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01/13/2011 CITY COUNCIL MEETING MINUTES CITY OF CLEARWATER January 13, 2011 Present: Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N. Cretekos, Councilmember Paul Gibson, and Councilmember Bill Jonson. Also William B. Horne - City Manager, Jill S. Silverboard - Assistant City Manager, present: Rod Irwin - Assistant City Manager, Pamela K. Akin - City Attorney, Rosemarie Call - City Clerk, and Patricia O. Sullivan - Board Reporter. 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 at 6:00 p.m. at City Hall. 2. Invocation - Rev. Glad McCurtain from St. John’s Episcopal Church 3. Pledge of Allegiance - Mayor Frank Hibbard 4. Presentations - Given 4.1 Service Awards One service award was presented to a city employee. The January 2011 Employee of the Month award was presented to Charles Lawrence, Solid Waste/General Services. 4.2 Bottlenose Productions / Alcon Entertainment - Jim Bigham Jim Bigham of Bottlenose Productions/Alcon Entertainment thanked the city and staff for their support in the filming of "Dolphin Tale." Council 2011-01-13 1 4.3 Adopt a Street Awards Appreciation was expressed and plaques were presented to: Frank and Diane Ingram; Elmer Luoma, representing Countryside Kiwanis; Lilly Hart and Doug Walchli, representing TJ Maxx Store 235; Judy Betourne and Magge Barber with Those Two Girls Estate Sales; and Kay Skelton, representing Kiwanis Club of Springtime City. Philip and Nancy Currey were not present and will receive their award later. 5. Approval of Minutes 5.1 Approve the minutes of the December 16 , 2010 City Council Meeting as submitted in written summation by the City Clerk. Councilmember Bill Jonson moved to approve the minutes of the December 16, 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 Tom Nocera said the federal government is reducing permitted fluoride levels and requested to meet with a Councilmember regarding the dangers associated with public water fluoridation. Blaine Enderle requested the City to amend its reclaimed water fee structure to treat all residents equally. Scott Bitman said he and his architect met with staff regarding allowable uses at his business location and that city rules and regulations are unjust. Jay Keyes invited residents to attend next week's roast of Anne Garris at the Sheraton Sand Key. Public Hearings - Not before 6:00 PM 7 - Administrative Public Hearings 7.1 Approve a Development Agreement between Sea Captain, a Florida General Partnership (the property owner) and the City of Clearwater, providing for the allocation of 53 units from the Hotel Density Reserve established in Beach by Design, adopt Resolution 11-01, and authorize the appropriate officials to execute same. The total 0.829-acre parcel is located on the north side of Devon Drive, approximately 150 feet east of Coronado Drive. Council 2011-01-13 2 The majority of the subject property (0.659 acre) is zoned Tourist (T) District, but the eastern portion (0.17 acre) of the subject property north of the adjacent detached dwelling at 94 Devon Drive is zoned Low Medium Density Residential (LMDR) District and is not part of Beach by Design. The subject site has approximately 175 feet of frontage along Devon Drive. The subject property is currently developed with a 27-room motel. The proposal is for an overnight accommodation use (hotel) of 85 rooms (128.98 rooms/acre on the acreage zoned Tourist (T) District, including the allocation of 53 units from the Hotel Density Reserve), approximately 7,986 square feet of accessory uses to the hotel and a height of 75.25 feet (to top of roof deck). The proposed hotel and its accessory uses are located solely within the area zoned Tourist (T) District (only the retention area is located with the area zoned Low Medium Density Residential [LMDR] District) and the calculations for density and impervious surface ratio are based upon only the land area zoned Tourist (T) District. On December 21, 2010, the Community Development Board (CDB) approved with 18 conditions of approval a Flexible Development application for the construction of an 85-room hotel with associated amenities (FLD2010-08004). The proposal is in compliance with the standards for development agreements, is consistent with the Comprehensive Plan and furthers the vision of beach redevelopment set forth in Beach by Design. The proposed Development Agreement will be in effect for