02/19/2009CITY COUNCIL MEETING MINUTES
CITY OF CLEARWATER
February 19, 2009
Present: Frank Hibbard
George N. Cretekos
Carlen Petersen
John Doran
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 Pastor Walter Campbell of Bayview Baptist 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 - Approval of Minutes
4.1 Approve the minutes of the Februarv 5. 2009 Citv Council Meetina as submitted in written
summation by the City Clerk
Councilmember Petersen moved to approve the minutes of the February 5, 2009, 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.
5 - Citizens to be Heard re Items Not on the Agenda
William McKinny requested assistance regarding the demolition of homes in the North
Greenwood community.
Sheila Cole and Paul Andrews expressed concerns South Gulfview roadway project
would occur during tourist season peak and negatively impact business community.
In response to questions, Engineering Director Mike Quillen said traffic will be
maintained during the entire process and should take approximately six months.
Discussion ensued. Staff directed to move project time frame to August 2009.
Public Hearings - Not before 6:00 p.m.
Council 2009-02-19
6 - Administrative Public Hearings
6.1. Approve the Annexation, Initial Land Use Plan Designation of Residential Low (RL) and
Initial Zoning Atlas Designation of Low Density Residential (LDR) District for 1820 Beverly Circle
N. (Lot 13, Block "C", Meadow Creek in Section 24, Township 29 South, Range 15 East); and
Pass Ordinances 8029-09, 8030-09 and 8031-09 on first reading. (ANX2008-11018)
This voluntary annexation petition involves a 0.253-acre property consisting of one
parcel of land occupied by a single-family dwelling. It is located on the north side of Beverly
Circle, approximately 375 feet east of Keene Road. The applicant is requesting this annexation
in order to receive sanitary sewer and solid waste service from the City. The property is located
within an enclave and is contiguous to existing City boundaries to the east 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 Density Residential (LDR).
The Planning Department determined that the proposed annexation is consistent with
the provisions of Community Development Code Section 4-604.E as follows: 1) The property
currently receives water service from Pinellas County; 2) The closest sanitary sewer line is
located in the adjacent Beverly Circle right-of-way and the applicant has paid the City's sewer
impact and assessment fees and is aware of the additional costs to extend City sewer service to
this property; 3) Collection of solid waste will be provided by the City of Clearwater; 4) The
property is located within Police District III and service will be administered through the district
headquarters located at 2851 N. McMullen-Booth Road; 5) Fire and emergency medical
services will be provided to this property by Station 47 located at 1460 Lakeview Road; 6) The
City has adequate capacity to serve this property with sanitary sewer, solid waste, police, fire
and EMS service; 7) The proposed annexation will not have an adverse effect on public facilities
and their levels of service; and 8) 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 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 Low Density Residential (LDR) District. The use of the subject property is
consistent with the uses allowed in the District and the meets the District's minimum dimensions
through the Flexible Standard 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 east and
west; therefore the annexation is consistent with Florida Statutes Chapter 171.044.
Councilmember Doran moved to approve the Annexation, Initial Land Use Plan
Designation of Residential Low (RL) and Initial Zoning Atlas Designation of Low Density
Residential (LDR) District for 1820 Beverly Circle N. (Lot 13, Block "C", Meadow Creek in Sec.
24-29-15). The motion was duly seconded and carried unanimously.
Ordinance 8029-09 was presented for first reading and read by title only.
Councilmember Cretekos moved to pass Ordinance 8029-09 on first reading. The motion was
duly seconded and upon roll call, the vote was:
Council 2009-02-19 2
"Ayes": Cretekos, Petersen, Doran, Gibson, and Hibbard.
"Nays": None.
Ordinance 8030-09 was presented for first reading and read by title only.
Councilmember Gibson moved to pass Ordinance 8030-09 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Cretekos, Petersen, Doran, Gibson, and Hibbard.
"Nays": None.
Ordinance 8031-09 was presented for first reading and read by title only.
Councilmember Petersen moved to pass Ordinance 8031-09 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Cretekos, Petersen, Doran, Gibson, and Hibbard.
"Nays": None.
