11/18/2015 City Council Meeting Minutes November 18, 2015
City of Clearwater
City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
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Meeting Minutes
Wednesday, November 18, 2015
6:00 PM
Council Chambers
City Council
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City of Clearwater
City Council Meeting Minutes November 18, 2015
Roll Call
Present: 5 - Mayor George N. Cretekos, Councilmember Doreen Hock-DiPolito,
Councilmember Bill Jonson, Councilmember Hoyt Hamilton and
Vice Mayor Jay E. Polglaze
Also Present: William B. Horne I I — City Manager, Jill Silverboard —Assistant City
Manager, Rod Irwin —Assistant City Manager, Pamela K. Akin - City
Attorney, and Rosemarie Call - City Clerk
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 — Iman Hajji Ahmed Muhammed Imamovic from Bonsian Muslim
Association
3. Pledge of Allegiance — Councilmember Hock-DiPolito
4. Special recognitions and Presentations (Proclamations, service awards, or
other special recognitions. Presentations by governmental agencies or groups
providing formal updates to Council will be limited to ten minutes.) — Given.
4.1 Citizens Academy Graduation
Certificates were presented to Kathleen Agnew, Samantha Alexandrou,
Christopher Anuszkiewicz, Malay Bhatt, William Brown, Lynne DiLella,
Phyllis Dillard, Emilio Gonzalez, Wanda Keanphilippe, Marilyn Kagan,
Jared Leone, Michael Mack, Karena Bowers Morrison, Rev. Donna
Oberkreser, Michael Potts, Dr. Lynn Sumerson, Zachary Thorn, Lisa
Tuttle, Jennifer Webb, and Mark Wright.
4.2 Service Awards — November
The November 2015 Employee of the Month Award was presented to
Kristi Cheatham Pettit, Clearwater Gas System.
4.3 Jazz Holiday Presentation - Jeni Mitchell, Clearwater Jazz Holiday Foundation
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City Council Meeting Minutes November 18, 2015
President
Ms. Mitchell presented the Council with a commemorative autographed poster
and thanked the City for their continued efforts and support.
5. Approval of Minutes
5.1 Approve the minutes of the November 5, 2015 City Council Meeting Minutes as
submitted in written summation by the City Clerk.
Councilmember Jonson moved to approve the minutes of the
November 5, 2015 City Council Meeting Minutes 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
Robert Foremesiter expressed concerns regarding vehicular traffic blocking
the intersection at Druid Road and Belcher Road and suggested installing a
"Do not block intersection"sign. He invited Council to attend the BPO Eagles
dinner on December 8, 2015.
Karena Morrison invited all to attend the Mothers of Minors Holiday Festival
Fundraiser event on December 5, 2015 at the VFW Post 2550 that will help
fulfill local children's Christmas wish lists.
Hilanius Phillips submitted a letter regarding a complaint he filed with the
Pinellas County EEOC office related to a city planner position he had
interviewed for ten years ago.
7. Consent Agenda — Approved as submitted, less Item 7.7.
7.1 Approve the annual renewal of construction contract to Keystone Excavators, Inc.,
Oldsmar, Fl, for the 2014 Annual Stormwater Improvements Project (14-0004-EN)
based on unit price only in an amount not to exceed $1,144,319 for year two and
authorize the appropriate officials to execute same. (consent)
7.2 Approve a Time Extension of Southwest Florida Water Management District
(SWFWMD) Cooperative Funding Agreement (N270) for Jeffords Street Outfall
Improvements Project between SWFWMD and the City until November 17, 2017 and
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authorize the appropriate officials to execute same. (consent)