a period not to exceed ten (10) years, meets the criteria for the allocation of units from the Hotel Density Reserve under Beach by Design and includes the following main provisions: Provides for the allocation of 53 units from the Hotel Density Reserve; Requires the developer to obtain building permits and certificates of occupancy in accordance with Community Development Code (CDC) Section 4-407; Requires the return of any hotel unit obtained from the Hotel Density Reserve that is not constructed; For units allocated from the Hotel Density Reserve, prohibits the conversion of any hotel unit to a residential use and requires the recording of a covenant restricting use of such hotel units to overnight accommodation usage; and Requires a legally enforceable mandatory evacuation/closure covenant that the hotel will be closed as soon as practicable after a hurricane watch that includes Council 2011-01-13 3 Clearwater Beach is posted by the National Hurricane Center. The Community Development Board reviewed this Development Agreement application at its public hearing on December 21, 2010, and unanimously recommended approval of the application (DVA2010-08001). The City Attorney said the amendment to page 3 of the Development Agreement adds omitted language included in the agenda item regarding approximately 7,986 square-feet of accessory uses. Planning Director Michael Delk said the site plan indicates less than 10% of the building will be used for accessory uses. In response to questions, applicant representative Steve Fowler said the seawall would be rebuilt; any damage caused to neighboring seawalls during this construction will be repaired. The owner determined that 85 rooms would be sufficient as the property attracts extended stays and anticipated maximum staffing of eight. The building’s design features a mural on the south façade; a City advisory board will approve the art. Mr. Fowler said accessory uses are for hotel guests and include a fitness center, meeting rooms, banquet facility for small receptions, and a sun deck. In response to questions, property owner Donald Eifert said he plans to operate the hotel. He said financing the project is in the talking stage. Three residents spoke in support of the development agreement. Concern was expressed that Beach by Design and Hotel Density Reserve requirements for traffic studies need to be consistent. Mr. Delk said Hotel Density Reserve development limits were based on exhaustive area traffic studies that analyzed mainland access and determined capacities and LOS (Levels of Service). Councilmember Cretekos moved to amend Item 7.1 to prohibit outdoor music or amplified sound after 11:00 p.m. on Sundays through Thursdays and after 12:00 midnight on Fridays and Saturdays. The motion was duly seconded. Mr. Fowler said the property owner agreed to the condition. Upon the vote being taken, the motion carried unanimously. Councilmember George N. Cretekos moved to approve Item 7.1 as amended. The motion was duly seconded and carried unanimously. Resolution 11-01 was presented as amended and read by title only. Councilmember Paul Gibson moved to adopt Resolution 11-01 as amended. Council 2011-01-13 4 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 Adopt Ordinance 8225-10 on second reading, vacating the entire alley lying within Block 1 of E.P. Meritt's Addition. Ordinance 8225-10 was presented and read by title only. Councilmember Bill Jonson moved to adopt Ordinance 8225-10 on second and final reading. The motion was duly seconded. Two individuals spoke in opposition. It was requested that staff determine if this action obstructs access to neighboring properties. The motion to adopt was withdrawn. Councilmember Paul Gibson moved to continue Item 8.1 to February 3, 2011. The motion was duly seconded and carried unanimously. 8.2 Adopt Ordinance 8226-11 on second reading, amending Chapter 22, Code of Ordinances, to allow for the sale, consumption or possession of alcoholic beverages on park property when permitted pursuant to an alcoholic beverage special events permit; in the downtown Cleveland Street area, and the possession and consumption of alcoholic beverages, but not the sale, in other limited special event areas. Ordinance 8226-11 was presented and read by title only. Councilmember Bill Jonson moved to adopt Ordinance 8226-11 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. Council 2011-01-13 5 8.3 Adopt Ordinance 8228-10 on second reading, annexing certain real property whose post office address is 1605 Sherwood Street into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Ordinance 8228-10 was presented and read by title only. Vice Mayor John Doran moved to adopt Ordinance 8228-10 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. 