03/05/2015 City Council Meeting Minutes March 5, 2015
City of Clearwater
City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
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Meeting Minutes
Thursday, March 5, 2015
6:00 PM
Council Chambers
City Council
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City of Clearwater
City Council Meeting Minutes March 5, 2015
Roll Call
Present: 5 - Mayor George N. Cretekos, Vice Mayor Doreen Hock-DiPolito,
Councilmember Bill Jonson, Councilmember Hoyt Hamilton and
Councilmember Jay E. Polglaze
Also Present: William B. Horne 11 - City Manager, Jill 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 listed in agenda order although not necessarily
discussed in that order.
1. Call to Order— Mayor Cretekos
The meeting was called to order at 6:00 p.m. at City Hall.
2. Invocation — Bishop George Klinger from The Church of Jesus Christ Latter-Day
Saints
3. Pledge of Allegiance — Councilmember Hamilton
4. Special recognitions and awards (Proclamations, service awards, or other
special recognitions) — Given.
4.1 Youth Arts Month Proclamation, March 2015 — Beth Daniels, Clearwater Arts Alliance
President
4.2 Clearwater for Youth Presentation — Kevin Dunbar, Parks and Recreation Director
Mr. Dunbar presented eight local students who were awarded scholarships.
4.3 US Coast Guard Awards
Non-Commissioned USCG Officer, Chief of the Year - Chief John Hamilton
Captain Rich Lorenzen - Commanding Officer
FSC John Hamilton - Chief Petty Officer of the Year
LT Meg Dillon - Officer of the Year
LCDR Micah Acree -Admin Officer Representative for Department of the Year
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City Council Meeting Minutes March 5, 2015
Karolina Vega— Coast Guardsman of the Year for Sand Key Station
Yeoman First Class Reanna Wack— Enlisted Person of the Year
Mayor Cretekos recognized the honorees and thanked them for their
dedicated service.
4.4 Florida Surveyors and Mappers Week Proclamation, March 15-21, 2015 — Tom Mahony,
Engineering
5. Approval of Minutes
5.1 Approve the minutes of the February 19, 2015 City Council Meeting as submitted in
written summation by the City Clerk.
Councilmember Jonson moved to approve the minutes of the
February 19, 2015 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
John Hood presented the City with a copy of the National Audubon
Society's Birds of America.
Lillie Henry reviewed recent activities at the Martin Luther King, Jr.
Neighborhood Center and encouraged all to visit the Center.
7. Consent Agenda — Approved as submitted.
7.1 Request authority to institute a civil action on behalf of the City against Future Works
Communication, Inc., to recover$10,601.46 for damages to city property. (consent)
7.2 Authorize settlement of Joshua Gold v. City of Clearwater, Case 14-3610-CI-15, for
payment by the City for $40,000.00 in exchange for full release from plaintiff and
dismissal of action with prejudice. (consent)
7.3 Approve an increase of$2,138,538 in the Clearwater Gas System (CGS) Fiscal Year
14/15 Dividend to the City General Fund and allocate $850,000 of this back to the
Clearwater Gas System for following: $810,000 to accelerate the CGS Antiquated
Main Replacement Program; and $40,000 for payment of Clearwater's July 4
Fireworks Sponsorship. (consent)
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7.4 Approve Event Agreement (Agreement) between the City and Beasley Media Group,
Inc. (Beasley) to use Coachman Park on March 7, 2015 to produce, organize and
coordinate an outdoor concert event known as Wild Splash and authorize the
appropriate officials to execute same. (consent)
7.5 Approve the purchase of excess property insurance, including Inland Marine, Boiler
and Machinery, and Terrorism coverages, from April 1, 2015 to April 1, 2016, at the
level of insurance provided for in this agenda item, at an amount not to exceed
$1,816,448, and authorize the appropriate officials to execute same. (consent)
7.6 Award a contract for utility rate study and other professional services for the five-year
period ending February 29, 2020, for the Water and Sewer; Stormwater; and Solid
Waste and Recycling utilities to Burton and Associates, Inc. for a not-to-exceed
amount of$329,000, and authorize the appropriate officials to execute same.
(consent)
Vice Mayor 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.
