City Council Meeting Minutes July 19, 2018 Draft

City Council Meeting Minutes July 19, 2018

Page 1 City of Clearwater

City of Clearwater

City Hall 112 S. Osceola Avenue Clearwater, FL 33756

Meeting Minutes

Thursday, July 19, 2018

6:00 PM

Council Chambers

City Council

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Rollcall

Present: 5 - Mayor George N. Cretekos, Vice Mayor Doreen Caudell,

Councilmember Hoyt Hamilton, Councilmember Bob Cundiff and

Councilmember David Allbritton

Also Present: William B. Horne II – City Manager, Jill Silverboard – Deputy City

Manager, Micah Maxwell – Assistant City Manager, Pamela K. Akin - City Attorney, Rosemarie Call - City Clerk and Nicole Sprague – Official Records and Legislative Services Coordinator

To provide continuity for research, items are listed in agenda order although not necessarily discussed in that order. Unapproved

1. Call to Order – Mayor Cretekos

The meeting was called to order at 6:00 p.m. at City Hall.

2. Invocation – Mr. Dave Kovar from SunCoast Humanists

3. Pledge of Allegiance – Vice Mayor Caudell

4. Special recognitions and Presentations (Proclamations, service awards, or other

special recognitions. Presentations by governmental agencies or groups providing formal updates to Council will be limited to ten minutes.) – Given.

4.1 Youth Sportsmanship Awards - Emily Frazer, Recreation Specialist

5. Approval of Minutes

5.1 Approve the minutes of the June 21, 2018 City Council Meeting as submitted in written

summation by the City Clerk.

Councilmember Cundiff moved to approve the minutes of the

June 21, 2018 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

Charlie Wright requested that the city code be amended to allow Gulf

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Marine provide to boat storage to their customers.

Shirley Moran said she has returned to Clearwater and willing to assist

the City whenever needed.

Daniel Haluba expressed his dismay when Clearwater police officers

refused to provide their name and badge number while responding to a

service call at his property.

Vice Mayor Caudell departed Chamber at 6:23 p.m. and returned at 6:24

p.m.

Rebecca Kay supported renovation efforts of Crest Lake Park that

would make it a welcoming park for families and craft shows.

7. Consent Agenda – Approved as submitted.

7.1 Request for authority to initiate a foreclosure action on behalf of the City against the

Estate of Willie B. Holmes to seek recovery of a delinquent note secured by a mortgage

on property located at 505 North Garden Avenue. (consent)

7.2 Request for authority to initiate a foreclosure action on behalf of the City against Bethel

Christian Center Church, Inc. to seek recovery of a delinquent note secured by a

mortgage on property located at 1002, 1004 and 1006 Grant Street, Clearwater.

(consent)

7.3 Approve the Contract for Sale of Real Property by the City of Clearwater (Contract)

between the City and Florida Spine Properties, LLC; and authorize the appropriate

officials to execute same, together with all other instruments required to affect closing.

(consent)

7.4 Approve settlement of workers’ compensation claim10000056, for payment of $75,000

inclusive of attorney fees and costs for Robert Orton with a general release of all claims

and authorize the appropriate officials to execute same. (consent)

7.5 Authorize Contract Number 900382 with Smith Fence Company, Clearwater, FL, to

provide fencing and related services, in an annual not-to-exceed amount of $500,000 for

a five-year term, pursuant to Code of Ordinances Section 2.564(1)(d) Cooperative

Contracts and authorize the appropriate officials to execute same. (consent)

7.6 Declare miscellaneous furniture, minor equipment, and fixtures surplus to the needs of the

City for disposition via a citywide surplus sale and authorize the appropriate officials to

execute same. (consent)

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7.7 Approve 1.0 additional FTE (Full Time Equivalent) for the Juvenile Welfare Board (JWB)

funded programs held at Ross Norton and North Greenwood Recreation and Aquatics

Complex, for youth ranging in ages 7 through 14, and approve a third quarter budget

amendment of $33,495 in special program 181-99872, Coordinated Child Care.

(consent)

7.8 Approve an amendment to the Exclusive Non-Alcoholic Beverage Agreement between

the City of Clearwater (City) and Coca-Cola Refreshments USA, Inc. (Coca-Cola),

effective June 1, 2017 through September 30, 2022, to correct an omission in the original

agreement regarding payments to the City from the Monster Fund and authorize the

appropriate officials to execute same. (consent)

7.9 Approve a new Capital Improvement Project, Eddie C. Moore Softball Complex

Renovations - PRAF180001, for the purpose of renovating and upgrading facilities at the

EC Moore Complex for player and spectator safety as well as provide for a facility that

can host major television broadcasting and production; approve a third quarter budget

amendment transfer of $495,000 of Penny funds from Bicycle Paths-Bridges (CIP

315-93272) and $295,000 of general fund from 2017/18 Parks and Recreation salary

savings to establish this project. (consent)

7.10 Award a contract to Garland/DBS, Inc. (Garland), of Cleveland, Ohio for $405,846.10,

which includes a 10% contingency, to perform painting to all exterior surfaces of

Spectrum Field including the repairs and replacement of damaged exterior insulation

finishing systems (EFIS), under the Master Intergovernmental Cooperative Purchasing

Agreement (MICPA) with Cobb County, GA and U.S. Communities, and authorize the

appropriate officials to execute same. (consent)

7.11 Approve the Federally-Funded Subaward and Grant Agreement for public assistance

support for Hurricane Irma expenditures and authorize the City Manager to execute same.

