08/13/2012 WORK SESSION MEETING MINUTES
CITY OF CLEARWATER
August 13, 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, Nicole Sprague - Official Records
and Legislative Services Coordinator
Mayor George N. Cretekos called the meeting to order at 1:00 p.m. at City Hall.
1. Presentations — Given.
1.1 Service Awards
Two service awards were presented to city employees. The August 2012 Employee of
the Month Award was presented to Mike Bauer, Marine and Aviation.
1.2 Economic Impact of Poverty Presentation - Carl Harness, Pinellas County
Administrator's Office
In the fall of 2011, The Board of County Commissioners embarked on a process
to develop a strategic vision and direction for Pinellas County. The
Commissioners focused on a vision of improving the quality of life for all residents
of Pinellas County.
The direction given to achieve this vision was to:
Establish, define, and focus on a core set of services
Maximize and improve the service delivery level of core services
Improve the efficiency of operations
Increase community partnerships through improved communications
Create and support a high performing workforce
Several county departments embarked on an effort to realign their core services
with the Board's strategic direction. The departments of Health and Human
Services, Community Development, Justice and Consumer Services, Code
Enforcement, Planning, and Economic Development participated in all-day
workshops before the Board. Following the individual workshops, the County
Work Session 2012-08-13 1
departments worked collaboratively to take an economic approach to identify the
constituents who are in greatest need of county resources, where the majority of
our efforts and dollars go, and ways to better allocate these resources in order to
have the greatest impact on the community. What became apparent was that the
adverse affects of poverty are growing and the areas affected by poverty are
spreading, but the available resources are diminishing.
The economic approach entailed two phases: identifying specific zones within
Pinellas County that have high concentrations of poverty and a small return on the
tax base and outlining specific strategies that align with the Board's Strategic
Direction and will impact community outcomes without incurring additional costs.
We concluded that current efforts to address issues of poverty need to be re-
tuned with greater efficiencies to not only maximize dollars and see a value-added
return, but to also realize improved quality of life for all residents.
In June, the Board approved the economic approach to studying poverty in our
communities and expressed support for our departmental initiatives with input and
collaboration with the municipalities and other non-governmental organizations.
We are visiting each city affected by one of the specific zones identified by our
analysis to ensure that everyone is aware of the county's strategic plan, the
economic philosophy it has adopted in regards to measuring poverty, and that the
county and cities play a coordinated role in executing the vision.
Mr. Harness provided a PowerPoint Presentation.
The Council recessed from 1:47 p.m. to 2:25 p.m. to meet as the Community
Redevelopment Agency and the Pension Trustees.
2. Gas System
2.1 Approve a Joint Project Agreement with Pasco County to install natural gas
mains, by roadway contractor, along Ridge Road (CR 524) from Broad Street to
Moon Lake/Decubellis Road, as part of a roadway improvement project at an
estimated cost of$448,313.25, and authorize the appropriate officials to execute
same. (consent)
Pasco County has prepared construction plans to widen and improve Ridge Road
(CR 524) between Broad Street and Moon Lake Road/Decubellis Road. Pasco
County and Clearwater Gas System have determined it is economically and
operationally beneficial to enter into a Joint Project Agreement (JPA) and have the
General Contractor install the gas mains, in conjunction with the road construction
Work Session 2012-08-13 2
project. Contractor will install approximately 1,100 feet of 2-inch gas main and
17,200 feet of 4-inch gas main (18,300 feet total). Having the General Contractor
install the natural gas mains allows work to be done in a timely manner and
releases Clearwater Gas System from penalty payments.
Funding for this agreement is available in capital project 315-96378 - Pasco New
Mains and Service Lines.
