03/20/2008
CITY COUNCIL MEETING MINUTES
CITY OF CLEARWATER
March 20, 2008
Present: Frank Hibbard Mayor
John Doran Vice-Mayor
Carlen Petersen Councilmember
George N. Cretekos Councilmember
Paul Gibson Councilmember
Also present: William B. Horne II City Manager
Jill S. Silverboard Assistant City Manager
Rod Irwin Assistant City Manager
Pamela K. Akin City Attorney
Cynthia E. Goudeau City Clerk
Patricia O. Sullivan Board Reporter
The Mayor called the meeting to order at 6:00 p.m. at City Hall. The invocation was
offered by Reverend Doctor John R. Thompson from Countryside Christian Center. The Mayor
led the Pledge of Allegiance.
To provide continuity for research, items are in agenda order although not
necessarily discussed in that order.
4 - Presentations:
4.1 Accept Rebate Check in the amount of $65,761.37 from Bank of America due to P-card and
E-pay transactions.
Finance Director Margie Simmons reviewed the program’s background and thanked staff
efforts.
4.3 Imperial Park Homeowners Association to present award to Fire Department
The Imperial Park Homeowners Association presented a $250 File of Life Program
check.
4.4 Recognition of US Coast Guard Auxiliary, Division 11, District 7 (West Coast Florida) -
Winners of 2007 International Search and Rescue competition
4.5 Lighthouse of Pinellas Foundation
Daniel T. Mann, President and CEO, reviewed Lighthouse of Pinellas Foundation efforts
to provide services for vision impaired individuals in Pinellas County.
5 - Approval of Minutes
5.1 Approve the minutes of the March 6, 2008 City Council meeting as submitted in written
summation by the City Clerk.
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Councilmember Petersen moved to approve the minutes of the March 6, 2008, City
Council Meeting as recorded and submitted in written summation by the City Clerk to each
Councilmember. The motion was duly seconded and carried unanimously.
6 - Citizens to be Heard re Items Not on the Agenda
Lucille Casey, representing Del Oro Groves Homeowners Association, requested the
City fence the playground on McMullen-Booth Road.
David Reid requested the City retain Woodgate Park restrooms.
These issues will be agendaed for Work Session discussion.
Public Hearings - Not before 6:00 p.m.
7 - Administrative Public Hearings
7.1 Approve Amendments to the Clearwater Comprehensive Plan related to the Coastal High
Hazard Area provisions of the Coastal Management Element and Pass Ordinance 7917-08 on
first reading.
Planning Director Michael Delk requested this item be continued to April 17, 2008. Ed
Armstrong, Morton Plant Hospital representative, said the hospital is working with staff to meet
its needs.
Councilmember Doran moved to continue Item 7.1 to April 17, 2008. The motion was
duly seconded and carried unanimously.
7.2 Approve amendments to the Future Land Use Element of the Clearwater Comprehensive
Plan related to the adoption of alternative density and intensity standards for overnight
accommodations, and the addition of an objective and policies pertaining to tourism, and Pass
Ordinance 7924-08 on first reading.
Mr. Delk requested that this item be continued to April 17, 2008, so that staff can
address PPC (Pinellas Planning Council) comments.
One person supported expanding the increased density citywide; one person opposed
increasing density on Sand Key.
Councilmember Cretekos moved to continue Item 7.2 to April 17, 2008. The motion was
duly seconded and carried unanimously.
7.3 Approve amendments to Beach by Design: A Preliminary Design for Clearwater Beach and
Design Guidelines that establish the Hotel Density Reserve and associated criteria for
allocation, and Pass Ordinance 7925-08 on first reading.
Mr. Delk requested that this item be continued to April 17, 2008.
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Four people commented with recommendations to allow more TDRs (Transfers of
Development Rights) and height up to 150 feet, to permit unit pool participation by parcels
smaller than 0.75 acre, and to encourage hotel development in the “Old Florida” district.
Councilmember Gibson moved to continue Item 7.3 to April 17, 2008. The motion was
duly seconded and carried unanimously.