(consent)

7.12 Award a contract extension to SunPrint, Inc. of Oldsmar, FL for copier and printer

services for the period of July 1, 2018 through October 20, 2018 and increase Munis

Contract No. 900094 by a $25,000 for a new total of $125,000, in accordance with Sec

2.564 (1)(d), Code of Ordinances, under Clay County School District Contract No.

12-SCH-87 and authorize the appropriate officials to execute same. (consent)

7.13 Award a contract (Purchase Order) to State of Florida, Department of Management

Services, Tallahassee, Florida for Suncom long distance service, State AIN Centranet

lines and toll-free lines from August 1, 2018 through September 30, 2019, at a cost not to

exceed $153,412, in accordance with Sec 2.564 (1)(d), Code of Ordinances, under State

Contract DMS-08/09-071, and authorize the appropriate officials to execute same.

(consent)

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7.14 Approve the Contractual Agreement for Utilization of Wastewater Treatment Facilities

between the City of Clearwater and Safety Harbor, effective August 1, 2018 through July

31, 2048, and authorize the appropriate officials to execute same. (consent)

7.15 Approve an amendment to the current agreement with AshBritt, Inc. of Deerfield Beach,

FL for the modification of the pricing rate for Management and Reduction: Grinding due to

a scrivener’s error on the previously approved document and authorize the appropriate

officials to execute the same. (consent)

7.16 Authorize the award of Invitation to Bid Number 24-18 to multiple vendors for citywide

custodial services, in an annual not-to-exceed amount of $600,000 for a one-year term,

with three, one-year renewal terms at the City’s discretion and authorize the appropriate

officials to execute same. (consent)

7.17 Appoint Kristin Langley, Michelle Thomann-Ramirez and Jason Hood to the Parks and

Recreation Board with terms to expire May 31, 2022. (consent)

7.18 Reappoint Peggy Cutkomp to the Neighborhood and Affordable Housing Advisory

Board, as the real estate professional in connection with affordable housing, with a term

to expire June 30, 2022. (consent)

7.19 Designate Mayor George N. Cretekos to serve as the City’s official voting delegate at the

Florida League of Cities’ Annual Conference, August 16-18, 2018. (consent)

7.20 Request for authority to settle the case of City of Clearwater v. B.R.W. Contracting, Inc.,

Case No. 13- 7292-CI. (consent)

7.21 Approve a five-year contingency fee Legal Services Agreement with the law firm of

Weidner Law, P.A., of St. Petersburg, FL, for representation in municipal lien foreclosure

matters 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 Approve the request from the owner of property addressed 355 South Gulfview Boulevard

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to vacate a portion of South Gulfview Boulevard Right-of-Way that abuts their property

and pass Ordinance 9167-18 on first reading. (VAC2018-05) The property owner has requested the City vacate the east 1/2 of South

Gulfview Boulevard right-of-way that abuts their property for the owners use in

development of the new Beach Walk Inn Hotel. The use of this vacated space

will be consistent with Beach by Design Development criteria and the Hotel

Density Reserve Development Agreement dated July 28, 2017 and recorded in

Official Records Book 19727, Pages 2465-2503. The Community Development

Board reviewed and approved the project as Case FLD2017-07012 in February

2018.

During construction of this new project, the owner will relocate, at his/her

expense, all private and public utilities and shall obtain approval and acceptance

of the various utility owners prior to completion. This project shall commence

vertical construction within two years of the effective date of this ordinance, or

this vacation will be rendered null and void, subject to the tolling of said time

period in the event the proposed Development is subject to pending litigation.

Real Estate Services Coordinator Jim Benwell said a question was raised

regarding the notice of the hearing and staff is requesting Item 8.1 be

continued to August 14, 2018 for first reading and September 6, 2018 for

second reading.

One individual supported the continuance.

Councilmember Allbritton moved to continue Item 8.1 to August

14, 2018 for first reading and September 6, 2018 for second

reading. The motion was duly seconded and carried unanimously.

8.2 Approve a Future Land Use Map Amendment from the Commercial General (CG)

category to the Central Business District (CBD) category for 1000 Court Street and pass

Ordinance 9178-18 on first reading. (LUP2018-06004)

This Future Land Use Map amendment involves a 0.360-acre property located on the northeast corner of Court Street and Ewing Avenue. The parcel is owned by Court Street Animal Hospital, Inc. and is occupied by a veterinary office. The request is to change the Future Land Use Map designation of the parcel from Commercial General (CG) to Central Business District (CBD), consistent with the remainder of the properties in the Prospect Lake Character District of Downtown. This parcel was inadvertently not advertised within Ordinance 9143-18 which amended the remainder of the Prospect Lake Character District

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to Central Business District (CDB); therefore, this city-initiated amendment is being processed separately. This parcel was already designated with the Downtown (D) District zoning, so a companion Zoning Atlas amendment is not needed.

The proposed Central Business District (CBD) category allows a mix of uses; however, the new Downtown District and Development Standards will dictate where specific uses can be located. The densities and intensities applicable to the Central Business District (CBD) are established within the adopted Clearwater Downtown Redevelopment Plan. The density in the proposed amendment area is 50 dwelling units per acre. Additionally, the intensity, or floor area ratio (FAR) of the property is 1.5.

The Planning and Development Department determined that the proposed Future Land Use Map amendment is consistent with the provisions of the Clearwater Community Development Code as specified below:

• The proposed amendment is consistent with the Comprehensive Plan

and the Countywide Plan Rules.

