04/04/2007
CITY COUNCIL MEETING MINUTES
CITY OF CLEARWATER
April 4, 2007
Present: Frank Hibbard Mayor
Carlen Petersen Vice-Mayor
John Doran Councilmember
George N. Cretekos Councilmember
Paul Gibson Councilmember
Also present: William B. Horne II City Manager
Rod Irwin Assistant City Manager
Pamela K. Akin City Attorney
Cynthia E. Goudeau City Clerk
Patricia O. Sullivan Board Reporter
The Mayor called the meeting to order at 6:00 p.m. at City Hall. The invocation was
offered by Senior Chaplain Ken Link of Lakeview Baptist Church. The Mayor led the Pledge of
Allegiance.
To provide continuity for research, items are in agenda order although not
necessarily discussed in that order.
4.1 - Farewell to Bill Jonson and J.B. Johnson
Councilmembers, the City Manager, and City Attorney presented farewell gifts and made
parting remarks to Councilmembers Jonson and Johnson, who thanked their families,
Councilmembers, and staff for their support.
The Council recessed from 6:38 to 6:45 p.m.
4.2 - Administer Oath of Office to newly elected Councilmembers
The City Clerk administered the Oath of Office to Councilmembers Petersen, Cretekos,
and Gibson. Family members of and other significant people to the new Councilmembers were
introduced and were thanked for their support.
4.3 - Proclamation: Water Conservation Month – April 2007
4.4 – Proclamation: Fair Housing Month – April 2007
4.5 – Proclamation: Celebrate Clearwater Neighborhoods Week 2007 – April 9 - 14
4.6 - Future of the Region Awards
Two second-place TBRPC (Tampa Bay Regional Planning Council) Future of the Region
awards were presented to the City for environmental work at the Glen Oaks Stormwater
Management project and infrastructure efforts for the Memorial Causeway Bridge.
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4.7 - 2007 Healthy Hero Award - The Patel Foundation for Global Understanding
The City was presented one of the 2007 Healthy Hero Awards for its Healthy Choices
program.
4.8 - Budget Task Force Report
The scope of review included: 1) The City’s General Fund; 2) Employee pay and
benefits; 3) Property & Liability Insurance; 4) Public Safety Departments; 5) Quality of Life
Departments; and 6) State legislative issues. The Objective was to provide a means for a
diverse group of citizens to come together and provide educated recommendations to the
Council by identifying: 1) Non-essential services and 2) Programs or projects for reduction or
elimination.
Budget Task Force recommendations to the City Council: 1) Budgeted Expenditures -
Consider self-imposed cap on annual General Fund budgeted expenditures to CPI (Consumer
Price Index) plus 1%; 2) City Infrastructure - Maintain existing structures, limit growth of
additional facilities and parks requiring additional FTEs (Full-Time Equivalent), and do not
construct proposed Senior Center facility, instead use existing facilities for senior activities; 3)
Employee Benefits - Limit increases to 3% level of revenue increases, freeze or cap health
insurance contribution; reevaluate union contract provisions, and evaluate vacation/sick day
policy, buyout program for retirement eligible employees, and pension alternatives, and
emphasize subcontracting by considering liability factors when evaluating costs; 4) Pension
Plan – In 2008, use $6 million of “set aside credit” to fund plan and fund pension plan from $1.5
million previously used to fund Fireman’s pension fund; 5) Property Insurance - consider
eliminating or reducing wind coverage, use reserves to increase self insurance limits, and
pursue pooling concepts; 6) Beach Library - eliminate freestanding beach library, consolidate
with beach recreation center, closing it if impractical to consolidate; 7) Take-Home Vehicles –
limit to Pinellas County and do not use as perks; 8) City Fleets - Task Force Police fleet
evaluation reflected potential savings of 25%, perform detailed use study of all City fleets, and
emphasize elimination of take-home vehicles; 9) City Reserves - prohibit using reserves for FTE
costs; 10) FTE Positions - discontinue practice of transferring FTEs from Enterprise Funds to
General Fund; 11) Management Staff - review ratio of Fire Chiefs to firefighters and examine
staff ratios in all major departments; 12) Public Communications - consolidate all public
communications positions into one department; 13) Parks & Recreation Budget - reduce by
approximately 5%; 14 – Firefighter Volunteer Service - institute firefighter volunteer service and
incentive program to provide additional staffing as needed; 15 – Fire Plans Examiner – eliminate
Fire Plans Examiner position; and 16 – Subsidies & Contributions - review and evaluate annual
contribution programs on annual basis, i.e. Ruth Eckerd Hall, Harborview, Long Center, and
BrightHouse Fields.
