12/04/2008CITY COUNCIL MEETING MINUTES
CITY OF CLEARWATER
December 4, 2008
Present: Frank Hibbard
George N. Cretekos
John Doran
Carlen Petersen
Paul Gibson
Mayor
Vice-Mayor
Councilmember
Councilmember
Councilmember
Also present: William B. Horne II
Jill S. Silverboard
Rod Irwin
Pamela K. Akin
Cynthia E. Goudeau
Rosemarie Call
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 Father Ralph Kilumanga of St. Cecelia Catholic 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. Turkev Trot Presentation
Skip Rodgers, West Florida Y Runners Club, thanked the City and volunteers for their
efforts and presented the City with a plaque commemorating the 30th Annual Turkey Trot.
5 - Approval of Minutes
5.1 Approve the minutes of the November 18. 2008 Citv Council Meetina. as submitted in
written summation by the City Clerk.
Councilmember Gibson requested to amend page 4 to reflect, "a corporate officer from
Related Group will attend the next council meeting."
Councilmember Petersen moved to approve the minutes of the November 18, 2008 City
Council Meeting as amended. The motion was duly seconded and carried unanimously.
6 - Citizens to be Heard re Items Not on the Agenda
John Wiser expressed concerns with poor attendance by city representatives at the
MPO Bicycle Advisory Committee meetings.
Brad Ackerman requested easing requirement of a Clearwater Family Recreation Card
for non-residents with children participating in Clearwater Little League.
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Public Hearings - Not before 6:00 p.m.
7 - Administrative Public Hearings
7.1. Authorize the funding of the Royalty Theater and Lokey building property purchases in the
amount of $2.4 million from available Penny for Pinellas reserves, rather than from Special
Development Fund reserves as previously approved.
At the November 6, 2008 meeting, the City Council authorized the assumption of the
contracts to purchase the Royalty Theater and the Lokey buildings in the amount of $2.4
million. Funding for the contracts was provided from the unappropriated retained earnings of
the Special Development Fund. At that time, Council directed staff to hold a public hearing to
allow the purchase to be funded from Penny for Pinellas reserves, rather than Special
Development Fund reserves.
Upon authorization of this agenda item, first quarter amendments will reflect the transfer
of $2.4 million of Penny for Pinellas funds to project 315-93614 for the property purchase. The
Special Development Fund reserves of $2.4 million will remain in the Special Development
Fund for appropriation until needed for other projects.
In response to a question, Budget Director Tina Wilson said Penny funds being used for
the Royalty Theater and Lokey building are unallocated funds from the last ten-year cycle.
Three individuals spoke in support and one in opposition.
Councilmember Cretekos moved to approve authorizing the funding of the Royalty
Theater and Lokey building property purchases in the amount of $2.4 million from available
Penny for Pinellas reserves, rather than from Special Development Fund reserves as previously
approved. The motion was duly seconded and carried unanimously.
7.2. Approve the applicant's request to vacate the 40-foot street right-of-way of Myrtle Avenue
that lies along the West property lines of Lot 1 and Lots 9 through 26 inclusive, Block "J",
Belmont Second Addition, (a.k.a. 801 Howard Street), subject to the retention of a drainage and
utility easement over the full width of the street right-of-way to be vacated and approve
Ordinance Number 8015-08 on first readina. (VAC2008-02 Eaaers-City of Clearwater).
The applicant is seeking the vacation in order to eliminate the otherwise applicable setback
requirement from a street right-of-way to permit the future construction of a single family home
on Lots 1 and 2 of said Block "J", Belmont Second Addition.
The City of Clearwater has joined in this request to vacate the remainder of this unimproved
street from the south property line of Lot 1 to the northerly right-of-way line of Belleair Road.
Two improved streets, Scranton Avenue to the east and Myrtle Avenue to the west are located
nearby; accordingly no future need for this street as a roadway is anticipated. The City of
Clearwater maintains stormwater facilities within the subject street portion but no other utilities
are present at this time.
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The Engineering Department has no objections to the vacation request provided that a
drainage and utility easement is retained over the full width of the street right-of-way to be
vacated. Verizon, Bright House, Knology and Progress Energy have no objections to the
vacation request.
Engineering Assistant Director Scott Rice said the applicant withdrew the request.
Councilmember Petersen moved withdraw Item 7.2. The motion was duly seconded and
carried unanimously.
7.3. Continue Public Hearing and First Reading of Ordinance 7999-08 regarding downtown
parking to December 18, 2008.
Due to advertising requirements this item needs to be continued.
Councilmember Doran moved to continue Item 7.3 to December 18, 2008. The motion
was duly seconded and carried unanimously.
