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08/05/2010 CITY COUNCIL MEETING MINUTES CITY OF CLEARWATER August 5, 2010 Present: Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N. Cretekos, Councilmember Paul Gibson, and Councilmember Bill Jonson. Also William B. Horne II - City Manager, Jill S. Silverboard - Assistant City present: Manager, Rod Irwin - Assistant City Manager, Pamela K. Akin - City Attorney, Cynthia E. Goudeau - City Clerk, and Rosemarie Call - Management Analyst. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. 1. Call to Order - Mayor Frank Hibbard The meeting was called to order at 6:00 p.m. at City Hall. 2. Invocation - Youth Pastor Elijah McGill from New Destiny Worship Center 3. Pledge of Allegiance - Mayor Frank Hibbard 4. Approval of Minutes 4.1 Approve the minutes of the July 15, 2010 City Council Meeting as submitted in written summation by the City Clerk. Councilmember Bill Jonson moved to approve the minutes of the July 15, 2010 City Council Meeting as submitted in written summation by the City Clerk. The motion was duly seconded and carried unanimously. 5. Citizens to be Heard re Items Not on the Agenda Andrew Loomis expressed concern with the funding obligation required for the Pension Fund. Council 2010-08-05 1 Public Hearings - Not before 6:00 PM 6. Administrative Public Hearings 6.1 Approve amendments to the Clearwater Comprehensive Plan adding Future Land Use Map categories for transit oriented development, adding an objective and policies pertaining to the new categories, and pass Ordinance 8201-10 on first reading.(CPA2010-06001) The Federal Transit Administration’s (FTA) New Starts Program funds fixed guideway projects. The Alternatives Analysis is the first step in fulfilling the New Starts criteria. The Tampa Bay Area Regional Transportation Authority (TBARTA), Pinellas County Metropolitan Planning Organization (MPO), Pinellas Suncoast Transit Authority (PSTA) and Florida Department of Transportation (FDOT) signed a Memorandum of Understanding to undertake an FTA Alternatives Analysis. The Alternatives Analysis will identify a preferred transit alignment and station locations in Pinellas County. The second step in competing for funding in the New Starts program is justifying transit projects by having transit supportive land use policies. The TBARTA Land Use Working Group developed transit oriented development guiding principles. Using these principles throughout the Tampa Bay area will make it easier to work towards common goals and effectively compete for funding. This amendment contains transit-oriented development policies based on TBARTA’s guiding principles. The Planning and Development Department is proposing amendments to the Clearwater Comprehensive Plan that add plan classification categories for transit oriented development and an objective and policies pertaining to the new categories. The new categories and their intensity standards are as follows: Classification Minimum and Maximum Intensity Type I: Urban Center Downtown FAR 1.5-7.0 (no limit on maximum FAR within 1/8 mile of the transit station) Type II: Suburban Center FAR 0.5-5.0 Type III: Neighborhood Center FAR 0.5-3.0 Type IV: Complete Street FAR 0.5-2.0 Corridor The policies address the following issues: How transit station locations and typologies are determined; How transit station area plans are adopted; How transit station area planning is handled when it traverses jurisdictional boundaries; Council 2010-08-05 2 What each transit station area plan must include; The guiding principles to be followed in the planning, design and development of transit station area plans as related to: - Community & Economic Development - Land Use - Mobility - Parking - Urban Design A copy of the staff report, which contains further analysis and information on the proposed amendments, is available. The Community Development Board (CDB) reviewed the proposed plan amendment at its meeting on July 20, 2010. The Planning and Development Department will report its recommendation at the August 5, 2010 City Council meeting. Councilmember George N. Cretekos moved to approve amendments to the Clearwater Comprehensive Plan adding Future Land Use Map categories for transit oriented development, adding an objective and policies pertaining to the new categories. The motion was duly seconded and carried unanimously. Ordinance 8201-10 was presented and read by title only. Councilmember Paul Gibson moved to pass Ordinance 8201-10 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N. Cretekos, Councilmember Paul Gibson, and Councilmember Bill Jonson. "Nays": None. 7. Quasi-judicial Public Hearings 7.1 Approve a Future Land Use Map Amendment from the Residential Urban (RU) classification to the Institutional (I) classification and a Zoning Atlas Amendment from the Low Medium Density Residential (LMDR) District to the Institutional (I) District for property at 110 N. McMullen Booth Road, located on the northeast corner of Virginia Avenue and Meadow Lark Lane in Section 16, Township 29 South, Range 16 East, and pass Ordinances 8193-10 and 8194-10 on first reading. (LUZ2010-05001) The proposed amendments involve 0.219 acres of land located at the northeast Council 2010-08-05 3 corner of Virginia Avenue and Meadow Lark Lane, approximately 335 feet east of Bayview Avenue. The subject property is part of a larger parcel owned and occupied by First Baptist Church of Clearwater, Inc. a/k/a Calvary Baptist Church (applicant). The subject property is undeveloped. The applicant intends to use the property in the future for stormwater drainage or athletic fields for church/school use. The request is to change the future land use classification of Residential Urban (RU) to Institutional (I) and the zoning designation of Low Medium Density Residential (LMDR) to Institutional (I). The applicant recently received approval for Institutional land use and zoning designations for 28 parcels surrounding the subject property, which was inadvertently excluded from the prior action by the applicant. The Planning and Development Department has determined that the proposed future land use and rezoning amendments are consistent with Community Development Code standards in that: The proposed land use plan and zoning amendments are consistent with the Comprehensive Plan. The proposed use is compatible with the surrounding area. Sufficient public facilities are available to serve the property. The applications will not have an adverse impact on the natural environment. A complete analysis of the proposal is included in the staff report. In accordance with the Countywide Plan Rules, the Future Land