Loading...
10/18/2023 City Council Meeting Minutes October 18, 2023 City of Clearwater Main Library- Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 m ap ® e Meeting Minutes Wednesday, October 18, 2023 6:00 PM Pinellas County - 315 Court Street, Assembly Room, Clearwater, FL 33756 City Council Page 1 City of Clearwater City Council Meeting Minutes October 18, 2023 Roll Call Present: 5 - Mayor Brian Aungst Sr., Vice Mayor Mark Bunker, Councilmember David Allbritton, Councilmember Kathleen Beckman and Councilmember Lina Teixeira Also Present: Jennifer Poirrier— City Manager, Michael Delk—Assistant City Manager, David Margolis — City Attorney, Rosemarie Call — City Clerk and Nicole Sprague — Deputy City Clerk. To provide continuity for research, items are listed in agenda order although not necessarily discussed in that order. Unapproved 1. Call to Order— Mayor Aungst, Sr. The meeting was called to order at 6:00 p.m. 2. Invocation 3. Pledge of Allegiance 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 Keeping the Lights on After School Day Proclamation, Oct. 26, 2023 - Amy Shore, Director of Development and Marketing, R'Club Child Care, Inc. 4.2 Red Ribbon Week Proclamation, October 23-31, 2023 - Michele Edwards, Clearwater Neighborhood Family Center, Special Projects and Rising Above Committee Coordinator 5. Approval of Minutes 5.1 Approve the September 21, 2023 city council meeting minutes as submitted in written summation by the City Clerk. Councilmember Allbritton moved to approve the September 21, 2023 city council meeting minutes as submitted in written summation by the City Clerk. The motion was duly seconded and carried unanimously. 6. Consent Agenda — Approved as submitted. Page 2 City of Clearwater City Council Meeting Minutes October 18, 2023 6.1 Ratify and confirm a not-to-exceed amount of$6,227,000.00 for the Main Library restoration and repair, consisting of an estimated $5,821,493.10 to ServPro of Largo as the general contractor for the remediation, recovery and repair work; $400,000.00 to Thyssen Krupp for elevator repairs; and $4,820.00 to American Dream for initial recovery services. (consent) 6.2 Award a purchase order to Sunbelt Sod and Grading Co. and Tom's Sod Service, Inc. for athletic field sod and installation in the cumulative annual amount of$170,000.00 with two, one-year renewal options pursuant to Invitation to Bid 46-23, Athletic Field Sod and Installation and authorize the appropriate officials to execute same. (consent) 6.3 Approve an agreement and purchase order with Axon Enterprise, Inc of Scottsdale, AZ, for the renewal and consolidation of Axon agreements for Body-Worn Cameras, Interview Room Cameras, upgraded Taser 10 equipment, along with associated electronic evidence storage, licensing, maintenance, and training in the amount of$3,390,302.55, in accordance with Clearwater Code of Ordinances Section 2.563(1)(c), Piggyback, and authorize the appropriate officials to execute same. (consent) 6.4 Approve purchase orders to Tip Top Tree Experts LLC, of Weirsdale, FL, and TreesForYou.com, Inc. of Belleair Beach, FL, for palm tree pruning on a unit basis in the annual cumulative amount of$216,000.00 for one year with two, one-year renewal options pursuant to Invitation to Bid (ITB) 42-23 and authorize the appropriate officials to execute same. (consent) 6.5 Approve a Purchase Order to Americas Generators, Inc. of Miami, Florida, for portable and mobile generators in a not-to-exceed amount of$675,990.00 pursuant to ITB 56-23 Portable and Mobile Generators and authorize the appropriate officials to execute the same. (consent) 6.6 Approve a Purchase Order to Consulting Engineering, Inc. of Kalispell, MT for acoustic leak detection in the amount of$200,000.00 pursuant to ITB 05-23, Acoustic Leak Detection, and authorize the appropriate officials to execute same. (consent) 6.7 Declare list of vehicles and equipment surplus and authorize disposal through auction pursuant to Clearwater Code of Ordinances Section 2.623(6) and (8) and authorize the appropriate officials to execute same. (consent) 6.8 Authorize purchase order(s) to multiple vendors as listed, for the maintenance, purchase and rental of generators, replacement parts, and services from October 1, 2023 through the duration of the respective contract term or through February 3, 2025, whichever comes first, in the cumulative not to exceed amount of$1,590,000.00 pursuant to Clearwater Code of Ordinances Sections 2.563(1)(a) Single Source, and 2.563(1)(c), Piggyback, and authorize the appropriate officials to execute same.