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09/06/2012 CITY COUNCIL MEETING MINUTES CITY OF CLEARWATER September 6, 2012 Present: Mayor George N. Cretekos, Vice Mayor 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 Coordinator. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. 1. Call to Order – Vice Mayor Paul Gibson The meeting was called to order at 6:00 p.m. at City Hall. 2. Invocation – Fr. James Rousakis from Greek Orthodox Church of the Holy Trinity Mayor George N. Cretekos presented Fr. James Rousakis with a commemorative letter thanking him for continued service to the community. 3. Pledge of Allegiance – Councilmember Jay Polglaze 4. Presentations – Given. 4.1 Carefest Day Proclamation, September 29, 2012 - Pastor Anthony McDaniel of Abundant Life Ministries 4.2 Hispanic Heritage Month Proclamation, September 15, 2012 through October 15, 2012 - Sandra Lythe, CEO of the InterCultural Advocacy Institute 4.3 Library Board Presentation - Judith McSwine, Library Advisory Board Chair Ms. McSwine reviewed the Board’s recent activities, future projects and thanked the Council for its continued support. Council 2012-09-06 1 4.4 Update on Homeless Initiative - Dr. Robert Marbut Jr. and Ekaterini Gerakios, Community Development Manager Community Development Manager Ekaterina Gerakios and Dr. Marbut provided a PowerPoint presentation. Dr. Marbut noted that the number of homeless has decreased significantly and sleeping in the parks has been practically eliminated. Businesses have purchased a No Trespassing sign after logging a complaint. Dr. Marbut said street feedings remain a challenge but staff has improved communications with organized street feeders, which has them rethinking their mission. Facilities for homeless families and children remain a countywide challenge. 5. Approval of Minutes 5.1 Approve the minutes of the August 16, 2012 City Council Meeting as submitted in written summation by the City Clerk. Councilmember Bill Jonson moved to approve the minutes of the August 16, 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 request from Calvary Baptist Church (a.k.a. First Baptist Church of Clearwater) to vacate a portion of right-of-way known as Bay Street; vacate that certain utility easement reserved by Ordinance 4509-87; amend Ordinance 8169-10; and pass Ordinance 8332-12 on first reading (VAC2012-01). In 2010, First Baptist Church of Clearwater, Inc., (Applicant), requested the vacation of several portions of City rights-of-way for the construction of athletic facilities. Council approved the request and passed Ordinance 8169-10. In an oversight at that time, the Applicant failed to include a portion of Bay Street in its vacation request to accommodate its future expansion plans. Those plans now include the expansion of the existing athletic facilities complex. The portion of Bay Street now proposed for vacation is an unimproved right-of-way. Council 2012-09-06 2 Ordinance 8169-10 included vacated property beyond the limits of the right-of- way. Ordinance 8332-12 will amend Ordinance 8169-10 and will provide the correct legal description. In 1987, a drainage and utility easement adjacent to Bay Street was reserved by the City. This easement is not needed for City use and will be rendered inaccessible with the adoption of Ordinance 8332-12. Progress Energy, Bright House, Knology and Verizon have no facilities within the right-of-way proposed for vacation and have no objection to the request. The Engineering Department conducted an interdepartmental review of the vacation request. All City service and utility providers, potentially affected by the vacation, have no objection to the request. Vice Mayor Paul Gibson moved to approve request from Calvary Baptist Church (a.k.a. First Baptist Church of Clearwater) to vacate a portion of right-of-way known as Bay Street; vacate that certain utility easement reserved by Ordinance 4509-87 and amend Ordinance 8169-10. The motion was duly seconded and carried unanimously. Ordinance 8332-12 was presented and read by title only. Councilmember Bill Jonson moved to pass Ordinance 8332-12 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember Jay Polglaze. "Nays": None. 8. Second Readings - Public Hearing 8.1 Adopt Ordinance 8349-12 on second reading, making numerous amendments to the Community Development Code to address the recommendations of the Business Task Force. Ordinance 8349-12 was