10/01/2009
CITY COUNCIL MEETING MINUTES
CITY OF CLEARWATER
October 1, 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
present: Manager, Rod 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 James Rousakis of the Greek Orthodox Church of the
Holy Trinity
3. Pledge of Allegiance - Mayor Frank Hibbard
4. Presentations - Given.
4.1 FLC Hometown Hero - Cyndie Goudeau, City Clerk
4.2 Hispanic Heritage Month Proclamation - 9/15/09 - 10/15/09
4.3 October is Community Planning Month Proclamation - 10/09
5. Approval of Minutes
5.1 Approve the minutes of the September 17, 2009 City Council Meeting as
submitted in written summation by the City Clerk.
Councilmember Carlen Petersen moved to approve the minutes of the September 17,
2009 City Council Meeting as submitted in written summation by the City Clerk. The
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motion was duly seconded and carried unanimously.
6. Citizens to be Heard re Items Not on the Agenda
Nicholas Fritsch - thanked the Council for their leadership in adopting a resolution
opposing offshore oil drilling.
Shelley Kuroghlian - thanked the city for partnering with the Clearwater Neighborhoods
Coalition for "Reducing Street Gang Activity through Community Involvement" program
on October 10, 2009.
Public Hearings - Not before 6:00 PM
7. Administrative Public Hearings
7.1 Approve the Annexation, Initial Land Use Plan Designation of Residential Urban
(RU), Preservation (P), and Drainage Feature Overlay and Initial Zoning Atlas
Designation of Medium Density Residential (MDR) District and Preservation (P)
District for 1923 N Betty Lane (Lots 5, 10, 11, and 12, together with Lot 4 less the
North 150 feet of said Lot 4, Langes Replat of Browns Subdivision in Section 3,
Township 29 South, Range 15 East); and pass Ordinances 8093-09, 8094-09 and
8095-09 on first reading. (ANX2009-07011)
This voluntary annexation petition involves a 1.369-acre property consisting of
one vacant parcel of land. It is located on the west side of Betty Lane,
approximately 178 feet north of Sunset Point Road. The applicant is requesting
this annexation in order to receive water, sanitary sewer and solid waste service
from the City. The Planning Department is requesting that the 0.09-acres of
abutting State Street right-of-way not currently within the City limits also be
annexed. The property is contiguous to existing City boundaries to the north and
east.
It is proposed that the property be assigned a Future Land Use Plan designation
of Residential Urban (RU), Preservation (P), and Drainage Feature Overlay, and a
zoning category of Medium Density Residential (MDR) and Preservation (P).
The Planning Department determined that the proposed annexation is consistent
with the provisions of Community Development Code Section 4-604.E as follows:
The property currently does not receive water service. The closest water lines are
located in both the adjacent State Street and Betty Lane rights-of-way. The
closest sanitary sewer line is located in the adjacent State Street right-of-way. The
applicant is aware of the additional costs to extend both City water and sewer
service to this property. Collection of solid waste will be provided by the City of
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Clearwater. The property is located within Police District II and service will be
administered through the district headquarters located at 645 Pierce Street. Fire
and emergency medical services will be provided to this property by Station 51
located at 1720 Overbrook Avenue. The City has adequate capacity to serve this
property with water, 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; and
The proposed annexation is consistent with and promotes the following objective
of the Clearwater Comprehensive Plan:
* Objective A.6.4: Due to the built-out character of the City of Clearwater,
compact urban development within the urban service area shall be promoted
through application of the Clearwater Community Development Code.
* Objective A.7.2 Diversify and expand the City’s tax base through the annexation
of a variety of land uses located within the Clearwater Planning Area.
The proposed RU and P Future Land Use Plan categories are consistent with the
current Countywide Plan designation of this property. This RU designation
primarily permits residential uses at a density of 7.5 units per acre. The Planning
Department and the Pinellas Planning Council are processing a map adjustment
to update the Drainage Feature Overlay, making it congruent with the P
designation, pursuant to a jurisdictional wetlands survey. The proposed zoning
districts to be assigned to the property are the Medium Density Residential (MDR)
and Preservation (P) Districts. 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 and east; therefore the annexation is consistent with Florida Statutes
Chapter 171.044.
Planning Director Michael Delk said the ditch area is not unstable and does not present
an issue. An access easement is needed and the applicant is willing to provide the
easement but has questions regarding regulatory issues. Staff requests that the item
be continued.