8.4 Adopt Ordinance 8229-10 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to change the land use designation for certain real property whose post office address is 1605 Sherwood Street, upon annexation into the City of Clearwater, as Residential Urban (RU). Ordinance 8229-10 was presented and read by title only. Councilmember George N. Cretekos moved to adopt Ordinance 8229-10 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 8230-10 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1605 Sherwood Street, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). Ordinance 8230-10 was presented and read by title only. Councilmember Paul Gibson moved to adopt Ordinance 8230-10 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. Council 2011-01-13 6 City Manager Reports 9. Consent Agenda 9.1 Declare list of vehicles and equipment surplus to the needs of the City, authorize disposal through sale to the highest bidder at the Tampa Machinery Auction, Tampa, Florida, and authorize the appropriate officials to execute same. (consent) 9.2 Approve the Award of Bid 05-11 (Installation of Gas Mains, Service Lines and House Piping at Various Locations) in the total amount of $1,048,550, approve a Purchase Order in the amount of $939,050 for the installation of gas mains and service lines at various locations to Florida Gas and Electric Corporation for the period February 1, 2011 to January 31, 2012, and authorize the appropriate officials to execute same. (consent) 9.3 Approve Supplemental Agreement 5, in the amount of $368,050, and Supplemental Agreement 6, in the amount of $53,390, with Arcadis U.S., Inc. for the treatment of contaminated soils located at the Former Manufactured Gas Plant site and authorize the appropriate officials to execute same. (consent) 9.4 Approve amendment to lease agreement with Matt Loder, owner of Clearwater Beach Seafood, Inc., d/b/a Crabby Bills, adding four years to the term of the agreement in exchange for upgrades and modifications to the premises, with substantial completion of such upgrades and modifications by August 1, 2011 and a certificate of occupancy issued or a final inspection conducted (whichever is applicable) no later than one year from the execution date of this amendment; otherwise, the extension will be void; and authorize the appropriate officials to execute same. (consent) 9.5 Authorize establishing Capital Improvement Project 315-94854, Multi Plane Hangars, to construct new multi plane hangar(s) at the Clearwater Airpark. (consent) 9.6 Approve a memorandum of agreement between the Pinellas County Health Department (PCHD) and City of Clearwater, from February 1, 2011 to June 30, 2011, to provide funding and staff for various health department initiatives sponsored by a federal grant entitled Communities Putting Prevention To Work (CPPW); establish a new Special Program (181-99869) entitled Prevention and Public Heath PCHD, for an amount not to exceed $35,185 for the period of this agreement; approve the addition of one full-time specialist position to be funded by PCHD; authorize the City Manager or his designee to extend the agreement for an additional 15 months from July 1, 2011 to September 29, 2012; and authorize the appropriate officials to execute same. (consent) 9.7 Re-appoint C. William Renfroe to the Board of Trustees, Clearwater Police Supplementary Pension Fund, with a term expiring February 1, 2013. (consent) 9.8 Award a contract (Purchase Order) to Rush Truck Center of Tampa, FL for one Peterbilt Model 320 with Labrie 29 Yard Automated Side Loader and Compressed Natural Gas Engine, in the amount of $259,112.00, in accordance with Sec. 2.56(1)(d), Code of Ordinances - Other governmental bid; authorize lease Council 2011-01-13 7 purchase under the city’s Master Lease Purchase Agreement and authorize the appropriate officials to execute same. (consent) 9.9 Approve Consent Order Agreement (OGC File 10-2683) with the Florida Department of Environmental Protection (FDEP) with a maximum settlement fee of $42,940, for the Marshall Street Advanced Wastewater