03/04/2010
CITY COUNCIL MEETING MINUTES
CITY OF CLEARWATER
March 4, 2010
Present: Mayor Frank Hibbard, 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.
Unapproved
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 - Pastor Willy Rice of Calvary Baptist Church
3. Pledge of Allegiance - Mayor Frank Hibbard
4. Presentations - Given
4.1 Girl Scout Week Proclamation - March 7-13, 2010
4.2 Clearwater Bombers Proclamation - March 13, 2010
5. Approval of Minutes
5.1 Approve the minutes of the February 18, 2010 City Council Meeting as submitted
in written summation by the City Clerk.
City Clerk Cyndie Goudeau noted statement under Item 4.2 should read, "Outgoing
Police Chief Sid Klein was recognized."
Councilmember Carlen Petersen moved to approve the minutes of the February 18,
2010 City Council Meeting as corrected. The motion was duly seconded and carried
unanimously.
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6. Citizens to be Heard re Items Not on the Agenda
Dru Jeanis said criminal charges against Herb Quintero were being dropped and asked
Vice Mayor Paul Gibson to elaborate on comments he made regarding a "back room."
Tommy Duff thanked Councilmember Carlen Petersen for her service on the Tourist
Development Council.
Eva Kunovska opposed parking garage on the beach.
Rick Wagoner said there was too much unity on the City Council and expressed
concerns with compensation packages of upper management.
Public Hearings - Not before 6:00 PM
7. Second Readings – Public Hearing
7.1 Adopt Ordinance No. 8132-10 on second reading, amending the Community
Development Code, Article 3, Development Standards, Section 3-601 to amend
side setback standards for commercial or multi-use docks on nonresidentially
zoned property adjacent to residentially zoned property.
Ordinance 8132-10 was presented and read by title only. Councilmember George N.
Cretekos moved to adopt Ordinance 8132-10 on second and final reading. The motion
was duly seconded and upon roll call the vote was:
"Ayes": Mayor Frank Hibbard, Vice Mayor Paul Gibson, Councilmember George N.
Cretekos, Councilmember John Doran, and Councilmember Carlen Petersen.
"Nays": None.
7.2 Adopt Ordinance No. 8135-10 on second reading, annexing certain real property
whose post office address is 1624 Stevenson’s Drive, together with the abutting
right-of-way, into the corporate limits of the city and redefining the boundary lines
of the city to include said addition.
Ordinance 8135-10 was presented and read by title only. Vice Mayor Paul Gibson
moved to adopt Ordinance 8135-10 on second and final reading. The motion was duly
seconded and upon roll call the vote was:
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"Ayes": Mayor Frank Hibbard, Vice Mayor Paul Gibson, Councilmember George N.
Cretekos, Councilmember John Doran, and Councilmember Carlen Petersen.
"Nays": None.
7.3 Adopt Ordinance No. 8136-10 on second reading, amending the future land use
element of the Comprehensive Plan of the city to designate the land use for
certain real property whose post office address is 1624 Stevenson’s Drive,
together with the abutting right-of-way, upon annexation into the City of
Clearwater, as Residential Low (RL).
Ordinance 8136-10 was presented and read by title only. Councilmember Carlen
Petersen moved to adopt Ordinance 8136-10 on second and final reading. The motion
was duly seconded and upon roll call the vote was:
"Ayes": Mayor Frank Hibbard, Vice Mayor Paul Gibson, Councilmember George N.
Cretekos, Councilmember John Doran, and Councilmember Carlen Petersen.
"Nays": None.
7.4 Adopt Ordinance No. 8137-10 on second reading, amending the Zoning Atlas of
the city by zoning certain real property whose post office address is 1624
Stevenson’s Drive, together with the abutting right-of-way, upon annexation into
the City of Clearwater, as Low Medium Density Residential (LMDR).
