10/02/2008CITY COUNCIL MEETING MINUTES
CITY OF CLEARWATER
October 2, 2008
Present: Frank Hibbard
John Doran
Paul Gibson
George N. Cretekos
Absent:
Also present:
Carlen Petersen
William B. Horne II
Jill S. Silverboard
Rod Irwin
Pamela K. Akin
Cynthia E. Goudeau
Rosemarie Call
Mayor
Councilmember
Councilmember
Vice-Mayor
Councilmember
City Manager
Assistant City Manager
Assistant City Manager
City Attorney
City Clerk
Management Analyst
The Mayor called the meeting to order at 6:00 p.m. at City Hall. The invocation was
offered by Assistant Pastor Thomas Jones of Flowing River 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. 2008 Legislative Session Report - Rep. James C. Frishe
4.2. Key to the City to Silver Medal Winner, 2008 Olympics - Zach Railey
4.3. Rays Month Proclamation, October 2008
4.4. Arts and Humanities Month in Clearwater Proclamation, October 2008
4.5. Ooera Month Proclamation. October 2008
4.6. National Community Planning Month Proclamation, October 2008
4.7. Fire Prevention Week Proclamation, October 5 - 11, 2008
4.8. National Lona-Term Care Residents' Riahts Month Proclamation. October 2008
4.9. Public Natural Gas Week, October 5-11, 2008
5 - Approval of Minutes
Council 2008-10-02
5.1 Approve the minutes of the September 18, 2008 City Council Meeting and the September
18, 2008 IAFF Impasse Special City Council Meeting as submitted in written summation by the
City Clerk.
Councilmember Doran moved to approve the minutes of the September 18, 2008, City
Council Meeting and the September 18, 2008, IAFF Impasse Special 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 - None
Public Hearings - Not before 6:00 p.m.
7 - Second Readings - Public Hearing
7.1. Pass Ordinance 7945-08 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 802 Woodlawn Street, 826 Woodlawn Street, 830 Woodlawn
Street and an unaddressed parcel designated as 22/29/15/00000/320/0200, consisting of
property located in Metes and Bounds 32/02, 32/03 and 32/07, in Sec. 22-29-15, from
Residential Urban (RU) and Institutional (1). to Residential Low Medium (RLM).
Ordinance 7945-08 was presented for second reading and read by title only.
Councilmember Cretekos moved to pass Ordinance 7945-08 on second reading. The motion
was duly seconded and upon roll call, the vote was:
"Ayes": Cretekos, Doran, Gibson, and Hibbard.
"Nays": None.
Absent: Petersen.
7.2. Continue second reading of Ordinance 7946-08 amending the Zoning Atlas of the city by
rezoning certain real property whose post office address is 802 Woodlawn Street, 826
Woodlawn Street, 830 Woodlawn Street and an unaddressed parcel designated as
22/29/15/00000/320/0200, consisting of property located in Metes and Bounds 32/02, 32/03 and
32/07. in Sec. 22-29-15. from Institutional (1) to Medium Densitv Residential (MDR).
Councilmember Gibson moved to continue Item 7.2 to October 16, 2008. The motion
was duly seconded and carried unanimously.
7.3. Adopt Ordinance 7973-08 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 1551 Gulf Boulevard from Residential Medium (RM) and
Preservation (P) to Recreation/Open Space (R/OS) and Preservation (P).
Ordinance 7973-08 was presented for second reading and read by title only.
Councilmember Doran moved to pass and adopt Ordinance 7973-08 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
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"Ayes": Doran, Gibson, Cretekos and Hibbard.
"Nays": None.
Absent: Petersen.
7.4. Adopt Ordinance 7974-08 on second reading, amending the Zoning Atlas of the city by
rezoning certain real property whose post office address is 1551 Gulf Boulevard from Business
(B) to Open Space/Recreation (OS/R) and Preservation (P).
Ordinance 7974-08 was presented for second reading and read by title only.
Councilmember Cretekos moved to pass and adopt Ordinance 7974-08 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Doran, Gibson, Cretekos and Hibbard.
"Nays": None.
Absent: Petersen.
7.5. Adopt Ordinance 7976-08 on second reading, amending the Zoning Atlas of the city by
rezoning certain real property whose post office address is 1170, 1180, 1200, and 1226 Gulf
Boulevard, from Business (B) to High Density Residential (HDR) and Preservation (P).
