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03/06/2013City Council Agenda Location: Council Chambers - City Hall Date: 3/6/2013- 6:00 PM Welcome. We are glad to have you join us. If you wish to speak, please wait to be recognized, then state your name and address. Persons speaking before the City Council shall be limited to three (3) minutes unless otherwise noted under Public Hearings. For other than Citizens to be heard regarding items not on the Agenda, a spokesperson for a group may speak for three (3) minutes plus an additional minute for each person in the audience that waives their right to speak, up to a maximum of ten (10) minutes. Prior to the item being presented, please obtain the needed form to designate a spokesperson from the City Clerk (right-hand side of dais). Up to thirty minutes of public comment will be allowed for an agenda item. No person shall speak more than once on the same subject unless granted permission by the City Council. The City of Clearwater strongly supports and fully complies with the Americans with Disabilities Act (ADA). Please advise us at least 48 hours prior to the meeting if you require special accommodations at 727-562-4090. Assisted Listening Devices are available. Kindly refrain from using beepers, cellular telephones and other distracting devices during the meeting. 1. Call to Order 2. Invocation 3. Pledge of Allegiance 4. Presentations 4.1 Youth Arts Month Proclamation - Roberta Klar, Clearwater Arts Alliance President � Attachments 4.2 Surveyors and Mappers Week Proclamation - Chris McLaughlin, Secretary of the Tampa Bay Chapter of the Florida Surveying and Mapping Society � Attachments 4.3 Clearwater for Youth College Scholarship Awards - Hank Webb, Executive Director of Clearwater for Youth � Attachments 4.4 Clearwater Regional Chamber of Commerce 2013 Large Business of the Year Award to Clearwater Gas System - Bob Clifford, President Clearwater Regional Chamber of Commerce � Attachments 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. � Attachments 6. Citizens to be Heard re Items Not on the Agenda Public Hearings - Not before 6:00 PM 7. Administrative Public Hearings - Presentation of issues by City staff - Statement of case by applicant or representative (5 min.) - Council questions - Comments in support or opposition (3 min. per speaker or 10 min maximum as spokesperson for others that have waived their time) - Council questions - Final rebuttal by applicant or representative (5 min.) - Council disposition 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) 6� Attachments 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) � Attachments 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 1633177, Florida Statutes, to update provisions related to potable water and natural ground water aquifer recharge needs. � Attachments 8.2 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. � Attachments 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 l, 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) � Attachments City Manager Reports 9. Consent Agenda 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 l, 2013 to March 31, 2014, and authorize the appropriate officials to execute same. (consent) � Attachments 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. � Attachments Miscellaneous Reports and Items 11. City Manager Verbal Reports 11.1 City Manager Verbal Reports � Attachments 12. Other Council Action 12.1 Clearwater Marine Aquarium Presentation - Frank L. Dame, CMA Exec VP/COO � Attachments 13. Closing Comments by Mayor 14. Adjourn City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Youth Arts Month Proclamation - Roberta Klar, Clearwater Arts Alliance President SUMMARY: Review Approval: Meeting Date:3/6/2013 Cover Memo ��11�:�) City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:3/6/2013 Surveyors and Mappers Week Proclamation - Chris McLaughlin, Secretary of the Tampa Bay Chapter of the Florida Surveying and Mapping Society SUMMARY: Review Approval: Cover Memo ��11�:�� City Council Agenda Council Chambers - City Hall Meeting Date:3/6/2013 SUBJECT / RECOMMENDATION: Clearwater far Youth College Scholarship Awards - Hank Webb, Executive Director of Clearwater far Youth SUMMARY: Review Approval: Cover Memo ��11�:�� City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:3/6/2013 Clearwater Regional Chamber of Commerce 2013 Large Business of the Year Award to Clearwater Gas System - Bob Clifford, President Clearwater Regional Chamber of Commerce SUMMARY: Review Approval: Cover Memo ��11�:�� City Council Agenda Council Chambers - City Hall Meeting Date:3/6/2013 SUBJECT / RECOMMENDATION: Approve the minutes of the February 21, 2013 City Council Meeting as submitted in written summation by the City Clerk. SUMMARY: Review Approval: Cover Memo ��11�:�� Present Also Present CITY COUNCILMEETING MINUTES CITY OF CLEARWATER � r �� Mayor George N. Cretekos, Vice Mayor Paul Gibson, Co Doreen Hock-DiPolito, Councilmember Bill Jonson,,; and ( Jay E. Polglaze. William B. Horne II - City Manager, Jill Silverb� Manager, Rod Irwin - Assistant City Manager; `; Attorney, Rosemarie Call - City Clerk, and Nic� Records and Legislative Services Coordinator. To provide continuity for research, items are in agenda necessarily discussed in that order. ... . -. . � .- . -. .- The meeting was called to order I � • : , � ►�i'I Attachment number 1 \nPage 1 Imember �cilmember Chairman of the its continued support and presented the Mayor with an ae. Mr. Riggs provided copies of Bowl highlights and 5.1 Approve the minutes of the Februarv 7. 2013 Citv Council Meetinq as submitted in written summation bv the Citv Clerk. Counci12013-02-21 1 Item # 5 Attachment number 1 \nPage 2 Councilmember Bill Jonson moved to approve the minutes of the February 7, 2013 City Council Meeting as submitted in written summation by the City Clerk. The motion was duly seconded and carried unanimously. . • r- • - - • •; - � •- ,•, Cvndie Farris, Friends of the Island Park President, shared details of fundraising initiative for the Caladesi Discovery Center, a new open-air facility ti�at focus�:s on the Caladesi environment and cultural history. She encouraged all #Q att�nd the fundr�isir kickoff event on March 14 at the Sandpearl Resort. Carl Schrader presented Council with a resolution adopted by #i Neighborhoods Coalition urging Council to reopen the restroom Park. _. It was stated that Council would be discussing the Nancy Frisco said the lights in the restroom faciliti despite being closed. �� 7.1 Public Hearings - Not before 6:00 PM Administrative Public mc.(Ti�«�� .,1 � • • °« �"; q • ��. � �: .. ,�� • r. ��r , � � � � a " , � �; , ; • �� !� �� . �� ke Pa Crest lit for the allocation 7� rander Beach bv Desiqn. rize the aaaroariate The 0.63-acre subject property is located on the south side of South Gulfview Boulevard, approxirnate�y 894 feet west of Gulf Boulevard in the Tourist (T) District and Clearwater Pass character district in Beach by Design. The subject property is presently a part of a larger 1.438-acre parcel that will be separated into two parcels (Parcels A and B) through the minor lot line adjustment process. The subj�ct prQperty presently consists of the 91-room Quality Inn and its assQCi�ted off-street parking; however the proposal would separate the parking lot frorn the hotel in order to facilitate the construction of a new Hampton Inn and Suites on that parcel (Parcel B).While the proposal retains the existing 91-room Quality Inn, the size of the parcel requires the allocation of 60 rooms from the Hotel Density Reserve in order to keep the hotel from being over dense (144.44 rooms/acre). It is noted that the height of the existing hotel is 49.5 feet (as Counci12013-02-21 2 Item # 5 Attachment number 1 \nPage 3 measured from base flood elevation). On January 15, 2013, the Community Development Board (CDB) approved the Flexible Development application (FLD2012-11023) associated with the request. The proposed Development Agreement is in compliance with the standards for Development Agreements, is consistent with the Comprehensive Plan and furthers the vision of beach redevelopment set forth in Beach by Design. The proposed Development Agreement will be in effect for a perirad not to exceed twenty years, meets the criteria for the allocation of units from: the Ha�#el [�ensity; Reserve under Beach by Design and includes the following main provisi�ns: Provides for the allocation of 60 units from the Hotel Density Reserve; Requires the developer to obtain building permits and certificates"ofi o�cupancy in accordance with Community Development Code (CDC) Sectian 4-407; Require; the return of any hotel unit obtained from the Hotel Density R�serve that is no# constructed; Prohibits the conversion of any hotel unit to a residenti,al use and ' requires the recording of a covenant restricting use of such hotel units to overni< accommodation usage; Requires a legally enfQrc��bl�; mandatory ; evacuation/closure covenant that the hotel wi11 b�; cic�s�:d as soon as �racticable after a hurricane watch that includes Clearwater Beac� i� Hurricane Center; and Requires that the tlevelopment cc�i Metropolitan Planning Organization's (MPO) countywid�: ! application of concurrency rnan��ement for transpQrkatior The Community Develc�prnen# Board reviewed this Devel� �DVA2012-11001) at��a#� p�bl�ic hearing on January 15, 20 re�ommen��d its apprQ�ra1; ted by th� I�ational with the oach to the greement nanimously The City Attorney said th� draft agreern�nt before Council is for ten years, as requested by Council. In response to questions; Planning and C?evelopment Director Michael Delk said the �urpose of the hotel densi#y r�serve is to accomplish the construction of new limited ser�ice mid-sized hotels. The ordinance allows staff discretion to assign the units in �rcler accomplish the new hatel units. The property division is allowed to increase the size ofi the new hotel. Planner Kevin Nuremberger said the new hotel would have 116 new rc�c�ms. To bring the Quality Inn up to code, the applicant needs 60 units from the reserve pc�ol. Forty units would be assigned to the Hampton Inn site if the parcel is subdivided. Mr. 1�#uremberger said if approved, the facility would conform to density and parking standards and maintain the Quality Inn. There are 947 units remaining in the density poQ1. Mr. Delk said if Item 7.1 is not approved, Item 7.2 fails and the Quality Inn would continue to operate in legal nonconforming status as long as it remains a hotel. Counci12013-02-21 3 I[�'ii�:�7 Attachment number 1 \nPage 4 It was suggested that Council review the hotel density pool reserve process. Applicant representative Renee Ruggiero provided copies of the project narrative and reviewed project details. The development team worked closely with staff to meet Beach by Design and Code requirements. The project retains the Quality Inn, an existing operating hotel that averages 10,000 stays per year, and includes site upgrades, aesthetic improvements and required parking spaces. _ Six individuals spoke in opposition. The City Attorney provided Council with copies of the review agreements. Applicant Steven Page said the development team worked witk�` the project was feasible and met code and traffic standards, whi Hilton Corporation before proceeding with the Developm�nt Re� Community Development processes. Councilmember poreen Hock-DiPolito moved to between Clearwater Grande Development, LLC Clearwater, providing for the allocatiQn of 6� uni. the Hotel Density Reserve and a building height under Beach by Design. (D�fA2Q1 �-11001); ado appropriate officials to execute same. The moti uiscussion ensuec reserve units to an intended for new c� In response to question should consider modifyi similar situation. Assist cas�,.law in Florida that Upon ti�e vote be : nce n, not approve a uevi (the property ��a� ts for an �uernic of 49_5 feet (fro pt R�:solution 1: on' was duly sec determir ,;ing with ttee and ment Agr l, and the t lation' from elevation) �orize the ssed with how staff administered the density was stated that the hotel density reserve was ng buildings. ity Attorney said if Item 7.1 is not approved, Council :ode as it relates to the hotel density reserve, to avoid a Attorney Leslie Dougall-Sides said there is no statute or � air/view rights. i; Councilmembers Doreen Hock-DiPolito and Jay Polglaze e N. Cretekos, Vice Mayor Paul Gibson, and Councilmember 7.2 Approve a Development Aqreement between Clearwater Grande Development, LLC (the propertv owner) and the Citv of Clearwater, providinq for the allocation Counci12013-02-21 4 Item # 5 Attachment number 1 \nPage 5 of 76 units for an overniqht accommodation from the Hotel Densitv Reserve and a buildinq heiqht of 150 feet (from base flood elevation) under Beach bv Desiqn; adopt Resolution 13-02 and authorize the appropriate to execute same. The 0.80-acre subject property (Parcel B) is located on the south side of South Gulfview Boulevard, approximately 977.97 feet west of Gulf Boulevard in the Tourist (T) District and Clearwater Pass character district in Beach by Qesign. . The subject property is presently a part of a larger 1.438-acre parcel that will b� separated into two parcels (Parcels A and B) through the rninor lot line �djusfinent process. Presently, the site consists of the 91-room Quality Inn and its as�� parking lot. These two elements will be separated from one anoth and B, with a new 15-story, 116-room, mid-sized hotel (Hampfi+�n being constructed on parcel B. The first five levels of the Hampto hotel will be a 245-space parking garage. Thes�: parking spaces; seven additional surface spaces, will be shared b�:tween the subj� the adjacent/existing Quality Inn property fhrough a p�rmanent cr shared