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07/13/2015 Council Work Session Meeting Minutes July 13, 2015 City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 e d s w r' �mu Meeting Minutes Monday, July 13, 2015 1 :00 PM Council Chambers Council Work Session Page 1 City of Clearwater Council Work Session Meeting Minutes July 13, 2015 Roll Call Present 5 - Mayor George N. Cretekos, Councilmember Doreen Hock-DiPolito, Councilmember Hoyt Hamilton, Councilmember Bill Jonson, and Vice Mayor Jay E. Polglaze Also Present: William B. Horne II (Departed — 3:35 p.m.) - City Manager, Assistant City Manager, Jill S. Silverboard - Assistant City Manager, Rod Irwin, Assistant City Manager, Pamela K. Akin - City Attorney, Rosemarie Call - City Clerk, and Nicole Sprague— Official Records and Legislative Services Coordinator To provide continuity for research, items are listed 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 1:00 p.m. at City Hall. 2. Presentations — Given. 2.1 Service Awards - July Two service awards were presented to city employees. The July/August Bimonthly Team Award was presented to the Bird Squad: Austin Sheldon and Colin Kaelin, Clearwater Harbor Marina. 2.2 Presentation of Centennial Committee members The City Manager recognized the Committee members for their efforts during the centennial activities: Kris Kich, Gina DeWitt, Joelle Castelli, Anne Fogerty-France, Paul Bertels, Tara Kivett, Brian Craig, Mike Lockwood, Christopher Hubbard, Jennifer Keller, Lisa Brown, and Selena Hyppolite. 2.3 Public Utilities N. Pinellas Top Ops Awards The City was the overall winner and placed in Hard Tap, Fun Tap, Clearwater Operator Challenge, Water Operator Challenge in the Team events. Mayor recognized Matt D'Andrea, Charles Jeffries, Jr., William Anderson, Todd Kuhnel, and Laura Davis for their participation in the individual events and placing first or second in all categories). James Pleasant placed first in the hot dog eating contest. The City Council recessed to meet as the Pension Trustees and CRA from 1:15 p.m. to 2:22 p.m. Page 2 City of Clearwater Council Work Session Meeting Minutes July 13, 2015 3. Office of Management and Budget 3.1 Adopt a tentative millage rate of 5.1550 mills for fiscal year 2015/16; set public hearing dates on the budget for September 3, 2015 and September 17, 2015, to be held no earlier than 6:00 p.m., and schedule a special council meeting on the budget in August to fully discuss the proposed budget. In accordance with the Truth in Millage (TRIM) process, the City Council must adopt a tentative millage rate and set public hearing dates prior to finalizing and adopting a budget. This information must be provided to the Pinellas County Property Appraiser and Tax Collector by August 4, 2015. The City's proposed millage rate and public hearing dates will be included on the TRIM notices mailed to taxpayers in August. This tentative rate cannot be increased without first-class mailing notification to each taxpayer at the expense of the City of Clearwater, not less than 10 days and not more than 15 days before the public hearing. The City Manager's recommended millage rate is 5.1550 mills, the same millage rate as the current year. The rate is 5.78% more than the rolled back rate of 4.8735 mills. The rolled-back rate is the millage rate that will provide the City with the same property tax revenue as was levied in the prior year. If the proposed millage rate of 5.1550 mills is adopted, the City's ordinance adopting the millage rate will reflect a 5.78% increase from the rolled-back rate of 4.8735 mills. The proposed millage rate as well as other TRIM millage rates will be noted on the 2015 compliance forms as follows: 5.1550 mills - Tentative millage rate 4.8735 mills - Rolled-back millage rate 7.3326 mills - Maximum majority vote rate 8.0659 mills - Maximum two-thirds vote rate Staff would also like to schedule a special council meeting in August to fully discuss the proposed budget, the increased levels of staffing and new programs proposed. Suggested meeting times include Wednesday August 5 at 2 p.m., or immediately after the work session on Monday, August 17. Budget Manager Kayleen Kastel provided a PowerPoint presentation. There was council consensus to schedule a special council meeting on Monday, August 17 at 5:00 p.m. In response to questions, the City Manager said Marine and Aviation Page 3 City of Clearwater Council Work Session Meeting Minutes July 13, 2015 maintains the Seminole Boat Ramp. Marine and Aviation Director Bill Morris said the ramp has been updated with State funds and is the reason why a boat launch fee is not imposed. Landscaping improvements are needed. Staff is anticipating significant realignment of the facility for a view corridor with the ULI implementation. Staff was directed to provide a cost estimate for landscaping and pothole repair at the Seminole Boat Ramp. It was suggested that Seminole Boat Ramp Improvements be added to the budget list of potential projects at the August 17 meeting. 