Ordinance 7976-08 was presented for second reading and read by title only.
Councilmember Gibson moved to pass and adopt Ordinance 7976-08 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Doran, Gibson, Cretekos and Hibbard.
"Nays": None.
Absent: Petersen.
7.6. Adopt Ordinance 7977-08 on second reading, amending the Zoning Atlas of the ci
rezoning certain real property whose post office address is 1520, 1540, and 1560 Gulf
Boulevard, from Business (B) to High Density Residential (HDR).
Ordinance 7977-08 was presented for second reading and read by title only.
Councilmember Doran moved to pass and adopt Ordinance 7977-08 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Doran, Gibson, Cretekos and Hibbard.
"Nays": None.
Absent: Petersen.
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7.7. Adopt Ordinance 7978-08 on second reading, amending the Zoning Atlas of the city by
rezoning certain real property whose post office address is 1501 Gulf Boulevard, from Business
(B) to Medium Density Residential (MDR) and Preservation (P).
Ordinance 7978-08 was presented for second reading and read by title only.
Councilmember Cretekos moved to pass and adopt Ordinance 7978-08 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Doran, Gibson, Cretekos and Hibbard.
"Nays": None.
Absent: Petersen.
7.8. Adopt Ordinance 7995-08 on second reading, amending the Operating Budget for the fiscal
year ending September 30, 2008 to reflect increases and decreases in revenues and
expenditures for the General Fund, Special Development Fund, Special Program Fund, Water
and Sewer Fund, Stormwater Utility Fund, Gas Fund, Solid Waste Fund, Recycling Fund,
Marina Fund, Harborview Fund, General Services Fund, Garage Fund, and Central Insurance
Fund.
Ordinance 7995-08 was presented for second reading and read by title only.
Councilmember Gibson moved to pass and adopt Ordinance 7995-08 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Doran, Gibson, Cretekos and Hibbard.
"Nays": None.
Absent: Petersen.
7.9. Adopt Ordinance 7996-08 on second reading, amending the Capital Improvement Budget
for the fiscal year ending September 30, 2008, to reflect a net increase of $5,923,873.
Ordinance 7996-08 was presented for second reading and read by title only.
Councilmember Doran moved to pass and adopt Ordinance 7996-08 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Doran, Gibson, Cretekos and Hibbard.
"Nays": None.
Absent: Petersen.
7.10. Adopt Ordinance 8003-08 on second reading, amending Chapter 2, Article III, Code of
Ordinances, relating to appointed authorities, boards, committees, updating language to refer to
"City Council" and making other clerical corrections; amending Section 2.063 regarding
qualifications and appointment of members; amending Section 2.064 regarding terms of
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members; amending 2.069 regarding resignation of members; repealing Division 3,
Beautification Committee and Division 4. Communitv Relations Board.
Ordinance 8003-08 was presented for second reading and read by title only.
Councilmember Cretekos moved to pass and adopt Ordinance 8003-08 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Doran, Gibson, Cretekos and Hibbard.
"Nays": None.
Absent: Petersen.
City Manager Reports
8 - Consent Agenda - Approved as submitted, except Item 8.11
8.1. Declare the list of vehicles and equipment surplus to the needs of the City and authorize
disposal through sale to the highest bidder at the Tampa Machinery Auction, Tampa, Florida,
and authorize the appropriate officials to execute same. (consent)
8.2. Approve and accept a Non-Exclusive Gas Line Easement Agreement with University
Community Hospital to install a 4-inch natural gas main to serve the Connerton Commerce
Center and authorize the appropriate officials to execute same. (consent)
8.3. Award a contract (purchase order) to State of Florida, Department of Management
Services, Tallahassee, Florida - Suncom long distance overflow service, State AIN lines, and
Toll free lines during the period October 1, 2008 to September 30, 2009, at a cost not to exceed
$143,150 in accordance with Sec. 2.564 (1)(d), Code of Ordinances, under State Contract 03-
STO-011, and authorize the appropriate officials to execute same. (consent)
8.4. Award a contract (Purchase Order) to Oracle USA Inc., Chicago, Illinois for the period
October 1, 2008 through September 30, 2009 for database maintenance at a cost not to exceed
$185,000 in accordance with Sec. 2.564 (1)(b) and authorize the appropriate officials to execute
same. (consent)
8.5. Award a contract (purchase order) to Sprint/Nextel, Los Angeles, California - Cellular/radio,
Treo and Blackberry services during the period October 1, 2008 to September 30, 2009 at a
cost not to exceed $191,170 in accordance with Sec. 2.564 (1)(d), Code of Ordinances, under
State Contract 12-00115 and authorize the appropriate officials to execute same. (consent)
8.6. Award a contract (Purchase Order) to Verizon, Florida, Inc., Saint Petersburg, FL -
Telephone service including frame relay service, TVs, Centranet trunks, directory advertising,
credit/collect calls, VADI circuit, and DSL high bandwidth services during the period October 1,
2008 through September 30, 2009, at a cost not to exceed $461,690 in accordance with Sec.
