City Council Meeting Minutes March 5, Draft. City of Clearwater. City Hall 112 S. Osceola Avenue Clearwater, FL

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1 City Hall 112 S. Osceola Avenue Clearwater, FL Meeting Minutes Thursday, March 5, :00 PM Council Chambers City Council Page 1

2 Roll Call Present: 5 - Mayor George N. Cretekos, Vice Mayor Doreen Hock-DiPolito, Councilmember Bill Jonson, Councilmember Hoyt Hamilton and Councilmember Jay E. Polglaze Also Present: William B. Horne II - City Manager, Jill Silverboard Assistant City Manager, Rod Irwin - Assistant City Manager, Pamela K. Akin - City Attorney, Rosemarie Call - City Clerk, and Nicole Sprague Official Records and Legislative Services Coordinator To provide continuity for research, items are listed in agenda order although not necessarily discussed in that order. Unapproved 1. Call to Order Mayor Cretekos The meeting was called to order at 6:00 p.m. at City Hall. 2. Invocation Bishop George Klinger from The Church of Jesus Christ Latter-Day Saints 3. Pledge of Allegiance Councilmember Hamilton 4. Special recognitions and awards (Proclamations, service awards, or other special recognitions) Given. 4.1 Youth Arts Month Proclamation, March 2015 Beth Daniels, Clearwater Arts Alliance President 4.2 Clearwater for Youth Presentation Kevin Dunbar, Parks and Recreation Director Mr. Dunbar presented eight local students who were awarded scholarships. 4.3 US Coast Guard Awards Non-Commissioned USCG Officer, Chief of the Year - Chief John Hamilton Captain Rich Lorenzen - Commanding Officer FSC John Hamilton - Chief Petty Officer of the Year LT Meg Dillon - Officer of the Year LCDR Micah Acree - Admin Officer Representative for Department of the Year Page 2

3 Karolina Vega Coast Guardsman of the Year for Sand Key Station Yeoman First Class Reanna Wack Enlisted Person of the Year Mayor Cretekos recognized the honorees and thanked them for their dedicated service. 4.4 Florida Surveyors and Mappers Week Proclamation, March 15-21, 2015 Tom Mahony, Engineering 5. Approval of Minutes 5.1 Approve the minutes of the February 19, 2015 City Council Meeting as submitted in written summation by the City Clerk. Councilmember Jonson moved to approve the minutes of the February 19, 2015 City Council Meeting as submitted in written summation by the City Clerk. The motion was duly seconded and carried unanimously. 6. Citizens to be heard re items not on the agenda John Hood presented the City with a copy of the National Audubon Society's Birds of America. Lillie Henry reviewed recent activities at the Martin Luther King, Jr. Neighborhood Center and encouraged all to visit the Center. 7. Consent Agenda Approved as submitted. 7.1 Request authority to institute a civil action on behalf of the City against Future Works Communication, Inc., to recover $10, for damages to city property. (consent) 7.2 Authorize settlement of Joshua Gold v., Case CI-15, for payment by the City for $40, in exchange for full release from plaintiff and dismissal of action with prejudice. (consent) 7.3 Approve an increase of $2,138,538 in the Clearwater Gas System (CGS) Fiscal Year 14/15 Dividend to the City General Fund and allocate $850,000 of this back to the Clearwater Gas System for following: $810,000 to accelerate the CGS Antiquated Main Replacement Program; and $40,000 for payment of Clearwater s July 4 Fireworks Sponsorship. (consent) Page 3