7.3 Approve a work order to Engineer of Record (EOR) King Engineering Associates, Inc.
in the amount of$179,101.00 to provide Design and Construction Engineering and
Inspection (CEI) services related to the East Water Reclamation Facility (WRF)
Clarifier Rehabilitation Project (15-0039-UT); and authorize the appropriate officials to
execute same. (consent)
7.4 Approve the conveyance of a Distribution Easement to be granted to Duke Energy for
the relocation and operation of light poles on City Parking Lot 32; and authorize the
appropriate officials to execute same. (consent)
7.5 Approve an amendment to an existing services agreement with Stantec Consulting
Services Inc. (Stantec) of Tampa, Florida for the North Marina Area Master Plan
Project, increasing the purchase order by $8,252 to $105,624 as described in the
Additional Services Scope of Work, and authorize the appropriate officials to execute
same. (consent)
7.6 Approve an amendment to an existing services agreement with HDR Engineering, Inc.
of Tampa, Florida for the US 19 Corridor Development Code, increasing the purchase
order by $13,260 to $131,460 as described in the Additional Services Scope of Work,
authorize the allocation of General Fund reserves in the amount of$13,260, and
authorize the appropriate officials to execute same. (consent)
7.7 Approve the Third Amendment to the lease agreement dated September 17, 2012 by
and between the City of Clearwater, Florida (Lessor) and Marina Cantina, LLC,
(Lessee), ratify and confirm the reimbursement of$409,606.49 to be funded from
General Fund Reserves to the Lessee for emergency repairs and improvements done
to the Marina Building, and authorize the appropriate officials to execute same.
(consent)
See Below.
7.8 Approve a Contract (Purchase Order) renewal to Communications International of
Vero Beach, FL in the amount of$ 102,600.00 for the maintenance and repair of the
city-wide two-way radio communication system and equipment in accordance with
Sec. 2.564(1)(b), Code of Ordinances - Sole Source; and authorize the appropriate
officials to execute same. (consent)
7.9 Approve an increase to the annual blanket purchase order (contract) to Iron Container
LLC of Miami and Lake Alfred, FL in the amount of$25,000 for a revised authorization
of$135,000 for the purchase of front load containers, with new amount applicable to
the two, one-year extension terms, and authorize the appropriate officials to execute
same. (consent)
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7.10Approve the purchase authorization of vehicles (heavy and light duty) and equipment
on the 2015/2016 Vehicle Replacement List as approved in the 2015/2016 Fiscal Year
Budget, per the pricing, terms and conditions of the following contracts, in accordance
with City Code of Ordinances, Section 2.564 (1)(d) Other Government Entities Bid:
Florida Sherriff's Contract/ Florida Association of Counties (FSA/FAC) Contracts -
Police Rated, Administrative, Utility Vehicles, Trucks and Vans Contract, Heavy
Equipment, Cab, Chassis, ant Other Fleet Equipment Contract; National Joint Powers
Alliance (NJPA) - Heavy and Utility Equipment; Houston-Galveston Area Council
(HGAC) and Various State of Florida - Department of Management Services (DMS)
Vehicles, Equipment and Fleet Contracts. (consent)
7.11Approve a $250,000 increase to Blanket Purchase Order (BPO) to Xylem, Inc. (Xylem)
of Apopka, Florida, for the contract period of May 21, 2015 through March 31, 20167
for a revised amount of$580,000 due to excessive repairs and replacements requiring
expenditure of funds in excess of the amount presented to Council on June 1, 20157
and authorize the appropriate officials to execute same. (consent)
7.12Authorize an increase in funding for outside counsel in the case of David and Aileen
Bair v. City of Clearwater, Case No. 13-002750-CI, in the amount of$75,000.00
through completion of oral argument and evidentiary attorney fees hearing. (consent)
7.13Approve Legal Services Agreement for Attorney Jay Daigneault to provide Attorney
Services to the City of Clearwater Nuisance Abatement Board and authorize the
appropriate officials to execute same. (consent)
Vice Mayor Polglaze moved to approve the Consent Agenda as
submitted, less Item 7.7, and authorize the appropriate officials to
execute same. The motion was duly seconded and carried
unanimously.
