06/18/2012 WORK SESSION MEETING MINUTES
CITY OF CLEARWATER
June 18, 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 agenda order although not
necessarily discussed in that order.
The meeting was called to order at 1:00 p.m. at City Hall.
1. Presentations — Given.
1.1 Service Awards
Four service awards were presented to city employees.
The Council recessed from 9:06 a.m. to 9:20 a.m. to meet as the Pension Trustees.
2. Office of Management and Budget
2.1 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.
Budget Director Tina Wilson said the General Fund revenues and expenditure
amendments reflect a net increase of$1,524,003. The major reason for the overall
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General Fund expenditure increase is the appropriation of General Fund retained
earnings of$1,251,220 at midyear, which includes the $838,000 for the RNC Police
Overtime project and $246,000 for the RNC Fire project. The estimated General Fund
reserves at midyear are approximately $21.2 million, or 19.4% of the current year's
General Fund budget, exceeding council's reserve policy by $11.9 million. Midyear
amendments to the Marine Fund reflect a net decrease of$94,290 primarily related to a
reduction of$80,000 in Cost of Goods Sold due to lower than expected fuel sales.
Midyear budget amendments to the Administrative Services Fund reflect an increase of
$105,000, which represents an allocation of Administrative Services Fund to establish
and fund the Citywide Camera System project as approved by Council on May 3, 2012.
In response to questions, Parks and Recreation Director Kevin Dunbar said the
Clearwater for Youth Foundation was awarded $100,000 in grant funding by the
National Football League for the North Greenwood Athletic Fields. Staff is coordinating
the groundbreaking ceremony with the Tampa Bay Buccaneers. Ms. Wilson said
Clearwater is not the only municipality with a franchise and utility tax.
3. Financial Services
3.1 Approve settlement of a liability claim for payment of$75,000 and authorize the
appropriate officials to execute same. (consent)
On June 12, 2010, the claimant requested to ride along with a Police Department
officer via the City's citizen ride-along program. The officer was dispatched to a hit
and run on a pedestrian call. A third party vehicle failed to yield at a stop sign. The
officer swerved off the road and hit several trees and an apartment building
stairway. The cruiser suffered $11,156 in damages.
The claimant suffered injuries and underwent medical treatment including surgery.
The claimant's medical bills total $194,484.82. The claim can be settled for a
payment of$75,000.00 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 City's Claims Committee recommend approval of this
settlement.
Funding for the payment of this settlement is available in the budget for claims
expense in the Central Insurance Fund.
4. Human Resources
4.1 Amend and restate Division 3 of Article V of Chapter 2 of the Clearwater Code of
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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%, 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.
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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.
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.
Staff was directed to provide a strikethrough and underline version of the proposed
ordinance.
In response to questions, the City Attorney said the City may make factual statements
of what the pension changes are and will do. Florida statutes restrict the use of city
funds to take a position on the matter. As elected officials, councilmembers may take a
position and express their opinion. Human Resources Director Joe Roseto said the
educational campaign includes informational mailers for city-registered voters.
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5. Information Technology
5.1 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 2.5640)(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
The City of Clearwater employs over 1200 hourly employees in 18 different
business operations/departments, reporting to more than 55 City facilities. The
management of these hourly employees and their schedules is a significant
undertaking that is executed manually with paper time cards. The proposed
system (KRONOS) will use biometric technology and manage employee
attendance electronically. The system will eliminate paper time cards, record
modifications to time and attendance data, and allow contract criteria to be
programmed into the system, thus greatly reducing the time and effort currently
used for payroll preparation.
Ongoing annual maintenance for the system is approximately 22% ($56,156) of
total cost of hardware and software, and will be budgeted in the Information
Technology budget and charged back to the using departments based upon
employee counts.
The Public Utilities Department will fund $65,000 for a prorated share of this
system, which will include time clocks at 11 locations and 200 licenses. This
$65,000 will be funded from operating codes 421-01345 ($56,000) and 419-02090
($9,000). The remaining balance, $185,000 will be funded from unallocated
retained earnings of the Administrative Services Fund. A third quarter budget
amendment will establish capital project 315-94874-519, City Enterprise
Timekeeping System, with the transfer of$185,000 from the Administrative
Services Fund.
