02/16/2012 CITY COUNCIL MEETING MINUTES
CITY OF CLEARWATER
February 16, 2012
Present: Mayor George N. Cretekos, Councilmember Paul Gibson,
Councilmember Doreen Hock-DiPolito, Councilmember Bill Jonson, and
Councilmember Jay E. Polglaze.
Also Present: William B. Horne II - City Manager, Jill S. Silverboard —Assistant City
Manager, Rod Irwin - Assistant City Manager, Pamela K. Akin - City
Attorney, Rosemarie Call - City Clerk, and Nicole Sprague - Official
Records and Legislative Services.
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 — Father James Rousakis from Greek Orthodox Church of the
Holy Trinity
3. Pledge of Allegiance — Mayor Frank Hibbard
4. Presentations — Given.
4.1 Councilmember Farewell — Mayor Frank Hibbard and Councilmember John
Doran
Nine individuals expressed their gratitude and thanked Mayor Frank Hibbard and
Councilmember John Doran for their service.
The City Manager, City Attorney, and Councilmembers thanked Mayor Frank Hibbard
and Councilmember John Doran for their service.
4.2 New Councilmembers Oaths of Office
The City Clerk administered the Oaths of Office to Councilmember Doreen Hock-
DiPolito, Councilmember Jay E. Polglaze, and Mayor George N. Cretekos.
Council 2/16/2012 1
The Council recessed from 7:10 p.m. to 7:24 p.m.
4.3 Service Awards
One service award was presented to a city employee.
5. Approval of Minutes
5.1 Approve the minutes of the February 2, 2012 City Council Meeting as submitted
in written summation by the City Clerk.
Councilmember Bill Jonson moved to approve the minutes of the February 2, 2012 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 amendments to the Clearwater Comprehensive Plan to add charter
schools to the definition of public educational facilities and to allow public
educational facilities in three additional land use categories, and pass Ordinance
8312-12 on first reading. (CPA2011-10002)
At the July 19, 2011 Community Development Board meeting, the Board denied a
Flexible Development application (FLD2011-04017) involving a proposed charter
school to be located on a property, 21810 US Highway 19 North, classified as
Commercial General (CG) on the Future Land Use Map and in the Commercial
(C) Zoning District. Policy J.2.1.3 of the Public School Facilities Element of the
Clearwater Comprehensive Plan identifies land use classifications in which public
educational facilities are an allowable use. Commercial General (CG) is not
included on this list, which was the primary reason the case was denied.
After discussions with the applicant's representatives, Planning and Development
Department staff agreed to support an application for an amendment to the
Comprehensive Plan. On November 1, 2011 Inland Southeast Clearwater
Development, LLC submitted the application. An amendment to the Community
Development Code is being processed concurrently with this application (TA2011-
10003).
Proposed Ordinance 8312-12 includes the following amendments:
Council 2/16/2012 2
Modifies the definition of public educational facilities to include charter schools, in
accordance with Chapter 1002.33, Florida Statutes (Policy J.2.1.2).
Adds the Residential High (RH), Residential/Office/Retail (R/O/R) and
Commercial General (CG) future land use classifications to the list of allowable
categories for the public educational facilities use (Policy J.2.1.3).
The Community Development Board (CDB) reviewed the proposed amendment at
its meeting on January 17, 2012 and unanimously recommended the amendment
for approval.
Councilmember Jay Polglaze moved to approve amendments to the Clearwater
Comprehensive Plan to add charter schools to the definition of public educational
facilities and to allow public educational facilities in three additional land use categories.
The motion was duly seconded and carried unanimously.
Ordinance 8312-12 was presented and read by title only. Councilmember Paul Gibson
moved to pass Ordinance 8312-12 on first reading. The motion was duly seconded and
upon roll call, the motion was:
'Ayes Mayor George N. Cretekos, Councilmember Doreen Hock-DiPolito,
Councilmember Paul Gibson, Councilmember Bill Jonson, and
Councilmember Jay Polglaze.
"Nays None.
7.2 Approve amendments to the Community Development Code adding schools as
an allowable use within the Commercial (C) District, and pass Ordinance 8311-
12 on first reading. (TA2011-10003)
At the July 19, 2011 Community Development Board meeting, the Board denied
a Flexible Development application (FLD2011-04017) involving a proposed
charter school to be located on a property, 21810 US Highway 19 North, classified
as Commercial General (CG) on the Future Land Use Map and in the Commercial
(C) Zoning District. Policy J.2.1.3 of the Public School Facilities Element of the
Clearwater Comprehensive Plan identifies land use classifications in which public
educational facilities are an allowable use. Commercial General (CG) is not
included on this list, which was the primary reason the case was denied. In
addition, the Community Development Code does not list schools as a permitted
use in the Commercial (C) District (Article 2, Division 7).
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After discussions with the applicant's representatives, Planning and Development
Department staff agreed to support an application for an amendment to the
Community Development Code. On November 1, 2011 Inland Southeast
Clearwater Development, LLC submitted the application. An amendment to the
Clearwater Comprehensive Plan is being processed concurrently with this
application.
