06/03/2010CITY COUNCIL MEETING MINUTES
CITY OF CLEARWATER
June 3, 2010
Present: Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N.
Cretekos, Councilmember Paul Gibson, and Councilmember Bill Jonson.
Also Jill S. Silverboard - Assistant City Manager, Rod Irwin - Assistant City
present: 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 - Mayor Frank Hibbard
The meeting was called to order at 6:00 p.m. at City Hall.
2. Invocation - Mayor Frank Hibbard
3. Pledge of Allegiance - Mayor Frank Hibbard
4. Presentations - Given
4.1 Code Enforcement Officer's Aooreciation Week Proclamation - June 7-11. 2010.
4.2 Hurricane Awareness Month Proclamation - June 2010.
5. Approval of Minutes
5.1 Approve the minutes of the May 20, 2010 City Council Meeting as submitted in
written summation by the Citv Clerk.
Councilmember Bill Jonson moved to approve the minutes of the May 20, 2010 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.
Council 2010-06-03 1
Public Hearings - Not before 6:00 PM
7. Administrative Public Hearings
7.1 Approve the 2010 Affordable Housing Inventory List pursuant to requirements of
Chapter 166.0451, Florida Statutes, adopt Resolution 10-12 and authorize the
appropriate officials to execute same.
The 2006 Legislature amended Chapter 166, Florida Statutes, adding Section
166.0451 entitled "Disposition of municipal property for affordable housing." The
state statute includes that the governing body of each municipality must review
the proposed affordable housing inventory list at a public hearing, and may revise
the list at the conclusion of the hearing. Following the public hearing the local
governing body must adopt a resolution that includes an inventory list of such
property deemed appropriate for affordable housing development.
On February 21, 2008, the City Council adopted Resolution 08-01 establishing the
first 2008 Affordable Housing Inventory listing twenty-nine (29) parcels of City-
owned land appropriate for use as affordable housing. Upon further analysis and
due consideration, on November 5, 2009, the City Council adopted Resolution 09-
41 revising the first 2008 Affordable Housing Inventory to identify only two (2)
City-owned parcels of land appropriate for use as affordable housing. Subsequent
to the adoption of Resolution 09-41, the City has acquired no additional parcels of
land or further identified any others to which it has title as appropriate for use as
affordable housing.
Section (1) of the statutory amendment requires that every three years each
municipality prepare an inventory list of all real property within its jurisdiction to
which the municipality holds fee simple title that is appropriate for use as
affordable housing. Therefore, the 2010 Affordable Housing Inventory List
includes the address and legal description of each property, and specifies whether
the property is vacant or improved.
Councilmember George N. Cretekos moved to approve the 2010 Affordable Housing
Inventory List pursuant to requirements of Chapter 166.0451, Florida Statutes. The
motion was duly seconded and carried unanimously.
Resolution 10-12 was presented and read by title only. Councilmember Paul Gibson
moved to adopt Resolution 10-12. The motion was duly seconded and upon roll call the
vote was,
"Ayes": Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N.
Cretekos, Councilmember Paul Gibson and Councilmember Bill Jonson.
"Nays": None.
Council 2010-06-03 2
7.2 Approve the applicants request to vacate alleys and portions of the street rights-
of-way of Virginia Avenue, Eastwood Drive, Meadowlark Lane, Kentucky Avenue
and Bay Street (aka 110 North McMullen Booth Road)as more particularly
described in the ordinance and pass Ordinance 8169-10 on first reading,
(VAC2010-01 First Baptist Church of Clearwater, Inc.).
The applicant, First Baptist Church of Clearwater, Inc. and Calvary Baptist Church
is seeking the vacation in order to permit future expansion of church facilities on
the adjacent properties now owned by the Church.
The City presently owns and maintains sanitary sewer, storm sewer and potable
water utilities in the streets proposed to be vacated. The applicant will assume
ownership and maintenance responsibilities for a portion of the existing
sanitary and all of the storm sewers present in the streets proposed to be vacated.
The City will retain ownership of all unrestricted water mains via a 10-foot water
main easement and retain ownership of sanitary sewer lines in Meadow Lark
Lane and Virgina Avenue via a 15-foot sanitary sewer easement. Both
easements are to be retained pursuant to Ordinance 8169-10.Fire Department
access will be retained for all remaining structures on the applicant's properties
via the existing roadways until such time the property is redeveloped.
