02/02/2012
City Council Agenda
Location: Council Chambers - City Hall
Date: 2/2/2012- 6:00 PM
Welcome. We are glad to have you join us. If you wish to speak, please wait to be recognized, then state your
name and address. Persons speaking before the City Council shall be limited to three (3) minutes unless
otherwise noted under Public Hearings. For other than Citizens to be heard regarding items not on the Agenda, a
spokesperson for a group may speak for three (3) minutes plus an additional minute for each person in the
audience that waives their right to speak, up to a maximum of ten (10) minutes. Prior to the item being
presented, please obtain the needed form to designate a spokesperson from the City Clerk (right-hand side of
dais). Up to thirty minutes of public comment will be allowed for an agenda item. No person shall speak more
than once on the same subject unless granted permission by the City Council. The City of Clearwater strongly
supports and fully complies with the Americans with Disabilities Act (ADA). Please advise us at least 48 hours
prior to the meeting if you require special accommodations at 727-562-4090. Assisted Listening Devices are
available. Kindly refrain from using beepers, cellular telephones and other distracting devices during the
meeting.
1. Call to Order
2. Invocation
3. Pledge of Allegiance
4. Presentations
4.1Clergy Appreciation Week Proclamation - Earle Lusk, President of the Clearwater Civitan Club
Attachments
4.2Appreciation from UPARC Foundation & Festival of Trees Presentation - Cathy Holland, Executive
Director UPARC Foundation
Attachments
4.3Outback Bowl - Chuck Riggs, Outback Bowl Board of Directors and Beach Day Chairman
Attachments
4.4Clearwater High School Honorary Diploma for Mayor Hibbard - Mr. Mastorides, Principal, Clearwater
High School
Attachments
5. Approval of Minutes
5.1Approve the minutes of the January 12, 2012 City Council Meeting as submitted in written summation by
the City Clerk.
Attachments
6. Citizens to be Heard re Items Not on the Agenda
Public Hearings - Not before 6:00 PM
7. Administrative Public Hearings
- Presentation of issues by City staff
- Statement of case by applicant or representative (5 min.)
- Council questions
- Comments in support or opposition (3 min. per speaker or 10 min
maximum as spokesperson for others that have waived their time)
- Council questions
- Final rebuttal by applicant or representative (5 min.)
- Council disposition
7.1Deny 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)
Attachments
8. Second Readings - Public Hearing
8.1Adopt 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).
Attachments
8.2Adopt 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).
Attachments
8.3Adopt 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 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.
Attachments
8.4Adopt 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.
Attachments
8.5Adopt 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 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).
Attachments
8.6Adopt 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.
Attachments
8.7Adopt 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.
Attachments
8.8Adopt 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
Attachments
8.9Adopt 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
Attachments
City Manager Reports
9. Consent Agenda
9.1Ratify 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)
Attachments
9.2Approve 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)
Attachments
9.3Approve 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)
Attachments
9.4Appoint Wayne Carothers to the Municipal Code Enforcement Board to fill the remainder of an unexpired
term until October 31, 2014. (consent)
Attachments
10. Other Items on City Manager Reports
10.1Authorize 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.
Attachments
10.2Agree 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.
Attachments
10.3Approve 2012 Federal Legislative priorities.
Attachments
10.4Appoint one member to the Parks and Recreation Board with term to expire January 31, 2016.
Attachments
Miscellaneous Reports and Items
11. City Manager Verbal Reports
11.1Harborview Center Feasibility Study
Attachments
12. Closing Comments by Mayor
13. Adjourn
Meeting Date:
2/2/2012
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Clergy Appreciation Week Proclamation - Earle Lusk, President of the Clearwater Civitan Club
SUMMARY:
Review Approval:
Cover Memo
Item # 1
Meeting Date:
2/2/2012
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Appreciation from UPARC Foundation & Festival of Trees Presentation - Cathy Holland, Executive Director UPARC Foundation
SUMMARY:
Review Approval:
Cover Memo
Item # 2
Meeting Date:
2/2/2012
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Outback Bowl - Chuck Riggs, Outback Bowl Board of Directors and Beach Day Chairman
SUMMARY:
Review Approval:
Cover Memo
Item # 3
Meeting Date:
2/2/2012
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Clearwater High School Honorary Diploma for Mayor Hibbard - Mr. Mastorides, Principal, Clearwater High School
SUMMARY:
Review Approval:
Cover Memo
Item # 4
Meeting Date:
2/2/2012
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve the minutes of the January 12, 2012 City Council Meeting as submitted in written summation by the City Clerk.
SUMMARY:
Review Approval:
Cover Memo
Item # 5
Attachment number 1 \nPage 1 of 27
CITY COUNCIL MEETING MINUTES
CITY OF CLEARWATER
January 12, 2012
Present: Mayor Frank Hibbard, Vice Mayor George N. Cretekos, Councilmembe
Mayor Frank Hibbard, Vice Mayor George N. Cretekos, Councilmembe
Mayor Frank Hibbard, Vice Mayor George N. Cretekos, Councilmembe
John Doran, Councilmember Paul Gibson, and Councilmember Bill
Councilmember Bill Councilmember Bill
Jonson.
Also Present: William B. Horne II -City Manager, Jill S. Silverboard - Assistant City
Assistant City Assistant City
City Manager, Jill S. Silverboard City Manager, Jill S. Silverboard
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Manager, Rod Irwin - Assistant City Manager, Pamela K. Akin - City
Assistant City Manager, Pamela K. Akin Assistant City Manager, Pamela K. Akin City City
- -
Attorney, Rosemarie Call - City Clerk, and Nicole Sprague Official
Official Official
City Clerk, and Nicole Sprague City Clerk, and Nicole Sprague
Records and Legislative Services Coordinator.
Records and Legislative Services Coordinator.
To provide continuity for research, items are listed in agenda order although not
To provide continuity for research, items are listed in agenda order although not To provide continuity for research, items are listed in agenda order although not
necessarily discussed in that order.
necessarily discussed in that order.
Unapproved
1. Call to Order–Mayor Frank Hibbard
Mayor Frank HibbardMayor Frank Hibbard
–
Call to Order
The meeting was called to order at 6:00 p.m. at City Hall.
The meeting was called to order at 6:00 p.m. at City Hall.The meeting was called to order at 6:00 p.m. at City Hall.
2. Invocation -Mayor Frank Hibbard
Mayor Frank HibbardMayor Frank Hibbard
Invocation
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Invocation
3. Pledge of Allegiance -Mayor Frank Hibbard
Pledge of Allegiance Pledge of Allegiance
3. 3. Mayor Frank HibbardMayor Frank Hibbard
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4. Presentations -Given.
Given. Given.
4. 4. Presentations Presentations
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4.1 Service Awards
4.1 Service Awards
One service award was presented to a city employee.
One service award was presentedOne service award was presented
to a city employee. to a city employee.
The December 2011 Employee of the Month Award was presented to J
The December 2011 Employee of the Month Award was presented to JThe December 2011 Employee of the Month Award was presented to J
Traffic Operations. The November/December 2011 Bimonthly Team A
Traffic Operations. The November/December 2011 Bimonthly Team ATraffic Operations. The November/December 2011 Bimonthly Team A
presented to the Clearwater Harbor Dock Masters Team: Thomas Mu
presented to the Clearwater Harbor Dock Masters Team: Thomas Mupresented to the Clearwater Harbor Dock Masters Team: Thomas Mu
Lonkey, Mark Sharman, and Tom Ingerson.
LonkeLonkey, Mark Sharman, and Tom Ingerson.y, Mark Sharman, and Tom Ingerson.
4.2 Clearwater Beach Uncorked Presentation -Tammy Gail, Producer
Clearwater Beach Clearwater Beach
Ms. Gail thanked the city for their support and presented Counci
Ms. Gail thanked the city for their support and presented CounciMs. Gail thanked the city for their support and presented Counci
framed poster.
4.3 Human Trafficking Awareness Month Proclamation, January 2012 - Giselle
Rodriguez -Florida Outreach Coordinator
Council2012-01-121
Item # 5
Attachment number 1 \nPage 2 of 27
5. Approval of Minutes
5.1 Approve the minutes of the December 14, 2011 City Council Meetin
submitted in written summation by the City Clerk.
Councilmember Bill Jonson requested to amend page 12, line 17, to read Increase the
page 12, line 17, to read Increase the
amount of square footage for an address from 3 sq. ft. to 8 sq. ft., subject to limitation of
subject to limitation of
subject to limitation of
1 sq. ft, per number and page 14, line 19, to read & and non-restaurants, directed to
restaurants, restaurants, directed to directed to
pedestrians and not cars.
It was requested the proposed ordinance regarding sandwich boardreflect the
reflect
It was requested the proposed ordinance regarding sandwich boardIt was requested the proposed ordinance regarding sandwich boardthe the
amendments made in the minutes.
Councilmember Bill Jonson moved to approve the minutes as amende
Councilmember Bill Jonson moved to approve the minutes as amendeCouncilmember Bill Jonson moved to approve the minutes as amende
was duly seconded and carried unanimously.
was duly seconded and carried unanimously.
6. Citizens to be Heard re Items Not on the Agenda -None.
e Heard re Items Not on the Agenda None.
-
e Heard re Items Not on the Agenda
Public Hearings -Not before 6:00 PM
Not before 6:00 PM
7. Administrative Public Hearings
Administrative Public Hearings
Administrative Public Hearings
7.1 Approve the amendment to the conditions for the vacation of a po
Approve the amendment to the conditions for the vacation of a poApprove the amendment to the conditions for the vacation of a po
Avenue (a.k.a. First Street per field) and pass Ordinance 8308-12 on first
Avenue (a.k.a. First Street per field) and pass Ordinance 8308Avenue (a.k.a. First Street per field) and pass Ordinance 830812 on first 12 on first
--
reading.
reading.
reading.
Ordinance 7371-05, adopted by City Council on March 3, 2005, provided for the
Ordinance 7371Ordinance 737105, adopted by City Council on March 3, 2005, provided for the adopted by City Council on March 3, 2005, provided for the
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vacation of a portion of First Avenue, subject to certain condit
vacation of a portion of First Avenue, subject to certain conditvacation of a portion of First Avenue, subject to certain condit
planned development by K and P Clearwater Estate, LLC (the Devel
planned development by K and P Clearwater Estate, LLC (the Develplanned development by K and P Clearwater Estate, LLC (the Devel
ordinances have since been adopted at the Developer's request to
ordinances have since been adopted at the Developer's request toordinances have since been adopted at the Developer's request to
commencement date for vertical construction; most recently grant
commencement date for vertical construction; most recently grantcommencement date for vertical construction; most recently grant
until February 11, 2012. The Developer has dedicated Second Stre
until February 11, 2012. The Developer has dedicated Second Streuntil February 11, 2012. The Developer has dedicated Second Stre
right-of-way, effectively providing a substitute for the vacated First St
rightofway, effectively providing a substitute for the vacated First Stway, effectively providing a substitute for the vacated First St
--
proposed Ordinance 8308-12 provides for the elimination of most of the conditions
proposed Ordinance 8308proposed Ordinance 8308
12 provides for the elimination of most of the conditions
-
associated with the vacation of First Street. However, Develope
associated with the vacation of First Street. However, Developeassociated with the vacation of First Street. However, Develope
required to complete relocating all utilities.
required to complete relocating all utilities.required to complete relocating all utilities.
In response to a question, the City Attorney said if Council doe
In response to a question, the City Attorney said if Council doeIn response to a question, the City Attorney said if Council doe
development agreement, Council will have the option to not appro-12
development agreement, Council will have the option to not approdevelopment agreement, Council will have the option to not appro
on second reading.
on second reading.on second reading.
Vice Mayor George N. Cretekos moved to approve the amendment to the conditions for
the vacation of a portion of First Avenue (a.k.a. First Street p
duly seconded and carried unanimously.
Council2012-01-122
Item # 5
Attachment number 1 \nPage 3 of 27
Ordinance 8308-12 was presented and read by title only. Councilmember Paul Gibson
moved to pass Ordinance 8308-12 on first reading. The motion was duly seconded and
upon roll call, the vote was:
"Ayes": Mayor Frank Hibbard, Vice Mayor George N. Cretekos, Councilmembe
Mayor Frank Hibbard, Vice Mayor George N. Cretekos, Councilmembe
John Doran, Councilmember Paul Gibson, and Councilmember Bill
and Councilmember Bill
Jonson.
"Nays": None.
7.2 Approve the amendment to the conditions for the vacation of a portion of
ions for the vacation of a portion of ions for the vacation of a portion of
Gulfview Boulevard and pass Ordinance 8309-12 on first reading.
12 on first reading.12 on first reading.
Gulfview Boulevard and pass Ordinance 8309
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Ordinance 7372-05, adopted by City Council on March 3, 2005, provided for the
05, adopted by City Council on March 3, 2005, provided for the 05, adopted by City Council on March 3, 2005, provided for the
vacation of a portion of Gulfview Boulevard, subject to certain
vacation of a portion of Gulfview Boulevard, subject to certain vacation of a portion of Gulfview Boulevard, subject to certain
support of planned development by K and P Clearwater Estate, LLC
support of planned development by K and P Clearwater Estate, LLCsupport of planned development by K and P Clearwater Estate, LLC
Developer). Two ordinances have since been adopted at the Develo
Developer). Two ordinances have since been adopted at the DeveloDeveloper). Two ordinances have since been adopted at the Develo
to extend the commencement date for vertical construction; most
to extend the commencement date for vertical construction; most to extend the commencement date for vertical construction; most
an extension until February 11, 2012. The Developer has been co
an extension until February 11, 2012. The Developer has been coan extension until February 11, 2012. The Developer has been co
City staff to amend the associated development agreement and has requested an
City staff to amend the associated developmenCity staff to amend the associated developmen
t agreement and has requested an t agreement and has requested an
additional extension for the commencement date for vertical cons
additional extension for the commencement date for vertical consadditional extension for the commencement date for vertical cons
proposed Ordinance 8309-12 provides for vertical construction to begin within
proposed Ordinance 830912 provides for vertical construction to begin within 12 provides for vertical construction to begin within
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three (3) years of the effective date of this ordinance.
) years of the effective date of this ordinance. ) years of the effective date of this ordinance.
(3
three
Councilmember Bill Jonson moved to approve the amendment to the conditions for the
CouncilCouncilmember Bill Jonson moved to amember Bill Jonson moved to approve the amendment to the conditions for the pprove the amendment to the conditions for the
vacation of a portion of Gulfview Boulevard. The motion was dul
vacation of a portion of Gulfview Boulevard. The motion was dulvacation of a portion of Gulfview Boulevard. The motion was dul
unanimously.
unanimously.unanimously.
Ordinance 8309-12 was presented and read by title only. Councilmember John Doran
Ordinance 830912 was presented and read by title only. Councilmember John Dor12 was presented and read by title only. Councilmember John Dor
-
moved to pass Ordinance 8309-12 on first reading. The motion was duly seconded and
moved to pass Ordinance 8309moved to pass Ordinance 8309
12 on first reading. The motion was duly seconded and 12 on first reading. The motion was duly seconded and
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upon roll call, the vote was:
upon roll call, the vote was:upon roll call, the vote was:
"Ayes": Mayor Frank Hibbard, Vice Mayor George N. Cretekos, Councilmembe
"Ayes""Ayes"Mayor Frank Hibbard, Vice Mayor George N. Cretekos, CouncilmembeMayor Frank Hibbard, Vice Mayor George N. Cretekos, Councilmembe
:
John Doran, Councilmember Paul Gibson, and Councilmember Bill
John Doran, Councilmember Paul Gibson, and Councilmember Bill John Doran, Councilmember Paul Gibson, and Councilmember Bill
Jonson.
Jo
nson.
"Nays": None.
None.None.
"Nays""Nays"
::
7.3 Approve the annexation, initial Future Land Use Map designations
Approve the annexation, initial Future Land Use Map designationsApprove the annexation, initial Future Land Use Map designations
Low (RL), Preservation (P) and Drainage Feature Overlay and init
Atlas designations of Low Medium Density Residential (LMDR) and
(P) districts for 1848, 1854 and 1855 Diane Drive; 1716 and 1745
1725, 1729, 1734, 1737 and 1740 Grove Drive; 1752 and 1759 Lucas
1807 and 1843 Marilyn Drive; 1808, 1836 and 1845 Skyland Drive;
Council2012-01-123
Item # 5
Attachment number 1 \nPage 4 of 27
Road 590; 2734 and 2747 Terrace Drive; and 1745 and 1748 Thomas Drive (all
parcels are located in Section 05, Township 29 South, Range 16 E
Ordinances 8303-12, 8304-12 and 8305-12 on first reading. (ATA2011-08003)
The City of Clearwater Planning and Development Department has i
The City of Clearwater Planning and Development Department has i
area within the Clearwater Planning Area with a large concentrat
area within the Clearwater Planning Area with a large concentrat
area within the Clearwater Planning Area with a large concentrat
with Agreements to Annex (ATAs) that are eligible for annexation
with Agreements to Annex (ATAs) that are eligible for annexationwith Agreements to Annex (ATAs) that are eligible for annexation
properties are located east of U.S. Highway 19, north of State R
properties are located east of U.S. Highway 19, north of State Rproperties are located east of U.S. Highway 19, north of State R
south of Sunset Point Road. Subdivisions in this area include Vi
south of Sunset Point Road. Subdivisions in this area include Visouth of Sunset Point Road. Subdivisions in this area include Vi
Terrace and Carlton Terrace. The Department has identified a tot
Terrace and Carlton Terrace. The Department has identified a totTerrace and Carlton Terrace. The Department has identified a tot
properties in this area that could be annexed through a phased approach over the
a phased approach over the a phased approach over the
properties in this area that could be annexed through
next several years.