Use Map amendment is subject to approval by the Pinellas Planning Council and Board of County Commissioners acting as the Countywide Planning Authority. Based on the density of the category requested, review and approval by the Florida Department of Community Affairs is also required. The Community Development Board reviewed the proposed amendments at its public hearing on July 20, 2010. The Planning & Development Department will report the Board’s recommendation to the City Council at a public hearing on August 5, 2010. In response to a question, the City Attorney said the Mayor did not need to recuse himself. Councilmember Bill Jonson moved to approve a Future Land Use Map Amendment from the Residential Urban (RU) classification to the Institutional (I) classification and a Council 2010-08-05 4 Zoning Atlas Amendment from the Low Medium Density Residential (LMDR) District to the Institutional (I) District for property at 110 N. McMullen Booth Road, located on the northeast corner of Virginia Avenue and Meadow Lark Lane in Section 16, Township 29 South, Range 16 East. The motion was duly seconded and carried unanimously. Ordinance 8193-10 was presented and read by title only. Vice Mayor John Doran moved to pass Ordinance 8193-10 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N. Cretekos, Councilmember Paul Gibson, and Councilmember Bill Jonson. "Nays": None. Ordinance 8194-10 was presented and read by title only. Councilmember George N. Cretekos moved to pass Ordinance 8194-10 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N. Cretekos, Councilmember Paul Gibson, and Councilmember Bill Jonson. "Nays": None. 7.2 Approve the Future Land Use Plan Amendment from the Institutional (I), Commercial General (CG), Preservation (P), Water/Drainage Feature, Recreation/Open Space (R/OS) and Residential Low (RL) Categories to the Institutional (I), Preservation (P), Recreation/ Open Space (R/OS), and Water/Drainage Feature Categories and the Zoning Atlas Amendment from the Institutional (I), Commercial (C), Preservation (P), Low Density Residential (LDR), and Open Space/Recreation (OS/R) Districts to the Institutional (I), Preservation (P), and Open Space/Recreation (OS/R) Districts, for property located at 3400 Gulf-to-Bay Boulevard (consisting of a portion of Section 16, Township 29 South, Range 16 East)and pass Ordinances 8197-10 and 8198-10 on first reading and approve a Development Agreement for this property between Clearwater Christian College Private School, Inc. and the City of Clearwater and adopt Resolution 10-18. (LUZ2010-06002 and DVA2010-06001) The subject site is comprised of four parcels of land 131.05 acres in area. It is located on the north side of Gulf-to-Bay Boulevard approximately 900 feet east of Bayshore Boulevard. The applicant is requesting to amend the Future Land Use Plan Map designation for the parcels from Institutional (I), Commercial General Council 2010-08-05 5 (CG), Preservation (P), Water/Drainage Feature, Recreation/Open Space (R/OS) and Residential Low (RL) Categories to the Institutional (I), Preservation (P), Recreation/ Open Space (R/OS), and Water/Drainage Feature and to rezone it from the Institutional (I), Commercial (C), Preservation (P), Low Density Residential (LDR), and Open Space/Recreation (OS/R) Districts to the Institutional (I), Preservation (P), and Open Space/Recreation (OS/R) Districts in order to expand the existing college and to make certain land use and zoning designations consistent with the actual characteristics of the area. The proposed Institutional (I) future land use category would permit up to 331 dwelling units (993 dormitory beds) or a maximum of 751,736 square feet of nonresidential floor area; however, the college is comprised of residential and nonresidential space so a mixed-use calculation is required. The applicant is proposing to limit the residential density to 750 dormitory beds and the nonresidential intensity to 170,000 square feet of classrooms and administrative facilities through a development agreement (DVA2010-06002). The Planning Department has determined that the proposed land use plan amendment and rezoning applications are consistent with the following standards specified in the Community Development Code: The proposed land use plan amendment and rezoning application are consistent with the Comprehensive Plan. The proposed use is compatible with the surrounding area. Sufficient public facilities are available to serve the property. Based on the proposed mitigation plan, the applications will not have a negative impact on the natural environment. In accordance with the Countywide Plan Rules, the future land use plan amendment is subject to the approval of the Pinellas Planning Council and the Board of County Commissioners acting as the Countywide Planning Authority. Due to the size of the plan amendment site and the density allowed in the Institutional Plan Category, review and approval by the Florida Department of Community Affairs is also required. The applicant is requesting approval of a Development Agreement in conjunction with the proposed future land use plan amendment. The Development Agreement proposes dividing the total property into two areas, a Mitigation Area (98.99 acres) and a Master Plan Area (32.06 acres). The proposed agreement includes a conceptual Master Plan limiting residential density to 750 dormitory beds and nonresidential density to 170,000 square feet (0.149 floor area ratio), a Mitigation Plan, and an easement for access to Coopers Point Nature Park. The Mitigation Plan requires upgrades to the entire site’s stormwater facilities within the Master Plan Area, application for approval of a Mitigation Bank, a conservation easement Council 2010-08-05 6 over the Mitigation Area, and establishes boundary change procedures in the event that the agency permitting process results in changes to the proposed wetland jurisdictional boundary line as depicted on the Master Plan. The Planning Department has determined that the proposed Development Agreement is consistent with the City’s Comprehensive Plan. Please refer to the attached development agreement (DVA2004-00004) staff report for the complete analysis. Administrative Public Hearing on Land Use Amendment Planner Lauren Matzke provided a PowerPoint presentation regarding the land use plan amendment. The City Attorney stated that the record will include the staff report and documents presented at the Community Development Board meeting. In response to a question, Ms. Matzke said 5.6 acres are currently designated Institutional. Applicant representative Katie Cole reviewed the proposed project. The