06/20/2012 CITY COUNCIL MEETING MINUTES
CITY OF CLEARWATER
June 20, 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.
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 — Rabbi David Weizman from Congregation Beth Shalom
3. Pledge of Allegiance — Councilmember Jay Polglaze
4. Presentations — Given.
4.1 USTA presentation - Judy Foster, Local USTA Representative
Judy Foster presented the City with a $2,000 check for 10 and under children's program
equipment at the McMullen Tennis Complex.
4.2 Be the Match - Marc Silver, Account Executive
Marc Silver encouraged all to become a registered bone marrow donor and visit
www.bethematch.org for more information.
4.3 Clearwater Relay for Life Presentation - Bill Sturtevant, Clearwater Downtown
Partnership Chair and Relay for Life Chair; Wendy Johnson, Executive Director
of the Pinellas County Unit of the American Cancer Society
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Wendy Johnson and Bill Sturtevant thanked the City for its continued support and
leadership and presented the City with a plaque.
5. Approval of Minutes
5.1 Approve the minutes of the June 7, 2012 City Council Meeting as submitted in
written summation by the City Clerk.
Councilmember Bill Jonson moved to approve the minutes of the June 7, 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
Clark Weaver expressed concern regarding the closed restrooms in Crest Lake Park
and suggested a fee for portable toilets be included in the Special Events permit
process.
Jack Mortimer said that the Downtown Neighborhood Association has been formed,
www.downtownneighborhood.net, and he is pleased to see the interest of the downtown
residents.
Joe Paige expressed his opposition to the Ruth Eckerd Hall agreement regarding the
Capitol Theater.
Steven Diaz requested council consideration to allow non-employed veterans to sell
non-alcoholic beverages on Clearwater Beach.
Public Hearings - Not before 6:00 PM
7. Administrative Public Hearings
7.1 Approve amendments to the Community Development Code providing density
and parking incentives for affordable housing developments, and pass
Ordinance 8313-12 on first reading. (TA2012-01001)
The City's Evaluation and Appraisal Report, which was released in August 2006,
indicated a need to create specific policies in the Clearwater Comprehensive Plan
to incentivize affordable housing, specifically calling for density bonuses and
parking reductions. In December 2008, the Clearwater City Council approved
amendments to the Clearwater Comprehensive Plan that included an objective
and policies relating to affordable housing incentives. This proposed amendment
to the Community Development Code implements that objective and policies.
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Proposed Ordinance 8313-12 includes the following amendments:
Clarifies that the densities contained in the Clearwater Comprehensive Plan can
be exceeded under the new affordable housing density provisions.
Sets forth the review and approval process for granting the affordable housing
density bonus.
Establishes a density bonus and sets forth how it is calculated, differentiating
between mixed-income affordable housing developments and other affordable
housing developments.
Sets forth standards that apply to all affordable housing developments that are
granted the density bonus, including compatibility criteria, design criteria and
green building criteria.
Sets forth criteria for a required covenant to maintain affordability, which address
both owner-occupied units and rental units.
Sets forth the standards for approval for the affordable housing parking incentive,
which allows a reduction in required parking spaces provided the criteria are met.
Clarifies that affordable housing developments receiving the density bonus will be
reviewed as a Level Two application.
Sets forth definitions for: affordable housing unit; dwelling, affordable housing
bonus density; and dwelling, reserved affordable housing.
The Community Development Board (CDB) reviewed the proposed amendment at
its meeting on April 17, 2012 and unanimously recommended the amendment for
approval.
At the City Council meeting on May 3, 2012, this item was tabled for further
revision. The desired language describing how to measure the distance from a
transit stop has been incorporated in the proposed ordinance.
