07/17/2008
CITY COUNCIL MEETING MINUTES
CITY OF CLEARWATER
July 17, 2008
Present: Frank Hibbard Mayor
George N. Cretekos Vice-Mayor
John Doran Councilmember
Carlen Petersen 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
Brenda Moses Board Reporter
The Mayor called the meeting to order at 6:00 p.m. at City Hall. The invocation was
offered by Pastor Anthony Ballestero of New Destiny Worship 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 Service Awards
One service award was presented to a City employee.
4.2 Proclamation: National Marina Day – August 9, 2008
5. Approval of Minutes
5.1 Approve the minutes of the June 19, 2008 City Council Meeting as submitted in written
summation by the City Clerk.
Councilmember Petersen moved to approve the minutes of the June 19, 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
John Wiser gave kudos to street dept re cleaning up debris quickly; requested
discussion re why restrooms not built at Forest Run park.
Eva Kunowska complained regarding loss of parking spaces at her hotel.
Matt Chambers, Marshall Reshon, and Jonathan Wade, of Spiritual Change, requested
funding for grant writer and operational expenses.
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In response to public comments, it was remarked that most back-out parking was
eliminated along Coronado due to safety concerns.
Public Hearings - Not before 6:00 PM
7. Administrative Public Hearings
7.1 Approve the City of Clearwater’s Fiscal Year 2008-09 Consolidated Action Plan, to carry
forward the goals and objectives set forth in the Plan, as required by HUD, and authorize the
City to enter into agreements with organizations contained in the FY08-09 Consolidated Action
Plan.
The U.S. Department of Housing and Urban Development (HUD) requires communities
that receive entitlement (CDBG & HOME) funding to prepare a comprehensive five (5) year
Consolidated Planning document that evaluates the needs of the community and sets forth
strategies to address those needs. The new Consolidated Plan is mainly our continuation of our
existing Consolidated Plan. There were not many changes to our existing strategies, goals and
objectives. In addition, the City is required to create and implement an annual statement
identifying the sources and uses of federal money for housing, community and economic
development. This annual plan, referred to as a Consolidated Action Plan, provides HUD with
the City’s housing, community and economic development budget and proposed expenditures
based on the entitlement funds and estimated program income that the City will receive in the
upcoming fiscal year.
Funds are to be used to develop viable communities and sustain existing ones. In
addition, the funds will be used to provide safe, decent and affordable housing to assist
extremely low to moderate income households. This year’s Action Plan allocates federal and
state funds to provide housing opportunities to extremely low to moderate income households
for new and existing homes, homebuyer education, construction and/or renovation of public
facilities, and to fund public services programs.
In fiscal year 2008-2009, the City is estimated to receive federal funds in the amount of
$926,211 through the Community Development Block Grant (CDBG), $520,737 through the
HOME Investment Partnership Program, and $995,681 from the State of Florida through the
State Housing Initiatives Partnership (SHIP) Program. Funds provided through the HOME and
SHIP Programs are limited to housing related activities (including housing relocation and
housing demolition) and administration. Funds provided through the CDBG Program may be
used for housing, community and economic development, public services and facilities,
acquisition, relocation, demolition, and administration. Additional funding for the FY2008-2009
budget will come from estimated program income funds (loan repayments, loan payoffs,
recaptured funds, etc).
A Technical Review Committee (TRC) comprised of professionals in the social service
and grants community and one member of the City’s Neighborhood and Affordable Housing
Advisory Board (NAHAB) reviewed the applications, scored them and set forth a strategy to
maximize the number of applicants that will receive a portion of allocated funds. Applicants
were given an opportunity to speak to the TRC and NAHAB regarding their programs on the day
of the bus tour and presentations in April 2008. City staff reviewed each application to ensure it
met HUD’s baseline requirements.
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Each year, the City may allocate up to 15% of its CDBG allocation for Public Services
organizations. Additional funds may be allocated based upon the amount of program income
received. The City may also provide funds for operating expenses to subrecipients who qualify
as a Community Based Development Organization.
The City’s Housing Division received requests for Public Services funding in excess of
$399,000. The NAHAB has endorsed a sliding scale funding system for Public Services
applicants that allows the top two scorers to receive 60% of their request; the second two
receive 50% of their request, and others receive 40% of their request until all of the allowable
funds are allocated. The maximum allocation per agency’s request is $30,000. This method
allows most of the Public Services applicants to receive some funding.
All organizations that will be receiving an allocation or participating in the City’s Housing
or Housing Education Pools, will have agreements prepared and executed by October 1, 2008.
In response to a question, Housing Manager Michael Holmes said Spiritual Change
could qualify to apply for CDBG funds. The process to request funds starts in February.
Councilmember Cretekos moved to approve the City of Clearwater’s Fiscal Year 2008-
09 Consolidated Action Plan, to carry forward the goals and objectives set forth in the Plan, as
required by HUD, and authorize the City to enter into agreements with organizations contained
in the FY08-09 Consolidated Action Plan. The motion was duly seconded and carried
unanimously.
7.2 Approve the Annexation, Initial Land Use Plan Designation of Residential Urban (RU)
and Initial Zoning Atlas Designation of Low Medium Density Residential (LMDR) District for
3147 Downing Street (Lot 1, Downing Subdivision First Addition, Section 16, Township 29
South, Range 16 East); and Pass Ordinances 7958-08, 7959-08 and 7960-08 on first reading.
(ANX2008-03008)
This voluntary annexation petition involves a 0.20-acre property consisting of one parcel
of land occupied by a single-family dwelling. It is located on the south side of Downing Street
approximately 725 feet east of McMullen-Booth Road. The applicant is requesting this
annexation in order to receive sanitary sewer and solid waste service from the City. The
property is an enclave and is contiguous to existing City boundaries to the north, south, east
and west. This petition will eliminate this enclave. It is proposed that the property be assigned
a Future Land Use Plan designation of Residential Urban (RU) and a zoning category of Low
Medium Density Residential (LMDR).
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 Downing 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
49 located at 565 Sky Harbor Drive. The City has adequate capacity to serve this property with
sanitary sewer, solid waste, police, fire and EMS service. The proposed annexation will not
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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 RU 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 7.5 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, south, east and west; therefore the annexation is consistent with Florida Statutes Chapter
171.044.
