03/05/2013 CITY COUNCIL WORK SESSION MEETING MINUTES
CITY OF CLEARWATER
March 5, 2013
Present: Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember
Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember
Jay E. Polglaze.
Also Present: William B. Horne II - City Manager, Jill S. Silverboard - Assistant City
Manager, Rod Irwin - Assistant City Manager, Pamela K. Akin - City
Attorney, Rosemarie Call - City Clerk, and Nicole Sprague - Official
Records and Legislative Services Coordinator.
To provide continuity for research, items are in agenda order although not
necessarily discussed in that order.
Mayor George N. Cretekos called the meeting to order at 9:00 a.m. at City Hall.
The Council recessed from 9:00 a.m. to 9:42 a.m. to meet as the Community
Redevelopment Agency.
1. Presentations
1.1 Clearwater Marine Aquarium Presentation - Frank L. Dame, CMA Exec VP/COO
A PowerPoint presentation was provided. Clearwater Marine Aquarium CEO David
Yates reviewed the global success of the Dolphin Tale movie, impact to local economy,
and attendance projections. In 2012, approximately 300,000 out-of-state visitors came
to the Clearwater Marine Aquarium (CMA) because of the movie. The proposed $14.5
million expansion of the current facility will accommodate 250,000 visitors a year and
space for the marine rescue center. CMA plans two thriving facilities: 1) Clearwater
Marine Hospital on Island Estates would have a research and education element with a
minor tourism aspect and 2) CMA in downtown would house the primary tourism and
education components. CMA Executive Vice President Frank Dame reviewed the
proposed renderings for the new downtown facility, cost estimates, and potential
funding sources. CMA is requesting to build the facility on the current City Hall site.
The estimated cost to construct the facility is approximately $160.5 million. Mr. Dame
reviewed the project timeline, with a referendum question on the November 2013 ballot
and the Grand Opening for April 2017.
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CMA Executive Committee member Frank Hibbard reviewed the benefits of a
Downtown Aquarium and site selection criteria. CMA projects 430 jobs to be created.
The new facility will enhance capability to better perform mission and reduce traffic
impact on Island Estates. Mr. Hibbard said the City Hall site was selected because the
current building requires high maintenance costs to the City; provides good water
access; provides an opportunity to expand and create a master plan for Coachman
Park; and excellent proximity to Downtown. CMA owns the adjacent south property for
additional development. Mr. Hibbard said CMA is asking for the following: 1) consent to
allow a referendum this November to lease the City Hall site to build the aquarium
facility, which will be paid by the CMA; 2) work with staff on a Memorandum of
Understanding (MOU) regarding details of lease and performance expectations; 3)
assistance in drafting ballot language for referendum; 4) extend lease of Harborview
Center until completion of new facility; and 5) approach Pinellas County regarding
extending the CRA Tax Increment Financing (TIF), which expires in 2019.
In response to questions, Mr. Hibbard said the CMA estimates raising $100 million; if
fundraising is unsuccessful, the project will not go forward. The fundraising will begin
after the referendum, if passed. Mr. Yates said approximately 750,000 individuals
visited the CMA last year; 350,000 visited Winter's Dolphin Tale Adventure.
2. Gas System
2.1 Approve the first renewal of a Purchase Order, in the amount of$1,640,300, with
Florida Gas Contractors, Inc. for the replacement of antiquated gas mains and
service lines for the period of April 1, 2013 to March 31, 2014, and authorize the
appropriate officials to execute same. (consent)
Florida Gas Contractors (FGC) is the primary contractor who installs gas mains
and service lines to meet residential, commercial and industrial customer
requirements in support of gas Sales and Operations.
FGC has performed satisfactory work since the contract was originally awarded in
April 2012. This is the first of two renewals authorized in the original bid. FGC has
agreed in writing to hold their current bid pricing (bid 10-12) on the estimated
quantities listed in the contract Replacement of Antiquated Gas Mains, Service
Lines, Gas Meters and Piping Connections to Customer House Piping and
Reestablishment of Gas Service at Various Locations.
Under this Contract/Purchase Order, the contractor will replace approximately 12-
16 miles of antiquated gas mains, to include all associated service line, gas meter
and piping connections at each customer location. The term antiquated
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represents all uncoated steel gas mains and service lines, to include cast iron,
that are currently serving customers within the Clearwater Gas System service
territory. These materials were installed between the period of 1923 (start of the
gas system) and 1970.
All work performed under this contract is separate from the existing contract for
the Installation of Gas Mains, Service Lines and House Piping at Various
Locations currently held by FGC and was renewed in January 2013.
Funds are available in 315-96377 Pinellas New Mains and Service Lines and the
Clearwater Gas System budget to support these requirements.
