11/15/2007
CITY COUNCIL MEETING MINUTES
CITY OF CLEARWATER
November 15, 2007
Present: Frank Hibbard Mayor
John Doran Vice-Mayor
Carlen Petersen Councilmember
George N. Cretekos Councilmember
Paul Gibson Councilmember
Also present: William B. Horne II City Manager
Joe Roseto Interim Assistant City Manager
Rod Irwin Assistant City Manager
Pamela K. Akin City Attorney
Cynthia E. Goudeau City Clerk
Brenda Moses Board Reporter
The Mayor called the meeting to order at 6:00 p.m. at City Hall. Pastor Ken Link,
Sr. Chaplain from Lakeview Baptist Church offered the invocation. The Mayor led the
Pledge of Allegiance.
To provide continuity for research, items are in agenda order although not
necessarily discussed in that order
.
4. Presentations
4.1 Service Awards
One service award was presented to a City employee.
4.2 Care Cup 2007 from CareFest
Daniel Bernard, Somebody Cares Tampa Bay, presented the 2007 Care Cup to
the City for having the most volunteers and thanked those who participated in the event
held on September 22 – 29, 2007.
4.3 Ironman Presentation
Ironman President Ben Fertic provided a video of the Ironman World
Championship 70.3 event held on November 10, 2007. Athletes from around the world
participated in the event. Mr. Fertic thanked everyone for their support.
4.4 Nagano Teacher Presentation - Margo Walbolt
Cultural Affairs Manager Margo Walbolt introduced Mr. Katyama, a middle school
teacher who teaches English in Nagano, Japan. She thanked Pinellas County schools,
host families, and the City for their support of the Sister Cities Program. Mr. Katyama
said he enjoyed his stay and looks forward to returning to Clearwater.
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4.5 Neighborhood of the Quarter, Home of the Quarter and Business Beautification
Awards
The Neighborhood of the Quarter Award was presented to the Bayview Heights
neighborhood. Home of the Quarter Awards were presented to homeowners: 1) Robert
and Jacqueline Walters, 615 Minnesota Drive; 2) Anton Talley, 1265 Nicholson Street; 3)
Dell Kelleher and Dorcas Downey, 1510 Grove Street; and 4) Kathy and Neil Ford, 440
Palm Island S.E.
The Fall 2007 Business Beautification Award was presented to the Delphi
Academy, 1831 Drew Street.
4.6 Citizen's Academy Graduation
Graduates of the Citizen’s Academy were congratulated:
Diane Fitzgerald was thanked for her involvement in the program.
4.7 State of the City Presentation
The City Manager said the City’s Annual Report will be in the Clearwater Times
on Thanksgiving Day. The State of the City will be presented at the next Council
meeting.
5. Approval of Minutes
5.1 Approve the minutes of the November 1, 2007 City Council Meeting as submitted
in written summation by the City Clerk.
Councilmember Petersen moved to approve the minutes of the November 1,
2007 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
Nicholas Fritsch pleased Council is looking at traffic on beach; recommended
reversible lanes on Coronado.
Greg Pound said parental rights terminated; alleged Clearwater and Pinellas
County have trouble with internal crime.
Ewa Kunowska disappointed with election being moved to January; questioned
expense for Beach Visitor Information Center.
Randall and Dorothy Stanley questioned Council’s position regarding eliminating
the proposed mini-circle at Grove Street and Lake Drive. Consensus to discuss at next
Work Session.
Public Hearings - Not before 6:00 PM
7. Administrative Public Hearings
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7.1 Approve the Annexation, Initial Land Use Plan Designation of Residential Urban
(RU) and Initial Zoning Atlas Designation of Low Medium Density Residential (LMDR)
District for 1474 Sandy Lane (Lot 29, Terra-Alto Estates, Section 02, Township 29
South, Range 15 East); and pass Ordinances 7887-07, 7888-07 & 7889-07 on first
reading. (ANX2007-08022)
This voluntary annexation petition involves a 0.164-acre property consisting of
one parcel of land occupied by a single-family dwelling. It is located at the north side of
Sandy Lane approximately 225 feet west of North Highland Avenue. The applicant is
requesting this annexation in order to receive solid waste service from the City. The
Planning Department is requesting that the 0.081 acre of abutting Sandy Lane right-of-
way not currently within the City limits also be annexed. The property is contiguous to
existing City boundaries to the north and west. It is proposed that the property be
assigned a Future Land Use Plan designation of Residential Urban (RU) and a zoning
category of Low Medium Density Residential (LMDR).