4. Economic Development and Housing 4.1 Approve the City of Clearwater's Fiscal Year 2015-2016 Consolidated Annual Action Plan, to carry forward the goals and objectives set forth in the Fiscal Year 2011-2016 Five-Year Consolidated Plan, as required by HUD, and authorize the City to enter into agreements with organizations contained in the Fiscal Year 2015-2016 Consolidated Annual Action Plan. The U.S. Department of Housing and Urban Development (HUD) requires communities that receive entitlement Community Development Block Grant Program (CDBG) and HOME Investment Partnership Program (HOME) funding to prepare a comprehensive five (5) year consolidated planning document that evaluates the needs of the community and sets forth strategies to address those needs. The Fiscal Year (FY) 2011-2016 Consolidated Annual Action Plan is mainly a continuation of our prior Consolidated Plan and was completed in 2011. In addition, the City is required to create and implement an annual action plan identifying the sources and uses of federal money for housing, community and economic development. This annual plan, referred to as a Consolidated Annual Action Plan, provides HUD with the City's housing, community and economic development budget and proposed expenditures based on the entitlement funds and estimated program income that the City will receive in the upcoming fiscal year to meet the goals established in the Five-Year Plan. In FY 2015-2016, the City is estimated to receive federal funds in the amount of$681,257 through the Community Development Block Grant (CDBG) and $265,110 through the HOME Investment Partnership Program (HOME). The City is also estimated to receive $394,096 through the State of Florida State Housing Initiatives Partnership Program. The total FY 2015-2016 entitlement allocation budget is $1,340,463. Funds provided through the HOME Program are limited to housing-related activities and administration. Funds provided Page 4 City of Clearwater Council Work Session Meeting Minutes July 13, 2015 through the CDBG Program may be used for housing, community and economic development, public services and facilities, acquisition, relocation, demolition and administration. Additional funding for the FY 2015-2016 budget will come from estimated program income funds and unprogrammed prior year CDBG, HOME, Neighborhood Stabilization Program, SHIP and Pinellas County Housing Trust funds (loan repayments, loan payoffs, recaptured funds, reprogrammed funds, etc) estimated at$544,846. Other funds may include those leveraged from private sector investments. Total budget for FY 2015-2016 is $1,885,309. The City partners with several non-profit agencies to implement the goals and objectives the City has established in the Consolidated Planning Document. To obtain these partners, the City annually publishes a Notice of Funding Availability (NOFA) in the local newspaper and on its website. This notice informs the non-profits of the resources the City will make available and the eligible uses of these resources. It also informs them of the application period for requesting funds. This year, the applications were due in April and the City received a total of 24 applications for funding requests. A Technical Review Committee (TRC), comprised of professionals in the social service and grants community and two members of the City's Neighborhood and Affordable Housing Advisory Board (NAHAB), reviewed the applications, scored them and set forth a strategy to maximize the number of applicants that will receive a portion of allocated funds. Applicants were given an opportunity to present at the monthly NAHAB meeting regarding their programs. City staff also reviewed each application to ensure it met HUD's baseline requirements. The NAHAB met on May 12, 2015 to approve the recommended allocations contained in the FY 2015-2016 Consolidated Annual Action Plan. In addition, the NAHAB reviewed the Action Plan on June 16, 2015 and recommended approval. Each year, the City may allocate up to 15% of its CDBG allocation for Public Services organizations. The City may also provide funds for operating expenses to subrecipients who qualify as a Community-Based Housing Development Organization. While the City's Housing Division received requests for Public Services funding in the amount of$320,000, we were only able to allocate $121,000 to ten (10) organizations. The NAHAB has endorsed a sliding scale funding system for Public Services applicants that allows the top two scorers to receive 60% of their request, the second two receive 50% of their request, and others receive 40% of their request until all of the allowable funds are allocated. The maximum allocation per agency's request is $18,000. This method allows a majority of the Public Services applicants to receive funding. All organizations that will be receiving an allocation will have agreements prepared and executed by October 1, 2015. Staff monitors these organizations for compliance on a yearly basis. In addition, $324,972 was Page 5 City of Clearwater Council Work Session Meeting Minutes July 13, 2015 allocated to Public Facilities which will go towards renovations of the following facilities: Directions for Living, City of Clearwater Jack Russell Stadium, Intercultural Advocacy Institute, R'Club Child Care, Inc., and the ARC Tampa Bay. The City's Housing Pool will target funding efforts for Housing Activities in the Rehabilitation, Down Payment and Closing Cost Assistance Programs. The amount available this year is $998,010 for the following organizations: Habitat for Humanity of Pinellas County, Habitat for Humanity of Pinellas County CHDO, Tampa Bay CDC, Kimberly Home, Pinellas County Housing Authority and Bright Community Trust, Inc. The Consolidated Annual Action Plan is due to HUD on August 14, 2015. Economic Development and Housing Director Geri Campos Lopez provided a PowerPoint presentation. In response to questions, Ms. Campos Lopez said the Gulfcoast Legal Services is listed under the Fair Housing category. Interested non-profits/public facilities may submit an application in March. All the public facility applications were funded to their full request. 