7.4 Approve amendments to the Community Development Code to adopt alternative densities
and intensities for overnight accommodations, to improve the criteria by which overnight
accommodations are permitted, to adopt criteria for indoor recreation/entertainment uses where
none previously existed, to further the consistency between the Community Development Code
and the Clearwater Comprehensive Plan, and to make other minor editorial changes, and Pass
Ordinance 7926-08 on first reading.
Mr. Delk requested that this item be continued to April 17, 2008. The portion of the item
related to 8.5 will be pulled to expedite amendments.
Councilmember Petersen moved to continue Item 7.4 to April 17, 2008, with the portion
related to 8.5 pulled to expedite amendments to the Community Development Code and area
FLUP (Future Land Use Plan) to add commercial zoning. The motion was duly seconded and
carried unanimously.
8- Quasi-judicial Public Hearings
Councilmember Petersen moved to hear Items 8.1 through 8.5 out of agenda order. The
motion was duly seconded and carried unanimously.
8.1 Approve the Annexation, Land Use Plan Amendment from the Residential Suburban (RS)
(City and County) category to the Residential Low (RL) and Institutional (I) category, Zoning
Atlas Amendment from the A-E Agricultural Estate District (County) and Low Density Residential
(LDR) District (City) to the Low Medium Density Residential (LMDR) and Institutional (I) Districts
(City) for property located at 3280/3290 McMullen-Booth Road (consisting of two parcels of land
including Lot 1 Geiger Tract and the east 308.25 feet of the Northwest ¼ of the Northwest ¼ of
Sec. 21-28-16 less the south 208.75 feet and less the west 84 feet and less the east 100 feet
thereof for road right-of-way and Pass Ordinances 7942-08, 7943-08 and 7944-08 on first
reading. (ANX2005-02003 and LUZ2005-02002)
Mr. Delk requested that Items 8.1 – 8.4 be continued to April 17, 2008.
The applicant’s representative was amendable to the continuance.
Councilmember Doran moved to continue Item 8.1 to April 17, 2008. The motion was
duly seconded and carried unanimously.
8.2 Approve the Petition for Future Land Use Plan Amendment from County Residential Urban
(RU) to City Residential/Office General (R/OG) and Zoning Atlas Amendment from the County
R-3, Single-Family Residential District, to the City Office (O) District for 2723 SR 580 (Lot 5
Block 1 Acker’s Subdivision in Sec. 28-28-16); By Ordinance 7941-08, Rescind Ordinances
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7405-05 and 7406-05 and Pass Ordinances 7922-08 and 7923-08 on first reading. (LUZ2004-
11007)
Councilmember Cretekos moved to continue Item 8.2 to April 17, 2008. The motion was
duly seconded and carried unanimously.
8.3 Approve a Future Land Use Plan Amendment from the Residential Urban (RU) and
Institutional (I) Classifications to the Residential Medium (RM) Classification and a Zoning Atlas
Amendment from the Institutional (I) District to the Medium Density Residential (MDR) District
for property located at 802, 826, and 830 Woodlawn Street and an unaddressed parcel
designated as Sec 22-29-15 M&B 32.20 (consisting of a portion of property located in M&B
32/02, 32/03 and 32/07, in Sec 22-29-15); and Pass Ordinances 7945-07 and 7946-07 on first
reading. (LUZ2006-08006)
Duke Tieman, neighborhood representative, did not object to the continuance.
Councilmember Gibson moved to continue Item 8.3 to April 17, 2008. The motion was
duly seconded and carried unanimously.
8.4 Approve a Future Land Use Plan Amendment from the Industrial Limited (IL) Classification
to the Commercial General (CG) Classification and a Zoning Atlas Amendment from the
Industrial, Research and Technology (IRT) District to the Commercial (C) District for property
located at 1500, 1510, 1520, 1530, 1540, 1550, 1560, 1570, 1580, 1590, 1600, 1610 and 1620
McMullen Booth Road (Lot 1, South Oaks Fashion Square, Sec 09-29-16); and Pass
Ordinances 7920-08 and 7921-08 on first reading. (LUZ2007-07005)
Councilmember Petersen moved to continue Item 8.4 to April 17, 2008. The motion was
duly seconded and carried unanimously.
