01/30/2012
CITY COUNCIL WORK SESSION MEETING MINUTES
CITY OF CLEARWATER
January 30, 2012
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.
Mayor Frank Hibbard called the meeting to order at 9:00 a.m. at City Hall.
1. Marine and Aviation
1.1 Authorize the adoption of a joint participation agreement (JPA) between the City
of Clearwater and the State of Florida Department of Transportation (FDOT)
Contract AQJ28 to provide $1.5 million of a $1,875,000 project cost to extend
and rehabilitate the runway and taxiway at the Clearwater Airpark; authorize
$175,000 of Airpark retained earnings and $200,000 General Fund retained
earnings for the remaining $375,000 project cost; authorize the appropriate
officials to execute same and adopt Resolution 12-04.
The Florida Department of Transportation (FDOT) has authorized $1.5 million
dollars in aviation funding to extend the runway at Clearwater Airpark 800 feet to
the North to improve the safety of the airpark by increasing the paved runway
landing and takeoff distance from 3500 feet to 4300 feet and repair the taxiway.
Upon completion of the taxiway repairs and runway extension, resurface the
entire paved surface area. In addition, the appropriate lighting and markings will
be included, as will the installation of a Precision Approach Path Indicator (PAPI)
system. The project will require work such as pavement markings, electrical
installation and inspection, project management services, design, permitting,
environmental engineering and irrigation. The project is to be completed on or
before June 30, 2017. The total project funding will be $1,875,000, $1.5 million in
Department (FDOT) funding at 80% and $375,000 in City funding at 20%.
Airpark retained earnings in the amount of $175,000 and $200,000 City retained
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earnings will provide the match for the project.
Staff is negotiating with the fixed base operator (FBO) for a contract extension in
exchange for providing the $200,000 General Fund match for the purposes of
receiving this grant. The Florida Department of Transportation (FDOT) requires
the funding be identified at the time of the grant. If we chose to negotiate the
$200,000 and pay back the city retained earnings, we would do so in a separate
lease agreement. A first quarter budget amendment will establish capital project
315-94871, Airpark Runway / Taxiway Extension and Rehabilitation in the
amount of $1,875,000.00, which will be funded with the FDOT Grant proceeds in
the amount of $1,500,000.00, and a transfer in the amount of $200,000.00 of
General Fund retained earnings, and a transfer in the amount of $175,000 of
Airpark retained earnings.
In response to questions, Marine and Aviation Director Bill Morris said the runway
extension would provide pilots with more pavement for takeoffs and landings and
provide more space to abort a flight during takeoffs. Takeoffs can start 800 ft. sooner.
Mr. Morris said the runway extension would not allow larger planes; the weight
restrictions on the runway will not change. The central portion of the taxiway was built
on a landfill and is exhibiting settling issues.
2. Parks and Recreation
2.1 Ratify and confirm the City Manager’s approval to issue a Purchase Order with
Wannemacher Jensen Architects, Inc. for $199,986 for architectural services for
the design of a new training building and batting tunnels at Carpenter Complex.
(consent)
On Dec. 1, 2011, the Council approved 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 and approve funding the project for
$2,900,000 from unappropriated retained earnings. In order to meet the very tight
deadlines imposed by this project it was necessary to enter into a contract with
the architectural and engineering design firms as soon as possible.
Wannemacher Jensen Architects, Inc. (WJA) was previously hired by the City to
design the renovations to the locker rooms and offices used by the Philadelphia
Phillies at Carpenter Field. Both the Phillies and City staff have had successful
experience with WJA and thus desired that they be the architects for this project.
As one of the City Architects of Record, an agreement was negotiated and
reached with WJA and the City Manager approved staff's recommendations to
enter into this agreement.
Staff is recommending that the Council ratify and confirm this decision.
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2.2 Approve an agreement between the City and Competitor Group Inc. (CGI) to
conduct a Triathlon TriRock Series Event in Clearwater, Florida, on November
11, 2012 and continuing annually in November until November 13, 2016, with
two one-year mutual agreeable extensions and authorize the appropriate officials
to execute same. (consent)
The City previously had an agreement with World Triathlon Corporation (WTC) to
conduct an international distance triathlon within Clearwater. However, WTC was
unable to perform under the agreement to provide a new international distance
event in Clearwater known as "5150 Clearwater Triathlon" in 2011, therefore, the
agreement between the City and WTC was terminated in accordance to the terms
and conditions of the agreement.
