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11/20/2013 CITY COUNCIL MEETING MINUTES CITY OF CLEARWATER November 20, 2013 Present: Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Doreen Hock-DiPolito, Councilmember Bill Jonson, Councilmember Jay E. Polglaze Also Present: Jill S. Silverboard - Assistant City Manager, Rod Irwin -Assistant City Manager, Pamela K. Akin - City Attorney, Rosemarie Call - City Clerk, Nicole Sprague - Official Records and Legislative Services Coordinator To provide continuity in research, items are in agenda order although not necessarily discussed in that order. 1. Call to Order— Mayor George N. Cretekos The meeting was called to order at 6:00 p.m. at City Hall. 2. Invocation — Imam Haiii Ahmed Muhammed Imamovic from Bosnian Muslim Association 3. Pledge of Allegiance —Vice Mayor Paul Gibson 4. Presentations — Given. 4.1 Citizens Academy Graduation Mayor recognized the graduates and thanked them for their participation: Gaetano Accetta, Chief Adek Alaba, Stephen Bushnell-Fowler, Thorton Wade Carlisle, Jennie Devoe, Chris Dulligan, Leann DuPont, Christina Ebanks, Anethette Garcia- Jones, Sheldon Goldberg, Bill Holland, Steve C. Lawrence, Diane Lebedeff, Pete Macchione, Kevin Pindjak, Kathleen Powers, Ryan J. Serra, Michael Short, and Amelia (Amy) Wallon. 4.2 Farm City Week Proclamation, November 22-28, 2013 - Jason Davidson, Pinellas County Farm Bureau 4.3 Hispanic Festival Presentation - Nio Fernandez, CBS Radio Council 2013-11-20 1 Mr. Fernandez and Steven Carver, CBS Radio Senior Vice President, thanked the City for their continued support and presented the Mayor with a framed autographed commemorative poster. 4.4 Jazz Holiday Presentation - Jeni Mitchell, Bob Childress & Gary Halas Messrs. Childress and Halas thanked the Council and staff for their continued support and presented Council with a framed commemorative poster signed by artists who participated in this year's event. 4.5 Tri-Rock Presentation — Ted Metellus Mr. Metellus thanked the City for their continued support and presented Council with commemorative shirts. 5. Approval of Minutes 5.1 Approve the minutes of the November 7, 2013 City Council Meeting as submitted in written summation by the City Clerk. Councilmember Bill Jonson moved to approve the minutes of the November 7, 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 Robert Foremeister requested Council to establish a liaison program to assist veterans' understanding of their health benefits. Liz Drayer expressed concerns with the sea level rising and opposed further development on the beaches. Liz Hazelton opposed the Greenlight Pinellas initiative and requested consideration to provide a 15-minute presentation at a future council meeting. Wendy Hutkin and Steve Samaha expressed concerns with beachfront homeowners roping off their beaches and suggested the City help the community with a resolution. In response to a question, the City Attorney said Council was provided a briefing on the matter. The issue is regarding the interpretation of the subdivision plat and where the mean high water line is located, which has not been determined. The City does not have a legal interest in the area of the beach in question. Regarding regulating the appearances of the posts, the matter can be raised with Planning but the ropes are not considered fences. The City Attorney said the beach area in question is not city Council 2013-11-20 2 property. Members of the subdivision and the individual property owners may have a legal interest. Scott Suarez said the backyard to his beachfront home is the beach and expressed concerns with the public accessing his backyard. Rabbi Shmuel Reich thanked the City for its participation in the Menorah lighting in front of City Hall. Anne Garris expressed concerns with impeding public access to the beach. Public Hearings - Not before 6:00 PM 7. Administrative Public Hearings 7.1 Approve the Development Agreement between Ted and Maria Lenart, Trustees of Lenart Family Trust UTD December 20, 1991 (the property owner) and the City of Clearwater, providing for the allocation of up to 69 units from the Hotel Density Reserve under Beach by Design with a change to the wording of Section 6.1.3.2 of the Development Agreement from five years from approval of the Development Agreement to one year for obtaining a site plan approval; adopt Resolution 13-31, and authorize the appropriate officials to execute same. (HDA2013-08007) Development Proposal: The owners propose to utilize the existing 64-rooms (30 of which are considered as conforming through an approved Termination of Status of Nonconformity for density (FLD2013-08025) reviewed by the Community Development Board on October 15, 2013) while requesting up to an additional 69 hotel rooms from the Hotel Density Reserve through Beach by Design resulting in a total of 103 units (150 units per acre). It should be reiterated that the maximum density permitted by Beach by Design is 150 units per acre or, for this site, 103 units. Consistency with the Community Development Code: No changes have been made to the Conceptual Site Plan presented at the October 16, 2013 Council meeting. The Conceptual Site Plan continues to appear to be consistent with the CDC with regard to: • Minimum Lot Area and Width: • Minimum Setbacks: Council 2013-11-20 3 • Maximum Height: • Minimum Off-Street Parking- Landscaping- Consistency with Beach by Design: No changes have been made to the Conceptual Site Plan presented at the October 16, 2013 Council meeting. The Conceptual Site Plan continues to appear to be consistent with the Beach by Design with regard to: • Design Guidelines • Hotel Density Reserve Standards for Development Agreements: Staff has requested minor to be made to the Development Agreement since