11/17/2009
CITY COUNCIL MEETING MINUTES
CITY OF CLEARWATER
November 17, 2009
Present: Mayor Frank Hibbard, Vice-Mayor Paul Gibson, Councilmember George N.
Cretekos, and Councilmember John Doran.
Absent: Councilmember Carlen Petersen
Also William B. Horne II - City Manager, Rod Irwin - Assistant City Manager,
present: 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 - Mayor Frank Hibbard
The meeting was called to order at 6:00 p.m. at City Hall.
2. Invocation - Reverend Dr. Scott Baker of First United Methodist Church
3. Pledge of Allegiance - Mayor Frank Hibbard
4. Presentations
4.1 Citizen’s Academy Graduates of 2009
Certificates were presented to: Ronald Altic, Mary Kate Belniak, Nancy Emineth,
Mike Engelmann, Elizabeth W. Folk, Jorge Gonzalez, Ming He, Howard "Gene"
Hughey, Jeff Lawlor, Peter Leach, Gina McPheron, Hal Pheeny, Keith
Protonentis, Sherry Pyatok, Marian Townson, Donald van Weezel, and Daryl
Waterman.
4.2 Home, business, and neighborhood of the Quarter Awards
The Neighborhood of the Quarter Award was presented to the Skycrest community.
Home of the Quarter Awards were presented to: Thomas and Mary Sewell at 2391 Old
Coachman Trail, David and Susan Rutter at 1878 Yale Avenue, James and Heather
Bassick at 1021 Granada Street, and Edward DiPanni at 2015 Brendla Road. The Fall
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2009 Business Beautification Recognition Award was given to the Lincourt Medical
Center at 501 Lincoln Avenue.
4.3 Ironman Triathlon Presentation
Event Director Joanna Jordan thanked the City and residents for their support and
efforts.
4.4 State of the City Presentation - City Manager
City Manager Horne reviewed efforts to achieve vision statement priorities.
5. Approval of Minutes
5.1 Approve the minutes of the November 5, 2009 City Council Meeting as submitted
in written summation by the City Clerk.
Councilmember John Doran moved to approve the minutes of the November 5, 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 - None.
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) and Initial Zoning Atlas Designation of Low Medium Density Residential
(LMDR) District for 13 Baywood Avenue (Lot 13, Block E, Second Edition to
Eastwood Terrace in Section 18, Township 29 South, Range 16 East); and pass
Ordinances 8121-09, 8122-09 and 8123-09 on first reading.(ANX2009-08014)
This voluntary annexation petition involves a 0.17-acre property consisting of one
parcel of land occupied by a single-family dwelling. It is located on the east side of
Baywood Avenue, approximately 110 feet north of Eastwood Drive. The applicant
is requesting annexation in order to receive sanitary sewer and solid waste
service from the City. Annexation of the property will eliminate an enclave. The
property is contiguous to existing City boundaries to the north, south, east, and
west. It is proposed that the property be assigned a Future Land Use Plan
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designation of Residential Urban (RU) and a zoning category of Low Medium
Density Residential (LMDR).
The Planning Department determined the proposed annexation is consistent with
the provisions of Community Development Code Section 4-604.E as follows:
The property currently receives water service from Pinellas County. The closest
sanitary sewer line is located in the adjacent Baywood Avenue 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. Collection of
solid waste will be provided by the City of Clearwater. The property is located
within Police District III and service will be administered through the district
headquarters located at 2851 N. McMullen Booth Road.
Fire and emergency medical services will be provided to this property by Station
49 located at 565 Sky Harbor Drive. The City has adequate capacity to serve this
property with 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.
Policy A.7.2.3 Continue to process voluntary annexations for single-family
residential properties upon request.
The proposed RU 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 7.5 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 north, south, east and west; therefore the annexation is consistent with Florida
Statutes Chapter 171.044.
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Councilmember George N. Cretekos moved to approve the Annexation, Initial Land Use
Plan Designation of Residential Urban (RU) and Initial Zoning Atlas Designation of Low
Medium Density Residential (LMDR) District for 13 Baywood Avenue (Lot 13, Block E,
Second Edition to Eastwood Terrace in Section 18, Township 29 South, Range 16
East). The motion was duly seconded and carried unanimously.
