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09/19/2019 City Council Meeting Minutes September 19, 2019 City of Clearwater Main Library- Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 Meeting Minutes Thursday, September 19, 2019 6:00 PM Main Library - Council Chambers City Council Page 1 City of Clearwater City Council Meeting Minutes September 19, 2019 Roll Call Present: 5 - Mayor George N. Cretekos, Councilmember Jay Polglaze, Councilmember Hoyt Hamilton, Vice Mayor Bob Cundiff and Councilmember David Allbritton Also Present: William B. Horne 11 — City Manager, Micah Maxwell —Assistant City Manager, Michael Delk—Assistant City Manager, Pamela K. Akin City Attorney, Rosemarie Call — City Clerk and Nicole Sprague — Official Records & 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 Cretekos The meeting was called to order at 6:00 p.m. in Council Chambers at the Main Library. 2. Invocation — Pastor Danny McDonald from North Bay Community Church 3. Pledge of Allegiance — Councilmember Allbritton 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 September Service Awards One service award was presented to a city employee. The August 2019 Employee of the Month Award was presented to Michelle LaBrie, Marine. 4.2 Life Insurance Awareness Month Proclamation, September 2019 - Ms. Katherine Jones, National Association of Insurance and Financial Advisors (NAIFA). 4.3 United Way Month Proclamation, September 27-October 25, 2019 - Tony Magganas, Clearwater Gas System Page 2 City of Clearwater City Council Meeting Minutes September 19, 2019 4.4 Energy Efficiency Day Proclamation, October 2, 2019 - Sheridan Boyle, Sustainability Coordinator 4.5 State of the City Presentation - City Manager Bill Horne The City Manager provided a PowerPoint presentation. 5. Approval of Minutes 5.1 Approve the September 5, 2019 City Council Meeting Minutes as submitted in written summation by the City Clerk. Councilmember Allbritton moved to approve the September 5, 2019 City Council Meeting Minutes 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 Lance Dyer provided Council with information on Kratom and urged the city pursue banning the product. Shannon O'Leary-Beck opposed plans being implemented at Crest Lake Park and expressed safety concerns with the pond as the Southwest Florida Water Management District has classified the waterbody not suited for swimming. Kathy Flaherty opposed the installation of the boat dock and splash pad at Crest Lake Park and expressed safety concerns with the pond at the park. Mr. Holuba said he had a delightful time during a recent visit to Dunedin. He said he counted over 21 homeless individuals in the Clearwater Downtown area recently and opposed the City spending any funds towards Downtown. Lisa Lanza opposed the proposed fire and light art installments, the Japanese pagoda and amphitheater seating for Coachman Commons that were presented at the last council meeting. Page 3 City of Clearwater City Council Meeting Minutes September 19, 2019 7. Consent Agenda — Approved as submitted less Item 7.2. 7.1 Approve an Interlocal Agreement between the City of Clearwater and the Community Redevelopment Agency (CRA) to provide staffing, Information Technology Services and telephone services for the CRA, provide for the reimbursement of certain expenses by the CRA to the City and authorize the appropriate officials to execute same. (consent) 7.2 Approve the amendment to the collective bargaining agreement as negotiated between the City of Clearwater and Communications Workers of America, Local 3179 (CWA) for Fiscal year 2019/2020 and authorize the appropriate officials to execute same. (consent) See below. 7.3 Approve a 5-year Revocable License Agreement, from September 1, 2019 through August 31, 2024, between the City of Clearwater and Sunsets at Pier 60 Society, Inc. (Agency) to provide a nightly festival at Pier 60 Park to promote tourism to Clearwater and Clearwater Beach and authorize the appropriate officials to execute same. (consent) 7.4 Accept membership into the World Health Organization's and AARP's Network of Age-Friendly Cities and Communities Initiative. (consent) 7.5 Approve a one-year Agreement with Juvenile Welfare Board (JWB) and the City of Clearwater for funding youth programs, approve a first quarter 2019/2020 budget amendment of$453,032 in special program 181-99872, Coordinated Child Care Ross Norton, and authorize the appropriate officials to execute same. (consent) 7.6 Approve a contract with the Pinellas County Sheriff's Office, Largo, Florida, in the amount of$531,419 plus contingency of$30,961 for forensic crime scene processing, latent prints, property and evidence storage, and Pinellas Juvenile Assessment Center services, during the one-year contract period commencing on October 1, 2019 through September 30, 2020, and authorize the appropriate officials to execute same. (consent). 7.7 Approve an agreement with Axon, Incorporated, of Scottdale, AZ, in the amount of $917,068, for Taser 7 equipment, licensing, maintenance, and training, in accordance with City Code of Ordinances Section 2.564(1)(d) Other Government Entities Bids and authorize the appropriate officials to execute same. (consent) 7.8 Approve an Interlocal Agreement between the Clearwater Community Redevelopment Agency (CRA) and the City of Clearwater to provide CRA funding in Fiscal Year Page 4 City of Clearwater City Council Meeting Minutes September 19, 2019 2019-2020 in the amount of$186,291 to underwrite the cost of additional Community Policing services by the Clearwater Police Department in the Downtown Gateway District, Town Lake District, and Downtown Core District, encompassed by the CRA (Community Redevelopment Area) to address quality of life issues, drug dealing, prostitution, and homelessness and authorize the appropriate officials execute same. (consent) 7.9 Approve renewal of the TriTech Software Support Agreement, in the amount of$187,976, for a 12-month period beginning October 1, 2019 and ending September 30, 2020 and authorize the appropriate officials to execute same. (consent) 7.10Approve an Interlocal Agreement between the Clearwater Community Redevelopment Agency (CRA) and the City of Clearwater to provide CRA funding in Fiscal Year 2019-2020 in the amount of$99,640 to underwrite activities in the Clearwater Main Library that support community learning in the areas of Science, Technology, Engineering and Math (STEM), Entrepreneurship and small business growth and authorize the appropriate officials to execute same. (consent) 7.11 Approve a contract (purchase order) to Oracle America, Inc., Redwood Shores, CA for the period of October 1, 2019 through September 30, 2020 for software maintenance, at a cost not to exceed $294,000.00 in accordance