This application, which has been identified as Phase D of the ov
This application, which has been identified as Phase D of the ovThis application, which has been identified as Phase D of the ov
project, includes 22 of the 189 properties. Current or previous
project, includes 22 of the 189 properties. Current or previous project, includes 22 of the 189 properties. Current or previous
properties entered into ATAs between 1983 and 2005 to obtain san
properties entered into ATAs between 1983 and 2005 to obtain sanproperties entered into ATAs between 1983 and 2005 to obtain san
service. The Planning and Development Department is initiating t
service. The Planning and Development Department is initiating tservice. The Planning and Development Department is initiating t
bring the properties into the City's jurisdiction in compliance
bring the properties into the City's jurisdiction in compliance bring the properties into the City's jurisdiction in compliance
conditions set forth in the agreements. The Phase D properties are occupied by
conditions set forth in the agreements. The Phase D properties aconditions set forth in the agreements. The Phase D properties are occupied by re occupied by
22 detached dwellings on 4.27 acres of land. It is proposed that
22 detached dwellings on 4.27 acres of land. It is proposed that22 detached dwellings on 4.27 acres of land. It is proposed that
1.37 acres of right-of-way throughout this area on Diane Drive, Evans Drive,
1.37 acres of rightofway throughout this area on Diane Drive, Evans Drive, way throughout this area on Diane Drive, Evans Drive,
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Grove Drive, Lucas Drive, Marilyn Drive, Skyland Drive, Terrace
Grove Drive, Lucas Drive, Marilyn Drive, Skyland Drive, Terrace Grove Drive, Lucas Drive, Marilyn Drive, Skyland Drive, Terrace
Thomas Drive right-of-way not currently within the city limits also be annexed
e rightof
Thomas Drivway not currently within the city limits also be annexed way not currently within the city limits also be annexed
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(please refer to the attached annexation map for the specific lo
(please refer to the attached annexation map for the specific lo(please refer to the attached annexation map for the specific lo
proposed that the 22 properties be assigned a future land use ma
proposed that the 22 properties be assigned a future land use maproposed that the 22 properties be assigned a future land use ma
Residential Low (RL). A major drainage ditch traverses two of th
Residential Low (RL). A major drainage ditch traverses two of thResidential Low (RL). A major drainage ditch traverses two of th
(1716 Evans Drive and 2734 Terrace Drive) for which the Preserva
(1716 Evans Drive and 2734 Terrace Drive) for which the Preserva(1716 Evans Drive and 2734 Terrace Drive) for which the Preserva
Drainage Feature Overlay designations are proposed consistent wi
Drainage Feature Overlay designations are proposed consistent wiDrainage Feature Overlay designations are proposed consistent wi
boundaries. It is proposed that all parcels be assigned the zoning designation of
boundaries. It is proposed that all parcels be assboundaries. It is proposed that all parcels be assigned the zoning designation of
Low Medium Density Residential (LMDR) District. In addition, it
Low Medium Density Residential (LMDR) District. In addition, it Low Medium Density Residential (LMDR) District. In addition, it
two properties with the drainage ditch also be assigned the Pres
two properties with the drainage ditch also be assigned the Prestwo properties with the drainage ditch also be assigned the Pres
zoning category.
zoning category.
The Planning and Development Department has determined that the
The Planning and Development Department has determined that the The Planning and Development Department has determined that the
annexation is consistent with the provisions of Community Develo
annexation is consistent with the provisions of Community Develoannexation is consistent with the provisions of Community Develo
Section 4-604.E as follows:
Section 4Section 4
604.E as follows: 604.E as follows:
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The properties currently receive sanitary sewer service from the
The properties currently receive sanitary sewer service from theThe properties currently receive sanitary sewer service from the
service from Pinellas County. Collection of solid waste will be
service from Pinellas County. Collection of solid waste will be service from Pinellas County. Collection of solid waste will be
City. The properties are located within Police District III and
City. The properties are located within Police District III and City. The properties are located within Police District III and
administered through the district headquarters located at 2851 N
administered through the district headquarters located at 2851 Nadministered through the district headquarters located at 2851 N
Road. Fire and emergency medical services will be provided to th
Road. Fire and emergency medical services will be provided to th
by Station 48 located at 1700 Belcher Road. The City has adequat
serve the properties with solid waste, police, fire and EMS serv
will continue to be provided by Pinellas County. The proposed anll not
have an adverse effect on public facility levels of service; and
Council2012-01-124
Item # 5
Attachment number 1 \nPage 5 of 27
The proposed annexation is consistent with and promotes the foll
and policy of the Clearwater Comprehensive Plan:
Policy A.7.1.3: Invoke agreements to annex where properties loca
enclaves meet the contiguity requirements of Florida Statutes Ch
enclaves meet the contiguity requirements of Florida Statutes Ch
Objective A.6.4: Due to the built-out character of the City of Clearwater, compact
out character of the City of Clearwater, compact out character of the City of Clearwater, compact
urban development within the urban service area shall be promoterough
rough rough
urban development within the urban service area shall be promoteurban development within the urban service area shall be promote
application of the Clearwater Community Development Code.
application of the Clearwater Community Development Code. application of the Clearwater Community Development Code.
Objective A.7.2: Diversify and expand the City's tax base throug
Objective A.7.2: Diversify and expand the City's tax base througObjective A.7.2: Diversify and expand the City's tax base throug
of a variety of land uses located within the Clearwater Planning
of a variety of land uses located within the Clearwater Planningof a variety of land uses located within the Clearwater Planning
The proposed Residential Low (RL), Preservation (P) and Drainage
The proposed Residential Low (RL), Preservation (P) and DrainageThe proposed Residential Low (RL), Preservation (P) and Drainage
Overlay Future Land Use Map categories are consistent with the c
Overlay Future Land Use Map categories are consistent with the cOverlay Future Land Use Map categories are consistent with the c
Countywide Plan designation of the properties. The Residential
Countywide Plan designation of the properties. The Residential Countywide Plan designation of the properties. The Residential
designation primarily permits residential uses at a density of 5
designation primarily permits residential uses at a density of 5designation primarily permits residential uses at a density of 5
The Preservation (P) and Drainage Feature Overlay categories pro
The Preservation (P) and Drainage Feature Overlay categories proThe Preservation (P) and Drainage Feature Overlay categories pro
applied to two properties (1716 Evans Drive and Terrace Drive) r
applied to two properties (1716 Evans Drive and Terrace Drive) rapplied to two properties (1716 Evans Drive and Terrace Drive) r
watershed and drainage feature on the properties. The proposed zoning districts
watershed and drainage feature on the properties. The propowatershed and drainage feature on the properties. The proposed zoning districts sed zoning districts
to be assigned to the properties are the Low Medium Density Resi
to be assigned to the properties are the Low Medium Density Resito be assigned to the properties are the Low Medium Density Resi
District and Preservation (P) District. The uses of the subject
District and Preservation (P) District. The uses of the subject District and Preservation (P) District. The uses of the subject
consistent with the uses allowed in the Low Medium Density Resid
consistent with the uses allowed in the Low Medium Density Residconsistent with the uses allowed in the Low Medium Density Resid
District. All of the properties meet the minimum dimensional req
District. All of the properties meet the minimum dimensional reqDistrict. All of the properties meet the minimum dimensional req
Low Medium Density Residential (LMDR) District; therefore, the p
Low Medium Density Residential (LMDR) District; therefore, the pLow Medium Density Residential (LMDR) District; therefore, the p
annexation is consistent with the Countywide Plan, Clearwater Co
annexation is consistent with the Countywide Plan, Clearwater Coannexation is consistent with the Countywide Plan, Clearwater Co
Plan, and Clearwater Community Development Code; and
Plan, and Clearwater Community Development Code; and Plan, and Clearwater Community Development Code; and
The properties proposed for annexation are contiguous to existin
The properties proposed for annexation are contiguous to existinThe properties proposed for annexation are contiguous to existin
along at least one property boundary; therefore, the annexations
along at least one property boundary; therefore, the annexationsalong at least one property boundary; therefore, the annexations
with Florida Statutes Chapter 171.044.
with Florida Statutes Chapter 171.044. with Florida Statutes Chapter 171.044.
Vice Mayor George N. Cretekos moved to approve the annexation, initial Future Land
Vice Mayor George N.Vice Mayor George N.Cretekos moved to approve the annexation, initial Future Land Cretekos moved to approve the annexation, initial Future Land
Use Map designations of Residential Low (RL), Preservation (P) a
Use Map designations of Residential Low (RL), Preservation (P) aUse Map designations of Residential Low (RL), Preservation (P) a
Overlay and initial Zoning Atlas designations of Low Medium Dens
Overlay and initial Zoning Atlas designations of Low Medium DensOverlay and initial Zoning Atlas designations of Low Medium Dens
(LMDR) and Preservation (P) districts for 1848, 1854 and 1855 Di
(LMDR) and Preservation (P) districts for 1848, 1854 and 1855 Di(LMDR) and Preservation (P) districts for 1848, 1854 and 1855 Di
1745 Evans Drive; 1725, 1729, 1734, 1737 and 1740 Grove Drive; 1
1745 Evans Drive; 1725, 1729, 1734, 1737 and 1740 Grove Drive; 11745 Evans Drive; 1725, 1729, 1734, 1737 and 1740 Grove Drive; 1
Lucas Drive; 1807 and 1843 Marilyn Drive; 1808, 1836 and 1845 Sk
Lucas Drive; 1807 and 1843 Marilyn Drive; 1808, 1836 and 1845 SkLucas Drive; 1807 and 1843 Marilyn Drive; 1808, 1836 and 1845 Sk
State Road 590; 2734 and 2747 Terrace Drive; and 1745 and 1748 Thomas Drive (all
State Road 590; 2734 and 2747 Terrace DrivState Road 590; 2734 and 2747 Terrace Driv
parcels are located in Section 05, Township 29 South, Range 16 E. The motion
parcels are located in Section 05, Township 29 South, Range 16 E
was duly seconded and carried unanimously.
Council2012-01-125
Item # 5
Attachment number 1 \nPage 6 of 27
Ordinance 8303-12 was presented and read by title only. Councilmember Paul Gib
moved to pass Ordinance 8303-12 on first reading. The motion was duly seconded and
upon roll call, the vote was:
"Ayes": Mayor Frank Hibbard, Vice Mayor George N. Cretekos, Councilmembe
Mayor Frank Hibbard, Vice Mayor George N. Cretekos, Councilmembe
John Doran, Councilmember Paul Gibson, and Councilmember Bill
John Doran, Councilmember Paul Gibson, and Councilmember Bill
John Doran, Councilmember Paul Gibson, and Councilmember Bill
Jonson.
"Nays": None.
Ordinance 8304-12 was presented and read by title only. Councilmember Bill Jon
12 was presented and read by title only. Councilmember Bill Jon12 was presented and read by title only. Councilmember Bill Jon
moved to pass Ordinance 8304-12 on first reading. The motion was duly seconded and
12 on first reading. The motion was duly seconded and 12 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
George N. Cretekos, Councilmember George N. Cretekos, Councilmember
Mayor Frank Hibbard, Vice Mayor
John Doran, Councilmember Paul Gibson, and Councilmember Bill
John Doran, Councilmember Paul Gibson, and Councilmember Bill John Doran, Councilmember Paul Gibson, and Councilmember Bill
Jonson.
"Nays": None.
Ordinance 8305-12 was presented and read by title only. Councilmember John Dor
Ordinance 830512 was presented and read by title only. Councilmember John Dor12 was presented and read by title only. Councilmember John Dor
-
moved to pass Ordinance 8305-12 on first reading. The motion was duly seconded and
12 on first reading. 12 on first reading.
moved to pass Ordinance 8305moved to pass Ordinance 8305The motion was duly seconded and The motion was duly seconded and
--
upon roll call, the vote was:
upon roll call, the vote was:upon roll call, the vote was:
"Ayes": Mayor Frank Hibbard, Vice Mayor George N. Cretekos, Councilmembe
"Ayes""Ayes"Mayor Frank Hibbard, Vice Mayor George N. Cretekos, CouncilmembeMayor Frank Hibbard, Vice Mayor George N. Cretekos, Councilmembe
::
John Doran, Councilmember Paul Gibson, and Councilmember Bill
John Doran, Councilmember Paul Gibson, and Councilmember Bill John Doran, Councilmember Paul Gibson, and Councilmember Bill
Jonson.
Jonson.Jonson.
"Nays":None.
"Nays"None.
:
7.4 Approve amendments to the Community Development Code to permit p
7.4 7.4 Approve amendments to the Community Development Code to permit pApprove amendments to the Community Development Code to permit p
dogs within certain designated outdoor portions of public food s
dogs within certain designated outdoor portions of public food sdogs within certain designated outdoor portions of public food s
establishments and establish criteria and permits for Dog Friend
establishments and establish criteria and permits for Dog Friendestablishments and establish criteria and permits for Dog Friend
Pass Ordinance 8306-12 on first reading. (TA2011-10002)
Pass Ordinance 8306Pass Ordinance 8306
City Council requested that staff prepare a text amendment allowing the presence
City Council requested that staff prepare a text amendment City Council requested that staff prepare a text amendment
of patrons' dogs in restaurants and/or outdoor cafes consistent with Florida
of patrons' dogs in restaurants and/or outdoor cafes of patrons' dogs in restaurants and/or outdoor cafes
Statutes Section 509.233, the "Dixie Cup Clary Local Control Act
Statutes Section 509.233, the "Dixie Cup Clary Local Control ActStatutes Section 509.233, the "Dixie Cup Clary Local Control Act
amendment creates a new Article III, Division 25, Dog Friendly Restaurants,
which contains: application requirements, expiration and revocat
regulations for establishments that receive permits to allow dog
outdoor areas to follow; and a process for complaints and reportrmits to
Council2012-01-126
Item # 5
Attachment number 1 \nPage 7 of 27
the Florida Department of Business and Professional Regulation,
Hotels and Restaurants.
The Community Development Board reviewed the proposed text amend
their meeting on December 20, 2011 and unanimously recommended aof
their meeting on December 20, 2011 and unanimously recommended a
Ordinance 8306-12.
Councilmember John Doran moved to approve amendments to the Community
pprove amendments to the Community pprove amendments to the Community
Development Code to permit patrons dogs within certain designate
Development Code to permit patrons dogs within certain designateDevelopment Code to permit patrons dogs within certain designate
public food service establishments and establish criteria and pe Friendly
public food service establishments and establish criteria and pepublic food service establishments and establish criteria and peFriendly Friendly
Dining. The motion was duly seconded and carried unanimously.
. The motion was duly seconded and carried unanimously.. The motion was duly seconded and carried unanimously.
Ordinance 8306-12 was presented and read by title only. Councilmember Paul Gib
12 was presented and read by title only. Councilmember Paul Gib12 was presented and read by title only. Councilmember Paul Gib
moved to pass Ordinance 8306-12 on first reading. The motion was duly seconded and
12 on first reading. The motion was duly seconded and 12 on first reading. The motion was duly seconded and
upon roll call, the vote was:
"Ayes": Mayor Frank Hibbard, Vice Mayor George N. Cretekos, Councilmembe
Mayor Frank Hibbard, Vice Mayor George N. Cretekos, CouncilmembeMayor Frank Hibbard, Vice Mayor George N. Cretekos, Councilmembe
John Doran, Councilmember Paul Gibson, and Councilmember Bill
John Doran, Councilmember Paul Gibson, and Councilmember Bill John Doran, Councilmember Paul Gibson, and Councilmember Bill
Jonson.
"Nays": None.
None.
7.5 Approve amendments to the Community Development Code (CDC) to ad
Approve amendments to the Community Development Code (CDC) to adApprove amendments to the Community Development Code (CDC) to ad
general application requirements, zoning atlas amendments, lands
general application requirements, zoning atlas amendments, landsgeneral application requirements, zoning atlas amendments, lands
general provisions of the CDC, setbacks for parking lots, parkin
general provisions of the CDC, setbacks for parking lots, parkingeneral provisions of the CDC, setbacks for parking lots, parkin
studies, temporary uses, business tax receipts, development agre
studies, temporary uses, business tax receipts, development agrestudies, temporary uses, business tax receipts, development agre
nonconforming structures, nonconforming uses, nonconforming lots
nonconforming structures, nonconforming uses, nonconforming lotsnonconforming structures, nonconforming uses, nonconforming lots
nonconforming accessory use/structures, and the definition of te
nonconforming accessory use/structures, and the definition of tenonconforming accessory use/structures, and the definition of te
sales and displays and pass Ordinance 8310-12 on first reading.
sales and displays and pass Ordinance 8310sales and displays and pass Ordinance 8310
The Planning and Development Department is proposing a text amen
The Planning and Development Department is proposing a text amenThe Planning and Development Department is proposing a text amen
Community Development Code (CDC) that would address some of the
Community Development Code (CDC) that would address some of the Community Development Code (CDC) that would address some of the
more straightforward changes that can be made to address the rec
more straightforward changes that can be made to address the recmore straightforward changes that can be made to address the rec
of the Business Task Force (BTF) or that would otherwise assist
of the Business Task Force (BTF) or that would otherwise assist of the Business Task Force (BTF) or that would otherwise assist
goals as well as a few amendments proposed by staff.
goals as well as a few amendments proposed by staff. goals as well as a few amendments proposed by staff.
