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06/19/2013 CLEARWATER CITY COUNCIL MEETING MINUTES CITY OF CLEARWATER June 19, 2013 Present: Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember Jay E. Polglaze. Also Present: William B. Horne II - City Manager, Jill Silverboard -Assistant City Manager, Rod Irwin - Assistant City Manager, Pamela K. Akin - City Attorney, Rosemarie Call - City Clerk, and Nicole Sprague - Official Records and Legislative Services Coordinator. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. 1. Call to Order— Mayor George N. Cretekos 2. Invocation — Father James Paris from Holy Trinity Greek Orthodox Church 3. Pledge of Allegiance - Councilmember Jay E. Polglaze 4. Presentations 4.1 Service Awards The June 2013 Employee of the Month Award was presented to Jay Gibson, Engineering. 4.2 Proclamation Florida Society of the Sons of the American Revolution - July 4, 2013 5. Approval of Minutes 5.1 Approve the minutes of the June 6, 2013 City Council Meeting as submitted in written summation by the City Clerk. Councilmember Bill Jonson moved to approve the minutes of the June 6, 2013 City Council Meeting as submitted in written summation by the City Clerk. The motion was duly seconded and carried unanimously. 6. Citizens to be Heard re Items Not on the Agenda Council 2013-06-19 1 Sharon Edge opposed the "Chunky Sunday" gatherings and supported continued police presence in the neighborhood. Public Hearings - Not before 6:00 PM 7. Administrative Public Hearings 7.1 Approve the request from the owner of property addressed at 1835 Winwood Drive, Clearwater, to vacate a portion of a platted drainage easement; and pass Ordinance 8430-13 on first reading (VAC2013-03). A recent survey of property located within the city limits at 1835 Winwood Drive shows that existing improvements on the property encroach onto a platted drainage easement by 1.1 feet. The property owners are also planning to construct new improvements that will encroach by a similar distance. The property owners have requested that this portion of the easement be vacated. The remainder of the easement will remain intact and will provide for adequate area for the City's Stormwater Division to perform its responsibilities. Councilmember Jay Polglaze moved to approve the request from the owner of property addressed at 1835 Winwood Drive, Clearwater, to vacate a portion of a platted drainage easement. The motion was duly seconded and carried unanimously. Ordinance 8430-13 was presented and read by title only. Vice Mayor Paul Gibson moved to approve Ordinance 8430-13 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 Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember Jay E. Polglaze. "Nays None. 7.2 Approve the Annexation, Initial Land Use Plan Designation of Residential Low (RL) and Initial Zoning Atlas Designation of Low Medium Density Residential (LMDR) District for 1544 Levern Street (Lot 1, Block E, Bonair Hill Subdivision in Section 11, Township 29 South, Range 15 East); and pass Ordinances 8415-13, 8416-13 and 8417-13 on first reading. (ANX2013-03004) Council 2013-06-19 2 This voluntary annexation petition involves a 0.19-acre property consisting of one parcel of land occupied by a single-family dwelling. It is located on the north side of Levern Street, approximately 160 feet west of Wood Avenue. The applicant is requesting this annexation in order to receive sanitary sewer and solid waste service from the City. The property is located within an enclave and is contiguous to existing City boundaries to the north, south, and west. It is proposed that the property be assigned a Future Land Use Plan designation of Residential Low (RL) and a zoning category of Low Medium Density Residential (LMDR). The Planning and Development Department determined that the proposed annexation is consistent with the provisions of Community Development Code Section 4-604.E as follows: The property currently receives water service from the City. The closest sanitary sewer line is located in the adjacent Levern Street right-of-way. The applicant has not yet paid the City's sewer impact and assessment fees and is aware of the additional costs to extend City sewer service to this property. Collection of solid waste will be provided by the City of Clearwater. The property is located within Police District II and service will be administered through the district headquarters located at 645 Pierce Street. Fire and emergency medical services will be provided to this property by Station 47 located at 1460 Lakeview Road. The City has adequate capacity to serve this property with 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 service; and The proposed annexation is consistent with and promotes the following objective of the Clearwater Comprehensive Plan: 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 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 residential properties upon request. The proposed RL Future Land Use Plan category is consistent with the current Countywide Plan designation of this property. This designation primarily permits residential uses at a density of 5 units per acre. 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 with the uses allowed in the District Council 2013-06-19 3 and the property exceeds the District's minimum dimensional requirements. The proposed annexation is therefore consistent with 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 north, south, and west; therefore the annexation is consistent with Florida Statutes Chapter 171.044. Councilmember Bill Jonson moved to approve the Annexation, Initial Land Use Plan Designation of Residential Low (RL) and Initial Zoning Atlas Designation of Low Medium Density Residential (LMDR) District for 1544 Levern Street (Lot 1, Block E, Bonair Hill Subdivision in Section 11, Township 29 South, Range 15 East). The motion was duly seconded and carried unanimously. Councilmember Doreen Hock-DiPolito moved to approve Ordinance 8415-13 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 Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember Jay E. Polglaze. "Nays None. Ordinance 8416-13 was presented and read by title only. Councilmember Jay E. Polglaze moved to approve Ordinance 8416-13 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 Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember Jay E. Polglaze. "Nays None. Ordinance 8417-13 was presented and read by title only. Vice Mayor Paul Gibson moved to approve Ordinance 8417-13 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 Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember Jay E. Polglaze. Council 2013-06-19 4 "Nays None. 7.3 Approve the annexation, initial Future Land Use Map designation of Residential Urban (RU) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1212 Aloha Lane (Lot 3, Block 3, Sunset Knoll in Section 3, Township 29 South, Range 15 East); and Pass Ordinances 8403-13, 8404-13 and 8405-13 on first reading. (ANX2013-03005) This voluntary annexation petition involves a 0.164-acre property consisting of one parcel of land occupied by a single-family dwelling. It is located on the north side of Aloha Lane, approximately 125 feet east of Douglas Avenue. The applicant is requesting annexation in order to receive solid waste service from the City, and will connect to City sewer when it is available in the future, as part of the City's Idlewild/The Mall Septic-to-Sewer Project. The property is contiguous to existing City boundaries to the north. It is proposed that the property be assigned a Future Land Use Map designation of Residential Urban (RU) and a Zoning Atlas designation of Low Medium Density Residential (LMDR). The Planning and Development Department determined that the proposed annexation is consistent with the provisions of Clearwater Community Development Code Section 4-604.E as follows: The property currently receives water service from the City. Collection of solid waste service will be provided to the property by the City. The applicant will connect to the City's sanitary sewer service when it is available, and is aware of the fee that must be paid in order to connect and the financial incentives available. The property is located within Police District 11 and service will be administered through the district headquarters located at 645 Pierce Street. Fire and emergency medical services will be provided to this property by Station 51 located at 1720 Overbrook Avenue. The City has adequate capacity to serve this property with 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 service; and The proposed annexation is consistent with and promotes the following objective of the Clearwater Comprehensive Plan: 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. Council 2013-06-19 5 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. Policy A.7.2.3 Continue to process voluntary annexations for single-family residential properties upon request. The proposed Residential Urban (RU) Future Land Use Map category is 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. 