with Sec. 2.564(1) (b) Code of Ordinances, sole source, and authorize the appropriate officials to execute same. (consent) 7.12Authorize the piggyback State Contract FL- 43190000-18-NASPO-ACS-1 for Public Safety Communications Support Equipment, in the amount of$104,600.00, to Xybix Systems, Inc. of Littleton, CO, pursuant to Clearwater Code of Ordinances Section 2.564(1)(d) Exceptions to Bid - Other Governmental Entity Bids and authorize the appropriate officials to execute same. (consent) 7.13Authorize the piggyback of NASPO Contract Number ADAPO16-130651, Software Value Added Reseller Services - OpenGov, SHI International Corp., of Somerset, NJ; initial term amount of$97,500 with four one-year annual renewal options, pursuant to Clearwater Code of Ordinances Section 2.564(1)(d) Exceptions to Bid - Other Government Entities' Bids and authorize the appropriate officials to execute same. (consent) 7.14Authorize a blanket purchase order to Odyssey Manufacturing Company of Tampa, FL, for the purchase of liquid sodium hypochlorite, in the annual not-to-exceed amount of $550,000, with option for three one-year term extensions, pursuant to Clearwater Code of Page 5 City of Clearwater City Council Meeting Minutes September 19, 2019 Ordinances Section 2.564 Exceptions to Bidding and authorize the appropriate officials to execute same. (consent) 7.15Authorize the piggyback of Pinellas County Contract Number 167-0456-B, Pumping and Tankering Services, to EnviroWaste Services Group, Inc. of Palmetto Bay, FL, T. Wayne Hill Trucking, Inc. of Mulberry, FL, and FCS, Inc. of Clearwater, FL in the annual not-to-exceed amount of$750,000 with option for renewal terms per contract, pursuant to Clearwater Code of Ordinances Section 2.564(1)(d) Exceptions to Bid - Other Government Entities' Bids and authorize the appropriate officials to execute same. (consent) 7.16Authorize surplus disposition of G2179 and G3943 via auction to the highest bidder, pursuant to Clearwater Code of Ordinances Section 2.622, Surplus Personal Property. (consent) 7.17Approve the 2020 City Council Meeting Schedule. (consent) Councilmember Polglaze moved to approve the Consent Agenda as submitted, less Item 7.2, and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. 7.2 Approve the amendment to the collective bargaining agreement as negotiated between the City of Clearwater and Communications Workers of America, Local 3179 (CWA) for Fiscal year 2019/2020 and authorize the appropriate officials to execute same. (consent) The current collective bargaining agreement between the City of Clearwater and Communications Workers of America expires on September 30, 2020. The parties have reached a tentative agreement for an amendment to this contract, effective October 1, 2019, which was ratified by the membership. The amendment is to implement the proposal by Public Sector Personnel Consultants (PSPC) that was presented and approved by Council on May 14, 2019, that updates job classifications,job descriptions, pay range tables, one-time compression adjustment and 40-hour work week for all classifications. Any applicable PSPC increase will be implemented prior to the merit pay increase and pay adjustments in the current agreement, Article 9, Section 1(A). APPROPRIATION CODE AND AMOUNT: The total estimated cost of implementation of the results of the PSPC study Page 6 City of Clearwater City Council Meeting Minutes September 19, 2019 were included in the proposed fiscal year 2019/20 budget. The Mayor presented a letter provided by the CWA. Vice Mayor Cundiff moved to approve the amendment to the collective bargaining agreement as negotiated between the City of Clearwater and Communications Workers of America, Local 3179 (CWA) for Fiscal year 2019/2020 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 Adopt Ordinance 9322-19 on second reading, declaring the millage rate for the Fiscal Year ending September 30, 2020, for operating purposes including the funding of pensions, debt service, and road maintenance for capital improvement expenditures at 5.9550 mills. Ordinance 9322-19 was presented and read in full. Councilmember Hamilton moved to adopt Ordinance 9322-19 on second and final reading, declaring the millage rate for the Fiscal Year ending September 30, 2020, for operating purposes including the funding of pensions, debt service, and road maintenance for capital improvement expenditures at 5.9550 mills. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Councilmember Polglaze, Councilmember Hamilton, Vice Mayor Cundiff and Councilmember Allbritton 8.2 Adopt Ordinance 9323-19 on second reading, adopting an Operating Budget for the Fiscal Year ending September 30, 2020, authorizing the City Manager to issue such instructions that are necessary to achieve and accomplish the service programs so authorized; authorizing the City Manager to transfer monies and programs among the departments and activities within any fund as provided by Chapter 2 of the Clearwater Page 7 City of Clearwater City Council Meeting Minutes September 19, 2019 Code of Ordinances. Ordinance 9323-19 was presented and read by title only. Councilmember Allbritton moved to adopt Ordinance 9323-19 on second and final reading, adopting an Operating Budget for the Fiscal Year ending September 30, 2020, authorizing the City Manager to issue such instructions that are necessary to achieve and accomplish the service programs so authorized; authorizing the City Manager to transfer monies and programs among the departments and activities within any fund as provided by Chapter 2 of the Clearwater Code of Ordinances. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Councilmember Polglaze, Councilmember Hamilton, Vice Mayor Cundiff and Councilmember Allbritton 8.3 Adopt Ordinance 9324-19 on second reading, adopting the Capital Improvement Program budget for the Fiscal Year ending September 30, 2020, approving the six-year Capital Improvement Program which hall be reevaluated at the beginning of each Fiscal Year; authorizing the City Manager to issue such instructions that are necessary to achieve and accomplish the capital improvements so authorized; authorizing the City Manager to transfer money between projects in the Capital Improvement Program; and appropriating available and anticipated resources for the projects identified. Ordinance 9324-19 was presented and read by title only. Councilmember Polglaze moved to adopt Ordinance 9324-19 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Councilmember Polglaze, Councilmember Hamilton, Vice Mayor Cundiff and Councilmember Allbritton 8.4 Approve the annexation, initial Future Land Use Map designation of Residential Low (RL) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1819 Audubon Street and 1015 Woodside