Councilmember George N. Cretekos moved to continue Item 7.1 to October 22, 2009.
The motion was duly seconded and carried unanimously.
8. Second Readings – Public Hearing
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8.1 Continue to October 22, 2009 second Reading of Ordinances 8093-09, 8094-09,
8095-09 - ANX2009-07011 1923 N Betty Lane
Vice-Mayor Paul Gibson moved to continue Item 8.1 to November 5, 2009. The motion
was duly seconded and carried unanimously.
8.2 Adopt Ordinance No. 8044-09 on second reading, amending the Community
Development Code relating to resort attached dwellings and overnight
accommodations.
Concern was expressed that changes allow increased accessory use without providing
additional parking.
Ordinance 8044-09 was presented for second reading and read by title only.
Councilmember Carlen Petersen moved to adopt Ordinance 8044-09 on second and
final reading. The motion was duly seconded and upon roll call the vote was:
"Ayes": Councilmember John Doran, Councilmember Carlen Petersen, Vice-Mayor Paul
Gibson, and Mayor Frank Hibbard
"Nays": Councilmember George N. Cretekos
Motion carried.
8.3 Adopt Ordinance No. 8090-09 on second reading, annexing certain real property
whose post office address is 1520 South Highland Avenue into the corporate
limits of the city and redefining the boundary lines of the city to include said
addition.
Ordinance 8090-09 was presented for second reading and read by title only.
Councilmember John Doran moved to adopt Ordinance 8090-09 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Councilmember George N. Cretekos, Councilmember John Doran,
Councilmember Carlen Petersen and Vice-Mayor Paul Gibson.
"Nays": None.
Absent: Mayor Frank Hibbard.
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8.4 Adopt Ordinance No. 8091-09 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 1520 South Highland Avenue,
upon annexation into the City of Clearwater, as Residential Low (RL).
Ordinance 8091-09 was presented for second reading and read by title only.
Councilmember Carlen Petersen moved to adopt Ordinance 8091-09 on second and
final reading. The motion was duly seconded and upon roll call the vote was:
"Ayes": Councilmember George N. Cretekos, Councilmember John Doran,
Councilmember Carlen Petersen, Vice-Mayor Paul Gibson, and Mayor Frank Hibbard.
"Nays’: None.
8.5 Adopt Ordinance No. 8092-09 on second reading, amending the Zoning Atlas of
the city by zoning certain real property whose post office address is 1520 South
Highland Avenue, upon annexation into the City of Clearwater, as Low Medium
Density Residential (LMDR).
Ordinance 8092-09 was presented for second reading and read by title only.
Councilmember George N. Cretekos moved to adopt Ordinance 8092-09 on second
and final reading. The motion was duly seconded and upon roll call the vote was:
"Ayes": Councilmember George N. Cretekos, Councilmember John Doran,
Councilmember Carlen Petersen, Vice-Mayor Paul Gibson, and Mayor Frank Hibbard.
"Nays’: None.
9. Consent Agenda
9.1 Award contracts (blanket purchase orders)to Baker and Taylor, Atlanta, GA -
$250,000; and Ingram Library Services, Atlanta, GA - $170,000 for the purchase
of library books and materials for the contract period October 2, 2009 through
September 30, 2010 and authorize the appropriate officials to execute same.
(consent)
9.2 Accept funding totaling $200,738 from and approve the corresponding agreement
with Coordinated Child Care for the "Charting a Course for Youth" programs for
youth and teens and authorize the appropriate officials to execute same.
(consent)
9.3 Accept a Department of Justice, Bureau of Justice Assistance (DOJ/BJA)
continuation grant in the amount of $50,000 for a one-year period to fund the
Clearwater Area Task Force on Human Trafficking and authorize the appropriate
officials to execute same. (consent)
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9.4 Approve a lease agreement between Pinellas Core Management Services, Inc.
and the City of Clearwater for the Hispanic Outreach Center on premises located
at 612 Franklin Street, Clearwater, Florida, for a period of three years
commencing on November 1, 2009, and terminating on October 31, 2012, at a
rental of $1.00 per year and authorize the appropriate officials to execute same.
(consent)
9.5 Approve the 2010 Council Meeting schedule.
Councilmember John Doran moved to approve the Consent Agenda as submitted and
authorize the appropriate officials to execute same. The motion was duly seconded and
carried unanimously.