(consent) 6.9 Approve an increase to existing purchase order(s) for various roof repairs and Page 3 City of Clearwater City Council Meeting Minutes October 18, 2023 replacements for the final term, October 1, 2023 through September 30, 2024, in the cumulative amount of$500,000.00, bringing the total amount to $1,000,000.00, pursuant to Clearwater Code of Ordinances Section 2.563(1)(c), Piggyback or cooperative purchasing, and authorize the appropriate officials to execute same. (consent) 6.10Authorize purchase order(s) to Shaw Industries, Inc, of Dalton, GA and Complete Floor Care Solutions, Inc. of Tampa, FL for various floor repairs and replacements, in the cumulative not-to-exceed amount of$500,000.00 through September 30, 2024, pursuant to Clearwater Code of Ordinances Section 2.563(1)(a) Single Source and 2.563(1)(c) Piggyback and authorize the appropriate officials to execute same. (consent) 6.11Award a Purchase order to Jet Age Fuel, Inc. of Clearwater, FL, for the purchase of unleaded and diesel fuel and Palmdale Oil Company LLC for the purchase of Ultra Low Sulfur Diesel, Red Dye in the cumulative annual amount of$3,200,000.00 for one year with three, one-year renewal options pursuant to Invitation to Bid (ITB) 50-23 and authorize the appropriate officials to execute same. (consent) 6.12Approve an increase to Purchase Order with Maire Company (Maire) for services provided under the lease agreement as well as certain additional work outside of the lease in the amount of$181,240, for the second term beginning October 1, 2023 through September 30, 2024, pursuant to Clearwater Code of Ordinances Section 2.563(1)(d), Non-Competitive Purchases, and authorize the appropriate officials to execute same. (consent) Councilmember Teixeira moved to approve the Consent Agenda as submitted and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. Public Hearings - Not before 6:00 PM 7. Administrative Public Hearings 7.1 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 3121 Downing Street, together will all unincorporated right-of-way of Downing Street, and pass Ordinances 9709-23, 9710-23, and 9711-23 on first reading. (ANX2023-07008) This voluntary annexation petition involves a 0.212-acre property consisting of one parcel of land occupied by a detached dwelling. The property is located on the south side of Downing Street approximately 260 feet east of South McMullen Booth Road. The property was recently developed with a detached dwelling under Pinellas County's jurisdiction, and annexation is required in order to receive sanitary sewer and solid waste service from the city. The Development Review Committee is proposing that the 0.68-acres of Downing Street Page 4 City of Clearwater City Council Meeting Minutes October 18, 2023 right-of-way not currently within the city limits also be annexed. The property is contiguous to existing city boundaries to the south. It is proposed that the property be assigned a Future Land Use Map designation of Residential Urban (RU) and a Zoning Atlas designation of Low Medium Density Residential (LMDR). The Planning and Development Department determined that the proposed annexation is consistent with the provisions of Community Development Code Section 4-604.E as follows: • The property currently receives water and sanitary sewer service from the city. The required sewer impact fee has been paid in full and the property was connected to the city's closest sanitary sewer line located in the adjacent Downing Street right-of-way at the time of construction. The property is located within Police District III and service will be administered through the district headquarters located at 2851 McMullen Booth Road. Fire and emergency medical services will be provided to this property by Station #49 located at 565 Sky Harbor Drive. The city has adequate capacity to serve this property with solid waste, police, and 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.2.2 Future land use in the City of Clearwater shall be guided by the city's Future Land Use Map, which shall be consistent with the Countywide Plan for Pinellas County (The Countywide Plan) including the Countywide Plan Map and shall be implemented through the city's Community Development Code. Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Objective A.7.2 Diversify and expand the City's tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. Policy A.7.2.3 Continue to process voluntary annexations for single-family residential properties upon request. Page 5 City of Clearwater City Council Meeting Minutes October 18, 2023 • The proposed Residential Urban (RU) Future Land Use Map category is consistent with the current Countywide Plan designation of the property. This designation primarily permits residential uses at a density of 7.5 units per acre. The proposed zoning district to be assigned to the property is the Low Medium Density Residential (LMDR) District. The use of the subject property is consistent with the uses allowed in the district and the property exceeds the district's minimum dimensional requirements. The proposed annexation is therefore consistent with the Countywide Plan and the City's Comprehensive Plan and Community Development Code; and • The property proposed for annexation is contiguous to existing city boundaries to the south; therefore, the annexation