parking agreement. The proposed density of 1 76 rooms from the Hotel [ proposed height is 150 fe prop4sed are consistent � �n January 15; 2013, the Flexible Devel+�prnent ap� construction of>tl�is new h ifl[• • • u i �ity Res�rve) is o top of roof sl� the provisions � as Parcels;rA i and Suites) nn and Suite� � well as �roperty and � access and tich includes the allocafi' rooms �a�r ��r�. The i the density anc1 height � by De�ign. unity Develaprnent BQard (CDB) approved the i(FLD2012-11 �24) associated with the �ject to 19 conditions of approval. The proposed Develc�pment Agreem�nt is in compliance with the standards for Development Agreernents, is consistent with the Comprehensive Plan and furthers the vision of beach redevelopment set forth in Beach by Design. The proposed Development Agreement will be in effect for a period not to exceed twenty (20) years, rne�ts the criteria for the allocation of units from the Hotel pensity Reserve uncler Beach by Design and includes the following main pr4yisions: PrQ�rides for �he allocation of 76 units from the Hotel Density Reserve; '.:7i Requires the developer to obtain building permits and certificates of occupancy in accordance with Community Development Code (CDC) Section 4-407; Counci12013-02-21 5 Item # 5 Attachment number 1 \nPage 6 Requires the return of any hotel unit obtained from the Hotel Density Reserve that is not constructed; Prohibits the conversion of any hotel unit to a residential use and requires the recording of a covenant restricting use of such hotel units to overnight accommodation usage; Requires a legally enforceable mandatory evacuation/closure �ovenant that th hotel will be closed as soon as practicable after a hurrican� w�fieh that ir�clucle Clearwater Beach is posted by the National Hurricane Cen#er; and Requires that the development comply with the Metrop� Organization's (MPO) countywide approach to the appl management for transportation facilities. The Community Development Board revi (DVA2012-11002) at its public hearing or recommended its approval. Applicant representative Renee reviewed project details. Two individuals, spoke in Iglaze Clearwater Grande Q�ve providing for the allocatio Density Reserve and a b� Beach by Design; adopt 1 same. The motion was � Jay Polglaze voted "Aye" Councilmember Bill Jons The 7.3 otion failed. nent, �,�: � 76 unit� ng heigr olution 1 ro icat�c�n �r concurrency ; elopment Agreement ?013, and unanirnously the prc�iect narrative an to approve a D��relQprnent Agreement between ;(the property owner) and the City of Clearwater, , for an overnight accommodation from the Hotel ifi c�f 150 feet (from base flood elevation) under 3-�?2 a�nd authorize the appropriate to execute :d. Councilmembers Doreen Hock-DiPolito and George N. Cretekos, Vice Mayor Paul Gibson, and � ��Nay„ c�uncil recess�;d from 8:00 p.m. to 8:05 p.m. Ap�r�� mendments to the Communitv Deve ent Code addressin Proqram, nonconforminq lots and plans review fees; approve an amendment to the Clearwater Code of Ordinances addressinq board attendance and pass Ordinance 8371-13 on first readinq. Counci12013-02-21 6 Item # 5 Attachment number 1 \nPage 7 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 re�iewed each of the recommendations and presented to City Council ideas as #o how some of them may be adopted as well as a pros adoptions to occur. me At the direction of the City Council, staff has previously prep�red t amendments to the Community Development Code (CDG) addres: the recommendations of the BTF as well as a few amendrnen#s pr; These changes were reviewed by the Community Development Bc its meetings of December 20, 2011 and July 17; 2Q12a and the Bax recommended the approval of each ordinanc�;: The �ity Council h; passed and adopted each of the ordinan�e� at its meetings of Feb and September 6, 2012. Staff is now proposing a thi recommendation of the BTI is a summary of the subsfia' the al to the ground tc District and onl� facility with a m Replaces an incor correct calculation be referenced; clear .u-,��i�iii weii as aaaitiona� items p amendments included in text � some ofi' sed by sta I (CDB) at equently 2012 staff. Below wance of building projecfii�ns into setbacks and rights-of- ons is affixed solely to the building and not directly affixed e balcony,projections, bu#`only when in the Downtown (D) the assc�ciated use is an Indoor Recreation/Entertainment of 650 seats; reference within the recently adopted sign code with the :i�od for freestanding signs, which is what was intended to permits will not be issued for unlawfully created lots; �t nonconforming lots cannot be subdivided and conforming lots livided in such a manner that renders them, or any structures nforming; Allows those projects using a private plan review provider for the review of the Building, Plumbing, Mechanical and Electric trades may have their plans review Counci12013-02-21 7 Item # 5 Attachment number 1 \nPage 8 fee reduced by a maximum of 25% (recommendation of the Business Task Force); and Modifies the Code of Ordinances to provide an exception to the excessive absences definition for those absences due to military related commitments. Planning and Development Director Michael Delk said the Busin recommended that the plans review fee be reduced by 33%; sta' recommendation. Vice Mayor Paul Gibson moved to approve amendments to th'e Development Code addressing encroachments into setbacks a Comprehensive Sign Program, nonconforming lots and plans r� amendment to the Clearwater Code of Ordinances addressing ` motion was duly seconded and carried unanimously. asM sn it-way, tn� ; approve ndance. l Councilmember Bill Jonson moved to amend Page 4, 1(c�,,to ��ad, "Plans revi�w fees will be reduced by 33 percent for those projec#� using a privafie provider of plan review services, pursuant to Florida Statutes, to review the Building, Plurr�bing, Mechanical, and Electrical trades" and to amend the ordinance title, lin�: 17,` tQ read, "... TO AL,L.(aV' FOR A 33 PERCENT REDUCTIQ�I.:." The'rniotion was;clulv secQnded. Ordinance 8371-13 was p U��n rQl1'�c�11,��tl�e� u� '"Ayes": Mayor Doree Jay E. Nays": None. '�.. • was: eN.0 -DiPo as amended, anc! read by titl , Vice Mayor P�au1 Gibson, Councilmember ncilmember Bill Jonson, and Councilmember �t�d at the intersection of Sunset Point Road and Hercules nq of a portion of Section 1, Township 29 South, Ranqe 15 s Ordinance 8374-13 on first readina. (ANX2012-12006 e Counci12013-02-21 8 Item # 5 Attachment number 1 \nPage 9 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 determir annexation is consistent with the provisions of Comm Section 4-604.E as follows: The proposed annexation will not have an adverse their levels of service; and The proposed annexation is consistent with of the Clearwater Comprehensive Plan: Objective A.6.4: Due to the built-out urban development within the urban application of the Clearwater Comm The proposed annE Camprehensive PI� ' : The proper#y propc ' the north, south, e� Statutes Chapt�:r 1 Staff is requesting � accompanying ordi same meeting, sch C+�uncilmember Jay Polc motic�n was duly secand� � :r of the area shi ation is consistent with tl i`an�! Gc�mmunity DevelQ �d fQr annexation is conf t and v►rest; #herefore the 1.044. is item k s desigr i for Ma ent Code: �ax`ine propQSea #�evelopment Cc�de �n��aubl�c facilities anc�� the following objective f Clearwater; cQmpact ar�moted through �: de.; e P�an �nd' the City's isfing City boundaries to is consistent with Florida ntinued in order to allow for the �#he land use and zoning be heard at the 1, 2013. moved to continue Item 7.4 to March 21, 2013. The d carried unanimously. ings - Public Hearing 8.1 Adopt Ordinance 8322-13 on second readinq, amendinq Chapter 32, Code of Ordinances, relatinq to the collection and treatment of wastewater and resources with the potential to be reclaimed. Counci12013-02-21 9 Item # 5 Attachment number 1 \nPage 1i Ordinance 8322-13 was presented and read by title only. Vice Mayor Paul Gibson moved to adopt Ordinance 8322-13 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. � private inqress/eqress easement Iyinq within Lot 5, Ren�i��ar�� Addition as recorded in Plat Book 137, Paqes 71 and 72 of the Pinellas Countv. Florida. Ordinance 8375-13 was presented and read by ti� Hock-DiPolito moved to adopt Ordinance 8375=1; motion was duly seconded and upon roll call, �he "Ayes": Mayor George N. �ret�:kos, Vice M; Doreen Hoc1�-DiPalito, Councilmem Jay E. Polglaze. 9. Consent Aqer�d� : 9.1 Amend Purchase ( the purchase of thr $144,448.00, in ac , Governmental Bid; Purchase Aqreem� appropriate official; 9.2 A�prc�ue a �c�nfirac itional F rle'only. i 3 on seco vote was I* �'7"ilf��"� ul Gibso Jonson, :- • . �ber C I readi Imember �cilmember -150 Pickup Trucks for a total cost of ) FF,(11(rll _ (`nrlA nf (lrrlinanrAC _ (lth �T�Cltit•7�1 . �� • . � • ��'��y�ili�TiT'Fitii�"t•7'ii�iT :iF1i1:�i111'taiF��l'TCa'iTt•7:•[7iT�lal� � - � . • � . � �tT•� quarterlY`Maintenance Fees for the period May 1. 2013 throuqh April 30. 2014. per th'e contracts dated November 17. 2008 and April 28. 2010 and authorize the appropriate officials to execute same. (consent) Counci12013-02-21 10 Item # 5 Attachment number 1 \nPage 1 9.3 Award a contract (Purchase Order) for $430.753.00 to Duval Ford of Jacksonville. FL for the purchase of two Ford F-550 chassis with CUES TV Hi- Cube Van, in accordance with Sec. 2.564(1)(d). Code of Ordinances - Other Governmental bid: authorize lease purchase under the City's Master Lease Purchase Aqreement and authorize the appropriate officials to execute same. consent 9.4 Award a Contract (Purchase Order) for $240.917.00 to A Pompano Beach, FL for one M2 Freiqhtliner Chassis witt Sweeper, in accordance with Sec. 2.564(1)(d). Code of C aovernmental bid: authorize lease aurchase under the Ci 9.5 consent Manaqement District (SWFWMD), which provides reimburs costs ua to �800.000 for the Mandalav Avenue S#Qrmwater Tampa. FL, in the amount of $1,343,6 officials to execute same. (consent) , 9.6 Appoint John Funk as an the a anim City Manager Repor 10. Other Items on Cii 10.,1 Approve the Busin Community Dental northwest corner � �nd the authori�� : ana autnc�riz� r to tl� �c�m m u iPolito moved to approve the �r�opriate officials ta �xecute s sly. ager Repc�rks ase Contract between the Ci� :ic Truck Genter �yne Gladiatc�r ; iances - Other Master L�ase ner�t t�fproiect ►utfall pro'�:c� t (11- oodvoets; Inc. of e approp�iafie . ,� C?evelopment �nt Agenda as The motion was duly of Clearwater and -� ------� �---�--� �uth Martin Luther Kinq Jr. Avenue and Woodlawn Street ropriate officials to execute same. At th� January 14, 2013 work session, Council directed staff to prepare a business lease contract with the Community Dental Clinic, Inc. for City-owned properly located at 1498 South Martin Luther King Jr. Ave. Community Dental Clinic, Inc. (CDC) approached the City with a request to lease City property to provide low-cost, basic dental care to qualifying people. After considering several location options, the proposed site is a City-owned commercial building located Counci12013-02-21 11 Item # 5 Real amei Attachment number 1 \nPage 1; at 1498 South Martin Luther King Jr. Avenue. A portion of the 4,600 square foot building is used by the Clearwater Police Department as a substation. The remaining space is approximately 3,354 square feet and was previously occupied by Foundation Village Neighborhood Family Center, Inc. for several years. The proposed lease allows the non-profit organization to use the property to provide dental care for UPARC, Inc. participants/consumers, participants/referrals from Salvation Army programs, and Clearwater Free Clinic patients within the low-income population living in Pinellas Caunty. Notable terms and conditions of the lease are listed • CDC will accept the property as is and may m improvements at its sole cost and expense. • The initial lease term is for five years with an option to � one additional five-year period. The additional five-year approved or denied at the City's sole discr�:tic�n. • The proposed lease establishes r�:nt at the n for the term of the lease. • CDC will be resp maintenance res compone builcl=out the lease , may be �ninal rate of $1.Q(? annually � will assume all interior ildinas structu;ral * Shc�uld Council tl�;termine that the properky is needed for other municipal purp��ses and terrnina#�s this lease within ��o y�ars of the effective date, the City shall reimburse the CDC on a prc�rated basis for a portion of CDC's cc��#s associated wi�h improving the property. • The City will cQntinue to rnaintain the landscaping on the property; sewer/water utility costs will be shared by CDC paying 72% and the Police Department paying 28°/o of actual costs. • Insurance requirements have been established by the City's Risk Managemer�t Department. �s Coordinator Chuck Lane said the reimbursement schedule was prorated period. Councilmember poreen Hock-DiPolito moved to approve the Business Lease Contract between the City of Clearwater and Community Dental Clinic, Inc. for the lease of City- owned property located on the northwest corner of South Martin Luther King Jr. Avenue Counci12013-02-21 12 Item # 5 Attachment number 1 \nPage 1; and Woodlawn Street and the authorize appropriate officials to execute same. The motion was duly seconded; Mayor George N. Cretekos and Councilmembers Doreen Hock-DiPolito, Bill Jonson, and Jay Polglaze voted "Aye"; Vice Mayor Paul Gibson voted "Nay". 