In response to a question, Task Force Chair Nathan Hightower said the Task Force had
recommended retaining the Morningside Recreation Center as the facility already exists and its
reconstruction would not increase the number of FTEs.
It was questioned if the report’s recommendation to use reserves to pay down the City’s
Pension fund obligation conflicts with its opposition to using reserves for FTEs. Task Force
Member Herb McLachlan said reserves were substantial and suggested it be a set aside credit.
Finance Director Margie Simmons reviewed the one-time use of reserves to fund a one-year
Council 2007-04-04 2
extension for police officers as required by a grant. It was recommended that staff review ratios
of firefighters to chiefs and the proposed volunteer program.
Discussion ensued. Mr. Hightower said the Task Force had significant discussions on
consolidating libraries and recreation centers. Discussions regarding the elimination of the
Senior Center project did not include adding programming at existing facilities or need for new
FTEs. Mr. McLachlan said when emphasizing use of subcontractors, the Task Force had
recommended considering liability factors include Worker’s Comp, Health Insurance, etc.
A recommendation that a permanent committee be formed and that the City adopt a
zero-based budget process was made. The City Manager indicated no action is being
requested this evening and the recommendations will be discussed at future budget meetings.
Task Force Members were thanked for their efforts and invited to continue being active
in City issues.
5 - Approval of Minutes
5.1 Approve the minutes of the March 15, 2007 City Council Meeting and the March 21, 2007
Special Meeting as submitted in written summation by the City Clerk.
Councilmember Doran moved to approve the minutes of the March 15, 2007 City
Council and the March 21, 2007 Special Meeting, as recorded and submitted in written
motion
summation by the City Clerk to each Councilmember. The was duly seconded and
carried
unanimously
6 - Citizens to be Heard re Items Not on the Agenda
John Wiser offered new Councilmembers a tour of Countryside and spoke in support of
the aquatics center and replacing the library.
John Walter, FOP (Fraternal Order of Police) president, reported on Officer Dawson’s
heroism following last night’s serious accident that left him critically injured.
Steve Sarnoff, CWA (Communications Workers of America) president, thanked
departing Councilmembers and welcomed new ones, and spoke in support of a defined benefit
pension plan.
Jesse Sherman encouraged teens to attend the April 14, 2007, Ideas to Action event at
the Sheraton Sand Key, hosted by GotGov.
Public Hearings - Not before 6:00 PM
7 - Administrative Public Hearings
7.1 Approve the Annexation, Initial Land Use Plan Designation of Residential Low (RL) and
Preservation (P), and Initial Zoning Atlas Designations of Low Medium Density Residential
(LMDR) District and Preservation (P) District for 2115 Pleasant Parkway (Lot 4, Pleasant Ridge
Council 2007-04-04 3
Estates; Section 24-29-15); and Pass Ordinances 7792-07, 7793-07, & 7794-07 on first reading.
(ANX2006-12040)
This voluntary annexation petition involves a 0.35-acre property consisting of one parcel
of land occupied by a single-family dwelling. It is located on the west side of Pleasant Parkway,
approximately 100 feet south of the intersection of Bell Cheer Drive and Pleasant Parkway. The
applicant is requesting this annexation in order to receive sanitary sewer and solid waste
service from the City. The property is located within an enclave and is contiguous to existing
City boundaries to the east. It is proposed that the property be assigned Future Land Use Plan
designations of Residential Low (RL) and Preservation (P) and zoning categories of Low
Medium Density Residential (LMDR) and Preservation (P).