application was well thought out and worked on for the last 5 years. The eagle’s nest is 9 feet from the property line not the proposed development. Dave Gildersleeve, Wade Trim, said the application is consistent with the city’s comprehensive plan. Much of the campus was constructed in the 1960’s and 1970’s before stormwater regulations were in effect. The project will improve water quality and lock in densities and intensities of uses. Tom Kuba, environmental professional, said the proposed mitigation plan will improve the habitat. Restoring the water flow will assist in flushing the mangrove. Beverly Burkett, mitigation plan developer, reviewed the mitigation banks, or preapproved environmental areas, that require federal and state approvals and regional environmental benefits. The mitigation bank requires establishing a trust fund to maintain the property, which is transferred along with the land. There are 55 mitigation banks in Florida. The mitigation plan must be implemented in conjunction with development. In response to questions, Ms. Cole said the campus comprises 131 acres with 19.4 acres of Institutional. Once the institutional land use is consolidated, there will be 26.55 acres. The mitigation plan area entails 98.99 acres. If request is approved, the applicant cannot come back to the city and ask for any of the 98.99 acres preservation. The mitigation plan is implicit to the bank. Portions of the credit generated by the mitigation bank will be used for the project. If a mitigation plan is not approved by permitting agencies, the city can use a land use amendment to unwind any approvals given tonight. It was stated that the item before council changes the land use and zoning which allows the applicant to work with other regulatory agencies and obtain necessary permits needed to implement project. Council 2010-08-05 7 In response to a question, Engineering Director Mike Quillen said once the applicant receives all necessary permit approvals, the applicant must obtain a CO (certificate of occupancy). The CO will not be issued until the mitigation is completed. A certificate of completion will be issued once the ballfield is completed. The Council recessed from 7:34 p.m. to 7:49 p.m. Twenty individuals spoke in opposition and three individuals spoke in support. In response to questions, Ms. Cole said 99 acres will be turned over to the state or city upon completion of the mitigation plan. The ballfield will be lit. If the project cannot comply with the Bald Eagle Management Plan guidelines, the ballfield could not be constructed. There are 11 permitting agencies that must give approval. Mr. Kuba said he has been studying the area for 10 years. Mr. Gildersleeve said the parking lot will meet impermeable requirements as required by code. Discussion ensued with concerns expressed regarding water quality in the area and impact to bald eagle. It was noted that the proposed project requires approval from various federal and state agencies. Councilmember Paul Gibson moved to approve the Future Land Use Plan Amendment from the Institutional (I), Commercial General (CG), Preservation (P), Water/Drainage Feature, Recreation/Open Space (R/OS) and Residential Low (RL) Categories to the Institutional (I), Preservation (P), Recreation/ Open Space (R/OS), and Water/Drainage Feature Categories. The motion was duly seconded and carried unanimously. Ordinance 8197-10 was presented and read by title only. Councilmember Bill Jonson moved to pass Ordinance 8197-10 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N. Cretekos, Councilmember Paul Gibson, and Councilmember Bill Jonson. "Nays": None. The Council recessed from 10:14 p.m. to 10:20 p.m. Quasi-Judicial Public Hearing on Re-zoning Planner Lauren Matzke provided a PowerPoint presentation regarding the re-zoning. The City Attorney stated that the record will include the staff report and documents presented at the Community Development Board. Six individuals spoke in opposition and one individual expressed concern. In response to a question, the City Attorney said the re-zoning will be invalidated if the Council 2010-08-05 8 land use amendment is later found invalid. Vice Mayor John Doran moved to approve the Zoning Atlas Amendment from the Institutional (I), Commercial (C), Preservation (P), Low Density Residential (LDR), and Open Space/Recreation (OS/R) Districts to the Institutional (I), Preservation (P), and Open Space/Recreation (OS/R) Districts, for property located at 3400 Gulf-to-Bay Boulevard (consisting of a portion of Section 16, Township 29 South, Range 16 East). The motion was duly seconded and carried unanimously. Ordinance 8198-10 was presented and read by title only. Councilmember George N. Cretekos moved to pass Ordinance 8198-10 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N. Cretekos, Councilmember Paul Gibson, and Councilmember Bill Jonson. "Nays": None. Administrative Public Hearing on Development Agreement Planner Lauren Matzke provided a PowerPoint presentation regarding the development agreement. The City Attorney stated that record will include the staff report and documents presented at the Community Development Board. In response to question, Environmental Manager Ed Chesney said the public may provide comments regarding the mitigation plan once the agency has posted a notice of intent. M. Matzke said the development agreement includes language formalizing a hurricane evacuation plan. Three individuals spoke in opposition. One individual questioned the development agreement. The City Attorney said the development agreement may be amended during the life of the agreement. The development agreement has a term of 20 years. Councilmember George N. Cretekos moved to approve the Development Agreement for this property between Clearwater Christian College Private School, Inc. and the City of Clearwater. The motion as duly seconded and carried unanimously. Resolution 10-18 was presented and read by title only. Councilmember Paul Gibson moved to adopt Resolution 10-18. