressed concerns that impacted residents were not properly
noticed regarding the project and that staff has provided no communication
on the concerns raised by residents.
Michael Dalton opposed the proposed charter school at Nursery Road
and stated that the proposed school's request does not meet city code.
Marita Lynch expressed concerns regarding the harassment and threats
targeting the volunteers and women seeking care at a woman's health
clinic located on Highland Avenue.
Kathy Flaherty provided a slide show of trash cans located near storm
drains that feed into Stevenson Creek and stated that the trash
dumpsters are illegal.
Norm Bild shared details of the Honorable George J. Tenet's memorial
ceremony and the history of the William Donovan Award.
Mr. Holuba expressed concerns with the number of resignations and
terminations within the Clearwater Police Department and with the
promotion from within strategy.
Amaro Lionheart said the Clearwater Police Department is one of the
finest police departments in the nation. He said the officers serve with
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excellence and professionalism.
Lisa Lanza expressed concerns with cohousing, second dwellings, and
mother-in-law apartments in certain neighborhoods where driveways can
only accommodate one car.
7. Consent Agenda
7.1 Approve the Contract for Purchase of Real Property by the City of Clearwater, Florida
(Contract) between the City of Clearwater (Seller) and Palm Bluff Development Group,
LLC (Buyer); and authorize the appropriate officials to execute same, together with all
other instruments required to affect closing. (consent)
The subject property is located on N Garden Avenue, Clearwater, FL 33755 and
identified as Parcel I D 09-29-15-25542-004-0360.
December 28, 2018, the City of Clearwater acquired the fee simple ownership
of this vacant lot on N Garden Ave in foreclosure via Certificate of Title from the
Circuit/County Court, Pinellas County, Civil Division.
An independent appraisal was performed on the property on June 15, 2022, by
Jim Millspaugh and Associates, Inc. This appraisal report determined that the
fair market value is $87,500.
August 18, 2022, City Council declared the property surplus for sale through
Invitation to Bid #43-22, whereby the successful bid was required to meet the
terms set by Council. Per City Charter Section 2.01, real property declared
surplus shall be sold to the party submitting the highest competitive bid above
the appraised value whose bid meets the terms set by the Council and whose
proposed use of the property is in accordance with the Council's stated purpose
for declaring the property surplus. Accordingly, all qualifying bids were required
to meet the following terms:
• Bid price shall exceed$87,500.00
• Successful bidder shall negotiate a mutually agreed upon purchase
contract with the City.
The City received one bid that met the minimum qualifications listed above.
• Palm Bluff Development Group, LLC submitted a qualifying bid with a
proposed purchase price of$201,000.00.
Consistent with City Charter 2.01 referenced above, staff recommends
approval of the Contract between the city and Palm Bluff Development
Group, LLC, the bidder having submitted the highest competitive bid
above the appraised value whose bid meets the terms set by the
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Council. Proceeds from sale will be deposited into the General Fund.
One individual questioned why the City was selling the property and
asked for the physical address.
Deputy City Engineer Elliot Shoberg said the City received a solicitation to
purchase the property, released a sealed bid and awarded it to the highest
bidder. The City obtained the property in a foreclosure in 2018.
Vice Mayor Beckman moved to approve the Contract for
Purchase of Real Property by the City of Clearwater, Florida
(Contract) between the City of Clearwater (Seller) and Palm Bluff
Development Group, LLC (Buyer); and authorize the appropriate
officials to execute same, together with all other instruments
required to affect closing. The motion was duly seconded and
carried unanimously.
7.2 Approve a professional service agreement and work order with Harvard Jolly Inc., of St.
Petersburg, FL, for the design of the new S. Osceola Avenue Parking Garage
22-0011-EN in the amount of$1,540,598, pursuant to Request for Qualifications (RFQ)
40-22 and authorize the appropriate officials to execute same. (consent).
Development in and around Coachman Park has resulted in numerous parking
lots being repurposed. Additionally, the new band shell at Imagine Clearwater
will seat 9,000 attendees resulting in an increased demand for parking in the
downtown core. Earlier this year, the City entered into an agreement with
Peace Memorial Church to purchase property located at the corner of Pierce
Street & S. Osceola Ave for the purpose of building a parking garage that will
provide parking for Peace Memorial, the band shell, and the downtown core in
general. Per Downtown District & Development standards, the garage building
will have a first-floor commercial component.
