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01/16/2014 CITY COUNCIL MEETING MINUTES CITY OF CLEARWATER iiii wary Present: Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Bill Jonson, Councilmember Jay E. Polglaze Also Present: William B. Horne II - City Manager, Jill S. Silverboard - Assistant City Manager, Rod Irwin - Assistant City Manager, Pamela K. Akin - City Attorney, Rosemarie Call - City Clerk To provide continuity for research, items are listed in agenda order although not necessarily discussed in that order. 1. Call to Order— Mayor George Cretekos Mayor George Cretekos called the meeting to order at 6:00 p.m. at City Hall. It was stated that Councilmember Doreen Hock-DiPolito was away on business and unable to attend. 2. Invocation — Rev. Norma Fontaine-Philbert from Garden of Grace Ministries 3. Pledge of Allegiance — Councilmember Jay Polglaze 4. Presentations — Given. 4.1 Service Awards One service award was presented to a city employee. 4.2 Human Trafficking Awareness Month Proclamation, January 2014 - Police Chief Holloway 4.3 Students Working Against Tobacco - Steven Sergent, Florida Dept of Health A PowerPoint presentation was provided. Council requested that Mr. Sergent provide a sample resolution prohibiting the sale and marketing of flavored tobacco products for the Council's consideration on February 6, 2014. Council 2014-01-16 1 6. Citizens to be Heard re Items Not on the Agenda Joseph Corvino expressed concerns with the Clearwater Marine Aquarium delaying the results of the feasibility study and suggested that the study undergo an independent review. Public Hearings - Not before 6:00 PM 5. Approval of Minutes 5.1 Approve the minutes of the December 19, 2013 City Council Meeting as submitted in written summation by the City Clerk. It was suggested that line 20 on page 22 be deleted as the discussion did not specify specific improvements along Gulf to Bay Boulevard. Discussion ensued with consensus to amend the statement to reference improvements from US Highway 19 to McMullen Booth Road. Councilmember Bill Jonson moved to amend page 22, line 20, to read "...Mr. Dunbar said median improvements along Gulf to Bay Boulevard, east of US Highway 19, would be presented during the next grant cycle." and approve the December 19, 2013 City Council Minutes. The motion was duly seconded and carried unanimously. 7. Administrative Public Hearings 7.1 Approve the annexation, initial Future Land Use Map designations of Residential Low (RL), Residential Medium (RM), Preservation (P), and Drainage Feature Overlay and initial Zoning Atlas designations of Low Medium Density Residential (LMDR), Medium Density Residential (MDR), and Preservation (P) districts for 1881 Diane Drive; 1750 Evans Drive; 2719 and 2725 Morningside Drive; 1761 Owen Drive; 1801 Skyland Drive; 2743/2745 South Drive; 2751/2753 South Drive; 1819 Carlton Drive; 2715 and 2718 Woodring Drive; and 1753 Lucas Drive (all parcels are located in Section 05, Township 29 South, Range 16 East), together with certain abutting rights of way of: Morningside Drive, Woodring Drive, Diane Drive, South Drive and Evans Drive; and pass Ordinances 8530-14, 8531-14 and 8532-14 on first read ing.(ATA2013-11002) The City of Clearwater Planning and Development Department identified an area within the Clearwater Planning Area with a large concentration of properties with Agreements to Annex (ATAs) that are eligible for annexation. These properties are located east of U.S. Highway 19, north of State Road 590, south of South Drive, and west of El Trinidad Drive. Subdivisions in this area include Virginia Grove Terrace, Carlton Terrace, and Pinellas Terrace. The Department identified Council 2014-01-16 2 a total of 189 properties in this area that could be annexed through a phased approach over several years, and to date 159 properties have been annexed. This application, which has been identified as Phase F of the overall annexation project, includes 12 of the 189 properties. Current or previous owners of these properties entered into ATAs between 1973 and 2011 to obtain sanitary sewer service. The Planning and Development Department is initiating this project to bring the properties into the City's jurisdiction in compliance with the terms and conditions set forth in the agreements. The Phase F properties are occupied by 10 detached dwellings and 2 attached dwellings (4 units) on 2.35 acres of land. It is proposed that approximately 2.46 acres of right-of-way throughout this area on Woodring Drive, Morningside Drive, Diane Drive, South Drive, and Evans Drive right-of-way not currently within the city limits also be annexed (please refer to the attached annexation map for the specific locations). It is proposed that 11 properties be assigned a Future Land Use Map designation of Residential Low (RL), and one property at 2743/2745 South Drive be assigned a Future Land Use Map designation of Residential Medium (RM). A major drainage ditch traverses four of these properties (2719 and 2725 Morningside Drive, 1750 Evans Drive, and 1761 Owen Drive) for which the Preservation (P) and Drainage Feature Overlay designations are proposed consistent with the ditch boundaries. It is proposed that 11 parcels be assigned the zoning designation of Low Medium Density Residential (LMDR) District with the exception of the 2743/2745 South Drive property where it is proposed that the parcel be assigned a zoning designation of Medium Density Residential (MDR). In addition, it is proposed that the aforementioned properties with the drainage ditch also be assigned the Preservation (P) zoning category. The Planning and Development Department has determined that the proposed annexation is consistent with the provisions of Community Development Code Section 4-604.E as follows: The properties currently receive sanitary sewer service from the City and water