5. Finance 5.1 Approve settlement of the liability claim of Paramedics Plus LLC for $46,989.32 and authorize the appropriate officials to execute same. (consent) The claimant's ambulance was involved in a vehicle crash with a city vehicle and suffered extensive property damage. A claim for $46,989.32 is being presented by the insurance carrier for the claimant. That is the basis for this claim. The City's limit of liability as provided by Section 768.28, Florida Statutes is $200,000. The City's Risk Management Division and City's Claims Committee recommend this settlement. Funding for the payment of this settlement is available in the budget for claims expense in the Central Insurance Fund. APPROPRIATION CODE AND AMOUNT: 590-07000-545900-519-000 $46,989.32 5.2 Approve settlement of the liability claim of David Murphy for$32,500.00 and authorize Page 6 City of Clearwater Council Work Session Meeting Minutes July 13, 2015 the appropriate officials to execute same. (consent) A city vehicle was traveling south on Myrtle Ave in the median lane. The claimant's scooter was traveling south in the curb lane. The city vehicle turned right in front of the claimant's scooter. The scooter hit the side of the city vehicle. The claimant was injured. That is the basis for this claim. The City's limit of liability as provided by Section 768.28, Florida Statutes is $200,000. The City's Risk Management Division and Claims Committee recommend this settlement. Funding for the payment of this settlement is available in the budget for claims expense in the Central Insurance Fund. APPROPRIATION CODE AND AMOUNT: 590-07000-545900-519-000 The City Council recessed from 3:05 p.m. to 3:26 p.m. 6. Parks and Recreation 6.1 Approve establishing a new Capital Improvement Project entitled Crest Lake Park Veteran's War Memorial (CIP 315-93647) for the construction of Phase I of a war memorial in accordance with a Memorandum of Understanding between the City of Clearwater and the Tampa Bay Veterans Alliance entered into on January 16, 2014 for $400,000; approve the transfer of$250,000 from General Fund reserves for the $150,000-city match and $100,000 for the construction of the parking lot; and transfer TBVA match from escrow into this project. (consent) On January 16, 2014, the City Council approved 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 the proposed Veterans War Memorial at Crest Lake Park. TBVA was successful in raising the full $150,000 for Phase I of the project which has been submitted to the City in accordance with the MOU. Approval of this item will establish a new Capital Improvement Project, Crest Lake Park Veterans War Memorial (CIP 315-93647), and the transfer of the City's match obligation of$150,000 as well as $100,000 to construct a 15 to 20-space parking lot off of Lake Ave. from General Fund reserves. Page 7 City of Clearwater Council Work Session Meeting Minutes July 13, 2015 Ground breaking ceremonies were conducted at Crest Lake Park on May 26, 2015. The first phase of construction will consist of a memorial plaza constructed of pavers or concrete with some half-walls, of approved height and length, to feature veteran and donor recognition plaques, landscaping, American flag and military service flags, 15 to 20 space parking lot and pedestrian walkways to the memorial. City staff will act as project manager and coordinate the design, permitting and construction with input from TBVA. Phase II consisting of the construction of memorial sculptures and plaques recognizing the service of veterans from WW I to present, costing a total of $1,000,000 may follow, as agreed to in the MOU by the City and the TBVA, depending on the ability of TBVA to raise the additional $500,000. Phase I will be completed prior to Memorial Day 2016 and dedicated at that time. USE OF RESERVE FUNDS: Funding for this contract will be provided by a third quarter budget amendment allocating General Fund reserves in the amount of$250,000 to capital improvement project 93647, Crest Lake Park Veterans War Memorial. A net total of$2,619,615 General Fund reserves has been used to date to fund expenditures in the 2014/15 operating budget. The remaining balance in General Fund reserves is approximately $21,157,338 or 18.1% of the current General Fund operating budget. In response to questions, Parks and Recreation Administrative Support Manager Felicia Donnelly said parking access will be provided off of Lake Avenue. The preliminary design shows the memorial with an access at the corner via an entryway with trees. There will be 15 to 20 angled parking spaces off of Lake Avenue. The parking spaces will not be viewable from Gulf to Bay Boulevard. 