is consistent with Florida Statutes Chapter 171.044. Ordinances 9709-23, 9710-23, and 9711-23 were presented and read by title only. Vice Mayor Bunker 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 3121 Downing Street, together will all unincorporated right-of-way of Downing Street, and pass Ordinances 9709-23, 9710-23, and 9711-23 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Aungst Sr., Vice Mayor Bunker, Councilmember Allbritton, Councilmember Beckman and Councilmember Teixeira 7.2 Approve amendments to the Community Development Code, rescinding certain previously adopted amendments determined to be null and void ab initio pursuant to Florida Senate Bill 250 (2023), and pass Ordinance 9712-23 on first reading. City Council approved Ordinance No. 9643-23 on April 4, 2023, making a variety of amendments to the Community Development Code. Subsequent to this approval, the Florida Legislature prepared Senate Bill 250, which the Governor signed into law on June 28, 2023. Senate Bill 250 places certain restrictions on municipalities entirely or partially within 100 miles of where either Hurricanes Ian or Nicole made landfall. More specifically, the bill states that municipalities may not "propose or adopt more restrictive or burdensome amendments to their comprehensive plan or land development regulations" prior to October 1, 2024, and applies this restriction retroactively to September 28, 2022. The bill further declares that any such amendment "shall be null and void ab initio". Portions of Ordinance No. 9643-23 may be "more restrictive or burdensome" Page 6 City of Clearwater City Council Meeting Minutes October 18, 2023 and therefore are void and have no legal effect. Proposed Ordinance No. 9712-23 rescinds those sections of the Community Development Code, reverting to the codified language that existed prior to April 4, 2023 (i.e., when Ordinance No. 9643-23 was adopted). The Planning and Development Department has determined that the proposed text amendments to the Community Development Code are consistent with and further the goals, objectives and policies of the Comprehensive Plan and the Community Development Code as outlined in the staff report. The Community Development Board, in its capacity as the Local Planning Agency (LPA), will review the proposed amendments to the Community Development Code at its meeting on September 19, 2023. Staff will report its recommendation at the city council meeting. Ordinance 9712-23 was presented and read by title only. Councilmember Beckman moved to approve amendments to the Community Development Code, rescinding certain previously adopted amendments determined to be null and void ab initio pursuant to Florida Senate Bill 250 (2023), and pass Ordinance 9712-23 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Aungst Sr., Vice Mayor Bunker, Councilmember Allbritton, Councilmember Beckman and Councilmember Teixeira 7.3 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 2713 State Road 590, and pass Ordinances 9718-23, 9719-23, and 9720-23 on first reading. (ANX2023-08009) This voluntary annexation petition involves a 0.298-acre property consisting of one parcel of land occupied by a detached dwelling. The property is located on the southeast corner of State Road 590 and West Virginia Lane. The applicant is requesting annexation in order to receive sanitary sewer and solid waste service from the city. The property is contiguous to existing city boundaries to the north and west. 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 Community Development Code Section 4-604.E as follows: • The property currently receives water service from Pinellas County. The Page 7 City of Clearwater City Council Meeting Minutes October 18, 2023 closest sanitary sewer line is located in the adjacent West Virginia Lane right-of-way. The applicant has not paid the city's sewer impact and assessment fees and is aware of the additional costs to extend city sewer service to this property. Collection of solid waste will be provided by the City of Clearwater. The property is located within Police District III and service will be administered through the district headquarters located at 2851 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 sanitary sewer, solid waste, police, fire and EMS service. The property will continue to receive water service from Pinellas County. The proposed annexation will not have an adverse effect on public facilities and their levels of service; and • The proposed annexation is consistent with and promotes the following objectives and policy of the Clearwater Comprehensive Plan: Objective A.2.2 Future land use in the City of Clearwater shall be guided by the city's Future Land Use Map, which shall be consistent with the Countywide Plan for Pinellas County (The Countywide Plan) including the Countywide Plan Map and shall be implemented through the city's Community Development Code. 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. 