Councilmember Gibson moved to approve the Annexation, Initial Land Use Plan
Designation of Residential Urban (RU) and Initial Zoning Atlas Designation of Low Medium
Density Residential (LMDR) District for 3147 Downing Street (Lot 1, Downing Subdivision First
Addition, Section 16, Township 29 South, Range 16 East). The motion was duly seconded and
carried unanimously.
Ordinance 7958-08 was presented for first reading as amended and read by title only.
Councilmember Petersen moved to pass Ordinance 7958-08 on first reading as amended. The
motion was duly seconded and upon roll call, the vote was:
"Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard.
"Nays": None.
Ordinance 7959-08 was presented for first reading as amended and read by title only.
Councilmember Doran moved to pass Ordinance 7959-08 on first reading as amended. The
motion was duly seconded and upon roll call, the vote was:
"Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard.
"Nays": None.
Ordinance 7960-08 was presented for first reading as amended and read by title only.
Councilmember Cretekos moved to pass Ordinance 7960-08 on first reading as amended. The
motion was duly seconded and upon roll call, the vote was:
"Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard.
"Nays": None.
7.3 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 1460
Dexter Drive (Lot 5, Block “B” Douglas Manor Lake Subdivision, Section 23, Township 29
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South, Range 15 East); and Pass Ordinances 7961-08, 7962-08 and 7963-08 on first reading.
(ANX2008-03009)
This voluntary annexation petition involves a 0.23-acre property consisting of one parcel
of land occupied by a single-family dwelling. It is located on the west side of Dexter Drive
approximately 200 feet north of Nursery Road. The applicant is requesting this annexation in
order to receive sanitary sewer and solid waste service from the City. The Planning Department
is requesting that the 0.37-acre of abutting Dexter Drive right-of-way not currently within the City
limits also be annexed. The property is contiguous to existing City boundaries to the north,
south and west. It is proposed that the property be assigned a Future Land Use Plan
designation of Residential Low (RL) and a zoning category of Low Medium Density Residential
(LMDR).
The Planning 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 Dexter Drive right-of-way and the
applicant has paid the City’s sewer impact and assessment fee. 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 47 located at
1460 Lakeview Road. The City has adequate capacity to serve this property with sanitary
sewer, solid waste, police, fire and EMS service. The proposed annexation will not have an
adverse effect on public facilities and their levels of service.
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, south and west; therefore the annexation is consistent with Florida Statutes Chapter
171.044.
Councilmember Gibson 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 1460 Dexter Drive (Lot 5, Block “B” Douglas Manor Lake
Subdivision, Section 23, Township 29 South, Range 15 East). The motion was duly seconded
and carried unanimously.
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Ordinance 7961-08 was presented for first reading as amended and read by title only.
Councilmember Petersen moved to pass Ordinance 7961-08 on first reading as amended. The
motion was duly seconded and upon roll call, the vote was:
"Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard.
"Nays": None.
Ordinance 7962-08 was presented for first reading as amended and read by title only.
Councilmember Doran moved to pass Ordinance 7962-08 on first reading as amended. The
motion was duly seconded and upon roll call, the vote was:
"Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard.
"Nays": None.
Ordinance 7963-08 was presented for first reading as amended and read by title only.
Councilmember Cretekos moved to pass Ordinance 7963-08 on first reading as amended. The
motion was duly seconded and upon roll call, the vote was:
"Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard.
"Nays": None.
7.4 Approve the Annexation, Initial Land Use Plan Designation of Residential Low (RL) and
Initial Zoning Atlas Designation of Low Medium Density Residential (LMDR) District for 1762
West Manor Avenue (Lot 19, Clearwater Manor); and Pass Ordinances 7968-08, 7969-08 and
7970-08 on first reading. (ANX2008-05011)
This voluntary annexation petition involves a 0.18-acre property consisting of one parcel
of land occupied by a single-family dwelling. It is located on the west side of West Manor
Avenue and east of Belcher Road, approximately 80 feet south of Manor Boulevard North. The
applicant is requesting this annexation in order to receive sanitary sewer and solid waste
service from the City. The property is an enclave and is contiguous to existing City boundaries
to the north, south, east and west. This petition will eliminate this enclave. It is proposed that
the property be assigned a Future Land Use Plan designation of Residential Low (RL) and a
zoning category of Low Medium Density Residential (LMDR).
The Planning 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 West Manor Avenue right-of-way and
the applicant has paid the City’s required sewer impact and assessment fee. 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 N. Belcher Road. The City has adequate capacity to serve this property with
sanitary sewer, solid waste, police, fire and EMS service. The property is served by County
water. The proposed annexation will not have an adverse effect on public facilities and their
levels of service.
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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 five dwelling 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; and
The property proposed for annexation is contiguous to existing City boundaries to the
north, south, east and west; therefore the annexation is consistent with Florida Statutes Chapter
171.044.
Councilmember Gibson 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 1762 West Manor Avenue (Lot 19, Clearwater Manor).
The motion was duly seconded and carried unanimously.
Ordinance 7968-08 was presented for first reading as amended and read by title only.
Councilmember Petersen moved to pass Ordinance 7968-08 on first reading as amended. The
motion was duly seconded and upon roll call, the vote was:
"Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard.
"Nays": None.
Ordinance 7969-08 was presented for first reading as amended and read by title only.
Councilmember Doran moved to pass Ordinance 7969-08 on first reading as amended. The
motion was duly seconded and upon roll call, the vote was:
"Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard.
"Nays": None.
Ordinance 7970-08 was presented for first reading as amended and read by title only.
Councilmember Cretekos moved to pass Ordinance 7970-08 on first reading as amended. The
motion was duly seconded and upon roll call, the vote was:
"Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard.
"Nays": None.
7.5 Approve a Development Agreement between Spinecare Properties, LLC (the property
owner) and the City of Clearwater, Florida 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 North ¼ of the Northwest ¼ of Section 21, Township 28 South, Range 16 East less the
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south 208.75 feet and less the west 84 feet and less the east 100 feet thereof for road right-of-
way and Adopt Resolution 08-06 (DVA2005-00001A)
The subject site is comprised of two parcels of land totaling 4.51 acres in area. The site
is located on the west side of McMullen-Booth Road approximately 500 feet north of Mease
Drive. Approximately 0.358 acre located at the northeastern corner of the property is located
within unincorporated Pinellas County and is undeveloped. The remainder of the site is located
in the City of Clearwater and is occupied by 14 attached dwellings within several buildings.
