12/01/2011
CITY COUNCIL MEETING MINUTES
CITY OF CLEARWATER
December 1, 2011
Present: Mayor Frank Hibbard, Vice Mayor George N. Cretekos, Councilmember
John Doran, 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 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 6:01 p.m. at City Hall.
2. Invocation – Pastor Bob Brubaker from Pathways Community Church
3. Pledge of Allegiance – Mayor Frank Hibbard
4. Presentations – Given.
4.1 Annual Utilities We Care Fund Appeal - Jim Geary, Customer Svc.
Residents were encouraged to donate to the fund, which is used to assist paying utility
bills for people experiencing temporary financial difficulties.
4.2 Clearwater Little League Presentation - Sean Cordner-James, Executive V.P.
Mr. Cordner thanked the City for its continued support and presented Council plaques.
5. Approval of Minutes
5.1 Approve the minutes of the November 15, 2011 City Council Meeting as
submitted in written summation by the City Clerk.
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Councilmember John Doran moved to approve the minutes of the November 15, 2011
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 – None.
Public Hearings - Not before 6:00 PM
7. Second Readings - Public Hearing
7.1 Adopt Ordinance 8283-11 on second reading, amending the Zoning Atlas of the
city by rezoning certain real property whose post office address is 1911 North
Old Coachman Road from Low Medium Density Residential (LMDR) to
Commercial (C).
Ordinance 8283-11 was presented and read by title only. Councilmember Paul Gibson
moved to adopt Ordinance 8283-11 on second reading 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
John Doran, Councilmember Paul Gibson, and Councilmember Bill
Jonson.
"Nays": None.
7.2 Adopt Ordinance 8296-11 on second reading, submitting to the city electors
proposed amendments to the City Charter amending Section 7.02, General
Provisions, to require the Council to appoint a Charter Review Advisory
Committee every six years.
Ordinance 8296-11 was presented and read by title only. Councilmember Bill Jonson
moved to adopt Ordinance 8296-11 on second reading 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
John Doran, Councilmember Paul Gibson, and Councilmember Bill
Jonson.
"Nays": None.
7.3 Adopt Ordinance 8297-11 on second reading, extending the number of
consecutive terms the Mayor and Councilmembers can serve from two to three.
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Ordinance 8297-11 was presented and read by title only. Councilmember John Doran
moved to adopt Ordinance 8297-11 on second reading 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
John Doran, Councilmember Paul Gibson, and Councilmember Bill
Jonson.
"Nays": None
7.4 Adopt Ordinance 8298-11 on second reading, amending Section 2.01(c)3. of the
City Charter to require publication of a notice of the availability of the annual city
audit.
Ordinance 8298-11 was presented and read by title only. Vice Mayor George N.
Cretekos moved to adopt Ordinance 8298-11 on second reading 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
John Doran, Councilmember Paul Gibson, and Councilmember Bill
Jonson.
"Nays": None.
7.5 Adopt Ordinance 8300-11 on second reading, vacating that certain dedicated 15-
foot wide alley in Block 1 of the Wallace Addition to Clearwater, Florida, as
shown on the map or plat thereof, as recorded in Plat Book 3, Page 6, of the
public records of Hillsborough County, Florida, of which Pinellas County was
formerly a part, less the North 30 feet thereof for street purposes. (VAC2011-03)
Ordinance 8300-11 was presented and read by title only. Councilmember Paul Gibson
moved to adopt Ordinance 8300-11 on second reading 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
John Doran, Councilmember Paul Gibson, and Councilmember Bill
Jonson.
"Nays": None.
7.6 Adopt Ordinance 8301-11 on second reading, vacating all of the Right-of-Way
abutting the South lot line of Lot 12, Block 1,and the North lot line of Lot 12,
Block 2, both properties described in the plat Moase and Harrison located in
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Hillsborough Plat Book 2, Page 85, of the public records of Pinellas County,
Florida. (VAC2011-04)
Ordinance 8301-11 was presented and read by title only. Councilmember Bill Jonson
moved to adopt Ordinance 8301-11 on second reading 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
John Doran, Councilmember Paul Gibson, and Councilmember Bill
Jonson.