Avenue, and pass Ordinances 9298-19, 9299-19 and 9300-19 on first reading. (ANX2019-06001) Page 8 City of Clearwater City Council Meeting Minutes September 19, 2019 These voluntary annexation petitions involve 0.72 acres consisting of two parcels of land occupied by single-family dwellings. The properties are generally located north of Lakeview Road, south of Druid Road, east of South Duncan Avenue, and west of South Hercules Avenue. The applicant at 1819 Audubon Street is requesting annexation to receive sanitary sewer and solid waste services from the City, and the applicant at 1015 Woodside Avenue is requesting annexation to receive solid waste service only. The properties are located within enclaves and are contiguous to existing city limits along at least one boundary. It is proposed that the properties 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 annexations are consistent with the provisions of Community Development Code Section 4-604.E as follows: • The properties currently receive water service from the City. For the property located at 1819 Audubon Street, the closest sanitary sewer line is located in the Audubon Street right-of-way. The applicant has paid the city's sewer impact and assessment fees and has been connected to the system. Sewer service is not readily available to the property located at Woodside Avenue. Collection of solid waste will be provided to both properties by the City of Clearwater. 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 #49 located at 565 Sky Harbor Drive. The City has adequate capacity to serve these properties with solid waste, police, fire and EMS service. 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 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. Page 9 City of Clearwater City Council Meeting Minutes September 19, 2019 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 to be assigned to both properties is consistent with the Countywide Plan designation of the properties. This 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) District. The use of the subject properties is consistent with the uses allowed in the 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 are contiguous to existing city limits along at least one boundary; therefore, the annexations are consistent with Florida Statutes Chapter 171.044. One individual spoke in support. Vice Mayor Cundiff 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 1819 Audubon Street and 1015 Woodside Avenue. The motion was duly seconded and carried unanimously. Ordinance 9298-19 was presented and read by title only. Councilmember Hamilton moved to amend Ordinance 9298-19 as follows: "On page 1 amend Ordinance 9298-19 to change the title of the ordinance to read as follows, to remove the property located at 1015 Woodside Avenue as requested by the owner and to add a portion of right-of-way proposed to be annexed: AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTI€SY LOCATED GENERALLY NORTH OF LAKEVIEW ROAD, SOUTH OF DRUID ROAD, EAST OF SOUTH DUNCAN AVENUE, AND WEST OF SOUTH HERCULES AVENUE, WHOSE POST OFFICE ADDRESSES ARE IS 1819 AUDUBON STREET, CLEARWATER,FLORIDA33764A"in 7615 A OODcinG Page 10 City of Clearwater City Council Meeting Minutes September 19, 2019 AVEN IE CI EARWATER FLORIDA 33?06 TOGETHER WITH A CERTAIN PORTION OF AUDUBON STREET RIGHT-OF-WAY, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITIONS; PROVIDING AN EFFECTIVE DATE. On page 1 amend Ordinance 9298-19 recital as follows: WHEREAS, the owners-of the real propertydescribed herein and depicted on the map attached hereto as Exhibit B haves petitioned the City of Clearwater to annex the properties into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, On page 1, amend Section 1. As follows: Section 1. The following-described propertiesLare-is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: Amend Exhibit A, Legal Descriptions, to remove the legal description for 1015 Woodside Avenue and add a legal description for a portion of right-of-way to be annexed, as follows: LEGAL DESCRIPTIONS ANX2019-06001 ----------------------------------------------- ----------------------------------------------- No. Parcel ID Lot No., Block No. Address 1. 13-29-15-32382-000-0130 Lot 13 1819 Audubon St. The above in Gracemoor Subdivision, as recorded in PLAT BOOK 30, PAGE 7, of the Public Records of Pinellas County, Florida. Together with the South 3' wide portion of Right-of-Way of Audubon St., West of Regent Ave. Page 11 City of Clearwater City Council Meeting Minutes September 19, 2019 ^►, Par-cel ►^ Lot No., Block No. Address 2. 14 29 15 62010 000 0060 Lot 61015 Woodside Ave. The above in Unit 5 of Oak Anres Subdivisions I as renorded in PLAT ROOK 40PAGE 42 of the Publin Renords of Pinellas County Florida Replace Exhibit B Proposed Annexation with amended Exhibit B, with 1015 Woodside Avenue removed from the map and the Audubon Street right-of-of-way to be annexed depicted on the map, as attached." The motion was duly seconded and carried unanimously. Councilmember Hamilton moved to approve Ordinance 9298-19, as amended, on first reading. The motion was duly seconded and carried with the following vote: Ayes: 5 - Mayor Cretekos, Councilmember Polglaze, Councilmember Hamilton, Vice Mayor Cundiff and Councilmember Allbritton Ordinance 9299-19 was presented and read by title only. Councilmember Hamilton moved to amend Ordinance 9299-19 as follows: "On page 1 amend Ordinance 9299-19 to change the title of the ordinance to read as follows to remove the property located at 1015 Woodside Avenue as requested by the owner: AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTIESY LOCATED GENERALLY Page 12 City of Clearwater City Council Meeting Minutes September 19, 2019 NORTH OF LAKEVIEW ROAD, SOUTH OF DRUID ROAD, EAST OF SOUTH DUNCAN AVENUE, AND WEST OF SOUTH HERCULES AVENUE, WHOSE POST OFFICE ADDRESSES ARE IS 1819 AUDUBON STREET, CLEARWATER, FLORIDA 33764 AND 1015 WOODSIDE AVENUE, CLEARWATER, FLORIDA 33756, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL LOW (RL); PROVIDING AN EFFECTIVE DATE. On page 1, amend Section 1. as follows: Section 1. The Future Land Use Element of the Comprehensive Plan of the City of Clearwater is amended by designating the land use category for the hereinafter described propertfesy, upon annexation into the City of Clearwater, as follows: Propert�esy Land Use = Category See attached Residential Exhibit A for Legal Low (RL) Descriptions. Amend Exhibit A, Legal Descriptions, to remove the legal description for 1015 Woodside Avenue as follows: LEGAL DESCRIPTIONS} ANX2019-06001 ---------------------------------------------------------- ---------------------------------------------------------- No. Parcel ID Lot No., Block No.Address 1. 