In April 2022, Desman Inc (Parking consultant of Record) was contacted to
prepare a proforma to determine how a parking garage could work at this
location. Based on their proforma, a parking garage of approximately 550
parking spaces will fit within the required setbacks at that location. Desman
estimated the total project cost at $26,280,500.
June 27, 2022, RFQ 40-22 for design services for the new parking garage was
advertised. The selection committee consisted of representatives from
Engineering, Planning and CRA. Five firms responded to the RFQ. The
committee short listed three firms for oral presentations and selected Harvard
Jolly due to their experience with similar projects, attention to detail, and
knowledge of Clearwater regulations.
The work order includes design, construction documents, and engineering
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services for a 550-575 space parking garage with first floor commercial
frontage. The building will conform to all downtown regulations and will include
a solar component. Harvard Jolly will design the building to meet all applicable
codes and ensure the fagade fits within the surrounding architectural styling.
Design is expected to take 12 months through end of permitting (December
2023), including city review time, DRC review and final building permit review
and issuance.
Construction is estimated to start in January 2024 and should be completed in
early 2025.
APPROPRIATION CODE AND AMOUNT:
ENPK180003-DSGN-PROSVC $1,540,598
A first quarter budget amendment will provide a transfer of$700,000 from
capital improvement project ENPK180002, Parking Lot Improvements, to
ENPK180003, Parking Facilities.
Addition funds are available in ENPK180003, Parking Facilities to fund the work
order.
One individual questioned the site address of the cited parcel.
A comment was made that the parking lot will be located at the corner of
Osceola Avenue and Pierce Street.
Councilmember Bunker moved to approve a professional service
agreement and work order with Harvard Jolly Inc., of St.
Petersburg, FL, for the design of the new S. Osceola Avenue
Parking Garage 22-0011-EN in the amount of $1,540,598,
pursuant to Request for Qualifications (RFQ) 40-22 and authorize
the appropriate officials to execute same. The motion was duly
seconded and carried unanimously.
7.3 Approve settlement of workers' compensation claims 19000114 and 21000021 for
payment of$120,000 to Jesse Myers, inclusive of attorney fees and costs with a general
release of all claims, and authorize the appropriate officials to execute same. (consent)
Jesse Myers was employed as a police officer with the Clearwater Police
Department since April 30, 2007 and was approved for a job-connected
disability pension on March 10, 2022.
The 2019 claim relates to a neck injury with subsequent surgery. Claims paid
to date total $108,519 for medical, indemnity and legal fees. A second surgery
may be required because symptoms continue, which would cost approximately
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City Council Meeting Minutes November 17, 2022
$87,500 including post-op medication, physical therapy, and potential indemnity.
The 2021 claims relate to an arrhythmia condition. Claims paid to date total
$49,395 for medical, indemnity and legal fees. An ablation procedure to correct
the condition would cost approximately $20,000-$30,000. There would be no
further medical costs if the first ablation is successful, but first ablations are not
always successful.
This settlement was negotiated by the City's outside legal counsel for workers'
compensation claims, Mark Hungate with Banker, Lopez, Gassler P.A., and is
recommended by the City's claims committee, subject to City Council approval.
APPROPRIATION CODE AND AMOUNT:
5907590-545800 Insurance Claims - Workers' Compensation
One individual questioned what occurred and wondered if the City took
any precautionary measures to prevent the incident in the future.
Councilmember Teixeira moved to approve settlement of workers'
compensation claims 19000114 and 21000021 for payment of
$120,000 to Jesse Myers, inclusive of attorney fees and costs
with a general release of all claims, and authorize the appropriate
officials to execute same. The motion was duly seconded and
carried unanimously.
7.4 Approve the Second Amendment to Lease Agreement between Clearwater for Youth,
Inc., and the City of Clearwater to provide additional office space and to provide payment
for tickets to CFY events and authorize the appropriate officials to execute same.
