08/18/2011 CITY COUNCIL MEETING MINUTES
CITY OF CLEARWATER
August S,
Present: Mayor Frank Hibbard, Vice Mayor George N. Cretekos, Councilmember
John Doran, Councilmember Paul Gibson, and Councilmember Bill
Jonson.
Also Present: Jill S. Silverboard - Assistant City Manager, Rod Irwin -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 in agenda order although not
necessarily discussed in that order.
1. Call to Order— Mayor Frank Hibbard
The meeting was called to order at 6:00 p.m. at City Hall.
2. Invocation — Rev. John Thompson from Countryside Christian Church
3. Pledge of Allegiance — Mayor Frank Hibbard
4. Presentations - Given
4.1 Service Awards
One service award was presented to a city employee.
The August 2011 Employee of the Month Awards was presented to Bob Pagano,
Library.
4.2 2011 Summer Business, Neighborhood, Homes of the Quarter
The Summer 2011 Business Beautification Recognition Award was presented to the
Gulf to Bay Commons, 2094 Gulf to Bay Boulevard. The Summer 2011 Neighborhood
of the Quarter Award was presented to Oakbrook Estates. The Home of the Quarter
Award was presented to Sheila Stephens, 704 Nicholson Street, Janet Gottron, 1779
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Linwood Circle; Carol Rust, 1736 Pamelia Drive and Robert and Florajane Love, 1845
Cleveland Street.
4.3 Presentation by Progress Energy to CFR Tech Rescue Team - Presenters are:
Christopher Flack, Director External Relations, Progress Energy Florida and
Melissa Seixas, Community Relations Manager, Progress Energy Florida.
5. Approval of Minutes
5.1 Approve the minutes of the August 4, 2011 City Council Meeting and the July 18,
2011 Attorney Client Session as submitted in written summation by the City
Clerk.
Councilmember Bill Jonson requested that the August 4, 2011 City Council minutes be
amended on page 8, Item 11.3, to read, "...funding for improvements at the intersection"
(second paragraph) and "...Airport to Clearwater Beach" (third paragraph).
Councilmember Bill Jonson moved to approve the July 18, 2011 Attorney Client Session
as submitted and the minutes of the August 4, 2011 City Council Meeting as amended.
The motion was duly seconded and carried unanimously.
6. Citizens to be Heard re Items Not on the Agenda
Stephen Sarnoff requested consideration for extending the operating hours of the
employee health clinic.
Public Hearings - Not before 6:00 PM
7. Administrative Public Hearings
7.1 Approve the applicant's request to vacate the 3-foot utility easement lying
adjacent to and south of the north property line of the west one-half of Lot 26 and
all of Lot 27, Carolina Terrace Annex 0116 Howard Street), and pass Ordinance
8280-11 on first reading, (VAC2011-02 McCluster).
The applicant is seeking the vacation of the easement in order to build a
swimming pool and pool enclosure. Progress Energy, Verizon, Knology and
Bright House Cable have no facilities in the subject easement and have no
objections to the vacation request.
The City of Clearwater has no facilities in the subject easement and staff
anticipates no future need for the 3-foot utility easement.
City Council 2011-08-18 2
The Engineering Department has no objections to the vacation request.
Vice Mayor George N. Cretekos moved to approve the applicant's request to vacate the
3-foot utility easement lying adjacent to and south of the north property line of the west
one-half of Lot 26 and all of Lot 27, Carolina Terrace Annex (1116 Howard Street). The
motion was duly seconded and carried unanimously.
Ordinance 8280-11 was presented and read by title only. Councilmember Paul Gibson
moved to pass Ordinance 8280-11 on first reading. The motion was duly seconded and
upon roll call, the vote was:
'Ayes". Mayor Frank Hibbard, Vice Mayor George N. Cretekos, Councilmember
John Doran, Councilmember Paul Gibson, and Councilmember Bill
Jonson.
"Nays": None.