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N. Cretekos, Councilmember Paul Gibson, and Councilmember Bill Jonson. "Nays": None. Council 2010-08-05 9 7.3 Deny a Future Land Use Map Amendment from the Residential/Office General (R/OG) and Residential Urban (RU) classifications to the Commercial General (CG) Classification and a Zoning Atlas Amendment from the Office (O) and Low Medium Density Residential (LMDR) districts to the Commercial (C) District for a portion of the property located at 1475 Sunset Point Road (unplatted land in NW ¼ of SW ¼ of Section 2, Township 29 South, Range 15 East, and part of Lot 9 Brentwood Estates), and deny passage of Ordinances 8195-10 and 8196-10 on first reading. (LUZ2010-06001) This future land use map amendment and rezoning application involves 1.23 acres of an approximately 1.52-acre parcel, located on the south side of Sunset Point Road, approximately 150 feet west of North Highland Avenue. This property has Future Land Use Map classifications of Residential/Office General (R/OG) and Residential Urban (RU) and zoning designations of Office (O) and Low Medium Density Residential (LMDR). The applicant is requesting to amend the future land use classification to the Commercial General (CG) classification and the zoning district to the Commercial (C) District. Currently, 0.29 acres of the subject property have commercial future land use and zoning classifications. The subject property functioned as a bank beginning in 1965 and ending in May 2007 with the closure of Bank of America. The former bank site contains a building, parking lot, and entrance on the north portion of the property fronting on Sunset Point Road, and a drive through and drive isle traversing the eastern portion of the property and connecting to Highland Avenue. This land use map amendment and rezoning application was not accompanied by an application for site redevelopment, therefore no use is currently proposed. The Planning and Development Department has determined that the proposed Future Land Use Map amendment and rezoning amendment are inconsistent with the Community Development Code as specified below: The proposed amendment is inconsistent with the Comprehensive Plan, the Countywide Plan Rules, and the Community Development Code; The available uses in the Commercial (C) District are incompatible with the surrounding area; and The proposed amendment conflicts with the character of the neighborhood. In accordance with the Countywide Plan Rules, the land use plan amendment is subject to the approval of the Pinellas Planning Council and the Board of County Commissioners acting as the Countywide Planning Authority. The application is a large-scale amendment and review and approval by the Florida Department of Community Affairs is required. Council 2010-08-05 10 The Community Development Board reviewed this application at its public hearing on July 20, 2010. The Planning and Development Department will report its recommendation at the August 5, 2010 City Council meeting. Administrative Public Hearing on Land Use Amendment Planner Cate Lee provided a PowerPoint presentation. The Community Development Board recommended denial of the applicant’s request at the July 20, 2010 meeting with a 4:3 vote. In response to a question, Planning and Development Director Michael Delk said there is an excess of retail space in the proposed area. Ms. Lee said a bank is currently an allowed use. Applicant representative Todd Pressman provided a PowerPoint presentation. The former bank site has been vacant since 2006 and has fallen into disrepair. Mr. Pressman said the neighboring property owners he has spoken to support the applicant’s request. He submitted a copy of a contract to purchase the property by the developers of Family Dollar stores. In response to questions, Ms. Lee said the permitted uses allowed in the commercial general designation include restaurants, retail services, and overnight accommodations. Mr. Delk said the area is mainly residential and staff recommends staying at a lower intensity land use and zoning. Concerns were expressed with uses allowed with commercial general zoning designation and impact it would have on character of neighborhood. The City Attorney noted that the purchase contract provided by the applicant was not signed and therefore not valid. Mr. Pressman said the contract is contingent on the zoning change. Two individuals spoke in support. In response to a question, Assistant City Attorney Leslie Dougall-Sides said the land use zoning case should not force the applicant to a particular site plan. It was suggested the item be continued in order for the applicant to submit a site plan. Planning and Development Assistant Director Gina Clayton said the item requires a large scale plan amendment that requires approval from the Department of Community Affairs. If the item is not approved now, the request must wait until next year. Council 2010-08-05 11 Vice Mayor John Doran moved to deny a Future Land Use Map Amendment from the Residential/Office General (R/OG) and Residential Urban (RU) classifications to the Commercial General (CG) Classification and a Zoning Atlas Amendment from the Office (O) and Low Medium Density Residential (LMDR) districts to the Commercial (C) District for a portion of the property located at 1475 Sunset Point Road (unplatted land in NW ¼ of SW ¼ of Section 2, Township 29 South, Range 15 East, and part of Lot 9 Brentwood Estates. The motion was duly seconded and upon the vote being taken: "Ayes": Vice Mayor John Doran, Councilmember George N. Cretekos, and Councilmember Bill Jonson. "Nays":Mayor Frank Hibbard and Councilmember Paul Gibson. Motion carried. Quasi-Judicial Public Hearing on Re-zoning The City Attorney noted the public hearing is open but the zoning requested is not allowed under the current land use plan. Councilmember George N. Cretekos moved to deny zoning request. The motion was duly seconded and upon the vote being taken: "Ayes": Vice Mayor John Doran, Councilmember George N. Cretekos, and Councilmember Bill Jonson. "Nays":Mayor Frank Hibbard and Councilmember Paul Gibson. Motion carried. Council 2010-08-05 12 8. Second Readings - Public Hearing 8.1 Adopt Ordinance No. 8174-10 on second reading, annexing certain real property whose post office address is 133 West Grapefruit Circle, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Ordinance 8174-10 was presented and read by title only. Councilmember Bill Jonson moved to adopt Ordinance 8174-10 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Vice Mayor John Doran, Councilmember George N. Cretekos, Councilmember Paul Gibson, and Councilmember Bill Jonson. "Nays": None. Absent: Mayor Frank Hibbard 8.2 Adopt Ordinance No. 8175-10 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 property whose post office address is 133 West Grapefruit Circle, upon annexation into the City of Clearwater, as Residential Low (RL). Ordinance 8175-10 was presented and read by title only. Councilmember George N. Cretekos moved to adopt Ordinance 8175-10 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Vice Mayor John Doran, Councilmember George N. Cretekos, Councilmember Paul Gibson, and Councilmember Bill Jonson. "Nays": None. Absent: Mayor Frank Hibbard. 