3. Engineering
3.1 Approve Change Order 1 to Layne Inliner, LLC (Reynolds Inliner), in the amount
of$400,000.00 for sanitary sewer line cleaning and inspection at various
locations throughout the City of Clearwater for a new contract total of
$1,200,000.00; and authorize the appropriate officials to execute same.
consent
The City has initiated a comprehensive maintenance program to clean, inspect,
rehabilitate and repair existing sanitary sewer pipelines and manholes throughout
the City of Clearwater. A key element of the maintenance program is preventative
cleaning and inspecting with closed circuit television to identify deficiencies in the
underground infrastructure. This type of work is performed by a combination of
both City and contract crews in order to meet program goals. The program
objective is to maintain the integrity of the sanitary sewer system and minimize
disruptions in service to our citizens. April 15, 2010, the Clearwater City Council
awarded a contract to Reynolds Inliner, LLC for the Sanitary Sewer and Televising
Inspection per Bid No. 09-0047-UT in the amount of$800,000 with two one-year
extensions, when agreed by both parties. Reynolds Inliner, LLC has changed their
name to Layne Inliner, LLC and agreed to honor the pricing with the same terms
and conditions of the contract to provide continued services to the City.
The City Utilities staff will coordinate with in-house crew progress and direct the
contractor, on an ongoing basis, to those areas as prescribed in the preventative
maintenance schedule to meet program goals. Sufficient revenue is available in
Utility Renewal and Replacement project 0327-96665, Sanitary Sewer R and R to
fund this change order.
3.2 Approve the request to change the name of First Avenue North, a right-of-way
under the jurisdiction of the City of Clearwater, to Dimmitt Drive; and adopt
Resolution 12-13.
Owners of Dimmitt Chevrolet and Cadillac have submitted a request to the City to
change the name of First Avenue North to Dimmitt Drive. The subject street
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extends from its western terminus at US Highway 19 North to its eastern terminus
at Chautauqua Avenue for a total length of approximately 546 feet.
Lawrence Dimmitt, III and LHD Properties, Ltd. own all property fronting both the
north and south sides of First Avenue North; both owners are associated with the
Dimmitt dealership operations.
Pinellas County and the local Postmaster of the United States Postal Service
have each submitted a letter of no objection to the request.
The Engineering Department conducted an interdepartmental review of the
request. Representatives of all City departments, potentially affected by the
vacation, have no objection to the request.
In response to questions, Environmental Manager Ed Chesney said staff had not
received any feedback from the neighboring homeowners. The City will not incur a cost
as Dimmitt Chevrolet will pay for replacing the existing FDOT (Florida Department of
Transportation) signs.
It was suggested that staff seek feedback from the neighboring Home Owners
Association prior to Thursday's council meeting.
4. Planning
4.1 Approve amendments to the Clearwater Comprehensive Plan removing
provisions and maps associated with implementing school concurrence,
amending certain provisions of the Capital Improvements Element for
consistency with Florida State Statutes and updating Map A-3 Future Land Use:
2018, Map A-14 Citywide Design Structure and Map E-1 Coastal Storm Area
(Including Coastal High Hazard Area), and pass Ordinance 8334-12 on first
reading. (CPA2012-04001)
In 2011, the Florida Legislature passed the Community Planning Act, which
removed state-mandated concurrency requirements for schools for all local
governments. The School Planning Workgroup, which consists of staff from each
of the local governments previously required to implement school concurrency,
the School District, and the Pinellas Planning Council, met in July 2011 to review
the legislative changes and options, and subsequently recommended to the
Pinellas Schools Collaborative that school concurrency be discontinued. The
Collaborative, which consists of elected officials from Pinellas County, twelve
municipalities, and the School Board, agreed with the Workgroup's
recommendation and voted to approve amendments to the Public Schools
Interlocal Agreement in April 2012 that eliminated the sections related to the
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implementation of school concurrency. At their June 20, 2012 meeting, the
Clearwater City Council approved these amendments to the Public Schools
Interlocal Agreement. Amendments to the Clearwater Comprehensive Plan are
needed to remove references to school concurrency in several Elements of the
Plan.
The Community Planning Act (2011) also revised statutory requirements related
to the Capital Improvements Element. The Act maintained the requirement that
the Capital Improvements Element be reviewed annually, but updates to the
schedule of capital improvements may now be processed by ordinance and will
not be considered amendments to the Plan, thereby eliminating the need to
submit the annual update for state review. The Act also eliminated the
requirement for the element to demonstrate financial feasibility. Therefore, this
amendment revises the Capital Improvements Element by modifying policies
related to these provisions.