In response to questions, Economic Development and Housing Director Geri Campos
Lopez said the proposed ordinance does not include an AMI (Area Median Income)
floor. The proposed ordinance encourages new rental housing within city limits and
encourages a portion of that to be affordable to the workforce, which is defined as 120%
AMI and below. Staff does not recommend establishing an AMI floor due to the
negative impact it would have on seniors, students, and city employees to reside in
Council 6/20/2012 3
these developments. Ms. Campos Lopez said the beginning salary for a city Finance
Clerk is approximately $21,000. A large portion of the city workforce is below the
$30,000 annual salary level; an AMI floor would not allow those individuals from residing
in these developments. Ms. Campos Lopez said the intent is to incentivize mixed-
income affordable housing developments that contain a maximum 25% affordable
housing units, with the remainder being market-rate housing units.
A concern was expressed that the proposed ordinance is geared to a low-income
housing plan with density and parking incentives. The proposed ordinance includes a
salary cap but not a minimum salary requirement.
Councilmember Jay Polglaze moved to approve amendments to the Community
Development Code providing density and parking incentives for affordable housing
developments. The motion was duly seconded. Mayor George N. Cretekos and
Councilmembers Doreen Hock-DiPolito, Bill Jonson and Jay Polglaze voted "Aye"; Vice
Mayor Paul Gibson voted "Nay".
Motion carried.
Ordinance 8313-12 was presented and read by title only. Councilmember Bill Jonson
moved to pass Ordinance 8313-12 on first reading. The motion was duly seconded.
In response to a question, Planner Catherine Lee said the required covenant for the
owner-occupied units is 20 years and 30 years for the rental units.
Upon roll call, the vote was:
'Ayes Mayor George N. Cretekos, Councilmember Doreen Hock-DiPolito,
Councilmember Bill Jonson, and Councilmember Jay E. Polglaze.
"Nays Vice Mayor Paul Gibson.
Motion carried.
7.2 Approve amendments to the Community Development Code revising Section 3-
909, Outdoor cafes located within public rights)-of-way, and pass Ordinance
8331-12 on first reading.
The Community Development Code currently addresses sidewalk cafes located
within public right(s)-of-way specifically as they apply to properties within the
Clearwater Downtown Redevelopment Plan area and the Tourist District on
Clearwater Beach. A number of restaurants within the Tourist District on
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Clearwater Beach along Beach Walk are oriented with their primary facades
opening onto public rights-of-way located within the Open Space/Recreation
District. With the completion of Beach Walk a number of requests have been
made for the provision of outdoor cafes on Beach Walk. These outdoor cafes
would necessarily be located within the Open Space/Recreation District. Outdoor
cafes and the serving of alcohol are currently not permitted within the Open
Space/Recreation District.
Proposed Ordinance 8331-12 includes the following amendments to address this
issue:
• Delineate a specific area within the Open Space/Recreation District and Beach
Walk where outdoor cafes are permitted;
• Provide specifications for the dimensions and locations for outdoor cafes
within the Open Space/Recreation District and Beach Walk;
• Provide a requirement that requests for all outdoor cafes regardless of location
are accompanied by drawings indicating the location of the cafes; and the
extent of alcoholic beverage sales;
• Provide for allowing alcohol beverages to be served in conjunction with legally
permitted outdoor cafes and
• Provide for the revocation of any permitted outdoor cafes; should the cafes not
meet the City's or public's best interest or any other reason.
The Community Development Board (CDB) will review the proposed amendment
at its meeting on June 19, 2012. The Planning and Development Department will
report the recommendation of the CDB at the City Council Meeting.
Planning and Development Director Michael Delk said staff is recommending the
following amendment to Section 3-909(A)(1)d to clarify the allowance going to the
confluence Coronado and Gulfview: "The east side of that area known as Beach Walk
as existing on the east side of Gulfview Boulevard between ,SeEend St-r the
northerly terminus of Beach Walk south of the Gulfview/Coronado confluence and the
southern terminus of Beach Walk approximately 330 feet south of Fifth Street ..."
Two individuals spoke in support, with one individual requesting consideration to allow
outdoor restaurant seating in front of Surf Style off the promenade.
In response to a question, the City Attorney said if Council wishes to extend outdoor
seating on the promenade, a separate ordinance would be required.