the October 16, 2013 Council meeting as follows: Clarify in Sections 6.2.3 and 6.1.5 what occurs in the event of compliance with conditions of the Termination of Nonconformity. This language should reflect that 30 of the 69 request units from the Reserve will be returned to the Reserve thereby maintaining the maximum permitted density of 150 units per acre or a total of 103 units. Recite density in Section 4.1. In Section 6.1.6, replace overnight hotel guests with members of the public as overnight hotel guests. Remove the reference to the timeframe, which allows up to five years for obtaining development approval in Section 6.1.3.2 and replace with one year and add language that the site plan must be approved and construction started within the timeframes as set forth in the CDC. Attach Conceptual Plan as Exhibit B and title that Exhibit accordingly. Council 2013-11-20 4 Change Site Plan to Conceptual Site Plan in Section 6.1.3.1 and anywhere else where the intent is to refer to the Conceptual Site Plan. Add provisions regarding the provision of a bond as follows: Developer agrees to provide a cashier's check, a payment and performance bond, or letter of credit in the amount of 115% of the estimated costs of the public facilities and services to be deposited with the City to secure construction of any new public facilities and services required to be constructed by this Agreement. Such construction shall be completed prior to issuance of a Certificate of Occupancy for the Project. The applicant did not incorporate the requested change with regard to item four, above, and is reflected in Staff's recommendation. 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 rooms from the Hotel Density Reserve under Beach by Design and includes the following main provisions: • Provides for the allocation of up to 69 units from the Hotel Density Reserve or a maximum density of 150 units per acre, whichever is less; • Requires the developer to obtain building permits and certificates of occupancy in accordance with (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. Changes to Development Agreements: Pursuant to Section 4-606.1., CDC, a Development Agreement may be amended by mutual consent of the parties, provided the notice and public hearing Council 2013-11-20 5 requirements of Section 4-206 are followed. Revisions to conceptual site plans and/or architectural elevations attached as exhibits to this Development Agreement shall be governed by the provisions of Section 4-406, CDC. Minor revisions to such plans may be approved by the Community Development Coordinator. Other revisions not specified as minor shall require an amendment to this Development Agreement. The Planning and Development Department is recommending approval of this Development Agreement for the allocation of up to 69 units from the Hotel Density Reserve under Beach by Design with a change to the wording of Section 6.1.3.2 from five years from approval of the Development Agreement to one year for obtaining of site plan approval. Applicant representative Katie Cole said a revised development agreement, indicating the requested three years, was submitted to staff. The Applicant is the owner/operator of the facility and has expressed three years is needed to proceed deliberately and diligently for a successful project. Discussion ensued with support expressed for a two-year or three-year timeframe. In response to a question, Planning and Development Assistant Director Gina Clayton said staff is trying to implement the development reserve process as if the site plan went concurrently with the development agreement; the typical issued development order provided the applicant one year to commence construction. Staff did not identify an issue until the new hotel density reserve process was enacted. Assistant City Attorney Leslie Dougall-Sides said the Applicant was caught in a situation when the original 5- year timeframe was reduced to one-year. The City Attorney said the issue of one year was raised fairly late in the process. If the Applicant was told from the beginning that the timeframe was one year, they may have chosen not to apply. It was suggested that the Applicant be provided 3 years as the timeframe issue was raised late in the process and all future applicants be provided one year. It was stated that the program was intended to restore the number of density units. Councilmember Jay Polglaze moved to approve the Development Agreement between Ted and Maria Lenart, Trustees of Lenart Family Trust UTD December 20, 1991 (the property owner) and the City of Clearwater, providing for the allocation of up to 69 units from the Hotel Density Reserve under Beach by Design with three years from approval of the Development Agreement for obtaining a site plan approval, and directed staff to implement a one-year time frame for all future Council 2013-11-20 6 applicants to obtain site plan approval. The motion was duly seconded and carried unanimously. Resolution 13-31 was presented and read by title only. Vice Mayor Paul Gibson moved to adopt resolution 13-31. 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, Councilmember Jay E. Polglaze "Nays": None 7.2 Approve the annexation, initial Future Land Use Map designations of Water Drainage Feature, Drainage Feature Overlay, Residential Low (RL), and Preservation (P) and initial Zoning Atlas designations of Low Density Residential (LDR) and Preservation (P) for 2854 Sunstream Lane (Metes and Bounds Tract 13/01 in Section 32, Township 28 N, Range 16 E); and pass Ordinances 8494- 13, 8495-13 and 8496-13 on first reading. (ANX2013-08024) This voluntary annexation petition involves a 14.698-acre property consisting of one vacant parcel of land. It is located approximately 1/3 of a mile south of Enterprise Road and approximately 1/3 of a mile west of Landmark Drive. The applicant is requesting this annexation in order to receive water, sanitary sewer, and solid waste service from the City. The applicant also intends to develop the property with approximately thirty residential lots, but has not submitted plans at this time. The property is contiguous to existing City boundaries in all directions. It is proposed that the property be assigned a Future Land Use Map designation of Water Drainage Feature, Drainage Feature Overlay, Residential Low (RL), and Preservation (P) and a Zoning Atlas designation of Preservation (P) and Low Density Residential (LDR). 