02/06/2014 CITY COUNCIL MEETING MINUTES
CITY OF CLEARWATER
IIII°°°�6biruary
Present: Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember
Doreen Hock-DiPolito, Councilmember Bill Jonson, Councilmember Jay
E. Polglaze
Also Present: Rod Irwin - Assistant City Manager, Pamela K. Akin - City Attorney,
Rosemarie Call - City Clerk, Nicole Sprague - Official Records and
Legislative Services Coordinator
To provide continuity for research, items are listed in agenda order although not
necessarily discussed in that order.
1. Call to Order— Mayor George N. Cretekos
The meeting was called to order at 6:00 p.m. at City Hall.
2. Invocation — Father Dermot Dunne from St. Cecelia Catholic Church
3. Pledge of Allegiance — Councilmember Doreen Hock-DiPolito
4. Presentations — Given.
4.1 Outback Bowl Presentation - Kevin Smith, Director, St. Petersburg/Clearwater
Sports Commission; and Chuck Riggs, Chairman, Outback Bowl Beach Day
Committee
Outback Bowl Communications Director Mike Schulze thanked the Council and city staff
for their continued support and provided Council with copies of the 2014 Outback Bowl
Highlights.
5. Approval of Minutes
5.1 Approve the minutes of the January 16, 2014 City Council Meeting as submitted
in written summation by the City Clerk.
Councilmember Bill Jonson moved to approve the minutes of the January 16, 2014 City
Council Meeting as submitted in written summation by the City Clerk. The motion was
duly seconded and carried unanimously.
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6. Citizens to be Heard re Items Not on the Agenda
Mary Kate Belniak and Mera Greg expressed concerns with the Edgewater Drive
neighborhood is being utilized as a staging area for the Idlewild/The Mall construction
project and requested the construction materials and machines be moved to a more
appropriate place.
Assistant City Manager Rod Irwin said staff was informed of the matter today and
determined it was not appropriate for the contractor to stage equipment in the
neighborhood. The contractor has been directed to relocate the staging site. Mr. Irwin
said it may take several weeks to identify an appropriate site and complete the
relocation efforts. Engineering Director Mike Quillen said the contractor is allowed to
work on weekends, subject to the City's noise ordinance. Staff has informed the
contractor of the legal working hours: 7:00 a.m. through 6:00 p.m., Monday through
Saturday. Mr. Quillen said it is the contractor's responsibility to identify a legal staging
area. The contractor hired a realtor to identify a staging site since one could not be
found within the project area. The City accepted the staging site.
Mark Bunker expressed concerns regarding alleged practices of the Church of
Scientology.
Public Hearings - Not before 6:00 PM
7. Administrative Public Hearings
7.1 Provide direction on the proposed Development Agreement between
Marquesas, LLC (the property owner) and the City of Clearwater, providing for
the allocation of up to 93 units from the Hotel Density Reserve under Beach by
Design and confirm a second public hearing in City Council Chambers before
City Council on February 20, 2014 at 6:00 p.m., or as soon thereafter as may be
heard. (HDA2013-12008)
Site Location and Existing Conditions:
The 5.31-acre site is located at the southwest corner of South Gulfview Boulevard
and Gulf Boulevard. The subject property is comprised of one parcel with a
frontage of approximately 600 feet of frontage on South Gulfview Boulevard
(north), 400 feet of frontage on Gulf Boulevard (east) and 700 feet along the
water. The site is vacant. The subject property is zoned Tourist (T) (4.38 acres)
and Open Space/Recreation (OS/R) (0.93 acres) Districts with the corresponding
underlying Future Land Use Plan (FLUP) categories of Resort Facilities High
(RFH) and Preservation (P). The subject property is also located within the South
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Beach/Clearwater Pass District of Beach by Design. Please note that with regard
to site area only the portion of the property within the T District is considered and
listed herein.
Access to the site is provided by a pair of two-way driveways along South
Gulfview Boulevard with one driveway near the northwest corner of the site and
the second two-way driveway near the northeast corner of the site (approximately
where South Gulfview Boulevard begins to curve to the south as it intersects with
Gulf Boulevard and the foot of the Sand Key Bridge). The site is currently vacant
with the exception of a small real estate sales office located at the northeast
corner of the site.
The character district is characterized by a variety of uses including overnight
accommodation, retail, outdoor recreation and entertainment, restaurant and
attached dwelling uses with heights ranging from one to 15 stories. The property
directly west of this property is developed with an overnight accommodation use.