8.5 Approve a Zoning Atlas Amendment from Business (B) District to the Tourist (T) District for
property located at 1241, 1261 and 1281 Gulf Boulevard (consisting of Lot 1, Subdivision of
Radisson Bayside Hotel, in Sec 20-29-16) and Pass Ordinance 7909-08 on first reading.
(REZ2007-10001
This Zoning Atlas Amendment application involves one property of approximately 2.94
acres in an area located on the southeast side of Gulf Boulevard, approximately 2,900 feet
south of Clearwater Pass Bridge as well as the adjacent right-of-way of 0.75 acre. This property,
known as the Shoppes on Sand Key, has a FLUP (Future Land Use Plan) classification of
Resort Facilities High (RFH) and a zoning designation of Business (B).
The City dissolved the B District in 1972. The B designation was the result of a lawsuit
settlement stipulation on October 17, 1986 and expired on October 17, 2006. In effect, there is
no zoning on the property and the applicant is requesting to amend the Zoning Atlas from the B
designation to the Tourist (T) designation in order to have a zoning designation that is
consistent with the RFH FLUP.
The Planning Department determined that the proposed rezoning application is
consistent with the following standards specified in the Community Development Code: 1) The
proposed rezoning application is consistent with the Comprehensive Plan; 2) The proposed use
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is compatible with the surrounding area; 3) Sufficient public facilities are available to serve the
property; and 4) The applications will not have an adverse impact on the natural environment.
The CDB reviewed this application at its meeting on February 20, 2008. There was a
lengthy public hearing and all who participated in the hearing supported denial of the
application. A motion was made by the Board to deny the application but no action occurred
due to a 3 to 3 vote. The Board considered another motion at its March 18, 2008, meeting and
recommended to deny the request by a vote of 4:2.
The City Attorney reported an ethics opinion has been received indicating
Councilmember Cretekos does not have a conflict of interest based on his residence on Sand
Key. The Mayor said he and the other Councilmembers had spoken in generalities to people
regarding this item but they did not participate in any ex-parte conversations.
Michael Foley, representative for the applicant, supported the staff report. He said the
height and uses of nearby structures are consistent with Tourist zoning and the designation will
not increase traffic nor ruin nearby property values. He said the Shoppes of Sand Key attract
insufficient business to prosper, vacancies exist, and with increasing insurance costs, tenants
are unable to pay their rent. He said commercial zoning would require the ability for many
people to visit the property, which is not the case for this location. He said no development is
proposed. He said his client has a right to the reasonable use of the property.
Mr. Delk said Item 7.4 would add commercial zoning to the area FLUP. He reviewed
problematic uses allowed under commercial zoning. The City Attorney said if the request is
denied, the property could continue with its current non-conforming use and the property owner
could litigate. The City cannot guarantee continuation of the current use.
Discussion ensued regarding a NCOD (Neighborhood Conservation Overlay District)
and its arduous process. Mr. Delk said no analysis has been done to determine if Sand Key
meets NCOD criteria. Currently, three Sand Key properties are zoned for hotels: Sheraton,
Marriott, and Cabana Club.
Three people spoke in opposition to the request.
The Council recessed from 7:38 to 7:47 p.m.
Twenty-two people spoke in opposition to the request.
Mr. Foley said the request is consistent with the FLUP and Code and requested that the
Council base their decision on information provided.
Discussion ensued regarding citizen input with comments that City taxes do not support
local schools, Sand Key beaches are public, tourists do not bring crime, and hotel development
agreements are cognizant of storm related issues. The City Attorney said denying this request
and later approving a commercial designation would not be considered spot zoning. She noted
that the record from the Community Development Board meeting is part of the record.
