04/04/2013 CITY COUNCIL MEETING MINUTES
CITY OF CLEARWATER
April 4, 2013
Present: Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember
Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember
Jay E. Polglaze.
Also Present: 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— Mayor George N. Cretekos
The meeting was called to order at 6:00 p.m. at City Hall.
2. Invocation- Pastor Pat Glenn from Clearwater First Nazarene Church
3. Pledge of Allegiance —Vice Mayor Paul Gibson
4. Presentations - Given.
4.1 Military Family and Community Covenant Day Proclamation, April 17, 2013 - Bob
Swick, Chairman of the Tampa Bay Veterans Alliance.
4.2 Civitan Month Proclamation, April 2013 - Earle Lusk, President of the Clearwater
Civitan Club
4.3 Clearwater Recognition Day for National Service Proclamation, April 9, 2013 -
Karen Maldonado
4.4 National Library Week Proclamation, April 14-17. 2013 - Barbara Pickell.
4.5 PSTA Planning Update - Brad Miller, CEO - Pinellas Suncoast Transit Authority
P( STA)
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Mr. Miller provided a PowerPoint presentation regarding recent initiatives for improving
transportation in Pinellas County and reviewed the Green Light Pinellas outreach
program and the transit tax referendum for November 2014.
5. Approval of Minutes
5.1 Approve the minutes of the March 6, 2013 and the March 21, 2013 City Council
Meetings as submitted in written summation by the City Clerk.
Councilmember Bill Jonson moved to approve the minutes of the March 6, 2013 City
Council Meeting as submitted in written summation by the City Clerk. The motion was
duly seconded and carried unanimously.
Councilmember Doreen Hock-DiPolito moved to approve the minutes of the March 21,
2013 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
Albert Brylewski, Rustlewood Condos Representative, expressed concerns with
construction noise and garbage on their property from Countryside Mall and lack of
barrier separating the residential community from the mall.
Public Hearings - Not before 6:00 PM
7. Administrative Public Hearings
7.1 Approve the request from eight owners of real property within the City of
Clearwater to vacate a portion of unimproved right-of-way of Landmark Drive;
and pass Ordinance 8383-13 on first reading. (VAC2013-02)
Eight residents of Elysium subdivision have collectively submitted a request to
vacate an unimproved portion of Landmark Drive right-of-way. The combined
property owned by the eight applicants abuts the entire west boundary of the
right-of-way proposed for vacation. The subject portion of Landmark Drive is a 40-
foot right-of-way approximately 1,300 feet long with its southern terminus at Union
Street. The right-of-way was created by a dedication in the Elysium plat in 1986.
At this time, the City has no plans to construct this roadway.
In addition, the property abutting the east boundary of the right-of-way is a 19.86-
acre parcel that the City has unsuccessfully attempted to purchase. The most
recent discussions occurred in September 2012, at which time a third party
entered into a contract with the owner for the purchase of the property. The
property is currently under contract. The property abutting the east boundary of
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the right-of way is located within unincorporated Pinellas County and is currently
being considered for development. The development could include improvement
of the right-of-way proposed for vacation. The developer has consulted with City
staff as the proposal may include City annexation of a completed subdivision. The
development is in the early planning stages and has not been submitted to City
staff for formal review. One of the applicants of the vacation request is a city
employee. The City, Progress Energy, Bright House and Knology each own and
maintain facilities in the right-of-way. The City will retain an easement over the
vacated area for use by the City, Bright House and Knology. All eight landowners
abutting the west boundary of the right-of-way will be required to convey
distribution easements to Progress Energy.
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.
In response to questions, Planning and Development Director Michael Delk said the
developer just applied for the development review process; staff has not completed the
review process. The City Attorney said the vacation request was submitted by the
neighborhood not the developer. The neighborhood has requested the City remove the
right-of-way over the 40 ft. strip of property, the City would retain easements for utilities;
the property would no longer be a public right-of-way or developable by the City for a
roadway.
In response to a suggestion, the City Attorney said if Council approves Item 7.1 and the
neighborhood and developer negotiate a compromise, Council would amend the
vacating ordinance and hold a new first and second reading. Should Council decide not
to vacate on second reading, Council may vote in opposition.
Seven individuals spoke in support, one individual spoke in opposition, and one
individual supported continuing the item.
Councilmember Doreen Hock-DiPolito moved to approve the request from eight owners
of real property within the City of Clearwater to vacate a portion of unimproved right-of-
way of Landmark Drive. The motion was duly seconded and carried unanimously.
Ordinance 8383-13 was presented and read by title only. Vice Mayor Paul Gibson
moved to pass Ordinance 8383-13 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 E. Polglaze.
