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04/21/2016 City Council Meeting Minutes April 21, 2016 City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 o ' Meeting Minutes Thursday, April 21, 2016 6:00 PM Council Chambers City Council Page 1 City of Clearwater City Council Meeting Minutes April 21, 2016 Roll Call Present: 5 - Mayor George N. Cretekos, Councilmember Bill Jonson, Councilmember Doreen Caudell, Councilmember Hoyt Hamilton and Councilmember Bob Cundiff Also Present: William B. Horne 11 — City Manager, Jill S. Silverboard —Assistant City Manager, Pamela K. Akin - City Attorney, and 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 Cretekos The meet was called to order at 6:00 p.m. at City Hall. 2. Invocation — Rev. Bob Brubaker from Christ Community Presbyterian Church 3. Pledge of Allegiance — Councilmember Hamilton 4. Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by governmental agencies or groups providing formal updates to Council will be limited to ten minutes.) — Given. 4.1 April Service Awards One service award was presented to a city employee. 4.2 Nall Lumber Company Day Proclamation, April 22, 2016 - Carroll Nall and family 4.3 Arbor Day Proclamation, April 30, 2016 - Jim Halios, P&R Department 4.4 Civitan Awareness Month Proclamation, April 2016 - David Seabrooks, Civitan International 4.5 Drinking Water Week Proclamation, May 1-7, 2016 - David Porter, Public Utilities Director 4.6 National Landscape Architecture Month Proclamation, April 2016 - John Del Vitto, American Society of Landscape Architecture (Tampa Chapter) Page 2 City of Clearwater City Council Meeting Minutes April 21, 2016 4.7 City Employee Basketball Winter League Award Presentation - Regina Novak, P&R 5. Approval of Minutes 5.1 Approve the minutes of the April 7, 2016 City Council Meeting and the March 30, 2016 Special City Council Meeting as submitted in written summation by the City Clerk. Vice Mayor Jonson moved to approve the minutes of the April 7, 2016 City Council Meeting as submitted in written summation by the City Clerk. The motion was duly seconded and carried unanimously. Councilmember Caudell the March 30, 2016 Special City Council Meeting as submitted in written summation by the City Clerk. The motion was duly seconded and carried unanimously. 6. Citizens to be heard re items not on the agenda Howard Warshauer said the Clearwater Neighborhoods Coalition's mission this year is to help neighborhoods in Clearwater revitalize. The Coalition recently conducted a survey,survey results will be reviewed on May 2, 2016 at St. Paul's Lutheran Church at 7:00 p.m. Daniel Maharaj expressed concerns with the groundwater replenishment project and impact the project may have with the hydrogeology. 7. Consent Agenda — Approved as submitted. 7.1 Approve a contract (purchase order) with APG Electric, Inc. for services necessary for the City's compliance with the requirements of the National Fire Protection Association Standard, NFPA 70E, Handbook for Electrical Safety in the Workplace, 2015 edition, price not to exceed $530,219; and authorize the appropriate officials to execute same. (consent) 7.2 Approve an annual blanket purchase order (contract) to Florida Gas Contractors, Inc., in the amount of$3,700,000, with the option for two, one-year term extensions to provide the installation of natural gas mains and service lines (ITB 11-16), and authorize the appropriate officials to execute same. (consent) 7.3 Approve a construction agreement with CSX Transportation of Jacksonville, Florida in the amount of$374,644.00 for the establishment of a quiet zone along the CSX railroad line between Lakeview Road and Drew Street and authorize the appropriate Page 3 City of Clearwater City Council Meeting Minutes April 21, 2016 officials to execute same. (consent) 7.4 Approve Change Order 1 to Layne Inliner, LLC for Sewer Cleaning and Televising Inspection in the amount of$840,000; Change Order 1 to Hinterland Group, Inc. for Trenchless Repairs of the Sanitary Sewer Collection System in the amount of $360,000 and authorize the appropriate officials to execute same. (consent) 7.5 Approve the Contract for Purchase of Real Property by the City of Clearwater (Purchase Contract) of certain real property owned by Clearwater Christian College Private School, Inc. and Easterland Properties, LLC, with a purchase price of $1,360,000 and total expenditures not to exceed $1,400,000 and authorize the appropriate officials to execute same, together with all other instruments required to affect closing. (consent) 7.6 Approve a work order to Engineer- of- Record (EOR) Brown and Caldwell of Tampa, FL in the amount of$178,849 for engineering services associated with the Marshall Street Water Reclamation Facility (WRF) Odor Control System and authorize the appropriate officials to execute same. (consent) 7.7 Approve the First Amendment to the agreement between the City of Clearwater and the Clearwater Ferry Services, Inc. (FERRY) extending the Time of Performance for the reimbursement through July 4, 2016 at no additional cost to the City and authorize the appropriate officials to execute same. (consent) 7.8 Approve a work order to Engineer of Record (EOR) Tetra Tech, Inc. in the amount of $99,980 for the Reclaimed Booster Pump Station Chlorine Control Improvements Project (16-0001-UT) and authorize the appropriate officials to execute same. (consent) 7.9 Award a contract for professional services pursuant to Request for Proposals (RFP) 04-16 to HR and A Advisors, Inc. for the Imagine Clearwater: Downtown Waterfront Master Plan Project as described in the Scope of Services for a lump sum fee of $378,000, and authorize the appropriate officials to execute same. (consent) 7.10Approve a Blanket Purchase Order (contract) to Water Specialists Technologies LLC of Sanford, FL in the amount of$183,700.00 for the purchase of copper precipitant TR-50 for a one-year period, May 1, 2016 through April 30, 2017, and authorize the appropriate officials to execute same. (consent) 7.11Approve an annual blanket purchase order (contract) to H and H Liquid Sludge Disposal, Inc. of Branford, FL, in the annual amount of$596,400.00, with the option for two, one-year term extensions for the purchase of biosolids services (ITB 21-16)7 and authorize the appropriate officials to execute same. (consent) 7.12Reappoint Denise L. Rosenberger to the Airpark Advisory Board with a term to expire April 30, 2020. (consent) Page 4 City of Clearwater City Council Meeting Minutes April 21, 2016 7.13Appoint Kristin Langley to the Parks and Recreation Board to fill the remainder of an unexpired term through May 31, 2018. (consent) 7.14Appoint councilmembers as representatives to serve on Regional and Miscellaneous Boards. (consent) 7.15Request authority to institute a civil action on behalf of the City against Gulfcoast Concrete Service, Inc. to recover $704.36 for damages to city property. (consent) 7.16Request for authority to institute a civil action on behalf of the City against Malcolmson Construction Company, Inc. to recover $1,692.42 for damages to city property. (consent) 7.17Request for authority to institute a civil action on behalf of the City against Salser Construction, LLC to recover $7,671.23 for damages to city property. (consent) 7.18Request for authority to institute a civil action on behalf of the City against GopowerFree, LLC to recover $565.09 