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Discussion ensued. Some Councilmembers believe substantial competent evidence
presented to the CDB demonstrated that Tourist zoning would conflict with the needs and
character of the neighborhood and City. It was reported City Council is in the process of adding
a zoning classifications to be more consistent with the Comprehensive Plan. It was hoped a
compromise would serve the interests of the community and City. Concern was expressed that
the Code indicates the City Council can only approve Tourist zoning. It was stated with only
40% of Sand Key properties homesteaded, the neighborhood is closer to tourist than many want
to believe. It was noted that commercial zoning allows more uses than tourist and it was felt
that a tourist zoning designation fits the property.
Councilmember Gibson moved to deny approval of Item 8.5 and direct the City Manager
to have staff expeditiously prepare an amendment to the Community Development Code and
FLUP to permit zoning the Shoppes of Sand Key property as a Commercial District and to take
appropriate action to approve Commercial zoning for the Shoppes of Sand Key property. The
motion was duly seconded. Councilmembers Doran, Cretekos, Gibson, and Mayor Hibbard
voted "Aye"; Councilmember Petersen voted "Nay." Motion carried.
The Council recessed from 9:29 to 9:37 p.m.
9 - Second Readings - Public Hearing
9.1 Adopt Ordinance 7918-08 on second readinq, creatinq Section 17.07, Code of Ordinances,
to enhance trench diqqinq safety.
Ordinance 7918-08 was presented for second reading and read by title only.
Councilmember Doran moved to pass and adopt Ordinance 7918-08 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard.
"Nays": None.
9.2 Adopt Ordinance 7919-08 on second readinq, amendinq the Fire and Life Safety Inspection
Permit Fees to add Trench Diqqinq Permit Fee.
Ordinance 7919-08 was presented for second reading and read by title only.
Councilmember Gibson moved to pass and adopt Ordinance 7919-08 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard.
"Nays": None.
City Manager Reports
10 - Consent Agenda - Approved as Submitted
10.1 Approve settlement of the liability claim of Clare Peacock for payment of $35,299.62 and
authorize the appropriate officials to execute same. (consent)
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10.2 Approve settlement of the liability claim of Stephen Smith for payment of $96,035.35 and
authorize the appropriate officials to execute same. (consent)
10.3 Approve the purchase of property insurance from April 1, 2008 through April 1, 2009, at
$50,000,000 for all perils at amount not to exceed $2,075,000 and authorize the appropriate
officials to execute same. (consent)
10.4 Award a contract for the Clearwater Community Sailing Center Expansion (07-0040-MA) to
R. Krueger Construction Co., Inc., of Oldsmar, Florida for the sum of $269,280 which is the
lowest responsible bid received in accordance with the plans and specifications and authorize
the appropriate officials to execute same. (consent)
10.5 Award a contract to CALE Parking Systems USA, Inc., Clearwater, FL, in the amount of
$172,550 for 17 Multi-Space Pay & Display parking meter units to be installed in the south
beach parking lots that are currently operated as attendant parking and authorize the
appropriate officials to execute same. (consent)
10.6 Accept a perpetual blanket Fire Hydrant and Utility Easement over, across and under Lots
1 and 2, SUNSET SQUARE SUBDIVISION, conveyed by Loren M. Pollack and H. Sara Golding
Scher, as Co-Trustees under Agreement dated April 23, 1993, and Sunset Square General
Partnership, as beneficiary (collectively, Grantor), in consideration of receipt of $1 and the
benefits to be derived therefrom. (consent)
10.7 Accept a perpetual Water Main and Fire Hydrant Easement containing 0.0352 acre, more
or less, over, across and under a portion of Lot 2, Block A, LOKEY SUBDIVISION, and a portion
of Lot 1, SEVER PARK, conveyed by Al and Al, LLC, a Florida limited liability company, in
consideration of receipt of $1 and the benefits to be derived therefrom. (consent)
10.8 Approve a contract to Hausinger & Associates, Inc. of Parrish, FL, in the amount of
$195,332.50 for well drilling construction services related to the Chloride Cap – Monitoring Wells
Project (04-0049-UT), and that the appropriate officials be authorized to execute same.
