04/16/2012 CITY COUNCIL WORK SESSION MEETING MINUTES
CITY OF CLEARWATER
April 16, 2012
Present: Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember
Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember
Jay E. Polglaze.
Also Present: William B. Horne II - City Manager, Jill S. Silverboard - Assistant City
Manager, Rod Irwin - Assistant City Manager, Pamela K. Akin - City
Attorney, Rosemarie Call - City Clerk, and Nicole Sprague - Official
Records and Legislative Services Coordinator.
To provide continuity for research, items are in agenda order although not
necessarily discussed in that order.
Mayor George N. Cretekos called the meeting to order at 1:00 p.m. at City Hall.
1. Presentations
1.1 Service Awards
Eight service awards were presented to city employees.
The City Council recessed from 1:09 p.m. to 1:39 p.m. to meet as the Pension Trustees.
2. Financial Services
2.1 Approve settlement of a liability claim for payment of$40,000.00 and authorize
the appropriate officials to execute same. (consent)
On May 20, 2011, a Solid Waste semi-tractor-trailer hit the claimant's automobile
from the rear at a traffic light. The claimant car suffered $3,578.29 in property
damages. The claimant suffered injuries and underwent medical treatment. The
claimant's medical bills total $15,018.46. The claim can be settled for a payment
of$40,000.00 in exchange for a release of all claims against the City and the
City's driver. The City's limit of liability as provided by Section 768.28, Florida
Statutes is $100,000 per claim or a total of$200,000 for all claims. The City's Risk
Management Division and Claims Committee recommend this settlement.
Funding for the payment of this settlement is available in the budget for claims
expense in the Central Insurance Fund.
Staff was directed to provide information regarding the total available budget for claims.
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3. Library
3.1 Approve funding in the amount of$72,000 from the City General Fund Reserves
to undertake fencing and related improvements at the Main Library to define
pedestrian patterns and create a public arts area. (consent)
The Clearwater Main Library has been open for over 7 years. In this time, staff
has observed how the building is used and how visitors are accessing the facility.
The front entryway and the west terrace have begun showing signs of wear and
tear. The entryway is the main approach to this signature building and should
provide an appealing first impression. Working with the Parks and Recreation
Department, the staff has developed a plan to minimize maintenance and manage
access to the facility by creating a courtyard and adding a public art element. The
courtyard and terrace would be surrounded by decorative fencing, with new
landscaping replacing some of the larger pieces that have overgrown the
perimeters. The art element would tie in with the two existing galleries in the
library. The pump house roof would also get decorative fencing to match the
courtyard and terrace elements to preclude access. The plan would create
additional public art space, define the accessibility patterns around the main and
terrace entrances, reduce wear and tear on the exterior features, particularly by
limiting behavior within the courtyard area, such as smoking. The landscape
features would improve visibility. Between one and three art pieces could be
accommodated within this plan, either using the Sculpture 360 model or through
permanent addition to the city collection. This is not a budgeted, approved
project. It is estimated the project can be completed for $72,000. A mid-year
budget amendment will provide funding of$72,000 of General Fund reserves to
establish capital project 315-93529, Main Library Entryway Improvements.
In response to a question, Library Director Barbara Pickell said staff has not consulted
with Robert Stern, designer of Main Library, due to high consulting fee.
Discussion ensued with concerns expressed that the proposed fence does not integrate
with the Main Library's architecture and design.
Staff was directed to provide council with other design alternatives. There was
consensus to continue Item 3.1 to April 30, 2012.
3.2 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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The PPLC Board is requesting that the funds, which are currently restricted for
capital projects, be repurposed to be used for operating expenses that support
countywide services. It is their intent to use the funds to support delivery services
and automation system support. Both of those items had been in member library
line item budgets in previous years but the Cooperative picked up the fees,
utilizing state aid funds, beginning in 2008 to alleviate some of the strain on local
budgets. Unfortunately, state funds have declined to the point where this is no
longer an option.
Should the change not be approved by a majority of the participating cities in the
PPLC Interlocal Agreement, the additional cost to the Clearwater Public Library
System budget would be approximately $50,000 a year. Automation and delivery
are critical services needed to continue the normal operation of the libraries. At
this time, 5% of county funds for libraries are used for capital projects, 5% are set
aside for administration and 90% are distributed by formula to the cities. The
requested change would affect only the capital funds and would not affect the
normal distribution. Clearwater has received support from the capital funds on a
number of occasions, but there are fewer building projects at this time and the
requested change would only reduce the capital funding level so there should be
a limited impact on the intended purpose of the funds.
4. Parks and Recreation
4.1 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. (consent)
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 with the
operation of a first-class retail shopping center.
DDR is requesting that this requirement be waived for Unit 10, which they propose
to lease out to a new tenant doing business as 21 st 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.
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In response to questions, Parks and Recreation Director Kevin Dunbar said the DDR
owns the shopping center. The City purchased the Home Depot, which is a portion of
the shopping center. The City Attorney said the agreement controls the uses that may
go into the shopping center and how the parking is used; the City must consent to allow
certain uses. Mr. Dunbar said the school will have dedicated parking spaces.
A concern was expressed regarding allowing a charter school in that zoning district
(Commercial). The city Attorney said Council recently approved a code amendment to
allow schools in this zoning district.
Staff was directed to provide a copy of the application that was submitted after recent
code changes.
4.2 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)
A concrete pier was constructed over 50 years ago on Clearwater Beach at a
location west of the Rockaway parking lot. When the pier was constructed, it
extended into the surf and was used by tourists and locals for fishing and
sightseeing.
