04/19/2012 CITY COUNCIL MEETING MINUTES
CITY OF CLEARWATER
April 19, 2012
Present: Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember
Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember
Jay E. Polglaze.
Also Present: Jill S. Silverboard - Assistant City Manager, Rod Irwin -Assistant City
Manager, Dick Hull —Assistant City Attorney, Rosemarie Call - City
Clerk, and Nicole Sprague - Official Records and Legislative Services
Coordinator.
To provide continuity for research, items are in agenda order although not
necessarily discussed in that order.
1. Call to Order— Mayor George N. Cretekos
The meeting was called to order at 6:00 p.m. at City Hall.
2. Invocation — Mayor George N. Cretekos
3. Pledge of Allegiance — Councilmember Doreen Hock- iPolito
4. Presentations — Given.
4.1 The Neighborhood and Home of the Year. The Neighborhood, Business
Beautification, and Homes of the Quarter Awards for the Spring Season.
The Spring 2012 Business Beautification Award was presented to Nature's Food Patch,
1225 Cleveland Street. The Northwood Estates neighborhood was presented with the
Neighborhood of the Quarter Award. Home of the Quarter Awards were presented to
Luanne Hammond, 301 Pegasus Avenue and Leslie and Denise McConnell, 1531
Maple Street. The 2011/12 Neighborhood of the Year was presented to Morningside-
Meadows Estates and the 2011/12 Home of the Year Award was presented to Todd
Olson and Kimberly Monge, 1411 N. Osceola Avenue.
4.2 Arbor Day Proclamation, April 28, 2012 - Eric Kleinman, Parks and Rec.
4.3 National Volunteer Week Proclamation, April 15-21, 2012 - Philip Harris,
Director of Community Services and Public Policy -United Way of Tampa Bay
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4.4 Swim Across America Proclamation, May 5, 2012 - Robert Shapiro, Volunteer
Event Coordinator for Swim Across America
4.5 Honor Flight of West Central Florida - Richard C. Koch, Lt. Colonel, USAF (Ret.)
4.6 Service Awards
One service award was presented to a city employee.
5. Approval of Minutes
5.1 Approve the minutes of the April 5, 2012 City Council Meeting as submitted in
written summation by the City Clerk.
Councilmember Bill Jonson moved to approve the minutes of the April 5, 2012 City
Council Meeting as submitted in written summation by the City Clerk. The motion was
duly seconded and carried unanimously.
6. Citizens to be Heard re Items Not on the Agenda
Smokey Townson requested Council support for the East Gateway Stakeholder
Advisory Group to approve a vision of shops and handcrafted goods for downtown
Clearwater, similar to that of Tlaquepaque, Arizona.
Public Hearings - Not before 6:00 PM
7. Administrative Public Hearings
7.1 Continue to May 17, 2012: Approve the annexation, initial Future Land Use Map
designation of Residential Low (RL) and initial Zoning Atlas designation of Low
Medium Density Residential (LMDR) District for 2172 Burnice Drive (Lot 5, Glen
Ellyn Estates in Section 24, Township 29 South, Range 15 East) together with
the abutting right-of-way of Burnice Drive and together with the additional right of
way of Burnice Drive abutting 2160 and 2166 Burnice Drive; and Pass
Ordinances 8319-12, 8320-12 and 8321-12 on first reading. (ANX2012-02001)
This voluntary annexation petition involves a 0.237-acre property consisting of
one parcel of land occupied by a single-family dwelling. It is located on the north
side of Burnice Drive approximately 345 feet west of Belcher Road. The applicant
is requesting this annexation in order to receive sanitary sewer and solid waste
service from the City. The Planning and Development Department is requesting
that the 0.3098-acres of abutting and adjacent right-of-way of Burnice Drive not
currently within the City limits also be annexed. The property is contiguous to
existing City boundaries to the north, east, and west. It is proposed that the
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property be assigned a Future Land Use Map designation of Residential Low (RL)
and a Zoning Atlas designation of Low Medium Density Residential (LMDR).
The Planning and Development Department determined that the proposed
annexation is consistent with the provisions of Clearwater Community
Development Code Section 4-604.E as follows:
The property currently receives water service from Pinellas County. Collection of
solid waste and sewer service will be provided by the City. The property is located
within Police District III and service will be administered through the district
headquarters located at 2851 N. McMullen Booth Road. Fire and emergency
medical services will be provided to this property by Station 47 located at 1480
Lakeview Road. The City has adequate capacity to serve this property with
sanitary sewer, solid waste, police, fire and EMS service. The proposed
annexation will not have an adverse effect on public facilities and their levels of
service; and
The proposed annexation is consistent with and promotes the following objective
of the Clearwater Comprehensive Plan:
Objective A.6.4 Due to the built-out character of the City of Clearwater, compact
urban development within the urban service area shall be promoted through
application of the Clearwater Community Development Code.