Public Hearings - Not before 6:00 PM
8. Administrative Public Hearings
8.1 Approve the request from Clearwater Academy, Inc. to vacate a portion of Prospect
Avenue, a public right-of-way; and pass Ordinance 8689-15 on first reading.
(VAC2015-01)
Clearwater Academy, Inc. has requested the vacation of the portion of
Prospect Street between Drew Street and Grove Street. The right-of-way is
20-ft. wide, which is substandard for traffic circulation. There are public and
private utilities located within the right-of-way. The City will retain a utility
easement over the vacated area and the ordinance requires the property
owners to grant easements to Duke Energy, Verizon Florida, Bright House
Networks and Knology of Central Florida (d.b.a. WOW!).
In response to a question, Real Estate Services Coordinator Chuck Lane said
Clearwater Academy owns the west side; the right-of-way will go to the east
side. The property owners on the east side will grant easements for utilities.
Councilmember Polglaze moved to approve the request from
Clearwater Academy, Inc. to vacate a portion of Prospect Avenue, a
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public right-of-way. The motion was duly seconded and carried
unanimously.
Ordinance 8689-15 was presented and read by title only.
Councilmember Hamilton moved to pass Ordinance 8689-15 on first
reading. The motion was duly seconded and upon roll call, the vote
was:
Ayes: 5 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember
Jonson, Councilmember Hamilton and Councilmember Polglaze
8.2 Approve the request from Yarab Holdings, LLC to vacate a portion of a platted
drainage easement; and pass Ordinance 8690-15 on first reading. (VAC2015-02)
Yarab Holdings, LLC has requested the drainage easement vacation for the
purpose of making improvements to property located at 407 Aurora Avenue.
Staff has reviewed the request; the City's Stormwater Division has no current
need and anticipates no future need for the easement for drainage purposes.
Councilmember Jonson moved to approve the request from Yarab
Holdings, LLC to vacate a portion of a platted drainage easement.
The motion was duly seconded and carried unanimously.
Ordinance 8690-15 was presented and read by title only. Vice
Mayor Hock-DiPolito moved to pass Ordinance 8690-15 on first
reading. The motion was duly seconded and upon roll call, the vote
was:
Ayes: 5 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember
Jonson, Councilmember Hamilton and Councilmember Polglaze
8.3 Approve the request from Prospect Park Development, LLC to vacate a portion of
Park Street, a public right-of-way; and pass Ordinance 8691-15 on first reading.
(VAC2015-03)
Prospect Park Development, LLC (Owner) has requested the right-of-way
vacation for the purpose of incorporating the vacated area into a proposed
development project in Downtown Clearwater. The Owner will be submitting a
plat for City approval over property including the vacated right-of-way. There
are public and private utilities located within the right-of-way. The ordinance is
contingent upon necessary easements being dedicated to the public by plat.
Vice Mayor Hock-DiPolito moved to approve the request from
Prospect Park Development, LLC to vacate a portion of Park Street,
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a public right-of-way. The motion was duly seconded and carried
unanimously.
Ordinance 8691-15 was presented and read by title only.
Councilmember Polglaze moved to pass Ordinance 8691-15 on first
reading. The motion was duly seconded and upon roll call, the vote
was:
Ayes: 5 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember
Jonson, Councilmember Hamilton and Councilmember Polglaze
9. Second Readings - Public Hearing
9.1 Adopt Ordinance 8656-15 on second reading, annexing certain real properties whose
post office addresses are 1331 Union Street, 1921 and 1938 Macomber Avenue,
1925 North Betty Lane, and 1927 and 1936 Chenango Avenue, all in Clearwater,
Florida 33755, together with certain right-of-way of The Mall, into the corporate limits
of the city and redefining the boundary lines of the city to include said addition.
Staff has provided a Motion to Amend: striking "not currently within the city, into
the corporate limits of the city," from the ordinance title (lines 10-12).
Ordinance 8656-15 was presented and read by title only.
Councilmember Hamilton moved to adopt Ordinance 8656-15 on
second and final reading. The motion was duly seconded.