for damages to city property. (consent) 7.19Request for authority to settle the case of Bernadette Dean vs. City of Clearwater Case No. 14-009368-CI for $100,000. (consent) Councilmember Hamilton moved to approve the Consent Agenda and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. Public Hearings - Not before 6:00 PM 8. Administrative Public Hearings 8.1 Approve the annexation, initial Future Land Use Map designation of Residential Estate (RE) and initial Zoning Atlas designation of Low Density Residential (LDR) District for 1790 McCauley Road; and pass Ordinances 8865-16, 8866-16 and 8867-16 on first reading. (ANX2016-02004) This voluntary annexation petition involves one parcel of land totaling 1.25 acres. The parcel is occupied by a single family dwelling and is located on the west side of McCauley Road approximately 1,000 feet south of Sunset Point Road. The applicant is requesting annexation in order to receive solid waste service from the City. The property is not contiguous to existing city limits; however, it is in an enclave surrounded by city property on all sides (Type A) and is eligible for annexation pursuant to the Interlocal Service Boundary Agreement with Pinellas County. It is proposed that the property be assigned a Page 5 City of Clearwater City Council Meeting Minutes April 21, 2016 Future Land Use Map designation of Residential Estate (RE) and the zoning category of Low Density Residential (LDR). The Planning and Development Department determined that the proposed annexation is consistent with the provisions of Clearwater Community Development Code Section 4-604.E as follows: • The property currently receives water and sanitary sewer service from the City. Collection of solid waste will be provided to the property by the City. The property is located within Police District III and service will be administered through the district headquarters located at 2851 North McMullen Booth Road. Fire and emergency medical services will be provided to this property by Station 48 located at 1700 North Belcher Road. The City has adequate capacity to serve this property with 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 Estate (RE) Future Land Use Map category is consistent with the current Countywide Plan designation of this property. The Residential Estate (RE) designation primarily permits residential uses at a density of 1 unit per acre. The proposed zoning district to be assigned to the property is the Low Density Residential (LDR). The use of the subject property is consistent with the uses allowed in the Low Density Residential (LDR) District and the property exceeds the District's minimum dimensional requirements. The proposed annexation is therefore consistent with the Countywide Plan Page 6 City of Clearwater City Council Meeting Minutes April 21, 2016 and the City's Comprehensive Plan and Community Development Code; and • The property proposed for annexation is not contiguous to City boundaries but is located in a Type A Enclave; therefore, the annexation is consistent with the Interlocal Service Boundary Agreement authorized by Florida Statutes Chapter 171.204. One individual spoke in opposition. In response to questions, the City Attorney said the item before the Council is a type A enclave annexation. The City has the ability to annex the property until proven otherwise. The City Manager said if annexed, the City will receive the property taxes to pay for the police calls required at the location. Planning and Development Director Michael Delk said the request before Council is consistent with the statutory allowance provided to the City. There are several hundred properties in the area that will be annexed during the next few years. The City of Clearwater is the established urban service provider in the area. Many of the voluntary annexation requests received are for solid waste services. Councilmember Caudell moved to approve the annexation, initial Future Land Use Map designation of Residential Estate (RE) and initial Zoning Atlas designation of Low Density Residential (LDR) District for 1790 McCauley Road. The motion was duly seconded and carried unanimously. Ordinance 8865-16 was presented and read by title only. Councilmember Cundiff moved to pass Ordinance 8865-16 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Jonson, Councilmember Caudell, Councilmember Cundiff, and Councilmember Hamilton Ordinance 8866-16 was presented and read by title only. Councilmember Hamilton moved to pass Ordinance 8866-16 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Jonson, Councilmember Caudell, Councilmember Cundiff, and Councilmember Hamilton Ordinance 8867-16 was presented and read by title only. Vice Mayor Jonson moved to pass Ordinance 8867-16 on first reading. The motion was duly seconded and upon roll call, the vote was: Page 7 City of Clearwater City Council Meeting Minutes April 21, 2016 Ayes: 5 - Mayor Cretekos, Vice Mayor Jonson, Councilmember Caudell, Councilmember Cundiff, and Councilmember Hamilton 8.2 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 2109 Burnice Drive and 2173, 2174, and 2185 Bell Cheer Drive; and pass Ordinances 8871-16, 8872-16 and 8873-16 on first reading. (ANX2016-02006) These voluntary annexation petitions involve four parcels of land totaling 1.029 acres. The parcels are occupied by single-family dwellings and are located generally south of Druid Road, east of South Hercules Avenue, north of Lakeview Road, and west of South Belcher Road. The applicants are 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 Sewer System Extension Project. The properties located at 2109 Burnice Drive and 2174 Bell Cheer Drive are contiguous to existing City limits along at least one property boundary. The properties located at 2173 and 2185 Bell Cheer Drive are not contiguous to existing city limits; however, they are in an enclave surrounded by city property on all sides (Type A) and are eligible for annexation pursuant to the Interlocal Service Boundary Agreement with Pinellas County. It is proposed that the properties 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 annexations are consistent with the provisions of Clearwater Community Development Code Section 4-604.E as follows: • The properties currently receive water service from Pinellas County. Collection of solid waste will be provided to the properties by the City. All of the applicants have paid the sewer impact fee in full, and will be connected to the City sewer system once it is available. The properties are located within Police District III and service will be administered through the district headquarters located at 2851 North McMullen Booth Road. Fire and emergency medical services will be provided to this property by Station 47 located at 1460 Lakeview Road. The City has adequate capacity to serve these properties with sanitary sewer, solid waste, police, fire and EMS service. Water service will continue to be provided by the County. The proposed annexations will not have an adverse effect on public facilities and their levels of service; and • The proposed annexations are consistent with and promote 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 Page 8 City of Clearwater City Council Meeting Minutes April 21, 2016 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 these properties. 