(consent)
On April 21, 2005, the Council approved a 5-year Agreement between
Clearwater for Youth, Inc. (CFY), and the City of Clearwater, which expired on
January 31, 2010, and has been successfully renewed for additional five-year
periods since that time. The original Lease Agreement allows for CFY to
continue to utilize offices located at the Long Center as a base for their
operations, and to provide financial support to the CFY through in-kind services
of general office space and utility services.
This Second Amendment to the Agreement provides for additional leased space
for the CFY which is required due to their growing business needs and provide
for payment to CFY for tickets to CFY events.
Staff recommends amending the current agreement to provide for additional
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office space and provide for payment for tickets to CFY events.
One individual stated that the organization has hired a former city employee.
The Council recessed from 6:57 p.m. to 7:03 p.m.
Councilmember Allbritton moved to approve the Second
Amendment to Lease Agreement between Clearwater for Youth,
Inc., and the City of Clearwater to provide additional office space
and to provide payment for tickets to CFY events and authorize
the appropriate officials to execute same. The motion was duly
seconded and carried unanimously.
Public Hearings - Not before 6:00 PM
8. Administrative Public Hearings
8.1 Approve the annexation, initial Future Land Use Map designation of Residential Urban
(RU) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR)
District for 3144 Johns Parkway, and pass Ordinances 9591-22, 9592-22, and 9593-22
on first reading. (ANX2022-06009)
This voluntary annexation petition involves a 0.187-acre property consisting of
one parcel of land occupied by a detached dwelling. The property is located on
the north side of Johns Parkway approximately 615 feet east of South McMullen
Booth Road. The applicant is requesting annexation in order to receive sanitary
sewer and solid waste service from the City. The property is contiguous to
existing city boundaries to the north, east, and west. It is proposed that the
property be assigned a Future Land Use Map designation of Residential Urban
(RU) and a Zoning Atlas designation of Low Medium Density Residential
(LMDR).
The Planning and Development Department determined that the proposed
annexation is consistent with the provisions of 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 Johns Parkway
right-of-way. The applicant has paid the required sewer impact fee in full
and is aware of the additional costs to extend city sewer service to this
property. The property is located within Police District III and service will
be administered through the district headquarters located at 2851
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McMullen Booth Road. Fire and emergency medical services will be
provided to this property by Station #49 located at 565 Sky Harbor Drive.
The city has adequate capacity to serve this property with sanitary
sewer, solid waste, police, and 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 Urban (RU) Future Land Use Map category is
consistent with the current Countywide Plan designation of the property.
This proposed RU category primarily permits residential uses at a
density of 7.5 units per acre. The proposed zoning district to be
assigned to the property is the Low Medium Density Residential (LMDR)
District. The use of the subject property is consistent with the uses
allowed in the district and the property exceeds the district's minimum
dimensional requirements. The proposed annexation is therefore
consistent with the Countywide Plan and the City's Comprehensive Plan
and Community Development Code; and
• The property proposed for annexation is contiguous to existing city
boundaries to the north, east, and west; therefore, the annexation is
consistent with Florida Statutes Chapter 171.044.
Ordinances 9591-22, 9592-22, and 9593-22 were presented and
read by title only.
Vice Mayor Beckman moved to approve the annexation, initial
Future Land Use Map designation of Residential Urban (RU) and
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initial Zoning Atlas designation of Low Medium Density
Residential (LMDR) District for 3144 Johns Parkway, and pass
Ordinances 9591-22, 9592-22, and 9593-22 on first reading. The
motion was duly seconded and upon roll call, the vote was:
Ayes: 5 - Mayor Hibbard, Vice Mayor Beckman, Councilmember Allbritton,
Councilmember Bunker and Councilmember Teixeira
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 1200 Norwood Avenue, and pass Ordinances 9599-22, 9600-22, and 9601-22 on first
reading. (ANX2022-07010)
This voluntary annexation petition involves a 0.264-acre property consisting of
one parcel of land occupied by a detached dwelling. The property is located on
the west side of Norwood Avenue approximately 500 feet north of Lakeview
Road. The applicant is requesting annexation in order to receive sanitary sewer
and solid waste service from the city. The property is contiguous to city
boundaries to the west 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 applicant has started a renovation of the property while in the county, and
due to the nature of the renovation Pinellas County has required the applicant to
connect to the City's sanitary sewer system prior to the issuance of a
Certificate of Occupancy (CO). To ensure consistency in the application of
Building Code inspections and to prevent any construction liability issues, the
project will be built in its entirety under Pinellas County jurisdiction. For that
reason, second reading of the annexation cannot occur until after the county
issues a CO. The Planning and Development Department will schedule second
and final reading after the applicant obtains the CO.