10.2 Motion carried. Fire and Rescue to provide eme Robert Weiss to execute same. medical serv The Phillies Florida LLC (Phillies Florida) will enter int Clearwater Fire and Rescue (CFR) for the provision of Philadelphia Phillies spring training game; every �013 game; and for 10 selected special events designafe�d There will be a mutually agreed-upon m�;thc�d of chec each game/event for billing purposes �# the rate establ The minimum time for each event will b� four hours. A ballpark after those four ho the agreement, and check� ballpark. CFR will prouide r CFR provides pursuant to 1 twenty days of receipt. CFF a��licabl�: law. includina. b indemnify;-�lefen� agreement.CFR ; least the amount; Klasing, Risk Mai document any inc its obligations hei to, the Health Ins Privacy and Seci medical informati such documentaf and hoi �all mai vuiii ae :campen igainst fhe sign ithly invoices t� letter agreerner e City of Cleanr iot limited to S� rmless Phillies i insurance cov� o an agreement with E(VIS s�ruices for the201; Clearwater �hr�shers by Phillies Flarid� in 2013. king in and checkirtg out at ish�d in the agreement. ny tim�:. spent at the ��ed at the hourly rate set forth in �fi time by the teams at the hillies Florid� fQr the>services which invo�c�s will�be paid within ter, to the exfent permitted by Qn 768.2�, Florida Statutes, shall arid�a; �nd others noted in the �pe of at least the kinds and in at ified on �he letter dated January 23, 2013 from Linda R. City of Gl�:arwater, Florida, to The Phillies. CFR will � that may occur during the course of the performance of ;r and, subject to applicable law, including, but not limited ; Portability and Accountability Act of 1996 (HIPAA) ales, and use best efforts to get those treated to sign a �losure form legally authorizing CFR to provide copies of Phillies Florida upon request. The term of the letter ement shall be from the date it is signed through December 31, 2013; either + may°fierrninate as outlined in the letter agreement. Councilmember Bill Jonson moved to approve the agreement between Phillies Florida LLC and the City of Clearwater Fire and Rescue to provide emergency medical services at Bright House Field for 2013 baseball events as outlined in the agreement and Counci12013-02-21 13 Item # 5 Attachment number 1 \nPage 1� authorize Fire Chief Robert Weiss to execute same. The motion was duly seconded and carried unanimously. Miscellaneous Reports and Items ,.- ., -.. 11.1 March 6. 2013 Council Meetinq The first council meeting in March is scheduled for Wednesc the U.S. Coast Guard Band Concert at Ruth Eckerd Hall an Council moved the Monday, March 4 work session to Tu�sd ACPT (Advisory Committee for Pinellas Transportation) meE the scheduled agenda for this meeting is light, staff is recom meeting only on Wednesday, March 6. The City Manager said staff is no longer recornn session/council meeting. The work session will will be held March 6. Re Items 7.1 and 7.2 The City Manager said a reuiew of„ Beach by De staf# w�tt� filexibi�ity and Coun�il i��uncomfortable wi�h a suggested #imeline regardirtg changes to � Mayor George N. Cretek congratulated Clearwate woman driver operator o Fir�:fiahter CrossFit Chal �naing a e on Ma needed ay, Marcn E rch 5 due #c �nflict. Sinc� aa a council e cou y document provided Staff will come back iewed r�cent and upcoming events. The Mayor �nd Rescue rnembers Wendy Arnold for receiving the ear and Christian Miller for firefighter of the year in the Counci12013-02-21 14 Item # 5 Attachment number 1 \nPage 1; � r' • The meeting adjourned at 8:34 p.m. Counci12013-02-21 15 Item # 5 City Council Agenda Council Chambers - City Hall Meeting Date:3/6/2013 SUBJECT / RECOMMENDATION: 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) SUMMARY: 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. Review Approval: Cover Memo ��11�:�� Attachment number 1 \nPage 1 ORDINANCE NO. 8382-13 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING PORTIONS OF BOTH THIRD AVENUE NORTH AND FOURTH AVENUE NORTH, BOTH PROPERTIES LYING EAST OF FIRST STREET EAST IN SECTION A, CHAUTAUQUA ON THE LAKE AS RECORDED IN PLAT BOOK 9, PAGE 52 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA CONTINGENT UPON THE CITY RETAINING A DRAINAGE AND UTILITY EASEMENT OVER THE VACATED PORTION OF THIRD AVENUE NORTH; PROVIDING AN EFFECTIVE DATE. WHEREAS, Timothy R. and Ashley N. Newton, and Donna M. McConihay owners of real property located in the City of Clearwater (the "City"), have collectively requested that the City vacate the portions of the rights-of-way depicted in Exhibits "A" and "B" attached hereto and by this reference made a part hereof; and WHEREAS, the City Council finds that said portions of the rights-of-way are not necessary for municipal use, and it is deemed to be in the best interest of the City and the general public that the same be vacated; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following: That portions of both Third Avenue North and Fourth Avenue, both properties lying east of First Street East in Section A, Chautauqua on the Lake as recorded in Plat Book 9, Page 52 of the public records of Pinellas County, Florida, being more particularly described in Exhibits "A" and "B," attached hereto and incorporated by reference hereof, are hereby vacated, closed and released, and the City releases all of its right, title and interest thereto, contingent upon the City retaining a drainage and utility easement located over the property described in Exhibit "B," said drainage and utility easement is retained for the installation and maintenance of any and all public utilities and drainage facilities thereon. Section 2. The City Clerk shall record this ordinance in the public records of Pinellas County, Florida, following adoption. Section 3. This ordinance shall take effect immediately upon adoption. I[�'ii�:�� Ordinance No. 8382-13 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Attest: Camilo A. Soto Rosemarie Call Assistant City Attomey City Clerk Attachment number 1 \nPage 2 I[�'ii�:�� Ordinance No. 8382-13 FIFTH .�,';fE�;��;�E ( �� 1i j�4 � 1� i 2 s `s, �� c, �� 1A � ` w �. . � W W � "t.� er) H �r � li 1� � �� ~ w �y s:;: i� 4J ti� � � 'f �d.. � � gk m. ��., � � �� 1JE P��TH � �. ! i � � � � ,� � �� *� 73 �� 7t� t� $ � � � �' � � � .:� THIE�k: � L �, r7= {� �+i�r ?'� 1'a �� I 11 1'i� 'I�I�I�I� �ECv�lrv �,'+:�E�I��E h��F�TH 1� �...., . k� ! �i � �— 7 �} � '� � 1 r 1 � � � ,.... � ..,� �'�I k�rJ Fk,/'�r EXHIBIT "A" ��;�f4'.TH LI�E, `�.E: 1 f�� ".`."'�$r. 1,�� aE�Tl�h� 3�—�r�—�tJ C� E�!� R I� TI f� �1 F�g.��?TH �t'vEP�I�E N��'�TH n �a,� F�rC�T �I+,�HT—�:7F—'�+�,4Y� C�i�l;h��?E; '��1 1HE v"tE:�T E3Y THE E#a;T �I�HT—C;F aw�,�Y LINE a�F FI��T ST�EET E.=�ST; ��Eb �7� THE E,�,�T �Y THE `,aEt;IJTNEI�LI' EXTEP��;I�;FE� CiF THE E�,�;T LINE C?F L��T ;�; f�Lt�c;K ��;�, LYI�t:; �+;;�!,�,t:EPilT T(? �f�t°} ��:)i.�TH ::)F LC.7TS i, �: r-,"+,t'w'[7 3; BL�a��l� �� ,�'.ti� AG.1��ES�1T Ti7 nPJC IV`�P"�TH t:F LvTS 1�'', 1;a: a.P.�? , g, ;3L�`:t'rK �Fa '.."'�F l��IIT hJ� s—�>E�:. �, i:HRl�Tnr�l„Grr� �'!� THE LnKE A:; f�E�;::�)h�P',�E&`? 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LE�,�L L�E ^�I�TI;;�N 'ti?,`�:� I"RE�r�f�E� t%Y �'CiL,�`:%I`.a 4��)�:`:I�tTE.�'r, IN�. :�� `2t'3;t1E,+C�u�OG,,`�4�f�14,7 2. �E—g.'�E �F THI� �V:ETGH FCJ'R F�t?RP4��Ea t�THEE2 TH�.i� VaHI�H IT `;4h`� I�TE�v�ED„ .,..,... . i��I1H"��T '��}21TTE�! `M`E�IFI�'�TICi'�. '�r'ILL i�E �T THE �tE—��E?;.� S;:LE r�l�l� �P�?3 `�'11Hu=�T LI�.E3ILIT'M� T�� THE ��16�'�E�'C��, `�!s`�THI�� HEREI�I �HALL �E �: fM1a�1RUE� �a,"z�,�is�c�un��;��r�;��1:�� TG GI'�E Ayd'Y RI�:HT� G�� BE�EFIT� T� 5 i�.s�Y�wt�E �lTHEt� TH�.�1 THu�E GERIIFIEE7 r�. u, TH1� �N:ET"UH Iv7 ��C�T II�TE�C�E� TC �Hi7"44' THE L�C�.T1�Y1 �'�� E�✓I�TEh�:E �7F ��Y' �,�,I�:G�I�TI��."�.L Hr,Z�iRD;�'I�I� �R EF,E',�1R�h�>.�Eh�TA.LLY �E�5111`k+E .��E,��;�. �, THI� �KETt�H 4�Av F''�CEP.�,fi�E�i 'ah�1THC7�L11 THE gE�rEFIT +�F AN r�6�TR�.i�T �F 11TLE AC�d h��'�` CiE �!J�JE�T TC� E�:�;E��E�T�, �E�TRU�11�'t�J�,, RI �HTS—�'F �'�Y ?.NQ ^u�THEl� ��,fi.TTE�� ?F �E ,u�L�.. � EI�TI FI � ATI C� �1 I HEF;Ef��Y i�E�11FY TH,�T THE �4�E7CH RE�;�E�EhJTEL? HERE�7hi ��EET� 1HE F�Ir�IIj�:�,� TE�H�vIU�:L �Ta°��:,�C75 �ET F��TH �'i THE FL�?f�IC�r� �u,�,�� CF Pf��iFE�;I��?�IAL ��?f�vEY'v�� .�E�D r,�a�PE�:a IN t�H�.I�TEF? ��,�-1? FL�f�I�� Gk��l�!I�T��T1�rE �.uC�E, F°I�}��I��r',ha'T Ti7 �ECTIC�i� �1-F'� `?2? FL��'IGA �7„T��TE�_ d"�� ' �� D,��J H. �I�i��°�"� r � �C�� rFE��I�N�L�'�''�f��' ��.I��4'E'iCl"� LS ��7; �T�;TE �'�F FL�RIG1�. � .' `:* � � M � �"" � ! 1 � �kSS:��A T€S P+4'C,. �I%S}FE�SIi3NAL �UfZVEYIlN� L'B f�31� 216� S��tMY6J�LE ��ULE"JAf��i, �t�ITE D �LEA,R�!?:TEr�v FLflRIf�A ��7d�5 i727� ��1-61'9� �llaui7��J FIFTH ��,t.'E�;;�;E C ±� 11 1� �• 1� 'i � .� �r st 14 � � � r w �°' � W W tr "t ,5 v~� _ `'��'-' li �- i � ,� �� w � ^q� � 1� 4� � F�"�+'��E�TH � � � � '{ � � z.,.. �,�„� � � � e�l <� .rE L.1E P+��TH�* $ � �md � �� a € :� 1 � '41 1€; � � � _ � � �'�� '�` � .5 L �Si�y° ��r :� 33 "i� �11� 1n� `I2I�I�I� JE��P�� ,�:t'EEdE,�E h��E�TH !� �...,.., °{r r E; ,� � �� e� � �... � .,.,� �� 1� 1!� �� 1� �?a' P,/'�J EXHIBIT "6" �C°�??TH LI`�E, �_E: 1 f'� �."'�°J. 1;�'� �E�TIC�P: ��—`�'�!-3 ti� iiE��6�1�'TIc�I� THI�� .�`E��J�,�E C�t;f�TH r"+ b�� FC^a}T :�I��HT �'1F—+�4'.+�`f; F�(`;� Ni E.;; �,P�l THE 5�°;Ec':T HY THE E�.�T F",I aHT—(�F i�°;r,",Y' LI�JE a�F FI�"`�T S1rEET EA-�7; �'�l!��E&� �"�'� THE EA�T �'Y` THE `7�,°UTHEI;:LY EYTE�.f`�If.,�%1 �)F THE E�:`�T LINE C3F L��T �`� �3L��C;k a�. LYI�::;, �.�,��C;ENT T�:� �NC.s ��)t�.�TH �:jF L�?T� i, �. ��L� 3, �LC��;K �5 �1^;C� ,;1;41A�:Et�T T�� .�hJk: t��?RTH �:F L�^T5 1� 1�� .��.� p�;y r;L„�,4� �,:� ,aF l.��JIT N:7. ,—��E{,:. A, C`;HAUT�,uG.�4.�� t�� THE L�KE �.`� �Et.C7`�',:I:.EG} II� €'L:aT ��:i�,K �, Pn"�E �i2 �?F THE h=�JE�LI�: €�E�.��?� �F �I�iELL+�;� C:U�,��JTY� FLt��ILi�, �� ITEh�� t�TE �3Y �.L7(�EL' R�?Et�', '4'.AC`r°.7Ek� ��+`4'�! "'„�—�1-12 .7T "�KE7+�H �c C;E��1�=ll;�t� �:�� ,�4—,� .ar H t.,tt��F'�sCtl�+h`l`�'tt��aSCi�[} f�ti"a—ir'�:�:.L�S"R'� �� ° �+�,f � �,i CJL"Uf7(:,+6GdG{`€J� 145 Attachment number 3 \nPage 1 SECTICJN 32, T[7'�4'�+I�HI�' ��, F�A�1�E 1bE �1hlELLFi� �QUNT`i`, FL�di�IC��. F��JECT N�1�,4�3EC� 2��4�—�� {,1 e � �'j �a,'' ; �53U�.LE �'=1?C, � � EdeM �r.'�:7tiTH`diE.��aT PGi = FLAT c��.�C3YC S'3,'�'1�f'1�s'�`��Jt,�C=�'d�ii1�`,�12�� F�� — f�'ACE � �� 1 I� IG'HT—�;f—W'A Y i;E _ �aun�E�ar 3'z:,t°sE{l�i,l�jii,�',a��]6t�n,r.�.i5�< LEt��lE3 FAIi�EL h`�t�i13ER �p�I�i1�N ;5F CsIGHT—�JF—�`�r T�� E k��FiiEC} '2,•2�,z,s;�;?E��,�P�i��a�� 0 �i�Hr �—�a��r F'�iE11Gu5LT '�'kf�:�TEp ��fiE� 1, LEG�'.L C�E•�!;�I�TI;;�F� 't?,Ri+ a�f�EF rhRE� BY r��L�,�;15 .��S��:I �TE�. 1��3 �", :3?{`,?t�f 76;P�i��JU� t�4PJ�`�jt �J 2. �E—�,':�E t�F THIS S�ETGH Fs�R �t?RP(�'`�E5 vfTHER TH�"i� S?a�}iI�:H I7 dvr�`i I�TEF��EED� -.�.-.�.•�- "�aITH�uI?T a'�dF�ITTE�`� `4?E�tIFI�r.114��. 'r'tILL �SE k:T THE �E L;�E�'� ��:LE Rl�f� fi.P�� '��=1THJUT LI�,�ILITY T"7 THE S!��R'�+EY?�. �1±�THI�J� HEREI�I ;�H�LL �E G�t�`1R��EI7 ��P2�ptsj��+�u�;��,:�,��1v� TG �I'v'E A�JY RIGHT� t"�,�C BEREFIT�, 7t k.h�YCNE a�THE� TH,AA�d TH�:�aE GEFl1FIEd TCf. �. THIu> �IfET�:H I`_�, ��T IhJTE�ICIE� TQ SH�'Vv' THE L.��C+�Tl�hs' G�' E}�I YTEBv�E iaF ?��JY �.£c;I��I�TI�AL H�,Z��C�'�15 "�I� El�vl��'hi�.�EhdT�LLY �E�t5111 ��`E ��E,�,�,. �. THI� �kET��H 'Nrs� F�'EF'?�.�EC7 'Vv1THt7��1 THE gE�iEFIT =,�F �h ;+C`uT�?A�;T �F 11TLE k:N� M�,Y C�E fi3,JC�JE�T TC E�: bEh�E�TC, �E�TE�ICTI�:�N�; RI!�HT�—��,+F 'a�n`f :�.�lG �=THER Ps�;TTE�� '��F �;E��e�t. � Ei�TI FI � ATI t� Pt I HEFdE�3Y i;EF�l1F`f TH�T THE ;ISET(�H REg��;E�EPdTEI� HERE�:!hi h,�'EET� THE h�ilt�lh�iZ'� TE�Hi�I�:.aL STa"�[�A�2a5 �E7 F��TH �'i THE FL��IC� �u,�,��? GF C�I�uFEjSI��I,Y.L S�Jf��JEY��r� �,r�G hd.A�E�E:2S I��I i;H�f'TEF 5,�-1.i� FL�RIGt"�. .�[;f�I:w157R�T1S,`E ::�J[;E, �°�:`�`�LrRFVT 1� iE�TI�'t�w �-��;:�i FLGR'1�=,� �14Ti�€TE;�. �F� j� � . � c ��' �ln� Fi: �'��` �� FI��?FE��I�N�''�.'�f�8�% �U�f`vrE�';r'�' L� 5'��7, �T:�TE ,'�F FL:.�RI�;� ' � � �� • . � � �, � "" E � �, � ; ASS��d�4?�� 'G,. �'R£�FES51�M AL S�JE�VEYI�Y� L'B �t 3:i 216� ��,�h�NYCALE �C�ULEV,ai�f�, �UITE d �LEA��A+a,1E�, FL�RIL?1! :��7ta� i727} ��9-641� �llauil�� Attachment number 4 \nPage 1 � C�earwater �. Prepared by: Engineering Department Geographic Technology Division 100 S. Myrtle Ave, qearwater, PL 33756 Ph:(727)562-4750,Fax:(727)526-4755 www.Myqearwater.com RIGHT OF WAY VACATION " THIRDAVENUE N& FOURTHAVENUE N W E Ord. No. 8382-13 �t m# 6 5 Map Gen By: MBK I Reviewed By: I Date: 2/14/2013 I Grid #: 233A I S-T-R: 32-28s-16e Scale: N.T.S. Path: V:\GIS\Engineering\Locafion Maps\RightofWayVacationThirdAveN.mxd City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:3/6/2013 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) SUMMARY: 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. Review Approval: Cover Memo ��11�:�� Attachment number 1 \nPage 1 ORDINANCE NO. 8383-13 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING THAT CERTAIN 40-FOOT PLATTED RIGHT-OF-WAY, ABUTTING AND LYING EAST OF LOTS 4, 5, 6, 14, 15, 16, 17 AND 18, DEDICATED AND DESCRIBED IN THE PLAT TITLED "ELYSIUM — PHASE 1" AS RECORDED IN PLAT BOOK 93, PAGES 41-46, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, SUBJECT TO CONDITIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, Rhonda B. Harms; Karsten Jacoby; Thomas G. and Karen L. Hackett; Phyllis D. Perron; Kerry B. Meyer; Laura D. Irion; Kevin E. Dunbar; and Mark A. and Deeann Kerrutt owners of real property located in the City of Clearwater (the "City"), have collectively requested that the City vacate the right-of-way depicted in Exhibit "A" attached hereto and by this reference made a part hereof; and WHEREAS, the City Council finds that said right-of-way is not necessary for municipal use and it is deemed to be in the best interest of the City and the general public that the same be vacated; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following: That certain 40-foot platted right-of-way, abutting and lying East of Lots 4, 5, 6, 14, 15, 16, 17 and 18, dedicated and described in the plat titled "Elysium — Phase 1" as recorded in Plat Book 93, Pages 41-46, of the public records of Pinellas County, Florida, being more particularly described in Exhibit "A," attached hereto and incorporated by reference hereof, is hereby vacated, closed and released, and the City releases all of its right, title and interest thereto, contingent upon the following conditions: 1. The City hereby retains a drainage and utility easement over the described property for the installation and maintenance of any and all utilities thereon by the City of Clearwater, Bright House and/or Knology consistent with any vested rights of occupation in existence on the Effective Date of this ordinance, including any rights vested under any valid franchise agreement between each private utility and the City; and 2. All property owners abutting the west boundary of the right-of-way vacated hereby shall individually grant Progress Energy distribution easements, the location and terms of which are acceptable to Progress Energy. Collectively, Progress Energy's easement rights shall encompass the property described herein. This vacation ordinance shall be null and void if this condition is not met within forty-five (45) calendar days from the adoption of this ordinance. IE�ii�:�/ Ordinance No. 8383-13 Attachment number 1 \nPage 2 Section 2. The City Clerk shall record this ordinance in the public records of Pinellas County, Florida, following adoption. Section 3. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretokos Mayor Approved as to form: Attest: Camilo A. Soto Rosemarie Call Assistant City Attorney City Clerk Item # 7 Ordinance No. 8383-13 Sca/e 1 " = 100' This is not a su�vey Lot 15 Lot 14 Lot 13 ELYSIUM - PHASE 1 Plat Book 93, Page 45 Lot 6 / Lot 4 Legal Description Lot 5 \ EXHIBIT "A" 33/11 UNION STREET A Right-of-Way vacation described as follows: Attachment number 2 \nPage 1 _,��illll��lllli��.. . - The 40' platted right-of-way, abutting and lying East of Lots 4, 5, 6, 14, 15, 16, 17 and 18, dedicated and described in the plat titled 'Blysium - Phase 1" as recorded in Plat Book 93, Pages 41-46, Pinellas County Public Records, Florida. Attachment number 3 \nPage 1 � C�earwater �. Prepared by: Engineering Department Geographic Technology Division 100 S. Myrtle Ave, qearwater, PL 33756 Ph:(727)562-4750,Fax:(727)526-4755 www.Myqearwater.com RIGHT OF WAY VACATION LANDMARK DRIVE Ord. No. 8383-13 Map Gen By: MBK Reviewed By: Date: 2/14/2013 Grid #: 2446 S-T-R: 32-28s-16e N W E 1'f 7 S Scale: N.T.S. Path: V:\GIS\Engineering\Location Maps\RightotWayVacationLandmarkDr.mxd City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:3/6/2013 Adopt Ordinance 8368-13 on second reading, amending the Comprehensive Plan of the city in accordance with Section 1633177, Florida Statutes, to update provisions related to potable water and natural ground water aquifer recharge needs. SUMMARY: Review Approval: Cover Memo ��Il�:�ij Attachment number 1 \nPage 1 ORDINANCE NO. 8368-13 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, MAKING AMENDMENTS TO THE COMPREHENSIVE PLAN OF THE CITY BY AMENDING THE UTILITIES ELEMENT IN ACCORDANCE WITH SECTION 163.3177, FLORIDA STATUTES, TO UPDATE PROVISIONS RELATED TO POTABLE WATER AND NATURAL GROUND WATER AQUIFER RECHARGE NEEDS BASED ON THE CITY OF CLEARWATER'S 2012 POTABLE WATER SUPPLY FACILITIES MASTER PLAN UPDATE, COMPLETED IN ACCORDANCE WITH THE 2010 SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT'S REGIONAL WATER SUPPLY PLAN; BY REPLACING MAP #D-2 WITH AN UPDATED VERSION; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE; WHEREAS the Local Government Comprehensive Planning and Land Development Regulation Act of Florida empowers and requires the City Council of the City of Clearwater to plan for the future development and growth of the City, and to adopt and periodically amend the Comprehensive Plan, including elements and portions thereof; and WHEREAS, Section 163.3177, Florida Statutes, requires coordination of the local comprehensive plan with the water management district's regional water supply plans; and WHEREAS, the City's water supply work plan must be updated every five years within 18 months after the governing board of a water management district approves an updated regional water supply plan; and WHEREAS, on July 26, 2011, the Governing Board for the Southwest Florida Water Management District approved the 2010 Regional Water Supply Plan; and WHEREAS, the City has completed the 2012 Potable Water Supply Facilities Master Plan Update; and WHEREAS, the proposed amendments have been transmitted to the Florida Department of Economic Opportunity (DEO) for review and comments, and the objections, recommendations and comments received from the Florida Department of Economic Opportunity have been considered by the City Council, together with all comments from local regional agencies and other persons, in preparing the final draft of the amendments; and WHEREAS, the City Council finds it necessary, desirable and proper to adopt the amendments to the objectives and policies of the Comprehensive Plan in order to reflect changing conditions; now, therefore, I[�'ii�:�:3 Ordinance No. 8368-13 Attachment number 1 \nPage 2 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. That the Introduction to the Utilities Element of the Clearwater Comprehensive Plan, pages D-3 and D-4, is hereby amended to read as follows: ***** Potable Water and Natural Ground Water Aquifer Recharge Needs • Clearwater has maintained an interlocal agreement with Pinellas County since 1955 with approximately fifty-five percent (55%) �n +��-R"r °�°rnoni �a�zo� � of its water supply emanating from the County. The City also maintains a water use permit issued through the Southwest Florida Water Management District (SWFWMD) to pump an average of 14.3 � million gallons daily (MGD) from its forty-six n�nrm�ccccrnr active wellheads. In 2011��, the actual average pumpage from the City's wells was approximately 5 MGD. The balance of the City's water demand is met through purchase from Pinellas County. In order to meet the city's future potable water supply needs in a fiscally responsible manner, several alternative actions must be explored and initiated both individually or in combination with other water supply source alternatives. The City's Water Supply Plan - Capital Improvements Implementation Master Plan (Oct 2004) as updated in 2008 and 2012 includes projects based upon cost- benefit analysis that will enable the City to increase its local production of potable water to ten (10) MGD by 2015. • Conservation of potable water supplies is of paramount importance to the City. Clearwater will continue to support Pinellas County and participate in the immediate action to provide for new potable water supplies at a reasonable cost. • Clearwater must continue to utilize and provide efficient use of reclaimed water for irrigation purposes for both public and private use. Furthermore, it must constantly evaluate its approach to the desalination of marine water using reverse osmosis technology to provide a form of potable water backup for periods of drought, and when natural groundwater levels drop to critically low levels. • Clearwater shall regional/and or strategies. continue to explore and participate proportionately in the County desalination and/ or reverse osmosis alternative • The City needs to continue to recognize potable water as a scarce resource and to continue to operate the water utility prudently in implementing both conservation and consumption objectives. The current water consumption rate is approximately ninety (90) e�° "� �niJroiJ �� nn� gallons/person/day, which includes both the seasonal and permanent population of Clearwater and is inclusive of both City produced water and County purchased water. • The City needs to continue to coordinate with SWFWMD in the study to determine surficial groundwater direction and flow at various depths. 2 Ordinance No.�8��3 Attachment number 1 \nPage 3 Groundwater data will continue to be needed to determine future well sites and conditions of subsurface transmissivity. This data will be an important tool for management of Clearwater's wellhead operation to determine the City's ability to continue to provide future water supplies. • The City, in conjunction with the City's Water Use Permit, needs to continue to develop an ultimate well field management plan, including well configurations, pumping schedules, water quality monitoring and mitigation plans. This is needed to assure the continued supply of well withdrawal in accordance with the City's water use permit. • The City needs to continue to implement the recommendations from the Alligator Creek study. • The City needs to continue with its public education program to make the public aware of the value of reclaimed water use. Section 2. That Objective D.5.2 of the Clearwater Comprehensive Plan and its policies, pages D-15 and D-16, are hereby amended to read as follows: D.5.2 Objective - Provide adequate quantity and quality of water service to all customers of the Clearwater service area. Current service level (October, 2012 d�j�2A��) is 41,973 4.A�A customer accounts (potable, reclaimed and fire). Policies D.5.2.1 Ensure that land development regulations, building codes and City ordinances adequately address water system provisions by performing a thorough evaluation of City codes and by coordinating proposed provisions with the Southwest Florida Water Management District, Tampa Bay Water, Pinellas County, and the Florida Department of Environmental Protection. D.5.2.2 Engineering shall analyze the condition and adequacy of any water distribution system that the City may inherit through annexation and prepare cost estimates for upgrading those systems to meet City requirements. D.5.2.3 When new subdivisions are being developed, it shall be the responsibility of the developer to provide internal potable water and reclaimed water systems which are constructed to City specifications. D.5.2.4 Continue to construct water system improvements which will provide adequate quantity, pressure, and duration of fire flows while meeting system user needs. D.5.2.5 Continue to develop a system and construct improvements which will conserve energy, water, and other valuable resources. D.5.2.6 The City shall continue to participate with and assist the Southwest Florida Water Management District, Tampa Bay Water, Pinellas County Health Department, and the U.S. Environmental Protection Agency in developing innovative techniques to augment existing water supplies to provide for future needs. t R 3 Ordinance No.�8��3 Attachment number 1 \nPage 4 D.5.2.7 Continue to identify, acquire, and develop sources of water supply and methods of water treatment to meet existing and future needs. Some ways this can be accomplished are through well rehabilitation projects and/or exploration and drilling of new wells. Some type of water treatment may be initiated. Additional volumes of water may be acquired from the Pinellas County Water System through Clearwater's intergovernmental water service agreement. The City's long range Water Master Plan updated in 2012 �99�shall serve as the guiding document for water supply and treatment methods. D.5.2.8 Ensure that water management projects are designed and operated to maintain and enhance natural systems as well as manmade systems by working closely with the Southwest Florida Water Management District when proposing new projects and water management programs. The City's long range Water Master Plan outlines a work plan for continued coordination with the Southwest Florida Water Management District's Regional Water Supply Plan adopted in JUIy 2O� � n°nomhor �nna D.5.2.9 Water service shall not be extended to properties outside the City's service area unless sufficient capacity and quality of water exists to serve the areas already committed to City service. D.5.2.10 Water services shall not be extended except in those areas so designated for City of Clearwater by interlocal or other agreement. D.5.2.11 Encourage the development of local and regional water supplies within the jurisdiction of the Southwest Florida Water Management to avoid transporting surface water across other district boundaries. Section 3. That Policy D.5.5.1 of the Clearwater Comprehensive Plan, page D-17, is hereby amended to read as follows: ***** Policies D.5.5.1 Except for areas of the City where reclaimed water is available, shallow wells shall be recognized as a source of water for irrigation purposes. The City shall continue to require �°+�Ta City permit for shallow well installation h�� on� „f �nnsz ***** 4 Ordinance No.�8��3 �� Section 4. That Map D-2 of the Clearwater Comprehensive Plan is hereby replaced with the updated map below: Potable Water Wells and Wellhead Protection Zones Map #: D-2 Date: 10/08I2012 Source: qearwa[erEngineeringDeptlOdZf112 Leqend � IN SERVICE WELL c� PROPOSED PRODUCTION WELL �'� Wellhead Protection Zone(1000' Buffer) ,.,; Clearwater Planning Area �t' Outside Cleanvater City Limits z Clear�vater,00=emv�e ;F�33z, �..--..:-�_�..-��—�. Pn �,�,,,s�a,so. Fa. ,,=,;,�sd„s � .� ��ea�a e. �om e�4 ann muat be auc�epten arire �see br �� ekecpien� w��i nie�n 5 Ordinance No. 8368-13 D v � s m � � � s � 5 � v � � � Attachment number 1 \nPage 6 Section 5. Should any part or provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the Ordinance as a whole, or any part thereof other than the part declared to be invalid. Section 6. This ordinance shall become effective when the Department of Economic Opportunity issues a final order determining the adopted amendment to be in compliance, or the Administration Commission issues a final order determining the adopted amendments to be in compliance, in accordance with Section 163.3184, F.S., as amended. PASSED ON FIRST READING AS AMENDED PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Attest: Leslie Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk 6 Ordinance No.