Councilmember Jonson moved to amend Ordinance 8656-15 as
follows: "AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, ANNEXING CERTAIN REAL PROPERTIES
LOCATED GENERALLY SOUTH OF UNION STREET, EAST
OF DOUGLAS AVENUE, NORTH OF SUNSET POINT ROAD,
AND WEST OF KINGS HIGHWAY, WHOSE POST OFFICE
ADDRESSES ARE 1331 UNION STREET, 1921 AND 1938
MACOMBER AVENUE, 1925 NORTH BETTY LANE, AND 1927
AND 1936 CHENANGO AVENUE, ALL IN CLEARWATER,
FLORIDA 33755, TOGETHER WITH CERTAIN
RIGHT-OF-WAY OF THE MALL NOT CURRENTLY WITHIN
THE CITY, V INTO THE CORPORATE I CITY LIMITS OF THE CIT
T T r ,
INTO THE CORPORATE LIMITS OF THE CITY, AND
REDEFINING THE BOUNDARY LINES OF THE CITY TO
INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE
DATE."
The motion was duly seconded and carried unanimously.
Upon roll call, the vote to adopt Ordinance 8656-15 as amended
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City Council Meeting Minutes March 5, 2015
was:
Ayes: 5 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember
Jonson, Councilmember Hamilton and Councilmember Polglaze
9.2 Adopt Ordinance 8657-15 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 properties whose post office addresses are 1331 Union Street, 1921 and 1938
Macomber Avenue, 1925 North Betty Lane, and 1927 and 1936 Chenango Avenue,
all in Clearwater, Florida 33755, upon annexation into the City of Clearwater, as
Residential Urban (RU).
Staff has provided a Motion to Amend: striking, "together with certain
right-of-way of the mall not currently within the city" (lines 12-13).
Ordinance 8657-15 was presented and read by title only. Vice
Mayor Hock-DiPolito moved to adopt Ordinance 8657-15 on
second and final reading. The motion was duly seconded.
Councilmember Polglaze moved to amend Ordinance 8657- as
follows: "AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE FUTURE LAND USE PLAN
ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO
DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTIES
LOCATED GENERALLY SOUTH OF UNION STREET, EAST OF
DOUGLAS AVENUE, NORTH OF SUNSET POINT ROAD, AND
WEST OF KINGS HIGHWAY, WHOSE POST OFFICE
ADDRESSES ARE 1331 UNION STREET, 1921 AND 1938
MACOMBER AVENUE, 1925 NORTH BETTY LANE, AND 1927
AND 1936 CHENANGO AVENUE, ALL IN CLEARWATER,
FLORIDA 33755, TOGETHER WITH CERTAIN RIGHT_nr_��►TVA
OF THE MALL NOT CURRENTLY WITHIN THE CI TV UPON
ANNEXATION INTO THE CITY OF CLEARWATER, AS
RESIDENTIAL URBAN (RU); PROVIDING AN EFFECTIVE DATE."
The motion was duly seconded and carried unanimously.
Upon roll call, the vote to adopt Ordinance 8657-15 as amended
was:
Ayes: 5 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember
Jonson, Councilmember Hamilton and Councilmember Polglaze
9.3 Adopt Ordinance 8658-15 on second reading, amending the Zoning Atlas of the city
by zoning certain real properties whose post office addresses are 1331 Union Street,
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City Council Meeting Minutes March 5, 2015
1921 and 1938 Macomber Avenue, 1925 North Betty Lane, and 1927 and 1936
Chenango Avenue, all in Clearwater, Florida 33755, upon annexation into the City of
Clearwater as Low Medium Density Residential (LMDR).
Ordinance 8658-15 was presented and read by title only.
Councilmember Hamilton moved to adopt Ordinance 8658-15 on
second and final reading. The motion was duly seconded and upon
roll call, the vote was:
Ayes: 5 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember
Jonson, Councilmember Hamilton and Councilmember Polglaze
9.4 Adopt Ordinance 8659-15 on second reading, annexing certain real properties whose
post office addresses are 1920 North Betty Lane, 1925 Chenango Avenue, and 1936
Macomber Avenue, all in Clearwater, Florida 33755, along with certain right-of-way of
North Betty Lane, into the corporate limits of the city and redefining the boundary lines
of the city to include said addition.
Ordinance 8659-16 was presented and read by title only.
Councilmember Jonson moved to adopt Ordinance 8659-15 on
second and final reading. The motion was duly seconded and upon
roll call, the vote was:
Ayes: 5 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember
Jonson, Councilmember Hamilton and Councilmember Polglaze
9.5 Adopt Ordinance 8660-15 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 properties whose post office addresses are 1920 North Betty Lane, 1925
Chenango Avenue, and 1936 Macomber Avenue, all in Clearwater, Florida 33755,
upon annexation into the City of Clearwater, as Residential Urban (RU).