6.2 Approve the Purchase Contract for the City's purchase of real property located at 501 McMullen Booth Road, Clearwater, FL, with a purchase price of$310,000 and total expenditures not to exceed $321,500 including closing costs and demolition expenses; authorize the appropriate officials to execute same, together with all other instruments required to affect closing; and transfer funds from Recreation Land impact fees to Park Land Acquisition (CIP315-93133), at third quarter to cover this purchase. (consent) The subject property is located at 501 N McMullen Booth Road. The property is approximately 25,200 sq. ft. and is comprised of two vacant lots and a Page 8 City of Clearwater Council Work Session Meeting Minutes July 13, 2015 single-family residential structure. The property is adjacent to the Ream Wilson Trail, Del Oro Park and property recently acquired by the City located at 421 McMullen Booth Road. If acquired, the parcel will serve as the primary trailhead and the primary access for Clearwater's trail system. This location is centrally located and serves the entire community. While there are several smaller points of access, the trail system needs a primary access point that is convenient for all users. The trailhead property will be developed in the future from Penny for Pinellas funding allocated for recreation trails and may include in addition to an improved parking lot, a covered shelter, restrooms, water, air refilling station, and other park amenities. Two independent appraisals were performed on the property. Nash and Associates Appraisal Services, Inc. valued the property at$300,000 with a valuation date of July 24, 2014. Robert Milo, State Certified Residential Appraiser, valued the property at$310,000 on May 8, 2015. Acquisition Costs for the Purchase of 501 McMullen Booth Road Purchase price $310,000.00 Closing costs $500.00 Demolition $10,000.00 + 10% contingency $1,000.00 TOTAL $321,500.00 This item supports the City's Strategic Vision to provide quality facilities (Ream Wilson Trail, Del Oro Park) and provide safe access for persons using the trail systems in Clearwater APPROPRIATION CODE AND AMOUNT: A third quarter budget amendment will transfer $321,500 of Recreation Land impact fees from the Special Development Fund into project 315-93133 Park Land Acquisition. In response to questions, Parks and Recreation Director Kevin Dunbar said the City recently purchased the house at the site and will be demolished. There is a lift station in Del Oro Park just east of this site. Staff is proposing to create a trail head at the site with parking, water/air stations, and restroom facilities. 7. Engineering 7.1 Approve Engineer of Record (EOR) contracts with twenty-nine firms listed for a period of four years commencing July 24, 2015 and authorize the appropriate officials to execute same. (consent) Page 9 City of Clearwater Council Work Session Meeting Minutes July 13, 2015 In accordance with Florida Statute 287.055 - Consultants Competitive Negotiation Act, on March 23, 2015, Request for Qualifications (RFQ 34-15) was released soliciting submittals from area consulting firms to serve as Engineers of Record (EOR) for the City for a four-year period. Fifty-one responses were received. A seven-member city screening committee consisting of staff from Public Utilities and the Engineering Department reviewed each submittal based upon management and technical staff ability, availability to expeditiously complete assignments, prior municipal experience, quality control and Clearwater business and community involvement. FOR Professional Services Agreements shall be for a four-year term with the City reserving the right to implement a mid-term qualification solicitation based upon the needs of the City. Twenty-two incumbent EOR's were selected for renewal. Nine firms not currently EOR's were short listed and invited to make verbal presentations. Based upon submittal review and/or verbal presentation the following twenty-nine firms were selected: Advanced Engineering and Design, Inc.; AECOM Technical Services, Inc. (formerly URS); Atkins North America, Inc.; Biller Reinhart Engineering Group, Inc.; Brown and Caldwell; Cardno, Inc.; CDM Smith, Inc.; Conestoga-Rovers and Associates; Cribb Philbeck Weaver Group; Cumbey and Fair, Inc.; Deuel and Associates; DKS Associates; Driggers Engineering Services, Inc.; FGE Engineering, Inc.; Geosyntech Consultants, Inc.; Grimail Crawford, Inc.; Interflow Engineering, Inc.; Jones Edmunds and Associates, Inc.; King Engineering Associates, Inc.; Kisinger Campo and Associates, Inc.; Leggette, Brashears and Graham, Inc.; H.W. Lochner, Inc.; McCarthy and Associates, Inc.; McKim and Creed, Inc.; Metzgar and Willard, Inc.; Reiss Engineering Inc.; Terracon Consultants, Inc.; Tetra Tech, Inc. and Tierra, Inc. Staff was directed to provide information regarding how many of the EORs are local. 7.2 Approve the request from the owner of property addressed at 2489 Frisco Drive to vacate the westerly 4 feet of a 10-foot Drainage and Utility Easement; and pass Ordinance 8749-15 on first reading (VAC2015-06). The owner of property located within city limits at 2489 Frisco Drive is planning to enlarge the existing pool enclosure four feet into the westerly 10 ft. of a platted drainage and utility easement. The remaining six feet of easement width is contiguous with a ten-foot wide drainage and utility easement on Page 10 City of Clearwater Council Work Session Meeting Minutes July 13, 2015 adjacent property effectively resulting in a sixteen-foot wide easement corridor. The City's Engineering, Public Utilities and Gas System departments have no objection to the request. Applicable private utility providers were consulted and each had no objection to the request. 