Ordinance 8137-10 was presented and read by title only. Councilmember John Doran
moved to adopt Ordinance 8137-10 on second and final reading. The motion was duly
seconded and upon roll call the vote was:
"Ayes": Mayor Frank Hibbard, Vice Mayor Paul Gibson, Councilmember George N.
Cretekos, Councilmember John Doran, and Councilmember Carlen Petersen.
"Nays": None.
7.5 Adopt Ordinance No. 8138-10 on second reading, annexing certain real property
whose post office address is 2170 Catalina Drive South, into the corporate limits
of the city and redefining the boundary lines of the city to include said addition.
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Ordinance 8138-10 was presented and read by title only. Councilmember George N.
Cretekos moved to adopt Ordinance 8138-10 on second and final reading. The motion
was duly seconded and upon roll call the vote was:
"Ayes": Mayor Frank Hibbard, Vice Mayor Paul Gibson, Councilmember George N.
Cretekos, Councilmember John Doran, and Councilmember Carlen Petersen.
"Nays": None.
7.6 Adopt Ordinance No. 8139-10 on second reading, amending the future land use
element of the Comprehensive Plan of the city to designate the land use for
certain real property whose post office address is 2170 Catalina Drive South upon
annexation into the City of Clearwater, as Residential Urban (RU).
Ordinance 8139-10 was presented and read by title only. Vice Mayor Paul Gibson
moved to adopt Ordinance 8139-10 on second and final reading. The motion was duly
seconded and upon roll call the vote was:
"Ayes": Mayor Frank Hibbard, Vice Mayor Paul Gibson, Councilmember George N.
Cretekos, Councilmember John Doran, and Councilmember Carlen Petersen.
"Nays": None.
7.7 Adopt Ordinance No. 8140-10 on second reading, amending the Zoning Atlas of
the city by zoning certain real property whose post office address is 2170 Catalina
Drive South, upon annexation into the City of Clearwater, as Low Medium Density
Residential (LMDR).
Ordinance 8140-10 was presented and read by title only. Councilmember Carlen
Petersen moved to adopt Ordinance 8140-10 on second and final reading. The motion
was duly seconded and upon roll call the vote was:
"Ayes": Mayor Frank Hibbard, Vice Mayor Paul Gibson, Councilmember George N.
Cretekos, Councilmember John Doran, and Councilmember Carlen Petersen.
"Nays": None.
7.8 Adopt Ordinance No. 8145-10 on second reading, vacating, with conditions, the
east 35 feet of the 70 foot South Gulfview Boulevard right-of-way contained
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between the westerly extension of the north property line of Lot 60, Lloyd-White-
Skinner Subdivision and the westerly extension of the south property line of Lot
62, Lloyd-White-Skinner Subdivision.
Ordinance 8145-10 was presented and read by title only. Councilmember John Doran
moved to adopt Ordinance 8145-10 on second and final reading. The motion was duly
seconded and upon roll call the vote was:
"Ayes": Mayor Frank Hibbard, Vice Mayor Paul Gibson, Councilmember George N.
Cretekos, Councilmember John Doran, and Councilmember Carlen Petersen.
"Nays": None.
City Manager Reports
8. Consent Agenda
8.1 Declare the list of furniture, fixtures and equipment from the Harborview Center
surplus to the needs of the City, authorize disposal through in-house auction by
Tampa Machinery Auction, Tampa, Florida, establish an expenditure budget in the
amount of $5,000 for presale advertising and other expenses related to the sale
and authorize the appropriate officials to execute same. (consent)
8.2 Approve extension of agreements for contractual services related to Clearwater’s
Human Trafficking Immersion Training Project to August 31, 2010, the revised
end date of the grant and authorize the appropriate officials to execute same.
