11/03/2011
CITY COUNCIL MEETING MINUTES
CITY OF CLEARWATER
November 3, 2011
Present: Mayor Frank Hibbard, Vice Mayor George N. Cretekos, Councilmember
Paul Gibson, and Councilmember Bill Jonson.
Also Present: William B. Horne II - City Manager, 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.
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 – Vice Mayor George N. Cretekos
3. Pledge of Allegiance – Mayor Frank Hibbard
4. Presentations
4.1 Suncoast Dixieland Jazz Classic Weekend Proclamation, November 18-20, 2011
- Joan Dragon, Director Suncoast Dixieland Jazz Festival
4.2 State of the City Address - City Manager
The City Manager provided a PowerPoint presentation and reviewed efforts to achieve
vision statement priorities.
5. Approval of Minutes
5.1 Approve the minutes of the October 20, 2011 City Council Meeting as submitted
in written summation by the City Clerk.
Councilmember Bill Jonson moved to approve the minutes of the October 20, 2011 City
Council Meeting as submitted in written summation by the City Clerk. The motion was
duly seconded and carried unanimously.
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6. Citizens to be Heard re Items Not on the Agenda
Debra McBride and Luke McBride opposed the Clearwater Police Department’s Cold
Steel Initiative.
MJ Reguski suggested the City install lockers on Clearwater Beach for visitors to store
personal items.
Public Hearings - Not before 6:00 PM
7. Second Readings - Public Hearing
7.1 Adopt Ordinance 8289-11 on second reading, annexing certain real property
whose post office address is 1310 Parkwood Street, together with the abutting
right of way of Parkwood Street, into the corporate limits of the city and
redefining the boundary lines of the city to include said addition.
Ordinance 8289-11 was presented and read by title only. Councilmember Paul Gibson
moved to adopt Ordinance 8289-11 on second and final reading. The motion was duly
seconded and upon roll call, the vote was:
"Ayes": Mayor Frank Hibbard, Vice Mayor George N. Cretekos, Councilmember
Paul Gibson, and Councilmember Bill Jonson.
"Nays": None.
7.2 Adopt Ordinance 8290-11 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 1310 Parkwood Street,
together with the abutting right of way of Parkwood Street, upon annexation into
the City of Clearwater, as Residential Low (RL).
Ordinance 8290-11 was presented and read by title only. Councilmember Bill Jonson
moved to adopt Ordinance 8290-11 on second and final reading. The motion was duly
seconded and upon roll call, the vote was:
"Ayes": Mayor Frank Hibbard, Vice Mayor George N. Cretekos, Councilmember
Paul Gibson, and Councilmember Bill Jonson.
"Nays": None.
7.3 Adopt Ordinance 8291-11 on second reading, amending the Zoning Atlas of the
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city by zoning certain real property whose post office address is 1310 Parkwood
Street, together with the abutting right of way of Parkwood Street, upon
annexation into the City of Clearwater, as Low Medium Density Residential
(LMDR).
Ordinance 8291-11 was presented and read by title only. Vice Mayor George N.
Cretekos moved to adopt Ordinance 8291-11 on second and final reading. The motion
was duly seconded and upon roll call, the vote was:
"Ayes": Mayor Frank Hibbard, Vice Mayor George N. Cretekos, Councilmember
Paul Gibson, and Councilmember Bill Jonson.
"Nays": None.
7.4 Adopt Ordinance 8293-11 on second reading, amending Chapter 22, Parks,
Beaches, Recreation, Article II, Use Regulations, Section 22.24(2), changing the
name of Chautauqua Park North to Enterprise Dog Park, modifying park hours
for various parks or portions thereof and removing certain parks.
Ordinance 8293-11 was presented and read by title only. Councilmember Paul Gibson
moved to adopt Ordinance 8293-11 on second and final reading. The motion was duly
seconded and upon roll call, the vote was:
"Ayes": Mayor Frank Hibbard, Vice Mayor George N. Cretekos, Councilmember
Paul Gibson, and Councilmember Bill Jonson.
"Nays": None.