7.3 Approve the request from the owners of certain real property within Glenwood Estates Addition to vacate a portion of a platted utility easement; and pass Ordinance 8745-15 on first reading (VAC2015-05). The owners of several parcels of property within the block bordered by Wood Drive, Maple Street, Hobart Avenue and Ridgewood Street are planning to construct new improvements over a portion of the property encumbered by a platted utility easement. The City's Engineering, Public Utilities and Gas System departments have no plans to use this easement and have no objection to the request. Applicable private utility providers were consulted and each had no objection to the request. 7.4 Accept a General Utility Easement conveyed by Yarab Holdings, LLC over a portion of property located at 1988 Gulf to Bay Boulevard, Clearwater. (consent) Plans to construct improvements on property located at 1988 Gulf to Bay Boulevard were approved by the Community Development Board on September 16, 2014, under Case FLD2014-06018. Improvements currently under construction include a new medical clinic on private property. The proposed easement is adjacent to an existing platted utility easement and is being donated to the City to provide for a wider corridor for the City's maintenance of existing facilities. 8. Planning 8.1 Approve the annexation, initial Future Land Use Map designation of Residential Low (RL) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 2117 Burnice Drive; and pass Ordinances 8740-15, 8741-15 and 8742-15 on first reading. (ANX2015-05015) This voluntary annexation petition involves one parcel of land totaling 0.236 acres. The parcel is occupied by a single-family dwelling and is located on the south side of Burnice Drive, approximately 975 feet west of South Belcher Road. The applicant is requesting annexation in order to receive solid waste service from the City, and will be connected to City sewer as part of the Belcher Area Sanitary Sewer Extension Project Area. The property is contiguous to existing City boundaries along the north. It is proposed that the property be assigned a Future Land Use Map designation of Residential Low (RL) and the zoning category of Low Medium Density Residential (LMDR). The Planning and Development Department determined that the proposed Page 11 City of Clearwater Council Work Session Meeting Minutes July 13, 2015 annexation is consistent with the provisions of Clearwater Community Development Code Section 4-604.E as follows: • The property currently receives water service from Pinellas County. Collection of solid waste will be provided to the property by the City. The applicant has paid the sewer impact fee in full, and will be connected to the City sewer system once it is 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 the property by Station 47 located at 1460 Lakeview Road. The City has adequate capacity to serve the property with sanitary sewer, solid waste, police, fire and EMS service. The property will continue to receive water from Pinellas County. 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 objectives and policy 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 the property. The Residential Low (RL) designation primarily permits residential uses at a density of 5 units per acre. The proposed zoning district to be assigned to the property is the Low Medium Density Residential (LMDR) District. The use of the subject property is consistent with the uses allowed in the Low Medium Density Residential (LMDR) 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 along the north; therefore, the annexation is consistent with Florida Statutes Chapter 171.044. 8.2 Approve the annexation, initial Future Land Use Map designations of Residential Low Page 12 City of Clearwater Council Work Session Meeting Minutes July 13, 2015 (RL) and Preservation (P)/Drainage Feature Overlay and initial Zoning Atlas designations of Low Medium Density Residential (LMDR) and Preservation (P) for 1760 Evans Drive, 1779 Owen Drive, and 2711 North Terrace Drive; together with certain right-of-ways of Diane Drive, Evans Drive, North Terrace Drive, and Lucas Drive; and pass Ordinances 8731-15, 8732-15, and 8733-15 on first reading. (ATA2015-05001) 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 a total of 189 properties in this area that could be annexed through a phased approach over several years, and to date 186 properties have been annexed. This application, which has been identified as Phase I, is the final phase of the overall annexation project, and includes three properties. Current or previous owners of these properties entered into ATAs between 1979 and 2005 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 I properties are occupied by 3 detached dwellings on 0.613 acres of land. All properties are contiguous to City limits along at least one property boundary. The Development Review Committee is proposing that approximately 0.763-acres of right-of-way throughout this area on Diane Drive, Evans Drive, North Terrace Drive, and Lucas Drive not currently within the city limits also be annexed. It is proposed that the properties be assigned a Future Land Use Map designation of Residential Low (RL). It is proposed that the properties be assigned the zoning designation of Low Medium Density Residential (LMDR) District. Additionally, the properties at 1760 Evans Drive and 1779 Owen Drive should also be assigned the Future Land Use Map designation of Preservation (P)/ Drainage Feature Overlay and a zoning designation of Preservation (P) District, consistent with the boundaries of a drainage ditch which traverses these properties. 