The Planning and Development Department determined that the proposed
annexation is consistent with the provisions of Community Development Code
Section 4-604.E as follows:
• The property currently receives water service from the city. The closest
sanitary sewer line is located in an easement along the western property
boundary and within the adjacent Illinois Road right-of-way to the west of
the property. The applicant is aware that the required sanitary sewer
impact and assessment fees must be paid in full prior to connection and
of the additional costs to extend to the City's sanitary sewer system.
Collection of solid waste will be provided by the City of Clearwater. 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 #47 located at 1460 Lakeview Road. The city has
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adequate capacity to serve this property with sanitary sewer, solid
waste, police, and 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 is
consistent with the current Countywide Plan designation of the property.
This proposed RL category primarily permits residential uses at a
density of 5 units per acre. The proposed zoning district to be assigned
to the property is the Low Medium Density Residential (LMDR) District.
The use of the subject property is consistent with the uses allowed in
the district and the property exceeds the district's minimum dimensional
requirements. The proposed annexation is therefore consistent with the
Countywide Plan and the City's Comprehensive Plan and Community
Development Code; and
• The property proposed for annexation is contiguous to existing city
boundaries to the west and south; therefore, the annexation is
consistent with Florida Statutes Chapter 171.044.
Ordinances 9599-22, 9600-22, and 9601-22 were presented and
read by title only.
Councilmember Bunker 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 1200 Norwood Avenue, and pass
Ordinances 9599-22, 9600-22, and 9601-22 on first reading. The
motion was duly seconded and upon roll call, the vote was:
Ayes: 5 - Mayor Hibbard, Vice Mayor Beckman, Councilmember Allbritton,
Councilmember Bunker and Councilmember Teixeira
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8.3 Approve the annexation, initial Future Land Use Map designations of Commercial
General (CG) and Residential Urban (RU) and initial Zoning Atlas designations of
Commercial (C) and Low Medium Density Residential (LMDR) Districts for 1718 North
Betty Lane, together with the abutting right-of-way of North Betty Lane, and pass
Ordinances 9602-22, 9603-22, and 9604-22 on first reading. (ANX2022-07011)
This voluntary annexation petition involves a 2.15-acre property consisting of
one parcel of vacant land. The property is located on the west side of North
Betty Lane approximately 500 feet north of Overbrook Avenue. The applicant,
Habitat for Humanity of Pinellas County, plans to develop at least 11 detached
dwellings. The applicant is requesting annexation in order to receive potable
water, sanitary sewer, and solid waste service from the City, upon availability of
service and construction. The Development Review Committee is proposing
that the 0.69 acres of abutting North Betty Lane right-of-way not currently within
the city limits also be annexed. The property is contiguous to existing city
boundaries to the west. It is proposed that the property be assigned Future Land
Use Map designations of Commercial General (CG) and Residential Urban (RU)
and Zoning Atlas designations of Commercial (C) and 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 is not connected to potable water, but the city
would provide water service when the property is redeveloped. The
closest sanitary sewer line is located in the Mary L Road right-of-way.
The applicant is aware that the property owner is responsible for
evaluating the proper method to connect to the City's sewer system, as
well as for the additional costs to extend and connect to the sewer
system and any for upgrades to the existing system that may be
necessary to receive additional wastewater flows. 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 1712 Overbrook Avenue. The city has adequate capacity
to serve this property with sanitary sewer, water, solid waste, police, and
fire and EMS service. The proposed annexation will not have an adverse
effect on public facilities and their levels of service; and
• The proposed annexation is consistent with and promotes the following
objectives and policy of the Clearwater Comprehensive Plan:
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Objective A.6.4 Due to the built-out character of the City of Clearwater,
compact urban development within the urban service area shall be
promoted through application of the Clearwater Community
Development Code.