2.564 (1)(e) and authorize the appropriate officials to execute same. (consent)
8.7. Award contracts (blanket purchase orders) to Baker and Taylor, Atlanta, GA - $240,000;
Ingram Library Services, Atlanta, GA - $160,000; and Ebsco Subscription Services,
Council 2008-10-02
Birmingham, AL - $130,000 for the purchase of library books and materials for the contract
period 10/3/08 through 9/30/09 and authorize the appropriate officials to execute
same.(consent)
8.8. Award a contract (blanket purchase order) to Chall Tennis Management, LLC of
Clearwater, Florida, in the amount of $200,000, for providing tennis lessons and tennis services
at the Henry L. McMullen Tennis Complex per code section 2.564(e), impractical to bid and
authorize the appropriate officials to execute same. (consent)
8.9. Approve the renewal of contract with Northeast II, Inc., DBA TC Specialties, of Tampa, FL,
in the amount of $417,000 for mail processing services and postage for the City of Clearwater
from November 1, 2008 through October 31, 2009, and authorize the appropriate officials to
execute same. (consent)
8.10. Award a contract by purchase order to Pinellas County Solid Waste for an operating
expenditure of $4,800,000 for the disposal of solid waste at the Pinellas County waste-to-energy
plant/landfill for the period October 3, 2008 through October 31,2009 as provided in the City's
Code of Ordinances, Section 2.564 (1) (d), Services Provided by Other Governmental Entities,
and authorize the appropriate officials to execute the same. (consent)
8.11. See below.
8.12. Amend Council Policy, General Administration I - Special Event Street Closure Limitation
to exempt Cleveland Street between Osceola and Myrtle Avenues and approve Council Policy,
General Administration J - Closure of Cleveland Street between Osceola and Myrtle Avenues.
(consent)
Councilmember Doran moved to approve the Consent Agenda as submitted less Item
8.11 and that the appropriate officials be authorized to execute same. The motion was duly
seconded and carried unanimously.
8.11. Approve a contract to Semper Fi Services, LLC, of Palmetto, FL in the amount of
$626,257.76 for the construction of Court Street Improvements (08-0035-EN) which is the
lowest responsible bid received in accordance with plans and specifications; approve an
Interlocal Agreement between Pinellas County and the City in the amount of $400,000 and
authorize the appropriate officials to execute same. (consent)
The Court Street Improvements include key items such as:
1) The installation of a mast arm traffic signal at Court Street and Osceola Avenue to
facilitate the safe crossing of pedestrians across Court Street.
2) The replacement of an existing span wire traffic signal at Court Street and Oak
Avenue with a new mast arm signal.
3) The widening of the sidewalk in front of the courthouse on the south side of Court
Street for 240 feet from the eastern curb line of Oak Avenue to the east. The sidewalk will go
from an existing width of seven feet to 21 feet wide. Additionally, bollards and chains will be
Council 2008-10-02 6
installed to channel the pedestrian crossings along Court Street to two locations; one on the
east side of Osceola Avenue and one on the east side of Oak Avenue.
4) Providing dual southbound left turn lanes from Oak Avenue to Chestnut Street to
assist in clearing the PM Peak hour traffic leaving the courthouse.
5) Provide a mast arm on Court Street east of Garden Avenue providing overhead lane
assignment signage and the realignment of the lanes on Court Street from Garden Avenue to
Osceola Avenue. The new lane arrangement will provide a westbound left/through combination
lane, two westbound through lanes and a westbound right turn only lane approaching Ft.
Harrison Avenue on Court Street.