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 Page 13 City of Clearwater Council Work Session Meeting Minutes July 13, 2015 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: 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. Policy A.7.1.3: Invoke agreements to annex where properties located within enclaves meet the contiguity requirements of Florida Statutes Chapter 171. 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), Preservation (P), and Drainage Feature Overlay Future Land Use Map categories are consistent with the current Countywide Plan designations of the properties. The Residential Low (RL) designation primarily permits residential uses at a density of 5 units per acre. The Preservation (P) and Drainage Feature Overlay categories proposed to be applied to 1760 Evans Drive and 1779 Owen Drive 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) and the Preservation (P) Districts. The uses of the subject properties are consistent with the uses allowed in the Low Medium Density Residential (LMDR) District. The properties exceed 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 limits along at least one property boundary; therefore, the annexation is consistent with Florida Statutes Chapter 171.044. 8.3 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 1472 Grove Circle Court, together with all right-of-way of Grove Circle Court; and pass Ordinances 8734-15, 8735-15 and 8736-15 on first reading. (ANX2015-05013) This voluntary annexation petition involves a 0.235-acre property consisting of one parcel of land occupied by a single-family dwelling. It is located on the north side of Grove Circle Court, approximately 320 feet west of Highland Avenue. The applicant is requesting annexation in order to receive solid waste service from the City, and will connect to City sewer when it is available in the future, as part of the City's Grove Circle Court Sanitary Sewer System Extension Project Area. The property is contiguous to existing City limits to the Page 14 City of Clearwater Council Work Session Meeting Minutes July 13, 2015 north and west. The Development Review Committee is proposing that the 0.741 acres of abutting Grove Circle Court right-of-way not currently within the City limits also be annexed. It is proposed that the property be assigned a Future Land Use Map 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. 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 sewer impact fee that must be paid in order to connect, as well as 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 objectives and policy 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 5 units per acre. The proposed zoning district to be assigned to the property is the Low Medium Density Residential (LMDR) District. The use of the subject property is consistent with the uses allowed in the District and the property exceeds the District's minimum dimensional requirements. The proposed annexation is therefore consistent with the Countywide Plan and the City's Comprehensive Plan and Community Development Code; and • The property proposed for annexation is contiguous to existing City boundaries to the north and west; therefore, the annexation is Page 15 City of Clearwater Council Work Session Meeting Minutes July 13, 2015 consistent with Florida Statutes Chapter 171.044. 8.4 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 2052 The Mall, together with all right-of-way of The Mall; and pass Ordinances 8737-15, 8738-15 and 8739-15 on first reading. (ANX2015-05014) This voluntary annexation petition involves a 0.115-acre property consisting of one parcel of land occupied by a single-family dwelling. It is located on the west side of The Mall, approximately 510 feet south of Union Street. The applicant is requesting annexation in order to receive solid waste service from the City, and will be connected to City sewer as part of the Idlewild/The Mall Septic-to-Sewer Project. The property is contiguous to existing City limits to the north and east. The Development Review Committee is proposing that the 0.503 acres of abutting The Mall right-of-way not currently within the City limits also be annexed. It is proposed that the property be assigned a Future Land Use Map designation of Residential Urban (RU) 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. Collection of solid waste will be provided to the property by the City. The applicant has paid the impact fee in full and is currently awaiting connection to the sewer system. 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 objectives and policy 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. Page 16 City of Clearwater Council Work Session Meeting Minutes July 13, 2015 • 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 and east; therefore, the annexation is consistent with Florida Statutes Chapter 171.044. 