"Nays": None.
City Manager Reports
8. Consent Agenda
8.1 Approve legal services agreements between Banker, Lopez, Gassler, P.A. and
the City of Clearwater, and Pallo, Marks, Hernandez, Gechijian and DeMay, P.A.
and the City of Clearwater for legal services relating to Workers Compensation
claims; authorize payments to said firms in the amount not to exceed $285,000
for the period of January 1, 2012 through December 21, 2015; and authorize the
appropriate officials to execute same. (consent)
8.2 Authorize a three-year contract between the City and Montgomery Retirement
Plan Advisors for the provision of advisor/consultant services to the City 457
Deferred Compensation Plans and the City 401a Money Purchase Pension plan
at a cost of $32,000 per year and authorize the appropriate officials to execute
same. (consent)
8.3 Award a Contract (Purchase Order) for $162,000.00 to Tampa Truck Center of
Tampa, FL for one Freightliner CNG Chassis; remove, install and refurbish the
existing Propane Tank in accordance with Sec. 2.564(1)(d), Code of Ordinances
- Other governmental bid; authorize lease purchase of $128,090.00 under the
City’s Master Lease Purchase Agreement and authorize the appropriate officials
to execute same. (consent)
8.4 Award a Contract (Purchase Order) for $369,154.00 to Kenworth of Central
Florida of Orlando, FL for two Kenworth T800/T440 CNG Trucks with Palfinger
M100L72 Grapple Loader and 28 yd. Trash Body in accordance with Sec.
2.564(1)(d), Code of Ordinances - Other governmental bid, authorize lease
purchase under the City’s Master Lease Purchase Agreement and authorize the
appropriate officials to execute same. (consent)
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8.5 Award a contract (Purchase Order) for $507,342.00 to Container Systems and
Equipment Co. Inc. of Daytona Beach, FL for two Crane Carrier CNG Low Entry
Cab Chassis with 25 Cubic Yard Loadmaster Excel Rear Loader Body, in
accordance with Sec. 2.564(1)(d), Code of Ordinances - Other governmental bid,
authorize lease purchase under the City’s Master Lease Purchase Agreement
and authorize the appropriate officials to execute same. (consent)
8.6 Award a contract renewal (blanket purchase order) to Pinellas County Solid
Waste in the amount of $180,000 for the disposal of solid waste at the Pinellas
County waste to energy plant/landfill for the period January 1, 2012 through
December 31, 2012, as provided in the City’s Code of Ordinances, Section 2.564
(1) (d), Services provided by Other Governmental Entities, and authorize the
appropriate officials to execute the same. (consent)
8.7 Award a Contract (purchase order) to R.E. Purcell Construction of Largo, Florida
for the 2011 Street Resurfacing Project (11-0024-EN) in the amount of
$1,386,029.62, which is the lowest responsible bid received in accordance with
the plans and specification and authorize the appropriate officials to execute
same. (consent)
8.8 Ratify and confirm emergency repair in the amount of $206,551.50, completed
by Keystone Excavators, for the concrete stormwater conveyance channel just
south of Sharkey Road. (consent)
8.9 Reappoint Linda S. Damsky to the Sister Cities Advisory Board with term to
expire December 31, 2015. (consent)
8.10 Appoint Councilmember Paul Gibson to serve on the Pinellas Planning Council
on February 15, 2012.
8.11 Reschedule January 9, 2012 Work Session to 8:30 a.m.
8.12 Reschedule June 4, 2012 Work Session to 1:00 p.m.
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.
9. Other Items on City Manager Reports
9.1 Approve the Fourth Amendment to Sports Facility Use Agreement between the
City of Clearwater (City) and Phillies Florida LLC (Phillies); a Project Agreement
between the City and Phillies to make certain improvements at Carpenter
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Complex and Bright House Field (Project) in accordance to the Carpenter
Complex Use Agreement and the Bright House Field Use Agreement; approve
funding the project for $2,900,000 from un-appropriated retained earnings; and
authorize the appropriate officials to execute same.