Several miscellaneous map items are also included within this proposed
amendment.
Proposed Ordinance 8334-12 includes the following amendments:
Amends the table of maps for language to be consistent with the proposed
amendments in this ordinance.
Deletes portions of the Future Land Use Element, Intergovernmental Coordination
Element, Capital Improvements Element and Public School Facilities Element
related to school concurrency implementation.
Amends language in the Coastal Management Element that references map E-1
to be consistent with the new proposed maps E-1A and E-1 B (Coastal Storm
Area).
Amends the Capital Improvements Element to be consistent with Florida State
Statutes by removing requirements that an update to the schedule of capital
improvements necessitates an amendment to the comprehensive plan and that
this schedule of improvements be financially feasible. The financially feasible
requirement is replaced with a provision requiring that projects listed in the 5-year
schedule be identified as funded or unfunded and given a level of priority.
Amends Map A-3 Future Land Use: 2018 to have consistent legend nomenclature
with the table after Policy A.2.2.1 (updating the "Water-Water/Drainage Feature"
classification and the "Drainage Feature Overlay" classification).
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Amends Map A-14 Citywide Design Structure which showed La Belle Plaza, a
Multi-Neighborhood Shopping Center located on the east side of Highland Avenue
north of Belleair Road, as extending all the way to Nursery Road. The proposed
amended map depicts the correct parcel boundaries of La Belle Plaza with the
northern parcel boundary lying approximately 315 feet south of Nursery Road.
Amends Map E-1 Coastal Storm Area by replacing it with two maps, one showing
the west, or Gulf, side of the City (E-1 A) and the other showing the east, or Bay,
side of the City (E-1 B). In 2010, the Florida Department of Community Affairs
officially recognized the most recent update of the Sea, Lake, and Overland
Surges from Hurricanes (SLOSH) computerized storm surge model, prepared by
FEMA in 2009, which is used in determining the location of the Coastal High
Hazard Area (CHHA) and the City's Coastal Storm Area (CSA). With the release
of the updated model, new maps must be adopted into local comprehensive
plans.
Deletes all maps associated with the Public School Facilities Element. These
maps will be moved to the Comprehensive Plan's data and analysis section,
thereby eliminating the need to amend the plan when this map series is updated.
The Community Development Board (CDB) reviewed the proposed amendment at
its meeting on July 17, 2012 and unanimously recommended the amendment for
approval.
Assistant City Manager Jill Silverboard said the coastal storm surge maps reflect the
updated 2009 slosh model and duplicate the county map; staff will be able to answer
parcel specific questions as needed.
4.2 Approve amendments to the Community Development Code addressing the
general provisions of the Code, docks, fences and walls, tree removal permits,
temporary uses, Level One (minimum development standards) approvals, and
definitions and pass Ordinance 8349-12 on first reading.
The Clearwater Business Task Force (BTF) was established on April 7, 2011 by
the City Council to provide feedback on the current rules and regulations affecting
businesses and business development. The BTF submitted its final report to City
Council on August 29, 2011. The report consisted of 71 recommendations to
change public perceptions about being business friendly, streamline development
application processes and enable greater signage flexibility. City staff reviewed
each of the recommendations and presented to City Council ideas as to how
some of them may be adopted as well as a prospective timeframe for these
Work Session 2012-08-13 6
adoptions to occur. At the direction of the City Council, staff prepared a text
amendment to the Community Development Code (CDC) addressing the more
straightforward recommendations of the BTF as well as a few amendments
proposed by staff. These changes were reviewed by the Community Development
Board (CDB) at its meeting of December 20, 2011, at which time the Board
recommended the approval of the amendment. City Council passed and adopted
the Ordinance on second reading on February 2, 2012. Staff is now proposing a
second text amendment to address further recommendations of the BTF or that
would otherwise assist in fulfilling their goals, as well as additional items proposed
by staff. Ordinance 8349-12 includes amendments addressing numerous
sections of the CDC; some of which are a result of the recommendations of the
BTF while others are initiated by staff.
