05/15/2008
CITY COUNCIL MEETING MINUTES
CITY OF CLEARWATER
May 15, 2008
Present:
Frank Hibbard
George N. Cretekos
John Doran
Carlen Petersen
Paul Gibson
Also present:
Jill S. Silverboard
Rod Irwin
Pamela K. Akin
Cynthia E. Goudeau
Brenda Moses
Mayor
Vice-Mayor
Councilmember
Councilmember
Councilmember
Assistant City Manager
Assistant City Manager
City Attorney
City Clerk
Board Reporter
The Mayor called the meeting to order at 6:00 p.m. at City Hall. The invocation was
offered Reverend David Landers from Heritage United Methodist Church. 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 All Children's Hospital
Joel Momberg, All Children's Hospital, said All Children's Hospital is having a telethon
May 31 to June 1, 2008. Council is invited to tour the facility.
4.2 Certificate presented by Mayor to Zach Railey, 2008 Olympic contender from Clearwater
Zach Railey said donation and event information for his trip to China is available on his
website at www.zachrailey.com.
4.3 Proclamation: POppy Day - February 28 - 29
4.4 Proclamation: Hurricane Awareness Month - June
4.5 Proclamation: National Public Works Week Proclamation - May 18 - 24
4.6 Proclamation: Bike Month - May
4.7 Proclamation: EmerQency Medical Services Week - May 18 - 24
4.8 Proclamation: Safe BoatinQ Week - May 19 - 25
5. Approval of Minutes
5.1 Approve the minutes of the May 1, 2008 City Council MeetinQ as submitted in written
summation by the City Clerk.
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Councilmember Petersen moved to approve the minutes of the May 1, 2008 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
Paul Kleeman asked that damage at the Harborview Grand, due to City construction, be
addressed.
Public Hearings - Not before 6:00 PM
7 Administrative Public Hearings
7.1 Approve the Annexation, Initial Land Use Plan DesiQnation of Industrial General (IG) and
Initial ZoninQ Atlas DesiQnation of Industrial. Research and TechnoloQY (IRT) District for 1949
Calumet Street (a portion of Section 1, Township 29 South, RanQe 15 East in Metes And
Bounds 34/11); and pass Ordinances 7951-08,7952-08 and 7953-08 on first readinQ.
(ANX2008-02005)
This voluntary annexation petition involves a 0.86-acre property consisting of one parcel
of land occupied by a manufacturing use. It is located on the south side of Calumet Street
approximately 500 feet west of Hercules Avenue. The applicant is requesting this annexation in
order to receive solid waste and sanitary sewer service from the City. The Planning Department
is requesting that the 0.24 acre of abutting Calumet Street right-of-way not currently within the
City limits also be annexed. The property is contiguous to existing City boundaries to the west
and south. It is proposed that the property be assigned a Future Land Use Plan designation of
Industrial General (IG) and a zoning category of Industrial, Research and Technology (IRT).
The Planning Department determined that the proposed annexation is consistent with
the provisions of Community Development Code Section 4-604.E:
The closest sanitary sewer line is located in the Calumet Street right-of-way and the
applicant is aware of the requirement to pay the City's sewer impact and assessment fee and is
aware of the additional costs to extend City sewer service to the property. Collection of solid
waste will be provided by the City of Clearwater. The property is located within Police District III
and service will be administered through Police Headquarters located at 2851 North McMullen-
Booth Road. Fire and emergency medical services will be provided to this property by Station
#48 located at 1700 North Belcher 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.
The proposed annexation is consistent with and promotes the following objective of the
Clearwater Comprehensive Plan:
Objective 2.4: Compact urban development within the urban service area shall be
promoted through application of the Clearwater Community Development Code.
The proposed Industrial General (IG) Future Land Use Plan category is consistent with
the current Countywide Plan designation of this property. This designation primarily permits
industrial uses with a Floor Area Ratio of 0.75. The proposed zoning district to be assigned to
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the property is the Industrial, Research and Technology (IRT) 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, City's Comprehensive Plan and Community Development Code. The
property proposed for annexation is contiguous to existing City boundaries to the west and
south; therefore the annexation is consistent with Florida Statutes Chapter 171.044.
Councilmember Cretekos moved to approve the annexation, Initial Land Use Plan
Designation of Industrial General (IG) and Initial Zoning Atlas Designation of Industrial,
Research and Technology (IRT) District for 1949 Calumet Street (a portion of Section 1,
Township 29 South, Range 15 East in Metes And Bounds 34/11). The motion was duly
seconded and carried unanimously.
Ordinance 7951-08 was presented for first reading and read by title only.
Councilmember Gibson moved to pass Ordinance 7951-08 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 7952-08 was presented for first reading and read by title only.