6.2. 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 1860
Carlton Drive (Lot 2, Block A, Carlton Terrace in Section 5, Township 29 South, Range 16 East);
and Pass Ordinances 8032-09, 8033-09 and 8034-09 on first reading. (ANX2008-12019)
This voluntary annexation petition involves a 0.168-acre property consisting of one
parcel of land occupied by a single-family dwelling. It is located on the west side of Carlton
Drive, approximately 85 feet south of South Drive. The applicant is requesting this annexation
in order to receive sanitary sewer and solid waste service from the City. The property is located
within an enclave and is contiguous to existing City boundaries to the 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 as follows: 1) The property
currently receives water service from Pinellas County; 2) The closest sanitary sewer line is
located in the adjacent Carlton Drive right-of-way and the applicant has paid the City's sewer
impact and assessment fees and is aware of the additional costs to extend City sewer service to
this property; 3) Collection of solid waste will be provided by the City of Clearwater; 4) The
property is located within Police District III and service will be administered through the district
headquarters located at 2851 North McMullen-Booth Road; 5) Fire and emergency medical
services will be provided to this property by Station 48 located at 1700 N. Belcher Road; 6) The
City has adequate capacity to serve this property with sanitary sewer, solid waste, police, fire
and EMS service; 7) The proposed annexation will not have an adverse effect on public facilities
and their levels of service; and 8) 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 Development Code.
Council 2009-02-19 3
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 Low Medium Density Residential (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 west;
therefore the annexation is consistent with Florida Statutes Chapter 171.044.
Councilmember Doran 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 1860 Carlton Drive (Lot 2, Block A, Carlton Terrace in
Sec. 5-19-16). The motion was duly seconded and carried unanimously.
Ordinance 8032-09 was presented for first reading and read by title only.
Councilmember Cretekos moved to pass Ordinance 8032-09 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Cretekos, Petersen, Doran, Gibson, and Hibbard.
"Nays": None.
Ordinance 8033-09 was presented for first reading and read by title only.
Councilmember Gibson moved to pass Ordinance 8033-09 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Cretekos, Petersen, Doran, Gibson, and Hibbard.
"Nays": None.
Ordinance 8034-09 was presented for first reading and read by title only.
Councilmember Petersen moved to pass Ordinance 8034-09 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Cretekos, Petersen, Doran, Gibson, and Hibbard.
"Nays": None.
6.3. Approve the Annexation, Initial Land Use Plan Designation of Residential/Office Limited
(R/OL) and Initial Zoning Atlas Designation of Office (O) District for 2655 SR 580 (Lot 2 of State
Road 580 Professional Office Centre) in Section 29, Township 28 South, Range 16 East) and
2665 SR 580 (Lot 1, Kerwin Subdivision, in Section 29, Township 28 South, Range 16 East);
and Pass Ordinances 8035-09, 8036-09 and 8037-09 on first reading. (ATA2008-10001)
The City is bringing this property into its jurisdiction in compliance with the Agreement to
Annex (ATA), signed by Timothy J. Kerwin on April 13, 2001. This voluntary annexation petition
involves a 1.28-acre property consisting of two parcels of land. It is located on the south side of
Council 2009-02-19 4
SR 580, approximately 500 feet west of Countryside Boulevard. The first parcel was subdivided
into condominiums after the ATA was signed, and is occupied by a medical complex consisting
of three individual offices and a common area. The second parcel contains a single medical
office. The annexation of the property will eliminate an enclave. As such, this property is
contiguous to existing City boundaries to the north, south, east and west. The Planning
Department is requesting that the 0.20-acre of abutting SR 580 right-of-way not currently within
the City limits also be annexed. It is proposed that the property be assigned a Future Land Use
Plan designation of Residential/Office Limited(R/OL) and a zoning category of Office (O).
The Planning Department determined that the proposed annexation is consistent with
the provisions of Community Development Code Section 4-604.E as follows: 1) This property is
currently receiving water, sewer and solid waste services from the City; 2) The property is
located within Police District III and service is administered through the district headquarters
located at 2851 N. McMullen-Booth Road; 3) Fire and emergency medical services are provided
to this property by Station 50 located at 2681 Countryside Blvd; 4) The City has adequate
capacity to serve this property with sanitary sewer, solid waste, police, fire and EMS service; 5)
The proposed annexation will not have an adverse effect on public facilities and their levels of
service; and 6) 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 Development Code.
The proposed R/OL Future Land Use Plan category is consistent with the current
Countywide Plan designation of this property. The R/OL designation primarily permits
residential and office uses at a density of 7.5 units per acre or office uses where the floor area
ratio (FAR) does not exceed .40 and the impervious surface ratio (ISR) does not exceed .75.
The proposed zoning district to be assigned to the property is the Office (O) District. The use of
the subject property is consistent with the uses allowed in the District and each parcel 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.
Two individuals expressed concerns with property owner maintaining fencing and
property.