Ordinance 8121-09 was presented for first reading and read by title only. Vice-Mayor
Paul Gibson moved to pass Ordinance 8121-09 on first reading. The motion was duly
seconded and upon roll call the vote was:
"Ayes": Councilmember George N. Cretekos, Councilmember John Doran, Vice-Mayor
Paul Gibson, and Mayor Frank Hibbard.
"Nays": None.
Absent: Councilmember Carlen Petersen.
Ordinance 8122-09 was presented for first reading and read by title only.
Councilmember John Doran moved to pass Ordinance 8122-09 on first reading. The
motion was duly seconded and upon roll call the vote was:
"Ayes": Councilmember George N. Cretekos, Councilmember John Doran, Vice-Mayor
Paul Gibson, and Mayor Frank Hibbard.
"Nays": None.
Absent: Councilmember Carlen Petersen.
Ordinance 8123-09 was presented for first reading and read by title only.
Councilmember George N. Cretekos moved to pass Ordinance 8123-09 on first
reading. The motion was duly seconded and upon roll call the vote was:
"Ayes": Councilmember George N. Cretekos, Councilmember John Doran, Vice-Mayor
Paul Gibson, and Mayor Frank Hibbard.
"Nays": None.
Absent: Councilmember Carlen Petersen.
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7.2 Approve a Future Land Use Plan Amendment from the Residential Medium (RM)
Classification to the Transportation/Utility Overlay and Drainage Feature Overlay
with existing Residential Medium (RM) Classification for a portion of the property
located at 1980 Kings Highway (consisting of a portion of the Florida Power
Corporation easement, a portion of the drainage easement and a portion of lot 9,
less the east thirty feet in E.A. Marshall subdivision), and pass Ordinance 8116-09
on first reading.(LUZ2009-07002)
This future land use plan (FLUP) amendment application is related to a previous
land use and zoning amendment known as 1980 Kings Highway (LUZ2006-
08004), which was requested by the previous owner, New Zion Missionary Baptist
Church. The request was to change from the Institutional (INS) land use category
to the Residential High (RH) category and to change the zoning from the
Institutional (I) District to High Density Residential (HDR) District. The request was
not approved as proposed, but a change to the Residential Medium (RM) future
land use plan category and Medium Density Residential (MDR) zoning
designation was granted. The Pinellas Planning Council recommended approval
of the change, with the condition that the Transportation/Utility Overlay and
Drainage Feature Overlay categories be added to the southern portion of the
property to reflect the existing utility (Progress Energy) and drainage (City)
easements. The Board of County Commissioners acting as the Countywide
Planning Authority approved this recommendation on March 13, 2007. At the time
of approval, the City’s Comprehensive Plan did not include the two overlays;
therefore, a Comprehensive Plan amendment was necessary in order for the
condition to be met. The amendment which added the two overlays was part of
the Evaluation and Appraisal Report-based amendments to the Comprehensive
Plan which were adopted by the City Council in December, 2008 and approved by
the Department of Community Affairs in February, 2009.
The current amendment involves the southerly portion of the property, comprising
approximately 0.65 acres in area. This amendment is to add the
Transportation/Utility Overlay and Drainage Feature Overlay, along with the
existing Residential Medium (RM) classification in order to meet the condition of
the previous future land use plan amendment as described above.
The Planning Department has determined that the proposed future land use plan
amendment, as recommended, is consistent with the following standards
specified in the Community Development Code:
· The proposed land use plan amendment is consistent with the Comprehensive
Plan, and the Countywide Plan Rules
· The proposed use is compatible with the surrounding area.
· Sufficient public facilities are available to serve the property.
· The application will not have an adverse impact on the natural environment.
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Please refer to the land use plan amendment (LUZ2009-07002) staff report for the
complete analysis.
