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06/07/2012 City Council Agenda Location: Council Chambers - City Hall Date: 6/7/2012- 5:00 PM Welcome. We are glad to have you join us. If you wish to speak, please wait to be recognized, then state your name and address. Persons speaking before the City Council shall be limited to three (3) minutes unless otherwise noted under Public Hearings. For other than Citizens to be heard regarding items not on the Agenda, a spokesperson for a group may speak for three (3) minutes plus an additional minute for each person in the audience that waives their right to speak, up to a maximum of ten (10) minutes. Prior to the item being presented, please obtain the needed form to designate a spokesperson from the City Clerk (right-hand side of dais). Up to thirty minutes of public comment will be allowed for an agenda item. No person shall speak more than once on the same subject unless granted permission by the City Council. The City of Clearwater strongly supports and fully complies with the Americans with Disabilities Act (ADA). Please advise us at least 48 hours prior to the meeting if you require special accommodations at 727-562-4090. Assisted Listening Devices are available. Kindly refrain from using beepers, cellular telephones and other distracting devices during the meeting. 1. Call to Order 2. Invocation 3. Pledge of Allegiance 4. Presentations 4.1End of Session Report - Rep. Frishe Attachments 4.2End of Session Report - Peter Dunbar and Martha Edenfield, Pennington Law Firm Attachments 4.3Hurricane Awareness Proclamation Attachments 5. Approval of Minutes 5.1Approve the minutes of the May 17, 2012 City Council Meeting as submitted in written summation by the City Clerk. Attachments 6. Citizens to be Heard re Items Not on the Agenda Public Hearings - Not before 6:00 PM 7. Second Readings - Public Hearing 7.1Adopt Ordinance 8319-12 on second reading, annexing certain real property whose post office address is 2172 Burnice Drive, together with the abutting right-of-way of Burnice Drive and together with the additional right-of-way abutting 2160 and 2166 Burnice Drive, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Attachments 7.2Adopt Ordinance 8320-12 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 2172 Burnice Drive, together with the abutting right-of-way of Burnice Drive and together with the additional right-of-way abutting 2160 and 2166 Burnice Drive, upon annexation into the City of Clearwater, as Residential Low (RL). Attachments 7.3Adopt Ordinance 8321-12 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 2172 Burnice Drive, together with the abutting right-of-way of Burnice Drive and together with the additional right-of-way abutting 2160 and 2166 Burnice Drive, upon annexation into the City of Clearwater as Low Medium Density Residential (LMDR). Attachments 7.4Adopt Ordinance 8325-12 on second reading, annexing certain real property whose post office address is 3113 San Mateo Street, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Attachments 7.5Adopt Ordinance 8326-12 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 3113 San Mateo Street, upon annexation into the City of Clearwater, as Residential Urban (RU). Attachments 7.6Adopt Ordinance 8327-12 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 3113 San Mateo Street, upon annexation into the City of Clearwater as Low Medium Density Residential (LMDR). Attachments 7.7Adopt Ordinance 8329-12 on second reading, adopting the City of Clearwater Code of Ordinances Chapter 13, Domestic Partner Registry, creating Sections 13/1 through 13/7, providing for repeal of all ordinances in conflict, providing for severability. Attachments 7.8Adopt Ordinance 8330-12 on second reading, amending the Stormwater Utility Rates for fiscal years 2012 through 2016. Attachments City Manager Reports 8. Consent Agenda 8.1Approve the first amendment to the Management Agreement between the City of Clearwater and the Clearwater Regional Chamber of Commerce, Inc. to extend the Agreement for a one (1) year period, modify the notice provision, and clarify the indemnification provision; and authorize funding in the amount of $50,000 in Fiscal Year 2012-2013 for the operation of the Beach Visitor Information Center (BVIC), and authorize the appropriate officials to execute same. (consent) Attachments 8.2Approve a loan up to $800,000 to Prospect Towers of Clearwater, Inc. to renovate an existing rental housing apartment complex for seniors located at 801 Chestnut Street, Clearwater; enter into a land use restriction agreement, mortgage and note with loan terms as follows: a 30-year loan with a five-year defined repayment at $6,000 payable for year one and $12,000 payable for years two through five and an amortized 25-year loan on the remaining balance at one percent interest rate per annum, and authorize the appropriate officials to execute same. (consent) Attachments 8.3Ratify and confirm the City Managers approval to issue a Purchase Order to Keystone Excavators, Inc., of Oldsmar, FL, for $142,750 for the soil and delivery of the soil needed for the construction of the North Greenwood Athletic Fields located at the Jack Russell Stadium parking lot. (consent) Attachments 8.4Approve the First Amended and Restated Memorandum of Understanding between the City of Clearwater, a municipal corporation of the State of Florida, and Ruth Eckerd Hall, Inc., a Florida Not-for- Profit corporation, delineating the responsibilities of the parties with respect to the purchase, rehabilitation, operation, and maintenance of the Capitol Theater and Lokey Building (403 and 401 Cleveland street) and if acquired, the building at 409 Cleveland Street; and authorize the appropriate officials to execute same. (consent) Attachments 8.5Approve a contingency contract with Motley Rice, LLC., for representation for claims arising out of the April 20, 2010 Deepwater Horizon Spill and its aftermath and authorize the appropriate officials to execute same. (consent) Attachments 8.6Approve legal services agreement with Gina Grimes, Esq. at Hill Ward and Henderson for representation of the Community Development Board, Building/Flood Board of Adjustment and Appeals, and other boards as necessary. (consent) Attachments 9. Other Items on City Manager Reports 9.1Provide for a referendum on November 6, 2012 allowing the City Council to grant economic development ad valorem tax exemptions if approved by a majority of city voters; approve preliminary Economic Development Ad Valorem Tax Exemption Program parameters and pass Ordinance 8338-12 on first reading. Attachments 9.2Consider recommendation by the Parks and Recreation Advisory Board to rename the North Greenwood Recreation and Aquatics Complex (NGRAC), located at 900 North Martin Luther King Jr. Avenue, to The Walter C. Campbell, Sr. Recreation and Aquatic Complex. Attachments Miscellaneous Reports and Items 10. City Manager Verbal Reports 10.1City Manager Verbal Reports Attachments 11. Other Council Action 11.1Density and Parking Incentives for Affordable Housing Developments: take item off table and reschedule public hearing for June 20, 2012. Councilmember Polglaze Attachments 12. Closing Comments by Mayor 13. Adjourn Meeting Date: 6/7/2012 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: End of Session Report - Rep. Frishe SUMMARY: Review Approval: Cover Memo Item # 1 Meeting Date: 6/7/2012 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: End of Session Report - Peter Dunbar and Martha Edenfield, Pennington Law Firm SUMMARY: Review Approval: Cover Memo Item # 2 Meeting Date: 6/7/2012 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Hurricane Awareness Proclamation SUMMARY: Review Approval: Cover Memo Item # 3 Meeting Date: 6/7/2012 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the minutes of the May 17, 2012 City Council Meeting as submitted in written summation by the City Clerk. SUMMARY: Review Approval: Cover Memo Item # 4 Attachment number 1 \nPage 1 of 18 CITY COUNCIL MEETING MINUTES CITY OF CLEARWATER May 17, 2012 Present:Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Doreen Hock-DiPolito, Councilmember Bill Jonson,and Councilmember and Councilmember and Councilmember DiPolito, Councilmember Bill Jonson, DiPolito, Councilmember Bill Jonson, Jay E. Polglaze. Also Present:William B. Horne II -City Manager, Rod Irwin -Assistant City Manager, Assistant City Manager, Assistant City Manager, Rod Irwin Rod Irwin -- Pamela K. Akin - City Attorney, Rosemarie Call - City Clerk, and Nicole City Attorney, Rosemarie Call City Attorney, Rosemarie Call City Clerk, and Nicole City Clerk, and Nicole - - Sprague -Official Records and Legislative Services Coordinator. Official Records and Legislative Services Coordinator.Official Records and Legislative Services Coordinator. To provide continuity for research, items are agenda order although not To provide continuity for research, items are agenda order although not To provide continuity for research, items are agenda order although not necessarily discussed in that order. necessarily discussed in that order. Unapproved 1. Call to Order –Mayor George N. Cretekos Mayor George N. CretekosMayor George N. Cretekos The meeting was called to order at6:00 p.m. at City Hall. 6:00 p.m. at City Hall.6:00 p.m. at City Hall. The meeting was called to order at The meeting was called to order at 2. Invocation –Pastor Dan Huntington from Pathways Community Church Invocation Pastor Dan Huntington from Pathways Community ChurchPastor Dan Huntington from Pathways Community Church – 3. Pledge of Allegiance–Vice Mayor Paul Gibson Pledge of AllegiancePledge of AllegianceVice Mayor Paul GibsonVice Mayor Paul Gibson 3. –– 4. Presentations –Given. 4. 4. Presentations Presentations Given.Given. –– 4.1 Service Awards Service AwardsService Awards 4.1 Two service awards were presented to city employees. Two service awards were presented to city employees.Two service awards were presented to city employees. 4.2 Southeastern Guide Dogs Presentation –Jennifer Bement, Southeastern Guide 4.2 4.2 Southeastern Guide Dogs Presentation Southeastern Guide Dogs Presentation Dogs, Public Relations Specialist Dogs, Public Relations SpecialistDogs, Public Relations Specialist Ms. Bement presented Coastie, a yellow Labrador guide dog puppy-in-training Ms. Bement presented Coastie, a yellow Labrador guide dog puppyMs. Bement presented Coastie, a yellow Labrador guide dog puppy sponsored by the City. sponsored by the City.sponsored by the City. 4.3 No Item No Item No Item 4.4 Downtown Development Board (DDB) check presentation to The Eye Shop - Downtown Development Board (DDB) check presentation to The Eye Shop Downtown Development Board (DDB) check presentation to The Eye Shop David Allbritton, DDB Chair Council2012-05-171 Item # 4 Attachment number 1 \nPage 2 of 18 Mr. Allbritton presented a Business Relocation Grant check to Pam Rowan, owner of The Eye Shop, located at 432 Cleveland Street. 4.5 Public Works Week Proclamation: May 20 –26, 2012 –Tracy Mercer, Public Utilities Director 4.6 EMS Week Proclamation: May 20–26, 2012 -Assistant Fire Chief Doug Swartz Assistant Fire Chief Doug Swartz Assistant Fire Chief Doug Swartz 4.7 Police Volunteer Check Presentation–Sgt. Mike Walek, Clearwater Police Sgt. Mike Walek, Clearwater Police Sgt. Mike Walek, Clearwater Police Department Sgt. Walek presented the City with acheck representing $222,165.36 salary savings check representing $222,165.36 salary check representing $222,165.36 salary savingssavings due to police volunteers hours. 4.8 Environmental Advisory Board–Pete Stasis, Chair Pete Stasis, Chair Environmental Advisory Board – Pete Stasis, Chair Environmental Advisory Board Chair Pete Stasisreviewed efforts of the Board. During Pete StasisPete Stasisreviewed efforts of the Board. During reviewed efforts of the Board. During Environmental Advisory Board Chair the past year,the Board has met quarterlyand held two special meetings to provide and held two special meetings to provide and held two special meetings to provide the Board has met quarterly council feedback on sand dunes and artificial turf. Other areas of interest discussed by council feedback on sand dunes and artificial turf. council feedback on sand dunes and artificial turf. Other areas of interest discussed by Other areas of interest discussed by the Board were Clearwater Greenprint initiatives, adopt-a-park initiatives and community the Board were Clearwater Greenprint initiatives, adopt-a-park initiatives and community the Board were Clearwater Greenprint initiatives, adopt-a-park initiatives and community gardens. 4.9 Strategic Action Steps to Address Homelessness in Clearwater (CMO)–Dr. Strategic Action Steps to Address Homelessness in Clearwater (CMO)Strategic Action Steps to Address Homelessness in Clearwater (CMO) 4.9 Robert Marbut Robert MarbutRobert Marbut Dr. Robert Marbut provided a PowerPoint presentation. Goal of the recommendations Dr. Robert Marbut provided a PowerPoint presentation. Goal of the Dr. Robert Marbut provided a PowerPoint presentation. Goal of the is to engage as many homeless individuals as possible into programming. The highest is to engage as many homeless individuals as possible into programming. The highest is to engage as many homeless individuals as possible into programming. The highest concentration of homeless individuals is the Tampa-Metro market, weather being the concentration of homeless individuals is the Tampaconcentration of homeless individuals is the TampaMetro market, weather being the - main draw. Clearwater has four homeless sub-populations: families with children, main draw. Clearwater has four homeless subdraw. Clearwater has four homeless subpopulations: families with children, - individuals from other places in Florida who heard Clearwater Beach is a good place to individuals from other places in Florida who heard Clearwater Beach is a good place to individuals from other places in Florida who heard Clearwater Beach is a good place to be homeless, group-oriented individuals in the Gateway area who use the soup kitchen be homeless, groupbe homeless, grouporiented individuals in the Gateway area who use the soup kitchen oriented individuals in the Gateway area who use the soup kitchen - and have been in the area for at least five years, and the independent individuals in the and havand have been in the area for at least five years, and the e been in the area for at least five years, and the eastern edge who have elaborate encampments. Dr. Marbut said the who have eastern edge eastern edge elaborate encampments. Dr. Marbut said the elaborate encampments. Dr. Marbut said the recommendations include implementing a culture of transformation that engages mmendations include implementing a culture of transformation that engages mmendations include implementing a culture of transformation that engages recoreco homeless individuals and integrates them back into societyand realigning sleeping and homeless individuals and integrates them back into societyhomeless individuals and integrates them back into society feeding magnets with agency services. Proposed ordinance changes include changing feeding magnets with agency services. Proposed ordinance changes include changing feeding magnets with agency services. Proposed ordinance changes include changing park closing times to dusk or 9:00 p.m.; prohibition of reclining on sidewalks in the park closing times to dusk or 9:00 p.m.; prohibition of reclining on sidewalks in the park closing times to dusk or 9:00 p.m.; prohibition of reclining on sidewalks in the downtown/gateway and beach corridors; prohibition of overnight sleeping/camping in downtown/gateway and beach corridors; prohibition of overnight sleeping/camping in downtown/gateway and beach corridors; prohibition of overnight sleeping/camping in public spaces (i.e., City Hall, libraries, etc.); and prohibition of bathing in public public spaces (i.e., City Hall, libraries, etc.); public spaces (i.e., City Hall, libraries, etc.); fountains. Council2012-05-172 Item # 4 Attachment number 1 \nPage 3 of 18 In response to questions, Dr. Marbut said Saint Petersburg has sustained 93% of homeless individuals off the streets to programming; Pinellas Park has sustained 100% for one year. Of the individuals in programming, 50% of participants will graduate into the second step. Since the Clearwater Police Departmenthas begun implementing some changes, more homeless individuals from north county are being transported to ore homeless individuals from north county are being transported to Pinellas Safe Harbor.Religious Community Services, Homeless Emergency Project P roject mergency mergency and the Salvation Army provide a combined bed capacity of 600. There was consensus for staff to continue engagement with Dr. Marbut, proceed with There was consensus for staff to continue engagement with Dr. Marbut, proceed with There was consensus for staff to continue engagement with Dr. Marbut, proceed with ordinance recommendations and provide funding support for local service agencies. provide funding support for local service agencies. provide funding support for local service agencies. The City Manager said recommendations and funding for service agencies wouldbe The City Manager said recommendations and funding for service agencies The City Manager said recommendations and funding for service agencies wouldwouldbe be addressed through the budgeting process. 