Treatment Facility (AWWTF), and authorize the appropriate officials to execute the same. (consent) 9.10 Award a contract to R. Cobb Construction Company, Inc., of Clearwater, FL, in the amount of $119,083.14, which is the lowest responsive bid in accordance with the plans and specifications, for the construction of the 2401 Drew Street Storm Drainage Improvements Project; and authorize the appropriate officials to execute same. (consent) 9.11 Award a contract to Clark Hunt Construction of Clearwater, FL, in the amount of $147,096.15, which is the lowest responsive bid, for removal and replacement of approximately 185 linear feet of 54-inch reinforced concrete pipe, proposed headwalls and 208 linear feet of 8-inch sanitary sewer, and authorize the appropriate officials to execute same. (consent) 9.12 Award a contract for Lift Stations 26 and 74 Rehabilitation Project (08-0050-UT) to TLC Diversified, Incorporated of Palmetto, Florida in the amount of $414,942.00, which is the lowest responsive bid received in accordance with plans and specifications, and authorize the appropriate officials to execute same. (consent) 9.13 Ratify and Confirm Change Order 6 and Final to Caladesi Construction Company of Largo, FL, for the Lake Bellevue Branch 6A Stormwater Management Project (03-0030-EN) in the amount of $128,153.16 and add 107 days to the contract. (consent) 9.14 Reappoint Tim Trager to the Marine Advisory Board with term to expire March 31, 2015. 9.15 Approve a settlement agreement settling the case of Pierce 100, Inc., et al. v. City of Clearwater, Case 07-013950-CI-15. (consent) Vice Mayor 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. 10. Other Items on City Manager Reports 10.1 Approve a Highway Landscape Reimbursement and Maintenance Memorandum of Agreement for Multiyear Citywide Rehabilitation with the Florida Department of Transportation, District Seven, for aesthetic improvements to portions of various State Roads within the city limits of Clearwater, adopt Resolution 10-29 and authorize the appropriate officials to execute same. The City of Clearwater desires to improve, beautify and rehabilitate portions of Council 2011-01-13 8 various right-of-way areas of the following State Roads, within the City of Clearwater: SR 651, Court Street Median SR 595, North Fort Harrison Avenue SR 60, Gulf to Bay Boulevard/Courtney Campbell Causeway SR 60, Pierce Boulevard SR 60, Court Street Triangle SR 55, US 19 and SR 60 SR 55, US 19 and Drew Street SR 60, Memorial Causeway The above referenced areas have been landscaped and maintained by the City under previously approved Agreements with FDOT (Florida Department of Transportation). Under FP 429468-2-58-0, FDOT has allocated funds for fiscal years 2011 through 2014 for such improvements. FDOT is authorized pursuant to Section 334.0444, Florida Statues, to reimburse the City for eligible expenditures. The maximum reimbursement for landscape of the referenced projects will be $100,000.00 per year based on availability of funding. Upon installation of said improvements, the City will agree to maintain those improvements in accordance with the provisions of the Agreement. The revitalization and landscape enhancements in these highly visible roadways will leave a positive impression on visitors and residents alike. Parks and Recreation has reviewed this agreement and determined that no additional maintenance costs will be incurred as they already maintain these areas and the new plant materials will have low maintenance requirements. Councilmember Bill Jonson moved to approve a Highway Landscape Reimbursement and Maintenance Memorandum of Agreement for Multiyear Citywide Rehabilitation with the Florida Department of Transportation, District Seven, for aesthetic improvements to portions of various State Roads within the city limits of Clearwater. The motion was duly seconded and carried unanimously. Resolution 10-29 was presented and read by title only. Vice Mayor John Doran moved to adopt Resolution 10-29. 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 2011-01-13 9 10.2 Appoint one member to the Library Advisory Board to fill the remainder of unexpired term until February 28, 2013. Councilmember Jonson moved to appoint Kim Kenda. The motion was duly seconded. Councilmember Jonson voted “Aye”; Councilmembers Doran, Gibson, and Cretekos and Mayor Hibbard voted “Nay.” Motion failed. Councilmember Cretekos moved to appoint Barbara Ann Murphey. The motion was duly seconded and carried unanimously. 