The applicant is proposing a development agreement, in conjunction with a proposed
land use amendment. The land use amendment limits the use of the subject property within the
Institutional (I) District to a medical clinic and in the Low Medium Density Residential (LMDR)
District as a non-residential off-street parking facility. The development agreement request has
been delayed due to litigation. The development agreement is summarized as follows:
- Restricts the use and size of development on this site for 20 years.
- Limits the gross floor area and height, number of parking spaces, and directs a variety
of site issues including hours of operation, location of particular business activities and
lighting, and providing for fencing, buffering, and tree preservation.
A site plan (FLD2005-01014) was approved by the Community Development Board on
May 17, 2005 with 16 conditions, pursuant to the Development Order dated May 27, 2005. In
August 2007, the Planning Director approved a time extension to September 6, 2008. An
updated time extension request was placed on the Community Development Board agenda for
July 15, 2008.
The City Council reviewed cases ANX2005-02003 and LUZ2005-02002 on first reading
and at a public hearing on April 17, 2008, to 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, and 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). Case LUZ2005-02002 was transmitted
to the State of Florida Department of Community Affairs (DCA). DCA did not identify any
comments or concerns with this case and referred it back to the city for adoption. This case is
on the City Council agenda for adoption at its meeting on July 17, 2008.
The Planning Department has determined that the proposed development agreement is
consistent with the City’s Comprehensive Plan.
Assistant Planning Director Gina Clayton said the revised Development Agreement was
approved by the CDB at their meeting on July 15, 2008. She said construction is limited to
45,000 square-feet of FAR for a medical clinic. Under the proposed zoning to I (Institutional),
potentially a 69,000 square-foot building could be built. The project’s height could be built up to
30 feet. The applicant proposes to reduce the height of the parapet from five to four feet, and
elevator towers from 14 to eight feet whereas the Code allows the towers a height of up to 16
feet. The agreement also requires a six-foot wall along the north side of the property and a six-
foot vinyl fence on the south and west sides of the parking lot. During meetings with the
neighborhood, the Ashland Heights Civic Association had requested a wall to screen the
parking area. However, the other homeowners were satisfied with the vinyl fences. The 15
parking spaces on the north side of the building are for employees only. The agreement
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requires the windows on the north and west sides of the property be translucent to provide
privacy to adjacent property owners. Lighting will be reduced or eliminated during non-peak
times and 57% of the quality trees on the site will be preserved. Ms. Clayton said at the July 15,
2008 CDB meeting, the Ashland Heights Civic Association spoke in favor of the development
agreement and five residents spoke in opposition to it.
Deborah Martohue, representing the applicant, thanked staff for working with the
applicant. She said the applicant concurs with staff’s findings. She said changes to the
development agreement were made to address neighbors’ concerns. Rents collected by Equity
from current residents will be held in trust and returned to them to help them with their re-
location expenses.
Four people spoke in support of the application, one of which requested the developer
make additional efforts to minimize the impact of the project.
Ms. Martohue said the project includes a deed-restricted area with green space, is
compatible with the area, and concessions have been made to residents regarding the parapet
heights, the building’s distance from the property lines, tree preservation, and the screening of
equipment. She said the applicant would work with the residents regarding the fencing.
The applicant was commended for working so closely with the neighbors regarding the
project.
Councilmember Gibson moved to approve a Development Agreement between
Spinecare Properties, LLC (the property owner) and the City of Clearwater, Florida 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 North ¼ of the Northwest ¼ of Section 21,
Township 28 South, Range 16 East less the south 208.75 feet and less the west 84 feet and
less the east 100 feet thereof for road right-of-way. The motion was duly seconded and carried
unanimously.
Resolution 08-06 was presented and ready by title only. Councilmember Doran moved
to pass and adopt Resolution 08-06 and authorize the appropriate officials to execute same.
The motion was duly seconded and upon roll call, the vote was:
“Ayes”: Doran, Petersen, Cretekos, Gibson, and Hibbard.
“Nays”: None.
8. Quasi-judicial Public Hearings
8.1 Approve a Zoning Atlas Amendment from the Business (B) District to the Commercial
(C) District for property located at 1241, 1261 and 1281 Gulf Boulevard (consisting of Lot 1,
Subdivision of Radisson Bayside Hotel, in Section 20, Township 29 South, Range 16 East) and
Pass Ordinance 7975-08 on first reading. (REZ2008-04002)
This Zoning Atlas Amendment application involves one property, approximately 2.94
acres in area, located on the southeast side of Gulf Boulevard approximately 2900 feet south of
the Clearwater Pass Bridge. This property, which is known as the Shoppes on Sand Key, has a
Future Land Use Plan classification of Resort Facilities High (RFH) and has been governed by a
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lawsuit settlement stipulation since October 17, 1986. The provisions of the stipulation expired
on October 17, 2006, therefore, the property is currently without any zoning.
At the March 20, 2008 meeting, the City Council denied a rezoning request for this
property to the Tourist (T) District. At that meeting, Council directed the Planning Department to
initiate a rezoning for the property to the Commercial (C) District.
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.
Existing and available uses to which the property can be put are appropriate, the
proposed rezoning does not conflict with the needs and character of the neighborhood, the
proposed rezoning does not adversely or unreasonably affect the use of other properties in the
area, sufficient public facilities are available to serve the property; and the zoning district
boundaries are appropriately drawn.
Planning Director Michael Delk said at their July 15, 2008 meeting, the CDB
recommended adoption of the C zoning district for this property.
In response to questions, Mr. Delk said the property is consistent with the Tourist and C
zoning designations. He said the City is obligated to provide a zoning designation that is
consistent with the Comprehensive Plan. He said he does not know whether there are any
properties zoned C on the north end of the beach on Sand Key. There are properties zoned T
in that area.
