02/03/2011
CITY COUNCIL MEETING MINUTES
CITY OF CLEARWATER
February 3, 2011
Present: Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N.
Cretekos, Councilmember Paul Gibson, and Councilmember Bill Jonson.
Also William B. Horne II - City Manager, Rod Irwin - Assistant City Manager,
present: 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 order at 6:01 p.m. at City Hall.
2. Invocation - Rabbi Schmuel Reich , The Jewish Enrichment Center - Chabad
3. Pledge of Allegiance - Mayor Frank Hibbard
4. Presentations - Given.
4.1 Poppy Day Proclamation, February 12, 2011 - Gigi Janesik, American Legion
Auxiliary
4.2 Festival of Trees Mayors Challenge Award - Joan Bates, Festival of Trees Co-
Chair; Dowell Bates, Festival of Trees Co-Chair; Cathy Holland, UPARC
Foundation Executive Director.
Ms. Holland thanked the City for its support and presented the Mayor with a
plaque.
4.3 Outback Bowl - Chuck Riggs, Outback Bowl Board Member
Mr. Riggs thanked the City and staff for their efforts and continued support.
4.4 Coast Guard City Designation - Kathleen Peters, Clearwater Regional Chamber of
Commerce
Ms. Peters reviewed the Coast Guard City designation process and reported that
the application for the Clearwater designation has been submitted. She thanked
Council 2011-02-03 1
the city and staff for their support and efforts.
5. Approval of Minutes
5.1 Approve the minutes of the January 13, 2011 City Council Meeting as submitted
in written summation by the City Clerk.
Vice Mayor John Doran moved to approve the minutes of the January 13, 2011 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
Joe Paige discussed a newspaper article regarding recent red-winged black bird deaths
in other states.
Public Hearings - Not before 6:00 PM
7. Administrative Public Hearings
7.1 Approve the annexation, initial Future Land Use Map designation of Residential
Low (RL) and initial Zoning Atlas designation of Low Medium Density Residential
(LMDR) District for 1809 and 1836 Diane Drive; 2762, 2763, 2766, 2767, 2770,
2771, 2774, 2775, 2778, 2779, 2782, 2783, 2786, 2787, 2790 and 2791 Diane
Terrace; 1724, 1765 and 1772 El Trinidad Drive East; 1704, 1721, 1724, 1725,
1728, 1733 and 1737 Evans Drive; 1721, 1724, 1747 and 1750 Grove Drive;
1717, 1740 and 1747 Lucas Drive; 1817 and 1831 Marilyn Drive; 1813, 1819,
1824, and 1831 Skyland Drive; 2740, 2751, 2759 and 2770 Terrace Drive; and
1704, 1721, 1729, 1737 and 1755 Thomas Drive (all parcels are located in
Section 05, Township 29 South, Range 16 East) and pass Ordinances 8234-11,
8235-11 and 8236-11 on first reading. (ATA2010-09003)
The City of Clearwater Planning and Development Department has identified an
area within the Clearwater Planning Area with a large concentration of properties
with Agreements to Annex (ATAs) that are eligible for annexation. These
properties are located east of U.S. Highway 19, north of S.R. 590 and south of
South Drive. Subdivisions in this area include Virginia Grove Terrace, Diane
Heights and Carlton Terrace. The Department has identified 189 properties in this
area that could be annexed through a phased approach over the next several
years. This application, which has been identified as Phase B of the overall
annexation project, includes 50 of the 189 properties. Current or previous owners
of these properties entered into ATAs between 1983 and 2005 to obtain sanitary
sewer service. The Planning and Development Department is initiating this project
to bring the properties into the City’s jurisdiction in compliance with the terms and
conditions set forth in the agreements. The Phase B properties are occupied by
49 detached dwellings on 10.37 acres of land. It is proposed that the abutting
Diane Terrace right-of-way not currently within the city limits also be annexed. It is
proposed that the 50 properties be assigned a future land use map designation of
Council 2011-02-03 2
Residential Low (RL). A major drainage ditch traverses five of these properties
(2740 and 2770 Terrace Drive and 1704, 1724 and 1728 Evans Drive) for which
the Drainage Feature Overlay designation is proposed consistent with the ditch
boundaries. It is proposed that all parcels be assigned the zoning designation of
Low Medium Density Residential (LMDR) District.
The Planning and Development Department has determined that the proposed
annexation is consistent with the provisions of Community Development Code
Section 4-604.E as follows: The properties currently receive sanitary sewer
service from the City and water service from Pinellas County. Collection of solid
waste will be provided by the City. The properties are 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 these properties by Station 48 located at 1700 Belcher Road. The City
has adequate capacity to serve the properties with solid waste, police, fire and
EMS service. Water service will continue to be provided by Pinellas County.