8.3 Adopt Ordinance No. 8176-10 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 133 West Grapefruit Circle, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). Ordinance 8176-10 was presented and read by title only. Councilmember Paul Gibson moved to adopt Ordinance 8176-10 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N. Cretekos, Councilmember Paul Gibson, and Councilmember Bill Jonson. "Nays": None. Council 2010-08-05 13 8.4 Adopt Ordinance No. 8178-10 on second reading, annexing certain real property whose post office address is 1711 Lakeview Road, together with the abutting right-of-way of Lakeview Road and Laurel Drive, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Ordinance 8178-10 was presented and read by title only. Councilmember Bill Jonson moved to adopt Ordinance 8178-10 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N. Cretekos, Councilmember Paul Gibson, and Councilmember Bill Jonson. "Nays": None. 8.5 Adopt Ordinance No. 8179-10 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 property whose post office address is 1711 Lakeview Road, together with the abutting right-of-way of Lakeview Road and Laurel Drive, upon annexation into the City of Clearwater, as Residential Low (RL). Ordinance 8179-10 was presented and read by title only. Vice Mayor John Doran moved to adopt Ordinance 8179-10 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N. Cretekos, Councilmember Paul Gibson, and Councilmember Bill Jonson. "Nays": None. 8.6 Adopt Ordinance No. 8180-10 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1711 Lakeview Road, together with the abutting right-of-way of Lakeview Road and Laurel Drive, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). Ordinance 8180-10 was presented and read by title only. Councilmember George N. Cretekos moved to adopt Ordinance 8180-10 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Council 2010-08-05 14 "Ayes": Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N. Cretekos, Councilmember Paul Gibson, and Councilmember Bill Jonson. "Nays": None. 8.7 Adopt Ordinance No. 8182-10 on second reading, annexing certain real property whose post office address is 1845 Audubon Street into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Ordinance 8182-10 was presented and read by title only. Councilmember Paul Gibson moved to adopt Ordinance 8182-10 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N. Cretekos, Councilmember Paul Gibson, and Councilmember Bill Jonson. "Nays": None. 8.8 Adopt Ordinance 8183-10 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 property whose post office address is 1845 Audubon Street, upon annexation into the City of Clearwater, as Residential Low (RL). Ordinance 8183-10 was presented and read by title only. Councilmember Bill Jonson moved to adopt Ordinance 8183-10 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N. Cretekos, Councilmember Paul Gibson, and Councilmember Bill Jonson. "Nays": None. 8.9 Adopt Ordinance No. 8184-10 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1845 Audubon Street, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). Ordinance 8184-10 was presented and read by title only. Vice Mayor John Doran moved to adopt Ordinance 8184-10 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Council 2010-08-05 15 "Ayes": Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N. Cretekos, Councilmember Paul Gibson, and Councilmember Bill Jonson. "Nays": None. 8.10 Adopt Ordinance No. 8199-10 on second reading, Amending Chapter 32, Code of Ordinances, relating to residential reclaimed water service outside city limits within an incorporated area and location of reclaimed water service lines, and adding Interlocal Agreement as a means for providing service. Ordinance 8199-10 was presented and read by title only. Councilmember George N. Cretekos moved to adopt Ordinance 8199-10 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N. Cretekos, Councilmember Paul Gibson, and Councilmember Bill Jonson. "Nays": None. City Manager Reports 9. Consent Agenda 9.1 Approve two work orders for American Recovery and Reinvestment Act Brownfields Assessment and Cleanup Revolving Loan Fund Activities for the CarPro site located at 1359 Cleveland Street to Cardno TBE, an Engineer of Record, in the amounts of $86,500 and $70,000 and authorize the appropriate officials to execute same. (consent) 9.2 Approve the amendment of the Capital Improvement Program (CIP) to restructure current Water and Sewer Utility funding by reducing project revenue budgets by $15,665,240 of planned future bond proceeds, increasing project revenue budgets by $2,922,874 of utility renewal and replacement revenue, $8,323,626 of sewer revenue and $4,418,740 of water revenue for a total increase of $15,665,240, resulting in a net budget change of $0. (consent) 9.3 Approve agreement for external auditing services for fiscal years ending September 30, 2010 through 2014 with audit firm of Kirkland, Russ, Murphy and Tapp, for a not-to-exceed amount of $666,000 and authorize the appropriate officials to execute same. (consent) 9.4 Approve the Addendum to the Agent of Record Agreement between the City of Clearwater and Gehring Group, Inc., providing for additional services to be Council 2010-08-05 16 included in the scope of services described in the initial Agent of Record Agreement dated May 2, 2001 and the Renewal of Agent of Record Agreement dated April 26, 2006. (consent) 9.5 Approve the Amendment to the Administrative Services Agreement between the City of Clearwater and International City Management Association Retirement Corporation (ICMA-RC) for the 401a Money Purchase Pension Plan and the 457k Deferred Compensation Plan, to be effective October 1, 2010 through September 30, 2017. (consent) 9.6 Approve renewal of the Management Agreement with Clearwater Community Sailing Association (CCSA) for the second five (5) year renewal option, for the total sum of $76,305.60; delegate custodial responsibility for the Sailing Center’s common areas to the CCSA in lieu of annual CPI increases, saving the city $27,500 annually, and authorize the appropriate officials to execute same. (consent) See below. 