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 with the uses allowed in the district and the property exceeds the district's minimum dimensional requirements. The proposed annexation is therefore consistent with the Countywide Plan and the City's Comprehensive Plan and Community Development Code; and The property proposed for annexation is contiguous to existing City boundaries to the north; therefore, the annexation is consistent with Florida Statutes Chapter 171.044. Councilmember Bill Jonson moved to approve the annexation, initial Future Land Use Map designation of Residential Urban (RU) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1212 Aloha Lane (Lot 3, Block 3, Sunset Knoll in Section 3, Township 29 South, Range 15 East). The motion was duly seconded and carried unanimously. Ordinance 8403-13 was presented and read by title only. Councilmember Doreen Hock-DiPolito moved to approve Ordinance 8403-13 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 Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember Jay E. Polglaze. "Nays None. Ordinance 8404-13 was presented and read by title only. Councilmember Jay E. Polglaze moved to approve Ordinance 8404-13 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 Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember Jay E. Polglaze. Council 2013-06-19 6 "Nays None. Ordinance 8405-13 was presented and read by title only. Vice Mayor Paul Gibson moved to approve Ordinance 8405-13 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 Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember Jay E. Polglaze. "Nays None. 7.4 Approve the Annexation, Initial Land Use Plan Designation of Residential Low (RL) and Initial Zoning Atlas Designation of Low Medium Density Residential (LMDR) District for 1321 Parkwood Street (Lot 3, Block B, Pine Ridge Subdivision, in Section 10, Township 29 South, Range 15 East) together with the abutting right-of-way of Parkwood Street; and pass Ordinances 8406-13, 8407- 13 and 8408-13 on first reading. (ANX2013-03006) This voluntary annexation petition involves a 0.178-acre property consisting of one parcel of land occupied by a single-family dwelling. It is located on the south side of Parkwood Street, approximately 400 feet east of Betty Lane. The applicant is requesting this annexation in order to receive sanitary sewer and solid waste service from the City. The Planning and Development Department is requesting that the 0.092-acres of abutting Parkwood Street right-of-way not currently within the City limits also be annexed. The property is located within an enclave and is contiguous to existing City boundaries to the north and south. It is proposed that the property be assigned a Future Land Use Plan designation of Residential Low (RL) and a zoning category of Low Medium Density Residential (LMDR). The Planning and Development Department determined that the proposed annexation is consistent with the provisions of Community Development Code Section 4-604.E as follows: The property currently receives water service from the City. The closest sanitary sewer line is located in the adjacent Parkwood Street right-of-way. The applicant has paid the City's sewer impact and assessment fees and is aware of the additional costs to extend City sewer service to this property. Collection of solid waste will be provided by the City of Clearwater. The property is located within Police District II and service will be administered through the district headquarters located at 645 Pierce Street. Fire and emergency medical services will be Council 2013-06-19 7 provided to this property by Station 51 located at 1720 Overbrook Avenue. The City has adequate capacity to serve this property with 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 service; and The proposed annexation is consistent with and promotes the following objective of the Clearwater Comprehensive Plan: 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 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 residential properties upon request. The proposed RL Future Land Use Plan category is consistent with the current Countywide Plan designation of this property. This designation primarily permits residential uses at a density of 5 units per acre. 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 with the uses allowed in the District and the property exceeds the District's minimum dimensional requirements. The proposed annexation is therefore consistent with the Countywide Plan and the City's Comprehensive Plan and Community Development Code; and The property proposed for annexation is contiguous to existing City boundaries to the north and south; therefore the annexation is consistent with Florida Statutes Chapter 171.044. Councilmember Bill Jonson moved to approve the Annexation, Initial Land Use Plan Designation of Residential Low (RL) and Initial Zoning Atlas Designation of Low Medium Density Residential (LMDR) District for 1321 Parkwood Street (Lot 3, Block B, Pine Ridge Subdivision, in Section 10, Township 29 South, Range 15 East) together with the abutting right-of-way of Parkwood Street. The motion was duly seconded and carried unanimously. Ordinance 8406-13 was presented and read by title only. Councilmember Doreen Hock-DiPolito moved to approve Ordinance 8406-13 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 Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember Council 2013-06-19 8 Jay E. Polglaze. "Nays None. Ordinance 8407-13 was presented and read by title only. Councilmember Jay E. Polglaze moved to approve Ordinance 8407-13 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 Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember Jay E. Polglaze. "Nays None. Ordinance 8408-13 was presented and read by title only. Vice Mayor Paul Gibson moved to approve Ordinance 8408-13 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 Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember Jay E. Polglaze. "Nays None. 7.5 Approve the annexation, initial Future Land Use Map designation of Residential Urban (RU) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1270 Palm Street (Lot 11, Knights Acres in Section 3, Township 29 South, Range 15 East); and Pass Ordinances 8412-13, 8413-13 and 8414-13 on first reading. (ANX2013-04009) This voluntary annexation petition involves a 0.118-acre property consisting of one parcel of land occupied by a single-family dwelling. It is located on the north side of Palm Street, approximately 200 feet west of Betty Lane. The applicant is requesting annexation in order to receive solid waste service from the City, and will connect to City sewer when it is available in the future, as part of the City's Idlewild/The Mall Septic-to-Sewer Project. The property is contiguous to existing city boundaries to the south. It is proposed that the property be assigned a Future Land Use Map designation of Residential Urban (RU) and a Zoning Atlas designation of Low Medium Density Residential (LMDR). Council 2013-06-19 9 The Planning and Development Department determined that the proposed annexation is consistent with the provisions of Clearwater Community Development Code Section 4-604.E as follows: The property currently receives water service from the City. Collection of solid waste service will be provided to the property by the City. The applicant will connect to the City's sanitary sewer service when it is available, and is aware of the fee that must be paid in order to connect and the financial incentives available. The property is located within Police District 11 and service will be administered through the district headquarters located at 645 Pierce Street. Fire and emergency medical services will be provided to this property by Station 51 located at 1720 Overbrook Avenue. The City has adequate capacity to serve this property with 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 service; and The proposed annexation is consistent with and promotes the following objective of the Clearwater Comprehensive Plan: 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 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 residential properties upon request. The proposed Residential Urban (RU) Future Land Use Map category is 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. 