08/06/2009
CITY COUNCIL MEETING MINUTES
CITY OF CLEARWATER
August 6, 2009
Present: Mayor Frank Hibbard, Vice-Mayor Paul Gibson, Councilmember George N. Cretekos,
Councilmember John Doran, and Councilmember Carlen Petersen.
Also William B. Horne II - City Manager, Jill S. Silverboard - Assistant City Manager, Rod
present: Irwin - Assistant City Manager, Pamela K. Akin - City Attorney, Cynthia E. Goudeau -
City Clerk, and Rosemarie Call - Management Analyst.
To provide continuity for research, items are in agenda order although not necessarily
discussed in that order.
1. Call to Order
The meeting was called to order at 6:00 p.m. at City Hall.
2. Invocation - Father Raphael Kilumanga of St. Cecelia Catholic Church
3. Pledge of Allegiance - Mayor Frank Hibbard
4. Presentations
4.1 US Highway 19 Presentation by Scott Collister, District Director for Transportation
Development, Florida Department of Transportation
Florida Department of Transportation representative Scott Collister provided a power point
presentation.
In response to questions, Mr. Collister said the Department is trying to move the Enterprise
Road project up on the work plan. Geometry of the bridge and lack of space for a south-bound
lane allows for only one u-turn on Seville. The frontage road on Allen’s Creek will remain at the
existing height. Mr. Collister suggested visiting www.myus19.com for additional information.
4.2 Proclamation: United States Coast Guard Day, 8/4/09, in Clearwater in recognition of
219th birthday.
4.3 Proclamation: Making a Difference Fishing Tournament Day - 10/3/09
4.4 Home of the Quarter, Business of the Quarter, and Neighborhood of the Quarter
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Home of the Quarter awards presented to Jackie Mc Cullough – 1141 Charles Street, Harold &
Dorothy Taylor – 2274 Jaffa Place, Vehid Puka – 1367 Franklin Avenue, James and Mary
Fagan – 1206 Edenville Avenue; Neighborhood of the Quarter award presented to Old
Clearwater Bay; and Business Beautification Award presented to Great Florida Insurance Co.
4.5 Clearwater Neighborhoods Coalition - Citizens Guide to Code Enforcement
5. Approval of Minutes
5.1 Approve the minutes of the July 16, 2009 City Council Meeting as submitted in written
summation by the City Clerk.
Councilmember Carlen Petersen moved to approve the minutes of the July 16, 2009 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
George Bentley commended Councilmember Cretekos for his efforts in getting the pedestrian
crosswalk on Gulf Boulevard between the Sheraton and Marriott.
Issay Gulley and Bertha Kelly opposed the closure of the North Greenwood Library.
Chaz Baker, Mark Blanchard, Newell Fitz, Leslie Marino, Ralph Spencer, and Bill Casber
opposed the closure of the Morningside Recreation Center.
Steve Sarnoff supported the use of road millage to assist with the budget deficit.
Joe Evich suggested using general fund reserves to alleviate budget shortfalls and supported
reducing the millage rate.
Public Hearings - Not before 6:00 PM
7. Administrative Public Hearings
7.1 Approve Development Agreement between Decade Companies Income Properties (the
property owner) and the City of Clearwater, providing for the allocation of 72 units from
the Hotel Density Reserve under Beach by Design to property located at 101 and 105
Coronado Drive and 35 Devon Drive and adopt Resolution 09-23.
The 0.72 acres is located on the east side of Coronado Drive at the northeast and
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southeast corners of Devon Drive. The site is comprised of three parcels, two on the
north side of Devon Drive and one on the south side of Devon Drive. The northern portion
of the subject property is currently developed with a 22-unit motel at 101 Coronado Drive
(Port Vue Motel) and vacant land (formerly a 16-unit motel). The vacant area is presently
being used for construction trailers for the Hyatt/Aqualea project (301 S. Gulfview
Boulevard). The southern portion of the subject property is currently vacant land (formerly
a 15-unit motel), also being used for construction trailers for the Hyatt/Aqualea project.