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 Page 8 City of Clearwater City Council Meeting Minutes October 18, 2023 Plan and the city's Comprehensive Plan and Community Development Code; and • The property proposed for annexation is contiguous to existing city boundaries to the north and west; therefore, the annexation is consistent with Florida Statutes Chapter 171.044. Ordinances 9718-23, 9719-23, and 9720-23 were presented and read by title only. Councilmember Allbritton 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 2713 State Road 590, and pass Ordinances 9718-23, 9719-23, and 9720-23 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Aungst Sr., Vice Mayor Bunker, Councilmember Allbritton, Councilmember Beckman and Councilmember Teixeira 7.4 Repeal the Clearwater Comprehensive Plan and adopt a new Comprehensive Plan entitled Clearwater 2045 to replace it and pass Ordinance 9721-24 on first reading. (CPA2023-06001) Florida law requires all local governments to prepare, adopt, and enforce long-range comprehensive plans through the "Local Government Comprehensive Plan and Land Development Regulation Act". Chapter 163, Florida Statutes (F.S.), is part of the State's growth management laws that govern comprehensive plans requiring jurisdictions to include elements on future land use; housing; transportation; recreation and open space; conservation; coastal management; general sanitary sewer, solid waste, drainage, potable water, and natural groundwater (public utilities); intergovernmental coordination; private property rights; and capital improvements. Proposed Ordinance 9721-24 repeals the current Clearwater Comprehensive Plan that was adopted May 18, 2000, and subsequently amended, and replaces it with a new plan, Clearwater 2045. Clearwater 2045 is an extensive rewrite of the Comprehensive Plan with significant restructuring and moves away from the current use of elements by dividing the plan into six chapters: Quality Places, Mobility, Parks & Public Places, Conservation & Coastal Management, Support Services, and Plan Implementation. Individual elements are identified within each chapter and are interrelated and consistent with the requirements of Chapter 163, F.S. Page 9 City of Clearwater City Council Meeting Minutes October 18, 2023 Clearwater 2045 is formatted to include goals, objectives, and policies in each chapter where goals are high level statements of what is desired to be achieved, objectives set the specific direction towards accomplishing the goal, and the policies are the steps taken to meet the objective. The current Comprehensive Plan was used as a guide and starting point in developing Clearwater 2045 so many of the goals, objectives, and policies have been carried over from the current plan and updated to better address today's needs. New goals, objectives, and policies have been created to address changes in the City of Clearwater to focus more on infill development and redevelopment, equity, housing opportunities, emerging trends and technologies, active transportation, and sustainability and resiliency. Some of these topics are interconnected and are covered in more than one chapter of the plan. Further detail on the proposed amendment and a brief overview of each chapter is provided in the staff report and Ordinance No. 9721-24. The Planning and Development Department has determined that the proposed Comprehensive Plan amendment is consistent with and furthers the goals, objectives, and policies of the Comprehensive Plan as outlined in the staff report. The Community Development Board will review the proposed amendment to the Comprehensive Plan at a special meeting on October 3, 2023. Staff will report its recommendation at the City Council meeting. Clearwater 2045 also provides support for many of the objectives in the city's Strategic Plan. The Quality Places and Support Services Chapters provide goals, objectives, and policies to achieve a High Performing Government through embracing arts and culture, providing safe and healthy communities, and maintaining infrastructure, mobility systems, historic resources, and the natural environment and its features. The Quality Places Chapter provides support to achieve Economic & Housing Opportunity by creating and supporting economic development and housing programs and opportunities. The Quality Places and Conservation and Coastal Management Chapters provide provisions for Community Well-Being through supporting neighborhood identity, preserving community livability, and creating and expanding community engagement, education, and volunteerism. The Mobility, Conservation and Coastal Management, and Support Services Chapters provide support to create Environmental Stewardship through supporting resiliency and sustainability, encouraging use of renewable resources and waste reduction, protecting green spaces, and developing active transportation options to reduce citywide greenhouse gas