• The proposed amendment is compatible with the surrounding property

and character of the neighborhood.

• Sufficient public facilities are available to serve the property.

• The proposed amendment will not have an adverse impact on the

natural environment.

• The proposed amendment will not have an adverse impact on the use of

property in the immediate area.

In accordance with the Countywide Plan Rules, this land use plan amendment is subject to the approval of Forward Pinellas, in its role as the Pinellas Planning Council, and the Board of County Commissioners acting as the Countywide Planning Authority. The application is a small-scale amendment so review and approval by the Florida Department of Economic Opportunity and other state agencies is not required.

The Community Development Board will review this application at its July 17, 2018 public hearing and staff will update Council of their recommendation at the City Council meeting on July 19, 2018.

In response to a question, Planner Kyle Brotherton said no oppositions

were raised at the Community Development Board meeting.

Vice Mayor Caudell moved to approve a Future Land Use Map

Amendment from the Commercial General (CG) category to the

Central Business District (CBD) category for 1000 Court Street.

The motion was duly seconded and carried unanimously.

Ordinance 9178-18 was presented and read by title only.

Councilmember Cundiff moved to pass Ordinance 9178-18 on first

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reading. The motion was duly seconded and upon roll call, the

vote was:

Ayes: 5 - Mayor Cretekos, Vice Mayor Caudell, Councilmember Hamilton,

Councilmember Cundiff and Councilmember Allbritton

8.3 Approve amendments to the Clearwater Community Development Code amending the

Downtown (D) District and establishing new development standards and a regulating plan

for properties located within the Downtown Planning area in a new Appendix C, updating

standards for bicycle parking, and making other amendments associated with the new

Downtown District and Development Standards; and pass Ordinance 9149-18 on first

reading. (TA2018-03001)

Proposed Ordinance 9149-18 repeals and replaces the existing Downtown

zoning district with several provisions including a new purpose and intent and

updated references to the consistent Countywide Plan Map Category. It also

proposes to limit residential density on properties within the Coastal Storm Area

(CSA), consistent with the City’s Comprehensive Plan.

The ordinance establishes the new Downtown District and Development

Standards as Appendix C of the Community Development Code, which

contains the regulatory framework for the Downtown District including all use

provisions and development and design standards. The ordinance also

addresses various sections that need amendment as a result of the new

Appendix, as well as those relating to long-term bicycle parking standards.

Downtown District and Development Standards:

Appendix C is organized into nine Divisions, as outlined below:

• Division 1. General Provisions:

o Includes District intent and purpose, general organizational

information, and high-level explanation of the Divisions that

comprise the development standards

o Establishes certain exemptions from the development standards

• Division 2. Regulating Plan:

o Establishes two regulating plans for Downtown - Character

District Regulating Plan and Street Types and Key Corners

Regulating Plan - and generally describes each

o Establishes view corridors

• Division 3. Character District Standards:

o Regulates development potential (i.e., intensity and density);

maximum building heights and required height transitions;

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permitted uses and off-street parking; and bicycle parking

requirements

o Limits residential density for portions of properties located in the

Coastal Storm Area

o Introduces height transitions

o Requires long-term bike parking for a limited number of uses

• Division 4. Frontage Standards:

o Establishes seven frontages and identifies where these

frontages are permitted according to Street Type (as shown on

the regulating plan)

o Regulates building location, location of parking, ground floor

facade design, and front landscape and pedestrian

improvements along street frontages

o Establishes key corner requirements

• Division 5. Site Design Standards:

o Establishes general site design standards addressing:

development patterns and blocks; access and circulation;

parking and service areas (surface parking, structured parking,

and attached and detached garages for residential); landscaping

and fencing; stormwater management; waterfront development;

and drive-through facilities

• Division 6. Building Design Standards:

o Establishes general building design standards addressing:

façade treatment and design; awnings, canopies and balconies;

roofs and mechanical equipment

o Introduces terms for developers to use when describing attached

dwelling types (duplex, townhome, fourplex, etc.)

• Division 7. Signs [Reserved]: Reserves a location for future sign

standards specific to the Downtown District.

• Division 8. Flexibility:

o Establishes a process by which an applicant may request

flexibility

o Outlines the development standards for which flexibility may be

requested

• Division 9. Administration:

o Sets forth provisions for the various approvals that are applicable

within the Downtown District

The ordinance also proposes to amend Article 3, Division 5, to recognize that all

development and design standards for the Downtown District will be located in

the new Appendix C and proposes to delete language for outdoor cafes within

the Downtown Planning area which were zoned Commercial as this land has

not been rezoned to Downtown.

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Bicycle Parking

The proposed amendment creates new long-term parking standards and

incorporates new bicycle parking diagrams into the existing standards.

Nonconformity Provisions

The proposed amendment removes language that stipulated that reconstruction

meet requirements of the Clearwater Downtown Redevelopment Plan and that

the design of a project complied with the Downtown Design Guidelines. The

change is needed because development standards are now included in the

proposed Downtown District and Development Standards and not the

Downtown Plan.

The Planning and Development Department has determined that the proposed

text amendment to the Community Development Code is consistent with and

furthers the goals, objectives and policies of the Comprehensive Plan and the

Community Development Code as outlined in the staff report.

The Community Development Board will review the proposed text amendment

at its July 17, 2018 public hearing and staff will report the Board’s

recommendation to Council.

Planner Kyle Brotherton provided a PowerPoint presentation and

reviewed the motion to amend.