In accordance with the Countywide Plan Rules, this future land use plan
amendment is subject to approval by the Pinellas Planning Council and Board of
County Commissioners acting as the Countywide Planning Authority. Based on
the size of the parcel, review and approval by the Florida Department of
Community Affairs is not required.
The Community Development Board reviewed this application at its public hearing
on October 20, 2009 and unanimously recommended approval of the Future Land
Use Plan amendment.
Vice-Mayor Paul Gibson moved to approve a Future Land Use Plan Amendment from
the Residential Medium (RM) Classification to the Transportation/Utility Overlay and
Drainage Feature Overlay with existing Residential Medium (RM) Classification for a
portion of the property located at 1980 Kings Highway (consisting of a portion of the
Florida Power Corporation easement, a portion of the drainage easement and a portion
of lot 9, less the east thirty feet in E.A. Marshall subdivision). The motion was duly
seconded and carried unanimously.
Ordinance 8116-09 was presented for first reading and read by title only.
Councilmember John Doran moved to pass Ordinance 8116-09 on first reading. The
motion was duly seconded and upon roll call the vote was:
"Ayes": Councilmember George N. Cretekos, Councilmember John Doran, Vice-Mayor
Paul Gibson, and Mayor Frank Hibbard.
"Nays": None.
Absent: Councilmember Carlen Petersen.
7.3 Approve the historic designation of the Clearwater Evening Sun Building (aka
Lokey Building) located at 401 Cleveland Street [consisting of the West of Lot 7,
John R. Daveys Resub of Block B (per Plat Book H-1, Page 87, Public Records of
Hillsborough County, Florida, of which Pinellas County was formerly a part]; and
Pass Ordinance 8118-09 on first reading.(HIS2009-00001)
This historic designation application involves property comprising approximately
0.065 acres in area located on the southeast corner of Cleveland Street and
Osceola Avenue. The building was constructed in 1914 by William Powell and
housed one of Clearwater’s first newspapers. It is a two story brick structure with
decorative brickwork and is an outstanding example of commercial Masonry
Vernacular.
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The Planning Department determined the proposed historic designation of the
building is consistent with three of the four criteria for evaluating historic properties
specified in the Community Development Code (Section 4-407.F.2.a-c):
· The property is associated with events that made a significant contribution to
the board pattern of the City.
· The property is associated with the lives of persons significant in history.
· The property possesses distinctive characteristics of a type, period or method
of construction.
Pursuant to Community Development Code Section 4-607.F.3 historic properties
shall be classified as exceptional, excellent, notable or of value as part of the
scene. Based on the findings that the Clearwater Evening Sun Building meets
three of the designation criteria, it should be classified as excellent.
Please refer to the historic designation staff report (HIS2009-00001) for the
complete analysis.
The Community Development Board reviewed this application at its public hearing
on October 20, 2009 and unanimously recommended approval.
Ruth Eckerd Hall representative Robert Freedman said the organization always
intended to restore the building to historical standards. The local historic designation
will facilitate state and federal historic designations and funding opportunities.
Councilmember George N. Cretekos moved to approve the historic designation of the
Clearwater Evening Sun Building (aka Lokey Building) located at 401 Cleveland Street
[consisting of the West of Lot 7, John R. Daveys Resub of Block B (per Plat Book H-1,
Page 87, Public Records of Hillsborough County, Florida, of which Pinellas County was
formerly a part]. The motion was duly seconded and carried unanimously.
Ordinance 8118-09 was presented for first reading and read by title only. Vice-Mayor
Paul Gibson moved to pass Ordinance 8118-09 on first reading. The motion was duly
seconded and upon roll call the vote was:
"Ayes": Councilmember George N. Cretekos, Councilmember John Doran, Vice-Mayor
Paul Gibson, and Mayor Frank Hibbard.
"Nays": None.
Absent: Councilmember Carlen Petersen.
Council 2009-11-17 7
7.4 Approve the historic designation of the Capitol Theatre located at 405 Cleveland
Street [consisting of the East of Lot 7, plus 30 feet and 3 inches of Lot 6, John R.