Objective A.7.2 Diversify and expand the City's tax base through the
annexation of a variety of land uses located within the Clearwater
Planning Area.
• The proposed Commercial General (CG) and Residential Urban (RU)
Future Land Use Map categories are consistent with the current
Countywide Plan designations of the property. The proposed CG
category does not typically allow residential uses, but residential units
can be permitted as a Comprehensive Infill Redevelopment Project if
criteria are met at a density of 24 units per acre. The proposed RU
category primarily permits residential uses at a density of 7.5 units per
acre. The proposed zoning districts to be assigned to the property are
the Commercial (C) and the Low Medium Density Residential (LMDR)
Districts. The proposed use of the subject property is consistent with the
uses allowed in the districts and the property exceeds the minimum
dimensional requirements of both districts. The proposed annexation is
therefore consistent with the Countywide Plan and the City's
Comprehensive Plan and Community Development Code; and
• The property proposed for annexation is contiguous to existing city
boundaries to the west; therefore, the annexation is consistent with
Florida Statutes Chapter 171.044.
Ordinances 9602-22, 9603-22, and 9604-22 were presented and
read by title only.
Councilmember Teixeira moved to approve the annexation, initial
Future Land Use Map designations of Commercial General (CG)
and Residential Urban (RU) and initial Zoning Atlas designations
of Commercial (C) and Low Medium Density Residential (LMDR)
Districts for 1718 North Betty Lane, together with the abutting
right-of-way of North Betty Lane, and pass Ordinances 9602-22,
9603-22, and 9604-22 on first reading. The motion was duly
seconded and upon roll call, the vote was:
Ayes: 5 - Mayor Hibbard, Vice Mayor Beckman, Councilmember Allbritton,
Councilmember Bunker and Councilmember Teixeira
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8.4 WITHDRAWN: Approve the annexation, initial Future Land Use Map designation of
Residential Urban (RU) and initial Zoning Atlas designation of Low Medium Density
Residential (LMDR) District for 2081 The Mall and 1337 Union Street, and pass
Ordinances 9605-22, 9606-22, and 9607-22 on first reading. (ANX2022-07012)
The applicant has requested that this petition for annexation be withdrawn.
No Action Taken.
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 3047 Terrace View Lane, and pass Ordinances 9621-22, 9622-22, and 9623-22 on
first reading. (ANX2022-09013)
This voluntary annexation petition involves a 0.184-acre property consisting of
one parcel of land occupied by a detached dwelling. The property is located on
the south side of Terrace View Lane approximately 440 feet west of McMullen
Booth Road. The applicant is requesting annexation in order to receive sanitary
sewer and solid waste service from the City. The property is contiguous to city
boundaries to the west, south, and east. It is proposed that the property be
assigned a Future Land Use Map designation of Residential Low (RL) and a
Zoning Atlas designation of Low Medium Density Residential (LMDR).
The Planning and Development Department determined that the proposed
annexation is consistent with the provisions of 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 Terrace View Lane
right-of-way. The applicant has paid the required sewer impact fee in full
and is aware of the additional costs to extend city sewer service to this
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
McMullen Booth Road. Fire and emergency medical services will be
provided to this property by Station #49 located at 565 Sky Harbor Drive.
The city has adequate capacity to serve this property with sanitary
sewer, solid waste, police, and fire and EMS service. The proposed
annexation will not have an adverse effect on public facilities and their
levels of service; and
• The proposed annexation is consistent with and promotes the following
objectives and policy of the Clearwater Comprehensive Plan:
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City Council Meeting Minutes November 17, 2022
Objective A.6.4 Due to the built-out character of the city of
Clearwater, compact urban development within the urban
service area shall be promoted through application of the
Clearwater Community Development Code.
Objective A.7.2 Diversify and expand the City's tax base through
the annexation of a variety of land uses located within the
Clearwater Planning Area.
Policy A.7.2.3 Continue to process voluntary annexations for
single-family residential properties upon request.