The four field Carpenter Complex was originally developed in partnership with the
Philadelphia Phillies over 45 years ago to be the main spring training facility for
the Phillies. Since that time, Bright House Field was constructed and other major
league improvements were made to the clubhouse and ballfields at Carpenter.
Staff for both the Phillies and City has identified several existing facilities, or lack
thereof, that need to be replaced or constructed to meet the standards needed for
a professional sports franchise. Major elements of this project will include the
following:
Carpenter Complex:
1. Construction of a new 20,710 square foot training building that will include six
batting tunnels; 4,831 square foot weight training and cardio room; training room;
storage space; office space; locker space; restroom facilities; laundry/janitor room
and staging/video room. (site plan of new building attached)
2. Renovation of the existing 3,420 square foot building north of the clubhouse to
house two additional indoor batting tunnels
3. Construction of a covered walkway connecting the Southeast side of the
clubhouse to the new training building.
4. Relocation of existing amenities (fencing, warning tracks, sidewalks etc.) to
gain access to the new weight training/cardio building.
5. Removal of existing open air hitting cages on the north side of the entrance
driveway and replace with new sod and landscaping.
Bright House Field:
1. Construction of one or two batting tunnels under the stadium to be accessed
from the home dugout by installation of a walkway and new door.
The City will fund the project up to a maximum of $2,900,000. Architects and
engineering fees are to be included as part of the project. Funding for the project
will come from un-appropriated retained earnings and will be transferred into the
project at first quarter.
The Phillies will manage the project and be responsible for any project cost
overrun above the City's $2,900,000 contribution.
In addition as part of the Fourth Amendment, the Phillies will pay the City
additional use fees from Spring Training games occurring from 2012 through 2023
equal to ($.60) times the number of paid admissions to each Phillies Major
League Spring Training home game played at Bright House Field against another
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Major League team. Past attendance records indicate that the City will be
reimbursed between $72,623 and $77,792 per year. The project construction
commences May 2012 to be ready for spring 2013. There will be no increase in
City operating budgets and staffing levels because the Phillies will handle all
maintenance of these new facilities.
A first quarter budget amendment will establish project 315-93628, Carpenter
Complex/Bright House Field Improvements in the amount of $2.9 million from
General Fund un-appropriated retained earnings. With the approval of this agenda
item, General Fund reserves will be approximately $15.1 million, representing
13.8% of the current adopted budget, with reserves of 5.8 million over the current
reserve policy.
In response to questions, Parks and Recreation Director Kevin Dunbar said the Phillies
organization have a year-round presence in Clearwater and provide an $8 million
economic impact to the area during Spring Training. The batting cages will be located
underneath the concourse, behind the third base dugout. Assistant City Manager Jill
Silverboard said the use of Penny for Pinellas funds was not recommended because
the funds have been allocated to defined projects and the required public hearings
would have elongated the time frame. The City is working with the Phillies to coordinate
these projects within a short time frame.
One individual spoke in opposition.
Councilmember John Doran moved to approve the Fourth Amendment to Sports Facility
Use Agreement between the City of Clearwater (City) and Phillies Florida LLC (Phillies);
a Project Agreement between the City and Phillies to make certain improvements at
Carpenter Complex and Bright House Field (Project) in accordance to the Carpenter
Complex Use Agreement and the Bright House Field Use Agreement; approve funding
the project for $2,900,000 from un-appropriated retained earnings; and authorize the
appropriate officials to execute same. The motion was duly seconded and carried
unanimously.
9.2 Approve a commitment of grant funds to Vestcor Fund XL, Ltd. (Vestcor) in the
amount of $100,000 in HOME Investment Partnership Program (with non-federal
funds as a match) to build up to 120 affordable rental housing units for the
elderly to be used as the local contribution that is required for applicants to
participate in the State of Floridas Low Income Housing Tax Credit Program
(LIHTC); authorize $100,000 from General Fund Reserves to be set aside as a
commitment to allow the second ranked developer, SP Chestnut Trail LP, to
apply to the LIHTC program to build 50 units of affordable rental housing units
for the elderly; and authorize the appropriate officials to execute same.