In response to questions, Planning Manager Lauren Matzke said the

proposed boundary height transition applies to any building along the

boundary where there is a 10 ft. or greater differential. Mr. Brotherton said

Type 1 and Urban Residential storefronts would be permitted for Street

Types B. If a developer wanted to do strictly residential along Myrtle

Avenue, then they would follow the frontage standards for Urban

Residential 1; if commercial use on the ground floor, they would follow the

frontage standards for Storefront 1. The frontage standards apply to the

ground floor. He said both store frontage types have similar setbacks with

parking to the rear of the building. Planning and Development Director

Michael Delk said the proposed amendments is a form based code and

changes the paradigm in Downtown; bringing an urban character while

retaining flexibility.

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In response to a concern regarding temporary parking in Downtown area

for employees, Mr. Delk said the item before Council does not address

temporary parking since it is handled through the temporary permit

process.

In response to questions, Mr. Delk said the high and dry boat storage is

not contemplated in the N. Marina Master Plan or in the agenda item

before Council; high and dry boat storage is not allowed in urban areas.

He said page 46 allows warehousing as an accessory or secondary

type of use and requires leasing office or non-storage customer service

area be incorporated into the building frontage along the primary street,

outdoor storage of any kind is prohibited, loading areas shall be provided

along the interior side or rear of the building. Stand alone mini

warehouses are not accommodated in the Downtown area. Ms. Matzke

said currently self-storage warehouses are not permitted in Downtown;

the activity center is modeled after St. Petersburg, where it is allowed

but limited to 25% of the primary use. She said in St. Petersburg it has

been added with residential development. Mr. Delk said the proposal

before Council precludes outdoor storage in Downtown and urban areas;

the corporate focus related to general fleet storage is to send it somewhere

else. Ms. Matzke said height is unlimited in the Downtown core. Mr.

Brotherton said, as it relates to the height transition marks, if the maximum

height of property A is greater than 10 ft. from property B, a stepback will be

required to mitigate the height. Ms. Matzke said the maximum height for the

area in which the Northward School is located is 35 feet. The 4.0 FAR was

established in the previous Downtown Plan and is currently the maximum the

City can allow in Downtown under the countywide rules. She said the public

amenities incentive pool would allow applicants to seek an increased FAR.

One individual expressed a concern with the unlimited height of

properties in Downtown and lack of setbacks for pedestrians along

Cleveland Street.

Ms. Matzke said the proposed amendments includes language that

provides a 15-ft. stepback anywhere between the third and sixth floors for

buildings that are 75 ft. or higher. A second stepback would be required

for buildings taller than 100 ft.

Vice Mayor Caudell moved to approve amendments to the

Clearwater Community Development Code amending the

Downtown (D) District and establishing new development

standards and a regulating plan for properties located within the

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Downtown Planning area in a new Appendix C, updating

standards for bicycle parking, and making other amendments

associated with the new Downtown District and Development

Standards. The motion was duly seconded and carried

unanimously.


Councilmember Hamilton moved to pass Ordinance 9149-18 on first

reading. The motion was duly seconded.

In response to a suggestion, Mr. Delk said if directed, staff would

reevaluate commercial boat storage near the Seminole Boat docks.

Several years ago, there was a high and dry facility that was torn down;

construction of a condominium at the site stalled during the recession.

He said staff worked closely with the neighborhood on a specific plan to

deindustrialize the Seminole ramp waterfront, which received a lot of

support from the community. Mr. Delk said there was a proposed high and

dry facility that was denied because it was inconsistent with the area plan at

that time.

Councilmember Allbritton moved to amend Ordinance 9149-18 as

follows:

On page 32 of the ordinance, Figure 2. Regulating Plan – Street Types and Key Corners is amended as follows to change the Street Type designation applied to the east and west sides of Garden Avenue from north of Drew Street to south side of Eldridge Street from Street Type E to Street Type D: Draft



On page 34 of the ordinance, Section C-302.B is amended to read as follows to clarify intent of height transitions for properties along the boundary of Downtown: B) Height Transitions 1. Buildings greater than 75 feet in height shall provide step backs consistent with the following standards. at least a 15-foot minimum facade step back from the lower floor facade between the 3rd and 6th floors along frontages abutting public streets. Buildings greater than 150 feet in height shall have an additional 15-foot minimum facade step back between the 12th and 15th floors along frontages abutting public streets.

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a. Buildings shall have at least a 15-foot minimum façade step back from the lower floor façade between the 3rd and 6th floors along frontages abutting public streets. Buildings greater than 150 feet in height shall have an additional 15-foot minimum façade step back between the 12th and 15th floors along frontages abutting public streets. b.2. Buildings along the boundary of the Downtown District and/or those properties within the Downtown District for which the permissible maximum height would be greater than 10 feet higher than the permissible maximum height on an abutting parcel (see Figure 8) shall have at least a 15-foot minimum facade step back from the lower floor facade between the 3rd and 6th floor along the property line(s) which abut the boundary and/or a property with a lesser permissible height. 2.3. To avoid a monotonous streetscape, a building shall not replicate the step back configuration of the neighboring buildings including those across rights-of-way. 3.4. In addition to the step back requirements above, buildings, or portions of buildings located on properties that are two acres or larger in size and located west of North Osceola Avenue and north of Seminole Street, but not fronting on Cedar Street, and are greater than 30 feet in height shall not be closer than 30 feet to any property. On page 35 of the ordinance, Section C-303.A is removed and is relocated to page 41 of the Ordinance to provide clarity, and is also amended to remove reference to residential land uses and a new subsection B on residential use restrictions is created and subsequent subsection is renumbered: A) Use & Off Street Parking Table Permitted uses and approval levels by character district, along with off-street parking requirements, are listed in Table 1. Use & Off Street Parking. In addition, only residential land uses are permitted along Street Types E and F. B) Residential Use Restrictions Only residential uses are permitted in the Urban Residential 2, Neighborhood Infill, and Neighborhood Conservation Frontages as defined in Appendix C, Division 4. On pages 36 through 41, Figures 3 through 8 are being moved to pages 35 through 40. On page 48 of the ordinance, Section C-401 is amended to read as follows to clarify that multiple frontage standards can apply to a single street type: SECTION C-401. RELATIONSHIP BETWEEN STREET TYPES AND FRONTAGE STANDARDS