�8��3 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:3/6/2013 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. SUMMARY: Review Approval: Cover Memo ��11�:�%� Attachment number 1 \nPage 1 ORDINANCE NO. 8371-13 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA MAKING AMENDMENT TO THE COMMUNITY DEVELOPMENT CODE BY AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, DIVISION 9, GENERAL APPLICABILITY STANDARDS, SECTION 3-908, PERMITTED ENCROACHMENTS INTO SETBACKS AND OVER STREET RIGHTS-OF-WAY, TO ALLOW FOR BALCONY ENCROACHMENTS IN THE DOWNTOWN (D) DISTRICT FOR INDOOR RECREATION/ENTERTAINMENT USES; AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, DIVISION 18, SIGNS, SECTION 3-808, COMPREHENSIVE SIGN PROGRAM, TO CORRECTLY STATE THE FREESTANDING SIGN CALCULATION METHOD FOR THE COMPREHENSIVE SIGN PROGRAM; AMENDING ARTICLE 6, NONCONFORMING PROVISIONS, SECTION 6-106, NONCONFORMING LOTS, TO ADDRESS ILLEGALLY CREATED NONCONFORMING LOTS; AMENDING APPENDIX A, SCHEDULE OF FEES, RATES AND CHARGES, V., BUILDINGS AND BUILDING REGULATIONS, TO ALLOW FOR A 33-PERCENT REDUCTION IN PLANS REVIEW FEES FOR PROJECT USING A PRIVATE PLAN REVIEW PROVIDER; AND MAKING AN AMENDMENT TO THE CODE OF ORDINANCES BY AMENDING PART II — CODE OF ORDINANCES, CHAPTER 2- ADMINISTRATION, ARTICLE III — APPOINTED AUTHORITIES, BOARDS, COMMITTEES, DIVISION 1— GENERALLY, SEC. 2.066 — ATTENDANCE BY MEMBERS AT MEETINGS, TO EXCLUDE MILITARY RELATED COMMITMENTS FROM BEING CONSIDERED EXCESSIVE ABSENCES; CERTIFYING CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN AND PROPER ADVERTISEMENT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater adopted a new Community Development Code on January 21, 1999 which was effective on March 8, 1999, and WHEREAS, since the effective date of the new Community Development Code, the City of Clearwater has reviewed numerous development proposals in all of the new zoning districts in all parts of the City that utilize the Minimum Standard, Flexible Standard and Flexible levels of review, and WHEREAS, the prior adopted Ordinance No. 8343-12 included an incorrect reference to a calculation method, and WHEREAS, the City of Clearwater desires for the Community Development Code to function effectively and equitably throughout the City, and WHEREAS, the City of Clearwater has determined where the Community Development Code needs clarification and revision, now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: I[�'ii�:�'7 Attachment number 1 \nPage 2 Section 1. That Article 3, Development Standards, Division 9, General Applicability Standards, Section 3-908, Permitted encroachments into setbacks and over street rights-of- way, Community Development Code, be, and the same is hereby amended to read as follows: Section 3-908. Permitted encroachments into setbacks and over street rights-of-way. Certain building and other projections shall be permitted to extend into setback areas and may be permitted to encroach over street rights-of-way as follows: A. Building projections which are affixed solely to the building and not directly affixed to the ground such as building fascias, roof overhangs, eaves, canopies other than freestanding canopies, awnings, marquees, and other similar projections, shall be permitted to project into required setbacks as specified below. 1. In the Tourist, Commercial and Downtown Districts, such projections shall be limited to ten feet and shall be permitted into any required setback and over street rights-of-way provided a clearance of eight feet over grade is maintained. In no case shall such projection be closer than five feet from the curbline or the � C � shoulder of the roadway. Any awning with supports may be located up to the property line and any awning that projects into a right-of-way shall be cantilevered. 2. In all other districts, such projects shall be limited to 40 percent of the setback or ten feet, whichever is less. The roof fascia of a freestanding canopy shall be set back a minimum of ten feet from a street right-of-way boundary and any side and rear property line. The supporting posts or columns of a freestanding canopy shall not encroach into required structural setbacks. No part of a freestanding canopy shall encroach into or over a street right-of-way. Open or unenclosed fire escapes and outside stairways shall be permitted to extend into a required setback area not more than three feet provided through access is not obstructed. , , , nn4 nhc4n in4or! 1. Balconies, decks, bay windows, and similar features that linearly extend 50 percent or less of the width of the buildinq wall to which thev are attached shall be permitted to extend into a required setback area not more than 24 inches provided throuqh access is not obstructed. 2. In the Downtown District, when associated with an Indoor Recreation/Entertainment use that has a minimum of 650 seats, balconies shall be permitted to encroach into riqhts-of-way provided a clearance of eiqht feet over qrade is maintained. In no case shall such encroachment be closer than two feet from the curbline or the shoulder of the roadwav. Section 2. That Article 3, Development Standards, Division 18, Signs, Section 3-808, Comprehensive Sign Program, Community Development Code, be, and the same is hereby amended to read as follows: Section 3-1808. Comprehensive sign program. �� C. Flexibility criteria. �� Ordinance No. 8371-13 Item # 9 Page 2 Attachment number 1 \nPage 3 4. Height, area, number and location of signs. The height, area, number and location of signs permitted through the Comprehensive Sign Program shall be determined by the Community Development Coordinator based on the following criteria: overall size of site, relationship between the building setback and sign location, frontage, access and visibility to the site, intended traffic circulation pattern, hierarchy of signage, scale and use of the project, consistency with Beach by Design, Clearwater powntown Redevelopment Plan or any other applicable special area plan and submittal of a master sign plan for the development parcel/project. Additionally, the maximum permitted sign area shall be based on the following formula when evaluated against the above criteria: a. Attached signs — The maximum area permitted for attached signage shall range from one percent up to a maximum of six percent of the building facade to which the sign is to be attached. In no event shall the size of an attached sign exceed two hundred square feet. For regional malls, the maximum size of any attached sign that is otherwise allowed shall not exceed six percent of the building facade facing the street, but in no case more than three hundred square feet. b. Freestanding signs — The maximum permitted area of all freestanding signs on a site shall not exceed the range of sign area permitted by the street frontage or building facade calculation methods set forth �� n 'I S2(17 R'I n i �nr! ;;. below: i. One square foot per two linear feet of street frontaqe; or ii. One square foot per 100 square feet of buildinq facade facinq street frontaqe. �� Section 3. That Article 6, Nonconforming Provisions, Section 6-106, Nonconforming Lots, Community Development Code, be, and the same is hereby amended to read as follows: A. No principal use or structure shall be established on a lot of record unless the lot conforms to the lot area and lot width requirements in this Development Code for the zoning district in which it is located, except in accordance with the provisions of this section. B. A principal use or structure may be established on a residential lot of record that was legally in existence prior to March 8, 1999 even though the lot is nonconforming with the lot area and lot width requirements in this Development Code for the zoning district in which it is located, provided that a Level One (minimum standard) approval is obtained. A Level One (flexible standard) approval shall be required only if required setbacks cannot be met. The applicant for a Level One (flexible standard) approval shall demonstrate the following: 1. The lot was a lawfully created lot. If the lot was created before 1982, then it is automatically considered to be lawful. If the lot was created after 1982, to be a lawfully created lot, it must have been created by an approved plat in accordance with the City Code; and 2. Upon adoption of this Development Code, the lot is not held in common ownership with any abutting land which, in combination with the lot in question, would create a building site meeting the lot area and lot width requirements of the zoning district; or Item # 9 Ordinance No. 8371-13 Page 3 Attachment number 1 \nPage 4 3. The lot has not been previously developed in combination with an adjacent lot; and 4. If the lot is proposed for a detached dwelling, the dwelling is developed in conformity with the other development standards of the zoning district in which it is located. C. No permit shall be issued for anv unlawfullv created lot. D. Except in the instance that a Level One or Level Two approval is obtained prior, no nonconforminq lot may be subdivided, and no conforminq lot may be subdivided in such a manner that renders it, or any structures thereon, nonconforminq to the requirements in this Development Code for the zoninq district in which it is located and anv such subdivision shall constitute a violation of this Development Code. Section 4. That Appendix A, Schedule of Fees, Rates and Charges, V., Buildings and Building Regulations, Community Development Code, be, and the same is hereby amended to read as follows: V. BUILDINGS AND BUILDING REGULATIONS (§ 47.087): Permit fees and charges: (1) Permits and fees and charges, in general; exceptions: (a) Permits are generally not required for carpeting, painting, wallpapering, paneling over existing walls, and tile, nor where the valuation of labor, materials, and all other items does not exceed $500.00 and the work or operation is of casual, minor, inconsequential nature, and does not violate any city codes or ordinances, or is exempt pursuant to Chapter 75-489, Laws of Florida (Special Acts), Section 25. (b) Valuations for all construction shall be based on the contract value. The current Southern Building Code Congress International's valuation tables may be used if no contract is submitted with the permit application. (c) Plans review fees will be reduced bv 33 percent for those proiects usinq a private provider of plan review services, pursuant to Florida Statutes, to review the Buildinq, Plumbinq, Mechanical and Electrical trades. (sd) Where no permit fee is stated, the same shall not be interpreted as an intention to waive any requirement for a permit or fees for a permit that may be stated elsewhere in the city's Code of Ordinances. (�e) Prior to starting any electrical, gas, plumbing, mechanical, roofing or other work under a combination permit, the contractor or the subcontractor engaged to do the work shall file with the Planning and Development Services Administration a form showing the name and certification number of the subcontractor, the subcontractor's occupational license number, the combination permit number, the job address, and other related information as may be required by the Planning and Development Services Administration. Failure to file such form or provide such information shall be cause for the refusal of inspection services, and the issuance of a correction notice with the appropriate fee. �� Section 5. That Code Of Ordinances, Part II — Code of Ordinances, Chapter 2- Administration, Article III — Appointed Authorities, Boards, Committees, Division 1— Generally, Item # 9 Ordinance No. 8371-13 Page 4 Attachment number 1 \nPage 5 Sec. 2.066 — Attendance by Members at Meetings, be, and the same is hereby amended to read as follows: Sec. 2.066. - Attendance by members at meetings. (1) Except as may otherwise be provided by law, or when due to military related �2) commitments, a member of any board may be removed by the city manager for excessive absences. "Excessive absences" shall mean: (a) For a board which meets monthly on a regular basis, more than four absences, excused or unexcused, in any consecutive 12-month period. (b) For a board which meets less often than monthly on a regular basis, more than three absences, excused or unexcused, in any consecutive 12-month period. (c) For a board which meets more often than monthly on a regular basis, more than five absences, excused or unexcused, in any consecutive 12-month period. (d) For a board which meets quarterly on a regular basis, more than one absence, excused or unexcused, in any consecutive 12-month period. The staff liaison for each board shall notify the city clerk of any board member having a record of excessive absences. The city clerk will notify the city manager and request direction regarding the removal of such board member. Section 6. Amendments to the Community Development Code of the City of Clearwater (as originally adopted by Ordinance No. 6348-99 and subsequently amended) are hereby adopted to read as set forth in this Ordinance. Section 7. The City of Clearwater does hereby certify that the amendments contained herein, as well as the provisions of this Ordinance, are consistent with and in conformance with the City's Comprehensive Plan. Section 8. Should any part or provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the Ordinance as a whole, or any part thereof other than the part declared to be invalid. Section 9. Notice of the proposed enactment of this Ordinance has been properly advertised in a newspaper of general circulation in accordance with applicable law. Section 10. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Ordinance No. 8371-13 George N. Cretekos Mayor Attest: Rosemarie Call City Clerk Item # 9 Page 5 City Council Agenda Council Chambers - City Hall Meeting Date:3/6/2013 SUBJECT / RECOMMENDATION: 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 off'ice address is 1990 Sunset Point Road); and pass Ordinance 8374-13 on second reading. (ANX2012-12006) SUMMARY: 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: 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. Review Approval: Cover Memo �[i�ii%�[I] a � m Q � � � � Q � � Q J � Q � Cn / �ak Bark Ct � , . : � ir I MONTCLAIR RADCLIFFE DR N � °' w � - J � � a�i � � � �, � � � U c`� ~ � � � � G-�ON � DR = Z = � � = Q Hali `��'� m � HASTWGS LN . � � � � GAYLE ~ m � G W � m �J W � Attachment number 1 \nPage 1 w° r � � o �m �� = 2 2 � �C m z B �, Sun Tree � °' Z � � � J �' SUN TREE � � SUNSET POINT RD .� � a a � a m� & �n� �� m�! am°,; Sunset Grove Ln PROJECT n°a SI TE °� � m�� , m� m�� _ �6, �mm �m�°n � ��°� �m° � n n � n n � n n �°n� �� nm�m m m m m m mnm�m m m m m mnm�m m a m m m mnm�mm� �mm & & m°� � n �m�mm ��l�k 6C?°m 6 m� mm m� � m BLVD mm�&��m°m&a° mma m��mm °� n m a n m m m �� mmm��m ° nmmm� m i �°�mmm n °m� �°mm& mm° m� m�mnm m n m�mn ° �� °°�mm°°�°m°mm �� E°mmm�&°m� � �� nm .� m��m�� a�.�m�.�°� ��°�� ..... .��.m . _� mn m_--- m ma LOCAT►ON MAP Owner: Pinellas County Site: NW Corner of CR-576 (Sunset Point Rd.) & CR-425 (Hercules Ave.l From To: Land Use N/A (County) N/A (City) Zoning N/A (County) N/A (City) Case: R.O.W. Size (Acres): PIN: Atlas Page ANX2012-12006 [�IiT� 253A S:�Planning Department\C D B\Annexations (ANX)�Active Cases\Sunset Point Rd ROW near 1990 ANX2012-12006 - City�c}�'m # � � Clearwater\Maps�ANX20 12-1 2006 Location.doc Attachment number 1 \nPage 2 AERIAL PHOTOGRAPH Owner: Pinellas County Case: ANX2012-12006 Site: NW Corner of CR-576 (Sunset Point Rd.) & R.O.W. Size 0.042 CR-425 (Hercules Ave.l (Acresl: Land Use Zoning 71�� From : N/A (County) N/A (County) To: N/A (City) N/A (City) I Atlas Page: ( 253A S:�Planning Department\C D B\Annexations (ANX)�Active Cases\Sunset Point Rd ROW near 1990 ANX2012-12006 - City�c}�'m # � � Clearwater\Maps�ANX20 12-1 2006 Aerial.doc Attachment number 1 \nPage 3 Owner: Site: From PROPOSED ANNEXAT►ON MAP Pinellas County NW Corner of CR-576 (Sunset Point Rd.) & CR-425 (Hercules Ave.l Land Use N/A (County) Zoning N/A (County) To: N/A (City) N/A (City) Case: R.O.W. Size (Acres): PIN: Atlas Page ANX2012-12006 [�IiT� 253A S:�Planning Department\C D B\Annexations (ANX)�Active Cases\Sunset Point Rd ROW near 1990 ANX2012-12006 - City�c}�'m # � � Clearwater\Maps�ANX20 12-1 2006 Proposed Annexation.doc Attachment number 1 \nPage 4 FUTURE LA ND USE MA P Owner: Pinellas County Case: ANX2012-12006 Site: NW Corner of CR-576 (Sunset Point Rd.) & R.O.W. Size 0.042 CR-425 (Hercules Ave.l (Acresl: Land Use Zoning 71�� From : N/A (County) N/A (County) To: N/A (City) N/A (City) I Atlas Page: ( 253A S:�Planning Department\C D B\Annexations (ANX)�Active Cases\Sunset Point Rd ROW near 1990 ANX2012-12006 - City�c}�'m # � � Clearwater\Maps�ANX20 12-1 2006Future Land Use.doc Attachment number 1 \nPage 5 S:�Planning Department\C D B\Annexations (ANX)�Active Cases\Sunset Point Rd ROW near 1990 ANX2012-12006 - City�c}�'m # � � Clearwater\Maps�ANX20 1 2-1 2006 Zoning.doc Attachment number 1 \nPage 6 S:�Planning Department\C D B\Annexations (ANX)�Active Cases\Sunset Point Rd ROW near 1990 ANX2012-12006 - City�c}�'m # � � Clearwater\Maps�ANX2012-12006 Existing Surrounding Uses.doc View looking North at Sunset Point Road right-of-way, abutting 1990 Sunset Point Rd. View looking Northwesterly at intersection of Sunset Point Road and Hercules Avenue Attachment number 1 \nPage 7 View looking West at Hercules Avenue right-of-way ANX2012-12006 City of Clearwater Item # 10 Right-of-Way Abutting 1990 Sunset Point Rd. City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:3/6/2013 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) SUMMARY: 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 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. Type: Capital expenditure Current Year Budget?: Yes Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Appropriation Code 315-96377 Bid Required?: Other Bid / Contract: 1,640,300 1,640,300 10/ 1/2012 to 9/3 0/2013 Amount 1,640,300 Yes Budget Adjustment: Annual Operating Cost: Total Cost: None 1,640,300 1,640,300 Appropriation Comment Pinellas New Mains and Service Lines Bid Number: Bid Exceptions: 10-12 None Cover Memo Review Approval: Item # 11 17WRIDA OAS CONIRACTORS February 14, 2013 Clearwater Gas System 400 North Myrtle Avenue Clearwater FL 33755 � � Attn: Brian Langille, PE, CEM, Operations Manager — Supply & Distribution � Mike Deegan, CGS Operations Coordinator � � Dear Mr. Langilte & Mr. Deegan, This letter is to advise you that we wish to extend our contract #10-12, Replacement of Antiquated Gas Main, Service Lines, Gas Meters and Piping Connections to Customer House Piping and Reestablishment of Gas Service at Various Locations, for another year. We are aware that the contract extension would begin April 1, 2013 and cont�nue through March 31, 2014. With this reques� for extension, we agree to roll over our bid and hold the current prices for the duration of this extension. Upon receipt of your acceptance of this request, we will furnish a Performance/Payment Bond in the amount of $492,090.00 and a Certificate of Insurance for the City of Clearwater. If you need anything further from us, please let us know. Thank you, incerely, :David L. R yan Vice President DLR/mp P. O. Box 280 • Dade City FL 33526-0280 Office: 813•996•0019 • Fax: 813•996-2919 City Council Agenda Council Chambers - City Hall Meeting Date:3/6/2013 SUBJECT / RECOMMENDATION: Approve temporary abatement of simulated computer gaming devices and pass Ordinance 8386-13 on �rst reading. SUMMARY: 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 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. Review Approval: Cover Memo ��11�:�� Attachment number 1 \nPage 1 ORDINANCE NO. 8386 -13 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, IMPOSING A TEMPORARY ABATEMENT ON THE OPERATION AND USE OF SIMULATED GAMING DEVICES FOR THE USE BY THE PUBLIC IN ANY PREMISES; PROVIDING FOR DEFINITIONS; PROVIDING FOR A SIX MONTH TEMPORARY ABATEMENT; PROVIDING FOR EXEMPTIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR ENFORCEMENT; PROVIDING AN EFFECTIVE DATE. WHEREAS, 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; and WHEREAS, Section 849.16, Florida Statutes, does not clearly define whether simulated gaming devices are in fact a"slot machine"; and WHEREAS, 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; and WHEREAS, the Clearwater City Council desiring to protect individual rights, while at the same time affording opportunity for the fulle: promoting the health, safety, and welfare of th� economically disadvantaged, and the children in the of Clearwater has a compelling interest in protecting economically disadvantaged, and children from cer result in irreparable harm, including the unregulated simulated gaming devices; and ;t development of the individual and � people, including the elderly, the City of Clearwater, finds that the City its citizens, and in particular its elderly, tain activities and influences that can growth of establishments that provide WHEREAS, 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; and WHEREAS, the Clearwater City Council finds it necessary for the promotion of the public safety and welfare that this ordinance be enacted; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLO RI DA: Item # 12 Ordinance No. 8386-13 Attachment number 1 \nPage 2 Section 1. The following definitions govern the provisions of this Ordinance: Simulated Gaming Device: Any electronic or mechanical device provided by or on behalf of the Operation that is used or adapted for use to conduct and/or reveal the results of a drawing conducted in connection with the sale of a consumer product or service, sweepstakes or game promotions that display results by simulating a game or games ordinarily played on a slot machine. Operation: Any person in whose name a drawing by chance conducted in connection with the sale of a consumer product or service, sweepstakes, or game promotion that utilized simulated gaming device or premises in which a simulated gaming device is conducted. Premises: The house, building, edifice, or location, along with its grounds, in or upon which the operator conducts drawings by chance conducted in connection with the sale of a consumer product or service, sweepstakes or game promotions using simulated gaming device. Slot machine: Any mechanical or electrical contrivance, terminal that may or may not be capable of downloading slot games from a central server system, machine, or other device that, upon insertion of a coin, bill, ticket, token, or similar object or upon payment of any monetary consideration whatsoever, including the use of any electronic payment system, is available to play or operate, the play or operation of which, including any element of chance, may deliver or entitle the person or persons playing or operating the contrivance, terminal, machine, or other device to receive cash, billets, tickets, tokens, or electronic credits to be exchanged for cash or to receive merchandise or anything of value whatsoever, whether the payoff is made automatically from the machine or manually. Slots machines may use spinning reels, video displays, cathode ray tubes, microprocessors or other similar technology, and have as their object, the presentation or lining up , arrangement, orjuxtaposition of symbols, alphanumeric signs, colors, or figures to determine a result or outcome. To the extent not defined in this section, the definitions utilized in Section 849.0935 and Section 849.094, Florida Statutes, shall be applicable to all terms used in this Ordinance. Section 2. That the City of Clearwater hereby adopts a temporary abatement upon the operation and use of simulated gaming devices in premises within the City of Clearwater from this date forward, remaining in effect for six (6) months, which is the estimated time to complete the process of enacting necessary regulatory or non- regulatory measures providing the appropriate operation and use of simulated gaming devices and implementing the same. The interests of the citizens of the City of Clearwater will be better served if the operation and use of simulated gaming devices is adequately regulated. This would ensure a limitation of the unregulated expansion of the operation and use of simulated gaming devices within the City of Clearwater. Item # 12 2 Ordinance No. 8386-13 Attachment number 1 \nPage 3 Section 3. Exemptions: (a) This Ordinance does not prohibit the personal and recreational ownership, possession, play, operation, or use of a device which could be construed to be a simulated gaming device, provided such ownership, possession, play, operation, or use does not constitute a lottery under Article X, Section 7 of the Florida Constitution. (b) This Ordinance does not prohibit the ownership, possession, play, operation, or use of a computer, video display, or the Internet in a retail business setting providing such ownership, possession, play, operation, or use is not a pretext or sham for using such devices as simulating gaming devices. (c) This ordinance is specifically not intended to regulate in any manner the following businesses located in the City of Clearwater, which are currently regulated by federal, state statute, and/or local ordinance: (1) Any properly authorized bingo game establishment; (2) Any properly authorized arcade amusement center, amusement; machines, and truck stop arcades operated pursuant to Section 849.161, Florid Statutes; (3) Any premises that currently operates and uses simulated gaming devices so long as such activity is a legally allowable use per City of Clearwater Code of Ordinances and the premises is otherwise in compliance with all applicable regulations. Section 4. That the proper officers and employees of the City are hereby authorized to do all things necessary and proper to carry out the provisions of this Ordinance. Section 5. That this Ordinance is enforceable in any manner provided for in City of Clearwater Code of Ordinances and Florida law. Section 6. That this Ordinance shall take effect immediately upon becoming a law and shall be in effect for six (6) months thereafter. Section 7. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Item # 12 3 Ordinance No. 8386-13 Attachment number 1 \nPage 4 George N. Cretekos Mayor Approved as to form: Attest: Robert J. Surette Rosemarie Call Assistant City Attorney City Clerk Item # 12 4 Ordinance No. 8386-13 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: City Manager Verbal Reports SUMMARY: Review Approval: Meeting Date:3/6/2013 Cover Memo ��II�:�K� City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Clearwater Marine Aquarium Presentation - Frank L. Dame, CMA Exec VP/COO SUMMARY: Review Approval: Meeting Date:3/6/2013 Cover Memo ��11�:�� Attachment number 1 \nPage 1 The Economic Impact of Dolphin Tale On the St. Petersburg/Clearwater local economy August, 2012 Conducted by the University of South Florida St. Petersburg College of Business in collaboration with Clearwater Marine Aquarium 0 Produced by Maria Luisa Corton & Maling Ebrahimpour- College of Business - USFSP in collaboration with Clearwater Mariht�m #�� 4 Aquarium Attachment number 1 \nPage 2 EXECUTIVE SUMMARY This study presents an estimation of the economic impact of film-induced tourism generated by the movie Dolphin Tale on the Clearwater/St. Petersburg economy. Dolphin Tale is a Warner Bros./Alcon Entertainment film, based on u real-life dolphin, "Winter, " who resides at Clearwater Marine Aquarium (CMA). Oscar winner Morgan Freeman and other popular movie stars are leading characters in this major motion picture released in 2 and 3-D. The film premiered domestically in September 2011 at about 5,500 theaters nationwide. Film-induced tourism is defined as "a tourist visits a destination or an attraction as a result of the destination being featured on television, videq DVD, or the cinema screen" (Hudson, Simon & Brent Ritchie J.R., 2006). Our research shows that film-induced tourism elements such as authenticity, location and social setting are present in Dolphin Tale, making the movie an important determinant of growing tourism in the local area, with the subsequent economic impact in the regional economy. To determine the economic impact of film-induced tourism, two pieces of information are needed: number of visitors to CMA and their spending. We forecast the number of visitors to CMA using a fZexible forecast model based on visitors' data from 1999 to 2012. We compare this forecast to the visitors' growth pattern for induced-tourism found in the related literature. We explain the differences evidenced in this comparison by arguing that our forecast model is fitted for the particular characteristics of the Dolphin Tale movie, producing results that may be closer to reality even when our model mainly refZects organic growth, not including factors such as the magnitude of advertising expenditures. We use spending per visitor from the Clearwater/St. Petersburg tourism statistic, and RIMS II economic multipliers to estimate the total economic impact of movie-induced tourism in the local economy. Our research shows that when eonsidering tourists to the St. Petersburg/Clearwater area, the Dolphin Tale movie is the driver of approximately 72.7% of visitors to CMA. The model foreeasts approximately eight hundred thousand visitors in 2013, growing to 2.3 million in 2016. These visitors will provide a total economic impact to the local economy of approximately ,$580 million in 2013, which increases to ,$1.7 billion in 2016. This stucly eould not have been possible without the valuable information, time and attention provided by David Yates, CEO of Clearwater Marine Aquarium. We gratefully aeknowledge the Clearwater Marine Aquarium Board of Directors for providing the historical data on visitors. We would like to express our gratitude to Alex Zirbel and Miehael Carter, both students at the Master of Business Administration Program at USFSP, for their valuable eontributions to an early version of this study. All errors and omissions are ours. Maria Luisa Corton Maling Ebrahimpour Assistant Professor of Economics Dean and Professor ofManagement College of Business, USFSP College of Business, USFSP 0 Produced by Maria Luisa Corton & Maling Ebrahimpour- College of Business - USFSP in collaboration with Clearwater Mariht�m #� 4 Aquarium Attachment number 1 \nPage 3 1. Introduction Clearwater Marine Aquarium (CMA) is a state of the art facility in Clearwater, Florida, having a history of marine animal rescue and rehabilitation since its foundation in 1972. In 2005, a baby dolphin that was caught in a crab trap line off the east coast of Florida, and rescued by a local fisherman, arrived at CMA. The baby dolphin, `Winter', called CMA home from that point forward as she went through an extensive recovery and rehabilitation process following the loss of her tail. Overcoming all odds to survive after her rescue, Winter is now an international hero as the only dolphin in the world who wears a prosthetic tail on a regular basis. In fa112010, Winter's unique story was released as Dolphin Tale, a Warner Bros. 2-D and 3-D major motion picture.i Dolphin Tale was premiered on approximately 5,500 US theaters, with a Print and Advertising budget of approximately $45 million in the U. S., and international promotion and advertisement budget of about $20 million. The film was expected to create an extensive local and global awareness, generating a positive impact on the Aquarium attendance, and ultimately on the Clearwater/St. Petersburg economy. This study presents an estimation of the economic impact of the Dolphin Tale movie-induced tourism in the Clearwater/St. Petersburg economy.� The term film-induced tourism, or film- tourism, is used in the tourism literature as "tourists visiting a destination or an attraction as a result of the destination being featured on television, video, DVD, or the cinema screen." Film- induced tourism is a complex subject including elements of sociology and psychology as well as industry related aspects of destination marketing and community development (Beeton 2005). Within this complexity, in this study we identify several unique factors in the Dolphin Tale movie that would positively impact the tourism in the Clearwater area, namely authenticity, physical place, and social setting elements. ' http:l/seewinter.coml - last visit: Feb 22, 2012 � Throughout the text we use the words `movie' and `film' interchangeably and also Clearwater and Clearwater/St. Petersburg interchangeably. 0 Produced by Maria Luisa Corton & Maling Ebrahimpour- College of Business - USFSP in collaboration with Clearwater Mariht�m # 3� 4 Aquarium Attachment number 1 \nPage 4 Tourism is a top industry in Florida, and within the state, the Clearwater/St. Petersburg area is identified as an important tourism cluster, which makes the measuring of the economic impact of the Dolphin Tale-induced tourism a challenging exercise. An estimated 97 million people visited Florida in 2010 from which, 84.85% were out-of-state and international visitors. These Florida visitors generated $62.7 billion in the State economy and 974,700 jobs. 3 Five percent of these tourists visited the St. Petersburg/Clearwater area translating into $3.1 billion expenditure in this cluster economy. Clearwater is a city highly visited by tourists due to its beautiful beaches and by being close to St. Petersburg the top medium size city destination for the arts in the nation. 4 Visitor dollars directly supports local hotels, restaurants, shops, attractions, and cultural institutions. It bolsters almost every segment of the area's economy and has a broad positive influence on government finances through tax and fee revenue collection. 5 Consequently, a key issue when determining the economic impact of the film-induced tourism was to understand the behavior of the influx of tourists to Clearwater/St. Petersburg area provided that visitors to CMA are actually a subset of these tourists. The contribution of this study is threefold. First, because the movie has been recently released, a pre and post impact analysis is precluded. Instead we `forecast' the number of visitors to CMA to calculate the economic impact of the movie-induced tourism in the local economy. Secondly, our forecast is based on a unique data set comprised of the actual monthly number of visitors to CMA from October 1999 to January 2012. Finally and most importantly, in our analysis we distinguish CMA visitors from Clearwater tourists so that the economic impact of the movie can be viewed as a new event bringing an inflow of economic activity rather than just a reallocation of economic resources. 3 http:l/www.visitflorida.orglam/vfcustom/annualreportlVF annualreport2010 125.html - Last visit Feb22,2012 4 Last visit Jan 13, 2012: http:l/www.americanstvle.com/2011/OS/top-25-mid-sized-cities-2l 5 http://www.pinellascvb.comistatistics/Pine11as2010AnnualReportpdf - Last visit Feb22, 2012. 0 Produced by Maria Luisa Corton & Maling Ebrahimpour- College of Business - USFSP in collaboration with Clearwater Mariht�m # 4� 4 Aquarium Attachment number 1 \nPage 5 2. Film-induced tourism Film-induced tourism is a complex subject as it includes elements of sociology and psychology as well as industry aspects related to destination marketing and community development. This complexity has led to a wide body of literature on film tourism, supporting the fact that there are elements in some films that influence the viewer's decision to return to the film production place, and this produces a positive impact on the number of visitors to the local area ultimately generating a positive effect in the local economy. Riley et aL (1998)6 present an analysis based on data of twelve movie locations with pre and post release quantifiable tourism statistics, and show that the span of the movie-induced tourism lasted for about four years with a decline afterwards. The set of movies selected, "...because their respective box office success and an identifiable location to which people could travel", was Dances with Wolves, Field of �Dreams, Thelma and Louise, Gettysburg, Close Encounters, Steel Magnolias, JFK, Last of the Mohicans, Fugitive, and Little Women. Data was collected for 10 years prior to the release and 5 after the release, and locations were classified in private and public attractions. The aggregated impact of these movies after their release show a 40% increase in visitation for public parks and 67% for private attractions, on average, when compared to a linear trend. The authors explain the difference between public and private attractions from the perspective of higher aggressiveness in promotion from the later type of attractions. The median increase for 6 private attractions sites after 5 years of movie release are 30%, 49%, 67%, 96%, and declining to 88% in the fifth year. These results are used as a reference scenario to our forecast model later in the study. But, what motivates tourists to travel back to the film location? Riley et aL (1998) point out that films create, by using storyline themes and exciting human relationships, links to the viewer that they would want to recreate through a visit to the location where they were filmed. Physical places and social settings seem to be key elements to understand tourists' sense of an authentic experience when returning to the film location. Yet, not all films attract tourism in the same way 6 Riley, Baker, Van Doren, (1998). "Movie induced tourism" Annals of Tourism Research, 25(4): 119-135. 0 Produced by Maria Luisa Corton & Maling Ebrahimpour- College of Business - USFSP in collaboration with Clearwater Mariht�m #�� 4 Aquarium Attachment number 1 \nPage 6 as there are important factors that must link viewers to the locations and/or attractions that they are being exposed to as they watch a film. According to Rewtrakunphaiboon, an expert in Tourism and a lecturer at the Bangkok University�, "the story line and site should be closely related in which the film involves the audience in an emotional experience." Moreover, the larger the length of the time exposure, the higher will be the familiarity, attachment and identification to the film location, which will then become the push factors for the audience to visit the site, people, experience and fantasies portrayed by the film. Table 1 provides a snapshot of many popular films that have led to movie-induced tourism over the past few decades. TABLE L IMPACT OF FILM ON VISITOR NUMBER Film Braveheart Captain Corelli's Mandolin Field of Dreams Location Wallace Monument, Scotland Cephalonia, Greece lowa Four Weddings and a Funeral The Crown Hotel, Amersham, England Harry Potter Mission Impossible 2 Notting Hill Pride and Prejudice Sense and Sensibility The Beach Troy Source: Hudson & Ritchie, 2006 Various locations in UK National Park, Sydney Kenwood House, England Lyme Park, England Saltram House, England Thailand Canakkale, Turkey Impact of visitor number 300% increase a year after release 50% increase 35,000 visits in 1991; steady increase every year Fully booked for at least 3 years Increase of 50% or more in all filmed locations 200% increase in 2000 10% increase in one month 150% increase 39% increase 22% increase in youth market in 2000 73% increase Lord of the Rings is a case studied by Buchmann et aL (2010) where in addition to emphasizing the complexity of film-induced tourism the authors highlight the role that authenticity plays in the "returning to the place" tourist experience. The authors' findings show the importance of being physically on location "...where reality and film can finally merge..." relating it directly to feelings of authenticity. The Tourism Bureau of New Zealand has been able to successfully capitalize on the global awareness of the Lord of the Rings franchise by displaying the film's information on its website and various marketing materials. Overall, there has been a 40% increase in national tourism in New Zealand since the release of the first Lord of the Rings film (Buchmann et aL (2010). � Rewtrakunphaiboon, Walaiporn. Film-induced Tourism: Inventing a T�acation to a L,ocation. Bangkok University: 2010. http://www.bu.aath/knowled�ecenter/e�aper/jan�une2009/pdf/Walaiporn.pd£ Last visit Sep 15 2011. 0 Produced by Maria Luisa Corton & Maling Ebrahimpour- College of Business - USFSP in collaboration with Clearwater Mariht�m #�� 4 Aquarium Attachment number 1 \nPage 7 The release of Close Encounters of the Third Kind had an important impact on tourism at Devil's Tower National Monument in Wyoming which increased by 75% over the following year with a 39% increase upon the 1980 TV release (Riley and Van Doren, 1992). 