The Planning Department determined that the proposed annexation is consistent
with the provisions of Community Development Code Section 4-604.E:
The City already provides sewer service to this property. 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 Police Headquarters located at 645
Pierce Street. 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;
The proposed annexation is consistent with and promotes the following objective
of the Clearwater Comprehensive Plan:
Objective 2.4: Compact urban development within the urban service area shall
be promoted through application of the Clearwater Community Development Code.
The proposed RU Future Land Use Plan category is consistent with the current
Countywide Plan designation of this property. This designation primarily permits
residential uses at a density of 7.5 units per acre. The proposed zoning district to be
assigned to the property is 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, 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. The Pinellas Planning Council (PPC) staff has reviewed this annexation and
no objections were raised.
Councilmember Cretekos moved to approve the Annexation, Initial Land Use
Plan Designation of Residential Urban (RU) and Initial Zoning Atlas Designation of Low
Medium Density Residential (LMDR) District for 1474 Sandy Lane (Lot 29, Terra-Alto
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Estates, Section 02, Township 29 South, Range 15 East). The motion was duly
seconded and carried unanimously.
Ordinance 7887-07 was presented for first reading and read by title only.
Councilmember Gibson moved to pass Ordinance 7887-07 on first reading. The motion
was duly seconded and upon roll call, the vote was:
"Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard.
"Nays": None.
Ordinance 7888-07 was presented for first reading and read by title only.
Councilmember Petersen moved to pass Ordinance 7888-07 on first reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard.
"Nays": None.
Ordinance 7889-07 was presented for first reading and read by title only.
Councilmember Doran moved to pass Ordinance 7889-07 on first reading. The motion
was duly seconded and upon roll call, the vote was:
"Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard.
"Nays": None.
7.2 Approve the Annexation, Initial Land Use Plan Designation of Industrial Limited
(IL) and Initial Zoning Atlas Designation of Industrial, Research and Technology (IRT)
District for 2000 Calumet Street (Lot 8, Clearwater Industrial Park, Section 01, Township
29 South, Range 15 East); and Pass Ordinances 7890-07, 7891-07 & 7892-07 on first
reading. (ANX2007-08023)
This voluntary annexation petition involves a 5-acre property consisting of one
parcel of land occupied by a warehouse and distribution center. It is located at the
northeast corner of Calumet Street and North Hercules Avenue. The applicant is
requesting this annexation in order to receive solid waste and sanitary sewer service
from the City. The Planning Department is requesting the 0.67 acre of abutting North
Hercules Avenue right-of-way not currently within the City limits also be annexed. The
property is contiguous to existing City boundaries to the north, south and east. It is
proposed that the property be assigned a Future Land Use Plan designation of Industrial
Limited (IL) and a zoning category of Industrial, Research and Technology (IRT).
Due to timing constraints, the applicant wished to commence construction prior to
annexation. To facilitate this, the City’s Planning and Engineering Departments
reviewed the building permit prior to issuance by Pinellas County to confirm the site plan
is compliant with the Community Development Code and City stormwater codes. After
City review, Pinellas County issued a building permit for a 6,040 square-foot addition to
the western end of the building on the site from Pinellas County. The addition will house
laundry facilities, which will produce wastewater that cannot be discharged into a septic
system. The Pinellas County Building and Development Review Services Department
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will not issue the applicant a Certificate of Occupancy until the property is connected to
the City’s sanitary sewer system for discharge of wastewater. Before the City will issue
a permit to the applicant to connect to the City’s sanitary sewer system, the applicant’s
petition must be approved at the first reading of City Council. Second reading of City
Council will be postponed until the applicant is issued a Certificate of Occupancy from
Pinellas County. After the issuance of the Certificate of Occupancy, this petition will be
placed on the City Council’s agenda for second reading.