presented and read by title only. Councilmember Doreen Hock-DiPolito moved to adopt Ordinance 8349-12 on second reading and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember Jay Polglaze. Council 2012-09-06 3 "Nays": None. 8.2 Adopt Ordinance 8352-12 on second reading, annexing certain real property whose post office address is 3075 Cherry Lane, together with the abutting right- of-way of McMullen Booth Road, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Ordinance 8352-12 was presented and read by title only. Councilmember Jay Polglaze moved to adopt Ordinance 8352-12 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember Jay Polglaze. "Nays": None. 8.3 Adopt Ordinance 8353-12 on second reading, amending the future land use plan element of the Comprehensive Plan by designating the land use of certain real property whose post office address is 3075 Cherry Lane, together with the abutting right-of-way of McMullen Booth Road, upon annexation into the City of Clearwater, as Residential Urban (RU). Ordinance 8353-12 was presented and read by title only. Vice Mayor Paul Gibson moved to adopt Ordinance 8353-12 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember Jay Polglaze. "Nays": None. 8.4 Adopt Ordinance 8354-12 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 3075 Cherry Lane, together with the abutting right-of-way of McMullen Booth Road, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). Ordinance 8354-12 was presented and read by title only. Councilmember Bill Jonson moved to adopt Ordinance 8354-12 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Council 2012-09-06 4 "Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember Jay Polglaze. "Nays": None. 9. Consent Agenda – Approved as submitted. 9.1 Approve a one-year funding agreement, in the amount of $163,443, between Jolley Trolley Transportation of Clearwater, Inc. and the City of Clearwater for the operation of transportation and trolley service on Clearwater Beach, Island Estates and Sand Key and authorize the appropriate officials to execute same. (consent) 9.2 Approve the Business Lease Contract between the City of Clearwater and Jolley Trolley Transportation of Clearwater, Inc. for the lease of City-owned property located on the northwest corner of North Myrtle Avenue and Hart Street; and authorize appropriate officials to execute same. (consent) 9.3 Approve the extension of Fire Protection Services Agreement between Pinellas County Fire Protection Authority and City of Clearwater for one year extending until September 30, 2013 and authorize the appropriate officials to execute same. (consent) 9.4 Approve the October 1, 2012 through September 30, 2013 Emergency Medical Services ALS First Responder Agreement Extension between Pinellas County and City of Clearwater and authorize the appropriate officials to execute same. (consent) 9.5 Approve the purchase of excess and specialty insurance policies from October 1, 2012 to October 1, 2013, at an amount not to exceed $725,000, and authorize the appropriate officials to execute same. (consent) 9.6 Approve settlement of the liability claim for payment not to exceed $33,000 and authorize the appropriate officials to execute same. (consent) 9.7 Approve Supplemental 5 Work Order to Engineer of Record (EOR) URS Corporation Southern for Year Three of Remedial Action Plan in the amount of $49,750 and authorize the appropriate officials to execute same. (consent) 9.8 Approve the 5-year Lease, with provision for five 5-year extensions, solely upon Council 2012-09-06 5 agreement of each of the two parties, between the City of Clearwater and Marina Cantina, LLC, owned by Frank Chivas, for 9,285 square feet of interior space and 11,237 square feet of exterior patio space at the Clearwater Marina, and authorize the appropriate officials to execute same. (consent) 9.9 Approve an Interlocal Agreement between the CRA and the City of Clearwater to provide CRA funding in Fiscal Year 2012/2013 in the amount of $149,043.67 to underwrite the cost of additional Community Policing Services by the Clearwater Police Department in the East Gateway CRA District, pursuant to the East Gateway Five-Year Action Program and authorize the appropriate officials to execute same. (consent) 9.10 Approve the First Amendment to Contract for Purchase of Real Property by the City of Clearwater for the purchase of real property located at 409 Cleveland