4 7.4 Approve Event Agreement (Agreement) between the City and Beasley Media Group, Inc. (Beasley) to use Coachman Park on March 7, 2015 to produce, organize and coordinate an outdoor concert event known as Wild Splash and authorize the appropriate officials to execute same. (consent) 7.5 Approve the purchase of excess property insurance, including Inland Marine, Boiler and Machinery, and Terrorism coverages, from April 1, 2015 to April 1, 2016, at the level of insurance provided for in this agenda item, at an amount not to exceed $1,816,448, and authorize the appropriate officials to execute same. (consent) 7.6 Award a contract for utility rate study and other professional services for the five-year period ending February 29, 2020, for the Water and Sewer; Stormwater; and Solid Waste and Recycling utilities to Burton and Associates, Inc. for a not-to-exceed amount of $329,000, and authorize the appropriate officials to execute same. (consent) Vice Mayor Hock-DiPolito moved to approve the Consent Agenda as submitted and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. Public Hearings - Not before 6:00 PM 8. Administrative Public Hearings 8.1 Approve the request from Clearwater Academy, Inc. to vacate a portion of Prospect Avenue, a public right-of-way; and pass Ordinance on first reading. (VAC ) Clearwater Academy, Inc. has requested the vacation of the portion of Prospect Street between Drew Street and Grove Street. The right-of-way is 20-ft. wide, which is substandard for traffic circulation. There are public and private utilities located within the right-of-way. The City will retain a utility easement over the vacated area and the ordinance requires the property owners to grant easements to Duke Energy, Verizon Florida, Bright House Networks and Knology of Central Florida (d.b.a. WOW!). In response to a question, Real Estate Services Coordinator Chuck Lane said Clearwater Academy owns the west side; the right-of-way will go to the east side. The property owners on the east side will grant easements for utilities. Councilmember Polglaze moved to approve the request from Clearwater Academy, Inc. to vacate a portion of Prospect Avenue, a Page 4

5 public right-of-way. The motion was duly seconded and carried unanimously. Ordinance was presented and read by title only. Councilmember Hamilton moved to pass Ordinance on first reading. The motion was duly seconded and upon roll call, the vote was: 8.2 Approve the request from Yarab Holdings, LLC to vacate a portion of a platted drainage easement; and pass Ordinance on first reading. (VAC ) Yarab Holdings, LLC has requested the drainage easement vacation for the purpose of making improvements to property located at 407 Aurora Avenue. Staff has reviewed the request; the City s Stormwater Division has no current need and anticipates no future need for the easement for drainage purposes. Councilmember Jonson moved to approve the request from Yarab Holdings, LLC to vacate a portion of a platted drainage easement. The motion was duly seconded and carried unanimously. Ordinance was presented and read by title only. Vice Mayor Hock-DiPolito moved to pass Ordinance on first reading. The motion was duly seconded and upon roll call, the vote was: 8.3 Approve the request from Prospect Park Development, LLC to vacate a portion of Park Street, a public right-of-way; and pass Ordinance on first reading. (VAC ) Prospect Park Development, LLC (Owner) has requested the right-of-way vacation for the purpose of incorporating the vacated area into a proposed development project in Downtown Clearwater. The Owner will be submitting a plat for City approval over property including the vacated right-of-way. There are public and private utilities located within the right-of-way. The ordinance is contingent upon necessary easements being dedicated to the public by plat. Vice Mayor Hock-DiPolito moved to approve the request from Prospect Park Development, LLC to vacate a portion of Park Street, Page 5

6 a public right-of-way. The motion was duly seconded and carried unanimously. Ordinance was presented and read by title only. Councilmember Polglaze moved to pass Ordinance on first reading. The motion was duly seconded and upon roll call, the vote was: 9. Second Readings - Public Hearing 9.1 Adopt Ordinance on second reading, annexing certain real properties whose post office addresses are 1331 Union Street, 1921 and 1938 Macomber Avenue, 1925 North Betty Lane, and 1927 and 1936 Chenango Avenue, all in Clearwater, Florida 33755, together with certain right-of-way of The Mall, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Staff has provided a Motion to Amend: striking not currently within the city, into the corporate limits of the city, from the ordinance title (lines 10-12). Ordinance was presented and read by title only. Councilmember Hamilton moved to adopt Ordinance on second and final reading. The motion was duly seconded. Councilmember Jonson moved to amend Ordinance as follows: AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTIES LOCATED GENERALLY SOUTH OF UNION STREET, EAST OF DOUGLAS AVENUE, NORTH OF SUNSET POINT ROAD, AND WEST OF KINGS HIGHWAY, WHOSE POST OFFICE ADDRESSES ARE 1331 UNION STREET, 1921 AND 1938 MACOMBER AVENUE, 1925 NORTH BETTY LANE, AND 1927 AND 1936 CHENANGO AVENUE, ALL IN CLEARWATER, FLORIDA 33755, TOGETHER WITH CERTAIN RIGHT-OF-WAY OF THE MALL NOT CURRENTLY WITHIN THE CITY, INTO THE CORPORATE LIMITS OF THE CITY, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. The motion was duly seconded and carried unanimously. Upon roll call, the vote to adopt Ordinance as amended Page 6