City Manager Reports
10. Other Items on City Manager Reports
10.1 Certify that Ruth Eckerd Hall, Inc., a non-profit corporation, is consistent with
local plans and regulations including comprehensive plans for the Capitol Theatre
proposed project and that Ruth Eckerd Hall, Inc. qualifies under the States
Community Contribution Tax Credit Program (CCTCP) for public resources and
facilities affiliated with economic/community development efforts and adopt
Resolution 09-36.
Ruth Eckerd Hall, Inc. is applying for sponsorship under the Enterprise Zone
Community Contribution Tax Credit Program pursuant to Florida Statutes sections
220.03, 220.183 (2) (c) and Rule 12C-1.0188 Florida Administrative Code.
To become an eligible sponsor, a resolution from the local government is
required. The Capitol Theatre is located within the City of Clearwater Enterprise
Zone 5202 as established by Resolution 98-28 on August 20, 1998. On January
1, 2006, this area was re-designated an Enterprise Zone by Resolution 05-46,
dated November 16, 2005 and will be in effect until December 31, 2015.
The CCTCP allows any business in Florida to receive a 50% credit on their
Florida corporate income tax, insurance premium tax or sales tax refund for
donations made to local community development projects. Donations must be
made to an eligible sponsor conducting an approved community development
project. A business may receive no more than $200,000 in community contribution
tax credits annually. Once the donation has been approved by the Office of
Tourism, Trade and Economic Development, a copy of the approval letter must be
submitted with the state tax return.
The qualifying proposed project for this sponsorship is to seek in-kind, service,
and cash contributions towards restoration, renovation, programming and
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operation of the Capitol Theatre.
When completed, the 655-seat capacity Capitol Theatre will become a venue
where residents and visitors of Clearwater can enjoy all genres of live
entertainment provided by Ruth Eckerd Hall, contributing to the City of
Clearwater’s goal of revitalizing its downtown area to benefit residents, tourists,
and local businesses. The Capitol Theatre will also be an auxiliary location for
various performing arts education programs and film series’ offered by Ruth
Eckerd Hall.
Vice-Mayor Paul Gibson moved to certify that Ruth Eckerd Hall, Inc., a non-profit
corporation, is consistent with local plans and regulations including comprehensive
plans for the Capitol Theatre proposed project and that Ruth Eckerd Hall, Inc. qualifies
under the States Community Contribution Tax Credit Program (CCTCP) for public
resources and facilities affiliated with economic/community development efforts. The
motion was duly seconded and carried unanimously.
Resolution 09-36 was presented and read by title only. Councilmember Carlen
Petersen moved to adopt Resolution 09-36. The motion was duly seconded and upon
roll call the vote was:
"Ayes": Councilmember George N. Cretekos, Councilmember John Doran,
Councilmember Carlen Petersen, Vice-Mayor Paul Gibson and Mayor Frank Hibbard.
"Nays": None.
10.2 Amend Appendix A, Schedule of Fees, Rates and Charges of the City of
Clearwater Code of Ordinances relating to Article XI, Parks, Beaches, and
Recreation as it relates to the criteria which establishes the class of city residents
and pass Ordinance 8105-09 on first reading.
For well over 30 years the City has been allowing non-residents the opportunity to
use and take part in recreation programs in the City of Clearwater by paying an
additional nonresident fee. The current ordinance governing these fees was last
changed by the Council in 2008 to revise the formula used to determine the cost
of this assessment and to remove some options in lieu of nonresident fees.
Included in the code is a provision that more or less defines who qualifies as a city
resident. This has not been changed since the adoption of the original ordinance
and staff believes that there are some groups of people that need to be added to
this provision as well as provide an updated definition for family.
This amendment will add the following groups of persons to the list of qualified city
residents:
* Retirees of the City of Clearwater
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* Active military and their family members
* Employees or clients of the Upper Pinellas Association for Retarded Citizens
(UPARC) for the use of the Long Center facility
* Corporate memberships for City wellness programs funded by businesses
within the incorporated boundaries of the City of Clearwater
In addition this amendment clarifies the definition of family to more closely reflect
what is being implemented in the recreation department. Family is defined as
follows; “Husband and wife or legal guardian and their children who live in the
same household, who are 18 years of age or under, or less than 23 years of age
and a full time college student.”
Councilmember John Doran moved to amend Appendix A, Schedule of Fees, Rates
and Charges of the City of Clearwater Code of Ordinances relating to Article XI, Parks,
Beaches, and Recreation as it relates to the criteria which establishes the class of city
residents. The motion was duly seconded and carried unanimously.