7.2 Approve the annexation, initial Future Land Use Map designation of Residential
Low (RL) and Drainage Feature Overlay and initial Zoning Atlas designation of
Low Medium Density Residential (LMDR) District for 1842 and 1849 Diane Drive;
1727 and 1771 El Trinidad Drive; 1717, 1718, 1736 and 1741 Evans Drive;
1728, 1736 and 1746 Grove Drive; 1705, 1712, 1716 and 1746 Lucas Drive;
1813 and 1837 Marilyn Drive; 1818 and 1837 Skyland Drive; 2738 Terrace
Drive; and 1716, 1733, 1741, 1749 and 1754 Thomas Drive (all parcels are
located in Section 05, Township 29 South, Range 16 East)and pass Ordinances
8270-11, 8271-11 and 8272-11 on first reading. (ATA2011-01001)
The City of Clearwater Planning and Development Department has identified an
area within the Clearwater Planning Area with a large concentration of properties
with Agreements to Annex (ATAs) that are eligible for annexation. These
properties are located east of U.S. Highway 19, north of S.R. 590 and south of
South Drive. Subdivisions in this area include Virginia Grove Terrace, Diane
Heights and Carlton Terrace. The Department has identified a total of 189
properties in this area that could be annexed through a phased approach over the
next several years.
This application, which has been identified as Phase C of the overall annexation
project, includes 25 of the 189 properties. Current or previous owners of these
properties entered into ATAs between 1983 and 2005 to obtain sanitary sewer
service. The Planning and Development Department is initiating this project to
bring the properties into the City's jurisdiction in compliance with the terms and
conditions set forth in the agreements. The Phase C properties are occupied by
25 detached dwellings on 4.94 acres of land. It is proposed that approximately 10
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acres of right-of-way throughout this area on Evans Drive, Lucas Drive, Thomas
Drive, Grove Drive, El Trinidad Drive, Terrace Drive, Diane Drive, Skyland Drive,
Morningside Drive, Winwood Drive and Marilyn Drive not currently within the city
limits also be annexed (please refer to the attached annexation map for the
specific locations). It is proposed that the 25 properties be assigned a future land
use map designation of Residential Low (RL). A major drainage ditch traverses
three of these properties (2738 Terrace Drive and 1718 and 1736 Evans Dr) for
which the Drainage Feature Overlay designation is proposed consistent with the
ditch boundaries. It is proposed that all parcels be assigned the zoning
designation of Low Medium Density Residential (LMDR) District.
The Planning and Development Department has determined that the proposed
annexation is consistent with the provisions of Community Development Code
Section 4-604.E as follows:
The properties currently receive sanitary sewer service from the City and water
service from Pinellas County. Collection of solid waste will be provided by the
City. The properties are located within Police District III and service will be
administered through the district headquarters located at 2851 N. McMullen Booth
Road. Fire and emergency medical services will be provided to these properties
by Station 48 located at 1700 Belcher Road. The City has adequate capacity to
serve the properties with solid waste, police, fire and EMS service. Water service
will continue to be provided by Pinellas County. The proposed annexations will not
have an adverse effect on public facility levels of service; and
The proposed annexation is consistent with and promotes the following objectives
and policy of the Clearwater Comprehensive Plan:
Policy A.7.1.3: Invoke agreements to annex where properties located within
enclaves meet the contiguity requirements of Florida Statutes Chapter 171.
Objective A.6.4: Due to the built-out character of the City of Clearwater, compact
urban development within the urban service area shall be promoted through
application of the Clearwater Community Development Code.
Objective A.7.2: Diversify and expand the City's tax base through the annexation
of a variety of land uses located within the Clearwater Planning Area.