emissions. As this is a text amendment to the Clearwater Comprehensive Plan, review and approval by the Florida Department of Commerce (DOC), formerly the Department of Economic Opportunity (DEO), is required. As part of the state review, the proposed amendment will be transmitted to the various state agencies and Pinellas County for review prior to second reading (adoption) by City Council, which is anticipated to occur in January of 2024. Planning Division Manager Jayme Lopko provided a PowerPoint presentation. Page 10 City of Clearwater City Council Meeting Minutes October 18, 2023 One individual spoke in support. One individual expressed concerns with the constitutionality of reclaimed water. Ordinance 9721-24 was presented and read by title only. Vice Mayor Bunker moved to repeal the Clearwater Comprehensive Plan and adopt a new Comprehensive Plan entitled Clearwater 2045 to replace it and pass Ordinance 9721-24 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Aungst Sr., Vice Mayor Bunker, Councilmember Allbritton, Councilmember Beckman and Councilmember Teixeira 7.5 Approve the annexation for 210 Meadow Lark Lane, together with an unaddressed parcel on Meadow Lark Lane, together with all unincorporated right-of-way of Kentucky Avenue and an unnamed alley and pass Ordinance 9706-23 on first reading. (ANX2023-06007) This voluntary annexation petition involves 0.540-acres of property consisting of two parcels of vacant land. The properties are located on the west side of Meadow Lark Lane approximately 820 feet north of Gulf to Bay Boulevard. The applicant is requesting annexation in order to receive water, sanitary sewer, and solid waste service from the city. The Development Review Committee is proposing that the 0.240-acres of Kentucky Avenue right-of-way and an unnamed alley not currently within the city limits also be annexed. The properties are contiguous to existing city boundaries to the north, west, and east. The applicant has also submitted applications to change the properties Future Land Use Map designations of Residential Urban (RU) (Pinellas County) to Institutional (1) (LUP2023-06002) and to rezone the properties from R-3 Single Family Residential (Pinellas County) to Institutional (1) (REZ2023-06001) upon annexation into the City of Clearwater. The Planning and Development Department determined that the proposed annexation is consistent with the provisions of Community Development Code Section 4-604.E as follows: • Water, sanitary sewer, and solid waste service will be provided to these properties by the city. The properties are located within Police District III and service will be administered through the district headquarters located at 2851 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 Page 11 City of Clearwater City Council Meeting Minutes October 18, 2023 properties with water, sanitary sewer, solid waste, police, and 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 of the Clearwater Comprehensive Plan: Objective A.2.2 Future land use in the City of Clearwater shall be guided by the city's Future Land Use Map, which shall be consistent with the Countywide Plan for Pinellas County (The Countywide Plan) including the Countywide Plan Map and shall be implemented through the city's Community Development Code. Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Objective A.7.2 Diversify and expand the City's tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. The properties proposed for annexation are contiguous to existing city boundaries to the north, west, and east; therefore, the annexation is consistent with Florida Statutes Chapter 171.044. Mayor Aungst, Sr. recused himself for Items 7.5, 7.6, and 8.1 and departed chambers at 6:28 p.m. Ordinance 9706-23 was presented and read by title only. Councilmember Beckman moved to approve the annexation for 210 Meadow Lark Lane, together with an unaddressed parcel on Meadow Lark Lane, together with all unincorporated right-of-way of Kentucky Avenue and an unnamed alley and pass Ordinance 9706-23 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 4 - Vice Mayor Bunker, Councilmember Allbritton, Councilmember Beckman and Councilmember Teixeira 7.6 Approve a Future Land Use Map Amendment from the Residential Urban (RU) (Pinellas County) category to the Institutional (1) category for 210 Meadow Lark Lane and an Page 12 City of Clearwater City Council Meeting Minutes October 18, 2023 unaddressed parcel on Meadow Lark Lane and pass Ordinance 9707-23 on first reading. (LUP2023-06002) This Future Land Use Map Amendment involves two parcels of land totaling 0.540-acres located on the west side of Meadow Lark Lane approximately 820 feet north of Gulf to Bay Boulevard. The applicant, First Baptist Church of Clearwater, Inc., is requesting to amend the future land use category of the properties from Residential Urban (RU) (Pinellas County) to Institutional (1). The applicant has indicated that the properties will