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 closest sewer line is located in the Parkstream Avenue right-of-way, and the applicant is aware of the additional costs to expend City sewer to this property. Collection of solid waste will be provided by the City of Clearwater. The property is located within Police District III and service will be administered through the district headquarters located at 2851 North McMullen Booth Road. Fire and emergency medical services will be provided to this property by Station 50 located at 2681 Countryside Boulevard. Due to the size of the property (greater than 10 Council 2013-11-20 7 acres), an Ability to Serve Report was compiled and submitted to the Pinellas Planning Council. The outcome of this report indicated that the City has adequate capacity to provide potable water, sanitary sewer, solid waste, police, fire protection, emergency medical services, library, and recreation services to the subject property. 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 Water/Drainage Feature, Drainage Feature Overlay, Residential Low (RL), and Preservation (P) Future Land Use Map categories are consistent with the current Countywide Plan designation of this property. The RL designation primarily permits residential uses at a density of five units per acre. The Preservation (P), Water/ Drainage Feature, and the Drainage Feature Overlay designations are used to indicate water bodies and/or drainage features on the parcel (Lake Chautauqua). The proposed zoning districts to be assigned to the property are the Low Density Residential (LDR) and Preservation (P) Districts. The proposed use of the subject property is consistent with the uses allowed in the Low Density Residential (LDR) 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, east, west, and south; therefore, the annexation is consistent with Florida Statutes Chapter 171.044. Councilmember Bill Jonson moved to approve the annexation, initial Future Land Use Map designations of Water Drainage Feature, Drainage Feature Overlay, Residential Low (RL), and Preservation (P) and initial Zoning Atlas designations of Low Density Residential (LDR) and Preservation (P) for 2854 Sunstream Lane (Metes and Bounds Tract 13/01 in Section 32, Township 28 N, Range 16 E). The motion was duly seconded and carried unanimously. Council 2013-11-20 8 Councilmember Bill Jonson departed Chambers. Ordinance 8494-13 was presented and read by title only. Councilmember Doreen Hock-DiPolito moved to pass Ordinance 8494-13 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 Jay E. Polglaze "Nays": None Councilmember Bill Jonson returned to Chambers. Ordinance 8495-13 was presented and read by title only. Councilmember Jay Polglaze moved to pass Ordinance 8495-13 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, Councilmember Jay E. Polglaze "Nays": None Ordinance 8496-13 was presented and read by title only. Vice Mayor Paul Gibson moved to pass Ordinance 8496-13 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, Councilmember Jay E. Polglaze "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 1247 Union Street (Lot 18, Block A, Cleardun Subdivision); and pass Ordinances 8485-13, 8486-13 and 8487-13 on first reading. (ANX2013-08025) This voluntary annexation petition involves a 0.141-acre property consisting of one parcel of land occupied by a single-family dwelling. It is located on the south side of Union Street, approximately 600 feet west of Betty Lane (County Road 355). The applicant is requesting annexation in order to receive solid waste Council 2013-11-20 9 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). 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 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 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 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 Council 2013-11-20 10 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. 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 1247 Union Street (Lot 18, Block A, Cleardun Subdivision). The motion was duly seconded and carried unanimously. Ordinance 8485-13 was presented and read by title only. Councilmember Doreen Hock-DiPolito moved to pass Ordinance 8485-13 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, Councilmember Jay E. Polglaze "Nays": None Ordinance 8486-13 was presented and read by title only. Councilmember Jay Polglaze moved to pass Ordinance 8486-13 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, Councilmember Jay E. Polglaze "Nays": None Ordinance 8487-13 was presented and read by title only. Vice Mayor Paul Gibson moved to pass Ordinance 8487-13 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, Councilmember Jay E. Polglaze "Nays": None 7.4 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 1501 Laurel Drive (Lot 1, NOB HILL subdivision); and pass Council 2013-11-20 11 Ordinances 8488-13, 8489-13 and 8490-13 on first reading. (ANX2013-08026) This voluntary annexation petition involves a 0.178-acre property consisting of one parcel of land occupied by a single-family dwelling. It is on the southeast corner of Laurel Drive and Nursery Road (County Road 474). 