01/17/2008
CITY COUNCIL MEETING MINUTES
CITY OF CLEARWATER
January 17, 2008
Present:
Frank Hibbard
John Doran
Carlen Petersen
George N. Cretekos
Paul Gibson
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 invocation was
offered by Assistant Pastor Thomas Jones of Flowing River 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 - Presentations:
4.1 Adopt-a-Street ProQram RecoQnition
The Mayor recognized the efforts of the Countryside Kiwanis, Diane and Frank Ingram,
John Wiser, and the Philip Curry Family to clean City rights-of-way.
5 - Approval of Minutes
5.1 Approve the minutes of the December 20, 2007 City Council MeetinQ as submitted in written
summation by the City Clerk.
Councilmember Petersen moved to approve the minutes of the December 20, 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
Pat Vasser opposed suggested changes to Beach Walk seating areas.
Seven people spoke in support of downtown sandwich board signs.
GreQ Pound alleged Florida's juvenile welfare system is broken.
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Public Hearings - Not before 6:00 p.m.
7 - Administrative Public Hearings
7.1 Approve the applicant's request to vacate the 40-foot drainaQe and utility easement lyinQ
alonQ the east property lines of Lot 2, Lokey Subdivision and Lot 1, Sever Subdivision, (AKA
19820 U.S. 19 North), as more particularly described in the ordinance, and pass Ordinance
7911-08 on first readinQ.
The applicant is seeking approval of the vacation in order to more fully develop the
Lokey Motors Car Dealership in the subject easement area. Verizon, Knology Broadband,
Bright House and Progress Energy have no objections to the vacation request. The City of
Clearwater has no utilities in the subject easement except for a sanitary sewer line located in a
15-foot easement that will remain after the 40-foot drainage and utility easement is vacated.
Councilmember Cretekos moved to approve the applicant's request to vacate the 40-foot
drainage and utility easement lying along the east property lines of Lot 2, Lokey Subdivision and
Lot 1, Sever Subdivision, (AKA 19820 U.S. 19 North), as more particularly described in the
ordinance. The motion was duly seconded and carried unanimously.
Ordinance 7911-08 was presented for first reading and read by title only.
Councilmember Gibson moved to pass Ordinance 7911-08 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard.
"Nays": None.
7.2 Approve the Annexation of certain real property located on part of Lawson Road and all of
Blackburn Street, north of Sunset Point Road and west of US HiQhway 19 (consistinQ of a
portion of Sec. 6-29-16, at a Qeneral site location with the Post Office Address of 2530 Sunset
Point Road); and Pass Ordinance 7910-08 on first readinQ. (ANX2007-10026)
This annexation petition involves a 1.3491-acre property consisting of a portion of right-
of-way consisting of part of Lawson Road and all of Blackburn Street. It is located on the north
side of Sunset Point Road, and west of US Highway 19. The City of Clearwater is requesting
this annexation in order to comply with a City Engineering condition of site plan approval, that
Lawson Road and Blackburn Street be improved to City Standards prior to the issuance of a
Certificate of Occupancy (Development Order - Case FLD2004-02011A/PL T2004-00007A-
2520 Sunset Point Road). There are no ordinances for future land use nor zoning designations
because the proposed annexation is a small segment of right-of-way, located within County
jurisdiction.
The Planning Department determined that the proposed annexation is consistent with
the provisions of Community Development Code Section 4-604.E as follows: 1) 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 Development Code; 2) The proposed
annexation will not have an adverse impact on public facilities and their level of service; 3) The
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proposed annexation is consistent with the City's Comprehensive Plan, the Countywide Plan,
the Community Development Code and Pinellas County and Florida Law; and 4) The property
proposed for annexation is contiguous to existing City boundaries to the north, south, east, and
west; represents a logical extension of the boundaries and does not create an enclave;
therefore the annexation is consistent with Florida Statutes Chapter 171.044.
Councilmember Petersen moved to approve the Annexation of certain real property
located on part of Lawson Road and all of Blackburn Street, north of Sunset Point Road and
west of US Highway 19 (consisting of a portion of Sec. 6-29-16, at a general site location with
the Post Office Address of 2530 Sunset Point Road). The motion was duly seconded and
carried unanimously.