Ordinance 8660-15 was presented and read by title only. Vice
Mayor Hock-DiPolito moved to adopt Ordinance 8660-15 on second
and final reading. The motion was duly seconded and upon roll
call, the vote was:
Ayes: 5 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember
Jonson, Councilmember Hamilton and Councilmember Polglaze
9.6 Adopt Ordinance 8661-15 on second reading, amending the Zoning Atlas of the city
by zoning certain real properties whose post office addresses are 1920 North Betty
Lane, 1925 Chenango Avenue, and 1936 Macomber Avenue, all in Clearwater,
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City Council Meeting Minutes March 5, 2015
Florida 33755, upon annexation into the City of Clearwater as Low Medium Density
Residential (LMDR).
Ordinance 8661-15 was presented and read by title only.
Councilmember Polglaze moved to adopt Ordinance 8661-15 on
second and final reading. The motion was duly seconded and upon
roll call, the vote was:
Ayes: 5 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember
Jonson, Councilmember Hamilton and Councilmember Polglaze
9.7 Adopt Ordinance 8662-15 on second reading, annexing certain real property whose
post office address is 1930 Macomber Avenue, Clearwater, Florida 33755, together
with all right-of-way of Macomber Avenue, into the corporate limits of the city and
redefining the boundary lines of the city to include said addition.
Ordinance 8662-15 was presented and read by title only.
Councilmember Hamilton moved to adopt Ordinance 8662-15 on
second and final reading. The motion was duly seconded and upon
roll call, the vote was:
Ayes: 5 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember
Jonson, Councilmember Hamilton and Councilmember Polglaze
9.8 Adopt Ordinance 8663-15 on second reading, amending the future land use plan
element of the Comprehensive Plan of the city to designate the land use for annexing
certain real property whose post office address is 1930 Macomber Avenue,
Clearwater, Florida 33755, upon annexation into the City of Clearwater, as Residential
Urban (RU).
Ordinance 8663-15 was presented and read by title only.
Councilmember Jonson moved to adopt Ordinance 8663-15 on
second and final reading. The motion was duly seconded and upon
roll call, the vote was:
Ayes: 5 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember
Jonson, Councilmember Hamilton and Councilmember Polglaze
9.9 Adopt Ordinance 8664-15 on second reading, amending the Zoning Atlas of the city
by zoning annexing certain real property whose post office address is 1930 Macomber
Avenue, Clearwater, Florida 33755, upon annexation into the City of Clearwater, as
Low Medium Density Residential (LMDR).
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Ordinance 8664-15 was presented and read by title only. Vice
Mayor Hock-DiPolito moved to adopt Ordinance 8664-15 on second
and final reading. The motion was duly seconded and upon roll
call, the vote was:
Ayes: 5 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember
Jonson, Councilmember Hamilton and Councilmember Polglaze
9.10Adopt Ordinance 8665-15 on second reading, annexing certain real properties whose
post office addresses are 1753 and 1756 Evans Drive, 1773 Owen Drive, 1800
Cardinal Drive, 2634 Woodring Drive, and 2735/2737 South Drive, all in Clearwater,
Florida 33759, together with certain rights-of-way of Evans Drive and South Drive, into
the corporate limits of the city and redefining the boundary lines of the city to include
said addition.
Staff has provided a Motion to Amend: replacing the word Route in the
ordinance title with Road.
Ordinance 8665-15 was presented and read by title only.
Councilmember Polglaze moved to adopt Ordinance 8665-15 on
second and final reading. The motion was duly seconded.
Councilmember Hamilton moved to amend Ordinance 8665-15 as
follows: "AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, ANNEXING CERTAIN REAL PROPERTIES
LOCATED GENERALLY SOUTH OF SUNSET POINT ROAD,
EAST OF US HIGHWAY 19, NORTH OF STATE ROAD
ROUTE 590, AND WEST OF EL TRINIDAD DRIVE, WHOSE
POST OFFICE ADDRESSES ARE 1753 AND 1756 EVANS
DRIVE, 1773 OWEN DRIVE, 1800 CARDINAL DRIVE, 2634
WOODRING DRIVE, AND 2735/2737 SOUTH DRIVE, ALL IN
CLEARWATER, FLORIDA 33759, TOGETHER WITH CERTAIN
RIGHT-OF-WAYS OF EVANS DRIVE AND SOUTH DRIVE,
INTO THE CORPORATE LIMITS OF THE CITY, AND
REDEFINING THE BOUNDARY LINES OF THE CITY TO
INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE
DATE."