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 south and the north. 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 Clearwater Community Development Code Section 4-604.E as follows: The property currently receives water service from the City. The closest sewer line is located in the Nursery Road 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 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 Residential Low (RL) 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 five 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 Council 2013-11-20 12 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 and 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 Low (RL) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1501 Laurel Drive (Lot 1, NOB HILL subdivision). The motion was duly seconded and carried unanimously. Ordinance 8488-13 was presented and read by title only. Councilmember Doreen Hock-DiPolito moved to pass Ordinance 8488-13 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, Councilmember Jay E. Polglaze "Nays": None Ordinance 8489-13 was presented and read by title only. Councilmember Jay Polglaze moved to pass Ordinance 8489-13 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, Councilmember Jay E. Polglaze "Nays": None Ordinance 8490-13 was presented and read by title only. Vice Mayor Paul Gibson moved to pass Ordinance 8490-13 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, 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 Medium Density Residential (MDR) District for 1248 Sunset Point Road (Lots 9 and 10, South Binghampton Council 2013-11-20 13 Park Subdivision) together with the abutting right-of-way of Chenango Avenue; and pass Ordinances 8491-13, 8492-13 and 8493-13 on first reading.(ANX2013- 08027) This voluntary annexation petition involves a 0.321-acre property consisting of one parcel of land occupied by a personal storage building. It is located on the northwest corner of Sunset Point Road (County Road 576) and Chenango Avenue. The applicant is requesting annexation in order to 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 east and 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 Medium Density Residential (MDR). 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. 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 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 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 Council 2013-11-20 14 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 Medium Density Residential (MDR) District. The existing use of the property has remained unchanged since constructed in 1965; however, this non-residential use is not allowed in the Medium Density Residential (MDR) District. The owner has been advised that this would be a nonconforming use within the City and is aware of the provisions of Community Development Code Article 6 Nonconformity Provisions which apply to this property once annexed into the City; and The property proposed for annexation is contiguous to existing City boundaries to the east and the south; therefore, the annexation is consistent with Florida Statutes Chapter 171.044. In response to a question, Planning and Development Assistant Director Gina Clayton said normal maintenance repair is allowed on nonconforming uses. The owner cannot expand or improve beyond its value. If the storage unit is damaged by greater than 50%, the owner must remove it. Councilmember Bill Jonson moved to approve the annexation, initial Future Land Use Map designation of Residential Urban (RU) and initial Zoning Atlas designation of Medium Density Residential (MDR) District for 1248 Sunset Point Road (Lots 9 and 10, South Binghampton Park Subdivision) together with the abutting right-of-way of Chenango Avenue. The motion was duly seconded and carried unanimously. Ordinance 8491-13 was presented and read by title only. Councilmember Doreen Hock-DiPolito moved to pass Ordinance 8491-13 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, Councilmember Jay E. Polglaze "Nays": None Ordinance 8492-13 was presented and read by title only. Councilmember Jay Polglaze moved to pass Ordinance 8492-13 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, Councilmember Jay E. Polglaze "Nays": None Council 2013-11-20 15 Ordinance 8493-13 was presented and read by title only. Vice Mayor Paul Gibson moved to pass Ordinance 8493-13 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, Councilmember Jay E. Polglaze "Nays": None 7.6 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 1962 Chenango Avenue (Lot 17, Floradel Subdivision); and pass Ordinances 8499-13, 8500-13 and 8501-13 on first reading. (ANX2013-09028) This voluntary annexation petition involves a 0.144-acre property consisting of one parcel of land occupied by a single-family dwelling. It is located on the west side of Chenango Avenue, approximately 970 feet north of Sunset Point Road (County Road 576). 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 west. 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 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 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 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: Council 2013-11-20 16 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 west; 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 1962 Chenango Avenue (Lot 17, Floradel Subdivision). The motion was duly seconded and carried unanimously. Ordinance 8499-13 was presented and read by title only. Councilmember Doreen Hock-DiPolito moved to pass Ordinance 8499-13 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, Councilmember Jay E. Polglaze "Nays": None Ordinance 8500-13 was presented and read by title only. Councilmember Jay Polglaze moved to pass Ordinance 8500-13 on first reading. The motion was duly seconded and upon roll call, the vote was: Council 2013-11-20 17 'Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Doreen Hock-DiPolito, Councilmember Bill Jonson, Councilmember Jay E. Polglaze "Nays": None Ordinance 8501-13 was presented and read by title only. Vice Mayor Paul Gibson moved to pass Ordinance 8501-13 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, Councilmember Jay E. Polglaze "Nays": None 7.7 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 1222 Palm Street (Lot 33 and East 4 feet of Lot 34, Block A, Cleardun Subdivision); and pass Ordinances 8502-13, 8503-13 and 8504-13 on first read ing.