The City's Beach Walk project has been constructed transforming South Gulfview
Boulevard to the north of this site into a winding beachside promenade with lush
landscaping, artistic touches and clear views to Clearwater's award-winning
beach and the water beyond.
Development Proposal:
The owners propose to develop the site with two primary buildings including a 74-
unit resort attached dwelling building and a 208-unit overnight accommodations
building with associated accessory uses included a restaurant, bar, fitness facility
and the like. It should be noted that on April 19, 2005 the Community
Development Board (CDB) approved a Transfer of Development Rights (TDR) of
10 units from 41 Devon Drive and three units from the Sand Pearl project located
generally at 500 Mandalay Avenue (13 dwelling units total), under the provisions
of Section 4-1402 (TDR2005-01017) as associated with applications FLD2005-
01016 and PLT2005-00002. It must be noted that the applicant is using only 12
of these dwelling units as part of the 74 proposed dwelling units because the
amount of dwelling units, which may used as part of a TDR is limited to 20 percent
of the permitted number of dwelling units. As such, for the purposes of
determining the overall intensity of use for the site, only 62 dwelling units are used
(74 less 12 equals 62).
The development is considered a mixed-use project due to the mix of residential
and non-residential units. The intensity of use for mixed use projects is
determined by calculating the amount of land area needed for one of the uses and
the applying the remaining land area to the second use. In the case of the subject
development, the development potential is determined by first calculating the
amount of land needed to support 62 dwelling units. In this case, 2.067 acres is
Council 2014-02-06 3
need to support 62 dwelling units given density of 30 units per acre. This area is
subtracted from the overall size of the site (4.38 acres) resulting in 2.313 acres.
This is then multiplied by 50 (the otherwise permitted number of hotel units
permitted per acre) which yields 115 units. This acreage is also multiplied by 90
(the maximum density for properties greater than 2.5 acres pursuant to Beach by
Design) which yields 208 units. Subtracting these two figures (208 less 115)
yields 93, which is the number of units needed from the Reserve. The proposal is
consistent with Beach by Design and the Community Development Code (CDC)
with regard to density.
As mentioned, the current proposal is to develop the site with two primary
buildings including a 74-unit resort attached dwelling building (including 12 units
transferred to the site previously) and a 208-unit overnight accommodations
building with associated accessory uses included a restaurant, bar, fitness facility
and the like, including the allocation of up to 93 rooms from the Hotel Density
Reserve. The Overnight Accommodation and Resort Attached Dwelling building
will be 150 feet (from Base Flood Elevation) to flat roof(15 stories) with an
additional 13 feet for mechanical equipment and architectural details. A parking
garage containing 265 spaces serving the Overnight Accommodation use will be
just over 73 feet with an additional 13 feet for mechanical equipment and
architectural details. An additional 50 spaces are accommodated within structured
parking associated with the Resort Attached Dwelling building. Finally, 97 spaces
are provided with surface parking throughout the site. The proposal includes a
tropical modern architecture, which is consistent with and complements the
tropical vernacular envisioned in Beach by Design.
Consistency with the Community Development Code:
Minimum Lot Area and Width: Pursuant to CDC Tables 2-802 and 803, the
minimum lot area for Mixed Uses is between 5,000 and 10,000 square feet. The
subject property is 190,923 square feet in area. Pursuant to the same Table, the
minimum lot width for Mixed Uses can range between 50 and 100 feet. The lot
width of this site along South Gulfview Boulevard is approximately 600 feet. The
proposal is consistent with these Code provisions.
Minimum Setbacks: The conceptual site plan depicts a front (north) setback of 15
feet to parking garage, 95 feet to Overnight Accommodation use and five feet to
parking, a front (east) setback of 85 feet to Resort Attached Dwelling and zero
feet to paved parking and covered parking structure, a side (west) setback of 17
feet to building (parking garage) and side (south) setback of 25 feet to parking
garage, 51 feet to Overnight Accommodation use, 20 feet to Resort Attached
Dwelling use, zero feet to patio, seven feet to pool and 12 feet to parking. The
proposed setbacks may be approved as part of a Level One Flexible Standard
Development application, subject to meeting the applicable flexibility criteria of the
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Community Development Code (CDC) and notwithstanding other development
parameters such as height.