Ordinance 8105-09 was presented for first reading and read by title only.
Councilmember George N. Cretekos moved to pass Ordinance 8105-09 on first
reading. The motion was duly seconded and upon roll call the vote was:
"Ayes": Councilmember George N. Cretekos, Councilmember John Doran,
Councilmember Carlen Petersen, Vice-Mayor Paul Gibson and Mayor Frank Hibbard.
"Nays": None.
10.3 Approve the collective bargaining agreement as negotiated between the City of
Clearwater and the Fraternal Order of Police Supervisors for Fiscal Years
2009/10, 2010/11, and 2011/12.
The most recent collective bargaining agreement between the City of Clearwater
and the Fraternal Order of Police Supervisors bargaining unit expired on
September 30, 2009. City management staff met with representatives of the
Fraternal Order of Police Supervisors beginning in August of 2009 to negotiate a
new agreement. On September 10, 2009, the parties reached a tentative
agreement that was subsequently submitted by the Union to its bargaining unit
which ratified the agreement by a vote of 42 to 2 on September 25, 2009.
The agreement is a three-year contract, providing for no general wage increase in
the first year and including reopener clauses to negotiate wage and pay range
adjustments in years two and three. The agreement also provides for the City to
pay for the first three vacation days used by each bargaining unit member with no
charge to the employee’s vacation leave balance in the first year of the contract
only. In addition, the parties agreed all bargaining unit members will comply with
the City’s revised Tobacco Product Usage Policy. There are no other significant
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changes to the existing contract language. Costs are within the City’s approved
budget for the first year of the contract, and will be determined in accordance with
the outcome of negotiation of the wage reopener clauses for the second and third
years.
Vice-Mayor Paul Gibson moved to approve the collective bargaining agreement as
negotiated between the City of Clearwater and the Fraternal Order of Police
Supervisors for Fiscal Years 2009/10, 2010/11, and 2011/12. The motion was duly
seconded and carried unanimously.
10.4 Appoint three members to the Municipal Code Enforcement Board with the terms
to expire October 31, 2012.
Councilmember Carlen Petersen moved to reappoint Sheila Cole and Ronald V. Daniels
to the Municipal Code Enforcement Board with the terms to expire October 31, 2012.
The motion was duly seconded and carried unanimously.
Miscellaneous Reports and Items
11. City Manager Verbal Reports
11.1 City Manager Verbal Reports
Staff was directed to begin the November 17 Pension Trustees meeting at 5:00 p.m.
Note: It was determined there are no items for the November 17 Pension Trustees,
therefore, that meeting was cancelled.
12. Council Discussion Items
12.1 Regional Chamber of Commerce Ability to Fulfill Tourism Contract
Economic Development and Housing Director Geri Campos Lopez said she met with
the Clearwater Regional Chamber of Commerce President Bob Clifford to discuss their
new business model and ability to fulfill contract with new organizational structure. The
new business model will bring tourism to the forefront. Ms. Anita Treiser will be
developing a strategic plan on tourism. Ms. Lopez said staff will meet with the Chamber
monthly to evaluate their performance. Performance benchmarks include local events
and ad placements. The Chamber will be evaluating the Welcome Center’s hours and
adjusting them to remain most effective.
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Two individuals expressed concerns with the Chamber’s re-organization and impact on
tourism support.
Staff was directed to keep Council apprised of Chamber’s progress.
12.2 Resolution 09-46 - Recommending Pinellas County use EMS reserves to continue
funding a Rescue Unit at Station 50
It was stated that in discussions with County Commissioners it was recommended the
City make another effort to get county funding for a rescue unit at Station 50.
Resolution 09-46 was presented and read by title only. Councilmember George N.
Cretekos moved to adopt Resolution 09-46. The motion was duly seconded and upon
roll call the vote was:
"Ayes": Councilmember George N. Cretekos, Councilmember John Doran,
Councilmember Carlen Petersen, Vice-Mayor Paul Gibson and Mayor Frank Hibbard.
"Nays": None.
13. Other Council Action
13.1 Other Council Action
Councilmembers reported on events in which they recently participated, reviewed
upcoming events and offered condolences to the Beebe and Zayac families.
Vice-Mayor Paul Gibson read correspondence from reporter confirming that no
candidate at 2007 candidate forum promised a new Morningside Recreation Center
would be built.
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Adiourn
The meeting was adjourned at 7:23 p.m.
-~/~
Mayor
City of Clearwater
Attest
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