7 was: 9.2 Adopt Ordinance on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real properties whose post office addresses are 1331 Union Street, 1921 and 1938 Macomber Avenue, 1925 North Betty Lane, and 1927 and 1936 Chenango Avenue, all in Clearwater, Florida 33755, upon annexation into the, as Residential Urban (RU). Staff has provided a Motion to Amend: striking, together with certain right-of-way of the mall not currently within the city (lines 12-13). Ordinance was presented and read by title only. Vice Mayor Hock-DiPolito moved to adopt Ordinance on second and final reading. The motion was duly seconded. Councilmember Polglaze moved to amend Ordinance as follows: AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTIES LOCATED GENERALLY SOUTH OF UNION STREET, EAST OF DOUGLAS AVENUE, NORTH OF SUNSET POINT ROAD, AND WEST OF KINGS HIGHWAY, WHOSE POST OFFICE ADDRESSES ARE 1331 UNION STREET, 1921 AND 1938 MACOMBER AVENUE, 1925 NORTH BETTY LANE, AND 1927 AND 1936 CHENANGO AVENUE, ALL IN CLEARWATER, FLORIDA 33755, TOGETHER WITH CERTAIN RIGHT-OF-WAY OF THE MALL NOT CURRENTLY WITHIN THE CITY, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL URBAN (RU); PROVIDING AN EFFECTIVE DATE. The motion was duly seconded and carried unanimously. Upon roll call, the vote to adopt Ordinance as amended was: 9.3 Adopt Ordinance on second reading, amending the Zoning Atlas of the city by zoning certain real properties whose post office addresses are 1331 Union Street, Page 7

8 1921 and 1938 Macomber Avenue, 1925 North Betty Lane, and 1927 and 1936 Chenango Avenue, all in Clearwater, Florida 33755, upon annexation into the City of Clearwater as Low Medium Density Residential (LMDR). Ordinance was presented and read by title only. Councilmember Hamilton moved to adopt Ordinance on second and final reading. The motion was duly seconded and upon roll call, the vote was: 9.4 Adopt Ordinance on second reading, annexing certain real properties whose post office addresses are 1920 North Betty Lane, 1925 Chenango Avenue, and 1936 Macomber Avenue, all in Clearwater, Florida 33755, along with certain right-of-way of North Betty Lane, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Ordinance was presented and read by title only. Councilmember Jonson moved to adopt Ordinance on second and final reading. The motion was duly seconded and upon roll call, the vote was: 9.5 Adopt Ordinance on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real properties whose post office addresses are 1920 North Betty Lane, 1925 Chenango Avenue, and 1936 Macomber Avenue, all in Clearwater, Florida 33755, upon annexation into the, as Residential Urban (RU). Ordinance was presented and read by title only. Vice Mayor Hock-DiPolito moved to adopt Ordinance on second and final reading. The motion was duly seconded and upon roll call, the vote was: 9.6 Adopt Ordinance on second reading, amending the Zoning Atlas of the city by zoning certain real properties whose post office addresses are 1920 North Betty Lane, 1925 Chenango Avenue, and 1936 Macomber Avenue, all in Clearwater, Page 8