This agreement is similar to the one approved with WTC, with a new partner CGI.
The event includes a 1.5K swim, 40K bicycle and 10K run, with a similar course,
still to be finalized with the City, as the cancelled 2011 5150 event. Staff believes
that CGI has the experience and expertise to conduct a successful event in
Clearwater as part of their TriRock Series, which attracts competitors from all over
the United States. CGI also owns and operates The Rock and Roll Marathon
Series. CGI will conduct the TriRock Triathlon; provide a five day event; bring in
1,500 participants, media and VIPs requiring multiple overnight stays; extensive
local and national media coverage; and major sponsor benefits package that
include rights to use the TriRock and City logo in all marketing material. The event
is estimated to provide 1500 room nights in its first year. The City will provide
equipment and services to CGI to conduct the event including items such as traffic
operations staff, police officers for event, dumpsters, trash cans, removal of litter,
swim course set up, lifeguards and water safety personnel, event security, parks
and recreation event staff, medical coordination, EMS coverage and SunStar
transport units, etc. up to an amount not to exceed $30,000. Any additional City
costs over this amount will be reimbursed by CGI to the City. The City has the
right to immediately terminate the agreement by giving written notice to CGI within
thirty days of the conclusion of that year's event. Details of expenses, facilities
used and race route will be included in the agreement as exhibits once finalized.
In response to a question, Parks and Recreation Director Kevin Dunbar said the half
marathon event in St. Petersburg is projected to have 9,500 participants. The City’s
event will be held in November and is the last one in the series.
3. Police
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3 1.
Approve renewal of the agreement with Religious Community Services,
Inc. (RCS) for provision of contractual victim advocacy services in the
amount of $17,149 and authorize the appropriate officials to execute same.
(consent)
The Clearwater Police Department (CPD) seeks City Council approval to
renew a contractual agreement with RCS (a registered non-profit
organization with four distinct yet interwoven programs, which includes The
Haven of RCS) to provide a part-time bilingual victim advocate position from
The Haven to be physically located at CPD headquarters. The victim
advocate will work 20 hours per week and perform the duties associated
with the implementation of a domestic violence victim advocacy program
with an emphasis on Spanish-speaking, Hispanic victims for a one-year
period.
This is a second year request for the services of a part-time bilingual victim
advocate, which has proven to be a very successful program. The victim
advocate provided safety plans for 233 domestic violence victims, 43 of
whom were Hispanic, for the period January 1, 2011 through September 30,
2011. Additionally, there were 210 initiated calls made to the victims of
domestic violence and a total of 362 follow up calls. The victim advocate
also assisted the victims at court hearings and State Attorney Investigations.
The Haven of RCS is a state-certified provider of domestic violence victim
advocacy services; has a number of Spanish-speaking victim advocates on
staff; and has a long history of partnering with CPD and its victim advocate
on domestic violence issues. Pursuant to the contractual agreement, The
Haven of RCS will provide comprehensive domestic violence services on-
site at CPD for a total of 400 victims, with an emphasis on Spanish-
speaking Hispanics but to include all domestic violence victims.
All expenses will be funded with Special Law Enforcement Trust Fund
revenue and charged to Special Project 181-99356.
4. Planning
4.1 Deny a Development Agreement between AEC Sunset Point, LLC (the property
owner) and the City of Clearwater for property located at 2750 and 2754 Sunset
Point Road (Lot 2 and a portion of Lot 1, The Elks Subdivision); do not pass
Resolution 12-01. (DVA2011-10001)
The development agreement involves the northeastern portion of 2750 and 2754
Sunset Point Road, totaling 6.571 acres of a 19.42 acre property, located on the
north side of Sunset Point Road, approximately 477 feet west of Soule Road. City
Council voted (4-1) at its January 12, 2012 meeting to approve a Future Land Use
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Map amendment from the Institutional (I) classification to the Industrial Limited (IL)
classification and to amend the Zoning Atlas from the Institutional (I) District to the
Industrial, Research and Technology (IRT) District.
The subject site was formerly owned by the Clearwater Elks Lodge and operated
as such until 2000; in 2002 the site was sold to AEC Sunset Point, LLC. The
property currently has two buildings (6,840 square feet and 3,664 square feet),
one on each parcel, with small parking lots and driveways to the buildings, which
traverse the length of the property and connect to Sunset Point Road. The
property owner intends to expand the current nonconforming manufacturing use
to 130,000 square feet.