Maximum Height: Pursuant to the Clearwater Pass District Character District
standards of Beach by Design and that the owners are requesting up to 93 hotel
rooms from the Hotel Density Reserve, the maximum height of the hotel can be
up to 150 feet provided that there are no more than four buildings above 100 feet
in height within 800 feet of the proposed building. The applicant has proposed a
building 150 feet (from Base Flood Elevation) to flat roof (15 stories) with an
additional 13 feet for mechanical equipment and architectural details. Buildings
less than 100 feet in height may be located without limitation although any height
above 100 feet must be requested through a Level Two Flexible Development
application, subject to meeting the applicable flexibility criteria of the CDC. The
height of the proposed building is generally consistent with the guidelines of
Beach by Design.
Minimum Off-Street Parking: The 208-room Overnight Accommodation use
requires a minimum of 250 off-street parking spaces and the 74-unit Resort
Attached Dwelling use requires a minimum of 111 spaces. A total of 361 spaces
are required where 421 spaces are provided. The conceptual site plan includes a
parking garage containing 265 spaces serving the Overnight Accommodation use,
50 spaces within structured parking associated with the Resort Attached Dwelling
building and 97 spaces provided via surface parking throughout the site. The
number of parking spaces is consistent with the CDC.
Landscaping: While a formal landscape plan is not required to be submitted for
review at this time, the conceptual landscape areas depicted on the site plan
show that foundation landscaping between five and 15 feet in width will be
provided along the street-facing facades of all buildings. In addition, landscape
buffers generally five feet in width will be provided along most of the frontage of
the site along South Gulfview Boulevard and Gulf Boulevard. A portion of the
parking lot along the east side of the site approximately 100 feet in length has a
setback of zero feet. A Comprehensive Landscape Program application will be
required to address this however this reduction in buffer width appears reasonable
given that this area is adjacent to the bridge embankment and a landscape buffer
in this area would not serve any practicable purpose. Generally, the proposed
landscape areas meet or exceed what is otherwise required. As noted, however,
flexibility may be requested/necessary as part of a Comprehensive Landscape
Program which would be reviewed at time of formal site plan approval.
Consistency with Beach by Design:
Design Guidelines: A review of the provided architectural elevations and massing
study was conducted and the proposed building does appear to be generally
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consistent with the applicable Design Guidelines established in Beach by Design.
It is noted, however, that a more formal review of these Guidelines will need to be
conducted as part of the final site plan approval process.
Hotel Density Reserve: The project has been reviewed for compliance with those
criteria established within Beach by Design concerning the allocation of hotel
rooms from the Reserve. The project appears to be generally consistent with
those criteria, including that the development comply with the Metropolitan
Planning Organization's (MPO) Countywide approach to the application of traffic
concurrency management for transportation facilities. The submitted Traffic
Impact Study concludes that traffic operations at nearby intersections and on
adjacent roadways would continue at acceptable levels of service.
Standards for Development Agreements: 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 rooms from the Hotel Density
Reserve under Beach by Design and includes the following main provisions:
• Provides for the allocation of up to 93 units from the Hotel Density Reserve
or a maximum density of 90 units per acre;
• Requires the developer to obtain building permits and certificates of
occupancy in accordance with (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.
Changes to Development Agreements:
Pursuant to Section 4-606.1., CDC, a Development Agreement may be amended
by mutual consent of the parties, provided the notice and public hearing
requirements of Section 4-206 are followed. Revisions to conceptual site plans
and/or architectural elevations attached as exhibits to this Development
Agreement shall be governed by the provisions of Section 4-406, CDC. Minor
revisions to such plans may be approved by the Community Development
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Coordinator. Other revisions not specified as minor shall require an amendment
to this Development Agreement.
In response to questions, Planner Mark Parry said the proposed project would provide
421 parking spaces; 361 parking spaces are required. The parking garage will contain
265 spaces, 50 spaces will be contained in the structured parking associated with the
resort attached dwelling under the building. There will be 97 surface parking spaces.
Applicant representative Ed Armstrong said the proposed project is consistent with
Beach by Design and the applicant understands the project must undergo the site plan
review process.
A concern was expressed with the proposed surface parking.
8. Quasi-judicial Public Hearings
8.1 Approve a Future Land Use Map amendment from the Residential/Office
General (R/OG) classification to the Commercial General (CG) and
Residential/Office/Retail (R/O/R) classifications and a Zoning Atlas amendment
from the Office (0) District to the Commercial (C) District for property located at
18820, 18830, 18840, 18850, and 18860 US Highway 19 and portion of 18946
US Highway 19 (consisting of a portion of Section 19, Township 29 South,
Range 16 East), and pass Ordinances 8512-14 and 8513-14 on first reading.