Daveys Resub of Block B (per Plat Book H-1, Page 87, Public Records of
Hillsborough County, Florida, of which Pinellas County was formerly a part]; and
pass Ordinance 8119-09 on first reading. (HIS2009-00002)
This historic designation application involves property comprising approximately
0.144 acres in area located on the south side of Cleveland Street, one property
east of Osceola Avenue. The Capitol Theatre opened in 1921 and was designed
by Lester Avery and owned by John S. Taylor, son of one the area’s earliest
homesteaders. The building is an excellent example of the elaborate
Mediterranean Revival style and is unique to Cleveland Street.
The Planning Department determined that the proposed historic designation of the
theater is consistent with three of the four criteria for evaluating historic properties
specified in the Community Development Code (Section 4-407.F.2.a-c):
· The property is associated with events that made a significant contribution to
the board pattern of the City.
· The property is associated with the lives of persons significant in history.
· The property possesses distinctive characteristics of a type, period or method
of construction.
Pursuant to Community Development Code Section 4-607.F.3 historic properties
shall be classified as exceptional, excellent, notable or of value as part of the
scene. Based on the findings that the Capitol Theatre meets three of the
designation criteria, it should be classified as excellent. Please refer to the historic
designation staff report (HIS2009-00002) for the complete analysis. The
Community Development Board reviewed this application at its public hearing on
October 20, 2009 and unanimously recommended approval.
Councilmember George N. Cretekos moved to approve the historic designation of the
Capitol Theatre located at 405 Cleveland Street [consisting of the East of Lot 7, plus 30
feet and 3 inches of Lot 6, John R. Daveys Resub of Block B (per Plat Book H-1, Page
87, Public Records of Hillsborough County, Florida, of which Pinellas County was
formerly a part]. The motion was duly seconded and carried unanimously.
Ordinance 8119-09 was presented for first reading and read by title only. Vice-Mayor
Paul Gibson moved to pass Ordinance 8119-09 on first reading. The motion was duly
seconded and upon roll call the vote was:
"Ayes": Councilmember George N. Cretekos, Councilmember John Doran, Vice-Mayor
Paul Gibson, and Mayor Frank Hibbard.
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"Nays": None.
Absent: Councilmember Carlen Petersen.
7.5 Approve Amendments to the Community Development Code and the Code of
Ordinances to implement the EAR-based amendments to the Clearwater
Comprehensive Plan, to bring consistency between the Countywide Plan Rules
and the Community Development Code, to address the height of non-opaque
fences on waterfront lots, adjustments to the Zoning Atlas, the clearance required
for awnings, elimination of sandwich board signs without a permit in the
Downtown District, and other minor editorial changes and pass Ordinance 8070-
09 on first reading.
(TA2009-03006)
The Planning Department is proposing amendments to the Community
Development Code and the Code of Ordinances primarily to implement the
Evaluation and Appraisal Report (EAR)-based amendments to the Clearwater
Comprehensive Plan and to bring consistency between the Countywide Plan
Rules and the Community Development Code. Other amendments were identified
as part of this review process, including the height of non-opaque fences on
waterfront lots, adjustments to the Zoning Atlas, the clearance required for
awnings, and the elimination of sandwich board signs without a permit in the
Downtown District. Minor editorial amendments are also included.
The amendments that present a change in current policy or a new policy are
outlined below:
· Flexible Standard Development Uses in Industrial, Research and Technology
(IRT) District – Countywide Plan Consistency (Pages 3-5 of Ordinance):
Sets forth size restrictions in the Industrial, Research and Technology (IRT)
zoning district for automobile service stations, major vehicle services, and retail
sales and service uses and outdoor recreation/entertainment uses that are not
part of a master development plan within the Industrial Limited (IL) land use
category to 5 acres. If these uses exceed 5 acres, the property must be
designated the appropriate future land categories that support these uses as
primary uses.
· Stormwater Detention Facilities – EAR-based Amendment (Page 7 of
Ordinance):
This amendment requires low impact development techniques for stormwater
management.