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 with the uses allowed in the district and the property exceeds the district's minimum dimensional requirements. The proposed annexation is therefore consistent with the Countywide Plan and the City's Comprehensive Plan and Community Development Code; and The property proposed for annexation is contiguous to existing City boundaries to the south; therefore, the annexation is consistent with Florida Statutes Chapter 171.044. Council 2013-06-19 10 Councilmember Bill Jonson moved to approve the annexation, initial Future Land Use Map designation of Residential Urban (RU) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1270 Palm Street (Lot 11, Knights Acres in Section 3, Township 29 South, Range 15 East). The motion was duly seconded and carried unanimously. Ordinance 8412-13 was presented and read by title only. Councilmember Doreen Hock-DiPolito moved to approve Ordinance 8412-13 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 Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember Jay E. Polglaze. "Nays None. Ordinance 8413-13 was presented and read by title only. Councilmember Jay E. Polglaze moved to approve Ordinance 8413-13 was presented 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 Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember Jay E. Polglaze. "Nays None. Ordinance 8414-13 was presented and read by title only. Vice Mayor Paul Gibson moved to approve Ordinance 8414-13 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 Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember Jay E. Polglaze. "Nays None. 7.6 Approve an Amendment to the Development Agreement between Sea Captain, a Florida General Partnership (the property owner), and the City of Clearwater, providing for the allocation of 53 units from the Hotel Density Reserve established in Beach by Design; adopt Resolution 13-06, and authorize the appropriate officials to execute same. (DVA2010-08001A) Council 2013-06-19 11 On January 13, 2011, City Council approved a development agreement with the Sea Captain, a Florida General Partnership, for a property located at 40 Devon Drive. This agreement allocated 53 units from the Hotel Density Reserve on Clearwater Beach for the construction of a new hotel on this site. The site plan approved in conjunction with this agreement (FLD2010-08004) was attached to the development agreement as Exhibit A. The development order authorizing that site plan expired on December 21, 2012. The proposed amendment to the development agreement replaces the expired Exhibit A with a newly approved site plan (FLD2013-02007). There are no changes between the newly approved site plan and the one originally associated with the development agreement. The total 0.829-acre parcel is located on the north side of Devon Drive, approximately 150 feet east of Coronado Drive. The majority of the subject property (0.659 acre) is zoned Tourist (T) District, but the eastern portion (0.17 acre) of the subject property north of the adjacent detached dwelling at 94 Devon Drive is zoned Low Medium Density Residential (LMDR) District and is not part of Beach by Design. The subject property is currently developed with a 27-room motel. However, it is proposed to be redeveloped under FLD2013-02007 with an overnight accommodation use of a total of 85 rooms (128.98 rooms/acre on the acreage zoned Tourist (T) District, including the allocation of 53 units from the Hotel Density Reserve), approximately 7,986 square feet of accessory uses to the hotel and a height of 75.25 feet (to top of roof deck). On May 21, 2013, the Community Development Board (CDB) approved with 17 conditions of approval FLD2013- 02007 for the construction of the 85-room hotel with associated amenities. The proposed hotel and its accessory uses are located solely within the area zoned Tourist (T) District (only the retention area is located with the area zoned Low Medium Density Residential [LMDR] District) and the calculations for density and impervious surface ratio are based upon only the land area zoned Tourist (T) District. The proposal is in compliance with the standards for development agreements, is consistent with the Comprehensive Plan and furthers the vision of beach redevelopment set forth in Beach by Design. The proposed Development Agreement will be in effect for a period not to exceed ten years, meets the criteria for the allocation of units from the Hotel Density Reserve under Beach by Design and includes the following main provisions: • Provides for the allocation of 53 units from the Hotel Density Reserve; Council 2013-06-19 12 • Requires the developer to obtain building permits and certificates of occupancy in accordance with Community Development Code (CDC) Section 4-407; • Requires the return of any hotel unit obtained from the Hotel Density Reserve that is not constructed; • For units allocated from the Hotel Density Reserve, prohibits the conversion of any hotel unit to a residential use and requires the recording of a covenant restricting use of such hotel units to overnight accommodation usage; and • Requires a legally enforceable mandatory evacuation/closure covenant that the hotel will be closed as soon as practicable after a hurricane watch that includes Clearwater Beach is posted by the National Hurricane Center. The Community Development Board reviewed this Development Agreement application at its public hearing on May 21, 2013, and unanimously recommended approval of the application (DVA2010-08001A). In response to questions, Planning and Development Director Michael Delk said the city's code provides the applicant a period of time to utilize their entitlements on the development order before they expire, or are lost. When a hurricane warning is issued, staff will work with the beach hoteliers regarding the evacuation of their hotel occupants; arrangements to evacuate the beach may take 24-48 hours. The City Attorney said there is no absolute timeframe for hoteliers to evacuate; hoteliers will have a period of time to activate the evacuation process and leave the island. Councilmember Bill Jonson moved to approve an Amendment to the Development Agreement between Sea Captain, a Florida General Partnership (the property owner), and the City of Clearwater, providing for the allocation of 53 units from the Hotel Density Reserve established in Beach by Design. The motion was duly seconded and carried unanimously. Resolution 13-06 was presented and read by title only. Councilmember Doreen Hock- DiPolito moved to adopt Resolution 13-06. The motion was duly seconded and 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. "Nays None. Council 2013-06-19 13 7.7 Approve a Development Agreement between Clearwater Grande Development, LLC (the property owner) and the City of Clearwater, providing for the allocation of 80 overnight accommodation units from the Hotel Density Reserve under Beach by Design; adopt Resolution 13-05, and authorize the appropriate officials to execute same. (DVA2013-03001) The 1.437 acre-subject property is located on the south side of South Gulfview Boulevard, approximately 894 feet west of Gulf Boulevard. The subject property is currently developed with a 91-room hotel (Quality Inn) and its associated parking lot. The existing building is located on the east side of the site and oriented north/south. The property is