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04/03/2014 CITY COUNCIL MEETING MINUTES CITY OF CLEARWATER April 3, 2014 Present: Mayor George N. Cretekos, Councilmember Paul Gibson, Councilmember Hoyt Hamilton, Councilmember Doreen Hock-DiPolito, Councilmember Bill Jonson, Couniclmember Jay E. Polglaze Also Present: Jill S. Silverboard - Assistant City Manager, Rod Irwin -Assistant City Manager, Dick Hull —Assistant 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— Councilmember Paul Gibson The meeting was called to order at 6:00 p.m. at City Hall. 2. Invocation - Student Pastor Justin Facenda of Calvary Baptist Church 3. Pledge of Allegiance — Councilmember Paul Gibson 4. Presentations — Given. 4.1 Farewell to Councilmember Gibson Councilmembers thanked Councilmember Gibson for his dedicated service, wished him farewell, and presented gifts of appreciation. 4.2 Oath of Office to Councilmembers Hamilton and Jonson The City Clerk administered the oaths of office to Councilmembers Bill Jonson and Hoyt Hamilton. The Council recessed from 6:23 p.m. to 6:30 p.m. 4.3 Donate Life Month Proclamation, April 2014 - Karen Brooks, Lifelink Foundation Volunteer Council 2014-04-03 1 4.4 Give Day Tampa Bay Proclamation, May 6, 2014 - Ned Pope, President of Florida NEXT 4.5 FDOT Traffic Safety Presentation - David Skrelunas, District Safety Program Manager Mr. Skrelunas provided a power point presentation and reviewed recent safety efforts to decrease fatalities. In response to questions, Mr. Skrelunas said citizens are welcome to attend monthly meetings and raise their concerns. Approximately 12,000 bike light kits have been ordered and will be distributed to local law enforcement agencies when received. Mr. Skrelunas said all users of US Highway 19 are considering during its redevelopment, to include pedestrians. Highway 19 is becoming a limited access road. Adding pedestrian crossings or overpasses in certain areas may be considered in the future. In response to concerns regarding pedestrian safety along Gulf Boulevard, Mr. Skrelunas said a red light is considered a traffic control light and in order to install the device, the site must meet a minimum traffic threshold. Yellow lights are considered a traffic beacon and used for pedestrian crossings to bring attention to road users of state pedestrian laws. Pedestrian LED curtains have not been discussed by the agency. 5. Approval of Minutes 5.1 Approve the minutes of the March 20, 2014 City Council Meeting as submitted in written summation by the City Clerk. Councilmember Bill Jonson suggested amending page 15, line 15, as follows: "Councilmember Bill Jonson moved to deny giving requested guidance to staff that would allow a marina in this location, and further to require public comment and ULI study prior to hearing the request at a future date..." Staff was directed to confirm language of original motion. Councilmember Bill Jonson moved to continue Item 5.1 to April 16, 2014. The motion was duly seconded and carried unanimously. 6. Citizens to be Heard re Items Not on the Agenda Tom Nocera expressed concern regarding the impact of people using social media to voice opposition of captive animal shows and urged Council to research the agreement between the City of Miami and the Miami Seaquarium. Council 2014-04-03 2 Frank Hibbard thanked outgoing Councilmember Paul Gibson for his service to Clearwater. He said the Clearwater Marine Aquarium (CMA) feasibility study was conducted by an independent company. Ruth Ann Morris expressed concern with the light pollution in Cooper's Bayou due to stadium lighting and requested consideration to modernize the lighting codes. Mikaila Brasick spoke in support of the equestrian contract. Joe Corvino requested Council to stop negotiations with CMA until the feasibility study is released in its entirety and independently reviewed. Public Hearings - Not before 6:00 PM 7. Administrative Public Hearings 7.1 Provide direction on the proposed First Amendment to an existing Development Agreement between Clearwater Grande LLC, (the property owner) and the City of Clearwater, providing for the allocation of up to ten units from the Hotel Density Reserve under Beach by Design where 80 units were previously obtained on June 19, 2013, for a new overall density of 125.96 units per acre where a maximum density of 150 units per acre is allowed, and confirm a second public hearing in City Council Chambers before City Council on April 16, 2014, at 6:00 p.m., or as soon thereafter as may be heard. (HDA2014-02001) 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 proposal is to amend a previously approved development agreement (DVA2013-03001) providing for the allocation of up to 10 additional units from the Hotel Density Reserve under Beach by Design where 80 units were previously obtained on June 19, 2013 for an