(LUP2013-10006 and REZ2013-10006)
This future land use map amendment and rezoning application involves a 7.17-
acre property located on the west side of US Highway 19, north of Nursery Road.
The property is comprised of one 6.21-acre parcel, which contains five single-
story office buildings and a 0.96-acre portion of an adjacent parcel containing self-
storage/warehouse units. This property has a Future Land Use Map classification
of Residential/Office General (R/OG) and zoning designation of Office (0). The
applicant is requesting to amend the Future Land Use Map classification to the
Commercial General (CG) and Residential/Office/Retail (R/O/R) classifications
and the zoning district to the Commercial (C) District.
The applicant owns an existing automotive dealership immediately to the north of
the subject property, and would like to expand the business through the purchase
of the 6.21-acre parcel to the south/southwest (contract pending). The owners of
the parcel wrapping the dealership to the north and west (0.96-acre portion
included in application), which will remain under separate ownership and continue
to operate with a warehouse use, are part of the application to ensure that any
approved changes to the City's Future Land Use Map and Zoning Atlas result in
consistent classifications of the properties in this area. The City's adopted US 19
Corridor Redevelopment Plan envisions areas in-between the major intersections
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of US Highway 19 (centers) transforming from strip commercial to a wider range
of land uses, including offices and higher density residential development,
recognizing that direct access to these sites has been limited by the US Highway
19 improvements.
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.
• 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 Commercial (C) District are compatible with uses
in the surrounding area.
• The proposed Commercial (C) District boundaries are appropriately drawn.
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 land use map
amendment 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 January 21, 2014. The Planning and Development Department will
report its recommendation at the February 6, 2014 City Council meeting.
In response to questions, Planning and Development Director Michael Delk said the
future land use will be a combination of Commercial general and
Residential/Office/Retail (R/O/R). The zoning map depicts commercial on the balance
of the entire property. The future land use map includes a transitional land use category
for less intense uses and the applicant is recognizing the potential use. The City
Attorney said although the zoning categories are uniform across the site, because there
are two land use categories, the development that can occur on those two would be
somewhat different. The R/O/R would have a lesser intensity and density applied.
Council 2014-02-06 8
Councilmember Jay Polglaze moved to approve a Future Land Use Map amendment
from the Residential/Office General (R/OG) classification to the Commercial General
(CG) and Residential/Office/Retail (R/O/R) classifications and a Zoning Atlas
amendment from the Office (0) District to the Commercial (C) District for property
located at 18820, 18830, 18840, 18850, and 18860 US Highway 19 and portion of
18946 US Highway 19 (consisting of a portion of Section 19, Township 29 South,
Range 16 East). The motion was duly seconded and carried unanimously.
Ordinance 8512-14 was presented and read by title only. Vice Mayor Paul Gibson
moved to pass Ordinance 8512-14 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, Councilmember Jay E.
Polglaze
"Nays": None
Ordinance 8513-14 was presented and read by title only. Councilmember Bill Jonson
moved to pass Ordinance 8513-14 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, Councilmember Jay E.
Polglaze
"Nays": None
8.2 Approve a Future Land Use Map amendment from the Recreation/Open Space
(R/OS) classification to the Institutional (1) classification and a Zoning Atlas
amendment from the Open Space/Recreation (OS/R) District to the Institutional
(1) District for property located at 2650 Sabal Springs Drive (consisting of a
portion of Section 29. Township 28 South, Range 16 East), and pass Ordinances
8514-14 and 8515-14 on first reading. (LUP2013-08005 and REZ2013-08004)
This future land use map amendment and rezoning application involves a 2.13-
acre property located at the end of Sabal Springs Drive, 0.2 miles west of
Countryside Boulevard. The site, owned by the City of Clearwater, is located
within the existing Countryside Recreation Center property. This property has a
Future Land Use Map classification of Recreation/Open Space (R/OS) and zoning
designation of Open Space/Recreation (OS/R). The applicant is requesting to
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amend the Future Land Use Map classification and the zoning district to the
Institutional (1) District.