The proposed Residential Low (RL) and Drainage Feature Overlay Future Land
Use Map categories are consistent with the current Countywide Plan designations
of the properties. The Residential Low (RL) designation primarily permits
residential uses at a density of 5.0 units per acre. The Drainage Feature Overlay
category proposed to be applied to three properties (2738 Terrace Drive and 1718
and 1736 Evans Dr) recognizes the drainage feature on the property but does not
City Council 2011-08-18 4
impact development potential. The proposed zoning district to be assigned to the
properties is the Low Medium Density Residential (LMDR) District. The uses of
the subject properties are consistent with the uses allowed in the Low Medium
Density Residential (LMDR) District. All of the properties meet the minimum
dimensional requirements of the Low Medium Density Residential (LMDR)
District; therefore, the proposed annexation is consistent with the Countywide
Plan, Clearwater Comprehensive Plan, and Clearwater Community Development
Code; and
The properties proposed for annexation are contiguous to existing City boundaries
along at least one property boundary; therefore, the annexations are consistent
with Florida Statutes Chapter 171.044.
Councilmember Bill Jonson moved to approve the annexation, initial Future Land Use
Map designation of Residential Low (RL) and Drainage Feature Overlay and initial
Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1842
and 1849 Diane Drive; 1727 and 1771 El Trinidad Drive; 1717, 17187 1736 and 1741
Evans Drive; 1728, 1736 and 1746 Grove Drive; 1705, 17127 1716 and 1746 Lucas
Drive; 1813 and 1837 Marilyn Drive; 1818 and 1837 Skyland Drive; 2738 Terrace Drive;
and 1716, 17337 17417 1749 and 1754 Thomas Drive (all parcels are located in Section
05, Township 29 South, Range 16 East). The motion was duly seconded and carried
unanimously.
Ordinance 8270-11 was presented and read by title only. Councilmember John Doran
moved to pass Ordinance 8270-11 on first reading. The motion was duly seconded and
upon roll call, the vote was:
'Ayes". Mayor Frank Hibbard, Vice Mayor George N. Cretekos, Councilmember
John Doran, Councilmember Paul Gibson, and Councilmember Bill
Jonson.
"Nays": None.
Ordinance 8271-11 was presented and read by title only. Vice Mayor George N.
Cretekos moved to pass Ordinance 8271-11 on first reading. The motion was duly
seconded and upon roll call, the vote was-
'Ayes . Mayor Frank Hibbard, Vice Mayor George N. Cretekos, Councilmember
John Doran, Councilmember Paul Gibson, and Councilmember Bill
Jonson.
"Nays": None.
City Council 2011-08-18 5
Ordinance 8272-11 was presented and read by title only. Councilmember Paul Gibson
moved to pass Ordinance 8272-11 on first reading. The motion was duly seconded and
upon roll call, the vote was:
'Ayes". Mayor Frank Hibbard, Vice Mayor George N. Cretekos, Councilmember
John Doran, Councilmember Paul Gibson, and Councilmember Bill
Jonson.
"Nays": None.
8. Consent Agenda —Approved as submitted less Items 8.3 and 8.7
8.1 Approve the October 1, 2011 Emergency Medical Services ALS First Responder
Agreement Extension between Pinellas County and City of Clearwater and
authorize the appropriate officials to execute same. (consent)
8.2 Recommend the approval of a change to the distribution formula for county
funds through PPLC (Pinellas Public Library Cooperative)to allow use for support
of the Countywide Automation System and countywide delivery services for
library materials. (consent)
8.3 Approve a recommendation by the Public Art and Design Board for the
commission, design and layout of a public art gateway to be installed at the
intersection of U.S. Highway 19 and State Road 60 (Gulf to Bay Boulevard), as
designed by artist Steven Weitzman, for a total cost of$45,000. (consent)
See below.
8.4 Approve an agreement between the City of Clearwater and the School Board of
Pinellas County, Florida providing for the continuation of the School Resource
Officer program at Clearwater High School, Countryside High School and Oak
Grove Middle School for a one-year period, commencing July 1, 2011 through
June 30, 2012, and authorize the appropriate officials to execute same.
consent
8.5 Award a contract (purchase order) to Gregory Electric, Inc. of Clearwater, Florida
for the construction of the Skycrest RCW System CSX and Keene Road Jack
and Bore Project in the amount of$206,754.90, which is the lowest responsible
bid in accordance with plans and specifications, and authorize the appropriate
officials to execute same. (consent)
8.6 Award a contract (purchase order) for the East Advanced Pollution Control
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Facility (APCF) Dewatering Pump Station Rehabilitation Project (10-0031-UT) to
RTD Construction, Inc., of Zephyrhills, FL, in the amount of$162,118.00, which
is the lowest responsible bid received in accordance with plans and
specifications, and authorize the appropriate officials to execute same. (consent)
8.7 Recommend Jason Gibertoni to serve on the Citizens Advisory Committee to the
Metropolitan Planning Organization (MPO). (consent)
See below.