Bright House, Verizon, Progress Energy and Knology have no objections to the
vacation request. An objection letter has been received from the owner of an
adjoining property to the east, 150 McMullen Booth Road, expressing a concern
with the City's ability to operate and maintain sanitary sewers in certain street
portions proposed to be vacated and a concern with access to his property from
the west. The sanitary sewer will be maintained through the retention of a 15-foot
sanitary sewer easement. Access to 150 McMullen Booth Road is currently from
McMullen Booth Road on the east; no improved access from the west currently
exists.
The Engineering Department has no objections to the vacation request
provided the 10-foot water main and 15-foot sanitary sewer easements are
retained per Ordinance 8169-10.
In response to a question, the City Attorney said the Mayor did not need to recuse
himself.
Councilmember Bill Jonson moved to approve the applicants request to vacate alleys
and portions of the street rights-of-way of Virginia Avenue, Eastwood Drive, Meadowlark
Lane, Kentucky Avenue and Bay Street (aka 110 North McMullen Booth Road) as more
particularly described in the ordinance. The motion was duly seconded and carried
unanimously.
Council 2010-06-03 3
Ordinance 8169-10 was presented and read by title only. Vice Mayor John Doran
moved to pass Ordinance 8169-10 on first reading. The motion was duly seconded and
upon roll call the vote was,
"Ayes": Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N.
Cretekos, Councilmember Paul Gibson and Councilmember Bill Jonson.
"Nays": None.
8. Second Readings - Public Hearing
8.1 Continue to June 17, 2010 approval of the applicants request to vacate alleys
and portions of the street rights-of-ways of Virginia Avenue, Eastwood Drive,
Meadowlark Lane, Kentucky Avenue and Bay Street (aka 110 North McMullen
Booth Road)as more particularly described in the ordinance and pass Ordinance
8169-10 on second reading, (VAC2010-01 First Baptist Church of Clearwater,
Inc.).
Councilmember George N. Cretekos moved to continue Item 8.1 to June 17, 2010. The
motion was duly seconded and carried unanimously.
8.2 Adopt Ordinance No. 8157-10 on second reading, making amendments to Beach
By Design: A Preliminary Design for Clearwater Beach and Design Guidelines by
amending Section VII, Design Guidelines and Subsection D, Setbacks.
Ordinance 8157-10 was presented and read by title only. Councilmember Paul Gibson
moved to adopt Ordinance 8157-10 on second and final reading. The motion was duly
seconded and upon roll call the vote was:
"Ayes": Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N.
Cretekos, Councilmember Paul Gibson and Councilmember Bill Jonson.
"Nays": None.
8.3 Adopt Ordinance No. 8163-10 on second reading, annexing certain real property
whose post office address is 2552 Arbelia Street into the corporate limits of the
citv and redefinina the boundarv lines of the citv to include said addition
Ordinance 8163-10 was presented and read by title only. Councilmember Bill Jonson
moved to adopt Ordinance 8163-10 on second and final reading. The motion was duly
Council 2010-06-03 4
seconded and upon roll call the vote was:
"Ayes": Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N.
Cretekos, Councilmember Paul Gibson and Councilmember Bill Jonson.
"Nays": None.
8.4 Adopt Ordinance No. 8164-10 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 2552 Arbelia Street, upon
annexation into the City of Clearwater, as Residential/Office/Retail (R/O/R).
Ordinance 8164-10 was presented and read by title only. Vice Mayor John Doran
moved to adopt Ordinance 8164-10 on second and final reading. The motion was duly
seconded and upon roll call the vote was:
"Ayes": Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N.
Cretekos, Councilmember Paul Gibson and Councilmember Bill Jonson.
"Nays": None.
8.5 Adopt Ordinance No. 8165-10 on second reading, amending the Zoning Atlas of
the city by zoning certain real property whose post office address is 2552 Arbelia
Street, upon annexation into the City of Clearwater, as Medium Density
Residential (MDR).
Ordinance 8165-10 was presented and read by title only. Councilmember George N.