Councilmember Petersen moved to pass Ordinance 7952-08 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 7953-08 was presented for first reading and read by title only.
Councilmember Doran moved to pass Ordinance 7953-08 on first reading. The motion was duly
seconded and upon roll call, the vote was:
"Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard.
"Nays": None.
7.2 Approve the Annexation, Initial Land Use Plan DesiQnation of Residential Low (RL) and
Initial ZoninQ Atlas DesiQnation of Low Medium Density Residential (LMDR) District for 1709 EI
Trinidad Drive East (Lot 3, VirQinia Grove Terrace, Section 05, Township 29 South, RanQe 16
East); and pass Ordinances 7954-08,7955-08 and 7956-08 on first readinQ. (ANX2008-02006)
This voluntary annexation petition involves a 0.16-acre property consisting of one parcel
of land occupied by a single-family dwelling. It is located on the east side of EI Trinidad Drive
East approximately 150 feet north of State Road 590. The applicant is requesting this
annexation in order to receive sanitary sewer and solid waste service from the City. The
property is contiguous to existing City boundaries to the north. 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).
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The Planning Department determined that the proposed annexation is consistent with
the provisions of Community Development Code Section 4-604.E:
The closest sanitary sewer line is located in the EI Trinidad Drive East right-of-way and
the applicant is aware of the requirement to pay the City's sewer impact and assessment fee
and is aware of the additional costs to extend City sewer service to the property. Collection of
solid waste will be provided by the City of Clearwater. The property is located within Police
District III and service will be administered through Police Headquarters located at 2851 North
McMullen-Booth Road. Fire and emergency medical services will be provided to this property
by Station #48 located at 1700 North Belcher 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.
The proposed annexation is consistent with and promotes the following objective of the
Clearwater Comprehensive Plan:
Objective 2.4: Compact urban development within the urban service area shall be
promoted through application of the Clearwater Community Development Code.
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 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,
City's Comprehensive Plan and Community Development Code.
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 Cretekos 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 1709 EI Trinidad Drive East (Lot 3, Virginia Grove
Terrace, Section 05, Township 29 South, Range 16 East). The motion was duly seconded and
carried unanimously.
Ordinance 7954-08 was presented for first reading and read by title only.
Councilmember Gibson moved to pass Ordinance 7954-08 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 7955-08 was presented for first reading and read by title only.
Councilmember Petersen moved to pass Ordinance 7955-08 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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Ordinance 7956-08 was presented for first reading and read by title only.
Councilmember Doran moved to pass Ordinance 7956-08 on first reading. The motion was duly
seconded and upon roll call, the vote was:
"Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard.
"Nays": None.
7.3 Approve amendment to the Clearwater Comprehensive Plan to update the Utility
Element to incorporate the City's Water Master Plan and pass Ordinance 7950-08 on first
readinQ.
This item involves an amendment to the Clearwater Comprehensive Plan to update the
Utility Element to incorporate the City's Water Master Plan that was produced in 2004 by
Parsons Water and Infrastructure, Inc. The amendment is required as per Section
163.3177(6)(c), Florida State Statutes and Florida Administrative Code Section 9J-5.011.
The fundamental purpose of a water supply plan is to ensure that the community is able
to supply quality drinking water of a sufficient quantity for current and future needs. According
to the master plan, based on population and density projections, the City will be functionally
capable of providing water through the year 2025.
The statutory requirements call for each local government in the planning region to adopt
amendments to its comprehensive plan to incorporate their water supply plan within 18 months
after the approval of the regional water supply plan. The City's regional district, the Southwest
Florida Water Management District (SWFWMD), approved its plan on November 30, 2006.
Therefore, the deadline for the City's amendment is May 30, 2008.
As this is a text amendment to the Comprehensive Plan, review and approval by the
Florida Department of Community Affairs (DCA) is required. This amendment is exempt from
the twice a year limitation for large-scale amendments.
The City retained the consulting firm of Wade Trim to prepare the amendment to the
potable water section of the Utility Element of the Clearwater Comprehensive Plan to
incorporate the City's Water Master Plan in accordance with state statutes and rules.
The Community Development Board reviewed the amendments at its public hearing on
April 15, 2008, and unanimously recommended approval.
Councilmember Cretekos moved to approve amendment to the Clearwater
Comprehensive Plan to update the Utility Element to incorporate the City's Water Master Plan.
The motion was duly seconded and carried unanimously.
Ordinance 7950-08 was presented for first reading and read by title only.