overall density of 125.96 units per acre where a maximum density of 150 units per acre is allowed. The requested 10 units will bring the overall number of overnight accommodation rooms to 181 units with an overall density of 125.96 units per acre. The proposed density is below the maximum of 150 units per acre for properties that receive units from the Hotel Density Reserve. Council 2014-04-03 3 On February 14, 2014, a minor revision was approved that primarily reduced the mass of the building. Almost 5000 square feet of area was removed from the parking garage through improved design efficiencies and the use of mechanical lifts on the top floor of the garage. An additional 12 spaces were gained through the revisions for a total of 218 spaces where 206 were originally approved. Other minor design changes include the addition of balconies to many rooms which previously had none, a reduction in building height by three feet four inches and the addition of a roof design which better reflects the Hampton Inn and Suites prototypical roof parapet. On March 3, 2014, the property owner submitted a Flexible Development application to amend the approved development project consistent with the density changes proposed as a part of this development agreement. This First Amendment to an existing Development Agreement proposes to amend the development project to retain the existing 91-rooms in the Quality Inn and to add the requested 10 units to the 80 units already obtained from the Hotel Density Reserve to build a 90-room overnight accommodation to be known as the Hampton Inn and Suites. 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 First Amendment to the Development Agreement will be in effect for a period not to exceed ten (10) years and includes the following main provision: • Amends Section 4.2. Parking to be deleted and replaces to read as "The Project shall include 218 parking spaces, as defined in the Community Development Code, of which 211 will be provided by a parking garage with 7 additional surface spaces being provided adjacent to the parking garage. The parking garage, its accesses, and the surface spaces will be shared with the existing adjacent Quality Inn site and contains sufficient parking for both hotels." Planner Kevin Nurnberger said the current Development Agreement (DVA) was approved under the previous process that required a site plan to be approved prior to DVA approval by City Council. Section 6.1.3.2 of the approved DVA specifies that Council 2014-04-03 4 building permits shall be obtained within one year of the approval of development agreement (May 21, 2014). Section 6.1.6 (Transient Use) of the approved DVA states that "Occupancy in the overnight accommodation units from the Reserve is limited to a term of one month or 31 days, whichever is less. Nothing herein shall prevent a purchaser of a fractional share unit from owning a period of time greater than 31 days, provided every occupancy is limited to a term of one month or 31 days, whichever is less." In consultation with the City's Legal Department, the proposed First Amendment is not subject to the recent changes approved to Beach by Design in January regarding the required reservation system. Since the current DVA was approved, the new Hotel Development Agreement (HDA) process has been put in place and this First Proposed Amendment is subject to the new process that requires the HDA to be approved prior to the site plan approval. The applicant has one year from the approval of this First Amendment to get a new development order to reflect the 10 additional units (see Section Five of the proposed First Amendment). The new development order would then govern when building permits have to be attained which is consistent with that required by City Council in the new standard HDAs. In response to a question, Planning and Development Director Michael Delk said the new development order is needed to authorize the additional ten units. Councilmember Jay Polglaze moved to approve Item 7.1. The motion was duly seconded. Assistant City Attorney Leslie Dougall-Sides said Council will approve the development and adopt the associated resolution at the second public hearing. It was suggested that prior to the second public hearing, staff review the recently modified HDA approval process and the standardized language in the development agreements for density pool units, and that approving the proposed amendment with Clearwater Grande will not set a precedence for the City not to follow the modified approval process. Upon the vote being taken, the motion carried unanimously. 