5. Approval of Minutes 5.1 Approve the minutes of the May 3, 2012 City Council Meeting as submitted in the May 3, 2012 City Council Meeting as submitted in the May 3, 2012 City Council Meeting as submitted in written summation by the City Clerk. written summation by the City Clerk. Councilmember Bill Jonson moved to approve the minutes of the May 3, 2012 City Councilmember Bill Jonson moved to approve the minutes of the May 3, 2012 City pprove the minutes of the May 3, 2012 City Council Meeting as submitted in written summation by the City Clerk. The motion was Council Meeting as submitted in written summation by the City Clerk. The motion Council Meeting as submitted in written summation by the City Clerk. The motion was was duly seconded and carried unanimously. duly seconded and carried unanimously.duly seconded and carried unanimously. 6. Citizens to be Heard re Items Not on the Agenda Citizens to be Heard re Items Not on the AgendaCitizens to be Heard re Items Not on the Agenda Jason Gibertoniexpressed a concern regarding the reported 9-12 passenger vehicle JJGGibertoniibertoni expressed a concern regarding the reported 9expressed a concern regarding the reported 912 passenger vehicle 12 passenger vehicle ason ason -- the Jolley Trolley intends to purchase for a circulator service, which is illegal under the Jolley Trolley intends to purchase for a circulator service, which is illegal under the Jolley Trolley intends to purchase for a circulator service, which is illegal under National Highway Safety Administration Rules and opposed any ordinance changes that National Highway Safety Administration RulesNational Highway Safety Administration Rules nd opposed any ordinance changes that a would allowuse of such vehicle. use of such vehicle.use of such vehicle. would allow John Hood, Clearwater Audubon Society President, offered his assistance to the JJohn Hood, Clearwater Audubon Society President, offered his assistance to the , Clearwater Audubon Society President, offered his assistance to the ohn H Environmental Advisory Board and staff. Environmental Advisory Board and staff. Environmental Advisory Board and staff. Lisa Lanzareviewed the duties of the Environmental Advisory Board when first isa isa LLreviewed the duties of the Environmental Advisory Board duties of the Environmental Advisory Board LL anza anzathe established and questioned efforts for membership recruitment. established and questioned efforts for membership recruitment. established and questioned efforts for membership recruitment. JoePaigeopposed Clearwater Greenprint initiatives and opposed the scenic trail plan PPaigeaigeopposed Clearwater Greenprint initiatives and opposed the scenic trail plan opposed Clearwater Greenprint initiatives and opposed the scenic trail plan for the Courtney Campbell Causeway. for the Courtney Campbell for the Courtney Campbell Desmond Bezellexpressed concerns with trafficcongestion and speed. Desmond BDesmond Bezellezell Public Hearings - Not before 6:00 PM Council2012-05-173 Item # 4 Attachment number 1 \nPage 4 of 18 7. Administrative Public Hearings 7.1 Approve the annexation, initial Future Land Use Map designation of Residential Low (RL) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 2172 Burnice Drive (Lot 5, Glen Ellyn Estates in Section 24, Township 29 South, Range 15 East) together with the abutting right-of-way of way of of - Burnice Drive and together with the additional right of way of Burnice Drive Burnice Drive and together with the additional right of way of Burnice Drive Burnice Drive and together with the additional right of way of Burnice Drive abutting 2160 and 2166 Burnice Drive; and pass Ordinances 8319-12, 8320-12 abutting 2160 and 2166 Burnice Drive; and pass Ordinances 831912, 832012, 8320 -- 12 and 8321-12 on first reading.(ANX2012-02001) 1) 1) This voluntary annexation petition involves a 0.237-acre property consisting of acre property consisting of acre property consisting of This voluntary annexation petition involves a 0.237 - one parcel of land occupied by a single-family dwelling. It is located on the north family dwelling. It is located on the north family dwelling. It is located on the north side of Burnice Drive approximately 345 feet west of Belcher Road. The applicant side of Burnice Drive approximately 345 feet west of Belcher Road. The applicant side of Burnice Drive approximately 345 feet west of Belcher Road. The applicant is requesting this annexation in order to receive sanitary sewer and solid waste is requesting this annexation in order to receive sanitary sewer and solid waste is requesting this annexation in order to receive sanitary sewer and solid waste service from the City. The Planning and Development Department is requesting service from the City. The Planning and Development Department is requesting service from the City. The Planning and Development Department is requesting that the 0.3098-acres of abutting and adjacent right-of-way of Burnice Drive not acres of abutting and adjacent rightofway of Burnice Drive not way of Burnice Drive not -- acres of abutting and adjacent right currently within the city limits also be annexed. The property is contiguous to mits also be annexed. The property is contiguous to mits also be annexed. The property is contiguous to existing City boundaries to the north, east, and west. It is proposed that the existing City boundaries to the north, east, and west. It is proposed that the existing City boundaries to the north, east, and west. It is proposed that the property be assigned a Future Land Use Map designation of Residential Low (RL) property be assigned a Future Land Use Map designation of Residential Low (RL) property be assigned a Future Land Use Map designation of Residential Low (RL) and a Zoning Atlas designation of Low Medium Density Residential (LMDR). and a Zoning Atlas designation of Low Medium Dand a Zoning Atlas designation of Low Medium Density Residential (LMDR). ensity Residential (LMDR). The Planning and Development Department determined that the proposed The Planning and Development Department determined that the proposed The Planning and Development Department determined that the proposed annexation is consistent with the provisions of Clearwater Community annexation is consistent with the provisions of Clearwater Community annexation is consistent with the provisions of Clearwater Community Development Code Section 4-604.E as follows: 604.E as follows: 604.E as follows: Development Code Section 4Development Code Section 4 - The property currently receives water service from Pinellas County. Collection of The property currently receives water service from Pinellas County. Collection of The property currently receives water service from Pinellas County. Collection of solid waste and sewer service will be provided by the City. The property is located solid waste and sewer service will be provided by the City. The property is located solid waste and sewer service will be provided by the City. The property is located within Police District III and service will be administered through the district within Police District III and service will be administered through the district within Police District III and service will be administered through the district headquarters located at 2851 N. McMullen Booth Road. Fire and emergency headquarters located at 2851 N. McMullen Booth Road. Fire and emergency headquarters located at 2851 N. McMullen Booth Road. Fire and emergency medical services will be provided to this property by Station 47 located at 1480 medical services will be provided to this property by Station 47 located at 1480 medical services will be provided to this property by Station 47 located at 1480 Lakeview Road. The City has adequate capacity to serve this property with Lakeview Road. The City has adequate capacity to serve this property with Lakeview Road. The City has adequate capacity to serve this property with sanitary sewer, solid waste, police, fire and EMS service. The proposed sanitary sewer, solid waste, police, fire and EMS service. The proposed sanitary sewer, solid waste, police, fire and EMS service. The proposed annexation will not have an adverse effect on public facilities and their levels of ion will not have an adverse effect on public facilities and their levels of ion will not have an adverse effect on public facilities and their levels of annexat service; and service; and The proposed annexation is consistent with and promotes the following objective The proposed annexation is consistent with and promotes the following objective The proposed annexation is consistent with and promotes the following objective of the Clearwater Comprehensive Plan: of the Clearwater Comprehensive Plan: of the Clearwater Comprehensive Plan: Objective A.6.4 Due to the built-out character of the City of Clearwater, compact Objective A.6.4 Due to the builtObjective A.6.4 Due to the built urban development within the urban service area shall be promoted through urban development within the urban service area shall be promoted through urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. application of the Clearwater Community Development Code. application of the Clearwater Community Development Code. Objective A.7.2 Diversify and expand the City's tax base through the annexation of avariety of land uses located within the Clearwater Planning Area. Council2012-05-174 Item # 4 Attachment number 1 \nPage 5 of 18 Policy A.7.2.3 Continue to process voluntary annexations for single-family residential properties upon request. The proposed Residential Low (RL) Future Land Use Map category is consistent The proposed Residential Low (RL) Future Land Use Map category is consist with the current Countywide Plan designation of this property. This designation with the current Countywide Plan designation of this property. This designation with the current Countywide Plan designation of this property. This designation primarily permits residential uses at a density of 5 units per acre. The proposed primarily permits residential uses at a density of 5 units per acre. The proposed primarily permits residential uses at a density of 5 units per acre. The proposed zoning district to be assigned to the property is the Low Medium Density zoning district to be assigned to the property is the Low Medium Density zoning district to be assigned to the property is the Low Medium Density Residential (LMDR) District. The use of the subject property is consistent with the Residential (LMDR) District. The use of the subject property is consistent with the Residential (LMDR) District. The use of the subject property is consistent with the uses allowed in the district and the property exceeds the district's minimum uses allowed in the district and the property exceeds the district's minimum uses allowed in the district and the property exceeds the district's minimum dimensional requirements. The proposed annexation is therefore consistent with dimensional requirements. The proposed annexation is therefore consistent with dimensional requirements. The proposed annexation is therefore consistent with the Countywide Plan and the City's Comprehensive Plan and Community the Countywide Plan and the City's Comprehensive Plan and Community the Countywide Plan and the City's Comprehensive Plan and Community Development Code; and The property proposed for annexation is contiguous to existing City boundaries to The property proposed for annexation is contiguous to existing City boundaries to The property proposed for annexation is contiguous to existing City boundaries to the north, east and west; therefore, the annexation is consistent with Florida the north, east and west; therefore, the annexation is consistent with Florida the north, east and west; therefore, the annexation is consistent with Florida Statutes Chapter 171.044. Statutes Chapter 171.044. Councilmember Jay Polglaze moved to approve the annexation, initial Future Land Use ilmember Jay Polglaze moved to approve the annexation, initial Future Land Use ilmember Jay Polglaze moved to approve the annexation, initial Future Land Use Map designation of Residential Low (RL) and initial Zoning Atlas designation of Low Map designation of Residential Low (RL) and initial Zoning Atlas designation of Low Map designation of Residential Low (RL) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 2172 Burnice Drive (Lot 5, Glen Ellyn Medium Density Residential (LMDR) District for 2172 Burnice Drive (Lot 5, Glen Ellyn Medium Density Residential (LMDR) District for 2172 Burnice Drive (Lot 5, Glen Ellyn Estates in Section 24, Township 29 South, Range 15 East) together with the abutting in Section 24, Township 29 South, Range 15 East) together with the abutting in Section 24, Township 29 South, Range 15 East) together with the abutting right-of-way of Burnice Drive and together with the additional right of way of Burnice way of Burnice Drive and together with the additional right of way of Burnice way of Burnice Drive and together with the additional right of way of Burnice Drive abutting 2160 and 2166 Burnice Drive. The motion was duly seconded and Drive abutting 2160 and 2166 Burnice Drive. The motion was duly seconded and Drive abutting 2160 and 2166 Burnice Drive. The motion was duly seconded and carried unanimously. carried unanimously. carried unanim ously. Ordinance 8319-12 was presented and read by title only. Vice Mayor Paul Gibson Ordinance 8319Ordinance 8319 12 was presented and read by title only. Vice Mayor Paul Gibson 12 was presented and read by title only. Vice Mayor Paul Gibson -- moved to pass Ordinance 8319-12 on first reading. The motion was duly seconded and moved to pass Ordinance 8319moved to pass Ordinance 831912 on first reading. The motion was duly seconded and 12 on first reading. The motion was duly seconded and - upon roll call, the vote was: upon roll call, the vote was:upon roll call, the vote was: "Ayes":Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember "Ayes"Mayor George N. Cretekos, Vice Mayor Paul GibMayor George N. Cretekos, Vice Mayor Paul Gib : Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember Doreen HockDoreen HockDiPolito, Councilmember Bill Jonson, and Councilmember DiPolito, Councilmember Bill Jonson, and Councilmember -- Jay E. Polglaze. Jay E. Polglaze.Jay E. Polglaze. "Nays":None. "Nays""Nays"None. : Ordinance 8320-12 was presented and read by title only. Councilmember Bill Jonson Ordinance 8320Ordinance 832012 was presented and read by title only. Councilmember Bill Jonson 12 was presented and read by title only. Councilmember Bill Jonson -- moved to pass Ordinance 8320-12 on first reading. The motion was duly seconded and moved to pass Ordinance 8320moved to pass Ordinance 8320 upon roll call, the vote was: upon roll call, the vote was:upon roll call, the vote was: "Ayes":Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember Jay E. Polglaze. Council2012-05-175 Item # 4 Attachment number 1 \nPage 6 of 18 "Nays":None. Ordinance 8321-12 was presented and read by title only. Councilmember Doreen Hock-DiPolito moved to pass Ordinance 8321-12 on first reading. The motion was duly 12 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes":Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Councilmember Councilmember Mayor George N. Cretekos, Vice Mayor Paul Gibson, Mayor George N. Cretekos, Vice Mayor Paul Gibson, Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember DiPolito, Councilmember Bill Jonson, and Councilmember DiPolito, Councilmember Bill Jonson, and Councilmember Jay E. Polglaze. "Nays":None. 7.2 Approve the annexation, initial Future Land Use Map designation of Residential Approve the annexation, initial Future Land Use Map designation of Residential Approve the annexation, initial Future Land Use Map designation of Residential Urban (RU) and initial Zoning Atlas designation of Low Medium Density Urban (RU) and initial Zoning Atlas designation of Low Medium Density Urban (RU) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 3113 San Mateo Street (Lot 14, Del Oro Gardens Residential (LMDR) District for 3113 San Mateo Street (Lot 14, Del Oro GardResidential (LMDR) District for 3113 San Mateo Street (Lot 14, Del Oro Gard ens in Section 9, Township 29 South, Range 16 East); and pass Ordinances 8325- in Section 9, Township 29 South, Range 16 East); and pass Ordinances 8325in Section 9, Township 29 South, Range 16 East); and pass Ordinances 8325 - 12, 8326-12 and 8327-12 on first reading.