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"Nays None.
8. Second Readings - Public Hearing
8.1 Adopt Ordinance 8376-13 on second reading, annexing certain real property
whose post office address is 1705 Evans Drive, into the corporate limits of the
city and redefining the boundary lines of the city to include said addition.
Ordinance 8376-13 was presented and read by title only. Councilmember Bill Jonson
moved to adopt Ordinance 8376-13 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 E. Polglaze.
"Nays None.
8.2 Adopt Ordinance 8377-13 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 1705 Evans Drive, upon
annexation into the City of Clearwater, as Residential Low (RL).
Ordinance 8377-13 was presented and read by title only. Councilmember Doreen
Hock-DiPolito moved to adopt Ordinance 8377-13 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 E. Polglaze.
"Nays None.
8.3 Adopt Ordinance 8378-13 on second reading, amending the Zoning Atlas of the
city by zoning certain real property whose post office address is 1705 Evans
Drive, upon annexation into the City of Clearwater, as Low Medium Density
Residential (LMDR).
Ordinance 8378-13 was presented and read by title only. Councilmember Jay E.
Polglaze moved to adopt Ordinance 8378-13 on second and final reading. The motion
was duly seconded and upon roll call, the vote was:
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'Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember
Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember
Jay E. Polglaze.
"Nays": None.
8.4 Adopt Ordinance 8379-13 on second reading, annexing certain real property
whose post office address is 1200 Aloha Lane, together with the abutting right-
of-way of Douglas Avenue, into the corporate limits of the city and redefining the
boundary lines of the city to include said addition.
Ordinance 8379-13 was presented and read by title only. Vice Mayor Paul Gibson
moved to adopt Ordinance 8379-13 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 E. Polglaze.
"Nays": None.
8.5 Adopt Ordinance 8380-13 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 1200 Aloha Lane, together
with the abutting right-of-way of Douglas Avenue, upon annexation into the City
of Clearwater, as Residential Urban (RU).
Ordinance 8380-13 was presented and read by title only. Councilmember Bill Jonson
moved to adopt Ordinance 8380-13 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 E. Polglaze.
"Nays": None.
8.6 Adopt Ordinance 8381-13 on second reading, amending the Zoning Atlas of the
city by zoning certain real property whose post office address is 1200 Aloha
Lane, together with the abutting right-of-way of Douglas Avenue, upon
annexation into the City of Clearwater, as Low Medium Density Residential
L( MDR).
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Ordinance 8381-13 was presented and read by title only. Councilmember Doreen
Hock-DiPolito moved to adopt Ordinance 8381-13 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 E. Polglaze.
"Nays None.
8.7 Adopt Ordinance 8374-13 on second reading, annexing certain real property
located on part of Sunset Point Road right-of-way and Hercules Avenue right-of-
way whose post office address is 1990 Sunset Point Road, into the corporate
limits of the city and redefining the boundary lines of the city to include said
addition.
Ordinance 8374-13 was presented and read by title only. Councilmember Jay E.
Polglaze moved to adopt Ordinance 8374-13 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 E. Polglaze.
"Nays None.
8.8 Adopt Ordinance 8384-13 on second reading, amending the future land use
element of the Comprehensive Plan of the city to designate the land use for
certain real property located on part of Sunset Point Road right-of-way and
Hercules Avenue right-of- way whose post office address is 1990 Sunset Point
Road, upon annexation into the City of Clearwater as Commercial General (CG).
Ordinance 8384-13 was presented and read by title only. Vice Mayor Paul Gibson
moved to adopt Ordinance 8384-13 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 E. Polglaze.
"Nays None.
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8.9 Adopt Ordinance 8385-13 on second reading, amending the Zoning Atlas of the
city by zoning certain real property located on part of Sunset Point Road right-of-
way and Hercules Avenue right-of- way whose post office address is 1990
Sunset Point Road, upon annexation into the City of Clearwater, as Commercial
Ordinance 8385-13 was presented and read by title only. Councilmember Bill Jonson
moved to adopt Ordinance 8385-13 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 E. Polglaze.
"Nays None.
8.10 Adopt Ordinance 8387-13 on second reading, amending the Operating Budget
for the Fiscal Year ending September 30, 2013 to reflect increases and
decreases in revenues and expenditures for the General Fund, Special
Development Fund, Special Program Fund, Water and Sewer Fund, Stormwater
Fund, Solid Waste Fund, Recycling Fund, Gas Fund, Marine Fund, Airpark Fund,
Clearwater Harbor Marina Fund, Parking Fund, Harborview Fund, General
Services Fund, Garage Fund, Administrative Services Fund, and Central
Insurance Fund.