service from Pinellas County. Collection of solid waste will be provided by the City. The properties are located within Police District III and service will be administered through the district headquarters located at 2851 N. McMullen Booth Road. Fire and emergency medical services will be provided to these properties by Station 48 located at 1700 Belcher Road. The City has adequate capacity to serve the properties with solid waste, police, fire and EMS service. Water service will continue to be provided by Pinellas County. The proposed annexations will not have an adverse effect on public facility levels of service; and The proposed annexation is consistent with and promotes the following objectives and policy of the Clearwater Comprehensive Plan: Policy A.7.1.3: Invoke agreements to annex where properties located within enclaves meet the contiguity requirements of Florida Statutes Chapter 171. Council 2014-01-16 3 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. The proposed Residential Low (RL), Residential Medium (RM), Preservation (P), and Drainage Feature Overlay Future Land Use Map categories are consistent with the current Countywide Plan designation of the properties. The Residential Low (RL) designation primarily permits residential uses at a density of 5 units per acre while the Residential Medium (RM) designation primarily permits residential uses at a density of 15 units per acre. The Preservation (P) and Drainage Feature Overlay categories proposed to be applied to four properties recognize the watershed and drainage features on the properties. The proposed zoning districts to be assigned to the properties are the Low Medium Density Residential (LMDR), Medium Density Residential (MDR), and Preservation (P) Districts. The uses of the subject properties are consistent with the uses allowed in the Low Medium Density Residential (LMDR) and Medium Density Residential (MDR) Districts. However, the property located at 2751/2753 South Drive is an existing duplex, and although the use is allowed through a Flexible Development Approval within the Low Medium Density Residential (LMDR) District, the property does not meet the minimum lot width requirement and the lot size does not support the development of two units on the site based on the underlying Residential Low (RL) Future Land Use designation. T he provisions of Community Development Code Article 6 Nonconformity Provisions will apply to this property once annexed into the City. There is a second attached dwelling (two units) located at 2743/2745, which although it is an allowable use through a Flexible Development Approval in the proposed Medium Density Residential (MDR) district, the parcel does not meet the minimum lot width requirement or minimum lot area. The density is supported by the underlying Residential Medium (RM) Future Land Use designation and the lot size is consistent with the neighborhood character. All other properties meet the minimum dimensional requirements of the Low Medium Density Residential (LMDR) District; therefore, the proposed annexation is consistent with the Countywide Plan, Clearwater Comprehensive Plan, and Clearwater Community Development Code; and The properties proposed for annexation are contiguous to existing City boundaries along at least one property boundary; therefore, the annexations are consistent with Florida Statutes Chapter 171.044. Councilmember Jay Polglaze moved to Approve the annexation, initial Future Land Use Map designations of Residential Low (RL), Residential Medium (RM), Preservation (P), and Drainage Feature Overlay and initial Zoning Atlas designations of Low Medium Density Residential (LMDR), Medium Density Residential (MDR), and Preservation (P) Council 2014-01-16 4 districts for 1881 Diane Drive; 1750 Evans Drive; 2719 and 2725 Morningside Drive; 1761 Owen Drive; 1801 Skyland Drive; 2743/2745 South Drive; 2751/2753 South Drive; 1819 Carlton Drive; 2715 and 2718 Woodring Drive; and 1753 Lucas Drive (all parcels are located in Section 05, Township 29 South, Range 16 East), together with certain abutting rights of way of: Morningside Drive, Woodring Drive, Diane Drive, South Drive and Evans Drive. The motion was duly seconded and carried unanimously. Ordinance 8530-14 was presented and read by title only. Vice Mayor Paul Gibson moved to pass Ordinance 8530-14 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 Bill Jonson, Councilmember Jay E. Polglaze "Nays": None Ordinance 8531-13 was presented and read by title only. Councilmember Bill Jonson moved to pass Ordinance 8531-14 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 Bill Jonson, Councilmember Jay E. Polglaze "Nays": None Ordinance 8532-14 was presented and read by title only. Councilmember Jay E. Polglaze moved to pass Ordinance 8532-14 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 Bill Jonson, Councilmember Jay E. Polglaze "Nays": None 7.2 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 1944 Macomber Avenue (Lot 47, South Binghampton Park Subdivision) together with all of the abutting right of way of Macomber Avenue; and pass Ordinances 8527-14, 8528-14 and 8529-14 on first reading. (ANX2013-11033) This voluntary annexation petition involves a 0.136-acre property consisting of one parcel of land occupied by a single-family dwelling. It is located on the southwest corner of Macomber Avenue and State Street. 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 Council 2014-01-16 5 Idlewild/The Mall Septic-to-Sewer Project. The Planning and Development Department is requesting that the abutting right of way of Macomber Avenue also be annexed. 