06/19/2013 CLEARWATER CITY COUNCIL MEETING MINUTES
CITY OF CLEARWATER
June 19, 2013
Present: Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember
Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember
Jay E. Polglaze.
Also Present: William B. Horne II - City Manager, Jill Silverboard -Assistant City
Manager, Rod Irwin - Assistant City Manager, Pamela K. Akin - City
Attorney, Rosemarie Call - City Clerk, and Nicole Sprague - Official
Records and Legislative Services Coordinator.
To provide continuity for research, items are in agenda order although not
necessarily discussed in that order.
1. Call to Order— Mayor George N. Cretekos
2. Invocation — Father James Paris from Holy Trinity Greek Orthodox Church
3. Pledge of Allegiance - Councilmember Jay E. Polglaze
4. Presentations
4.1 Service Awards
The June 2013 Employee of the Month Award was presented to Jay Gibson,
Engineering.
4.2 Proclamation Florida Society of the Sons of the American Revolution - July 4,
2013
5. Approval of Minutes
5.1 Approve the minutes of the June 6, 2013 City Council Meeting as submitted in
written summation by the City Clerk.
Councilmember Bill Jonson moved to approve the minutes of the June 6, 2013 City
Council Meeting as submitted in written summation by the City Clerk. The motion was
duly seconded and carried unanimously.
6. Citizens to be Heard re Items Not on the Agenda
Council 2013-06-19 1
Sharon Edge opposed the "Chunky Sunday" gatherings and supported continued police
presence in the neighborhood.
Public Hearings - Not before 6:00 PM
7. Administrative Public Hearings
7.1 Approve the request from the owner of property addressed at 1835 Winwood
Drive, Clearwater, to vacate a portion of a platted drainage easement; and pass
Ordinance 8430-13 on first reading (VAC2013-03).
A recent survey of property located within the city limits at 1835 Winwood Drive
shows that existing improvements on the property encroach onto a platted
drainage easement by 1.1 feet.
The property owners are also planning to construct new improvements that will
encroach by a similar distance. The property owners have requested that this
portion of the easement be vacated.
The remainder of the easement will remain intact and will provide for adequate
area for the City's Stormwater Division to perform its responsibilities.
Councilmember Jay Polglaze moved to approve the request from the owner of property
addressed at 1835 Winwood Drive, Clearwater, to vacate a portion of a platted drainage
easement. The motion was duly seconded and carried unanimously.
Ordinance 8430-13 was presented and read by title only. Vice Mayor Paul Gibson
moved to approve Ordinance 8430-13 on first reading. The motion was duly seconded
and upon roll call, the vote was:
'Ayes Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember
Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember
Jay E. Polglaze.
"Nays None.
7.2 Approve the Annexation, Initial Land Use Plan Designation of Residential Low
(RL) and Initial Zoning Atlas Designation of Low Medium Density Residential
(LMDR) District for 1544 Levern Street (Lot 1, Block E, Bonair Hill Subdivision in
Section 11, Township 29 South, Range 15 East); and pass Ordinances 8415-13,
8416-13 and 8417-13 on first reading. (ANX2013-03004)
Council 2013-06-19 2
This voluntary annexation petition involves a 0.19-acre property consisting of one
parcel of land occupied by a single-family dwelling. It is located on the north side
of Levern Street, approximately 160 feet west of Wood Avenue. The applicant is
requesting this annexation in order to receive sanitary sewer and solid waste
service from the City. The property is located within an enclave and is contiguous
to existing City boundaries to the north, south, and west. It is proposed that the
property be assigned a Future Land Use Plan designation of Residential Low (RL)
and a zoning category of Low Medium Density Residential (LMDR).
The Planning and Development Department determined that the proposed
annexation is consistent with the provisions of Community Development Code
Section 4-604.E as follows:
The property currently receives water service from the City. The closest sanitary
sewer line is located in the adjacent Levern Street right-of-way. The applicant has
not yet paid the City's sewer impact and assessment fees and is aware of the
additional costs to extend City sewer service to this property. Collection of solid
waste will be provided by the City of Clearwater. The property is located within
Police District II and service will be administered through the district headquarters
located at 645 Pierce Street. Fire and emergency medical services will be
provided to this property by Station 47 located at 1460 Lakeview Road. The City
has adequate capacity to serve this property with sanitary sewer, solid waste,
police, fire and EMS service. The proposed annexation will not have an adverse
effect on public facilities and their levels of service; and
The proposed annexation is consistent with and promotes the following objective
of the Clearwater Comprehensive Plan:
Objective A.6.4 Due to the built-out character of the City of Clearwater, compact
urban development within the urban service area shall be promoted through
application of the Clearwater Community Development Code.
Objective A.7.2 Diversify and expand the City's tax base through the annexation
of a variety of land uses located within the Clearwater Planning Area.
Policy A.7.2.3 Continue to process voluntary annexations for single-family
residential properties upon request.
The proposed RL Future Land Use Plan category is consistent with the current
Countywide Plan designation of this property. This designation primarily permits
residential uses at a density of 5 units per acre. The proposed zoning district to be
assigned to the property is the Low Medium Density Residential (LMDR) District.
The use of the subject property is consistent with the uses allowed in the District
Council 2013-06-19 3
and the property exceeds the District's minimum dimensional requirements. The
proposed annexation is therefore 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, and west; therefore the annexation is consistent with Florida
Statutes Chapter 171.044.
Councilmember Bill Jonson moved to approve the Annexation, Initial Land Use Plan
Designation of Residential Low (RL) and Initial Zoning Atlas Designation of Low Medium
Density Residential (LMDR) District for 1544 Levern Street (Lot 1, Block E, Bonair Hill
Subdivision in Section 11, Township 29 South, Range 15 East). The motion was duly
seconded and carried unanimously.
Councilmember Doreen Hock-DiPolito moved to approve Ordinance 8415-13 on first
reading. The motion was duly seconded and upon roll call, the vote was:
'Ayes Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember
Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember
Jay E. Polglaze.
"Nays None.
Ordinance 8416-13 was presented and read by title only. Councilmember Jay E.
Polglaze moved to approve Ordinance 8416-13 on first reading. The motion was duly
seconded and upon roll call, the vote was:
"Ayes Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember
Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember
Jay E. Polglaze.
"Nays None.
Ordinance 8417-13 was presented and read by title only. Vice Mayor Paul Gibson
moved to approve Ordinance 8417-13 on first reading. The motion was duly seconded
and upon roll call, the vote was:
"Ayes Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember
Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember
Jay E. Polglaze.
Council 2013-06-19 4
"Nays None.
7.3 Approve the annexation, initial Future Land Use Map designation of Residential
Urban (RU) and initial Zoning Atlas designation of Low Medium Density
Residential (LMDR) District for 1212 Aloha Lane (Lot 3, Block 3, Sunset Knoll in
Section 3, Township 29 South, Range 15 East); and Pass Ordinances 8403-13,
8404-13 and 8405-13 on first reading. (ANX2013-03005)
This voluntary annexation petition involves a 0.164-acre property consisting of
one parcel of land occupied by a single-family dwelling. It is located on the
north side of Aloha Lane, approximately 125 feet east of Douglas Avenue.