· Landscaping – EAR-based Amendment (Page 7 of Ordinance): This
amendment adds “Florida-friendly” plant materials to those that are to be utilized
Council 2009-11-17 9
to satisfy minimum landscaping requirements.
· Reclaimed Water in Subdivisions – EAR-based Amendment (Page 8 of
Ordinance):
This amendment requires developers of new subdivisions to provide internal
reclaimed water systems when reclaimed water will be available within seven
years.
· Historic Designation – EAR-based Amendment (Page 8 of Ordinance):
This amendment allows the City in addition to property owners to initiate an
application for historic designation.
· Definitions and Rules of Construction – EAR-based Amendment (Page 9 of
Ordinance):
This amendment provides a new definition of Coastal Storm Area which
incorporates and replaces the definition of Coastal High Hazard Area and is
consistent with the changes made in the EAR-Based Comprehensive Plan
amendments.
· Wellhead Protection, Amendments to the Code of Ordinances Chapter 24 –
EAR-based Amendment (Pages 9-10 of Ordinance):
These two amendments modify the requirements for a wellhead protection permit
and a protection-containment plan, including an increase in the distance from 500
feet to 1,000 feet from a well for potential expansion/change of an existing use
with contaminating materials.
The Community Development Board (CDB) reviewed the proposed amendments
at its regularly scheduled meeting on October 20, 2009 and recommended
approval of proposed Ordinance 8070-09. As part of the motion, the Board
recommended that application be made to designate North Ward School a historic
structure. The Planning Department indicated to the Board that it is working with
the School Board on the preservation of historic schools within the City.
In response to questions, Planning and Development Assistant Director Gina Clayton
said sandwich boards are not allowed in the city. The proposed changes are correcting
an inconsistency until staff presents further changes. A subdivision is defined as three
or more lots. Concerns were expressed that the requirement for reclaimed water
infrastructure for new subdivisions not add to the cost of affordable housing.
Council 2009-11-17 10
Councilmember John Doran moved to approve amendments to the Community
Development Code and the Code of Ordinances to implement the EAR-based
amendments to the Clearwater Comprehensive Plan, to bring consistency between the
Countywide Plan Rules and the Community Development Code, to address the height
of non-opaque fences on waterfront lots, adjustments to the Zoning Atlas, the clearance
required for awnings, elimination of sandwich board signs without a permit in the
Downtown District, and other minor editorial changes. The motion was duly seconded
and carried unanimously.
Ordinance 8070-09 was presented for first reading and read by title only.
Councilmember George N. Cretekos moved to pass Ordinance 8070-09 on first
reading. The motion was duly seconded and upon roll call the vote was:
"Ayes": Councilmember George N. Cretekos, Councilmember John Doran, Vice-Mayor
Paul Gibson, and Mayor Frank Hibbard.
"Nays": None.
Absent: Councilmember Carlen Petersen.
8. Second Readings – Public Hearing
8.1 Adopt Ordinance 8079-09 on second reading, amending the future land use plan
element of the Comprehensive Plan of the city to change the land use for certain
real property whose post office address is 2337 Gulf-to-Bay Boulevard from
Residential Medium (RM) to Commercial General (CG).
Ordinance 8079-09 was presented for second reading and read by title only. Vice-
Mayor Paul Gibson moved to adopt Ordinance 8079-09 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, Vice-Mayor
Paul Gibson, and Mayor Frank Hibbard.
"Nays": None.
Absent: Councilmember Carlen Petersen.
8.2 Adopt Ordinance No. 8080-09 on second reading, amending the Zoning Atlas of
the city by rezoning certain real property whose post office address is 2337 Gulf-
to-Bay Boulevard from Mobile Home Park (MHP) to Commercial (C).
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Ordinance 8080-09 was presented for second reading and read by title only.
Councilmember John Doran moved to adopt Ordinance 8080-09 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, Vice-Mayor
Paul Gibson, and Mayor Frank Hibbard.
"Nays": None.
Absent: Councilmember Carlen Petersen.