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 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 2014-01-16 6 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 1944 Macomber Avenue (Lot 47, South Binghampton Park Subdivision) together with all of the abutting right of way of Macomber Avenue. The motion was duly seconded and carried unanimously. Ordinance 8527-14 was presented and read by title only. Councilmember Jay Polglaze moved to pass Ordinance 8527-14 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 Bill Jonson, Councilmember Jay E. Polglaze "Nays": None Ordinance 8528-14 was presented and read by title only. Vice Mayor Paul Gibson moved to pass Ordinance 8528-14 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 Bill Jonson, Councilmember Jay E. Polglaze "Nays": None Ordinance 8529-14 was presented and read by title only. Councilmember Bill Jonson moved to pass Ordinance 8529-14 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 Bill Jonson, Councilmember Jay E. Polglaze "Nays": None 7.3 Continue Public Hearing and First Reading of Land Use Ordinance 8512-14 to February 6, 2014.(LUP2013-10006/REZ2013-10006) Continue Public Hearing and First Reading of Land Use Ordinance 8512-14 to February 6, 2014: An ordinance of the City of Clearwater, Florida, amending the Council 2014-01-16 7 future land use plan element of the comprehensive plan of the city, to change the land use designation for certain real property located on the west side of US Highway 19 approximately 445 feet north of Nursery Road, consisting of parcel no. 19/29/16/00000/410/0700 and a portion of parcel 19/29/16/00000/410/0400, whose post office address is 18820, 18830, 18840, 18850 and 18860 US Highway 19 N, Clearwater, Florida, from residential/office general (R/OG), to commercial general (CG) and residential/office/retail (R/O/R); providing an effective date. (LUP2013-10006/REZ2013-10006) Councilmember Jay Polglaze moved to continue Item 7.3 to February 6, 2014. The motion was duly seconded and carried unanimously. 7.4 Continue Public Hearing and First Reading of Land Use Ordinance 8513-14 to February 6, 2014. (LUP2013-10006/REZ2013-10006) Continue Public Hearing and first reading of Land Use Ordinance 8513-14 to February 6, 2014: An ordinance of the city of Clearwater, Florida, amending the zoning atlas of the city by rezoning certain property located on the west side of US Highway 19 approximately 445 feet north of Nursery Road, consisting of parcel no. 19/29/16/00000/410/0700 and a portion of parcel 19/29/16/00000/410/04007 whose post office address is 18820, 188307 188407 18850 and 18860 US Highway 19 N, Clearwater, Florida; from office (0) to commercial (C); providing an effective date. (LUP2013-10006/REZ2013-10006) Vice Mayor Paul Gibson moved to continue Item 7.4 to February 6, 2014. The motion was duly seconded and carried unanimously. 7.5 Continue Public Hearing and First Reading of Land Use Ordinance 8514-14 to February 6, 2014. (LUP2013-08005/REZ2013-08004) Continue Public Hearing and first reading of Land Use Ordinance 8514-14 to February 6, 2014: An ordinance of the City of Clearwater, Florida, amending the future land use plan element of the comprehensive plan of the City, to change the land use designation for certain real property 2.13 acres located at the end of Sabal Springs Drive, approximately 0.2 miles west of Countryside Boulevard, consisting of a portion of section 29, township 28 south, range 16 east, whose post office address is 2650 Sabal Springs Drive; from recreation/open space (R/OS) to institutional (I); providing an effective date. (LUP2013-08005/REZ2013- 08004) Councilmember Bill Jonson moved to continue Item 7.5 to February 6, 2014. The motion was duly seconded and carried unanimously. 7.6 Continue Public Hearing and First Reading of Land Use Ordinance 8515-14 to Council 2014-01-16 8 February 6, 2014. (LUP2013-08005/REZ2013-08004) Continue Public Hearing and first reading of Land Use Ordinance 8515-14 to February 6, 2014: An ordinance of the City of Clearwater, Florida, amending the zoning atlas of the city by rezoning certain property 2.13 acres located at the end of Sabal Springs Drive, approximately 0.2 miles west of Countryside Boulevard, consisting of a portion of section 29, township 28 south, range 16 east, whose post office address is 2650 Sabal Springs Dr.; from open space/recreation (OS/R) to institutional (I); providing an effective date. (LUP2013-08005/REZ2013- 08004) Councilmember Jay Polglaze moved to continue Item 7.6 to February 6, 2014. The motion was duly seconded and carried unanimously. 9. Consent Agenda —Approved as submitted. 9.1 Continue to February 6, 2014: Approve the Business Maintenance and Continued Performance Agreement with MarineMax, Inc., which establishes certain conditions including capital investment, new mob creation, minimum annual average wage thresholds for new employees, and other considerations as required by the City's enactment authority and reflected in Ordinance 8535- 14, and authorize the appropriate officials to execute same. (consent) 9.2 Approve the Business Maintenance and Continued Performance Agreement with Skye Lane Properties, LLC and Heritage Property and Casualty Insurance Company, which establishes certain conditions including capital investment, new mob creation, minimum annual average wage thresholds for new employees, and other considerations as required by the City's enactment authority and reflected in Ordinance 8536-14, and authorize the appropriate officials to execute same. consent 9.3 Approve the agreement between the Phillies Florida LLC and the City of Clearwater Fire and Rescue Department to provide emergency medical services at Bright House Field for 2014 baseball events as outlined in the agreement, and authorize the appropriate officials to execute same. (consent) 9.4 Approve a Purchase Order (contract), in the amount of$1,932,652.50 and award bid 04-14 to Florida Gas Contractors, Inc., for the Installation of Gas Mains and Service Lines for the period February 1, 2014 to January 31, 2015 and authorize the appropriate