03/06/2013 CITY COUNCIL MEETING MINUTES
CITY OF CLEARWATER
March 6, 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.
1. Call to Order— Mayor George N. Cretekos
The meeting was called to order at 6:00 p.m. at City Hall.
2. Invocation — Mayor George N. Cretekos
3. Pledge of Allegiance — Councilmember Doreen Hock-DiPolito
4. Presentations — Given.
4.1 Youth Arts Month Proclamation, March 2013 - Roberta Klar, Clearwater Arts
Alliance President
4.2 Surveyors and Mappers Week Proclamation, March 17-23, 2013 - Chris
McLaughlin, Secretary of the Tampa Bay Chapter of the Florida Surveying and
Mapping Society
4.3 Clearwater for Youth College Scholarship Awards - Hank Webb, Executive
Director of Clearwater for Youth
Clearwater for Youth Scholarship Program Chair Dawn Daugherty presented the 2013
Youth Scholarship recipients: Shakayla Betts, Nicole Tomayo, Alyssa Householder,
Logan Miller, Spencer Rice, and Joe Gancey.
4.4 Clearwater Regional Chamber of Commerce 2013 Large Business of the Year
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Award to Clearwater Gas System - Bob Clifford, President Clearwater Regional
Chamber of Commerce
Mr. Clifford presented Clearwater Gas System with the 2013 Large Business of the
Year Award and Clearwater Gas System Managing Director Chuck Warrington with the
2013 Threshers All-Star in the Community Award.
5. Approval of Minutes
5.1 Approve the minutes of the February 21, 2013 City Council Meeting as submitted
in written summation by the City Clerk.
Councilmember Bill Jonson suggested amending page 3, line 4, to read "Planning staff
reported the proposed Development Agreement is in compliance..." The amendment
clarifies that staff presented their recommendation.
In response to a concern, the City Clerk said staff's recommendation is part of the
summary background; amendments are not made unless a correction is noted at the
work session. Planning staff drafted the summary as part of the agenda item.
Discussions occurring at the council meeting are indented to the left of the summary
background.
There was consensus to implement the amendment.
Councilmember Bill Jonson moved to approve the minutes of the February 21, 2013
City Council Meeting, as amended. The motion was duly seconded. Mayor George N.
Cretekos, Vice Mayor Paul Gibson and Councilmembers Bill Jonson and Jay E.
Polglaze voted "Aye"; Councilmember Doreen Hock-DiPolito voted "Nay".
Motion carried.
6. Citizens to be Heard re Items Not on the Agenda
Wendy Hutkin, Jodi Bratch, Jay Keyes, Anne Garris, and Bette Failor supported a
review of Beach by Design with suggestions made to clarify infill development and traffic
study standards and to place more attention to small "Mom and Pop" hotels.
Steven Chirnside said he would like Cleveland Street shut down during Blast Friday in
front of his business at 530 Cleveland Street. He supported upgrading the lighting
along Cleveland Street at the 500 and 600 blocks.
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Public Hearings - Not before 6:00 PM
7. Administrative Public Hearings
7.1 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
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.
Vice Mayor Paul Gibson moved to 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. The motion was duly seconded and
carried unanimously.
Ordinance 8382-13 was presented and read by title only. Councilmember Bill Jonson
moved to pass Ordinance 8382-13 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.
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7.2 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 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 questions, Real Estate Services Coordinator Chuck Lane said the
developer of the adjacent parcel has consulted with staff as the development may
include a future annexation request. If the vacation proposal is not in place, staff may
ask that a portion of the adjacent property be dedicated for a right-of-way. The corridor
between Enterprise Road and Union Street is not feasible or planned for development.
A concern was expressed with traffic congestion in the area, with support expressed for
maintaining a potential right-of-way option.
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Three individuals spoke in support. Three individuals spoke in opposition.
Councilmember Doreen Hock-DiPolito moved to 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. The motion was duly seconded.
In response to a question, the City Attorney said the City owns the right-of-way; if the
right-of-way is vacated, the ownership of the underlying property would go back to the
Elysium subdivision as that is where the property came from. Engineering Director Mike
Quillen said the impact to developing the adjacent property to the east would depend on
the site plan; if developed as a city street, an additional 20 ft. right-of-way would be
needed to meet the minimum 60 ft. width requirement.