located within the Tourist (T) District and the Resort Facilities High (RFH) Future Land Use Plan category. The subject property is located in the Clearwater Pass character district of Beach by Design. The development proposal would retain the Quality Inn while redeveloping the existing parking area with a new 14-story, 90-room Hampton Inn and Suites. On March 22, 2005, the Community Development Board approved Case FLD2004-12088 for the Termination of Status of Nonconformity for density to retain the existing 91 overnight accommodation units on the subject property. On May 21, 2013, the Community Development Board approved with 19 conditions a Flexible Development application to permit a 171-room overnight accommodation use (FLD2013-03011). As a part of this application, the owners are proposing to utilize the existing 91-rooms obtained through the Termination of Status of Nonconformity for density while requesting an additional 80 hotel rooms from the Hotel Density Reserve through Beach by Design, resulting in a total of 171 hotel rooms on the property. The proposal will reduce the number of rooms in the Quality Inn from 91 to 81 rooms by converting 16 standard rooms into eight suites, and two standard rooms into storage space. These ten reduced rooms will then be added to the overall number of hotel rooms for the proposed Hampton Inn and Suites (90 rooms). The Development Agreement proposes to allow 171 overnight accommodation units with a density of 118.99 rooms per acre on net lot acreage, which includes the allocation of 80 units from the Hotel Density Reserve on a lot of 62,620 square feet of lot area which is below the maximum density of 150 units per acre as set forth in Beach by Design special area plan. A total of 206 off-street parking spaces will be provided for the use of both hotels. The number of parking spaces complies with the development standard of 1.2 spaces per unit as set forth in the Community Development Code. Council 2013-06-19 14 The development proposal will not degrade the Level of Service (LOS D or better) on surrounding transportation facilities nor adversely affect the nearby signalized intersection, which is consistent with Metropolitan Planning Organizations concurrency management for transportation facilities. The proposal is in compliance with the standards for development agreements, is consistent with the Comprehensive Plan and furthers the vision of beach redevelopment set forth in Beach by Design. The proposed Development Agreement will be in effect for a period not to exceed ten years, meets the criteria for the allocation of units from the Hotel Density Reserve under Beach by Design and includes the following main provisions: • Provides for the allocation of 80 units from the Hotel Density Reserve; • Requires the return of any hotel unit obtained from the Hotel Density Reserve that is not constructed; • For units allocated from the Hotel Density Reserve, prohibits the conversion of any hotel unit to a residential use and requires the recording of a covenant restricting use of such hotel units to overnight accommodation usage; and • Requires a legally enforceable mandatory evacuation/closure covenant that the hotel will be closed as soon as practicable after a hurricane watch that includes Clearwater Beach is posted by the National Hurricane Center. The Community Development Board reviewed this Development Agreement at its public hearing on May 21, 2013, and recommended approval. In response to questions, the City Attorney said the applicant has agreed to include language in the development agreement prohibiting amplified sound outdoors, Sunday through Thursday after 11:00 p.m. and Friday through Saturday after midnight. Planning and Development Director Michael Delk reviewed the proposed renderings facing each side of the building and said the mass and scale of the proposed building has been reduced, including the number of hotel rooms. Staff was directed to provide information on the anticipated sales tax/bed tax impact to the City, based on 65% occupancy, for development agreements that come before Council. It was stated that staff could retrieve the information from the applicant, as it should be compiled for the lender. Applicant representative Ed Armstrong said the original proposal was modified to address concerns raised by Council. The applicant will share the project's projected economic impact compiled for the lender with staff. Applicant Steve Page said the proposal before Council has all requested density units going to new construction, located on one parcel, and reduced building height and mass by eliminating 26 units. Architect Alcides Santiesteban said the pavilion and covered outdoor seating Council 2013-06-19 15 area is located on the sixth floor; residences are located on the seventh floor. One individual spoke in opposition and one individual expressed concern regarding the project not meeting scenic corridor criteria. Three individuals spoke in support. Councilmember Jay Polglaze moved to approve a Development Agreement between Clearwater Grande Development, LLC (the property owner) and the City of Clearwater, providing for the allocation of 80 overnight accommodation units from the Hotel Density Reserve under Beach by Design. The motion was duly seconded. In response to questions, Mr. Delk said staff reviewed the project and determined it was consistent with all Beach by Design criteria. There is no specific landscape plan requirement for S. Gulfview Boulevard. The T (Tourist) District allows a range of setbacks; the reserve allows height to go above 100 if the applicant utilizes the density pool, which is governed by FAR (floor area ratio). Mr. Santiesteban said the adjoining property is built on the property line, creating a zero property line. The proposed project includes a 10 ft. 1 in. setback to vertical structure; the landscape can be modified if the proposed tree species are too large. Upon the vote being taken, the motion carried unanimously. Resolution 13-05 was presented and read by title only. Vice Mayor Paul Gibson moved to adopt Resolution 13-05. The motion was duly seconded and 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. "Nays None. 7.8 Approve amendments to the Community Development Code providing for a revised definition for family and a new definition for housekeeping unit, consistent with the terms of the conciliation/voluntary compliance agreement entered into by and between the United States Department of Housing and Urban Development and the City of Clearwater and pass Ordinance 8398-13 on first reading. (TA2013-03001) On October 5, 2012, a complaint was filed against the City of Clearwater with the United States Department of Housing and Urban Development (HUD) alleging discrimination based on disability. In January 2013, the City and HUD (on behalf of the complainant) entered into a Conciliation Agreement, which is a voluntary Council 2013-06-19 16 and full settlement of the disputed complaint. Under the terms of this agreement, the City agreed to amend and/or add definitions for family and housekeeping unit within 180 days of the effective date of the agreement. Ordinance 8398-13 includes amendments to Section 8-102, Definitions, of the Community Development Code, consistent with the terms of the Conciliation Agreement. Modifications are included to the existing definition of family to provide further clarity, and a new definition for housekeeping unit is proposed. The new definition for housekeeping unit includes six situations that would exclude a group from being classified as a housekeeping unit, such as presence of interior doors with padlocks or keyed doorknobs limiting tenants' access, or if members have separate leases or subleases and make separate payments to the landlord, if the group significantly reforms over the course of 12 months or during the lease term, or if members do not engage in group living activities such as shopping, cooking and eating. Any of these situations would create a presumption that the group is not a bona fide housekeeping unit. The Community Development Board (CDB) reviewed the proposed text amendment at its meeting of May 21, 2013 and unanimously recommended approval of the amendment. Councilmember