In response to questions, Information Technology Director Dan Mayer said biometric
technology converts palm prints or retina scans to a numeric code, which acts as a
password. The city will be using fingerprints. Field technicians will be able to use the
telephonic component to log-in or log-out. Biometric technology does not allow buddy
punching.
6. Marine and Aviation
6.1 Authorize the adoption of Supplemental Joint Participation Agreement (JPA)
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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.
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.
7. Parks and Recreation
7.1 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)
On May 5, 2005, the Council approved entering into a similar agreement with
688 Skateshop Inc, to provide for the operation and management of a pro shop
at Ross Norton. At that time, an RFP was issued with only two proposals and
staff recommended the agreement with 688 Skateshop, Inc.
688 Skateshop Inc. has successfully provided service to the facility for the past
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seven years. During that time they have reorganized doing business under the
name of SK8 of Mind, Inc. Services to be included at the pro shop include retail
sales of skateboarding, BMX and roller blade equipment, rentals, lessons,
tournaments, etc.
Under this License Agreement the City will provide a space for SK8 of Mind, Inc.
to conduct said business and services. The City will receive 10% of gross
revenue during the term of the agreement estimated to be approximately $4,500
per year.
Staff is recommending approval of the Revocable License Agreement between
SK8 of Mind, Inc. and the City for three years from July 1, 2012 to June 30, 2015
with the option to renew for two additional three-year terms.
7.2 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
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, 20117
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.
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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.
8. Solid Waste/General Support Services
8.1 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. 2.564(1)(d), Code of Ordinances, City of Tampa
Bid 41081810 and 41020612 and authorize the appropriate officials to execute
same. (consent)
This blanket purchase order will be used to purchase automotive light duty and
heavy-duty parts for all City vehicles. The Tampa bids were issued for automotive
light duty parts (41081810) and heavy-duty parts (41020612).
9. Engineering
9.1 Approve a lease amendment between the City of Clearwater and PV-JK
Clearwater Beach, LLC to correct a typographical error regarding the amount of
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the security deposit and to reflect a change in ownership and authorize the
appropriate officials to execute same. (consent)
• The original lease agreement for 35 temporary parking spaces at 400 East Shore
Drive commenced June 21, 2007 between the City of Clearwater and Cote[ Inc.,
LLC.
• The conditions of the original lease stipulated the City pay a security deposit in
the amount of$2,800 - paid by the City on June 22, 2007.
• In April 2009, the property transferred from Cotel Inc., LLC to C.L.E.M.
Hospitality, LLC and the new Lessor acknowledged receiving the $2,800
transferred security deposit.
• On September 9, 2009, the City renewed the lease agreement with C.L.E.M.
Hospitality, LLC. and all conditions were to remain the same with the exception of
the term, changed from a fixed term to a month-to-month basis.
• On April 5, 2012, C.L.E.M. Hospitality, LLC asked the City to confirm the security
deposit amount of$2,800 and not $8,000 as (mis)stated in paragraph 5 of the
2009 lease agreement.
• Records in the Ross financial system do not show a payment of$8,000 for a
security deposit was ever paid by the City to C.L.E.M. Hospitality, LLC. ·
PV-JK Clearwater Beach, LLC took ownership of the property at 400 East Shore
Drive on April 10, 2012.
• All other terms and conditions of this agreement remain the same.
9.2 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.
9.3 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)
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Planned improvements to the commercial property located at 21311 U.S.
Highway 19 North were approved by the Community Development Board on
October 18, 2011, under Case FLD2011-07024. The City will take ownership of
drainage facilities installed within the easement area by the property owner
following the completion of construction. The owner, Brown-19, LLC, has agreed
to donate an easement to the City for this purpose.
With respect to developing the planned improvements, the only need for the
easement is for the installation and maintenance of drainage facilities, however,
the easement corridor may be useful for other City utilities. At the City's request,
the property owner has agreed to allow the easement to be used as a general
utility corridor providing for the installation and maintenance of any type of City
utilities.
9.4 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)
In 1994, the City conveyed fee title to property located at 2497 Gulf to Bay
Boulevard to Progress Energy for assemblage with Progress Energy's adjacent
power transmission corridor. The property is approximately 1,157 square feet and
contains a sixteen-inch ductile iron pipe used by the City for water transmission.