Below is a summary of the substantive amendments included in the ordinance.
• Increases the maximum amount of floor area able to be occupied by
accessory uses to an overnight accommodation use in the Tourist District
from 10 percent to 15 percent through the Flexible Standard Development
(FLS) process, and from 15 percent to 20 percent through the Flexible
Development (FLD) process;
• Establishes the Retail Plazas use in the Commercial (C), Tourist (T), and
Downtown (D) Districts within all available use tiers. The use allows for
interchangeability between certain uses within a retail shopping center
development;
• Separates the Bars use from the current Nightclubs, Taverns and Bars use,
and provides for definitions that distinguish the uses from one another;
• Expands the Mixed Use into the Minimum Standard and Flexible Standard
Development (FLS) tiers of the Commercial (C) District;
• Modifies the lot area, lot width, maximum height, front setback and/or rear
setback for the Office, Restaurant, and Retail Sales and Services uses
within the Flexible Standard Development (FLS) tier of the Commercial (C),
Tourist (T), and/or Office (0) Districts so that more applications may be
processed administratively;
• The off-street parking requirements for Assisted Living, Community
Residential Homes, Detached Dwellings, Medical Clinics, Nursing Homes,
and Offices are modified to be consistent throughout the CDC;
• The off-street parking requirement for Restaurants is reduced from 15 to
12/1,000 square feet of gross floor area with the exception of the
Downtown (D) District where the parking is reduced from 12 to 10/1,000.
The reductions in off-street parking rates are based upon staff experience
with development proposals, as well as comparisons to other municipal
codes and Institute of Traffic Engineers (ITE) parking generation data;
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• Allows the establishment of Restaurant and/or Retail Sales and Services
uses on those properties within the Retail and Restaurant District of Beach
by Design without the provision of off-street parking;
• Allows swimming pools/decks that are accessory to an Attached Dwellings,
Overnight Accommodations, or Resort Attached Dwellings use on
Clearwater Beach to be permitted with a rear setback of zero feet;
• Clarifies that only one dock structure is permitted for a single-family or two-
family dwelling;
• Numerous changes clarifying the provisions of Article 3, Division 8, Fences
and Walls; and
• Establishes the temporary use, Temporary Buildings during Construction to
allow businesses that are in the midst of renovations to be able to bring
temporary buildings onto the site and still be able to function/operate.
The CDB reviewed the proposed text amendment at its meeting of July 17,
2012. The Board unanimously recommended the amendment for approval.
A concern was expressed that no parking would be required in the retail-restaurant area
of north Clearwater beach. Assistant City Manager Jill Silverboard said there are four
surface lots and street parking on Mandalay Avenue and the side streets. The City
Manager said the new owner of Pelican Walk has approached staff regarding a parking
structure; Beach by Design has identified that area as a site for a future parking garage.
4.3 Approve the Annexation, Initial Land Use Plan Designation of Residential Urban
(RU) and Initial Zoning Atlas Designation of Low Medium Density Residential
(LMDR) District for 3075 and 3087 Cherry Lane (Consisting of a portion of the
south of the southeast of the northwest of the northwest of Section 16,
Township 29 South, Range 16 East); and pass Ordinances 8352-12, 8353-12
and 8354-12 on first reading. (ANX2012-05004)
This voluntary annexation petition involves a 0.248-acre property consisting of two
parcels of land occupied by two single-family dwellings. It is located on the
southwest corner of Cherry Lane and McMullen Booth 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 0.489-acres of abutting McMullen Booth Road right-of-way not currently
within the city limits also be annexed. The property is located within an enclave
and is contiguous to existing City boundaries to the south. It is proposed that the
property be assigned a Future Land Use Plan designation of Residential Urban
(RU) and a zoning category of Low Medium Density Residential (LMDR).