(ANX2012-02002) 12 on first reading.(ANX201212 on first reading.(ANX201202002)02002) 12 and 8327 -- This voluntary annexation petition involves a 0.166-acre property consisting of This voluntary annexation petition involves a 0.166This voluntary annexation petition involves a 0.166acre property consisting of acre property consisting of -- one parcel of land occupied by a single-family dwelling. It is located on the south one parcel of land occupied by a singleone parcel of land occupied by a singlefamily dwelling. It is located on the south family dwelling. It is located on the south -- side of San Mateo Street approximately 145 feet east of McMullen Booth Road. side of San Mateo Street approximately 145 feet east of McMullen Booth Road. side of San Mateo Street approximately 145 feet east of McMullen Booth Road. The applicant is requesting this annexation in order to receive sanitary sewer and The applicant is requesting this annexation in order to receive sanitary sewer and The applicant is requesting this annexation in order to receive sanitary sewer and solid waste service from the City. The property is contiguous to existing City solid waste service from the City. The property is contiguous to existing City solid waste service from the City. The property is contiguous to existing City boundaries to the north, south, and east. It is proposed that the property be boundaries to the north, south, and east. It is proposed that the property be boundaries to the north, south, and east. It is proposed that the property be assigned a Future Land Use Map designation of Residential Urban (RU) and a assigned a Future Land Use Map designation of Residential Urban (RU) and a assigned a Future Land Use Map designation of Residential Urban (RU) and a Zoning Atlas designation of Low Medium Density Residential (LMDR). Zoning Atlas designation of Low Medium Density Residential (LMDR). Zoning Atlas designation of Low Medium Density Residential (LMDR). The Planning and Development Department determined that the proposed The Planning and Development Department determined that the proposed The Planning and Development Department determined that the proposed annexation is consistent with the provisions of Clearwater Community annexation is consistent with the provisions of Clearwater Community annexation is consistent with the provisions of Clearwater Community Development Code Section 4-604.E as follows: Development Code Section 4opment Code Section 4604.E as follows: 604.E as follows: - The property currently receives water service from the City. Collection of solid The property currently receives water service from the City. Collection of solid The property currently receives water service from the City. Collection of solid waste and sewer service will be provided by the City. The property is located waste and sewer service will be provided by the City. The property is located waste and sewer service will be provided by the City. The property is located within Police District III and service will be administered through the district within Police District III and service will be adminiswithin Police District III and service will be adminis headquarters located at 2851 N. McMullen Booth Road. Fire and emergency headquarters located at 2851 N. McMullen Booth Road. Fire and emergency headquarters located at 2851 N. McMullen Booth Road. Fire and emergency medical services will be provided to this property by Station 49 located at 565 Sky medical services will be provided to this property by Station 49 located at 565 Sky medical services will be provided to this property by Station 49 located at 565 Sky Harbor Drive. The City has adequate capacity to serve this property with sanitary Harbor Drive. The City has adequate capacity to serve this property with Harbor Drive. The City has adequate capacity to serve this property with sewer, solid waste, police, fire and EMS service. The proposed annexation will not sewer, solid waste, police, fire and EMS service. The proposed annexation will not sewer, solid waste, police, fire and EMS service. The proposed annexation will not have an adverse effect on public facilities and their levels of service; and have an adverse effect on public facilities and their levels of service; andhave an adverse effect on public facilities and their levels of service; and The proposed annexation is consistent with and promotes the following objective of theClearwater Comprehensive Plan: Council2012-05-176 Item # 4 Attachment number 1 \nPage 7 of 18 Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Objective A.7.2 Diversify and expand the City's tax base through the annexation Objective A.7.2 Diversify and expand the City's tax base through the annexation Objective A.7.2 Diversify and expand the City's tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. of a variety of land uses located within the Clearwater Planning Area. of a variety of land uses located within the Clearwater Planning Area. Policy A.7.2.3 Continue to process voluntary annexations for single-family family family Policy A.7.2.3 Continue to process voluntary annexations for singlePolicy A.7.2.3 Continue to process voluntary annexations for single - residential properties upon request. The proposed Residential Urban (RU) Future Land Use Map category is The proposed Residential Urban (RU) Future Land Use Map category is The proposed Residential Urban (RU) Future Land Use Map category is consistent with the current Countywide Plan designation of this property. This consistent with the current Countywide Plan designation of this property. This consistent with the current Countywide Plan designation of this property. This designation primarily permits residential uses at a density of 7.5 units per acre. designation primarily permits residential uses at a density of 7.5 units per acre. designation primarily permits residential uses at a density of 7.5 units per acre. The proposed zoning district to be assigned to the property is the Low Medium The proposed zoning district to be assigned to the property is the Low Medium The proposed zoning district to be assigned to the property is the Low Medium Density Residential (LMDR) District. The use of the subject property is consistent Density Residential (LMDR) District. The use of the subject property is consistent Density Residential (LMDR) District. The use of the subject property is consistent with the uses allowed in the district and the property exceeds the district's with the uses allowed in the district and the property exceeds the district's with the uses allowed in the district and the property exceeds the district's minimum dimensional requirements. The proposed annexation is therefore ts. The proposed annexation is therefore ts. The proposed annexation is therefore minimum dimensional requiremen consistent with the Countywide Plan and the City's Comprehensive Plan and consistent with the Countywide Plan and the City's Comprehensive Plan and consistent with the Countywide Plan and the City's Comprehensive Plan and Community Development Code; and Community Development Code; and The property proposed for annexation is contiguous to existing City boundaries to The property proposed for annexation is contiguous to existing City boundaries to The property proposed for annexation is contiguous to existing City boundaries to the north, south and east; therefore, the annexation is consistent with Florida the north, south and east; therefore, the annexation is consistent with Florida east; therefore, the annexation is consistent with Florida Statutes Chapter 171.044. Statutes Chapter 171.044.Statutes Chapter 171.044. Councilmember Jay Polglaze moved to approve the annexation, initial Future Land Use Councilmember Jay Polglaze moved to approve the annexation, initial Future Land Use Councilmember Jay Polglaze moved to approve the annexation, initial Future Land Use Map designation of Residential Urban (RU) and initial Zoning Atlas designation of Low Map designation of Residential Urban (RU) and initial Zoning Atlas designation of LowMap designation of Residential Urban (RU) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 3113 San Mateo Street (Lot 14, Del Oro Medium Density Residential (LMDR) District for 3113 San Mateo Street (Lot 14, Del Oro Medium Density Residential (LMDR) District for 3113 San Mateo Street (Lot 14, Del Oro Gardens in Section 9, Township 29 South, Range 16 East). The motion was duly Gardens in Section 9, Township 29 South, Range 16 East). The motion was duly Gardens in Section 9, Township 29 South, Range 16 East). The motion was duly seconded and carried unanimously. seconded and carried unanimously.seconded and carried unanimously. Ordinance 8325-12 was presented and read by title only. Vice Mayor Paul Gibson Ordinance 8325Ordinance 8325 12 was presented and read by title only. 12 was presented and read by title only. - moved to pass Ordinance 8325-12 on first reading. The motion was duly seconded and moved to pass Ordinance 8325moved to pass Ordinance 832512 on first reading. The motion was duly seconded and - upon roll call, the vote was: upon roll call, the vote was:upon roll call, the vote was: "Ayes":Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember "Ayes""Ayes"Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember :: Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember Doreen HockDoreen Hock Jay E. Polglaze. Jay E. Polglaze.Jay E. Polglaze. "Nays":None. None.None. Council2012-05-177 Item # 4 Attachment number 1 \nPage 8 of 18 Ordinance 8326-12 was presented and read by title only. Councilmember Doreen Hock-DiPolito moved to pass Ordinance 8326-12 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes":Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember DiPolito, Councilmember Bill Jonson, and Councilmember DiPolito, Councilmember Bill Jonson, and Councilmember Jay E. Polglaze. "Nays":None. Ordinance 8327-12 was presented and read by title only. Councilmember Jay Polglaze Councilmember Councilmember 12 was presented and read by title only. Jay Polglaze Jay Polglaze moved to pass Ordinance 8327-12 on first reading. The motion was duly seconded and 12 on first reading. The motion was duly seconded and 12 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes":Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember Councilmember Councilmember DiPolito, Councilmember Bill Jonson, and DiPolito, Councilmember Bill Jonson, and Jay E. Polglaze. "Nays":None. 7.3 Approve amendments to the Community Development Code providing density Community Development Code providing density Community Development Code providing density Approve amendments to the Approve amendments to the and parking incentives for affordable housing developments, and pass and parking incentives for affordable housing developments, and pass and parking incentives for affordable housing developments, and pass Ordinance 8313-12 on first reading. (TA2012-01001) Ordinance 831312 on first reading. (TA201212 on first reading. (TA201201001)01001) Ordinance 8313 --- The City's Evaluation and Appraisal Report, which was released in August 2006, The City's Evaluation and Appraisal Report, which was released in August 2006, The City's Evaluation and Appraisal Report, which was released in August 2006, indicated a need to create specific policies in the Clearwater Comprehensive Plan indicated a need to create specific policies in the Clearwater Comprehensive Plan indicated a need to create specific policies in the Clearwater Comprehensive Plan to incentivize affordable housing, specifically calling for density bonuses and to incentivize affordable housing, specifically calling for density bonuses and to incentivize affordable housing, specifically calling for density bonuses and parking reductions. In December 2008, the Clearwater City Council approved parking reductions. In December 2008, the Clearwater City Council approved parking reductions. In December 2008, the Clearwater City Council approved amendments to the Clearwater Comprehensive Plan that included an objective amendments to the Clearwater Comprehensive Plan that included an objective amendments to the Clearwater Comprehensive Plan that included an objective and policies relating to affordable housing incentives. This proposed amendment and policies relating to affordable housing incentives. This proposed amendment and policies relating to affordable housing incentives. This proposed amendment to the Community Development Code implements that objective and policies. to the Community Development Code implements that objective and policies. to the Community Development Code implements that objective and policies. Proposed Ordinance 8313-12 includes the following amendments: Proposed Ordinance 8313Proposed Ordinance 8313 12 includes the following amendments: - Clarifies that the densities contained in the Clearwater Comprehensive Plan can Clarifies that the densities contained in the Clearwater Comprehensive Plan can Clarifies that the densities contained in the Clearwater Comprehensive Plan can be exceeded under the new affordable housing density provisions. be exceeded under the new affordable housing density provisions.be exceeded under the new affordable housing density provisions. Sets forththe review and approval process for granting the affordable housing Sets forthSets forththe review and approval process for granting the affordable housing the review and approval process for granting the affordable housing density bonus. density bonus.density bonus. Council2012-05-178 Item # 4 Attachment number 1 \nPage 9 of 18 Establishes a density bonus and sets forth how it is calculated, differentiating between mixed-income affordable housing developments and other affordable housing developments. Sets forth standards that apply to all affordable housing developments that are Sets forth standards that apply to all affordable housing developments that are granted the density bonus, including compatibility criteria, design criteria and granted the density bonus, including compatibility criteria, design criteria and granted the density bonus, including compatibility criteria, design criteria and green building criteria. Sets forth criteria for a required covenant to maintain affordability, which address Sets forth criteria for a required covenant to maintain affordability, which address Sets forth criteria for a required covenant to maintain affordability, which address both owner-occupied units and rental units. Sets forth the standards for approval for the affordable housing parking incentive, Sets forth the standards for approval for the affordable housing parking incentive, Sets forth the standards for approval for the affordable housing parking incentive, which allows a reduction in required parking spaces provided