9.7 Ratify and confirm increasing the Blanket Purchase Order (BR505834) with Left Coast Excavation Inc. from $100,000 to $150,000 for additional labor and materials to install concrete at various Parks and Recreation sites and projects. (consent) 9.8 Ratify and confirm the establishment of a new Capital Improvement Project entitled Ross Norton Ballfield Improvements, CIP 315-93619, for $35,000 to be funded from a $25,000 grant from the Rays Foundation and transfer of operational funds of $10,000 to the new project. (consent) 9.9 Approve an increase to an existing three-year contract (purchase order BR504735) to Polydyne, Inc., of Riceboro, GA, increasing the contract by $169,869.28, for a new total value of $709,869.28 for Polymer Services (RFP 12- 08), and authorize the appropriate officials to execute same. (consent) 9.10 Accept a Fire Hydrant and Utility Easement over, under and across a portion of the plat of 440 West, a condominium, as conveyed by 440 West, Inc. in consideration of receipt of $10.00 and the benefits to be derived therefrom. (consent) 9.11 Accept a 2.5-foot Sidewalk Easement over, under, across and through a portion of Section 8, Township 29 South, Range 15 East as conveyed by Decade Companies Income Properties, LLC in consideration of receipt of $10.00 and the benefits to be derived therefrom. (consent) 9.12 Approve a King Engineering Associates, Inc. work order in the amount of $779,978.00 to provide planning, design, permitting and other services related to the Idlewild and The Mall Sanitary Sewer Expansion Project (09-0019-UT); approve a grant from the U.S. Environmental Protection Agency in the amount of $477,000; and authorize the appropriate officials to execute same. (consent) Council 2010-08-05 17 9.13 Approve temporary lease between City of Clearwater and Bottlenose Productions, Inc. for use of the Harborview Center in conjunction with the production of the motion picture "A Dolphin’s Tale", and authorize the appropriate officials to execute same. (consent) 9.14 Reappoint Jamie Andrian Blackstone in the Resident category and Patrick O’Neil in the Agency or Government Representative category, with terms to expire August 31, 2014 to the Brownfields Advisory Board. (consent) Vice Mayor John Doran moved to approve the Consent Agenda as submitted, less Item 9.6, and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. 9.6 Approve renewal of the Management Agreement with Clearwater Community Sailing Association (CCSA) for the second five (5) year renewal option, for the total sum of $76,305.60; delegate custodial responsibility for the Sailing Center’s common areas to the CCSA in lieu of annual CPI increases, saving the city $27,500 annually, and authorize the appropriate officials to execute same. (consent) Councilmember George N. Cretekos expressed his appreciation for Joe Calio's efforts in establishing the facility. Councilmember Paul Gibson moved to approve renewal of the Management Agreement with Clearwater Community Sailing Association (CCSA) for the second five (5) year renewal option, for the total sum of $76,305.60; delegate custodial responsibility for the Sailing Center’s common areas to the CCSA in lieu of annual CPI increases, saving the city $27,500 annually, and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. 10. Other Items on City Manager Reports 10.1 Accept the Town of Belleair’s Resolution 2010-29 permitting Clearwater to provide reclaimed water service to its residents when feasible and otherwise not available and adopt Resolution 10-17. The City of Clearwater and Town of Belleair agree via an Interlocal Agreement that Clearwater may provide reclaimed water service to Belleair’s residents when feasible and not otherwise available. Belleair’s Commission passed and adopted Resolution 2010-29 on July 20, 2010, authorizing the agreement. Clearwater is requested to acknowledge Belleair's Resolution by approving Council 2010-08-05 18 Resolution 10-17. There is no cost associated with this item. Councilmember Bill Jonson moved to accept the Town of Belleair’s Resolution 2010-29 permitting Clearwater to provide reclaimed water service to its residents when feasible and otherwise not available. The motion was duly seconded and carried unanimously. Resolution 10-17 was presented and read by title only. Vice Mayor John Doran moved to adopt Resolution 10-17. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N. Cretekos, Councilmember Paul Gibson, and Councilmember Bill Jonson. "Nays": None. 10.2 Approve an Interlocal Agreement with the Town of Belleair permitting the City of Clearwater to provide reclaimed water service to its residents when feasible and otherwise not available and authorize the appropriate officials to execute same. Belleair Country Club (BCC) has requested reclaimed water service from Clearwater to supplement irrigation for its golf course. Pinellas County holds an interlocal agreement with the Town of Belleair to treat its wastewater and return reclaimed water service to the town. The Town of Belleair provides reclaimed water services to two golf courses. BCC also relies on well water to meet their irrigation needs. BCC has requested that Clearwater provide reclaimed water in addition to reclaimed water provided by Pinellas County. Staff has recommended this project as feasible, and it is in design at this time. The reclaimed water main passes by a residential neighborhood to reach BCC’s golf course. The resident homeowners along the pipeline route, on Willadel Drive, have requested to be supplied with reclaimed water, as it is not available through the Town of Belleair via Pinellas County. Staff recommends providing this service to the residents whose property is adjacent to this pipeline. Chapter 180, Florida Statutes provides that the City of Clearwater has the power and the present capability to provide such reclaimed water service in the Town of Belleair; and Attorney General Opinion 94-28 provides language that is more specific to that effect. The Town of Belleair and Clearwater wish to set forth their agreement with respect to the provision of such reclaimed water service to those areas within the Council 2010-08-05 19 corporate limits of the Town of Belleair, pursuant to the provisions of the Florida Interlocal Cooperation Act of 1969, as amended. Both parties wish to avoid the necessity of governing boards’ approval for future situations wherein reclaimed water is not available by the Town of Belleair, but could feasibly be provided by the City of Clearwater. There is no cost associated with this item. Councilmember George N. Cretekos moved to approve an Interlocal Agreement with the Town of Belleair permitting the City of Clearwater to provide reclaimed water service to its residents when feasible and otherwise not available and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. 