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On October 27, 2011, the City's Economic Development and Housing Department
released a Request for Proposals (RFP) for projects needing a local contribution
of funds in order to apply for the Fiscal Year 2011 State of Florida Low Income
Housing Tax Credit Program (LIHTC).
The City received four proposals on November 16, 2011: Vestcor Fund XL, Ltd.,
SP Chestnut Trail LP, Carlisle Group II, Ltd. and Clearwater Prospect Lake
Reserve, LLC.
The selection committee, made up of Economic Development and Housing and
Planning and Development staff, met and ranked the applications through its
stated ranking process. Applications can be reviewed at the Economic
Development and Housing Department.
The committee ranked the Developers in the following order:
1) Vestcor Fund XL, Ltd., (up to 120 units-elderly; Woodlawn Ave. near MLK
Ave.)
2) SP Chestnut Trail LP, (50 units-elderly; Chestnut St. and East Ave.)
3) Carlisle Group II, Ltd., (97 units-elderly; Laura St. and MLK Ave.)
4) Clearwater Prospect Lake Reserve, LLC (69 units-family; MLK Ave. and
Pierce St.)
The top recommended project (Vestcor) is called Vista Grand at Woodlawn and
consists of up to 120 one and two-bedroom units located in one building, targeted
for elderly residents. Some of the amenities include a library, computer lab, crafts
and community rooms, fitness center, movie theater, swimming pool, hair salon
and laundry facility. The estimated total development cost is $16,727,181. The
subject site is located on Woodlawn Avenue just south of Ross Norton Park, west
of Martin Luther King Jr. Avenue and east of Ft. Harrison Avenue in the Lake
Belleview neighborhood. The site consists of approximately 8 acres. The second-
ranked project (SP Chestnut Trail) is called Chestnut Trail Apartments and
consists of 50 units of one and two-bedroom apartments targeted to the elderly.
The proposed site is located on 0.72 acres at the southwest corner of Chestnut
Street and East Street in the Downtown Core. Some of the amenities include
covered parking, community room, computer work stations, and shuffle board
court. The estimated total development cost is $12,334,500.
Staff is recommending a commitment to Vestcor as the top-ranked project using
$100,000 grant from HOME/matching funds. However, given that the LIHTC
program has limits on how many units of housing can be funded per County
through each tax credit cycle, it is highly unlikely that more than one project will
receive an allocation of tax credits. For this reason, staff is recommending that the
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City support two projects to increase the likelihood that a project in Clearwater
would be funded.
If Council chooses to support the two-project rationale, staff recommends a
commitment of General Fund Reserves to support the SP Chestnut Trail
application. In this scenario, if Vestcor (the top ranked project) does not receive
an allocation of tax credits and SP Chestnut Trail does, the HOME funding that
was committed to Vestcor would be transferred to the Chestnut Trail project and
the commitment for General Fund reserves would be released. Staff does not
recommend commitments to the third and fourth-ranked projects. Both of these
projects scored lower in comparison to the top two ranked projects on the
advertised ranking criteria.
In addition, from a policy perspective, given the proximity of the two proposed
projects to the Cleveland Street District, a mixed-income project (both market rate
and affordable units) is preferred in both locations to provide a market and support
the retail/restaurant recruitment efforts in the downtown core (see Function of
Town Lake Residential District from the Clearwater Downtown Redevelopment
Plan). Staff would not recommend any incentives to build LIHTC-type projects at
these locations.
As background, the Housing Credit Program is governed by the U.S. Department
of Treasury under Section 252 of the Tax Reform Act of 1986 and Section 42 of
the Internal Revenue Code, as amended. The program was established to provide
for-profit and non-profit organizations with a dollar-for-dollar reduction in federal
tax liability in exchange for the acquisition and substantial rehabilitation,
substantial rehabilitation, or new construction of low and very low- income rental
housing units (60% of the Area Median Income and below). In this application
cycle, the minimum value of contributions required from a government agency for
a Housing Credit Program application to receive the maximum points is $100,000.
It is the city's understanding that in order to meet this requirement, the local
government needs to make a commitment to each project they are supporting.
The application period for the LIHTC Program opened on October 26, 2011 and
closes on December 6, 2011.