The applicant is requesting annexation in order to receive solid waste service from
the City, and will connect to City sewer when it is available in the future, as part of
the City's Idlewild/The Mall Septic-to-Sewer Project. The property is contiguous to
existing City boundaries to the north. It is proposed that the property be assigned
a Future Land Use Map designation of Residential Urban (RU) and a Zoning Atlas
designation of Low Medium Density Residential (LMDR).
The Planning and Development Department determined that the proposed
annexation is consistent with the provisions of Clearwater Community
Development Code Section 4-604.E as follows:
The property currently receives water service from the City. Collection of solid
waste service will be provided to the property by the City. The applicant will
connect to the City's sanitary sewer service when it is available, and is aware of
the fee that must be paid in order to connect and the financial incentives available.
The property is located within Police District 11 and service will be administered
through the district headquarters located at 645 Pierce Street. Fire and
emergency medical services will be provided to this property by Station 51 located
at 1720 Overbrook Avenue. The City has adequate capacity to serve this property
with sanitary sewer, solid waste, police, fire and EMS service. The proposed
annexation will not have an adverse effect on public facilities and their levels of
service; and
The proposed annexation is consistent with and promotes the following objective
of the Clearwater Comprehensive Plan:
Objective A.6.4 Due to the built-out character of the City of Clearwater, compact
urban development within the urban service area shall be promoted through
application of the Clearwater Community Development Code.
Council 2013-06-19 5
Objective A.7.2 Diversify and expand the City's tax base through the annexation
of a variety of land uses located within the Clearwater Planning Area.
Policy A.7.2.3 Continue to process voluntary annexations for single-family
residential properties upon request.
The proposed Residential Urban (RU) Future Land Use Map category is
consistent with the current Countywide Plan designation of this property. This
designation primarily permits residential uses at a density of 7.5 units per acre.
The proposed zoning district to be assigned to the property is the Low Medium
Density Residential (LMDR) District. The use of the subject property is consistent
with the uses allowed in the district and the property exceeds the district's
minimum dimensional requirements. The proposed annexation is therefore
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; therefore, the annexation is consistent with Florida Statutes Chapter
171.044.
Councilmember Bill Jonson moved to approve the annexation, initial Future Land Use
Map designation of Residential Urban (RU) and initial Zoning Atlas designation of Low
Medium Density Residential (LMDR) District for 1212 Aloha Lane (Lot 3, Block 3,
Sunset Knoll in Section 3, Township 29 South, Range 15 East). The motion was duly
seconded and carried unanimously.
Ordinance 8403-13 was presented and read by title only. Councilmember Doreen
Hock-DiPolito moved to approve Ordinance 8403-13 on first reading. The motion was
duly seconded and upon roll call, the vote was:
'Ayes Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember
Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember
Jay E. Polglaze.
"Nays None.
Ordinance 8404-13 was presented and read by title only. Councilmember Jay E.
Polglaze moved to approve Ordinance 8404-13 on first reading. The motion was duly
seconded and upon roll call, the vote was:
"Ayes Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember
Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember
Jay E. Polglaze.
Council 2013-06-19 6
"Nays None.
Ordinance 8405-13 was presented and read by title only. Vice Mayor Paul Gibson
moved to approve Ordinance 8405-13 on first reading. The motion was duly seconded
and upon roll call, the vote was:
"Ayes Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember
Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember
Jay E. Polglaze.
"Nays None.
7.4 Approve the Annexation, Initial Land Use Plan Designation of Residential Low
(RL) and Initial Zoning Atlas Designation of Low Medium Density Residential
(LMDR) District for 1321 Parkwood Street (Lot 3, Block B, Pine Ridge
Subdivision, in Section 10, Township 29 South, Range 15 East) together with the
abutting right-of-way of Parkwood Street; and pass Ordinances 8406-13, 8407-
13 and 8408-13 on first reading. (ANX2013-03006)
This voluntary annexation petition involves a 0.178-acre property consisting of
one parcel of land occupied by a single-family dwelling. It is located on the south
side of Parkwood Street, approximately 400 feet east of Betty Lane. The applicant
is requesting this annexation in order to receive sanitary sewer and solid waste
service from the City. The Planning and Development Department is requesting
that the 0.092-acres of abutting Parkwood Street right-of-way not currently within
the City limits also be annexed. The property is located within an enclave and is
contiguous to existing City boundaries to the north and south. It is proposed that
the property be assigned a Future Land Use Plan designation of Residential Low
(RL) and a zoning category of Low Medium Density Residential (LMDR).
The Planning and Development Department determined that the proposed
annexation is consistent with the provisions of Community Development Code
Section 4-604.E as follows:
The property currently receives water service from the City. The closest sanitary
sewer line is located in the adjacent Parkwood Street right-of-way. The applicant
has paid the City's sewer impact and assessment fees and is aware of the
additional costs to extend City sewer service to this property. Collection of solid
waste will be provided by the City of Clearwater. The property is located within
Police District II and service will be administered through the district headquarters
located at 645 Pierce Street. Fire and emergency medical services will be
Council 2013-06-19 7
provided to this property by Station 51 located at 1720 Overbrook Avenue. The
City has adequate capacity to serve this property with sanitary sewer, solid waste,
police, fire and EMS service. The proposed annexation will not have an adverse
effect on public facilities and their levels of service; and
The proposed annexation is consistent with and promotes the following objective
of the Clearwater Comprehensive Plan:
Objective A.6.4 Due to the built-out character of the City of Clearwater, compact
urban development within the urban service area shall be promoted through
application of the Clearwater Community Development Code.
Objective A.7.2 Diversify and expand the City's tax base through the annexation
of a variety of land uses located within the Clearwater Planning Area.
Policy A.7.2.3 Continue to process voluntary annexations for single-family
residential properties upon request.
The proposed RL Future Land Use Plan category is consistent with the current
Countywide Plan designation of this property. This designation primarily permits
residential uses at a density of 5 units per acre. The proposed zoning district to be
assigned to the property is the Low Medium Density Residential (LMDR) District.
The use of the subject property is consistent with the uses allowed in the District
and the property exceeds the District's minimum dimensional requirements. The
proposed annexation is therefore 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 and south; therefore the annexation is consistent with Florida Statutes
Chapter 171.044.
Councilmember Bill Jonson moved to approve the Annexation, Initial Land Use Plan
Designation of Residential Low (RL) and Initial Zoning Atlas Designation of Low Medium
Density Residential (LMDR) District for 1321 Parkwood Street (Lot 3, Block B, Pine
Ridge Subdivision, in Section 10, Township 29 South, Range 15 East) together with the
abutting right-of-way of Parkwood Street. The motion was duly seconded and carried
unanimously.
Ordinance 8406-13 was presented and read by title only. Councilmember Doreen
Hock-DiPolito moved to approve Ordinance 8406-13 on first reading. The motion was
duly seconded and upon roll call, the vote was:
'Ayes Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember
Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember
Council 2013-06-19 8
Jay E. Polglaze.
"Nays None.
Ordinance 8407-13 was presented and read by title only. Councilmember Jay E.
Polglaze moved to approve Ordinance 8407-13 on first reading. The motion was duly
seconded and upon roll call, the vote was:
"Ayes Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember
Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember
Jay E. Polglaze.
"Nays None.