7.7Approve the Third Amendment to the lease agreement dated September 17, 2012 by
and between the City of Clearwater, Florida (Lessor) and Marina Cantina, LLC,
(Lessee), ratify and confirm the reimbursement of$409,606.49 to be funded from
General Fund Reserves to the Lessee for emergency repairs and improvements done
to the Marina Building, and authorize the appropriate officials to execute same.
(consent)
The City of Clearwater entered into an agreement with the Marina Cantina,
LLC on September 17, 2012.
This lease was amended with a First Amendment on June 19, 2013 to modify
the terms and conditions resulting from the hold over tenants of the former Gift
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Shop, which affected the square footage of the Lease Agreement with the
Lessee as the Lessee took over and gained that former gift shop square
footage.
This lease was amended with a Second Amendment on October 5, 2015 to
take into account a brief construction delay caused by improvements that were
not initially contemplated in the initial lease agreement.
The Second Amendment provided an extension of the completion date by
three months to have the restaurant open by January 1, 2016.
This Third Amendment provides the documentation and instrument for the
Lessee's costs ($409,606.49) to be brought forward for reimbursement by the
Lessor. These are for unforeseen costs for emergency repairs, exterior and
common space glass, doors, and fire rated drop ceilings along with costs not
budgeted for bringing the entire building to a uniform appearance and in
compliance with current building codes. Items such as central HVAC
(removing all window air conditioners) and those upgrades necessary to
provide a "like" appearance throughout the entire structure including floors,
walls, ceilings, doors and glass were made to flow as one new space. As
these are presented with the work completed, the approval requires a Ratify
and Confirm action by City Council for the reimbursement of the costs as listed
in Exhibit 1A. The funding source for these funds would be the City's General
Fund Reserves.
APPROPRIATION CODE AND AMOUNT:
Funding for this contract will be provided by a first quarter budget amendment
allocating a transfer of General Fund reserves in the amount of$409,606 to
the Marine Fund.
USE OF RESERVE FUNDS:
Inclusive of this item if approved, a net total of$422,866 of General Fund
reserves has been appropriated by Council to fund expenditures in the 2015/16
operating budget. The remaining balance in General Fund reserves is
approximately $27.6 million, or 22.2% of the current General Fund operating
budget.
Marine and Aviation Director Bill Morris reviewed the invoices submitted by
the Marina Cantina. Expenditures that were included in the contract were
deducted from the request.
In response to questions, Mr. Morris said the information provided to Council
details the projected vendor cost and the actual invoice cost, which totaled
$409,000. The original projection was based on the spaces that were under
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the Lessee's control (second and third floors). On the first floor, the common
areas, existing tenant areas, Marine and Aviation office space were not under
the Lessee's control. Mr. Morris said these areas had single paned windows
and were not code compliant. The original project proposed to upgrade 55% of
the windows. The City Attorney said before there are any disbursements
under the amended contract, Finance would review the invoices. Mr. Morris
said there was not enough electrical power to support the existing facility,
repairs were needed to ensure there was adequate power from Duke Energy
to support the restaurant facility.
Councilmember Hamilton moved to approve the Third Amendment
to the lease agreement dated September 17, 2012 by and between
the City of Clearwater, Florida (Lessor) and Marina Cantina, LLC,
(Lessee), ratify and confirm the reimbursement of $409,606.49 to be
funded from General Fund Reserves to the Lessee for emergency
repairs and improvements done to the Marina Building, 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 annexation, initial Future Land Use Map designation of Residential Low
(RL) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR)
District for 1478 Grove Circle Court; and pass Ordinances 8780-15, 8781-15, and
8782-15 on first reading. (ANX2015-09022)
This voluntary annexation petition involves a 0.233-acre property consisting of
one parcel of land occupied by a single-family dwelling. It is located on the
north side of Grove Circle Court, approximately 247 feet west of Highland
Avenue. The applicant is requesting annexation in order to receive solid waste
service from the City, and will connect to City sewer when it is available in the
future, as part of the City's Grove Circle Court Sanitary Sewer System
Extension Project Area. The property is contiguous to existing City limits to the
west and south. It is proposed that the property be assigned a Future Land
Use Map designation of Residential Low (RL) and a zoning category of Low
Medium Density Residential (LMDR).