officials to execute same. (consent) 9.5 Approve an increase of$925,082 in the Clearwater Gas System Fiscal Year 2013/2014 Dividend to the City General Fund and allocate $250,000 of this back to the Clearwater Gas System to speed the payoff of the Clearwater Natural Gas Council 2014-01-16 9 Vehicle Fueling Station. (consent) 9.6 Approve the assignment of the City's Employee Assistance Program (EAP) services under provider MHNet Specialty Services, LLC to Aetna Behavioral Health, LLC to be effective July 1, 2014 and authorize the appropriate officials to execute same. (consent) 9.7 Approve a blanket purchase order (BPO) to Mid-Pinellas Umpire Assoc. for $200,000 to provide umpiring and scorekeeper services for recreation leagues and tournaments held in Clearwater through December 31, 2014 according to Bid 05-12. (consent) 9.8 Approve a Memorandum of Understanding (MOU) between the City of Clearwater and the Tampa Bay Veterans Alliance (TBVA) for the purpose of formalizing the intent of the parties relating to the responsibilities and obligations regarding the funding, fundraising, design, site selection, construction, installation and maintenance of a proposed Veterans War Memorial at Crest Lake Park for a proposed total project cost of$1.3 million of which the City will be responsible for 50% or$650,000, if TBVA is successful in meeting their requirements of the MOU and authorize the appropriate officials to execute same. (consent) 9.9 Approve Third Amendment to the Capitol Theatre Operating Agreement (CTOA) between the City of Clearwater (City) and Ruth Eckerd Hall, Inc. (REH); and authorize the appropriate officials to execute same. (consent) 9.10 Approve a five-year Agreement between Intelli-Mark Technologies, Inc. (ETIX) and the City of Clearwater (City) to provide ticketing solutions for City Special Events comprising of advanced internet ticket sales, box office sales, telephone sales, bulk ticket printing, support services, and ticket validation components from February 1, 2014 to January 31, 2019, and authorize the appropriate officials to execute same. (consent) 9.11 Approve renewal of the agreement with Religious Community Services, Inc. (RCS) for provision of contractual victim advocacy services in the amount of $15,000, for the period commencing January 1, 2014 through December 31, 2014, and authorize the appropriate officials to execute same. (consent) 9.12 Approve the Combined Operational Assistance and Voluntary Cooperation Agreement with the City of Tampa and the Tampa Police Department for law enforcement services for one year from the date of the execution of the Agreement, with automatic renewal for each year thereafter until canceled by one of the parties, and authorize the appropriate officials to execute same. Council 2014-01-16 10 consent 9.13 Award a contract (Purchase Order) for $425,104.00 to Stingray Chevrolet for sixteen 2014 Chevy Tahoe PPV Police Department vehicles, in accordance with 2.564(1)(d), Code of Ordinances-Other Governmental Bid; authorize lease purchase under the City's Master Lease Purchase Agreement, or internal financing via an interfund loan from the Capital Improvement Fund, whichever is deemed to be in the City's best interests; and authorize the appropriate officials to execute same. (consent) 9.14 Approve Change Order 2 to Kamminga and Roodvoets, Inc. of Tampa, Florida for the Mandalay Avenue Stormwater Outfall project (11-0031-EN) in the amount of$195,720.00, for a new contract total of$1,673,687.85 for completion of additional milling and paving and authorize the appropriate officials to execute same. (consent) 9.15 Reappoint Judith McSwine to the Library Board with term to expire January 31, 2018. (consent) 9.16 Appoint Jerri Menaul to the Public Art and Design Board (Artist category) to fill the remainder of the unexpired term until April 30, 2014. (consent) Vice Mayor Paul Gibson moved to approve the Consent Agenda as submitted and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. 7.2 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 1944 Macomber Avenue (Lot 47, South Binghampton Park Subdivision) together with all of the abutting right of way of Macomber Avenue; and pass Ordinances 8527-14, 8528-14 and 8529-14 on first reading. (ANX2013-11033) This voluntary annexation petition involves a 0.136-acre property consisting of one parcel of land occupied by a single-family dwelling. It is located on the southwest corner of Macomber Avenue and State Street. 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 Citya??s Idlewild/The Mall Septic-to-Sewer Project. The Planning and Development Department is requesting that the abutting right of way of Macomber Avenue also be annexed. 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). Council 2014-01-16 11 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 north; therefore, the annexation is consistent with Florida Statutes Chapter 171.044. Council 2014-01-16 12 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 1944 Macomber Avenue (Lot 47, South Binghampton Park Subdivision) together with all of the abutting right of way of Macomber Avenue. The motion was duly seconded and carried unanimously. Ordinance 8527-14 was presented and read by title only. Councilmember Jay E. Polglaze moved to free form pass Ordinance 8527-14 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 Bill Jonson, Councilmember Jay E. Polglaze "Nays": None Ordinance 8528-14 was presented and read by title only. Vice Mayor Paul Gibson moved to free form pass Ordinance 8528-14 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 Bill Jonson, Councilmember Jay E. Polglaze "Nays": None Ordinance 8529-14 was presented and read by title only. Councilmember Bill Jonson moved to free form pass Ordinance 8529-14 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 Bill Jonson, Councilmember Jay E. Polglaze "Nays": None 8. Second Readings - Public Hearing 8.1 Adopt Ordinance 8497-14 on second reading, amending Beach By Design, Section II, Future Land Use, Subsection F. Small Motel District by establishing minimum side setbacks; amending Section V. Catalytic Projects, Subsection B.2 Hotel Density Reserve, to expand the criteria hotels must meet in order to be eligible for an allocation of hotel rooms from the reserve; amending Section VII. Design Guidelines, regarding rear and side setbacks. Ordinance 8497-14 was presented and read by title only. Vice Mayor Paul Gibson moved to adopt Ordinance 8497-14 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Council 2014-01-16 13 'Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Bill Jonson, Councilmember Jay E. Polglaze "Nays": None 8.2 Adopt Ordinance 8516-14 on second reading, annexing certain real property whose post office address is 2071 The Mall, together with all abutting right-of- way of Arbelia Street, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Ordinance 8516-14 was presented and read by title only. Councilmember Bill Jonson moved to adopt Ordinance 8516-14 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 Bill Jonson, Councilmember Jay E. Polglaze "Nays": None 8.3 Adopt Ordinance 8517-14 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 2071 The Mall, together with all abutting right-of-way of Arbelia Street, upon annexation into the City of Clearwater, as Residential Urban (RU). Ordinance 8517-14 was presented and read by title only. Councilmember Jay E. Polglaze moved to adopt Ordinance 8517-14 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 Bill Jonson, Councilmember Jay E. Polglaze "Nays": None 8.4 Adopt Ordinance 8518-14 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 2071 The Mall, together with all abutting right-of-way of Arbelia Street, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). Ordinance 8518-14 was presented and read by title only. Vice Mayor Paul Gibson moved to adopt Ordinance 8518-14 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 Bill Jonson, Councilmember Jay E. Polglaze "Nays": None Council 2014-01-16 14 8.5 Adopt Ordinance 8519-14 on second reading, annexing certain real property whose post office address is 1734 Kings Highway, together with all abutting right-of-way of Kings Highway, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Ordinance 8519-14 was presented and read by title only. Councilmember Bill Jonson moved to adopt Ordinance 8519-14 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 Bill Jonson, Councilmember Jay E. Polglaze "Nays": None 8.6 Adopt Ordinance 8520-14 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 1734 Kings Highway, together with all abutting right-of-way of Kings Highway, upon annexation into the City of Clearwater, as Residential Low (RL). Ordinance 8520-14 was presented and read by title only. Councilmember Jay E. Polglaze moved to adopt Ordinance 8520-14 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 Bill Jonson, Councilmember Jay E. Polglaze "Nays": None 8.7 Adopt Ordinance 8521-14 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1734 Kings Highway, together with all abutting right-of-way of Kings Highway, upon annexation into the City of Clearwater, as Low Medium Density Residential L( MDR). Ordinance 8521-14 was presented and read by title only. Vice Mayor Paul Gibson moved to adopt Ordinance 8521-14 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 Bill Jonson, Councilmember Jay E. Polglaze "Nays": None 8.8 Adopt Ordinance 8523-14 on second reading, amending the Community Council 2014-01-16 15 Development Code to clarify and revise provisions and guidelines for property located in the Tourist District on Clearwater Beach to provide consistency between Beach By Design and the Community Development Code. Ordinance 8523-14 was presented and read by title only. Councilmember Bill Jonson moved to adopt Ordinance 8523-14 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 Bill Jonson, Councilmember Jay E. Polglaze "Nays": None 8.9 Adopt Ordinance 8534-14 on second reading, relating to the cost of certain discharges with specific properties to the collection and treatment of wastewater; amending Section 32.224, Clearwater Code of Ordinances to remove volume criteria and add more definitive metering verbiage. Ordinance 8534-14 was presented and read by title only. Councilmember Jay E. Polglaze moved to adopt Ordinance 8534-14 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 Bill Jonson, Councilmember Jay E. Polglaze "Nays": None 8.10 Continue to February 6, 2014: Adopt Ordinance 8535-14 on second reading, approving for MarineMax, Inc. an exemption from certain ad valorem taxation. Vice Mayor Paul Gibson moved to continue Item 8.10 to February 6, 2014. The motion was duly seconded and carried unanimously. 8.11 Adopt Ordinance 8536-14 on second reading, approving for Skye Lane Properties, LLC, a Heritage Insurance Company and Heritage Property and Casualty Insurance Company, a Heritage Insurance Company, an exemption from certain ad valorem taxation. Ordinance 8536-14 was presented and read by title only. Councilmember Bill Jonson moved to adopt Ordinance 8536-14 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 Bill Jonson, Councilmember Jay E. Polglaze "Nays": None Council 2014-01-16 16 City Manager Reports 10. Other Items on City Manager Reports 10.1 Certify that the Homeless Emergency Project, Inc., is consistent with local plans and regulations, and qualifies under the States Enterprise Zone Community Contribution Tax Credit Program under Housing for low-income persons in a non-enterprise location and adopt Resolution 14-01. Homeless Emergency Project, Inc. (HEP) is applying for sponsorship under the Enterprise Zone Community Contribution Tax Credit Program pursuant to Florida Statutes sections 