Ordinance 8408-13 was presented and read by title only. Vice Mayor Paul Gibson
moved to approve Ordinance 8408-13 on first reading. The motion was duly seconded
and upon roll call, the vote was:
"Ayes Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember
Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember
Jay E. Polglaze.
"Nays None.
7.5 Approve the annexation, initial Future Land Use Map designation of Residential
Urban (RU) and initial Zoning Atlas designation of Low Medium Density
Residential (LMDR) District for 1270 Palm Street (Lot 11, Knights Acres in
Section 3, Township 29 South, Range 15 East); and Pass Ordinances 8412-13,
8413-13 and 8414-13 on first reading. (ANX2013-04009)
This voluntary annexation petition involves a 0.118-acre property consisting of
one parcel of land occupied by a single-family dwelling. It is located on the north
side of Palm Street, approximately 200 feet west of Betty Lane. The applicant is
requesting annexation in order to receive solid waste service from the City, and
will connect to City sewer when it is available in the future, as part of the City's
Idlewild/The Mall Septic-to-Sewer Project. The property is contiguous to existing
city boundaries to the south. It is proposed that the property be assigned a Future
Land Use Map designation of Residential Urban (RU) and a Zoning Atlas
designation of Low Medium Density Residential (LMDR).
Council 2013-06-19 9
The Planning and Development Department determined that the proposed
annexation is consistent with the provisions of Clearwater Community
Development Code Section 4-604.E as follows:
The property currently receives water service from the City. Collection of solid
waste service will be provided to the property by the City. The applicant will
connect to the City's sanitary sewer service when it is available, and is aware of
the fee that must be paid in order to connect and the financial incentives available.
The property is located within Police District 11 and service will be administered
through the district headquarters located at 645 Pierce Street. Fire and
emergency medical services will be provided to this property by Station 51 located
at 1720 Overbrook Avenue. The City has adequate capacity to serve this property
with sanitary sewer, solid waste, police, fire and EMS service. The proposed
annexation will not have an adverse effect on public facilities and their levels of
service; and
The proposed annexation is consistent with and promotes the following objective
of the Clearwater Comprehensive Plan:
Objective A.6.4 Due to the built-out character of the City of Clearwater, compact
urban development within the urban service area shall be promoted through
application of the Clearwater Community Development Code.
Objective A.7.2 Diversify and expand the City's tax base through the annexation
of a variety of land uses located within the Clearwater Planning Area.
Policy A.7.2.3 Continue to process voluntary annexations for single-family
residential properties upon request.
The proposed Residential Urban (RU) Future Land Use Map category is
consistent with the current Countywide Plan designation of this property. This
designation primarily permits residential uses at a density of 7.5 units per acre.
The proposed zoning district to be assigned to the property is the Low Medium
Density Residential (LMDR) District. The use of the subject property is consistent
with the uses allowed in the district and the property exceeds the district's
minimum dimensional requirements. The proposed annexation is therefore
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 south; therefore, the annexation is consistent with Florida Statutes Chapter
171.044.
Council 2013-06-19 10
Councilmember Bill Jonson moved to approve the annexation, initial Future Land Use
Map designation of Residential Urban (RU) and initial Zoning Atlas designation of Low
Medium Density Residential (LMDR) District for 1270 Palm Street (Lot 11, Knights
Acres in Section 3, Township 29 South, Range 15 East). The motion was duly
seconded and carried unanimously.
Ordinance 8412-13 was presented and read by title only. Councilmember Doreen
Hock-DiPolito moved to approve Ordinance 8412-13 on first reading. The motion was
duly seconded and upon roll call, the vote was:
'Ayes Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember
Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember
Jay E. Polglaze.
"Nays None.
Ordinance 8413-13 was presented and read by title only. Councilmember Jay E.
Polglaze moved to approve Ordinance 8413-13 was presented on first reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember
Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember
Jay E. Polglaze.
"Nays None.
Ordinance 8414-13 was presented and read by title only. Vice Mayor Paul Gibson
moved to approve Ordinance 8414-13 on first reading. The motion was duly seconded
and upon roll call, the vote was:
"Ayes Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember
Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember
Jay E. Polglaze.
"Nays None.
7.6 Approve an Amendment to the Development Agreement between Sea Captain,
a Florida General Partnership (the property owner), and the City of Clearwater,
providing for the allocation of 53 units from the Hotel Density Reserve
established in Beach by Design; adopt Resolution 13-06, and authorize the
appropriate officials to execute same. (DVA2010-08001A)
Council 2013-06-19 11
On January 13, 2011, City Council approved a development agreement with the
Sea Captain, a Florida General Partnership, for a property located at 40 Devon
Drive. This agreement allocated 53 units from the Hotel Density Reserve on
Clearwater Beach for the construction of a new hotel on this site. The site plan
approved in conjunction with this agreement (FLD2010-08004) was attached to
the development agreement as Exhibit A. The development order authorizing that
site plan expired on December 21, 2012. The proposed amendment to the
development agreement replaces the expired Exhibit A with a newly approved site
plan (FLD2013-02007). There are no changes between the newly approved site
plan and the one originally associated with the development agreement.
The total 0.829-acre parcel is located on the north side of Devon Drive,
approximately 150 feet east of Coronado Drive. The majority of the subject
property (0.659 acre) is zoned Tourist (T) District, but the eastern portion (0.17
acre) of the subject property north of the adjacent detached dwelling at 94 Devon
Drive is zoned Low Medium Density Residential (LMDR) District and is not part of
Beach by Design.
The subject property is currently developed with a 27-room motel. However, it is
proposed to be redeveloped under FLD2013-02007 with an overnight
accommodation use of a total of 85 rooms (128.98 rooms/acre on the acreage
zoned Tourist (T) District, including the allocation of 53 units from the Hotel
Density Reserve), approximately 7,986 square feet of accessory uses to the hotel
and a height of 75.25 feet (to top of roof deck). On May 21, 2013, the Community
Development Board (CDB) approved with 17 conditions of approval FLD2013-
02007 for the construction of the 85-room hotel with associated amenities.
The proposed hotel and its accessory uses are located solely within the area
zoned Tourist (T) District (only the retention area is located with the area zoned
Low Medium Density Residential [LMDR] District) and the calculations for density
and impervious surface ratio are based upon only the land area zoned Tourist (T)
District.
The proposal 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 period not to exceed ten years, meets the criteria
for the allocation of units from the Hotel Density Reserve under Beach by Design
and includes the following main provisions:
• Provides for the allocation of 53 units from the Hotel Density Reserve;
Council 2013-06-19 12
• Requires the developer to obtain building permits and certificates of
occupancy in accordance with Community Development Code (CDC)
Section 4-407;
• Requires the return of any hotel unit obtained from the Hotel Density
Reserve that is not constructed;
• For units allocated from the Hotel Density Reserve, 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; and
• Requires a legally enforceable mandatory evacuation/closure covenant that
the hotel will be closed as soon as practicable after a hurricane watch that
includes Clearwater Beach is posted by the National Hurricane Center.
The Community Development Board reviewed this Development Agreement
application at its public hearing on May 21, 2013, and unanimously recommended
approval of the application (DVA2010-08001A).
In response to questions, Planning and Development Director Michael Delk said the
city's code provides the applicant a period of time to utilize their entitlements on the
development order before they expire, or are lost. When a hurricane warning is issued,
staff will work with the beach hoteliers regarding the evacuation of their hotel occupants;
arrangements to evacuate the beach may take 24-48 hours.