It was suggested that a 6-month sunset provision be implemented to see how the
allowance for outdoor cafes and the serving of alcohol within the Open
Space/Recreation District works.
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Vice Mayor Paul Gibson moved to approve amendments to the Community
Development Code revising Section 3-909, Outdoor cafes located within public right(s)-
of-way. The motion was duly seconded and carried unanimously.
Councilmember Jay Polglaze moved to amend Section 3-909(A)(1)d to read, "The east
side of that area known as Beach Walk as existing on the east side of Gulfview
Boulevard between ,SeEe,,d St-r the northerly terminus of Beach Walk south of the
Gulfview/Coronado confluence and the southern terminus of Beach Walk approximately
330 feet south of Fifth Street ..." The motion was duly seconded and carried
unanimously.
Ordinance 8331-12 was presented and read by title. Councilmember Bill Jonson moved
to pass Ordinance 8331-12 on first reading as amended. The motion was duly
seconded.
'Ayes Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember
Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember
Jay E. Polglaze.
"Nays None.
8. Second Readings - Public Hearing
8.1 Adopt Ordinance 8338-12 on second reading, providing for a referendum at a
special city election to be held in conjunction with the general Federal, State and
County election to be held on November 6, 2012, providing for authorization for
City Council to grant economic development ad valorem tax exemptions if the
ballot question is approved.
Ordinance 8338-12 was presented and read by title only. Councilmember Bill Jonson
moved to adopt Ordinance 8338-12 on second and final 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.
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9. Consent Agenda — Approved as submitted.
9.1 Approve settlement of a liability claim for payment of$75.000 and authorize the
appropriate officials to execute same. (consent)
9.2 Award a contract (purchase order) to KRONOS Inc.. Chelmsford. MA, in the
amount of$250.000 for the purchase and installation of Workforce Timekeeper
Software and Hardware to upgrade time and attendance management of hourly
employees across all city departments, in accordance with Section 2.564(1)(d).
Code of Ordinances - Other Governmental Bid (GSA Contract): approve a
transfer from retained earnings of the Administrative Services Fund in the
amount of$185.000: and authorize the appropriate officials to execute same.
consent
9.3 Approve a three-year Revocable License Agreement from July 1. 2012 to June
30. 2015 between the City of Clearwater and SK8 of Mind. Inc., to provide for
the operation and management of the pro shop at the Ross Norton Extreme Park
located at 1426 S. Martin Luther King Jr. Avenue and authorize the appropriate
officials to execute same. (consent)
9.4 Approve a Contract (Blanket Purchase Order) to Fleet Products of Tampa. FL in
the amount of$220.000 for the purchase of replacement vehicle parts used by
all City Departments during the contract period June 21. 2012 through June 20.
2013, in accordance with Sec. 2.5640)(d). Code of Ordinances. City of Tampa
Bid 41081810 and 41020612 and authorize the appropriate officials to execute
same. (consent)
9.5 Approve a lease amendment between the City of Clearwater and PV-JK
Clearwater Beach. LLC to correct a typographical error regarding the amount of
the security deposit and to reflect a change in ownership and authorize the
appropriate officials to execute same. (consent)
9.6 Accept a General Utilities Easement conveyed by the property owner of 21311
U.S. Highway 19 North. Clearwater, over a twenty-foot wide strip of land fronting
the south side of Drew Street. (consent)
9.7 Accept a Water Main Easement conveyed to the City by Progress Energy
Florida. Inc. over property addressed at 2497 Gulf to Bay Boulevard. Clearwater,
for water transmission in support of RO Plant 2. (consent)
9.8 Approve an amendment to the Public Schools Interlocal Agreement between the
City of Clearwater. Florida and the School Board of Pinellas County. Florida, and
the Municipalities within Pinellas County that contain public schools, deleting
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language related to school concurrency and authorize the appropriate officials to
execute same. (consent)
9.9 Appoint Paul J. Kelley to the Marine Advisory Board to fill the remainder of the
unexpired term until March 31. 2013. (consent)
9.10 Appoint Michael Potts to the Neighborhood and Affordable Housing Advisory
Board (NAHAB) as the Residential Home Building Industry representative with
term to expire June 30. 2016. (consent)
9.11 Appoint Councilmember Bill Jonson as FLC Voting Delegate. (consent)
Councilmember Doreen Hock-DiPolito moved to approve the consent agenda as
submitted and authorize the appropriate officials to execute same. The motion was duly
seconded and carried unanimously.