Work Session 2012-08-13 8
The Planning and Development Department determined that the proposed
annexation is consistent with the provisions of Community Development Code
Section 4-604.E as follows:
The property currently receives water service from the City of Clearwater. The
closest sanitary sewer line was extended down the adjacent Cherry Lane right-of-
way at the property owner's expense. The applicant has paid the City's sewer
impact and assessment fees. Collection of solid waste will be provided by the City
of Clearwater. 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 49 located at 565 Sky Harbor Drive. The City has adequate capacity to
serve this property with sanitary sewer, solid waste, police, fire and EMS service.
The proposed annexation will not have an adverse effect on public facilities and
their levels of service; and
The proposed annexation is consistent with and promotes the following objective
of the Clearwater Comprehensive Plan:
Objective A.6.4: Due to the built-out character of the City of Clearwater, compact
urban development within the urban service area shall be promoted through
application of the Clearwater Community Development Code.
Objective A.7.2 Diversify and expand the City's tax base through the annexation
of a variety of land uses located within the Clearwater Planning Area.
Policy A.7.2.3 Continue to process voluntary annexations for single-family
residential properties upon request.
The proposed RU Future Land Use Plan category is consistent with the current
Countywide Plan designation of this property. This designation primarily permits
residential uses at a density of 7.5 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. The parcel located at 3075 Cherry Lane meets the District's minimum
dimensional requirements. The parcel located at 3087 Cherry Lane exceeds the
District's minimum dimensional requirements; however, the existing structure
exceeds the maximum height standards and encroaches into the setbacks
established for Minimum Standard Development in the LMDR District. Therefore,
when this property is annexed, the dwelling will be a non-conforming structure.
The proposed annexation is consistent with the Countywide Plan and the City's
Comprehensive Plan and Community Development Code; and
Work Session 2012-08-13 9
The property proposed for annexation is contiguous to existing City boundaries to
the south; therefore the annexation is consistent with Florida Statutes Chapter
171.044.
The Council recessed from 3:04 p.m. to 3:09 p.m.
5. Official Records and Legislative Services
5.1 Review Council Rules and Policies and provide direction regarding revisions.
(WSO)
City Council Rules
There was consensus to amend rules to read as follows:
Page 1: Rule 1 — Scheduling Council Meetings/Work Session Agendas (2):
Except as may be rescheduled from time to time when necessary due to
conflicts, a work session shall be held at 9:00 air 1:00 p.m. on the first working
day of the Council meeting week.
Page 3: Rule 6 — Order of Business, (2):
Agenda iterns, other than publiG hearings, will be presented by staff followed by
questions by the Ge unnil 0 p blip input, dicnUssinn by the Ge unnil 0 a motion one
seGend then debate on the mntinn Motion process for agenda items with
Ordinances or Resolutions: agenda items will be presented by staff followed
by questions by Council, public input, a motion and second on the agenda item,
discussion/comments by Council, vote, a motion and second on the ordinance
or resolution, discussion/comments by Council, and vote.
Motion process for other agenda items: agenda items will be presented by
staff, questions by Council, public input, a motion and second on the agenda
item, discussion/comments by Council, and vote.
Page 4: Rule 8 — DicnUssien of Agenda ltomc Debate of Motions, Tie Votes
Council may discuss an agenda item prier to after a motion being made. Such
discussion may be interactive between the Council members and may be ended
at any time by a motion on the item. Otherwise, any member of the Council
making a motion shall address the Chair and await recognition before speaking.
The person making the motion is entitled to the floor first for debate. No one is
entitled to the floor a second time on the same motion as long as any other
Work Session 2012-08-13 10
member who has not spoken on the issue desires the floor. The Chair must
recognize any person who seeks the floor while entitled to it.
When a motion is made and seconded, it shall be stated by the Chair, if
necessary, before any debate shall be in order. All questions shall be stated
and put by the Chair, and the Chair shall declare all votes.
Motions and any amendments can be withdrawn or modified by the maker at
any time prior to the Chair stating the question on the motion; after that time, the
permission of the Council majority must be obtained. The Chair cannot close
debate as long as any member who has not exhausted his right to debate
desires the floor, unless a vote on the previous question is called for.
A tie vote shall constitute a continuance of the item to the next regularly
scheduled meeting, but upon a tie vote on the same item at the next meeting,
the item shall not be rescheduled except upon the request of the City Manager,
the City Attorney, or a Council member.