Table 3. Frontages and Street Types shows which development standards in this division apply by the street types shown in Figure 2. Regulating Plan – Street Types and Key Corners. Multiple frontages can apply to a single project along a street type. On page 49 of the ordinance, Table 3. Frontages and Street Types is as follows to insert a row identifying that only residential uses are permitted in the frontages below: Draft



On page 50 of the ordinance, Section C-404.A is amended to read as follows to add language to clarify orientation of buildings: A) General The Storefront 1 Frontage Standards are intended for application along Street Types A, B, and C which are identified as appropriate for high levels of existing or planned pedestrian activity and active ground floor uses. Development standards for this type of frontage require buildings aligned along adjacent streets, front building facades and building entries oriented to public sidewalks with traditional storefront design treatments with large, transparent display windows, building entries at sidewalk grade, awnings or canopies, minimal front setbacks, and parking to the rear of occupied building space.

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On page 52 of the ordinance, Section C-405.A is amended to read as follows to add language to clarify orientation of buildings: A) General The Storefront 2 Frontage Standards are intended for application along Street Type C which is identified as appropriate for moderate levels of existing or planned pedestrian activity. Development standards for this frontage require buildings aligned along adjacent streets, front building facades and building entries oriented to public sidewalks with traditional storefront design treatments with large, transparent display windows, building entries at sidewalk grade, awnings or canopies, minimal front setbacks, and parking to the side and rear of occupied building space.

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On page 52 of the ordinance, Section C-405.B is amended to add a new subsection 3 to promote the continuity of building frontages: B) Building Setbacks

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3. To promote the continuity of frontages along front setbacks, the space between buildings on the same or adjacent sites shall be 80 feet maximum. On page 53 of the ordinance, Section C-405.E is amended to read as follows to clarify that side parking is permitted on only one side of a building: E) Parking

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3. Surface parking located to the side of buildings along street shall be no greater than 1 bay in width or 60 feet maximum as measured along the street frontage and shall be set back 5 feet behind front building facades and screened from public sidewalks by an opaque hedge or wall 24 to 36 inches in height (F). Where provided, side surface parking shall be located along a single building side.

On page 54 of the ordinance, Section C-406.A is amended to read as follows to add language to clarify orientation of buildings: A) General The Workshop/Flex Frontage Standards are intended for application along Street Type D which is identified as appropriate for a mix of land uses and building types. Development standards for this frontage require buildings aligned along adjacent streets, front building facades and building entries oriented to public sidewalks with modest front setbacks and facade transparency, and parking to the rear or side of occupied building space.

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On page 54 of the ordinance, Section C-406.B is amended as follows to update side setback requirement and to add a new subsection 2 to promote continuity of building frontages: B) Building Setbacks 1. Buildings shall be placed along street frontages consistent with the following building setbacks from property lines: a. Front Setbacks (A): 5 feet minimum, 10 feet maximum. b. Side Setbacks (B): 10 feet minimum 5 feet minimum or as required by applicable building and fire codes. c. Rear Setbacks (C): 10 feet minimum. 2. To promote the continuity of frontages along front setbacks, the space between buildings on the same or adjacent sites shall be 80 feet maximum. On page 55 of the ordinance, Section C-406.D.2.a is amended to read as follows to clarify building facade language:

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2. Ground floor front building facades shall be designed to meet the following standards (D):

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a. Building facades shall be located parallel to the street frontage. along front setbacks and aligned parallel to streets and public sidewalks.

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On page 55 of the ordinance, Section C-406.E is amended to read as follows to limit side parking to one bay in width and to clarify that side parking is permitted on only one building side: E) Parking 3. Surface parking located to the side of buildings along streets shall be no greater than 2 bays in width or 120 feet 1 bay in width or 60 feet maximum as measured along the street frontage and shall be set back 5 feet behind front building facades and screened from public sidewalks by a opaque hedge or wall 24 to 36 inches in height (F). Where provided, side surface parking shall be located along a single building side. On page 56 of the ordinance, Section C-407.A is amended to read as follows to add language to clarify orientation of buildings: A) General The Urban Residential 1 Frontage Standards are intended for application along Street Types B and C which are identified as appropriate for high levels of existing or planned pedestrian activity. Development standards for this frontage require buildings aligned along adjacent streets, oriented to public sidewalks with residential ground floor uses with minimal front setbacks, ground floors elevated above adjacent sidewalk grade, and parking to the rear of occupied building space.