Ordinance 7910-08 was presented for first reading and read by title only.
Councilmember Doran moved to pass Ordinance 7910-08 on first reading. The motion was duly
seconded and upon roll call, the vote was:
"Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard.
"Nays": None.
8 - Second Readings - Public Hearing
8.1 Adopt Ordinance 7835-07 on second readinQ, makinQ various amendments to the
Community Development Code.
Ordinance 7835-07 was presented for second reading and read by title only.
Councilmember Cretekos moved to pass and adopt Ordinance 7835-07 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard.
"Nays": None.
8.2 Adopt Ordinance 7906-08 on second readinQ, annexinQ certain real property whose post
office address is 1509 Country Lane East into the corporate limits of the city and redefininQ the
boundary lines of the city to include said addition.
Ordinance 7906-08 was presented for second reading and read by title only.
Councilmember Gibson moved to pass and adopt Ordinance 7906-08 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard.
"Nays": None.
8.3 Adopt Ordinance 7907-08 on second readinQ, amendinQ the future land use plan element of
the Comprehensive Plan of the city to desiQnate the land use for certain real property whose
post office address is 1509 Country Lane East, upon annexation into the City of Clearwater, as
Residential Low (RL).
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Ordinance 7907-08 was presented for second reading and read by title only.
Councilmember Petersen moved to pass and adopt Ordinance 7907-08 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard.
"Nays": None.
8.4 Adopt Ordinance 7908-08 on second readinQ, amendinQ the ZoninQ Atlas of the city by
zoninQ certain real property whose post office address is 1509 Country Lane East, upon
annexation into the City of Clearwater, as Low Medium Density Residential (LMDR).
Ordinance 7908-08 was presented for second reading and read by title only.
Councilmember Doran moved to pass and adopt Ordinance 7908-08 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard.
"Nays": None.
City Manager Reports
9 - Consent Agenda - Approved as submitted
9.1 Increase the award of contract with Quorum Services, Tampa, Florida, for buildinQ
inspection and buildinQ plans review services to a total award of $250,000 throuQh September
30, 2008; and that the appropriate officials be authorized to execute the same. (consent)
9.2 Award a contract (purchase order) to Office Depot, Tampa, Florida, in the amount of
$750,000, for the purchase of miscellaneous office supplies durinQ the contract period February
1,2008 throuQh December 31,2009 in accordance with See 2.564 (1)(d), Code of Ordinances-
other Qovernmental bid, and that appropriate officials be authorized to execute same. (consent)
9.3 Ratify and confirm the payment of $120,000, as full and final settlement of the claim of
Edwooth Boles and accept insurance check in amount of $120,000 as reimbursement for
settlement expenses, and authorize the appropriate officials to execute same. (consent)
9.4 Approve the Award of Bid 04-08 Installation of Gas Mains, Service Lines and UnderQround
House PipinQ at Various Locations in the total amount of $981,780 (actual bid of $891,782.50)
and approve a Purchase Order in the amount of $831,780 for the Installation of Gas Mains and
Service Lines at Various Locations ($150,000 approved as an ITEM FOR RESALE by
ManaQinQ Director and Executive Officer, Clearwater Gas System) to Florida Gas and Electric
Corporation 8011 Land O'Lakes Boulevard Land O'Lakes, FL 34638 for the period February 1,
2008 to January 31, 2009. (consent)
9.5 Award a contract to Oakhurst Construction of Seminole, Florida, Bid 07-00044PR, for the
sum of $606,873.15 (which includes base bid, Alternate 6, 7 and 5% continQency), for the
renovation of the Clearwater Beach Recreation Center to accommodate the Beach Library and
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authorize the appropriate officials to execute same; and funds of $216,873.15 be transferred
from retained earninQs of the Qeneral fund at first quarter to CIP 315-93265; and approve
Alternate 1 for an additional $64,000 with additional funds cominQ from retained earninQs.