8. Second Readings - Public Hearing 8.1 Adopt Ordinance 8540-14 on second reading, making amendments to Article 2, Chart 2-100; Article 2, Division 1, Section 2-102; Article 2, Division 2, Section 2- 202; Article 2, Division 3, Section 2-302; Article 2, Division 4, Section 2-402; Article 2, Division 5, Section 2-502; Article 2, Division 12, Section 2-1203 and Section 2-1204; Article 3, Division 14, Section 3-1402, and Article 8, all of the Community Development Code. Council 2014-04-03 5 Ordinance 8540-14 was presented and read by title only. Councilmember Hoyt Hamilton moved to adopt Ordinance 8540-14 on second and final reading. The motion was duly seconded and upon roll call, the vote was- 'Ayes . Mayor George N. Cretekos, Councilmember Doreen Hock-DiPolito, Councilmember Hoyt Hamilton, Councilmember Bill Jonson, and Councilmember Jay E. Polglaze. "Nays": None. 8.2 Adopt Ordinance 8541-14 on second reading, annexing certain real property whose post office address is 1732 El Trinidad Drive East, Clearwater, Florida 33759, together with all Right of Way of El Trinidad Drive East abutting Lots 8 through 10, Block 2, Virginia Grove Terrace, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Ordinance 8541-14 was presented and read by title only. Councilmember Bill Jonson moved to adopt Ordinance 8541-14 on second and final reading. The motion was duly seconded and upon roll call, the vote was- 'Ayes . Mayor George N. Cretekos, Councilmember Doreen Hock-DiPolito, Councilmember Hoyt Hamilton, Councilmember Bill Jonson, and Councilmember Jay E. Polglaze. "Nays": None. 8.3 Adopt Ordinance 8542-14 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 1732 El Trinidad Drive East, Clearwater, Florida 33759, together with all Right of Way of El Trinidad Drive East abutting Lots 8 through 10, Block 2, Virginia Grove Terrace, upon annexation into the City of Clearwater, as Residential Low (RL). Ordinance 8542-14 was presented and read by title only. Councilmember Doreen Hock-DiPolito moved to adopt Ordinance 8542-14 on second and final reading. The motion was duly seconded and upon roll call, the vote was- 'Ayes . Mayor George N. Cretekos, Councilmember Doreen Hock-DiPolito, Councilmember Hoyt Hamilton, Councilmember Bill Jonson, and Councilmember Jay E. Polglaze. "Nays": None. Council 2014-04-03 6 8.4 Adopt Ordinance 8543-14 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1732 El Trinidad Drive East, Clearwater, Florida 33759, together with all Right of Way of El Trinidad Drive East abutting Lots 8 through 10, Block 2, Virginia Grove Terrace, upon annexation into the City of Clearwater, as Low Medium Density Residential L( MDR). Ordinance 8543-14 was presented and read by title only. Councilmember Jay Polglaze moved to adopt Ordinance 8543-14 on second and final reading. The motion was duly seconded and upon roll call, the vote was- 'Ayes . Mayor George N. Cretekos, Councilmember Doreen Hock-DiPolito, Councilmember Hoyt Hamilton, Councilmember Bill Jonson, and Councilmember Jay E. Polglaze. "Nays": None. 8.5 Adopt Ordinance 8544-14 on second reading, annexing certain real property whose post office addresses are 1353 Union Street, 1255 Union Street, 1964 Chenango Avenue, and 1284 Bertland Way, all in Clearwater, Florida 33755, together with the south half of the Union Street Right of Way abutting Lots 1 and 2, Block D, in Brooklawn Subdivision, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Ordinance 8544-14 was presented and read by title only. Councilmember Hoyt Hamilton moved to adopt Ordinance 8544-14 on second and final reading. The motion was duly seconded and upon roll call, the vote was- 'Ayes . Mayor George N. Cretekos, Councilmember Doreen Hock-DiPolito, Councilmember Hoyt Hamilton, Councilmember Bill Jonson, and Councilmember Jay E. Polglaze. "Nays": None. 8.6 Adopt Ordinance 8545-14 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 1353 Union Street, 1255 Union Street, 1964 Chenango Avenue, and 1284 Bertland Way, all in Clearwater, Florida 33755, together with the south half of the Union Street Right of Way abutting Lots 1 and 2, Block D, in Brooklawn Subdivision, upon annexation into the City of Clearwater, as Residential Urban (RU). Council 2014-04-03 7 Ordinance 8545-14 was presented and read by title only. Councilmember Bill Jonson moved to adopt Ordinance 8545-14 on second and final reading. The motion was duly seconded and upon roll call, the vote was- 'Ayes . Mayor George N. Cretekos, Councilmember Doreen Hock-DiPolito, Councilmember Hoyt Hamilton, Councilmember Bill Jonson, and Councilmember Jay E. Polglaze. "Nays": None. 8.7 Adopt Ordinance 8546-14 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office addresses are 1353 Union Street, 1255 Union Street, 1964 Chenango Avenue, and 1284 Bertland Way, all in Clearwater, Florida 33755, together with the south half of the Union Street Right of Way abutting Lots 1 and 2, Block D, in Brooklawn Subdivision, upon annexation into the City of Clearwater, as Low Medium Density Residential L( MDR). Ordinance 8546-14 was presented and read by title only. Councilmember