City Manager Reports
10. Other Items on City Manager Reports
10.1 Amend the City's fiscal year 2011/12 Operating and Capital Improvement
Budgets at midyear and pass Ordinances 8341-12 and 8342-12 on first reading.
The fiscal year 2011/12 Operating and Capital Improvement Budgets were
adopted in September 2011 by Ordinances 8285-11 and 8286-11. Section 2.521
of the City's Code of Ordinances requires the City Manager to prepare a quarterly
report detailing income, expenditure estimates, collections, the explanation of
significant variances, as well as the financial status of all capital improvement
projects.
Councilmember Doreen Hock-DiPolito moved to Amend the City's fiscal year 2011/12
Operating and Capital Improvement Budgets at midyear. The motion was duly
seconded and carried unanimously.
Ordinance 8341-12 was presented and read by title only. Councilmember Jay Polglaze
moved to pass Ordinance 8341-12. 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
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Jay E. Polglaze.
"Nays None.
Ordinance 8342-12 was presented and read by title only. Vice Mayor Paul Gibson
moved to pass Ordinance 8342-12 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.
10.2 Amend and restate Division 3 of Article V of Chapter 2 of the Clearwater Code of
Ordinances; adopting a revised City of Clearwater Employee Pension Plan
effective January 1, 2013; provide for a referendum question to appear on the
ballot for the November 6, 2012 General Election and Pass Ordinance 8333-12
on first reading.
In 2010, the City Council directed staff to explore changes to the current
Employee Pension Plan benefits with the goal of reducing the City's cost while
maintaining appropriate benefit levels that would continue to provide a viable
pension benefit and maintain the City's ability to recruit and retain a quality
workforce. Proposed Pension Plan changes were collectively bargained by the
City with each of its three Union's; Communications Workers of America,
Fraternal Order of Police, and International Association of Firefighters. The
agreed upon changes were ratified by each bargaining unit and subsequently
approved by City Council in January of 2012, with the expectation of presenting
the changes to the citizens of Clearwater through a public referendum as
required by the current ordinance.
The proposed ordinance restatement would include the following provisions:
• All Employees (Hazardous and Non-Hazardous) who are vested in the Plan
and separate from employment with the City prior to the effective date of the
restated ordinance would be eligible upon retirement to receive the same
pension benefits currently in effect.
• All current employees (Hazardous and Non-Hazardous) who remain
employed and employees who are hired as of or after the effective date of the
restated ordinance would be eligible upon retirement to receive a portion of
the retirement benefit as a one-time lump sum payment equivalent to 10%,
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20% or 30% of the actuarial value of the earned benefit with a corresponding
reduction in the monthly benefit thereafter; would be eligible to return to work
with the City as a full time employee (other than as a Police Officer or
Firefighter) following retirement and to participate in Social Security but not in
the Pension Plan; and would be eligible for their beneficiary to be permitted to
choose any benefit payment option should the employee pass away prior to
retirement.
• All other benefits for current employees (Hazardous and Non-Hazardous)
who are eligible to retire prior to the effective date of the restated ordinance
would remain the same.
• Current Non-Hazardous duty employees who are not eligible to retire as of
the effective date of the restated ordinance and remain employed with the
City and Non-Hazardous duty employees hired on or after the effective date
of the restated ordinance would be subject to the following changes in the
current pension benefits upon retirement:
1. The normal form of benefit would be a life annuity with a reduction in the
monthly pension benefit amount if a different form of benefit is elected.
2. Overtime and additional pays earned for years of service after the
effective date of the restated ordinance would not be included in the
pension calculation upon retirement.