Ordinance 8387-13 was presented and read by title only. Councilmember Doreen
Hock-DiPolito moved to adopt Ordinance 8387-13 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 E. Polglaze.
"Nays None.
8.11 Adopt Ordinance 8388-13 on second reading, amending the Capital
Improvement Budget for the Fiscal Year ending September 30, 2013, to reflect a
net increase of$10,149,548.
Ordinance 8388-13 was presented and read by title only. Councilmember Jay E.
Polglaze moved to adopt Ordinance 8388-13 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
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Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember
Jay E. Polglaze.
"Nays None.
9. Consent Agenda - Approved as submitted.
9.1 Award a contract (purchase order) to General Utilities Pipe and Supply in the
amount of$449.000 for gas steel pipe and fittings from April 1. 2013 through
March 31. 2014, and authorize the appropriate officials to execute same.
consent
9.2 Award a contract (purchase order) to General Utilities Pipe and Supply in the
amount of$417.000 for gas polyethylene pipe and fittings from April 1. 2013
through March 31. 2014, and authorize the appropriate officials to execute same.
consent
9.3 Award a contract (purchase order) to Elster American Meter in the amount of
$453.000 for gas meters and regulators from April 1. 2013 through March 31.
2014, and authorize the appropriate officials to execute same. (consent)
9.4 Approve a purchase order to Bright House Networks, Saint Petersburg. FL for
$311.544 for internet and network services to various city facilities for a 3-year
term with an extended end date of June 1. 2016, and authorize the appropriate
officials to execute same. (consent)
9.5 Award a contract (purchase order) to Precision Contracting Services, Inc..
Jupiter. Florida for installation of fiber optic cable and conduit in an amount not to
exceed $159.000 in accordance with the best response to RFP 09-13 for Fiber
Optic Cable Installation, Conduit Boring and Fiber Maintenance Services and
authorize the appropriate officials to execute same. (consent)
9.6 Award a Contract (Purchase Order) for$159.760.00 to Broyhill Inc. of Dakota
City. Nebraska for one Load and Pack Refuse Collection Vehicle, in accordance
with Sec. 2.5640)(b). Code of Ordinances - Sole Source, authorize lease
purchase under the City's Master Lease Purchase Agreement and authorize the
appropriate officials to execute same. (consent)
9.7 Award a Contract (Purchase Order) for$198.980.00 to Kenworth of Central
Florida of Orlando. FL for one Kenworth T800/T440 CNG - with Palfinger
Grapple Body, 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.
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consent
9.8 Award a Contract (Purchase Order) for$367.047.00 to Rush Truck Center of
Tampa. FL for two Peterbilt Model 384 Transfer Tractors, 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)
9.9 Approve Engineer of Record design Work Order to Kisinger Campo and
Associates of Tampa. Florida in the amount of$346.126 to prepare replacement
plans for four bridges in Island Estates (13-0004-EN) and authorize the
appropriate officials to execute same. (consent)
9.10 Award Construction Contract to TLC Diversified. Incorporated of Palmetto.
Florida for Lift Station 2 and 2A Rehabilitation (08-0050-UT) in the amount of
$337.645.00, which is the lowest responsible bid received in accordance with
plans and specifications, and authorize the appropriate officials to execute same.
consent
9.11 Award construction contract to TLC Diversified. Incorporated of Palmetto. Florida
for Lift Station 32 Rehabilitation (11-0062-UT) in the amount of$158.400.00,
which is the lowest responsible bid received in accordance with plans and
specifications, and authorize the appropriate officials to execute same. (consent)
9.12 Accept an Ingress/Egress Easement conveyed to the City of Clearwater by the
owners of real property within Lot 4, Renaissance Oaks First Addition, for use by
City service and utility providers. (consent)
9.13 Reappoint Thomas D. Black and Richard Porraro with terms to expire April 4.
2017: reappoint Edward O'Brien. Jr. with term to expire April 30. 2017: and
appoint William Bruce Brock to the Airpark Advisory Board with term to expire
April 30, 2017.
9.14 Reappoint Paul J. Kelley, Paul E. Lightfoot, and Eric D. Spaulding and appoint
Jane Davison Bongo to the Marine Advisory Board with terms to expire March
31. 2017.
9.15 Appoint Councilmembers as representatives to serve on various regional and
miscellaneous boards.
9.16 Amend Council Policy 18B to allow that Proclamations be issued to individuals,
companies, for profit organizations, profit making agencies, political
organizations or religious organizations for significant anniversary events.
