12/20/2007
CITY COUNCIL MEETING MINUTES
CITY OF CLEARWATER
December 20, 2007
Present:
Frank Hibbard
John Doran
George N. Cretekos
Paul Gibson
Absent:
Carlen Petersen
Also present:
William B. Horne II
Jill S. Silverboard
Rod Irwin
Pamela K. Akin
Cynthia E. Goudeau
Patricia O. Sullivan
Mayor
Vice-Mayor
Councilmember
Councilmember
Councilmember
City Manager
Assistant City Manager
Assistant City Manager
City Attorney
City Clerk
Board Reporter
The Mayor called the meeting to order at 6:00 p.m. at City Hall. The Mayor offered the
invocation and led the Pledge of Allegiance.
To provide continuity for research, items are in agenda order although not
necessarily discussed in that order.
4 - Presentations:
4.1 Service Awards
One service award was presented to a City employee.
4.2 National Homeless Persons' Memorial Day Proclamation - December 21,2007
4.3 Miniature Arts Month Proclamation - January 2008
4.4 Festival of Trees - Parks and Recreation
UPARC (Upper Pinellas Association for Retarded Citizens) representative Fred Troth
reviewed the event, which supports UPARC.
4.5 Clothes to Kids Non-Profit OrQanization/lnformation on VolunteerinQ - Jennifer Silva,
Executive Director
Clothes to Kids representatives discussed the organization's efforts to provide new and
gently used clothing to low-income school-aged children in Pinellas County, free of charge.
5 - Approval of Minutes
5.1 Approve the minutes of the December 6, 2007, City Council MeetinQ as submitted in written
summation by the City Clerk.
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Councilmember Doran moved to approve the minutes of the December 6, 2007, City
Council Meeting as recorded and submitted in written summation by the City Clerk to each
Councilmember. The motion was duly seconded and carried unanimously.
6 - Citizens to be Heard re Items Not on the Agenda
GreQ Pound said he is running for Pinellas County Sheriff and expressed concern
regarding alleged abuse of his children while under State care.
Richard and Jan Peterson said their house flooded due to City actions and the City
needs to take care of the damages.
The City has paid for cleaning services and staff has requested repair estimates. Staff
will meet with the Petersons at their house or at the Municipal Services Building.
Ewa Kunowska complained regarding the election deadlines being changed after the
process began; requested an answer regarding removing parking spaces at her motel.
Rescheduling the election saved the City almost $60,000; other candidates were able to
meet the deadline. After long-term discussions, the City Council had determined it would be
appropriate to replace private parking in the Coronado Street public right-of-way with public
enhancements, including an improved road and sidewalk.
Public Hearings - Not before 6:00 p.m.
7 - Administrative Public Hearings
7.1 Approve the Annexation, Initial Land Use Plan DesiQnation of Residential Low (RL) and
Initial ZoninQ Atlas DesiQnation of Low Medium Density Residential (LMDR) District for 1509
Country Lane East (Lot 8, Country Lane, Sec. 08-29-16); and Pass Ordinances 7906-08,7907-
08 and 7908-08 on first readinQ. (ANX2007-09025)
This voluntary annexation petition involves a 0.386-acre property consisting of one
parcel of land occupied by a single-family dwelling. It is located on the east side of Country
Lane East approximately 480 feet south of State Road 590. The applicant is requesting this
annexation in order to receive sanitary sewer service from the City. The property is contiguous
to existing City boundaries to the north and east. It is proposed that the property be assigned a
Future Land Use Plan designation of Residential Low (RL) and a zoning category of Low
Medium Density Residential (LMDR).
The Planning Department determined that the proposed annexation is consistent with
the provisions of Community Development Code Section 4-604.E: 1) The applicant has paid all
of the City's sewer impact and assessment fees and the City is currently providing service.
Collection of solid waste will be provided by the City of Clearwater; 2) The property is located
within Police District III and service will be administered through Police Headquarters located at
2851 North McMullen-Booth Road. Fire and emergency medical services will be provided to
this property by Station 48 located at 1700 North Belcher Road; 3) The City has adequate
capacity to serve this property with sanitary sewer, solid waste, police, fire and EMS service;
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and 4) The proposed annexation will not have an adverse effect on public facilities and their
levels of service.