3. Parks and Recreation
3.1 Best Beach Town Designation
Parks and Recreation Director Kevin Dunbar requested Council direction regarding the
placement of Best Beach Town designation signs at five entry points into the city:
Courtney Campbell Causeway, Edgewater Drive, Gulf Boulevard, Bayshore, and
McMullen Booth Road. Council may also consider placing signs at Pier 60 Park,
roundabout entrance on Memorial Causeway, and the Sand Key triangle. The estimated
cost is $3,000, which includes landscaping and lighting. Banners around the
roundabout would cost approximately $5,000. The signs would be dated with the year
so they can remain beyond the one-year designation period.
Discussion ensued with consensus to place signs at Courtney Campbell Causeway,
Pier 60 Park, Edgewater Drive, and Sand Key triangle, at an amount not to exceed
$20,000.
Staff was directed to contact the TDC regarding assistance with the banners.
4. Engineering
4.1 Approve the request from three owners of real property within the City of
Clearwater to vacate two portions of City right-of-way known as Third Avenue
North and Fourth Avenue North; and pass Ordinance 8382-13 on first reading.
(VAC2013-01)
In 2005, Pinellas County passed and adopted Resolution 05-108 vacating
portions of Third Avenue North and Fourth Avenue North lying within
unincorporated Pinellas County. This action resulted in two remaining portions of
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60-foot rights-of-way under the City's jurisdiction. Both are undeveloped for right-
of-way purposes and are approximately 135 feet in length terminating at privately
owned property.
Owners of property abutting the remnant portions of right-of-way have collectively
submitted the vacation request.
The City will retain a drainage and utility easement over the vacated portion of
Third Avenue North. Progress Energy, Bright House, Knology and Verizon have
no facilities within the rights-of-way proposed for vacation and have no objection
to the request.
The Engineering Department conducted an interdepartmental review of the
vacation request. All City service and utility providers, potentially affected by the
vacation, have no objection to the request.
4.2 Approve the request from eight owners of real property within the City of
Clearwater to vacate a portion of unimproved right-of-way of Landmark Drive;
and pass Ordinance 8383-13 on first reading. (VAC2013-02)
Eight residents of Elysium subdivision have collectively submitted a request to
vacate an unimproved portion of Landmark Drive right-of-way. The combined
property owned by the eight applicants abuts the entire west boundary of the
right-of-way proposed for vacation. The subject portion of Landmark Drive is a 40-
foot right-of-way approximately 1,300 feet long with its southern terminus at Union
Street. The right-of-way was created by a dedication in the Elysium plat in 1986.
At this time, the City has no plans to construct this roadway.
In addition, the property abutting the east boundary of the right-of-way is a 19.86-
acre parcel that the City has unsuccessfully attempted to purchase. The most
recent discussions occurred in September 2012, at which time a third party
entered into a contract with the owner for the purchase of the property. The
property is currently under contract. The property abutting the east boundary of
the right-of way is located within unincorporated Pinellas County and is currently
being considered for development. The development could include improvement
of the right-of-way proposed for vacation. The developer has consulted with City
staff as the proposal may include City annexation of a completed subdivision. The
development is in the early planning stages and has not been submitted to City
staff for formal review. One of the applicants of the vacation request is a city
employee. The City, Progress Energy, Bright House and Knology each own and
maintain facilities in the right-of-way. The City will retain an easement over the
vacated area for use by the City, Bright House and Knology. All eight landowners
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abutting the west boundary of the right-of-way will be required to convey
distribution easements to Progress Energy. The Engineering Department
conducted an interdepartmental review of the vacation request. All City service
and utility providers, potentially affected by the vacation, have no objection to the
request.
In response to a question, Real Estate Services Coordinator Chuck Lane said right-of-
way is no longer needed because the level of service on McMullen Booth Road is
sufficient and the alternative corridor is no longer necessary. Engineering Director
Mike Quillen said there are wetland issues to the north and south of the property.
The Council recessed from 11:10 a.m. to 11:20 a.m.
5. Legal
5.1 Adopt Ordinance 8368-13 on second reading, amending the Comprehensive
Plan of the city in accordance with Section 163.3177, Florida Statutes, to update
provisions related to potable water and natural ground water aquifer recharge
needs.
5.2 Adopt Ordinance 8371-13 on second reading, amending the Community
Development Code by amending Article 3, Division 9 to allow for balcony
encroachments in the Downtown (D) district for indoor recreation/entertainment
uses; by amending Article 3, Division 18 to correctly state the freestanding sign
calculation method for the comprehensive sign program; amending Article 6 to
address illegally created nonconforming lots; amending Appendix A to allow for a
33 percent reduction in plans review fees for projects using a private plan review
provider; and amending the Code of Ordinances , Part II, Chapter 2, Article 3,
Section 2.066 Attendance by members at meetings, to exclude military related
commitments from being considered excessive absences.