( consent)
9.6 Award a ContracHPurchase Order)for $351,387.00 to Rush Truck Center of Tampa, FL for
three Peterbilt Model 320 Chassis in accordance with Sec. 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)
9.7 Award a contract (Purchase Order) for $266,484.00 to Container Systems and Equipment of
Daytona Beach, FL for three Wayne Curbtender Automated Side Loader Bodies in accordance
with Sec. 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)
9.8 Approve the Declaration of Cooperation of the Tampa Bay NitroQen ManaQement
Consortium of the Tampa Bay Estuary ProQram. (consent)
9.9 Award a contract to Southwest ContractinQ of Odessa, Florida for the 2007 Sidewalk
Contract (07 -0023-EN), in the amount of $189,430.45, which is the lowest responsible bid
received in accordance with the plans and specifications and authorize the appropriate officials
to execute same. (consent)
9.10 Award a contract to Interstate EnQineerinQ Corp of Salem, MA in the amount of $739.200
for construction of the Water Treatment Plant No.1 - Multi-Media Filter Improvements Proiect
(06-0051-UT), which is the lowest responsible bid received in accordance with the plans and
specifications for this proiect, and that the appropriate officials be authorized to execute same.
( consent)
9.11 Accept a SiQnal Utility Easement containinQ 238.90 square-feet, more or less, over, across,
and under a portion of Gulf-to-Bay Plaza lyinQ and beinQ situate in the Northwest 1/4 of the
Southwest 1/4 of Sec. 18-29-16, as conveyed by Ellis & Company, LLLP, a Florida limited
liability limited partnership, in consideration of receipt of $1 and the benefits to be derived
therefrom. (consent)
9.12 Approve a three-year VeQetation Control & Lake Maintenance Contract to BioloQical
Research & Associates (BRA) in the estimated amount of $475,000 and authorize the
appropriate officials to execute same. (consent)
9.13 Reappoint Ron Whitcomb to the Parks and Recreation Advisory Board with the term
expirinQ on January 31. 2012. (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.
10 - Other items on City Manager Reports
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10.1 Adopt Resolution 08-02, supportinQ the Florida LeaQue of Cities' leQislative priorities.
The Florida of League of Cities Board of Directors has asked each of Florida's
municipalities to adopt a resolution that supports the League's key issues during the 2008 State
Legislative Session.
The Resolution urges the Florida Legislature to support legislation that: 1) Reauthorizes
the affordable housing trust funds, preserves the documentary stamp fee as the trust funds'
funding source and removes the legislative cap on fund distribution; 2) Enhances public notice
of and participation in state environmental permitting processes; 3) Fully funds growth
management mandates and provides municipalities with state and local option revenue sources;
4) Allows municipalities and counties to reclassify businesses, professions, and occupations
and establish new rate structures for local business taxes on a periodic basis; 5) Enhances
municipal control over municipal employee pension plan management and funding; 6)
Preserves and protects property rights of mobile home owners, when mobile home parks are
rezoned, but not in a manner that requires removal costs to be the responsibility of local
governments; 7) Broadens municipal home rule to issue tax-increment financed bonds and
other forms of indebtedness without approval by referendum; 8) Provides an equitable,
dedicated and recurring revenue source for municipal transportation projects and opposes
legislation that diverts state transportation trust fund revenues to balance the state budget; 9)
Prohibits the Florida Department of Transportation from eliminating, deferring or delaying
capacity improvement projects contained in the 5-year Work Plan when it negatively impacts the
comprehensive plan of the local government; 10) Authorizes the use of electronic traffic
infraction detectors at traffic intersections; and 11) Maintains or increases funding of the state
Water Protection and Sustainability Trust Fund.
Councilmember Cretekos moved to support the Florida League of Cities' legislative
priorities. The motion was duly seconded and carried unanimously.
Resolution 08-02 was presented and read by title only. Councilmember Gibson moved
to pass and adopt Resolution 08-02 and authorize the appropriate officials to execute same.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard.
"Nays": None.