12 years after the movie's release, 20% of visitors indicated knowledge of Devil's Tower National Monument from watching the movie (Workman et al. 1990). The year following the release of J�K in 1992 the Dallas Book Depository saw a 42% increase in visitors (Riley et al, 1998). Despite of this rich empirical evidence, Rewtrakunphaiboon (2010) points out that many filming locations have not capitalized on film-induced tourism to the extent that they could have mainly because tourism organizations may be slow on employing marketing opportunities through films given a lack of knowledge on how to implement marketing strategies related to films. It seems that both CMA executives and the location authorities were well versed about the importance that Dolphin Tale would have in the local economy. The global Print and Advertising Budget for this film was estimated at $65 million (US & international combined) not including the free media exposure taking place. In analyzing the Dolphin Tale film-induced tourism, we found that elements of authenticity, physical place and social setting are the key factors having an impact on the amount of visitors to CMA as they display a clear link between the film's story and a real-life Dolphin/Aquarium. 3. Economic Multipliers With each new person that visits CMA there is an increase in economic spending in the Clearwater economy. In addition to the money being spent by visitors, jobs will be created to provide services to the increasing number of tourists coming to the area. In this study we utilize an inter-industry analysis, or an input-output methodology, to determine the economic impact caused by the release of Dolphin Tale in the local economy. The fundamentals of this type of study are to analyze the interdependence of industries in an economy through market based transactions. Its importance resides in providing information on the interrelationship in a regional economy and the impact of changes on that economy. 0 Produced by Maria Luisa Corton & Maling Ebrahimpour- College of Business - USFSP in collaboration with Clearwater Mariht�m #�� 4 Aquarium Attachment number 1 \nPage 8 The idea behind an economic impact analysis is to use the `velocity of money' concept to explain spending particularly in the case of large projects. The basis is to say that for every dollar spent on a proj ect more than one dollar of economic activity will result in a given area. If consumption and investment in the local economy increase, the economy output must go up. However, this calls for higher demand for material inputs so output goes up disproportionally compared to the consumption and investment increase. Thus, consumption and investment have a multiplier effect on output. In this study RIMS II multipliers (Regional Industrial Multiplier System II) are utilized.8 Multipliers vary by industry, geographic area and the size of the local economy. The smallest economic area for which RIMS II multipliers are calculated (and available) is a county, so in our case we use the multipliers for Pinellas County. Because there is not a specific RIMS II multiplier for the tourism industry, we assume it is plausible to define the Tourism Sector as comprised of several industries such as accommodation (hotels and motels), food services and drinking places and arts, entertainment and recreation (zoos and parks). Basically, we rely on the assumption that these industries are a good representation of the tourism sector when considered together. In terms of the RIMS II multipliers we use an average of the multipliers corresponding to these industries. 4. Tourists to Clearwater versus Visitors to CMA The critical aspect in calculating the economic impact of movie-induced tourism in the local economy is to distinguish the visitors that come to CMA because of the Dolphin Tale movie and those that come because of the usual local tourism activity. We want to find the movie economic impact as a net source of economic activity in the local area assuming that it is not taking other business away from the local economy. Because of the large variations present in the data for both tourists to Clearwater and Visitors to CMA, we apply a smooth data technique to assure that we may get a meaningful result when comparing the data sets. An inspection of the seasonal indexes obtained while smoothing out the data reveals the differences between the two sets of data for each month. For instance, Table 2 8 RIMS II w3s developed by the Bureau of Economic Analysis at Department of Commerce. 0 Produced by Maria Luisa Corton & Maling Ebrahimpour- College of Business - USFSP in collaboration with Clearwater Mariht�m #�� 4 Aquarium Attachment number 1 \nPage 9 shows April as a peak month in Clearwater/St. Petersburg hosting 60 to 80 thousand tourists on average each year. For CMA July is the peak month with 41% above average number of visitors. Table 2: Seasonal indexes for VISITORS and TOURISTS SeasonIndex January February March April May June July August September October November December Visitors 0.82 1.05 1.25 1.15 0.73 1.13 1.41 1.12 0.57 0.79 0.83 0.89 Tourists 0.65 0.74 1.22 1.56 0.72 1.09 1.23 0.95 0.57 1.05 0.82 1.15 We run a simple linear regression to find the `best' line predicting VISITORS from TOURISTS, which means the best way Tourists would explain Visitors to CMA. We found that 27.3% of the variability of VISITORS is explained by its linear relationship to TOURISTS. A way to interpret this result and our main assumption is that 72.7% of the variability of VISITORS is not explained by Clearwater Tourists but rather by Dolphin Tale. Obviously, this attraction of visitors is not only due to Winter but to the advertising effort put in place by CMA executives. 5. The Forecast Model A forecast is based in past performance of the data: we assume that the way visitors behave in the past will continue in the future. Yet, this is a strong assumption given the several events that may have influenced the number of visitors to CMA in the recent years, so the assumption is released in the model with the introduction of a dummy variable, called "MOVIE" which captures the different events related to the Dolphin Tale movie. We first smooth out the data and then we fit several functional forms to find our forecast model. We found the best fit using a time cubic functional form which includes a dummy variable to capture the growth spikes in a discrete way. The dummy variable takes value zero up to Oct/2006, and value one afterwards when Winter's story first began promotion. A value of two 0 Produced by Maria Luisa Corton & Maling Ebrahimpour- College of Business - USFSP in collaboration with Clearwater Mariht�m #�� 4 Aquarium Attachment number 1 \nPage 1i after September 2010 captures the time when the movie was produced. The forecast model is presented in Equation 1. V = a + yl'l +y21 � + y313 +�IMoviel'+�2Moviel�+�3Moviel3 (1) In equation 1, Vis the actual number of visitors, a is the intercept, the ys are the coefficients for time, and the �s are the coefficients for the interacted movie and time. The sub index for each month is omitted for simplicity. The fit for this model is very good: 93.4% of the variability of number of visitors is explained by this model. We previously discussed Riley et aL (1998) study where the authors documented median attendance to private attractions featured in a sample of films. The authors found a steady growth for about four years following the release of the films, and then the growth levels slowly decline. Our forecast model finds a larger amount of growth after the first year with respect to that of Riley's, but the growth rate declines after the third year. Our forecast model predicts a decline in growth after 2014, from 75% to 59%. However, if another movie related event occurs, such as the release of a sequel or a TV series, values for forecasted visitors can be calculated which would reflect an additional increase in visitors. Table 3 shows comparative growth figures for Riley's and the forecast model using 2011 as a baseline. TABLE 3: COMPARED GROWTH FOR RILEY'S AND FORECAST MODELS 2012 TO 2016 Year %growth Annual %growth based Forecasted based on Attendance on 2011 Annual 2011 Uisitors °/a growth Riley's Forecast Model year by year Forecast Model 2011 - 345,657 - 345,657 2012 30°/a 449,354 32°/a 456,317 32°/a 2013 49°/a 515,029 131°/a 799,231 75°/a 2014 67°/a 577,247 267°/a 1,268,703 59°/a 2015 96°/a 677,488 444°/a 1,881,157 48°/a 2016 88°/a 649,835 588°/a 2,379,113 26°/a 0 Produced by Maria Luisa Corton & Maling Ebrahimpour- College of Business - USFSP in collaboration with Clearwater Mariht�m �F �� 4 Aquarium Attachment number 1 \nPage 1 The figure below shows number of visitors from 2001 to 2016, with forecasted values after 2012. The large number in 2011 reflects the impact of the movie advertising (since March 2011) and movie release in September 2011. The forecasted values (darker bars) show the predicted pattern of growth: a decrease in growth after 2013. The number of visitors in 2011 represents a 101% increase with respect to 2010; the change in growth from 2013 to 2014 goes to 59%, from 2014 to 2015 it slows down to 48% and from 2015 to 2016 the growth change is only 26%. FIGURE 1: Number of Visitors — actual numbers from 2001 to 2011 with forecast 2012-2016 2,379,113 2001 2002 2003 2004 2005 200� 2007 2008 2009 2010 2011 2012 2013 2014 2015 201� 6. The Economic Impact To proj ect the economic impact of the movie-induced tourism over the next five years, we utilize the existing spending data from the St. Petersburg/Clearwater annual visitor profile 2011, which is presented in table 3. 9 9 St. Petersburg/Clearwater visitors' Bureau. Last visit August 14, 2012. http :l/www.pinellascvb. com/statistic s/2011 %20 V SP C%20Annual%20Report.pdf 0 Produced by Maria Luisa Corton & Maling Ebrahimpour- College of Business - USFSP in collaboration with Clearwater Mariht�m �F �I 4 Aquarium Attachment number 1 \nPage 1; TABLE 3: ST. PETE/CLEARWATER ANNUAL VISITOR PROFILE 2011 Total Expenditures 2011 $3,391,962,600 Total Number of Tourists 5,235,200 Expenditure per tourist $648 With this data we first calculate annual spending by visitors using forecasted potential visitors. Then we apply the RIMS II multipliers to annual spending to get the indirect effect. Finally, we apply the 72.7% factor obtained previously to find the share of economic effect caused by VISITORS rather than TOURISTS that can be considered as a new economic activity due to the Dolphin Tale movie. Table 4 displays values for annual spending by tourists, indirect effect and total economic effect in the Clearwater/St. Petersburg area using the number of visitors predicted by our forecast model, and the number of visitors calculated from Riley's growth values. CMA's surveys show that approximately 66.3% of its guests arrive from out of state, thus, approximately an equivalent share of economic impact can be attributed to out of state tourists. When comparing the numbers of both scenarios we observe a large difference, particularly in the later years. We explain this difference by understanding that the forecast model is based on a functional form that has captured the large spike after the movie release in late 2011 and so it proj ects the number of visitors from that point forward based on that increase. Riley's model on the other hand finds the growth rate for each year using actual data after the release of the movies rather than performing a forecast. TABLE 4: ECONOMIC IMPACT RESULTS Forecast Movie=2 2012 2013 2014 2015 2016 Uisitors Forecast 456,317 799,231 1,268,703 1,881,157 2,379,113 Annual 214,940,826 376,465,018 597,602,368 886,088,842 1,120,642,718 Total Economic Indirect effect ($) Impact ($) 115,633,865 330,574,691 ' 202,530,650 578,995,668 ' 321, 498,122 919,100, 490 476,698,075 1,362,786,91$ 602, 883,369 1,723,526,087 2012 460,724 217,016,635 116,750,609 2013 528,061 248,734,646 133,814,265 2014 591,853 278,782,842 149,979,593 2015 694,630 327,194,296 176,023,987 2016 666,278 313,839,542 168,839,397 0 Produced by Maria Luisa Corton & Maling Ebrahimpour- College of Business - USFSP in collaboration with Clearwater Mariht�m �F � 4 Aquarium Attachment number 1 \nPage 1; 7. Concluding remarks In this study, we forecast the number of visitors to CMA due to the Dolphin Tale movie-induced tourism from February 2012 to February 2017 to calculate the economic impact in the Clearwater area related to this induced-tourism activity. To accomplish this, we first investigated the behavior of visitors to CMA as being different from that of tourists to the Clearwater/St. Petersburg area. The ups and downs resulted from the touristic Clearwater seasons do not rule the behavior of visitors to CMA so we argued that 72.7% of tourists visiting CMA are not related to the tourists visiting Clearwater but rather it is exclusively related to the movie-induced tourism generated by the Dolphin Tale movie. We recognize however that this as a first attempt to identify the effect of the Dolphin Tale-induced tourism on the local economy, so additional research will prove to be an important follow up to this study. We set up a regression model to forecast visitors to CMA using a cubic functional form which includes a variable that captures the different events related to the movie such as, its initial promotion, its production and the release of the movie per se. We compared forecasted results with the visitors' growth pattern found in the movie-induced related literature. We explain the differences found by arguing that our model is fitted particularly to the Dolphin Tale movie, while results in the literature represent a median of a set of different films. In this sense, our results are more realistic, although it is strictly based on "organic growth" as it does not consider factors such as the magnitude of advertising expenditures, which is fundamental in tourism activities. Our study revealed that the release of the movie Dolphin Tale has had a substantial effect on the amount of visitors to CMA, which produces an important impact to the local Clearwater/St. Petersburg economic area. 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