The proposed annexations will not have an adverse effect on public facility levels
of service; and The proposed annexation is consistent with and promotes the
following objectives and policy of the Clearwater Comprehensive Plan:
Policy A.7.1.3: Invoke agreements to annex where properties located within
enclaves meet the contiguity requirements of Florida Statutes Chapter 171.
Objective A.6.4: Due to the built-out character of the City of Clearwater, compact
urban development within the urban service area shall be promoted through
application of the Clearwater Community Development Code.
Objective A.7.2: Diversify and expand the City’s tax base through the annexation
of a variety of land uses located within the Clearwater Planning Area. The
proposed Residential Low (RL) and Drainage Feature Overlay Future Land Use
Map categories are consistent with the current Countywide Plan designation of
the properties. The Residential Low (RL) designation primarily permits residential
uses at a density of 5.0 units per acre. The Drainage Feature Overlay category
proposed to be applied to five properties (2740 and 2770 Terrace Drive and 1704,
1724 and 1728 Evans Drive) recognizes the drainage feature on the property but
does not impact development potential. The proposed zoning district to be
assigned to the properties is the Low Medium Density Residential (LMDR) District.
The uses of the subject properties are consistent with the uses allowed in the Low
Medium Density Residential (LMDR) District.
All of the properties meet the minimum dimensional requirements of the Low
Medium Density Residential (LMDR) District; therefore, the proposed annexation
is consistent with the Countywide Plan, Clearwater Comprehensive Plan, and
Clearwater Community Development Code; and
The properties proposed for annexation are contiguous to existing City boundaries
Council 2011-02-03 3
along at least one property boundary; therefore, the annexations are consistent
with Florida Statutes Chapter 171.044.
Assistant City Attorney Leslie Dougall Sides said the maps in the land use 2
category were amended since Monday's work session. There should be no P
designation listed.
Councilmember Paul Gibson moved to amend Item 7.1 by removing the P
designation from the land use 2 category on the maps. The motion was duly seconded
and carried unanimously.
Ordinance 8234-11 was presented and read by title only. Councilmember Bill Jonson
moved to pass Ordinance 8234-11 as amended 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.
Ordinance 8235-11 was presented and read by title only. Vice Mayor John
Doran moved to pass Ordinance 8235-11 as amended 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.
Ordinance 8236-11 was presented and read by title only. Councilmember George N.
Cretekos moved to pass Ordinance 8236-11 as amended 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 Adopt Ordinance 8225-10 on second reading, vacating the entire alley lying within
Block 1 of E.P. Merit’s Addition.
In response to questions, Engineering Assistant Director Scott Rice said the alley
narrows to less than a foot and would cost approximately $9,000 to pave. If vacated,
the applicant will fence the end of the alleyway, eliminating rear access to some
Council 2011-02-03 4
properties. Police Chief Tony Holloway reported three recent reports of incidents;
criminal activity would be reduced if alley access were blocked.
One individual spoke in opposition and two individuals spoke in support.
Discussion ensued with concern expressed that an adjacent property owner was
operating a business in a residential neighborhood without a license.
Planning and Development Director Michael Delk said the neighborhood has many
nonconforming uses. Planning and Development Assistant Director Gina Clayton said
neighboring properties are too small for multiple units. The City Attorney said a
vacation does not require consent by adjacent property owners; the City can vacate
alleys if there is no municipal purpose. The law determines who receives ownership of
vacated property; the City does not issue deeds.
Ordinance 8225-10 was presented and read by title only. Councilmember Paul Gibson
moved to adopt Ordinance 8225-10 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
9. Consent Agenda, approved as submitted less Item 9.5
9.1 Re-appoint Robert Going to a two-year term ending December 31, 2012 as a
Trustee of the Clearwater Firefighters Supplemental Trust Fund in accordance
with Sec. 175.061 of the Florida State Statutes. (consent)
9.2 Re-appoint David Hogan as the fifth Trustee to a two-year term ending December
31, 2012 on the Clearwater Firefighters Supplemental Trust Fund in accordance
with Sec. 175.061 of the Florida State Statutes. (consent)
9.3 Approve the extension of a Partnership and Operational Support Agreement
between the City of Clearwater and City Players, Inc., to provide for an annual
summer musical production at Ruth Eckerd Hall from May 4, 2011 to May 3, 2014
and authorize the appropriate officials to execute same. (consent)
9.4 Award a contract (Purchase Order) for $202,469.00 to Southern Sewer
Equipment Sales of Ft. Pierce, FL for one International 4300 M7 Chassis with
Tymco Model 500X Street Sweeper, in accordance with Sec. 2.564(1)(d), Code of
Ordinances - Other governmental bid; authorize lease purchase under the City’s
Master Lease Purchase Agreement and authorize the appropriate officials to
execute same. (consent)
9.6 Approve a contract with HDR Engineering, Inc, an Engineer of Record, in the
Council 2011-02-03 5
amount of $202,842 to perform an efficiency review of the Public Utilities
Department, funding to be provided out of Water and Sewer Fund unappropriated
retained earnings, and authorize the appropriate officials to execute the same.