the criteria are met. which allows a reduction in required parking spaces provided the criteria are met.which allows a reduction in required parking spaces provided the criteria are met. Clarifies that affordable housing developments receiving the density bonus will be affordable housing developments receiving the density bonus will be affordable housing developments receiving the density bonus will be reviewed as a Level Two application. reviewed as a Level Two application. Sets forth definitions for: affordable housing unit; dwelling, affordable housing Sets forth definitions for: affordable housing unit; dwelling, affordable housing Sets forth definitions for: affordable housing unit; dwelling, affordable housing bonus density; and dwelling, reserved affordable housing. bonus density; and dwelling, reserved affordable housing.bonus density; and dwelling, reserved affordable housing. The Community Development Board (CDB) reviewed the proposed amendment at nity Development Board (CDB) reviewed the proposed amendment at nity Development Board (CDB) reviewed the proposed amendment at its meeting on April 17, 2012 and unanimously recommended the amendment for its meeting on April 17, 2012 and unanimously recommended the amendment for its meeting on April 17, 2012 and unanimously recommended the amendment for approval. approval. At the City Council meeting on May 3, 2012 this item was tabled for further At the City Council meeting on May 3, 2012 this item was tabled for further At the City Council meeting on May 3, 2012 this item was tabled for further revision. The desired language describing how to measure the distance from a revision. The desired language describing how to measure the distance from a revision. The desired language describing how to measure the distance from a transit stop has been incorporated in the attached ordinance. transit stop has been incorporated in the attached ordinance.transit stop has been incorporated in the attached ordinance. Councilmember Bill Jonson moved to take Agenda Item 7.3 off the table. Councilmember Bill Jonson moved to take Agenda Item 7.3 off the table.Councilmember Bill Jonson moved to take Agenda Item 7.3 off the table. The motion failed for lack of a second. The motion failed for lack of a second.The motion failed for lack of a second. City Manager Reports City Manager ReportsCity Manager Reports 8. Consent Agenda–Approved as submitted, less items 8.1 and 8.9 Consent AgendaConsent Agenda 8. 8. Approved as submitted, less items 8.1 and 8.9Approved as submitted, less items 8.1 and 8.9 –– 8.1 Approve the Memorandum of Understanding between the City and City of Approve the Memorandum of Understanding between the City and City of Approve the Memorandum of Understanding between the City and City of Dunedin allowingfor the use of the City of Clearwater Employee Health Center Dunedin allowingDunedin allowing Dunedin allowingDunedin allowing by employees, retirees, and their dependents under the City of Dunedin medical by employees, retirees, and their dependents under the City of Dunedin medical by employees, retirees, and their dependents under the City of Dunedin medical plan, in a cost-sharing arrangement that will allow for an increase in facility staff plan, in a costplan, in a cost plan, in a cost and hours of operation while providing for savings of approximately $50,100 in the form of revenue to the City of Clearwater and authorize the appropriate officials to execute same. (consent) Council2012-05-179 Item # 4 Attachment number 1 \nPage 10 of 18 See below. 8.2 Approve the Lease Modification Agreement between the City and Powell Approve the Lease Modification Agreement between the City and Powell Professional Center, LLLP, for the space designated as Suite 240, located in the Professional Center, LLLP, for the space designated as Suite 240, located in the Professional Center, LLLP, for the space designated as Suite 240, located in the commercial building known as the Powell Professional Center at 401 Corbett commercial building known as the Powell Professional Center at 401 Corbett commercial building known as the Powell Professional Center at 401 Corbett Street, Clearwater, FL, for use by the City as an onsite medical clinic at a cost Street, Clearwater, FL, for use by the City as an onsite medical clinic at a cost Street, Clearwater, FL, for use by the City as an onsite medical clinic at a cost not-to-exceed $125,000 for the three year period beginning July 1, 2013 and exceed $125,000 for the three year period beginning July 1, 2013 and exceed $125,000 for the three year period beginning July 1, 2013 and ending June 30, 2016. (consent) 8.3 Award a contract (purchase order) to Equipco Manufacturing, Inc. in the amount Award a contract (purchase order) to Equipco Manufacturing, Inc. in the amount Award a contract (purchase order) to Equipco Manufacturing, Inc. in the amount of $150,000 for the purchase of front-load containers, for period May 18, 2012 load containers, for period May 18, 2012 load containers, for period May 18, 2012 through May 17, 2013, as provided in the city’sCode of Ordinances, Section Code of Ordinances, Section Code of Ordinances, Section through May 17, 2013, as provided in the city’s 2.561 and authorize the appropriate officials to execute the same. (consent) e appropriate officials to execute the same. (consent) e appropriate officials to execute the same. (consent) 8.4 Approve a pre-event contract to AshBritt, Inc of Deerfield Beach, Florida to event contract to AshBritt, Inc of Deerfield Beach, Florida to event contract to AshBritt, Inc of Deerfield Beach, Florida to provide disaster recovery services during the contract period June 1, 2012 provide disaster recovery services during the contract period June 1, 2012 provide disaster recovery services during the contract period June 1, 2012 through May 30, 2015, per the City of Clearwater RFP 25-11, and authorize the through May 30, 2015, per the City of Clearwater RFP 25through May 30, 2015, per the City of Clearwater RFP 2511, and authorize the 11, and authorize the -- appropriate officials to execute same. (consent) appropriate officials to execute same. (consent)appropriate officials to execute same. (consent) 8.5 Award a contract (purchase order) to Sage Eco Solutions, Inc. of Riverview, FL Award a contract (purchase order) to Sage Eco Solutions, Inc. of Riverview, FL Award a contract (purchase order) to Sage Eco Solutions, Inc. of Riverview, FL in the amount of $287,500 for hauling yard waste from the city’ssolid waste in the amount of $287,500 for hauling yard waste from the in the amount of $287,500 for hauling yard waste from the city’scity’ssolid waste solid waste facility to the contractors facility, for period May 20, 2012 through May 19, 2013, facility to the contractors facility, for period May 20, 2012 through May 19, 2013, ity to the contractors facility, for period May 20, 2012 through May 19, 2013, as provided in the city’sCode of Ordinances, Section 2.561 and authorize the as provided in the as provided in the city’scity’sCode of Ordinances, Section 2.561 and authorize the Code of Ordinances, Section 2.561 and authorize the appropriate officials to execute the same. (consent) appropriate officials to execute the same. (consent)appropriate officials to execute the same. (consent) 8.6 Approve a Work Order to Engineer of Record (EOR) Cumbey and Fair, Inc, of 8.6 8.6 Approve a Work Order to Engineer of Record (EOR) Cumbey and Fair, Inc, of Approve a Work Order to Engineer of Record (EOR) Cumbey and Fair, Inc, of Clearwater, Florida, in the amount of $244,432.60, for engineering design and Clearwater, Florida, in the amount of $244,432.60, for engineering design and Clearwater, Florida, in the amount of $244,432.60, for engineering design and permitting services, for Smallwood Circle Drainage Improvements Project (11- permitting services, for Smallwood Circle Drainage Improvements Project (11permitting services, for Smallwood Circle Drainage Improvements Project (11 0057-EN); additional fundingin the amount of $50,000, and authorize the in the amount of $50,000, and authorize the in the amount of $50,000, and authorize the 0057EN); additional fundingEN); additional funding - appropriate officials to execute same. (consent) appropriate officials to execute same. (consent) appropriate officials to execute same. (consent) 8.7 Approve a Supplemental Work Order to King Engineering Associates, Inc. 8.7 8.7 Approve a Supplemental Work Order to King Engineering Associates, Inc. Approve a Supplemental Work Order to King Engineering Associates, Inc. (Engineer of Record) to provide engineering design and permitting services for (Engineer of Record) to provide engineering design and permitting services for (Engineer of Record) to provide engineering design and permitting services for theWoodlawn Terrace Storm Sewer Replacement Project (11-0028-EN) in the thetheWoodlawn Terrace Storm Sewer Replacement Project (11Woodlawn Terrace Storm Sewer Replacement Project (11 amount of $185,864.00 and authorize the appropriate officials to execute same. amount of $185,864.00 and authorize the appropriate officials to execute same. amount of $185,864.00 and authorize the appropriate officials to execute same. (consent) (consent)(consent) 8.8 Approve a work order to Engineer of Record (EOR), Leggette Brashear and Approve a work order to Engineer of Record (EOR), Leggette Brashear and Approve a work order to Engineer of Record (EOR), Leggette Brashear and Approve a work order to Engineer of Record (EOR), Leggette Brashear and Approve a work order to Engineer of Record (EOR), Leggette Brashear and Graham, Inc. (LBG) in the amount of $298,840 for the design, permitting, Graham, Inc. (LBGGraham, Inc. (LBG construction and testing of four monitoring wells for the City of Clearwater’sWell Field Monitoring Program (12-0013-UT) and authorize the appropriate officials to Council2012-05-1710 Item # 4 Attachment number 1 \nPage 11 of 18 execute same. (consent) 8.9 Award a Contract (purchase order) to Terra Renewal Services, Inc., of Richardson, TX for sediment removal (alum floc) at Prospect Lake Park a Stormwater Facility known as Town Pond in the amount of $417,224.81 and Stormwater Facility known as Town Pond in the amount of $417,224.81 and authorize the appropriate officials to execute same. (consent) See below. 8.10 Approve Change Order 2 to Reynolds Inliner, LLC, for the 2010 Stormwater Pipe Inliner, LLC, for the 2010 Stormwater Pipe Inliner, LLC, for the 2010 Stormwater Pipe Lining Project (09-0054-EN) to extend the contract time by 225 days and EN) to extend the contract time by 225 days and EN) to extend the contract time by 225 days and authorize the appropriate officials to execute same. (consent) authorize the appropriate officials to execute same. (consent)authorize the appropriate officials to execute same. (consent) 8.11 Accept a Drainage and Utilities Easement over portions of Lots 1 through 4 and Accept a Drainage and Utilities Easement over portions of Lots 1 through 4 and Accept a Drainage and Utilities Easement over portions of Lots 1 through 4 and 13, Block 19, Milton Park Subdivision, conveyed to the City by the property 13, Block 19, Milton Park Subdivision, conveyed to the City by the property 13, Block 19, Milton Park Subdivision, conveyed to the City by the property owner; and authorize appropriate officials to execute same. (consent) owner; and authorize appropriate officials to execute same. (consent) owner; and authorize appropriate officials to execute same. (consent) Councilmember Bill Jonson moved to approve the Consent Agenda as submitted, less n moved to approve the Consent Agenda as submitted, n moved to approve the Consent Agenda as submitted, less Councilmember Bill Jonso Agenda Items 8.1 and 8.9, and authorize the appropriate officials to execute same. The Agenda Items 8.1 and 8.9, and authorize the appropriate officials to execute same. The Agenda Items 8.1 and 8.9, and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. motion was duly seconded and carried unanimously.motion was duly seconded and carried unanimously. 8.1 Approve the Memorandum of Understanding between the City and City of Approve the Memorandum of Understanding between the City and City of Approve the Memorandum of Understanding between the City and City of Dunedin allowing for the use of the City of Clearwater Employee Health Center Dunedin allowing for the use of the City of Clearwater Employee Health Dunedin allowing for the use of the City of Clearwater Employee Health by employees, retirees, and their dependents under the City of Dunedin medical by employees, retirees, and their dependents under the City of Dunedin medical by employees, retirees, and their dependents under the City of Dunedin medical plan, in a cost-sharing arrangement that will allow for an increase in facility staff sharing arrangement that will allow for an increase in facility staff sharing arrangement that will allow for an increase in facility staff plan, in a costplan, in a cost -- and hours of operation while providing for savings of approximately $50,100 in and hours of operation while providing for savings of approximately $50,100 in and hours of operation while providing for savings of approximately $50,100 in the form of revenue to the City of Clearwater and authorize the appropriate the form of revenue to the City of Clearwater and authorize the appropriate orm of revenue to the City of Clearwater and authorize the appropriate officials to execute same. (consent) officials to execute same. (consent)officials to execute same. (consent) Since July 6, 2010, the City has contracted with CareATC to operate an onsite Since July 6, 2010, the City has contracted with CareATC to operate an onsite Since July 6, 2010, the City has contracted with CareATC to operate an onsite medical clinic for City employees, retirees, and their dependentscovered under medical clinic for City employees, retirees, and their dependentsmedical clinic for City employees, retirees, and their dependents the City's medical insurance. Upon opening the Employee Health Center, the City the City's medical insurance. Upon opening the Employee Health Center, the City the City's medical insurance. Upon opening the Employee Health Center, the City anticipated there could be future opportunities for partnering with other entities in anticipated there could be future opportunities for partnering with other entities in anticipated there could be future opportunities for partnering with other entities in the use and operation of the clinic, which might help to defray some of theCity's the use and operation of the clinic, which might help to defray some of thethe use and operation of the clinic, which might help to defray some of the costs. costs. costs. Recently, the City was approached by representatives from the City of Dunedin Recently, the City was approached by representatives from the City of Dunedin Recently, the City was approached by representatives from the City of Dunedin requesting to enter into an arrangement with the City of Clearwater that would requesting to enter into an arrangement with the City of Clearwater that would requesting to enter into an arrangement with the City of Clearwater that would allow Dunedin's employees, retirees, and dependents under their medical plan to allow Dunedin's employees, retirees, and dependents under their medical plan to allow Dunedin's employees, retirees, and dependents under their medical plan to utilize Clearwater's Employee Health Center. With the size of the Dunedin employee population at just over 300, they determined that opening a clinic of their own would not be practical and that a partnership with Clearwater could be Council2012-05-1711 Item # 4 Attachment number 1 \nPage 12 of 18 beneficial to both parties. Representatives from both organizations subsequently prepared a Memorandum of Understanding providing for Dunedin's use of Clearwater's facility. Under this MOU, the City of Dunedin will be billed directly for services such as Under this MOU, the City of Dunedin will be billed directly for services such as CareATC administrationfees, Personal Health Assessments, prescription fees, Personal Health Assessments, prescription