Michael Foley, representing the property owner, objected to the zoning proposal, stating
there is a pending appeal to the Council’s prior decision to deny his client’s application for T
zoning. He said one of the reasons Council denied the property owner’s request was that traffic
would increase, however C zoning would generate more traffic than T. He questioned why the
City is hearing its own application when the owner is appealing Council’s prior decision. He
suggested the City deny or continue this item until after the court makes its ruling on the appeal.
City Attorney Pam Akin said the issue before Council is whether the proposed zoning is
appropriate. She said the Council’s decision would not prejudice the pending appeal. In
response to a question, Ms. Akin said if the court rules in the City’s favor, the property remains
without zoning until Council applies zoning to it. She said the City can initiate zoning
applications and has heard evidence that T zoning is not consistent for this property. She said
law requires the property be zoned, therefore the City is initiating rezoning on this and all other
properties that currently are not zoned. She said without zoning, the City could not issue
permits to the property owner. There are no guarantees that there would be no more appeals
after the court’s ruling regarding the property owner’s pending litigation.
Four people spoke in support of the application. One person suggested this item be
tabled until after the pending litigation is settled.
Mr. Foley said no harm would be done if the City would wait until the court’s decision
regarding the pending litigation to move forward with the application.
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In response to a question, Ms. Akin said Council bases its decisions on substantial
competent evidence. She reported that Councilmember Cretekos has no voting conflict on this
item.
Councilmember Gibson moved to approve a Zoning Atlas Amendment from the
Business (B) District to the Commercial (C) District for property located at 1241, 1261 and 1281
Gulf Boulevard (consisting of Lot 1, Subdivision of Radisson Bayside Hotel, in Section 20,
Township 29 South, Range 16 East). The motion was duly seconded. Councilmembers
Cretekos, Doran, Gibson, and Mayor Hibbard voted “Aye”; Councilmember Petersen voted
“Nay.” Motion carried.
Ordinance 7975-08 was presented for first reading as amended and read by title only.
Councilmember Doran moved to pass Ordinance 7975-08 on first reading as amended. The
motion was duly seconded and upon roll call, the vote was:
"Ayes": Doran, Cretekos, Gibson, and Hibbard.
"Nays": Petersen.
Motion carried.
8.2 Continue Public Hearing and 1st Reading of Ordinances for Land Use and Zoning
Amendments for 1551 Gulf Blvd. to September 18, 2008. (LUZ2008-05002)
AND
8.3 Continue Public Hearing and 1st Reading of Ordinance for Rezoning of 1180 and 1200
Gulf Blvd. to September 18, 2008. (REZ2008-05003)
And
8.4 Continue Public Hearing and 1st Reading of Ordinance for Rezoning of 1520, 1540, and
1560 Gulf Blvd. to September 18, 2008. (REZ2008-05004)
And
8.5 Continue Public Hearing and 1st Reading of Ordinance for Rezoning of 1501 Gulf Blvd.
to September 18, 2008. (REZ2008-05005)
Councilmember Doran moved to continue Public Hearing and first reading of Ordinances
for Items 8.2, 8.3, 8.4, and 8.5 to September 18, 2008. The motion was duly seconded and
carried unanimously.
9. Second Readings - Public Hearing
9.1 Adopt Ordinance 7917-08 on second reading, amending the comprehensive plan of the
city, by amending the coastal management element; amending the definition of coastal high
hazard area; providing a method for handling parcels where a portion of the parcel is located
within the coastal storm area; deleting current policy 22.2.2; prohibiting the location of new
hospitals, nursing homes, and assisted living facilities within the coastal storm area and the area
inundated by a category 2 hurricane as depicted by the SLOSH model; providing for
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cooperation with Pinellas county emergency management toward reducing the out-of-county
hurricane evacuation clearance time; adopting a level of service standard for out-of-county
hurricane evacuation clearance time for a category 35 storm event; renumbering some
objectives and policies; providing for severability.
Ordinance 7917-08 was presented for second reading and read by title only.
Councilmember Doran moved to pass and adopt Ordinance 7917-08 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 7920-08 on second reading, amending the future land use plan
element of the comprehensive plan of the city, to change the land use designation for certain
real property whose post office address is 1500, 1510, 1520, 1530, 1540, 1550, 1560, 1570,
1580, 1590, 1600, 1610, and 1620 McMullen-Booth Road, from industrial limited (IL) to
commercial general (CG).
Ordinance 7920-08 was presented for second reading and read by title only.
Councilmember Cretekos moved to pass and adopt Ordinance 7920-08 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.
9.3 Adopt Ordinance 7921-08 on second reading, amending the zoning atlas of the city by
rezoning certain property whose post office address is 1500, 1510, 1520, 1530, 1540, 1550,
1560, 1570, 1580, 1590, 1600, 1610, and 1620 McMullen-Booth Road, from industrial research
and technology (IRT) to commercial (C).
Ordinance 7921-08 was presented for second reading and read by title only.
Councilmember Gibson moved to pass and adopt Ordinance 7921-08 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.
9.4 Adopt Ordinance 7922-08 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 2723 S.R. 580, as residential/office general.
Ordinance 7922-08 was presented for second reading and read by title only.
Councilmember Petersen moved to pass and adopt Ordinance 7922-08 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.
Council 2008-07-17 12
9.5 Adopt Ordinance 7923-08 on second reading, amending the zoning atlas of the city by
zoning certain real property whose post office address is 2723 S.R. 580, as office (O).
Ordinance 7923-08 was presented for second reading and read by title only.
Councilmember Doran moved to pass and adopt Ordinance 7923-08 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.
9.6 Adopt Ordinance 7924-08 on second reading, amending the comprehensive plan of the
city by amending the future land use element by adding an objective and policies pertaining to
tourism; adopting alternative densities and intensities for overnight accommodations in the
resort facilities high (RFH) land use map category consistent with the “Rules concerning the
administration of the countywide future land use plan”; by adding overnight accommodations as
a primary use in the industrial limited (IL) land use map category and establishing base and
alternative densities for such use consistent with the “Rules concerning the administration of the
countywide future land use plan”; deleting the resort facilities overlay (RFO) future land use as a
future land use map category; to modify the allowable impervious surface ratio in the
commercial general future land use map category consistent with the maximum allowed by the
“Rules concerning the administration of the countywide future land use plan”; and making minor
editorial changes; providing for severability.