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9.17 Authorize additional funding in the amount of$50.000 to Jeffrey Hinds of
Smolker. Bartlett, Schlosser. Loeb and, Hinds. P.A. for legal representation in
the cases of Divaco v City. Rudman V City, and Szlechta v. City. (consent)
9.18 Request for authority to institute a civil action on behalf of the City against K and
B Site Work. LLC, to recover $969.52 for damages to City property. (consent)
9.19 Request for authority to institute a civil action on behalf of the City against
Asphalt Engineering. Inc., to recover $4.314.01 for damages to City property.
consent
9.20 Request for authority to institute a civil action on behalf of the City against Space
Center. Inc., to recover $751.52 for damages to City property. (consent)
9.21 Request for authority to institute a civil action on behalf of the City against R.E.
Beckner Construction. Inc., to recover $1.429.54 for damages to City property.
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 Provide guidance on Crest Lake Park Redevelopment.
Current background on Crest Lake Park Level 1 maintenance, 52 services per
year, due to having a dog park. Funding in Neighborhood Park Renovations
CIP (Penny III) Fiscal Year 2017 - $650,000 Fiscal Year 2018 - $850,000
Annual operating maintenance cost $86,000. Contract maintenance for existing
restrooms $35,000, opening, closing and cleaning.
In response to questions, Parks and Recreation Director Kevin Dunbar said Marymont
Park is located off Airport Road, across from the Landings Golf Course. The facility's
athletic field is leased to the Clearwater Bombers; the organization has restroom access
during their athletic activities. Mr. Dunbar said the neighborhood park element at
Marymont Park does not have restroom facilities. The Youth League maintains the
restroom facilities at Countryside Community Park and Sid Lickton. The City maintains
the restrooms facilities at Eddie Moore Complex because the City operates the athletic
programs.
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It was stated that the Crest Lake area has an active neighborhood association and
should have access to the existing restroom facilities during a special event.
Vice Mayor Paul Gibson moved to demolish the restrooms at Crest Lake Park. The
motion was duly seconded.
One individual spoke in support and ten individuals spoke in opposition. Three
individuals supported opening the restrooms temporarily and one individual supported
renovating the park.
The Council recessed from 8:15 p.m. to 8:23 p.m.
In response to questions, Police Chief Anthony Holloway said complaints regarding
loitering and suspicious activities decreased when the restroom facilities were closed. If
the restrooms were reopened, officers would be reassigned to the Crest Lake Park area
to ensure sufficient patrol resources. Chief Holloway said one officer and one
neighborhood officer currently patrol the entire Crest Lake area. Crime in the area is
decreasing.
Discussion ensued with concerns expressed regarding funding renovations to convert
the existing facility into a regional park. Support was expressed for opening the
restroom facilities for special events.
Upon the vote being taken, Mayor George Cretekos, Vice Mayor Paul Gibson and
Councilmember Doreen Hock-DiPolito voted "Aye"; Councilmembers Bill Jonson and
Jay Polglaze voted "Nay".
Motion carried.
Councilmember Doreen Hock-DiPolito moved to authorize the use of General Fund
Reserves to demolish the Crest Lake Park restrooms for an amount not to exceed
$9,000. The motion was duly seconded. Mayor George Cretekos, Vice Mayor Paul
Gibson, and Councilmembers Doreen Hock-DiPolito and Bill Jonson voted "Aye";
Councilmember Jay Polglaze voted "Nay".
Motion carried.
In response to a question, Ms. Silverboard said $1.5 million in Penny for Pinellas funds
has been budgeted for Crest Lake Park improvements, which includes landscaping,
walkways, trails, and a fishing dock. Planned improvements do not include restroom
facilities or pavilions.
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Staff was directed to provide Council with recommended design elements and park
amenities for a renovated C�est Lake Park and estimated costs for each component.
10.2 Appointment of Vice Mayor
Councilmember poreen Hock-DiPolito moved to appoint Councilmember Paul Gibson
as Vice Mayor. The motion was duly seconded.
Councilmember Bilt Jonson expressed an interest to serve as Vice Mayor. He stated
that the role of vice mayor has traditionally rotated annually among councilmembers.
Upon the vote being taken, Mayor George Cretekos, Vice Mayor Pauf Gibson, and
Councilmembers Doreen Hock-DiPolito and Jay Polglaze voted "Aye"; Councilmember
Bill Jonson voted "Nay".
Motion carried.
Miscellaneous Reports and Items
11. Citv Manaaer Verbal Reaorts — None.
12. Closina Comments bv Mavor
Mayor George N. Cretekos reviewed recent and upcoming events.
13. Adiou�n
The meeting adjourned at 9:10 p.m.
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