The City Attorney said there is no absolute timeframe for hoteliers to evacuate; hoteliers
will have a period of time to activate the evacuation process and leave the island.
Councilmember Bill Jonson moved to approve an Amendment to the Development
Agreement between Sea Captain, a Florida General Partnership (the property owner),
and the City of Clearwater, providing for the allocation of 53 units from the Hotel Density
Reserve established in Beach by Design. The motion was duly seconded and carried
unanimously.
Resolution 13-06 was presented and read by title only. Councilmember Doreen Hock-
DiPolito moved to adopt Resolution 13-06. 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.
Council 2013-06-19 13
7.7 Approve a Development Agreement between Clearwater Grande Development,
LLC (the property owner) and the City of Clearwater, providing for the allocation
of 80 overnight accommodation units from the Hotel Density Reserve under
Beach by Design; adopt Resolution 13-05, and authorize the appropriate officials
to execute same. (DVA2013-03001)
The 1.437 acre-subject property is located on the south side of South Gulfview
Boulevard, approximately 894 feet west of Gulf Boulevard. The subject property
is currently developed with a 91-room hotel (Quality Inn) and its associated
parking lot. The existing building is located on the east side of the site and
oriented north/south. The property is located within the Tourist (T) District and the
Resort Facilities High (RFH) Future Land Use Plan category. The subject property
is located in the Clearwater Pass character district of Beach by Design.
The development proposal would retain the Quality Inn while redeveloping the
existing parking area with a new 14-story, 90-room Hampton Inn and Suites.
On March 22, 2005, the Community Development Board approved Case
FLD2004-12088 for the Termination of Status of Nonconformity for density to
retain the existing 91 overnight accommodation units on the subject property.
On May 21, 2013, the Community Development Board approved with 19
conditions a Flexible Development application to permit a 171-room overnight
accommodation use (FLD2013-03011). As a part of this application, the owners
are proposing to utilize the existing 91-rooms obtained through the Termination of
Status of Nonconformity for density while requesting an additional 80 hotel rooms
from the Hotel Density Reserve through Beach by Design, resulting in a total of
171 hotel rooms on the property. The proposal will reduce the number of rooms in
the Quality Inn from 91 to 81 rooms by converting 16 standard rooms into eight
suites, and two standard rooms into storage space. These ten reduced rooms will
then be added to the overall number of hotel rooms for the proposed Hampton Inn
and Suites (90 rooms).
The Development Agreement proposes to allow 171 overnight accommodation
units with a density of 118.99 rooms per acre on net lot acreage, which includes
the allocation of 80 units from the Hotel Density Reserve on a lot of 62,620 square
feet of lot area which is below the maximum density of 150 units per acre as set
forth in Beach by Design special area plan. A total of 206 off-street parking
spaces will be provided for the use of both hotels. The number of parking spaces
complies with the development standard of 1.2 spaces per unit as set forth in the
Community Development Code.
Council 2013-06-19 14
The development proposal will not degrade the Level of Service (LOS D or better)
on surrounding transportation facilities nor adversely affect the nearby signalized
intersection, which is consistent with Metropolitan Planning Organizations
concurrency management for transportation facilities.
The proposal 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 period not to exceed ten years, meets the criteria
for the allocation of units from the Hotel Density Reserve under Beach by Design
and includes the following main provisions:
• Provides for the allocation of 80 units from the Hotel Density Reserve;
• Requires the return of any hotel unit obtained from the Hotel Density
Reserve that is not constructed;
• For units allocated from the Hotel Density Reserve, 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; and
• Requires a legally enforceable mandatory evacuation/closure covenant that
the hotel will be closed as soon as practicable after a hurricane watch that
includes Clearwater Beach is posted by the National Hurricane Center.
The Community Development Board reviewed this Development Agreement at its
public hearing on May 21, 2013, and recommended approval.
In response to questions, the City Attorney said the applicant has agreed to include
language in the development agreement prohibiting amplified sound outdoors, Sunday
through Thursday after 11:00 p.m. and Friday through Saturday after
midnight. Planning and Development Director Michael Delk reviewed the proposed
renderings facing each side of the building and said the mass and scale of the proposed
building has been reduced, including the number of hotel rooms.
Staff was directed to provide information on the anticipated sales tax/bed tax impact to
the City, based on 65% occupancy, for development agreements that come before
Council. It was stated that staff could retrieve the information from the applicant, as
it should be compiled for the lender.
Applicant representative Ed Armstrong said the original proposal was modified to
address concerns raised by Council. The applicant will share the project's projected
economic impact compiled for the lender with staff. Applicant Steve Page said the
proposal before Council has all requested density units going to new construction,
located on one parcel, and reduced building height and mass by eliminating 26
units. Architect Alcides Santiesteban said the pavilion and covered outdoor seating
Council 2013-06-19 15
area is located on the sixth floor; residences are located on the seventh floor.
One individual spoke in opposition and one individual expressed concern regarding the
project not meeting scenic corridor criteria. Three individuals spoke in support.
Councilmember Jay Polglaze moved to approve a Development Agreement between
Clearwater Grande Development, LLC (the property owner) and the City of Clearwater,
providing for the allocation of 80 overnight accommodation units from the Hotel Density
Reserve under Beach by Design. The motion was duly seconded.
In response to questions, Mr. Delk said staff reviewed the project and determined it was
consistent with all Beach by Design criteria. There is no specific landscape plan
requirement for S. Gulfview Boulevard. The T (Tourist) District allows a range of
setbacks; the reserve allows height to go above 100 if the applicant utilizes the density
pool, which is governed by FAR (floor area ratio). Mr. Santiesteban said the adjoining
property is built on the property line, creating a zero property line. The proposed
project includes a 10 ft. 1 in. setback to vertical structure; the landscape can be
modified if the proposed tree species are too large.
Upon the vote being taken, the motion carried unanimously.
Resolution 13-05 was presented and read by title only. Vice Mayor Paul Gibson moved
to adopt Resolution 13-05. 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.
7.8 Approve amendments to the Community Development Code providing for a
revised definition for family and a new definition for housekeeping unit,
consistent with the terms of the conciliation/voluntary compliance agreement
entered into by and between the United States Department of Housing and
Urban Development and the City of Clearwater and pass Ordinance 8398-13 on
first reading. (TA2013-03001)
On October 5, 2012, a complaint was filed against the City of Clearwater with the
United States Department of Housing and Urban Development (HUD) alleging
discrimination based on disability. In January 2013, the City and HUD (on behalf
of the complainant) entered into a Conciliation Agreement, which is a voluntary
Council 2013-06-19 16
and full settlement of the disputed complaint. Under the terms of this agreement,
the City agreed to amend and/or add definitions for family and housekeeping unit
within 180 days of the effective date of the agreement.
Ordinance 8398-13 includes amendments to Section 8-102, Definitions, of the
Community Development Code, consistent with the terms of the Conciliation
Agreement. Modifications are included to the existing definition of family to
provide further clarity, and a new definition for housekeeping unit is proposed. The
new definition for housekeeping unit includes six situations that would exclude a
group from being classified as a housekeeping unit, such as presence of interior
doors with padlocks or keyed doorknobs limiting tenants' access, or if members
have separate leases or subleases and make separate payments to the landlord,
if the group significantly reforms over the course of 12 months or during the lease
term, or if members do not engage in group living activities such as shopping,
cooking and eating. Any of these situations would create a presumption that the
group is not a bona fide housekeeping unit.