Ordinance 7924-08 was presented for second reading and read by title only.
Councilmember Cretekos moved to pass and adopt Ordinance 7924-08 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.
9.7 Adopt Ordinance 7925-08 on second reading, amending Beach By Design by
establishing editorial consistency with regard to the name of the existing 600-unit Density Pool
as the “Destination Resort Density Pool”; creating Section V., Subsection B. 1. entitled
“Destination Resort Density Pool”; creating Section V., Subsection B.2. entitled “Hotel Density
Reserve”; establishing a hotel density reserve and providing criteria for allocating the reserve;
amending Section VII, Subsection A., clarifying density limits of 50 units per acre may only be
exceeded through the Destination Resort Density Pool or Hotel Density Reserve; and making
minor editorial changes.
Ms. Akin reported this item has been amended.
Councilmember Gibson moved to amend Exhibit A on page 4 to change maximum
density from 175 units to 150 units as follows:
A maximum of 100 hotel rooms may be allocated from the Reserve to any development
with a lot size less than 2.5 acres. Those developments with a lot size greater than or equal to
2.5 acres may use the Reserve to achieve a density of 90 hotel rooms per acre. However, in no
instance shall the density of a parcel of land exceed 150 175 units per acre regardless of
Council 2008-07-17 13
whether it has received benefit of transfers of development rights in addition to the Reserve, or
not;
The motion was duly seconded and carried unanimously.
Ordinance 7925-08 was presented for second reading as amended and read by title
only. Councilmember Petersen moved to pass and adopt Ordinance 7925-08 on second and
final reading as amended. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard.
"Nays": None.
9.8 Adopt Ordinance 7926-08 on second reading, amending the Community Development
Code to adopt alternative densities and intensities for over night 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 Comprehensive Plan, and to make other
minor editorial changes.
In response to a question, Ms. Akin said the codified Sections 2-802 and 2-803 of the
Land Development Code may not yet reflect the density updates.
Ordinance 7926-08 was presented for second reading and read by title only.
Councilmember Doran moved to pass and adopt Ordinance 7926-08 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.
9.9 Adopt Ordinance 7942-08 on second reading, annexing certain real property whose post
office address is 3290 McMullen-Booth Road, into the corporate limits of the city, and redefining
the boundary lines of the city to include said addition.
Ordinance 7942-08 was presented for second reading and read by title only.
Councilmember Cretekos moved to pass and adopt Ordinance 7942-08 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.
9.10 Adopt Ordinance 7943-08 on second reading, amending the future land use plan
element of the comprehensive plan of the city, to designate that land use for certain real
property whose post office address is 3290 McMullen-Booth Road, upon annexation into the
City of Clearwater, as institutional; and change the land use designation for certain real property
whose post office address is 3280 McMullen-Booth Road, from residential suburban to
residential low and institutional.
Council 2008-07-17 14
Ordinance 7943-08 was presented for second reading and read by title only.
Councilmember Gibson moved to pass and adopt Ordinance 7943-08 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.
9.11 Adopt Ordinance 7944-08 on second reading, amending the zoning atlas of the city by
zoning certain real property whose post office address is 3290 McMullen-Booth Road, upon
annexation into the City of Clearwater, as institutional (I); and by rezoning certain property
located on the west side of McMullen-Booth Road, from low density residential (LDR) to low
medium density residential (LMDR) and institutional (I).
Ordinance 7944-08 was presented for second reading and read by title only.
Councilmember Petersen moved to pass and adopt Ordinance 7944-08 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.
9.12 Adopt Ordinance 7967-08 on second reading, amending Beach By Design by Amending
Section VII, Subsection B, allowing for increased height for overnight accommodation uses
being allocated additional density via the Hotel Density Reserve in limited locations; amending
Section VII, Subsection C., modifying the design guideline governing the theoretical maximum
building envelope as it pertains to overnight accommodation uses being allocated additional
density via the hotel density reserve, and making minor editorial changes.
Ms. Akin said page 2 of the ordinance need to be amended.
Councilmember Doran moved to amend Ordinance 7967-08, deleting Section 2 in its
entirety as follows:
Section 2. This ordinance shall become effective when the Department of
Community Affairs (DCA) issues a final order determining the adopted amendment to be in
compliance, or the Administration Commission issues a final order determining the adopted
amendments to be in compliance, in accordance with Section 163.3184, 163.3187, or 163.3189,
F.S., as amended. and rename the remaining sections. The motion was duly seconded and
carried unanimously.
Ordinance 7967-08 was presented for second reading as amended and read by title
only. Councilmember Cretekos moved to pass and adopt Ordinance 7967-08 on second and
final reading as amended. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard.
"Nays": None.
Council recessed from 8:12 to 8:22 p.m.
Council 2008-07-17 15
City Manager Reports
10. Consent Agenda - Approved as submitted.
10.1 Approve the first renewal of the contract with Jamson Environmental to complete
remediation and address off site environmental impacts of the Clearwater Automotive Salvage
Yard (Brownfields Site BF97493703) at a cost of $346,913.45 and authorize the appropriate
officials to execute same.
10.2 Approve a License Agreement with Pinellas County allowing City access to conduct soil
assessments at the County Health Department at 310 North Myrtle Avenue. (consent)
10.3 Approve the RFP Review Committee ranking of responders to RFP 17-08: 1) Life Force
Cultural Arts Academy, Inc.; 2) Mt. Carmel Community Development Corporation of Clearwater;
approve agreement with Life Force Cultural Arts Academy, Inc. for the operation, maintenance
and programming of Kings Highway Recreation Center and authorize the appropriate officials to
execute same. (consent)
10.4 Approve Supplemental Work Order 1 to Advanced Engineering and Design, Inc in the
amount of $42,405.00 for additional work and design changes to Phase I of Tropic Hills
Drainage Improvements Project and authorize the appropriate officials to execute same.