Planning Director Michael Delk said the City would enforce city codes and contact
Pinellas County regarding conditions on the approved site plan.
Councilmember Doran moved to approve the Annexation, Initial Land Use Plan
Designation of Residential/Office Limited (R/OL) and Initial Zoning Atlas Designation of Office
(O) District for 2655 SR 580 (Lot 2 of State Road 580 Professional Office Centre in Sec. 29-28-
16) and 2665 SR 580 (Lot 1, Kerwin Subdivision, in Sec. 29-28-16). The motion was duly
seconded and carried unanimously.
Ordinance 8035-09 was presented for first reading and read by title only.
Councilmember Cretekos moved to pass Ordinance 8035-09 on first reading. The motion was
duly seconded and upon roll call, the vote was:
Council 2009-02-19 5
"Ayes": Cretekos, Petersen, Doran, Gibson, and Hibbard.
"Nays": None.
Ordinance 8036-09 was presented for first reading and read by title only.
Councilmember Gibson moved to pass Ordinance 8036-09 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Cretekos, Petersen, Doran, Gibson, and Hibbard.
"Nays": None.
Ordinance 8037-09 was presented for first reading and read by title only.
Councilmember Petersen moved to pass Ordinance 8037-09 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Cretekos, Petersen, Doran, Gibson, and Hibbard.
"Nays": None.
City Manager Reports
7 - Consent Agenda - Approved as submitted.
7.1. Declare the list of vehicles and equipment surplus to the needs of the City and authorize
sale at the Tampa Machinery Auction, Tampa, Florida or through on-line auction service
GovDeals, Montgomery, Alabama, and authorize appropriate officials to execute same.
(consent)
7.2. Approve a recommendation by the Public Art and Design Board for the commission of a
public art sculpture entitled "Ladder Fire," as designed by artist Christopher Fennell, to be
installed at Fire Station 48 located at 1700 North Belcher Road. (consent)
7.3. Ratify and Confirm Change Order 2 and Final to Westra Construction Corporation of
Palmetto, Florida for the Beach by Design - Coronado Drive Improvements Project (03-0079-
ED) decreasing the contract amount by $790,518.83 for a new contract total of $10,039,689.64,
approve a time extension of ninety-two (92) days and authorize the appropriate officials to
execute same. (consent)
7.4. Approve the 2009 Federal Legislative Package.
7.5. Approve amended contract with Alcalde and Fay for federal lobbying services at a cost of
$5,500 per month for the period March 1, 2009 through December 31, 2012, and authorize
appropriate officials to execute same. (consent)
7.6. Authorize City Attorney to hire Bricklemyer Smolker and Bolves, P.A., to represent the City
in several inverse condemnation litigation cases arising from the construction related to the
"Beachwalk Project", in the amount of $100,000. (consent)
Council 2009-02-19 6
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.
8 - Other Items on City Manager Reports
8.1. Approve establishing a new Capital Improvement Project (315-93615) entitled the "Aging
Well Center" for $1,029,720 and approve a Florida Department of Elder Affairs (DOEA) Senior
Center Fixed Capital Outlay Grant agreement to renovate, equip and furnish the Aging Well
Center located at the Long Center, in the amount of $727,500, between the State of Florida
Department of Elder Affairs and the City of Clearwater and authorize the appropriate officials to
execute same.
The purpose of this agreement is to set forth the conditions that must be satisfied by the
City prior to disbursement of DOEA funds as well as any restrictions that might be imposed on
the project site prior to reimbursement for project costs. The project will renovate, equip, and
furnish space at the Long Center to create the Aging Well Center. The space, which consists of
approximately 7,700 square-feet, was previously leased by UPARC (Upper Pinellas Association
for Retarded Citizens) as a cafeteria, classrooms and restrooms. In August 2008, the City and
UPARC reached an agreement, decreasing the area to be occupied and used by UPARC so
that the Aging Well Center could be developed.
The Aging Well Center will expand programs and services for Clearwater's large and
growing older adult community. Programs and services will promote health and wellness,
education, recreation, socialization and access to resources. The proposed project maximizes
all of the existing amenities at the Long Center.
Funding for the new $1,029,720 CIP project will come from the following: 1) Department
of Elder Affairs Grant - $727,500; 2) Long Center Infrastructure Improvements - $242,500; and
3) Architectural Contract - $59,720.