The proposed annexation is consistent with and promotes the following objective of the
Clearwater Comprehensive Plan: Objective 2.4: Compact urban development within the urban
service area shall be promoted through application of the Clearwater Community Development
Code. The proposed RL Future Land Use Plan category is consistent with the current
Countywide Plan designation of this property. This designation primarily permits residential
uses at a density of five units per acre. The proposed zoning district to be assigned to the
property is the 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,
City's Comprehensive Plan and Community Development Code. The property proposed for
annexation is contiguous to existing City boundaries to the north; therefore the annexation is
consistent with Florida Statutes Chapter 171.044. The Pinellas Planning Council (PPC) staff
has reviewed this annexation and no objections were raised.
Councilmember Cretekos moved to approve the Annexation, Initial Land Use Plan
Designation of Residential Low (RL) and Initial Zoning Atlas Designation of Low Medium
Density Residential (LMDR) District for 1509 Country Lane East (Lot 8, Country Lane, Sec. 08-
29-16). The motion was duly seconded and carried unanimously.
Ordinance 7906-08 was presented for first reading and read by title only.
Councilmember Gibson moved to pass Ordinance 7906-08 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Doran, Cretekos, Gibson, and Hibbard.
"Nays": None.
Ordinance 7907-08 was presented for first reading and read by title only.
Councilmember Doran moved to pass Ordinance 7907-08 on first reading. The motion was duly
seconded and upon roll call, the vote was:
"Ayes": Doran, Cretekos, Gibson, and Hibbard.
"Nays": None.
Ordinance 7908-08 was presented for first reading and read by title only.
Councilmember Cretekos moved to pass Ordinance 7908-08 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Doran, Cretekos, Gibson, and Hibbard.
"Nays": None.
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7.2 Approve amendments to the Community Development Code and pass Ordinance 7835-07
on first readinQ.
The Planning Department is recommending a total of 30 amendments to the Community
Development Code. The amendments that present a change in current policy or a new policy
issue are outlined here: 1) Parking Requirements for Marinas and Marina Facilities - The
parking formula is revised ensuring that adequate parking will be provided; 2) Permitted Uses
within Zoning Districts - This amendment adds certain uses as permitted uses within zoning
districts; 3) Comprehensive Sign Program - This amendment establishes a formal process for
submittal, review, and action on applications, with specific timeframes; 4) Implementation of
Levels One and Two Approvals - The amendments provide a performance specific test to
determine substantial development completeness. The amendments also prevent projects from
becoming vested yet remaining inactive; and 5) Other amendments do not have major policy
implications, but provide clarity.
The Community Development Board (CDB) reviewed this proposed set of text
amendments at its meeting on November 20,2007. The CDB unanimously recommended
approval with two recommendations: 1) That Section 3-903. A. be modified to read,
"... walkways leading to building entrances, driveway access to garages...." The Planning
Department concurs with the recommendation, which is incorporated in the ordinance and 2)
That Planning Department staff study the matter of the number of boat slips per parking space
and provide evidence to substantiate a recommendation for one parking space per two slips.
The recommendation for one parking space per two slips is justified as follows: a) Wade Trim
conducted research regarding marina high and dry parking needs. That research actually
indicates that one parking space for every two - four boat slips is adequate to accommodate
marinas, even in peak demand periods and b) The intent of the "one parking space per two
slips" amendments, as proposed by the Planning Department, is to achieve consistency with
other parking space requirements of the Community Development Code.
It was requested that staff provide a package explaining proposed amendments prior to
the meeting.
Concern was expressed that a proposed amendment referencing use of hurricane
shutters during hurricane season would negatively impact part-time residents. Discussion
ensued. Planning Director Michael Delk requested that proposed amendments related to
hurricane shutters be delayed for further staff review. Consensus was to strike Section 18 on
page 44 of the ordinance.