Councilmember Gibson moved to pass Ordinance 7950-08 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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8. Quasi-judicial Public Hearings
8.1 Approve a ZoninQ Atlas Amendment from Business (B) District to the Tourist (T) District
for property located at 1101 and 1201 Gulf Boulevard (consistinQ of Lot 2, Subdivision of
Radisson Bayside Hotel. in Section 17 and 20, Township 29 South, RanQe 15 East and pass
Ordinance 7940-08 to amend the ZoninQ Atlas for this property on first readinQ. (REZ2008-
02001 )
This Zoning Atlas Amendment application involves one property of approximately 4.8
acres in area located on the southeast side of Gulf Boulevard approximately 1,800 feet south of
Clearwater Pass Bridge as well as the adjacent right-of-way of 1.32 acres. This property,
known as the Clearwater Beach Marriott Suites on Sand Key, has a Future Land Use Plan
(FLUP) 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 of 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:
The proposed rezoning application is consistent with the Comprehensive Plan.
The proposed use is compatible with the surrounding area.
Sufficient public facilities are available to serve the property.
The applications will not have an adverse impact on the natural environment.
The Community Development Board reviewed this application at its public hearing on
April 15, 2008, and unanimously recommended approval of the zoning atlas amendment. No
one from the public spoke.
Ed Armstrong, representing the applicant, confirmed the Community Development Board
discussion is part of the record.
Ethel Hammer, Englehardt, Hammer & Associates, highlighted areas she felt justifies the
request: 1) T District is the only zoning district consistent with the comprehensive plan category
of RFH; 2) T District is the only appropriate zoning for the property based on the existing use; 3)
Any zoning other than T would cause the property to remain in nonconforming status; and 4) T
zoning is compatible and consistent with the immediate area.
It was remarked that at the time the application was filed, T zoning was the only zoning
consistent with RFH.
Councilmember Petersen moved to approve a Zoning Atlas Amendment from Business
(B) District to the Tourist (T) District for property located at 1101 and 1201 Gulf Boulevard
(consisting of Lot 2, Subdivision of Radisson Bayside Hotel, in Section 17 and 20, Township 29
South, Range 15 East. The motion was duly seconded and carried unanimously.
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Ordinance 7940-08 was presented for first reading and read by title only.
Councilmember Doran moved to pass Ordinance 7940-08 on first reading. The motion was duly
seconded and upon roll call, the vote was:
"Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard.
"Nays": None.
9. Second Readings - Public Hearing
9.1 Adopt Ordinance 7928-08 on second readinQ, creatinQ section 21.18, Code of
Ordinances, to prohibit solicitinQ, beQQinQ, and panhandlinQ in the Clearwater downtown core
redevelopment zone and the Clearwater Beach core tourist zone as defined in the ordinance.
Ordinance 7928-08 was presented for second reading and read by title only.
Councilmember Cretekos moved to pass and adopt Ordinance 7928-08 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 7941-08 on second readinQ, rescindinQ Ordinance 7405-05 and
Ordinance 7406-05.
Ordinance 7941-08 was presented for second reading and read by title only.
Councilmember Gibson moved to pass and adopt Ordinance 7941-08 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 finalization of the main library fundinQ, authorize project 315-93523 to be
closed, resultinQ in the return of $370,515.24 to the General Fund, and acknowledQe the
amount contributed by the Clearwater Library Foundation at $2.95 million of the oriQinal $5
million pledQed. (consent)
10.2 Authorize settlement of the workers' compensation claim of Claimant, GeorQe AQovino
III. in its entirety to include medical. indemnity and attorney fees for the sum of $30,000.
( consent)
10.3 Award a Contract (Purchase Order) for $113,994 to Altec Industries of BirminQham, AL
for one (1) 2009 International 4300 Cab and Chassis with Altec LRV58 Aerial Lift w/Chipper
Dump Body in accordance with Sec. 2.564(1)(d), Code of Ordinances - Other Qovernmental bid,
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authorize lease purchase under the City's Master Lease Purchase AQreement and authorize
appropriate officials to execute same. (consent)
10.4 Award a Contract (Purchase Order) for $124,672.50 to Communications International.
Inc of Tampa, FL for memory and software uPQrades to existinQ City 800 Mhz radios, authorize
lease purchase under the City's Master Lease Purchase AQreement and authorize the
appropriate officials to execute same. (consent)
10.5 Approve the first amendment to the AlliQator Creek Watershed Implementation Project,
Phase III. Channel F cooperative fundinQ contract with Southwest Florida Water ManaQement
District to extend the contract period to December 31, 2011 and authorize the appropriate
officials to execute same. (consent)
10.6 Approve two Local AQency ProQram (LAP) AQreements with the Florida Department of
Transportation for the Beach Connector Trail project to receive Qrants in the amount of
$852.429 (AQreement FPN 415744 1 5801) and $416,152 (AQreement FPN 41574425801)
and authorize the appropriate officials to execute same. (consent)
10.7 Approve a work order to URS Corporation in the amount of $441,107 for enQineerinQ
desiQn and support durinQ construction services in the Chautauqua/Coachman Reclaimed
Water Project (07-0053-UT), and approve the Cooperative FundinQ AQreement with the
Southwest Florida Water ManaQement District (SWFWMD) which provides reimbursement of
project cost up to $1,977,000, and that the appropriate officials be authorized to execute same.