(consent)
10.5 Approve a Construction Contract for the Alligator Lake Wetland Creation and
Stormwater Treatment project to Ripa and Associates in the amount of $471,033.90 and
authorize appropriate officials to execute same. (consent)
10.6 Approve a contract for the Clearwater Bayfront Promenade (05-0008-MA) to Misener
Marine Construction of Tampa, Fl, in the amount of $1,480,139.28 and authorize the
appropriate officials to execute same, and authorize staff to initiate financing of the project.
(consent)
10.7 Accept a 10-foot wide Water Main and Utilities Easement conveyed by the School Board
of Pinellas County, Florida, over, across and under a portion of the Southwest ¼ of the
Southwest ¼ of Section 2, Township 29 South, Range 15 East, in consideration of receipt of
$1.00 and the benefits to be derived therefrom. (consent)
10.8 Appoint Denise L. Rosenberger to the Airpark Advisory Board with the term expiring on
July 31, 2012.
10.9 Appoint Captain Mark Teunis from the City of Clearwater Police Department to the
Enterprise Zone Development Agency to "complete a term" until July 31, 2009 and reappoint
Rick DeBord from the City of Clearwater Community Response Team to the Enterprise Zone
Development Agency with the term expiring on July 31, 2012. (consent)
10.10 Approve submitting the following nominations for the Florida League of Cities Excellence
Awards: Clearwater for City of Excellence, Pam Akin for City Attorney of the Year and Doug
Williams for Citizen of the Year. (consent)
10.11 Approve a settlement of the case of Brenda Zega v. City of Clearwater, et al., Case No.:
07-4286-CI-11.
Council 2008-07-17 16
10.12 Approve a settlement agreement in the case of Wendy Cason v. City of Clearwater,
Case No. 06-6654-CI-15, in the amount of $74,999.00 and authorize officials to execute the
agreement.
10.13 Approve a settlement agreement settling the case of Christina McNeil Tracey and
Anchor Mini-Mart, Inc. v. City of Clearwater, Case: 07-6034-CI-15. (consent)
10.14 Approve filing a third-party complaint against Post, Buckley, Schuh & Jernigan, Inc.
(PBS&J) for contribution, indemnification and related causes of action for alleged wrongful
design and/or construction of the Coronado Drive Improvement portion of the Beach by Design
project in the case of Divaco, Inc. v. City of Clearwater, Case: 07-2045-CI-15. (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 Adopt a proposed millage rate of 4.9550 mills for fiscal year 2008/09 and set public
hearing dates on the budget for September 4, 2008 and September 18, 2008 to be held no
earlier than 6:00 p.m.
Budget Director Tina Wilson presented a PowerPoint presentation. In accordance with
the Truth in Millage (TRIM) process, the City Council must adopt a tentative millage rate and set
public hearing dates prior to finalizing and adopting the budget. This information must be
provided to the Property Appraiser by July 30, 2008. The Property Appraiser includes this
proposed millage rate and the public hearing dates on the TRIM bill notices mailed to taxpayers
in August. This tentative rate cannot be increased without first-class mailing to each taxpayer at
the expense of the City of Clearwater, not less than 10 days and not more than 15 days before
the final public hearing.
The City Manager's recommended millage rate is 4.9550 mills. This rate is 4.3% less
than the majority millage rate of 5.1785, which is the highest millage rate that the Council can
set with a majority vote. The majority rate is basically the highest rate an agency can set and
comply with the requirements of Amendment 1.
The rolled-back rate is the millage rate that will provide the same property tax revenue
as was levied the prior year. If the proposed rate of 4.9550 mills is adopted, the City's
ordinance adopting the millage rate will reflect a 6.13% decrease from the rolled-back rate of
5.2787 mills.
Options for establishing the millage rate and an estimated impact on the 2008/09
property tax proceeds are available for review. Other options for setting the millage rate are
noted below:
4.9550 mills Proposed millage rate
5.1785 mills Majority vote
5.2787 mills Rolled-back rate (super majority)
5.4979 mills Rolled-back rate adjusted for growth (super majority)
Council 2008-07-17 17
Ms. Wilson reviewed operational and financial impacts of the proposed budget, including
a reduction of 20.2 FTES (full-time equivalents), and the impact on homesteaded properties.
She said an additional budget reduction of $2.7 million would be required to go back to the
current millage rate. The expected EMS (emergency management services) funds had already
been included in the budget prior to the County’s notification that they will not provide the funds
expected under the ALS First Responder Agreement. Ms. Wilson said the slow economy has
affected more social service agencies’ funding opportunities.
It was remarked that the budget process allows the public the opportunity to give their
input regarding services, hours of operation for City facilities, etc. In response to a question,
Ms. Wilson said without new construction, property values are down 11%.
Three people spoke in support and one in opposition of the proposed millage rate.
Discussion ensued with comments that the City continues to receive changes from the
County while millage rates are being set, that the proposed millage rate can be reduced but not
increased once approved, and that cuts must be balanced across all areas of the City. It was
felt that the City needs to look further into the future and should not make draconian cuts this
year. Concern was expressed the City may not be able to maintain the levels of service citizens
have come to expect.
Councilmember Gibson moved to adopt a proposed millage rate of 4.9550 mills for fiscal
year 2008/09 and set public hearing dates on the budget for September 4, 2008 and September
18, 2008 to be held no earlier than 6:00 p.m. The motion was duly seconded and carried
unanimously.
Consensus was to schedule a Council Special Budget Meeting at 8:00 a.m. on August
21, 2008.
11.2 Receive and consider report of Chase Realty, Inc., with Wm. Mark Searcy as Agent, of
the results of the firm/agents efforts to identify and propose suitable parcels, including letters of
intent to sell said suitable parcels, for City purchase and development of a 300-space parking
garage on south Clearwater Beach.
At its March 6, 2008 meeting Council directed the City Attorney to prepare a Request for
Proposals from licensed real estate brokerage firms and agents for the purpose of selecting a
firm and agent to attempt to assemble land suitable for development of a 300-space public
parking garage on South Clearwater Beach.
RFP/RFQ 18-08 was issued on March 24, 2008 in response to that direction. Among
other matters, the RFP/RFQ required that respondents consider and address the following
tasks, provide their qualifications to undertake the requirements, and submit a time and fee
proposal to accomplish same:
a. Identify optimum locations and parcels required for the proposed project
b. Confirm ownership and title status of the various properties
c. Conduct discussions and negotiations with the respective owners
d. Secure Letters of Intent to Sell, including specific terms and conditions of sale
e. Deliver executed Purchase and Sale Contracts to the City for Council action
f. Assist City with all pre-closing requirements of each Contract
g. Oversee vacation of all properties prior to closing.