Cretekos moved to adopt Ordinance 8165-10 on second and final reading. The motion
was duly seconded and upon roll call the vote was,
"Ayes": Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N.
Cretekos, Councilmember Paul Gibson and Councilmember Bill Jonson.
"Nays": None.
8.6 Adopt Ordinance No. 8171-10 on second reading, annexing certain real property
whose post office address is 1335 and 1337 South Missouri Avenue, together with
the abutting right-of-way, into the corporate limits of the city and redefining the
boundarv lines of the citv to include said addition.
Council 2010-06-03 5
Ordinance 8171-10 was presented and read by title only. Councilmember Paul Gibson
moved to adopt Ordinance 8171-10 on second and final reading. The motion was duly
seconded and upon roll call the vote was:
"Ayes": Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N.
Cretekos, Councilmember Paul Gibson and Councilmember Bill Jonson.
"Nays": None.
8.7 Adopt Ordinance No. 8172-10 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 1335 and 1337 South Missouri
Avenue, together with the abutting right-of-way, as Commercial General (CG).
Ordinance 8172-10 was presented and read by title only. Councilmember Bill Jonson
moved to adopt Ordinance 8172-10 on second and final reading. The motion was duly
seconded and upon roll call the vote was:
"Ayes": Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N.
Cretekos, Councilmember Paul Gibson and Councilmember Bill Jonson.
"Nays": None.
8.8 Adopt Ordinance No. 8173-10 on second reading, amending the Zoning Atlas of
the city by zoning certain real property whose post office address is 1335 and
1337 South Missouri Avenue, together with the abutting right-of-way, as
Commercial (C).
Ordinance 8173-10 was presented and read by title only. Vice Mayor John Doran
moved to adopt Ordinance 8173-10 on second and final reading. The motion was duly
seconded and upon roll call the vote was:
"Ayes": Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N.
Cretekos, Councilmember Paul Gibson and Councilmember Bill Jonson.
"Nays": None.
City Manager Reports
Council 2010-06-03 6
9. Consent Agenda
9.1 Authorize the release of a Request for Proposals for the Development of an
Economic Development Strategic Plan for the City of Clearwater. (consent)
9.2 Aaarove an extension to the existina bankina services contract with the Bank of
America, NA for a not-to-exceed amount of $600,000 for the 5 year period from
October 1, 2010 to September 30, 2015 and authorize the appropriate officials to
execute same. (consent)
9.3 Approve $57,500.00 settlement of the liability claim of Maria and Scott Chambers
and authorize the aaaroariate officials to execute same. (consent)
9.4 Approve the Lease Agreement between the City and Powell Professional Center,
LLLP. for the saace desianated as Suite 240. located in the commercial buildina
known as the Powell Professional Center at 401 Corbett Street, Clearwater, for
use by the City as an onsite medical clinic at a cost not-to-exceed $137,000 for
the three year period beginning July 1, 2010 and ending June 30, 2013 and
authorize the appropriate officials to execute same.(consent)
9.5 Approve an agreement between the City of Clearwater and the Early Learning
Coalition of Pinellas County, from June 10, 2010 through August 23, 2010 to
arovide summer cama subsidies for children aaes five to eiaht vears old and
authorize the appropriate officials to execute same. (consent)
9.6 Approve the final plat for Stevens Creek Subdivision, located at the Southwest
corner of North Betty Lane and Sunset Point Road. (consent)
Vice Mayor John Doran moved to approve the Consent Agenda as submitted
and the appropriate officials be authorized to execute same. The motion was duly
seconded and carried unanimously.
Miscellaneous Reports and Items
10. City Manager Verbal Reports -None.
11. Closing Comments by Mayor
Mayor Frank Hibbard reviewed recent and upcoming events; thanked Captain Todd A.
Sokalzuk, U.S. Coast Guard Clearwater Air Station, for his service and welcomed Lt.
Commander Mark Turner; and reported that instead of full closure, CSX will partially
close Court and Chestnut during replacement of railroad ties.
Council 2010-06-03 7
12. Adiourn
The meeting was adjourned at 6:20 p.m.
Mayor
City of Clearwater
Attest
OF
lyF
Jerk
FrT x?
Council 2010-6-3