• The proposed Residential Low (RL) Future Land Use Map category is
consistent with the current Countywide Plan designation of the property.
This proposed RL category primarily permits residential uses at a
density of 5 units per acre. The proposed zoning district to be assigned
to the property is the Low Medium Density Residential (LMDR) District.
The use of the subject property is consistent with the uses allowed in
the district and the property exceeds the district's minimum dimensional
requirements. The proposed annexation is therefore consistent with the
Countywide Plan and the City's Comprehensive Plan and Community
Development Code; and
• The property proposed for annexation is contiguous to existing city
boundaries to the west, south, and east; therefore, the annexation is
consistent with Florida Statutes Chapter 171.044.
Ordinances 9621-22, 9622-22, and 9623-22 were presented and
read by title only.
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 3047 Terrace View Lane, and pass
Ordinances 9621-22, 9622-22, and 9623-22 on first reading. The
motion was duly seconded and upon roll call, the vote was:
Ayes: 5 - Mayor Hibbard, Vice Mayor Beckman, Councilmember Allbritton,
Councilmember Bunker and Councilmember Teixeira
8.6 Approve the annexation, initial Future Land Use Map designations of Residential Low
(RL), Water/Drainage Feature, and Preservation (P), and initial Zoning Atlas
designations of Low Medium Density Residential (LMDR) and Preservation (P) Districts
for 1276 South Belcher Road, and pass Ordinances 9624-22, 9625-22, and 9626-22 on
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first reading. (ANX2022-09014)
This voluntary annexation petition involves a 4.76-acre property consisting of
one parcel of land occupied by a detached dwelling. The property is located on
the west side of South Belcher Road approximately 500 feet north of Lakeview
Road. The applicant is requesting annexation in order to receive sanitary sewer
and solid waste service from the City. The property is contiguous to existing city
boundaries to the north and west. It is proposed that the property be assigned
Future Land Use Map designations of Residential Low (RL), Water/Drainage
Feature, and Preservation (P) and Zoning Atlas designations of Low Medium
Density Residential (LMDR) and Preservation (P).
The Planning and Development Department determined that the proposed
annexation is consistent with the provisions of Community Development Code
Section 4-604.E as follows:
• The property currently receives water service from the City. The closest
sanitary sewer line is located in the adjacent South Belcher Road
right-of-way. The applicant is aware that the city's sewer impact and
assessment fees must be paid in full prior to connection and of the
additional costs to extend city sewer service to this property. The
property is located within Police District III and service will be
administered through the district headquarters located at 2851 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 sanitary sewer,
solid waste, police, and 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
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City of Clearwater
City Council Meeting Minutes November 17, 2022
single-family residential properties upon request.
• The proposed Residential Low (RL), Water/Drainage Feature, and
Preservation (P) Future Land Use Map categories are consistent with
the current Countywide Plan designations of the property. This proposed
RL category primarily permits residential uses at a density of 5 units per
acre. The proposed P and Water/Drainage Feature categories proposed
to be applied to the property recognize the watershed and drainage
features on the property. The proposed zoning district to be assigned to
the property is the Low Medium Density Residential (LMDR) District.
The use of the subject property is consistent with the uses allowed in
the district and the property exceeds the district's minimum dimensional
requirements. The proposed annexation is therefore consistent with the
Countywide Plan and the City's Comprehensive Plan and Community
Development Code; and
• The property proposed for annexation is contiguous to existing city
boundaries to the north and west; therefore, the annexation is consistent
with Florida Statutes Chapter 171.044.
One individual spoke in opposition and suggested constructing a park
at subject site.
It was stated that there are no development plans yet. The property is
being annexed to provide city water and sewer service in the future.
Ordinances 9624-22, 9625-22, and 9626-22 were presented and
read by title only.
Vice Mayor Beckman moved to approve the annexation, initial
Future Land Use Map designations of Residential Low (RL),
Water/Drainage Feature, and Preservation (P), and initial Zoning
Atlas designations of Low Medium Density Residential (LMDR)
and Preservation (P) Districts for 1276 South Belcher Road, and
pass Ordinances 9624-22, 9625-22, and 9626-22 on first reading.