13-29-15-32382-000-0130 Lot 131819 Audubon St. The above in Gracemoor Subdivision, as recorded in PLAT BOOK 30, PAGE 7, of the Public Records of Pinellas County, Florida. AI�T`nl lD LotNo.,Bl10-Gk No.Address 2. 14-29-15-62010-000-0060 Lot 61015 Woodside Ave. Page 13 City of Clearwater City Council Meeting Minutes September 19, 2019 The above in Unit 5 of Oak Anres Subdivisions I as renorded in PLAT ROOK 0, PAGE 42, of the Pub�T`Gords of Pinus County, Florirl� Replace Exhibit B Proposed Future Land Use Map with amended Exhibit B, with 1015 Woodside Avenue removed from the map, as attached." The motion was duly seconded and carried unanimously. Councilmember Allbritton moved to pass Ordinance 9299-19, as amended, on first reading. The motion was duly seconded and carried with the following vote: Ayes: 5 - Mayor Cretekos, Councilmember Polglaze, Councilmember Hamilton, Vice Mayor Cundiff and Councilmember Allbritton Ordinance 9300-19 was presented and read by title only. Councilmember Hamilton moved to amend Ordinance 9300-19 as follows: "On page 1 amend Ordinance 9300-19 to change the title of the ordinance to read as follows to remove the property located at 1015 Woodside Avenue as requested by the owner: AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTI€SY LOCATED GENERALLY NORTH OF LAKEVIEW ROAD, SOUTH OF DRUID ROAD, EAST OF SOUTH DUNCAN AVENUE, AND WEST OF SOUTH HERCULES AVENUE, WHOSE POST OFFICE ADDRESSES ARE IS 1819 AUDUBON STREET, CLEARWATER, FLORIDA 33764 AND 1015 nnncnG AVENUE, LEARWATf FLORIDA 33756, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. On page 1, amend Section 1. as follows: Page 14 City of Clearwater City Council Meeting Minutes September 19, 2019 Section 1. The following described propertiesy located in Pinellas County, Florida, are is hereby zoned as indicated upon annexation into the City of Clearwater, and the Zoning Atlas of the City is amended, as follows: Propertjesy Zoning District See attached Low Exhibit A for Legal Medium Descriptions Density Residential (LMDR) Amend Exhibit A, Legal Descriptions, to remove the legal description for 1015 Woodside Avenue as follows: LEGAL DESCRIPTIONS} ANX2019-06001 ---------------------------------------------------------- ---------------------------------------------------------- No. Parcel ID Lot No., Block No.Address 1. 13-29-15-32382-000-01301-ot 13 1819 Audubon St. The above in Gracemoor Subdivision, as recorded in PLAT BOOK 30, PAGE 7, of the Public Records of Pinellas County, Florida. AI�T`el lD LotNo.,Bl10-Gk No.Address 2. 14-29-15-6Lei 61015 Woodside Ave. The above in Unit 5 of Oak Anres Subdivisions rlas renorerl in PLAT ROOK 0, PAGE 42, of the Pub�TeGords of Pinus County, FloriiJ� Replace Exhibit B Proposed Zoning Map with amended Exhibit B, with 1015 Woodside Avenue removed from the map, as attached." The motion was duly seconded and carried unanimously. Councilmember Polglaze moved to pass Ordinance 9300-19, as Page 15 City of Clearwater City Council Meeting Minutes September 19, 2019 amended, on first reading. The motion was duly seconded and carried with the following vote: Ayes: 5 - Mayor Cretekos, Councilmember Polglaze, Councilmember Hamilton, Vice Mayor Cundiff and Councilmember Allbritton 8.5 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 712 Moss Avenue and 3047 Lake Vista Drive, and pass Ordinances 9301-19, 9302-19, and 9303-19 on first reading. (ATA2019-06001) The City of Clearwater Public Utilities Department has expanded sewer service into the Kapok Terrace neighborhood located generally north of Drew Street, south of SR 590, and within '/4 mile west of McMullen Booth Road. This application includes two parcels of land in the expansion area which are occupied by two single family homes totaling 0.39 acres. These properties are subject to Agreements to Annex that were recorded in September 2017 and February 2018 respectively. The two properties are contiguous to existing city limits along at least one property boundary and are eligible for annexation. It is proposed that the properties 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 annexations are consistent with the provisions of Clearwater Community Development Code Section 4-604.E as follows: • The properties currently receive water and sewer service from the City of Clearwater. The City is already collecting solid waste at 712 Moss Avenue, and upon annexation, will provide service to 3047 Lake Vista Drive. 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 #49 located at 565 Sky Harbor Drive. The City has adequate capacity to serve these properties with police, fire and EMS service. 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 Page 16 City of Clearwater City Council Meeting Minutes September 19, 2019 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.7.1.3 Invoke agreements to annex where properties located within enclaves meet the contiguity requirements of Florida Statutes Chapter 171. • The proposed Residential Low (RL) Future Land Use Map category to be assigned to both properties is consistent with the Countywide Plan designation of the properties. This designation primarily permits residential uses at a density of 5 units per acre. The proposed zoning district to be assigned to the properties is Low Medium Density Residential (LMDR). The use of the subject properties is consistent with the uses allowed in the 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 are contiguous to existing city limits along at least one boundary; therefore, the annexations are consistent with Florida Statutes Chapter 171.044. Vice Mayor Cundiff 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 712 Moss Avenue and 3047 Lake Vista Drive. The motion was duly seconded and carried unanimously. Ordinance 9301-19 was presented and read by title only. Councilmember Hamilton moved to pass Ordinance 9301-19 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Councilmember Polglaze, Councilmember Hamilton, Page 17 City of Clearwater City Council Meeting Minutes September 19, 2019 Vice Mayor Cundiff and Councilmember Allbritton Ordinance 9302-19 was presented and read by title only. Councilmember Allbritton moved to pass Ordinance 9302-19 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Councilmember Polglaze, Councilmember Hamilton, Vice Mayor Cundiff and Councilmember Allbritton Ordinance 9303-19 was presented and read by title only. Councilmember Polglaze moved to pass Ordinance 9303-109 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Councilmember Polglaze, Councilmember Hamilton, Vice Mayor Cundiff and Councilmember Allbritton 8.6 Approve the first amendment to an existing Hotel Development Agreement (HDA2014-07004) between Decade Sea Captain, LLC (the property owner) and the City of Clearwater for