Council 2008-07-17 18
h. In the event the proposed assemblage is unsuccessful, prepare a market study
detailing conditions contributing to the lack of success in assembling the lands
The RFQ/RFP generated eight responses by the April 23, 2008 deadline, one of which
was not responsive to advertised requirements. The seven responsive proposals were received
and reviewed by a 5-member Staff Evaluation Committee. Chase Real Estate, Inc., with Wm.
Mark Searcy as Agent, was ranked highest by the Committee.
The City Council, at its May 15, 2008 meeting, authorized staff to negotiate a contract
with Chase Realty/Mark Searcy to complete the aforementioned engagement. The Agent was
to complete work and report to the City Council at its June 19th meeting all proposed parcels,
with contracts no later than July 1st.
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At the June 19 Council meeting, at the recommendation of staff and with the
concurrence of the Agent, the City Council extended the date for presentation of proposed
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parcels to its Work session on July 14due to the need to conclude further negotiation on
several potential parcels.
The Agent has completed the work under the proposal phase of the contract and is
prepared to report to City Council the results of his engagement.
Mark Searcy, Chase Real Estate, stated after Monday’s Work Session, he searched for
a one-acre parcel south of the Roundabout that could be purchased for $5 million. He said a
.75-acre property meets the design guidelines, price, location, etc. In response to a question,
Mr. Searcy said the property owners would like to retain the density from the property.
It was remarked that there is public access almost across the street from the north end
of the boundary of the proposed parcel. Mr. Quillen said that the 10-foot public access is only a
temporary access until Second Street is opened.
Concerns were expressed that comparables show only one sale in this area and the
Adam’s Mark “fire” sale. It was felt, as time passes, property owners will become more
motivated to lower their property prices. Mr. Searcy said the parcel he found is substantially
less than comparable properties. He said developers are waiting for Council to approve the
proposed density pool before buying properties in the area. It was remarked that density is not
a right.
Four people spoke regarding the need for Council to take action regarding a parking
garage.
Concern was expressed that Beach Walk was intended to stimulate tourist activity and
encourage residents to come back to the beach, however, residents are not coming to the
beach due to concerns regarding the lack of parking. Differences of opinion were expressed
regarding building a parking garage at the marina or Pier 60, and regarding the price to pay per
acre at the beach. It was suggested that the City again review City-owned properties to support
a parking garage and save taxpayer dollars. In response to a question the majority were in
favor of removing the Adams Mark site from consideration. It was felt that Mr. Searcy should
continue to search for parcels not to exceed $5 million an acre. It was suggested that plans be
drawn up to see how a parking garage would fit on the site brought forward by Mr. Searcy today
and that his contract be extended to August 21, 2008.
Council 2008-07-17 19
Councilmember Doran moved to extend Mark Searcy’s contract to August 21, 2008.
The motion was duly seconded and carried unanimously.
11.3 Amend City code Sections 2.082 through 2.084, delete Section 2.085 relating to the
Airpark Advisory Board and pass Ordinance 7982-08 on first reading.
The City Council reviewed the code sections relating to the Airpark Advisory Board and
directed the following changes: 1) Amend section 2.082 to require at least one neighborhood
representative on the board; 2) Amend section 2.084 to update the powers and duties of the
board; and 3) Delete 2.085 as it is redundant to 2.084.
Councilmember Cretekos moved to amend City code Sections 2.082 through 2.084,
delete Section 2.085 relating to the Airpark Advisory Board. The motion was duly seconded and
carried unanimously.
Ordinance 7982-08 was presented for first reading as amended and read by title only.
Councilmember Petersen moved to pass Ordinance 7982-08 on first reading as amended. The
motion was duly seconded and upon roll call, the vote was:
"Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard.
"Nays": None.
11.4 Approve submitting to the City electors on the November 4, 2008, General Election,
proposed amendments to the City Charter amending Section 8.05(d), deleting current language
and providing that the Pinellas County Canvassing Board shall serve as the City of Clearwater’s
canvassing board unless otherwise provided by ordinance and pass Ordinance 7991-08 on first
reading.
The State legislature in 2007 passed HB 537, which included a provision requiring a
post-certification manual audit of the voting system. As the manual audit requires much more
time and training of the canvassing board members than in the past, the Supervisor of Elections
is encouraging municipalities to allow the County Canvassing Board to perform this function.
The proposed amendment will allow the City to easily make changes should State law
change again. Placing the question on the November 2008 ballot will, if approved by the voters,
have the change in place in time for the next City election. Cost for placing it on the ballot will
be minimal, as the City will only be charged for its space on the ballot.
Councilmember Doran moved to approve submitting to the City electors on the
November 4, 2008, General Election, proposed amendments to the City Charter amending
Section 8.05(d), deleting current language and providing that the Pinellas County Canvassing
Board shall serve as the City of Clearwater’s canvassing board unless otherwise provided by
ordinance. The motion was duly seconded and carried unanimously.
Ordinance 7991-08 was presented for first reading as amended and read by title only.
Councilmember Petersen moved to pass Ordinance 7991-08 on first reading as amended. The
motion was duly seconded and upon roll call, the vote was:
"Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard.
Council 2008-07-17 20
"Nays": None.
Miscellaneous Reports and Items
12. City Attorney Reports
12.1 Ordinance 7992-08 - Amending solicitation ordinance
Councilmember Doran moved to take Item 12.1 out of order. The motion was duly
seconded and carried unanimously.
Item 12.1 was heard after Item 8.5.
Ms. Akin said this amendment to the solicitation ordinance will allow solicitation on
certain rights-of-way. The amendment tracks the statute that was drafted by Representative Ed
Hooper. The City ordinance applies to any entity that meets the ordinance’s requirements as
opposed to the State statute that allows solicitations by charitable organizations. The
amendment requires a 14-day notice prior to solicitation along with a safety plan, details of the
location where the solicitation will occur, and proof of liability insurance. Solicitations are limited
to 10 days cumulative to any organization, during daylight hours only, activity cannot interfere
with the safe and efficient movement of traffic, the solicitor must be age 18 or older, and signage
must be posted.