The parcel bisects an existing easement that also contains portions of the existing
pipe. In support of the City's planned operation of RO Plant 2, the City is
proposing to install an eight-inch PVC pipe for additional water transmission.
At the City's request, Progress Energy has agreed to donate a Water Main
Easement over the parcel for the City's installation of the proposed pipe as well as
the perpetual right to maintain and reconstruct as necessary both pipes within the
easement.
10. Planning
10.1 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
language related to school concurrence and authorize the appropriate officials to
execute same. (consent)
During the 2011 Legislative session, the Legislature passed the Community
Planning Act, which revised statutory requirements regarding the implementation
of school concurrency, making it optional and no longer mandatory. The School
Planning Workgroup, which is a multi-jurisdictional group consisting of local
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government planners and School District staff, met to review the Legislative
changes and options, and subsequently recommended to the Pinellas Schools
Collaborative that school concurrency be discontinued. The Pinellas Schools
Collaborative, which is established by the Public Schools Interlocal Agreement
and consists of elected representatives from the School Board and from each
Workgroup member's respective jurisdiction, agreed with the School Planning
Workgroup recommendation to eliminate school concurrency.
This elimination necessitates an amendment of the existing Public Schools
Interlocal Agreement, which removes all the language relating to school
concurrency and its implementation. All Parties to the Agreement will adopt the
Agreement by the end of July and it will go to the Pinellas County Board of
County Commissioners for final approval in August. The municipalities within
Pinellas County that contain public schools, besides the City of Clearwater, and
are party to the agreement include Dunedin, Gulfport, Largo, Madeira Beach,
Oldsmar, Pinellas Park, Safety Harbor, Seminole, St. Petersburg, St. Pete
Beach, and Tarpon Springs.
Amendments to the Comprehensive Plan and Community Development Code,
which remove school concurrency, will be forthcoming at August and October
City Council meetings. The Planning and Development Department recommends
approval of the Public Schools Interlocal Agreement.
In response to questions, Planner Catherine Lee said staff will be coming back to
remove the school concurrency provisions from the comprehensive plan and community
development code. Staff will continue to work with the Pinellas County School Board,
as well as the Pinellas County School Collaborative and School Planning Workgroup,
even though the school concurrency requirement is no longer in effect.
10.2 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.
Proposed Ordinance 8313-12 includes the following amendments:
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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.
10.3 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.
The City Attorney said the city would have to sign-off on any extension of the alcohol
permit into the right-of-way.
It was suggested that a 6-month sunset provision for outdoor cafes along Beach Walk
be included in the proposed ordinance. The sunset provision would allow staff to review
the code compliance by the establishment.
The City Attorney said a sunset provision automatically terminates; creating a level of
uncertainty for the establishment.
11. City Manager
11.1 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. (consent)
The subject property is located at 409 Cleveland Street and is leased for use as
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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.
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.
12. Official Records and Legislative Services
12.1 Appoint Paul J. Kelley to the Marine Advisory Board to fill the remainder of the
unexpired term until March 31, 2013.
There was consensus to appoint Mr. Kelley. Staff was directed to place Item 12.1 on
the Consent Agenda.
12.2 Appoint one member to the Neighborhood and Affordable Housing Advisory
Board (NAHAB) as the Residential Home Building Industry representative with
term to expire June 30, 2016.
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There was consensus to appoint Michael Potts. Staff was directed to place Item 12.2
on the Consent Agenda.
12.3 Appoint FLC Delegate
There was consensus to appoint Councilmember Bill Jonson as the Clearwater voting
delegate.
13. Legal
13.1 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.
13.2 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 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.
14. City Manager Verbal Reports — None.
15. Council Discussion Items
15.1 No Item
15.2 Mayors Against Illegal Guns
Mayors Against Illegal Guns is dedicated to making America's cities safer by
cracking down on illegal guns. The Coalition is requesting mayors across the
nation to join.
Staff was directed to provide information regarding cost to participate in the initiative.
Work Session 2012-06-18 15
16. Closing Comments by Mayor— None.
17. Adjourn
The meeting was adjourned at 10:55 a.m.
Work Session 2012-06-18 16