The Planning Department determined that the proposed annexation is consistent with
the provisions of Community Development Code Section 4-604.F and Pinellas County
Ordinance 00-63 as follows: 1) The closest sanitary sewer line is located to the rear of the
property and the applicant has paid the City's sewer impact and assessment fees and is aware
of the additional costs to extend City sewer service to this property; 2) Collection of solid waste
will be provided by the City of Clearwater; 3) The property is located within Police District III and
service will be administered through the district headquarters located at 2851 N. McMullen-
Booth Road; 4) Fire and emergency medical services will be provided to this property by Station
48 located at 1700 N. Belcher Road; 5) The City has adequate capacity to serve this property
with sanitary sewer, solid waste, police, fire and EMS service; 6) The proposed annexation will
not have an adverse effect on public facilities and their levels of service; and 7) The proposed
annexation is consistent with and promotes the following objective of the Clearwater
Comprehensive Plan: a) Objective 2.4 - Compact urban development within the urban service
area shall be promoted through application of the Clearwater Development Code; b) The
proposed RL and P Future Land Use Plan categories are consistent with the current
Countywide Plan designation of this property; c) The RL designation primarily permits
residential uses at a density of 5 units per acre; d) The proposed zoning districts to be assigned
to the property are the Low Medium Density Residential (LMDR) District and Preservation (P)
District; and e) The use of the subject property is consistent with the uses allowed in both the P
and the LMDR Districts, and the property exceeds the LMDR District’s minimum dimensional
requirements.
The proposed annexation is therefore consistent with the Countywide Plan, City’s
Comprehensive Plan and Community Development Code; and The property proposed for
annexation is located within an enclave, is contiguous to existing municipal boundaries and is
within the City’s urban service area; therefore the annexation is consistent with Section (1)(a) of
Pinellas County Ordinance 00-63 which governs annexation and meets the applicable
requirements of Florida Statutes 171. The Pinellas Planning Council (PPC) staff has reviewed
this annexation and no objections were raised.
Councilmember Doran moved to approve the Annexation, Initial Land Use Plan
Designation of Residential Low (RL) and Preservation (P), and Initial Zoning Atlas Designations
of Low Medium Density Residential (LMDR) District and Preservation (P) District for 2115
motion
Pleasant Parkway (Lot 4, Pleasant Ridge Estates; Section 24-29-15). The was duly
carried
seconded and unanimously.
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Ordinance 7792-07 was presented for first reading and read by title only.
Councilmember Cretekos moved to pass Ordinance 7792-07 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Petersen, Doran, Cretekos, Gibson, and Hibbard.
"Nays": None.
Ordinance 7793-07 was presented for first reading and read by title only.
Councilmember Gibson moved to pass Ordinance 7793-07 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Petersen, Doran, Cretekos, Gibson, and Hibbard.
"Nays": None.
Ordinance 7794-07 was presented for first reading and read by title only.
Councilmember Petersen moved to pass Ordinance 7794-07 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Petersen, Doran, Cretekos, Gibson, and Hibbard.
"Nays": None.
8 - Second Readings - Public Hearing
8.1 - Adopt Ordinance 7789-07 on second reading to amend Appendix A, Schedule of Fees,
Rates and Charges, Section XI, Parks, Beaches, Recreation, as it relates to deleting specific
rental fees for parks and recreation facilities.
Ordinance 7789-07 was presented for second reading and read by title only.
Councilmember Doran moved to pass and adopt Ordinance 7789-07 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Petersen, Doran, Cretekos, Gibson, and Hibbard.
"Nays": None.
8.2 - Adopt Ordinance 7801-07 on second reading vacating the 60-foot right-of-way of Florida
Avenue lying south of and adjacent to the south right-of-way line of Gulf-to-Bay Boulevard
(State Road 60, a 100-foot right-of-way), and north of the 30-foot westerly extension of the
south line of said Lot 8, Block “A” and the 30-foot easterly extension of the south line of said Lot
7, Block “B”; Suburb Beautiful as more particularly described in the ordinance and vacate the 2-
foot utility easements lying along the rear of Lots 2, 3, 4, 5, 6 and 8, Block “A,” and the rear of
Lots 1, 2, 5 and 7, Block “B” of Suburb Beautiful, (A.K.A. 1771 Gulf-to-Bay Boulevard), subject
to the applicant relocating all existing utilities in the areas to be vacated at the applicant’s sole
expense and to the satisfaction of the owners of said utilities prior to the effective date of the
ordinance.