The motion was duly seconded and carried unanimously.
Upon roll call, the vote to adopt Ordinance 8665-15 as amended
was:
Ayes: 5 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember
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Jonson, Councilmember Hamilton and Councilmember Polglaze
9.11Adopt Ordinance 8666-15 on second reading, amending the future land use plan
element of the Comprehensive Plan of the city to designate the land use for annexing
certain real properties whose post office addresses are 1753 and 1756 Evans Drive,
1773 Owen Drive, 1800 Cardinal Drive, 2634 Woodring Drive, and 2735/2737 South
Drive, all in Clearwater, Florida 33759, upon annexation into the City of Clearwater, as
Residential Low, (RL), Residential Medium (RM) and Preservation(P)/Drainage
Feature Overlay.
Staff has provided a Motion to Amend: replacing the word Route in the
ordinance title with Road.
Ordinance 8666-15 was presented and read by title only.
Councilmember Jonson moved to adopt Ordinance 8666-15 on
second and final reading. The motion was duly seconded.
Vice Mayor Hock-DiPolito moved to amend Ordinance 8666-15 as
follows: "AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT
OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE
THE LAND USE FOR CERTAIN REAL PROPERTIES LOCATED
GENERALLY SOUTH OF SUNSET POINT ROAD, EAST OF US
HIGHWAY 19, NORTH OF STATE ROAD ROUTE 590, AND WEST
OF EL TRINIDAD DRIVE, WHOSE POST OFFICE ADDRESSES
ARE 1753 AND 1756 EVANS DRIVE, 1773 OWEN DRIVE, 1800
CARDINAL DRIVE, 2634 WOODRING DRIVE, AND 2735/ 2737
SOUTH DRIVE, ALL IN CLEARWATER, FLORIDA 33759, UPON
ANNEXATION INTO THE CITY OF CLEARWATER, AS
RESIDENTIAL LOW (RL), RESIDENTIAL MEDIUM (RM) AND
PRESERVATION (P)/DRAINAGE FEATURE OVERLAY; PROVIDING
AN EFFECTIVE DATE."
The motion was duly seconded and carried unanimously.
Upon roll call, the vote to adopt Ordinance 8666-15 as amended was:
Ayes: 5 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember
Jonson, Councilmember Hamilton and Councilmember Polglaze
9.12Adopt Ordinance 8667-15 on second reading, amending the Zoning Atlas of the city
by zoning annexing certain real properties whose post office addresses are 1753 and
1756 Evans Drive, 1773 Owen Drive, 1800 Cardinal Drive, 2634 Woodring Drive, and
2735/2737 South Drive, all in Clearwater, Florida 33759, upon annexation into the City
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City Council Meeting Minutes March 5, 2015
of Clearwater, as Low Medium Density Residential (LMDR), Medium Density
Residential (MDR) and Preservation (P).
Staff has provided a Motion to Amend: replacing the work Route in the
ordinance title with Road.
Ordinance 8667-15 was presented and read by title only.
Councilmember Polglaze moved to adopt Ordinance 8667-15 on
second and final reading. The motion was duly seconded.
Councilmember Hamilton moved to amend Ordinance 8667-15 as
follows: "AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY
ZONING CERTAIN REAL PROPERTIES LOCATED GENERALLY
SOUTH OF SUNSET POINT ROAD, EAST OF US HIGHWAY 19,
NORTH OF STATE ROAD ROUTE 590, AND WEST OF EL
TRINIDAD DRIVE, WHOSE POST OFFICE ADDRESSES ARE 1753
AND 1756 EVANS DRIVE, 1773 OWEN DRIVE, 1800 CARDINAL
DRIVE, 2634 WOODRING DRIVE, AND 2735/ 2737 SOUTH DRIVE,
ALL IN CLEARWATER, FLORIDA 33759, UPON ANNEXATION
INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY
RESIDENTIAL (LMDR), MEDIUM DENSITY RESIDENTIAL (MDR),
AND PRESERVATION (P); PROVIDING AN EFFECTIVE DATE."