The Planning and Development Department determined that the proposed
annexation is consistent with the provisions of Clearwater Community
Development Code Section 4-604.E as follows:
• The property currently receives water service from the City. Collection
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of solid waste will be provided to the property by the City. The applicant
will connect to the City's sanitary sewer service when it is available, and
is aware of the sewer impact fee that must be paid in order to connect,
as well as the financial incentives available. The property is located
within Police District II and service will be administered through the
district headquarters located at 645 Pierce Street. Fire and emergency
medical services will be provided to this property by Station 51 located
at 1720 Overbrook Avenue. The City has adequate capacity to serve
this property with sanitary sewer, solid waste, police, fire and EMS
service. The proposed annexation will not have an adverse effect on
public facilities and their levels of service; and
• The proposed annexation is consistent with and promotes the following
objectives and policy of the Clearwater Comprehensive Plan:
Objective A.6.4 Due to the built-out character of the City of
Clearwater, compact urban development within the urban
service area shall be promoted through application of the
Clearwater Community Development Code.
Objective A.7.2 Diversify and expand the City's tax base through
the annexation of a variety of land uses located within the
Clearwater Planning Area.
Policy A.7.2.3 Continue to process voluntary annexations for
single-family residential properties upon request.
• The proposed Residential Low (RL) Future Land Use Map category is
consistent with the current Countywide Plan designation of this
property. This designation primarily permits residential uses at a density
of 5 units per acre. The proposed zoning district to be assigned to the
property is the Low Medium Density Residential (LMDR) District. The
use of the subject property is consistent with the uses allowed in the
District and the property exceeds the District's minimum dimensional
requirements. The proposed annexation is therefore consistent with the
Countywide Plan and the City's Comprehensive Plan and Community
Development Code; and
• The property proposed for annexation is contiguous to existing City
boundaries to the west and south; therefore, the annexation is
consistent with Florida Statutes Chapter 171.044.
Councilmember Jonson moved to approve the annexation, initial
Future Land Use Map designation of Residential Low (RL) and
initial Zoning Atlas designation of Low Medium Density Residential
(LMDR) District for 1478 Grove Circle Court. The motion was duly
seconded and carried unanimously.
Ordinance 8780-15 was presented and read by title only.
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Councilmember Hock-DiPolito moved to pass Ordinance 8780-15
on first reading. The motion was duly seconded and upon roll call,
the vote was:
Ayes: 5 - Mayor Cretekos, Councilmember Hock-DiPolito, Councilmember
Jonson, Councilmember Hamilton and Vice Mayor Polglaze
Ordinance 8781-15 was presented and read by title only. Vice
Mayor Polglaze moved to pass Ordinance 8781-15 on first reading.
The motion was duly seconded and upon roll call, the vote was:
Ayes: 5 - Mayor Cretekos, Councilmember Hock-DiPolito, Councilmember
Jonson, Councilmember Hamilton and Vice Mayor Polglaze
Ordinance 8782-15 was presented and read by title only.
Councilmember Hamilton moved to pass Ordinance 8782-15 on
first reading. The motion was duly seconded and upon roll call, the
vote was:
Ayes: 5 - Mayor Cretekos, Councilmember Hock-DiPolito, Councilmember
Jonson, Councilmember Hamilton and Vice Mayor Polglaze
8.2 Approve the annexation, initial Future Land Use Map designation of Residential Low
(RL) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR)
District for 2100, 2106, 2148, and 2149 Bell Cheer Drive and 2112 Burnice Drive.,
together with certain right-of-way of Bell Cheer Drive; and pass Ordinances 8783-15,
8784-15, and 8785-15 on first reading. (ANX2015-09023)
These voluntary annexation petitions involve five parcels of land totaling 1.164
acres. The parcels are occupied by single-family dwellings and are located
generally south of Druid Road, west of Belcher Road, east of South Hercules
Avenue, and north of Lakeview Road. The applicants are requesting
annexation in order to receive solid waste service from the City, and will be
connected to city sewer as part of the Belcher Area Sewer Expansion Project.