The scores will be issued on March 28, 2011 with the final board approval set for
June 8, 2012. Any project funded by the City of Clearwater will need to sign a
Declaration of Restrictive Covenants that ensures affordability of the units for a
30-year period.
Economic Development and Housing Director Geri Campos Lopez said the Pine Berry
project came online this year and the developer expects to pay $54,000 in property
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taxes. The bus stop for the Woodlawn Project is located on Martin Luther King, Jr.
Avenue and Woodlawn Street.
In response to questions, Ms. Campos Lopez said the ranking criteria used by the City
differs from the State of Florida as it is based on the city’s needs; balancing housing
needs and location. The three projects located near downtown ranked equally. Ms.
Campos Lopez said there is a preference for mixed income projects near Cleveland
Street to support the active retail and restaurant recruitment in the downtown core.
Should Council recommend all four applications, the City would need to commit
$300,000.
Discussion ensued with concerns expressed regarding the impact affordable housing
projects would have to downtown retail and restaurant recruitment efforts. It was
suggested that staff increase efforts for workforce housing and using funds to rehab
homes in disrepair.
Ms. Campos Lopez said HUD defines affordable housing as 80% of area median
income and below. The City last year received $96,000 from the State of Florida SHIP
program, which was used towards the rehab of three single-family homes.
One individual spoke in opposition. Three individuals spoke in support with two
individuals recommending submitting all four project applications.
Councilmember John Doran moved to approve a commitment of grant funds to Vestcor
in the amount of $100,000 in HOME Investment Partnership Program and authorize
$100,000 to each, from General Fund Reserves as a commitment, to SP Chestnut Trail
LP, Carlisle Group II, Ltd., and Clearwater Prospect Lake Reserve, LLC. The motion
was duly seconded. Vice Mayor George N. Cretekos and Councilmember John Doran
voted “Aye”; Mayor Frank Hibbard and Councilmembers Paul Gibson and Bill Jonson
voted “Nay”.
Motion failed.
Councilmember Bill Jonson moved to approve Item 9.2.
Motion failed for lack of a second.
Councilmember Bill Jonson moved to reconsider approving a commitment for all four
applications. The motion was duly seconded. Vice Mayor George N. Cretekos and
Councilmembers John Doran and Bill Jonson voted “Aye”; Mayor Frank Hibbard and
Councilmember Paul Gibson voted “Nay”.
Motion carried.
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Councilmember John Doran moved to moved to approve a commitment of grant funds
to Vestcor in the amount of $100,000 in HOME Investment Partnership Program and
authorize a commitment of $100,000 from General Fund Reserves to each developer
(SP Chestnut Trail LP, Carlisle Group II, Ltd., and Clearwater Prospect Lake Reserve,
LLC). The motion was duly seconded. Vice Mayor George N. Cretekos and
Councilmembers John Doran and Bill Jonson voted “Aye”; Mayor Frank Hibbard and
Councilmember Paul Gibson voted “Nay”.
Motion carried.
9.3 Approve a loan modification to Homeless Emergency Project, Inc. to change the
existing terms and increase the loan amount by $725,000 to a total loan amount
of $1,097,340 to build 32 affordable rental housing units for veterans at 1250
Palmetto Street, Clearwater, and authorize the appropriate officials to execute
same.
Homeless Emergency Project, Inc. (HEP) has been planning apartment units and
a clubhouse to provide permanent supportive housing to homeless veterans with
special needs. An application was submitted to the City of Clearwater to acquire
vacant real property located at 1250 Palmetto Street, Clearwater, Florida (owned
by the Pinellas County Board of Public Instruction). The City gave HEP a loan in
the amount of $372,340 to acquire the property (agreed sales price of the land
from the School Board--a February 10, 2010 appraisal list the value of the land at
$558,000.)
The subject property is near rectangular in shape with approximately 109 feet of
Palmetto Street frontage, 120 feet of Engman Street frontage and 1,095 feet of
Holt Avenue frontage. The surveyed dimensions calculate to a total size of 2.9
acres. Phase one will include the construction of a two-story 16,248 square foot
residential building containing thirty two (32) one-bedroom apartments. It will also
include the construction of a 2,336 square foot Clubhouse/Community Center,
and all required parking spaces. Funds from the City will only be used for the
construction of the housing units.