The proposed ordinance includes amendments addressing a variety
The proposed ordinance includes amendments addressing a variety The proposed ordinance includes amendments addressing a variety
sections of the CDC. As noted above, some of the amendments were
sections of the CDC. As noted above, some of the amendments weresections of the CDC. As noted above, some of the amendments were
recommended by the BTF while others were initiated by staff. The f
brief description of those amendments:
General Application Requirements for All Development Application
Council2012-01-127
Item # 5
Attachment number 1 \nPage 8 of 27
The BTF identified several items that were required in order to
application for development that they believed to be unnecessary
discussions with members of the BTF to discuss these requirement
the items they suggested be removed from the typical list of req
proposed to be removed with this amendment.
Application Requirements for Zoning Atlas Amendments
This amendment eliminates the need for a development application
This amendment eliminates the need for a development applicationThis amendment eliminates the need for a development application
concurrently with a rezoning request.
Application Requirements for Landscape Plans
This amendment strikes much of the existing language pertaining to what i
dment strikes much of the existing language pertaining to what idment strikes much of the existing language pertaining to what i
required on a landscape plan and provides a reference to additio
required on a landscape plan and provides a reference to additiorequired on a landscape plan and provides a reference to additio
that the Community Development Coordinator may require of an app
that the Community Development Coordinator may require of an appthat the Community Development Coordinator may require of an app
General Provisions
This amendment strikes references to minimum lot depth and minimum habitable
trikes references to minimum lot depth and minimum habitable trikes references to minimum lot depth and minimum habitable
area, neither of which are required within the CDC.
area, neither of which are required within the CDC.area, neither of which are required within the CDC.
Parking Lot Setbacks
Parking Lot Setbacks
In an effort to provide for a simpler application process, staff
In an effort to provide for a simpler application process, staffIn an effort to provide for a simpler application process, staff
setbacks relevant to parking lots be exempted from the standard
setbacks relevant to parking lots be exempted from the standard setbacks relevant to parking lots be exempted from the standard
established in the various zoning districts and instead require -foot front
established in the various zoning districts and instead require established in the various zoning districts and instead require foot front
--
foot front
setback and a side setback equal to the required perimeter lands
setback and a side setback equal to the required perimeter landssetback and a side setback equal to the required perimeter lands
alternatives for properties in the Tourist (T) and Downtown (D) Districts.
alternatives for properties in the Tourist (T) and Downtownalternatives for properties in the Tourist (T) and Downtown(D) Districts.(D) Districts.
Parking Demand Studies
Parking Demand StudiesParking Demand Studies
This amendment modifies when applicants are required to prepare
This amendment modifies when applicants are required to prepare This amendment modifies when applicants are required to prepare
demand study in conjunction with a request to reduce the amount -street
demand study in conjunction with a request to reduce the amount demand study in conjunction with a request to reduce the amount
parking required by the CDC.
parking required by the CDC.parking required by the CDC.
Temporary Uses
Temporary Uses
The purpose of this amendment is to restate the temporary use pr
The purpose of this amendment is to restate the temporary use prThe purpose of this amendment is to restate the temporary use pr
manner that will provide all applicants' greater clarity in what
manner that will provide all applicants' greater clarity in whatmanner that will provide all applicants' greater clarity in what
what is required in order to apply. The proposed amendment neith
what is required in order to apply. The proposed amendment neithwhat is required in order to apply. The proposed amendment neith
adds any type of temporary use.
adds any type of temporary use.adds any type of temporary use.
Business Tax Receipts
Business Tax Receipts Business Tax Receipts
This language presently exists as part of Section 4-202.A; however with the
his language presently exists as part of Section 4his language presently exists as part of Section 4
changes being proposed to this Section, it was out of place if i
changes being proposed to this Section, it was out of place if ichanges being proposed to this Section, it was out of place if i
Therefore, it is being relocated into Section 4-205, which is specific to Business
Therefore, it is being relocated into Section 4
Tax Receipts.
Application Requirements for Development Agreements
Council2012-01-128
Item # 5
Attachment number 1 \nPage 9 of 27
This amendment makes only minor alterations to a pair of referen
existing language.
Purpose of Nonconforming Provisions
The purpose of this amendment is to restate the purpose of the n
The purpose of this amendment is to restate the purpose of the n
provisions, and to make it clear that the purpose of the CDC is
provisions, and to make it clear that the purpose of the CDC is
provisions, and to make it clear that the purpose of the CDC is
nonconformities to continue but to bring them into compliance.
Nonconforming Structures
This amendment removes irrelevant language, language contrary to
This amendment removes irrelevant language, language contrary toThis amendment removes irrelevant language, language contrary to
of these provisions, and language that is prohibitory to propert
of these provisions, and language that is prohibitory to propertof these provisions, and language that is prohibitory to propert
to rent/lease building space, as well as providing additional la
to rent/lease building space, as well as providing additional lato rent/lease building space, as well as providing additional la
an element not previously conceived in these provisions: the mov
an element not previously conceived in these provisions: the movan element not previously conceived in these provisions: the mov
nonconforming structures.
Nonconforming Uses
This amendment removes irrelevant language, and provides additio
This amendment removes irrelevant language, and provides additioThis amendment removes irrelevant language, and provides additio
addressing an element not previously conceived in these provisio
addressing an element not previously conceived in these provisioaddressing an element not previously conceived in these provisio
of nonconforming uses.
of nonconforming uses.
Nonconforming Lots
Nonconforming Lots
This amendment modifies subsection A to extend the applicability
This amendment modifies subsection A to extend the applicabilityThis amendment modifies subsection A to extend the applicability
to all lots within the City and not just residential lots. Subse
to all lots within the City and not just residential lots. Subseto all lots within the City and not just residential lots. Subse
an exception for residential lots with only minor corrections be
an exception for residential lots with only minor corrections bean exception for residential lots with only minor corrections be
Nonconforming Accessory Uses/Structures
Nonconforming Nonconforming Accessory Uses/StructuresAccessory Uses/Structures
This amendment clarifies that an accessory structure is required
This amendment clarifies that an accessory structure is requiredThis amendment clarifies that an accessory structure is required
development standards for a principal use in order to be allowed
development standards for a principal use in order to be alloweddevelopment standards for a principal use in order to be allowed
the principal use of the property is abandoned or destroyed.
the principal use of the property is abandoned or destroyed.the principal use of the property is abandoned or destroyed.
Definition of Temporary Retail Sales and Displays
Definition of Temporary Retail Sales and Displaysion of Temporary Retail Sales and Displays
This amendment removes language from the definition of temporary
This amendment removes language from the definition of temporaryThis amendment removes language from the definition of temporary
and displays that is not relevant this type of temporary use.
and displays that is not relevant this type of temporary use.and displays that is not relevant this type of temporary use.
The CDB reviewed the proposed text amendment at its meeting of D 20,
The CDB reviewed the proposed text amendment at its meeting of DThe CDB reviewed the proposed text amendment at its meeting of D
2011 and unanimously recommended approval.
2011 and unanimously recommended approval.2011 and unanimously recommended approval.
Councilmember Bill Jonson moved to approve amendments to the Com
Councilmember Bill Jonson moved to approve amendments to the ComCouncilmember Bill Jonson moved to approve amendments to the Com
Development Code (CDC) to address general application requiremen
Development Code (CDC) to address general application requiremen
amendments, landscape plans, general provisions of the CDC, setbacks for parking
lots, parking demand studies, temporary uses, business tax recei
agreements, nonconforming structures, nonconforming uses, noncon
Council2012-01-129
Item # 5
Attachment number 1 \nPage 10 of 27
nonconforming accessory use/structures, and the definition of te
and displays. The motion was duly seconded and carried unanimously.
Ordinance 8310-12 was presented and read by title only. Councilmember John Dor
moved to pass Ordinance 8310-12 on first reading. The motion was duly seconded and
12 on first reading. The motion was duly seconded and
upon roll call, the vote was:
"Ayes": Mayor Frank Hibbard, Vice Mayor George N. Cretekos, Councilmembe
Mayor Frank Hibbard, Vice Mayor George N. Cretekos, CouncilmembeMayor Frank Hibbard, Vice Mayor George N. Cretekos, Councilmembe
John Doran, Councilmember Paul Gibson, and Councilmember Bill
John Doran, Councilmember Paul Gibson, and Councilmember Bill John Doran, Councilmember Paul Gibson, and Councilmember Bill
Jonson.
"Nays": None.
7.6 Approve the first amendment to the first amended and restated De
Approve the first amendment to the first amended and restated DeApprove the first amendment to the first amended and restated De
Agreement between K and P Clearwater Estate, LLC (the property o
Agreement between K and P Clearwater Estate, LLC (the property oAgreement between K and P Clearwater Estate, LLC (the property o
the City of Clearwater, adopt Resolution 12-02, and authorize the appropriate
the City of Clearwater, adopt Resolution 12
02, and authorize the appropriate 02, and authorize the appropriate
-
officials to execute same.
officials to execute same.
The 2.75 acres is located directly south of Pier 60 between Coro
The 2.75 acres is located directly south of Pier 60 between CoroThe 2.75 acres is located directly south of Pier 60 between Coro
South Gulfview Boulevard, north of Second Street.
South Gulfview Boulevard, north of Second Street.South Gulfview Boulevard, north of Second Street.
The subject property is currently vacant, but used as a temporar
The subject property is currently vacant, but used as a temporarThe subject property is currently vacant, but used as a temporar
parking lot.
parking lot.
On October 21, 2008, the CDB approved FLD2008-05013. This application
On October 21, 2008, the CDB approved FLD2008On October 21, 2008, the CDB approved FLD2008
05013. This application 05013. This application
-
consisted of a "resort hotel" containing 250 overnight accommoda
consisted of a "resort hotel" containing 250 overnight accommodaconsisted of a "resort hotel" containing 250 overnight accommoda
200 interval ownership/timeshare rooms - a total of 450 rooms (163.6 rooms/acre
200 interval ownership/timeshare rooms 200 interval ownership/timeshare rooms a total of 450 rooms (163.6 rooms/acre a total of 450 rooms (163.6 rooms/acre
-
on total site) with 250 rooms being granted to the project from
on total site) with 250 rooms being granted to the project from on total site) with 250 rooms being granted to the project from
Resort Density Pool, and a maximum of 37,000 square feet (0.31 F
Resort Density Pool, and a maximum of 37,000 square feet (0.31 FResort Density Pool, and a maximum of 37,000 square feet (0.31 F
site) of amenities accessory to the hotel at a height of 150 fee
site) of amenities accessory to the hotel at a height of 150 feesite) of amenities accessory to the hotel at a height of 150 fee
included with the application was the vacation of the former ped
included with the application was the vacation of the former pedincluded with the application was the vacation of the former ped
landing area right-of-way on the northwest corner of the site and the dedication of
ofof
landing area rightway on the northwest corner of the site and the deway on the northwest corner of the site and the de
---
additional right-of-way at the intersection of S. Gulfview Boulevard and Coronado
additional rightofway at the intersection of S. Gulfview Boulevard and Coronado way at the intersection of S. Gulfview Boulevard and Coronado
--
Drive.
Drive.
Drive.
At its meeting of December 18, 2008, the City Council approved t
At its meeting of December 18, 2008, the City Council approved tAt its meeting of December 18, 2008, the City Council approved t
Development Agreement (DVA2008-00001) to the above FLD application. In
Development Agreement (DVA2008Development Agreement (DVA2008
addition to addressing those elements directly associated with the new
additiaddition to addressing those elements directly associated with the newon to addressing those elements directly associated with the new
development approval, the amendment also reestablished the "Effe
development approval, the amendment also reestablished the "Effedevelopment approval, the amendment also reestablished the "Effe
the Development Agreement - extending the overall life of the agreement until
the Development Agreement the Development Agreement
April 2019, but more importantly extending the developers deadli
construction until February 11, 2012.
The proposed amendment is in compliance with the standards for d
agreements, is consistent with the Comprehensive Plan and furthe
Council2012-01-1210
Item # 5
Attachment number 1 \nPage 11 of 27
beach redevelopment set forth in Beach by Design. The Developmen
will be in effect for a period not to exceed ten (10) years and
main provisions:
Clarifies that the applicant is no longer seeking interval owner
Clarifies that the applicant is no longer seeking interval owner
for the units/rooms;
Provides a breakdown of the floor area dedicated to meeting spac
Provides a breakdown of the floor area dedicated to meeting spacProvides a breakdown of the floor area dedicated to meeting spac
Deletes a paragraph pertaining to interval ownership/timeshare u
Deletes a paragraph pertaining to interval ownership/timeshare uDeletes a paragraph pertaining to interval ownership/timeshare u
depicted on the development plan (Exhibit B);
Adds language to three sections of the Development Agreement sta
Adds language to three sections of the Development Agreement staAdds language to three sections of the Development Agreement sta
applicant is requesting an extension of the Effective Date from
applicant is requesting an extension of the Effective Date from applicant is requesting an extension of the Effective Date from
to on or about February 11, 2012. Based upon this change, the ap
to on or about February 11, 2012. Based upon this change, the apto on or about February 11, 2012. Based upon this change, the ap
have an additional three years during which they must commence c
have an additional three years during which they must commence chave an additional three years during which they must commence c
lose the 250 overnight accommodation units having been received
lose the 250 overnight accommodation units having been received lose the 250 overnight accommodation units having been received
Destination Resort Density Pool.
Destination Resort Density Pool.
The Community Development Board reviewed this Development Agreem
The Community Development Board reviewed this Development AgreemThe Community Development Board reviewed this Development Agreem
application (DVA2008-00001A) at its public hearing on December 20, 2011 and
application (DVA200800001A) at its public hearing on December 20, 2011 and 00001A) at its public hearing on December 20, 2011 and
-
unanimously recommended approval of the application.
unanimously recommended approval of the application.unanimously recommended approval of the application.
In response to a question, the City Attorney said the developmen
In response to a question, the City Attorney said the developmenIn response to a question, the City Attorney said the developmen
the amendment to the final milestones as requested by Council at the work session
the final milestones asfinal milestones asrequested by Council at the work session requested by Council at the work session
the amendmentthe amendmentto to
the
regarding the Hotel/Resort Manager criteria.
the Hotel/Resort Manager criteria. the Hotel/Resort Manager criteria.
regarding regarding
Applicant representative Michael Foley said the applicant has en into active
Applicant representative Michael Foley said the applicant has enApplicant representative Michael Foley said the applicant has en
negotiations with Marriot; the convention and meeting space can .
negotiations with Marriot; the convention and meeting space can negotiations with Marriot; the convention and meeting space can
The project will increase the ad valorem tax base in Clearwater and is expected to
The project will increase the ad valorem tax base inThe project will increase the ad valorem tax base in
create 750 jobs.
create 750 jobs.
create 750 jobs.
One individual spoke in opposition.
One individual spoke in opposition.One individual spoke in opposition.
In response to a question, Planning and Development Director Michael Delk said th
In response to In response to question, Planning and Development Director Michael Delk said thquestion, Planning and Development Director Michael Delk said th
a
number of units is not being reduced from the original proposal but the intensity of the
number of units is nnumber of units is not ot being reduced from the original proposal but the ibeing reduced from the original proposal but the i
units. The approved plan includes 250 overnight accommodation units and 200 interval
units. units. The approved plan includes 250 overnight accommodation unitsThe approved plan includes 250 overnight accommodation units
ownership units; the proposed plan includes 450 overnight accomm.
ownership units; the proposed plan includes 450 overnight accommownership units; the proposed plan includes 450 overnight accomm
The City Attorney said the development agreement as currently adopted has an Exhibit
The City AttorneyThe City Attorney
B attached, which is the currently approved site plan. The site
B attached, which is the currently approved site plan. The site
Beach by Design; any changes to the site plan must come back to
of the site plan and substitution of Exhibit B. When the site p Council for
approval, review will be limited to finding compliance with Beac
Council2012-01-1211
Item # 5
Attachment number 1 \nPage 12 of 27
In response to a question, applicant representative Bill West sa
was reduced by 20% from the original proposal, creating significal relief.
Discussion ensued regarding history of the project with concernsthe
applicant may seek another extension.