The Planning Department determined that the proposed annexation is consistent
with the provisions of Community Development Code Section 4-604.E as follows:
The closest sanitary sewer line is located in the adjacent North Hercules Avenue
right-of-way. The applicant has paid the City’s sewer impact and assessment fee and is
aware of the additional costs to extend City sewer service 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 North 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;
The proposed annexation is consistent with and promotes the following objective
of the Clearwater Comprehensive Plan:
Objective 2.4: Compact urban development within the urban service area shall
be promoted through application of the Clearwater Community Development Code;
The proposed Industrial Limited (IL) Future Land Use Plan category is consistent
with the current Countywide Plan designation of this property. This designation primarily
permits industrial uses with a Floor Area Ratio of 0.65. The proposed zoning district to
be assigned to the property is the Industrial, Research and Technology (IRT) 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, City’s Comprehensive Plan
and Community Development Code; and
The property proposed for annexation is contiguous to existing City boundaries to
the north, south and east; therefore the annexation is consistent with Florida Statutes
Chapter 171.044. PPC staff has reviewed this annexation and no objections were
raised.
In response to a question, City Attorney Pam Akin said as a result of litigation,
the Church of Scientology has an agreement with the Pinellas County Property
Appraiser’s office to pay a percentage of their overall property values.
Councilmember Cretekos moved to approve the Annexation, Initial Land Use
Plan Designation of Industrial Limited (IL) and Initial Zoning Atlas Designation of
Industrial, Research and Technology (IRT) District for 2000 Calumet Street (Lot 8,
Clearwater Industrial Park, Section 01, Township 29 South, Range 15 East). The motion
was duly seconded and carried unanimously.
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Ordinance 7890-07 was presented for first reading and read by title only.
Councilmember Gibson moved to pass Ordinance 7890-07 on first reading. The motion
was duly seconded and upon roll call, the vote was:
"Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard.
"Nays": None.
Ordinance 7891-07 was presented for first reading and read by title only.
Councilmember Petersen moved to pass Ordinance 7891-07 on first reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard.
"Nays": None.
Ordinance 7892-07 was presented for first reading and read by title only.
Councilmember Doran moved to pass Ordinance 7892-07 on first reading. The motion
was duly seconded and upon roll call, the vote was:
"Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard.
"Nays": None.
7.3 Approve the Annexation, Initial Land Use Plan Designation of Residential Low
(RL) and Initial Zoning Atlas Designation of Low Medium Density Residential (LMDR)
District for 1404 Satsuma Street (Lot 20, Highland Oak, Section 23, Township 29 South,
Range 15 East); and pass Ordinances 7893-07, 7894-07 & 7895-07 on first reading.
(ANX2007-09024)
This voluntary annexation petition involves a 0.22-acre property consisting of one
parcel of land occupied by a single-family dwelling. It is located on the north side of
Satsuma Street approximately 300 feet east of S. Hillcrest Avenue. The applicant is
requesting this annexation in order to receive sanitary sewer service from the City. The
property is contiguous to existing City boundaries to the north, south and west. It is
proposed that the property be assigned a Future Land Use Plan designation of
Residential Low (RL) and a zoning category of Low Medium Density Residential
(LMDR).
The Planning Department determined that the proposed annexation is consistent
with the provisions of Community Development Code Section 4-604.E as follows:
The City’s sanitary sewer impact fee has been paid. The sanitary sewer
assessment fee has not been paid and the applicant is aware of the additional costs to
extend City sewer service to the property. 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 Police 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 adequate capacity to serve this property with
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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;
The proposed annexation is consistent with and promotes the following objective
of the Clearwater Comprehensive Plan:
Objective 2.4: Compact urban development within the urban service area shall
be promoted through application of the Clearwater Community Development Code.
The proposed RL Future Land Use Plan category is consistent with the current
Countywide Plan designation of this property. This designation primarily permits
residential uses at a density of 5 units per acre. The proposed zoning district to be
assigned to the property is the Low Medium Density Residential (LMDR) District. The
use of the subject property is consistent with the uses allowed in the District and the
property exceeds the District’s minimum dimensional requirements. The proposed
annexation is therefore consistent with the Countywide Plan, 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. PPC staff has reviewed this annexation and no objections were raised.
Councilmember Cretekos moved to approve the Annexation, Initial Land Use
Plan Designation of Residential Low (RL) and Initial Zoning Atlas Designation of Low
Medium Density Residential (LMDR) District for 1404 Satsuma Street (Lot 20, Highland
Oak, Section 23, Township 29 South, Range 15 East). The motion was duly seconded
and carried unanimously.
Ordinance 7893-07 was presented for first reading and read by title only.