Objective A.7.2 Diversify and expand the City's tax base through the annexation
of a variety of land uses located within the Clearwater Planning Area.
Policy A.7.2.3 Continue to process voluntary annexations for single-family
residential properties upon request.
The proposed Residential Low (RL) Future Land Use Map category is consistent
with the current Countywide Plan designation of this property. This designation
primarily permits residential uses at a density of 5 units per acre. The proposed
zoning district to be assigned to the property is the Low Medium Density
Residential (LMDR) District. The use of the subject property is consistent with the
uses allowed in the district and the property exceeds the district's minimum
dimensional requirements. The proposed annexation is therefore consistent with
the Countywide Plan and the City's Comprehensive Plan and Community
Development Code; and
The property proposed for annexation is contiguous to existing City boundaries to
the north, east and west; therefore, the annexation is consistent with Florida
Statutes Chapter 171.044.
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Vice Mayor Paul Gibson moved to continue Item 7.1 to May 17, 2012. The motion was
duly seconded and carried unanimously.
8. Quasi-judicial Public Hearings
8.1 Approve a Future Land Use Map Amendment from the Residential Urban (RU)
Classification to the Institutional (1) Classification and a Zoning Atlas
Amendment from the Low Medium Density Residential (LMDR) District to the
Institutional (1) District for property located at 3043 and 3047 Cleveland Street
(consisting of the South of the Southwest of the Northwest of the Northwest of
Section 16, Township 29 South, Range 16 East less and except the South 32
feet thereof, and less the north 20 feet thereof ), and pass Ordinances 8316-12
and 8317-12 on first read ing.(LUP2012-01001 and REZ2012-01001)
This future land use map amendment and rezoning application involves 0.41-
acres of property located on Cleveland Street south of Drew Street and west of
McMullen Booth Road. The property is comprised of two parcels, which are
currently vacant. The request is to change the property's Future Land Use Map
designation of Residential Urban (RU) to Institutional (1) and the zoning district
from Low Medium Density Residential (LMDR) to Institutional (1).
The parcels are owned by Calvary Baptist Church, which is located on the corner
of Drew Street and McMullen Booth Road. The church has been purchasing
parcels adjacent to and in the vicinity of the subject property over the last several
years in order to accommodate growth of the church, associated school campus
and athletic facilities, including a recently constructed a football stadium located
northwest of the subject property. In 2010, the city approved a future land use
amendment from the Residential Urban (RU) Classification to the Institutional (1)
Classification and a rezoning from Low Medium Density Residential (LMDR) to
Institutional (1) for 29 parcels comprising 5.43 acres located south of the subject
property (LUZ2009-12004 and LUZ2010-05001).
The Planning and Development Department has determined that the proposed
future land use map amendment and zoning atlas amendment is consistent with
the Community Development Code as specified below:
• The proposed amendment is consistent with the Comprehensive Plan, the
Countywide Plan Rules, and the Community Development Code
• The proposed amendment is compatible with the surrounding property and
character of the neighborhood
• The available uses in the Institutional (1) District are compatible with the
surrounding area
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The Community Development Board reviewed these applications at its public
hearing on March 20, 2012 and recommended approval of the Future Land Use
Plan amendment and Zoning Atlas amendment with a vote of 5-1, with one
member abstaining.
Administrative Hearing
Planning and Development Assistant Director Gina Clayton reviewed request and said
the Community Development Board reviewed the applications on April 17, 2012 and
unanimously recommended approval. The Board reviewed the applications twice due
to a noticing error; property was not posted.
Applicant representative Howard Parker reviewed the request. The two parcels are
vacant properties and will be used to augment the Church's parking area. There will be
no access to the parking area from the street; no traffic will flow onto Cleveland Street.
In response to questions, Mr. Parker said the Church has contacted the neighboring
residents; no objections were raised as long as traffic is maintained off Cleveland
Street.
Councilmember Doreen Hock-DiPolito moved to approve a Future Land Use Map
Amendment from the Residential Urban (RU) Classification to the Institutional (1)
Classification. The motion was duly seconded and carried unanimously.
Ordinance 8316-12 was presented and read by title only. Councilmember Jay Polglaze
moved to pass Ordinance 8316-12 on first reading. The motion was duly seconded and
upon roll call, the vote was:
'Ayes Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember
Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember
Jay E. Polglaze.
"Nays None.
Quasi-Judicial Hearing
Councilmember Doreen Hock-DiPolito moved to approve a Zoning Atlas Amendment
from the Low Medium Density Residential (LMDR) District to the Institutional (1) District
for property located at 3043 and 3047 Cleveland Street (consisting of the South of the
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Southwest of the Northwest of the Northwest of Section 16, Township 29 South, Range
16 East less and except the South 32 feet thereof, and less the north 20 feet thereof).
The motion was duly seconded and carried unanimously.