8. Consent Agenda
8.1 Authorize settlement of the workers compensation claims of Claimant Jesse
Cross, File 1000005, in their entirety to include medical, indemnity and attorney
fees for a sum not to exceed $45,081.46. (consent)
8.2 Ratify and Confirm Change Order 2 to Wise Gas, Inc. in the amount of
$49,429.47 and extend the contact duration by 45 days for the Compressed
Natural Gas (CNG) Filling Station Project (10-0043-GA).(consent)
8.3 Award a Contract to Central Florida Contractors of Largo, Fl, for the 2011
Sidewalk Project (11-0012-EN) in the amount of $568,337.00, which is the
lowest responsible bid received in accordance with plans and specifications, and
authorize the appropriate officials to execute same. (consent)
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8.4 Approve Supplemental Work Order 2 to Sam Schwartz Engineering, in the
amount of $59,932.93, for design of a storm water pond and the associated
storm water management system to attenuate the storm water improvements on
Otten Street from Kings Highway east to Weston Drive. (consent)
Vice Mayor George N. Cretekos moved to approve the Consent Agenda as submitted
and authorize the appropriate officials to execute same. The motion was duly seconded
and carried unanimously.
City Manager Reports
9. Other Items on City Manager Reports
9.1 Support the Tampa Bay Partnership Regional Business Plan Initiative and adopt
Resolution 11-25.
The Tampa Bay Partnership has adopted a Regional Business Plan, which
provides a long-term vision for economic growth and development around four
high potential industry clusters and a series of foundational regional marketing
and development initiatives. The Plan is coordinated with the Economic
Development Strategic Plan effort recently completed by the City.
In order to fully implement the Regional Business Plan, the Partnership will be
seeking private industry, foundation and grants-in aids financial resources. A
strong indication of support for the Regional Business Plan effort by investors and
members of the Partnership is critical to these fundraising efforts and to build
momentum for the overall Plan implementation. In that regard, the Partnership
has requested a resolution of support from the City Council.
Staff recommends adoption of the resolution of support requested by the Tampa
Bay Partnership for the following reasons:
1) The Regional Business Plan and target industry strategy informs, supports
and is facilitative of the City's Economic Development Strategic Plan effort;
2) The Partnership's effort will provide analytics and information for the City's
effort that will avoid the cost and time required for the City to develop the
information independently;
3) Several region-wide, cost sharing business retention and expansion efforts
will allow the City to access business intelligence and contact management
capabilities not otherwise affordable to the City.
4) The regional marketing and re-branding activities planned by the Partnership
will have derivative benefits for the City's own economic development marketing
efforts.
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Resolution 11-25 was presented and read by title only. Councilmember Bill Jonson
moved to adopt Resolution 11-25. The motion was duly seconded and upon roll call, the
vote was:
"Ayes": Mayor Frank Hibbard, Vice Mayor George N. Cretekos, Councilmember
Paul Gibson, and Councilmember Bill Jonson.
"Nays": None.
9.2 Designate an underwriting team consisting of Wells Fargo Securities, Bank of
America, Merrill Lynch, and RBC Capital Markets to provide investment banking
services to manage future negotiated bond sales for the City of Clearwater for a
three year period ending October 31, 2014, with the option for two additional
one-year extensions, and adopt Resolution 11-23.
In order to efficiently conduct future long-term bond financing transactions, staff
seeks Council approval for an underwriting team of investment banking firms to
manage future negotiated bond sales.
The team will consist of three firms selected through an RFQ process, and will
serve for a three-year period with two one-year optional extensions. The City's
Finance Director will designate the Senior-underwriter and Co-managers for each
transaction.
The City issued RFQ 31-11 to select a team of investment banking firms to
underwrite future bond sales and received a total of sixteen (16) responses for
consideration. The list of respondents is included in Exhibit A.
The selection committee has evaluated the responses and recommends the
Council approve a three-firm team consisting of Wells Fargo Securities, Bank of
America Merrill Lynch, and RBC Capital.
Vice Mayor George N. Cretekos moved to designate an underwriting team consisting of
Wells Fargo Securities, Bank of America, Merrill Lynch, and RBC Capital Markets to
provide investment banking services to manage future negotiated bond sales for the
City of Clearwater for a three year period ending October 31, 2014, with the option for
two additional one-year extensions. The motion was duly seconded and carried
unanimously.
Resolution 11-23 was presented and read by title only. Councilmember Paul Gibson
moved to adopt Resolution 11-23. The motion was duly seconded and upon roll call, the
vote was:
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"Ayes": Mayor Frank Hibbard, Vice Mayor George N. Cretekos, Councilmember
Paul Gibson, and Councilmember Bill Jonson.
"Nays": None.