(ANX2013-09029) This voluntary annexation petition involves a 0.151-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 360 feet east of Douglas Avenue (County Road 345). 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 west and 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). 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 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 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 51 located at 1720 Overbrook Avenue. The City has adequate Council 2013-11-20 18 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 west and to the south; 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 1222 Palm Street (Lot 33 and East 4 feet of Lot 34, Block A, Cleardun Subdivision). The motion was duly seconded and carried unanimously. Ordinance 8502-13 was presented and read by title only. Councilmember Doreen Hock-DiPolito moved to pass Ordinance 8502-13 on first reading. The motion was duly seconded and upon roll call, the vote was: Council 2013-11-20 19 'Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Doreen Hock-DiPolito, Councilmember Bill Jonson, Councilmember Jay E. Polglaze "Nays": None Ordinance 8503-13 was presented and read by title only. Councilmember Jay Polglaze moved to pass Ordinance 8503-13 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, Councilmember Jay E. Polglaze "Nays": None Ordinance 8504-13 was presented and read by title only. Vice Mayor Paul Gibson moved to pass Ordinance 8504-13 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, Councilmember Jay E. Polglaze "Nays": None 7.8 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 1946 Chenango Avenue (South 31 feet of Lot 22, Floradel Subdivision); and pass Ordinances 8505-13, 8506-13 and 8507-13 on first read ing.(ANX2013-09030) This voluntary annexation petition involves a 0.182-acre property consisting of one parcel of land occupied by a single-family dwelling. It is located on the west side of Chenango Avenue, approximately 700 feet north of Sunset Point Road (County Road 576). 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 west. 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 2013-11-20 20 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 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 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 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 west; 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 Council 2013-11-20 21 Medium Density Residential (LMDR) District for 1946 Chenango Avenue (South 31 feet of Lot 22, Floradel Subdivision). The motion was duly seconded and carried unanimously. Ordinance 8505-13 was presented and read by title only. Councilmember Doreen Hock-DiPolito moved to pass Ordinance 8505-13 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, Councilmember Jay E. Polglaze "Nays": None Ordinance 8506-13 was presented and read by title only. Councilmember Jay Polglaze moved to pass Ordinance 8506-13 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, Councilmember Jay E. Polglaze "Nays": None Ordinance 8507-13 was presented and read by title only. Vice Mayor Paul Gibson moved to pass Ordinance 8507-13 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, Councilmember Jay E. Polglaze "Nays": None 7.9 Approve amendments to the Community Development Code providing for flexibility in the placement of accessory detached garages in attached dwelling developments of more than 100 units and pass Ordinance 8498-13 on first reading. (TA2013-09008) The Community Development Code requires any detached accessory garage to be located behind the front edge of the principal structure. New attached dwelling developments typically provide garages for a certain number of units and require those garages to be located in a manner that is easy to access and convenient for residents. Flexibility may be needed in the placement of garages due to lot size, Council 2013-11-20 22 lot configuration, environmental constraints and other site considerations. Proposed Ordinance 8498-13 amends Section 3-201.13 to allow accessory detached garages to be located forward of the principal structure provided certain design and locational criteria are met. Below is a summary of the main provisions of the proposed ordinance. • Proposed ordinance only applies to developments exceeding 100 units and ones that are not located in areas governed by special area plans/redevelopment plans or in designated activity centers or along redevelopment corridors. • Requires garages to maintain a 25 foot front setback; • Requires garages to be located in a manner that does not obstruct access to the dwellings; • Requires garages to have the same colors, roof design, and architectural features of the main buildings and appear to be habitable space from the street; • Limits rows of detached garages in front of the principal building to 80 feet in length and requires a horizontal or vertical modulation of two feet for every 40 feet in length; and • Prohibits such garages to be used as habitable