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 properties is the Low Medium Density Residential (LMDR). The uses of the subject properties are consistent with the uses allowed in the Low Medium Density Residential (LMDR) District and the properties exceed the District's minimum dimensional requirements. The proposed annexations are therefore consistent with the Countywide Plan and the City's Comprehensive Plan and Community Development Code; and The properties proposed for annexation at 2109 Burnice Drive and 2174 Bell Cheer Drive are contiguous to existing City limits along at least one property boundary; therefore, the annexations are consistent with Florida Statutes Chapter 171.044. The properties proposed for annexation located at 2173 and 2185 Bell Cheer Drive are not contiguous to City boundaries but are located in a Type A Enclave; therefore, the annexations are consistent with the Interlocal Service Boundary Agreement authorized by Florida Statutes Chapter 171.204. Councilmember Caudell moved to approve the annexation, initial Future Land Use Map designation of Residential Low (RL) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 2109 Burnice Drive and 2173, 2174, and 2185 Bell Cheer Drive. The motion was duly seconded and carried unanimously. Ordinance 8871-16 was presented and read by title only. Councilmember Cundiff moved to pass Ordinance 8871-16 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Jonson, Councilmember Caudell, Councilmember Cundiff, and Councilmember Hamilton Ordinance 8872-16 was presented and read by title only. Councilmember Hamilton moved to pass Ordinance 8872-16 on first reading. The motion was duly seconded and upon roll call, the vote was: Page 9 City of Clearwater City Council Meeting Minutes April 21, 2016 Ayes: 5 - Mayor Cretekos, Vice Mayor Jonson, Councilmember Caudell, Councilmember Cundiff, and Councilmember Hamilton Ordinance 8873-16 was presented and read by title only. Vice Mayor Jonson moved to pass Ordinance 8873-16 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Jonson, Councilmember Caudell, Councilmember Cundiff, and Councilmember Hamilton, 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 1635 Sherwood Street; together with certain right-of-way of Lynn Avenue; and pass Ordinances 8868-16, 8869-16 and 8870-16 on first reading. (ANX2016-02005) This voluntary annexation petition involves a single parcel of land totaling 0.166 acres. The parcel is occupied by a single-family dwelling and is located on the southeast corner of Sherwood Street and Lynn Avenue. The applicant is requesting annexation in order to receive solid waste service from the City. The property is located in an enclave and is contiguous to existing city limits to the north, south, east and west. The Development Review Committee is proposing that the 0.268 acres of abutting Lynn Avenue 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 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 and sewer service from the City. 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 51 located at 1720 Overbrook Avenue. The City has adequate capacity to serve the property with 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. Page 10 City of Clearwater City Council Meeting Minutes April 21, 2016 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 limits to the north, south, east and west; therefore, the annexation is consistent with Florida Statutes Chapter 171.044. Councilmember Caudell moved to approve the annexation, initial Future Land Use Map designation of Residential Low (RL) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1635 Sherwood Street; together with certain right-of-way of Lynn Avenue. The motion was duly seconded and carried unanimously. Ordinance 8868-16 was presented and read by title only. Councilmember Cundiff moved to pass Ordinance 8868-16 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes:5 - Mayor Cretekos, Vice Mayor Jonson, Councilmember Caudell, Councilmember Cundiff, and Councilmember Hamilton Ordinance 8869-16 was presented and read by title only. Councilmember Hamilton moved to pass Ordinance 8869-16 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes:5 - Mayor Cretekos, Vice Mayor Jonson, Councilmember Caudell, Councilmember Cundiff, and Councilmember Hamilton Ordinance 8870-16 was presented and read by title only. Vice Mayor Jonson moved to pass Ordinance 8870-16 on first reading. Page 11 City of Clearwater City Council Meeting Minutes April 21, 2016 The motion was duly seconded and upon roll call, the vote was: Ayes:5 - Mayor Cretekos, Vice Mayor Jonson, Councilmember Caudell, Councilmember Cundiff, and Councilmember Hamilton 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 1216 Aloha Lane, 1310 Idlewild Drive, 1915 Macomber Avenue, 2047 and 2049 Poinsetta Avenue, 1273 Sedeeva Circle North, 1209 and 1212 Sheridan Road and 1227 Union Street as well as Preservation (P) Future Land Use Map designation and Preservation (P) Zoning Atlas designation for 1915 Macomber Avenue; together with certain Aloha Lane, Douglas Avenue, Sheridan Road, Union Street and Poinsetta Avenue right-of-way; and pass Ordinances 8847-16, 8848-16 and 8849-16 on first reading. (ATA2016-02001) The City of Clearwater Public Utilities Department expanded sewer service into the Idlewild/The Mall neighborhood located generally east of Douglas Avenue and west of Kings Highway, north of Sunset Point Road and south of Union Street. A significant number of properties within the project boundaries were in unincorporated Pinellas County. Since 2013, 115 properties have voluntarily annexed into the City as a result of this project, which was completed in August 2015. The Planning and Development Department has identified an additional 13 parcels in the Idlewild/The Mall Septic-to-Sewer Project area with recorded ATAs that can be annexed into the City (see concurrent cases ATA2016-02002 and ATA2016-02003). This application includes nine of those properties that had agreements recorded between 2013 and 2015. The subject properties are occupied by nine detached dwellings on 1.289 acres of land. All properties are contiguous to existing city limits along at least one property boundary. The Development Review Committee is proposing that 2.345-acres of right-of-way not currently within the City also be annexed, including portions of Aloha Lane, Poinsetta Avenue, Sheridan Road, Douglas Avenue and Union Street. It is proposed that all properties be assigned the Future Land Use Map designation of Residential Urban (RU) and that 1915 Macomber Avenue also be assigned the Preservation (P) designation. The properties will be assigned the Low Medium Density Residential (LMDR) zoning category, while 1915 Macomber Avenue will also be assigned the Preservation (P) zoning category. 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: • All of the properties currently receive water service from the City. Collection of solid waste will be provided to the properties by the City. Eight of the parcels have already been connected to the City's sanitary sewer system. The owner of the remaining parcel, 1212 Sheridan Road, is aware that the City's sewer impact and assessment fees must Page 12 City of Clearwater City Council Meeting Minutes April 21, 2016 be paid in full in order to connect and of the financial incentives available. The properties are 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 these properties by Station 51 located at 1720 Overbrook Avenue. The City has adequate capacity to serve these properties 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. 