It was noted that citizens who spoke said they had not had an opportunity to see the
development plans. It was suggested to continue this item so everyone would have an
opportunity to see the development plans.
(No action taken on previous motion)
Vice Mayor Paul Gibson moved to continue Item 7.2 to April 4, 2013. The motion was
duly seconded and carried unanimously.
8. Second Readings - Public Hearing
8.1 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.
Ordinance 8368-13 was presented and read by title only. Councilmember Bill Jonson
moved to approve Ordinance 8368-13 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.
8.2 Adopt Ordinance 8371-13 on second reading, amending the Community
Development Code by amending Article 3, Division 9 to allow for balcony
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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.
Ordinance 8371-13 was presented and read by title only. Councilmember Doreen
Hock-DiPolito moved to adopt Ordinance 8371-13 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.
8.3 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
The proposed annexation is consistent with and promotes the following objective
of the Clearwater Comprehensive Plan:
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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.
Councilmember Bill Jonson moved to continue Item 8.3 to April 4, 2013. The motion
was duly seconded and carried unanimously.
9. Consent Agenda — Approved as submitted.
9.1 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)
Councilmember Jay E. Polglaze 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 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
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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 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.
Councilmember Jay E. Polglaze moved to approve temporary abatement of simulated
computer gaming devices. The motion was duly seconded and carried unanimously.
Ordinance 8386-13 was presented and read by title only. Vice Mayor Paul Gibson
moved to pass Ordinance 8386-13 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 — None.
12. Other Council Action
12.1 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
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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.
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 the CMA will pay for; 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.
It was stated that the MOU, the proposed ballot language, and scheduling the election
will require Council approval at a future meeting. The City Attorney said a request to
amend the lease of the Harborview Center has to come back for Council approval.
Extension of the CRA TIF requires approval of Pinellas County and amendment of the
downtown plan. The City Clerk said the ballot language is due to the Supervisor of
Elections in September, requiring council action in August at the latest.
Seventeen individuals spoke in support and two individuals spoke in opposition. One
individual expressed concerns with the proposed attendance and cost projections.
The Council recessed from 8:17 p.m. to 8:25 p.m.
Vice Mayor Paul Gibson moved to direct staff to notify the Supervisor of Elections
regarding the intent to hold a referendum on November 5, 2013, which will be paid by
the CMA, for CMA to lease the City Hall site to build the aquarium facility. The motion
was duly seconded.
One individual spoke in opposition.
Upon the vote being taken, the motion carried unanimously.
Council 2013-03-06 9
Discussion ensued regarding the MOU with a suggestion made that consideration be
given to include a $0.50 ticket surcharge. The City Attorney said the MOU will include
the lease details and outline the business deal.
In response to a concern, the City Manager said a separate discussion on relocating
city hall will be scheduled for the next work session.
Councilmember Doreen Hock-DiPolito moved to direct staff to work with the Clearwater
Marine Aquarium on a MOU, to include a surcharge discussion. The motion was duly
seconded and carried unanimously.
Councilmember Jay Polglaze moved to direct staff to assist the CMA with drafting the
ballot language. The motion was duly seconded.
In response to a question, the City Attorney said the referendum question will be
directed toward the city charter restraints (i.e., lease of the property for sixty years,
building below the 28 mean sea level elevation, etc.). It is staff's intent to complete the
MOU before the referendum. The question will be permissive; giving permission to
lease the property but not requiring to lease the property.
Upon the vote being taken, the motion carried unanimously.
Discussion regarding the lease extension of the Harborview Center was continued to a
future meeting. The City Attorney clarified that no action was needed tonight since the
extension would be based on fact that there will be a new aquarium.
Assistant City Manager/CRA Executive Director Rod Irwin said the county portion of the
TIF has various restrictions (i.e., environmental remediation, capital improvements, land
acquisition); staff will need to determine if CMA is considering broadening the allowed
use before placing the request with Pinellas County. The City Attorney said the TIF
extension will also require amending the downtown plan to include the aquarium.
Staff was directed to initiate preliminary discussions for the CRA TIF extension
application and report back to Council with established work plan.
13. Closing Comments by Mayor
Mayor George N. Cretekos reviewed recent and upcoming events.
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14. Adjourn
The meeting adjourned at 9:09 p.m.
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Council 2013-03-06