The Development Agreement proposes manufacturing use of up to 130,000
square feet of non-residential floor area (0.45 Floor Area Ratio) at a maximum
height of 35 feet, whereas the Community Development Code would allow
186,051 square feet (0.65 Floor Area Ratio) at a maximum height of 50 feet. The
proposed Development Agreement will be in effect for a period not to exceed
twenty (20) years and requires the Developer to limit the use of the property to
offices, research and technology use and manufacturing. The proposed
Agreement will prohibit such uses as warehouse facility, major vehicle service,
adult uses, nightclubs and salvage yards.
The Planning and Development Department has determined that the proposed
Development Agreement is inconsistent with the City's Comprehensive Plan.
The Community Development Board reviewed the application at its public hearing
on December 20, 2011 and recommended approval (6-1) of the Development
Agreement.
Planner Catherine Lee reviewed the changes made to the development agreement
since the January 12, 2012 council meeting: The traffic impact study required of the
developer shall include the ingress and egress points serving AEC, which shall be
constructed per code requirements; employees will be encouraged to utilize PSTA
public transit and consider other modes and form car pool arrangements to reduce on-
site parking demand; there shall be along the Eastern part of the site adjoining the
residentially designated property a 6 ft. wall, which shall have a decorative finish, with
trees installed in the 25 ft. buffer; the loading zones for buildings to be constructed on
the property shall be situated on the Westerly side of the buildings, and away from the
Easterly side which adjoins the single family; all invasive species will be removed from
the site visibility triangle adjacent to the Sunset Point access; no structures will be pre-
engineered metal buildings; deliveries will occur during normal operating business
hours (7:00 a.m. to 7:00 p.m.); list of chemicals used on site is to be provided to the
Clearwater Fire Department; the existing sign will be brought into conformance with the
code; Outdoor Storage added to the list of prohibited uses; and concurrency
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requirements of the code will be met through the traffic impact study. Staff has
requested the applicant to provide the details of the phasing plan in the development
agreement and conceptual plan.
Staff was directed to provide council a list of amendments to the development
agreement.
In response to questions, Assistant City Attorney Leslie Dougall-Sides said failure of the
developer to timely fulfill its obligations may serve as basis for termination of this
agreement by the City. The covenants will be required and recorded and would restrict
those particular uses.
Staff was directed to clarify language regarding finish of the 6 ft.-wall.
4.2 Agree to enter into negotiations to address issues concerning planning and
annexation for the areas completely surrounded by the city not contiguous to city
boundaries, in response to Pinellas County Resolution 11-185, and adopt
Resolution 12-03.
Florida Statutes Chapter 171 Part I establishes statewide standards and
procedures for municipal annexation or contraction. In 2006, Chapter 171 was
amended to include Part II, which allows for a county and municipalities to enter
into interlocal service boundary agreements to address a variety of potential
issues associated with voluntary and referendum annexations and service
delivery and establish a process for the County, municipalities and independent
districts to use.
On December 6, 2011, the Board of County Commissioners adopted Resolution
11-185 initiating the Interlocal Service Boundary Agreement process to negotiate
the ability of a municipality to voluntarily annex property that is located within an
enclave completely surrounded by that same municipality but not contiguous to
municipal boundaries (informally described as Type A enclave). This resolution
invited ten municipalities and five independent special districts to participate in the
Interlocal Agreement process, and establishes that this is the sole issue to be
negotiated.
The City of Clearwater was invited to participate in this process because it
contains several Type A enclaves within the Clearwater Service Area. In order to
participate in the negotiation process, the city must adopt a responding resolution
and send it to the County, each invited municipality, and each independent special
district that received the initiating resolution. The County and those municipalities
and independent special districts that decide to participate must begin
negotiations within 60 days after the receipt of the responding resolutions. An
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invited municipality that fails to adopt a responding resolution waives its right to
participate in the negotiation process and shall be bound by an interlocal
agreement resulting from the negotiation process. This process would essentially
re-establish the same authority previously granted to municipalities under Pinellas
County Ordinance 00-63, which was in effect from November 2000 to October
2007. Ordinance 00-63 was invalidated by the 2nd District Court of Appeals
effective October 2007 in Cities of Largo and Seminole v. Pinellas County.
The Planning and Development Department recommends approval of Resolution
12-03 responding to the County's resolution inviting the city to participate in the
Interlocal Service Boundary Agreement process and agreeing to enter into
negotiations with the County and responding municipalities and independent
special districts regarding Type A enclaves.