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Ordinance 7801-07 was presented for second reading and read by title only.
Councilmember Cretekos moved to pass and adopt Ordinance 7801-07 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Petersen, Doran, Cretekos, Gibson, and Hibbard.
"Nays": None.
8.3 - Adopt on second reading Ordinance 7819-07, Clearwater Code of Ordinances, which
amends Appendix A, Article VIII, Clearwater Code of Ordinances, to add a revised schedule of
fees for Fire and Life Safety Inspections and to clarify the effective date of Subsections (1)-(14).
Ordinance 7819-07 was presented for second reading and read by title only.
Councilmember Gibson moved to pass and adopt Ordinance 7819-07 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Petersen, Doran, Cretekos, Gibson, and Hibbard.
"Nays": None.
8.4 - Adopt Ordinance 7790-07 on second reading to amend the City's Fiscal Year 2006/07
Operating Budget at First Quarter.
Ordinance 7790-07 was presented for second reading and read by title only.
Councilmember Petersen moved to pass and adopt Ordinance 7790-07 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Petersen, Doran, Cretekos, Gibson, and Hibbard.
"Nays": None.
8.5 - Adopt Ordinance 7791-07 on second reading to amend the City's Fiscal Year 2006/07
Capital Improvement Budgets at First Quarter.
Ordinance 7791-07 was presented for second reading and read by title only.
Councilmember Doran moved to pass and adopt Ordinance 7791-07 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Petersen, Doran, Cretekos, Gibson, and Hibbard.
"Nays": None.
City Manager Reports
9 - Consent Agenda
– Approved as submitted.
9.1 - Approve Change Order 3 to Rowland, Inc. of Pinellas Park FL., for the Del Oro Groves
RCW System Contract (04-0022-UT) increasing the contract amount by $167,532.20 for a new
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contract total of $4,168,293.11, an extension of sixty days to the contract time and authorize the
appropriate officials to execute same. (consent)
9.2 - Award the Contract for Marshall Street Influent Pump Station Rehabilitation (07-0014-UT)
to TLC Diversified, Incorporated of Palmetto, Florida in the amount of $680,680 in accordance
with City Code Sec. 2.564(d), other governmental bid, and that the appropriate officials be
authorized to execute same. (consent)
9.3 - Appoint Councilmember Doran to serve as Vice-Mayor.
9.4 - Appoint Martha Jane Williams to the Parks and Recreation Board with the term expiring on
April 30, 2011.
9.5 - Approve Clearwater Marine Aquarium's Request to Fly City Flag
Councilmember Petersen moved to approve the Consent Agenda as submitted and that
motion
the appropriate officials be authorized to execute same. The was duly seconded and
carried
unanimously.
10 - Other items on City Manager Reports
10.1 - Adopt Resolution 07-07, which endorses the application for Project 031307 and commits
the City of Clearwater to refund 10% of the eligible tax refund upon certification by Enterprise
Florida.
The Florida Legislature created Florida Statute, Section 288.106 to encourage the
growth of Florida’s high-wage, value-added employment. This program is commonly known as
the Qualified Target Industry (QTI) Tax Refund Program. This law authorizes Enterprise Florida
to accept, review and approve applications for tax refunds to qualified target industry
businesses. Pursuant to Florida Statute Section 288.075 and 288.1066, the applicant for
Project 031307 requests to remain anonymous.
The tax refund is paid to the applicant each state fiscal year (July 1- June 30) for five
years. The applicant will receive a refund for each new job created. The total award will be
equal to $3,000 times the number of new jobs created, plus an additional $2,000 per job
because the average annual wages exceeds the area’s average by 200%. In addition, because
the company is located in a Brownfields area, an additional $2,500 is awarded, plus $3,000 for
being in an Enterprise Zone. This company has qualified for the full $10,500 per job award.
