02/02/2012 CITY COUNCIL MEETING MINUTES
CITY OF CLEARWATER
February 2, 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 11 - City Manager, Rod Irwin - Assistant City Manager,
Pamela K. Akin, 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. Donna Oberkreser from Central Christian Church
3. Pledge of Allegiance — Mayor Frank Hibbard
4. Presentations — Given.
4.1 Clergy Appreciation Week Proclamation - Earle Lusk, President of the
Clearwater Civitan Club
4.2 Appreciation from UPARC Foundation & Festival of Trees Presentation - Cathy
Holland, Executive Director UPARC Foundation
4.3 Appreciation from Outback Bowl - Chuck Riggs, Outback Bowl Board of
Directors and Beach Day Chairman
4.4 Clearwater High School Honorary Diploma for Mayor Hibbard - Mr. Mastorides,
Principal, Clearwater High School
5. Approval of Minutes
5.1 Approve the minutes of the January 12, 2012 City Council Meeting as submitted
in written summation by the City Clerk.
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Councilmember Bill Jonson moved to approve the minutes of the January 12, 2012 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. Administrative Public Hearings
7.1 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
Map amendment from the Institutional (1) classification to the Industrial Limited (IL)
classification and to amend the Zoning Atlas from the Institutional (1) 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.
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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 in the development agreement since the
January 12, 2012 council meeting. The project will be developed in phases. The traffic
impact study will include the ingress and egress points serving AEC and will be
constructed per Code. To reduce parking demand, employees will be encouraged to
use PSTA and to carpool. The wall adjoining the residential properties to the east will
be 6 ft. tall and 8 in. thick masonry with a decorative finish. There will be trees in the 25
ft. buffer adjoining the residential properties to the east. The buffer adjoining the
residential properties to the east is depicted in a new exhibit and loading zones will be
on the western side of the property. Within the sight visibility triangle adjacent to the
Sunset Point Road entrance, all invasive species will be removed and all other
vegetation within this area will not obstruct views within 30 in. and 8 ft. above grade.
The new structures will have an office building appearance and there will not be pre-
engineered metal buildings. At the commencement of the initial phase of construction,
the wall adjacent to the residential properties will be constructed. Deliveries will occur
during regular business hours (7:00 a.m. — 7:00 p.m.). AEC will provide a list of
chemicals used on site to the Clearwater Fire Department. The existing sign will be
brought into conformance with the current Code. Outdoor storage was added to the list
of prohibited uses. The project will comply with the MPO's countywide approach to
concurrency management for transportation facilities.
In response to questions, Planning and Development Director Michael Delk said the
phasing plan would follow the development approval process. The city could terminate
the agreement if the obligations are not met; the zoning would remain in place, as would
the covenants restricting the uses in the IRT zone. Assistant City Attorney Leslie
Dougall-Sides said the applicant has provided an executed copy of the restrictive
covenants.
One individual spoke in opposition and requested the height of the wall be increased to
8 ft.
One individual spoke in support with concerns expressed regarding AEC employees
using the ingress/egress on the south end.
Applicant representative Richard Gehring said the height of the wall was left to staff
discretion; 8 ft. can be oppressive. The applicant does not have easement rights for
Soule Road; there are no plans to include Soule Road in the traffic flow.
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Councilmember John Doran moved to amend the wall "requirement" to 7 ft. high and
approve Item 7.1 as amended. The motion was duly seconded and carried
unanimously.
Resolution 12-01 was presented and read by title only. Vice Mayor George N. Cretekos
moved to adopt Resolution 12-01, as amended. 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. Second Readings - Public Hearing
8.1 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 (1) to Industrial Limited (IL).
Ordinance 8294-12 was presented and read by title only. Councilmember Paul Gibson
moved to adopt Ordinance 8294-12 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
John Doran, Councilmember Paul Gibson, and Councilmember Bill
Jonson.
"Nays None.
8.2 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 (1) to Industrial, Research and
Technology (IRT).
Ordinance 8295-12 was presented and read by title only. Councilmember Bill Jonson
moved to adopt Ordinance 8295-12 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
John Doran, Councilmember Paul Gibson, and Councilmember Bill
Jonson.
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"Nays None.
8.3 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 Wav of Marilyn Drive abutting Lots 1 and
7, Block K all Right of Way of Skvland 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, into the
corporate limits of the city and redefining the boundary lines of the city to include
said addition.
Ordinance 8303-12 was presented and read by title only. Councilmember John Doran
moved to adopt Ordinance 8303-12 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
John Doran, Councilmember Paul Gibson, and Councilmember Bill
Jonson.
"Nays None.
8.4 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 Skvland 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 K all Right of Way of Skvland 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
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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.
Ordinance 8304-12 was presented and read by title only. Vice Mayor George N.
Cretekos moved to adopt Ordinance 8304-12 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
John Doran, Councilmember Paul Gibson, and Councilmember Bill
Jonson.
"Nays None.
8.5 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 K all Right of Way of Skvland
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
Low Medium Density Residential (LMDR) and Preservation (P).
Ordinance 8305-12 was presented and read by title only. Councilmember Paul Gibson
moved to adopt Ordinance 8305-12 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
John Doran, Councilmember Paul Gibson, and Councilmember Bill
Jonson.
Council 2012-02-02 6
"Nays None.
8.6 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.
Ordinance 8306-12 was presented and read by title only. Councilmember John Doran
moved to adopt Ordinance 8306-12 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
John Doran, Councilmember Paul Gibson, and Councilmember Bill
Jonson.
"Nays None.
8.7 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.
Ordinance 8303-12 was presented and read by title only. Vice Mayor George N.
Cretekos to adopt Ordinance 8308-12 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
John Doran, Councilmember Paul Gibson, and Councilmember Bill
Jonson.