6) Relocate the signalized crosswalk at Chestnut Street and Oak Avenue from the east
approach to the west approach so that pedestrians are redirected in their path to eliminate the
conflict with the southbound dual left turn lanes. The pedestrian's new path will take them north
along the west side of Oak Avenue to a new crossing on Oak Avenue across from the
Courthouse.
7) Establish a pedestrian crossing at Chestnut Street and Palm Avenue and establish a
landscape buffer along the sidewalk on the north side of Chestnut Street east of Palm Avenue.
An Interlocal Agreement between the City of Clearwater and Pinellas County will provide
50% reimbursement of the project to the City up to the amount of $400,000. Sufficient budget
and revenue are available in Capital Improvement Program (CIP) project 0315-92558
Intersection Improvements in the amount of $555,886.58 and $70,371.18 from CIP 0315-92553,
New Signal Installation to fund the project.
In response to questions, Traffic Operations Manager Paul Bertels said the adaptive
control technology found on Gulf to Bay Boulevard is susceptible to traffic and pedestrian
conditions; causing side streets to wait for main street traffic to pass. Staff will express
Council's concerns regarding light synchronization to the County. It was suggested
Councilmembers attend an ITS Committee meeting.
Councilmember Cretekos moved to approve Item 8.11. The motion was duly
seconded and approved unanimously.
9 - Other items on City Manager Reports
9.1. Approve First Amendment to Lease Agreement and a Contract for Purchase of Real
Property by the City of Clearwater, Florida, between the City of Clearwater and Clearwater
Country Club Management, Inc. (CCC) pursuant to the City's acquisition of 5.7 acres owned by
CCC for $2,125,000 and authorize the appropriate officials to execute same.
The City of Clearwater and Clearwater Country Club Management, Inc. (CCC) currently
have a Lease Agreement for CCC to operate the City's public golf course located at 525 Betty
Lane North, which will expire April 30, 2032. CCC currently owns 5.7 acres, including parking
and the clubhouse, which is surrounded by the City's golf course, which CCC operates on
behalf of the City.
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At the June 19, 2008 City Council meeting, City Council approved a term sheet for the
sale and purchase of CCC-owned property. The basic components of the First Amendment are:
1) The City to purchase the clubhouse parcel for an amount not to exceed $2,125,000; 2)
Annual lease payments by CCC of $200,000, paid quarterly, will commence October 1, 2009.
This will allow CCC to retire current revolving line of credit and develop a twelve-month funding
strategy so as to cover all club expenses during the slower summer months; 3) Establishment of
an annual $50,000 CIP, administered by the City at its sole discretion, effective FY 2009/10.
The City will procure turf maintenance supplies for use at the golf course and be reimbursed for
out-of-pocket expenses; 4) Require CCC at all times, subject to reasonable rules and
regulations common to other similar facilities in the area, to make the facilities available to City
of Clearwater residents who are not members of the Club upon payment of reasonable,
applicable fees for such use.
Implementation of these two agreements will bundle all assets of the course under one
ownership and provide increased savings to the overall operation. At the June 19, 2008
meeting, City Council gave staff direction to negotiate a contract and a capital project was
established in the amount of $2,025,000 for the purchase. CCC is working to bring a Director of
Golf Operations on board versed in the Tampa Bay golf market with extensive golf marketing
experience.
In response to questions, Parks and Recreation Assistant Director Art Kader said the
golf course will remain open to the public, residents and non-residents. To ensure the country
club was on sound financial footing, the first year will be rent free. This time is to be used to pay
off their line of credit. Real Estate Services Coordinator Earl Barrett reviewed the different
types of appraisal methods used for the two certified appraisals submitted. It was stated that
the bank has a lease hold mortgage on the property; if not paid, the City will have to find another
operator or the bank will find someone else to operate the facility.
It was requested that staff clarify the availability and use of golf course to include tourists
and that no further borrowing or pledging of equipment be allowed.
Councilmember Cretekos moved to continue Item 9.1 to October 15, 2008. The motion
was duly seconded and carried unanimously.
9.2. Appoint two members to the Municipal Code Enforcement Board with the term expiring on
October 31, 2011.
It was noted that Mr. Keyes and Mr. Goins are interested in being reappointed. Mr.
Keyes is completing his second term and Mr. Goins, his first. Discussion ensued. Concern was
expressed that advisory board term limits were removed for purpose of appointing members to
boards that have difficulty getting nominees.