The Development Review Committee is also proposing that approximately
0.248-acres of Bell Cheer Drive right-of-way also be annexed. Three of the
properties (2100 and 2106 Bell Cheer Drive and 2112 Burnice Drive) are
contiguous to existing City limits along at least one property boundary. The
properties located at 2148 and 2149 Bell Cheer Drive are not contiguous to
existing city boundaries; however, they are located in an enclave surrounded
by city property on all sides (Type A) and are eligible for annexation pursuant
to the Interlocal Service Boundary Agreement with Pinellas County. It is
proposed that the properties be assigned a Future Land Use Map designation
of Residential Low (RL) and the zoning category of Low Medium Density
Residential (LMDR).
The Planning and Development Department determined that the proposed
annexations are consistent with the provisions of Clearwater Community
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Development Code Section 4-604.E as follows:
• The properties currently receive water service from the County.
Collection of solid waste will be provided to the properties by the City.
Three of the applicants have paid the sewer impact fee in full, and are
currently awaiting connection to the sewer system. The other two have
not made any payments but they are aware that the impact fee must be
paid in full prior to connection and of the financial incentives available.
The properties are located within Police District III and service will be
administered through the district headquarters located at 2851
McMullen Booth Road. Fire and emergency medical services will be
provided to the properties by Station 49 located at 565 Sky Harbor
Drive. The City has adequate capacity to serve the properties with
sanitary sewer, solid waste, police, fire and EMS service. The
properties will continue to receive water from Pinellas County. The
proposed annexations will not have an adverse effect on public facilities
and their levels of service; and
• The proposed annexations are consistent with and promote the
following objectives and policy of the Clearwater Comprehensive Plan:
Objective A.6.4 Due to the built-out character of the City of
Clearwater, compact urban development within the urban
service area shall be promoted through application of the
Clearwater Community Development Code.
Objective A.7.2 Diversify and expand the City's tax base through
the annexation of a variety of land uses located within the
Clearwater Planning Area.
Policy A.7.2.3 Continue to process voluntary annexations for
single-family residential properties upon request.
• The proposed Residential Low (RL) Future Land Use Map category is
consistent with the current Countywide Plan designation of the
properties. The Residential Low (RL) designation primarily permits
residential uses at a density of 5 units per acre. The proposed zoning
district to be assigned to the properties is the Low Medium Density
Residential (LMDR). The use of the subject properties is consistent
with the uses allowed in the Low Medium Density Residential (LMDR)
District and the properties exceed the District's minimum dimensional
requirements. The proposed annexations are therefore consistent with
the Countywide Plan and the City's Comprehensive Plan and
Community Development Code; and
• The properties proposed for annexation at 2100 and 2106 Bell Cheer
Drive and 2112 Burnice Drive are contiguous to existing City limits
along at least one property boundary; therefore, the annexations are
consistent with Florida Statutes Chapter 171.044. The properties
proposed for annexation located at 2148 and 2149 Bell Cheer Drive
are not contiguous to City boundaries but are located in a Type A
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Enclave; therefore, the annexations are consistent with the Interlocal
Service Boundary Agreement authorized by Florida Statutes Chapter
171.204.
Councilmember Jonson moved to approve the annexation, initial
Future Land Use Map designation of Residential Low (RL) and
initial Zoning Atlas designation of Low Medium Density Residential
(LMDR) District for 2100, 2106, 2148, and 2149 Bell Cheer Drive and
2112 Burnice Drive; together with certain right-of-way of Bell Cheer
Drive. The motion was duly seconded and carried unanimously.