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 Urban (RU) Future Land Use Map category is consistent with the current Countywide Plan designation of these properties. This designation primarily permits residential uses at a density of 7.5 units per acre. The Preservation (P)future Land Use category on 1915 Macomber Avenue is consistent with the current Preservation (P) boundary which was placed on the Countywide Plan Map to recognize the watershed and drainage features on the property. The proposed zoning district to be assigned to the properties is the Low Medium Density Residential (LMDR) District, while 1915 Macomber Avenue will also be assigned the Preservation (P) District. The use of the subject properties is consistent with the uses allowed in the District and eight of the properties exceed the District's minimum dimensional requirements. The property located at 1915 Macomber Avenue meets the District's minimum dimensions through the Flexible Development requirements. The proposed annexation is therefore consistent with the Countywide Plan and the City's Comprehensive Plan and 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. Councilmember Caudell moved to approve the annexation, initial Page 13 City of Clearwater City Council Meeting Minutes April 21, 2016 Future Land Use Map designation of Residential Urban (RU) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1216 Aloha Lane, 1310 Idlewild Drive, 1915 Macomber Avenue, 2047 and 2049 Poinsetta Avenue, 1273 Sedeeva Circle North, 1209 and 1212 Sheridan Road and 1227 Union Street as well as Preservation (P) Future Land Use Map designation and Preservation (P) Zoning Atlas designation for 1915 Macomber Avenue; together with certain Aloha Lane, Douglas Avenue, Sheridan Road, Union Street and Poinsetta Avenue right-of-way. The motion was duly seconded and carried unanimously. Ordinance 8847-16 was presented and read by title only. Councilmember Cundiff moved to pass Ordinance 8847-16 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes:5 - Mayor Cretekos, Vice Mayor Jonson, Councilmember Caudell, Councilmember Cundiff, and Councilmember Hamilton Ordinance 8848-16 was presented and read by title only. Councilmember Hamilton moved to pass Ordinance 8848-16 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes:5 - Mayor Cretekos, Vice Mayor Jonson, Councilmember Caudell, Councilmember Cundiff, and Councilmember Hamilton Ordinance 8849-16 was presented and read by title only. Vice Mayor Jonson moved to pass Ordinance 8849-16 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes:5 - Mayor Cretekos, Vice Mayor Jonson, Councilmember Caudell, Councilmember Cundiff, and Councilmember Hamilton 8.5 Approve the annexation, initial Future Land Use Map designation of Residential Urban (RU) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 2040 Poinsetta Avenue, 1208 and 1210 Sunset Point Road; together with certain Sunset Point Road and Douglas Avenue right-of-way; and pass Ordinances 8850-167 8851-16 and 8852-16 on first reading. (ATA2016-02002) The City of Clearwater Public Utilities Department expanded sewer service into the Idlewild/The Mall neighborhood located generally east of Douglas Avenue and west of Kings Highway, north of Sunset Point Road and south of Union Street. A significant number of properties within the project boundaries were in unincorporated Pinellas County. To date, 124 properties have voluntarily annexed into the City as a result of this project, including the nine properties Page 14 City of Clearwater City Council Meeting Minutes April 21, 2016 annexed through ATA2016-02001 (also on this City Council agenda). This application includes three properties in the Idlewild/The Mall Septic-to-Sewer Project area that had agreements recorded between 2011 and 2014 which can now be annexed into the City. The subject properties are occupied by three detached dwellings on 0.477 acres of land. All properties are contiguous to existing city boundaries in at least one direction. The Development Review Committee is proposing that 0.677-acres of Sunset Point Road and Douglas Avenue right-of-way not currently within the City also be annexed. It is proposed that the properties 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: • All of the properties currently receive water and sewer service from the City. Collection of solid waste will be provided to the properties by the City. The properties are 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 these properties by Station 51 located at 1720 Overbrook Avenue. The City has adequate capacity to serve these properties with 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. 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 Urban (RU) Future Land Use Map category is consistent with the current Countywide Plan designation of these properties. This designation primarily permits residential uses at a density of 7.5 units per acre. The proposed zoning district to be assigned to the properties is the Low Medium Density Residential (LMDR) District. The use of the subject properties is consistent with the uses allowed in the District and all of the properties exceed the District's minimum dimensional requirements. The proposed annexation is therefore consistent with the Countywide Plan and the City's Page 15 City of Clearwater City Council Meeting Minutes April 21, 2016 Comprehensive Plan and 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. Councilmember Caudell 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 2040 Poinsetta Avenue, 1208 and 1210 Sunset Point Road; together with certain Sunset Point Road and Douglas Avenue right-of-way. The motion was seconded and carried unanimously. Ordinance 8850-16 was presented and read by title only. Councilmember Cundiff moved to pass Ordinance 8850-16 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes:5 - Mayor Cretekos, Vice Mayor Jonson, Councilmember Caudell, Councilmember Cundiff, and Councilmember Hamilton Ordinance 8851-16 was presented and read by title only. Councilmember Hamilton moved to pass Ordinance 8851-16 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes:5 - Mayor Cretekos, Vice Mayor Jonson, Councilmember Caudell, Councilmember Cundiff, and Councilmember Hamilton Ordinance 8852-16 was presented and read by title only. Vice Mayor Jonson moved to pass Ordinance 8852-16 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes:5 - Mayor Cretekos, Vice Mayor Jonson, Councilmember Caudell, Councilmember Cundiff, and Councilmember Hamilton 8.6 Approve the annexation, initial Future Land Use Map designation of Residential Urban (RU) for 1224 Sunset Point Road and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District; togetherwith certain Sunset Point Road right-of-way; and pass Ordinances 8853-16, 8854-16 and 8855-16 on first reading. (ATA2016-02003) The City of Clearwater Public Utilities Department expanded sewer service into the Idlewild/The Mall neighborhood located generally east of Douglas Avenue and west of Kings Highway, north of Sunset Point Road and south of Union Street. A significant number of properties within the project boundaries were in Page 16 City of Clearwater City Council Meeting Minutes April 21, 2016 unincorporated Pinellas County. To date, 