space e.g. converted to dwelling units. The Planning and Development Department has determined that the proposed text amendment to the Community Development Code is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan and the Community Development Code as outlined in the staff report. The Community Development Board (CDB) reviewed the proposed text amendment at its meeting of October 15, 2013 and unanimously recommended approval of the amendment. In response to questions, Planning and Development Assistant Director Gina Clayton said the development community has expressed an interest in the amendments. The City's Comprehensive Plan includes designated redevelopment corridors (i.e., Gulf-to- Bay Boulevard, Missouri A, etc.) that are subject to the limitations. Councilmember Bill Jonson moved to approve amendments to the Community Development Code providing for flexibility in the placement of accessory detached garages in attached dwelling developments of more than 100 units. The motion was duly seconded and carried unanimously. Ordinance 8498-13 was presented and read by title only. Councilmember Doreen Hock-DiPolito moved to pass Ordinance 8498-13 on first reading. The motion was duly seconded and upon roll call, the vote was: Council 2013-11-20 23 'Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Doreen Hock-DiPolito, Councilmember Bill Jonson, Councilmember Jay E. Polglaze "Nays": None The Council recessed from 7:59 p.m. to 8:05 p.m. 8. Second Readings - Public Hearing 8.1 Adopt Ordinance 8436-13 on second reading, establishing an exemption from certain ad valorem taxes for certain new businesses and expansions of existing businesses; providing for an application, continuing performance and City Council revocation. Ordinance 8436-13 was presented and read by title only. Councilmember Jay Polglaze moved to adopt Ordinance 8436-13 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, Councilmember Jay E. Polglaze "Nays": None 8.2 Adopt Ordinance 8479-13 on second reading, relating to red light camera enforcement establishing procedures for hearings before a local hearing officer. Ordinance 8479-13 was presented and read by title only. The City Attorney said the ordinance must be amended to reflect the correct effective date; a motion to amend is needed. Councilmember Bill Jonson moved to amend the effective date of the ordinance to reflect January 1, 2014. The motion was duly seconded and carried unanimously. Vice Mayor Paul Gibson moved to adopt Ordinance 8479-13 as amended. 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, Councilmember Jay E. Polglaze Council 2013-11-20 24 "Nays": None 9. Consent Agenda —Approved as submitted. 9.1 Approve a Purchase Order (contract) in the amount of$860,000 to DevTech of Avon Park, FL, for the purchase of metering equipment associated with the Clearwater Gas System (CGS) Automated Meter Reading (AMR) Project Phase II, and authorize the appropriate officials to execute same. (consent) 9.2 Award a Purchase Order (contract) with Phoenix Energy, Inc. in the amount of $492,774.07 for the design and installation of equipment upgrades for the Clearwater compressed natural gas (CNG) refueling station; approve a Purchase Order (contract) with ANGI, Inc. in the amount of$311,938.55 for the direct equipment purchase of a CNG compressor assembly; approve a Purchase Order (contract) with PSB Industries Inc. in the amount of$63,454.74 for the direct purchase of a CNG gas dryer; approve a Purchase Order (contract) with CP Industries in the amount of$87,000 for the direct purchase of CNG storage tubes; approve the transfer of funds in the amount of$300,000 from project 315- 96374 to 315-96387, and authorize the appropriate officials to execute same. consent 9.3 Approve Department of Environmental Protection (DEP) Agreement, MV055 Amendment 2, for Clean Vessel Act Grant Program CVA11-615 funding for the purchase of a new waste disposal pump at the Clearwater Beach Marina, and the operation, maintenance and repair of the pump out vessel, and authorize the appropriate officials to execute same. (consent) 9.4 Approve an amendment to the previously signed contract between The Governor's Commission on Volunteerism and Community Service, d/b/a Volunteer Florida, and the City of Clearwater pertaining to the AmeriCorps Clearwater program for the period January 1, 2014 through December 31, 2014, and authorize the appropriate officials to execute same. (consent) 9.5 Approve Change Order 5 to Central Florida Contractors, Inc. of Seminole, Florida for the 2011 Sidewalk Contract (11-0012-EN) in the amount of $200,000.00, a time extension of 360 days and authorize the appropriate officials to execute same. (consent) 9.6 Approve the License Agreement between the City of Clearwater and Salt Block 57, LLC for the exclusive use of City Parking Lot 32; and authorize the appropriate officials to execute same. (consent) Council 2013-11-20 25 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 10. Other Items on City Manager Reports 10.1 Approve a senior exemption for long-term resident, low-income seniors under the criteria of Amendment 11 approved by the voters in November 2012 and pass Ordinance 8522-13 on first reading. In addition to the homestead exemption for residential homeowners, the City of Clearwater currently provides an additional $25,000 senior exemption for qualifying senior residential homeowners. From the 2012 tax roll, the value of property receiving this exemption is $32,056,116 and the budget impact of lost revenue from this exemption is approximately $165,000.Amendment 11, which was approved by the voters in November 2012, gives the City the option to adopt a senior exemption for long-term resident, low-income seniors. The new exemption exempts 100% of the assessed value of a senior's homesteaded property if the just value is less than $250,000; the owner is 65; the property has been the owner's permanent residence for at least 25 years; and the owner's household income is less than the limit established for the current low-income senior exemption (currently $27,590).This additional senior exemption of $250,000 must be authorized by a super majority (a majority plus one) vote of the City Council. The deadline to establish the Amendment 11 senior exemption is December 1, 2013 for 2014. Councilmember Bill Jonson moved to approve a senior exemption for long-term resident, low-income seniors under the criteria of Amendment 11 approved by the voters in November 2012. Motion failed for lack of a second. 