8.3 Adopt Ordinance No. 8088-09 on second reading, amending the Comprehensive
Plan of the city as adopted on May 18, 2000, as subsequently amended,
amending the capital improvement element, making corrections and modifications
pursuant to the updated schedule of the City of Clearwater’s FY 2009-2010
through FY 2014-2015 Capital Improvement Program Budget adopted on
September 17, 2009, and updating the reference in Policy I.1.1.2 to the School
Districts Five Year Work Program for FY 2009-2010 through 2013-2014 as
adopted by the School Board on September 15, 2009.
Ordinance 8088-09 was presented for second reading and read by title only.
Councilmember George N. Cretekos moved to adopt Ordinance 8088-09 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, Vice-Mayor
Paul Gibson, and Mayor Frank Hibbard.
"Nays": None.
Absent: Councilmember Carlen Petersen.
8.4 Adopt Ordinance No. 8129-09 on second reading, vacating the south five feet of a
ten foot drainage and utility easement, less the west ten feet and the east five feet
thereof, lying south of and adjacent to the north property line of Lot 122, replat of
Willow Ridge.
Ordinance 8129-09 was presented for second reading and read by title only. Vice-
Mayor Paul Gibson moved to adopt Ordinance 8129-09 on second and final reading.
The motion was duly seconded and upon roll call the vote was:
Council 2009-11-17 12
"Ayes": Councilmember George N. Cretekos, Councilmember John Doran, Vice-Mayor
Paul Gibson, and Mayor Frank Hibbard.
"Nays": None.
Absent: Councilmember Carlen Petersen.
City Manager Reports
9. Other Items on City Manager Reports
9.1 Declare the list of surplus 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)
All vehicles and equipment have been replaced as necessary and are no longer
required. Tampa Machinery Auction is the Pinellas County Purchasing
Cooperative Auctioneer of Record.
Councilmember John Doran moved to approve 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. The motion was duly seconded and carried unanimously.
9.2 Approve mortgage modification agreements for Community Service Foundation,
Inc. (Fulton Apartments) and SP Country Club Homes LLC (Country Club Homes)
and authorize the appropriate officials to execute same.
Fulton Apartments
On September 10, 2003, the Community Service Foundation (CSF) received
$200,000 in the form of a loan for the acquisition of the property located at 1602,
1604, 1606, 1608, and 1620 Fulton Avenue, Clearwater, Florida 33755. This
property houses a 19-unit apartment complex located in one of the City’s
designated target revitalization areas. The Fulton Apartments provide affordable
rental units for very low to moderate-income residents.
The original loan terms required no payments for the first five (5) years of the
loan. After this deferral period, the borrower would make annual payments of
$8,000.00 per year. In a letter dated October 21, 2009, Jerry Spilatro, CSF
Director, requested an additional five (5) year deferment due to low cash flow from
Fulton Apartments. Low cash flow is a result of low occupancy rates due to the
economy and neighborhood conditions.
After a review of CSF financial statements, Economic Development and Housing
Council 2009-11-17 13
staff recommends a mortgage modification to extend the deferred payment period
of the loan for an additional five (5) years. This will allow CSF to continue to
provide affordable rental housing units in the North Greenwood community.
Country Club Homes
On May 8, 2008, Mr. Peter Leach, Vice President of the SP Country Club Homes
LLC, presented an application for funding for acquisition costs to acquire vacant
real property to build 36 affordable townhomes. The application was presented as
part of the City’s Consolidated Planning Process. The amount of funding
requested was not to exceed $700,000 from previous years Community
Development Block Grant Funds. City Council approved the loan on June 5,
2008. The project will be located at the corner of Betty Lane and Drew Street.
The original loan term is three-percent interest rate on the outstanding principal
balance with deferred payment of principal and interest for five (5) years. If the
developer fails to perform any the following: 1) file an application for site plan
approval of the project on or before October 31, 2008; 2) obtain site plan approval
from the City on or before June 30, 2009; or 3) commence construction of the
Project on or before December 31, 2009, then Developer agrees, upon written
demand by the City to convey the Property to the City by Special Warranty Deed
in lieu of foreclosure. Given the current economic conditions and the state of the
housing market, the Developer is unable to meet the agreed upon timelines and
has requested an extension.