Proposed Ordinance 8311-12 includes the following amendments:
Adds schools to the list of permitted uses in the Commercial (C) District (Chart 2-
100, Permitted Uses).
Adds the schools use to the Commercial (C) District as a flexible standard
development use, and adds flexibility criteria addressing side and rear setbacks,
location, compatibility and traffic circulation (e.g., drop-off areas and site access).
Adds the schools use to the Commercial (C) District as a flexible development
use, and adds flexibility criteria addressing lot size and area, setbacks, location,
compatibility and traffic circulation.
Amends the definition of school to include charter schools approved by the
Pinellas County School Board pursuant to 1002.33 Florida Statutes.
The Community Development Board (CDB) reviewed the proposed amendment
at its meeting on January 17, 2012. The Board unanimously recommended the
amendment for approval, with a change to the lighting provisions, which have
been incorporated into the proposed.
Councilmember Bill Jonson moved to approve amendments to the Community
Development Code adding schools as an allowable use within the Commercial (C)
District. The motion was duly seconded and carried unanimously.
Ordinance 8311-12 was presented and read by title only. Councilmember Doreen Hock-
DiPolito moved to pass Ordinance 8311-12 on first reading. The motion was duly
seconded and upon roll call, the motion was:
'Ayes Mayor George N. Cretekos, Councilmember Doreen Hock-DiPolito,
Councilmember Paul Gibson, Councilmember Bill Jonson, and
Councilmember Jay Polglaze.
"Nays None.
Council 2/16/2012 4
8. Consent Agenda — Approved as submitted.
8.1 Appoint Councilmember Jonson as the Audit Committee representative to serve
the remaining unexpired term through March 8. 2015, pursuant to Section
218.391 Florida Statutes.
8.2 Approve a term sheet to modify the terms of an existing loan between the City of
Clearwater and Greenwood Apartments. LLC, c/o Banc of America Community
Development Corporation in the amount of$1.000.000: facilitate a change in
ownership, management and debt repayment restructure: modification will be
contingent upon all terms identified in the term sheet, acquisition of Greenwood
Apartments. LLC by HallKeen Management. Inc. and subject to loan closing on
or before June 30. 2012, and authorize the appropriate officials to execute same.
consent
8.3 Award a purchase order to Fisher Scientific, Atlanta. Georgia, in an amount not
to exceed $335.929.38 for the purchase of self-contained breathing apparatus
(SCBA) repair parts and personal protective equipment (PPE), in accordance
with Sec. 2.564(b). Code of Ordinances Sole source for City standardized
equipment, and authorize the appropriate officials to execute same. (consent)
8.4 Award a contract (Purchase Order) for $ 59.452.00 to Tampa Crane and Body.
Inc. of Tampa. FL for two Palfinger PC 3800 Articulating Hydraulic Cranes:
authorize lease purchase under the City's Master Lease Purchase Agreement
and authorize the appropriate officials to execute same. (consent)
8.5 Award a Contract (Purchase Order) for$180.194.00 to Pat's Pump and Blower
of Orlando. FL for one 2012 Aguatech sewer cleaner body, in accordance with
Sec. 2.5640)(d). Code of Ordinances - Other governmental bid: authorize lease
purchase under the City's Master Lease Purchase Agreement: declare G2860
surplus to the City for trade-in and authorize the appropriate officials to execute
same. (consent)
8.6 Award a contract (Purchase Order) for $39.557.00 to Duval Ford of Jacksonville.
FL for one Ford F-550 truck with 11 ft. Utility Body, in accordance with Sec.
2.5640)(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)
8.7 Accept a Drainage Easement conveyed to the City by the property owners of
record of 800 Wellington Drive granting appropriate authority to the City to
construct, reconstruct, install and maintain drainage facilities within the
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easement area in exchange for in-kind services estimated at $1.200. (consent)
8.8 Award a Contract to Kamminga and Roodvoets. Inc. of Tampa. Fl, for the
Pollution Prevention Project at two Locations (10-0029-EN) in the amount of
$210.412.40, which is the lowest responsible bid received in accordance with
plans and specifications, and authorize the appropriate officials to execute same.
consent
8.9 Approve the final plat for Renaissance Oaks First Addition, which has a physical
address of 3054 Leanne Court and is located on the west side of McMullen
Booth Road approximately mile south of Enterprise Road. (consent)
8.10 Award a contract to Caladesi Construction Company of Largo. Florida, in the
amount of$900.274.10 for the Highland and Jeffords Drainage Replacement
Project (09-0001-EN) which is the lowest responsible bid received in accordance
with plans and specifications, and authorize the appropriate officials to execute
same. (consent)
8.11 Approve an Interlocal Agreement between Pinellas County and its NPDES Co-
Pemitees Providing Joint Control of Pollutants within Pinellas County and
authorize the appropriate officials to execute same. (consent)
8.12 Approve a revised Memorandum of Agreement for a previously executed Utility
Work by Highway Contractor Agreement. (UWHCA), with the Florida Department
of Transportation. (FDOT), in the amount of$918.611.00, and authorize the
appropriate officials to execute same. (consent)
8.13 Approve outdoor seating request in Beachwalk Right-of-Way for Crabby Bill's
Restaurant. (consent)
8.14 Appoint Danielle Dilday as a youth member to the Sister Cities Advisory Board
with term to expire December 31, 2016.