fees, Personal Health Assessments, prescription medications, labs and radiology. Dunedin will be invoiced by Clearwater and medications, labs and radiology. Dunedin will be invoiced by Clearwater and medications, labs and radiology. Dunedin will be invoiced by Clearwater and share in the cost for items such as medical staff costs, general medical and office share in the cost for items such as medical staff costs, general medical and office share in the cost for items such as medical staff costs, general medical and office supplies, and the rent, utilities, and maintenance services for the facility. The supplies, and the rent, utilities, and maintenance services for the facility. The supplies, and the rent, utilities, and maintenance services for the facility. The items for which the parties will share the cost will be pro-rated based on the items for which the parties will share the cost will be prorated based on the rated based on the items for which the parties will share the cost will be pro -- respective percentage that each agency's number of employees comprises of the respective percentage that each agency's number of employees comprises of the respective percentage that each agency's number of employees comprises of the total number of employees combined between the two agencies. In accordance total number of employees combined between the two agencies. In total number of employees combined between the two agencies. In accordance accordance with such, Dunedin's percentage of the cost of the shared items will be no less with such, Dunedin's percentage of the cost of the shared items will be no less with such, Dunedin's percentage of the cost of the shared items will be no less than 17%. At the end of each year, the parties will review Dunedin's participant than 17%. At the end of each year, the parties will review Dunedin's participant than 17%. At the end of each year, the parties will review Dunedin's participant utilization rate and will adjust Dunedin's shared cost proportionally if their utilization rate and will adjust Dunedin's shared cost proportionally if their utilization rate and will adjust Dunedin's shared cost proportionally if their utilization is found to exceed 17% of the total participant utilization. In addition, zation is found to exceed 17% of the total participant utilization. In addition, zation is found to exceed 17% of the total participant utilization. In addition, Dunedin will remit to Clearwater a monthly fee of $3.00 per eligible employee in Dunedin will remit to Clearwater a monthly fee of $3.00 per eligible employee in Dunedin will remit to Clearwater a monthly fee of $3.00 per eligible employee in consideration for their use of the clinic and the administrative oversight that will consideration for their use of the clinic and the administrative oversight that will consideration for their use of the clinic and the administrative oversight that will continue to be borne by Clearwater. Last, Dunedin will also reimburse Clearwater to be borne by Clearwater. Last, Dunedin will also reimburse Clearwater to be borne by Clearwater. Last, Dunedin will also reimburse Clearwater for a percentage of the clinic initial start-up costs. for a percentage of the clinic initial startfor a percentage of the clinic initial start up costs.up costs. -- The MOU further specifies that Dunedin will not enter into any agreement with The MOU further specifies that Dunedin will not enter into any agreement with The MOU further specifies that Dunedin will not enter into any agreement with CareATC that will materially affect Clearwater's operations, liability or costs CareATC that will materially affect Clearwater's operations, liability or costs CareATC that will materially affect Clearwater's operations, liability or costs associated with the Employee Health Center, and that Clearwater will retain the associated with the Employee Health Center, and that Clearwater will retain the associated with the Employee Health Center, and that Clearwater will retain the final decision making authority on all matters involving the facility, clinic staffing, final decision making authority on all matters involving the facility, clinic staffing, final decision making authority on all matters involving the facility, clinic staffing, operations, services, and expenditures or costs. The MOU will result in Clearwater operations, services, and expenditures or costs. The MOU woperations, services, and expenditures or costs. The MOU will result in Clearwater ill result in Clearwater funding some of the shared items at a higher budgeted amount, but these costs funding some of the shared items at a higher budgeted amount, but these costs funding some of the shared items at a higher budgeted amount, but these costs will be more than offset by the reimbursements received from Dunedin for the will be more than offset by the reimbursements received from Dunedin for the will be more than offset by the reimbursements received from Dunedin for the shared items overall. If Dunedin's usage is proportional to Clearwater's, itis shared items overall. If Dunedin's usage is proportional to Clearwater's, itshared items overall. If Dunedin's usage is proportional to Clearwater's, it estimated that the Dunedin reimbursements for the shared items and the per estimated that the Dunedin reimbursements for the shared items and the per estimated that the Dunedin reimbursements for the shared items and the per member per month participant fee will produce approximately $50,100 net annual member per month participant fee will produce approximately $50,100 net annual member per month participant fee will produce approximately $50,100 net annual savings in the form of revenue for the City of Clearwater, while allowing for the savings in the form of revenue for the City of Clearwater, while allowing for the savings in the form of revenue for the City of Clearwater, while allowing for the expansion of thefacility's operating hours and an increase in facility staffing. expansion of the facility's operating hours and an increase in facility staffing.facility's operating hours and an increase in facility staffing. The MOU was approved by the Dunedin City Council at the meeting held on May The MOU was approved by the Dunedin City Council at the meeting held on May The MOU was approved by the Dunedin City Council at the meeting held on May 3, 2012. The anticipated implementation date for Dunedin's utilization of the 3, 2012. The anticipated implementation date for Dunedin's utilization of the 3, 2012. The anticipated implementation date for Dunedin's utilization of the facility is July 1, 2012. The partnership will result in the need for an amendment to facility is July 1, 2012. The partnership will result in the need for an amendment to facility is July 1, 2012. The partnership will result in the need for an amendment to Clearwater's clinic budget in the amount of approximately $31,000 for the current Clearwater's clinic budget in the amount of approximately $31,000 for the current Clearwater's clinic budget in the amount of approximately $31,000 for the current fiscal year to be funded from the Central Insurance Fund. However, the fiscal year to be funded from the Central Insurance Fund. However, the fiscal year to be funded from the Central Insurance Fund. However, the anticipated Dunedin reimbursements for the three month period are expected to anticipated Dunedin reimbursements for the three monanticipated Dunedin reimbursements for the three mon offset that amount and produce approximately $10,000 net savings to the City of offset that amount and produce approximately $10,000 net savings to the City of offset that amount and produce approximately $10,000 net savings to the City of Clearwater. Clearwater. Council2012-05-1712 Item # 4 Attachment number 1 \nPage 13 of 18 City of Clearwater Employee Health Center Proposed Addition of Dunedin Fiscal 2013 Estimated Fiscal 2013 Estimate Fiscal 2013 Estimate Estimated Incremental Revenues from Dunedin: Shared costs - $899,480 @ 17% $ 152,912 $ 152,912 $ 152,912 PMPM Fee 11,592 11,592 11,592 Incremental City Revenues 164,504 164,504 164,504 Estimated Incremental City Expenditures: Incremental staffing 105,000 105,000 105,000 Incremental other (office supplies, medical supplies) 9,400 Incremental other (office supplies, medical supplies) Incremental other (office supplies, medical supplies) 9,400 9,400 Incremental City Expenditures 114,400 114,400 114,400 Incremental City Expenditures Estimated Net Surplus to City for Fiscal 2013 $ 50,104 $$ Estimated Net Surplus to City for Fiscal 2013 50,104 One individual spoke in opposition. One individual spoke in opposition. Councilmember Jay Polglaze moved to approve the Memorandum of Understanding Jay Polglaze moved to approve the Memorandum of Understanding Jay Polglaze moved to approve the Memorandum of Understanding Councilmember between the City and City of Dunedin allowing for the use of the City of Clearwater between the City and City of Dunedin allowing for the use of the City of Clearwater between the City and City of Dunedin allowing for the use of the City of Clearwater Employee Health Center by employees, retirees, and their dependents under the City of Employee Health Center by employees, retirees, and their dependents under the City of Employee Health Center by employees, retirees, and their dependents under the City of Dunedin medical plan, in a cost-sharing arrangement that will allow for an increase in Dunedin medical plan, in a costDunedin medical plan, in a costsharing arrangement that will allow for an increase in sharing arrangement that will allow for an increase in -- facility staff and hours of operation while providing for savings of approximately $50,100 facility staff and hours of operation while providing for savings of approximately $50,100 facility staff and hours of operation while providing for savings of approximately $50,100 in the form of revenue to the City of Clearwater and authorize the appropriate officials to in the form of revenue to the City of Clearwater and authorize the appropriate officials to in the form of revenue to the City of Clearwater and authorize the appropriate officials to execute same.The motion was duly seconded and carried unanimously. execute same.execute same.The motion was duly seconded and carried unanimously.The motion was duly seconded and carried unanimously. 8.9 Award a Contract (purchase order) to Terra Renewal Services, Inc., of 8.9 Award a Contract (purchase order) to Terra Renewal Services, Inc., of Award a Contract (purchase order) to Terra Renewal Services, Inc., of Richardson, TX for sediment removal (alum floc) at Prospect Lake Park a Richardson, TX for sediment removal (alum floc) at Prospect Lake Park a Richardson, TX for sediment removal (alum floc) at Prospect Lake Park a Stormwater Facility known as Town Pond in the amountof $417,224.81 and Stormwater Facility known as Town Pond in the amountStormwater Facility known as Town Pond in the amount authorize the appropriate officials to execute same. (consent) authorize the appropriate officials to execute same. (consent)authorize the appropriate officials to execute same. (consent) Council approved design and permitting of Town Pond Modifications in March of Council approved design and permitting of Town Pond Modifications in March of Council approved design and permitting of Town Pond Modifications in March of 2011. Permitted modifications include the elimination of the alum feed system, 2011. Permitted modifications include the elimination of the alum feed system, 2011. Permitted modifications include the elimination of the alum feed system, removal of pond sediments and a southern expansion of the pond by 0.22 acres. removal of pond sediments and a southern expansion of the pond by 0.22 acres. removal of pond sediments and a southern expansion of the pond by 0.22 acres. This is the first of two contracts to be awarded, as the sediments need to be This is the first of two contracts to be awarded, as the sediments need to be This is the first of two contracts to be awarded, as the sediments need to be removed before the pond is expanded. The permitted modifications will provide removed before the pond is expanded. The permitted modifications will provide removed before the pond is expanded. The permitted modifications will provide required water quality benefits in lieu of the alum injection system.RFP17-12 was required water quality benefits in lieu of the alum injection system.RFP17required water quality benefits in lieu of the alum injection system.RFP17 issued on February 2, 2012, soliciting proposals for removal and disposal of the sediments. On April 6, a selection committee consisting of Engineering staff and Reiss Engineering short-listed two firms fromthe six submittals based upon Council2012-05-1713 Item # 4 Attachment number 1 \nPage 14 of 18 qualifications, technical approach, experience, cost and locality. On April 12, the two short-listed firms were interviewed and Terra Renewal was selected for the project. A midyear budget amendment will transfer $417,224.81from Capital Improvement from Capital Improvement Program (CIP) project 0315-96170, Coastal Basins Projects to CIP 0315-96125, 96170, Coastal Basins Projects to CIP 0315 96125, - 96170, Coastal Basins Projects to CIP 0315 Town Lake. In response to questions, Environmental Manager Ed Chesney said the alum pump-out In response to questions, Environmental Manager Ed Chesney said the alum In response to questions, Environmental Manager Ed Chesney said the alum out out pumppump -- system did not work and as a condition of the SWFWMD (Southwest Florida Water system did not work and as a condition of the SWFWMD (Soutsystem did not work and as a condition of the SWFWMD (Southwest Florida Water hwest Florida Water Management District) permit, the City must remove the alum floc that collected at the Management District) permit, the City must remove the alum floc that collected at the Management District) permit, the City must remove the alum floc that collected at the bottom of the lake before enlarging the lake. The alum floc will be vacuumed and bottom of the lake before enlarging the lake. The alum floc will be vacuumed and bottom of the lake before enlarging the lake. The alum floc will be vacuumed and pumped to the surface into a geo-tube. The pond water will drain back into the lake and tube. The pond water will drain back into the lake and tube. The pond water will drain back into the lake and the sediment collected in the geo-tube will dry out and be hauled off. Mr. Chesney said tube will dry out and be hauled off. Mr. Chesney said tube will dry out and be hauled off. Mr. Chesney said the enlargement will add a littoral shelf, which will naturally treat the stormwater before it the enlargement will add a littoral shelf, which will naturally treat the stormwater before it the enlargement will add a littoral shelf, which will naturally treat the stormwater before it leaves the system. If approved, the project will begin June/July and be completed by leaves the system. If approved, the project will begin June/July and be completed by leaves the system. If approved, the project will begin June/July and be completed by December. One individual questioned if the Environmental Advisory Board provided feedback on provided feedback on provided feedback on One individual questioned if the Environmental Advisory Board One individual questioned if the Environmental Advisory Board the project. Discussion ensued regarding seeking feedback from advisory boards regarding items Discussion ensued regarding seeking feedback from advisory boards regarding items Discussion ensued regarding seeking feedback from advisory boards regarding items being considered by council. Staff was directed toinvite advisory boardchairsto being considered by council. Staff was directed tobeing considered by council. Staff was directed toinvite invite advisory boardadvisory boardchair to s chair council meetings to provide feedback on agenda items that require action prior to the council meetings to provide feedback on council meetings to provide feedback on agenda items agenda items that require action prior to the that require action prior to the