Councilmember Doran moved to reappoint James Goins to the Municipal Code
Enforcement Board with term expiring on October 2011. The motion was duly seconded and
carried unanimously.
Council 2008-10-02 8
Councilmember Cretekos moved to appoint Michael Boutzoukas to the Municipal Code
Enforcement Board with term expiring on October 2011. The motion was duly seconded. Upon
the vote being taken, Councilmembers Cretekos and Gibson voted "Aye"; Councilmember
Doran and Mayor Hibbard voted "Nay." Due to a tie vote, by rule, this item was continued to
October 15, 2008.
Miscellaneous Reports and Items
10 - City Attorney Reports
10.1. Royalty Theater - Item Pulled.
11 - City Manager Verbal Reports
11.1. Short-Term Rentals
The City of Clearwater took the position in the Allbritton v. City litigation that short-term
rental use had always been prohibited within residential zoning districts of the City. With Final
Judgment having been entered against the City in the case, upheld without opinion on appeal,
the "law of the Circuit" in the Sixth Judicial Circuit is currently that such use in Clearwater, where
proven to have been established prior to the adoption of Ordinance 7105-03, may be allowed to
continue and run with the land as a legal nonconforming use.
Presumably, those property owners who could demonstrate similar factual
circumstances to the Circuit Court would obtain an identical judicial ruling. Given this
background, the City has determined to allow property owners to apply through the
administrative interpretation process referenced in Community Development Code, Article 5,
Division 7, for an interpretation as to whether they are entitled to such status. Such a process
has the advantages of fitting within the City's existing Code framework, potentially saving
litigation costs, and providing relief for code enforcement resources. An interpretation by the
Community Development Coordinator is subject to appeal under Section 4-501A.1. to the
Community Development Board.
The Community Development Coordinator will consider the following criteria in making
an interpretation as to whether a particular short-term rental use constitutes a legal
nonconforming use in a residential zoning district: 1) Length of use: property must have been
rented on short-term basis prior to the adoption of Ordinance 7105-03; 2) Frequency and
continuation of use: there must not have been a discontinuance or abandonment of the use for
six consecutive months. See Section 8-102, definition of "abandoned building" and other
applicable definitions; Section 6-103, Nonconforming Uses, Subsection D; 3) Documentation
must be submitted of registration of use with State and County and payment of applicable state
and county taxes for use; and 4) Property must not have been, or become, ineligible for
homestead status under Florida Statutes Chapter 196 during period of use.
The Coordinator shall review information submitted by the property owner and available
to the City, including whether the applicant meets the above criteria, in making an interpretation
as to legal nonconforming use status, also including the following: Documentation of use
through one or more of the following: rental contracts; realtor listings; evidence of payment/
receipts; correspondence with renters; affidavit of property owner or others; other evidence.
Council 2008-10-02 9
Observations of, and results of investigation by, City staff as to use, e.g., traffic/parking, contact
with property owner.
There is currently no charge for Administrative Interpretations under Community
Development Code, Appendix A., Section VIII, Land Development. Staff will process a Code
amendment adding a line item with fee to this Section, and will develop a corresponding
application form.
Planning Director Michael Delk reviewed proposed policy.
Discussion ensued. It was stated that non-conforming status can be maintained once
every six months; does not need to be continuous.
It was requested that Criteria #3 include a copy of the federal income tax schedule for
the property being used.
Councilmember Gibson moved to accept the policy as amended adding the criteria
regarding federal income tax. The motion was duly seconded and carried unanimously.
12. Other Council Action
Council members reported on events in which they recently participated and reviewed
upcoming events and congratulated the Tampa Bay Rays for their first post-season win against
the Chicago White Sox and cheered the Philadelphia Phillies.
Councilmember Doran - congratulated Economic Development and Housing
Department for receiving the Outstanding Florida Main Street Public Improvement Award for
Cleveland Streetscape and Tony Starova (Tony's Pizzeria) for Outstanding Florida Main Street
Business of the Year Merit Award.
Mavor Hibbard - congratulated Sheriff Jim Coats for receiving PACE award, and
informed all of food wager Tampa Bay mayors have with Chicago Mayor Richard Daley.
13. Adjourn
The meeting adjourned at 7:43 p.m.
~/~#~
'Mayor
City of Clearwater
Attest:
Council 2008-10-02
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