212.08(5)(P), 220.183, 624.5105 and Rule 12C-1.0188 Florida Administrative Code. To become an eligible sponsor, a resolution from the local government is required. Projects designed to provide housing for low-income persons are not required to be located within an Enterprise Zone and must be consistent with local plans and regulations including the local government's adopted comprehensive plan. HEP meets the qualifying criteria. The Enterprise Zone Community Contribution Tax Credit Program (CCTCP) allows any business in Florida to receive a 50% credit on their Florida corporate income tax, insurance premium tax or sales tax refund for donations made to local community development projects. Donations must be made to an eligible sponsor conducting an approved community development project. A business may receive no more than $200,000 in community contribution tax credits annually. Once the donation has been approved by the Florida Department of Economic Opportunity, a copy of the approval letter must be submitted with the state tax return. The qualifying proposed project for this sponsorship is to increase corporate cash donations to provide designated funds for specific programs and undesignated funds for general operating expenses for HEP. Some corporations like to give undesignated donations so HEP can use the funds as they see fit. Other corporations prefer to give to a specific program or area of interest. Some companies like to contribute to youth and after school programs; others prefer employment readiness programs, while still others like to contribute to capital projects. All of these HEP programs and projects require ongoing fundraising. This project is vital to the surrounding community. HEP employs 60 full - and part-time staff, and over 1,000 volunteers annually to provide homeless and very low-income individuals and families with housing, food, clothing and support services necessary to obtain self-sufficiency and improved quality of life. HEP offers 124 units of Emergency Shelter for individuals and families with children. In Council 2014-01-16 17 addition, the agency operates 233 units of transitional and permanent supportive housing for individuals, veterans and families with children. The annual HEP operating budget exceeds $5 million. These expenses consist of costs associated with personnel, housing and occupancy, supportive services, food, program and client supplies, the dental clinic, and administration of HEP's 357-bed facility. Councilmember Jay Polglaze moved to certify that the Homeless Emergency Project, Inc., is consistent with local plans and regulations, and qualifies under the States Enterprise Zone Community Contribution Tax Credit Program under Housing for low- income persons in a non-enterprise location. The motion was duly seconded and carried unanimously. Resolution 14-01 was presented and read by title only. Vice Mayor Paul Gibson moved to adopt Resolution 14-01. The motion was duly seconded and upon roll call, the vote was: 'Ayes". Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Bill Jonson, Councilmember Jay E. Polglaze "Nays": None 10.2 Approve Skye Lane Properties, LLC for waivers and reimbursement of certain fees to encourage parking area improvements, including the construction of a parking deck, at 2600/2650 McCormick Drive, Clearwater, so as to provide certain public benefits including higher paving mob opportunities and higher intensity and density on the site which are consistent with the City's Economic Development Strategic Plan and US 19 Redevelopment Plan and adopt Resolution 14-03. The City Council Policy, General Administration, Section A—Application Fee Waivers, amended February 12, 2002, provides consideration for application fee waivers including building permit, occupational license, plan review and zoning- related application fees for projects which staff believes special considerations exist. In accordance with the Policy, staff recommends adoption of Resolution 14-03 waiving and reimbursing all application, permit, inspection, examination, and others fees paid to the City by Skye Lane Properties, LLC up to $60,000 based on the following: Special Considerations Council 2014-01-16 18 The City's Economic Development Strategic Plan (EDSP), adopted in November 2011, is based upon the Guiding Principles of tax base diversification, higher paying jobs and business vitality, which reflect the values of the community. The EDSP identified certain goals to support these Principles including: Encourage the development of sites and buildings needed to accommodate higher intensity employment opportunities, Develop the policies and tools to compete for new private investment and jobs, Create an environment that promotes the vitality and growth of existing businesses The EDSP also provided recommendations to encourage desired development including development fee reduction and public participation in land development to encourage infill and redevelopment projects. The City's US 19 Redevelopment Plan, adopted in December 2012, also provided recommendations consistent with the EDSP including: Preference for office and other employment-intensive uses over smaller-scale uses for sites located in In-Between Areas Recognition that tenants often desire more parking spaces than available which is a challenge along the US 19 Corridor Support for the City's use of direct and indirect assistance such as the reduction of permit fees and other incentives that advance economic development goals and improve the corridor's competitive position in the Tampa Bay Region The proposed $5.9 million project is consistent with the goals and recommendations of the EDSP and US 19 Redevelopment Plan. The construction of a parking deck and other parking improvements will provide a public benefit allowing tenant companies to expand providing high wage employment