127 properties have voluntarily annexed into the City as a result of this project, including the nine properties annexed in through ATA2016-02001 and the three properties annexed in through ATA2016-02002 (both also on this City Council agenda). This application includes one property in the Idlewild/The Mall Septic-to-Sewer Project area with an ATA recorded in 2014 that can now be annexed into the City. This application consists of one property, which is occupied by one detached dwelling on 0.121 acres of land and is contiguous to existing city boundaries to the west. The Development Review Committee is proposing that 0.075-acres of Sunset Point right-of-way not currently within the City 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: • This property currently receives water and sewer service from the City. Collection of solid waste will be provided to the property by the City. The parcel has already been connected to the City's sanitary 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 these properties by Station 51 located at 1720 Overbrook Avenue. The City has adequate capacity to serve this property with 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. 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 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 Page 17 City of Clearwater City Council Meeting Minutes April 21, 2016 property is the Low Medium Density Residential (LMDR) District. The use of the subject property is consistent with the uses allowed in the District and the property exceeds the District's minimum dimensional requirements. The proposed annexation is therefore consistent with the Countywide Plan and the City's Comprehensive Plan and Community Development Code; and • The property proposed for annexation is contiguous to existing City boundaries to the west. Therefore, the annexation is consistent with Florida Statutes Chapter 171.044. Councilmember Caudell moved to approve the annexation, initial Future Land Use Map designation of Residential Urban (RU) for 1224 Sunset Point Road and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District; together with certain Sunset Point Road right-of-way. The motion was duly seconded and carried unanimously. Ordinance 8853-16 was presented and read by title only. Councilmember Cundiff moved to pass Ordinance 8853-16 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes:5 - Mayor Cretekos, Vice Mayor Jonson, Councilmember Caudell, Councilmember Cundiff, and Councilmember Hamilton Ordinance 8854-16 was presented and read by title only. Councilmember Hamilton moved to pass Ordinance 8854-16 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes:5 - Mayor Cretekos, Vice Mayor Jonson, Councilmember Caudell, Councilmember Cundiff, and Councilmember Hamilton Ordinance 8855-16 was presented and read by title only. Vice Mayor Jonson moved to pass Ordinance 8855-16 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes:5 - Mayor Cretekos, Vice Mayor Jonson, Councilmember Caudell, Councilmember Cundiff, and Councilmember Hamilton 8.7 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 1712 Grove Drive; and pass Ordinances 8897-16, 8898-16 and 8899-16 on second reading. (ANX2014-10021) This annexation request was passed on first reading on December 8, 2014 and involves a 0.193-acre property consisting of one parcel located on the west Page 18 City of Clearwater City Council Meeting Minutes April 21, 2016 side of Grove Drive approximately 330 feet north of State Road 590. The property is located within an enclave and is contiguous to existing city boundaries to the north, south, east and west. Second reading of this annexation request was delayed because the applicant was constructing a single family home on this parcel under the County's jurisdiction. The construction has been completed and a Certificate of Occupancy issued so second reading can now take place. A Future Land Use Map designation of Residential Low (RL) and a Zoning Atlas designation of Low Medium Density Residential (LMDR) were approved for the property on first reading. Due to the amount of time that has lapsed since that hearing, new ordinance numbers have been assigned to reflect the current year (previous Ordinance numbers: 8627-15, 8628-15 and 8629-15), so a third and final reading will also be scheduled at the May 5, 2016 meeting. Councilmember Caudell moved to approve the annexation, initial Future Land Use Map designation of Residential Low (RL) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1712 Grove Drive. The motion was duly seconded and carried unanimously. Ordinance 8897-16 was presented and read by title only. Councilmember Cundiff moved to pass Ordinance 8897-16 on second reading. The motion was duly seconded and upon roll call, the vote was: Ayes:5 - Mayor Cretekos, Vice Mayor Jonson, Councilmember Caudell, Councilmember Cundiff, and Councilmember Hamilton Ordinance 8898-16 was presented and read by title only. Councilmember Hamilton moved to pass Ordinance 8898-16 on second reading. The motion was duly seconded and upon roll call, the vote was: Ayes:5 - Mayor Cretekos, Vice Mayor Jonson, Councilmember Caudell, Councilmember Cundiff, and Councilmember Hamilton Ordinance 8899-16 was presented and read by title only. Vice Mayor Jonson moved to pass Ordinance 8899-16 on second reading. The motion was duly seconded and upon roll call, the vote was: Ayes:5 - Mayor Cretekos, Vice Mayor Jonson, Councilmember Caudell, Councilmember Cundiff, and Councilmember Hamilton 8.8 Approve the annexation, initial Future Land Use Map designation of Residential Low Page 19 City of Clearwater City Council Meeting Minutes April 21, 2016 (RL) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1484 Grove Circle Court; and pass Ordinances 8874-16, 8875-16 and 8876-16 on first reading. (ANX2016-02007) This voluntary annexation petition involves a 0.233-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 170 feet west of North Highland Avenue. 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 Grove Circle Court Sewer Expansion Project. The property is contiguous to existing city boundaries to the east and west. 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 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 full 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 the property by Station 51 located at 1720 Overbrook Avenue. The City has adequate capacity to serve the 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 the property. The Residential Low (RL) designation primarily permits residential uses Page 20 City of Clearwater City Council Meeting Minutes April 21, 2016 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). 