"Nays None.
8.8 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
Council 2012-02-02 7
Ordinance 8309-12 was presented and read by title only. Councilmember Paul Gibson
moved to adopt Ordinance 8309-12 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
John Doran, Councilmember Paul Gibson, and Councilmember Bill
Jonson.
"Nays None.
8.9 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
Ordinance 8310-12 was presented and read by title only. Councilmember Bill Jonson
moved to adopt Ordinance 8310-12 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
John Doran, Councilmember Paul Gibson, and Councilmember Bill
Jonson.
"Nays None.
9. Consent Agenda
9.1 Ratify and confirm the City Managers 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
9.2 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)
9.3 Approve renewal of the agreement with Religious Community Services. Inc.
(RCS) for provision of contractual victim advocacy services in the amount of
Council 2012-02-02 8
$17,149 and authorize the appropriate officials to execute same. (consent)
9.4 Appoint Wayne Carothers to the Municipal Code Enforcement Board to fill the
remainder of an unexpired term until October 31, 2014. (consent)
Councilmember John Doran 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
10. Other Items on City Manager Reports
10.1 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
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
Council 2012-02-02 9
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 allow planes to start takeoffs sooner and be airborne sooner. The
project will not increase strength of runway; the facility is not permitted to have planes in
excess of 12,500 pounds or wingspan in excess of 49 feet. Planes are generally quieter
during landings. Airport Operations Manager Gordon Wills said the hours of operation
were extended to 11:00 p.m. in May 2011 and no complaints have been received
regarding any takeoffs that occurred during the extended hours. The FBO (fixed base
operator) recorded 9 takeoffs: 4 during 9:00 p.m. — 9:30 p.m.; 4 during 10:00 p.m. —
10:30 p.m.; and 1 at 10:45 p.m.
One individual spoke in opposition and three individuals spoke in support.
In response to a question, Mr. Morris said a soil study is needed to determine if the
entire 800-ft. extension can be used.
Councilmember Bill Jonson moved to 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. The motion was duly seconded and carried unanimously.
Resolution 12-04 was presented and read by title only. Councilmember John Doran
moved to adopt Resolution 12-04. 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.
10.2 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
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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 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.
Council 2012-02-02 11
Vice Mayor George N. Cretekos moved to 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. The motion was duly seconded and carried unanimously.
Resolution 12-04 was presented and read by title only. Councilmember Paul Gibson
moved to adopt Resolution 12-04. 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.
The Council recessed from 7:37 p.m.to 7:46 p.m.
10.3 Approve 2012 Federal Legislative priorities.
The City Clerk said maintaining the rail-trail conversions category in the surface
transportation authorization bill was added under Issues to Support.
It was requested that supporting the continuation of the National Scenic Byways
Program be added under Issues to Support. A concern was expressed regarding the
impact continuing the program would have on the federal budget. There was no
consensus to add issue.
Discussion ensued regarding the lack of sales tax collection from online retailers. Staff
was directed to add under Issues to Support: Support legislation requiring sales tax
collection from online retailers.
Councilmember Paul Gibson moved to approve the 2012 Federal Legislative Priorities
as amended. The motion was duly seconded and carried unanimously.
10.4 Appoint one member to the Parks and Recreation Board with term to expire
January 31, 2016.
Councilmember John Doran moved to appoint Norene Marlow to the Parks and
Recreation Board with term to expire January 31, 2016. The motion was duly seconded
and carried unanimously.
Council 2012-02-02 12
Miscellaneous Reports and Items
11. City Manager Verbal Reports
11.1 Harborview Center Feasibility Study
The City Manager said staff has received several inquiries regarding using the
Harborview Center. Long and Associates was retained to conduct a rehabilitation/re-
occupancy feasibility and cost analysis regarding the remaining space at the
Harborview center.
In response to questions, Assistant City Manager Rod Irwin said the Clearwater Marine
Aquarium submitted their first quarterly payment for $23, 000. Long and Associates
representative Alexander Long said any new work performed would have to be up the
current building code. The analysis was based on a ten-year life span of the building.
Mr. Long said it would cost approximately 20% less to maintain the building for five
years.
Discussion ensued regarding the types of repairs needed. It was stated that the
building was gutted years ago and the appliances, toilets, light fixtures, etc were sold at
auction. Concerns were expressed with the investment needed to maintain the building.
One individual expressed concern regarding the lease buyout payment to Pickles Plus.
One individual expressed gratitude to the City for making arrangements for the
Clearwater Marine Aquarium to set up the Dolphin Tale Adventure tour in the
Harborview Center.
One individual requested city dollars go into a grant program for small businesses in the
downtown district.
The City Attorney reviewed charter requirements in relation to the Harborview Center
property. A referendum will be required if the building is replaced with a building outside
of the current footprint. A referendum will be required if the facility is leased, sold or
conveyed and not maintained for a public purpose.
Discussion ensued regarding the Tax Increment Financing (TIF) dollars the City of St.
Petersburg received for their new Pier. It was suggested that the City approach Pinellas
County to request an extension of the TIF.
Council 2012-02-02 13
There was no consensus to pursue any action.
Preemption of Local Smoke-Free Laws
The City Attorney provided Council with copies of a draft letter requesting the Florida
Legislature to repeal the preemption of local smoke-free and other related tobacco laws
and to restore the right of local governments to enact and enforce local smoke-free
laws.
There was consensus to mail the letter to the Pinellas County Legislative Delegation.
12. Closing Comments by Mayor
Mayor Frank Hibbard reviewed recent and upcoming events.
Councilmember Bill Jonson wished his wife a happy anniversary.
13. Adjourn
The meeting was adjourned at 8:44 p.m.
— Cttc n C,t17S
Mayor
Attest City of Clearwater
City Clerk :� e/ '
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