7.4. Continue amended and restated Development Agreement for property located at 100
Coronado, between K and P Clearwater Estate, LLC (the property owner) and the City of
Clearwater (Case No. DVA2008-00001)to December 18, 2008.
Because a corporate officer of the Related Group is not able to attend as requested, this
item is to be continued.
It was requested that Item 7.4 be continued to January 15, 2009, as the applicant will be
out of the country the rest of December.
Engineering Director Mike Quillen said if item is moved to January, parking lot
improvements will not be completed before Spring Break.
Discussed ensued. Concern was expressed that a corporate officer from Related Group
will never be available to attend a council meeting. It was stated that the applicant's presence
at the December meeting is not needed to approve the amended development agreement.
Councilmember Doran moved to continue Item 7.4 to December 18, 2008. The motion
was duly seconded and carried unanimously.
8 - Second Readings - Public Hearing
8.1. Continue Public Hearing and 2nd Reading of Ordinance 7999-08, regarding downtown
parking, to January 15, 2009.
Councilmember Petersen moved to continue Item 8.1 to January 15, 2008. The motion
was duly seconded and carried unanimously.
8.2. Continue Public Hearing and 2nd Reading of Ordinance 8015-08 to December 18, 2008,
regarding VAC2008-02 Eggers.
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Councilmember Petersen moved to withdraw Item 8.2. The motion was duly seconded
and carried unanimously.
City Manager Reports
9 - Consent Agenda - Approved as submitted.
9.1. Approve legal services agreements between Banker Lopez Gassler PA and The Law Office
of Tim Jesaitis, PA, and the City of Clearwater for legal services relating to workers'
compensation claims, authorize the appropriate off icils to execute same and authorize
payments to said firms in an amount not to exceed $215,000 for the period, January 1, 2009 to
December 31, 2011. (consent)
9.2. Approve the collective bargaining agreement as negotiated between the City of Clearwater
and CWA Local 3179 for Fiscal Years 2008/09. 2009/10. and 2010/11. (consent)
9.3. Approve proposals for the Nagano Exchange High School Student Scholarship. (consent)
9.4. Approve Standard Agreement Form to be used with the various Senior Adult Co-Sponsor
Groups and the City of Clearwater and authorize the City Manager and/or his designee to
approve such agreements. (consent)
Councilmember Doran moved to approve the Consent Agenda as submitted and that the
appropriate officials be authorized to execute same. The motion was duly seconded and carried
unanimously.
Miscellaneous Reports and Items
Bennet Co. v City of Clearwater
City Attorney Pam Akin requested guidance regarding filing an appeal to the court ruling
overturning Council action to rezone the property known as the Shoppes on Sand Key as
Commercial, rather than Tourist as requested by Bennet Company. The appeal must be filed
within 30 days and would be handled by an in-house attorney at an estimated cost of $2,000.
In response to questions, Assistant City Attorney Leslie Dougall-Sides reviewed grounds
for appeal: 1) Court should remand for action in accordance with the opinion and not direct the
local government what to do; 2) Court ignored rezoning criteria established in the Community
Development Code and 3) Comprehensive Plan should be considered first as it is most recently
adopted and the land development regulations enact the plan.
Discussion ensued. It was stated that rezoning the property commercial versus tourist
will not guarantee the Shoppes on Sand Key will remain.
Two individuals spoke in support.
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Councilmember Cretekos moved to file an appeal. The motion was duly seconded.
Councilmembers Cretekos, Doran, Gibson and Mayor Hibbard voted "Aye," and Councilmember
Petersen voted "Nay." Motion carried.
10 - City Manager Verbal Reports
10.1 Operation Clamp the Amp
Dewey Williams reviewed efforts to minimize amplified sounds from vehicles. Citizens
can report violations by completing online form. The Police Department will issue warning
letters for violations not witnessed by an officer. Additional cost to the city will be postage.
10.2. Convention Center Task Force
Assistant City Manager Rod Irwin said he prepared a cost analysis on the Harborview
Center. The information will be presented to the task force on Friday, December 5, 2008.
10.3 Closure of North Ward Elementary School
Concern was expressed regarding the effect of the school's closure would have on area
students and City's ability to obtain affordable housing tax credit incentives.
Consensus was for staff to contact the School Board for detailed information.
11 - Other Council Action
Councilmembers reported on events in which they recently participated and reviewed
upcoming events and urged all to donate to their favorite charities.
12 - Adjourn
The meeting adjourned at 7:19 p.m.
c~
Mayor
City of Clearwater
Attest:
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