Ordinance 8783-15 was presented and read by title only.
Councilmember Hock-DiPolito moved to pass Ordinance 8783-15
on first reading. The motion was duly seconded and upon roll call,
the vote was:
Ayes: 5 - Mayor Cretekos, Councilmember Hock-DiPolito, Councilmember
Jonson, Councilmember Hamilton and Vice Mayor Polglaze
Ordinance 8784-15 was presented and read by title only. Vice
Mayor Polglaze moved to pass Ordinance 8784-15 on first reading.
The motion was duly seconded and upon roll call, the vote was:
Ayes: 5 - Mayor Cretekos, Councilmember Hock-DiPolito, Councilmember
Jonson, Councilmember Hamilton and Vice Mayor Polglaze
Ordinance 8785-15 was presented and read by title only.
Councilmember Hamilton moved to pass Ordinance 8785-15 on
first reading. The motion was duly seconded and upon roll call, the
vote was:
Ayes: 5 - Mayor Cretekos, Councilmember Hock-DiPolito, Councilmember
Jonson, Councilmember Hamilton and Vice Mayor Polglaze
8.3 Approve the annexation, initial Future Land Use Map designation of Commercial
General (CG) and initial Zoning Atlas designation of Commercial (C) District for a
portion of 2990 Gulf to Bay Boulevard; together with certain right-of-way of Bayview
Avenue; and pass Ordinances 8777-15, 8778-15 and 8779-15 on first reading.
(ANX2015-08021)
This voluntary annexation petition involves a 0.083-acre portion of the property
located at 2990 Gulf to Bay Boulevard. It is located on the west side of Bayview
Avenue, approximately 250 feet north of Gulf to Bay Boulevard. The applicant
is requesting this annexation so that the entire parcel is in the City of
Clearwater, which will allow for a unified development plan. The Development
Review Committee is proposing that the 0.015-acres of abutting Bayview
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Avenue right-of-way not currently within the city limits also be annexed. The
property is contiguous to existing City limits to the north, south and west. It is
proposed that the property be assigned a Future Land Use Map designation of
Commercial General (CG) and a zoning category of Commercial (C).
The Planning and Development Department determined that the proposed
annexation is consistent with the provisions of Clearwater Community
Development Code Section 4-604.E as follows:
• The property currently receives water and sewer service from the City.
Collection of solid waste will be provided to the property by the City.
The property is located within Police District III and service will be
administered through the district headquarters located at 2851 North
McMullen Booth Road. Fire and emergency medical services will be
provided to this property by Station 49 located at 565 Sky Harbor Drive.
The City has adequate capacity to serve this property with sanitary
sewer, solid waste, police, fire and EMS service. The proposed
annexation will not have an adverse effect on public facilities and their
levels of service; and
• The proposed annexation is consistent with and promotes the following
objectives and policy of the Clearwater Comprehensive Plan:
Objective A.6.4 Due to the built-out character of the City of
Clearwater, compact urban development within the urban
service area shall be promoted through application of the
Clearwater Community Development Code.
Objective A.7.2 Diversify and expand the City's tax base through
the annexation of a variety of land uses located within the
Clearwater Planning Area.
• The proposed Commercial General (CG) Future Land Use Map
category is consistent with the current Countywide Plan designation of
this property. This designation primarily permits commercial and retail
uses. The proposed zoning district to be assigned to the property is
Commercial (C). The size of this portion of property by itself does not
meet the District's minimum dimensional requirements, but when
combined with the remainder of the parcel it exceeds the standard. The
use of the subject property is consistent with the uses allowed in the
District. The proposed annexation is therefore consistent with the
Countywide Plan and the City's Comprehensive Plan and Community
Development Code; and
• The property proposed for annexation is contiguous to existing City
boundaries to the north, south and west; therefore, the annexation is
consistent with Florida Statutes Chapter 171.044.