Councilmember Gibson moved to pass Ordinance 7893-07 on first reading. The motion
was duly seconded and upon roll call, the vote was:
"Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard.
"Nays": None.
Ordinance 7894-07 was presented for first reading and read by title only.
Councilmember Petersen moved to pass Ordinance 7894-07 on first reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard.
"Nays": None.
Ordinance 7895-07 was presented for first reading and read by title only.
Councilmember Doran moved to pass Ordinance 7895-07 on first reading. The motion
was duly seconded and upon roll call, the vote was:
“Ayes”: Doran, Petersen, Cretekos, Gibson, and Hibbard.
“Nays”: None.
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7.4 Approve the applicant's request to vacate the 30-foot street right-of-way of Hart
Street lying between Block 3, Jones Subdivision and Block 3, Harts Second Addition, as
more particularly described in the ordinance, (A.K.A. 405 Fort Harrison Avenue North),
subject to the retention of a drainage and utility easement over the full width of the right-
of-way to be vacated, and pass Ordinance 7896-07 on first reading, (VAC2007-05
Gangelhoff).
The subject of this request is a dead end right-of-way that provides no vehicular
access to any other property and therefore is not necessary for municipal use. The
applicant is seeking to vacate the subject street right-of-way to improve the
redevelopment potential of the property. If the property is redeveloped, the property
owner may seek vacation of the proposed retained drainage and utility easement and
pay affected utility companies for utility relocations.
Verizon, Progress Energy, Bright House Cable and Knology have facilities in the
subject right-of-way and have no objections provided that a utility easement is retained
over the full width of the right-of-way to be vacated.
The City of Clearwater has a 2-inch water main in the subject right-of-way.
The City Engineering Department has no objections to the vacation request
provided a drainage and utility easement is retained over the full width of the street right-
of-way to be vacated.
Councilmember Cretekos moved to approve the applicant's request to vacate the
30-foot street right-of-way of Hart Street lying between Block 3, Jones Subdivision and
Block 3, Harts Second Addition, as more particularly described in the ordinance, (A.K.A.
405 Fort Harrison Avenue North), subject to the retention of a drainage and utility
easement over the full width of the right-of-way to be vacated. The motion was duly
seconded and carried unanimously.
Ordinance 7896-07 was presented for first reading and read by title only.
Councilmember Gibson moved to pass Ordinance 7896-07 on first reading. The motion
was duly seconded and upon roll call, the vote was:
"Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard.
"Nays": None.
7.5 Continue to December 20, 2007 first reading of Ordinance 7835-07, making
amendments to the Community Development Code by amending Article 2, Zoning
Districts; amending Article 3, Development Standards; amending Article 4, Development
Review and Other Procedures; Amending Article 8, Definitions and Rules of
Construction.
Councilmember Petersen moved to continue to December 20, 2007, first reading
of Ordinance 7835-07.
8. Second Readings - Public Hearing
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8.1 Adopt Ordinance 7885-07 on second reading, amending Appendix A, Division
XXV, Section (2)(a), Code of Ordinances, changing the cost of a fire hydrant to current
market price.
Ordinance 7885-07 was presented for second reading and read by title only.
Councilmember Cretekos moved to pass and adopt Ordinance 7885-07 on second and
final reading. The motion was duly seconded and upon roll call, the vote was:
“Ayes”: Doran, Petersen, Cretekos, and Gibson.
“Nays”: None.
Absent: Hibbard.
8.2 Adopt Ordinance 7901-07 on second reading, submitting to the City electors
proposed amendments to the City Charter amending Section 2.01(5)(d); allowing the
donation of city-owned real property for workforce or affordable housing; defining
workforce or affordable housing; amending Section 2.01(d)(7) allowing the Council at a
duly advertised public hearing to grant easements for underground public utilities.
Ordinance 7901-07 was presented for second reading and read by title only.
Councilmember Gibson moved to pass and adopt Ordinance 7901-07 on second and
final reading. The motion was duly seconded and upon roll call, the vote was:
“Ayes”: Doran, Petersen, Cretekos, and Gibson.
“Nays”: None.
Absent: Hibbard.