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 the existing City boundaries to the east and west; therefore, the annexation is consistent with Florida Statutes Chapter 171.044. Councilmember Caudell moved to approve the annexation, initial Future Land Use Map designation of Residential Low (RL) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1484 Grove Circle Court. The motion was duly seconded and carried unanimously. Ordinance 8874-16 was presented and read by title only. Councilmember Cundiff moved to pass Ordinance 8874-16 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes:5 - Mayor Cretekos, Vice Mayor Jonson, Councilmember Caudell, Councilmember Cundiff, and Councilmember Hamilton Ordinance 8875-16 was presented and read by title only. Councilmember Hamilton moved to pass Ordinance 8875-16 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes:5 - Mayor Cretekos, Vice Mayor Jonson, Councilmember Caudell, Councilmember Cundiff, and Councilmember Hamilton Ordinance 8876-16 was presented and read by title only. Vice Mayor Jonson moved to pass Ordinance 8876-16 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes:5 - Mayor Cretekos, Vice Mayor Jonson, Councilmember Caudell, Councilmember Cundiff, and Councilmember Hamilton 8.9 Approve a request for termination of a Development Agreement as amended between the City of Clearwater and Clearwater Christian Private School Inc.; authorize the City Council and all appropriate officials to execute the Termination and Release of the Development Agreement as Amended; and adopt Resolution 16-05. Clearwater Christian College Private School, Inc., the property owner, Page 21 City of Clearwater City Council Meeting Minutes April 21, 2016 previously requested amendments to the City's Future Land Use Map and Zoning Atlas, which were approved by City Council in October 2010 (LUZ2010-06002). The 2010 amendments increased the amount of area designated Institutional (1) on the City's Future Land Use Map and Zoning Atlas (expanded Institutional area) in order to accommodate growth of the college. Concurrent with the map amendments, City Council also approved a development agreement, which establishes a master plan for the developed portion of the property, and sets forth certain encumbrances as outlined below (DVA2010-06001, as amended). The property owner has received several extensions to the development agreement in order to seek approval of the final jurisdictional line as required in the agreement, with the most recent extension providing until January 23, 2017 to receive such approval. The City has entered into contract negotiations to purchase approximately 111 acres of property from Clearwater Christian College, including a large portion, which is governed by the Development Agreement, as amended. Purchasing the property would create an opportunity for the City to provide water quality benefits to Tampa Bay, an impaired waterbody with a federally-recognized Total Maximum Daily Load (TMDL) for Nitrogen, through future water quality improvement projects. While the projects envisioned will differ from those outlined within the agreement as part of the Mitigation Plan, the overall outcome and Bay benefits realized will be the same. The City would like to remove the encumbrances in place through the development agreement prior to purchasing the property from the college. For this reason, the City and college are requesting a mutual, conditional termination of the development agreement, conditioned upon the City's purchase of a portion of the college's land. Additionally, the purchase contract is subject to the termination of the development agreement. Key provisions of the agreement, as amended, are highlighted below: • Establishes a Master Plan Area (28.55 acres) and a Mitigation Area (102.5 acres); • Restricts development of the property to a maximum of 750 dormitory beds and a maximum FAR of 0.169; • Requires the Developer to seek approval from the appropriate state and federal agencies (Southwest Florida Water Management District, Florida Department of Environmental Protection, U.S. Army Corps of Engineers) for an approved mitigation plan in the Mitigation Plan Area prior to the issuance of land clearing and building permits; • Requires the City to process the amendments to the future land use map and zoning designations under LUZ2010-06002; and • Requires that, in the event of termination, the property be returned to its current future land use map and zoning designations (prior to LUZ2010- 06002) Page 22 City of Clearwater City Council Meeting Minutes April 21, 2016 Termination of a Development Agreement: The City of Clearwater and Clearwater Christian College are requesting a mutual, conditional termination of the development agreement, conditioned upon the City's purchase of a portion of the college's land, pursuant to section 163.3237, Florida Statutes. The Community Development Board will review the proposed termination at its April 19, 2016 meeting and make a recommendation to the Council. The Planning and Development Department will report the recommendation at the City Council meeting. Planning Manager Lauren Matzke said the Community Development Board unanimously recommended approval at yesterday's meetings. Councilmember Caudell moved to approve a request for termination of a Development Agreement as amended between the City of Clearwater and Clearwater Christian Private School Inc.; authorize the City Council and all appropriate officials to execute the Termination and Release of the Development Agreement as Amended. The motion was duly seconded and carried unanimously. Resolution 16-05 was presented and read by title only. Councilmember Cundiff moved to adopt Resolution 16-05. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Jonson, Councilmember Caudell, Councilmember Cundiff, and Councilmember Hamilton 8.10Approve a Future Land Use Map Amendment from the Institutional (1), Preservation (P), Recreation/Open Space (R/OS), and Water/Drainage Feature designations to the Institutional (1), Commercial General (CG), Preservation (P), Recreation/Open Space (R/OS), Residential Low (RL), and Water/Drainage Feature designations for property located at 3400 Gulf-to-Bay Boulevard; and pass Ordinance 8895-16 on first reading. (LUP2016-03003) The subject site is comprised of four parcels of land 131.05 acres in area. It is located on the north side of Gulf-to-Bay Boulevard approximately 900 feet east of Bayshore Boulevard. The property is owned by Clearwater Christian College Private School, Inc, and is occupied by the college's facilities (now closed). The City and college are requesting a mutual, conditional termination of the development agreement governing the site (DVA2016, as amended), Page 23 City of Clearwater City Council Meeting Minutes April 21, 2016 conditioned upon the City's purchase of a portion of the college's land (request being considered concurrently with this case). The original development agreement states that upon termination, the property shall return to its current [as of the time of execution of the development agreement] future land use and zoning designations. Therefore, the City is initiating amendments to the Future Land Use Map to amend the future land use designations for the parcels from the Institutional (1), Preservation (P), Recreation/Open Space (R/OS), and Water/Drainage Feature categories to the Institutional (1), Commercial General (CG), Preservation (P), Recreation/Open Space (R/OS), Residential Low (RL), and Water/Drainage Feature categories in order to comply with this provision (refer to concurrent case REZ2016-03003). The Planning and Development Department has determined that the proposed Future Land Use Map amendment is consistent with the Community Development Code as specified below: • The proposed amendment is consistent with the Comprehensive Plan, the Countywide Plan Rules, and the Community Development Code. • The proposed amendment is compatible with the surrounding property and character of the neighborhood. • Sufficient public facilities are available to serve the property. • The proposed