board meeting. board meeting. board meeting. One individual suggested council convene a Taxpayers Economic Advisory Board. One individual suggested council convene a Taxpayers Economic Advisory Board.One individual suggested council convene a Taxpayers Economic Advisory Board. Vice Mayor Paul Gibson moved to award a Contract (purchase order) to Terra Renewal Vice Mayor Paul Gibson moved to award a Contract (purchase order) to Terra Renewal Vice Mayor Paul Gibson moved to award a Contract (purchase order) to Terra Renewal Services, Inc., of Richardson, TX for sediment removal (alum floc) at Prospect Lake Services, Inc., of Richardson, TX for sediment removal (alum floc) at Prospect Lake Services, Inc., of Richardson, TX for sediment removal (alum floc) at Prospect Lake Park a Stormwater Facilityknown as Town Pond in the amount of $417,224.81 and known as Town Pond in the amount of $417,224.81 and known as Town Pond in the amount of $417,224.81 and Park a Stormwater FacilityPark a Stormwater Facility authorize the appropriate officials to execute same. The motion was duly seconded and authorize the appropriate officials to execute same. The motion was duly seconded and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. carried unanimously.carried unanimously. The Council recessed from 8:26p.m. to 8:35 p.m. The Council recessed from The Council recessed from 8:8: 26p.m. to 8:35 p.m. 9. Other Items on City Manager Reports Other Items on City Manager ReportsOther Items on City Manager Reports 9.1 Approve the rescinding of Ordinance 7650-06, which vacated a utility easement Approve the rescinding of Ordinance 7650Approve the rescinding of Ordinance 7650 and alley in the 1900 block of Edgewater Drive, more particularly described ey in the 1900 block of Edgewater Drive, more particularly described ey in the 1900 block of Edgewater Drive, more particularly described and alland all therein; and pass Ordinance 8328-12 on first reading. Council2012-05-1714 Item # 4 Attachment number 1 \nPage 15 of 18 City Council passed and adopted Ordinance 7650-06 on July 20, 2006, vacating a utility easement and alley in the 1900 block of Edgewater Drive. The ordinance was adopted subject to certain conditions that were never satisfied and the allotted time for the satisfaction of these conditions has expired. The ordinance expressly states that if conditions are not met within the allotted time, "this time, "this ordinance will thereafter be null and void in all respects as though never adopted." ordinance will thereafter be null and void in all respects as though never adopted." ordinance will thereafter be null and void in all respects as though never adopted." In the interest of leaving a clear chain of title to real property, staff recommends In the interest of leaving a clear chain of title to real property, staff recommends In the interest of leaving a clear chain of title to real property, staff recommends approval of a corrective ordinance. Ordinance 8328-12 will rescind Ordinance 12 will rescind Ordin12 will rescind Ordin ance ance 7650-06 leaving no uncertainty that the vacation of the alley and utility easement 06 leaving no uncertainty that the vacation of the alley and utility easement 06 leaving no uncertainty that the vacation of the alley and utility easement described therein it is null and void. Councilmember Doreen Hock-DiPolito moved to approve the rescinding of Ordinance DiPolito moved to approve the rescinding of Ordinance DiPolito moved to approve the rescinding of Ordinance 7650-06, which vacated a utility easement and alley in the 1900 block of Edgewater 06, which vacated a utility easement and alley in the 1900 block of Edgewater 06, which vacated a utility easement and alley in the 1900 block of Edgewater Drive, more particularly described therein. The motion was duly seconded and carried Drive, more particularly described therein. The motion was duly seconded and carried Drive, more particularly described therein. The motion was duly seconded and carried unanimously. Ordinance 8328-12 was presented and read by title only. Councilmember Jay Polglaze 12 was presented and read by title only. Councilmember Jay Polglaze 12 was presented and read by title only. Councilmember Jay Polglaze moved to pass Ordinance 8328-12 on first reading. The motion was duly seconded and moved to pass Ordinance 832812 on first reading. The motion was duly seconded and first reading. The motion was duly seconded and - upon roll call, the vote was: upon roll call, the vote was: "Ayes":Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember Doreen HockDiPolito, Councilmember Bill Jonson, and Councilmember DiPolito, Councilmember Bill Jonson, and Councilmember -- Doreen Hock Jay E. Polglaze. Jay E. Polglaze.Jay E. Polglaze. "Nays":None. "Nays""Nays"None.None. :: 9.2 Increase the residential and commercial Stormwater Utility rate to $13.40 per Increase the residential and commercial Stormwater Utility rate to $13.40 per Increase the residential and commercial Stormwater Utility rate to $13.40 per 9.2 Equivalent Residential Unit (ERU) beginning October 1, 2012; to $13.77 per Equivalent Residential Unit (ERU) beginning October 1, 2012; to $13.77 per Equivalent Residential Unit (ERU) beginning October 1, 2012; to $13.77 per ERU beginning October 1, 2013; to $14.15 per ERU beginning October 1, 2014; ERU beginning October 1, 2013; to $14.15 per ERU beginning October 1, 2014; ERU beginning October 1, 2013; to $14.15 per ERU beginning October 1, 2014; to $14.54 per ERU beginning October 1, 2015; to $14.94 per ERU beginning to $14.54 per ERU beginning October 1, 2015; to $14.94 per ERU beginning to $14.54 per ERU beginning October 1, 2015; to $14.94 per ERU beginning October 1, 2016 and Pass Ordinance 8330-12 on first reading. October 1, 2016 and Pass OrdinanOctober 1, 2016 and Pass Ordinan Burton and Associates' (BA) 2008 revenue sufficiency and financial forecast Burton and Associates' (BA) 2008 revenue sufficiency and financial forecast Burton and Associates' (BA) 2008 revenue sufficiency and financial forecast analysis showed that an increase of 4.25% was needed for fiscal year 2013 analysis showed that an increase of 4.25% was needed for fiscal year 2013 analysis showed that an increase of 4.25% was needed for fiscal year 2013 ($13.59). Due to project management and operating savings, the 2012 B and A ($13.59). Due to project management and operating savings, the 2012 B an($13.59). Due to project management and operating savings, the 2012 B an revenue sufficiency analysis shows that the need for Fiscal Year (FY) 2013 can revenue sufficiency analysis shows that the need for Fiscal Year (FY) 2013 can revenue sufficiency analysis shows that the need for Fiscal Year (FY) 2013 can be reduced to $13.40, a 2.75% increase instead of the 4.25% approved in 2008, be reduced to $13.40, a 2.75% increase instead of the 4.25% approved in 2008, be reduced to $13.40, a 2.75% increase instead of the 4.25% approved in 2008, with additional 2.75% increases needed for FY2014 ($13.77), FY2015 ($14.15), FY2016 ($14.54) and FY2017 ($14.94). Without reliable information regarding the effects of the proposed regulations on Numerical Nutrient Criteria (NNC) the Council2012-05-1715 Item # 4 Attachment number 1 \nPage 16 of 18 current rate study does not project the need for any revenue bond issuances in the foreseeable future. The effect on the Utility's rates and borrowing needs will be revisited with a follow-up rate study in the spring of 2013.Since the 2008 rate increases were passed, several significant flood control and water quality projects have been completed or are underway, including: Beach Walk, Alligator Creek have been completed or are underway, including: Beach Walk, Alligator Creek Wetlands Creation, Alligator Creek Channel G, Alligator Creek Channel F, Lake Wetlands Creation, Alligator Creek Channel G, Alligator Creek Channel F, Lake Wetlands Creation, Alligator Creek Channel G, Alligator Creek Channel F, Lake Bellevue, Tropic Hills Phase I and Tropic Hills Phase II. Individual projects will be presented to the Council for development approval. Individual projects will be presented to the Council for development approval.Individual projects will be presented to the Council for development approval. Vice Mayor Paul Gibson moved to increase the residential and commercial Stormwater ayor Paul Gibson moved to increase the residential and commercial Stormwater ayor Paul Gibson moved to increase the residential and commercial Stormwater Utility rate to $13.40 per Equivalent Residential Unit (ERU) beginning October 1, 2012; Utility rate to $13.40 per Equivalent Residential Unit (ERU) beginning October 1, 2012; Utility rate to $13.40 per Equivalent Residential Unit (ERU) beginning October 1, 2012; to $13.77 per ERU beginning October 1, 2013; to $14.15 per ERU beginning October 1, to $13.77 per ERU beginning October 1, 2013; to $14.15 per ERU beginning October 1, to $13.77 per ERU beginning October 1, 2013; to $14.15 per ERU beginning October 1, 2014; to $14.54 per ERU beginning October 1, 2015; to $14.94 per ERU beginning 2014; to $14.54 per ERU beginning October 1, 2015; to $14.94 per ERU beginning 2014; to $14.54 per ERU beginning October 1, 2015; to $14.94 per ERU beginning October 1, 2016. The motion was duly seconded and carried unanimously. . The motion was duly seconded and carried unanimously.. The motion was duly seconded and carried unanimously. One individual spoke in opposition. One individual spoke in opposition. Ordinance 8330-12 was presented and read by title only. Councilmember Bill Jonson 12 was presented and read by title only. Councilmember Bill Jonson 12 was presented and read by title only. Councilmember Bill Jonson moved to pass Ordinance 8330-12 on first reading. The motion was duly seconded and moved to pass Ordinance 833012 on first reading. The motion was duly seconded and 12 on first reading. The motion was duly seconded and - upon roll call, the vote was: upon roll call, the vote was: "Ayes":Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember DiPolito, Councilmember Bill Jonson, and DiPolito, Councilmember Bill Jonson, and Doreen HockDoreen HockCouncilmember Councilmember -- Jay E. Polglaze. Jay E. Polglaze.Jay E. Polglaze. "Nays":None. "Nays""Nays"None.None. : 9.3 Approve the creation of a Domestic Partner Registry to be administrated by the 9.3 Approve the creation of a Domestic Approve the creation of a Domestic Partner Registry to be administrated by the Partner Registry to be administrated by the City Clerk and pass Ordinance 8329-12 on first reading. City Clerk and pass Ordinance 8329City Clerk and pass Ordinance 832912 on first reading.12 on first reading. -- A number of Clearwater residents establish and maintain important personal, A number of Clearwater residents establish and maintain important personal, A number of Clearwater residents establish and maintain important personal, emotional, and economic relationships with persons to whom they are not married emotional, and economic relationships with persons to whom they are not emotional, and economic relationships with persons to whom they are not under Florida law. Individuals forming such domestic partnerships often live in a under Florida law. Individuals forming such domestic partnerships often live in a under Florida law. Individuals forming such domestic partnerships often live in a committed family relationship. Domestic partners and their dependants may be committed family relationship. Domestic partners and their dependants may be committed family relationship. Domestic partners and their dependants may be denied certain rights for lack of a system that establishes recognition of such denied certain rights for lack of a system that establishes recognition of such denied certain rights for lack of a system that establishes recognition of such partnerships. The 2010 census indicates that 5.9% of American households partnershpartnerships. The 2010 census indicates that 5.9% of American households ips. The 2010 census indicates that 5.9% of American households identified themselves as living in unmarried partner households, which is an identified themselves as living in unmarried partner households, which is an identified themselves as living in unmarried partner households, which is an increase over the 5.2% of such households identified in the 2000 census. The increase over the 5.2% of such households identified in the 2000 census. The increase over the 5.2% of such households identified in the 2000 census. The 2010 Census data indicates that in Clearwater approximately 7.5% of households are unmarried partner households, which is a significant increase over the 6.2% of such households identified in the 2000 census. Council2012-05-1716 Item # 4 Attachment number 1 \nPage 17 of 18 It is believed that the existence of a Domestic Partnership Registry is attractive to companies that value diversity and can assist the City of Clearwater in its economic development by attracting companies to locate and make capital investments in the City, and will promote the City's reputation as a growing, investments in the City, and will promote the City's reputation as a growing, vibrant and diverse community. The rules developed to implement the provisions of this ordinance shall be The rules developed to implement the provisions of this ordinance shall be The rules developed to implement the provisions of this ordinance shall be construed to accomplish the policies and purposes of the ordinance. However, construed to accomplish the policies and purposes of the ordinance. However, construed to accomplish the policies and purposes of the ordinance. However, this ordinance shall not be construed to supersede any federal, state, or other city this ordinance shall not be construed to supersede any federal, state, or other city this ordinance shall not be construed to supersede any federal, state, or other city laws or regulations, nor shall this ordinance be interpreted in a manner as to bring laws or regulations, nor shall this ordinance be interpreted in a manner as to bring laws or regulations, nor shall this ordinance be interpreted in a manner as to bring it into conflict with federal, state, or other city laws. Nothing in this ordinance shall it into conflict with federal, state, or other city laws. Nothing in this ordinance shall it into conflict with federal, state, or other city laws. Nothing in this ordinance shall be construed as recognizing or treating a domestic partnership as a marriage. be construed as recognizing or treating a domestic partnership as a marriage.be construed as recognizing or treating a domestic partnership as a marriage. Councilmember Doreen Hock-DiPolito moved to approve the creation of a Domestic DiPolito moved to approve the creation of a Domestic DiPolito moved to approve the creation of a Domestic Partner Registry to be administrated by the City Clerk. The motion was duly seconded Partner Registry to be administrated by the City Clerk. The motion was duly seconded Partner Registry to be administrated by the City Clerk. The motion was duly seconded and carried unanimously. Two individuals spoke in opposition. Two individuals spoke in opposition . In response to aquestion, the City Attorney said the pre-need guardian designation question, the City Attorney said the prequestion, the City Attorney said the pre In response to need guardian designation need guardian designation a -- allows registered individuals to be designated as the person who has the right to be the allows registered individuals to be designated as the person who has the right to be the allows registered individuals to be designated as the person who has the right to be the guardian. The individual would have the right to take care of their affairs and make guardian. The individual would have the right to take care of their affairs and make . The individual would have the right to take care of their affairs and make guardian certain decisions. certain decisionscertain decisions .. Ordinance 8329-12was presented and read by title only. Councilmember Bill Jonson Ordinance 8329Ordinance 83291212was presented and read by title only. Councilmember Bill Jonson was presented and read by title only. Councilmember Bill Jonson - moved to pass Ordinance 8329-12 on first reading. The motion was duly seconded and moved to pass Ordinance 8329moved to pass Ordinance 8329 12 on first reading. The motion was duly seconded and 12 on first reading. The motion was duly seconded and - upon roll call, the vote was: upon roll call, the vote was:upon roll call, the vote was: "Ayes":Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember "Ayes"Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember : "Ayes" Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember Doreen Hockeen HockDiPolito, Councilmember Bill Jonson, and Councilmember DiPolito, Councilmember Bill Jonson, and Councilmember -- Jay E. Polglaze. Jay E. Polglaze.Jay E. Polglaze. "Nays":None. None. "Nays""Nays" :: Miscellaneous Reports and Items Miscellaneous Reports and ItemsMiscellaneous Reports and Items 10. Closing Comments by Mayor Closing Comments by MayorClosing Comments by Mayor Mayor George N. Cretekos reviewed recent and upcoming events. Council2012-05-1717 Item # 4 Attachment number 1 \nPage 18 of 18 11. Adjourn The meeting was adjourned at 8:59p.m. Mayor Attest City of Clearwater City Clerk Council2012-05-1718 Item # 4 Meeting Date: 6/7/2012 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance 8319-12 on second reading, annexing certain real property whose post office address is 2172 Burnice Drive, together with the abutting right-of-way of Burnice Drive and together with the additional right-of-way abutting 2160 and 2166 Burnice Drive, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. SUMMARY: Review Approval: Cover Memo Item # 5 Attachment number 1 \nPage 1 of 2 Item # 5 Attachment number 1 \nPage 2 of 2 Item # 5 Attachment number 2 \nPage 1 of 1 [;m 5;-©z¦·z E© t©¦;©·ä -·;7 m;;©ä · u t©-; Lu5u bu u E;;· · ·w; {;-·z z;s ·w;- E;;· · ·w; tz· E .;mzzmr ·m;·w;© Þz·w ·w; ,Ò··zm ©zmw·EÞä E .