The Community Development Board (CDB) reviewed the proposed text
amendment at its meeting of May 21, 2013 and unanimously recommended
approval of the amendment.
Councilmember Bill Jonson moved to approve amendments to the Community
Development Code providing for a revised definition for family and a new definition for
housekeeping unit, consistent with the terms of the conciliation/voluntary compliance
agreement entered into by and between the United States Department of Housing and
Urban Development and the City of Clearwater. The motion was duly seconded and
carried unanimously.
Ordinance 8398-13 was presented and read by title only. Councilmember Doreen
Hock-DiPolito moved to approve Ordinance 8398-13 on first reading. The motion was
duly seconded and upon roll call, the vote was:
'Ayes Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember
Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember
Jay E. Polglaze.
"Nays None.
8. Quasi-judicial Public Hearings
8.1 Approve a Future Land Use Map Amendment from the Residential/Office Limited
(R/OL) classification to the Institutional (1) classification and a Zoning Atlas
Amendment from the Office (0) District to the Institutional (1) District for property
located at 150 South McMullen Booth Road (consisting of a portion of the
Council 2013-06-19 17
Northwest of Section 16, Township 29 South, Range 16 East); and pass
Ordinances 8400-13 and 8401-13 on first reading. (LUP2013-02001 and
REZ2013-02001)
This future land use map amendment and rezoning application involves a 3.61-
acre parcel located on the west side of South McMullen Booth Road,
approximately 100 feet south of Cherry Lane. The request is to change the
property's Future Land Use Map designation of Residential/Office Limited (R/OL)
to Institutional (1) and the zoning district from Office (0) to Institutional (1).
The parcel contains two buildings that currently contain publishing, office and
educational facilities uses. The main building, which was constructed in 1986 and
approximately 18,184 square feet, is used by Rue Educational Publishing as a
mix of offices, classrooms and publishing space. The second building, which was
added in 2010, is an approximately 1,440 square foot modular building used by
Rue Educational as classroom space. In December 2012, the parcel was
purchased by Calvary Baptist Church, which is located on the southwest corner of
Drew Street and McMullen Booth Road. The church has been purchasing parcels
adjacent to and in the vicinity of the subject property over the last several years in
order to accommodate growth of the church, associated school campus and
athletic facilities. Abutting properties to the north and west are owned by Calvary
Baptist; the recently completed baseball field to the west included landscape
improvements to the east side of the subject property. The existing publishing,
office and educational facilities uses will continue to operate until June 30, 2013.
Calvary Baptist Church plans to use the property as a center for its youth
ministries with minimal changes to the site and buildings, except for interior
renovations that may include removing some current walls to allow for a worship
area. A development application has not been submitted at this time; however, the
applicant has engaged a local architecture firm and understands all necessary
permits must be obtained.
The Planning and Development Department has determined that the proposed
future land use map amendment and zoning atlas amendment is consistent with
the Community Development Code as specified below:
The proposed amendments are consistent with the Comprehensive Plan, the
Countywide Plan Rules, and the Community Development Code.
The proposed amendments are compatible with the surrounding property and
character of the neighborhood.
Sufficient public facilities are available to serve the property.
Council 2013-06-19 18
The proposed amendments will not have an adverse impact on the natural
environment.
The proposed amendments will not have an adverse impact on the use of
property in the immediate area.
The available uses in the Institutional (1) District are compatible with the
surrounding area.
In accordance with the Countywide Plan Rules, the land use plan amendment is
subject to the approval of the Pinellas Planning Council and the Board of County
Commissioners acting as the Countywide Planning Authority. The application is a
small-scale amendment so review and approval by the Florida Department of
Economic Opportunity (Division of Community Planning) is not required.
The Community Development Board will review these applications at its public
hearing on June 18, 2013 and its recommendation will be presented by staff at the
City Council meeting on June 19, 2013.
Councilmember Jay Polglaze moved to approve a Future Land Use Map Amendment
from the Residential/Office Limited (R/OL) classification to the Institutional (1)
classification and a Zoning Atlas Amendment from the Office (0) District to the
Institutional (1) District for property located at 150 South McMullen Booth Road
(consisting of a portion of the Northwest of Section 16, Township 29 South, Range 16
East). The motion was duly seconded and carried unanimously.
Ordinance 8400-13 was presented and read by title only. Vice Mayor Paul Gibson
moved to approve Ordinance 8400-13 on first reading. The motion was duly seconded
and upon roll call, the vote was:
'Ayes Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember
Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember
Jay E. Polglaze.
"Nays None.
Ordinance 8401-13 was presented and read by title only. Councilmember Doreen
Hock-DiPolito moved to approve Ordinance 8401-13 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember
Doreen Hock-DiPolito, Councilmember Bill Jonson, and Jay E. Polglaze
Council 2013-06-19 19
"Nays None.
9. Second Readings - Public Hearing
9.1 Adopt Ordinance 8418-13 on second reading, calling for a special election to
submit to the city electors a proposed amendment to the City Charter to allow
the City to enter into a lease with the Clearwater Marine Aquarium for the current
City Hall Property and stating the question to appear on the ballot.
Two individuals spoke in opposition and one individual spoke in support.
CMA representative Brian Aungst, Jr. said the organization has reached out to the
neighbors; parking concerns will be addressed in the Memorandum of Understanding,
which is being negotiated with city staff. The proposed project anticipates extending
Drew Street to allow another exit.
Ordinance 8418-13 was presented and read by title only. Councilmember Jay Polglaze
moved to adopt Ordinance 8418-13 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.
9.2 Adopt Ordinance 8431-13 on second reading, amending the powers and duties
of the Municipal Code Enforcement Board to include the power to hear as a local
hearing officer violations of the Clearwater Code of Ordinances and Florida
Statutes, as applicable.
Ordinance 8431-13 was presented and read by title only. Vice Mayor Paul Gibson
moved to adopt Ordinance 8431-13 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.
Council 2013-06-19 20
The Council recessed from 8:01 p.m. to 8:10 p.m.
10. Consent Agenda — Approved as submitted.
10.1 Approve the Administrative Services Only Agreement between the City and
Connecticut General Life Insurance Company for administration services to be
Provided by Cigna in connection with the City's medical insurance for plan year
2013 and authorize the appropriate officials to execute same. (consent)
10.2 Approve a Memorandum of Understanding (MOU) amending the Prisoner
Transport Interlocal Agreement between the City of Clearwater and the Pinellas
County Sheriff's Office for the period July 1. 2013 through September 30. 2014.
and authorize the appropriate officials to execute same. (consent)
10.3 Award a Contract (Purchase Order) for$568.023.00 to Rush Truck Centers of
Tampa. FL for two 2013 Model 320 Peterbilt with Scorpion Automated Side
Loaders with CNG (Compressed Natural Gas), in accordance with Sec.