3. The annual 1.5% COLA would be delayed for five years after the date of
retirement on all pensionable earnings for years of service after the
effective date of the restated ordinance.
4. The job connected disability benefit would be reduced to 42% of salary.
• Non-Hazardous duty employees hired on or after the effective date of the
restated ordinance would also be subject to a change in the current pension
multiplier from 2.75% to 2.0%; a change in the retirement eligibility age
requirement from age 55 to age 60; and a change in the retirement eligibility
years of service requirement from 20 years of service to 25 years of service.
• Current Hazardous duty employees who are not eligible to retire as of the
effective date of the restated ordinance and remain employed with the City
and Hazardous duty employees hired on or after the effective date of the
restated ordinance would be subject to the following changes in the current
pension benefits upon retirement:
1. The employee Pension contribution would be increased from 8% to 10%
of covered salary.
2. The annual 1.5% COLA would be eliminated on all pensionable earnings
for years of service after the effective date of the restated ordinance.
These proposed pension benefit changes have been estimated by the City's
actuary to save the City approximately $4.5 Million in the first year after
implementation and approximately $400 Million over the next 30 years.
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An Actuary Impact Statement has been completed and the proposed changes
have been reviewed and approved by the Plan Attorney's, Klausner and
Kaufman, PA; and the Benefits Administrator, State of Florida Division of
Retirements.
If the referendum is approved, the cost associated with the City contribution will
be based on the annual actuarial analysis and will be included in subsequent
budgets.
Councilmember Jay Polglaze moved to amend and restate Division 3 of Article V of
Chapter 2 of the Clearwater Code of Ordinances; adopting a revised City of Clearwater
Employee Pension Plan effective January 1, 2013; provide for a referendum question to
appear on the ballot for the November 6, 2012 General Election. The motion was duly
seconded and carried unanimously.
Ordinance 8333-12 was presented and read by title only. Vice Mayor Paul Gibson
moved to pass Ordinance 8333-12 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.
10.3 Authorize the adoption of Supplemental Joint Participation Agreement (JPA)
Number 1 between the City of Clearwater and the State of Florida Department of
Transportation (FDOT) amending contract AQJ28 to include additional work
under the JPA, such as, the completion of groundwater cleanup, the purchase
and installation of an automated weather operating system (AWOS), and the
purchase of a portable fueling trailer, auxiliary power unit, and aircraft tug;
authorize the appropriate officials to execute same and adopt Resolution 12-11.
The Florida Department of Transportation (FDOT) authorized $1.5 million dollars
in aviation funding to install the appropriate lighting, markings, and a Precision
Approach Path Indicator (PAPI) System to the Clearwater Airpark runway, extend
the runway to the north to improve safety, and to repair the taxiway via JPA
contract AQJ28. The Council authorized the appropriate officials to execute same
and adopted Resolution 12-04 on February 2, 2012.
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Supplemental JPA Number 1 amends the JPA to include additional work within
the scope of the original contract. The additional work includes the completion of
groundwater cleanup, which would include field-testing of monitoring wells, lab
sampling and report production, the purchase and installation of an automated
weather operating system (AWOS), consultant fees, engineering of the site
preparation, construction of a pad, electrical installation, and the application
process. The purchase of a portable fueling trailer to move Jet A fuel to aircraft,
the purchase of an auxiliary power unit to assist aircraft powering up and the
purchase of an aircraft tug to safely move aircraft in and around the airport is also
included.
Adoption of this Supplemental Joint Participation Agreement Number 1 will not
increase the total cost of the JPA.
Councilmember Bill Jonson moved to authorize the adoption of Supplemental Joint
Participation Agreement (JPA) Number 1 between the City of Clearwater and the State
of Florida Department of Transportation (FDOT) amending contract AQJ28 to include
additional work under the JPA, such as, the completion of groundwater cleanup, the
purchase and installation of an automated weather operating system (AWOS), and the
purchase of a portable fueling trailer, auxiliary power unit, and aircraft tug; authorize the
appropriate officials to execute same. The motion was duly seconded and carried
unanimously.