Councilmember John Doran moved to approve the Consent Agenda as submitted, less
Items 8.3 and 8.7, and authorize the appropriate officials to execute same. The motion
was duly seconded and carried unanimously.
8.3 Approve a recommendation by the Public Art and Design Board for the
commission, design and layout of a public art gateway to be installed at the
intersection of U.S. Highway 19 and State Road 60 (Gulf to Bay Boulevard), as
designed by artist Steven Weitzman, for a total cost of$45,000. (consent)
The theme and scope of the project were determined with input from
representatives from the Public Art and Design Board, Florida Department of
Transportation (FDOT), and Parks and Recreation Department. The desired intent
for the project is to commission public artwork that serves as a gateway to the City
of Clearwater, identifying the intersection of U.S. Highway 19 and State Road 60
(Gulf to Bay Boulevard) as a major thoroughfare within the city.
The Public Art and Design Board appointed a five-member Selection Panel
compromised of individuals representing specified interests and expertise as
follows:
Alex Plisko (Chair), representative of the Public Art and Design Board
Elaine Illes, representative of the Florida Department of Transportation
Roberta Klar, architect and representative of the Clearwater Arts Alliance
Felicia Leonard, representative of the Parks and Recreation Department
Christopher Hubbard, representative of the Public Art and Design Program
A nationwide Call to Artists was issued and four finalists were invited to create a
site-specific proposal of artwork for the project. On April 21, 2011, the Selection
Panel met to review the site-specific proposals and selected the concept of artist
Steven Weitzman as the best fit to the theme and scope determined by the project
stakeholders.
On May 13, 2011, the Public Art and Design Board unanimously approved Mr.
Weitzman's proposal. The Board is recommending that the Council approve the
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proposal for the commission, design and layout of a public art gateway composed
of patterned Mechanically Stabilized Earth (MSE) walls and LED lighting
enhancements.
The City will fund Mr. Weitzman's proposal of$45,000 from the Public Art
Discretionary Fund (0325-93608).
FDOT will fund approximately $130,000 for the fabrication, construction, and
installation of the public art gateway as designed by Mr. Weitzman.
The Public Art and Design Program has worked in close cooperation with the
Florida Department of Transportation to design and implement this project.
Concerns were expressed regarding the paint color approved by FDOT. It was
suggested that staff request FDOT for another paint color in stock.
Councilmember John Doran moved to approve a recommendation by the Public Art and
Design Board for the commission, design and layout of a public art gateway to be
installed at the intersection of U.S. Highway 19 and State Road 60 (Gulf to Bay
Boulevard), as designed by artist Steven Weitzman, for a total cost of$45,000 and
request FDOT for a darker paint color in stock. The motion was duly seconded and
carried unanimously.
8.7 Recommend Jason Gibertoni to serve on the Citizens Advisory Committee to the
Metropolitan Planning Organization (MPO). (consent)
There is a vacancy on the Metropolitan Planning Organization's Citizens Advisory
Committee. The City Council provides a recommendation and the MPO makes
the official appointment. Mr. Gibertoni is willing to serve on the Committee.
The City Clerk said staff received an application from Robert Longenecker earlier today.
Copies of the application were provided to Council.
Councilmember Paul Gibson moved to appoint Robert Longenecker to serve on the
Citizens Advisory Committee to the Metropolitan Planning Organization (MPO). The
motion was duly seconded and carried unanimously.