2.5640)(d). Code of Ordinances - Other Governmental Bid: authorize lease
purchase under the City's Master Lease Purchase Agreement and authorize the
appropriate officials to execute same. (consent)
10.4 Award a Contract (Purchase Order) to Toter Incorporated of Statesville. NC, for
an amount not to exceed $1.500.000, for the purchase and delivery of 26.000
new 64 gallon and 96 gallon recycling carts, during the period of June 20. 2013
through June 19. 2014, as provided in the Code of Ordinances. Section
2.5640)(d) and authorize the appropriate officials to execute the same.
consent
10.5 Award a Contract (Purchase Order) to Waste Management. Inc. in the amount of
$189.414 for the purchase of thirty-four kiosks, consisting of one solar compactor
and one recycling station, as provided in the Code of Ordinances. Section 2.561,
and authorize the appropriate officials to execute same. (consent)
10.6 Approve a Blanket Purchase Order to SNF Polydyne Inc., of Riceboro. GA, in
the amount of$449.322, for Polymer Services for a one-year period, and
authorize the appropriate officials to execute same. (consent)
10.7 Approve Supplemental Work Order to Engineer-of-Record (EOR) King
Engineering Associates. Inc., in the amount of$83.720, to provide additional
Construction Engineering and Inspection (CEI) services for the rehabilitation of
Lift Stations 33 and 42: and authorize the appropriate officials to execute same.
consent
Council 2013-06-19 21
10.8 Award a contract to Steve's Excavating and Paving Inc. of Clearwater. Florida.
for the South Gulfview Drainage Improvements Project (11-0019-EN) in the
amount of$388.273.75, which is the lowest responsible bid received in
accordance with the plans and specifications and authorize the appropriate
officials to execute same. (consent)
10.9 Accept two drainage easements conveyed to the City by separate property
owners over portions of property located at 2553 and 2559 Brentwood Drive for
use by the City's Stormwater Division. (consent)
Councilmember Doreen Hock-DiPolito moved to approve the Consent Agenda as
submitted and authorize the appropriate officials to execute same. The motion was duly
seconded and carried unanimously.
City Manager Reports
11. Other Items on City Manager Reports
11.1 Amend the City's fiscal year 2012/13 Operating and Capital Improvement
Budgets at mid-year and pass Ordinances 8432-13 and 8433-13 on first reading.
The fiscal year 2012/13 Operating and Capital Improvement Budgets were
adopted in September 2012 by Ordinances 8356-12 and 8357-12. Section 2.521
of the City's Code of Ordinances requires the City Manager to prepare a
quarterly report detailing income, expenditure estimates, collections, the
explanation of significant variances, as well as the financial status of all capital
improvement projects.
Councilmember Bill Jonson moved to amend the City's fiscal year 2012/13 Operating
and Capital Improvement Budgets at mid-year. The motion was duly seconded and
carried unanimously.
Ordinance 8432-13 was presented and read by title only. Councilmember Doreen
Hock-DiPolito moved to approve Ordinance 8432-13 on first reading. The motion was
duly seconded and upon roll call, the vote was:
'Ayes Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember
Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember
Jay E. Polglaze.
"Nays None.
Council 2013-06-19 22
Ordinance 8433-13 was presented and read by title only. Councilmember Jay E.
Polglaze moved to approve Ordinance 8433-13 on first reading. The motion was duly
seconded and upon roll call, the vote was:
'Ayes Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember
Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember
Jay E. Polglaze.
"Nays None.
11.2 Authorize the negotiated sale of not to exceed $7,445,000 Gas System Revenue
Refunding Bonds, Series 2013; authorize staff to proceed with the refunding of
the outstanding Gas System Revenue Refunding Bonds, Series 2004 and adopt
Resolution 13-15.
Currently outstanding is $7,270,000 par value of Gas System Revenue
Refunding Bonds, Series 2004, with maturities in years 2014 through 2026 and
interest rates ranging from 3.375% to 4.375% that are callable on September 1,
2013. Current market conditions present an opportunity to refinance these bonds
to achieve a present value savings of approximately $950,000, or 13.2% of the
refunded amount.
The City's debt management policy states, "As a general rule, the present value
savings of a particular refunding should exceed 5% (of the refunded amount)."
In anticipation of the refunding, the City through its Financial Advisor, Stifel,
Nicolaus and Company, Inc., issued a request for proposals (RFP) soliciting
proposals from qualified investment companies to provide a bank loan source of
funds instead of the more traditional bond transaction for this refunding, which
has resulted in a lower cost (greater savings) opportunity. A traditional bond
sales transaction would have yielded an estimated 7.5% savings, or
approximately $545,000 versus the current estimate of$950,000.
The refunding will result in gross annual debt service savings of approximately
$85,000 in years 2014 through 2026.This resolution authorizes the negotiated
sale of not to exceed $7,445,000 par value of Gas System Revenue Refunding
Bonds, Series 2013, at an interest rate of 2.41%, to STI Institutional and
Government, Inc (a SunTrust company), the firm submitting the most favorable
response to the RFP.
Council 2013-06-19 23
Annual principal payments on the 2013 refunding bonds are due September 1,
2014 through 2026, the same term as the refunded bonds. The bonds are
callable, without prepayment penalty, five years after the date of issuance.
Vice Mayor Paul Gibson moved to authorize the negotiated sale of not to exceed
$7,445,000 Gas System Revenue Refunding Bonds, Series 2013; authorize staff to
proceed with the refunding of the outstanding Gas System Revenue Refunding Bonds,
Series 2004 . The motion was duly seconded and carried unanimously.
Resolution 13-15 was presented and read by title only. Councilmember Bill Jonson
moved to adopt Resolution 13-15. 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.
11.3 Authorize the negotiated sale of not to exceed $11,605,000 Stormwater System
Revenue Refunding Bonds, Series 2013; authorize staff to proceed with the
advance refunding of the outstanding Stormwater System Revenue Bonds,
Series 2004 and adopt Resolution 13-16.
Currently outstanding is $10,855,000 par value of Stormwater System Revenue
Bonds, Series 2004, with maturities in years 2015 through 2032 and interest
rates ranging from 3.625% to 4.75% that are callable on November 1, 2014.
Current market conditions present an opportunity to advance refund these bonds
to achieve a present value savings of approximately $980,000, or 9.0% of the
refunded amount. The City's debt management policy states, "As a general rule,
the present value savings of a particular refunding should exceed 5% (of the
refunded amount)."
In anticipation of the refunding, the City through its Financial Advisor, Stifel,
Nicolaus and Company, Inc., issued a request for proposals (RFP) soliciting
proposals from qualified investment companies to provide a bank loan source of
funds, instead of the more traditional bond transaction for this refunding, which
has resulted in a lower cost (greater savings) opportunity. A traditional bond
sales transaction would have yielded an estimated 5.0% savings, or
approximately $540,000 versus the current estimate of$980,000.
Council 2013-06-19 24
The refunding will result in gross annual debt service savings of approximately
$100,000 in years 2014 through 2032.This resolution authorizes the negotiated
sale of not to exceed $11,605,000 par value of Stormwater System Revenue
Refunding Bonds, Series 2013, at an interest rate of 2.98%, to STI Institutional
and Government, Inc (a SunTrust company), the firm submitting the most
favorable response to the RFP.
Annual principal payments on the 2013 refunding bonds are due November 1,
2013 through 2032, the same term as the refunded bonds. The bonds are
callable, without prepayment penalty, six years after the date of issuance.