( consent)
10.8 Approve the McKim & Creed supplemental work order in the amount of $278,731 for
additional enQineerinQ desiQn services for expandinQ the City of Clearwater Reclaimed Water
System to serve residents in the MorninQside area in the southeastern portion of the City (05-
0022-UT). (consent)
10.9 Authorize staff to neQotiate a contract with Chase Real Estate, Inc. to provide Real
Estate BrokeraQe Services for land assembly suitable for development of a 300-space parkinQ
QaraQe on south Clearwater beach and authorize the City ManaQer to approve and execute
same that best represents the interests of the City. (consent)
Councilmember Doran moved to approve the Consent Agenda as submitted and 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 Award a contract to lease desktop and laptop computers for 3 years from Hewlett-
Packard Financial Services Company, Murray Hill, NJ, and InsiQht Public Sector, BloominQdale,
IL as the lowest bid respondents to RFP 14-08, for an amount not to exceed $1.200,000; and
adopt Resolution 08-07 authorizinQ the City ManaQer to deleQate to the Information TechnoloQY
Director or other desiQnee the ability to execute documents on Lease AQreements with Hewlett-
Packard, and authorize appropriate officials to execute same.
The City has leased computers for six years. The benefits of leasing include operational
savings for asset acquisition and maintenance, improved efficiency in user support and asset
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management, improved security for City systems and network, improved performance for
system users and employees.
This term of leasing includes all desktop (-1,200) and laptop (-400) computers within
the City. The cost of this lease term is 23% lower that the previous term ('05-'08), and is 38%
cheaper than the initial lease term ('02-'05). Previously, separate lease approvals were
executed for the Police Department and all other City departments.
The maximum annual costs for this lease term will be approximately $400,000 in the
third year.
This agreement includes several value added enhancements over previous agreements,
including:
1. Self-Maintainer Program which enables City staff to be trained at no additional costs
to function as Hewlett-Packard certified technicians to expedite diagnostic and resolution
actions (Hewlett-Packard tracks and pays (reimburses) for these services for every 15 minutes
of work performed).
2. Charitable Contributions; for every 16 computers leased or purchased by the City,
Insight will donate one computer (new) to a designated organization within the City. This will
provide approximately 100 computers for donations to not for profit organizations over the three-
year term of the lease.
Annual lease payments will be budgeted in the Information Technology annual operating
budget, and costs prorated to all departments based upon their respective computer counts,
through the Administrative Services Fund charge back for Information Technology services.
It was noted that leasing would not be beneficial if computers were kept longer than
three years.
Councilmember Petersen moved to award a contract to lease desktop and laptop
computers for three years from Hewlett-Packard Financial Services Company, Murray Hill, NJ,
and Insight Public Sector, Bloomingdale, IL as the lowest bid respondents to RFP 14-08, for an
amount not to exceed $1,200,000. The motion was duly seconded and carried unanimously.
Resolution 08-07 was presented and read by title only. Councilmember Doran moved to
pass and adopt Resolution 08-07 and authorize the appropriate officials to execute same. The
motion was duly seconded and upon roll call was:
"Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard.
"Nays": None.
Miscellaneous Reports and Items
Other City Attorney Items
Consensus was to schedule an Attorney-Client Session regarding Christina McNeil
Tracey and Anchor Mini-Mart v. City at 5:00 p.m. on June 5,2008.
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12. City Manager Verbal Reports - None.
13. Other Council Action
Councilmembers reported on events in which they recently participated and reviewed
upcoming events; wished Mayor Happy Birthday.
Mayor Hibbard placed Governing Magazine article and traffic counts on Gulf-to-Bay and
McMullen-Booth in Council office.
Councilmember Cretekos congratulated Mayor on receiving the Insco Award for Elected
Official of the Year from Suncoast League of Cities; congratulated Jeff Albertson on being
President of the Clearwater Bar Association and Rose Kubaluski, Parks & Recreation Volunteer
of the Year.
Council member Gibson said regarding complaints dogs on beach are chasing birds the
dogs are just frolicking in water.
Councilmember Doran put copy of Feasibility Study of Courtney Campbell Causeway
Multi-use trail in Council office; wished his sister, father, and wife Happy Birthday.
14. Adjourn
The meeting adjourned at 7:20 p.m.
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City of Clearwater
Attest:
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