It is anticipated that the Aging Well Center's annual operating costs will be $102,000,
which includes 1.5 full time equivalent (FTE) personnel costs. An endowment fund is being
developed to address these costs. Senior Citizens Services, Inc., has expressed interest in
contributing towards an endowment. The endowment will be similar to the existing Long Center
Foundation endowment. If the endowment is not fully realized prior to the completion of the
senior center renovations, then the Parks and Recreation department will reallocate personnel
and resources from existing facilities, which may include the Office on Aging Manager assuming
operational responsibilities at the Center.
In addition, staff is recommending that for this agreement that Kerry Marsalek, Office on
Aging Manager be appointed as "key contact" and the City Manager or his designee to be
appointed to execute all documents relating to this project.
Councilmember Cretekos moved to approve establishing a new Capital Improvement
Project (315-93615) entitled the "Aging Well Center" for $1,029,720 and approve a Florida
Department of Elder Affairs (DOEA) Senior Center Fixed Capital Outlay Grant agreement to
renovate, equip and furnish the Aging Well Center located at the Long Center, in the amount of
$727,500, between the State of Florida Department of Elder Affairs and the City of Clearwater
Council 2009-02-19 7
and authorize the appropriate officials to execute same. The motion was duly seconded and
carried unanimously.
8.2. Authorize a five-year license agreement between the City of Clearwater and commercial
charter boat operators at the Clearwater Municipal Marina and adopt Resolution 09-02.
Council approved the Marina five-year business plan for FY2008 through FY2012 at the
November 15, 2007 Council meeting. Included in that plan was maintaining control over City
slips by amending the commercial dock permit to provide a value back to the City by imposing a
transfer fee in all instances of transfer of ownership for commercial operators. Also proposed
was amending or changing the commercial dock permit to a license term or use agreement.
The term was to be for five years with the option to renew at the end of the agreement term.
This would help commercial operators obtain bank loans, which they were having difficulty
obtaining with a month-by-month dock permit.
Adopting Resolution 09-02 will authorize a five-year license agreement with the option to
renew for another five years at the discretion of the Marine & Aviation Director or his assistant.
Councilmember Gibson moved to authorize a five-year license agreement between the
City of Clearwater and commercial charter boat operators at the Clearwater Municipal Marina.
The motion was duly seconded and carried unanimously.
Resolution 09-02 was presented and read by title only. Councilmember Petersen moved
to adopt Resolution 09-02 and authorize the appropriate officials to execute same. The motion
was duly seconded and upon roll call, the vote was:
"Ayes": Cretekos, Petersen, Doran, Gibson, and Hibbard.
"Nays": None.
8.3. Approve slip rental rate adjustments to the FY08/FY12 Marina five-year business plan to
reduce Recreational Slip per foot rates from $9.13 for residents to $8.51 and from $13.14 for
non-residents to $10.33 and reducing commercial rates by 10% with a 5% increase to all rates
in FY2011 and FY2012; reducing the Downtown boat slip per foot rental rates to $9.00 for
residents and $10.50 for non-residents with an increase of 3% per year; and transfer $ 8.25
million from the central insurance fund reserves to the Downtown Boat Slip project number
93405
City Council approved the Marina five-year business plan for FY (Fiscal Year) 2008-12
at the November 15, 2007, Council meeting. The business plan set forth goals, objectives and
strategies to be implemented in FY 2008. To reach these goals, staff received approval for: 1)
Incremental increases, as submitted, to reach average market rate for private residential, non-
residential and commercial rates (Implemented); 2) An amendment to Sec. 33.028 of Code of
Ordinances to include market surveys of all local area marinas, not just municipal marinas when
comparing rates (Done); 3) Charge commercial slips for location in the marina (Scheduled for
RFP [Request for Proposals] Summer 2009); 4) Increase marketing and advertisement toward
transient recreational boaters (Done); 5) Maintain control over City slips by amending the dock
permit to provide a value back to the City (Done); and 6) Decrease the amount of discount on
fuel sales. (Done)
Council 2009-02-19 8
Due to the economic conditions, the rate increases for recreational boat slips resulted in
dozens of slips being turned back to the City. The average market rates have decreased.
Marina rates are above market average for both residents and non-residents. Local market
average "per foot" rates for recreational slips are $8.51 for residents (City is at $9.13) and
$10.33 for non-residents (City is at $13.14). Staff proposes to use the current local market
average as the new base rates with no increase in 2010, and a 5% increase in 2011, and 5% in
2012
Staff proposes to rollback our commercial rates 10% to what they were in FY2008. The
current economic conditions and increased Federal fishing restrictions on the commercial
fishing fleet have dramatically reduced commercial trips due to fewer tourists and for fishing
there are fewer options on what fish may be caught and retained. For the Downtown Slips, staff
proposes to set the rates at $9.00 per foot for residents and $10.50 for non-residents. Staff
proposes to increase rates for the Downtown Slips at 3% per year as an approximation of an
annual CPI increase.