The new apartment units and the Clubhouse/Community Center will be used to
provide permanent supportive housing to homeless veterans with special needs. It
will house both male and female veterans including the sub-populations of
disabled veterans, veterans with mental illness, chronically mentally ill veterans,
veterans with PTSD (Post Traumatic Stress Disorder) diagnosis, veterans with
substance abuse problems and veterans with dual diagnosis. These housing units
will serve an identified need in the community (Veteran's Administration Bay Pines
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in a 2008 study indicated a need for over 500 permanent housing units). The
residents of this facility will be provided with comprehensive case management
and counseling services, needed health, mental health and dental services, as
well as job training and job placement assistance and a full array of services
needed to move residents into a condition of self-sufficiency.
It is estimated that the project will begin construction in January 2012 and be
completed by January 2013.
The total budgeted project cost is $3,497,144 with Pinellas County contributing
$1,800,000, the City of Clearwater at $1,097,340 (including the prior loan of
$372,340) and HEP contributing $599,804. To ensure the project cash flows, it is
recommended that both Pinellas County and the City forgive an equal share of the
loan ($299,250) at the end of the 30-year affordability period.
The original loan in the amount of $372,340 included a two-year deferment with
no payment due and no interest. It also included a three-year interest only
payment and a balloon for full payment due at the end of the fifth year with the
city's option of forgiveness.
The proposed loan modification by the City to HEP will place all loans under a
single mortgage and restructure the terms of the loan to become a $1,097,340
total loan with a $299,250 loan forgiveness at the end of the 30-year affordability
period. The balance of the loan will be a three-year deferred payment loan with a
three percent (3%) per annum interest rate amortized over 30 years.
In response to questions, HEP representative Barbara Green said the intent of the
facility is to serve the veteran population. HEP Board of Directors Chairman Bruce Fyfe
said the facility will provide housing and continuum of care services to area veterans.
The organization has received over $1 million in private donations.
Vice Mayor George N. Cretekos moved to approve a loan modification to Homeless
Emergency Project, Inc. to change the existing terms and increase the loan amount by
$725,000 to a total loan amount of $1,097,340 to build 32 affordable rental housing
units for veterans at 1250 Palmetto Street, Clearwater, and authorize the appropriate
officials to execute same. The motion was duly seconded and carried unanimously.
The Council recessed from 7:45 p.m. to 7:52 p.m.
9.4 Provide direction on amendments to the Community Development Code
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regarding artificial turf (TA2011-09001).
The city's Community Development Code Section 3-1502, Property Maintenance
Requirements for Yards and Landscape Areas, currently requires that the portion
of lots not covered by a building or structure be "landscaped with grass or other
appropriate ground cover" and that "all landscape materials ... be maintained in a
healthy live condition."
The city's Community Development Code Section 3-1502, Property Maintenance
Requirements for Yards and Landscape Areas, currently requires that the portion
of lots not covered by a building or structure be "landscaped with grass or other
appropriate ground cover" and that "all landscape materials ... be maintained in a
healthy live condition."
At the July 21, 2011 City Council Meeting, Council directed the Planning and
Development Department Staff to examine the use of synthetic grass or artificial
turf in place of landscaping consisting of natural plant material and to create
standards for the installation and maintenance of artificial turf. Council also
directed staff to meet with the Environmental Advisory Board (EAB) and the
Clearwater Neighborhoods Coalition (CNC) for their feedback.
Staff met with the EAB on September 21, 2011 to discuss completed research on
the environmental aspects of artificial turf and an evaluation of existing codes in
Florida and across the United States. Staff met with the EAB a second time on
October 12, 2011, at which time a draft ordinance was reviewed. The EAB
recommended adoption of the proposed ordinance as presented at the meeting
with three changes: 1) permitting process and requirements for artificial turf
should be similar to those for other impervious surface; 2) artificial turf should be
prohibited on Sand Key, Clearwater Beach, and Island Estates; 3) crumb rubber
infill for artificial turf should only be permitted on playgrounds and athletic fields.