9 Florida 33755, upon annexation into the as Low Medium Density Residential (LMDR). Ordinance was presented and read by title only. Councilmember Polglaze moved to adopt Ordinance on second and final reading. The motion was duly seconded and upon roll call, the vote was: 9.7 Adopt Ordinance on second reading, annexing certain real property whose post office address is 1930 Macomber Avenue, Clearwater, Florida 33755, together with all right-of-way of Macomber Avenue, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Ordinance was presented and read by title only. Councilmember Hamilton moved to adopt Ordinance on second and final reading. The motion was duly seconded and upon roll call, the vote was: 9.8 Adopt Ordinance on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for annexing certain real property whose post office address is 1930 Macomber Avenue, Clearwater, Florida 33755, upon annexation into the, as Residential Urban (RU). Ordinance was presented and read by title only. Councilmember Jonson moved to adopt Ordinance on second and final reading. The motion was duly seconded and upon roll call, the vote was: 9.9 Adopt Ordinance on second reading, amending the Zoning Atlas of the city by zoning annexing certain real property whose post office address is 1930 Macomber Avenue, Clearwater, Florida 33755, upon annexation into the, as Low Medium Density Residential (LMDR). Page 9

10 Ordinance was presented and read by title only. Vice Mayor Hock-DiPolito moved to adopt Ordinance on second and final reading. The motion was duly seconded and upon roll call, the vote was: 9.10 Adopt Ordinance on second reading, annexing certain real properties whose post office addresses are 1753 and 1756 Evans Drive, 1773 Owen Drive, 1800 Cardinal Drive, 2634 Woodring Drive, and 2735/2737 South Drive, all in Clearwater, Florida 33759, together with certain rights-of-way of Evans Drive and South Drive, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Staff has provided a Motion to Amend: replacing the word Route in the ordinance title with Road. Ordinance was presented and read by title only. Councilmember Polglaze moved to adopt Ordinance on second and final reading. The motion was duly seconded. Councilmember Hamilton moved to amend Ordinance as follows: AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTIES LOCATED GENERALLY SOUTH OF SUNSET POINT ROAD, EAST OF US HIGHWAY 19, NORTH OF STATE ROAD ROUTE 590, AND WEST OF EL TRINIDAD DRIVE, WHOSE POST OFFICE ADDRESSES ARE 1753 AND 1756 EVANS DRIVE, 1773 OWEN DRIVE, 1800 CARDINAL DRIVE, 2634 WOODRING DRIVE, AND 2735/2737 SOUTH DRIVE, ALL IN CLEARWATER, FLORIDA 33759, TOGETHER WITH CERTAIN RIGHT-OF-WAYS OF EVANS DRIVE AND SOUTH DRIVE, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. The motion was duly seconded and carried unanimously. Upon roll call, the vote to adopt Ordinance as amended was: Page 10

11 9.11 Adopt Ordinance on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for annexing certain real properties whose post office addresses are 1753 and 1756 Evans Drive, 1773 Owen Drive, 1800 Cardinal Drive, 2634 Woodring Drive, and 2735/2737 South Drive, all in Clearwater, Florida 33759, upon annexation into the, as Residential Low, (RL), Residential Medium (RM) and Preservation(P)/Drainage Feature Overlay. Staff has provided a Motion to Amend: replacing the word Route in the ordinance title with Road. Ordinance was presented and read by title only. Councilmember Jonson moved to adopt Ordinance on second and final reading. The motion was duly seconded. Vice Mayor Hock-DiPolito moved to amend Ordinance as follows: AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTIES LOCATED GENERALLY SOUTH OF SUNSET POINT ROAD, EAST OF US HIGHWAY 19, NORTH OF STATE ROAD ROUTE 590, AND WEST OF EL TRINIDAD DRIVE, WHOSE POST OFFICE ADDRESSES ARE 1753 AND 1756 EVANS DRIVE, 1773 OWEN DRIVE, 1800 CARDINAL DRIVE, 2634 WOODRING DRIVE, AND 2735/ 2737 SOUTH DRIVE, ALL IN CLEARWATER, FLORIDA 33759, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL LOW (RL), RESIDENTIAL MEDIUM (RM) AND PRESERVATION (P)/DRAINAGE FEATURE OVERLAY; PROVIDING AN EFFECTIVE DATE. The motion was duly seconded and carried unanimously. Upon roll call, the vote to adopt Ordinance as amended was: 9.12 Adopt Ordinance on second reading, amending the Zoning Atlas of the city by zoning annexing certain real properties whose post office addresses are 1753 and 1756 Evans Drive, 1773 Owen Drive, 1800 Cardinal Drive, 2634 Woodring Drive, and 2735/2737 South Drive, all in Clearwater, Florida 33759, upon annexation into the City Page 11