Street, Clearwater, from Ruth Eckerd Hall, Inc., amending provisions requiring delivery of the property without tenants, waiving said requirement, and allowing for delivery of the property with the current tenant in possession only, the Blue Dahlia Marketplace, LLC; and authorize the appropriate officials to execute same, together with all other instruments required to affect closing. (consent) 9.11 Authorize settlement of Chestine v. City of Clearwater, Case 11-00114-CI-015, for payment by City of $50,000.00 in exchange for a full release from plaintiff and dismissal of action with prejudice. (consent) 9.12 Authorize settlement of Szmyglewski v. City of Clearwater, Case 11-004981-CI- 007, for payment by City of $50,000.00 in exchange for a full releases from plaintiff and dismissal of action with prejudice. (consent) Councilmember Jay Polglaze 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 10. Other Items on City Manager Reports 10.1 Approve the request to change the name of First Avenue North, a right-of-way under the jurisdiction of the City of Clearwater, to Dimmitt Drive; and adopt Resolution 12-13. Owners of Dimmitt Chevrolet and Cadillac have submitted a request to the City to change the name of First Avenue North to Dimmitt Drive. The subject street extends from its western terminus at US Highway 19 North to its eastern terminus at Chautauqua Avenue for a total length of approximately 546 feet. Council 2012-09-06 6 Lawrence Dimmitt, III and LHD Properties, Ltd. own all property fronting both the north and south sides of First Avenue North; both owners are associated with the Dimmitt dealership operations. Pinellas County and the local Postmaster of the United States Postal Service have each submitted a letter of no objection to the request. The Engineering Department conducted an interdepartmental review of the request. Representatives of all City departments, potentially affected by the vacation, have no objection to the request. Real Estate Services Coordinator Chuck Lane said the Florida Department of Transportation (FDOT) has confirmed that address numbers will be added to the street signs; First Avenue will continue to be identified on the street signs. The property owners will be responsible for all costs incurred by the City and FDOT to change the street signs. In response to questions, Engineering Director Mike Quillen said staff is not aware of any other side streets off U.S. Hwy. 19 with access to a car dealership that would have a similar request. Mr. Lane said the street sign will be changed to reflect Dimmitt Drive and include the address number range one may access from that exit. Two individuals spoke in opposition. In response to questions, Mr. Lane said FDOT denied a request to put signage on U.S. Hwy. 19 to identify businesses off an exit. FDOT did not deny the request to change the street name. The City Manager said EMS records will be updated as soon as the street name is approved and changed; EMS will be able to respond to calls in that area. Mr. Quillen said First Avenue North is the only access off U.S. Hwy. 19 to the residential area behind the dealership; there is access off Union Street. A concern was expressed that U.S. Hwy. 19 is being designed in a manner that is difficult to identify the business along the service roads. Councilmember Doreen Hock-DiPolito moved to approve the request to change the name of First Avenue North, a right-of-way under the jurisdiction of the City of Clearwater, to Dimmitt Drive. The motion was duly seconded. Vice Mayor Paul Gibson and Councilmembers Doreen Hock-DiPolito and Jay Polglaze voted “Aye”; Mayor George N. Cretekos and Councilmember Bill Jonson voted “Nay”. Motion carried. Council 2012-09-06 7 Resolution 12-13 was presented and read by title only. Councilmember Doreen Hock- DiPolito moved to adopt Resolution 12-13. The motion was duly seconded and upon roll call, the vote was: "Ayes": Vice Mayor Paul Gibson, Councilmember Doreen Hock-DiPolito, and Councilmember Jay Poiglaze. "Nays": Mayor George N. Cretekos and Councilmember Bill Jonson. Motion carried. Miscellaneous Reports and Items 11. City Manager Verbal Reports — None. 12. Closing Comments by Mayor Mayor George N. Cretekos reviewed recent and upcoming events. 13. Adiourn The meeting was adjourned at 7:26 p.m. CtWrl(f\Crt Mayor Attest City of Clearwater ', �OFTkfc�� 0.41 f lt_lz 2 u City Clerk ,i y1 — Mama tot Council 2012-09-06 8