Miscellaneous Reports and Items
11 - City Manager Verbal Reports
Beachwalk Project - Red Roof Inn request
City Engineer Mike Quillen reviewed his January 17, 2008 memorandum regarding
Beachwalk improvements under construction adjacent to the Red Roof Inn. Mr. Cole had
expressed concerns that five planned palm trees would block hotel room gulf views, that the
entrance sign blocks hotel signage, and that people congregating on nearby seat walls would
disturb hotel guests. Staff recommendations: 1) relocate three palms from south entrance to
Beach Walk; 2) property owner work with the Planning Department to determine suitable sign
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location and height; and 3) leave seat wall cap as is; address it later if problems occur. Cap
installation cost was $6,300. Removal/ replacement with tapered triangular cap would cost
approximately $10,000.
Discussion ensued with comments that Beach Walk was designed to attract people and
the Council should wait to see if problems occur. It was stated Mr. Cole has supported the
project since its inception and agreed with staff recommendations.
Consensus was to support staff recommendations.
12 - Council Discussion Item
12.1 U.S. 19 and Enterprise InterchanQe - Mayor Hibbard
Traffic Operations Manager Paul Bertels reported due to budget constraints, FDOT
(Florida Department of Transportation) is considering alternative concepts for upgrading the US
19/Enterprise Road interchange. Original design - Six-Lane Elevated Roadway - two-lane, one-
way frontage lanes within existing right-of-way - $73-million estimated construction costs.
Alternative FDOT concepts: 1) Six-Lane Roadway - close all median openings south to Sunset
Point Road - northbound service road provides access to Enterprise Road, westbound thru and
westbound left turn vehicles make U-turn at Countryside Boulevard - $4.6-million estimated
construction costs; 2) Eight-Lane Roadway - close all median openings south to Sunset Point
Road - northbound service road provides access to Enterprise Road, westbound thru and
westbound left turn vehicles make U-turn at Countryside Boulevard - $13-million estimated
construction costs plus right-of-way costs for ponds; 3) Frontage Lanes - Six-Lane Roadway -
two-lane, one-way frontage lanes - close all median openings south to Sunset Point Road -
northbound/southbound frontage lanes provide access to Enterprise Road, westbound thru and
westbound left turn vehicles make U-turn at Countryside Boulevard - $31.3-million estimated
construction costs plus right-of-way costs for ponds.
Discussion ensued. It was recommended the City lobby USDOT and FDOT for the
original design. It was recommended that intersection upgrades prevent left turns onto
Enterprise from the Cypress Point shopping center's side entrance.
Consensus was to support Alternative 3 with 6-lane roadway and 2 frontage lanes if the
original design with an overpass cannot be constructed.
Downtown Sandwich Board SiQns
Discussion ensued regarding downtown merchant requests to continue using sandwich
boards following completion of the streetscaping project. It was suggested to allow the signs in
the downtown area for a one-year trial and decide whether to sunset the provision or expand to
other areas. Concern was expressed that location of the sandwich boards on sidewalk may
create a safety hazard.
It was stated that amendments to the Downtown Plan and Land Development Code
would be necessary and should include additional location criteria.
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Councilmember Gibson moved to direct staff to draft an ordinance amending the
downtown plan and land development code to allow sandwich board signs only in downtown for
one year and provide design and location criteria. The motion was duly seconded and carried
unanimously.
13 - Other Council Actions
Councilmembers reported on events in which they recently participated and reviewed
upcoming events; wished residents Happy New Year; congratulated North Greenwood Library
on its fifth anniversary.
Councilmember Gibson discussed PST A's (Pinellas Suncoast Transit Authority) 10-year
plan to double its ridership.
Councilmember Doran supported Charter Amendment 1, allowing the donation of vacant
lots up to one-half acre for affordable housing; encouraged participation in Sister Cities
program.
Mayor Hibbard congratulated Charles McMann on his 100th birthday.
14 - Adjourn
The meeting adjourned at 7:36 p.m.
~ fr?-/~
l\7(ayor
City of Clearwater
Attest:
(~..: '2 )1", - , l:d. "'-'-
Cit lerk
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