Vice Mayor George N. Cretekos moved to approve the first amendment to the first
pprove the first amendment to the first pprove the first amendment to the first
amended and restated Development Agreement between K and P Clearwater Estate,
nt between K and P Clearwater Estate, nt between K and P Clearwater Estate,
LLC (the property owner) and the City of Clearwater. The motion
LLC (the property owner) and the City of Clearwater. The motionLLC (the property owner) and the City of Clearwater. The motion
Mayor Frank Hibbard, Vice Mayor George N. Cretekos and Councilme
Mayor Frank Hibbard, Vice Mayor George N. Cretekos and CouncilmeMayor Frank Hibbard, Vice Mayor George N. Cretekos and Councilme
Doran and Bill Jonson voted Aye; Councilmember Paul Gibson vot
Doran and Bill Jonson voted Aye; Councilmember Paul Gibson votDoran and Bill Jonson voted Aye; Councilmember Paul Gibson vot
Motion carried.
Resolution 12-02 was presented and read by title only. Councilmember Paul Gib
02 was presented and read by title only. Councilmember Paul Gib02 was presented and read by title only. Councilmember Paul Gib
moved to adopt Resolution 12-02. The motion was duly seconded and upon roll call,
02. The motion was duly seconded and upon roll call, 02. The motion was duly seconded and upon roll call,
the vote was:
"Ayes": Mayor Frank Hibbard, Vice Mayor George N. Cretekos, Councilmember
George N. Cretekos, Councilmember George N. Cretekos, Councilmember
Mayor Frank Hibbard, Vice Mayor Mayor Frank Hibbard, Vice Mayor
John Doran, and Councilmember Bill Jonson.
John Doran, and Councilmember Bill Jonson.John Doran, and Councilmember Bill Jonson.
"Nays": Councilmember Paul Gibson.
Councilmember Paul Gibson.Councilmember Paul Gibson.
Motion carried.
Motion carried.
The Council recessed from 7:49 p.m. to 7:59 p.m.
The Council recessed from The Council recessed from 494959
7:7:p.m. to p.m. to 7:
p.m.p.m.
8. Quasi-judicial Public Hearings
QuasiQuasi
8. 8. judicial Public Hearingsjudicial Public Hearings
--
8.1 Deny a Future Land Use Map Amendment from the Institutional (I)
8.1 Deny a Future Land Use Map Amendment from the Institutional (I) Deny a Future Land Use Map Amendment from the Institutional (I)
to the Industrial Limited (IL) classification and a Zoning Atlas amendm
to theIndustrial Limited (IL) classification and a Zoning Atlas amendmIndustrial Limited (IL) classification and a Zoning Atlas amendm
the Institutional (I) District to the Industrial, Research and T
the Institutional (I) District to the Industrial, Research and Tthe Institutional (I) District to the Industrial, Research and T
District, and a Development Agreement between AEC Sunset Point,
District, and a Development Agreement between AEC Sunset Point, District, and a Development Agreement between AEC Sunset Point,
property owner) and the City of Clearwater for property located
property owner) and the City of Clearwater for property located property owner) and the City of Clearwater for property located
Sunset Point Road (Lot 2 and a portion of Lot 1, The Elks Subdiv
Sunset Point Road (Lot 2 and a portion of Lot 1, The Elks SubdivSunset Point Road (Lot 2 and a portion of Lot 1, The Elks Subdiv
pass Ordinances 8294-12and 8295-12 on first reading and do not pass
pass Ordinances 8294pass Ordinances 829412and 829512and 8295
--
Resolution 12-01. (LUP2011-09003, REZ2011-09006 and DVA2011-10001)
Resolution 12Resolution 1201. (LUP201101. (LUP2011
-
This Future Land Use Map amendment, rezoning application and dev
This Future Land Use Map amendment, rezoning application and devThis Future Land Use Map amendment, rezoning application and dev
agreement involve the northeastern portion of 2750 and 2754 Suns
agreement involve the northeastern portion of 2750 and 2754 Sunsagreement involve the northeastern portion of 2750 and 2754 Suns
totaling 6.571 acres of a 19.42 acre property, located on the no
totaling 6.571 acres of a 19.42 acre property, located on the nototaling 6.571 acres of a 19.42 acre property, located on the no
Point Road, approximately 477 feet west of Soule Road. This prope
oint Road, approximately 477 feet west of Soule Road. This propeoint Road, approximately 477 feet west of Soule Road. This prope
future land use classification of Institutional (I) and is in th
district. The applicant is requesting to amend the future land u
Industrial Limited (IL) classification and the zoning designation to I
Research and Technology (IRT) District.
Council2012-01-1212
Item # 5
Attachment number 1 \nPage 13 of 27
The subject site was formerly owned by the Clearwater Elks Lodge
as such until 2000; in 2002 the site was sold to AEC Sunset Poin
property currently has two buildings (6,840 square feet and 3,66
one on each parcel, with small parking lots and driveways to the
traverse the length of the property and connect to Sunset Point
traverse the length of the property and connect to Sunset Point
property owner intends to expand the current nonconforming manufactur
rty owner intends to expand the current nonconforming manufactur
rty owner intends to expand the current nonconforming manufactur
to 130,000 square feet.
The Planning and Development Department has determined that the
The Planning and Development Department has determined that the The Planning and Development Department has determined that the
Future Land Use Map amendment and Zoning Atlas amendment is inco
Future Land Use Map amendment and Zoning Atlas amendment is incoFuture Land Use Map amendment and Zoning Atlas amendment is inco
with the Community Development Code as specified below:
with the Community Development Code as specified below: with the Community Development Code as specified below:
The proposed amendment is inconsistent with the Comprehensive Plan, the
The proposed amendment is inconsistent with the Comprehensive Plan, the rehensive Plan, the
Countywide Plan Rules, and the Community Development Code.
Countywide Plan Rules, and the Community Development Code. Countywide Plan Rules, and the Community Development Code.
The proposed amendment conflicts with the character of the neigh
The proposed amendment conflicts with the character of the neighThe proposed amendment conflicts with the character of the neigh
The available uses in the Industrial, Research and Technology (I
The available uses in the Industrial, Research and Technology (IThe available uses in the Industrial, Research and Technology (I
incompatible with the surrounding area.
incompatible with the surrounding area.
incompatible with the surrounding area.
In accordance with the Countywide Plan Rules, the land use plan
In accordance with the Countywide Plan Rules, the land use plan In accordance with the Countywide Plan Rules, the land use plan
subject to the approval of the Pinellas Planning Council and the
subject to the approval of the Pinellas Planning Council and thesubject to the approval of the Pinellas Planning Council and the
Commissioners acting as the Countywide Planning Authority. The as a
Commissioners acting as the Countywide Planning Authority. The aCommissioners acting as the Countywide Planning Authority. The a
small-scale amendment, so review and approval by the Florida Departmen
smallscale amendment, so review and approval by the Florida Departmenscale amendment, so review and approval by the Florida Departmen
-
small-
Economic Opportunity is not required.
Economic Opportunity is not required. Economic Opportunity is not required.
The applicant is requesting approval of a Development Agreement
The applicant is requesting approval of a Development Agreement The applicant is requesting approval of a Development Agreement
with the proposed Future Land Use Map amendment and Zoning Atlas
with the proposed Future Land Use Map amendment and Zoning Atlaswith the proposed Future Land Use Map amendment and Zoning Atlas
amendment. Manufacturing use of up to 130,000 square feet of non-residential
amendment. Manufacturing use of up to 130,000 square feet of nonamendment. Manufacturing use of up to 130,000 square feet of non
floor area (0.45 Floor Area Ratio) at a maximum height of 35 fee
floor area (0.45 Floor Area Ratio) at a maximum height of 35 feefloor area (0.45 Floor Area Ratio) at a maximum height of 35 fee
whereas the Community Development Code would allow 186,051 squar
whereas the Community Development Code would allow 186,051 squarwhereas the Community Development Code would allow 186,051 squar
(0.65 Floor Area Ratio) at a maximum height of 50 feet. The proposed
(0.65 Floor Area Rat(0.65 Floor Area Rat
io) at a maximum height of 50 feet. The proposed io) at a maximum height of 50 feet. The proposed
Development Agreement will be in effect for a period not to exce
Development Agreement will be in effect for a period not to exceDevelopment Agreement will be in effect for a period not to exce
years and requires the Developer to limit the use of the propert
years and requires the Developer to limit the use of the propertyears and requires the Developer to limit the use of the propert
outdoor retail sales, display and/or storage, research and techn
outdoor retail sales, display and/or storage, research and technoutdoor retail sales, display and/or storage, research and techn
manufacturing. The proposed Agreement will prohibit such uses as
manufacturing. The proposed Agreement will prohibit such uses asmanufacturing. The proposed Agreement will prohibit such uses as
facility, major vehicle service, adult uses, nightclubs and salv
facility, major vehicle service, adult uses, nightclubs and salvfacility, major vehicle service, adult uses, nightclubs and salv
The Planning and Development Department has determined that the
The Planning and Development Department has determined that the The Planning and Development Department has determined that the
Development Agreement is inconsistent with the City's Comprehensive
DeveDevelopment Agreement is inconsistent with the City's Comprehensive lopment Agreement is inconsistent with the City's Comprehensive
The Community Development Board (CDB) reviewed these applications at its
public hearing on December 20, 2011 and recommended approval (6-1) of the
Future Land Use Plan amendment, Zoning Atlas amendment and Development
Agreement.
Council2012-01-1213
Item # 5
Attachment number 1 \nPage 14 of 27
LUP - AdministrativePublic Hearing
In response to questions, Planner Catherine Lee said the citywide design structure map
structure map
said the citywide design
designates the enterprise zones, activity centers and redevelopmnning
designates the enterprise zones, activity centers and redevelopmdesignates the enterprise zones, activity centers and redevelopmnning
and Development Assistant Director Gina Clayton said the citys
and Development Assistant Director Gina Clayton said the citys and Development Assistant Director Gina Clayton said the citys
are located in the Hercules Industrial area, Clearwater Beach, Countryside Mall and
Hercules Industrial area, Clearwater Beach, Countryside Mall andHercules Industrial area, Clearwater Beach, Countryside Mall and
Downtown. The Institutional Zoning District allows places of worship, schools, assisted
Institutional Zoning District allows places of worship, schools,Institutional Zoning District allows places of worship, schools, assisted assisted
living facilities, independent living facilities, cemeteries, go
living facilities, independent living facilities, cemeteries, goliving facilities, independent living facilities, cemeteries, go
nursing homes, parks and recreation, accessory dwellings, airpor
nursing homes, parks and recreation, accessory dwellings, airpornursing homes, parks and recreation, accessory dwellings, airpor
medical clinics, parking garages, transportation facilities, andtial shelters.
medical clinics, parking garages, transportation facilities, andmedical clinics, parking garages, transportation facilities, andtial shelters. tial shelters.
Ms. Lee said CDB members have expressed that expanding non-tourism based
Ms. Lee said CDB members have expressed that expanding nontourism based tourism based
Ms. Lee said CDB members have expressed that expanding non
--
businesses was one of the intents of the comprehensive plan and supported the
businesses was one of the intents of the comprehensive plan and and supported the supported the
economic opportunities that may be provided through this change.wood Drive
economic opportunities that may be provided through this change.economic opportunities that may be provided through this change.ood Drive
ww
ood Drive
was being used as an access point by AEC; at some point a fence was erected, which
being used as an access point by AEC; at some point a fence was erected, which ; at some point a fence was erected, which
limited the access. Staff has received letters from residents on Robinwood Drive
taff has received letters from residents on Robintaff has received letters from residents on Robinood Drive ood Drive
w
opposing the request; expressing concerns with potential height.
opposing the request; expressing concerns with potential height.opposing the request; expressing concerns with potential height.
Applicant representative Ed Hooper said the applicant has been manufacturing aviation
Hooper said the applicant Hooper said the applicant has been manufacturing aviation has been manufacturing aviation
Applicant representative Ed
products at this location for 9 years. Expert Planner Richard Ge
products at this location for 9 years. Expert Planner Richard Geproducts at this location for 9 years. Expert Planner Richard Ge
existing employment center with 40 jobs with average salary of $ The future
existing employment center with 40 jobs with average salary of $existing employment center with 40 jobs with average salary of $
The future
land use plan amendment and rezoning are needed in order to expand the site to
rezoning are needed in order rezoning are needed in order
land use plan amendment andto expand the site to expand the site to
land use plan amendment and
accommodate 355 employees. There is a small residential area to the east of the
accommodate 355 employees. There is a small residential area taccommodate 355 employees. There is a small residential area to the east of the o the east of the
property site.
property site.property site.
Two individuals spoke in opposition.
Two individuals spoke in opposition.Two individuals spoke in opposition.
In response to questions, Mr. Hooper said the applicant has been offered various
In response toquestionquestion, Mr. Hooper said, Mr. Hooper saidthe applicant has been offe
ss
incentives to relocate his business to Ashland, North Carolina;
incentives to relocate his business to Ashland, North Carolina; incentives to relocate his business to Ashland, North Carolina;
Park, Georgia; Pasco County, City of Saint Petersburg and City oThe
Park, Georgia; Pasco County, City of Saint Petersburg and City oPark, Georgia; Pasco County, City of Saint Petersburg and City o
conceptual site plan has a 25 ft. buffer setback to pavement/parnd 50 ft. to any
conceptual site plan has a 25 ft. buffer setback to pavement/parconceptual site plan has a 25 ft. buffer setback to pavement/par
structure between the residential component. Planning and Devel
structure between the residential component. Planning and Develstructure between the residential component. Planning and Devel
Michael Delk said the preservation area on the west side is wetl
Michael Delk said the preservation area on the west side is wetlMichael Delk said the preservation area on the west side is wetl
Discussion ensued with concerns expressed regarding noise levels
Discussion ensued with concerns expressed regarding noise levelsDiscussion ensued with concerns expressed regarding noise levels
manufacturing process. Kamran Rouhani, applicant, said the proposed expansion will
manufacturing process. manufacturing process.
KamranKamran
not amplify the existing noise level. There will be no stamping operations or giant saws;
not amplify not amplify tthe existing he existing
the products are produced in a closed glass chamber via robotics.
he products are produced in a closed glass chamber via robotics.he products are produced in a closed glass chamber via robotics.
Councilmember John Doran read the review standardsfor land use changes.
Councilmember John Doran read the review standards
Councilmember Paul Gibson moved to approve a Future Land Use Map Amendment
from the Institutional (I) classification to the Industrial Limited (IL) classification. The
motion was duly seconded.
Council2012-01-1214
Item # 5
Attachment number 1 \nPage 15 of 27
A concern was expressed with allowing outdoor storage.
Upon the vote being taken, Mayor Frank Hibbard, Vice Mayor Georg
Councilmember John Doran and Councilmember Paul Gibson voted Aye;
Councilmember Bill Jonson voted Nay.
Motion carried.
Ordinance 8294-12 was presented and read by title only. Councilmember John Dor
12 was presented and read by title only. Councilmember John Dor12 was presented and read by title only. Councilmember John Dor
moved to pass Ordinance 8294-12 on first reading. The motion was duly seconded and
12 on first reading. The motion was duly seconded12 on first reading. The motion was duly seconded
and and
upon roll call, the vote was:
"Ayes": Mayor Frank Hibbard, Vice Mayor George N. Cretekos, Councilmembe
Mayor Frank Hibbard, Vice Mayor George N. Cretekos, CouncilmembeMayor Frank Hibbard, Vice Mayor George N. Cretekos, Councilmembe
John Doran, and Councilmember Paul Gibson.
John Doran, and Councilmember Paul Gibson.
"Nays":Councilmember Bill Jonson.
Councilmember Bill Jonson.
Motion carried.
REZ – Quasi-judicial Public Hearing
Hearing
Public
judicial
One individual spoke in opposition. Two individuals spoke in suppor
individual spoke in opposition. Two individuals spoke in supporindividual spoke in opposition. Two individuals spoke in suppor
expressing concerns regarding traffic impact.
expressing concerns regarding traffic impact.expressing concerns regarding traffic impact.
In response to questions, Mr. Hooper said the federal CAGE (Commercial and
federal federal CAGE
In responseto questions, Mr. Hooper to questions, Mr. Hooper said the (Commercial and (Commercial and
In response
Government Entity) code assigned to the applicant is 1YXW9. The code is required in
Government Entity) code assigned to the applicant is 1YXW9.Government Entity) code assigned to the applicant is 1YXW9.
The code is required in The code is required in
order to do business with the federal government. On December 3
order to do business with the federal government. On December 3order to do business with the federal government. On December 3
applicant invited all the neighbors to a meeting to discuss conc
applicant invited all the neighbors to a meeting to discuss concapplicant invited all the neighbors to a meeting to discuss conc
attended. Mr. Hooper said an electronic fence will not be instaled.
attended. Mr. Hooper said an electronic fence will not be instalattended. Mr. Hooper said an electronic fence will not be instal
Councilmember John Doran read the review standards for zoning ch
Councilmember John Doran read the review standards for zoning chCouncilmember John Doran read the review standards for zoning ch
Vice Mayor George N. Cretekos moved to approve a Zoning Atlas am
Vice Mayor George N. Cretekos moved to approve a Zoning Atlas amVice Mayor George N. Cretekos moved to approve a Zoning Atlas am
Institutional (I) District to the Industrial, Research and Techn
Institutional (I) District to the Industrial, Research and TechnInstitutional (I) District to the Industrial, Research and Techn
motion was duly seconded. Mayor Frank Hibbard, Vice Mayor Georg
motion was duly seconded. Mayor Frank Hibbard, Vice Mayor Georgmotion was duly seconded. Mayor Frank Hibbard, Vice Mayor Georg
Councilmember John Doran and Councilmember Paul Gibson voted Ay
Councilmember John Doran and Councilmember Paul Gibson voted AyCouncilmember John Doran and Councilmember Paul Gibson voted Ay
Councilmember Bill Jonson voted Nay.