The proposal is for an overnight accommodation use of a total of 108 rooms (150
rooms/acre on total site, including the allocation of 72 units from the Hotel Density
Reserve) and approximately 1,500 square feet (0.048 FAR on total site) of amenities
accessory to the hotel at a height of 89 feet (to roof deck)On May 19, 2009, the
Community Development Board (CDB) approved with 13 conditions of approval a
Flexible Development application for the construction of a 108-unit hotel with associated
amenities (FLD2009-03013).
The proposal is in compliance with the standards for development agreements, is
consistent with the Comprehensive Plan and furthers the vision of beach redevelopment
set forth in Beach by Design. The proposed Development Agreement will be in effect for
a period not to exceed ten (10) years, meets the criteria for the allocation of units from the
Hotel Density Reserve under Beach by Design and includes the following main
provisions:
* Provides for the allocation of 72 units from the Hotel Density Reserve;
* Requires the developer to obtain building permits and certificates of occupancy in
accordance with Community Development Code (CDC) Section 4-407;
* Requires the return of any hotel unit obtained from the Hotel Density Reserve that is
not constructed;
* For units allocated from the Hotel Density Reserve, prohibits the conversion of any
hotel unit to a residential use and requires the recording of a covenant restricting use of
such hotel units to overnight accommodation usage; and
* Requires a legally enforceable mandatory evacuation/closure covenant that the hotel
will be closed as soon as practicable after a hurricane watch that includes Clearwater
Beach is posted by the National Hurricane Center.
The Community Development Board reviewed this Development Agreement application
at its public hearing on May 19, 2009, and unanimously recommended approval of the
application (DVA2009-00001).
Planner Wayne Wells reviewed responses to questions raised at work session. Rooms
average 400 sq. ft. The project includes 112 parking spaces. There will be a maximum of 10
employees, with a maximum of 7 on-site at the same time. The site is composed of 3 parcels
for a total of .72 acres.
In response to questions, Mr. Wells said there were 53 rooms before redevelopment. The
sidewalks are within the City’s right-of-way. A larger public sidewalk would impact the planned
landscaping on private property. Mr. Wells said it could take up to 5 years to get permit and 2
years for construction.
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Concern was expressed regarding the number of parking spaces and width of sidewalk.
Planning Director Michael Delk said it is hard to assemble property on Clearwater Beach.
Premise of hotel density pool was to make it economically viable to develop overnight
accommodations.
It was stated that the property owner would have to give the city an easement to implement a
wider sidewalk.
Discussion ensued regarding density pool.
The Council recessed from 7:59 p.m. to 8:07 p.m.
Applicant representative Ed Hooper said the applicant has spent $60,000 - $80,000 to date for
design. The proposed project meets Beach by Design guidelines. Construction drawings
cannot proceed until density pool issue is resolved.
Six individuals spoke in opposition.
One individual expressed concerns with ownership of submerged lands near the dock.
It was stated that staff will confirm ownership of submerged lands.
In response to questions, Mr. Delk said trip generation statistics were used for basis of density
pool. Beach by Design is a master plan for the beach area. Council can approve less than the
proposed 72 units. Mr. Delk said the dock is not part of the development proposal.
Mr. Hooper expressed concerns with Council approving fewer units as it will be considered a
major plan amendment and requires the applicant to start the process over. He emphasized the
proposal meets all code criteria.
Discussion ensued. It was stated the applicant has followed the guidelines set by Beach by
Design. It was suggested that staff negotiate with the applicant regarding amending size of
sidewalk.
Vice-Mayor Paul Gibson moved to continue Item 7.1 to August 20, 2009. The motion
was duly seconded and upon vote being taken:
"Ayes": Mayor Frank Hibbard, Vice-Mayor Paul Gibson, Councilmember George N.