8.3 Adopt Ordinance 7902-07 on second reading, submitting to the City electors
proposed amendments to the City Charter amending Section 2.03, providing that all
Councilmembers and the mayor shall be elected for four year terms; providing that two
Councilmembers and the mayor will be elected one year and the additional two
Councilmembers will be elected two years later; providing that newly elected
Councilmembers shall take office the next business day following certification of the City
election returns.
Ordinance 7902-07 was presented for second reading and read by title only.
Councilmember Petersen moved to pass and adopt Ordinance 7902-07 on second and
final reading. The motion was duly seconded and upon roll call, the vote was:
“Ayes”: Doran, Petersen, Cretekos, Gibson, and Hibbard.
“Nays”: None.
8.4 Adopt Ordinance 7903-07 on second reading, submitting to the City electors
proposed amendments to the City Charter amending Section 7.02, requiring the Council
to appoint a Charter Review Committee every eight years.
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Ordinance 7903-07 was presented for second reading and read by title only.
Councilmember Doran moved to pass and adopt Ordinance 7903-07 on second and
final reading. The motion was duly seconded and upon roll call, the vote was:
“Ayes”: Doran, Petersen, Cretekos, Gibson, and Hibbard.
“Nays”: None.
8.5 Adopt Ordinance 7904-07 on second reading, submitting to the City electors
proposed amendments to the City Charter amending Section 8.05(d), providing that the
Canvassing Board be comprised of Councilmembers whose names do not appear on
the ballot and allowing for citizens to be appointed if necessary.
Ms. Akin said staff requests an amendment to the ordinance on second reading.
The Supervisor of Elections has suggested the word “canvass” in sentence four of
Section 8.05 (d) and the ballot question be changed to “certify”.
Councilmember Cretekos moved to amend the ballot question and sentence four
of Section 8.05. Elections. (d) Canvassing board to read: “The canvassing board shall
certify the election returns no later than 24 hours after the final election results are
provided to the City Clerk by the Supervisor of elections after any municipal election.”
The motion was duly seconded and carried unanimously.
Ordinance 7904-07 was presented for second reading as amended and read by
title only. Councilmember Gibson moved to pass and adopt Ordinance 7904-07 on
second and final reading as amended. The motion was duly seconded and upon roll
call, the vote was:
“Ayes”: Doran, Petersen, Cretekos, Gibson, and Hibbard.
“Nays”: None.
8.6 Adopt Ordinance 7905-07 on second reading, submitting to the City electors
proposed amendments to the City Charter amending Article IX, deleting the requirement
that revenue bonds for projects in excess of one million dollars be put to referendum.
Ordinance 7905-07 was presented for second reading and read by title only.
Councilmember Petersen moved to pass and adopt Ordinance 7905-07 on second and
final reading. The motion was duly seconded and upon roll call, the vote was:
“Ayes”: Doran, Petersen, Cretekos, Gibson, and Hibbard.
“Nays”: None.
City Manager Reports
9. Consent Agenda
– Approved as submitted, less Item 9.7.
9.1 Award a contract to Harbor Guard Boats of Costa Mesa, California in the amount
of $172,000 for the purchase of one (1) new FIREHAWK 28 MCD, Fire/Rescue boat in
accordance with sec. 2.564 - (IV)(A)- authorize lease purchase under the City's master
Council 2007-11-15 10
lease purchase agreement, and authorize the appropriate officials to execute same.
(consent)
9.2 Declare the list of vehicles and equipment surplus to the needs of the City and
authorize disposal through sale to the highest bidder at the Tampa Machinery Auction,
Tampa, Florida, and authorize the appropriate officials to execute same. (consent)
9.3 Accept funding and approve the corresponding agreement from the Juvenile
Welfare Board totaling $113,717 for funding of three teen programs, and authorize the
appropriate officials to execute same. (consent)
9.4 Approve an agreement between The Florida Commission on Community Service
and the City of Clearwater renewing the AmeriCorps Clearwater program for the period
of January 1, 2008 through December 31, 2008, including a cash match in the amount of
$63,318, and authorize the appropriate officials to execute same. (consent)
9.5 Award a Contract (Purchase Order) to Pat's Pump and Blower of Orlando, FL for
the purchase of one Sterling LT 7500 Cab and Chassis with Aquatech Sewer Cleaner
Body at a cost of $217,000, authorize lease purchase under City's master lease
purchase agreement and declare G2435, 2001 Sterling Chassis with Vac-Con Sewer
Cleaner Body as surplus to the needs of the City for trade-in and authorize the
appropriate officials to execute same. (consent)
9.6 Approve an Interlocal Agreement between the City of Clearwater and the City of
Safety Harbor for three years commencing November 16, 2007 to receive, process and
market Safety Harbor's recyclable commodities and authorize the appropriate officials to
execute the same. (consent)
9.7 – see below.