The motion was duly seconded and carried unanimously.
Upon roll call, the vote to adopt Ordinance 8667-15 as amended
was:
Ayes: 5 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember
Jonson, Councilmember Hamilton and Councilmember Polglaze
9.13Adopt Ordinance 8668-15 on second reading, annexing certain real properties whose
post office addresses are 2116 Burnice Drive, 2152 Burnice Drive, and 2106 Pleasant
Parkway, all in Clearwater, Florida 33764, together with all right-of-way of Burnice
Drive abutting Lot 8, into the corporate limits of the city and redefining the boundary
lines of the city to include said addition.
Ordinance 8668-15 was presented and read by title only.
Councilmember Jonson moved to adopt Ordinance 8668-15 on
second and final reading. The motion was duly seconded and upon
roll call, the vote was:
Ayes: 5 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember
Jonson, Councilmember Hamilton and Councilmember Polglaze
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City Council Meeting Minutes March 5, 2015
9.14Adopt Ordinance 8669-15 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 properties whose post office addresses are 2116 Burnice Drive, 2152 Burnice
Drive, and 2106 Pleasant Parkway, all in Clearwater, Florida 33764, upon annexation
into the City of Clearwater, as Residential Low (RL).
Ordinance 8669-15 was presented and read by title only. Vice
Mayor Hock-DiPolito moved to adopt Ordinance 8669-15 on second
and final reading. The motion was duly seconded and upon roll
call, the vote was:
Ayes: 5 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember
Jonson, Councilmember Hamilton and Councilmember Polglaze
9.15Adopt Ordinance 8670-15 on second reading, amending the Zoning Atlas of the city
by zoning certain real properties whose post office addresses 2116 Burnice Drive,
2152 Burnice Drive, and 2106 Pleasant Parkway, all in Clearwater, Florida 33764,
upon annexation into the City of Clearwater as Low Medium Density Residential
(LMDR).
Ordinance 8670-15 was presented and read by title only.
Councilmember Polglaze moved to adopt Ordinance 8670-15 on
second and final reading. The motion was duly seconded and upon
roll call, the vote was:
Ayes: 5 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember
Jonson, Councilmember Hamilton and Councilmember Polglaze
9.16Adopt Ordinance 8671-15 on second reading, annexing certain real property whose
post office address is 1940 Macomber Avenue, Clearwater, Florida 33755, into the
corporate limits of the city and redefining the boundary lines of the city to include said
addition.
Ordinance 8671-15 was presented and read by title only.
Councilmember Hamilton moved to adopt Ordinance 8671-15 on
second and final reading. The motion was duly seconded and upon
roll call, the vote was:
Ayes: 5 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember
Jonson, Councilmember Hamilton and Councilmember Polglaze
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City Council Meeting Minutes March 5, 2015
9.17Adopt Ordinance 8672-15 on second reading, amending the future land use plan
element of the Comprehensive Plan of the city to designate the land use for annexing
certain real property whose post office address is 1940 Macomber Avenue,
Clearwater, Florida 33755, upon annexation into the City of Clearwater, as Residential
Urban (RU).
Ordinance 8672-15 was presented and read by title only.
Councilmember Jonson moved to adopt Ordinance 8672-15 on
second and final reading. The motion was duly seconded and upon
roll call, the vote was:
Ayes: 5 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember
Jonson, Councilmember Hamilton and Councilmember Polglaze
9.18Adopt Ordinance 8673-15 on second reading, amending the Zoning Atlas of the city
by zoning annexing certain real property whose post office address is 1940 Macomber
Avenue, Clearwater, Florida 33755, upon annexation into the City of Clearwater, as
Low Medium Density Residential (LMDR).
Ordinance 8673-15 was presented and read by title only. Vice
Mayor Hock-DiPolito moved to adopt Ordinance 8673-15 on second
and final reading. The motion was duly seconded and upon roll
call, the vote was:
Ayes: 5 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember
Jonson, Councilmember Hamilton and Councilmember Polglaze
10. City Manager Reports
10.1 Create a Nuisance Abatement Board with the authority to abate nuisances on
premises where specified illegal activity is occurring, such as activity involving the
unlawful use of drugs and prostitution and pass Ordinance 8692-15 on first reading.