be used for a softball field, but no site plans have been submitted at this time. The parcels are within Pinellas County's jurisdiction, and the applicant has submitted a Petition for Annexation (see ANX2023-06007), and a Zoning Atlas Amendment application (REZ2023-06001) which are being processed concurrently with this case. The subject parcels are currently vacant as the prior existing structures were demolished in mid-2023, according to demolition permits filed with Pinellas County. Prior to demolition, the northern parcel was developed with two detached dwellings, while the southern parcel has historically been vacant. The church has continued to purchase residential properties in the areas adjacent to and in vicinity of its 41.016-acre main parcel which includes Calvary Baptist Church, Calvary Christian High School, athletic facilities, and other institutional uses that support the church. As this expansion has occurred over time, properties have been annexed and assembled into the main parcel, future land use and zoning amendments have been approved to ensure the overall property would have a consistent institutional designation. The Residential Urban (RU) category has a maximum density of 7.5 dwelling units per acre and a maximum floor area ration (FAR) of 0.40. The Institutional (1) category has a maximum density of 12.5 dwelling units per acre and a maximum floor area ratio (FAR) of 0.65. The proposed amendment would allow the properties to have a consistent future land use category of Institutional (1) with the surrounding area and allow for the development of the properties with an institutional use. The Planning and Development Department has determined that the proposed future land use amendment is consistent with the provisions of the Clearwater Community Development Code as specified below: • The proposed amendment is consistent with the Comprehensive Plan and the Countywide Plan Rules. • The proposed amendment is compatible with the surrounding properties 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. Page 13 City of Clearwater City Council Meeting Minutes October 18, 2023 • The proposed amendment will not have an adverse impact on the use of property in the immediate area. The proposed City of Clearwater future land use category of Institutional (1) will necessitate an amendment of the Countywide Plan Map from the Residential Low Medium (RLM) category to the Public/Semi-Public (P/SP) category. In accordance with the Countywide Plan Rules, the land use plan amendment is subject to the approval of Forward Pinellas, in its role as the Pinellas Planning Council, and the Board of County Commissioners acting as the Countywide Planning Authority. The application is a small-scale amendment so review and approval by the Florida Department of Commerce (DOC) formerly known as the Florida DEO is not required. The Community Development Board will review this application at a special meeting on October 3, 2023. Staff will report its recommendation at the city council meeting. Ordinance 9707-23 was presented and read by title only. Councilmember Allbritton moved to approve a Future Land Use Map Amendment from the Residential Urban (RU) (Pinellas County) category to the Institutional (1) category for 210 Meadow Lark Lane and an unaddressed parcel on Meadow Lark Lane and pass Ordinance 9707-23 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 4 - Vice Mayor Bunker, Councilmember Allbritton, Councilmember Beckman and Councilmember Teixeira 8. Quasi-Judicial Public Hearings 1. Staff states its recommendation and briefly summarizes its reasons for the recommendation and submits record (minutes, staff report, and application) adduced before the Community Development Board (2 minutes). 2. Applicant presents case, including its testimony and exhibits (15 minutes). 3. Staff presents further evidence (10 minutes). 4. Public comment. 5. City Council discussion. 6. Applicant may call witnesses in rebuttal (5 minutes). 7. Conclusion by applicant (3 minutes). 8. Decision. 8.1 Approve a Zoning Atlas Amendment from the R-3, Single Family Residential (Pinellas County) District to the Institutional (1) District for 210 Meadow Lark Lane and an Page 14 City of Clearwater City Council Meeting Minutes October 18, 2023 unaddressed parcel on Meadow Lark Lane and pass Ordinance 9708-23 on first reading. (REZ2023-06001). This Zoning Atlas Amendment involves two parcels of land totaling 0.540-acres located on the west side of Meadow Lark Lane approximately 820 feet north of Gulf to Bay Boulevard. The applicant, First Baptist Church of Clearwater, Inc., is requesting to rezone the properties from R-3, Single Family Residential (Pinellas County) to Institutional (1). The applicant has indicated that the properties will be used for a softball field, but no site plans have been submitted at this time. The parcels are within Pinellas County's jurisdiction, and the applicant has submitted a Petition for