10.2 Approve documents to be used in the implementation of the Economic Development Ad Valorem Tax Exemption Ordinance, Exhibit A - Application for Economic Development Ad Valorem Tax Exemptions, Exhibit A Attachment - DR-418, Exhibit B - Business Maintenance and Continued Performance Agreement, and Exhibit C - Annual Report, and adopt Resolution 13-32. On November 20, 2013, the City Council will duly pass on second reading Ordinance 8436-13 amending the Code of Ordinances of the City of Clearwater, creating Chapter 29, Article VII, known as the City of Clearwater Economic Development Ad Valorem Tax Exemption Ordinance (ED AVTE Ordinance).The Council 2013-11-20 26 ED AVTE Ordinance requires the collection, evaluation, and certification of certain information provided by qualifying New Businesses and Existing Businesses as defined within. Further, the Ordinance requires the City enter a Business Maintenance and Continued Performance Agreement with the qualifying New Business or Existing Business and annually collect, evaluate, and certify during the exemption period the business receiving the exemption continues to meet the established requirements. This Resolution adopts substantially in form the documents Economic Development and Housing staff will use in the implementation of the aforementioned ED AVTE Ordinance. Councilmember Doreen Hock-DiPolito moved to approve documents to be used in the implementation of the Economic Development Ad Valorem Tax Exemption Ordinance, Exhibit A - Application for Economic Development Ad Valorem Tax Exemptions, Exhibit A Attachment - DR-418, Exhibit B - Business Maintenance and Continued Performance Agreement, and Exhibit C - Annual Report. The motion was duly seconded and carried unanimously. Resolution 13-32 was presented and read by title only. Councilmember Jay Polglaze moved to adopt Resolution 13-32. 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, Councilmember Jay E. Polglaze "Nays": None 10.3 Amend Chapter 2, Article V, Division 4, Section 2.447(3), Clearwater Code of Ordinances, relating to the allocation of income of the Firefighters' Supplementary Pension and Retirement Plan, and pass Ordinance 8509-13 on first reading. Section 2.447(3) requires the income in the Firefighters' Supplementary Pension and Retirement Plan to be allocated monthly during the plan year among the participants' accounts based on the ratio between the account balance of each participant at the time of allocation and the sum of the account balances of all participants at the time of allocation. The amendment will authorize the plan trustees to allocate income quarterly based on the above ratio for income earned on a quarterly basis Council 2013-11-20 27 Vice Mayor Paul Gibson moved to Amend Chapter 2, Article V, Division 4, Section 2.447(3), Clearwater Code of Ordinances, relating to the allocation of income of the Firefighters' Supplementary Pension and Retirement Plan. The motion was duly seconded and carried unanimously. Ordinance 8509-13 was presented and read by title only. Councilmember Bill Jonson moved to pass Ordinance 8509-13 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, Councilmember Jay E. Polglaze "Nays": None 10.4 Amend Clearwater Code of Ordinances Section 2.474 (1), concerning investments in debt securities by the Clearwater Police Officers Supplementary Pension and Retirement Plan, and pass Ordinance 8526-13 on first reading. Currently, the Board of Trustees of the Clearwater Police Officers' Supplementary Pension and Retirement Plan can invest in debt securities so long as the securities hold a rating in one of the three highest classifications by a major rating service, and if such investments are made in a pooled fund or mutual fund, then so long as the rating of each issue in the pooled fund holds a rating within the top three rating classifications of a major rating service. The amendment will authorize the Board of Trustees to invest in debt securities so long as the average rating of the entire debt securities portfolio is rated A or higher by a major rating service. Councilmember Doreen Hock-DiPolito moved to Amend Clearwater Code of Ordinances Section 2.474 (1), concerning investments in debt securities by the Clearwater Police Officers Supplementary Pension and Retirement Plan. The motion was duly seconded and carried unanimously. Councilmember Jay Polglaze moved to pass Ordinance 8526-13 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, Councilmember Jay E. Polglaze "Nays": None Council 2013-11-20 28 10.5 Amend Chapter 2, Clearwater Code of Ordinances, to create Section 2.005 to depict the City Seal, renumber the current Section 2.005 to Section 2.006, and pass Ordinance 8525-13 on first reading. As part of the City's Centennial celebration, the Council decided that it wanted to adopt a new City Seal. The previous seal was adopted by ordinance, but the image of the seal was not codified as a specific section of the Code. Ordinance 8525-13 codifies the Seal as chosen by the City Council to replace the current seal