9.3 Authorize the negotiated sale of not to exceed $22,000,000 Stormwater
Revenue Refunding Bonds, Series 2011, and authorize staff to proceed with the
potential refunding and adopt Resolution 11-20.
Currently there is outstanding $20,295,000 of City of Clearwater, FL, Stormwater
System Revenue Bonds, Series 2002, with interest rates ranging from 3.625 to
4.950% callable on or after November 1, 2011. Recent bond market conditions
suggest we may have an opportunity to refinance all or a portion of these bonds in
the near future to achieve an acceptable present value savings in accordance with
the City's debt management policy.
The City's debt management policy states, "As a general rule, the present value
savings of a particular refunding should exceed 5%". While staff is hopeful for
favorable market rates that provide present value savings approaching or
exceeding 5%, this sale resolution authorizes a minimum net present value
savings of 4%.
This resolution authorizes the negotiated sale of not to exceed $22,000,000 of
Stormwater System Revenue Refunding Bonds, Series 2011, and authorizes
awarding the sale to Wells Fargo Bank and the co-managers selected by the City.
Only the amount of bonds needed to refund all or a portion of the then outstanding
balance of the City's Stormwater System Revenue Bonds, Series 2002, and
associated issuance costs, will be issued.
The City may incur rating agency costs of an estimated $50,000 to $70,000, in
anticipation of a refunding. If the minimum refunding savings do not materialize on
a timely basis, after initiating the ratings review process, the City will still be
responsible for the rating agency fees incurred. The City will be responsible for no
other costs (i.e. Financial Advisor, Bond Counsel, Disclosure Counsel) unless a
refunding occurs.
Councilmember Bill Jonson moved to authorize the negotiated sale of not to exceed
$22,000,000 Stormwater Revenue Refunding Bonds, Series 2011, and authorize staff to
proceed with the potential refunding. The motion was duly seconded and carried
unanimously.
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Resolution 11-20 was presented and read by title only. Vice Mayor George N. Cretekos
moved to adopt Resolution 11-20. The motion was duly seconded and upon roll call, the
vote was:
"Ayes": Mayor Frank Hibbard, Vice Mayor George N. Cretekos, Councilmember
Paul Gibson, and Councilmember Bill Jonson.
"Nays": None.
9.4 Authorize the City of Clearwater to take over the maintenance of signage for
Dunedin Pass and Mandalay Channel Aids To Navigation, formerly a Coast
Guard duty, at an estimated cost of $700 per year, and adopt Resolution 11-22.
The Dunedin Pass and Mandalay Channel has shoaled in and the Coast Guard is
no longer able to safely navigate the channel to maintain the seventeen aids to
navigation. The county declined taking on the task due to lack of equipment and
manpower. The area is within the City jurisdiction.
If the city does not assume responsibility, the Coast Guard will pull the pilings with
signage resulting in many vessels going aground. Their removal will affect
Clearwater residents of north beach and Island Estates, those launching from the
Beach Recreation Center, those using the Beach Recreation Center day docks
and the day docks at the Island Way Grill.
The channel markers were "rebuilt" a year ago with pilings that cost approximately
$300 each and will last on average fifteen years. The combined signs and pilings
will need ongoing replacement due to fading, damage due to storms, or being hit
by boaters. The estimated cost for the tug and crew, pilings and signs is
approximately $700 per year depending on labor, cost of fuel and materials.
The Marine and Aviation Department has no income stream to offset the cost of
maintaining the Dunedin Pass and Mandalay Channel and requests that the
general fund provide the necessary funding.
Funding will be provided from the non-departmental program in the General Fund.
In response to questions, Marine and Aviation Director Bill Morris said it would take
approximately one year to complete the process to obtain a maintenance dredge permit.
In today’s economy, it may not be cost effective to purchase a dredge; a competitive bid
process would provide comparable costs.
It was suggested that staff consider obtaining a maintenance dredge permit for 2012.
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Councilmember Paul Gibson moved to authorize the City of Clearwater to take over the
maintenance of signage for Dunedin Pass and Mandalay Channel Aids To Navigation,
formerly a Coast Guard duty, at an estimated cost of $700 per year. The motion was
duly seconded and carried unanimously.
Resolution 11-22 was presented and read by title only. Councilmember Bill Jonson
moved to adopt Resolution 11-22. The motion was duly seconded and upon roll call,
the vote was:
"Ayes": Mayor Frank Hibbard, Vice Mayor George N. Cretekos, Councilmember
Paul Gibson, and Councilmember Bill Jonson.