9. City Auditor 9.1 Approve an Interlocal Agreement with the Pinellas County Property Appraiser to investigate and to recover improper property tax (homestead) exemptions and authorize the appropriate officials to execute same. (consent) The Florida Constitution allows all legal Florida residents to be eligible for a $25,000 Homestead Exemption if the resident holds legal or equitable title to the real property and maintains it as their permanent residence. All residents receiving this standard homestead exemption automatically qualify to receive an additional $25,000 exemption on taxable values greater than $50,000 and up to $75,000, for all tax levies except school district levies. Florida Statues, Sec 196.011(9), requires property owners to promptly notify the property appraiser whenever the use of the property or the status or condition of the owner changes. Failure to notify of such changes combined with the property appraiser determination that the property owner was not entitled to receive such exemption for any year within the prior 10 years subjects the property owner to owe all taxes exempted plus an annual 15% interest and a 50% penalty of the taxes exempted. To begin the collection process of improper exemptions, the property appraiser files a tax lien against the property. In 1989, the Pinellas County Property Appraiser established a homestead exemption fraud investigation unit to investigate claims of improper and/or fraudulent homestead exemptions. Due to personnel reductions and technological developments in software and database mining, the Pinellas County Property Appraiser and Pinellas County Tax Collector have contracted Page 17 City of Clearwater Council Work Session Meeting Minutes July 13, 2015 with a third party vendor, Tax Management Associates, Inc (TMA), for audit services to identify properties with undeserved personal property exemptions. TMA's services utilizing their mass data analysis software paired with their highly trained investigative staff to verify and detect possible homestead exemption fraud have helped recover millions in tax dollars for other counties. TMA will provide their findings to Property Appraiser staff to confirm/validate the improper homestead exemption and to ultimately file the tax lien. Upon lien payment by the property owners that should not have received the homestead exemption, TMA will be paid 30% of the total amount of back taxes, penalties, and interest of those lien payments. Consequently, 70% of paid liens will be returned to the appropriate taxing authority. Staff respectfully requests approval of the Interlocal Agreement per the Property Appraiser's request to assist in the efforts to reduce the incidence of improper tax exemptions with the potential for additional revenue recovery to the City of Clearwater. In response to a question, City Auditor Robin Gomez said the Save Our Homes benefit caps the annual property value increase at the lower consumer price index adjustment or 3%. If a homeowner should not have received the benefit, the value goes back to what it should have been without the Save Our Homes. 10. Solid Waste 10.1Amend the Clearwater Code of Ordinances Chapter 32 Utilities, Article VII Solid Waste Management, updating definitions, trash collection frequency and practice exemptions, private roll-off hauler reporting, yard waste and unincorporated collection; amend Appendix A - Schedule of Fees, Rates; and pass Ordinance 8748-15 on first reading. During the work session and council meetings of October 13 and 15, 2014, Burton and Associates (Burton) provided their Solid Waste and Recycling Rate Study presentation to City Council. Burton recommended a 3.75% increase to the Solid Waste and Recycling rates and staff supported the recommendation. The majority of the rate changes recommended by this amendment to Appendix A are to include this recommended rate increase. Also brought forward at those meetings was the staff recommendation of converting the twice-weekly trash collection to once-weekly. The waste diversion gained by converting the recycling collection to the larger 96-gallon Page 18 City of Clearwater Council Work Session Meeting Minutes July 13, 2015 carts, also supports this switch to once-weekly trash collection. Some of the amendments to the Code of Ordinances are to accomplish this change. The remainder of the changes within the Solid Waste Management section of the Code are to definitions; providing clarification for (1) monthly reporting requirements and due date for private roll-off haulers, (2) yard waste pre-collection practices for residents, and (3) recycling collection practices and defining collection service provisions outside of the city for refuse and recycling regarding Agreements to Annex. The remaining rate changes to Appendix A are (1) to remove the grand-fathered rates previously granted to multi-family dwellings and roll-off or compactor customers, that were meant to help the City establish those programs when they were established in 1994 and 1996 respectively, and (2) to reduce commercial recycling rates and divide those into two categories (cardboard and mixed recycling). In response to questions, Solid Waste/General Services Director Earl Gloster said staff has discussed the proposed change with neighborhoods. If a request for an additional garbage barrel is received, the department would conduct a waste assessment to determine if the household is recycling as much as they could. Solid Waste/General Services Controller Dave Powers said an additional barrel would be issued at the standard rate, which is twice the initial standard rate. The once a week pick-up will be effective January 11, 2016. Mr. Gloster said the City of Dunedin's once a week pick-up program is working well. It was suggested that the cost of the second barrel be reduced. 