property located at 40 Devon Drive, which replaces Exhibit A to provide an updated legal description and replaces Exhibit B to provide new conceptual site plans and elevations, reduce the overall height of the proposed hotel building, add a detached dwelling to the portion of the property within the Low Medium Density Residential (LMDR) District; adopt Resolution 19-18 and authorize the appropriate officials to execute same. (HDA2014-07004A) Site History: December 21, 2010: Case FLD2010-08004 approved to permit an 85-unit overnight accommodation use. Status: expired. January 13, 2011: DVA2010-08001 approved the allocation of up to 53 units from the Hotel Density Reserve for an 85-unit overnight accommodations use as related to case FLD2010-08004. Status: expired. May 21, 2013: Case FLD2013-02007 approved to permit an 85-unit overnight accommodation use in the Tourist (T) District. Status: expired. Page 18 City of Clearwater City Council Meeting Minutes September 19, 2019 June 19, 2013: DVA2010-08001A approved. Status: expired. October 15, 2014: HDA2014-07004 approved the allocation of up to 66 units from the Hotel Density for a 98-unit overnight accommodations use related to case FLD2015-02006. Status: valid. The current proposal under consideration is to amend this Development Agreement. April 21, 2015: Case FLD2015-02006 approved to permit a 98-unit overnight accommodation use. Status: valid although unconstructed. September 14, 2018: A minor revision to FLD2015-02006 was submitted and administratively approved pursuant to CDC Section 4-405.A.1 through 9 and a Development Order to that effect was issued on September 24, 2018. September 18, 2018: Case FLD2018-06020 approved to permit a parking garage in the for the properties located at 101 Coronado Drive and 41 Devon Drive. This application is peripherally related to the subject site as it provides 118 parking spaces for the proposed hotel. Status: valid although unconstructed. October 15, 2019: Case FLD2015-02006A which amends case FLD2015-02006 to be consistent with the current, proposed Hotel Development Agreement amendment (HDA2014-07004A) is scheduled for review by the Community Development Board. Development Proposal: No changes have been made to the Development Proposal presented at the September 5, 2019 Council meeting. The owners continue to propose to construct a 98-unit hotel including 66 units allocated from the Hotel Density Reserve through Beach by Design as previously approved by City Council on October 15, 2014 as part of a Level III Development Agreement (HDA2014-07004/Resolution 14-32). The proposal also includes constructing a detached dwelling in the portion of the site within the LMDR District. The proposal, in short, updates the legal description (Exhibit A) includes a new conceptual site plan and accompanying building elevations (Exhibit B) as well as changes to the Development Agreement. No changes to the hotel component beyond that as otherwise approved through the noted minor amendment are proposed. The changes to the Development Agreement are listed below: Page 19 City of Clearwater City Council Meeting Minutes September 19, 2019 ■ Section 4.1: Adds the proposed detached dwelling as a use to the site in addition to the 98-unit hotel and specifies that the hotel component is only located on the T District portion of the site and the detached dwelling component is only located on the LMDR District portion of the site. ■ Section 4.4: Decreases the height of the building from 100 feet to 77 feet. ■ Section 4.5: Clarifies that the intensity of use within the LMDR District portion of the site is limited to one dwelling unit, specifies a height of the detached dwelling of 30 feet from BFE. ■ Section 6.1.7: Clarifies that no unit within the T District portion of the site shall have a complete kitchen facility as defined by the Community Development Code. This is to allow the detached dwelling to include a full kitchen as allowed by the Community Development Code. Consistency with the Community Development Code: No changes have been made to the Conceptual Site Plan presented at the September 5, 2019 Council meeting. The Conceptual Site Plan continues to appear to be consistent with the CDC regarding: ■ Minimum Lot Area and Width ■ Minimum Setbacks ■ Maximum Height ■ Minimum Off-Street Parking ■ Landscaping Consistency with Beach by Design: No changes have been made to the Conceptual Site Plan and Elevations presented at the September 5, 2019 Council meeting. The Conceptual Site Plan and Elevations continue to appear to be consistent with the Beach by Design regarding: ■ Design Guidelines ■ Hotel Density Reserve Standards for Development Agreements: The proposal is compliant with the standards for development agreements and is consistent with the Comprehensive Plan. The proposed Development Agreement would be in effect for a period not to exceed 10 years, meets the criteria for the allocation of rooms from the Hotel Density Reserve under Beach by Design and includes the following main provisions: ■ Provides for no change in the number of units (66 units) allocated from the Hotel Density Reserve (previously approved as part of HDA2014- 07004/Resolution 14-32); Page 20 City of Clearwater City Council Meeting Minutes September 19, 2019 ■ Clarifies that a full kitchen is permissible for the proposed detached dwelling; ■ Clarifies that the rental period for the detached dwelling shall not include rentals for periods of less than 31 days or one calendar month, whichever is less, or which is advertised or held out to the public as a place rented for periods of less than 31 days or one calendar month, whichever is less; ■ Limits the proposed height of the detached dwelling to no more than 30 feet; ■ Revises Exhibit A which updates the legal description; ■ Revises Exhibit B which includes new conceptual site plans, architectural drawings, elevations and perspectives; ■ Requires the developer to obtain site plan approval pursuant to a Level One or Level Two development application within one year of approval of the amended and restated Development Agreement and obtain building permits and certificates of occupancy in accordance with Community Development Code (CDC) Section 4-407; ■ Requires the return of any hotel unit obtained from the Hotel Density Reserve that is not constructed; ■ For units allocated from the Hotel Density Reserve, prohibits the conversion of any hotel unit to a residential use and requires the recording of a covenant restricting use of such hotel units to overnight accommodation usage; ■ Provides that all units in a hotel receiving units from the Reserve shall be made available to the public as overnight transient hotel guests at all times through the required hotel reservation system; ■ That no