In response to a concern, Assistant City Attorney Leslie Dougall-Sides said there are
several methods of annexations would be discussed during negotiations.
5. Official Records and Legislative Services
5.1 Appoint one member to the Municipal Code Enforcement Board to fill the
remainder of an unexpired term until October 31, 2014.
There was consensus to appoint Wayne Carothers.
6. Legal
6.1 Adopt Ordinance 8294-12 on second reading, amending the future land use plan
element of the Comprehensive Plan of the city to change the land use
designation for certain real property whose post office address is 2750 and 2754
Sunset Point Road from Institutional (I) to Industrial Limited (IL).
6.2 Adopt Ordinance 8295-12 on second reading, amending the Zoning Atlas of the
city by rezoning certain real property whose post office address is 2750 and
2754 Sunset Point Road, from Institutional (I) to Industrial, Research and
Technology (IRT).
6.3 Adopt Ordinance 8303-12 on second reading, annexing certain real property
whose post office addresses are 1848, 1854 and 1855 Diane Drive; 1716 and
1745 Evans Drive; 1725, 1729, 1734, 1737, and 1740 Grove Drive; 1752 and
1759 Lucas Drive; 1807 and 1843 Marilyn Drive; 1808, 1836, and 1845 Skyland
Drive; 2826 State Road 590; 2734 and 2747 Terrace Drive; 1745 and 1748
Thomas Drive, together with all Right of Way of Marilyn Drive abutting Lots 1 and
7, Block H; all Right of Way of Skyland Drive abutting the South 60 feet of Lot
10, Block H and abutting Lot 2 Block I; all Right of Way of Diane Drive abutting
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Lot 19, Block I through Lot 2, Block J, in Carlton Terrace First Addition
Subdivision; all Right of Way of Grove Drive abutting Lots 9 and 11, Block 4, in
Virginia Grove Terrace First Addition Subdivision; All Right of Way of Thomas
Drive abutting Lot 19, Block 4, in Virginia Grove Terrace Second Addition
Subdivision; all Right of Way of Lucas Drive abutting Lot 17, Block 5 and
abutting Lot 13, Block 6, all Right of Way of Terrace Drive abutting Lot 11, Block
3 in Virginia Grove Terrace Third Addition Subdivision; all Right of Way of Evans
Drive abutting Lot 19 Block 6 in Virginia Grove Terrace Fourth Addition, into the
corporate limits of the city and redefining the boundary lines of the city to include
said addition.
6.4 Adopt Ordinance 8304-12 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 addresses are 1848, 1854 and 1855
Diane Drive; 1716 and 1745 Evans Drive; 1725, 1729, 1734, 1737, and 1740
Grove Drive; 1752 and 1759 Lucas Drive; 1807 and 1843 Marilyn Drive; 1808,
1836, and 1845 Skyland Drive; 2826 State Road 590; 2734 and 2747 Terrace
Drive; 1745 and 1748 Thomas Drive, together with all Right of Way of Marilyn
Drive abutting Lots 1 and 7, Block H; all Right of Way of Skyland Drive abutting
the South 60 feet of Lot 10, Block H and abutting Lot 2 Block I; all Right of Way
of Diane Drive abutting Lot 19, Block I through Lot 2, Block J, in Carlton Terrace
First Addition Subdivision; all Right of Way of Grove Drive abutting Lots 9 and
11, Block 4, in Virginia Grove Terrace First Addition Subdivision; All Right of Way
of Thomas Drive abutting Lot 19, Block 4, in Virginia Grove Terrace Second
Addition Subdivision; all Right of Way of Lucas Drive abutting Lot 17, Block 5
and abutting Lot 13, Block 6, all Right of Way of Terrace Drive abutting Lot 11,
Block 3 in Virginia Grove Terrace Third Addition Subdivision; all Right of Way of
Evans Drive abutting Lot 19 Block 6 in Virginia Grove Terrace Fourth Addition,
upon annexation into the City of Clearwater, as Residential Low (RL),
Preservation (P), and Drainage Feature Overlay.