Cretekos, and Councilmember John Doran.
"Nays":Councilmember Carlen Petersen.
Motion carried
.
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City Manager Reports
8. Second Readings – Public Hearing
8.1 Adopt Ordinance No. 8071-09 on second reading, annexing certain real property whose
post office address is 2382 Dora Drive into the corporate limits of the city and redefining
the boundary lines of the city to include said addition.
Ordinance 8071-09 was presented for second reading and read by title only. Councilmember
Carlen Petersen moved to adopt Ordinance 8071-09 for second and final reading. The motion
was duly seconded and upon roll call, the vote was:
"Ayes": Cretekos, Doran, Gibson, Petersen and Hibbard.
"Nays": None.
8.2 Adopt Ordinance 8072-09 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 2382 Dora Drive, upon annexation into the City of
Clearwater, as Residential Low (RL).
Ordinance 8072-09 was presented for second reading and read by title only. Councilmember
John Doran moved to adopt Ordinance 8072-09 for second and final reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Cretekos, Doran, Gibson, Petersen and Hibbard.
"Nays": None.
8.3 Adopt Ordinance No. 8073-09 on second reading, amending the Zoning Atlas of the city
by zoning certain real property whose post office address is 2382 Dora Drive, upon
annexation into the City of Clearwater, as Low Medium Density Residential (LMDR).
Ordinance 8073-09 was presented for second reading and read by title only. Councilmember
George N. Cretekos moved to adopt Ordinance 8073-09 for second and final reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes": Cretekos, Doran, Gibson, Petersen and Hibbard.
"Nays": None.
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8.4 Continue to September 3, 2009 the second reading of Ordinance 8043-09. Amendments
to the to the Community Development Code to bring consistency between the
Countywide Plan Rules and the Community Development Code, and to address off-street
parking for overnight accommodations in the Tourist District, docks, site visibility
triangles, site lighting, design standards for parking lots and parking garages, off-street
loading and vehicle stacking spaces, hearing officer appeals, and transfer of development
rights. (TA2009-01002)
Vice-Mayor Paul Gibson moved to continue Item 8.4 to September 3, 2009. The motion was
duly seconded and carried unanimously.
9. Consent Agenda
9.1 Approve settlement of the liability claim of Waltraud Goetz for payment of $52,500.
9.2 Declare the list of vehicles surplus to the needs of the City and authorize sale to the
highest bidder at the Tampa Machinery Auction, Tampa Florida. (consent)
9.3 Transfer $397,506.98 from Fund 590 Central Insurance Fund reserves to reimburse Fund
362 for negative interest earnings allocations associated with Beach Walk construction
disbursements. (consent)
9.4 Approve Florida Boating Infrastructure Grant Agreement with the Florida Fish and Wildlife
Conservation Commission (FWC) in the amount of $1,236,097 for the Downtown Boat
Slips and authorize the appropriate officials to execute same. (consent)
9.5 Approve a contract with URS Corporation in the amount of $235,250 for the remediation
action plan cleanup of the ground water at the Clearwater Airpark and authorize the
appropriate officials to execute same.(consent)
9.6 Approve a recommendation by the Public Art and Design Board for the commission of a
public art glass installation entitled Untitled to be installed at the Clearwater Beach
Recreation Center and Library, as designed by artist Catherine Woods for a total cost of
$8,108 and transfer $4,000 from Cultural Affairs Operating Budget 010-01850 to CIP 325-
93265 at third quarter. (consent)
9.7 Ratify and confirm the City Managers approval to increase the landscape maintenance
contract with Earth Designs from $166,312 to $266,832 for additional landscape services.