Staff recommends that the City move forward with the lottery for the persons who
submitted their deposits prior to the established deadline. Staff anticipates an increase in
interest at the new rates and will either hold a Second lottery or assign slips first come first
serve.
In response to questions, Finance Director Margie Simmons reviewed proposed lottery
procedures and said a 90% occupancy rate at the proposed rate would generate $538,000, with
transient slips generating $200,000. Resident slip rates have been very low and trying to get
them to market rate. The Beach marina should generate a profit before depreciation.
Marine and Aviation Director Bill Morris said transient slip occupancy would balance out
when the downtown marina opens. The downtown marina would be able to accommodate
power needed for Mega Yachts. Staff is conducting study regarding variable rates due to
location. Operating costs would be scaled back as needed if occupancy rates are not met.
Seven individuals expressed concerns that rate reductions were not equitable and
regarding the PILOT's impact on needed revenue.
Discussion ensued. It was stated that eliminating the PILOT (Payment in Lieu of Taxes)
fee would help the Marina but impact the General Fund. Various funding scenarios were
reviewed.
Councilmember Doran moved to approve slip rental rate adjustments to the FY08/FY12
Marina five-year business plan to reduce Recreational Slip per foot rates from $9.13 for
residents to $8.51 and from $13.14 for non-residents to $10.33 and reducing commercial rates
by 10% with a 5% increase to all rates in FY2011 and FY2012; reducing the Downtown boat slip
per foot rental rates to $9.00 for residents and $10.50 for non-residents with an increase of 3%
per year; and transfer $ 8.25 million from the central insurance fund reserves to the Downtown
Boat Slip project number 93405. The motion was duly seconded and carried unanimously.
The Council recessed from 8:35 p.m. to 8:42 p.m.
Council 2009-02-19 9
8.4. No Item
8.5. Appoint one member to the Community Development Board with the term expiring February
28, 2013.
Councilmember Petersen moved to appoint Brian A. Barker. The motion was duly
seconded and carried unanimously.
8.6. Adopt Resolution 09-07, supporting the Florida League of Cities' 2009 Civic Awareness
Campaign.
The Florida League of Cities has launched the "Building Citizenship in the Community:
Back to Basics" campaign in an effort to increase civic awareness and participation. The
campaign includes several educational programs geared to students K-12. The League is
asking each municipality to support the initiative by adopting a resolution and encouraging
activities in local schools and civic groups.
Councilmember Doran moved to support the Florida League of Cities' 2009 Civic
Awareness Campaign. The motion was duly seconded and carried unanimously.
Resolution 09-07 was presented and read by title only. Councilmember Cretekos moved
to adopt Resolution 09-07 and authorize the appropriate officials to execute same. The motion
was duly seconded and upon roll call, the vote was:
"Ayes": Cretekos, Petersen, Doran, Gibson, and Hibbard.
"Nays": None.
8.7. Amend Council rules to change Work Session start time to 9:00 a.m. and adopt Resolution
09-08.
The Council directed that Council rules be changed to return work sessions to a 9:00
a.m. start time effective March 2, 2009. This start time can be changed due to conflicts with
other meetings Councilmembers attend, such as the TBRPC (Tampa Bay Regional Planning
Council) that meets on the second Monday of each month. It should be noted that on October
12 there is a conflict with the TBRPC in the morning and PMI (Pinellas Mobility Initiative) in the
afternoon, so, this work session will be held on Tuesday, October 13. A revised schedule of
work sessions will be distributed.
Staff noted, due to Jazz Holiday, the second meeting in October is scheduled for
Wednesday, October 14. It was questioned if a work session on Tuesday, the 13th was desired.
Staff was directed to hold the Council meeting on October 14 and there be no work session.
Councilmember Petersen moved to amend Council rules to change Work Session start
time to 9:00 a.m. The motion was duly seconded and carried unanimously.
Resolution 09-02 was presented and read by title only. Councilmember Doran moved to
adopt Resolution 09-02 and authorize the appropriate officials to execute same. The motion
was duly seconded and upon roll call, the vote was:
Council 2009-02-19 10
"Ayes": Cretekos, Petersen, Doran, Gibson, and Hibbard.