(consent)
8.3 Approve Change Order 1 of the Bayfront Uplands Improvement Project to
Caladesi Construction Co in the amount of $127,680 for a total contract amount of
$642,994.57 and authorize the appropriate officials to execute same. (consent)
8.4 Approve a Work Order to Engineer of Record (EOR) Cardno TBE of Clearwater,
Florida, for the Geographic Information System (GIS) and Enterprise Asset
Management (EAM) Services Sign Inventory project (10-0006-EN)in the amount
of $185,421.36 and authorize the appropriate officials to execute same. (consent)
8.5 Award contract (purchase order) in the amount of $395,015.60 for conversion of
City records into the Laserfiche Electronic Document Management System to
Advanced Data Solutions, Inc., Oldsmar, Florida, in accordance with Section
2.564(1)(d) Code of Ordinances, Florida State Contract 973-561-010-1 and
authorize the appropriate officials to execute same. (consent)
8.6 Appoint Donald Van Weezel to complete a term expiring October 31, 2011, on the
Municipal Code Enforcement Board. (consent)
8.7 Approve a $378,000 settlement of the case of City of Clearwater v. Florida Power
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Corporation, and Florida Power Corporation d/b/a Progress Energy Florida, Case
08-18004-CI-07, Pinellas County Circuit Court and claims for costs and expenses
incurred by the City in the Cleveland Street and Coronado Drive Projects and
authorize the appropriate officials to execute same. (consent)
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.
9. Other Items on City Manager Reports
9.1 Authorize the full redemption of $12,785,000 outstanding City of Clearwater,
Florida, Improvement Revenue Bonds, Series 2008, authorize transferring $3.9
million from General Fund reserves to provide the additional funds needed to
redeem this debt and adopt Resolution 10-04.
On August 12, 2008 the City issued $12.9 million in 20 year, tax-exempt bonds at
4.66% interest to Branch Banking and Trust Company (BBT). The average annual
debt service payments are just over $1,000,000. The debt markets at that time
were experiencing considerable turmoil and there was concern that issuing debt
at a later date would be at significantly higher rates or not available at all.
$3.75 million of the bond proceeds were used to finance a portion of the Beach
Walk project. The balance was intended to finance a portion of the Downtown
Boat Slip project. Subsequently, on February 19, 2009, the Council decided to
fund the Downtown Boat Slips from current funds available. The bond proceeds of
approximately $8.2 million were then redirected to provide financing for a beach
parking garage. Now that the parking garage will be privately financed and there
is not an appropriate project needing financing, it is appropriate to redeem these
bonds at this time.
Raymond James has negotiated with BBT to allow the City to repay the
outstanding principal balance of $12,785,000 on March 30, 2010 with the payment
of a 1% prepayment penalty. The original terms of the loan only allowed full
prepayment (with a 1% penalty) on interest payment dates (2/1 or 8/1).
The total cash required to redeem these bonds on 3/30/10 is approximately
$13,008,000 ($12,785,000 principal, $95,000 interest, and $128,000 prepayment
penalty). Cash available in the bond construction fund (362) and debt service
funds (220 & 221) will be approximately $9,187,000. The balance of cash needed
in the amount of approximately $3.821 million is available in General Fund
reserves, which has approximately $21.1 million in reserves. The $21.1 million in
reserves is approximately $11.3 million above the required 8.5% ($9.8 million) of
adopted 2010 budget.
Staff is requesting that $3.9 million be transferred from General Fund reserves to
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the General Fund Non Departmental cost center (07000) to provide for transfers
to the Debt Service Funds 220 and 221 to provide funds for this redemption. Any
funds remaining after redeeming the bonds will be returned to the General Fund
at year end.
The total interest cost that will be saved over the remaining life of the original 20
year term is $6.525 million.
BBT has also agreed to a partial redemption with a 2% prepayment penalty
should the Council wish to only redeem the boat slip portion of the loan.
Councilmember George N. Cretekos moved to authorize the full redemption of
$12,785,000 outstanding City of Clearwater, Florida, Improvement Revenue Bonds,
Series 2008, and transferring $3.9 million from General Fund reserves to provide the
additional funds needed to redeem this debt. The motion was duly seconded and
carried unanimously.