However, with the passing of time, the pier deteriorated and a portion was
removed about 20 years ago. A small section was left even though it stood
several hundred yards from water's edge for tourist and visitors to the beach to
use.
Staff is recommending that the remaining portion of the pier and remaining pilings
from the original pier be removed due to further deterioration, spalding of concrete
and potential unsafe conditions. A mid-year budget amendment will establish
project 315-92651, Mandalay Pier Demolition, with the appropriation of$90,000
from Parking Fund Reserves.
In response to questions, Parks and Recreation Director Kevin Dunbar said plans
include raising the sand wall 48 inches on the sand side. There are four beach
wheelchairs at Tower 0 and can be borrowed at any time. All beach access points are
ADA accessible.
5. Solid Waste/General Support Services
5.1 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-
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10, during the contract period May 1, 2012 through April 30, 2013 and authorize
the appropriate officials to execute same. (consent)
This blanket purchase order covers the purchase of unleaded and diesel fuel
delivered to the city fuel facility located at the Solid Waste compound on Hercules
Avenue. This fuel is used for all city equipment.
This is the first extension of a five-year contract leaving 2 years remaining.
Current price for unleaded is $3.66 per gallon and diesel is $3.71 per gallon.
Research indicates that the cost of fuel will continue to rise to a level above $4.00
per gallon for unleaded and diesel.
In response to questions, Solid Waste/General Services Assistant Director Rick Carnley
said staff has considered a joint purchase with Pinellas County but found the projected
prices to be higher than what the City has paid in the past.
6. Engineering
6.1 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)
This Agreement is for the purpose of developing a Watershed Management Plan
(WMP) for the Allen's Creek Watershed, a portion of which is within the
Clearwater Corporate limits.
The total project cost of$650,000 is funded by $325,000 in cooperative funding
from the Southwest Florida Water Management District (SWFWMD) and
$325,000 from the Agreement Partners. The requested $111,605.00 is for
Clearwater's 34.34% share of the Partners' $325,000, and is for the part of Allen's
Creek Watershed, which lies within the City of Clearwater corporate limits.
The Agreement allows the partners to work together on a watershed that crosses
political boundaries. This will provide a more efficient and accurate process along
with exploring improvements that may cross the same boundaries.
The completed Watershed Management Plan will identify solutions to reduce
flooding and improve water quality.
In addition, development of Watershed Management Plans has been helpful in
obtaining cooperative funding from the Southwest Florida Water Management
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District for implementation of projects. Sufficient budget is available in Capital
Improvement Program (CIP) project 0315-96176, Allen's Creek Watershed
Management Plan, to fund the agreement.
6.2 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)
The City is in the design phase of planned improvements to sanitary facilities in
the general area of North Betty Lane and Douglas Avenue.
The project includes reconstructing the roadway while the sanitary system is
replaced. The Stormwater Division is going to take this opportunity to replace the
stormwater infrastructure at the same time.
The subject property (Easement Area) is approximately 2.06 acres and is an
integral part of the stormwater system to be improved. The Easement Area is
identified as a lake, platted in Plat Book 13, Page 59 of the Public Records of
Pinellas County.
Public stormwater currently drains into the Easement Area. The proposed
easement will allow the City to maintain and implement improvements to the
property's drainage features.
The property owner has agreed to donate the easement to the City.
6.3 No item
7. Planning
7.1 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
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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
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.
In response to questions, Planner Lauren Matzke said concerns were raised during the
Community Development Board regarding the continued expansion of the Church's
parking and its impact to surrounding property values. Continued expansion to East will
require the Church to seek additional rezoning requests; the Church owns several
parcels along Cleveland Street.
Staff was directed to provide a copy of the correspondence from Mr. Vick.
7.2 Approve the annexation, initial Future Land Use Map designation of Residential
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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
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.
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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.
8. Official Records and Legislative Services
8.1 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)
There was consensus to appoint Sallie Parks.
9. Legal
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.
10. City Manager Verbal Reports — None.
11. Council Discussion Items
11.1 Relocation of Pinellas County Family Courtin Downtown Clearwater and
Downtown St. Petersburg to the Criminal Court Complex on 49th Street.
Mayor George N. Cretekos requested council consideration to pass resolution opposing
the relocation of the Pinellas County Family Court to the Criminal Court Complex on 49"
Street.
There was consensus for staff to draft a resolution.
11.2 Serving Alcohol along Beachwalk
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The City Attorney said Council has been approached by some restaurant owners along
Beachwalk for ability to serve alcohol. Serving alcohol along Beachwalk, particularly in
sidewalk cafes, would require an ordinance change. Staff is seeking council direction
regarding allowing the service of alcoholic beverages in the portion of Beachwalk that is
owned by the City and designated OSR, in conjunction with a sidewalk caf6 approval.
Staff anticipates requiring some sort of barrier to delineate where the alcohol is
permitted.
There was consensus for staff to draft an ordinance for council consideration.
11.3 Domestic Partnership Registry Mayor Cretekos
Mayor George N. Cretekos requested consideration for staff to draft an ordinance
similar to the City of Tampa, Florida. Morton Plant Hospital is comfortable with City
pursuing similar ordinance, which will allow domestic partners access to health/hospital
information that is not necessarily available to them now.
There was consensus for staff to draft an ordinance for council consideration.
12. Closing Comments by Mayor— None.
13. Adjourn
The meeting was adjourned at 3:02 p.m.
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