Ordinance 8317-12 was presented and read by title only. Vice Mayor Paul Gibson
moved to pass Ordinance 8317-12 on first reading. The motion was duly seconded and
upon roll call, the vote was:
'Ayes Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember
Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember
Jay E. Polglaze.
"Nays None.
9. Second Readings - Public Hearing
9.1 Adopt Ordinance 8318-12 on second reading, amending the Community
Development Code, Part II, section 47.031(1) Building/Flood Board of
Adjustment and Appeals to add an alternate member.
Ordinance 8318-12 was presented and read by title only. Councilmember Bill Jonson
moved to adopt Ordinance 8318-12 on second and final reading. Councilmember Bill
Jonson moved to adopt Ordinance 8318-2. The motion was duly seconded and upon
roll call, the vote was:
"Ayes Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember
Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember
Jay E. Polglaze.
"Nays None.
10. Consent Agenda —Approved as submitted.
10.1 Approve settlement of a liability claim for payment of$40.000.00 and authorize
the appropriate officials to execute same. (consent)
10.2 Recommend the approval of a change to the distribution formula for county
funds through PPLC (Pinellas Public Library Cooperative) to allow use for
support of the countywide Automation System and countywide delivery services
for library materials. (consent)
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10.3 Approve a new Capital Improvement Project entitled Mandalay Pier Demolition
(CIP 315-92651) for $90,000 for the removal of a deteriorating Pier located west
of the Rockaway parking lot, and transfer funds at mid-year from the Parking
Fund Reserves to cover the cost of this project. (consent)
10.4 Award a contract (Blanket Purchase Order) to Jet Age Fuel of Clearwater, FL for
an amount not to exceed $3,700,000 for the purchase of unleaded and diesel
fuel for city motorized equipment, as per the award of City of Clearwater RFP 19-
10, during the contract period May 1, 2012 through April 30, 2013 and authorize
the appropriate officials to execute same. (consent)
10.5 Approve a Cooperative Agreement between Pinellas County, the City of
Clearwater, and the City of Largo for the development of the Allen's Creek
Watershed Management Plan in the amount of$111,605.00 and authorize the
appropriate officials to execute same. (consent)
10.6 Accept a Drainage Easement donated to the City over a portion of Brooklawn
Subdivision, Block M, for use of the property as part of the City's public
stormwater system. (consent)
10.7 Appoint Sallie Parks to the Sister Cities Advisory Board as the Clearwater Arts
Alliance representative to fill the remainder of an unexpired term through
December 31, 2014. (consent)
Councilmember Jay Polglaze moved to approve the Consent Agenda as submitted and
authorize the appropriate officials to execute same. The motion was duly seconded and
carried unanimously.
City Manager Reports
11. Other Items on City Manager Reports
11.1 Approve the Waiver of the Use Restriction under Section 3(B)(1) of the
Operation Easement Agreement (OEA) among DDR Southeast Clearwater
Development, L.L.C. (DDR), City of Clearwater (City) and Phillies Florida LLC
(Phillies) in order to allow DDR to lease space known as Unit 10 for the limited
use as a charter school.
On September 3, 2002, an OEA was approved between DDR, City and Phillies
and amended on June 25, 2009, the purpose of which was for the construction
and shared parking for Brighthouse Networks Field.
Pursuant to Section 3(B)(1) of the OEA, DDR was restricted to the type of
tenants who could occupy the Shopping Center; those that were not inconsistent
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with the operation of a first-class retail shopping center. (Use Restriction) DDR
is requesting that this requirement be waived for Unit 10, which they propose to
lease out to a new tenant doing business as 21st Century High School of Pinellas
(Newpoint Pinellas) to conduct a charter school. Newpoint Pinellas will be
prohibited from using parking spaces designated for the exclusive use by the
Phillies as set forth in the OEA. City staff and the Phillies have no objection
with this request and are in favor of the waiver.
In response to a question, Parks and Recreation Director Kevin Dunbar said there are
parking spaces dedicated to Newpoint Pinellas.
Councilmember Doreen Hock-DiPolito moved to approve the Waiver of the Use
Restriction under Section 3(B)(1) of the Operation Easement Agreement (OEA) among
DDR Southeast Clearwater Development, L.L.C. (DDR), City of Clearwater (City) and
Phillies Florida LLC (Phillies) in order to allow DDR to lease space known as Unit 10 for
the limited use as a charter school. The motion was duly seconded and carried
unanimously.
Miscellaneous Reports and Items
12. City Manager Verbal Reports — None.
13. Closing Comments by Mayor
Mayor George N. Cretekos reviewed recent and upcoming events and congratulated
Eleana Frangedis for being crowned Miss Teen America 2012.
14. Adjourn
The meeting was adjourned at 7:15 p.m.
georie , CrC\t kS
Mayor
Attest City of Clearwater
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City Clerk ;, , 44'
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