8.15 Appoint Councilmember Gibson to serve as the Vice Mayor.(consent)
Councilmember Doreen Hock-DiPolito moved to approve the Consent Agenda as
submitted and authorize the appropriate officials to execute same. The motion was duly
seconded and carried unanimously.
City Manager Reports
9. Other Items on City Manager Reports
Council 2/16/2012 6
9.1 Continued to March 1, 2012: Approve amendments to the Code of Ordinances
regulating pedicabs and low speed vehicles for hire, and pass Ordinance 8314-
12 on first reading.
An increasing number of businesses have begun operating within the City of
Clearwater, thus far solely on Clearwater Beach, whereby the businesses are
providing public transportation on pedicabs (vehicles propelled solely by human
power) and on low-speed, golf-cart type vehicles or are renting a variety of
recreational vehicles, such as low-powered motorcycles, electric personal
assistive mobility devices, surrey bicycles, and mopeds. However, minimal
regulations currently exist to ensure that the businesses are adequately insured,
that the businesses are maintaining the vehicles in safe-operating condition, and
that the drivers of the pedicabs and low speed for hire vehicles are not likely to be
a danger to the public. Regulations will promote the health, safety, and welfare of
the public by placing an obligation on the business owners to obtain adequate
insurance in case of an accident, to maintain the vehicles used in the business in
a safe-operating condition, and to ensure that the drivers in their employ are not
likely to be a danger to the public and regulation of this activity will promote the
health, safety, and welfare of the public by creating a regulatory mechanism by
which the owners of the business and the drivers in their employ could have their
ability to conduct business within the City of Clearwater revoked if the business
owners or their drivers fail to adhere to the Florida Statutes and City ordinances
pertaining to the operation of the business or the operation of the pedicabs or low-
speed for hire vehicles.
Councilmember Doreen Hock-DiPolito moved to continue Item 9.1 to March 1, 2012.
The motion was duly seconded and carried unanimously.
9.2 Recommend that the Pinellas County Board of County Commissioners adopt a
county-wide ordinance regulating taxicab companies and taxicab drivers and
pass Resolution 12-06.
Currently, there exists a hodgepodge of municipal ordinances in Pinellas County
pertaining to the regulation of taxicab companies and taxicab drivers with some
municipalities having no regulations. In Hillsborough County, for example, there
exist county-wide regulations of taxicabs and other public transportation vehicles
pursuant to a special act of the Florida legislature.
Because Pinellas County is geographically the smallest county within the State of
Florida, containing 24 municipalities, the citizens of Pinellas County would be
better served and protected by having uniform regulations that would impose
clearly defined responsibilities on the owners of taxicab companies and taxicab
Council 2/16/2012 7
drivers, regardless of where in Pinellas County a customer is picked up or
dropped off.
Councilmember Jay Polglaze moved to recommend that the Pinellas County Board of
County Commissioners adopt a county-wide ordinance regulating taxicab companies
and taxicab drivers. The motion was duly seconded and carried unanimously.
Resolution 12-06 was presented and read by title only. Councilmember Paul Gibson
moved to adopt Resolution 12-06. The motion was duly seconded and upon roll call,
the vote was:
'Ayes Mayor George N. Cretekos, Councilmember Doreen Hock-DiPolito,
Councilmember Paul Gibson, Councilmember Bill Jonson, and
Councilmember Jay Polglaze.
"Nays None.
Miscellaneous Reports and Items
10. City Manager Verbal Reports
10.1 City Manager Verbal Reports — None.
11. Other Council Action
11.1 Clearwater Representative for MPO/PPC Unity Board - Councilmember Gibson
Councilmember Paul Gibson said the PPC (Pinellas Planning Council) has requested
that Clearwater City Council consider allowing former Councilmember John Doran to
continue serving on the MPO/PPC Unification Executive Committee and requested
Council direction. The PPC provides for the appointment. Councilmember Gibson said
former Councilmember Doran would be the only citizen representative on the board.
The City Manager said PPC will determine who replaces former Councilmember Doran;
it does guarantee a Clearwater councilmember will be chosen.
Staff was directed to inform the PPC that the Clearwater City Council prefers the
appointment remain for an elected official and suggests that a citizen representative
category be added to the MPO/PPC Unification Executive Committee to accommodate
the PPC's request.
12. Closing Comments by Mayor
Council 2/16/2012 8
Mayor George Cretekos reviewed recent and upcoming events.
13. Adjourn
The meeting was adjourned at 7:46 p.m.
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Council 2/16/2012 9