Councilmember Gibson moved to amend Ordinance 7835-07 to include: On pages 5, 34,
36,37, and 56, amend the ordinance as follows: Change "Publications and Printing" to
"Publishing and Printing" in Chart 2-100, Sections 2-1302,2-1303, and 8-102. On page 41,
amend Section 14 of the ordinance as follows: Except for fences, walls, outdoor lighting, signs,
minimum door landing required by the Florida Building Code, walkways leading to building
entrances, driveway access to garages, and/or vehicular cross access (driveways), shared
parking, and trash staging areas, no building or structure shall be permitted in a setback
required by the applicable zoning district. Sidewalks shall be no greater than 42 inches three
feet in width, nor greater in width than that required by the Florida Building Code. On Pages 47
- 48, amend Section 22 of the Ordinance as follows: Reinstate all of the strikethrough text,
delete all underlined language and add the following sentence to the end of paragraph one of
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Section 4-303 on page 47: The permit must be obtained within six months of the initial permit
application. This timeframe may be extended for an additional six months at the discretion of
the community development coordinator. On Pages 48 - 51, amend Section 23 of the
Ordinance as follows: Reinstate all of the strikethrough text, delete all underlined language and
add the following sentence after the first sentence of Section 4-407 on page 49: The permit
must be obtained within six months of the initial permit application. This timeframe may be
extended for an additional six months at the discretion of the community development
coordinator. On Page 56, amend Section 28 of the ordinance as follows: Section 8-102,
Definitions Seasonal Sales means a sale conducted during traditional holidays or seasons in
which special items are sold. Only items traditionally considered as associated with the
particular season, including plant materials and fireworks, are allowed to be sold and general
merchandise not associated with the seasonal sale such as toys, tools, clothing, etc are
prohibited from being sold as a seasonal sale item. On Page 59, amend Section 35 of the
ordinance as follows: This ordinance shall take effect immediately upon adoption, that the
provisions of Section 26 of this Ordinance shall take effect on March 1, 2008. The motion was
duly seconded and carried unanimously.
Councilmember Doran move to approve Item 7.2 as amended. The motion was duly
seconded and carried unanimously.
Ordinance 7835-07 was presented for first reading as amended and read by title only.
Councilmember Gibson moved to pass Ordinance 7835-07 as amended on first reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes": Doran, Cretekos, Gibson, and Hibbard.
"Nays": None.
8 - Second Readings - Public Hearing
8.1 Adopt Ordinance 7843-07 on second readinQ, amendinQ the future land use plan element of
the Comprehensive Plan of the city to chanQe the land use desiQnation for certain real property
whose post office address is 2990 TanQlewood Drive from Residential Urban to Residential
Medium.
Ordinance 7843-07 was presented for second reading and read by title only.
Councilmember Cretekos moved to pass and adopt Ordinance 7843-070n second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Doran, Cretekos, Gibson, and Hibbard.
"Nays": None.
City Manager Reports
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9 - Consent Agenda - Adopted as submitted.
9.1 Approve the Interlocal AQreement with Pinellas County to extend the Infrastructure Sales
Surtax (Penny for Pinellas) for ten years effective February 1,2010 throuQh January 31,2020
and authorize the appropriate officials to execute same. (consent)
9.2 Approve the First Amendment to the Interlocal AQreement that clarifies property ownership
of the shelter-use related improvements to Ross Norton Recreation Complex and authorize the
appropriate officials to execute same. (consent)
9.3 Approve a Florida Communities Trust (FCT) project Qrant aQreement for the acquisition of
properties creatinQ the Lake Chautauqua Equestrian and Nature Preserve, in the amount of
$4,800,000, between the State of Florida Department of Community Affairs and the City of
Clearwater and authorize the appropriate officials to execute same. (consent)
9.4 Award a contract (purchase order) for $450,738 to Duval Ford of Jacksonville, Florida for 18
Ford Crown Victoria Police Cruisers in accordance with See 2.564(1)(d), Code of Ordinances -
Other Qovernmental bid, authorize lease purchase under the City's Master Lease Purchase
AQreement and authorize appropriate officials to execute same. (consent)
9.5 Award a Contract (Purchase Order) to RinQ Power of Riverview, FL for the purchase of one
Caterpillar MT525B Tractor with ChallenQer slope mower at a cost of $117,950 in accordance
with Sec. 2.564(1)(d), Code of Ordinances - Other Qovernmental bid, authorize lease purchase