Councilmember Bill Jonson voted Nay. Councilmember Bill Jonson voted Nay.
Motion carried.
Motion carried.Motion carried.
Ordinance 8295-12 was presented and read by title only. Councilmember Paul Gib
Ordinance 829Ordinance 829
5-
moved to pass Ordinance 8295-12 on first reading. The motion was duly seconded
upon roll call, the vote was:
"Ayes": Mayor Frank Hibbard, Vice Mayor George N. Cretekos, Councilmembe
John Doran, and Councilmember Paul Gibson.
Council2012-01-1215
Item # 5
Attachment number 1 \nPage 16 of 27
"Nays": Councilmember Bill Jonson.
Motion carried.
DVA – Administrative Public Hearing
In response to a question, the City Attorney said the outdoor sa been removed
In response to a question, the City Attorney said the outdoor saIn response to a question, the City Attorney said the outdoor sabeen removed been removed
from the proposed development agreement, as well as the accompan
from the proposed development agreement, as well as the accompanfrom the proposed development agreement, as well as the accompan
Outdoor storage would be allowed.
Assistant City Attorney Leslie Dougall-Sides said outdoor sales and outdoor displays
Sides said outdoor sales and outdoor displays Sides said outdoor sales and outdoor displays
would be prohibited.
In response to questions, Mr. Rouhani said the maximum length of an employees shift
the maximum length of an employees shift the maximum length of an employees shift
In response to questions, Mr. Rouhani said
will be 10 hours. The shifts will be staggered and typically ending around 8:00
. The shifts will be staggered and typically ending around 8:00. The shifts will be staggered and typically ending around 8:00
Applicant representative Bill Kimpton said the driveway will mee
Applicant representative Bill Kimpton said the driveway will meeApplicant representative Bill Kimpton said the driveway will mee
site plan.
In response to a concern, Planning and Development Director Michael
esponse to a concern, Planning and Development Director Michael esponse to a concern, Planning and Development Director Michael
including design specifications in the development agreement.
including design specifications in the development agreement.including design specifications in the development agreement.
Two individuals expressed concerns with commercial access easeme
Two individuals expressed concerns with commercial access easemeTwo individuals expressed concerns with commercial access easeme
design and landscape standards. One individual supported increasing the buffer zone
O
design and landscape standards.design and landscape standards.ne individual supported increasing the buffer zone ne individual supported increasing the buffer zone
and requiring a brick privacy wall.
and requiring a brick privacy wall.and requiring a brick privacy wall.
In response to a concern, Ms. Clayton said typically development
In response to a concern, Ms. Clayton said typically developmentIn response to a concern, Ms. Clayton said typically development
gone before Council had an approved site plan that includes an a
gone before Council had an approved site plan that includes an agone before Council had an approved site plan that includes an a
elevation. The item before Council does not include an approved Ms. Clayton
levation. The item before Council does not include an approved levation. The item before Council does not include an approved
e
said the countywide rules do not allow exterior storage of equip
said the countywide rules do not allow exterior storage of equipsaid the countywide rules do not allow exterior storage of equip
Industrial Limited category; the development agreement cannot allow exterior storage.
Industrial Limited category; the development Industrial Limited category; the development
agreement agreement
There was consensus to include the following specifications in t
There was consensus to include the following specifications in tThere was consensus to include the following specifications in t
agreement: Add a brick privacy wall to the buffer zone, to the m
agreement: Add a brick privacy wall to the buffer zone, to the magreement: Add a brick privacy wall to the buffer zone, to the m
by code; add a line of trees to the buffer zone between the neig
by code; add a line of trees to the buffer zone between the neigby code; add a line of trees to the buffer zone between the neig
require the disclosure of hazardous materials; and require the p
require the disclosure of hazardous materials; and require the prequire the disclosure of hazardous materials; and require the p
neighborhood to be built in phase 1.
neighborhood to be built in phase 1. neighborhood to be built in phase 1.
There was consensus to defer hearing the development agreement t2,
There was consensus to defer hearing the development agreement tThere was consensus to defer hearing the development agreement t
2012.
9. Second Readings -Public Hearing
9.1 Adopt Ordinance 8307-12 on second reading, amending Chapter 32, Utilities,
Section 32.182, and renumbering subsections accordingly, and ame
Appendix A, Article XXV, Public Works Fees, Rates and Charges,
Council2012-01-1216
Item # 5
Attachment number 1 \nPage 17 of 27
(1)(c), Clearwater Code of Ordinances, regarding sewer services
corporate limits of the city.
One individual spoke in opposition.
Vice Mayor George N. Cretekos moved to adopt Ordinance 8307-12 on second and
12 on second and
final reading. The motion was duly seconded and upon roll call, the vote was:
the vote was:the vote was:
"Ayes": Mayor Frank Hibbard, Vice Mayor George N. Cretekos, Councilmember
N. CretekosN. Cretekos, Councilmember , Councilmember
John Doran, Councilmember Paul Gibson, and Councilmember Bill
Councilmember Bill Councilmember Bill
and
Jonson.
"Nays": None.
City Manager Reports
10. Consent Agenda–Approved as submitted, less Items 10.3 through 10.6.
Approved as submitted, less Items 10.3 through 10.6.Approved as submitted, less Items 10.3 through 10.6.
10.1 Declare list of vehicles and equipment surplus to the needs of t
Declare list of vehicles and equipment surplus to the needs of tDeclare list of vehicles and equipment surplus to the needs of t
disposal through sale to the highest bidder at the Tampa Machine
disposal through sale to the highest bidder at the Tampa Machinedisposal through sale to the highest bidder at the Tampa Machine
Tampa, Florida; and authorize the appropriate officials to execu
Tampa, Florida; and authorize the appropriate officials to execuTampa, Florida; and authorize the appropriate officials to execu
(consent)
(consent)
10.2 Approve the first renewal of a Purchase Order, in the amount of
Approve the first renewal of a Purchase Order, in the amount of Approve the first renewal of a Purchase Order, in the amount of
Florida Gas and Electric Corporation for the Installation of Gas
Florida Gas and Electric Corporation for the Installation of GasFlorida Gas and Electric Corporation for the Installation of Gas
Service Lines for the period February 1, 2012 to January 31, 201
Service Lines for the period February 1, 2012 to January 31, 201Service Lines for the period February 1, 2012 to January 31, 201
the appropriate officials to execute same. (consent)
the appropriate officithe appropriate officials to execute same. (consent) als to execute same. (consent)
10.3 Approve the collective bargaining agreement as negotiated between the City of
10.3
Approve the collective bargaining agreement as negApprove the collective bargaining agreement as neg
Clearwater and CWA Local 3179 for Fiscal Years 2011/12, 2012/13,
Clearwater and CWA Local 3179 for Fiscal Years 2011/12, 2012/13,Clearwater and CWA Local 3179 for Fiscal Years 2011/12, 2012/13,
2013/14 and authorize the appropriate officials to execute same.
2013/14 and authorize the appropriate officials to execute same.2013/14 and authorize the appropriate officials to execute same.
See below.
See below.
10.4 Approve the collective bargaining agreement as negotiated between the City of
10.4 10.4 Approve the collective bargaining agreement as negotiated Approve the collective bargaining agreement as negotiated
Clearwater and the Fraternal Order of Police Officers for Fiscal
Clearwater and the Fraternal Order of Police Officers for FiscalClearwater and the Fraternal Order of Police Officers for Fiscal
2013/14, and 2014/15 and authorize the appropriate officials to
2013/14, and 2014/15 and authorize the appropriate officials to 2013/14, and 2014/15 and authorize the appropriate officials to
(consent)
(consent)(consent)
See below.
See below.See below.
10.5 Approve the collective bargaining agreement as negotiated between the City of
Clearwater and the Fraternal Order of Police Supervisors for Fis
2012/13, 2013/14, and 2014/15 and authorize the appropriate offi
same. (consent)
Council2012-01-1217
Item # 5
Attachment number 1 \nPage 18 of 27
See below.
10.6 Approve the agreements reached by the City with Communications Workers of
America Local 3179 and Fraternal Order of Police Officers and Su
America Local 3179 and Fraternal Order of Police Officers and Su
bargaining units for proposed changes to the City Employees Pension Plan;
s Pension Plan;
s Pension Plan;
authorize the development of an actuarial impact statement by th
authorize the development of an actuarial impact statement by thauthorize the development of an actuarial impact statement by th
and subsequent submittal to the Florida State Division of Retire
and subsequent submittal to the Florida State Division of Retireand subsequent submittal to the Florida State Division of Retire
of same. (consent)
See below.
10.7 Approve a ten (10) year Joint Land Utilization Agreement with th
Approve a ten (10) year Joint Land Utilization Agreement with thApprove a ten (10) year Joint Land Utilization Agreement with th
of Pinellas County, Florida, from January 1, 2012 through Decemb
of Pinellas County, Florida, from January 1, 2012 through Decembof Pinellas County, Florida, from January 1, 2012 through Decemb
provide an outdoor recreation complex consisting of tennis court
provide an outdoor recreation complex consisting of tennis courtprovide an outdoor recreation complex consisting of tennis court
and basketball courts at the southeast corner of Russell Street and Douglas
ts at the southeast corner of Russell Street and Douglas ts at the southeast corner of Russell Street and Douglas
Avenue and authorize the appropriate officials to execute same.
Avenue and authorize the appropriate officials to execute same. Avenue and authorize the appropriate officials to execute same.
10.8 Award a contract (purchase order) to Pinellas Pools, Inc. of Hol
Award a contract (purchase order) to Pinellas Pools, Inc. of HolAward a contract (purchase order) to Pinellas Pools, Inc. of Hol
08-0020-PR-B for maintenance and refurbishment of the pools located at the
B for maintenance andrefurbishment of the pools located at the refurbishment of the pools located at the
North Greenwood Recreation and Aquatics Center (NGRAC) and the C
North Greenwood Recreation and Aquatics Center (NGRAC) and the CNorth Greenwood Recreation and Aquatics Center (NGRAC) and the C
Beach Recreation and Aquatics Center (CBRAC) for $177,672, which
Beach Recreation and Aquatics Center (CBRAC) for $177,672, whichBeach Recreation and Aquatics Center (CBRAC) for $177,672, which
10% contingency; approve the transfer of $83,672.00 from various Parks and
10% contingency; approve the transfer of $83,672.00 from variou10% contingency; approve the transfer of $83,672.00 from variou
s Parks and s Parks and
Recreation CIP maintenance projects highlighted in this item to
Recreation CIP maintenance projects highlighted in this item to Recreation CIP maintenance projects highlighted in this item to
Renovations and Repairs CIP 315-93271 at midyear and authorize the
Renovations and Repairs CIP 315Renovations and Repairs CIP 315
93271 at midyear and authorize the 93271 at midyear and authorize the
-
appropriate officials to execute same. (consent)
appropriate officials to execute same. (consent) appropriate officials to execute same. (consent)
10.9 Award a Contract (Purchase Order) to Trane of Tampa, FL for one
10.9 10.9 Award a Contract (Purchase Order) to Trane of Tampa, FL for one Award a Contract (Purchase Order) to Trane of Tampa, FL for one
Rotary Water Chiller in the amount of $154,304.00, in accordanc
Rotary Water Chiller in the amount of $154,304.00, in accordancRotary Water Chiller in the amount of $154,304.00, in accordanc
2.56(1)(d), Code of Ordinances - Other governmental bid, and authorize the
2.56(1)(d), Code of Ordinances 2.56(1)(d), Code of Ordinances Other governmental bid, and authorize the
Other governmental bid, and authorize the
- -
appropriate officials to execute same. (consent)
appropriate officials to execuappropriate officials to execute same. (consent) te same. (consent)
10.10 Award a Contract (Purchase Order) for $178,948.00 to Tampa Truck
Award a Contract (Purchase Order) for $178,948.00 to Tampa TruckAward a Contract (Purchase Order) for $178,948.00 to Tampa Truck
10.10 10.10
Tampa, FL for one Freightliner M2 CNG Chassis with Nu Life Model
Tampa, FL for one Freightliner M2 CNG Chassis with Nu Life ModelTampa, FL for one Freightliner M2 CNG Chassis with Nu Life Model
Grapple Loader in accordance with Sec. 2.564(1)(d), Code of Ordi-
Grapple Loader in accordance with Sec. 2.564(1)(d), Code of OrdiGrapple Loader in accordance with Sec. 2.564(1)(d), Code of Ordi
Other governmental bid; authorize lease purchase of $178,948.00 un
her governmental bid; authorize lease purchase of $178,948.00 unher governmental bid; authorize lease purchase of $178,948.00 un
Ot
Citys Master Lease Purchase Agreement and authorize the appropr
Citys Master Lease Purchase Agreement and authorize the approprCitys Master Lease Purchase Agreement and authorize the appropr
to execute same. (consent)
to execute same. (consent) to execute same. (consent)
10.11 Award a Contract (Purchase Order) to Rush Truck Center of Tampa,
Award a Contract (Purchase Order) to Rush Truck Center of Tampa,Award a Contract (Purchase Order) to Rush Truck Center of Tampa,
Award a Contract (Purchase Order) to Rush Truck Center of Tampa,Award a Contract (Purchase Order) to Rush Truck Center of Tampa,
Peterbilt Model 320 with Labrie 29 Yard Automated Side Loader an
Peterbilt Model 320 with Labrie 29 Yard Automated Side Loader anPeterbilt Model 320 with Labrie 29 Yard Automated Side Loader an
Compressed Natural Gas Engine in the amount of $557,441.00, in a
Compressed Natural Gas Engine in the amount of $557,441.00, in aCompressed Natural Gas Engine in the amount of $557,441.00, in a
with Sec. 2.56(1)(d), Code of Ordinances - Other governmental bid; authorize
lease purchase under the Citys Master Lease Purchase Agreement
authorize the appropriate officials to execute same. (consent)
Council2012-01-1218
Item # 5
Attachment number 1 \nPage 19 of 27
10.12 Approve Change Order 1 to TLC Diversified, Inc. of Palmetto, FloEast
Plant Anoxic Tank Rehabilitation Project (09-0007-UT), increasing the contract
amount by $462,887.68 for a new contract total of $1,724,434.78
extension of two hundred thirty eight (238) days; approve a Supp
Order to Engineer of Record (EOR) Jones Edmunds in the amount $74,100.00 for
f Record (EOR) Jones Edmunds in the amount $74,100.00 for
additional Construction Engineering Inspection (CEI) and authori
additional Construction Engineering Inspection (CEI) and authori
additional Construction Engineering Inspection (CEI) and authori
appropriate officials to execute same. (consent)
10.13 Approve Change Order 1 to Wharton-Smith, Inc., for the Marshall Street WRF
Smith, Inc., for the Marshall StrSmith, Inc., for the Marshall Str
eet WRF eet WRF
Rapid Sand Filter Rehabilitation Project in the amount of $455,2
Rapid Sand Filter Rehabilitation Project in the amount of $455,2Rapid Sand Filter Rehabilitation Project in the amount of $455,2
contract amount of $2,889,041.76 and authorize the appropriate o
contract amount of $2,889,041.76 and authorize the appropriate ocontract amount of $2,889,041.76 and authorize the appropriate o
execute same. (consent)
10.14 Award a contract (purchase order) to Restocon Corporation, of Tampa, Florida,
Award a contract (purchase order) to RestoconCorporation, of Tampa, Florida, Corporation, of Tampa, Florida,
to restore the Municipal Services Complex (MSC) and Garden Avenu
to restore the Municipal Services Complex (MSC) and Garden Avenuto restore the Municipal Services Complex (MSC) and Garden Avenu
Garages in the amount of $557,610.33, which is the lowest respon
Garages in the amount of $557,610.33, which is the lowest responGarages in the amount of $557,610.33, which is the lowest respon
received in accordance with plans and specifications, and author
received in accordance with plans and specifications, and authorreceived in accordance with plans and specifications, and author
appropriate officials to execute same. (consent)
ropriate officials to execute same. (consent) ropriate officials to execute same. (consent)
10.15 Approve a Work Order to HDR Engineering, Inc. of Tampa, Florida
Approve a Work Order to HDR Engineering, Inc. of Tampa, Florida Approve a Work Order to HDR Engineering, Inc. of Tampa, Florida
pursuant to Clearwater RFP 33-10, Clearwater Greenprint: A Framework for a
pursuant to Clearwater RFP 3310, Clearwater Greenprint: A Framework for a 10, Clearwater Greenprint: A Framework for a
-
pursuant to Clearwater RFP 33
Competitive, Vibrant, Green Future Phase II U.S. 19 Corridor Redevelopment
Competitive, Vibrant, Green Future Phase II U.SCompetitive, Vibrant, Green Future Phase II U.S. 19 Corridor Redevelopment . 19 Corridor Redevelopment
Plan, as described in the Scope of Services for a lump sum fee o
Plan, as described in the Scope of Services for a lump sum fee oPlan, as described in the Scope of Services for a lump sum fee o
authorize the appropriate officials to execute same. (consent)
authorize the appropriate officials to execute same. (consent) authorize the appropriate officials to execute same. (consent)
Councilmember John Doran moved to approve the Consent Agenda as ss
Councilmember John Doran moved to approve the Consent Agenda as Councilmember John Doran moved to approve the Consent Agenda as
Items 10.3 through 10.6, and authorize the appropriate officials
Items 10.3 through 10.6, and authorize the appropriate officialsItems 10.3 through 10.6, and authorize the appropriate officials
10.3 Approve the collective bargaining agreement as negotiated betwee
10.3 Approve the collective bargaining agreement as negotiated betweeApprove the collective bargaining agreement as negotiated betwee
Clearwater and CWA Local 3179 for Fiscal Years 2011/12, 2012/13,
Clearwater and CWA Local 3179 for Fiscal Years 2011/12, 2012/13,Clearwater and CWA Local 3179 for Fiscal Years 2011/12, 2012/13,
2013/14 and authorize the appropriate officials to execute same.