Councilmember Cretekos requested Item 9.7 be pulled for discussion.
Councilmember Doran moved to approve the Consent Agenda as submitted, less
Item 9.7, and that the appropriate officials be authorized to execute same. The motion
was duly seconded and carried unanimously.
9.7 Approve a work order in the amount of $30,750 to DKS Associates, an Engineer
of Record, for professional services to prepare a traffic study to evaluate the feasibility of
increasing hotel density on Clearwater Beach and establish capital project 315-92837,
Beach Area Traffic Study, in the amount of $30,750 funded from unallocated
transportation impact fees and authorize the appropriate officials to execute same.
(consent)
At the August 16, 2007 City Council meeting, the Planning Department presented
an analysis and proposal for increased overnight accommodation density on Clearwater
Beach. At that time the Department recommended that the City pursue increasing hotel
density from 50 to 150 – 210 units per acre for properties governed by Beach by Design.
The proposed increase was based on an economic analysis prepared by Dr. Owen
Beitsch that concluded hotel density must be greatly increased if economic parity is to be
achieved between condominium and hotel development. The Department’s proposal
indicated that an infrastructure analysis would need to be conducted to ensure that the
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adopted Levels of Service for water, sewer and transportation could be maintained with
such substantial increases in hotel density. To date, the water and sewer analyses have
been completed.
The Planning Department is requesting that DKS Associates, an Engineer of
Record, be retained to conduct a traffic analysis to determine whether there is adequate
capacity in the road network to support the proposed increase in hotel density. DKS
Associates is very familiar with the traffic issues on Clearwater Beach due to the
significant amount of work the firm has done on various beach traffic projects. The
proposed scope of work includes an analysis of maximum build-out conditions on
Clearwater Beach and Sand Key incorporating the proposed density for the Beach and
the density allowed by the Pinellas Planning County for the areas of Sand Key where
hotels can be constructed. If the analysis identifies Level of Service issues, the report
will identify low-cost and easily implemented mitigation measures. If the study forecasts
significant failures, DKS Associates will determine the threshold of development that can
be supported without creating LOS deficiencies.
The Planning Department is requesting that a capital project be established for
this study and the contract be awarded to DKS Associates in the amount of $30,750. A
first quarter budget amendment will transfer $30,750 of unallocated transportation
impact fees to establish capital project 315-92559, Beach Area Traffic Study.
Planning Director Michael Delk said at the August 16, 2007 City Council meeting,
the Planning Department presented an analysis and proposal for increased overnight
accommodation density on Clearwater Beach. At that time the Department
recommended that the City pursue increasing hotel density from 50 to 150 – 210 units
per acre for properties governed by Beach by Design. The proposed increase was
based on an economic analysis that concluded hotel density must be greatly increased if
economic parity is to be achieved between condominium and hotel development.
The proposed scope of work includes an analysis of maximum build-out
conditions on Clearwater Beach and the density allowed by the Pinellas Planning
Council for the areas of Sand Key where hotels can be constructed. If the analysis
identifies Level of Service issues, the report will identify low-cost mitigation measures. If
the study forecasts significant failures, DKS Associates will determine the threshold of
development that can be supported without creating LOS deficiencies.
In response to a question, Mr. Delk said the PPC recommendations would apply
to the entire City if approved by Council. If successful in obtaining increased densities
beyond that, they would be applied only to areas covered by Beach by Design.
Councilmember Petersen moved to approve Item 9.7. The motion was duly
seconded and carried unanimously.
The meeting recessed from 7:19 to 7:27 p.m.
10. Other items on City Manager Reports
10.1 Approve the Marina five-year business plan for FY 2008 through FY 2012,
including increasing slip fees to market rates, charging commercial tenants for slip
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location in the marina, decreasing the amount of discount on fuel sales, and amending
the dock permit to provide a value back to the City if tenant sells vessel.