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On page 58 of the ordinance, Section C-408.A is amended to read as follows to add language to clarify orientation of buildings: A) General The Urban Residential 2 Frontage Standards are intended for application along Street Type D which is identified as appropriate for a mix of land uses and building types. Development standards for this frontage require buildings aligned along adjacent streets, oriented to public sidewalks with residential ground floor uses with modest front setbacks, ground floors elevated above adjacent sidewalk grade, and parking to the rear of occupied building space.

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On page 58 of the ordinance, Section C-408.B is amended as follows to add a new subsection 2 to promote the continuity of building frontages: B) Building Setbacks

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2. To promote the continuity of frontages along front setbacks, the space between buildings on the same or adjacent sites shall be 80 feet maximum.

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On page 58 of the ordinance, Figures 22 and 23 are being replaced to reflect changes to permit limited parking located to the side of buildings:

On page 59 of the ordinance, Section C-408.E is amended to read as follows to allow for one bay of side parking and to update references to annotations on Figures 22 and 23: E) Parking

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2. Parking shall be located to the rear of the property away from the primary street frontage and corner locations. Parking to the side of buildings is prohibited. 3. 2. Parking, vehicular loading/unloading areas, and passenger drop off areas are prohibited in front setbacks. 3. Surface parking located to the side of buildings along streets shall be no greater than 1 bay in width or 60 feet maximum as measured along the street frontage and shall be set back 5 feet behind front building facades and screened from public sidewalks by an opaque hedge or wall 24 to 36 inches in height (F). Where provided, side surface parking shall be located along a single building side. 4. Parking and vehicular circulation areas incorporated in the ground floor of a building along street frontages shall be located behind fully-enclosed, occupied building space with a depth of 20 feet minimum (FG).

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On page 60 of the ordinance, Section C-409.A is amended to read as follows to remove repeated language on parking location: A) General The Neighborhood Infill Frontage Standards are intended for application along Street Type E which is identified as appropriate for residential development and redevelopment. Development

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standards for this frontage require attached and detached dwellings oriented to public sidewalks with modest landscaped front setbacks and parking to the rear of occupied building space with parking to the rear of occupied building space.

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On page 62 of the ordinance, Section C-410.A is amended to read as follows to remove a period after the reference to Table 4. Attached Dwelling Types General and replace it with a comma: The Neighborhood Conservation Frontage Standards are intended for application along Street Type F which is identified as appropriate for residential development and redevelopment. Development standards for this frontage require detached dwellings and attached dwellings (two units

maximum, may include detached dwelling with one carriage house), as described in Table 4. Attached Dwelling Types General., oriented to public sidewalks with front lawns and parking to the rear of occupied building space with allowance for limited parking in private driveways to the side of houses.

* * * * * * * * * *

On page 66 of the ordinance, Section C-503.A is amended to read as follows to clarify intent of site access and vehicular circulation: A) Site Access 1. All vehicular access to parking lots, garages, and service areas, shall occur from the rear of the property via a public alley (either existing or constructed as part of a development proposal), private service drive, or via a cross access easement from an adjacent property. Should none of these options be available or are determined to be infeasible by the City, vehicular access shall be permitted from a secondary street frontage. Vehicular access shall only be permitted from a primary street frontage when none of the above means of vehicular access is determined by the City to be available.

* * * * * * * * * *

On page 67 of the ordinance, Section C-504.C is amended to read as follows to remove language related to service area access, and to update numbering accordingly: C) Service Areas 1. Service areas, including areas providing access to loading docks and areas designated for the placement of waste containers and recycling equipment, shall be located to the rear of buildings in the most unobtrusive location possible and screened from adjacent properties and rights-of-way with architecturally finished walls and gated enclosures designed to be consistent with and complementary to the exterior facade of the building. 2. Service area, including areas providing access to loading docks and areas designated for the placement of waste containers and recycling equipment, shall be accessed from secondary streets and alleys. On page 70 of the ordinance, Section C-601 is amended to read as follows to clarify how buildings shall be located on a site: SECTION C-601. GENERAL To support the creation of more pedestrian- and transit-accessible destinations, buildings shall be oriented towardlocated parallel to adjacent streets and designed to contribute to the creation of attractive, accessible destinations. Building facades along streets and public spaces shall be designed with attractive ground floor facades, well-defined building entries, and shall use quality

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building materials. Buildings shall occupy a substantial portion of the frontage and be located to minimize the visual impact of parking, loading, service, and other vehicular use areas. On page 71 of the ordinance, Section C-602.H is amended to read as follows to remove a reference to signs: H) Façade Lighting Light Emitting Diode (LED) rope/ribbon lighting, neon lighting, or other types of lighting used to outline windows, signs, or other architectural features shall be prohibited. On page 79 of the ordinance, Section C-801 is amended to add a new subsection K establishing flexibility provisions for residential use restrictions: K) Character District Standards - Residential Use Restrictions Flexibility in the application of residential use restrictions for projects along limited segments of frontage designated Street Type E may be approved to permit office use where the applicant demonstrates that the hours of operation, parking demand, and other use related impacts are minimized, and the office use and architectural character are consistent with the character of the surrounding area. Flexibility shall only be permitted on Grove Street between Martin Luther King, Jr. Avenue and Missouri Avenue and on Garden Avenue north of Eldridge Street.

Upon the vote being taken, the motion carried unanimously.

Councilmember Cundiff moved to pass Ordinance 9149-18, as

amended. The motion was duly seconded and upon roll call, the

vote was:



8.4 Approve Chapter 4 of the Clearwater Redevelopment Plan which serves as the

Community Redevelopment Agency’s work plan and pass Ordinance 9169-18 on first

reading.