and renumbers the existing subsections regarding usage of the official City Seal. Councilmember Jay Polglaze moved to amend Chapter 2, Clearwater Code of Ordinances, to create Section 2.005 to depict the City Seal, renumber the current Section 2.005 to Section 2.006. The motion was duly seconded and carried unanimously. Ordinance 8525-13 was presented and read by title only. Vice Mayor Paul Gibson moved to pass Ordinance 8525-13 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, Councilmember Jay E. Polglaze "Nays": None 10.6 Approve the Purchase Contract for the City purchase of real property located at 1140 Brownell Street, Clearwater, with a purchase price of$92,000 and total expenditures not to exceed $103,350 including closing costs and demolition expenses; authorize the appropriate officials to execute same, together with all other instruments required to affect closing; and authorize the use of General Fund reserves to fund the costs of$103,350. The subject property is located at 1140 Brownell Street and is currently improved with a single-family residential structure containing 768 square feet of living area. The parcel is approximately 6,561 square feet and lies among non- contiguous property assembled for the new construction of Fire Station 45. If left in private ownership, the Fire Station campus will effectively surround this residential structure. Council 2013-11-20 29 If acquired, the property would be assembled with existing city land holdings and would offer the opportunity to vacate a portion of Brownell Street adding 5,400 square feet to the city assemblage. All property within the assemblage would be contiguous. City staff first attempted to negotiate with the property owner in 2011; discussions were unsuccessful. The negotiated purchase price is a result of the most recent discussions with the property owner spanning several months. The purchase contract represents the lowest purchase price that the seller would accept. An independent appraisal was performed on the property by Nash and Associates Appraisal Services, Inc. The appraiser determined that the fair market value of the property was $55,000 as of the appraisal date of April 27, 2013. Funding for this contract will be provided by a first quarter budget amendment allocating General Fund reserves in the amount of$103,350 to capital project 315-91253, Main Fire Station. The balance in General Fund reserves is approximately $17.9 million, or 15.6% of the 2013/14 General Fund operating budget. Inclusive of the $1.4 million used to fund the current operating budget, a total of$1,801,943 of General Fund reserves has been used to date to fund expenditures in the 2013/14 operating budget. In response to questions, Real Estate Services Coordinator Chuck Lane said no parking spaces will be installed on the parcel. The property was appraised as a single-family residence. The appraised value on a sq. ft. basis will decrease once the fire station is constructed. Fire Chief Robert Weiss said the current property owner would experience the noise and activities associated with a functioning 24-hour fire station. Acquiring the site will improve security between the facility and employee parking area after demolition. Discussion ensued with concerns expressed with the proposed purchase cost, which is above fair market value. It was stated that the property owner refused to negotiate with the City prior to design. In response to questions, the City Attorney said the City could have obtained the property via eminent domain if it was a necessity to the site, which would require the City to pay for the property owner's expenses for counsel, appraisals, and expert witnesses. The property value is established by a jury. The City Attorney said Council did not discuss eminent domain; Council decided to design the project around the residence. One individual expressed concern that the appraised value of$55,000 would not allow the property owner to purchase a comparable living quarters; the property owner is working with a realtor. Council 2013-11-20 30 Mr. Lane said staff understands the property owner would have difficulty purchasing a comparable turnkey home at the appraised value. Councilmember Bill Jonson moved to approve the Purchase Contract for the City purchase of real property located at 1140 Brownell Street, Clearwater, with a purchase price of$92,000 and total expenditures not to exceed $103,350 including closing costs and demolition expenses; authorize the appropriate officials to execute same, together with all other instruments required to affect closing; and authorize the use of General Fund reserves to fund the costs of$103,350. The motion was duly seconded. Councilmembers Doreen Hock-DiPolito, Bill Jonson, and Jay Polglaze voted "Aye"; Mayor George Cretekos and Vice Mayor Paul Gibson voted "Nay". Motion carried. 10.7 Authorize files related to the City's State lobbying services with Pennington Law Firm be transferred to Peter Dunbar. The City has been informed that Peter Dunbar and Martha Edenfield are leaving Pennington Law Firm to join the law firm of Dean, Mead, Egerton, Bloodworth, Capouano and Bozarth, P.A. The City may 1) remain with Pennington, 2) transfer files to Peter Dunbar, or 3) retain new counsel. Councilmember Doreen Hock-DiPolito moved to authorize files related to the City's State lobbying services with Pennington Law Firm be transferred to Peter Dunbar. The motion was duly seconded and carried unanimously. Miscellaneous Reports and Items 11. City Manager Verbal Reports — None. 12. Closing Comments by Mayor Mayor George N. Cretekos reviewed recent and upcoming events. Council 2013-11-20 31 13. Adjourn The meeting adjourned at 8:50 p.m. Mayor Attest City of Clearwater t■Iti / 4tL City Clerk Council 2013 -11 -20 32