12 of Clearwater, as Low Medium Density Residential (LMDR), Medium Density Residential (MDR) and Preservation (P). Staff has provided a Motion to Amend: replacing the work Route in the ordinance title with Road. Ordinance was presented and read by title only. Councilmember Polglaze moved to adopt Ordinance on second and final reading. The motion was duly seconded. Councilmember Hamilton moved to amend Ordinance as follows: AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTIES LOCATED GENERALLY SOUTH OF SUNSET POINT ROAD, EAST OF US HIGHWAY 19, NORTH OF STATE ROAD ROUTE 590, AND WEST OF EL TRINIDAD DRIVE, WHOSE POST OFFICE ADDRESSES ARE 1753 AND 1756 EVANS DRIVE, 1773 OWEN DRIVE, 1800 CARDINAL DRIVE, 2634 WOODRING DRIVE, AND 2735/ 2737 SOUTH DRIVE, ALL IN CLEARWATER, FLORIDA 33759, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR), MEDIUM DENSITY RESIDENTIAL (MDR), AND PRESERVATION (P); PROVIDING AN EFFECTIVE DATE. The motion was duly seconded and carried unanimously. Upon roll call, the vote to adopt Ordinance as amended was: 9.13 Adopt Ordinance on second reading, annexing certain real properties whose post office addresses are 2116 Burnice Drive, 2152 Burnice Drive, and 2106 Pleasant Parkway, all in Clearwater, Florida 33764, together with all right-of-way of Burnice Drive abutting Lot 8, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Ordinance was presented and read by title only. Councilmember Jonson moved to adopt Ordinance on second and final reading. The motion was duly seconded and upon roll call, the vote was: Page 12

13 9.14 Adopt Ordinance on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real properties whose post office addresses are 2116 Burnice Drive, 2152 Burnice Drive, and 2106 Pleasant Parkway, all in Clearwater, Florida 33764, upon annexation into the, as Residential Low (RL). Ordinance was presented and read by title only. Vice Mayor Hock-DiPolito moved to adopt Ordinance on second and final reading. The motion was duly seconded and upon roll call, the vote was: 9.15 Adopt Ordinance on second reading, amending the Zoning Atlas of the city by zoning certain real properties whose post office addresses 2116 Burnice Drive, 2152 Burnice Drive, and 2106 Pleasant Parkway, all in Clearwater, Florida 33764, upon annexation into the as Low Medium Density Residential (LMDR). Ordinance was presented and read by title only. Councilmember Polglaze moved to adopt Ordinance on second and final reading. The motion was duly seconded and upon roll call, the vote was: 9.16 Adopt Ordinance on second reading, annexing certain real property whose post office address is 1940 Macomber Avenue, Clearwater, Florida 33755, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Ordinance was presented and read by title only. Councilmember Hamilton moved to adopt Ordinance on second and final reading. The motion was duly seconded and upon roll call, the vote was: Page 13