2013/14 and authorize the appropriate officials to execute same.2013/14 and authorize the appropriate officials to execute same.
The most recent collective bargaining agreement between the City
The most recent collective bargaining agreement between the CityThe most recent collective bargaining agreement between the City
and CWA Local 3179 expired on September 30, 2011. City managemen
and CWA Local 3179 expired on September 30, 2011. City managemenand CWA Local 3179 expired on September 30, 2011. City managemen
and representatives of CWA Local 3179 began discussions in Octob
and representatives of CWA Local 3179 began discussions in Octoband representatives of CWA Local 3179 began discussions in Octob
regarding a new collective bargaining agreement in conjunction w
regarding a new collective bargaining agreement in conjunction wregarding a new collective bargaining agreement in conjunction w
over proposed changes to the City Pension Plan. On December 6, 2
over proposed changes to the City Pension Plan. On December 6, 2over proposed changes to the City Pension Plan. On December 6, 2
parties reached a tentative agreement for a new contract as part
parties reached a tentative agreement for a new contract as partparties reached a tentative agreement for a new contract as part
deal that included the proposed Pension Plan changes. The bargai
deal that included the proposed Pension Plan changes. The bargaideal that included the proposed Pension Plan changes. The bargai
agreement and proposed Pension Plan changes were subsequently submitted
by the Union to its bargaining unit, which ratified the agreemen
2012.The agreement is a three-year contract providing for a 2.5% merit increase
in each year for all bargaining unit personnel who attain a Meets Expectations
rating on their annual performance evaluation, with any amount t
Council2012-01-1219
Item # 5
Attachment number 1 \nPage 20 of 27
respective employees' pay range maximum being paid as a one-time lump sum.
The agreement also clarifies rules regarding hours of work, and modifies existing
alternate duty and absence management provisions to reduce the a
time that employees may be absent from their designated position
A first quarter budget amendment will allocate reserves from the
A first quarter budget amendment will allocate reserves from theA first quarter budget amendment will allocate reserves from the
to cover the cost of CWA pay increases for the current budget ye
to cover the cost of CWA pay increases for the current budget yeto cover the cost of CWA pay increases for the current budget ye
budgets will include the contract costs in the proposed budgets.
budgets will include the contract costs in the proposed budgets.budgets will include the contract costs in the proposed budgets.
associated with the implementation of this agreement are anticip
associated with the implementation of this agreement are anticipassociated with the implementation of this agreement are anticip
approximately as follows:
Fiscal Year 2011/2012: $776,900 All funds $337,0
Fiscal Year 2011/2012: $776,900 All funds $337,0Fiscal Year 2011/2012: $776,900 All funds $337,0
Fiscal Year 2012/2013: $796,300 All funds $345,4
Fiscal Year 2012/2013: $796,300 All funds $345,4Fiscal Year 2012/2013: $796,300 All funds $345,4
Fiscal Year 2013/2014: $816,200 All funds $354,0
Fiscal Year 2013/2014: $816,200 All funds $354,0Fiscal Year 2013/2014: $816,200 All funds $354,0
TOTAL: $2,389,400 All funds $1
TOTAL: $2,389,400 All funds $1TOTAL: $2,389,400 All funds $1
Two individuals spoke in support.
Two individuals spoke in support.Two individuals spoke in support.
Councilmember Bill Jonson moved to approve the collective bargaining agreement as
Councilmember Bill Jonson moved to aCouncilmember Bill Jonson moved to a
pprove the collective bargaining agreement as pprove the collective bargaining agreement as
negotiated between the City of Clearwater and CWA Local 3179 for
negotiated between the City of Clearwater and CWA Local 3179 fornegotiated between the City of Clearwater and CWA Local 3179 for
2011/12, 2012/13, and 2013/14 and authorize the appropriate offi
2011/12, 2012/13, and 2013/14 and authorize the appropriate offi2011/12, 2012/13, and 2013/14 and authorize the appropriate offi
The motion was duly seconded and carried unanimously.
The motion was duly seconded and carried unaThe motion was duly seconded and carried unanimously.
10.4 Approve the collective bargaining agreement as negotiated betwee
10.4 10.4 Approve the collective bargaining agreement as negotiated betweeApprove the collective bargaining agreement as negotiated betwee
Clearwater and the Fraternal Order of Police Officers for Fiscal
Clearwater and the Fraternal Order of Police Officers for FiscalClearwater and the Fraternal Order of Police Officers for Fiscal
2013/14, and 2014/15 and authorize the appropriate officials to
2013/14, and 2014/15 and authorize the appropriate officials to 2013/14, and 2014/15 and authorize the appropriate officials to
(consent)
(c(consent)
onsent)
The current collective bargaining agreement between the City of
The current collective bargaining agreement between the City of The current collective bargaining agreement between the City of
the Fraternal Order of Police Officers bargaining unit will expi
the Fraternal Order of Police Officers bargaining unit will expithe Fraternal Order of Police Officers bargaining unit will expi
30, 2012. City management staff and representatives of the Frate
30, 2012. City management staff and representatives of the Frate30, 2012. City management staff and representatives of the Frate
Police Officers unit began discussions in November of 2011 regarding a
Police
collective bargaining agreement in conjunction with negotiations
changes to the City Pension Plan. On December 6, 2011, the parti
tentative agreement for a new contract as part of a package deal
the proposed Pension Plan changes. The bargaining agreement and
Council2012-01-1220
Item # 5
Attachment number 1 \nPage 21 of 27
Pension Plan changes were subsequently submitted by the Union to
bargaining unit, which ratified the agreement by a vote of 111 t
13, 2011.
The agreement is a three-year contract, providing for no general wage increase
year contract, providing for no general wage increase
but allowing instead for merit step increase advancement only in
but allowing instead for merit step increase advancement only in
but allowing instead for merit step increase advancement only in
and in the third year, and providing for a 2.5% across-the-board general wage
board general wage board general wage
increase with no step advancement in the second year. The agreem
increase with no step advancement in the second year. The agreemincrease with no step advancement in the second year. The agreem
precludes the City from contracting with another entity to suppl
precludes the City from contracting with another entity to supplprecludes the City from contracting with another entity to suppl
any budgeted positions currently represented within the bargaini
any budgeted positions currently represented within the bargainiany budgeted positions currently represented within the bargaini
duration of the agreement. There are no other significant change
duration of the agreement. There are no other significant changeduration of the agreement. There are no other significant change
contract language.
Costs will be included in the proposed budgets for each year of
Costs will be included in the proposed budgets for each year of Costs will be included in the proposed budgets for each year of
The costs associated with the implementation of this agreement a
The costs associated with the implementation of this agreement aThe costs associated with the implementation of this agreement a
to be approximately as follows:
to be approximately as follows:
Fiscal Year 2012/2013 (Steps only): $181,000
Fiscal Year 2012/2013 (Steps only): $181,000 Fiscal Year 2012/2013 (Steps only): $181,000
Fiscal Year 2013/2014 (GWI only): $323,400
Fiscal Year 2013/2014 (GWI only): $323,400 Fiscal Year 2013/2014 (GWI only): $323,400
Fiscal Year 2014/2015 (Steps only): $185,000
Fiscal Year 2014/2015 (Steps only): $185,000 Fiscal Year 2014/2015 (Steps only): $185,000
TOTAL: $689,400
TOTAL: $689,400TOTAL: $689,400
Councilmember John Doran moved to approve the collective bargaining agreement as
Councilmember John Doran moved to Councilmember John Doran moved to
pprove the collective bargaining agreement as pprove the collective bargaining agreement as
aa
negotiated between the City of Clearwater and the Fraternal Orde
negotiated between the City of Clearwater and the Fraternal Ordenegotiated between the City of Clearwater and the Fraternal Orde
Fiscal Years 2012/13, 2013/14, and 2014/15 and authorize the appropriate offic
Fiscal Years 2Fiscal Years 2012/13, 2013/14, and 2014/15 and authorize the appropriate offic012/13, 2013/14, and 2014/15 and authorize the appropriate offic
execute same. The motion was duly seconded and carried unanimously.
execute same.execute same.The motion was duly seconded and carried unanimously.The motion was duly seconded and carried unanimously.
10.5 Approve the collective bargaining agreement as negotiated betwee
Approve the collective bargaining agreement as negotiated betweeApprove the collective bargaining agreement as negotiated betwee
10.5 10.5
Clearwater and the Fraternal Order of Police Supervisors for Fiscal Years
Clearwater and the FraternalClearwater and the Fraternal
2012/13, 2013/14, and 2014/15 and authorize the appropriate offi
2012/13, 2013/14, and 2014/15 and authorize the appropriate offi2012/13, 2013/14, and 2014/15 and authorize the appropriate offi
same. (consent)
same. (consent)same. (consent)
same. (consent)same. (consent)
The current collective bargaining agreement between the City of
the Fraternal Order of Police Supervisors bargaining unit will expire on
Council2012-01-1221
Item # 5
Attachment number 1 \nPage 22 of 27
September 30, 2012. City management staff and representatives of
Order of Police Supervisors unit began discussions in November o
regarding a new collective bargaining agreement in conjunction w
over proposed changes to the City Pension Plan. On December 6, 2
parties reached a tentative agreement for a new contract as part
parties reached a tentative agreement for a new contract as part
deal that included the proposed Pension Plan changes. The bargai
deal that included the proposed Pension Plan changes. The bargai
deal that included the proposed Pension Plan changes. The bargai
agreement and proposed Pension Plan changes were subsequently su
agreement and proposed Pension Plan changes were subsequently suagreement and proposed Pension Plan changes were subsequently su
by the Union to its bargaining unit, which ratified the agreemen
by the Union to its bargaining unit, which ratified the agreemenby the Union to its bargaining unit, which ratified the agreemen
13, 2011.
The agreement is a three-year contract, providing for no general wage increase
year contract, providing for no general wage increase year contract, providing for no general wage increase
but allowing instead for merit step increase advancement only in the first year
rit step increase advancement only in the first year rit step increase advancement only in the first year
and in the third year, and providing for a 2.5% across-the-board general wage
and in the third year, and providing for a 2.5% acrossthetheboard general wage board general wage
---
increase with no step advancement in the second year. The agree
increase with no step advancement in the second year. The agreeincrease with no step advancement in the second year. The agree
precludes the City from contracting with another entity to suppl
precludes the City from contracting with another entity to supplprecludes the City from contracting with another entity to suppl
any budgeted positions currently represented within the bargaini
any budgeted positions currently represented within the bargainiany budgeted positions currently represented within the bargaini
duration of the agreement. There are no other significant change
duration of the agreement. There are no other significant changeduration of the agreement. There are no other significant change
contract language.
Costs will be included in the proposed budgets for each year of
Costs will be included in the proposed budgets for each year of Costs will be included in the proposed budgets for each year of
The costs associated with the implementation of this agreement a
The costs associated with the implementation of this agreement aThe costs associated with the implementation of this agreement a
to be approximately as follows:
to be approximately as follows: to be approximately as follows:
Fiscal Year 2012/2013 (Steps only): $21,000
Fiscal Year 2012/2013 (Steps only): $21,000 Fiscal Year 2012/2013 (Steps only): $21,000
Fiscal Year 2013/2014 (GWI only): $87,500
Fiscal Year 2013/2014 (GWI only): $87Fiscal Year 2013/2014 (GWI only): $87
,500 ,500
Fiscal Year 2014/2015 (Steps only): $21,500
Fiscal Year 2014/2015 (Steps only): $21,500 Fiscal Year 2014/2015 (Steps only): $21,500
TOTAL: $130,000
TOTAL: $130,000TOTAL: $130,000
Vice Mayor George N. Cretekos moved to approve the collective ba
Vice Mayor George N. Cretekos moved to approve the collective baVice Mayor George N. Cretekos moved to approve the collective ba
as negotiated between the City of Clearwater and the Fraternal O
as negotiated between the City of Clearwater and the Fraternal Oas negotiated between the City of Clearwater and the Fraternal O
Supervisors for Fiscal Years 2012/13, 2013/14, and 2014/15 and a
Supervisors for Fiscal Years 2012/13, 2013/14, and 2014/15 and aSupervisors for Fiscal Years 2012/13, 2013/14, and 2014/15 and a
appropriate officials to execute same. The motion was duly seconded and carried
appropriate officappropriate offic
ials to execute same. The motion was duly seconded and carried ials to execute same. The motion was duly seconded and carried
unanimously.
unanimously.unanimously.
10.6 Approve the agreements reached by the City with Communications W
America Local 3179 and Fraternal Order of Police Officers and Su
bargaining units for proposed changes to the City Employees Pension Plan;
Council2012-01-1222
Item # 5
Attachment number 1 \nPage 23 of 27
authorize the development of an actuarial impact statement by ths actuary
and subsequent submittal to the Florida State Division of Retire
of same. (consent)
Changes to the current City Employees' Pension Plan benefit provisions are
City Employees' Pension Plan benefit provisions are
being sought by the City due to significant increases in the Cit
being sought by the City due to significant increases in the Cit
being sought by the City due to significant increases in the Cit
pension contribution levels from fiscal year 2000 to present. D
pension contribution levels from fiscal year 2000 to present. Dpension contribution levels from fiscal year 2000 to present. D
of time, the City's actuarially determined required contribution
of time, the City's actuarially determined required contributionof time, the City's actuarially determined required contribution
from seven percent of covered payroll (approximately four millio
from seven percent of covered payroll (approximately four milliofrom seven percent of covered payroll (approximately four millio
almost twenty-five percent of covered payroll (approximately eighteen million
five percent of covered payroll (approximately eighteen million five percent of covered payroll (approximately eighteen million
dollars). These cost are projected by the City's actuary to coninue to increase
dollars). These cost are projected by the City's actuary to condollars). These cost are projected by the City's actuary to coninue to increase inue to increase
during the next five years. The City initiated collective bargai
during the next five years. The City initiated collective bargaiduring the next five years. The City initiated collective bargai
proposed changes to the City Employees' Pension Plan with the Fr
proposed changes to the City Employees' Pension Plan with the Frproposed changes to the City Employees' Pension Plan with the Fr
of Police bargaining unit and with Communications Workers of Ame
of Police bargaining unit and with Communications Workers of Ameof Police bargaining unit and with Communications Workers of Ame
3179 in February and March of 2011, respectively. In October of 2011, t
February and March of 2011, respectively. In October of 2011, tFebruary and March of 2011, respectively. In October of 2011, t
parties began discussions regarding new collective bargaining ag
parties began discussions regarding new collective bargaining agparties began discussions regarding new collective bargaining ag
conjunction with the negotiations over proposed changes to the P
conjunction with the negotiations over proposed changes to the Pconjunction with the negotiations over proposed changes to the P
At this time, the Fraternal Order of Police Supervisors bargaini
At this time, the Fraternal Order of Police Supervisors bargainiAt this time, the Fraternal Order of Police Supervisors bargaini
entered into negotiations with the City. On December 6, 2011, t
entered into negotiations with the City. On December 6, 2011, tentered into negotiations with the City. On December 6, 2011, t
tentative agreements with both FOP bargaining units, and on Dece
tentative agreements with both FOP bargaining units, and on Decetentative agreements with both FOP bargaining units, and on Dece
2011 the City reached a tentative agreement with CWA, to include
2011 the City reached a tentative agreement with CWA, to include2011 the City reached a tentative agreement with CWA, to include
Pension Plan changes as part of a package deal that included new-year
Pension Plan changes as part of a package deal that included newPension Plan changes as part of a package deal that included new
year year
-
contracts for each bargaining unit. The proposed Pension Plan c
contracts for each bargaining unit. The proposed Pension Plan ccontracts for each bargaining unit. The proposed Pension Plan c
submitted by the respective Unions to their bargaining units, wh
submitted by the respective Unions to their bargaining units, whsubmitted by the respective Unions to their bargaining units, wh
agreements. The agreements by the parties, if ultimately approved by
ments. The agreements by the parties, if ultimately approved by ments. The agreements by the parties, if ultimately approved by
agree
agree
referendum, would result in changes to the following City Employ
referendum, would result in changes to the following City Employreferendum, would result in changes to the following City Employ
Plan provisions: For CWA and non-sworn FOP employees not eligible to retire as
Plan provisions: For CWA and nonPlan provisions: For CWA and non
sworn FOP employees not eligible to retire as sworn FOP employees not eligible to retire as
-
of the effective date: The normal form of benefit would be a lif
of the effective date: The normal form of benefit would be a lifof the effective date: The normal form of benefit would be a lif
monthly pension amount would be reduced if a payment option that
monthly pension amount would be reduced if a payment option thatmonthly pension amount would be reduced if a payment option that
beneficiary is elected. Any overtime and additional pays accrued
beneficiary is elected. Any overtime and additional pays accruedbeneficiary is elected. Any overtime and additional pays accrued
service after the effective date of the change would not be incl
service after the effective date of the change would not be inclservice after the effective date of the change would not be incl
pensionable earnings. The 1.5% Cost-of-Living Adjustment would be delayed for
pensionable earnings. The 1.5% Costpensionable earnings. The 1.5% Costof
of
--
five years after the date of retirement for all pensionable earn
five years after the date of retirement for all pensionable earnfive years after the date of retirement for all pensionable earn
effective date of the change. The disability pension amount woul
effective date of the change. The disability pension amount wouleffective date of the change. The disability pension amount woul
from 66 2/3% to 42% of salary if meeting the disability criteria
from 66 2/3% to 42% of salary if meeting the disability criteriafrom 66 2/3% to 42% of salary if meeting the disability criteria
CWA and non-sworn FOP employees hired after the effective date:
CWA and nonsworn FOP employees hired after the effective date:sworn FOP employees hired after the effective date:
CWA and non
-
In addition to the changes for existing employees, the pension c
In addition to the changes for existing employees, the pension cIn addition to the changes for existing employees, the pension c
multiplier will be reduced from 2.75% to 2.0% and employees will
multiplier will be reduced from 2.75% to 2.0% and employees willmultiplier will be reduced from 2.75% to 2.0% and employees will
work until age 60 and have at least 25 years of service. For swo
work until age 60 and have at least 25 years of service. For swowork until age 60 and have at least 25 years of service. For swo
employees not eligible to retire as of the effective date: The e
employees not eligible to retire as of the effective date: The eemployees not eligible to retire as of the effective date: The e
contribution would be increased from 8% to 10% of salary. Any ov
contribution would be increased from 8% to 10% of salary. Any ov
exceeding 300 hours per year accrued for years of service after
date of the change would not be included in pensionable earnings
be no Cost-of-Living Adjustment for all pensionable earnings after the effecti
date of the change. For all CWA and FOP employees: Employees could choos
Council2012-01-1223
Item # 5
Attachment number 1 \nPage 24 of 27
to receive 10%, 20%, or 30% of their total pension benefit in a -time lump
sum payment directly upon retirement. Employees would be permitt
to full-time employment with the City in a different job classification
participate in Social Security while receiving their pension ben
would be able to name a beneficiary and choose their benefit pay
would be able to name a beneficiary and choose their benefit pay
any time up to retirement. These changes, if approved, are expec
any time up to retirement. These changes, if approved, are expec
any time up to retirement. These changes, if approved, are expec
an immediate annual reduction of the City's Pension contribution
an immediate annual reduction of the City's Pension contributionan immediate annual reduction of the City's Pension contribution
dollars, and a savings over the next 30 years of approximately 4
dollars, and a savings over the next 30 years of approximately 4dollars, and a savings over the next 30 years of approximately 4
dollars.