In order to improve the financial status of the Marina operation, the business plan
sets forth goals, objectives and strategies to be implemented in FY 2008. To reach
these goals, we respectfully request that City Council approve the:
Incremental increases as submitted to reach average market rate for private
residential, non-residential and commercial rates.
Direct staff to prepare an amendment to Sec. 33.028 of Code of Ordinances to
include market surveys of all local area marinas, not just municipal marinas when
comparing rates.
Charge commercial slips for location in the marina.
Increase marketing and advertisement toward transient recreational boaters.
Maintain control over city slips by amending the dock permit to provide a value
back to the City.
Decrease the amount of discount on fuel sales
1 and 2. Incremental increases to reach average market rate.
Do away with a different slip rate for residents and non-residents.
The slip rates for resident private recreational slips will be increased to bring the
municipal marina rates to market rate and in line with the downtown boat slip rates by
2012.
2008 – 31.5%
2009 – 31.5%
2010 – 31.5%
2011 – 31.5%
2012 - $0.50
2008 - 15%
2009 - 25%
2010 - 20%
2011 - $0.25
2012 - $0.25
In 2010 the slip rates will be at market and equal to the downtown boat slip rates.
The slip rates for commercial slips will be raised:
2008 – 15%
2009 – 10%
2010 – 10%
2011 – 25%
Council 2007-11-15 13
2012 – 25%
3. Charge commercial slips for location in the marina
The preferred location in the Marina are the slips along Coronado Drive and
those renting those slips should pay a premium over the lower visibility areas of the
Marina.
4. Increase marketing and advertisement toward transient recreational boaters.
Increasing the number of transient slip nights has the ability to generate
significant additional revenues without impacting our current tenants.
5. Maintain control over city slips by amending the dock permit to provide a value
back to the city.
Amend the commercial & private dock permits.
Amend the commercial dock permit to provide a value back to the City when a
boat is sold and the slip is transferred to a new boater. The commercial dock permit will
also be amended or changed to a lease term or use agreement. The term will be a 5-
year agreement with the option to renew at the end of the term agreement. A new 5-
year “use” term will coincide with the transfer of ownership.
The sale of a private boat.
When a boat is sold, the slip will be vacated and the next person on the private
waiting list will have the opportunity to rent the slip.
The sale of a commercial slip.
The sale of a commercial slip will provide value back to the City by providing a
transfer fee each time the slip is turned over. When a commercial business is changed
a transfer fee equivalent to the 2007 slip rate will be used to determine the basis for the
appropriate transfer fee. The increase will be based on the Consumer Price Index for all
Urban Consumers (CPI-U) South Urban area, for the twelve-month period ending June
thth
30. The 2008 slip rate will have CPI increases applied from the June 30 index. This
will allow the CPI to be applied by the October 1 each fiscal year.
Businesses remaining as the same business will have a transfer fee equivalent to
one year’s slip rent based on 2007 rates with annual CPI increases applied.
Businesses that are changing the type of business operation will have a transfer
fee equivalent to two year’s slip rent based on the 2007 rates with annual CPI increases
applied.
The fee will be based on the current business operation slip rate.
Harbormaster reserves the right to maintain a diversified selection of commercial
boating activities.
Council 2007-11-15 14
6. Decrease the amount of discount on fuel sales.
Revised strategy for fuel discounts:
Bring fuel price to market average. This would provide a 71-cent markup over
the current cost of diesel fuel and a 54-cent markup over the current cost of gasoline.
Discontinue the 5-cent discount for a volume purchase of 500 gallons of diesel or
more.
Discontinue the 14-cent discount for diesel for private recreational boaters.
Decrease the 27-cent discount for diesel for commercial tenants to a 20-cent
discount.
Provide an 11-cent discount for gasoline for commercial tenants.
Provide a 4-cent volume discount in addition to the 20-cent discount for
commercial tenants that purchase more than 500 gallons of fuel in a single month. The
quantity will be tracked and a credit will be applied to the slip rent at the end of the
month.
Discussion ensued regarding fuel costs and discounts to commercial boaters. In
response to questions, Finance Director Margie Simmons said proposed pump prices
include PILOT (payment in lieu of taxes) and credit card surcharges. The prices do not
include discounts, as they would create a loss for the City. It was suggested staff narrow
down the gas price comparative list of marinas in closest proximity to the Marina.