The motion was duly seconded and upon roll call, the vote was:
Ayes: 5 - Mayor Hibbard, Vice Mayor Beckman, Councilmember Allbritton,
Councilmember Bunker and Councilmember Teixeira
8.7 Approve the annexation, initial Future Land Use Map designation of Residential Urban
(RU) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR)
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City of Clearwater
City Council Meeting Minutes November 17, 2022
District for 1282 Palm Street, together with the abutting right-of-way of North Betty Lane,
and pass Ordinances 9630-22, 9631-22, and 9632-22 on first reading.
(ANX2022-09016)
This voluntary annexation petition involves a 0.241-acre property consisting of
one parcel of land occupied by a detached dwelling. The property is located on
the northwest corner of Palm Street and North Betty Lane. The applicant is
requesting annexation in order to receive sanitary sewer and solid waste
service from the City. The Development Review Committee is proposing that
the 0.30-acres of abutting North Betty Lane right-of-way not currently within the
city limits also be annexed. The property is contiguous to existing city
boundaries to the west. It is proposed that the property be assigned a Future
Land Use Map designation of Residential Urban (RU) and a Zoning Atlas
designation of Low Medium Density Residential (LMDR).
The Planning and Development Department determined that the proposed
annexation is consistent with the provisions of 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 North Betty Lane
right-of-way. The applicant is aware that the city's sewer impact and
assessment fees must be paid in full prior to connection and of the
additional costs to extend city sewer service to this property. The
property is located within Police District II and service will be
administered through the district headquarters located at 645 Pierce
Street. Fire and emergency medical services will be provided to this
property by Station #51 located at 1712 Overbrook Avenue. The City has
adequate capacity to serve this property with sanitary sewer, solid
waste, police, and 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
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City of Clearwater
City Council Meeting Minutes November 17, 2022
Planning Area.
Policy A.7.2.3 Continue to process voluntary annexations for
single-family residential properties upon request.
• The proposed Residential Urban (RU) Future Land Use Map category is
consistent with the current Countywide Plan designation of the property.
This proposed RU category primarily permits residential uses at a
density of 7.5 units per acre. The proposed zoning district to be
assigned to the property is the Low Medium Density Residential (LMDR)
District. The use of the subject property is consistent with the uses
allowed in the district and the property exceeds the district's minimum
dimensional requirements. The proposed annexation is therefore
consistent with the Countywide Plan and the City's Comprehensive Plan
and Community Development Code; and
• The property proposed for annexation is contiguous to existing city
boundaries to the west; therefore, the annexation is consistent with
Florida Statutes Chapter 171.044.
Ordinances 9630-22, 9631-22, and 9632-22 were presented and
read by title only.
Councilmember Bunker moved to approve the annexation, initial
Future Land Use Map designation of Residential Urban (RU) and
initial Zoning Atlas designation of Low Medium Density
Residential (LMDR) District for 1282 Palm Street, together with
the abutting right-of-way of North Betty Lane, and pass
Ordinances 9630-22, 9631-22, and 9632-22 on first reading. The
motion was duly seconded and upon roll call, the vote was:
Ayes: 5 - Mayor Hibbard, Vice Mayor Beckman, Councilmember Allbritton,
Councilmember Bunker and Councilmember Teixeira
9. Second Readings - Public Hearing
9.1 Adopt Ordinance 9620-22 on second reading, amending the Code of Ordinances
Chapter 2, Article V., Division 3, Employees' Pension Plan, to implement negotiated
benefits for non-hazardous employees; amending Section 2.412 to revise the definitions
of normal retirement date and vesting; amending section 2.416 to provide for five year
vesting; and a 2.5% multiplier for service earned on or after October 1, 2022; amending
Section 2.419 to provide for five-year vesting.
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City of Clearwater
City Council Meeting Minutes November 17, 2022
Ordinance 9620-22 was presented and read by title only.