5.3 Approve temporary abatement of simulated computer gaming devices and pass
Ordinance 8386-13 on first reading.
There is presently in the City of Clearwater an increasing proliferation of
establishments that utilize computer or video displays of spinning reels or other
simulations of a game or games ordinarily played on a slot machine, or in a casino
or otherwise in connection with gambling and which show the results of raffles,
sweepstakes, contests, or other promotions (hereinafter collectively referred to in
these recitals as simulated gaming devices) for commercial gain. The Courts of
the State of Florida have not made a determination as to whether simulated
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gaming devices are slot machines defined in Section 849.16, Florida Statutes.
The City of Clearwater has a compelling interest in protecting its citizens, and in
particular its elderly, economically disadvantaged, and children from certain
activities and influences that can result in irreparable harm, including the
unregulated growth of establishments that provide simulated gaming devices. In
order to ensure the uniform enforcement of existing laws, and preserve the public
peace and good order, and to safeguard the health, safety, morals and welfare of
the community and citizens thereof, it is necessary to regulate the operation and
use of simulated gaming devices that are available for use by the public.
In response to questions, Assistant City Attorney Rob Surette said the ordinance would
place a temporary abatement on new Internet Caf6s and expansion of current caf6s.
The City has issued fourteen Business Tax Receipts for operation of an Internet Caf6.
In response to a question, the City Clerk said the City's 2013 State Legislative priorities
includes a statement supporting legislation that bans the manufacturing, possession
and distribution of synthetic drugs. Staff was directed to draft a letter to the State
legislative delegation urging action on banning synthetic drugs.
5.4 Continue to April 4, 2013: Approve the Annexation of a portion of the road right-
of-way located at the intersection of Sunset Point Road and Hercules Avenue
(consisting of a portion of Section 1, Township 29 South, Range 15 East,
abutting real property whose post office address is 1990 Sunset Point Road);
and pass Ordinance 8374-13 on second reading. (ANX2012-12006)
This annexation petition involves 0.042 acres of a portion of the right-of-way
located on the northwest corner of the intersection of Sunset Point Road and
Hercules Avenue. The City of Clearwater is requesting this annexation in order to
ensure that the entire right-of-way at this intersection is within the city's
jurisdiction. The property is contiguous to existing City boundaries to the north,
south, east, and west. It is proposed that the property be assigned a Future Land
Use Map designation of Commercial General (CG) and a Zoning Atlas
designation of Commercial (C).
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 proposed annexation will not have an adverse effect on public facilities and
their levels of service; and
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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.
The proposed annexation is consistent with the Countywide Plan and the City's
Comprehensive Plan and Community Development Code; and
The property proposed for annexation is contiguous to existing City boundaries to
the north, south, east and west; therefore the annexation is consistent with Florida
Statutes Chapter 171.044.
Staff is requesting that this item be continued in order to allow for the
accompanying ordinances designating the land use and zoning be heard at the
same meeting, scheduled for March 21, 2013.
6. City Manager Verbal Reports
6.1 Red Light Camera Update
Police Major Daniel Slaughter provided a PowerPoint presentation. The Clearwater
Police Department (CPD) monitors Red Light Cameras at Fort Harrison Avenue and
Chestnut Street (Eastbound), Gulf to Bay Boulevard and Belcher Road (Eastbound),
and Gulf to Bay Boulevard and Belcher Road (Westbound). The Pilot Program began in
July 2012; CPD began issuing violations in August 2012. Major Slaughter said there
has been a 60% decrease in violation rates. It is difficult to correlate red light camera
enforcement to any increase or reduction in crash activity based solely on the number of
crashes. To fully comprehend the correlation of red light cameras and traffic crashes,
additional analysis of data over a longer time span would be required.
In response to questions, Major Slaughter said the reduction in revenue was due to
payments to the Department of Revenue and contractual services to Redflex. CPD
allows individuals cited while using a rental car to pay the reduced fine to the vendor
and CPD will dismiss the citation. CPD does not issue violations on right-turn violations.
Major Slaughter said Florida Statutes requires the citation process to be completed
within a 60-day period.
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Staff was directed to research ability to include a statement in the citation letter from
RedFlex informing nominees of the reduced fine and to provide a report in six months.
7. Closing Comments by Mayor
Mayor George N. Cretekos reminded all that the Council Meeting would be on
Wednesday, March 6 at 6:00 p.m.
8. Adjourn
The meeting adjourned at 12:04 pm.
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