(consent)
9.7 Award a contract to TLC Diversified of Palmetto, FL, for the East Plant Anoxic
Tank Rehabilitation Project (09-0007-UT) in the amount of $1,210,727.10 for the
base bid and bid alternate of $50,820.00 for a total contract value in the amount of
$1,261,547.10, which is the lowest responsive bid received in accordance with
plans and specifications; approve an Owner Direct Purchase (ODP) from
Philadelphia Mixing Solutions, Ltd. in the amount of $331,000.00; approve
Engineer of Record (EOR) work order to Jones Edmunds and Associates, Inc. in
the amount of $154,300.00 for CEI, and authorize the appropriate officials to
execute same. (consent)
9.8 Ratify and confirm Change Order 4 to APAC, Southeast, Inc. of Lutz, Florida for
the East Avenue Trail Connector Turner Street to Drew Street Project (09-0023-
EN) in the amount of $361,672.77 to restore the East Avenue corridor due to CSX
rail and tie replacement work; replace handicap curb ramps on East Avenue to
meet current ADA standards; remove the southbound turn on Cleveland
Street/East Avenue, due to converting southbound East Avenue to a bicycle trail;
modify signage and add 342 calendar days to contract due to delays caused by
the CSX Rail and Tie Replacement project. (consent)
9.9 Ratify and confirm Change Order 5 and Final to Misener Marine Construction, Inc.
of Tampa, Florida for the Clearwater Harbor Marina (Downtown Boatslips Project
06-0033-MA) decreasing the contract amount by $18,681.40 for a new contract
total of $11,130,330.76 and approve a time extension of 113 days for a new
contract completion date of August 18, 2010.
9.10 Re-appoint Frank Dame and Doreen DiPolito to the Community Development
Board with the terms to expire February 28, 2015.
Councilmember George N. Cretekos moved to approve the Consent Agenda as
submitted, less Item 9.5, and that the appropriate officials be authorized to execute
same. The motion was duly seconded and carried unanimously.
9.5 Award Bid 01-11 (Clearwater City Hall Elevator Modernization) to Delaware
Elevator of Florida, Inc. of Orlando, FL in the amount of $148,678.00 for the
modernization of both traction passenger elevators located at City Hall and
authorize the appropriate officials to execute same. (consent)
The two elevators located at City Hall are original. Numerous repairs have been
made and some updates were completed on the elevators. In order to extend the
life of these elevators, some major changes as well as upgrades are necessary.
The bid outlined the equipment that needs replacement. The City received nine
bids for this project. The lowest bidder ($119,000.00) did not meet the
specifications pertaining to years in business and no similar equipment
Council 2011-02-03 6
replacements. The next lowest bidder ($119,500.00) included several options in
order to meet the specifications, which caused their total amount to rise to
$174,500.00. The third lowest bidder is the selected contractor.
The Contractor will work on one elevator until complete and will make sure that
one elevator is operational at all times during the modernization. The contractor
will keep the noise to a minimum to prevent any disruptions to the normal
activities conducted at City Hall. Upon completion of this project, both elevators
will meet all current governing rules, codes and requirements.
One individual spoke in opposition and expressed concern that the winning bidder has
conducted business in Florida for less than the required five years.
In response to questions, Solid Waste/General Services Assistant Director Rick Carnley
said the parent company for Delaware Elevator of Florida, Inc. has been in business for
over sixty years. The company has a satellite office in Orlando, Florida and one
technician in the area for service calls. Assistant City Attorney Camilo Soto reviewed the
appeal process and said the lowest bidder was informed of the appeal timeframe after
being disqualified as an unresponsive bidder.
Council recessed from 7:33 p.m. to 7:43 p.m.
In response to a question, Mr. Carnley said if unable to respond to a service call within
48 hours, the company would be subject to a $150 fine per day.
Discussion ensued with a suggestion made that consideration be given to increasing
penalties in the future.