There was consensus to add Consent Agenda to Rule 6(1), Order of Business.
City Council Policies
There was consensus to implement the following changes:
Page 2.0 — Budget Review Process:
It is a policy of the City Council to be provided with a quarterly budget report and
an annual operating budget comparing actual versus budgeted revenue and
expense activity.
Page 4.M — Special Event Fees:
There was consensus to strike World Triathlon Corp.
Page 20.A—Application Fee Waivers: St. Petersburg Jr-. College
Page 13.T.1 — Clearwater Gas System Supply Hedging Policy:
In above policy, these terms are defined as: ...
Page 15.13.3 — Citizen Inquiries — Responses:
Inquiries addressed to the whole Council, whether in one letter or duplicate
letters to all Councilmembers, will be answered factually by the Mayor with an
intred liter-, phrase of"On behalf of using the phrase representing the
Work Session 2012-08-13 11
Clearwater City Council." When needed, responses will be brought to Council
for direction, prior to be sent. Mail will be routed to the appropriate staff to draft
a response. Individual Councilmembers are not precluded from responding
individually to express their opinion.
Mayor George N. Cretekos requested consideration to allow the Mayor to issue
Proclamations to individuals for achieving a specific event/milestone. Current policy
allows the Mayor to issue a Key to the City to individuals.
There was no consensus to pursue policy change.
6. Legal
6.1 Authorize the City Attorney to allocate up to an additional $50,000.00 for defense
of Szlechta v. City and Rudman v. City through trial. (consent)
On April 17, 2007, Council authorized the City Attorney to hire Jeffrey L. Hinds,
Esq., as defense counsel in inverse condemnation matters and who specializes in
such matters to represent the City in the case of Divaco, Inc. v. City of Clearwater.
On February 17, 2009, the City Council authorized the City Attorney to extend Mr.
Hinds' representation to include Szletcha and Kunowski d/b/a Tropical Sky Ranch
Motel v. City of Clearwater; and, Rudman and Rudman, d/b/a Riviera Motel v. City
of Clearwater. The liability portion of Divaco, Inc. v. City of Clearwater case was
tried in 2009 and the City received a favorable ruling. The cases of Szletcha and
Kunowski d/b/a Tropical Sky Ranch Motel v. City of Clearwater; and, Rudman and
Rudman, d/b/a Riviera Motel v. City of Clearwater are set for trial the week of
August 27. Additional funding of$50,000.00 is requested to cover the expenses
of the scheduled trials of the liability portions of these two cases. The funding is
available and will come from the City Attorney's professional services budget.
6.2 Authorize the City Attorney to hire Thompson, Sizemore, Gonzalez and Hearing
to represent the City in the case of John Klinefelter et. al v. City of Clearwater for
the total estimated amount of$50,000.00. (consent)
Individual Fire employees and former employees have filed a combined action in
United States District Court alleging that the City improperly calculated their
overtime hours and that they are due additional overtime pay at time-and-a half
under the federal Fair Labor Standards Act. Specifically, Plaintiffs allege that the
City improperly used premium payments for idle holiday hours to offset overtime
Work Session 2012-08-13 12
pay, which would otherwise be due. Plaintiffs are requesting a jury trial. The City
has filed an answer and defenses in the case arguing good faith, statute of
limitations [2-3 years], and action in accordance with the collective bargaining
agreement [neither the employees nor the union ever complained about the
payroll practices].The City Attorney has assigned defense of this lawsuit to Tom
Gonzalez, Esq. of the law firm of Thompson, Sizemore, Gonzalez and Hearing.
The estimated cost to defend this suit is estimated to be $50,000.00The funding
for this case is available in and will come out of the City Attorney's professional
services budget.
6.3 Authorize the City Attorney to utilize the legal services of Bob Reid, Esq. in
connection with the Operating and Use Agreement being negotiated for the
Capitol Theater in an amount not to exceed $20,000. (consent)
The City currently has a Legal Services Agreement with Bob Reid, Esq. to act as
Bond Counsel for the City. In this agreement, there is a section providing for
other legal services at an hourly rate upon request of the City Attorney.