amendment will not have an adverse impact on the natural environment. • The proposed amendment will not have an adverse impact on the use of property in the immediate area. In accordance with the Countywide Plan Rules, this land use plan amendment is subject to the approval of the Pinellas Planning Council and the Board of County Commissioners acting as the Countywide Planning Authority. The application is a large-scale amendment so review and approval by the Florida Department of Economic Opportunity (Division of Community Planning) is also required. The Community Development Board will review the proposed amendments at its April 19, 2016 meeting and make a recommendation to the Council. The Planning and Development Department will report the recommendation at the City Council meeting. In response to questions, Planning Manager Lauren Matzke said a majority of the property will be designated Preservation with a water drainage feature, consistent with the bayou and wetlands in the area. Some portions would change to Commercial General Residential Low, some areas that are wetlands would change to Institutional because the City is required to Page 24 City of Clearwater City Council Meeting Minutes April 21, 2016 reinstitute the prior designations. Ms. Matzke said upon purchase of the property, the City would be able to process administrative adjustments to the future land use map for the portions of the property it owns and change the designations to Preservation, which would be more consistent with the wetlands characteristics. Councilmember Hamilton moved to approve a Future Land Use Map Amendment from the Institutional (1), Preservation (P), Recreation/Open Space (R/OS), and Water/Drainage Feature designations to the Institutional (1), Commercial General (CG), Preservation (P), Recreation/Open Space (R/OS), Residential Low (RL), and Water/Drainage Feature designations for property located at 3400 Gulf-to-Bay Boulevard. The motion was duly seconded and carried unanimously. Ordinance 8895-16 was presented and read by title only. Vice Mayor Jonson moved to pass Ordinance 8895-16 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes:5 - Mayor Cretekos, Vice Mayor Jonson, Councilmember Caudell, Councilmember Cundiff, and Councilmember Hamilton 8.11 Approve a Zoning Atlas Amendment from the Institutional (1), Preservation (P), and Open Space/Recreation (OS/R) Districts to the Institutional (1), Commercial (C), Preservation (P), Low Density Residential (LDR), and Open Space/Recreation (OS/R) Districts for property located at 3400 Gulf-to-Bay Boulevard; and pass Ordinance 8896-16 on first reading. (REZ2016-03003) The subject site is comprised of four parcels of land 131.05 acres in area. It is located on the north side of Gulf-to-Bay Boulevard approximately 900 feet east of Bayshore Boulevard. The property is owned by Clearwater Christian College Private School, Inc, and is occupied by the college's facilities (now closed). The City and college are requesting a mutual, conditional termination of the development agreement governing the site (DVA2016, as amended), conditioned upon the City's purchase of a portion of the college's land (request being considered concurrently with this case). The original development agreement states that upon termination, the property shall return to its current [as of the time of execution of the development agreement] future land use and zoning designations. Therefore, the City is initiating amendments to the Zoning Atlas to amend the zoning designations for the parcels from the Institutional (I), Preservation (P), and Open Space/Recreation (OS/R) Districts to the Institutional (I), Commercial (C), Preservation (P), Low Density Residential (LDR), and Open Space/Recreation (OS/R) Districts in order to comply with this provision (refer to concurrent case LUP2016-03003). Page 25 City of Clearwater City Council Meeting Minutes April 21, 2016 The Planning and Development Department has determined that the proposed Future Land Use Map amendment is consistent with the Community Development Code as specified below: • The proposed amendment is consistent with the Comprehensive Plan, the Countywide Plan Rules, and the Community Development Code. • The proposed amendment is compatible with the surrounding property and character of the neighborhood. • Sufficient public facilities are available to serve the property. • The proposed amendment will not have an adverse impact on the natural environment. • The proposed amendment will not have an adverse impact on the use of property in the immediate area. The Community Development Board will review the proposed amendments at its April 19, 2016 meeting and make a recommendation to the Council. The Planning and Development Department will report the recommendation at the City Council meeting. Councilmember Caudell moved to approve a Zoning Atlas Amendment from the Institutional (1), Preservation (P), and Open Space/Recreation (OS/R) Districts to the Institutional (1), Commercial (C), Preservation (P), Low Density Residential (LDR), and Open Space/Recreation (OS/R) Districts for property located at 3400 Gulf-to-Bay Boulevard. The motion was duly seconded and carried unanimously. Ordinance 8896-16 was presented and read by title only. Councilmember Cundiff moved to pass Ordinance 8896-16 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes:5 - Mayor Cretekos, Vice Mayor Jonson, Councilmember Caudell, Councilmember Cundiff, and Councilmember Hamilton 9. City Manager Reports 9.1 Approve a scope of services for AECOM as Engineer of Record for the design, engineering and production of construction documents and all related design services for permitting for specified tasks identified in the Clearwater North Marina Area Master Plan. This scope will encompass the following key elements of the North Marina Page 26 City of Clearwater City Council Meeting Minutes April 21, 2016 Master Plan (NMMP): existing parking area and Seminole Street modifications; waterfront boardwalk; Pinellas Trail connection; new boat and trailer parking lot; new car parking lot; new floating docks; new landscape and green space improvements including enhanced stormwater treatment; and conceptual design for enhancements to the existing park land owned by West Coast Inland Navigation District (WCIND). AECOM will prepare and submit permit applications, plans and supporting documents to the appropriate agencies or departments for review and approval. The project goal is to improve the infrastructure of the Old Bay/North Marina area. These proposed improvements will provide users of the north marina as well as the surrounding community with enhanced parking, upgraded features to promote increased use by residents and other users, and aesthetic improvements with landscaping and proposed park amenities. Coupled with other regulatory changes, these improvements will encourage private sector investment and expanded use in a manner to complement community, encourage additional area resident use, provide greater amenities, and utilize sustainable features as an integral component of design. For these and other reasons, it is recommended that the City Council approve the scope of services for Engineer of Record AECOM for the work outlined. APPROPRIATION CODE AND AMOUNT: A mid-year budget amendment will transfer General Fund reserves to special program 181-99888, ULI Report Implementation, in