Discussion ensued regarding boat slip rates for residents and nonresidents at the
municipal marina and downtown boat slips. It was noted that by 2012, the differential
between resident and nonresident rates disappears. Residents will have first choice of
slips at both locations.
Five persons spoke regarding proposed transfer fees, City subsidizing recreation
centers and not the marina, restricting other vendors from City property, and Special
Purpose Fees charged to parasail operations.
Ms. Akin said as a private property owner, the City has the ability to prohibit a
competing business on its own property. It was remarked that recreation centers are
supported by the General Fund and the PILOT charged to the covers support provided
to the Marina by General fund Departments
Discussion ensued regarding special purpose fees. Marine & Aviation Director
Bill Morris said previous management imposed the fee, which was never increased.
Approximately $36,000 a year is generated from the fee.
C
onsensus was that parasail businesses’ slip rents are to be determined on the
same basis as other commercial boats; premium fee for prime slip location to be studied;
fuel fee to be City’s cost plus 20% with 10% discount for commercial users. Revenues
from fuel sales will be monitored for 6 months to determine if fees are appropriate.
Council 2007-11-15 15
Councilmember Doran moved to approve the Marina five-year business plan for
FY 2008 through FY 2012, including increasing slip fees to market rates, studying
charging commercial tenants for slip location in the Marina, setting fuel rates at cost plus
20% with a 10% discount to commercial users, and amending the dock permit to provide
a value back to the City if tenant sells vessel. The motion was duly seconded and
carried unanimously.
10.2 Approve amendment to Chapter 33, Section 33.028 of the Code of Ordinances to
include market surveys of local area marinas, not just municipal marinas when
comparing rates and pass Ordinance 7899-07 on first reading.
Currently, market surveys of slip rates are based on rates charged by other
municipal marinas as per Section 33.028 of the Code of Ordinances. The Marina
operates as an enterprise fund and is required to make a profit to be both self-
sustaining, provide adequate reserves for future redevelopment, and provide a return
back to the general fund. Market surveys should include all local area marinas not just
municipal marinas as recommended in the Marina 2008-2012 Business Plan. The Code
needs to be amended to include all marinas.
Councilmember Cretekos moved to approve an amendment to Chapter 33,
Section 33.028 of the Code of Ordinances to include market surveys of local area
marinas, not just municipal marinas when comparing rates. The motion was duly
seconded and carried unanimously.
Ordinance 7899-07 was presented for first reading and read by title only.
Councilmember Gibson moved to pass Ordinance 7899-07 on first reading. The motion
was duly seconded and upon roll call, the vote was:
"Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard.
"Nays": None.
Miscellaneous Reports and Items
11. City Manager Verbal Reports
Assistant City Manager Rod Irwin acknowledged Tony’s Pizzeria on Cleveland
Street has endured streetscape and is celebrating 2-year anniversary.
The City Manager requested list of analyses Council wants to go forward to
Property Appraiser regarding potential reduction of property tax revenue if property tax
legislation passes.
12. Other Council Action
Councilmembers reported on events in which they recently participated and
reviewed upcoming events; thanked all involved re Ironman event – will be even better
next year; congratulated Margie Simmons for winning Finance Officer of the Year at the
Florida League of Cities Awards Banquet; City Attorney Pam Akin was a finalist for City
Council 2007-11-15 16
Attorney of the Year; Duke Tieman was a finalist for Citizen of the Year; wished all
Happy Thanksgiving.
Councilmember Doran said Florida Communities Trust committed to $4.8 million
grant for Lake Chatauqua Equestrian Preserve - 50 acres of open space around lake-
grant coming to Council December 20, 2007.
Parks & Recreation Director Kevin Dunbar updated Council on the Lake
Chatauqua Equestrian Preserve project.
Council member Cretekos wished Councilmember Gibson happy belated
birthday; urged all to consider those less fortunate by contributing to food containers at
stores.
Councilmember Petersen congratulated Citizens Academy graduates.
Mavor Hibbard said PMI decided go forward regarding study to see if bridge can
support guideway; will share FDOT options regarding Enterprise Road and US19
interchange instead of overpass; $69 million from Federal funds coming back to City and
County; new PST A Executive Director wants to partner and work on regional concepts;
congratulated former Senator Don Sullivan - Epicenter named after him.
13. Adjourn
The meeting adjourned at 9:24 p.m.
~~
'-Mayor, City of Clearwater
Council 2007-11-15
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