Bill Jonson moved to approve amendments to the Community Development Code providing for a revised definition for family and a new definition for housekeeping unit, consistent with the terms of the conciliation/voluntary compliance agreement entered into by and between the United States Department of Housing and Urban Development and the City of Clearwater. The motion was duly seconded and carried unanimously. Ordinance 8398-13 was presented and read by title only. Councilmember Doreen Hock-DiPolito moved to approve Ordinance 8398-13 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 Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember Jay E. Polglaze. "Nays None. 8. Quasi-judicial Public Hearings 8.1 Approve a Future Land Use Map Amendment from the Residential/Office Limited (R/OL) classification to the Institutional (1) classification and a Zoning Atlas Amendment from the Office (0) District to the Institutional (1) District for property located at 150 South McMullen Booth Road (consisting of a portion of the Council 2013-06-19 17 Northwest of Section 16, Township 29 South, Range 16 East); and pass Ordinances 8400-13 and 8401-13 on first reading. (LUP2013-02001 and REZ2013-02001) This future land use map amendment and rezoning application involves a 3.61- acre parcel located on the west side of South McMullen Booth Road, approximately 100 feet south of Cherry Lane. The request is to change the property's Future Land Use Map designation of Residential/Office Limited (R/OL) to Institutional (1) and the zoning district from Office (0) to Institutional (1). The parcel contains two buildings that currently contain publishing, office and educational facilities uses. The main building, which was constructed in 1986 and approximately 18,184 square feet, is used by Rue Educational Publishing as a mix of offices, classrooms and publishing space. The second building, which was added in 2010, is an approximately 1,440 square foot modular building used by Rue Educational as classroom space. In December 2012, the parcel was purchased by Calvary Baptist Church, which is located on the southwest corner of Drew Street and McMullen Booth Road. The church has been purchasing parcels adjacent to and in the vicinity of the subject property over the last several years in order to accommodate growth of the church, associated school campus and athletic facilities. Abutting properties to the north and west are owned by Calvary Baptist; the recently completed baseball field to the west included landscape improvements to the east side of the subject property. The existing publishing, office and educational facilities uses will continue to operate until June 30, 2013. Calvary Baptist Church plans to use the property as a center for its youth ministries with minimal changes to the site and buildings, except for interior renovations that may include removing some current walls to allow for a worship area. A development application has not been submitted at this time; however, the applicant has engaged a local architecture firm and understands all necessary permits must be obtained. The Planning and Development Department has determined that the proposed future land use map amendment and zoning atlas amendment is consistent with the Community Development Code as specified below: The proposed amendments are consistent with the Comprehensive Plan, the Countywide Plan Rules, and the Community Development Code. The proposed amendments are compatible with the surrounding property and character of the neighborhood. Sufficient public facilities are available to serve the property. Council 2013-06-19 18 The proposed amendments will not have an adverse impact on the natural environment. The proposed amendments will not have an adverse impact on the use of property in the immediate area. The available uses in the Institutional (1) District are compatible with the surrounding area. In accordance with the Countywide Plan Rules, the land use plan amendment is subject to the approval of the Pinellas Planning Council and the Board of County Commissioners acting as the Countywide Planning Authority. The application is a small-scale amendment so review and approval by the Florida Department of Economic Opportunity (Division of Community Planning) is not required. The Community Development Board will review these applications at its public hearing on June 18, 2013 and its recommendation will be presented by staff at the City Council meeting on June 19, 2013. Councilmember Jay Polglaze moved to approve a Future Land Use Map Amendment from the Residential/Office Limited (R/OL) classification to the Institutional (1) classification and a Zoning Atlas Amendment from the Office (0) District to the Institutional (1) District for property located at 150 South McMullen Booth Road (consisting of a portion of the Northwest of Section 16, Township 29 South, Range 16 East). The motion was duly seconded and carried unanimously. Ordinance 8400-13 was presented and read by title only. Vice Mayor Paul Gibson moved to approve Ordinance 8400-13 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 Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember Jay E. Polglaze. "Nays None. Ordinance 8401-13 was presented and read by title only. Councilmember Doreen Hock-DiPolito moved to approve Ordinance 8401-13 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 Doreen Hock-DiPolito, Councilmember Bill Jonson, and Jay E. Polglaze Council 2013-06-19 19 "Nays None. 9. Second Readings - Public Hearing 9.1 Adopt Ordinance 8418-13 on second reading, calling for a special election to submit to the city electors a proposed amendment to the City Charter to allow the City to enter into a lease with the Clearwater Marine Aquarium for the current City Hall Property and stating the question to appear on the ballot. Two individuals spoke in opposition and one individual spoke in support. CMA representative Brian Aungst, Jr. said the organization has reached out to the neighbors; parking concerns will be addressed in the Memorandum of Understanding, which is being negotiated with city staff. The proposed project anticipates extending Drew Street to allow another exit. Ordinance 8418-13 was presented and read by title only. Councilmember Jay Polglaze moved to adopt Ordinance 8418-13 on second and final reading. The motion was duly seconded and 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. "Nays None. 9.2 Adopt Ordinance 8431-13 on second reading, amending the powers and duties of the Municipal Code Enforcement Board to include the power to hear as a local hearing officer violations of the Clearwater Code of Ordinances and Florida Statutes, as applicable. Ordinance 8431-13 was presented and read by title only. Vice Mayor Paul Gibson moved to adopt Ordinance 8431-13 on second and final reading. The motion was duly seconded and 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. "Nays None. Council 2013-06-19 20 The Council recessed from 8:01 p.m. to 8:10 p.m. 10. Consent Agenda — Approved as submitted. 10.1 Approve the Administrative Services Only Agreement between the City and Connecticut General Life Insurance Company for administration services to be Provided by Cigna in connection with the City's medical insurance for plan year 2013 and authorize the appropriate officials to execute same. (consent) 10.2 Approve a Memorandum of Understanding (MOU) amending the Prisoner Transport Interlocal Agreement between the City of Clearwater and the Pinellas County Sheriff's Office for the period July 1. 2013 through September 30. 2014. and authorize the appropriate officials to execute same. (consent) 10.3 Award a Contract (Purchase Order) for$568.023.00 to Rush Truck Centers of Tampa. FL for two 2013 Model 320 Peterbilt with Scorpion Automated Side Loaders with CNG (Compressed Natural Gas), in accordance with Sec. 2.5640)(d). Code of Ordinances - Other Governmental Bid: authorize lease purchase under the City's Master Lease Purchase Agreement and authorize the appropriate officials to execute same. (consent) 10.4 Award a Contract (Purchase Order) to Toter Incorporated of Statesville. NC, for an amount not to exceed $1.500.000, for the purchase and delivery of 26.000 new 64 gallon and 96 gallon recycling carts, during the period of June 20. 