As stated in the Downtown Redevelopment Plan's introduction, the Plan, "lays

the groundwork to reclaim Downtown as Clearwater's historic urban core and

the heart of the city." The primary focus of Chapter 4: Plan Implementation is to

provide a summary of the major activities and capital improvements that will be

completed by the City and the Community Redevelopment Agency over the next

five years. The Downtown Redevelopment Plan serves as a Special Area Plan

in accordance with the Countywide rules of Pinellas County. It also serves as

the Community Redevelopment Plan in accordance with Florida's Community

Redevelopment Act.

The Plan will be implemented in four major ways:

• Plan goals, objectives and design standards are applied through the site

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plan review process

• The Public Amenities incentive pool program

• The Capital Improvements Program

• Policy implementation through City led projects and programs

There are four sections in this Chapter:

• Role of the Community Redevelopment Agency

• Funding Sources

• Incentives

• Capital Improvement Program and Policy Implementation Projects

The Community Redevelopment Agency (CRA) section outlines the role of the

CRA in downtown revitalization. The Funding Sources section contains all the

identified and potential sources of revenue for implementation as well as tax

increment projects for the CRA districts. The Incentives section provides

information on available incentive programs for the downtown area. It also

includes the relationship of this plan to the Community Development Code and

Public Amenities Incentive Pool. The Capital Improvement Program and Policy

Implementation Projects section lists planned improvements for the entire

downtown plan area as well as each character district.

Work sessions on this Chapter have been held with the CRA Trustees, the

Downtown Development Board and the Community Development Board. In

addition, the CRA has solicited comments from the Clearwater Chamber of

Commerce, Clearwater Downtown Partnership, the Downtown Merchants

Association and several individual downtown stakeholders. This item will come

before the Community Development Board on July 17, 2018 and City Council on

July 19, 2018 for approval.

CRA Executive Director Amanda Thompson provided a PowerPoint

presentation.

In response to questions, Ms. Thompson said part of the feasibility

study looked at what it would take to have a full-service restaurant in the

library. The CRA also supports the maker space via an interlocal

agreement. Imagine Clearwater envisions the library as the public's

indoor space that can serve different public uses. Deputy City Manager Jill

Silverboard said the cost estimates are budget numbers included in the

capital improvement program; the estimates will change as the projects

come into fruition.

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Vice Mayor Caudell departed Chambers at 7:48 p.m. and returned at

7:49 p.m.

Councilmember Hamilton moved to approve Chapter 4 of the

Clearwater Redevelopment Plan which serves as the Community

Redevelopment Agency’s work plan. The motion was duly

seconded and carried unanimously.


Councilmember Allbritton moved to pass Ordinance 9169-18 on

first reading. The motion was duly seconded and upon roll call,

the vote was:



9. Second Readings - Public Hearing

9.1 Adopt Ordinance 9123-18 on second reading, annexing certain real properties whose

post office addresses are 3474 Aspen Trail, 3490 and 3492 Lake Shore Lane,

Clearwater, Florida 33761, into the corporate limits of the city and redefining the

boundary lines of the city to include said addition.


Councilmember Allbritton moved to adopt Ordinance 9123-18 on

second and final reading. The motion was duly seconded and

upon roll call, the vote was:



9.2 Adopt Ordinance 9124-18 on second reading, amending the future land use plan element

of the Comprehensive Plan of the city to designate the land use for certain real properties

whose post office addresses are 3474 Aspen Trail, 3490 and 3492 Lake Shore Lane,

Clearwater, Florida 33761, upon annexation into the City of Clearwater, as Residential

Low (RL) and Water/Drainage Feature, and to change the land use for a 9.20 acre

portion o the same real property from Transportation Utility (T/U) and Preservation (P) (in

Pinellas County), to Residential Low (RL) and Transportation/Utility (T/U) Overlay (1.52

acres only).

Ordinance 9124-18 was presented and read by title only. Vice

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Mayor Caudell moved to adopt Ordinance 9124-18 on second and

final reading. The motion was duly seconded and upon roll call,

the vote was:



9.3 Adopt Ordinance 9125-18 on second reading, amending the Zoning Atlas of the city by

zoning certain real properties whose post office addresses are 3474 Aspen Trail, 3490

and 3492 Lake Shore Lane, Clearwater, Florida 33761, upon annexation into the City of

Clearwater as Low Density Residential (LDR) and Low Medium Density Residential

(LMDR).


Councilmember Cundiff moved to adopt Ordinance 9125-18 on





The Council recessed from 8:00 p.m. to 8:06 p.m.

9.4 Adopt Ordinance 9164-18 on second reading, annexing certain real property whose post

office address is 3053 Merrill Avenue, Clearwater, Florida 33759, into the corporate

limits of the city and redefining the boundary lines of the city to include said addition.





Ayes: 4 - Mayor Cretekos, Vice Mayor Caudell, Councilmember Cundiff and

Councilmember Allbritton

Councilmember Hamilton entered at 8:08 p.m.

9.5 Adopt Ordinance 9165-18 on second reading, amending the future land use plan element

of the Comprehensive Plan of the city to designate the land use for certain real property

whose post office address is 3053 Merrill Avenue, Clearwater, Florida 33759, upon

annexation into the City of Clearwater, as Residential Low (RL).

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Councilmember Allbritton moved to adopt Ordinance 9165-18 on





9.6 Adopt Ordinance 9166-18 on second reading, amending the Zoning Atlas of the city by

zoning certain real property whose post office address is 3053 Merrill Avenue,

Clearwater, Florida 33759, upon annexation into the City of Clearwater as Low Medium

Density Residential (LMDR).