(consent)
9.8 Approve the proposed artworks for Sculpture360: Season II Art in the Cleveland Street
District and the expenditure of $3,000 from the Public Art Discretionary Fund to
supplement the Sculpture360 project budget. (consent)
9.9 Approve a contract in the amount of $583,270.50 with the Pinellas County Sheriffs Office,
Largo, Florida for latent fingerprint, crime scene processing, evidence and property
storage and Pinellas Juvenile Assessment Center services, during the one year contract
period commencing October 1, 2009, through September 30, 2010 and authorize the
appropriate officials to execute same. (consent)
9.10 Approve a Contract (Blanket Purchase Order) to Wingfoot Commercial Tire of Clearwater,
FL for an amount not to exceed $250,000 for the purchase of Goodyear tires for City
Motorized equipment during the contract period September 1, 2009 through August 31,
2010 in accordance with Sec. 2.56(1)(d), Code of Ordinances - other governmental bid
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and authorize the appropriate officials to execute same. (consent)
9.11 Award a contract to Keystone Excavators, Inc., of Oldsmar, Fl, for the construction of
Alligator Creek Channel F Drainage Improvements (Project 03-0028-EN) in the amount of
$1,432,233.00, which is the lowest responsible bid in accordance with the plans and
specifications and authorize appropriate officials to execute the same. (consent)
9.12 Ratify and confirm supplement work order 4 to Wade-Trim, Engineer-of-Record, in the
amount of $78,810.00 for various additional services provided throughout the course of
the Downtown Boat Slip project and authorize the appropriate officials to execute same.
(consent)
9.13 Accept and approve a "Right of Entry" Agreement between the City of Clearwater and the
Florida Department of Transportation (FDOT), for maintenance related to the Memorial
Causeway Bridge and authorize appropriate officials to execute same. (consent)
9.14 Approve a Jones Edmunds and Associates, Inc. Work Order for Engineering Services of
the Pump Station Replacement at Marshall Street Advanced Pollution Control Facility
(APCF)at a cost of $109,680.00 and authorize the appropriate officials to execute same.
(consent)
9.15 Approve providing additional funding of $363,297 to the US Army Corps of Engineers
(USACOE) for the Stevenson Creek Estuary Restoration Project, bringing the total City
share of the project cost to $2,687,637. (consent)
9.16 Authorize settlement of The Complete Angler, LLC, et al. v. City of Clearwater, a first
amendment case, in the amount of $55,000.00, and authorize the City Manager to
execute the Consent Judgment and Settlement Agreement. (consent)
Councilmember John 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.
10. Other Items on City Manager Reports
10.1 Authorize the City to enter into an agreement with CSX Transportation, Inc., for
installation of a raw water main in the CSX right-of-way as part of the Water Treatment
Plants 1 and 3 Wellfield Expansion Project Phase II-Raw Water Mains; and approve
Pipeline Crossing Agreement CSX-632023, authorize the appropriate officials to execute
same and adopt Resolution 09-30.
As part of the Water Treatment Plants 1 and 3 Wellfield Expansion Project Phase II-Raw
Water Mains, the City needs to construct one (1) 8” raw water main crossing the CSX
right-of-way. CSX requires an Agreement to cover the costs of the encroachment,
construction risk and to establish the terms and conditions associated with placing a
pipeline underneath their railway system. The cost to the City will be $4000 for a license
fee, $150 for Coordination fee, and $1,125.00 for a construction risk fee for a total cost of
$5,275.00. Sufficient budget and funding with 2009 Water and Sewer Revenue Bond
proceeds is available in project 0376-96764, RO Plant Expansion.
Councilmember Carlen Petersen moved to authorize the City to enter into an agreement with
CSX Transportation, Inc., for installation of a raw water main in the CSX right-of-way as part of
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the Water Treatment Plants 1 and 3 Wellfield Expansion Project Phase II-Raw Water Mains;
and approve Pipeline Crossing Agreement CSX-632023. The motion was duly seconded and
carried unanimously.