2013 through June 19. 2014, as provided in the Code of Ordinances. Section 2.5640)(d) and authorize the appropriate officials to execute the same. consent 10.5 Award a Contract (Purchase Order) to Waste Management. Inc. in the amount of $189.414 for the purchase of thirty-four kiosks, consisting of one solar compactor and one recycling station, as provided in the Code of Ordinances. Section 2.561, and authorize the appropriate officials to execute same. (consent) 10.6 Approve a Blanket Purchase Order to SNF Polydyne Inc., of Riceboro. GA, in the amount of$449.322, for Polymer Services for a one-year period, and authorize the appropriate officials to execute same. (consent) 10.7 Approve Supplemental Work Order to Engineer-of-Record (EOR) King Engineering Associates. Inc., in the amount of$83.720, to provide additional Construction Engineering and Inspection (CEI) services for the rehabilitation of Lift Stations 33 and 42: and authorize the appropriate officials to execute same. consent Council 2013-06-19 21 10.8 Award a contract to Steve's Excavating and Paving Inc. of Clearwater. Florida. for the South Gulfview Drainage Improvements Project (11-0019-EN) in the amount of$388.273.75, which is the lowest responsible bid received in accordance with the plans and specifications and authorize the appropriate officials to execute same. (consent) 10.9 Accept two drainage easements conveyed to the City by separate property owners over portions of property located at 2553 and 2559 Brentwood Drive for use by the City's Stormwater Division. (consent) Councilmember Doreen Hock-DiPolito moved to approve the Consent Agenda as submitted and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. City Manager Reports 11. Other Items on City Manager Reports 11.1 Amend the City's fiscal year 2012/13 Operating and Capital Improvement Budgets at mid-year and pass Ordinances 8432-13 and 8433-13 on first reading. The fiscal year 2012/13 Operating and Capital Improvement Budgets were adopted in September 2012 by Ordinances 8356-12 and 8357-12. Section 2.521 of the City's Code of Ordinances requires the City Manager to prepare a quarterly report detailing income, expenditure estimates, collections, the explanation of significant variances, as well as the financial status of all capital improvement projects. Councilmember Bill Jonson moved to amend the City's fiscal year 2012/13 Operating and Capital Improvement Budgets at mid-year. The motion was duly seconded and carried unanimously. Ordinance 8432-13 was presented and read by title only. Councilmember Doreen Hock-DiPolito moved to approve Ordinance 8432-13 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 Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember Jay E. Polglaze. "Nays None. Council 2013-06-19 22 Ordinance 8433-13 was presented and read by title only. Councilmember Jay E. Polglaze moved to approve Ordinance 8433-13 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 Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember Jay E. Polglaze. "Nays None. 11.2 Authorize the negotiated sale of not to exceed $7,445,000 Gas System Revenue Refunding Bonds, Series 2013; authorize staff to proceed with the refunding of the outstanding Gas System Revenue Refunding Bonds, Series 2004 and adopt Resolution 13-15. Currently outstanding is $7,270,000 par value of Gas System Revenue Refunding Bonds, Series 2004, with maturities in years 2014 through 2026 and interest rates ranging from 3.375% to 4.375% that are callable on September 1, 2013. Current market conditions present an opportunity to refinance these bonds to achieve a present value savings of approximately $950,000, or 13.2% of the refunded amount. The City's debt management policy states, "As a general rule, the present value savings of a particular refunding should exceed 5% (of the refunded amount)." In anticipation of the refunding, the City through its Financial Advisor, Stifel, Nicolaus and Company, Inc., issued a request for proposals (RFP) soliciting proposals from qualified investment companies to provide a bank loan source of funds instead of the more traditional bond transaction for this refunding, which has resulted in a lower cost (greater savings) opportunity. A traditional bond sales transaction would have yielded an estimated 7.5% savings, or approximately $545,000 versus the current estimate of$950,000. The refunding will result in gross annual debt service savings of approximately $85,000 in years 2014 through 2026.This resolution authorizes the negotiated sale of not to exceed $7,445,000 par value of Gas System Revenue Refunding Bonds, Series 2013, at an interest rate of 2.41%, to STI Institutional and Government, Inc (a SunTrust company), the firm submitting the most favorable response to the RFP. Council 2013-06-19 23 Annual principal payments on the 2013 refunding bonds are due September 1, 2014 through 2026, the same term as the refunded bonds. The bonds are callable, without prepayment penalty, five years after the date of issuance. Vice Mayor Paul Gibson moved to authorize the negotiated sale of not to exceed $7,445,000 Gas System Revenue Refunding Bonds, Series 2013; authorize staff to proceed with the refunding of the outstanding Gas System Revenue Refunding Bonds, Series 2004 . The motion was duly seconded and carried unanimously. Resolution 13-15 was presented and read by title only. Councilmember Bill Jonson moved to adopt Resolution 13-15. The motion was duly seconded and 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. "Nays None. 11.3 Authorize the negotiated sale of not to exceed $11,605,000 Stormwater System Revenue Refunding Bonds, Series 2013; authorize staff to proceed with the advance refunding of the outstanding Stormwater System Revenue Bonds, Series 2004 and adopt Resolution 13-16. Currently outstanding is $10,855,000 par value of Stormwater System Revenue Bonds, Series 2004, with maturities in years 2015 through 2032 and interest rates ranging from 3.625% to 4.75% that are callable on November 1, 2014. Current market conditions present an opportunity to advance refund these bonds to achieve a present value savings of approximately $980,000, or 9.0% of the refunded amount. The City's debt management policy states, "As a general rule, the present value savings of a particular refunding should exceed 5% (of the refunded amount)." In anticipation of the refunding, the City through its Financial Advisor, Stifel, Nicolaus and Company, Inc., issued a request for proposals (RFP) soliciting proposals from qualified investment companies to provide a bank loan source of funds, instead of the more traditional bond transaction for this refunding, which has resulted in a lower cost (greater savings) opportunity. A traditional bond sales transaction would have yielded an estimated 5.0% savings, or approximately $540,000 versus the current estimate of$980,000. Council 2013-06-19 24 The refunding will result in gross annual debt service savings of approximately $100,000 in years 2014 through 2032.This resolution authorizes the negotiated sale of not to exceed $11,605,000 par value of Stormwater System Revenue Refunding Bonds, Series 2013, at an interest rate of 2.98%, to STI Institutional and Government, Inc (a SunTrust company), the firm submitting the most favorable response to the RFP. Annual principal payments on the 2013 refunding bonds are due November 1, 2013 through 2032, the same term as the refunded bonds. The bonds are callable, without prepayment penalty, six years after the date of issuance. Councilmember Doreen Hock-DiPolito moved to authorize the negotiated sale of not to exceed $11,605,000 Stormwater System Revenue Refunding Bonds, Series 2013; authorize staff to proceed with the advance refunding of the outstanding Stormwater System Revenue Bonds, Series 2004. The motion was duly seconded and carried unanimously. Resolution 13-16 was presented and read by title only. Councilmember Jay E. Polglaze moved to adopt Resolution 13-16. The motion was duly seconded and 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. "Nays None. 11.4 Approve two Subordination of City Utility Interests agreements subordinating City easements in favor of the State of