"Nays": None.
9.5 Approve referendum questions to appear on the ballot on January 31, 2012,
regarding changes to the City Charter and pass Ordinances 8296-11, 8297-11,
and 8298-11 on first reading.
The Charter Review Committee is appointed by the City Council every five years
to review the City Charter and recommend changes thereto. This year's Charter
Review Committee recommends the following changes:
Ordinance 8296-11 would require the Charter Review Committee to meet every
six years instead of the current every five years;
Ordinance 8297-11 would increase the number of consecutive terms a
councilmember can serve from two to three;
Ordinance 8298-11 would require that a notice of the availability of the annual City
audit be published.
Upon being adopted, each of these ordinances would be presented as a ballot
question on the January 31, 2012 ballot for referendum vote by the citizens of the
City of Clearwater. Each ordinance would become effective only upon being
approved at referendum.
Vice Mayor George N. Cretekos moved to approve referendum questions to appear on
the ballot on January 31, 2012, regarding changes to the City Charter. The motion was
duly seconded and carried unanimously.
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Ordinance 8296-11 was presented and read by title only. Councilmember Paul Gibson
moved to pass Ordinance 8296-11 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
Paul Gibson, and Councilmember Bill Jonson.
"Nays": None.
Ordinance 8297-11 was presented and read by title only. Councilmember Bill Jonson
moved to pass Ordinance 8297-11 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
Paul Gibson, and Councilmember Bill Jonson.
"Nays": None.
Ordinance 8298-11 was presented and read by title only. Vice Mayor George N.
Cretekos moved to pass Ordinance 8298-11 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
Paul Gibson, and Councilmember Bill Jonson.
"Nays": None.
9.6 Amend Section 2.263(1), Clearwater Code of Ordinances, to provide that the
salaries of the Mayor and Councilmembers will not increase in 2012 and pass
Ordinance 8299-11 on first reading.
Pursuant to Section 2.263(1), Code of Ordinances, the salaries of the Mayor and
Councilmembers automatically increase by the annual social security cost of living
adjustment or 2%, whichever is higher. The Mayor and Councilmembers have
determined that they will not accept an increase in salary this year due to financial
constraints. This ordinance amends Section 2.263(1) to provide that the Mayor
and Councilmembers' salaries will not increase in 2012.
Councilmember Paul Gibson moved to amend Section 2.263(1), Clearwater Code of
Ordinances, to provide that the salaries of the Mayor and Councilmembers will not
increase in 2012. The motion was duly seconded and carried unanimously.
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Ordinance 8299-11 was presented and read by title only. Councilmember Bill Jonson
moved to pass Ordinance 8299-11 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
Paul Gibson, and Councilmember Bill Jonson.
"Nays": None.
9.7 Provide direction to staff regarding proposed recommendations of the Business
Task Force.
At the September 28, 2011 special meeting, City Council directed staff and the
Business Task Force Executive Committee to meet and discuss the Task Force
recommendations and determine areas of agreement and disagreement. Staff and the
Executive Committee met on October 13th and 20th and discussed all of the proposed
recommendations. Much time was spent on items needing further clarification and those
where staff offered alternative solutions. Staff and the Executive Committee are in
substantial agreement with the proposed recommendations and/or alternative
recommendations. The most noteworthy ones agreed upon are as follows.
Changes to site plan application requirements outlined in Opportunity #2. The
Executive Committee agrees with staff alternative which would:
Require a tree inventory and grading plan only when development will
o
impact trees;
Require drainage calculations, pond size and location and narrative
o
describing stormwater control plan;
Require a parking demand study only when the requested parking
o
flexibility exceeds a certain threshold; and
Require a traffic impact study based on the current city policy.
o
Code amendments addressing changes of use, nonconforming site conditions
and pavement. Staff and the Executive Committee agree that code revisions will
be developed to allow a significant number of these issues to be reviewed and
approved at the staff level instead of at a public hearing which requires a greater
amount of time for the developer but does not necessarily result in a different
outcome.
The Executive Committee agrees that current staff levels could not support two
DRC meetings a month.
No changes to accessory hotel provisions or Beach by Design will be proposed.