6.5 Adopt Ordinance 8305-12 on second reading, amending the Zoning Atlas of the
city by zoning certain real property whose post office addresses are 1848, 1854
and 1855 Diane Drive; 1716 and 1745 Evans Drive; 1725, 1729, 1734, 1737,
and 1740 Grove Drive; 1752 and 1759 Lucas Drive; 1807 and 1843 Marilyn
Drive; 1808, 1836, and 1845 Skyland Drive; 2826 State Road 590; 2734 and
2747 Terrace Drive; 1745 and 1748 Thomas Drive, together with all Right of
Way of Marilyn Drive abutting Lots 1 and 7, Block H; all Right of Way of Skyland
Drive abutting the South 60 feet of Lot 10, Block H and abutting Lot 2 Block I; all
Right of Way of Diane Drive abutting Lot 19, Block I through Lot 2, Block J, in
Carlton Terrace First Addition Subdivision; all Right of Way of Grove Drive
abutting Lots 9 and 11, Block 4, in Virginia Grove Terrace First Addition
Subdivision; All Right of Way of Thomas Drive abutting Lot 19, Block 4, in
Virginia Grove Terrace Second Addition Subdivision; all Right of Way of Lucas
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Drive abutting Lot 17, Block 5 and abutting Lot 13, Block 6, all Right of Way of
Terrace Drive abutting Lot 11, Block 3 in Virginia Grove Terrace Third Addition
Subdivision; all Right of Way of Evans Drive abutting Lot 19 Block 6 in Virginia
Grove Terrace Fourth Addition, upon annexation into the City of Clearwater, as
Low Medium Density Residential (LMDR) and Preservation (P).
6.6 Adopt Ordinance 8306-12 on second reading, amending the Community
Development Code Article 3, Development Standards, adopting Division 25,
Sections 3-2501 through 3-2506 providing for food service establishments with a
permit to allow patrons dogs on the premises in designated outdoor seating
areas; and amending Appendix A, Section VII, Land Development, to add a
permit fee for dog-friendly restaurants and outdoor cafes.
In response to a question, Assistant City Attorney Leslie Dougall-Sides said the
business owner will file a plan that will show the designated doggy dining area. The
business owner would determine if the area will exist.
6.7 Adopt Ordinance 8308-12 on second reading, amending Ordinance 7371-05 as
amended by Ordinance 7598-06, 7948-08 and 8041-09, which vacated a portion
of the 60foot Right of Way of First Avenue, (A.K.A. First Street per field), subject
to special conditions, amending the special conditions.
6.8 Adopt Ordinance 8309-12 on second reading, amending Ordinance 7372-05 as
amended by Ordinances 7947-08 and 8040-09, which vacated a portion of the
easterly one-half of the 70-foot Right of Way of Gulfview Boulevard (A.K.A.
South Gulfview Boulevard per field), subject to special conditions to amend the
special conditions
6.9 Adopt Ordinance 8310-12 on second reading, amending the Community
Development Code (CDC) to address general application requirements, zoning
atlas amendments, landscape plans, general provisions of the CDC, setbacks for
parking lots, parking demand studies, temporary uses, business tax receipts,
development agreements, nonconforming structures, nonconforming uses,
nonconforming lots, nonconforming accessory use/structures, and the definition
of temporary retail sales and displays
A concern was expressed that the proposed temporary use provisions may not allow a
business owner, who wants to expand and may need to demolish the existing facility to
rebuild, to temporarily operate from a modular structure.
Assistant City Manager Jill Silverboard said staff has allowed business owners to
operate temporarily from a modular while permits remain active.
Staff was directed to amend the code to allow modular structures.
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7. City Manager Verbal Reports – None.
8. Council Discussion Items
8.1 Council Visit to Tallahassee - Councilmember Jonson
Councilmember Bill Jonson questioned if Council would schedule a trip to Tallahassee
this legislative session.
There was no consensus to schedule a trip.
8.2 Economic Development along the PAA Corridor - Councilmember Jonson
Councilmember Bill Jonson said the Pinellas Alternative Analysis provides an
opportunity for Clearwater and Largo to work together on route/station determination
and suggested to allow staffs to meet and begin discussions.
There was consensus for staff to meet with Largo staff and begin discussions.
8.3 Resolution regarding Business Tax Receipts - Councilmember Jonson
Staff was directed to draft a letter opposing the repeal of business tax receipts for the
Pinellas County Legislative Delegation.
A concern was expressed regarding legislation that preempts local governments to
enact smoke-free related laws. Staff was directed to draft a letter supporting repeal of
the preemption for the Pinellas County Legislative Delegation.
9. Closing Comments by Mayor
Mayor Frank Hibbard encouraged all to vote tomorrow.
10. Adjourn
The meeting was adjourned at 11:08 a.m.
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