Project 031307 wishes to relocate its operations from out of state to create 62 new jobs
over the next two years, and the applicant qualifies for the $10,500 per employee refund per job
level. The total award to the company is $651,000 in refunds over a 5-year period; 80% of this
award is covered by the State, 10% from the City of Clearwater, and 10% from Pinellas County.
Under the full scenario, the City’s commitment is for $65,100 (maximum award) and will
be disbursed on the following schedule: Year 1 - $11,813 (2008/09); Year 2 - $16,275
(2009/10); Year 3 - $16,275 (2010/11); Year 4 - $16,275 (2011/12); and Year 5 - $4,463
(2012/13) for a total of $65,100.
Council 2007-04-04 7
In response to a question, Economic Development & Housing Director Geri Campos
said the company will qualify to apply for additional awards if it creates additional high wage
jobs.
Councilmember Cretekos moved to endorse the application for Project 031307 and
commits the City of Clearwater to refund 10% of the eligible tax refund upon certification by
motion carried
Enterprise Florida. The was duly seconded and unanimously.
Resolution 07-07 was presented and read by title only. Councilmember Gibson moved
to pass and adopt Resolution 07-07 and authorize the appropriate officials to execute same.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Petersen, Doran, Cretekos, Gibson, and Hibbard.
"Nays": None.
10.2 - Appoint a Citizen Advisory Committee (CAC) to assist in the preparation of the Evaluation
and Appraisal Report (EAR) based amendments required for the Comprehensive Plan and
adopt Resolution 07-08.
The Evaluation and Appraisal Report (EAR) for the City’s Comprehensive Plan was
adopted by the City Council on September 21, 2006, pursuant to Resolution 06-49 and
determined sufficient by the Department of Community Affairs (DCA) on November 29, 2006.
The EAR-based amendments are required to be adopted within 18 months from the date of
DCA's determination.
To provide effective public participation in the EAR-based amendments process as
anticipated by Chapter 163 of Florida Statutes, the Planning Department is requesting the City
Council to establish a Citizen's Advisory Committee (CAC). The proposed CAC is comprised of
representatives from the City's seven neighborhood districts and various stakeholder groups.
City staff from the Planning, Engineering, Parks and Recreation, Economic Development and
Housing and Utilities Departments also will participate.
The City is required to adopt the EAR-based amendments by May 29, 2008, and this
resolution will establish the membership of the CAC that will participate in the amendments
process. Some districts have more members because they are larger and/or more dense.
Also, there was a lack of names from District 7.
Councilmember Petersen moved to appoint a Citizen Advisory Committee (CAC) to
assist in the preparation of the Evaluation and Appraisal Report (EAR) based amendments
motion carried
required for the Comprehensive Plan. The was duly seconded and
unanimously.
Resolution 07-08 was presented and read by title only. Councilmember Doran moved to
pass and adopt Resolution 07-08 and authorize the appropriate officials to execute same. The
motion was duly seconded and upon roll call, the vote was:
"Ayes": Petersen, Doran, Cretekos, Gibson, and Hibbard.
Council 2007-04-04 8
"Nays": None.
10.3 - Approve co-sponsorship and waiver of requested City fees and service charges for FY
2007/08 special events including nine annual City events; and nineteen City co-sponsored
events; at an estimated gross cost of $655,370 ($137,500 representing cash contributions and
$517,870 representing in-kind contributions) for the purposes of departmental budget
submittals.
According to the City Code of Ordinances on special events, there shall be an annual
review of City sponsored/co-sponsored events during the budget process. An agenda item
approving co-sponsorship and level of support for these events will be brought before the City
Council at the beginning of the budget process each fiscal year. In the event additional money
is requested beyond what is included in the approved budget, City Council approval will be
needed before additional funds are dispersed.
A chart shows cash and in-kind contributions requested to be included in FY (Fiscal
Year) 2007/08 budget for City sponsored and co-sponsored special events. In addition, the
2006/2007 approved spreadsheet is available for comparison purposes. “In-kind contributions”
are included in operating budgets under various departments. “In-kind contributions” increased
$36,225 (7.5%) primarily due to increased cost of salaries and personnel needed for various
events.