Staff addressed items one and three in the proposed ordinance, but did not
incorporate a prohibition of artificial turf on Sand Key, Clearwater Beach, and
Island Estates, because staff believes that the ordinance should apply citywide
and no one neighborhood should be exempt. This information was presented to
the CNC at its November 7, 2011 meeting, and the CNC voted to support the
ordinance as presented at the meeting.
The ordinance contains the following key provisions:
Differentiates between natural turf and artificial turf, and provides definitions of
each.
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Establishes a new subsection for Artificial Turf (Section 3-1203) which includes
the following:
- Requires a permit be approved in advance of any installation, to be reviewed by
city staff.
Creates minimum standards within Section 3-1203 including:
Green lifelike blades with a minimum pile height and density for all installations
other than those used in recreational facilities, which would have to comply with
different but appropriate standards;
Prohibition of rubber infill material except for within recreational installations.
Further prohibits the use of rubber infill at all, even in recreational uses, on Sand
Key, Clearwater Beach, and Island Estates;
Prohibition of indoor/outdoor carpeting like that which is generically referred to as
astro turf.
Establishes installation and maintenance requirements within Section 3-1203
including:
Artificial turf would be considered impervious by the city. The amount of artificial
turf allowed would be limited by the established Impervious Surface Ratio (ISR)
for a zoning district;
Seams must be nailed and glued, and nothing can be directly attached to a
seawall;
Artificial turf must be installed to provide proper drainage so no pooling or flooding
would occur, and may not be installed in permanent drainage features such as
ponds;
The city's arborist would have the ability to limit installations in areas where it
could affect the health of a tree, and any installations would be reviewed to
prevent damage to tree roots.
Amends the Property Maintenance Requirements Section 3-1502 as follows:
Modifies Section 3-1502.H.3 to allow artificial turf, but maintains requirement that
all other shrubs and trees still be "live";
Establishes maintenance requirements to ensure installed artificial turf remains
green, free of dirt, stains, odors, weeds, debris, tears, holes, impressions.
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Amends Appendix A Schedule of Fees, Rates and Charges to establish a permit
fee for artificial turf.
It is requested that City Council provide direction to staff regarding Ordinance
8302-12.
In response to questions, Planning Manager Lauren Matzke said the Clearwater Beach
Association expressed a concern with lack of studies regarding artificial turf in flood
zones, specifically with turf disturbances causing a problem with adjacent properties
and community drainage systems. Planning Director Michael Delk said current code
allows for limited use of artificial turf. Staff considers the location and extent of the turf.
For example, a putting green in someone’s backyard would be allowed, assuming no
issues with the impervious surface ratio (ISR).
Discussion ensued regarding how much of a residential yard should be allowed to be
covered with an artificial grass like material, if the code were to change to permit its use.
Assistant City Manager Jill Silverboard said the ISR needs to be considered in
discussion.
Four citizens spoke in support of the draft ordinance.
There was consensus to make no change to the code.
In response to a question, Mr. Delk said staff would close Municipal Code Enforcement
Board Case 40-11 and not pursue further action on this issue. The City Attorney said
staff would continue enforcement of the code as it exists.
Councilmember Paul Gibson moved to support the planning director’s recommendation
to close Municipal Code Enforcement Board Case 40-11. The motion was duly
seconded and carried unanimously.
9.5 Appoint one member to the Library Board with term to expire February 28, 2015.
Councilmember John Doran moved to appoint Paul F. Brown to the Library Board with
term to expire February 28, 2015. The motion was duly seconded and carried
unanimously.
Council 2011-12-01 15
Miscellaneous Reports and Items
10. City Manager Verbal Reports
10.1 City Manager Verbal Reports
The City Manager reported that the City received $ 86,065.50 in 2010 from Bank of
America for using ePay and P-card. To date, the City has received $99, 592.20, a 16%
increase from last year.
11. Closing Comments by Mayor
Mayor Frank Hibbard reviewed recent and upcoming events.
12. Adjourn
The meeting was adjourned at 8:55 p.m.
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Mayor
Attest City of Clearwater
City Clerk -44 �, 'b
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Council 2011-12-01 16