Resolution 12-11 was presented and read by title only. Councilmember Doreen Hock-
DiPolito moved to adopt Resolution 12-11. 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.
10.4 Amend numerous sections of Chapter 22 of the City of Clearwater Code of
Ordinances relating to Parks, Beaches, and Recreation and pass Ordinance
8340-12 on first reading.
On February 3, 2005, the City Council approved Ordinance 7376-05 amending
Section 22.24 by adding the hours of operation for each City park in the Code of
Ordinances; requiring at least one prominently posted sign be installed at each
park stating the hours of operation; and providing an exception to the closing
Council 6/20/2012 12
hours which would allow a permit to be issued by the Department or the City
Manager.
From time to time Section 22.24 of the Code of Ordinances needs to be reviewed
and updated to reflect accurately any changes that may have occurred since the
last amendment. The last update was on October 20, 2011, approving Ordinance
8293-11, which amended park hours and eliminated properties no longer used as
a park. In the interest of the public health, safety and welfare, and for the
preservation of public property, staff is recommending that the Ordinance be
amended as follows:
Section 22.24 Authority to regulate beaches, park property, and the Courtney
Campbell Recreation Area: Modifying park hours for various parks or portions
thereof. Fifty-three (53) parks are closed from sunset to sunrise, nine (9) from
9:00 p.m. to 6:00 a.m. and ten (10) from 10:00 p.m. to 6:00 a.m.
Section 22.28 Protection and preservation of property: Limiting bathing to
recreation facilities specifically set aside for such purpose.
Section 22.37 Use of Restrooms and Other Park Structures: Eliminating
references to bathhouses. Section 22.38 Camping: Prohibiting camping on any
public beach or park property except by special event permit.
Section 22.40. Domestic animals: Providing for an exception to the regulation of
animals on public beaches and park property to allow for the training and use of
service animals in accordance with State and Federal regulations.
Section 22.59. Possession of alcoholic beverages: Replacing a reference to
Clearwater Executive Golf Course with The Landings Golf Club and replacing a
reference to City Commission with City Council.
Section 22.86. Appeal of Denial: Replacing all references to City Commission
with City Council.
Section 22.91. Procedural Requirements; Certain Use Provisions Not Applicable:
Replacing references to reserved sections of the Code of Ordinances with
appropriate references to the Clearwater Community Development Code. The
amending of this Ordinance will provide for a tool that can be used by City law
enforcement officers to more effectively patrol City parks and enforce the rules
and regulations at each park.
Council 6/20/2012 13
Councilmember Jay Polglaze moved to amend numerous sections of Chapter 22 of the
City of Clearwater Code of Ordinances relating to Parks, Beaches, and Recreation. The
motion was duly seconded and carried unanimously.
Ordinance 8340-12 was presented and read by title only. Councilmember Doreen
Hock-DiPolito moved to pass Ordinance 8340-12 on first reading. 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.
10.5 Approve the rescinding of Ordinance 7650-06 which vacated a utility easement
and alley in the 1900 block of Edgewater Drive, more particularly described
therein; and pass Ordinance 8339-12 (formally Ordinance 8328) on first reading
and withdraw Ordinance 8328-12.
City Council passed and adopted Ordinance 7650-06 on July 20, 2006, vacating a
utility easement and alley in the 1900 block of Edgewater Drive. The ordinance
was adopted subject to certain conditions that were never satisfied and the
allotted time for the satisfaction of these conditions has expired. The ordinance
expressly states that if conditions are not met within the allotted time, "this
ordinance will thereafter be null and void in all respects as though never adopted."
In the interest of leaving a clear chain of title to real property, staff recommends
approval of a corrective ordinance. Ordinance 8339-12 will rescind Ordinance
7650-06 leaving no uncertainty that the vacation of the alley and utility easement
described therein it is null and void.