Main increase occurred in the following: 1) IronMan 70.3 ($13,000); 2) Fun `n Sun
Festival ($10,000); 3) Hispanic Heritage Festival ($5,000); 4) Knology Sea-Blues Festival
($5,000); and 5) Clearwater Celebrates America ($3,000). "Cash Requests” have remained the
same, making the increase in total cash and In-kind contributions 5.9%.
Concern was expressed that this proposes and increase.
Discussion ensued. It was suggested that the City Council identify an event for
elimination or budget reduction.
In response to questions, Parks and Recreation Director Kevin Dunbar suggested cash
contributions be eliminated. The City provides only in-kind support for Ironman, which is
responsible for most of the increase. Support was expressed for the Ironman competition,
which brought national attention to the City.
Assistant City Manager Rod Irwin said most of the events draw participants to
Coachman Park and recommended that the City retain as many events as possible, even if
finances must be restructured.
Councilmember Cretekos moved to approve co-sponsorship and waiver of requested
City fees and service charges for FY 2007/08 special events including nine annual City events;
and nineteen City co-sponsored events; at an estimated gross cost of $625,000 for the
motion carried
purposes of departmental budget submittals. The was duly seconded and
unanimously.
Council 2007-04-04 9
10.4 - Continue first reading of Ordinance 7802-07 to amend Chapter 32 as related to watering
restriction changes under a drought directive from the Southwest Florida Water Management
District to April 19, 2007.
motion
Councilmember Petersen moved to continue item 10.4 to April 19, 2007. The
carried
was duly seconded and unanimously.
Miscellaneous Reports and Items
11 - City Attorney Reports
11.1 - Grant a non-exclusive perpetual easement to Crystal Beach Capital, LLC, for lawful
purposes including, but not limited to, pedestrian ingress and egress, rights for and access to
café seating, retail and restaurant operations and other facilities to provide concessions within
the Easement Property; and an easement for the construction, use and occupancy of the
Access Improvements, including foundations and support columns and structures.
The Second Amendment to the Second Amended and Restated Development
Agreement between the City and Crystal Beach Capital, LLC, was approved by the City Council
on March 1, 2007. Paragraph 5 of the Second Amendment states that the Developer shall be
responsible for the design, construction, and funding of the Garage Access Improvements. The
City agrees to grant to the Developer an easement for the construction use and occupancy of
the Garage Access Improvements.
Councilmember Doran moved to grant a non-exclusive perpetual easement to Crystal
Beach Capital, LLC, for lawful purposes including, but not limited to, pedestrian ingress and
egress, rights for and access to cafe seating, retail and restaurant operations and other facilities
motion
to provide concessions within the Easement Property. The was duly seconded and
carried
unanimously.
11.2 - Pass Ordinance 7804-07 on first reading, amending Ordinance 6780-01 as amended by
Ordinance 7351-04, as amended by Ordinance 7401-05, and as amended by Ordinance 7600-
06, which vacated the east 35 feet of the 70-foot right-of-way of Gulfview Blvd bounded on the
north by the westerly extension of a line parallel to and 20 feet north of the northerly lot line of
Lots 57 and 104 of Lloyd White Skinner subdivision as recorded in Plat Book 13 page 12 of the
Public Records of Pinellas County Florida and bounded on the south by the westerly extension
of the south lot line of Lot 59 of said Lloyd White Skinner subdivision subject to special
conditions, amending the special conditions to delete the requirement for a 10-foot public
access easement to provide pedestrian access from Coronado Drive to the new alignment of
Gulfview Boulevard.
In Ordinance 6780-01, the City Council granted the vacation requested by Seashell
Resort LLC of the above described right-of-way subject to special conditions, which have not
been met. In Ordinance 7351-04, conditions described in Ordinance 6780-01 were amended.
The current owners, Crystal Beach Capital, LLC, requested an amendment to the
conditions that changed the required commencement of construction to March 6, 2006, rather
than one year from the effective date of Ordinance 7351-04, which amendments were made in
Council 2007-04-04 10
Ordinance 7401-05. Ordinance 7600-06 changed the required commencement of construction
from March 6, 2006, to December 31, 2006.