10.3 Provide direction to and appoint the Charter Review Committee. The City Charter requires a Charter Review Committee be appointed at least every five years, appointments to be made in January preceding an election. The Charter also requires there be at least 10 members, all of whom must be Clearwater residents. At the time of appointment, the Council provides direction to the Committee regarding items the Council would like the committee to consider. Discussion ensued with a recommendation that the committee enforce attendance requirements. In response to a concern that expense stipends are taxable, it was noted that processing expense reports is time consuming. In response to a concern that the Coachman Park bandstand may need to be relocated, the City Attorney will report on the City’s ability to move the bandstand after the Harborview Center is razed. The City Council directed the Charter Review Committee to review all Charter restrictions for relevancy and to consider providing expense stipends to Councilmembers, expanding the requirement to live in the City to Assistant City Managers, Police Chief, and Fire Chief, increasing time between Charter Reviews, and extending term limits to 3 terms. Consensus was to appoint Norma R. Carlough, Chester “Bud” Elias, Nicholas Fritsch, Jack J. Geller, Cyndie Goudeau, Keith W. Protonentis, Ana S. Tuzzo, Donald van Weezel, Stan Vittetoe, Howard Warshauer, Sarah Weber, Douglas J. Williams, and Olin Wright. Council 2011-01-13 10 Miscellaneous Reports and Items 11. City Manager Verbal Reports 11.1 Provide direction regarding the Clearwater Marine Aquarium (CMA) request to subordinate the City’s reverter interest in a portion of the CMA property to $8.6 million bond financing and modify the existing reverter provision to reflect same. The Clearwater Marine Aquarium (CMA) submitted a letter to the city manager requesting Council approval of a subordination agreement in favor of BB&T as mortgage lender to CMA. The letter and exhibits are attached. At the October 21, 2010 Council meeting the CMA requested modification to the city reverter, which would allow the CMA to mortgage the portion of the property on which the city has a reverter in an amount not to exceed $1,500,000. Council approved that request. Subsequently, as a result of negotiations between CMA and BB&T, BB&T is requesting that the city agree to subordinate its reverter interest to up to $8.6 million dollar loan. The subordination agreement is not yet drafted and would be subject to negotiation. If Council approves the concept, the Agreement and an amendment to the reverter would be brought back to Council for approval. The subordination Agreement would provide, among other things that: The City Council approve the subordination of its reverter rights applicable to Parcel 1 to BB&T mortgage of $8,600,000. In return for the City’s subordination, BB&T will provide the City with the right of first refusal to acquire its first mortgage position and/or title, if applicable, to Parcels 1, 2 and 3, should the City elect to exercise its reverter rights by paying off the existing indebtedness in the event of the Aquarium’s default or demise. In addition, the subordination agreement will include provisions preventing additional loans secured by these parcels and will include prohibitions on the replenishment of the debt as the outstanding balance is paid down, absent City approval. (The $8,600,000 loan is at a 1.79% interest rate, twenty-year amortization, with a ten-year balloon). The City will have no obligation to purchase the mortgage, nor is the City guaranteeing any debt. Should the Aquarium fail and/or default on the outstanding indebtedness, and BB&T pursues its mortgage rights, the City would have the option to either obtain control of the entire CMA campus (all Parcels) in return for payment of the then existing debt balance, or waive this option, with BB&T then able to proceed with foreclosure on the Parcels. Council 2011-01-13 11 It is important to note that the project as contemplated by CMA has not yet been through the development review process. They contemplate submitting an application by the February 1 deadline for the community development Board meeting in April. The City Attorney said if directed, staff would negotiate a modification to the reverter provision. The