Section 893.138, Florida Statutes, authorizes a municipality to create an
administrative board with the authority to issue orders abating nuisances on
premises where specified illegal activity is occurring, such as activity involving
the unlawful use of drugs and prostitution.
Section 893.138, Florida Statutes, also authorizes municipalities to adopt
ordinances imposing penalties for public nuisances, including fines not to
exceed $250 per day, including investigative costs and reasonable attorney
fees associated with investigations of and hearings on public nuisances;
providing for continuing jurisdiction for a period of 1 year over any place or
premises that has been or is declared to be a public nuisance; establishing
penalties, including fines not to exceed $500 per day for recurring public
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City Council Meeting Minutes March 5, 2015
nuisances; providing for the recording of orders on public nuisances so that
notice must be given to subsequent purchasers, successors in interest, or
assigns of the real property that is the subject of the order; providing that
recorded orders on public nuisances may become liens against the real
property that is the subject of the order; and providing for the foreclosure of
non-homestead property subject to a lien and the recovery of all costs,
including reasonable attorney fees, associated with the recording of orders and
foreclosure.
In response to questions, the City Attorney said Council would appoint
the members to the Board and follow the same process as other
advisory boards, per city code. Assistant City Attorney Rob Surette said seven
members is a good numbered board and allows quorum to be attained easily.
Individuals may not serveconcurrently on two boards.
Councilmember Polglaze moved to create a Nuisance Abatement
Board with the authority to abate nuisances on premises where
specified illegal activity is occurring, such as activity involving the
unlawful use of drugs and prostitution. The motion was duly
seconded and carried unanimously.
Ordinance 8692-15 was presented and read by title only.
Councilmember Jonson moved to pass Ordinance 8692-15 on first
reading. The motion was duly seconded and upon roll call, the vote
was:
Ayes: 5 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember
Jonson, Councilmember Hamilton and Councilmember Polglaze
10.2Accept the conveyance of real property located in the North 1/2 of the Southeast 1/4
of Section 32, Township 28 South, Range 16 East from Pinellas County for the
purpose of expanding recreational facilities at Lake Chautauqua Equestrian and
Nature Preserve and adopt Resolution 15-07.
In 2007, the City acquired the Lake Chautauqua Equestrian and Nature
Preserve through the assistance of the Florida Communities Trust program.
The park was recently developed with trails and other amenities and opened to
the public for recreational use.
City staff submitted a vacation request to Pinellas County for the undeveloped
right-of-way to the north, south and east sides of the Lake Chautauqua
Equestrian and Nature Preserve.
The vacation request to release the right-of-way was granted by the Pinellas
County Board of Commissioners on January 13, 2015. The County was the
owner in fee title to the subject right-of-way which is located adjacent to
City-owned property. When the County releases right-of-way to which they own
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City of Clearwater
City Council Meeting Minutes March 5, 2015
the underlying fee title, their process includes deeding the property to the
adjacent land owner.
This agenda item accepts that conveyance of real property from Pinellas
County.
Since the property is already being utilized as a park, no additional costs will be
incurred due to the conveyance of this property.
Councilmember Jonson moved to accept the conveyance of real
property located in the North 1/2 of the Southeast 1/4 of Section 32,
Township 28 South, Range 16 East from Pinellas County for the
purpose of expanding recreational facilities at Lake Chautauqua
Equestrian and Nature Preserve. The motion was duly seconded
and carried unanimously.
Resolution 15-07 was presented and read by title only. Vice Mayor
Hock-DiPolito moved to adopt Resolution 15-07. The motion was
duly seconded and upon roll call, the vote was:
Ayes: 5 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember
Jonson, Councilmember Hamilton and Councilmember Polglaze
10.3Approve a ULI recommendation to create a Stakeholders Advisory Group of no less
than 13 members and have staff identify proposed members recommended by the
stakeholder groups.
The ULI Panel Report recommended creation of an "umbrella advisory group
with representation from all the other stakeholder organizations and civic
groups" to "create a forum for the discussion of issues with the City and their
development partners that involves a cross section of community interests."