On October 28, 2005, the City entered into a settlement agreement in the case of Anne
Garris and Suzanne Boschen v. City of Clearwater and Beachwalk Resort. This agreement
provided that the Developer shall provide a public pedestrian access easement 10-feet wide
within the northern most bay of the Project extending from Coronado to Gulf View Boulevard,
and that the easement shall remain in place until Second Street is open.
On February 1, 2006, the Council approved the First Amendment to the Second
Amended and Restated Development Agreement between the City of Clearwater and Crystal
Beach Capital, LLC. This amendment contained the easement language that was agreed to in
the settlement agreement.
Crystal Beach Capital, LLC, is requesting that the special condition requiring them to
dedicate a 10-foot public access easement to provide pedestrian access from Coronado Drive
to the new alignment of Gulf View Boulevard be deleted in accordance with the provisions of the
settlement agreement and the First Amendment to the Second Amended and Restated
Development Agreement.
Councilmember Cretekos moved to amend Ordinance 6780-01 as amended by
Ordinance 7351-04, as amended by Ordinance 7401-05, and as amended by Ordinance 7600-
06, which vacated the east 35 feet of the 70-foot right-of-way of Gulfview Blvd bounded on the
north by the westerly extension of a line parallel to and 20 feet north of the northerly lot line of
Lots 57 and 104 of Lloyd White Skinner subdivision as recorded in Plat Book 13 page 12 of the
Public Records of Pinellas County Florida and bounded on the south by the westerly extension
of the south lot line of Lot 59 of said Lloyd White Skinner subdivision subject to special
conditions, amending the special conditions to delete the requirement for a 10-foot public
access easement to provide pedestrian access from Coronado Drive to the new alignment of
motion carried
Gulf View Boulevard. The was duly seconded and unanimously.
Ordinance 7804-07 was presented for first reading and read by title only.
Councilmember Gibson moved to pass Ordinance 7804-07 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Petersen, Doran, Cretekos, Gibson, and Hibbard.
"Nays": None.
11.3 - Pass Ordinance 7803-07 on first reading, amending Ordinance 6779-01 as amended by
Ordinance 7350-04, as amended by Ordinance 7400-05, and as amended by Ordinance 7599-
06 vacating the 60-foot right-of-way of Third Street AKA Third Avenue bounded on the east by
the westerly right-of-way line of Coronado Drive and bounded on the west by the easterly right-
of-way line of South Gulfview Boulevard subject to special conditions, amending the special
conditions to delete the requirement for a 10-foot public access easement for pedestrian access
from Coronado Drive to the new alignment of Gulfview Boulevard.
In Ordinance 6779-01, the City Council granted the vacation requested by Seashell
Resort LLC of the above right-of-way subject to special conditions. In Ordinance 7350-04,
Council 2007-04-04 11
conditions described in Ordinance 6779-01 were amended. The current owners Crystal Beach
Capital LLC requested an amendment to the conditions that changed the required
commencement of construction to March 6, 2006, rather than one year from the effective date of
Ordinance 7350-04 which amendment was made by Ordinance 7400-05. Ordinance 7599-06
changed the required commencement of construction to December 31, 2006, rather than March
6, 2006.
On October 28, 2005, the City entered into a settlement agreement in the case of Anne
Garris and Suzanne Boschen v. City of Clearwater and Beachwalk Resort. This agreement
provided that the Developer shall provide a public pedestrian access easement 10-feet wide
within the northern most bay of the Project extending from Coronado to Gulf View Boulevard,
and that the easement shall remain in place until Second Street is open.
On February 1, 2006, the Council approved the First Amendment to the Second
Amended and Restated Development Agreement between the City of Clearwater and Crystal
Beach Capital, LLC. This amendment contained the easement language that was agreed to in
the settlement agreement.
Crystal Beach Capital, LLC, is requesting that the special condition requiring them to
dedicate a 10-foot public access easement to provide pedestrian access from Coronado Drive
to the new alignment of Gulf View Boulevard be deleted in accordance with the provisions of the
settlement agreement and the First Amendment to the Second Amended and Restated
Development Agreement.