Councilmember Doreen Hock-DiPolito moved to authorize the negotiated sale of not to
exceed $11,605,000 Stormwater System Revenue Refunding Bonds, Series 2013;
authorize staff to proceed with the advance refunding of the outstanding Stormwater
System Revenue Bonds, Series 2004. The motion was duly seconded and carried
unanimously.
Resolution 13-16 was presented and read by title only. Councilmember Jay E. Polglaze
moved to adopt Resolution 13-16. 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.
11.4 Approve two Subordination of City Utility Interests agreements subordinating City
easements in favor of the State of Florida Department of Transportation; adopt
Resolution 13-1T and authorize appropriate officials to execute same.
The State of Florida Department of Transportation (FDOT) is underway with a
project to resurface a portion of Drew Street, a State Road. In support of the
project, FDOT has acquired easements for the construction and maintenance of
sidewalks. FDOT has requested that the City subordinate two existing City
easements located within the new FDOT easements. One of the City easements
is for the installation and maintenance of a traffic signal pole on the northwest
corner of Drew Street and Martin Luther King, Jr. Avenue. The other City
easement is for the installation and maintenance of a sidewalk on the southeast
corner of Drew Street and Jefferson Avenue.
Council 2013-06-19 25
The City easements will remain in effect, however the City's rights under these
easements will be subject to FDOT's rights. The City Engineering Department
has no objection to the request.
Vice Mayor Paul Gibson moved to approve two Subordination of City Utility Interests
agreements subordinating City easements in favor of the State of Florida Department of
Transportation. The motion was duly seconded and carried unanimously.
Resolution 13-17 was presented and read by title only. Councilmember Bill Jonson
moved to adopt Resolution 13-17. 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.
11.5 Approve the Post-Disaster Redevelopment Plan (PDRP) and adopt Resolution
13-08.
As a coastal community, the City of Clearwater remains vulnerable to a number
of regularly occurring natural disasters. To decrease vulnerability and increase
resiliency the City is adding another tool to its mitigation and recovery toolbox,
the Post-Disaster Redevelopment Plan (PDRP). The PDRP is a document that
guides City decision making affecting long-term recovery and redevelopment
following a disaster.
This Plan does not address immediate disaster response and emergency
operations, which are already outlined by the City's Comprehensive Emergency
Management Plan (CEMP). During the disaster response and emergency
operations phases, the City will work as a partner with Pinellas County, which will
serve as the lead local entity in coordinating with the Federal Emergency
Management Agency (FEMA). This Plan is intended to address Clearwater's
unique context while avoiding duplication with Pinellas County's PDRP. Some
issues, and subsequent actions that address those issues, are better addressed
on a countywide scale. For these actions, the City will work as a partner with the
County.
This Plan was created through a coordinated effort among city staff, with
communication with Pinellas County staff. It does not set forth new city policies
but contains next steps that direct City staff to implement previously adopted city
policies and to conduct research that may lead to future policy changes. Any
Council 2013-06-19 26
proposed actions that might result in or require changes in city policy must first
engage Clearwater community members in the decision-making process and
then request approval from the appropriate legislative authority, the City Council.
The PDRP is organized into seven chapters:
Chapter 1 Introduction (Plan pages 1-2): This Chapter sets the stage for the
rest of the Plan by outlining the purpose and objective of the Plan, the authority
for developing the Plan, describing the planning process and how to use the
plan, and lastly by noting plan assumptions and applicability.
Chapter 2 Local Plans Integration and Capacity Assessment (pages 3-18):
This chapter examines existing local documents that guide the four overlapping
phases of the disaster cycle: pre-disaster planning, emergency response, short-
term recovery and long-term recovery and redevelopment. A total of 17
documents are examined, including the City's Comprehensive Plan and the
countywide Local Mitigation Strategy. For each document a description of its
contents, listing of applicable disaster phases, listing of provisions that apply to
disaster planning and its relationship to the PDRP are outlined. An institutional
capacity, or gap analysis, is then conducted outlining the City's capacity for
carrying out long-term recovery and redevelopment in three topic areas: planning
and regulatory capacity, administrative and technical capacity, and fiscal
capacity. The chapter concludes by outlining recommendations for improving
capacity.
Chapter 3 Vulnerability Analysis (pages 19-26): This chapter details
vulnerability analyses that were previously conducted in the City's Floodplain
Management Plan, the City's Comprehensive Emergency Management Plan
(CEMP), and the countywide Local Mitigation Strategy (LMS). For each
document's vulnerability analysis a summary, key findings and conclusions are
outlined in the chapter. The chapter concludes by outlining vulnerability analyses
that should be completed by City staff to expand understanding of Clearwater's
vulnerability so future updates to the PDRP can more fully address current gaps
in analysis. If a priority, the analyses can be included in the Long Range Planning
Division's work program.
Chapter 4 Issues (pages 27-52): This chapter discusses a myriad of issues
outlined by Post-Disaster Redevelopment Planning:A Guide for Florida
Communities, which is a document jointly produced at the State level by the
Florida Department of Community Affairs (now the Department of Economic
Opportunity) and the Florida Division of Emergency Management. The Guide is
divided according to six topic areas: Housing, Infrastructure and Public Facilities,
Environment, Economic Redevelopment, Land Use and Health and Social
Council 2013-06-19 27
Services. Each issue in the Guide is assigned a category: Minimum (suggested
to be undertaken first), Recommended (suggested to be undertaken if resources
are available) and Advanced (suggested once a community has a solid
foundation for hazard mitigation and disaster recovery—these are best
practices). The chapter includes a brief description of each issue, how the issue
is currently being addressed in Clearwater, and steps forward to ensure the issue
is adequately addressed. These are all summarized in a table at the end of the
chapter.
Chapter 5 Plan Goals (pages 53-54): This chapter contains five goals and
five strategies.
Plan Goals-
1. Housing and Structural Repairs: Facilitate permissible reconstruction in a
timely manner while decreasing the vulnerability of structures to future disasters.
2. Infrastructure and Public Facility Recovery: Restore utilities and repair
infrastructure efficiently, while considering mitigation in long-term redevelopment
of infrastructure to ensure that public investments minimize future damage.
3. Environmental Restoration: Protect and enhance natural resources to
mitigate future disasters.
4. Economic Resumption: Assist businesses in adequately preparing for a
disaster and enhance their ability to recover from a disaster.
5. Land Use and Development: Facilitate redevelopment in a timely manner,
while seizing opportunities for mitigation.
Plan Strategies-
1. Streamline Permitting
2. Get Back to Business
3. Decrease Vulnerability
4. Continue Implementation of City of Clearwater Guiding Documents
5. Continue Intergovernmental Coordination
The chapter also describes the Action Plan, which is contained in Appendix C.
The Action Plan implements the goals and strategies outlined above. Some
actions need to take place during the pre-disaster phase, while others apply only
after a disaster strikes. The Action Plan is not an exhaustive list, but a working
document that can be updated as needed. Completed actions that do not need to
be implemented after every disaster can be taken off the list and included in an
appendix in future updates as a record of accomplishments. Not all five goals
need all five strategies outlined in the chapter to be fully achieved. While some
goals need all the strategies, others may only need three of the five to
accomplish the overall goal.