Resolution 09-30 was presented and read by title only. Councilmember John Doran moved to
adopt Resolution 09-30 and authorize the appropriate officials to execute same. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Cretekos, Doran, Gibson, Petersen and Hibbard.
"Nays": None.
Miscellaneous Reports and Items
11. City Attorney Reports
11.1 Amend Section 2.263(1), Code of Ordinances, to provide for no salary increase for the
mayor and councilmembers in 2010 and pass Ordinance 8087-09 on first reading.
The salaries of the City Council are set forth in Section 2.263(1), along with provisions for
annual cost of living increases. The Council has determined that they do not wish to
receive cost of living increases this year. Ordinance 8087-09 amends Section 2.263(1)
to allow the mayor and councilmembers to forego automatic cost of living increases in
2010.
Councilmember George N. Cretekos moved to amend Section 2.263(1), Code of Ordinances, to
provide for no salary increase for the mayor and councilmembers in 2010. The motion was duly
seconded and carried unanimously.
Ordinance 8087-09 was presented for first reading and read by title only. Vice-Mayor Paul
Gibson moved to pass Ordinance 8087-09 on first reading. The motion was duly seconded and
upon roll call, the vote was:
"Ayes": Cretekos, Doran, Gibson, Petersen, and Hibbard.
"Nays": None.
11.2 Amend Resolution 97-43 to allow naming portions of recreation facilities to honor
individuals and adopt Resolution 09-31.
The City Council desires to revise the policy and procedure for naming City parks and
permit naming portions of City recreation facilities in honor of individuals. Resolution 09-
31 amends the policies and procedures for naming parks and recreational facilities to
permit the naming of portions of parks or facilities to be named in honor of individuals.
Councilmember Carlen Petersen moved to amend Resolution 97-43 to allow naming portions of
recreation facilities to honor individuals. The motion was duly seconded and carried
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unanimously.
Resolution 09-31 was presented and read by title only. Councilmember John Doran moved to
adopt Resolution 09-31 and authorize the appropriate officials to execute same. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Cretekos, Doran, Gibson, Petersen and Hibbard.
"Nays": None.
11.3 Adopt Resolution 09-33, recommending that the Pinellas County Board of County
Commissioners increase the millage by .0331 within the EMS district serviced by
Clearwater Fire and Rescue or, in the alternative, to use reserves so that adequate
funding will be available for the City to retain Rescue 50.
Councilmember George N. Cretekos moved to approve recommendation that the Pinellas
County Board of County Commissioners increase the millage by .0331 within the EMS district
serviced by Clearwater Fire and Rescue or, in the alternative, to use reserves so that adequate
funding will be available for the City to retain Rescue 50. The motion was duly seconded and
carried unanimously.
Resolution 09-33 was presented and read by title only. Vice-Mayor Paul Gibson moved to
adopt Resolution 09-33, as amended, and authorize the appropriate officials to execute same.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Cretekos, Doran, Gibson, Petersen and Hibbard.
"Nays": None.
12. City Manager Verbal Reports
12.1 City Manager Verbal Reports - None.
13. Council Discussion Items
13.1 Direction Regarding FY2009-10 Budget
Budget Director Tina Wilson reviewed analysis for additional budget cuts. If adjusted to a 3%
millage increase, $2,449,550 in further cuts will be needed.
In response to questions, Library Director Barbara Pickell said if additional cuts are
needed, closing the Countryside branch prior to East is recommended as 60% of
Countryside's users are non-residents. Funding received from Pinellas County for cooperative
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services has gone down by $100,000.
14. Other Council Action
14.1 Other Council Action
Councilmembers reported on events in which they recently participated and reviewed upcoming
events.
Council member Carlen Petersen expressed concern regarding the potential closure of the
Cleveland Street Post Office.
Staff was directed to draft a letter for the Mayor's signature to the city's legislative delegation
regarding a public entity retaining the facility.
Adiourn
The meeting was adjourned at 10: 18 p.m.
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Council 2009-08-06
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