Councilmember Jonson moved to approve the annexation, initial
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Future Land Use Map designation of Commercial General (CG) and
initial Zoning Atlas designation of Commercial (C) District for a
portion of 2990 Gulf to Bay Boulevard; together with certain
right-of-way of Bayview Avenue. The motion was duly seconded
and carried unanimously.
Ordinance 8777-15 was presented and read by title only.
Councilmember Hock-DiPolito moved to pass Ordinance 8777-15
on first reading. The motion was duly seconded and upon roll call,
the vote was:
Ayes: 5 - Mayor Cretekos, Councilmember Hock-DiPolito, Councilmember
Jonson, Councilmember Hamilton and Vice Mayor Polglaze
Ordinance 8778-15 was presented and read by title only. Vice
Mayor Polglaze moved to pass Ordinance 8778-15 on first reading.
The motion was duly seconded and upon roll call, the vote was:
Ayes: 5 - Mayor Cretekos, Councilmember Hock-DiPolito, Councilmember
Jonson, Councilmember Hamilton and Vice Mayor Polglaze
Ordinance 8779-15 was presented and read by title only.
Councilmember Hamilton moved to pass Ordinance 8779-15 on
first reading. The motion was duly seconded and upon roll call, the
vote was:
Ayes: 5 - Mayor Cretekos, Councilmember Hock-DiPolito, Councilmember
Jonson, Councilmember Hamilton and Vice Mayor Polglaze
9. Second Readings - Public Hearing
9.1 Adopt Ordinance 8776-15 on second reading, vacating public right-of-way described
as that certain right-of-way adjacent to the north boundary of Lots 1-5, and the south
boundary of Lots 6-10, Block 5, Jones' Subdivision of Nicholson's Addition to
Clearwater Harbor according to the map or plat thereof, as recorded in Plat Book 1,
Page 13, of the Public Records of Hillsborough County, Florida, of which Pinellas
County was formerly a part.
Ordinance 8776-15 was presented and read by title only.
Councilmember Jonson moved to adopt Ordinance 8776-15 on
second and final reading. The motion was duly seconded and upon
roll call, the vote was:
Ayes: 5 - Mayor Cretekos, Councilmember Hock-DiPolito, Councilmember
Jonson, Councilmember Hamilton and Vice Mayor Polglaze
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10. City Manager Reports
10.1Approve referendum questions to appear on the ballot on March 15, 2016 regarding
changes to the City Charter and pass Ordinances 8807-15, 8808-15 and 8809-15 on
first reading.
The Charter Review Committee is appointed by the City Council every five
years to review the City Charter and recommend changes thereto. This year's
Charter Review Committee recommends the following changes:
Ordinance 8807-15 would require the Charter Review Committee to meet
every six years instead of the current every five years;
Ordinance 8808-15 would eliminate the competitive bid requirement for sale of
certain vacated city right-of way; would allow the city to vacate utility
easements that terminate at the water's edge; and would allow for leases of
surplus city-owned property for an initial term of up to 65 years and a renewal
period of up to 30 years, not to exceed 95 years total;
Ordinance 8809-15 would allow for additional uses at the downtown boat slips
and main library; and would allow for construction and maintenance of a
city-owned bandshell and associated facilities in Coachman Park.
Upon being adopted, each of these ordinances would be presented as a ballot
question on the March 15, 2015 ballot for referendum vote by the citizens of
the City of Clearwater. Each ordinance would become effective only upon
being approved at referendum.
The City Attorney reviewed the proposed charter amendments and
referendum questions.
Councilmember Hock-DiPolito moved to approve referendum
questions to appear on the ballot on March 15, 2016 regarding changes
to the City Charter. The motion was duly seconded and carried
unanimously.