Chapter 6 Communication Plan (pages 55-62): This chapter examines the
City's current ability to communicate both externally and internally. It then goes
Council 2013-06-19 28
on to outline how the public can be included in implementing the PDRP, both
before and after a disaster.
Chapter 7 Plan Implementation and Maintenance (pages 63-66): This
chapter details how the Action Plan will be implemented and how the entire
PDRP will be maintained.
The PDRP also includes four appendices as described below.
• Appendix A— Coastal Resilience Index (Plan pages 67-68): Contains the
Coastal Resilience Index Report for the City of Clearwater that City staff
participated in on January 28, 2013.
• Appendix B — Resources for Future Vulnerability Analyses (Plan pages
69-74): This appendix serves as an aid for City staff in the development of
future vulnerability analyses. It is a detailed expansion of the brief listing
that appears in Table 2 (Chapter 3) of the Plan.
• Appendix C —Action Plan (Plan pages 75-84): To achieve the five goals
and strategies outlined in Chapter 5, the Action Plan outlines the
implementation timeline, existing plans and policies, the lead entity,
required collaboration and resources needed to accomplish each action.
The actions are based on the Steps Forward sections of Chapter 4. Some
actions should be achieved during the pre-disaster phase as mitigation
measures that increase resiliency; as these actions are accomplished,
they can be moved from the Action Plan to a record of accomplished
actions in updates to the PDRP. Other actions should be implemented
each time the City of Clearwater declares a state of emergency, as
determined necessary by the Post-Disaster Redevelopment Steering
Committee, a group consisting of City senior management staff. The
applicability of an action varies by the severity of the disaster.
• Appendix D —Accomplished Pre-Disaster Actions (Plan page 85): This
appendix is to serve as a record of PDRP pre-disaster actions from
Appendix C that have been accomplished, as the Plan is implemented and
updated.
In response to concerns, the City Manager said staff will identify sensitive areas to
Council; the plan speaks to redevelopment in the event of a disaster and there may be
areas where the public will have different expectations from the City.
Resolution 13-08 was presented and read by title only. Councilmember Doreen Hock-
DiPolito moved to adopt Resolution 13-08. The motion was duly seconded and upon
roll call, the vote was;
Council 2013-06-19 29
'Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember
Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember
Jay E. Polglaze.
"Nays": None.
11.6 Approve Clearwater Marine Aquarium's (CMA) request to subordinate the City's
reverter interest in a portion of the CMA property to a $10 million term loan and
modify the existing reverter provision to reflect same, and authorize appropriate
officials to execute same.
The Clearwater Marine Aquarium (CMA) submitted a letter to the city manager
requesting Council approval of a subordination agreement in favor of BB&T as
mortgage lender to CMA. The letter and exhibits are attached.
In 2010, CMA requested modification to the city reverter on a portion of the CMA
property on Island Estates. The city agreed to subordinate its reverter interest to
up to $8.6 million dollar loan. The current outstanding balance on that loan is
$4,606,455 with an amount remaining to be drawn of$232,724. In return for the
City's subordination, BB&T will provide the City with the right of first refusal to
acquire its first mortgage position and/or title, if applicable, to Parcels 1, 2 and 3,
should the City elect to exercise its reverter rights by paying off the existing
indebtedness in the event of the Aquarium's default or demise.
The subordination agreement included provisions preventing additional loans
secured by these parcels and included prohibitions on the replenishment of the
debt as the outstanding balance was paid down, absent City approval. That
provision is not included in the current proposed agreement.
The City will have no obligation to purchase the mortgage, nor is the City
guaranteeing any debt.
Should the Aquarium fail and/or default on the outstanding indebtedness, and
BB&T pursues its mortgage rights, the City would have the option to either
obtain control of the entire CMA campus (all Parcels) in return for payment of
the then existing debt balance, or waive this option, with BB&T then able to
proceed with foreclosure on the Parcels.
Councilmember Jay Polglaze moved to approve Clearwater Marine Aquarium's (CMA)
request to subordinate the City's reverter interest in a portion of the CMA property to a
$10 million term loan and modify the existing reverter provision to reflect same, and
authorize appropriate officials to execute same. The motion was duly seconded and
carried unanimously.
Council 2013-06-19 30
Miscellaneous Reports and Items
12. City Manager Verbal Reports
12.1 Provide direction to City Manager and Staff regarding specific events for the
City's Centennial Celebration in 2015.
Staff met individually with council members regarding events to commemorate
the City's centennial in 2015.Staff is now requesting the council indicate which
events they would like to pursue.
Legal Office Administrator Gina DeWitt provided a PowerPoint presentation.
Discussion ensued with suggestions made that events should be held monthly
throughout the year in conjunction with an existing event; main event should include
former Councilmembers, City Managers, and City Attorneys. It was suggested that a
holiday parade at Crest Lake Park be considered.
There was consensus to partner Centennial activities with existing events, pursue a
commemorative book that will be sold at cost, and coordinate an art contest with local
schools for a centennial logo.
Staff was directed to provide Council with regular updates as the planning process
progresses.
The City Manager said staff will provide Council a detailed list in the coming months.
Chunky Sunday Gatherings
Clearwater Police Chief Anthony Holloway said staff has met with groups supporting
and opposing the community gatherings. The Department will enforce the laws
regarding strippers, loud music, and drugs and drinking and enforce parking. Both
groups agreed to tow vehicles blocking the roadway.
The City Manager said anytime there is an activity that exceeds the park facility
capacity, activity organizers are advised to pursue the special events permit process.
Council 2013-06-19 31
13. Closing Comments by Mayor
Mayor George N. Cretekos reviewed recent and upcoming events.
14. Adjourn
The meeting adjourned at 9:24 p.m.
Attest
City Clerk
— Cttdr(L ^Cry' Q$
Mayor
ity of Clearwater
Council 2013 -06 -19 32
CLEARWATER CITY COUNCIL
Meeting Date: 6( / l 1 j! 3
Item #
As stated in Council Rules, "Representatives of a group may speak for three minutes plus an
additional minute for each person in the audience that waives their right to speak, up to a
maximum of ten minutes."
We the undersigned designate
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as our spokesperson and waive our right to speak.
Signature
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S: \FORMS \Public Comments at Council Meeting.doc March 18, 2008
9700 -0034
CLEARWATER CITY COUNCIL
Meeting Date: LP-1°(115
Item # 1 `1
As stated in Council Rules, "Representatives of a group may speak for three minutes plus an
additional minute for each person in the audience that waives their right to speak, up to a
maximum of ten minutes."
We the undersigned designate 4/1/1/ V ' 4//2 (please print)
as our spokesperson and waive our right to speak.
Signature
Signature
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Print Name
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Signature Print Name
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S: \FORMS \Public Comments at Council Meeting.doc March 18, 2008
9700 -0034
CLEARWATER CITY COUNCIL
Meeting Date: b7-1g ' I
Item # 4.1
As stated in Council Rules, "Representatives of a group may speak for three minutes plus an
additional minute for each person in the audience that waives their right to speak, up to a
maximum of ten minutes."
We the undersigned designate /- y.z...
as our spokesperson and waive our n t to spea
(please print)
Signature
Signature
Print Name
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Signature Print Name
Signature Print Name
Signature Print Name
Signature Print Name
S: \FORMS \Public Comments at Council Meeting.doc March 18, 2008
9700 -0034