Vice Mayor John Doran moved to award Bid 01-11 (Clearwater City Hall Elevator
Modernization) to Delaware Elevator of Florida, Inc. of Orlando, FL in the amount of
$148,678.00 for the modernization of both traction passenger elevators located at City
Hall 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 Clearwater Country Club Memberships / RFP
Parks and Recreation Director Kevin Dunbar said Greg McClimans, the current
Clearwater Country Club operator, wishes to amend the contract to allow memberships
and monthly payments; currently the operator cannot commit to memberships beyond
April 30, 2011. Staff is pleased with the stability of the golf course and past experience
of this operator. Mr. Dunbar requested permission to negotiate a long-term agreement
with Mr. McClimans and issue a RFP (Request for Proposals) if discussions fail.
In response to questions, Mr. Dunbar estimated a $2 million investment in the facility
Council 2011-02-03 7
would be necessary in the next 10 years. The facility has to be nice enough to attract
members. To break even, the number of members must double to at least 300
members. National management companies have made inquiries but want the City to
offset costs if the course does not generate sufficient funds. The average 20-year
contract depends on the magnitude of improvements and time needed to recoup
investments.
Discussion ensued with support expressed for Mr. McClimans' efforts, which have
produced significant changes. It was recommended that staff work with Mr. McClimans
and bring a contract to the City Council, before a RFP is issued.
Two individuals spoke in support of Mr. McClimans operating the course and one
individual recommended selling the course.
Councilmember Paul Gibson moved to direct staff to negotiate a contract with Mr.
McClimans to operate the Clearwater Country Club golf course and to allow club
memberships to be sold and collected monthly. The motion was duly seconded and
carried unanimously.
Miscellaneous Reports and Items
11. Other Council Action
11.1 One Bay Resolution
The Tampa Bay Regional Planning Council (TBRPC) is requesting support for the
One Bay Regional Vision, a shared regional vision for Tampa Bay. The One Bay
Vision recommendations include supporting environmentally sustainable growth,
protection of water resources, and energy conservation; creating jobs through
sustainable economic development practices and fostering quality communities;
supporting increased diversity in housing options for families and individuals;
encouraging compact and mixed-use development; promoting transit and transit-
oriented development; and encouraging preservation of open space and
agricultural land.
TBRPC Executive Director Manny Pumariega discussed development of the One Bay
Regional Vision and reviewed One Bay recommendations.
Discussion ensued with comments that economically viable projects need to provide a
cost benefit and the plan includes best practices of other cities. Concerns were
expressed that the resolution language may commit the City to make expenditures
necessary to meet the stated goals.
Councilmember George N. Cretekos moved to amend Section 1 of Resolution 11-06 to
read, "The ONE BAY Regional Vision is supported and the City of Clearwater will work
to integrate the vision’s principles and recommendations into the local comprehensive
plan and future growth decisions." The motion was duly seconded and carried
Council 2011-02-03 8
unanimously.
One individual spoke in opposition.
Resolution 11-06 was presented and read by title only. Councilmember Bill Jonson
moved to adopt Resolution 11-06 as amended. 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.
11.2 Environmental Advisory Board Recommendation Concerning Dune Protection and
Enforcement on Clearwater Beach.
Environmental Manager Ed Chesney said a countywide ordinance might not be
applicable, as Pinellas County does not have a dune issue. The Florida Department of
Environmental Protection (FDEP) said most of the complaints are for the 700/800 block
of Eldorado Avenue. Staff has requested the State to provide notice regarding any
violations.
In response to questions, Mr. Chesney said the inspector visits the property and
documents activity with photographs. Many of the violations being reported are due to
property owners maintaining access, not for new access. The last violation was
reported in November 2010. Assistant City Attorney Leslie Dougall Sides said the city
has general police powers but further research is needed regarding any State
preemptions.
One individual spoke in support of the city enforcing dune regulations. One individual
opposed the city enforcing dune regulations on private property.
Discussion ensued with concerns expressed regarding the costs associated with
enforcing dune regulations. The City Attorney said the City does not have the authority
to enforce State statute; the City would be required to hire an expert to provide
testimony regarding dune alterations increasing flood risks.
Staff was directed to ask if FDEP would consider delegating legal authority to
Clearwater to enforce state laws regarding dune alteration, including the collection of
penalties under current law and requested staff to contact the cities of Destin and
Panama City Beach for information regarding dune protection.
12. Closing Comments by Mayor
Mayor Frank Hibbard reviewed recent and upcoming events and offered
condolences to survivors of Dr. William Hale and Saint Petersburg Police Officers
Council 2011-02-03 9
Tom Baitinger and Jeffrey Yaslowitz.
13. Adjourn
The meeting was adjourned at 9:42 p.m.
Attest
&2d?
ayor
City of Clearwater
Council 2011-02-03 10