Doreen Hock-DiPolito moved to adopt Ordinance 8546-14 on second and final reading. The motion was duly seconded and upon roll call, the vote was- 'Ayes . Mayor George N. Cretekos, Councilmember Doreen Hock-DiPolito, Councilmember Hoyt Hamilton, Councilmember Bill Jonson, and Councilmember Jay E. Polglaze. "Nays": None. 8.8 Adopt Ordinance 8550-14 on second reading, amending the Operating Budget for the Fiscal Year ending September 30, 2014 to reflect increases and decreases in revenues and expenditures for the General Fund, Special Development Fund, Special Program Fund, Water and Sewer Fund, Stormwater Fund, Solid Waste Fund, Recycling Fund, Gas Fund, Marine Fund, Airpark Fund, Clearwater Harbor Marina Fund, Parking Fund, General Services Fund, Garage Fund, Administrative Services Fund, and Central Insurance Fund. Ordinance 8550-14 was presented and read by title only. Councilmember Bill Jonson moved to adopt Ordinance 8550-14 on second and final reading. The motion was duly seconded and upon roll call, the vote was- 'Ayes . Mayor George N. Cretekos, Councilmember Doreen Hock-DiPolito, Councilmember Hoyt Hamilton, Councilmember Bill Jonson, and Councilmember Jay E. Polglaze. Council 2014-04-03 8 "Nays": None. 8.9 Adopt Ordinance 8551-14 on second reading, amending the Capital Improvement Budget for the Fiscal Year ending September 30, 2014, to reflect a net increase of$2,172,168. Ordinance 8551-14 was presented and read by title only. Councilmember Doreen Hock-DiPolito moved to adopt Ordinance 8551-14 on second and final reading. The motion was duly seconded and upon roll call, the vote was- 'Ayes . Mayor George N. Cretekos, Councilmember Doreen Hock-DiPolito, Councilmember Hoyt Hamilton, Councilmember Bill Jonson, and Councilmember Jay E. Polglaze. "Nays": None. City Manager Reports 9. Consent Agenda —Approved as submitted. 9.1 Approve a contract (blanket purchase order) to Office Depot, Inc. in the amount of$220,000, from April 1, 2014 through March 31, 2015, in accordance with Sec. 2.564 (1)(d) Code of Ordinances - Other Governmental Bid, and authorize the appropriate officials to execute same. (consent) 9_2 No Item 9.3 Award a Contract (Purchase Order) for$228,514.00 to Don Reid Ford, Inc. for the purchase of eleven 2014 Ford F150 Pickup trucks, in accordance with the Florida Sheriffs Association Contract 13-21-0904, 2.564(1)(d), Code of Ordinances - Other Governmental Bid; authorize lease purchase under the Citys Master Lease Purchase Agreement, or internal financing via an interfund loan from the Capital Improvement Fund, whichever is deemed to be in the Citys best interests and authorize the appropriate officials to execute same. (consent) 9.4 Award a Contract (Purchase Order) for$584,551.04 to Palmetto Ford Truck Sales of Miami, FL for the purchase of 2 Autocar Automated Side Loaders model ACX64 with New-Way 31 cubic yard body in accordance with the Florida Sheriffs Association Contract 13-11-0904 Spec 14, 2.564(1)(d), Code of Ordinances - Other Governmental Bid; authorize lease purchase under the Citys Master Lease Purchase Agreement, or internal financing via an interfund loan from the Capital Improvement Fund, whichever is deemed to be in the Citys best interests, and authorize the appropriate officials to execute same. (consent) Council 2014-04-03 9 9.5 Award a Contract (Purchase Order) for$231,426.00 to Pats Pump and Blower for one Aquatech Sewer Cleaner Body for a Public Utilities vehicle, in accordance with the Florida Sheriffs Association BID 13-11-0904, Spec 44, Page 1055; a Contract (Purchase Order) for$98,993.00 to Lou Bachrodt Freightliner for one 114SD Conventional Chassis for a Public Utilities vehicle, in accordance with the Florida Sheriffs Association BID 13-11-0904, Spec 13, in accordance with 2.564(1)(d), Code of Ordinances - Other Governmental Bid; authorize lease purchase under the Citys Master Lease Purchase Agreement, or internal financing via an interfund loan from the Capital Improvement Fund, whichever is deemed to be in the Citys best interests, and authorize the appropriate officials to execute same. (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. 