change will not obligate future City Councils to spend money, but will provide the City the opportunity to pay off the remaining loan should the aquarium default. Nathan Hightower, representing CMA (Clearwater Marine Aquarium), urged approval. He hoped such a default would never occur. Discussion ensued with comments that the City Council does not want to consider any additional CMA requests, the City is betting on the success of the aquarium and movie, and the aquarium cannot meet visitor expectations without expansion. Councilmember George N. Cretekos moved to direct staff to negotiate modification to the agreement between the City and CMA to subordinate the City’s reverter interest in a portion of the CMA property to $8.6 million bond financing and modify the existing reverter provision to reflect same. The motion was duly seconded and carried unanimously. 12. Other Council Action 12.1 Improvements at the intersection of McMullen Booth Rd. and Drew St. - Councilmember Gibson In response to questions, Traffic Operations Manager Paul Bertels said the Drew Street/ Bayshore Boulevard intersection works well and can handle additional traffic should the County close eastbound Drew Street at McMullen-Booth Road. The County has determined its project will improve traffic flow on McMullen-Booth Road: 1) add southbound right turn lane from McMullen-Booth Road onto Drew Street; 2) provide two left turn lanes off northbound McMullen-Booth Road onto Drew Street; and 3) add third eastbound left turn lane to Drew Street onto northbound McMullen-Booth Road. The northern crosswalk across McMullen-Booth Road will be removed and pedestrians directed to the nearby overpass. He recommended the County evaluate improvements after these phases are completed before blocking westbound Drew Street traffic. If improvements are inadequate, it would not be difficult to reconfigure the intersection. McMullen-Booth Road always will experience problems during certain times. Upgrades to the McMullen-Booth Road/ SR 590 intersection are complete and work well. Ten individuals spoke in opposition to blocking westbound Drew Street traffic. Council 2011-01-13 12 Discussion ensued with support expressed for phasing in intersection changes before Drew Street is blocked. Councilmember Doran moved for the City Manager to submit a letter to the Pinellas County Board of County Commissioners recommending that intersection changes be done in phases. The motion was duly seconded. It was recommended that the letter come from the City Council. Concern was expressed that few residents are aware of these County plans. Councilmember Doran withdrew his motion. The seconder agreed. Councilmember Cretekos moved for staff to draft a letter to the Pinellas County Board of County Commissioners for the Mayor’s signature recommending that changes to the Drew Street / McMullen-Booth Road intersection be done in phases. The motion was duly seconded and carried unanimously. The City Council recessed from 8:06 to 8:14 p.m. 12.2 Pinellas Safe Harbor In response to a question, Police Chief Tony Holloway said forfeiture funds can only be used one time for this purpose. The Police Department also pays for Student Resource Officers from this fund. Councilmember Bill Jonson moved to direct staff to use $50,000 in forfeiture funds for Pinellas Safe Harbor. The motion was duly seconded and carried unanimously. 12.3 Renaming of Boat Slips Marine and Aviation Director Bill Morris said the first word in the name should be easy to search on line and reviewed some suggestions. Discussion ensued with comments that few boaters know the boat slips are downtown. It was felt the boat slips can be referred to as a marina as the beach fuel dock is nearby. Councilmember George N. Cretekos moved to rename the Downtown Boat Slips to Moorings at Clearwater Harbor. The motion failed for lack of second. Council 2011-01-13 13 Councilmember Paul Gibson moved to rename the Downtown Boat Slips to Clearwater Harbor Marina. The motion was duly seconded. Concern was expressed that the name is boring. It was suggested the name mention Coachman Park. Upon the vote being taken, the motion carried unanimously. 12. Closing Comments by Mayor Mayor Frank Hibbard said the tragedy in Arizona reminds all to voice opinions sensibly and quietly. 13. Adjourn The meeting was adjourned at 8:47 p.m. Mayor City of Clearwater Attest City Clerk Too- --- Council 2011-01-13 14