11. Official Records and Legislative Services 11.1 Reappoint Candace B. Hays to the Sister Cities Advisory Board as the Clearwater Sister Cities, Inc. representative with term to expire July 31, 2019. (consent) 11.2Appoint one member to the Community Development Board to fill the remainder of an unexpired term until February 28, 2018. There was consensus to appoint John Funk. It was suggested that staff contact local professional organizations for prospective applicants. Page 19 City of Clearwater Council Work Session Meeting Minutes July 13, 2015 Staff was directed to place the item on the Consent Agenda. 11.3Appoint one member to the Public Art and Design Board to fill the remainder of an unexpired term through April 30, 2017. There was consensus to appoint Eric Seiler. Staff was directed to place the item on the Consent Agenda. 12. Legal 12.1Adopt Ordinance 8716-15 on second reading, annexing certain real property whose post office address is 1766 Owen Drive, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. 12.2Adopt Ordinance 8717-15 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 1766 Owen Drive, upon annexation into the City of Clearwater, as Residential Low (RL). 12.3Adopt Ordinance 8718-15 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1766 Owen Drive, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). 12.4Adopt Ordinance 8719-15 on second reading, annexing certain real property whose post office address is 2143 Burnice Drive, Clearwater, Florida 33764, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. 12.5Adopt Ordinance 8720-15 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 2143 Burnice Drive, Clearwater, Florida 33764, upon annexation into the City of Clearwater, as Residential Low (RL). 12.6Adopt Ordinance 8721-15 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 2143 Burnice Drive, Clearwater, Florida 33764, upon annexation into the City of Clearwater, as Low Page 20 City of Clearwater Council Work Session Meeting Minutes July 13, 2015 Medium Density Residential (LMDR). 12.7Adopt Ordinance 8725-15 on second reading, annexing certain real property whose post office address is 2058 Poinsetta Avenue, Clearwater, Florida 33755, together with certain rights-of-way of Poinsetta Avenue and Arbelia Street, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. 12.8Adopt Ordinance 8726-15 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 2058 Poinsetta Avenue, Clearwater, Florida 33755, upon annexation into the City of Clearwater, as Residential Urban (RU). 12.9Adopt Ordinance 8727-15 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 2058 Poinsetta Avenue, Clearwater, Florida 33755, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). 12.10Adopt Ordinance 8746-15 on second reading, amending the Community Development Code by changing the notice requirements for level one, two and three applications, certifying consistency with the city's Comprehensive Plan and proper advertisement, and providing for severability. 13. City Manager Verbal Reports — None. 14. City Attorney Verbal Reports — None. 15. Council Discussion Item 15.1 Pelican Walk Accommodation for Future Undergrounding - Councilmember Jonson Councilmember Jonson said he discussed the undergrounding of the utilities at this location with Mellissa Seixas to see if there is something the City should be doing with the partnership garage as to not put a roadblock for future undergrounding in that location. 15.2Sidewalk Cafe demarcation for establishments not serving alcohol - Councilmember Jonson Councilmember Jonson said he is recommending that Council ask staff to modify code language to relax the requirements for fencing for establishments Page 21 City of Clearwater Council Work Session Meeting Minutes July 13, 2015 that do not serve alcohol. Comment was made that if there is no alcohol being served, there should be a different level of requirements. In response to a concern, Planning and Development Director Michael Delk said a business needs permission to utilize the public right-of-way. Reviewing the code would give staff an opportunity to address issues that may be challenging and not easily understood. In regards to delineating a boundary that a person with an alcoholic beverage cannot cross, Mr. Delk said he has asked staff to inquire with the state licensing authority to see what their interpretation is. Comment was made that there should be enough room for outdoor dining and pedestrian traffic and alcohol should not be a factor. 16. New Business (items not on the agenda may be brought up asking they be scheduled for subsequent meetings or work sessions in accordance with Rule 1, Paragraph 2). — None. 17. Closing Comments by Mayor — None. 18. Adjourn The meeting adjourned at 4:21 p.m. Page 22 City of Clearwater