Resolution 10-04 was presented and read by title only. Vice Mayor Paul Gibson moved
to adopt Resolution 10-04. The motion was duly seconded and upon roll call the vote
was:
"Ayes": Mayor Frank Hibbard, Vice Mayor Paul Gibson, Councilmember George N.
Cretekos, Councilmember John Doran, and Councilmember Carlen Petersen.
"Nays": None.
9.2 Confirm staff recommendation that no action be taken at this time regarding
various parking issues in the 700 and 800 blocks of Eldorado Avenue and to
continue enforcement of on-street parking regulations on a complaint basis.
In mid-2009 the City received a complaint that residents on Eldorado were parking
their cars across and blocking the sidewalk. Complaints were also received and
reviewed with the Clearwater Beach Association as to parking over the sidewalk
and related on-street parking issues along and in the vicinity of Eldorado Avenue.
Parking over a public sidewalk is a violation of both Florida Statute and City
Code. Clearwater Police have been enforcing the violation on a complaint basis,
not only along El Dorado and within north beach, but throughout the City.
During the summer of 2009 Public Communications conducted a survey of
Eldorado property owners as to various parking issues and sought their input as
to options for on-street parking. The City held a public meeting with the residents
in October 2009 to share the survey results and determine the extent of illegal
parking over the sidewalk and to present possible solutions. Solutions ruled out
were: not enforcing the code; making Eldorado one way to allow more on street
parking; relocating the sidewalk to the back of curb; and complete removal of the
sidewalk.
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After evaluation of the comments received at the October meeting a follow-up
meeting was held with the residents in January 2010. The consensus taken from
the participants at the meeting was that the extent of the problem has been
overblown and a vast majority of the residents recommended leaving the situation
status quo. The only alternate option considered that had any neighborhood
support was to allow parking by resident permit only on the west side of the street
and restrict on-street parking totally on the east side. This alternative is not
recommended for the following reasons:
Would have to be implemented through an ordinance.
Would require decisions on how many permits to give out and that number
likely would exceed the number of parking spaces available on the west side.
We would still post no parking designations for beach access points on the
west side.
This alternative would serve to push beach goers to other streets for parking.
Most of the comments from the residents of Eldorado Avenue were to leave the
parking regulations as is.
With input from the property owners and residents, there has been an extensive
review of the physical conditions along Eldorado that include existing, signed no
parking areas along both the west and east sides of the street. These existing
restrictions work in conjunction with the narrow street configuration to limit the
amount of illegal parking that occurs. The built environment, particularly on the
west side of the street limits compliant parking off of the right-of-way.
The original complaints occurred during times of private parties at both legal
nonconforming short-term rental properties as well as non-short-term rental
properties. There have been no formal complaints to the Clearwater Police
Department since summer of 2009. It is felt that staff can work with the few
affected residents to minimize their problems by evaluating current no parking
designations and identify possible alternative parking arrangements on their
property.
It was stated that the recommendation will not make everyone happy but those residing
on the street want policy to remain status quo.
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Councilmember Carlen Petersen moved to confirm staff recommendation that no action
be taken at this time regarding various parking issues in the 700 and 800 blocks of
Eldorado Avenue and to continue enforcement of on-street parking regulations on a
complaint basis. The motion was duly seconded and carried unanimously.
Miscellaneous Reports and Items
10. City Manager Verbal Reports - None.
11. Other Council Action
11.1 Other Council Action
Councilmember John Doran requested a letter of support be submitted for Courtney
Campbell Scenic Highway Corridor Advisory Committee's National Scenic Byways
Program grant application for a multi use trail from Rocky Point Drive to east of Bridge
064.
Consensus was to submit a letter of support.
Councilmember George N. Cretekos said deadline to provide comments on the
Environmental Protection Agency’s draft Numeric Nutrient Criteria was extended for 30
days.
Mayor Frank Hibbard reviewed upcoming events and thanked Councilmember Carlen
Petersen for everything she has done.
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Adiourn
The meeting was adjourned at 6:41 p.m.
Attest
Council 2010-3-4
Mayor
City of Clearwater
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