The subject property is located just east of the existing recreation center building,
and south of the existing property's outdoor recreational facilities. The City
recently selected the subject property as a site for a newly constructed
Countryside Library, and identified that the library would require 2.13 acres (or 10
percent) of the existing recreation center property. Libraries are a governmental
use, which are not a permitted use in the Open Space/Recreation (OS/R) Zoning
classification; therefore an amendment to Institutional (1) is required in order to
build a library to complement the services provided by the recreation center as
well as to provide desirable services to adjacent residential areas. Although no
development plans have been submitted, the application indicated that the library
will be a 22,000 square foot one-story building.
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.
• 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 uses in
the surrounding area.
• The proposed Institutional (1) District boundaries are appropriately drawn.
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 land use map
amendment 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 January 21, 2014. The Planning and Development Department will
report its recommendation at the February 6, 2014 City Council meeting.
One individual spoke in opposition.
Council 2014-02-06 10
Councilmember Doreen Hock-DiPolito moved to approve a Future Land Use Map
amendment from the Recreation/Open Space (R/OS) classification to the Institutional (1)
classification and a Zoning Atlas amendment from the Open Space/Recreation (OS/R)
District to the Institutional (1) District for property located at 2650 Sabal Springs Drive
(consisting of a portion of Section 29. Township 28 South, Range 16 East). The motion
was duly seconded and carried unanimously.
Ordinance 8514-14 was presented and read by title only. Councilmember Jay E.
Polglaze moved to pass Ordinance 8514-14 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, Councilmember Jay E.
Polglaze
"Nays": None
Ordinance 8515-14 was presented and read by title only. Vice Mayor Paul Gibson
moved to pass Ordinance 8515-14 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, Councilmember Jay E.
Polglaze
"Nays": None
9. Second Readings - Public Hearing
9.1 Continue Second Reading of Ordinance 8512-14 to February 20, 2014.
(LUP2013-10006/REZ2013-10006)
Councilmember Bill Jonson moved to continue Second Reading of Ordinance 8512-14
to February 20, 2014. The motion was duly seconded and carried unanimously.
9.2 Continue Second Reading of Ordinance 8513-14 to February 20, 2014.
(LUP2013-10006/REZ2013-10006)
Councilmember Doreen Hock-DiPolito moved to continue Second Reading of
Ordinance 8513-14 to February 20, 2014. The motion was duly seconded and carried
unanimously.
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9.3 Continue Second Reading of Ordinance 8514-14 to February 20, 2014.
(LU P2013-08005/REZ2013-08004)
Vice Mayor Paul Gibson moved to continue Second Reading of Ordinance 8514-14 to
February 20, 2014. The motion was duly seconded and carried unanimously.
9.4 Continue Second Reading of Ordinance 8515-14 to February 20, 2014.
(LU P2013-08005/REZ2013-08004)
Councilmember Bill Jonson moved to continue Second Reading of Ordinance 8515-14
to February 20, 2014. The motion was duly seconded and carried unanimously.
9.5 Continue Second Reading of Ordinance 8535-14 to February 20, 2014:
Approving for MarineMax, Inc. an exemption from certain ad valorem taxation.
Councilmember Doreen Hock-DiPolito moved to continue Item 9.5 to February 20,
2014. The motion was duly seconded and carried unanimously.
9.6 Adopt Ordinance 8527-14 on second reading, annexing certain real property
whose post office address is 1944 Macomber Avenue, together with all abutting
right-of-way of Macomber Avenue, into the corporate limits of the city and
redefining the boundary lines of the city to include said addition.
Ordinance 8527-14 was presented and read by title only. Councilmember Jay Polglaze
moved to adopt Ordinance 8527-14 on second and final reading. The motion was duly
seconded and upon roll call, the motion was-
'Ayes . Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember
Doreen Hock-DiPolito, Councilmember Bill Jonson, Councilmember Jay E.
Polglaze
"Nays": None
9.7 Adopt Ordinance 8528-14 on second reading, amending the future land use plan
element of the Comprehensive Plan of the city to designate the land use for
certain real property whose post office address is 1944 Macomber Avenue,
together with all abutting right-of-way of Macomber Avenue, upon annexation
into the City of Clearwater, as Residential Urban (RU).
Council 2014-02-06 12
Ordinance 8528-14 was presented and read by title only. Vice Mayor Paul Gibson
moved to adopt Ordinance 8528-14 on second and final reading. The motion was duly
seconded and upon roll call, the motion was-
'Ayes . Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember
Doreen Hock-DiPolito, Councilmember Bill Jonson, Councilmember Jay E.