10. Other Items on City Manager Reports 10.1 Ratify and confirm the City Managers approval of the First Amendment to Contract for Purchase of Real Property by the City of Clearwater for property located at 1140 Brownell Street, and authorize the appropriate officials to execute same. On November 20, 2013, City Council approved the Purchase Contract for the City's purchase of real property located at 1140 Brownell Street. The property lies among city land holdings that are currently under construction for Fire Station 45. The Purchase Contract provided for closing to occur by January 31, 2014 and contained a provision for the closing date to be extended to April 1, 2014 if the seller was unable to find a suitable alternative residence. The property owner exercised the extension option and following diligent efforts, has been unable to secure a suitable residence. The proposed amendment to the Purchase Contract provides for closing to occur no later than May 16, 2014. All other terms of the Purchase Contract remain unchanged. In response to questions, Real Estate Services Coordinator Chuck Lane said the property owner is still living in the residence. If the City is unable to close on the property purchase, the City may choose to amend or terminate the contract. The City plans to demolish and landscape the residential property as it is not incorporated in the new fire station's design. Staff anticipates opening the new fire station facility in July. Councilmember Hoyt Hamilton moved to ratify and confirm the City Managers approval of the First Amendment to Contract for Purchase of Real Property by the City of Council 2014-04-03 10 Clearwater for property located at 1140 Brownell Street, and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. 10.2 Appoint a Councilmember to serve as the Vice Mayor. As required by Section 2.05 of the City Charter, the Council shall elect one of its members as vice mayor at the first council meeting each April. Concerns were expressed with implementing a structured process that rotates among council and does not allow a councilmember to act as vice mayor in the year they are running for re-election. Support was expressed with maintaining process to elect a councilmember to serve as vice mayor. Councilmember Hoyt Hamilton moved to elect Councilmember Doreen Hock-DiPolito to serve as vice mayor. The motion was duly seconded. Mayor George Cretekos and Councilmembers Doreen Hock-DiPolito , Hoyt Hamilton, and Bill Jonson voted "Aye;" Councilmember Jay Polglaze voted "Nay." Motion passed. 10.3 Appoint Councilmembers as representatives to serve on various regional and miscellaneous boards. Councilmember Bill Jonson moved to appoint Councilmembers as representatives to serve on various regional boards as follows: Organization Delegate American Public Gas Association Cretekos Hamilton —Alternate Barrier Island Governmental Council Cretekos Hamilton —Alternate Courtney Campbell Scenic Highway Citizen Jonson Advisory Committee Homeless Leadership Board Polglaze Pinellas County Mayors' Council Cretekos Pinellas Collaborative Committee/School Transportation Safety Committee Hock-DiPolito Suncoast League of Cities Jonson Hamilton —Alternate Tampa Bay Estuary Policy Board Polglaze Tampa Bay Partnership Policy Board Cretekos Vice Mayor (Hock-DiPolito) Tampa Bay Regional Planning Council Hamilton Metropolitan Planning Organization/Pinellas Hock-DiPolito Planning Council Pension Advisory Committee Jonson Council 2014-04-03 11 Hamilton Hock-DiPolito Pinellas Suncoast Transit Authority Jonson Sister Cities Advisory Board Hamilton Downtown Development Board Ex-Officio Jonson Members Polglaze Florida League of Mayors Cretekos Tourist Development Council Cretekos US Conference of Mayors Cretekos WorkNet Pinellas Hamilton The motion was duly seconded and carried unanimously. 10.4 Confirm the winner of the Centennial Logo Contest. On June 19, 2013, the City Council approved a contest among local artists for a Centennial Logo to be featured on various signs, banners, posters, and the Centennial website. On November 22, 2013, Christopher Hubbard, Cultural Affairs Specialist, issued a call for artists to create the logo, with a closing date of January 10, 2014. In response to the Call for Artists, nine artists submitted a total of 31 prospective logos. City Staff at the MSB, City Hall, and Library voted on their favorites. Approximately 208 employees voted. Of these, Michael O'Connell's entry depicting the Courthouse, Capitol Theatre, Water's Edge and the Memorial Causeway Bridge received 173 votes for first place. Sara Mullins and iQBranding's entry depicting the bridge, a dolphin and horn received 163 votes for second place. The Centennial Committee would like to have the Council confirm its choice of Michael O'Connell's entry as the winner of the logo contest. Legal Office Administrator Gina DeWitt said Ms. Mullins' entry contains various gradations of the same color and clip art components and, if selected, would have to be redone professionally. The clip art components pixelate as the image is enlarged. Councilmember Hoyt Hamilton moved to confirm Mr. O'Connell's entry as the winner of the Centennial Logo Contest. The motion was duly seconded and carried unanimously. Miscellaneous Reports and Items 11. City Manager Verbal Reports — None. Council 2014-04-03 12 12. Closing Comments by Mayor Mayor George Cretekos reviewed recent and upcoming events. 13. Adjourn The meeting adjourned at 8:07 p.m. Attest Ed Li 41t City Clerk CtPaInCrCkfFVf or f Clearwater Council 2014 -04 -03 13