(consent)
Councilmember Doran moved to approve the Consent Agenda as submitted and that the
appropriate officials be authorized to execute same. The motion was duly seconded and carried
unanimously.
11 - Other items on City Manager Reports
11.1 Amend the City's Fiscal Year 2007/08 Operating and Capital Improvement Budgets at First
Quarter and pass Ordinances 7915-08 and 7916-08 on first reading.
The FY (Fiscal Year) 2007/08 Operating and Capital Improvement Budgets were
adopted in September 2007 by Ordinances 7866-07 and 7867-07. 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.
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The City Manager issued a March 3, 2008 memorandum regarding the First Quarter
Budget Review and amended City Manager’s Annual Budget Report. The report is based on
three months of activity (October 2007 through December 2007) in the current fiscal year. The
report comments on major variances, as well as documents all proposed amendments.
Significant Fund amendments are outlined below. General Fund revenues and
expenditure amendments reflect a net increase of $1,432,892. The major reason for the overall
General Fund expenditure increase includes the appropriation of General Fund retained
earnings of almost $1.4 million at first quarter to include the following items: 1) $225,000 to
support the Marine Aquarium; 2) $100,000 to provide enhanced outside contractual support for
building inspection and review services; 3) $700,000 for the Clearwater Beach Recreation
Center Boat Ramp; 4) $280,873 for improvements to the Beach Library/Recreation Center; and
5) $67,775 for the Countryside Community Park facility. All of these amendments were
previously approved by the City Council.
Enhanced revenues from under the new Fire contract are recognized in the amount of
$818,390 and $255,820 from the Pinellas Library Cooperative above previous budget
expectations. On the other hand, revenue estimates from the State of Florida reflect anticipated
reductions of almost $367,000 in sales tax revenue and $411,000 in municipal revenue sharing.
The budget also reflects the receipt of $450,000 from the Water’s Edge settlement. With the net
increase in revenues outlined here, the net transfer from retained earnings is expected to be
approximately $623,000 at first quarter, rather than the $1.4 million approved by the Council
above.
General Fund Reserves – In order to ensure adequate reserves, the City Council’s
policy reflects that General Fund unappropriated retained earnings of 8.5% of the City’s
budgeted General Fund expenditures must be maintained as a reserve to guard against future
emergencies. With the closing of the year-end 2007 books, and the allocation of reserves noted
above, estimated General Fund reserves at first quarter are approximately $25 million, or 20.5%
of the current year’s General Fund budget, exceeding the City’s reserve policy by $14.8 million.
Significant amendments to other City Operating Funds: 1) Stormwater Fund - At first
quarter, the Stormwater operating budget reflects an increase of $62,990 of Stormwater
retained earnings representing excess cash in the debt service funds representing interest
earnings in the bond construction funds for the last six months, and the related transfer of these
funds to the capital improvement project for Stormwater Expansion; 2) Gas Fund - Budget
amendments to the Gas Fund reflect an increase of approximately $4.2 million for the
defeasance of gas bonds approved by the Council in September 2007, which is offset by the
return of funding from gas projects in the capital improvement fund, and a reduction in the
expected budget for gas commodity charges; 3) Recycling Fund - First quarter expenditure
amendments in the Recycling Fund reflect an increase of $110,000 for the cost of inventory for
resale due to higher than budgeted market prices and almost $83,000 for grant related
expenditures related to a Pinellas County grant. Revenues from recyclable sales and grant
proceeds more than offset the increase in budgeted expenditures; 4) Marina (and Aviation)
Fund - The scope of the Marine and Aviation Fund is changing at first quarter in order to
separate the two functions, and recognizing this fund now as the Marina Fund. At first quarter,
Marine and Aviation Fund expenditures reflect a net decrease of $252,140, transferring the
budgeted expenditures and related revenues of the Airpark Operations to the new Airpark Fund;
5) Airpark Fund - First quarter recognizes the formal establishment of the Airpark Fund,
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separating this operation from the previous Marine and Aviation Fund. First quarter
amendments recognize the transfer of related budgeted revenues and expenditures from the
Marina Fund; 6) Parking Fund - Budgeted expenditures in the Parking Fund at first quarter
reflect a proposed increase of $148,320 to reflect the annual cost of the temporary Patel lot on
Clearwater Beach for the current fiscal year, and related offsetting revenues; and 7) Central
Insurance Fund - At first quarter, the Central Insurance Fund operating expenditures reflect the
allocation of Central Insurance Fund reserves to support the health insurance contract approved
by the City Council in October 2007.