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Two areas have been identified for additional research/information. One is to get a legal
opinion on the application of Florida Statutes allowing private plan review as there is a
disagreement with staff's interpretation of the provision. The other one is to get input
from the City's outside legal counsel on the issue of signage on umbrellas. The
Committee and Chamber representatives indicated that additional research and thought
should be given to electronic changeable message signs but at this time they are not
proposing council allow them. However, there was some discussion about the possibility
of grandfathering existing signs with electronic message boards and to such to change
at a much more frequent rate e.g. every 15 seconds instead of every 6 hours.
The one recommendation that staff and the Executive Committee do not agree on is the
allowance of sandwich board signs throughout the city. Staff supports their use only
along the City's traditional urban corridors.
Opportunity 1
Item 1: Adopt a culture of being “customer centric.”
Business Task Force Executive Committee Chair Brian Aungst, Jr. said the Committee
believed the Community Development Code is too complicated and lends itself to
multiple interpretations on the same issues. A comprehensive review and revision of
the Code is needed in order for the City to change the perception of being business
unfriendly.
Planning and Development Director Michael Delk said the Community Development
Code is a performance oriented development code and designed to address a
redevelopment community. In response to the Task Force’s recommendations, staff is
trying to simplify the process without changing the fundamental structure of the Code.
Mr. Delk said the Code has been implemented for a decade and should be reevaluated
to ensure the processes and implementations are customer service friendly.
Staff was directed to provide information regarding the cost to rewrite the Code in 1999.
Item 9: Reconfigure permitting and planning service areas to create a one-stop service
center that will provide access to all departments involved in permit review.
Mr. Aungst said the development service center concept is a long-term goal and
requires Council’s support. He requested that planning begin in the near future.
Mr. Delk said staff is in the beginning planning stages and discussing the concept
components.
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In response to a question, Mr. Delk said the trend to a modern development service
center includes providing the customer service center on the first floor, which is the
easiest location for customers to access. Assistant City Manager Jill Silverboard said
the first floor of the Municipal Services Building is preferred but that would not preclude
another consideration, such as the second floor.
Opportunity 2
Item 2: Eliminate Tree Inventory from initial application.
AND
Item 5: Eliminate Grading Plan from initial application.
Business Task Force Executive Committee member Robert Pergolizzi said the
Committee met with staff. Staff has agreed to provide flexibility as to when the
inventory is required. Tree inventories will be looked at on a case-by-case basis; if
trees will be impacted, a tree inventory will be required as part of the initial application
process. Staff has agreed to require a grading plan when needed for tree preservation
purposes.
Item 3: Eliminate Storm Water Design Plan from initial application process.
Mr. Pergolizzi said staff has agreed that onsite and offsite stormwater management
facilities and a narrative describing the proposed stormwater control plan will be
required in the initial application process. The full drainage design will be required after
Community Development Board approval and will be required for site permit submittals.
Item 12: Encourage the use of private plan reviews as is permitted by state law. The
City should offer a 50% discount on the plan review fee to encourage developers to use
private plan review services.
Mr. Aungst requested that staff conduct additional research regarding the extent Florida
Statutes allow for private plan review. Mr. Aungst said the private plan review would still
require city approval. A discount should be given to an applicant who chooses the
private plan review option since city staff and resources will not be impacted.
The City Attorney said staff is researching the matter.
In response to a question, Mr. Aungst said the Committee is seeking a standardized
percentage discount; representing the work undertaken by the planner, which would be
the same amount on each project.
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In response to a concern regarding the use of private inspectors when private plan
reviews are used, Mr. Delk said he was not aware of the requirement but would confirm
with the city’s Building Official.
Item 18: Accessory use for overnight accommodations for mid-priced hotels (not
destination resorts): Allow 20% of gross floor area as accessory use before additional
parking is required or amend definition of accessory use to exclude required floor area
pursuant to hotel franchise agreements such as gift shops, business centers, fitness
centers supporting restaurants and meeting space.
Mr. Aungst said the accessory use, as defined by Code, does not provide enough
latitude, especially for mid-sized hotels that are required by the hotel flag. The
amenities are counted against the 10% allowed by the city; amenities above the 10%
are not permitted unless additional parking is provided. Amenities such as a fitness
center or a convenience store will not impact parking because only those individuals
staying at the facility will use the amenity. Mr. Aungst said the Committee is requesting
that exemptions be given to incidentals that do not impact parking or increase the
accessory use to 20%.