City Council 2011-08-18 8
City Manager Reports
9. Other Items on City Manager Reports
9.1 Continue to September 1, 2011: Approve a purchase order to Glass Aggregate
Systems, the lowest responsible bidder, in the amount of$89,812.00 to
purchase a model H-200 glass crusher; award a contract (purchase order) to
Angle and Schmidt General Contractors (construction manager-at-risk) in the
amount of$68,750.00 to accomplish site work for the glass crusher slab at the
Solid Waste Complex; approve the use of approximately $41,438.00 for other
set-up charges associated with a glass recycling program, for a total of
approximately $200,000 in expenditures to be funded by the Recycling Fund's
Capital Improvement (project 96805) and authorize the appropriate officials to
execute the same.
Solid Waste/General Services wishes to re-introduce glass recycling within
Clearwater.
Staff anticipates collecting approximately 10 tons of glass per month, thus taking
over 520 tons of glass out of the waste stream annually at a savings of$19,500 in
disposal fees.
The crushed glass aggregate may then be marketed to outside vendors or
distributed to Public Services or Parks and Recreation for use in their operations.
Plans include self-service drop-off centers for residents to use.
Citizens have asked for the service and the department is now ready to deliver
this additional service.
Vice Mayor George N. Cretekos moved to continue Item 9.1 to September 1, 2011. The
motion was duly seconded and carried unanimously.
9.2 Approve an agreement with Pinellas County for metered parking in various
county-owned parking lots and authorize the appropriate officials to execute the
same.
The City has been under agreement with Pinellas County since the early 1970's
for the maintenance, operation and enforcement of several county-owned surface
parking lots surrounding the downtown courthouse campus and Sand Key Park.
Sand Key Park was added to the agreement in July 1984.
The County issued a request to cancel the Sand Key Park portion of the
agreement effective September 30, 2011.
City Council 2011-08-18 9
The County has determined it is more cost effective to take over the parking
operation, maintenance and enforcement functions internally in an effort to
generate additional revenue to help offset their budget deficit.
The new agreement will continue to provide coverage for five (5) downtown
surface lots.
All of the other terms and conditions of the agreement remain the same.
The average annual meter revenue generated from Sand Key over the last three
years is $500,000, of which the City share is 60% or $300,000.
The estimated Fiscal Year 2012 parking fund revenue projections include this loss
of revenue and there is not a significant adverse impact to the parking fund.
In response to questions, Parking Manager Tracey Bruch said the City did not add any
staffing positions when the downtown county parking lots were absorbed into the city
parking system. The only departmental concern is loss of revenue. Without the Sand
Key and downtown parking lots, the City will have 3,650 spaces. Ms. Bruch said the
loss of parking spaces would not create a need to reduce parking enforcement staff.
There are 4.0 FTEs (Full Time Equivalent) for citywide parking operations and 6.0 FTEs
for citywide parking enforcement.
Discussion ensued regarding the financial impact of eliminating the parking enforcement
of the Sand Key and downtown parking lots.
A concern was expressed regarding cancelling the agreement.
Councilmember John Doran moved to approve an agreement with Pinellas County for
metered parking in various county-owned parking lots, authorize the appropriate officials
to execute the same and directed the City Manager to provide Council with an analysis
of the costs incurred for parking enforcement and operations. The motion was duly
seconded. Mayor Frank Hibbard and Councilmembers John Doran, Paul Gibson and
Bill Jonson voted "Aye"; Vice Mayor George N. Cretekos voted "Nay".
Motion carried.
9.3 Amend Chapter 30, Traffic and Motor Vehicles, Code of Ordinances, to revise
the parking ticket dismissal program by eliminating the $10 dismissal fee and
pass Ordinance 8273-11 on first reading.
At the urging of the court, parking ordinance Sec. 30.060 (7) was approved in
City Council 2011-08-18 10
August 2010 to establish an internal parking ticket dismissal program in lieu of a
court appearance. The dismissal program provides a mechanism to dismiss
properly issued tickets for failure to display or properly display valid parking
permits, valid multi-space pay station receipts, handicap hangtags or any other
recognized permits.