Florida Department of Transportation; adopt Resolution 13-1T and authorize appropriate officials to execute same. The State of Florida Department of Transportation (FDOT) is underway with a project to resurface a portion of Drew Street, a State Road. In support of the project, FDOT has acquired easements for the construction and maintenance of sidewalks. FDOT has requested that the City subordinate two existing City easements located within the new FDOT easements. One of the City easements is for the installation and maintenance of a traffic signal pole on the northwest corner of Drew Street and Martin Luther King, Jr. Avenue. The other City easement is for the installation and maintenance of a sidewalk on the southeast corner of Drew Street and Jefferson Avenue. Council 2013-06-19 25 The City easements will remain in effect, however the City's rights under these easements will be subject to FDOT's rights. The City Engineering Department has no objection to the request. Vice Mayor Paul Gibson moved to approve two Subordination of City Utility Interests agreements subordinating City easements in favor of the State of Florida Department of Transportation. The motion was duly seconded and carried unanimously. Resolution 13-17 was presented and read by title only. Councilmember Bill Jonson moved to adopt Resolution 13-17. The motion was duly seconded and 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. "Nays None. 11.5 Approve the Post-Disaster Redevelopment Plan (PDRP) and adopt Resolution 13-08. As a coastal community, the City of Clearwater remains vulnerable to a number of regularly occurring natural disasters. To decrease vulnerability and increase resiliency the City is adding another tool to its mitigation and recovery toolbox, the Post-Disaster Redevelopment Plan (PDRP). The PDRP is a document that guides City decision making affecting long-term recovery and redevelopment following a disaster. This Plan does not address immediate disaster response and emergency operations, which are already outlined by the City's Comprehensive Emergency Management Plan (CEMP). During the disaster response and emergency operations phases, the City will work as a partner with Pinellas County, which will serve as the lead local entity in coordinating with the Federal Emergency Management Agency (FEMA). This Plan is intended to address Clearwater's unique context while avoiding duplication with Pinellas County's PDRP. Some issues, and subsequent actions that address those issues, are better addressed on a countywide scale. For these actions, the City will work as a partner with the County. This Plan was created through a coordinated effort among city staff, with communication with Pinellas County staff. It does not set forth new city policies but contains next steps that direct City staff to implement previously adopted city policies and to conduct research that may lead to future policy changes. Any Council 2013-06-19 26 proposed actions that might result in or require changes in city policy must first engage Clearwater community members in the decision-making process and then request approval from the appropriate legislative authority, the City Council. The PDRP is organized into seven chapters: Chapter 1 Introduction (Plan pages 1-2): This Chapter sets the stage for the rest of the Plan by outlining the purpose and objective of the Plan, the authority for developing the Plan, describing the planning process and how to use the plan, and lastly by noting plan assumptions and applicability. Chapter 2 Local Plans Integration and Capacity Assessment (pages 3-18): This chapter examines existing local documents that guide the four overlapping phases of the disaster cycle: pre-disaster planning, emergency response, short- term recovery and long-term recovery and redevelopment. A total of 17 documents are examined, including the City's Comprehensive Plan and the countywide Local Mitigation Strategy. For each document a description of its contents, listing of applicable disaster phases, listing of provisions that apply to disaster planning and its relationship to the PDRP are outlined. An institutional capacity, or gap analysis, is then conducted outlining the City's capacity for carrying out long-term recovery and redevelopment in three topic areas: planning and regulatory capacity, administrative and technical capacity, and fiscal capacity. The chapter concludes by outlining recommendations for improving capacity. Chapter 3 Vulnerability Analysis (pages 19-26): This chapter details vulnerability analyses that were previously conducted in the City's Floodplain Management Plan, the City's Comprehensive Emergency Management Plan (CEMP), and the countywide Local Mitigation Strategy (LMS). For each document's vulnerability analysis a summary, key findings and conclusions are outlined in the chapter. The chapter concludes by outlining vulnerability analyses that should be completed by City staff to expand understanding of Clearwater's vulnerability so future updates to the PDRP can more fully address current gaps in analysis. If a priority, the analyses can be included in the Long Range Planning Division's work program. Chapter 4 Issues (pages 27-52): This chapter discusses a myriad of issues outlined by Post-Disaster Redevelopment Planning:A Guide for Florida Communities, which is a document jointly produced at the State level by the Florida Department of Community Affairs (now the Department of Economic Opportunity) and the Florida Division of Emergency Management. The Guide is divided according to six topic areas: Housing, Infrastructure and Public Facilities, Environment, Economic Redevelopment, Land Use and Health and Social Council 2013-06-19 27 Services. Each issue in the Guide is assigned a category: Minimum (suggested to be undertaken first), Recommended (suggested to be undertaken if resources are available) and Advanced (suggested once a community has a solid foundation for hazard mitigation and disaster recovery—these are best practices). The chapter includes a brief description of each issue, how the issue is currently being addressed in Clearwater, and steps forward to ensure the issue is adequately addressed. These are all summarized in a table at the end of the chapter. Chapter 5 Plan Goals (pages 53-54): This chapter contains five goals and five strategies. Plan Goals- 1. Housing and Structural Repairs: Facilitate permissible reconstruction in a timely manner while decreasing the vulnerability of structures to future disasters. 2. Infrastructure and Public Facility Recovery: Restore utilities and repair infrastructure efficiently, while considering mitigation in long-term redevelopment of infrastructure to ensure that public investments minimize future damage. 3. Environmental Restoration: Protect and enhance natural resources to mitigate future disasters. 4. Economic Resumption: Assist businesses in adequately preparing for a disaster and enhance their ability to recover from a disaster. 5. Land Use and Development: Facilitate redevelopment in a timely manner, while seizing opportunities for mitigation. Plan Strategies- 1. Streamline Permitting 2. Get Back to Business 3. Decrease Vulnerability 4. Continue Implementation of City of Clearwater Guiding Documents 5. Continue Intergovernmental Coordination The chapter also describes the Action Plan, which is contained in Appendix C. The Action Plan implements the goals and strategies outlined above. Some actions need to take place during the pre-disaster phase, while others apply only after a disaster strikes. The Action Plan is not an exhaustive list, but a working document that can be updated as needed. Completed actions that do not need to be implemented after every disaster can be taken off the list and included in an appendix in future updates as a record of accomplishments. Not all five goals need all five strategies outlined in the chapter to be fully achieved. While some goals need all the strategies, others may only need three of the five to accomplish the overall goal. Chapter 6 Communication Plan (pages 55-62): This chapter examines the City's current ability to communicate both externally and internally. It then goes Council 2013-06-19 28 on to outline how the public can be included