Councilmember Teixeira moved to adopt Ordinance 9620-22 on
second and final reading. The motion was duly seconded and
upon roll call, the vote was:
Ayes: 5 - Mayor Hibbard, Vice Mayor Beckman, Councilmember Allbritton,
Councilmember Bunker and Councilmember Teixeira
10. City Manager Reports
10.1Amend Clearwater Code of Ordinances Chapter 33, Waterways, Section 33.058,
Same-Areas defined, to add subsections 14-18, establishing slow speed - minimum
wake zones along Stevenson Creek, and pass Ordinance 9640-22 on first reading.
Stevenson Creek is a narrow, tidal-influenced, creek leading to Clearwater
Harbor within the jurisdictional boundaries of the City of Clearwater. The creek
flows into the harbor under the Fort Harrison Avenue bridge, just south of
Sunset Point Road.
Stevenson Creek was barely navigable to motorized vessels until it was
dredged in 2014. Since that time, those living on the creek have complained of
vessels travelling through this narrow and shallow body of water at unsafe
speeds. The creek is very narrow in areas (< 75 ft.) and has limited sight
distances around the bridges. There are four bridges with low vertical and
narrow horizontal clearances that pass over Stevenson Creek (Betty Lane,
Douglas Avenue, Pinellas Trail, and Fort Harrison Avenue). These clearances
limit visibility and sight distances around each of the bridges and in the narrow
portions of the creek. Florida State Statutes provide for local regulation of
waterways when these safety conditions exist.
The permitting process is very specific. The first step requires the passage of a
local ordinance indicating the area a local governing body wishes to regulate.
Upon passage, the State of Florida will review the ordinance and conditions to
determine if local regulation is appropriate. The City has provided the State with
a draft ordinance along with a legal description and map of the area it seeks to
restrict to "slow speed, minimum wake" operation. A preliminary review of
these documents by the State leads the City to believe that the State would
likely approve its request.
The proposed amendment to the Clearwater Code of Ordinances would allow
us to begin the permitting process that would ultimately result in establishing
slow speed, minimum wake zones around all the bridges that cross over
Stevenson Creek and in the very narrow areas of the creek. Such slow speed,
minimum wake zones would not go into effect until approval by the State and
other requisite regulatory agencies and authorities. These actions are
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City of Clearwater
City Council Meeting Minutes November 17, 2022
necessary to ensure the safety of the public operating all classes of vessels in
and around these areas.
One individual spoke in support.
Ordinance 9640-22 was presented and read by title only.
Councilmember Allbritton moved to amend Clearwater Code of
Ordinances Chapter 33, Waterways, Section 33.058, Same-Areas
defined, to add subsections 14-18, establishing slow speed -
minimum wake zones along Stevenson Creek, and pass
Ordinance 9640-22 on first reading. The motion was duly
seconded and upon roll call, the vote was:
Ayes: 5 - Mayor Hibbard, Vice Mayor Beckman, Councilmember Allbritton,
Councilmember Bunker and Councilmember Teixeira
11. City Attorney Reports — None.
12. Other Council Action
12.1 Conduct City Attorney evaluation.
Councilmembers provided their evaluations of the City Attorney.
12.2Conduct City Manager evaluation.
Councilmembers provided their evaluations of the City Manager.
13. Closing comments by Councilmembers (limited to 3 minutes)
Councilmember Teixeira said the last week was monumental with the
passing of the referendum and said she is confident the City will succeed
with Imagine Clearwater.
Councilmember Bunker said there is a case in federal court regarding
Scientology and human trafficking and said he hopes the judge sees fit to
take this case to a jury.
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City of Clearwater
City Council Meeting Minutes November 17, 2022
Vice Mayor Beckman thanked the Mayor for his education to the public
regarding the referendum. She thanked the volunteers of the Big Clean Up
and said she appreciates those who will be working through the holiday
weekend.
Councilmember Allbritton said he can't thank people enough for passing the
referendum and thanked staff for their hard work. He said the intermodal
center is moving forward and the Board of County Commissioners approved
$8 million in gap funding for the project.
14. Closing Comments by Mayor
15. Adjourn
Attest
Reviewed recent events and thanked staff for all of the work dedicated to
the Bluff project and the citizens who voted yes on the referendum.
The meeting adjourned at 8:28 p.m.
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City of Clearwater
City of Clearwater
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