On June 10, 2011, City Management placed the $10 fee in abeyance.
A review of the data for Failure to Display violations ($20 fine) from September 1,
2010 - May 1, 2011 suggests: 1.7% (or 6,240) of the total pay station receipts
issued (361,875) were cited by parking enforcement as in violation.
Of the 6,240 violations issued, 8% (or 530) of the tickets were disputed and
dismissals requested.
To date, 64% (or 339) of the $10 dismissal fees have been paid in full.
A review of the data for Handicap Permit violations ($255 fine) from September
1, 2010 - May 1, 2011 suggests:
519 Handicap violations for No Permit Displayed were issued.
49% (or 256) of the tickets were disputed and dismissals requested.
To date, 91% (or 233) of the $10 dismissal fees have been paid in full.
In total, 786 dismissals have been processed.
A review of the complaints concerning the $10 dismissal fee includes
accusations that the City is intentionally targeting visitors and knowingly
operating a scam/racket.
The total number of complaints received during this 8-month period via C-Tracs,
letters and phone calls is nine.
Elimination of this dismissal fee will have minimal impacts to the parking fund.
Vice Mayor George N. Cretekos moved to amend Chapter 30, Traffic and Motor
Vehicles, Code of Ordinances, to revise the parking ticket dismissal program by
eliminating the $10 dismissal fee. The motion was duly seconded and carried
unanimously.
City Council 2011-08-18 11
Ordinance 8273-11 was presented and read by title only. Councilmember Paul Gibson
moved to pass Ordinance 8273-11 on first reading. The motion was duly seconded and
upon roll call, the vote was:
'Ayes". Mayor Frank Hibbard, Vice Mayor George N. Cretekos, Councilmember
John Doran, Councilmember Paul Gibson, and Councilmember Bill
Jonson.
"Nays": None.
9.4 Approve the First Amendment to a Development Agreement between Nickel
Plate Properties, Inc. and Lakeside Enterprises, L.L.C. (the property owners) and
the City of Clearwater as per Community Development Code Section 4-606 and
adopt Resolution 11-15.
The 30.07-acre subject property is located on the west side of S. Belcher Road
between Gulf-to-Bay Boulevard and Druid Road.
The subject property is proposed to be redeveloped with two parcels. The
northern parcel (Parcel 1) comprises 11.637 acres, while the southern parcel
(Parcel 2) comprises 18.435 acres.
On March 18, 2010, the City Council approved a Development Agreement on the
subject property (DVA2009-00005). This Agreement allowed for a maximum of
90,000 square feet of retail sales and restaurant use floor area on Parcel 1 (FAR
of 0.178), and a maximum of 243 dwelling units on Parcel 2 (13.181 dwelling units
per acre).
With regard to Parcel 1, the First Amendment to the Development Agreement
proposes only to change the type of uses permitted. The original Development
Agreement was limited to retail and restaurant uses, whereas the proposed
Amendment would include retail sales and service, office, automobile service
station and restaurant.
With regard to Parcel 2, there are no changes between the original Development
Agreement and the proposed Amendment.
The proposed Amendment includes all conditions of DVA2009-00005 (including
the transportation obligations).
The proposed Amendment will amend the previously approved Development
Agreement as follows:
Reflects the new site plan for Parcel 1.
City Council 2011-08-18 12
Replaces the statement that 495 parking spaces have been provided on Parcel 1
with the statement that parking is being provided at specific ratios per use. It is
noted that each of these ratios is what is required by Code for each use.
Requires that the Transportation Obligations related to Parcel 1 be completed
prior to issuance of a certificated of occupancy for Parcel 1, and that the
Transportation Obligations related to Parcel 2 be completed prior to the issuance
of a certificate of occupancy for Parcel 2.
The Community Development Board (CDB) reviewed this Amendment at its public
hearing on July 19, 2011, and unanimously recommended approval (DVA2011-
04001).