Representative Ed Hooper said he was displeased regarding an erroneous article,
saying the Council had directed Notices to Appear be issued to those participating in the boot
drive, including himself, that is on the IAFF (International Association of Fire Fighters) website.
Representative Hooper stated that he has contacted the IAFF requesting they remove the
article.
Discussion ensued with comments that solicitation in rights-of-way is a safety issue. It
was remarked that if solicitations in rights-of-way create problems the Council will re-address
the ordinance.
Councilmember Cretekos moved to amend the solicitation ordinance. The motion was
duly seconded. Councilmembers Cretekos, Doran, Gibson, and Mayor Hibbard voted “Aye”;
Councilmember Petersen voted “Nay.” Motion carried.
Ordinance 7992-08 was presented for first reading as amended and read by title only.
Councilmember Gibson moved to pass Ordinance 7992-08 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Doran, Cretekos, Gibson, and Hibbard.
"Nays": Petersen.
Motion carried.
13. City Manager Verbal Reports
Council 2008-07-17 21
County EMS Funding
The City Manager reported that the County has decided not to use its millage authority
to fund EMS services and is asking the City to take a $125,000 reduction in funding. He said
some cities have indicated they are willing to absorb the cuts for one year only. Other cities
have not decided what to do. He said the Assistant City Attorney has indicated there is a legal
basis to fight the County on this issue.
It was felt that the City wants to maintain a good relationship with the County, however,
contracts should be honored.
The Mayor stated he would ask the Council of Mayors to address the County’s request
for cities to accept reductions in funding.
14. Council Discussion Items
14.1 Catholic Charities Request for Contribution for Pinellas Hope I
The City Manager reported that Catholic Charities has requested the County fund its
operations for next year. The County is expected to fund 70% of the request and expects cities
to cover the remaining costs. Clearwater’s share would be $50,000 as a one-time expense for
Pinellas Hope I in its current format, using retained earnings.
Discussion ensued with comments that Catholic Charities has a good track record and
dollars are better spent on preventing problems caused by homelessness. It was noted
approximately 17% to 20% of people cycled through Pinellas Hope are Clearwater residents.
Economic Development & Housing Director Geri Campos Lopez said the City has already
committed $124,000 from Housing Trust Fund dollars for bricks and mortar, or approximately 80
beds, for Pinellas Hope 2. No funds have been committed for Pinellas Hope’s operations.
Councilmember Petersen moved to approve a $50,000 contribution from retained
earnings as one-time expense to Catholic Charities for Pinellas Hope 1. The motion was duly
seconded and carried unanimously.
A&E Network Production of Spyglass Hotel Demolition
The City Manager reported that A&E Network is interested in working with the Spyglass
Hotel and the City regarding including the demolition of the Spyglass hotel on Clearwater Beach
in a Criss Angel: Mindfreak episode.
Public Communications Director Doug Matthews said permit applications have been
filed. The Fire Department has questions regarding placement of the explosives being used.
The demolition permit appears to be in order although there are some questions regarding
insurance and liability. Adjacent property owners have some concerns that do not involve the
City. He requested direction regarding traffic on South Gulfview. He said consensus of all
parties is to close South Gulfview from Pier 60 to south of the Hyatt construction site from July
28 through July 30. All north/south traffic on south beach would be closed during the implosion
scheduled for 10:00 to 11:00 p.m. on July 30. Mr. Matthews said the Clearwater Regional
Chamber of Commerce has indicated they have no issues with the road closure. Mr. Matthews
Council 2008-07-17 22
said Police and Fire department costs for the event are estimated at $15,000. A&E Network
producers feel that Clearwater should participate in production costs for the event as it will
receive international publicity. The Film Commission is willing to make a contribution to the
project only if Clearwater makes a contribution. He said the CVB (Convention Visitor’s Bureau)
also will contribute to production costs. Mr. Matthews said based on data provided by the Film
Commission, last year’s live Criss Angel event generated approximately 2.5 million viewers.
Mr. Matthews said producers would quickly break down operations after production and
leave the area. Removal of debris and site clean up is expected to be completed by August 31.
No road closures are anticipated during the clean up process. In response to a question, Mr.
Matthews said he did not know how much of the event’s production costs A&E would contribute.
The insurance limits required by the demolition contractor and a number of outstanding
questions are being reviewed. There is some activity scheduled by adjacent property owners
during the timeframe that the production is scheduled. However, the City has no liability
regarding damages to adjacent property owners due to this event.
Discussion ensued with comments that this will generate significant publicity while
eliminating a building the City wants demolished. It was stressed, that construction of the Hyatt
should not be slowed down. It was felt the inconvenience caused by the event will be minimal.
Spiritual Change Discussion
Discussion ensued with comments that although Mr. Wade of Spiritual Change has done
a great job providing services and jobs in the community, his original request was for a lesser
amount. Concern was expressed regarding the request to fund salaries and what would
happen the following year if the organization cannot pay them.
Ms. Akin reported that Council rule requires Council cannot take action regarding
expenditures unless the expenditure is listed on the meeting agenda, or unless there is a super
majority vote. Supporting materials also must be provided.
The City Manager will clarify funds request from Spiritual Change.
15. Other Council Action
Councilmembers reported on events in which they recently participated and reviewed
upcoming events; congratulated City Attorney Pam Akin on being recognized by the Florida Bar
as a Legal Elite Government Attorney and City Clerk Cyndie Goudeau on her installation as
President of the Florida Association of City Clerks.
Councilmember Doran wants redlight camera enforcement on next agenda.
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Councilmember Cretekos thanked John and Mary Kay Wilson, et al for being at July 4
festivities.
Councilmember Petersen urged all get copy of Surviving the Storm.
Councilmember Hibbard urged all to come out to Beach Walk on Saturday.
16. Adjourn
Council 2008-07-17 23
The meeting adjourned at 10:50 p.m.
::t-e ~
~or
City of Clearwater
Attest:
(Y.~M>>-- [_ ~. ~~ ~ D
~k
Council 2008-07-17 24