10.3 Amend Chapter 30, Traffic and Motor Vehicles, Code of Ordinances, establishing a parking ticket dismissal program, revising the time frame and fee structure for delinquent parking tickets, establishing a program allowing temporary or permanent removal or rental of municipal parking, modifying Appendix A, Schedule of Fees, and pass Ordinance 8168-10 on first reading. In 2008, the parking system installed multi-space parking pay stations in several off street parking facilities on the beach. For enforcement purposes, the ordinance requires further clarification when referring to metered parking in order to include the pay stations. Establishing a parking ticket dismissal program with specific criteria will eliminate the need to hear certain contested violations in court, thereby saving staff time and court costs. The proposed fee of $10.00 will cover administration costs for the initial ticketing, follow-up review and dismissal processes. By extending the delinquent parking ticket time frame from 80 to 90 days, the City can fully recover the collection fees, which are currently being charged to the City by the processing company. The fees will be passed on to the offender. At various times there is a temporary need to remove metered parking to accommodate construction and other limited special uses. Establishing a fee for the temporary removal and reinstallation of the meter will cover the cost of this expense. The proposed fee is $50 for the removal and $50 for the reinstallation. The proposed fee for the permanent removal of any municipal parking is calculated based upon the current daily rental rate for a period of two years. Temporary use of any municipal parking, including valet operations, must be approved in advance in accordance with specific requirements. The fees are Council 2010-08-05 20 based on the current daily fee schedule along with a proposed administrative fee. Updates to Appendix A, Schedule of Fees, include: - Eliminating specific dollar amounts for the rental of parking spaces and include language stating the highest current City of Clearwater municipal daily rate, which is how the current rates are calculated; - Administrative Fees for parking space rentals: $20 for five or less spaces, $30 for six to 10 spaces, and $50 for eleven or more spaces; - Permanent loss of parking fee is based on the loss of daily revenue for a period of two years instead of one year. Concern was expressed with provision not allowing putting additional funds after the meter runs out. The majority felt it was a tool needed to assure meter turn over. Vice Mayor John Doran moved to amend Chapter 30, Traffic and Motor Vehicles, Code of Ordinances, establishing a parking ticket dismissal program, revising the time frame and fee structure for delinquent parking tickets, establishing a program allowing temporary or permanent removal or rental of municipal parking, modifying Appendix A, Schedule of Fees. The motion was duly seconded and carried unanimously. Ordinance 8168-10 was presented and read by title only. Councilmember George N. Cretekos moved to amend Ordinance 8168-10 by striking provision not allowing putting additional funds after the meter runs out. The motion was duly seconded and upon the vote being taken: Councilmember George N. Cretekos and Councilmember Bill Jonson. "Ayes": "Nays":Mayor Frank Hibbard, Vice Mayor John Doran, and Councilmember Paul Gibson. Motion failed. Councilmember Bill Jonson moved to pass Ordinance 8168-10 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N. Cretekos, Councilmember Paul Gibson, and Councilmember Bill Jonson. "Nays": None. Council 2010-08-05 21 10.4 Amend Chapter 32, Clearwater Code of Ordinances, as related to general potable and reclaimed watering schedules, and pass Ordinance 8202-10 on first reading. The Governing Board of the Southwest Florida Water Management District (SWFWMD) lifted water shortage restrictions effective July 1, 2010, following a three-year drought. Created in response to the original water shortage restrictions imposed by SWFWMD, Clearwater Ordinance 7802-07 contains a provision giving the City Manager authority to alter Clearwater’s watering restrictions contained in Code Section 32.153 upon declaration of changes by SWFWMD in accordance with SWFWMD’s administrative order. Ordinance 8202-10 codifies Clearwater’s normal condition watering schedule as altered by the City Manager and aligns the reclaimed watering schedule for more hours of availability and ease of enforcement. There are no costs associated with this item. Councilmember George N. Cretekos moved to amend Chapter 32, Clearwater Code of Ordinances, as related to general potable and reclaimed watering schedules. The motion was duly seconded and carried unanimously. Ordinance 8202-10 was presented and read by title only. Councilmember Paul Gibson moved to pass Ordinance 8202-10 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N. Cretekos, Councilmember Paul Gibson, and Councilmember Bill Jonson. "Nays": None. 10.5 Approve the timeline for negotiating changes to the Employees’ Pension Plan, provide direction on changes desired, and appropriate $200,000 from General Fund retained earnings to pay for any costs incurred related to such changes including costs for legal and actuary services related to such changes. Staff will be making recommended pension plan changes based on prior Council guidance to focus on eliminating the no-cost spousal benefit, limiting the inclusion of overtime in final pension calculations, extending the years of service to be eligible for retirement, and establishing of a second tier plan for future employees. Council 2010-08-05 22 Prior to that recommendation, these potential changes must first be coordinated with the Pension Plan Attorney to ensure compliance with all applicable laws and the Plan Actuary for a cost analysis. Once these recommendations are approved, the City must collectively bargain these changes with all the City Unions. Once collective bargaining is completed, an actuarial impact statement must be completed, approval obtained by the State Division of Retirement, drafting of the referendum language, and final approval by City Council. Due to these required steps the earliest a referendum can be held is November 2012. The proposed time line is as follows: Council determines specific changes to pursue: Sep-Oct 2010 Actuary provides cost data: Oct-Nov 2010 Follow-up discussions with City Council: Jan 2011 Collective bargaining: Feb-Apr 2011 Union agreement or impasse: May-Oct 2011 Actuary impact statement: Nov 2011-Jan 2012 Obtain State approval: Feb-Apr 2012 Draft referendum language May 2012 1st and 2nd Readings: Jun-Jul 2012 Ballot question to County Aug 2012 Referendum: Nov 2012 Councilmember George N. Cretekos moved to approve the timeline for negotiating changes to the Employees’ Pension Plan, provide direction on changes desired, and appropriate $200,000 from General Fund retained earnings to pay for any costs incurred related to such changes including costs for legal and actuary services related to such changes. The motion was duly seconded and carried unanimously. 