After careful review, Economic Development and Housing staff recommends a
mortgage modification to extend the timeframes for an additional five (5) years.
This extension will allow the Developer time to complete the site plan approval,
construct, and sell the affordable townhomes in the East Gateway District.
In response to questions, Economic Development and Housing Director Geri Campos
Lopez said low cash flows are due to low occupancy rates. The Fulton Apartments are
difficult to rent out because of the smaller units and do not offer much space for families
with older children. Four of 19 units are vacant.
Economic Development and Housing Assistant Director Jim Donnelly said many
individuals are moving back home.
Staff was directed to provide a list of properties, and their occupancy rates, for which
the City has a vested interest.
In response to questions, Ms. Lopez said staff is comfortable that Country Club Homes
will be able to meet the 5-year timeline. If nothing happens, then the city owns the
property.
Council 2009-11-17 14
It was requested that staff provide shorter timelines for future mortgage modifications
and add property maintenance requirements to the agreements.
Vice-Mayor Paul Gibson moved to approve mortgage modification agreements for
Community Service Foundation, Inc. (Fulton Apartments) and SP Country Club Homes
LLC (Country Club Homes) and authorize the appropriate officials to execute same. The
motion was duly seconded and carried unanimously.
Miscellaneous Reports and Items
10. City Attorney Reports
10.1 Authorize payment of judgment in Case 99-7479-CI-11, School Board of Pinellas
County v. City of Clearwater, in the amount of $197,295.36 plus interest of 11%
per annum from September 16, 2008.
In 1999 the School Board of Pinellas County brought a suit against the City of
Clearwater contending that it was exempt from Clearwater’s stormwater
utility/user fee, and it sought to have Clearwater’s Stormwater Utility Ordinance
declared void, or alternatively, to have the ordinance declared inapplicable to the
School Board.
The School Board also sought damages equal to all stormwater utility/user fees
previously paid to Clearwater, together with prejudgment interest. Clearwater
counterclaimed for unpaid stormwater utility/user fees. While the case was
pending in the Circuit Court, the First District Court of Appeals decided City of
Gainesville v. State, Department of Transportation, 920 So.2d 53 (Fla. 1st DCA
2005). The ruling of that case was that the state (or its subdivisions) could not be
forced to pay stormwater utility fees in the absence of a written contract.
Based upon City of Gainesville case the circuit court granted judgment to the
School Board.
On appeal to the Second District Court of Appeals the circuit court decision was
affirmed.
As a consequence, while the City’s stormwater utility ordinance has been
declared valid and our stormwater utility fee has been determined to be a valid
user fee, the court has determined that the School Board enjoys sovereign
immunity and may not be forced to pay for stormwater utility services.
The final judgment is for $197,295.36 together with interest at 11% per annum
from September 16, 2008. Total principal and interest through November 17, 2009
is $222,803.21.
Council 2009-11-17 15
It was stated that State Code requires that stormwater be provided to schools. The
11% interest rate is a statutory requirement and ordered by the courts.
Councilmember John Doran moved to authorize payment of judgment in Case 99-7479-
CI-11, School Board of Pinellas County v. City of Clearwater, in the amount of
$197,295.36 plus interest of 11% per annum from September 16, 2008. The motion was
duly seconded and carried unanimously.
11. City Manager Verbal Reports
11.1 City Manager Verbal Reports
It was stated that representatives from 5 hotels on South Gulfview wish to meet with
Building Construction Manager Perry Lopez to discuss ways to expedite the project,
review signage and potentially adding pavers and trees.
Discussion ensued. Staff was directed to provide information regarding additional cost
for pavers and if hoteliers are willing to help pay for additional costs.
The council recessed from 8:07 p.m. to 8:12 p.m.
12. Council Discussion Items
12.1 Provide guidance on an employee/retiree benevolent fund to defray the cost of
increased health care out of pocket expenses.