Ordinance 8807-15 was presented and read by title only. Vice Mayor
Polglaze moved to pass Ordinance 8807-15 on first reading. The motion
was duly seconded and upon roll call, the vote was:
In response to a question, the City Attorney said the ordinance title was
corrected, a strikethrough on the second line was deleted.
Ordinance 8808-15 was presented and read by title only.
Councilmember Hamilton moved to pass Ordinance 8808-15 on first
reading. The motion was duly seconded and upon roll call, the vote was:
Ordinance 8809-15 was presented and read by title only.
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In response to a comment, the City Attorney said the local bill heard at the
Pinellas County Legislative Delegation addresses the property below the Bluff
to allow shows, which are currently prohibited in a certain area, and allow the
release of the reverter provision.
One individual expressed concern regarding the use of the term "floating
restroom facilities"and suggested deleting the word "floating"as it is
understood the restroom facilities are to be used for the boat slips.
In response to a suggestion, the City Attorney said designated parking and
restroom facilities would allow the restroom facilities on dry land, which is
broad and does not provide any specification or limitation. The whereas
clauses in the ordinance are not adopted. The language in the referendum
question should reflect the language in the city charter.
Vice Mayor Polglaze moved to delete the word "floating" from Section
2.01(d)(6) of the city charter. The motion was duly seconded.
Discussion ensued with a concern expressed that the proposed amendment
does not indicate clearly that the restroom facility is on the dock.
The City Attorney suggested rephrasing the paragraph to state: "...Potable
water, shore power, sewage pump out and restroom facilities may be provided
and located on the slips, docks, and moorings..."
Vice Mayor Polglaze withdrew his motion and moved to amend Section
2.01(d)(6) of the city charter to state, "...Potable water, shore power,
sewage pump out and restroom facilities may be provided and located
on the slips, docks, and moorings..." and delete the word "floating"
from the referendum question.
Upon the vote being taken, the motion carried unanimously.
Councilmember Jonson moved to delete wording relative to the
relocated bandshell. The motion was duly seconded.
In response to a question, the City Attorney said if one of the ballot questions
fails, the entire ordinance does not fail.
Upon the vote being taken, Councilmember Jonson voted "Aye;" Mayor
Cretekos, Vice Mayor Polglaze, and Councilmembers Hock-DiPolito and
Hamilton voted "Nay."
Motion failed.
Councilmember Hamilton moved to approve Ordinance 8809-15, as
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City of Clearwater
City Council Meeting Minutes November 18, 2015
amended. The motion was duly seconded and upon roll call, the vote
was:
Ayes: 5 - Mayor Cretekos, Councilmember Hock-DiPolito, Councilmember
Jonson, Councilmember Hamilton and Vice Mayor Polglaze
11. City Attorney Reports — None.
12. Other Council Action
12.1 US 19 Overpass Landscaping - Discussion with Senator Latvala - Councilmember
Jonson
Councilmember Jonson deferred the discussion to another date and pulled
the Item 12.1
13. Closing comments by Councilmembers (limited to 3 minutes)
Councilmember Jonson thanked Duke Energy and the Regional Chamber of
Commerce for the recent solar energy presentation. He was disappointed that
the boating plan consultants did not get the formal go ahead to proceed until
September. The final boating plan report is pending, this critical dependency
was identified in the September ULI report and needed to complete the North
Marin Plan. Enjoyed festivities celebrating St. Petersburg College's 50th
Anniversary for their Clearwater campus.
14. Closing Comments by Mayor
Mayor Cretekos reviewed recent and upcoming events and congratulated St.
Petersburg College for their 50th Anniversary for their Clearwater campus, and
wished all a happy and safe Thanksgiving Holiday.
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City of Clearwater
City Council
15. Adjourn
Meeting Minutes November 18, 2015
The meeting adjourned at 7:46p.m.
—1 ctkcrti,C ,42;
Mayor
Attest City of Clearwater
City Clerk
City of Clearwater
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