10.6 Establish the Clearwater Greenprint Stakeholder Steering Committee and provisions for member eligibility, categories and term of office, adopt Resolution 10-20, and appoint committee members. Clearwater Greenprint will lead to the adoption of strategies and actions to enhance mobility, increase energy efficiency and conservation, and reduce greenhouse gas emissions citywide. The primary objectives of the project are to: 1) set the policies and strategies to guide energy efficient growth and redevelopment in Clearwater over the next 20 years; 2) develop an action plan for public and private sector decision-making that substantially advances the city in its pursuit of community sustainability and quality of life; and 3) meet requirements mandated by Florida Senate Bill 360 (transportation mobility) and Florida House Bill 697 (energy-efficiency). A steering committee comprised of Clearwater stakeholders will benefit the Clearwater Greenprint project by providing strategic direction and evaluation of Council 2010-08-05 23 the planning process and products (e.g., proposed strategies and actions). The Stakeholder Steering Committee will consist of 15-21 members representing diverse perspectives, experiences and cultures. Specifically, the committee will assist the project team in: Establishing strategic direction for Clearwater Greenprint; Setting mobility and sustainability goals and policies for Clearwater Comprehensive Plan; Generating public interest and participation in project surveys, interactive open houses and public hearings; Communicating the vision and strategy to others within their professional and social networks; and Ensuring vision continuity through leadership changes. For the first phase (comprehensive plan amendments), the members will participate in a series of scheduled committee meetings from August 2010 to February 2011, at which time the adoption public hearing process begins. The committee will reconvened in spring/summer 2011 to commence the projects’ second phase (Community Development Code amendments). Member terms of office will be two years-- a little greater than the anticipated timeframe for the both project phases. It is hoped that members will be able to participate throughout both project phases. The committee will sunset at the conclusion of the same two- year period. A call for committee member applications was published on June 21, 2010, and 27 applications were received by the Planning and Development Department prior to the July 14, 2010, application deadline. Staff has evaluated the applications based on the desired committee composition, as defined by the committee membership categories and targeted level of representation for each (see resolution), and developed a recommended slate of committee members for consideration and approval by City Council. Councilmember Paul Gibson moved to establish the Clearwater Greenprint Stakeholder Steering Committee, provisions for member eligibility, categories and term of office and to appoint Elvira Morgan, John B. Ungerer, Ronald L. Altic, Chris Dulligan, Darrell Michael Flanery, Dr. Joseph Smiley, Alexander Todrow, Marcus Milnes, Michael R. Henkel, Thomas J. Wright, Lidiya Angelova, Marc Hayes, Blain Enderle, Jason Green, JoAnna Siskin, Cory Brennan, R. Peter Stasis, George D. Davis III, Richard Adelson, Michael Engelmann, and Mary Morrow. The motion was duly seconded and carried unanimously. Council 2010-08-05 24 Resolution 10-20 was presented and read by title only. Councilmember Bill Jonson moved to adopt Resolution 10-20. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N. Cretekos, Councilmember Paul Gibson, and Councilmember Bill Jonson. "Nays": None. 10.7 Approve the Council Policies The Council reviewed its policies at the June 1, 2010 Work Session. Revisions have been made based on direction provided. Staff also recommends amending Policy 24E, Landscaping of City roads, to include consideration of ease and frequency of maintenance in landscape material selection. Staff requests the Council review Policy 20B, Sparkling Clearwater, and provide direction regarding whether changes are needed to reflect current Council philosophy. Finance is preparing an updated Investment Policy to present to Council at the August 18, 2010 Council Meeting. Councilmember Bill Jonson moved to approve the Council Policies. The motion was duly seconded and carried unanimously. 10.8 Amend Council Rule 6 and adopt Resolution 10-21. The Council reviewed its rules at the June 1, 2010 Work Session and directed a change to Rule 6 to expand the time allowed for public comment to 60 minutes. Vice Mayor John Doran moved to amend Council Rule 6. The motion was duly seconded and carried unanimously. Resolution 10-21 was presented and read by title only. Councilmember George N. Cretekos moved to adopt Resolution 10-21. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N. Cretekos, Councilmember Paul Gibson, and Councilmember Bill Jonson. "Nays": None. Council 2010-08-05 25 11. City Manager Verbal Reports 11.1 HLN Executive Committee/Committee Co-Chairs Recommendation on Ordinance Item. The Homeless Leadership Network is being asked to issue a Proclamation or statement regarding local government ordinances that impact homelessness. Concerns were expressed regarding recommended Proclamation. It was stated that the recommendation has been to the Executive Committee but not the full Council. There was consensus that the proposed statement is sufficient and no Proclamation or Resolution was needed. The City Manager reported that a sewer backup, believed to have been created by a contractor, is being addressed. 12. Other Council Action 12.1 Lease Extensions for Crabby Bill’s and Beach Concessions - Mayor Hibbard Staff was directed to negotiate with Crabby Bill’s regarding a 4-year extension subject to improvements to the property and to negotiate with the Beach Concession for a 5-year extension from February 2012. 12.2 Sea Oat Planting Staff was directed to revisit the potential sea oat planting next year with input from the Environmental Advisory Board. The City Manager advised that the Park and Recreation Technician needed to manage the sand will be added back to the 2010/2011 Budget. 13. Closing Comments by Mayor Mayor Frank Hibbard reviewed recent and upcoming events. Council 2010-08-05 26 14. Adjourn The meeting was adjourned at 1:02 a.m. Mayor City of Clearwater Attest OF THE Ci Clerk 'aTE Council 2010-08-05 27