"Nays": None.
Miscellaneous Reports and Items
9 - City Attorney Reports
9.1. Pass Ordinance 8040-09 on first reading, amending Ordinance 7947-08, which amended
Ordinance 7372-05, which vacated a portion of the easterly one half of the 70-foot right-of-way
of Gulfview Boulevard (aka South Gulfview Boulevard per field), subject to special conditions,
extending the required date for commencement of vertical construction to February 11, 2012
and amending the description of the property to be vacated.
In Ordinance 7372-05, the City of Clearwater vacated the right-of-way depicted in Exhibit
A attached to the ordinance, subject to certain conditions, which conditions have not been met.
K and P Clearwater Estate, LLC, the "Developer," is requesting that the Council amend the
conditions of the vacation to extend the date by which the Developer is required to commence
vertical construction from March 3, 2010 to February 11, 2012, to conform with the requirements
of the First Amended and Restated Development Agreement dated December 30, 2008.
Councilmember Cretekos moved to amend Ordinance 7947-08, which amended
Ordinance 7372-05, which vacated a portion of the easterly one-half of the 70-foot right-of-way
of Gulfview Boulevard (aka South Gulfview Boulevard per field), subject to special conditions,
extending the required date for commencement of vertical construction to February 11, 2012
and amending the description of the property to be vacated. The motion was duly seconded.
Councilmembers Cretekos, Doran, Petersen and Mayor Hibbard voted "Aye," and
Councilmember Gibson voted "Nay.' Motion carried.
Ordinance 8040-09 was presented for first reading and read by title only.
Councilmember Petersen moved to pass Ordinance 8040-09 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Cretekos, Petersen, Doran and Hibbard.
"Nays": Gibson. Motion carried.
9.2. Pass Ordinance 8041-09 on first readina. amendina Ordinance 7948-08. which amended
Ordinance 7371-05 as amended by Ordinance 7598-06, which vacated a portion of the 60-foot
right-of-way of First Avenue (aka First Street per field), subject to special conditions, to amend
the special conditions by extendina the reauired date for commencement of vertical construction
to Februarv 11. 2012
In Ordinance 7371-05, the City of Clearwater vacated the right-of-way depicted in Exhibit
A attached to the ordinance, subject to certain conditions. Ordinance 7371-05 was amended by
Ordinance 7598-06 to extend the date for commencement of vertical construction to March 3,
2008. Ordinance 7598-06 was amended by Ordinance 7948-08 to extend the date for
commencement of vertical construction to March 3, 2008.
Council 2009-02-19 11
The City and Developer entered into a First Amended and Restated Development
Agreement dated December 30, 2008. The Agreement provides that vertical construction will
commence no later than February 11, 2012. Developer requests that the vacation ordinance be
amended to be consistent with the Development Agreement.
Councilmember Doran moved to amend Ordinance 7948-08, which amended Ordinance
7371-05 as amended by Ordinance 7598-06, which vacated a portion of the 60-foot right-of-way
of First Avenue (aka First Street per field), subject to special conditions, to amend the special
conditions by extending the required date for commencement of vertical construction to
February 11, 2012. The motion was duly seconded. Councilmembers Cretekos, Doran,
Petersen and Mayor Hibbard voted "Aye," and Councilmember Gibson voted "Nay.' Motion
carried.
Ordinance 8041-09 was presented for first reading and read by title only.
Councilmember Cretekos moved to pass Ordinance 8041-09 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Cretekos, Petersen, Doran, and Hibbard.
"Nays": Gibson. Motion carried.
10 - City Manager Verbal Reports - None
11 - Council Discussion Items
11.1. Fertilizer Ordinance - Councilmember Gibson
Councilmember Gibson said Pinellas County may pass an ordinance and expressed
concerns regarding consistency among jurisdictions if a countywide ordinance is not adopted.
11.2. Frequency of Advisory Board Meetings
It was stated that Council has received various a-mails regarding changing certain
advisory board meetings from monthly to quarterly. Discussion ensued.
Consensus was to maintain meeting frequency at quarterly.
12 - Other Council Action
Councilmembers reported on events in which they recently participated, reviewed
upcoming events and welcomed the Philadelphia Phillies to Spring Training.
Hibbard offered condolences to Maurice Mickens for the loss of his wife.
13 - Adjourn
The meeting adjourned at 9:04 p.m.
Council 2009-02-19 12
,~~
Mayor
City of Clearwater
Attest:
Council 2009-02-19
13