14 9.17 Adopt Ordinance on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for annexing certain real property whose post office address is 1940 Macomber Avenue, Clearwater, Florida 33755, upon annexation into the, as Residential Urban (RU). Ordinance was presented and read by title only. Councilmember Jonson moved to adopt Ordinance on second and final reading. The motion was duly seconded and upon roll call, the vote was: 9.18 Adopt Ordinance on second reading, amending the Zoning Atlas of the city by zoning annexing certain real property whose post office address is 1940 Macomber Avenue, Clearwater, Florida 33755, upon annexation into the, as Low Medium Density Residential (LMDR). Ordinance was presented and read by title only. Vice Mayor Hock-DiPolito moved to adopt Ordinance on second and final reading. The motion was duly seconded and upon roll call, the vote was: 10. City Manager Reports 10.1 Create a Nuisance Abatement Board with the authority to abate nuisances on premises where specified illegal activity is occurring, such as activity involving the unlawful use of drugs and prostitution and pass Ordinance on first reading. Section , Florida Statutes, authorizes a municipality to create an administrative board with the authority to issue orders abating nuisances on premises where specified illegal activity is occurring, such as activity involving the unlawful use of drugs and prostitution. Section , Florida Statutes, also authorizes municipalities to adopt ordinances imposing penalties for public nuisances, including fines not to exceed $250 per day, including investigative costs and reasonable attorney fees associated with investigations of and hearings on public nuisances; providing for continuing jurisdiction for a period of 1 year over any place or premises that has been or is declared to be a public nuisance; establishing penalties, including fines not to exceed $500 per day for recurring public Page 14

15 nuisances; providing for the recording of orders on public nuisances so that notice must be given to subsequent purchasers, successors in interest, or assigns of the real property that is the subject of the order; providing that recorded orders on public nuisances may become liens against the real property that is the subject of the order; and providing for the foreclosure of non-homestead property subject to a lien and the recovery of all costs, including reasonable attorney fees, associated with the recording of orders and foreclosure. In response to questions, the City Attorney said Council would appoint the members to the Board and follow the same process as other advisory boards, per city code. Assistant City Attorney Rob Surette said seven members is a good numbered board and allows quorum to be attained easily. Individuals may not serveconcurrently on two boards. Councilmember Polglaze moved to create a Nuisance Abatement Board with the authority to abate nuisances on premises where specified illegal activity is occurring, such as activity involving the unlawful use of drugs and prostitution. The motion was duly seconded and carried unanimously. Ordinance was presented and read by title only. Councilmember Jonson moved to pass Ordinance on first reading. The motion was duly seconded and upon roll call, the vote was: 10.2 Accept the conveyance of real property located in the North 1/2 of the Southeast 1/4 of Section 32, Township 28 South, Range 16 East from Pinellas County for the purpose of expanding recreational facilities at Lake Chautauqua Equestrian and Nature Preserve and adopt Resolution In 2007, the City acquired the Lake Chautauqua Equestrian and Nature Preserve through the assistance of the Florida Communities Trust program. The park was recently developed with trails and other amenities and opened to the public for recreational use. City staff submitted a vacation request to Pinellas County for the undeveloped right-of-way to the north, south and east sides of the Lake Chautauqua Equestrian and Nature Preserve. The vacation request to release the right-of-way was granted by the Pinellas County Board of Commissioners on January 13, The County was the owner in fee title to the subject right-of-way which is located adjacent to City-owned property. When the County releases right-of-way to which they own Page 15

16 the underlying fee title, their process includes deeding the property to the adjacent land owner. This agenda item accepts that conveyance of real property from Pinellas County. Since the property is already being utilized as a park, no additional costs will be incurred due to the conveyance of this property. Councilmember Jonson moved to accept the conveyance of real property located in the North 1/2 of the Southeast 1/4 of Section 32, Township 28 South, Range 16 East from Pinellas County for the purpose of expanding recreational facilities at Lake Chautauqua Equestrian and Nature Preserve. The motion was duly seconded and carried unanimously. Resolution was presented and read by title only. Vice Mayor Hock-DiPolito moved to adopt Resolution The motion was duly seconded and upon roll call, the vote was: 10.3 Approve a ULI recommendation to create a Stakeholders Advisory Group of no less than 13 members and have staff identify proposed members recommended by the stakeholder groups. The ULI Panel Report recommended creation of an umbrella advisory group with representation from all the other stakeholder organizations and civic groups to create a forum for the discussion of issues with the City and their development partners that involves a cross section of community interests. However, there has been concern expressed by some Downtown organization members that the Public Meetings Law limitations on a City-created committee structure could discourage participation, due to the restriction on members discussing issues among themselves, which a City-created committee has before them for consideration. This is felt to be particularly relevant in the Downtown, due to frequent multiple memberships on Downtown committees and the fact that the organization agendas/topics would mirror the issues discussed by a ULI Report focused committee. Additionally, some sentiment has been expressed that the restrictions of the Public Meetings Law could discourage the frank expression of opinions and/or discussion of sensitive issues necessary to achieve the objectives of the ULI Study and Downtown redevelopment. Page 16