hotel room in a hotel allocated units from the Reserve will have a full kitchen; ■ That a reservation system shall be required as an integral part of the hotel use and there shall be a lobby/front desk area that must be operated as a typical lobby/front desk area for a hotel would be operated; and ■ Requires a legally enforceable mandatory evacuation/closure covenant that the hotel will be closed as soon as practicable after a hurricane watch that includes Clearwater Beach is posted by the National Hurricane Center. Changes to Development Agreements: Pursuant to Section 4-606.1., CDC, a Development Agreement may be amended by mutual consent of the parties, provided the notice and public hearing requirements of Section 4-206 are followed. Revisions to conceptual site plans and/or architectural elevations attached as exhibits to this Development Agreement shall be governed by the provisions of CDC Section 4-406,. Minor revisions to such plans may be approved by the Community Development Coordinator. Other revisions not specified as minor shall require an amendment to this Development Agreement. The Planning and Development Department is recommending approval of this first amendment to an existing Development Agreement which the allocated up to 66 units from the Hotel Density Reserve under Beach by Design, amends Page 21 City of Clearwater City Council Meeting Minutes September 19, 2019 Exhibit A (legal description) and amends Exhibit B (site plans and elevations). Vice Mayor Cundiff moved to approve the first amendment to an existing Hotel Development Agreement (HDA2014-07004) between Decade Sea Captain, LLC (the property owner) and the City of Clearwater for property located at 40 Devon Drive, which replaces Exhibit A to provide an updated legal description and replaces Exhibit B to provide new conceptual site plans and elevations, reduce the overall height of the proposed hotel building, add a detached dwelling to the portion of the property within the Low Medium Density Residential (LMDR) District and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. Resolution 19-18 was presented and read by title only. Councilmember Hamilton moved to adopt Resolution 19-18. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Councilmember Polglaze, Councilmember Hamilton, Vice Mayor Cundiff and Councilmember Allbritton 9. City Manager Reports 9.1 Amend the City's fiscal year 2018/19 operating and capital improvement budgets at third quarter and pass Ordinances 9325-19 and 9326-19 on first reading. The fiscal year 2018/19 operating and capital improvement budgets were adopted in September 2018 by ordinances 9194-18 and 9195-18. Section 2.521 of the City's Code of Ordinances requires the City Manager to prepare a quarterly report detailing income, expenditure estimates, collections, the explanation of significant variances, as well as the financial status of all capital improvement projects. Councilmember Allbritton moved to amend the City's fiscal year 2018/19 operating and capital improvement budgets at third quarter. The motion was duly seconded and carried unanimously. Ordinance 9325-19 was presented and read by title only. Page 22 City of Clearwater City Council Meeting Minutes September 19, 2019 Councilmember Polglaze moved to pass Ordinance 9325-19 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Councilmember Polglaze, Councilmember Hamilton, Vice Mayor Cundiff and Councilmember Allbritton Ordinance 9326-19 was presented and read by title only. Vice Mayor Cundiff moved to pass Ordinance 9326-19 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Councilmember Polglaze, Councilmember Hamilton, Vice Mayor Cundiff and Councilmember Allbritton 9.2 Authorize award of Request for Proposals Number 40-19, Tourism Marketing Services, to Bandwagon, LLC, for destination marketing, in the annual amount of$200,000 for the initial two-year term ($400,000), and $200,000 per year for one, two-year renewal option (for a total of$800,000) and authorize the appropriate officials to execute same. Since 2010, the City has selected through a competitive proposal process a destination marketing and public relations firm to implement a comprehensive program to strengthen nationally and statewide the city's brand awareness as a top tourism destination. On May 8, 2019, the City released Request for Proposals No. 40-19 (RFP) which detailed the city's objectives and requested scope of services. The RFP requested respondents propose an annual marketing and public relations plan and provide recommendations on activities to achieve stated objectives and maximize return on investment. Thirteen proposals were received by the June 5, 2019 deadline. The Selection Committee met on June 28, 2019 to discuss and rank the proposals. Proposals were evaluated and ranked based on approach to the scope of work, experience, proven performance/similar work, personnel/time availability, creativity, and proposed plan costs. The Selection Committee was comprised of three city staff and five community members each representing a different tourism sector. Staff members included Denise Sanderson, Director of Economic Development and Housing; Joelle Castelli, Director of Public Communications; and Audra Aja, Economic Development and Housing Marketing & Communications Coordinator. Community members included Jeff Castner - Opal Sands Resort (Hospitality); Page 23 City of Clearwater City Council Meeting Minutes September 19, 2019 Lisa Chandler- Pier 60 Sugar Sand Festival (Events/Attractions); Frank Chivas - BayStar Restaurant Group (Restaurant); Jeff Clauss - St. Pete-Clearwater International Airport (Transportation/Travel); and Lynn Fuhler - Flying Compass (Public Relations/Marketing). The four top ranked firms were asked to make proposal presentations to the Selection Committee on August 8th. Bandwagon, LLC, New Orleans, LA BCF, Virginia Beach, VA Carolynn Izzo Integrated Communications, Nyack, NY Turner, New York, NY/Miami, FL Bandwagon received the Committee's highest ranking based upon the following proposal highlights: • Research-based approach including analysis of top competitor markets • Custom content creation • Team of professionals experienced in public relations including pitching and media missions, media evaluation, destination marketing, research, digital strategy, website development and design, visual creative (photo, video, graphic design), blog content creation • Measurement and transparency through use of technologies that provide real-time project status, online approvals and communications log • Fixed, flat fee pricing • Shortened onboarding process • Frequency of in-market access The two-year contract with an option for one, two-year renewal, is not to exceed $200,000 per year (total $800,000) inclusive