Polglaze
"Nays": None
9.8 Adopt Ordinance 8529-14 on second reading, amending the Zoning Atlas of the
city by zoning certain real property whose post office address is 1944 Macomber
Avenue, together with all abutting right-of-way of Macomber Avenue, upon
annexation into the City of Clearwater, as Low Medium Density Residential
L( MDR).
Ordinance 8529-14 was presented and read by title only. Councilmember Bill Jonson
moved to adopt Ordinance 8529-14 on second and final reading. The motion was duly
seconded and upon roll call, the motion was-
'Ayes . Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember
Doreen Hock-DiPolito, Councilmember Bill Jonson, Councilmember Jay E.
Polglaze
"Nays": None
9.9 Adopt Ordinance 8530-14 on second reading, annexing certain real property
whose post office addresses are 1819 Carlton Drive, 2743/2745 South Drive,
2751/2753 South Drive, 2718 Woodring Drive, 2715 Woodring Drive, 1801
Skyland Drive, 1881 Diane Drive, 2719 Morningside Drive, 2725 Morningside
Drive, 1761 Owen Drive, 1753 Lucas Drive and 1750 Evans Drive, together with
certain abutting rights-of-way of Morningside Drive, Woodring Drive, Diane Drive,
South Drive and Evans Drive, into the corporate limits of the city and redefining
the boundary lines of the city to include said addition.
Ordinance 8530-14 was presented and read by title only. Councilmember Doreen
Hock-DiPolito moved to adopt Ordinance 8530-14 on second and final reading. The
motion was duly seconded and upon roll call, the motion was-
'Ayes . Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember
Doreen Hock-DiPolito, Councilmember Bill Jonson, Councilmember Jay E.
Polglaze
Council 2014-02-06 13
"Nays": None
9.10 Adopt Ordinance 8531-14 on second reading, amending the future land use plan
element of the Comprehensive Plan of the city to designate the land use for
certain real property whose post office addresses are 1819 Carlton Drive,
2743/2745 South Drive, 2751/2753 South Drive, 2718 Woodring Drive, 2715
Woodring Drive, 1801 Skyland Drive, 1881 Diane Drive, 2719 Morningside Drive,
2725 Morningside Drive, 1761 Owen Drive, 1753 Lucas Drive and 1750 Evans
Drive, together with certain abutting rights-of-way of Morningside Drive,
Woodring Drive, Diane Drive, South Drive and Evans Drive, upon annexation
into the City of Clearwater, as Residential Low (RL), Residential Medium (RM),
Preservation (P), and Drainage Feature Overlay.
Ordinance 8531-14 was presented and read by title only. Councilmember Jay Polglaze
moved to adopt Ordinance 8531-14 on second and final reading. The motion was duly
seconded and upon roll call, the motion was-
'Ayes . Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember
Doreen Hock-DiPolito, Councilmember Bill Jonson, Councilmember Jay E.
Polglaze
"Nays": None
9.11 Adopt Ordinance 8532-14 on second reading, amending the Zoning Atlas of the
city by zoning certain real property whose post office addresses are 1819
Carlton Drive, 2743/2745 South Drive, 2751/2753 South Drive, 2718 Woodring
Drive, 2715 Woodring Drive, 1801 Skvland Drive, 1881 Diane Drive, 2719
Morningside Drive, 2725 Morningside Drive, 1761 Owen Drive, 1753 Lucas Drive
and 1750 Evans Drive, together with certain abutting rights-of-way of
Morningside Drive, Woodring Drive, Diane Drive, South Drive and Evans Drive,
upon annexation into the City of Clearwater, as Low Medium Density Residential
(LMDR) Medium Density Residential (MDR), and Preservation (P).
Ordinance 8532-14 was presented and read by title only. Vice Mayor Paul Gibson
moved to adopt Ordinance 8532-14 on second and final reading. The motion was duly
seconded and upon roll call, the motion was-
'Ayes . Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember
Doreen Hock-DiPolito, Councilmember Bill Jonson, Councilmember Jay E.