17 At the November 12, 2014 Special Work Session, staff committed to review options for a committee structure and make same available to the Council for consideration at the January 21, 2015 Special Work Session. Staff provided Council with a matrix that summarized staff s review. Subsequently, at the January 21 Special Work Session, the City Council expressed preliminary interest in an advisory group structure similar to that anticipated by the ULI panel, operating within the Public Meetings Law, and requested staff to develop a possible structure for the Stakeholder Advisory Group accordingly. Staff looks forward to Council direction on whether this structure meets Council expectations for the stakeholder input component, or whether further discussion/research is desired. Assistant City Manager Rod Irwin said the ULI Panel assessed the East Gateway, Downtown, the Bluff, and the north Marina areas and provided recommendations based on their professional experience. It is up to the community to decide which recommendations will work. Many of the stakeholder representatives have expressed concerns with a council-appointed board, as the Sunshine Law will constrain them from interacting as they are active in more than one stakeholder group. In response to a question, the City Attorney said that Council may reconvene a meeting with the CRA/DDB, and include the Clearwater Regional Chamber of Commerce (Chamber) and ask for their advice on the stakeholders group recommendation. The meeting would be open to the public. There was consensus to reconvene a meeting with the CRA and DDB, and invite the Chamber. Staff was directed to schedule the meeting, invite the Clearwater Downtown Partnership, and include the PowerPoint presentation used at the original ULI presentation to Council with updates to the status of the priorities. In response to concerns, the City Attorney said individuals may provide input to Council at any time. Should Council appoint an advisory group, the members would be subject to the Sunshine Law. Mr. Irwin said a ferry service for Clearwater Beach employees will launch soon from the Downtown Marina, which was a ULI recommendation. Page 17

18 11. City Attorney Reports None. 12. Other Council Action 12.1 Undergrounding of power lines on Poinsettia in front of Pelican Walk Parking Ramp - Councilmember Jonson Councilmember Jonson presented a suggested change to the Community Development Code, Section 3-912, Wherever the development results in front zero setback buildings, then any existing above ground utilities located between the street and the building shall be undergrounded or relocated to the rear of the property. Councilmember Jonson moved to amend the Community Development Code, Section 3-912, as suggested above. The motion was duly seconded. Discussion ensued with concerns expressed regarding amending the city code to address a site-specific situation and to place the burden of undergrounding on a developer. It was stated that Duke Energy has provided a cost estimate and City could identify a funding source to underground utilities on Poinsettia. In response to questions, the City Attorney said if approved, the proposed code amendment would not apply to the Pelican Walk project. Council may request the developer to underground the utilities if a request to amend the development agreement is considered. Assistant City Manager Jill Silverboard said the parking revenue is an undesignated revenue; Council determines its use. The City Attorney said Council may use funds to take infrastructure steps to implement Beach by Design. There was no consensus to pursue the code amendment. Councilmember Jonson withdrew his motion. 13. Closing comments by Councilmembers (limited to 3 minutes) Page 18

19 14. Closing Comments by Mayor Mayor Cretekos reviewed recent and upcoming events and urged all to vote for Clearwater as Best Beach at Adjourn The meeting adjourned at 7:47 p.m. Mayor Attest City Clerk Page 19