Councilmember Petersen moved to amend Ordinance 6779-01 as amended by
Ordinance 7350-04, as amended by Ordinance 7400-05, and as amended by Ordinance 7599-
06 vacating the 60 foot right-of-way of Third Street AKA Third Avenue bounded on the east by
the westerly right-of-way line of Coronado Drive and bounded on the west by the easterly right-
of-way line of South Gulfview Boulevard subject to special conditions, amending the special
conditions to delete the requirement for a 10-foot public access easement for pedestrian access
motion
from Coronado Drive to the new alignment of Gulf View Boulevard. The was duly
carried
seconded and unanimously.
Ordinance 7803-07 was presented for first reading and read by title only.
Councilmember Doran moved to pass Ordinance 7803-07 on first reading. The motion was duly
seconded and upon roll call, the vote was:
"Ayes": Petersen, Doran, Cretekos, Gibson, and Hibbard.
"Nays": None.
12 - City Manager Verbal Reports
– None.
13 - Council Discussion Items
Council 2007-04-04 12
13.1 - Meeting schedule for the remainder of 2007 and January 2008.
City Clerk Cyndie Goudeau reviewed known conflicts to the City Council meeting
schedule: 1) Florida League of Cities Annual Conference in Orlando - August 16 - 18, 2007 and
2) Jazz Holiday Opening Day - October 18, 2007. Currently, there is one work session and one
meeting in July, July 16 and 19. There will be no need to hold a special meeting to establish the
TRIM millage rate as that is not due to the County until July 24.
At least one budget workshop will be needed prior to the City Manager releasing the
budget on June 30. Depending on what the State legislature does regarding Property Tax
Reform, multiple budget workshops could be needed between the setting of the TRIM rate and
Budget adoption on September 20, 2007.
th
Consensus was to cancel the August 13 Work Session and move the August 16 City
Council Meeting to Tuesday, August 14, 2007 at 6:00 p.m.; reschedule the October 18, 2007
City Council meeting to Wednesday, October 17, 2007; schedule a Budget Meeting on Friday,
April 27, 2007 at 8:30 a.m.; schedule meetings in December with Work Sessions on Monday
December 3 and 17, 2007, at 1:30 p.m. and City Council meetings on December 6 and 20, 2007
at 6:00 p.m.; and schedule January 2008 meetings with Work Session on Monday, January 14,
2008 at 1:30 p.m. and City Council meeting on January 17, 2008 at 6:00 p.m.
14 - Other Council Action
Discussion ensued regarding a letter to the legislature outlining Councilmember
recommendations regarding property tax reform.
Councilmember Cretekos moved to approve a letter addressing property tax reform for
Councilmembers’ signature: 1) Require all property to be assessed at current use instead of
“highest and best use”; 2) Allow for portability of Save Our Homes; 3) Exempt tangible personal
property up to $25,000; 4) Await report of Tax & Budget Reform Commission before adopting
any other changes to property and sales taxes; and 5) Provide exemption for first-time
homeowners who purchase a home priced lower than the county’s median home price. The
motion carried
was duly seconded and unanimously.
Councilmembers reported on events in which they recently participated and reviewed
upcoming events; offered prayers for a speedy recovery for Officer Dawson and his canine;
recognized efforts by advisory board members; and congratulated new Councilmembers.
Councilmember Doran reported successful Downtown Development Board efforts to
mitigate problems during streetscape construction; congratulated Clearwater Main Street staff
and volunteers for April 2007 Florida Main Street of the Month Award.
Councilmember Petersen encouraged residents to pay attention to events in
Tallahassee and to contact their legislators.
Councilmember Cretekos congratulated the Florida Gators for their National College
Basketball Championship win and wished all a Happy Passover and Blessed Easter.
Council 2007-04-04 13
.
.
.
Mayor Hibbard encouraged support of Clothes to Kids.
15 - Adjourn
The meeting adjourned at 10:09 p.m.
Council 2007-04-04
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City of Clearwater
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