of all public relations, event and media mission(s), website development and maintenance, content marketing, and account management activities. These activities also include all vendor travel expenses. APPROPRIATION CODE AND AMOUNT: Funding is budgeted in the proposed FY2019-2020 Economic Development budget (0109216 530300). Remaining term of the contract will be budgeted within the same. In response to questions, Bandwagon Chief Client Officer Cory Cart said staff is hoping to host a chef event during the New York Travel Show, providing a culinary focus to tell the Clearwater story to a group of journalists from around the world. The agency is working with James Beard Event representatives to help educate and recruit restaurants for their Page 24 City of Clearwater City Council Meeting Minutes September 19, 2019 sustainability program. During the last two years, a Clearwater chef has represented Florida at the event. He said during the last fiscal year, the prior tourism agency hosted a travel editor from Philadelphia for family vacations and a small conference sales marketing meeting was held at Spectrum Field. One individual spoke in opposition. Economic Development and Housing Director Denise Sanderson said the contract includes city brand awareness and increases heads in beds. Regional awareness and traffic will be handled by the merged Clearwater Regional and Beach Chambers of Commerce. Councilmember Hamilton moved to authorize award of Request for Proposals Number 40-19, Tourism Marketing Services, to Bandwagon, LLC, for destination marketing, in the annual amount of $200,000 for the initial two-year term ($400,000), including one, two-year renewal option, and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. 9.3 Ratify and confirm additional expenditures of$176,146 at Moccasin Lake Park; approve a proposal by Construction Manager at Risk Keystone Excavators, Inc. of Oldsmar, Florida, in the amount of$48,037, for parking lot improvements at Moccasin Lake Park; approve an increase in the Moccasin Lake Park Master Plan Renovations project of $224,183; approve necessary budget transfers to provide additional project funding and authorize the appropriate officials to execute same. The original scope of the Moccasin Lake Park Renovation project did not include parking lot repairs nor enhanced park beautification. In conjunction with the Moccasin Lake Project, staff saw a need to repair the parking lot, as well as enhance the landscaping in the park and used other budgeted funds set aside to do this type of work; $78,851.82 from Parking Lot Resurfacing (315-93286), and $45,276.34 from General Fund. A portion of the project funds were used to partially fund repair and replacement of a bridge for a washed-out portion of the boardwalk trail. At the time, staff felt that there were enough funds in the Moccasin Lake Master Plan budget to fund Page 25 City of Clearwater City Council Meeting Minutes September 19, 2019 this work. However, costs for the building renovation portion of the project came in higher than anticipated by $52,017.84; thus, the playground element was funded from Playground Purchases and Replacement CIP315-93637. In an effort to consolidate all costs related to Moccasin Lake Park, staff is recommending a ratify and confirm of previous expenditures for this project. A summary is as follows: • Parking lot repairs and resurfacing- $78,851.82 • Landscape enhancements- $45,276.34 • Cost of building over-runs- $52,017.84 Total $176,146 Keystone Excavators, Inc. is one of the Construction Managers at Risk approved by City Council on August 4, 2016. These firms were selected in accordance with Florida Statutes 255.103 and 287.055 under Request for Qualifications #24-16 based upon construction experience, financial capability, availability of qualified staff, local knowledge and involvement in the community. On March 1, 2018, the Council approved contracts to Keystone Evacuators Inc. and J. O. DeLotto & Sons Inc. to complete site work and renovations to the Interpretive Center in the park. Following this, city staff and volunteers worked together to plant several hundred native plants and trees at the park. On February 2, 2019, a Grand Opening celebration of the renovated Moccasin Lake Park was held with an estimated crowd of over 2,500 in attendance. Due to the heavy park usage, many of the grass parking spaces which were constructed are not holding up to the traffic as they are constantly wet and unusable by the public. In order to correct this issue, staff is recommending that the unusable grass parking spaces (20) be replaced with asphalt parking spaces. This will still leave about 10 usable grass parking spaces in the north east area of the parking lot. This contract (30 days) consists of removing the grass parking spaces, replacing with asphalt, installing bumper stops, and striping. Funding is available for this contract as well as the ratify and confirm portion from the following sources: Page 26 City of Clearwater City Council Meeting Minutes September 19, 2019 • $53,815 from Parks and Recreation General Fund operating (0101860) • $126,888 from capital project 93286, Parking Lot/Bicycle Path Resurfacing & Improvements • $43,480 from capital project 93637, Playground & Fitness Equipment Purchase & Replacement APPROPRIATION CODE AND AMOUNT: A third quarter budget amendment will provide a transfer of$53,815 from the General Fund; $126,888 in General Fund revenues from project 93286, Parking Lot/Bicycle Path Resurfacing & Improvements; and $43,480 in General Fund revenues from project 93637, Playground & Fitness Equipment Purchase & Replacement to capital project 93648, Moccasin Lake Park Master Plan to fund this contract and all final expenditures. Councilmember Allbritton moved to ratify and confirm additional expenditures of $176,146 at Moccasin Lake Park; approve a proposal by Construction Manager at Risk Keystone Excavators, Inc. of Oldsmar, Florida, in the amount of $48,037, for parking lot improvements at Moccasin Lake Park; approve an increase in the Moccasin Lake Park Master Plan Renovations project of$224,183; approve necessary budget transfers to provide additional project funding and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. 