The council recently approved a new health care contract with CIGNA for CY
2010. While the employee premium cost for the base plan did not increase, the
out of pocket costs should employees use the benefit increased significantly. The
Council directed staff to explore a "benevolent fund" that would help defray these
costs.
Staff researched different options to cover the new out of pocket costs for hospital
admission, outpatient admission and maternity admissions. Additional options
would be to pay for emergency room visits and additional AFLAC coverage.
The spread sheet indicates the annual costs for the following reimbursements:
Providing a $500 reimbursement per hospital admission is estimated to cost
$75,000 based on projected use.
Providing a $300 reimbursement per outpatient admission is estimated to cost
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$208,000 based on projected use.
Providing a $1400 reimbursement per maternity admission is estimated to cost
$30,000 based on projected use. Total annual cost is estimated at $313,000.
Providing reimbursement for estimated emergency room visits would be
$699,000.
Third party administrative cost is estimated to be $3.00 per employee/retiree
per month or $63,000.
Premium for an additional AFLAC $500 per admission hospitalization rider for
those 483 currently enrolled in the AFLAC Hospitalization plan is estimated at
$60,000. Total of all options would be an increased cost to the City of $1.135
million. If directed to go forward with any of these options, the funding would need
to come from the Central Insurance Fund reserves. The current approved plan
already allocates $170,000 Central Insurance Fund reserves and the costs of any
clinic related expenditures would also need to be funded from reserves. The
below schedule shows how the City, employee, and total cost for the no plan
changes CIGNA plan verses the approved CIGNA plan (based upon budgeted
positions and current employee enrollment).
2010 2010 Difference
CIGNA No Approved
Plan CIGNA Plan
Changes
City Cost $11,814,777$10,292,582 $1,522,195
Employee $ 3,245,652 $ 4,231,853 ($986,201)
Cost
Total $15,060,429$14,524,435 $535,994
The current approved plan (both City and employee cost) is $14.5 million. Any
expenses approved for reimbursing out of pocket expenses, etc. would be an
additional cost to the City. This total cost should be compared to the no change
plan cost of $15.1 million (both city and employee cost).
In response to a question, Gehring Group representative Kurt Gehring said less than
10% of employees participate in the Flexible Spending Account option.
Human Resources Director Joe Roseto said staff was analyzing the Request for
Proposals for the Health Clinic and expect the item to go before Council on December
17, 2009. Staff anticipates the clinic to be up and running by March 2010.
There was no consensus to proceed with an employee benevolent fund.
Staff was directed to proceed with plans for health clinic.
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12.2 Commercial Foreclosures and Six Month Occupancy - Councilmember Gibson
Assistant City Manager Rod Irwin said commercial foreclosures are an issue in the East
Gateway area. Lost tenants are not replaced for 6 months and property owners incur a
substantial cost to bring property to current code standards.
Planning and Development Director Michael Delk said current ordinance addressing
non-conforming uses and structures is citywide and has been in place for a long time.
Current code has been successful in adding value and increasing tax base. The issue
is precipitated by single occupancy properties that have sat vacant for a long time and
property owners do not want to bare cost to bring up to code. Mr. Delk said an
extended timeframe may discourage property owners from making major investments.
Discussion ensued with no consensus to implement a timeframe extension.
12.3 Communities Putting Prevention to Work - Mayor Hibbard
It was requested that the city submit a letter supporting Pinellas County’s federal grant
application to implement programs that help form healthy habits. There is no financial
obligation to the city.
Consensus was to provide a letter of support.
12.4 County Charter Review Committee
Staff was directed to submit the Mayor's name if a decision has not been made.
13. Other Council Action
13.1 Other Council Action
Councilmember George N. Cretekos expressed concern regarding work on ordinance to
allow rental on trail getting pushed back due new assignment hotel density.
It was stated the proposed ordinance is still on the December timeframe.
Councilmembers reported on events in which they recently participated and reviewed
upcoming events.
Council 2009-11-17 18
Adjourn
The meeting was adjourned at 9:12 p.m.
~y~
Mayor
City of Clearwater
Attest
Council 2009-11-17
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