Ò©z-; 5©zÝ; 7 ·m;·w;© Þz·w ·w; 77z·z ©zmw·EÞä E .Ò©z-; 5©zÝ; ,Ò··zm 7 Item # 5 Attachment number 3 \nPage 1 of 1 Item # 5 Meeting Date: 6/7/2012 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance 8320-12 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 2172 Burnice Drive, together with the abutting right- of-way of Burnice Drive and together with the additional right-of-way abutting 2160 and 2166 Burnice Drive, upon annexation into the City of Clearwater, as Residential Low (RL). SUMMARY: Review Approval: Cover Memo Item # 6 Attachment number 1 \nPage 1 of 1 Item # 6 Attachment number 2 \nPage 1 of 1 [;m 5;-©z¦·z E© t©¦;©·ä -·;7 m;;©ä · u t©-; Lu5u bu u E;;· · ·w; {;-·z z;s ·w;- E;;· · ·w; tz· E .;mzzmr ·m;·w;© Þz·w ·w; ,Ò··zm ©zmw·EÞä E .Ò©z-; 5©zÝ; 7 ·m;·w;© Þz·w ·w; 77z·z ©zmw·EÞä E .Ò©z-; 5©zÝ; ,Ò··zm 7 Item # 6 Attachment number 3 \nPage 1 of 1 Item # 6 Meeting Date: 6/7/2012 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance 8321-12 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 2172 Burnice Drive, together with the abutting right-of-way of Burnice Drive and together with the additional right-of-way abutting 2160 and 2166 Burnice Drive, upon annexation into the City of Clearwater as Low Medium Density Residential (LMDR). SUMMARY: Review Approval: Cover Memo Item # 7 Attachment number 1 \nPage 1 of 2 Item # 7 Attachment number 1 \nPage 2 of 2 Item # 7 Attachment number 2 \nPage 1 of 1 [;m 5;-©z¦·z E© t©¦;©·ä -·;7 m;;©ä · u t©-; Lu5u bu u E;;· · ·w; {;-·z z;s ·w;- E;;· · ·w; tz· E .;mzzmr ·m;·w;© Þz·w ·w; ,Ò··zm ©zmw·EÞä E .Ò©z-; 5©zÝ; 7 ·m;·w;© Þz·w ·w; 77z·z ©zmw·EÞä E .Ò©z-; 5©zÝ; ,Ò··zm 7 Item # 7 Attachment number 3 \nPage 1 of 1 Item # 7 Meeting Date: 6/7/2012 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance 8325-12 on second reading, annexing certain real property whose post office address is 3113 San Mateo Street, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. SUMMARY: Review Approval: Cover Memo Item # 8 Attachment number 1 \nPage 1 of 2 Item # 8 Attachment number 1 \nPage 2 of 2 Item # 8 Attachment number 2 \nPage 1 of 1 Item # 8 Meeting Date: 6/7/2012 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance 8326-12 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 3113 San Mateo Street, upon annexation into the City of Clearwater, as Residential Urban (RU). SUMMARY: Review Approval: Cover Memo Item # 9 Attachment number 1 \nPage 1 of 1 Item # 9 Attachment number 2 \nPage 1 of 1 CG 808 CG RL RU RL 708 RL RU 707 RL 701 608 607 RU RL RU RL RU RL RU R/OS RL 501 R/OS 421 409 ante FUTURE LAND USE MAP Owner: Cheveresan, Nick & Octavia Case: ANX2012-02002 Property Site: 3113 San Mateo Street 0.166 acres Size (Acres): Land Use Zoning PIN: 09-29-16-20808-000-0140 From : RU R-3 RU LMDR To: Atlas Page: 283A Item # 9 C:\Documents and Settings\ellen.ayo\Local Settings\Temporary Internet Files\Content.Outlook\S29TIX6V\ANX2012-02002 Future Land Use Map.doc Meeting Date: 6/7/2012 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance 8327-12 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 3113 San Mateo Street, upon annexation into the City of Clearwater as Low Medium Density Residential (LMDR). SUMMARY: Review Approval: Cover Memo Item # 10 Attachment number 1 \nPage 1 of 2 Item # 10 Attachment number 1 \nPage 2 of 2 Item # 10 Attachment number 2 \nPage 1 of 1 Item # 10 Meeting Date: 6/7/2012 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance 8329-12 on second reading, adopting the City of Clearwater Code of Ordinances Chapter 13, Domestic Partner Registry, creating Sections 13/1 through 13/7, providing for repeal of all ordinances in conflict, providing for severability. SUMMARY: Review Approval: Cover Memo Item # 11 Attachment number 1 \nPage 1 of 7 Item # 11 Attachment number 1 \nPage 2 of 7 Item # 11 Attachment number 1 \nPage 3 of 7 Item # 11 Attachment number 1 \nPage 4 of 7 Item # 11 Attachment number 1 \nPage 5 of 7 Item # 11 Attachment number 1 \nPage 6 of 7 Item # 11 Attachment number 1 \nPage 7 of 7 Item # 11 Meeting Date: 6/7/2012 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance 8330-12 on second reading, amending the Stormwater Utility Rates for fiscal years 2012 through 2016. SUMMARY: Review Approval: Cover Memo Item # 12 Attachment number 1 \nPage 1 of 2 Item # 12 Attachment number 1 \nPage 2 of 2 Item # 12 Meeting Date: 6/7/2012 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the first amendment to the Management Agreement between the City of Clearwater and the Clearwater Regional Chamber of Commerce, Inc. to extend the Agreement for a one (1) year period, modify the notice provision, and clarify the indemnification provision; and authorize funding in the amount of $50,000 in Fiscal Year 2012-2013 for the operation of the Beach Visitor Information Center (BVIC), and authorize the appropriate officials to execute same. (consent) SUMMARY: The BVIC, built in 2002, is located adjacent to the Pier 60 playground on Clearwater Beach just west of the Clearwater Beach Municipal Marina. The center is a 15 x 20 air-conditioned concrete block structure of tropical seascape design compatible with existing beach buildings. The Economic Development and Housing Department is the owner of the building. The Citys Building and Maintenance Division maintains the structural integrity of the building. The City released a Request for Proposals (RFP) for management services in March 2002, with the Clearwater Regional Chamber of Commerce (Chamber) being the sole respondent. A five-year agreement was signed in July 2002 and expired in July 2007. A two- month extension was approved in June 2007 to allow the next term of the agreement on the Citys fiscal timeline. In July 2007, another RFP was released for management services and the Clearwater Regional Chamber of Commerce was, again, the sole responder. A five-year management agreement was signed in October 2007 and is set to expire in October 2012. The main purpose of the BVIC is to provide quality service and information to the visitors to Clearwater. The BVIC maintains open communication with the Pinellas County Convention and Visitors Bureau providing essential information as to the condition of traffic, parking, weather, red tide, events, activities and other information deemed appropriate. The BVIC facility is open 7 days a week, has a full time manager, and is staffed during key operating hours with the appropriate number of employees to serve the needs of the public. The BVIC maintains a guest book where visitors are asked to provide such information as the visitors origin (state/country), if its a first visit, if they flew or drove, length of stay, where they are staying, and if they already had reservations. The Center also provides a computer for visitors to check e-mails and other internet usage. Over the past ten years, over 462,980 visitors have been served. Comment cards are made available for the visitors to provide the City with information on their overall stay, things they liked or disliked and additional services the City might provide. Staff addresses visitor complaints and acts as a liaison to local businesses. Staff recommends exercising a one-year extension to the Management Agreement as the Chamber has managed the BVIC according to the management agreement and City expectations. While staff was originally contemplating preparing and releasing a new RFP, discussions with the Regional and Beach Chambers revealed that the Chambers would discuss options for potential collaboration in the following year. The budget for the one-year extension is $50,000 (revised budget is an addendum to Exhibit B). The budget anticipates a lower advertising, merchandise and tickets sales, however, any losses will be covered by the Chamber and any surpluses will be returned to the City. The funding for this one-year extension will be included in the City Managers proposed 2012/13 annual operating budget. In summary, the first amendment to the management agreement extends the Agreement for one (1) additional one (1) year period (Extended Term), modifies the notice provision and clarifies the indemnification provision. In addition, to be consistent with city standards, the City will grant a revocable license to the Chamber to enter upon and occupy the Beach Visitor Information Center. Type: Other Cover Memo Current Year Budget?:Budget Adjustment: NoNone Item # 13 Budget Adjustment Comments: Current Year Cost:Annual Operating Cost: Not to Exceed:Total Cost: $50,000 For Fiscal Year: 2012 to 2013 Appropriation CodeAmountAppropriation Comment 0010-09216-530300-552-000-$50,000 0000 Review Approval: Cover Memo Item # 13 Attachment number 1 \nPage 1 of 1 Item # 13 Attachment number 3 \nPage 1 of 2 FIRST AMENDMENT TO MANAGEMENT AGREEMENT THIS FIRST AMENDMENT to that certain Management Agreement dated September 12, 2007 ______________________, 2012, by and between the CITY OF CLEARWATER, a municipal corporation of the State of Florida, whose address is P.O. Box 4748, Clearwater, FL 33758-Clearwater Regional Chamber of Commerce, Inc., 401 Cleveland Street, Clearwater, FL 33755, hereinafter referred to as WHEREAS, City and Agency desire to extend the Agreement for one (1) , modify the notice provision and clarify the indemnification provision; and NOW, THEREFORE, the parties agree as follows: 1. Terms and Consideration. In accordance with paragraph 1, the Term of the Agreement is hereby extended for one (1) year beginning October 1, 2012 and ending September 30, 2013. Further, the following shall be added to the end of That the City does hereby grant a revocable license (the to the Agency to enter upon and occupy the Beach Visitor Information Center, 1 Causeway Blvd., Clearwater Beach, Florida B. Such property shall her This License is not coupled with an interest and thereby does not create any property interest in the Licensee. 2. Liability and Indemnification. The following sentence shall be added to the This indemnification provision shall survive expiration or termination of this Agree 3. Notice to President, Clearwater Regional Chamber of Commerce, 401 Cleveland Street, Clearwater, Florida 33755. All other terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF , the parties have executed this Amendment the day and year first above written. Countersigned: CITY OF CLEARWATER, FLORIDA _____________________________ By: ____________________________ George N. Cretekos William B. Horne, II Mayor City Manager Item # 13 Attachment number 3 \nPage 2 of 2 Approved as to form: Attest: _____________________________ ________________________________ Laura Mahony Rosemarie Call Assistant City Attorney City Clerk Clearwater Regional Chamber of Commerce, Inc. By: _________________________ Bob Clifford CEO/President Item # 13 Meeting Date: 6/7/2012 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve a loan up to $800,000 to Prospect Towers of Clearwater, Inc. to renovate an existing rental housing apartment complex for seniors located at 801 Chestnut Street, Clearwater; enter into a land use restriction agreement, mortgage and note with loan terms as follows: a 30-year loan with a five-year defined repayment at $6,000 payable for year one and $12,000 payable for years two through five and an amortized 25-year loan on the remaining balance at one percent interest rate per annum, and authorize the appropriate officials to execute same. (consent) SUMMARY: On April 4, 2012, Prospect Towers of Clearwater, Inc. submitted an application for funding to renovate Prospect Towers. The renovations will include replacing the water tanks, air handlers, pipe insulation, modernize the elevators, and other eligible improvements. The total project is estimated to cost $800,000, including loan closing costs. Located at 801 Chestnut Street, Prospect Towers of Clearwater, Inc. (Prospect Towers) has been incorporated since 1969 with building completion in 1971. Prospect Towers is governed by a Board of Directors comprised of 11 local individuals who are responsible for management and administration, with day-to-day rental and building management being handled under contract by Presidio Realty, which employs on-site administrative, rental and maintenance personnel. Prospect Towers is a 208-unit apartment building that is comprised of 96 efficiency units and 112 one-bedroom units. The property includes a seventeen-story building and parking lot. The features include utilities (Electric, Gas, Water and Sewer) in the rent, 24/7 on-site Desk Clerks, Emergency Call Buttons, Community Library, and an on-site Wellness Center. According to the Pinellas County Tax Assessors Office, the property has a 2011 Market Value of $8,148,236.00. The unit rents vary from $432 for the efficiency units to $649 for the one-bedroom units. The existing rents are lower than the fair market rents at $690 for an efficiency unit and $766 for a one-bedroom unit. The rents are also lower than the high HOME rents at $656 for an efficiency unit and $704 for a one-bedroom unit. Therefore, the project would meet the existing HOME Program guidelines. Prospect Towers was originally funded through HUDs Section 231 Mortgage Insurance Rental Housing for the Elderly Program, which required the project to remain an affordable housing development. The Section 231 Program was designed to increase the supply of rental housing specifically for the use and occupancy of elderly persons and/or persons with disabilities. Prospect Towers residents must be at least 62 years of age or have a disability and the capability to care for the apartment in which they reside. Recently, Prospect Towers repaid the loan to HUD, which no longer obligates Prospect Towers to remain affordable. By approving this 30-year loan with a five-year defined repayment at $6,000 payable for year one and $12,000 payable for years two through five and an amortized 25-year loan on the remaining balance at one percent interest rate per annum, the City will ensure that the housing units remain affordable over the next thirty years. The City will require Prospect Towers to enter into a land use restrictive agreement for a 30-year affordability period on the HOME-assisted units (total of 20 units). As with the original obligation, Prospect Towers has indicated their intent is to keep not only the HOME-assisted units affordable, but all units affordable. The Articles of Incorporation state in Article