Vice Mayor Paul Gibson moved to approve the rescinding of Ordinance 7650-06, which
vacated a utility easement and alley in the 1900 block of Edgewater Drive, more
particularly described therein and withdraw Ordinance 8328-12. The motion was duly
seconded and carried unanimously.
Ordinance 8339-12 was presented and read by title only. Councilmember Bill Jonson
moved to pass Ordinance 8339-12 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.
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"Nays None.
10.6 Approve a Contract for Purchase of Real Property between Ruth Eckerd Hall,
Inc. and the City of Clearwater for the City's purchase of real property at 409
Cleveland Street, Clearwater, with a purchase price at market value as
determined by the average of two independent appraisals; and authorize
appropriate officials to execute same, together with all other instruments required
to affect closing.
The subject property is located at 409 Cleveland Street and is leased for use as a
retail establishment. The parcel is approximately 1,638 square feet and is located
east of, and contiguous with, the City-owned Capitol Theatre. The property is
improved with a single-story commercial structure containing 1,573 square feet.
Ruth Eckerd Hall, Inc. is currently under contract to purchase the property from
the current owners for a purchase price of$550,000. Under the contract, Ruth
Eckerd Hall, Inc. has a due diligence period ending on June 24, 2012 within which
it may terminate the contract. The contract expressly states that the Seller will
give possession at closing without any tenants. City staff has negotiated to then
purchase the property from Ruth Eckerd Hall, Inc. at a purchase price equal to
market value. Market value will be derived by calculating the average of two
independent appraisals. The appraisal reports will be available for discussion
during the City Council Work Session on June 18, 2012. Market value is expected
to be less than the purchase price stipulated in the Ruth Eckerd Hall, Inc.
purchase contract.
The intended use of the property is to facilitate the renovation and enhanced
functionality of the Capitol Theatre. Following the City's acquisition of the
property, if approved, City staff will prepare a long-term lease and operating
agreement between the City and Ruth Eckerd Hall, Inc. for use of the property in
support of Theatre operations. Funding for the purchase will be provided from
capital project 315-93623, Capital Theatre.
Councilmember Jay Polglaze moved to approve a Contract for Purchase of Real
Property between Ruth Eckerd Hall, Inc. and the City of Clearwater for the City's
purchase of real property at 409 Cleveland Street, Clearwater, with a purchase price at
market value as determined by the average of two independent appraisals; and
authorize appropriate officials to execute same, together with all other instruments
required to affect closing. The motion was duly seconded and carried unanimously.
10.7 Approve adding violations of Chapter 22, Code of Ordinances, to the ordinance
violations that are punishable by a fine of up to $500, imprisonment for not more
Council 6/20/2012 15
than 60 days, or both a fine and imprisonment and pass Ordinance 8344-12 on
first reading.
Chapter 22 regulates the use of parks within the city. Section 1.12 of the
Clearwater Code of Ordinances sets out those ordinance violations that are
arrestable violations and are punishable by fine, imprisonment, or both. Adding
Chapter 22 to the ordinances that are so punishable would allow police officers to
arrest violators of this section.
Vice Mayor Paul Gibson moved to approve adding violations of Chapter 22, Code of
Ordinances, to the ordinance violations that are punishable by a fine of up to $500,
imprisonment for not more than 60 days, or both a fine and imprisonment. The motion
was duly seconded and carried unanimously.
Ordinance 8344-12 was presented and read by title only. Councilmember Bill Jonson
moved to pass Ordinance 8344-12 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.
Miscellaneous Reports and Items
11. City Manager Verbal Reports
11.1 City Manager Verbal Reports
The City Manager said the City has received a request for a special event in Crest lake
Park; staff has agreed to supply the port-o-lets for that particular event. Future special
event applicants will be made aware of the expectation to cover cost of the port-o-lets.
12. Closing Comments by Mayor
Mayor George N. Cretekos reviewed recent and upcoming events.
Council 6/20/2012 16
13. Adiourn
The meeting was adjourned at 8:00 p.m.
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Attest
Mayor
City of Clearwater
Council6/20/2012 17