The City is currently negotiating an Operating and Use Agreement with Ruth
Eckerd Hall for the Capitol Theater. The City Attorney would like to utilize the
services of Mr. Reid to assist in these negotiations. Mr. Reid has agreed to an
hourly rate of$350.00, for a total amount not to exceed $20,OOO.Funding for this
is available in and will come from the City Attorney's Professional Services
budget.
6.4 Adopt Ordinance 8343-12 on second reading, relating to signs; amending
Section 102 of Article 8, Definitions and Rules of Construction of the Community
Development Code; Repealing Division 18 of Article 3, Development Standards,
of the Community Development Code and adopting a new Division 18, Signs, of
Article 3, Development Standards, of the Community Development Code.
7. City Manager Verbal Reports
7.1 Declare City-owned property at 401 Cleveland Street (Property) as needed for
municipal purposes other than the purpose provided for in that certain lease
entered into between the City of Clearwater (City) and the Greater Clearwater
Chamber of Commerce (Chamber) on January 27, 2011, which currently
encumbers the Property: and authorize staff to provide sixty days notice to the
Chamber of termination of the current lease for municipal purpose as provided
for in Section 17(d) of the lease.
Work Session 2012-08-13 13
The City entered into an Amended and Restated Business Lease Contract
(Lease) with the Greater Clearwater Chamber of Commerce on January 27, 2011
for the Chamber's occupancy of City-owned property at 401 Cleveland Street. The
current Lease expires on February 28, 2013. Pursuant to the Lease, the City may
terminate the Lease upon determination by the City Council at a duly constituted
City Council Meeting that the Lease premises are needed for other municipal
purposes. The City and Ruth Eckerd Hall, Inc. are negotiating the terms of a
lease for the expansion, renovation and operation of the Capitol Theatre. 401
Cleveland Street is adjacent to the Capitol Theatre and is included in the theatre
expansion and renovation plans. Ruth Eckerd Hall, Inc. has approached the City
with a request for access to the Property by the first week of November, 2012 to
begin renovations. With direction from Council, staff will provide sixty days notice
of termination of the Lease to the Greater Clearwater Chamber of Commerce.
The City Attorney said Ruth Eckerd Hall wishes to take possession of the facility on
November 1, 2012. The operating agreement is expected to come before Council at the
second meeting in September.
In response to a concern, the City Attorney said Ruth Eckerd Hall (REH) cannot enter
into an agreement with a contractor until they take possession of the facility.
Ruth Eckerd Hall representative Joshua Magidson said REH is committed to the project;
timing of project is tied to the 2013 performance calendar. REH will be ready on
November 1.
Clearwater Regional Chamber of Commerce representative Bob Clifford said the
Chamber was never informed that a construction date was determined. The Chamber
wishes to remain in the 400-block of Cleveland Street and in the process of securing an
office location across the street from the Capitol Theater. Concern was expressed that
REH will not be able to complete the permitting process by November 1.
In response to questions, Planning and Development Director Michael Delk said staff
anticipates the project will remain at a level 1 approval; staff is working with the
Engineering Department to sort out the timeframe. A demolition permit may be obtained
right away; the building permit is subject to the building-plan review process.
8. Council Discussion Items
8.1 Resolution Endorsing Establishment of a Comprehensive Public Transit System -
Work Session 2012-08-13 14
Councilmembers Hock-DiPolito and Jonson
Councilmember Doreen Hock-DiPolito requested consideration to endorse
establishment of a comprehensive public transit system comprised of the Locally
Preferred Alternative selection of the Pinellas County Alternatives Analysis with
appropriate bus support system, including bus service on the limited access portions on
U.S. Hwy. 19.
A concern was expressed that there was no reference to the cost. There was
consensus to add language that support of the public transit system is subject to the
cost.
9. Closing Comments by Mayor
Mayor George N. Cretekos urged citizens to vote on Tuesday, August 14, Primary
Election.
10. Adjourn
The meeting was adjourned at 5:05 p.m.
Work Session 2012-08-13 15