Ordinance 9166-18 was presented and read by title only. Vice

Mayor Caudell moved to adopt Ordinance 9166-18 on second and

final reading. The motion was duly seconded and upon roll call,

the vote was:



9.7 Adopt Ordinance 9168-18 on second reading, vacating the 2-foot water main easement

along the east line of Lot 1, Block 3, Revised Map of Clearwater Beach, as recorded in

Plat Book 11, Page 5, of the Public Records of Pinellas County, Florida.







10. City Manager Reports

10.1 Adopt a tentative millage rate of 5.9550 mills for fiscal year 2018/19; set public hearing

dates on the budget for September 6, 2018 and September 20, 2018, to be held no

earlier than 6:00 p.m., and schedule a special council meeting on August 2, 2018 at 9:00

a.m. to fully discuss the proposed budget. In accordance with the Truth in Millage (TRIM) process, the City Council must

adopt a tentative millage rate and set public hearing dates prior to finalizing and

adopting a budget. This information must be provided to the Pinellas County

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Property Appraiser and Tax Collector by August 3, 2018. The City's proposed

millage rate and public hearing dates will be included on the TRIM notices

mailed to taxpayers in August. This tentative rate cannot be increased without

first-class mailing notification to each taxpayer at the expense of the City of

Clearwater, not less than 10 days and not more than 15 days before the public

hearing.

The City Manager's recommended millage rate is 5.9550 mills, an increase of

0.8 mills from current year. This rate is 22.32% more than the rolled back rate

of 4.8684 mills. The rolled-back rate is the millage rate that will provide the City

with the same property tax revenue as was levied in the prior year. If the

proposed millage rate of 5.9550 mills is adopted, the City's ordinance adopting

the millage rate will reflect a 22.32% increase from the rolled-back rate of

4.8684 mills.

The proposed millage rate as well as other TRIM millage rates will be noted on

the 2018 compliance forms as follows:

5.9550 mills - Tentative millage rate

4.8684 mills - Rolled-back millage rate

6.7115 mills - Maximum majority vote rate

7.3827 mills - Maximum two-thirds vote rate

Staff would also like to schedule a special council meeting on August 2, 2018 at

9:00 a.m. to fully discuss the proposed budget.

Budget Manager Kayleen Kastel provided a Powerpoint presentation.

In response to questions, Deputy City Manager Jill Silverboard said the

City of St. Petersburg and the Town of Belleair have a tentative millage

rate higher than Clearwater, even if the increase is approved. Assistant

City Manager Micah Maxwell said St. Petersburg's current millage rate is

6.755.

Councilmember Hamilton moved to adopt a tentative millage rate

of 5.9550 mills for fiscal year 2018/19; set public hearing dates on

the budget for September 6, 2018 and September 20, 2018, to be

held no earlier than 6:00 p.m., and schedule a special council

meeting on July 31, 2018 at 1:30 p.m. to fully discuss the

proposed budget. The motion was duly seconded and carried

unanimously.

10.2 Disband the Strong Mayor Task Force.

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The Strong Mayor Task Force completed its review of the city charter and

approved amendments for a mayor-council form of government on Tuesday,

July 3, 2018.

The City Council thanked the members for their service and efforts.

Vice Mayor Caudell moved to disband the Strong Mayor Task

Force. The motion was duly seconded and carried unanimously.

11. City Attorney Reports 11.1 Discuss Ordinance 9179-18, changing the current form of government to mayor-council.

The City Attorney reviewed the draft ordinance. She said she made a

few changes to the charter language. She moved one of

the sections that was in Article IV, a section retained from the old charter

language and in editing, it got misplaced and it is now back where it

belongs which addresses the notice the city attorney needs to give when

the city attorney is going to be absent. She corrected a couple

typographical errors and amended Article X, the transition section which

addresses how the charter amendments will be implemented assuming

the ballot question passes. This will allow the City to implement the

election without implementing the strong mayor provisions until such

time a strong mayor is elected.

Concern was expressed regarding the word restart as it relates to the

mayoral term limits. There was council consensus to change the word

"restart" to "start."

Discussion ensued regarding a gender-neutral pronoun instead of

referencing the mayor as he/his. The City Attorney said that can be

addressed during the next Charter Review.

In response to questions, the City Attorney said all but one of the

suggestions presented via letter by the Clearwater Chamber of

Commerce were discussed and reviewed by the Strong Mayor Task

Force. The Task Force did not discuss a timeframe for the strong mayor

to have staff in place. The City Attorney said this is something Council

can address by ordinance in the transitional period; assuming this

passes, there is a budget which would be the current City Manager's

budget.

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Two individuals spoke in opposition.

Two individuals spoke in support.

One individual expressed concern regarding the timeframe of 3 newly

elected councilmembers and a newly elected strong mayor in 2020, with

2 additional council seats up for election two years later. It was suggested

to have 3 elections in each cycle. The individual also expressed concern

regarding the line item veto power in regards to the budget and

appropriations.

One individual questioned the need for the change.

The City Attorney said Council may make changes at first reading if

needed.

12. Closing comments by Councilmembers (limited to 3 minutes) – None.

13. Closing Comments by Mayor

Mayor Cretekos reviewed recent and upcoming events.

14. Adjourn

The meeting adjourned at 9:28 p.m.

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City Council Meeting Minutes July 19, 2018 Draft

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