the amount of$375,000 to fund this contract. USE OF RESERVE FUNDS: Funding for this contract will be provided by a mid-year budget amendment allocating General Fund reserves in the amount of$375,000 to special program 99888, ULI Report Implementation. Inclusive of this item if approved, a net total of$1,918,646 of General Fund reserves has been appropriated by Council to fund expenditures in the 2015/16 operating budget. The remaining balance in General Fund reserves is approximately $29.8 million, or 23.9% of the current General Fund operating budget. Planning and Development Director Michael Delk said related to this item, staff drafted an ordinance change that can apply to the north marina area that will accommodate hotel density and have assigned additional FAR to accommodate certain uses, such as restaurants. The Community Development Board unanimously recommended approving the draft ordinance, which will come before Council in May. In response to questions, Mr. Delk said the item before council is similar Page 27 City of Clearwater City Council Meeting Minutes April 21, 2016 to the items included in the Seminole Boat Ramp Improvements; the estimates will be refined as the detailed design construction contracts are finalized. The City Manager said at this point there is no recommendation for funding the implementation phase. Mr. Delk said staff will meet with DEP in two weeks, staff may structure the overall project into certain components. The Army Corps of Engineers will be involved with the dredging component. A concern was expressed that a conceptual funding source designation for the implementation has not been identified. Assistant City Manager Jill Silverboard said Council has already authorized staff to pursue a grant for the boat ramp improvements. The scope of this work encompasses public property the City is in control of Staff is building the recommended budget for the coming year that will include 2nd century capital projects. One individual opposed the downtown redevelopment plan. Councilmember Caudell moved to approve a scope of services for AECOM as Engineer of Record for the design, engineering and production of construction documents and all related design services for permitting for specified tasks identified in the Clearwater North Marina Area Master Plan. The motion was duly seconded and upon the vote being taken: Ayes: 4 - Mayor Cretekos, Councilmember Caudell, Councilmember Cundiff, and Councilmember Hamilton Nays: 1 - Vice Mayor Jonson Motion carried. 9.2 Approve a Lease (No. 520010893) with the Board of Trustees of the Internal Improvement Trust Fund (TIIF) of the State of Florida for use of sovereign submerged lands beneath Pier 60 through April 1, 2021, authorize the appropriate officials to execute same, and adopt Resolution 16-11. The 5-year lease renewal document prepared by the State for use of submerged land under Pier 60 terminated April 1, 2016. The lease premises underlay the Pier 60 footprint on Clearwater Beach and include 14,450 square feet, more or less, of state bottomlands. On February 1, 2016, the Marine and Aviation Department provided timely notice to the Department of Environmental Properties (DEP), Bureau of Public Land Administration of the City's interest in renewing the subject lease for another five years. The renewal is processed after the new rates come out Page 28 City of Clearwater City Council Meeting Minutes April 21, 2016 annually in March. The lease remains substantially unchanged except for the annual Consumer Price Index increases. The City paid an annual lease fee for 2016/2017 of $5,607.08 on April 4, 2016, from the Pier 60 operating budget. The DEP bases this fee on a rate chart category of two times the aquatic preserve with natural shoreline. The charge was .343812 times the 14,450 square foot of bottomland. The cost of renewing the lease instrument for five years is $639.00. On January 1, 2006, the DEP implemented a new rule whereby all revenue taken in annually from April through March for fish admission, general admission, and fish passes must be reported. This amount is multiplied by 6% and the annual lease fee is subtracted from it. Any balance remaining is payment required back to the DEP. The income made on admission and fish passes from April 2015 through March 2016 was $279,873.70. This amount times 6% is $16,792.42. Because this is more than the 2015/2016 base fee of$4,892.74, the city will owe the DEP an additional $11,899.68 from the Pier operating fund. APPROPRIATION CODE AND AMOUNT: Funds are available in cost code 010-01374-544300, Land Rent, to fund this agreement. Vice Mayor Jonson moved to approve a Lease (No. 520010893) with the Board of Trustees of the Internal Improvement Trust Fund (TIIF) of the State of Florida for use of sovereign submerged lands beneath Pier 60 through April 1, 2021, authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. Resolution 16-11 was presented and read by title only. Councilmember Caudell moved to adopt Resolution 16-11. The motion was duly seconded and upon roll call, the vote was: Ayes:5 - Mayor Cretekos, Vice Mayor Jonson, Councilmember Caudell, Councilmember Cundiff, and Councilmember Hamilton 9.3 Reschedule the June 2, 2016 Council Meeting to Wednesday, June 1, 2016 at 6:00 p.m. and cancel the May 31 work session scheduled at 1:00 p.m. The Mayor and City Manager have been invited to attend Clearwater High School's graduation ceremony on June 2, 2016 at 7:00 p.m. at Bright House Page 29 City of Clearwater City Council Meeting Minutes April 21, 2016 Field. Council has scheduled a council meeting on Thursday, June 2, 2916 at 6:00 p.m. Staff is recommending cancelling the work session scheduled on May 31 at 1:00 p.m. and holding a council meeting only that week. Councilmember Hamilton moved to reschedule the June 2, 2016 Council Meeting to Wednesday, June 1, 2016 at 6:00 p.m. and cancel the May 31 work session scheduled at 1:00 p.m. The motion was duly seconded and carried unanimously. 10. City Attorney Reports — None. 11. Closing comments by Councilmembers (limited to 3 minutes) Councilmember Cundiff expressed appreciation for the City's concern for the wetlands located at 3400 Gulf to Bay Boulevard, where he worked for 19 years. Vice Mayor Jonson congratulated KnowBe4 CEO Stu Sjouwerman for being named in Tampa Bay's Top 100 Workplaces and ranked the top workplace among small firms in Tampa Bay. He said PSTA is evaluating many of the bus routes including Clearwater and areas adjacent to Clearwater. There will be a public meeting on June 7 at the East Library. At the Metropolitan Planning Organization/Pinellas Planning Council (MPO/PPC) meeting, Whit Blanton reported that the State of Florida is doing a corridor study on SR60. PSTA will be opening up the Largo Commons transfer point, which is adjacent to the Walmart located on the southwest corner of Roosevelt Blvd. and US 19. Councilmember Caudell said there will be two MPO spotlight beach access transportation meetings on May 3 at the Madeira Beach City Hall and on May 16 at the Pinellas Park Performing Arts Center. 12. Closing Comments by Mayor Mayor Cretekos reviewed recent and upcoming events. 13. Adjourn The meeting adjourned at 7:50 p.m. Page 30 City of Clearwater City Council Attest /-4-(-ht_ak a: a City Clerk Meeting Minutes City of Clearwater .-Ge49(\tr\cr t\IZ April 21, 2016 Mayor City of Clearwater Page 31