Polglaze
Council 2014-02-06 14
"Nays": None
City Manager Reports
10. Consent Agenda —Approved as submitted
10.1 Continue to February 20, 2014: Approve the Business Maintenance and
Continued Performance Agreement with MarineMax, Inc., which establishes
certain conditions including capital investment, new mob creation, minimum
annual average wage thresholds for new employees, and other considerations
as required by the City's enactment authority and reflected in Ordinance 8535-
14, and authorize the appropriate officials to execute same. (consent)
10.2 Approve settlement of the liability claim of Mr. Jameel Zabadi for payment of
$57,500 and authorize the appropriate officials to execute same. (consent)
10.3 Approve renewal of the Clearwater Community Sailing Association (CCSA)
Management Agreement, for five years, for the total sum of$78,000, plus annual
Consumer Price Index (CPI) increases and authorize the appropriate officials to
execute same. (consent)
10.4 Approve the First Amendment to Revocable License Agreement between the
City and Emerald Coast Bungee, Inc., to clarify language regarding sales tax
provisions and employee background screening, and authorize the appropriate
officials to execute same. (consent)
10.5 Declare the 2001 Barber Beach Rake (G2376) and the 2008 John Deere
Tractors (G3549 and G3550), surplus to the needs of the City to be used for
trade in value to purchase a new Barber Beach Rake and Tractors to maintain
Clearwater Beach. (consent)
10.6 Approve that a Restrictive Covenant be placed upon certain city-owned land,
requiring that the land and associated improvements, commonly known as Ruth
Eckerd Hall, be used as a cultural facility for ten years from the effective date of
an underlying grant agreement between Ruth Eckerd Hall, Inc. and the State of
Florida, Department of State, Division of Cultural Affairs (FDCA) for the Cultural
Facilities Grant in the amount of$500,000 for the renovation of the Murray
Studio Theatre at Ruth Eckerd Hall, and authorize the appropriate officials to
execute same. (consent)
10.7 Approve the grant of an Ingress/Egress Easement to Taub Entities, LLC,
providing for pedestrian access over and across certain beach property
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westward of 1590 Gulf Blvd., Clearwater, with the recording of said easement
being subject to the City taking fee simple title to the subject property; and
authorize the appropriate officials to execute same. (consent)
10.8 Approve the use of the $87,000 from the City of Clearwater's General Fund
Reserves to support the overtime expenses related to Human Trafficking
Investigations. (consent)
10.9 Approve the conveyance of a Distribution Easement be granted to Duke Energy
for the installation of electrical facilities to provide service to a production well at
Del Oro Park, to be executed and recorded at such time as the as-built location
of such facilities is available; and authorize the appropriate officials to execute
same. (consent)
10.10 Accept a Drainage and Utilities Easement conveyed by the owner of real
Property located at 619 S. Gulfview Boulevard over a portion of said property.
consent
10.11 Award a construction contract to All American Concrete, Incorporated of Largo,
Florida, for Woodlawn Terrace Floodplain Storage (11-0028-EN) in the amount
of$855,233.60, which is the lowest responsible bid received in accordance with
plans and specifications including $27,400 for alternate bid items; approve
Southwest Florida Water Management District (SWFWMD) Cooperative Funding
Agreement; approve Engineer of Record (EOR) Supplemental Work Order to
King Engineering in the amount of$51,386 for limited Construction Engineering
Services (CES) and authorize the appropriate officials to execute same.
consent
It was stated that recent newspaper article incorrectly reported the acreage associated
with Item 10.7. The City will be receiving .41 acres, not 4.1 acres.
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.
11. Other Items on City Manager Reports
11.1 Encourage local retailers who sell tobacco products to cease the sale and
marketing of flavored tobacco products within the City of Clearwater and adopt
Resolution 14-07.
At the January 16, 2014 council meeting, the Students Working Against Tobacco
presented information regarding the dangers associated with tobacco exposure
Council 2014-02-06 16
and their efforts to cease the marketing and promotion of tobacco products to
youth.
Council directed staff to draft a resolution urging local tobacco retailers to stop
the sale and marketing of flavored tobacco products within the City of Clearwater.
Vice Mayor Paul Gibson moved to encourage local retailers who sell tobacco products
to cease the sale and marketing of flavored tobacco products within the City of
Clearwater. The motion was duly seconded and carried unanimously.
Resolution 14 -07 was presented and read by title only. Councilmember Jay Polglaze
moved to adopt Resolution 14 -07. 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, Councilmember Jay E.
Polglaze
"Nays ": None
Miscellaneous Reports and Items
12. City Manager Verbal Reports — None.
13. Closing Comments by Mayor
Mayor George Cretekos reviewed recent and upcoming events.
14. Adjourn
The meeting adjourned at 7:25 p.m.
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Council 2014 -02 -06 17