Planning and Development Director Michael Delk said the FLD application recently
approved by the CDB is for 59,159 sq. ft., approximately 28% less floor area than the
originally approved development agreement, which was 82,999 square feet. An updated
traffic study was performed in April 2011 and found that with the transportation
improvements, the development would not degrade the operation of adjacent roadways
beyond acceptable or current levels of service.
In response to questions, Mr. Delk said the allowable square footage remains at 90,000.
The amendment provides for 409 parking spaces; the original development agreement
allowed for 495 parking spaces. Engineering Director Mike Quillen said the amendment
reduces the traffic impact from the originally approved development agreement.
One individual spoke in opposition and two individuals expressed concerns with traffic
congestion.
Mr. Delk said no commercial traffic will be pushed onto Druid Road. The site
improvements include an intersection that will match up with the drive of the Publix
across the street and allowing a right-turn in and out of Gulf to Bay Boulevard. The site
improvements will facilitate a better movement of traffic.
In response to questions, applicant representative Ed Armstrong said when the original
development agreement was approved in 2010 the applicant did not have commercial
users in hand, guessed what the commercial industry would respond to and proposed a
site plan allowed by code. The applicant knew an amendment, likely to downzone,
would be needed once a commercial user was in hand. Market studies show the
proposed site is a perfect location for a Wal Mart Neighborhood Grocery Store.
City Council 2011-08-18 13
Councilmember Bill Jonson moved to approve the First Amendment to a Development
Agreement between Nickel Plate Properties, Inc. and Lakeside Enterprises, L.L.C. (the
property owners) and the City of Clearwater as per Community Development Code
Section 4-606. The motion was duly seconded and carried unanimously.
Resolution 11-15 was presented and read by title only. Councilmember John Doran
moved to adopt Resolution 11-15. The motion was duly seconded and upon roll call, the
vote was:
'Ayes". Mayor Frank Hibbard, Vice Mayor George N. Cretekos, Councilmember
John Doran, Councilmember Paul Gibson, and Councilmember Bill
Jonson.
"Nays": None.
9.5 Amend sections of the Clearwater Code of Ordinances relating to regulation of
weapons, including firearms, and pass Ordinance 8275-11 on first reading.
The Florida Legislature recently adopted House Bill 45, amending Section 790.33,
Florida Statues, effective October 1, 2011, to strongly express the State's
preemption in Chapter 790, Florida Statutes, of the "whole field of regulation of
firearms and ammunition" to include the purchase, sale, transfer, taxation,
manufacture, ownership, possession, storage and transportation thereof.
The law makes "[a]ny person, county, agency, municipality, district, or other entity
that violates the Legislature's occupation of the whole field of regulation of
firearms and ammunition ... by enacting or causing to be enforced any local
ordinance ... impinging upon such exclusive occupation of the field" liable for
damages.
If the court determines that a violation of Section 790.33, Florida Statutes, was
knowing and willful, the court must assess a civil fine of up to $5000 against the
elected or appointed local governmental official or administrative agency head
under whose jurisdiction the violation occurred.
Moreover, public funds cannot be used to defend or reimburse any person found
to have knowingly and willfully violated the law; and a knowing and willful violation
by a person acting in an official capacity or otherwise under color of law who
enacts or enforces a local ordinance prohibited by Section 790.33, shall be cause
for termination of employment or contract or removal from office by the Governor.
Finally, any person or organization whose membership is adversely affected by
"any ordinance, regulation, measure, directive, rule, enactment, order, or policy
City Council 2011-08-18 14
promulgated or caused to be enforced in violation" of the law can file a lawsuit
seeking declaratory and injunctive relief and for actual damages up to $100,000,
including attorney's fees and costs.
Chapter 790, Florida Statutes, currently contains numerous sections regulating
the use and possession of firearms in public places. For example, Section 790.15
prohibits a person from knowingly discharging a firearm in any public place, on or
over the right-of-way of any paved public road, highway, or street, and over any
occupied premises; and Section 790.06 authorizes the issuance to individuals of
licenses to carry a concealed firearm in public except in those locations
enumerated in the statute, such as police stations, jails, courthouses, polling
places, meetings of governing bodies, schools, professional athletic events,
airport passenger terminals, and the portion of alcoholic beverage establishments
primarily devoted to the consumption of alcoholic beverages on the premises.