under City's master lease purchase aQreement and authorize appropriate officials to execute
same. (consent)
9.6 Accept a perpetual SubmerQed Lands Easement to encumber a 15,000 square-foot portion
of those submerQed lands abuttinQ the easterly terminus of Bay Esplanade and the City's
Clearwater Beach Recreation Center property, situated in the Southwest 1/4 of Sec. 5-29-15 as
conveyed by Bayesplanade.com., LLC, a Florida limited liability company in consideration of
receipt of $1 and the benefits to be derived therefrom. (consent)
9.7 Approve a work order to Owen Ayres and Associates, Inc. (EOR) in the amount of $140,000
for professional enQineerinQ services related to the desiQn of the new Clearwater Beach
Recreation Center Boat Ramp and establish the capital improvement proQram (CIP) project
0315-93408, Clearwater Beach Recreation Center Boat Ramp Replacement in the amount of
$700,000 from the unappropriated retained earninQs of the General Fund. (consent)
9.8 Accept a DrainaQe and Utility Easement over, across and under a portion of Lot 1, Block B,
BAYSIDE SUBDIVISION NO.5, containinQ 106.51 square-feet, more or less, conveyed by
Center Family Limited, a Florida limited partnership ("Grantor"), Qiven in consideration of receipt
of $1 and the benefits to be derived therefrom. (consent)
9.9 Accept a perpetual 638 square-foot Electric Utility Easement over, across and under a
portion of Lot 6, Block 14, GOULD AND EWING'S 1ST ADDITION TO CLEARWATER
HARBOR conveyed by Scott MortQaQe, Inc. in consideration of receipt of $1 and the benefits to
be derived therefrom. (consent)
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9.10 Award a contract to TLC Diversified of Palmetto, FL, in the amount of $5,847,803.40 for
construction of the Headworks ScreeninQ and Grit Removal Improvements Project for the
Northeast, Marshall Street and East Advanced Pollution Control Facilities (APCFs), (project
number 05-0063-UT), which is the lowest responsible bid received in accordance with the plans
and specifications for this project; and award a Work Order in the amount of $186,535 to Jones,
Edmunds & Associates (JEA), an EnQineer-of-Record for the City of Clearwater, to provide
Construction EnQineerinQ and Inspection (CEI) Services for the construction of this project, and
that the appropriate officials be authorized to execute same. (consent)
9.11 Accept InQress and EQress easement over and across the North 15 feet of Lot 2,
LAKEVIEW ROAD SUBDIVISION conveyed by Power LeQal Advisory, Inc., a Florida
corporation ("Grantor"), Qiven in consideration of receipt of $1 and the benefits to be derived
therefrom. (consent)
9.12 Approve a First Amendment to Land Lease AQreement ("Amendment") with Crown Castle
GT Company, LLC, successor in interest to GTE Mobilnet of Tampa, Inc. ("Tenant") under that
certain Land Lease AQreement dated July 26, 1995 ("Lease") of City-owned lands in the
Southeast 1/4 of Sec. 21-28-16, QrantinQ two additional options to extend said Lease for terms
of five years each in consideration of Tenant PayinQ monthly rental of $2.200 per month
effective January 1, 2008 throuQh July 31, 2009, adjustinQ thereafter as provided in the
Amendment, and upon Tenant's faithful compliance with all other terms and provisions of said
Lease and the Amendment, and authorize appropriate officials to execute same. (consent)
9.13 Approve the Work Order to PARSONS Water and Infrastructure, Inc. for desiQn
enQineerinQ services for the NEAPCF Secondary DiQester Refurbishment Phase II. final desiQn
phase, in the amount of $187,688 and authorize the appropriate officials to execute same.
( consent)
9.14 Approve the 2008 State LeQislative PackaQe. (consent).
Councilmember Doran moved to approve the Consent Agenda as submitted and that the
appropriate officials be authorized to execute same. The motion was duly seconded and
carried unanimously.
Miscellaneous Reports and Items
The City Attorney reviewed prohibitions on ex-parte communications prior to quasi-
judicial hearings. City Councilmembers must disclose all related conversations at those
meetings.
10 - City Manager Verbal Reports
Public Communications Director Doug Matthews and Information Technology Director
Dan Mayer reviewed basic video streaming troubleshooting steps.
The City Manager wished Happy Holidays to the City Council and residents.
11 - Other Council Action
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Councilmembers reported on events in which they recently participated and reviewed
upcoming events; sent best wishes to Duke and Genie Tieman following their house fire; wished
all a safe and Happy Holidays.
Councilmember Doran congratulated Patrick Conrey for being named Firefighter of the
Year; wished JB Johnson a speedy recovery.
12 - Adjourn
The meeting adjourned at 7:28 p.m.
Attest:
~l':Z 1l..Q-____
Clt erk
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