opportunities for the citizens of Clearwater and will increase employment intensity and density at the site. Proiect Overview Council 2014-01-16 19 Skye Lane Properties, LLC, purchased 2600/2650 McCormick Drive in April 2013. At the time of purchase, a severe parking deficit existed according to today's office marketplace where tenant demand is often 4.5 to 6.0 spaces / 1,000 sq. ft. This project proposes to resolve the parking deficit to accommodate higher intensity employment opportunities, one of the Goals of the EDSP and is supported by the US 19 Redevelopment Plan as an In-Between Area providing an employment-intensive use favored over smaller-scale projects. Skye Lane Properties plans to invest $5.9 million in real property improvements including the construction of a $4.0 million tri-level parking deck. Projected Outcomes Higher Intensity & Density: Upon completion of all parking improvements on the site, the property will have approximately 725 parking spaces, which will provide the entire site with 4.9 spaces / 1,000 sq. ft. The property will meet market demand making this a prime Class A office destination for what was 50% vacant nearly 1 year ago. Job Creation in Target Industries: Heritage Property and Casualty Insurance Company will relocate 54 employees from their current corporate headquarters location in St. Petersburg, and will add 11 new positions in 2014. Average wages for all new jobs will exceed $87,000 (208% above the Pinellas County Average Annual Wage). Ten or more consultants currently working with Heritage Property and Casualty Insurance Company will also relocate to the site. MarineMax, Inc., will relocate 99 employees from its current corporate headquarters located in the City, and add 30 new jobs over 3 years. Average annual wages of all new jobs will exceed $65,000 (155% of the Pinellas County Average Annual Wage). Tenants on the site, including AmeriLife, will be able to expand. Impact Analysis Council 2014-01-16 20 Staff has conducted an impact analysis of the capital investment of Skye Lane Properties, LLC, and Heritage Property and Casualty Insurance Company — a related entity - using Total ImpactTm by Impact Data Source. The analysis does not include economic impact of other tenants. Impact analysis projects: $134.9 million Economic Impact (Countywide, 10 years) including $109.8 million in salaries (direct & indirect jobs) and $20.4 million in taxable sales and purchases in the County. Permanent jobs and additional indirect and induced jobs (spin off): 160 jobs Net Benefits to the City: $229,327 Present Value of Net Benefits to City (reflects 5% discount): $184,079 Rate of Return: 17.4% ROR (when the exemption is considered as cash) Payback Period: 5.2 years Additional Incentives Staff proposed ED AVTE for MarineMax, Inc. of 50% exemption of tangible personal property taxes for 5 years (Tax Years 2014-2018). Total value of the proposed exemption for MarineMax, Inc. is estimated at $18,661. (Ordinance 8535-14) Staff also proposed ED AVTE for Skye Lane Properties, LLC and Heritage Property and Casualty Insurance Company of 75% and 50% exemption of real and tangible personal property taxes for 5 years each (Tax Years 2014-2018, Tax Years 2019-2023, respectively). Estimated value of the exemption is $168,472. These additional incentives are considered integral to the project. Source of Funding Funding for this item will be provided by a first quarter budget amendment allocating General Fund reserves in the amount of$30,000 to establish project 181-99744, Economic Development Incentives. This amount is for the reimbursement of fees not able to be waived for this project. The balance in General Fund reserves is approximately $17.5 million, or 15.2% of the 2013/14 General Fund operating budget. Inclusive of the $1.4 million used to fund the current operating budget, a total of$2,235,943 of General Fund reserves has been used to date to fund expenditures in the 2013/14 operating budget. Council 2014-01-16 21 One individual spoke in support. Councilmember Bill Jonson moved to approve Skye Lane Properties, LLC for waivers and reimbursement of certain fees to encourage parking area improvements, including the construction of a parking deck, at 2600/2650 McCormick Drive, Clearwater, so as to provide certain public benefits including higher paying job opportunities and higher intensity and density on the site which are consistent with the City's Economic Development Strategic Plan and US 19 Redevelopment Plan. The motion was duly seconded and carried unanimously. Vice Mayor Paul Gibson moved to adopt Resolution 14-03. The motion was duly seconded and upon roll call, the vote was- 'Ayes . Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Bill Jonson, Councilmember Jay E. Polglaze "Nays": None 10.3 Authorize the Marine and Aviation Department Director to apply for and administer the Florida Fish and Wildlife Conservation Commission (FWC), Florida Boating Improvement Program (FBIP) Grant on behalf of the City of Clearwater, and adopt Resolution 14-04. The Marine and Aviation Department proposes to replace fourteen of the existing 43 city-owned boat slips behind the Clearwater Marine Aquarium with a 200 ft. floating dock system for day dock boater use, with handicapped accessibility. The intent would be to decrease the number of slips needing maintenance, while providing boaters an alternative to driving to the aquarium by car, and picking up and dropping off passengers via a floating dock system better equipped to safely board special needs visitors. The docks there now are fixed for private recreational use, and have no provision for special needs boaters. The Department desires to apply to the Florida Fish and Wildlife Conservation Commission (FWC) for a Florida Boating Improvement Program (FBIP) Grant, to offset the cost of purchasing the floating dock