Additionally, the Florida Attorney General has opined in AGO 2005-40 that local
governments are preempted by Section 790.33, Florida Statutes, from imposing
regulations pertaining to the discharge of firearms because such activity is
regulated by Section 790.15, Florida Statutes.
Therefore, because the Clearwater Code of Ordinances contains numerous
sections that also regulate the discharge and possession of firearms, those
sections must be amended to avoid a conflict with Section 790.33, Florida
Statutes.
Vice Mayor George N. Cretekos moved to amend sections of the Clearwater Code of
Ordinances relating to regulation of weapons, including firearms. The motion was duly
seconded and carried unanimously.
Ordinance 8275-11 was presented and read by title only. Councilmember Paul Gibson
Councilmember moved to pass Ordinance 8275-11 on first reading. The motion was
duly seconded and upon roll call, the vote was:
'Ayes". Mayor Frank Hibbard, Vice Mayor George N. Cretekos, Councilmember
John Doran, Councilmember Paul Gibson, and Councilmember Bill
Jonson.
"Nays": None.
Miscellaneous Reports and Items
10. City Manager Verbal Reports
10.1 CMA Harborview Request
City Council 2011-08-18 15
Assistant City Manager Rod Irwin said the City received a request from the Clearwater
Marine Aquarium (CMA) detailing a proposal to occupy a portion of the Harborview
Center for a period up to thirty months. The CMA would be responsible for insurance,
maintenance and utilities on the property. The estimated capital expenditure to the City
to prepare the building for occupancy is $172,587. The CMA has proposed to pay a
$1/paid guest/month rent with a minimum of$5,753 per month (city's capital
expenditure/30). Mr. Irwin said the CMA would quarterly reconcile against actual ticket
sales and remit any balance that exceeds the monthly minimum base rent. Once the
actual capital expenditure is recovered by the City, CMA's rent will be reduced to $1.00
per month for the remainder of the term. If the CMA terminates the lease within the
thirty-month period, the CMA will reimburse the City 100% of the remaining balance of
the City's initial investment to prepare the facility for occupancy.
In response to a concern, the City Attorney said the City could terminate the lease for a
municipal need. Council could determine the time needed to terminate the agreement.
In response to questions, CMA Executive Vice President Frank Dame said the CMA
plans to open the Harborview exhibit to the public as soon as possible. Approximately
sixty days are needed to build the exhibit set. The ticket counter will be located at the
entryway on the east side of the building. The CMA does not intend to keep the
Harborview exhibit open beyond the aquarium's main hours of operation. Mr. Dame
said the exhibit operating hours could be adjusted if there is a conflict with city events at
Coachman Park. Assistant City Manager Jill Silverboard said staff is prepared to begin
building repairs as soon as the lease is in place.
There was consensus for staff to move forward with drafting a lease agreement.
One individual expressed a concern with the proposed lease and stated the Clearwater
Downtown Partnership is researching the potential expansion of Coachman Park into
the Harborview site.
11. Other Council Action
11.1 August 29, 2011 Work Session - Mayor Hibbard
Mayor Frank Hibbard said he met with the Business Task Force and thought it would be
more appropriate to present their final recommendation to Council at a work session,
with a condensed presentation at a council meeting. The Mayor requested that the
August 29, 2011 work session begin at 8:30 a.m. instead of 9:00 a.m.
There was consensus to begin the August 29, 2011 works session at 8:30 a.m.
City Council 2011-08-18 16
Staff was directed to provide Council with a copy of the Business Task Force Final
Report.
12. Closing Comments by Mayor
Mayor Frank Hibbard reviewed recent and upcoming events.
13. Adjourn
The meeting was adjourned at 8:11 p.m.
Mayor
Attest City of Clearwater
• City Clerk . \ OF rye" 1,
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