Mr. Delk said staff is unaware that the accessory use provision was problematic. Staff
researched accessory space at various mid-sized flag hotels; all fell within 10%, and
staff adopted the provision. Planning and Development Assistant Director Gina Clayton
said staff also compared findings with hotels approved on the Beach.
Discussion ensued with concerns expressed regarding allowing accessory uses
intended to bring in patrons from other places. Staff was directed to draft language that
amends Beach by Design by increasing accessory use to 15%, from Bay Esplanade to
Sand Key Bridge.
The Council recessed from 8:25 p.m. to 8:33 p.m.
Item 20: Create an ombudsman in the Planning and Development Department to assist
businesses and citizens in successfully navigating the process similar to the
ombudsman recently created by the City of Largo.
Mr. Aungst said the recommendation was intended to create a position that would be
able to address economic development questions and explain what is permissible by
code in Clearwater.
Opportunity 3
Item 2: Eliminate pavement as Structure requiring Level 2 approval.
Mr. Aungst said staff has agreed to revise current provisions to be consistent with
landscape buffer requirements.
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Item 3: Eliminate the automatic loss of a vacant property’s use after a period of 6
months and allow for Level 1 approval for the vacant property so long as any new
proposed use is a permitted use.
AND
Item 4: When a tenant of a multi-tenant property requires a Level 2 approval, do not
require that the entire multi-tenant property be brought through the development review
process as a result of the tenant.
Mr. Aungst said the items address a change of use and the process one must go
through to bring vacant properties up to code. Staff has agreed to create a process
that would result in a significant number of these situations being dealt with the building
permit stage or through a Level 1 approval.
Discussion ensued regarding the Post Corner Restaurant’s request to add 154 sq. ft to
its existing outdoor patio. In response to concern, staff was directed to confirm if the
application was incomplete and if all information was disclosed during the application
process.
Item 6: The City should create density reserve for affordable housing.
In response to a question, Planning and Development Assistant Director Gina Clayton
said staff is working on an ordinance to implement a density bonus policy in the
Community Development Code.
Mr. Delk said staff expects to present the initial code changes to Council beginning of
next year and will continue to work with the Business Task Force Executive Committee
regarding the long-term issues.
Miscellaneous Reports and Items
10. City Manager Verbal Reports
10.1 Outdoor Display
The City Manager said the following report is a result of staff’s meeting with the owners
of Surfstyle regarding staff’s interpretation of outdoor display.
Planning and Development Director Michael Delk said the City started issuing Notices
of Violation when merchandise was placed outside of the business location. Efforts
have been taken to achieve voluntary compliance to no avail; eight Notices to Appear to
Council 2011-11-03 14
Circuit Court have been issued. Mr. Delk said code allows for outdoor displays within
the enclosed building or in a confined/defined space underneath the roof. The Surfstyle
location does not have sidewalls and the outdoor display is inconsistent with the
administrative interpretation of the code. The property owner may appeal the
administrative interpretation of the code to the Community Development Board. Mr.
Delk said staff works closely with the Beach business owners to maintain a balance
between the business needs and code requirements.
Surfstyle representative Alex Plisko said outdoor displays are found all over Clearwater
Beach and requested the definition of Outdoor Displays be rewritten. The merchandise
displayed at the Barefoot Beach House and Pier 60 locations are not within an enclosed
structure. Mr. Plisko said the code should allow some flexibility for outdoor display; the
code currently does not allow outdoor storage.
In response to a question, the City Attorney said if the Community Development Board
ruled in favor of the property owner, staff may appeal with Council permission. If the
administrative interpretation was overturned by the Community Development Board, the
decision would be limited to that situation and could raise more appeals.
Discussion ensued with concerns expressed regarding the proliferation of outdoor
displays on the beach if allowed.
Staff was directed to agenda discussion at a future meeting.
11. Other Council Action
11.1 Homeless Leadership Network
Councilmember Bill Jonson requested council recommendations regarding the
proposed interlocal agreement being considered at tomorrow’s meeting. Changes
include revising board membership and renaming the entity to Homeless Leadership
Board.
It was suggested that more direction be given to Pinellas County in taking the lead role
in addressing homelessness issue.
12. Closing Comments by Mayor
Mayor Frank Hibbard reviewed recent and upcoming events.
13. Adjourn
The meeting was adjourned at 10:07 p.m.
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Council 2011-11-03 16