First quarter amendments to the Capital Improvement Fund reflect an increase of
$9,438,088, primarily due to the establishment of the Downtown Boat Slip project in the amount
of $10,450,000 and the Beach Recreation Center Boat Ramp replacement in the amount of
$700,000, and the recognition of several significant amendments to several other projects
including the National Guard Armory and Beach Library & Recreation Center renovation
projects, Stevenson Creek Implementation and the WWTP Headworks projects. The budget
amendments also reflect the return of almost $4.2 million to the Gas Fund for the defeasance of
outstanding gas bonds.
Project budget increases not previously approved by the Council include: 1) the largest
of these proposed increases is an increase of almost $776,000 recognizing revenue from
SWFWMD (Southwest Florida Water Management District) proceeds supporting the reclaimed
water distribution project; 2) Special Program Fund - The Special Program Fund reflects a net
budget increase of $1,929,242 at first quarter. Amendments include the recognition of more
than $547,000 in grants proceeds supporting programs for Americorps, red light running,
Brownfield assessment, and Juvenile Welfare grants supporting neighborhood recreation
programs; 3) Other significant amendments reflect more than $772,000 for the special events
and sponsorships programs in the last six months; 4) $207,000 from police fines and court
proceeds to support public safety programs; and 5) $229,000 in revenues for police outside duty
contractual services.
Councilmember Petersen moved to amend the City's Fiscal Year 2007/08 Operating and
Capital Improvement Budgets at First Quarter. The motion was duly seconded and carried
unanimously.
Ordinance 7915-08 was presented for first reading and read by title only.
Councilmember Doran moved to pass Ordinance 7915-08 on first reading. The motion was duly
seconded and upon roll call, the vote was:
"Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard.
"Nays": None.
Ordinance 7916-08 was presented for first reading and read by title only.
Councilmember Cretekos moved to pass Ordinance 7916-08 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard.
"Nays": None.
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Miscellaneous Reports and Items
12. City Attorney Reports
12.1 RFP/Q for Real Estate Broker for Beach Parkina Garaae Land Assembly
The City Attorney referenced the proposed RFP/Q (Request for Proposals/
Qualifications) for a Real Estate Broker to assemble south Clearwater beach property for City
purchase and subsequent parking garage construction.
It was stated the proposed RFP/Q would disqualify agents with listing agreements for
area properties. To attract the best agents, it was recommended that the City accept bids from
single agents and transaction brokers. The City Attorney said the request could require bidders
to identify the type of representation proposed.
Consensus was to amend the RFP/Q to open bids to single agents and transaction
brokers.
13 . City Manager Verbal Reports - None.
14. Other Council Action
Councilmembers reported on events in which they recently participated and reviewed
upcoming events; enjoyed Neighborhoods Day and USF/US Olympic women's softball
tournament; Phillies Spring Training is underway; welcomed CSDVRS.
Councilmember Cretekos congratulated Kevin Dunbar's daughter for getting a hit off a
world champion pitcher; thanked Phillies for their community partnerships and encouraged
businesses to welcome them.
Mayor Hibbard noted Councilmember Cretekos' 35-gallon blood donation; encouraged
consideration of modular homes, manufactured in Safety Harbor, for affordable housing;
reviewed Ruth Eckerd Hall foundation fundraising successes; and expressed condolences to
the Choi family on the loss of their son Joshua.
15. Adjourn
The meeting adjourned at 10:27 p.m.
7'_/ ~ '"
W~yor .
City of Clearwater
Council 2008-03-20
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