9.4 Accept a 10-ft. by 25-ft. Water Main Easement from the property owners for the construction, installation, and maintenance of water main facilities on real property located at 626 N. Highland Avenue and adopt Resolution 19-26. Public Utilities requires a water main easement to be located on property at 626 N. Highland Ave. The property owners have agreed to grant the City an easement to accommodate the subject facilities. The Water Main Easement grants the City rights for the construction, installation, and maintenance of facilities within the easement area. City staff recommends acceptance of the easement. Councilmember Polglaze moved to accept a 10-ft. by 25-ft. Water Page 27 City of Clearwater City Council Meeting Minutes September 19, 2019 Main Easement from the property owners for the construction, installation, and maintenance of water main facilities on real property located at 626 N. Highland Avenue. The motion was duly seconded and carried unanimously. Resolution 19-26 was presented and read by title only. Councilmember Hamilton moved to adopt Resolution 19-26. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Councilmember Polglaze, Councilmember Hamilton, Vice Mayor Cundiff and Councilmember Allbritton 9.5 Accept a Drainage Easement from Woodland Villas Condominium 1 Association, Inc. for the construction, installation and maintenance of drainage facilities on real property located at 2465 Northside Drive and adopt Resolution 19-17. The drainage easement grants the City rights to operate and maintain stormwater facilities within the easement area. Councilmember Allbritton moved to accept a Drainage Easement from Woodland Villas Condominium 1 Association, Inc. for the construction, installation and maintenance of drainage facilities on real property located at 2465 Northside Drive. The motion was duly seconded and carried unanimously. Resolution 19-17 was presented and read by title only. Councilmember Polglaze moved to adopt Resolution 19-17. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Councilmember Polglaze, Councilmember Hamilton, Vice Mayor Cundiff and Councilmember Allbritton 9.6 Approve the request from the property owner to vacate the Utility Easement lying within the South 5 feet of Lots 1, 2, 3, 4, and 5, Block D, and the North 5 Feet of lots 10, 11, 12, 13, and 14, Block D, Hibiscus Gardens, according to the map or plat thereof, as recorded in Plat Book 14, Pages 55 through 59, inclusive, of the Public Records of Pinellas County, Florida and pass Ordinance 9321-19 on first reading. The Property owner has requested that the City vacate a portion of two Page 28 City of Clearwater City Council Meeting Minutes September 19, 2019 contiguous 5-foot Utility Easements as the owner moves forward with developing the site for new townhomes. There are no utilities present within the easements. City staff has reviewed this vacation request and have no objection. Vice Mayor Cundiff moved to approve the request from the property owner to vacate the Utility Easement lying within the South 5 feet of Lots 1, 2, 3, 4, and 5, Block D, and the North 5 Feet of lots 10, 11, 12, 13, and 14, Block D, Hibiscus Gardens, according to the map or plat thereof, as recorded in Plat Book 14, Pages 55 through 59, inclusive, of the Public Records of Pinellas County, Florida. The motion was duly seconded and carried unanimously. Ordinance 9321-19 was presented and read by title only. Councilmember Hamilton moved to pass Ordinance 9321-19 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Councilmember Polglaze, Councilmember Hamilton, Vice Mayor Cundiff and Councilmember Allbritton 9.7 Approve the request from the City of Clearwater to vacate a portion of a right-of-way, lying in the North 10 ft. of the South 30 ft. of Lot 12, Block G, Fairmont Subdivision, as recorded in Plat Book 9, Page 85, of the Public Records of Pinellas County, Florida and pass Ordinance 9327-19 on first reading. City staff recommends the vacation of the right-of-way. Said right-of-way is not necessary for municipal use and it is deemed to be in the best interest of the City and the general public that the same be vacated. Councilmember Polglaze moved to approve the request from the City of Clearwater to vacate a portion of a right-of-way, lying in the North 10 ft. of the South 30 ft. of Lot 12, Block G, Fairmont Subdivision, as recorded in Plat Book 9, Page 85, of the Public Records of Pinellas County, Florida. The motion was duly seconded and carried unanimously. Ordinance 9327-19 was presented and read by title only. Vice Mayor Page 29 City of Clearwater City Council Meeting Minutes September 19, 2019 Cundiff moved to pass Ordinance 9327-19 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Councilmember Polglaze, Councilmember Hamilton, Vice Mayor Cundiff and Councilmember Allbritton 10. City Attorney Reports — None. 11. Other Council Action 11.1 Gun Resolution - Mayor Cretekos Mayor Cretekos requested consideration to adopt one of the two resolutions provided. Councilmember Polglaze moved to adopt Resolution 19-33. The motion was duly seconded. Resolution 19-33 was presented and read by title only. One individual spoke in support and urged Council to adopt Resolution 19-32, which was stronger as it called for banning assault weapons. She said the Center for Disease Control reports that there are nearly 40,000 deaths a year related to gun injuries. One individual spoke in support and praised the mayor for introducing the matter. Discussion ensued with comments made that mental health is the core issue in all mass shootings and that the Founding Fathers did not anticipate present-day technology and weapons of war. Concerns were expressed with limiting high capacity magazines and using assault weapons terminology. It was commented that Council should not take positions on federal matters. Upon roll call being taken, the motion carried with the following vote: Ayes: 3 - Mayor Cretekos, Councilmember Polglaze and Councilmember Hamilton Nays: 2 - Vice Mayor Cundiff and Councilmember Allbritton Page 30 City of Clearwater City Council Meeting Minutes September 19, 2019 Councilmember Allbritton said he would like to see a red flag law move forward and that the issue be discussed nationally because something must be done. He said it is a complicated issue but he did not believe anybody's second amendment rights should be stomped on. Councilmember Polglaze complimented Parks and Recreation staff for making $10 -swim lessons available to residents and non-residents, even if individuals do not have a recreation card. There have been over 600 kids who have participated in the swim sessions throughout the summer. The program has benefited kids from all over the county. Vice Mayor Cundiff said the swim sessions are a wonderful program, which is available at the Long Center and Morningside Recreation Center. He said the Tampa Bay Estuary has a new license plate and a new public service announcement (PSA) about the license plate. He provided the voice-over for the PSA that was produced by a St. Petersburg College student. 13. Closing Comments by Mayor 14. Adjourn Attest Mayor Cretekos reviewed recent and upcoming events. The meeting adjourned at 8:11 p.m. - cPAr(tfCr Clic. i Mayor City of Clearwater City of Clearwater