Councilmember Paul Gibson moved to approve the agreements reached by the City
pprove the agreements reached by the City pprove the agreements reached by the City
with Communications Workers of America Local 3179 and Fraternal
with Communications Workers of America Local 3179 and Fraternal with Communications Workers of America Local 3179 and Fraternal
Officers and Supervisors bargaining units for proposed changes t
Officers and Supervisors bargaining units for proposed changes tOfficers and Supervisors bargaining units for proposed changes t
Pension Plan; authorize the development of an actuarial impact s
Pension Plan; authorize the development of an actuarial impact sPension Plan; authorize the development of an actuarial impact s
actuary and subsequent submittal to the Florida State Division o
actuary and subsequent submittal to the Florida State Division oactuary and subsequent submittal to the Florida State Division o
of same. The motion was duly seconded and carried unanimously.
of same. The motion was duly seconded and carried unanimously.of same. The motion was duly seconded and carried unanimously.
11. Other Items on City Manager Reports
Other Items on City Manager Reports
Other Items on City Manager Reports
11.1 Approve the creation of the Homeless Leadership Board, Inc., to
Approve the creation of the Homeless Leadership Board, Inc., to Approve the creation of the Homeless Leadership Board, Inc., to
Homeless Leadership Network, and approve the revised Interlocal
Homeless Leadership Network, and approve the revised Interlocal Homeless Leadership Network, and approve the revised Interlocal
The Homeless Leadership Network and the Pinellas County Coalitio
The Homeless Leadership Network and the Pinellas County CoalitioThe Homeless Leadership Network and the Pinellas County Coalitio
Homeless, Inc. are merging responsibilities and activities into a new organization,
Homeless, Inc. are mergingHomeless, Inc. are mergingresponsibilities and activities into a new organization, responsibilities and activities into a new organization,
the Homeless Leadership Board, Inc. (HLB), effective Feb. 1, 201
the Homeless Leadership Board, Inc. (HLB), effective Feb. 1, 201the Homeless Leadership Board, Inc. (HLB), effective Feb. 1, 201
become the policy and operational leadership entity in the Pinel
become the policy and operational leadership entity in the Pinelbecome the policy and operational leadership entity in the Pinel
Services System. The Homeless Leadership Network and Homeless Coalition
Services System.Services System.The Homeless Leadership NetwoThe Homeless Leadership Network and Homeless Coalition rk and Homeless Coalition
will cease operations on that date.
will cease operations on that date. will cease operations on that date.
The major reasons behind the creation of the new HLB are: to streamline
The major reasons behind the creation of the new HLB are:The major reasons behind the creation of the new HLB are:
leadership and make it more effective, efficient and accountable
leadership and make it more effective, efficient and accountableleadership and make it more effective, efficient and accountable
efforts on making the homeless services system more effective and
efforts on making the homeless servicesefforts on making the homeless services
performance-driven in moving individuals and families from homelessness to
performance
driven in moving individuals and families from homelessness to driven in moving individuals and families from homelessness to
-
permanent housing.
permanent housing.permanent housing.
Homeless Leadership Board, Inc. Structure
Homeless Leadership Board, Inc. Structure Homeless Leadership Board, Inc. Structure
·The HLB will focus on homeless families, individuals, and unacco
The HLB will focus on homeless families, individuals, and unaccoThe HLB will focus on homeless families, individuals, and unacco
youth, and those at-risk of homelessness. It will be a non-profit corporation.
youth, youth, and those atand those at
·The Board of Directors will comprise no more than 21 members and
one CEO and adequate staff. The initial 19 members will be Board
members/CEOs/COOs/other major executive staff in the following categories:
Seven elected officials:
Council2012-01-1224
Item # 5
Attachment number 1 \nPage 25 of 27
One from the Pinellas Board of County Commissioners
o
One from: Clearwater, Largo, Pinellas Park, St. Petersburg, Tarpon
o
Springs
One from Public Defender
Twelve Community Leaders:
One JWB/Childrens Service Board member
o
Four service experts
o
Two faith-based organization representatives
o
Two business representatives
o
One medical services/hospital representative;
o
One medical services/hospital representative; One medical services/hospital representative;
One at-large representative
o
One homeless/formerly homeless representative
o
eless/formerly homeless representative eless/formerly homeless representative
Two major councils of the HLB will provide comprehensive informa
Two major councils of the HLB will provide comprehensive informaTwo major councils of the HLB will provide comprehensive informa
recommendations for action and approval to the HLB, the Provider
recommendations for action and approval to the HLB, the Providerrecommendations for action and approval to the HLB, the Provider
the Funders Council, and will each have a representative on the oard of
oard of oard of
the Funders Council, and will each have a representative on the the Funders Council, and will each have a representative on the
Directors. (Responsibilities attached)
Directors. (Responsibilities attached)
The HLB will rely on existing human service or business networks
The HLB will rely on existing human service or business networksThe HLB will rely on existing human service or business networks
committees as much as possible to discuss and make recommendatio
committees as much as possible to discuss and make recommendatiocommittees as much as possible to discuss and make recommendatio
homeless issues instead of creating additional committees.
homeless issues instead of creating additional committees. homeless issues instead of creating additional committees.
The responsibilities of the HLB Board of Directors will be to se
The responsibilities of the HLB Board of Directors will be to seThe responsibilities of the HLB Board of Directors will be to se
policies; conduct system planning; provide oversight of the goal
policies; conduct system planning; provide oversight of the goalpolicies; conduct system planning; provide oversight of the goal
outcomes; perform all lead agency funding oversight responsibili
outcomes; perform all lead agency funding oversight responsibilioutcomes; perform all lead agency funding oversight responsibili
coordination and networking.
coordination and networking. coordination and networking.
The parties to the Agreement are Pinellas County, City of Clearwater, Ci
The parties to the Agreement are Pinellas County, City of Clearwater, Ciies to the Agreement are Pinellas County, City of Clearwater, Ci
Largo, City of Pinellas Park, City of St. Petersburg, City of Ta
Largo, City of Pinellas Park, City of St. Petersburg, City of TaLargo, City of Pinellas Park, City of St. Petersburg, City of Ta
Public Defenders Office, the Pinellas County School Board and t
Public Defenders Office, the Pinellas County School Board and tPublic Defenders Office, the Pinellas County School Board and t
Welfare Board.
Welfare Board.
The changes to the Interlocal Agreement are to change the name o
The changes to the Interlocal Agreement are to change the name oThe changes to the Interlocal Agreement are to change the name o
organization to the Homeless Leadership Board throughout the doc
organization to the Homeless Leadership Board throughout the docorganization to the Homeless Leadership Board throughout the doc
the Public Defender to the signatories; change the ending date t
the Public Defender to the signatories; change the ending date tthe Public Defender to the signatories; change the ending date t
amend a few instances of language clean-up from the original document.
amend a few instances of language cleanamend a few instances of language clean
Homeless Coalition Network Executive Director Sarah Snyder prese
Homeless Coalition Network Executive Director Sarah Snyder preseHomeless Coalition Network Executive Director Sarah Snyder prese
presentation.
presentation.presentation.
In response to a question, Ms. Snyder said the 501c3 designation will allow the
organization to accept donations and grants.
Vice Mayor George N. Cretekos moved to approve the creation of the Homeless
Leadership Board, Inc., to replace the Homeless Leadership Netwo
Council2012-01-1225
Item # 5
Attachment number 1 \nPage 26 of 27
revised Interlocal Agreement, and appoint Councilmember John Doran to the February
3, 2012 Homeless Leadership Board meeting . The motion was duly seconded and
carried unanimously.
Miscellaneous Reports and Items
12. City Manager Verbal Reports
12.1 NAACP request: Name Change of the North Greenwood Recreation and
NAACP request: Name Change of the North Greenwood Recreation andNAACP request: Name Change of the North Greenwood Recreation and
Aquatics
Parks and Recreation Director Kevin Dunbar suggested Council dir
Parks and Recreation Director Kevin Dunbar suggested Council dirParks and Recreation Director Kevin Dunbar suggested Council dir
Parks and Recreation Advisory Board. The request will be heard .
Parks and Recreation Advisory Board. The request will be heard Parks and Recreation Advisory Board. The request will be heard
. .
Councilmember John Doran moved to refer the NAACPs request to t
Councilmember John Doran moved to refer the NAACPs request to tCouncilmember John Doran moved to refer the NAACPs request to t
Recreation Advisory Board. The motion was duly seconded and car
Recreation Advisory Board. The motion was duly seconded and carRecreation Advisory Board. The motion was duly seconded and car
12.2 St. Vincent de Paul Relocation Terms
St. Vincent de Paul Relocation Terms
The City Manager said staff received a letter from St. Vincent d
The City Manager said staff received a letter from St. Vincent dThe City Manager said staff received a letter from St. Vincent d
relocating the soup kitchen to Safe Harbor. Staff is recommending to meet with
relocating the soup kitchen to Safe Harbor. Staff is rerelocating the soup kitchen to Safe Harbor. Staff is recommending to meet with commending to meet with
representatives to clarify concerns raised in letter.
representatives to clarify concerns raised in letter.representatives to clarify concerns raised in letter.
Staff was directed to meet with St. Vincent de Paul representati
Staff was directed to meet with St. Vincent de Paul representatiStaff was directed to meet with St. Vincent de Paul representati
relocation needs.
relocation needs.relocation needs.
13. Other Council Action
Other Council ActionOther Council Action
13. 13.
13.1 Greenprint Community Gardens - Councilmember Jonson
13.1 13.1 Greenprint Community Gardens Greenprint Community Gardens Councilmember JonsonCouncilmember Jonson
-
Councilmember Bill Jonson said one of the elements supported by
Councilmember Bill Jonson said one of the elements supported by Councilmember Bill Jonson said one of the elements supported by
Greenprint is community gardens. Councilmember Bill Jonson requ
Greenprint is community gardens. Councilmember Bill Jonson requGreenprint is community gardens. Councilmember Bill Jonson requ
allow community gardens on public land; current city policy does
allow community gardens on public land; current city policy doesallow community gardens on public land; current city policy does
land.
land.land.
Concerns were expressed regarding liability issues.
ConcerConcerns were expressed regarding liability issues.ns were expressed regarding liability issues.
There was no consensus to pursue matter. Staff was directed to
There was no consensus to pursue matter. Staff was directed to There was no consensus to pursue matter. Staff was directed to
Greenprint by striking the use of public property from community
Greenprint by striking the use of public property from communityGreenprint by striking the use of public property from community
recommendation.
recommendation.recommendation.
14. Closing Comments by Mayor
Mayor Frank Hibbard reviewed recent and upcoming events.
Council2012-01-1226
Item # 5
Attachment number 1 \nPage 27 of 27
15. Adjourn
The meeting was adjourned at 11:15 p.m.
Mayor
Attest
City of Clearwater
City Clerk
Council2012-01-1227
Item # 5
Meeting Date:
2/2/2012
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
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)
SUMMARY:
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 (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 Citys 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.