in implementing the PDRP, both before and after a disaster. Chapter 7 Plan Implementation and Maintenance (pages 63-66): This chapter details how the Action Plan will be implemented and how the entire PDRP will be maintained. The PDRP also includes four appendices as described below. • Appendix A— Coastal Resilience Index (Plan pages 67-68): Contains the Coastal Resilience Index Report for the City of Clearwater that City staff participated in on January 28, 2013. • Appendix B — Resources for Future Vulnerability Analyses (Plan pages 69-74): This appendix serves as an aid for City staff in the development of future vulnerability analyses. It is a detailed expansion of the brief listing that appears in Table 2 (Chapter 3) of the Plan. • Appendix C —Action Plan (Plan pages 75-84): To achieve the five goals and strategies outlined in Chapter 5, the Action Plan outlines the implementation timeline, existing plans and policies, the lead entity, required collaboration and resources needed to accomplish each action. The actions are based on the Steps Forward sections of Chapter 4. Some actions should be achieved during the pre-disaster phase as mitigation measures that increase resiliency; as these actions are accomplished, they can be moved from the Action Plan to a record of accomplished actions in updates to the PDRP. Other actions should be implemented each time the City of Clearwater declares a state of emergency, as determined necessary by the Post-Disaster Redevelopment Steering Committee, a group consisting of City senior management staff. The applicability of an action varies by the severity of the disaster. • Appendix D —Accomplished Pre-Disaster Actions (Plan page 85): This appendix is to serve as a record of PDRP pre-disaster actions from Appendix C that have been accomplished, as the Plan is implemented and updated. In response to concerns, the City Manager said staff will identify sensitive areas to Council; the plan speaks to redevelopment in the event of a disaster and there may be areas where the public will have different expectations from the City. Resolution 13-08 was presented and read by title only. Councilmember Doreen Hock- DiPolito moved to adopt Resolution 13-08. The motion was duly seconded and upon roll call, the vote was; Council 2013-06-19 29 'Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember Jay E. Polglaze. "Nays": None. 11.6 Approve Clearwater Marine Aquarium's (CMA) request to subordinate the City's reverter interest in a portion of the CMA property to a $10 million term loan and modify the existing reverter provision to reflect same, and authorize appropriate officials to execute same. The Clearwater Marine Aquarium (CMA) submitted a letter to the city manager requesting Council approval of a subordination agreement in favor of BB&T as mortgage lender to CMA. The letter and exhibits are attached. In 2010, CMA requested modification to the city reverter on a portion of the CMA property on Island Estates. The city agreed to subordinate its reverter interest to up to $8.6 million dollar loan. The current outstanding balance on that loan is $4,606,455 with an amount remaining to be drawn of$232,724. In return for the City's subordination, BB&T will provide the City with the right of first refusal to acquire its first mortgage position and/or title, if applicable, to Parcels 1, 2 and 3, should the City elect to exercise its reverter rights by paying off the existing indebtedness in the event of the Aquarium's default or demise. The subordination agreement included provisions preventing additional loans secured by these parcels and included prohibitions on the replenishment of the debt as the outstanding balance was paid down, absent City approval. That provision is not included in the current proposed agreement. The City will have no obligation to purchase the mortgage, nor is the City guaranteeing any debt. Should the Aquarium fail and/or default on the outstanding indebtedness, and BB&T pursues its mortgage rights, the City would have the option to either obtain control of the entire CMA campus (all Parcels) in return for payment of the then existing debt balance, or waive this option, with BB&T then able to proceed with foreclosure on the Parcels. Councilmember Jay Polglaze moved to approve Clearwater Marine Aquarium's (CMA) request to subordinate the City's reverter interest in a portion of the CMA property to a $10 million term loan and modify the existing reverter provision to reflect same, and authorize appropriate officials to execute same. The motion was duly seconded and carried unanimously. Council 2013-06-19 30 Miscellaneous Reports and Items 12. City Manager Verbal Reports 12.1 Provide direction to City Manager and Staff regarding specific events for the City's Centennial Celebration in 2015. Staff met individually with council members regarding events to commemorate the City's centennial in 2015.Staff is now requesting the council indicate which events they would like to pursue. Legal Office Administrator Gina DeWitt provided a PowerPoint presentation. Discussion ensued with suggestions made that events should be held monthly throughout the year in conjunction with an existing event; main event should include former Councilmembers, City Managers, and City Attorneys. It was suggested that a holiday parade at Crest Lake Park be considered. There was consensus to partner Centennial activities with existing events, pursue a commemorative book that will be sold at cost, and coordinate an art contest with local schools for a centennial logo. Staff was directed to provide Council with regular updates as the planning process progresses. The City Manager said staff will provide Council a detailed list in the coming months. Chunky Sunday Gatherings Clearwater Police Chief Anthony Holloway said staff has met with groups supporting and opposing the community gatherings. The Department will enforce the laws regarding strippers, loud music, and drugs and drinking and enforce parking. Both groups agreed to tow vehicles blocking the roadway. The City Manager said anytime there is an activity that exceeds the park facility capacity, activity organizers are advised to pursue the special events permit process. Council 2013-06-19 31 13. Closing Comments by Mayor Mayor George N. Cretekos reviewed recent and upcoming events. 14. Adjourn The meeting adjourned at 9:24 p.m. Attest City Clerk — Cttdr(L ^Cry' Q$ Mayor ity of Clearwater Council 2013 -06 -19 32 CLEARWATER CITY COUNCIL Meeting Date: 6( / l 1 j! 3 Item # As stated in Council Rules, "Representatives of a group may speak for three minutes plus an additional minute for each person in the audience that waives their right to speak, up to a maximum of ten minutes." We the undersigned designate Iii ` L P&( (' 1`9 l Q ( _ (please print) as our spokesperson and waive our right to speak. Signature r Sign t Signature AVM Print Name rer.A.tk il3zb Print Name L Print Name Signature Print Name Signature Print Name Signature Print Name Signature Print Name S: \FORMS \Public Comments at Council Meeting.doc March 18, 2008 9700 -0034 CLEARWATER CITY COUNCIL Meeting Date: LP-1°(115 Item # 1 `1 As stated in Council Rules, "Representatives of a group may speak for three minutes plus an additional minute for each person in the audience that waives their right to speak, up to a maximum of ten minutes." We the undersigned designate 4/1/1/ V ' 4//2 (please print) as our spokesperson and waive our right to speak. Signature Signature // /4 / EA /A Print Name Print Name Print Name Signature Print Name Signature Print Name Signature Print Name S: \FORMS \Public Comments at Council Meeting.doc March 18, 2008 9700 -0034 CLEARWATER CITY COUNCIL Meeting Date: b7-1g ' I Item # 4.1 As stated in Council Rules, "Representatives of a group may speak for three minutes plus an additional minute for each person in the audience that waives their right to speak, up to a maximum of ten minutes." We the undersigned designate /- y.z... as our spokesperson and waive our n t to spea (please print) Signature Signature Print Name Print Name Signature Print Name Signature Print Name Signature Print Name Signature Print Name S: \FORMS \Public Comments at Council Meeting.doc March 18, 2008 9700 -0034