Third the purposes of the corporation including "to provide for elderly families and elderly persons on a non-profit below cost basis rental housing....". Similar language is found in the Bylaws, Article II, Section 1(a). The City of Clearwater will base affordability upon rents being at or below the Fair Market Rent level, as adjusted annually by HUD and will monitor the loan on a yearly basis. Funding for the loan will come from HOME Investment Partnership Program and Pinellas County Local Housing Trust Fund dollars with closing anticipated in June/July 2012. Cover Memo The Prospect Towers Board of Directors unanimously approved the term sheet at their meeting on May 22, 2012. Item # 14 Type: Other Current Year Budget?:Budget Adjustment: YesNone Budget Adjustment Comments: Current Year Cost:Annual Operating Cost: $800,000 Not to Exceed:Total Cost: For Fiscal Year: to Appropriation CodeAmountAppropriation Comment 0683-00000-128165-000-0000600,000 0193-00000-128165-000-0000146,000 0685-00000-128165-000-000054,000 Review Approval: Cover Memo Item # 14 Attachment number 2 \nPage 1 of 2 Item # 14 Attachment number 2 \nPage 2 of 2 Item # 14 Meeting Date: 6/7/2012 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Ratify and confirm the City Managers approval to issue a Purchase Order to Keystone Excavators, Inc., of Oldsmar, FL, for $142,750 for the soil and delivery of the soil needed for the construction of the North Greenwood Athletic Fields located at the Jack Russell Stadium parking lot. (consent) SUMMARY: On April 5, 2012, the Council approved a new Capital Improvement Project entitled North Greenwood Athletic Fields (CIP 315- 93629) for $300,000; to be funded from Community Development Block Grant (CDBG), and amend the project budget to recognize a $25,000 donation from Clearwater For Youth (CFY), as well as any additional funds available from CDBG, when either a written agreement is provided or when the funds are received. Additional funds of $70,000 were secured from CDBG to complete construction of the field and $25,000 from CFY is pending. In order to meet the deadlines imposed by this project and the requirements associated with the CDBG funding to have the project completed no later than June 30, 2012 it became necessary to issue a purchase order to Keystone Excavators, Inc. for the soil needed for the project. By the time this item reached Council, it would be too late to complete the project. Staff is recommending that the Council ratify and confirm this decision. Type: Capital expenditure Current Year Budget?:Budget Adjustment: YesNo Budget Adjustment Comments: Current Year Cost:Annual Operating Cost: $142,750 Not to Exceed:Total Cost: $142,750$142,750 For Fiscal Year: 2011 to 2012 Appropriation CodeAmountAppropriation Comment 315-93629$142,750 Bid Required?:Bid Number: Yes25-12 Other Bid / Contract:Bid Exceptions: None Review Approval: Cover Memo Item # 15 Meeting Date: 6/7/2012 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the First Amended and Restated Memorandum of Understanding between the City of Clearwater, a municipal corporation of the State of Florida, and Ruth Eckerd Hall, Inc., a Florida Not-for-Profit corporation, delineating the responsibilities of the parties with respect to the purchase, rehabilitation, operation, and maintenance of the Capitol Theater and Lokey Building (403 and 401 Cleveland street) and if acquired, the building at 409 Cleveland Street; and authorize the appropriate officials to execute same. (consent) SUMMARY: In 2006, Ruth Eckerd Hall requested an appropriation in Penny for Pinellas III (Penny III) for a $4 million- improvement to the Education Center at the Marcia Hoffman Institute at Ruth Eckerd Hall. It was approved by voters as part of the Penny III referendum. Subsequently, in 2008 the City of Clearwater and Ruth Eckerd Hall, Inc., entered into a Memorandum of Understanding (MOU) concerning the acquisition, renovation, operation, maintenance and temporary utilization of the properties known as the Capital Theatre and the Lokey Building (403 and 401 Cleveland Street). It was anticipated that the subject properties would be incorporated into an expanded and renovated Capital Theatre to be owned by the City and operated by Ruth Eckerd Hall, Inc. Due largely to the economic crisis which beset the nation later in 2008, followed by a transition in leadership at Ruth Eckerd Hall, the opportunity to move forward with a contemplated fund raising campaign by Ruth Eckerd Hall was interrupted and the purposes of the MOU and the Penny III project were largely unrealized. Ownership of the 403 and 401 properties were transferred to the City and the theatre is being operated on a temporary basis by Ruth Eckerd Hall. Other provisions of the MOU have remained dormant. Under the leadership of a new President /CEO of Ruth Eckerd Hall, a new capital and renovation strategy has been developed involving both the Capital Theatre and Ruth Eckerd Hall per se. Ruth Eckerd Hall wish to move forward during the next several years with renovation of both facilities under a redesigned and expanded concept. This led to a renegotiation of both the MOU and the relative participation of the parties in the Capital Theatre project and the Penny III appropriation, in order to efficiently and effectively facilitate successful completion of the two facility renovations and capital funding. The results of those negotiations are reflected in the attached amended and restated MOU. Key provisions of the new agreement are: In order to increase the effectiveness and operability of the Capital Theatre, Ruth Eckerd Hall will attempt to acquire the property located at 409 Cleveland Street, and subsequently transfer the property to the City for Fair Market Value (FMV) , as established by the median point of two independent appraisals; The City will re-designate the $4 million Penny III appropriation from Education Center use to Ruth Eckerd and Capital Theatre renovation, to allow the Capital Theatre construction to be fully funded and proceed without Cover Memo further delay. Ruth Eckerd Hall, in exchange, agrees to assume responsibility for funding the entire Ruth Eckerd Item # 16 Hall and Education Center improvements contemplated through their capital campaign. The City will advance the $4 million for Capital Theatre from reserve funds and will later reimburse the reserve fund from the re-classified Penny III funds, when they become available. Prior to commencement of operation of the Capital Theatre, Ruth Eckerd hall agrees to establish a $2 million operation and maintenance endowment fund for the Capital Theatre, and to add 100,000 annually for 10 years. From a City financial contribution standpoint, the difference between the total cost commitment of the City under the current and proposed MOU are summarized below. The Proposed total will be increased by the amount of the purchase price for 409 Cleveland Street. Summary- Proposed-City Construction $7.3 million Original Property Acquisition $2.4 million TOTAL $9.7 million +/- Summary- Current-City Original Property Acquisition $2.4 million Education Center-Penny $4.0 million Construction $3.8 million TOTAL $10.2 million Review Approval: Cover Memo Item # 16 Meeting Date: 6/7/2012 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve a contingency contract with Motley Rice, LLC., for representation for claims arising out of the April 20, 2010 Deepwater Horizon Spill and its aftermath and authorize the appropriate officials to execute same. (consent) SUMMARY: The City of Clearwater may have some lost revenue attributable to the Deepwater Horizon oil spill of April 20, 2010. Specifically, reduced marine gas sold and reduced parking revenues for that time period may be directly or indirectly caused by the oil spill. Motley Rice, LLC is a law firm that will investigate and evaluate any such claims the city may have regarding this situation. If Motley Rice concludes the city has valid claims, they will represent the city in a lawsuit to pursue such claims. Motley Rice has contracted with Kwall, Showers and Barack to be their local counsel for this and any similar claims in the Clearwater area. Motley Rice would not be paid an hourly fee, but a percentage of any amount recovered by the city. Motley Rice would pay Kwall, Showers and Barack a percentage of the fees they receive. If no recovery is made, the city will not owe any fees or expenses except in certain circumstances outlined in the agreement. If Motley Rice recommends settlement and the city elects to proceed to trial and recovers no money damages at trial, the city will be liable for expenses incurred by Motley Rice in prosecuting the claim. If the city terminates the agreement before the claim is completed, the city will be liable for fees and costs incurred. Review Approval: Cover Memo Item # 17 Attachment number 1 \nPage 1 of 4 Item # 17 Attachment number 1 \nPage 2 of 4 Item # 17 Attachment number 1 \nPage 3 of 4 Item # 17 Attachment number 1 \nPage 4 of 4 Item # 17 Attachment number 2 \nPage 1 of 3 Item # 17 Attachment number 2 \nPage 2 of 3 Item # 17 Attachment number 2 \nPage 3 of 3 Item # 17 Meeting Date: 6/7/2012 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve legal services agreement with Gina Grimes, Esq. at Hill Ward and Henderson for representation of the Community Development Board, Building/Flood Board of Adjustment and Appeals, and other boards as necessary. (consent) SUMMARY: Gina Grimes has represented the Community Development Board since 2005 in order to prevent potential conflicts of interest of inside counsel. It was recently necessary for Ms. Grimes to represent the Building/Flood Board of Appeals. Ms. Grimes' current Legal Services Agreement references representation only to the Community Development Board. Additionally, Ms. Grimes' hourly rate has not been increased since 2005 and is currently $140.00 per hour for representation and $105.00 per hour for travel time, well below the local average. A new agreement will include reference to the Building/Flood Board of Appeals and other boards as necessary, and will increase Ms. Grimes' hourly rate to $150.00 per hour for representation and $105.00 per hour for travel time. Review Approval: Cover Memo Item # 18 Attachment number 1 \nPage 1 of 2 Item # 18 Attachment number 1 \nPage 2 of 2 Item # 18 Meeting Date: 6/7/2012 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Provide for a referendum on November 6, 2012 allowing the City Council to grant economic development ad valorem tax exemptions if approved by a majority of city voters; approve preliminary Economic Development Ad Valorem Tax Exemption Program parameters and pass Ordinance 8338-12 on first reading. SUMMARY: On May 14, 2012, City Council directed staff to prepare an ordinance that provides for a referendum on the November 6, 2012 ballot to allow City Council to grant economic development ad valorem tax exemptions for qualifying businesses that create new jobs pursuant to Article VII, Section 3 of the Florida Constitution and Section 196.1995 of the Florida Statutes. Ordinance 8338-12 calls for a referendum that will be placed on the ballot on November 6, 2012 and puts forth the following ballot question: Shall the City Council of the City of Clearwater be authorized to grant, pursuant to s.3 Art. VII of the State Constitution, ad valorem tax exemptions to new businesses and expansions of existing businesses that are expected to create new, full-time jobs in the City of Clearwater? The ordinance outlines the City of Clearwaters desire to offer tax exemptions for new businesses relocating to the City and to expanding businesses in order to foster economic growth and increase employment as allowed by state law. The ballot language is due to the Supervisor of Elections on August 3, 2012. Economic Development Ad Valorem Tax Exemption Program Parameters The Economic Development Ad Valorem Tax Exemption Program is intended to attract new private investment and encourage capital investment and job growth in the City of Clearwater. The program would be a tool for the city to help regain a competitive edge not only in the Tampa Bay region, but also statewide in business attraction and expansion. Staff has developed preliminary Economic Development Ad Valorem Tax Exemption Program parameters for Council consideration. Staff has proposed the following program parameters in order to be most competitive with other jurisdictions programs, allow the greatest flexibility for the Council to achieve its economic development goals, and for the City of Clearwater to realize an increase in tax base: -75% annual individual project maximum ad valorem exemption Cover Memo -10 year maximum exemption time period Item # 19 -$100,000 minimum capital investment without land -No cap on the number of applications or amount to be exempted per fiscal year -Job creation requirements will be those as required by state law: · Manufacturing (10 jobs) · Qualified Target Industries (10 jobs) · Export sales (25 jobs) · Officenot in target industries (50 jobs) -Average wage for new jobs must be above the average wage for Pinellas County ($40,372 in 2012) -Each application must be approved by City Council via ordinance -All businesses must reapply annually for the exemption and provide a status report to ensure they are still in compliance with program requirements -City Council has the authority to revoke the exemption if the applicant fails to meet agreement expectations and/or program requirements In summary, the exemption applies only to improvements to real property and to tangible personal property. Staff will use the above preliminary program parameters to prepare educational materials in anticipation of the referendum on November 6. Review Approval: Cover Memo Item # 19 Attachment number 1 \nPage 1 of 2 Item # 19 Attachment number 1 \nPage 2 of 2 Item # 19 Meeting Date: 6/7/2012 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Consider recommendation by the Parks and Recreation Advisory Board to rename the North Greenwood Recreation and Aquatics Complex (NGRAC), located at 900 North Martin Luther King Jr. Avenue, to The Walter C. Campbell, Sr. Recreation and Aquatic Complex. SUMMARY: At the January 12, 2012 City Council meeting, Council directed the Parks and Recreation Advisory Board to hold public hearings for the purpose of considering the renaming the NGRAC. Therefore, in accordance with Commission Resolution 94-12, the Parks and Recreation Board conducted and advertised a public hearing to consider recommendations for park names. A public meeting was held on April 24, 2012 at the NGRAC. The Board received three names for consideration. The Board ranked the names in the following order: 1. The Walter C. Campbell, Sr. Recreation and Aquatic Complex 2. The Walter C. Campbell, Sr. Community Center 3. Dr. Martin Luther King Jr. Recreation Center Based upon the information gathered at this hearing, and on the criteria contained in the Resolution, the Parks and Recreation Board approved a motion to recommend to the City Council that the park be named The Walter C. Campbell, Sr. Recreation and Aquatic Complex. Review Approval: Cover Memo Item # 20 Meeting Date: 6/7/2012 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: City Manager Verbal Reports SUMMARY: Review Approval: Cover Memo Item # 21 Meeting Date: 6/7/2012 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Density and Parking Incentives for Affordable Housing Developments: take item off table and reschedule public hearing for June 20, 2012. Councilmember Polglaze SUMMARY: At the May 17 council meeting, the motion to take Approve amendments to the Community Development Code providing density and parking incentives for affordable housing developments off the table failed due to lack of a second. Councilmember Polglaze has requested further discussion. In order for the matter to be discussed, the item must be taken off the table, requiring a motion to be passed in the affirmative. Since the matter is a public hearing, council must schedule the hearing and comply with public notice requirements. If there is consensus to move forward with the discussion, a motion will be required at Thursdays council meeting. Review Approval: Cover Memo Item # 22