However, there has been concern expressed by some Downtown organization
members that the Public Meetings Law limitations on a City-created committee
structure could discourage participation, due to the restriction on members
discussing issues among themselves, which a City-created committee has
before them for consideration. This is felt to be particularly relevant in the
Downtown, due to frequent multiple memberships on Downtown committees
and the fact that the organization agendas/topics would mirror the issues
discussed by a ULI Report focused committee.
Additionally, some sentiment has been expressed that the restrictions of the
Public Meetings Law could discourage the frank expression of opinions and/or
discussion of sensitive issues necessary to achieve the objectives of the ULI
Study and Downtown redevelopment.
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City of Clearwater
City Council Meeting Minutes March 5, 2015
At the November 12, 2014 Special Work Session, staff committed to review
options for a committee structure and make same available to the Council for
consideration at the January 21, 2015 Special Work Session. Staff provided
Council with a matrix that summarized staff's review.
Subsequently, at the January 21 Special Work Session, the City Council
expressed preliminary interest in an advisory group structure similar to that
anticipated by the ULI panel, operating within the Public Meetings Law , and
requested staff to develop a possible structure for the Stakeholder Advisory
Group accordingly.
Staff looks forward to Council direction on whether this structure meets Council
expectations for the stakeholder input component, or whether further
discussion/research is desired.
Assistant City Manager Rod Irwin said the ULI Panel assessed the East
Gateway, Downtown, the Bluff, and the north Marina areas and provided
recommendations based on their professional experience. It is up to the
community to decide which recommendations will work. Many of the
stakeholder representatives have expressed concerns with a
council-appointed board, as the Sunshine Law will constrain them from
interacting as they are active in more than one stakeholder group.
In response to a question, the City Attorney said that Council may reconvene a
meeting with the CRA/DDB, and include the Clearwater Regional Chamber of
Commerce (Chamber) and ask for their advice on the stakeholders group
recommendation. The meeting would be open to the public.
There was consensus to reconvene a meeting with the CRA and DDB, and
invite the Chamber. Staff was directed to schedule the meeting, invite the
Clearwater Downtown Partnership, and include the PowerPoint presentation
used at the original ULI presentation to Council with updates to the status of
the priorities.
In response to concerns, the City Attorney said individuals may provide input
to Council at any time. Should Council appoint an advisory group, the
members would be subject to the Sunshine Law.
Mr. Irwin said a ferry service for Clearwater Beach employees will launch soon
from the Downtown Marina, which was a ULI recommendation.
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City of Clearwater
City Council Meeting Minutes March 5, 2015
11. City Attorney Reports — None.
12. Other Council Action
12.1 Undergrounding of power lines on Poinsettia in front of Pelican Walk Parking Ramp -
Councilmember Jonson
Councilmember Jonson presented a suggested change to the Community
Development Code, Section 3-912,"...Wherever the development results in
front zero setback buildings, then any existing above ground utilities located
between the street and the building shall be undergrounded or relocated to the
rear of the property."
Councilmember Jonson moved to amend the Community Development Code,
Section 3-912, as suggested above. The motion was duly seconded.
Discussion ensued with concerns expressed regarding amending the city
code to address a site-specific situation and to place the burden of
undergrounding on a developer. It was stated that Duke Energy has provided
a cost estimate and City could identify a funding source to underground
utilities on Poinsettia.
In response to questions, the City Attorney said if approved, the proposed
code amendment would not apply to the Pelican Walk project. Council may
request the developer to underground the utilities if a request to amend the
development agreement is considered. Assistant City Manager Jill Silverboard
said the parking revenue is an undesignated revenue, Council determines its
use. The City Attorney said Council may use funds to take infrastructure steps
to implement Beach by Design.
There was no consensus to pursue the code amendment. Councilmember
Jonson withdrew his motion.
13. Closing comments by Councilmembers (limited to 3 minutes)
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City of Clearwater
City Council
14. Closing Comments by Mayor
15. Adjourn
Attest
City Clerk
City of Clearwater
Meeting Minutes March 5, 2015
Mayor Cretekos reviewed recent and upcoming events and urged all to vote
for Clearwater as Best Beach at www.10best.com.
The meeting adjourned at 7:47 p.m.
,- cieortcncrckk-o;
Mayor
City of Clearwater
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