Review Approval:
Cover Memo
Item # 6
Attachment number 1 \nPage 1 of 7
PROJECT
SITE
LOCATION MAP
Aviation Engineering Consultants Sunset Point,
LUP2011-09003
Owners: Case:
10001
LLC
REZ2011-09006 DVA2011-
TOTAL PROPRTY SIZE: 19.42
Property
ACRES
Site: 2750 & 2754 Sunset Point Road
Size(Acres):
PORTION INCLUDED IN
REQUEST: 6.57 ACRES
Land Use Zoning
A PORTION OF 05-29-16-
PIN: 25622-000-0010 and
From :
I I
05-29-16-25622-000-0020
To: IL IRT
Atlas Page: 255A
Item # 6
S:\Planning Department\C D B\Land Use Amendments\Land Use Amendments\Sunset Point 2750 & 2754 LUP2011-09003 - AEC Engineering\Maps\LUP2011-09003,REZ2011-
09006,DVA2011-10001 Location Map.doc
Attachment number 1 \nPage 2 of 7
AERIAL PHOTOGRAPH
Aviation Engineering Consultants Sunset Point,
LUP2011-09003
Owners: Case:
10001
LLC
REZ2011-09006 DVA2011-
TOTAL PROPRTY SIZE: 19.42
Property
ACRES
Site: 2750 & 2754 Sunset Point Road
Size(Acres):
PORTION INCLUDED IN
REQUEST: 6.57 ACRES
Land Use Zoning
A PORTION OF 05-29-16-
PIN: 25622-000-0010 and
From :
I I
05-29-16-25622-000-0020
To: IL IRT
Atlas Page: 255A
Item # 6
S:\Planning Department\C D B\Land Use Amendments\Land Use Amendments\Sunset Point 2750 & 2754 LUP2011-09003 - AEC Engineering\Maps\LUP2011-09003,REZ2011-
09006,DVA2011-10001 Aerial Photograph.doc
Attachment number 1 \nPage 3 of 7
2701
RU
I
RL
R/O/R
I
CG
1982
RL
RLM
IL
I
1970
2764
1948
P 2764
27642764
2764
2764
1946
27642764
R/OL
1940
R/O/R
1938
1934
1934
I
R/OG
P
I
R/OG
RM
R/O/R
I
2661
R/OL
I
P
RM
RLI
RM
FUTURE LAND USE MAP
Aviation Engineering Consultants Sunset Point,
LUP2011-09003
Owners: Case:
10001
LLC
REZ2011-09006 DVA2011-
TOTAL PROPRTY SIZE: 19.42
Property
ACRES
Site: 2750 & 2754 Sunset Point Road
Size(Acres):
PORTION INCLUDED IN
REQUEST: 6.57 ACRES
Land Use Zoning
A PORTION OF 05-29-16-
PIN: 25622-000-0010 and
From :
I I
05-29-16-25622-000-0020
To: IL IRT
Atlas Page: 255A
Item # 6
S:\Planning Department\C D B\Land Use Amendments\Land Use Amendments\Sunset Point 2750 & 2754 LUP2011-09003 - AEC Engineering\Maps\LUP2011-09003,REZ2011-
09006,DVA2011-10001 Future Land Use Map.doc
Attachment number 1 \nPage 4 of 7
2701
I
C
I
IRT
1982
MHP
1970
2764
P
1948
2764
27642764
2764
2764
1946
27642764
O
1940
C
1938
1934
1934
I
LMDR
2661
ZONING MAP
Aviation Engineering Consultants Sunset Point,
LUP2011-09003
Owners: Case:
10001
LLC
REZ2011-09006 DVA2011-
TOTAL PROPRTY SIZE: 19.42
Property
ACRES
Site: 2750 & 2754 Sunset Point Road
Size(Acres):
PORTION INCLUDED IN
REQUEST: 6.57 ACRES
Land Use Zoning
A PORTION OF 05-29-16-
PIN: 25622-000-0010 and
From :
I I
05-29-16-25622-000-0020
To: IL IRT
Atlas Page: 255A
Item # 6
S:\Planning Department\C D B\Land Use Amendments\Land Use Amendments\Sunset Point 2750 & 2754 LUP2011-09003 - AEC Engineering\Maps\LUP2011-09003,REZ2011-
09006,DVA2011-10001 Zoning Map.doc
Attachment number 1 \nPage 5 of 7
2701
Assisted
Independent
Mobile Home Park
21/03
A
5.85
C(C)
Living Facility
Living Facility
and Nursing
Home
Single Family
Boat, Mobile Home and
Travel Trailer Sales
Homes
2
Self-Storage
1982
Mobile Home
Vacant
Park
25622
1970
Preservation
2764
2
1948
3 2764
Land 5
1
27642764
4
2764
5
2764
1946
6 27642764
7
1
1940
3
Vacant
1938
1934
A
4.23
C
(C)
Phone Utility
1934
24/06
Facility
A
1.31
C
1
Office Church
Church
Offices
2661
4
A
A
1C(C)
C(C)
1
5
Single Family Homes
1
1
16
11
12
14
9
10
15
1
1
1
EXISTING SURROUNDING USES MAP
Aviation Engineering Consultants Sunset Point,
LUP2011-09003
Owners: Case:
10001
LLC
REZ2011-09006 DVA2011-
TOTAL PROPRTY SIZE: 19.42
Property
ACRES
Site: 2750 & 2754 Sunset Point Road
Size(Acres):
PORTION INCLUDED IN
REQUEST: 6.57 ACRES
Land Use Zoning
A PORTION OF 05-29-16-
PIN: 25622-000-0010 and
From :
I I
05-29-16-25622-000-0020
To: IL IRT
Atlas Page: 255A
Item # 6
S:\Planning Department\C D B\Land Use Amendments\Land Use Amendments\Sunset Point 2750 & 2754 LUP2011-09003 - AEC Engineering\Maps\LUP2011-09003,REZ2011-
09006,DVA2011-10001 Existing Surrounding Uses Map.doc
Attachment number 1 \nPage 6 of 7
View looking north at the subject parcel, 2750 Sunset Point Road
View looking north at the subject parcel, 2754 Sunset Point Road
West of the subject property, Preservation landWest of the subject property, office
East of the subject property, single family homes, view from subject siteEast of the subject property, single family homes, view from
Robinwood Drive entrance
LUP2011-09003, REZ2011-09006 & DVA2011-10001
AEC Sunset Point, LLC
Item # 6
2750 and 2754 Sunset Point Road
Attachment number 1 \nPage 7 of 7
East of the subject property, officesEast of the subject property, phone utility facility
Across street, to south of the subject propertyAcross street, to south of the subject property
View looking easterly along Sunset Point RoadView looking westerly along Sunset Point Road
LUP2011-09003, REZ2011-09006 & DVA2011-10001
AEC Sunset Point, LLC
Item # 6
2750 and 2754 Sunset Point Road
Attachment number 2 \nPage 1 of 5
Item # 6
Attachment number 2 \nPage 2 of 5
Item # 6
Attachment number 2 \nPage 3 of 5
Item # 6
Attachment number 2 \nPage 4 of 5
Item # 6
Attachment number 2 \nPage 5 of 5
Item # 6
Attachment number 3 \nPage 1 of 31
RESOLUTION NO. 12-01
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA APPROVING A DEVELOPMENT AGREEMENT
BETWEEN THE CITY OF CLEARWATER AND AEC
SUNSET POINT, LLC; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Clearwater is desirous of entering into a d
agreement with Aviation Engineering Consultants, LLC; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section1. The Development Agreement between the City of Clearwater and
AEC Sunset Point, LLC, a copy of which is attached as Exhibit A, is hereby approved.
Section 2. This resolution shall take effect immediately upon adoption.
Section 3. The City Clerk is directed to submit a recorded copy of the
Development Agreement to the state land planning agency no later
days after the Development Agreement is recorded.
PASSED AND ADOPTED this _______ day of _____________, 2012.
____________________________
Frank V. Hibbard
Mayor
Approved as to form: Attest:
__________________________ _____________________________
Leslie K. Dougall-Sides Rosemarie Call
City Attorney City Clerk
Item # 6
Resolution No. 12-01
Attachment number 4 \nPage 1 of 1
·
·
·
·
·
·
·
·
·
·
·
·
·
·
·
Item # 6
Attachment number 6 \nPage 1 of 1
·
·
·
·
·
·
·
·
·
·
·
·
·
·
·
Item # 6
Meeting Date:
2/2/2012
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
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).
SUMMARY:
Review Approval:
Cover Memo
Item # 7
Attachment number 1 \nPage 1 of 2
Item # 7
Attachment number 1 \nPage 2 of 2
Item # 7
Attachment number 2 \nPage 1 of 2
Item # 7
Attachment number 2 \nPage 2 of 2
Item # 7
Attachment number 3 \nPage 1 of 1
Item # 7
Meeting Date:
2/2/2012
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
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).
SUMMARY:
Review Approval:
Cover Memo
Item # 8
Attachment number 1 \nPage 1 of 1
Item # 8
Attachment number 2 \nPage 1 of 2
Item # 8
Attachment number 2 \nPage 2 of 2
Item # 8
Attachment number 3 \nPage 1 of 1
Item # 8
Meeting Date:
2/2/2012
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
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 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.
SUMMARY:
Review Approval:
Cover Memo
Item # 9
Attachment number 1 \nPage 1 of 2
Item # 9
Attachment number 1 \nPage 2 of 2
Item # 9
Attachment number 2 \nPage 1 of 2
Item # 9
Attachment number 2 \nPage 2 of 2
Item # 9
Attachment number 3 \nPage 1 of 1
Item # 9
Meeting Date:
2/2/2012
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
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.
SUMMARY:
Review Approval:
Cover Memo
Item # 10
Attachment number 1 \nPage 1 of 2
Item # 10
Attachment number 1 \nPage 2 of 2
Item # 10
Attachment number 2 \nPage 1 of 2
Item # 10
Attachment number 2 \nPage 2 of 2
Item # 10
Attachment number 3 \nPage 1 of 1
RM
RM
RL
RL
1848
1845
1843
1836
I
RL
RL
RL
RL
RL
RL
*Parcels at 2734 Terrace
Dr. and 1716 Evans Dr. will
have “P” (Preservation) and
1808
1807
Drainage Feature Overlay
classifications in the rear of
the properties.
P*
P
RL
RU
RL
RU
RU
1759
1752
1748
1745
1745 RU
P
1740
RU
RL
1737
RL
RU
1734
RL
RL
RL
RL
RL
1729
RU
P*
1725
RL
RU
1716
RL
RURL
RU
RU
R/OL
RU
RLRL
WATER
P
RU
RURLRL
RL
RL
RU
FUTURE LAND USE
Owner MULTIPLE OWNERS Case: ATA2011-08003
Property Size (Acres):
DIANE AREA PHASE D: Multiple lots south of Sunset Point 22 PARCELS @ 4.27 acres
Site:
Road, east of US 19 and north of SR 590 (see next page) + 1.366 acres ROW
Rights-of-way (Acres):
Land Use Zoning
Parcels—see next
PIN:
page
From:
RL, P (County) R-3 (County)
To:
RL, P, Drainage Feature LMDR, P (City)
Atlas Page: 264A
Overlay (City)
Item # 10
Meeting Date:
2/2/2012
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
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 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).
SUMMARY:
Review Approval:
Cover Memo
Item # 11
Attachment number 1 \nPage 1 of 2
Item # 11
Attachment number 1 \nPage 2 of 2
Item # 11
Attachment number 2 \nPage 1 of 2
Item # 11
Attachment number 2 \nPage 2 of 2
Item # 11
Attachment number 3 \nPage 1 of 1
Item # 11
Meeting Date:
2/2/2012
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
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.
SUMMARY:
Review Approval:
Cover Memo
Item # 12
Attachment number 1 \nPage 1 of 5
Item # 12
Attachment number 1 \nPage 2 of 5
Item # 12
Attachment number 1 \nPage 3 of 5
Item # 12
Attachment number 1 \nPage 4 of 5
Item # 12
Attachment number 1 \nPage 5 of 5
Item # 12
Meeting Date:
2/2/2012
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
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.
SUMMARY:
Review Approval:
Cover Memo
Item # 13
Attachment number 1 \nPage 1 of 2
Item # 13
Attachment number 1 \nPage 2 of 2
Item # 13
Attachment number 2 \nPage 1 of 1
Item # 13
Meeting Date:
2/2/2012
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
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
SUMMARY:
Review Approval:
Cover Memo
Item # 14
Attachment number 1 \nPage 1 of 2
Item # 14
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Meeting Date:
2/2/2012
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
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
SUMMARY:
Review Approval:
Cover Memo
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Meeting Date:
2/2/2012
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
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)
SUMMARY:
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 staffs
recommendations to enter into this agreement.
Staff is recommending that the Council ratify and confirm this decision.
Type:
Capital expenditure
Current Year Budget?:Budget Adjustment:
YesNo
Budget Adjustment Comments:
Current Year Cost:Annual Operating Cost:
$199,986-0-
Not to Exceed:Total Cost:
$199,986$199,986
For Fiscal Year:
2011 to 2012
Appropriation CodeAmountAppropriation Comment
315-93628$199,986
Bid Required?:Bid Number:
No
Other Bid / Contract:Bid Exceptions:
None
Review Approval:
Cover Memo
Item # 16
Meeting Date:
2/2/2012
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
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)
SUMMARY:
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 years event.
Details of expenses, facilities used and race route will be included in the agreement as exhibits once finalized.
Review Approval:
Cover Memo
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Meeting Date:
2/2/2012
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
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)
SUMMARY:
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.
Type:
Other
Current Year Budget?:Budget Adjustment:
YesNone
Budget Adjustment Comments:
Current Year Cost:Annual Operating Cost:
$ 12,861.72
$
Not to Exceed:Total Cost:
17,149.00
For Fiscal Year:
2012 to
Appropriation CodeAmountAppropriation Comment
181-9935612,861.72for FY 2012
Review Approval:
Cover Memo
Item # 18
Meeting Date:
2/2/2012
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Appoint Wayne Carothers to the Municipal Code Enforcement Board to fill the remainder of an unexpired term until October 31, 2014.
(consent)
SUMMARY:
APPOINTMENT WORKSHEET
Municipal Code Enforcement Board
BOARD:
TERM: 3 years
APPOINTED BY: City Council
FINANCIAL DISCLOSURE: Required
RESIDENCY REQUIREMENT: City of Clearwater
SPECIAL QUALIFICATIONS:
Whenever possible, this Board shall include an architect, engineer, businessperson, general
contractor, sub-contractor & a realtor
MEMBERS: 7
CHAIRPERSON: Michael Boutzoukas
MEETING DATES: 4th Wed., 1:30 p.m.
Nov. and Dec. - TBA
1
APPOINTMENTS NEEDED:
THE FOLLOWING ADVISORY BOARD MEMBER HAS RESIGNED AND NOW REQUIRES REPLACEMENT BY A NEW
APPOINTEE:
1. Donald van Weezel 1290 Gulf Blvd., #1408, 33767 Consultant/BA Economics & Business
Original Appointment: 3/4/10 (1st term to expire 10/31/14)
Resigned (Appointed to CDB at 12/14/11 council meeting)
THE FOLLOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCY:
1. Nino Accetta 2724 Via Murano Unit 626, 33764 Business owner/Banking
2. Wayne Carothers 1475 Excaliber Dr., 33764 Pres. Carr A/C & Htg. Inc./Sales Service Inst.
3. John Giotis 851 Bayway Blvd., Yatch House, Unit 103, 33767 Headmaster/School of the Immaculata
4. Robert Luna 774 Snug Island, Island Estates, 33767 Commercial Equipment & Real Estate Funding
5. Herb Quintero 515 Windward Passage, 33767 Contractor
Zip codes of current members:
2 at 33755; 2 at 33759; 2 at 33767
Current Categories:
1 Attorney
1 Clearwater Beach Chamber of Commerce
1 Ins. Claims Adjuster
1 Retired/BA Inst. Court Management
1 Retired/BA Political Science
1 Retail
Cover Memo
Item # 19
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Meeting Date:
2/2/2012
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
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.
SUMMARY:
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 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.
Type:
Capital expenditure
Current Year Budget?:Budget Adjustment:
YesYes
Budget Adjustment Comments:
Establish capital project 315-94871, Airpark Runway / Taxiway Extension and Rehabilitation.
Current Year Cost:Annual Operating Cost:
$1,875,000
Not to Exceed:Total Cost:
$1,875,000$1,875,000
For Fiscal Year:
2011 to 2012
Cover Memo
Item # 20
Appropriation CodeAmountAppropriation Comment
315-94871$1,875,000capital project 315-94871
Review Approval:
Attachment number 1 \nPage 1 of 1
Item # 20
Meeting Date:
2/2/2012
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
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.
SUMMARY:
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-
nd
63, which was in effect from November 2000 to October 2007. Ordinance 00-63 was invalidated by the 2 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 Countys 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.
Review Approval:
Cover Memo
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Meeting Date:
2/2/2012
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve 2012 Federal Legislative priorities.
SUMMARY:
Review Approval:
Cover Memo
Item # 22
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Federal Legislative Priorities
112th Congress, 2nd Session
APPROPRIATIONS
Capitol Theater Renovation -$3.8 million
Wastewater Infrastructure - $2.2 million
ISSUES TO SUPPORT
Support passage of the surface transportation authorizationbill to include funding for
transportation enhancement initiatives.
Support passage of the Water Resources Development Act to includ
for water and wastewater infrastructure for local governments.
Support passage of a long-term authorization of the National Flood Insurance Program.
Support legislation that increases funding for Brownfields asses
diversifies Brownfields remediation loans into grant opportunities.
Increase federal support for land and water conservation.
Urge passage of legislation to implement a national voice and data network for public
safety.
Provide funding for the implementation of Total Maximum Daily Lo
surface water.
Support legislation that would create and implement a national c
major disaster relief.
ISSUES TO OPPOSE
Oppose legislation that will eliminate or reduce FY 2010 funding levels of $3.9 billion for
the Community Development Block Grant (CDBG), and $1.9 billion for the HOME
Investment Partnership Program (HOME) and other HUD housing and
development programs that benefit local governments.
Oppose efforts that reduce or eliminate a municipalitys ability to collect franchise fees
for use of rights-of-way.
Oppose offshore oil drilling in the Gulf of Mexico until alterna
developed and implemented, and existing leases are utilized where appropriate.
Item # 22
Meeting Date:
2/2/2012
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Appoint one member to the Parks and Recreation Board with term to expire January 31, 2016.
SUMMARY:
APPOINTMENT WORKSHEET
Parks and Recreation Board
BOARD:
TERM: 4 years
APPOINTED BY: City Council
FINANCIAL DISCLOSURE: Not Required
RESIDENCY REQUIREMENT: City of Clearwater
SPECIAL QUALIFICATIONS: None
MEMBERS: 7
CHAIRPERSON: Ray Shaw
th
MEETING DATES: Quarterly (4 Tues.) - Jan., April, July, Oct.
PLACE: Long Center 6:30 p.m.
1
APPTS. NEEDED:
THE FOLLOWING ADVISORY BOARD MEMBER HAS A TERM WHICH EXPIRES AND NOW REQUIRES
REPLACEMENT BY A NEW APPOINTEE:
1. Ron Whitcomb 1009 Pearce Dr., #210, 33764 Original appointment 1/15/04
(2 absences in the past year)
nd
2
(Serving tem until 1/31/12)
THE FOLLOWING NAME(S) ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE
VACANCY:
1. Norene M. Marlow - 1315 Ranchwood Dr., 33764 - Homemaker/B.S. Finance
Zip codes of current members on board:
1 at 33755
2 at 33761
2 at 33764
2 at 33767
Review Approval:
1) Office of Management and Budget 2) Clerk
Cover Memo
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Meeting Date:
2/2/2012
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Harborview Center Feasibility Study
SUMMARY:
Review Approval:
Cover Memo
Item # 24