system. The City Resource Committee approved applying for the grant funding at the December 4, 2013 meeting. The matching funds have been secured with agreements to commit from Clearwater Marine Aquarium, Florida West Coast Cruises and Bay Star Restaurant Group, and all construction and environmental permits necessary have been obtained. Adoption of Resolution 14-04 will authorize the Marine and Aviation Department Director to apply for and administer the FBIP Grant on behalf of the City. Councilmember Jay Polglaze moved to authorize the Marine and Aviation Department Director to apply for and administer the Florida Fish and Wildlife Conservation Council 2014-01-16 22 Commission (FWC), Florida Boating Improvement Program (FBIP) Grant on behalf of the City of Clearwater. The motion was duly seconded and carried unanimously. Resolution 14-04 was presented and read by title only. Vice Mayor Paul Gibson moved to adopt resolution 14-04. The motion was duly seconded and upon roll call, the vote was: 'Ayes". Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Bill Jonson, Councilmember Jay E. Polglaze "Nays": None 10.4 Approve the Second Amendment to Business Lease Contract between the City of Clearwater and Clearwater Marine Aquarium, Inc. for the lease of City-owned Property, known as the Harborview Building, located at 320 Cleveland Street; and authorize the appropriate officials to execute same. The City and Clearwater Marine Aquarium, Inc. (CMA) entered into two Business Lease Contracts for CMA's use of the Harborview Building on September 12, 2011 and on July 3, 2012 for the use of the middle and ground floors respectively. Both lease contracts were intended to satisfy CMA's need for additional space due to increased patronage resulting from the successful motion picture, Dolphin Tale. Both leases are scheduled to expire on March 11, 2014 with no further extension options. On November 5, 2013, the City of Clearwater residents voted to approve a referendum to amend the City Charter allowing the City to negotiate terms of a lease for CMA to construct and operate a new aquarium on City Hall property. With a lengthy planning process prior to the construction of a new aquarium, CMA has requested an extension of both leases. The Second Amendment to Business Lease Contract (Amendment) applies to both leases and will extend the lease term. The Amendment will also expressly relieve the City of any and all responsibility for repairs to the building. Notable terms and conditions of the leases as amended are listed below: Term: According to the proposed Amendment, the term shall expire 6 months from the grand opening of the new Clearwater Aquarium to be built by the CMA on the current City Hall property. The Memorandum of Understanding (MOU) between the City and CMA dated September 12, 2013 contemplates that the lease shall expire 60 days from the grand opening of the new aquarium. Additional lease-extension provisions summarized below are consistent with the MOU. In the event that the City and CMA fail to enter into a lease for the City Hall property by June 1, 2015, then the Lease shall expire on January 1, 2016. Further, in the event the CMA fails to have all funds necessary for the Council 2014-01-16 23 construction of the new aquarium by August 1, 2016, then the Lease shall expire on January 1, 2017. Building Repairs: The City and CMA understand that major systems of the building are in an advanced state of age and may require repair or replacement during the lease term. The City shall have no obligation for any repairs or replacement. The CMA is responsible for any repairs and replacements or, at its discretion, may terminate the lease. Rent: Rent payments will continue pursuant to the existing leases. Rent payments for the middle floor area were structured such that the CMA would reimburse the City for capital improvements made by the City at the commencement of the original lease. The City has recaptured 100% of these expenses and CMA is now responsible for parking and common area expenses incurred by the City ($3,750/month). CMA pays the City approximately $4.00/square foot for rent of the ground floor area ($21,256/year). The City may terminate this lease with cause or if City Council determines that the property is needed for other municipal services. The CMA may terminate this lease at its discretion. The City Attorney reviewed the amendments before Council: The term of the lease shall expire sixty days from the grand opening of the new Clearwater Aquarium. In the event that Lessor and Lessee fail to enter into a lease for the City Hall property by June 1, 2015, then the lease shall expire six months hence on November 30, 2016. In the event the Lessee fails to have all funds necessary for the construction of the new aquarium on the City Hall property by August 1, 2016, then the Lease shall expire six months hence on January 31, 2017. Councilmember Bill Jonson moved to approve the Second Amendment to Business Lease Contract between the City of Clearwater and Clearwater Marine Aquarium, Inc. for the lease of City-owned property, known as the Harborview Building, located at 320 Cleveland Street; and authorize the appropriate officials to execute same. The motion was duly seconded. In response to questions, the City Attorney said the MOU is not binding, it is a Statement of Intent at the time the parties entered into the agreement. Changes to the agreement must be agreed upon by both parties. Upon the vote being, the motion carried unanimously. Miscellaneous Reports and Items 11. City Manager Verbal Reports Council 2014-01-16 24 11.1 City Manager Verbal Reports — None. 12. Closing Comments by Mayor Mayor George N. Cretekos reviewed recent and upcoming events. 13. Adjourn The meeting adjourned at 7:17 p.m. Attest k - ctPof tocrtkti:0S Mayor ity of Clearwater City Clerk Council 2014 -01 -16 25