Annexation (ANX2023-06007), and a Future Land Use Map Amendment application (see LUP2023-06002) which are being processed concurrently with this case. The subject parcels are currently vacant as the prior existing structures were demolished in mid-2023, according to demolition permits filed with Pinellas County. Prior to demolition, the northern parcel was developed with two detached dwellings, while the southern parcel has historically been vacant. The proposed Institutional (1) District is compatible with the surrounding zoning districts and the surrounding uses consisting of detached dwellings, an RV park, and athletic fields. The proposed amendment would allow the properties to have a consistent zoning district of Institutional (1)with the surrounding area and allow for the development of the properties with an institutional use. The Planning and Development Department has determined that the proposed Zoning Atlas Amendment is consistent with the provisions of the Community Development Code as specified below: • The proposed amendment is consistent with the Comprehensive Plan and the Community Development Code. • The proposed amendment is compatible with the surrounding properties and character of the neighborhood. • The available uses in the Institutional (1) District are compatible with the surrounding area. • The proposed amendment will not adversely impact or unreasonably affect the use of other property in the area. • The proposed amendment will not adversely burden public facilities, including traffic carrying capabilities of streets in an unreasonably or disproportionate manner, and • The proposed Institutional (1) District boundaries are appropriately drawn in regard to location and classification of street, ownership lines, existing improvements and the natural environment. The Community Development Board will review this application at a special Page 15 City of Clearwater City Council Meeting Minutes October 18, 2023 meeting on October 3, 2023. Staff will report its recommendation at the city council meeting. Ordinance 9708-23 was presented and read by title only. Councilmember Teixeira moved to approve a Zoning Atlas Amendment from the R-3, Single Family Residential (Pinellas County) District to the Institutional (1) District for 210 Meadow Lark Lane and an unaddressed parcel on Meadow Lark Lane and pass Ordinance 9708-23 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 4 - Vice Mayor Bunker, Councilmember Allbritton, Councilmember Beckman and Councilmember Teixeira Mayor returned to chamber at 6:35 p.m. 9. Citizens to be heard re items not on the agenda - For purposes of this role, "items pertaining to city business" includes any matter within the Council's or the City Manager's power to act, any matter that the Council previously voted on or discussed at the dais, or any matter discussed by or scheduled to be considered by another governmental entity that affects the operation of the City. Each person who wishes to address the Council shall complete a comment card and submit the card to the City Clerk (right-hand side of dais) before the speaker will be permitted to speak. However, if the speaker has just arrived or decided to speak, the Chair may allow the card to be filled out after speaking. Individuals will limit their comments to a maximum of three minutes. The Mayor shall advise the speaker that their time has expired. If the person remains at the podium, thereby interfering with other persons who may wish to be heard, the speaker's microphone may be turned off, or the Mayor may rule the person out of order in accordance with Rule 15. David Bollard Geddis, Jr. said the Pinellas County home rule charter did not begin in the 1980s and said the county charter is a navigational scheme used to aid a longstanding carpet-bagging operation based on the 14th Amendment. Patrick Raftery said he was disappointed to hear that I% of the budgeted 7% increase for employee salaries was designated for the salary study that is still to be completed, a separate line item for the study should have been included in budget. He expressed concerns that the City has not been fully transparent with the costs associated with the salary study or salary increases. Page 16 City of Clearwater City Council Meeting Minutes October 18, 2023 10. City Manager Reports 10.1 Endorse the Advantage Pinellas Housing Action Plan and Joint Forward Pinellas/Countywide Planning Authority Resolution 23-25 and adopt Resolution 23-17. In July, 2021, Council approved the Advantage Pinellas Housing Compact (Compact), an agreement amongst four municipalities, Pinellas County and Forward Pinellas. Under the Compact, the parties agreed to work toward developing strategies on several issues that impact availability and quality of housing as well as racial, social, economic, and geographic equality. The culmination of their efforts yielded the Advantage Pinellas Housing Plan (Plan) which was presented to the Public at the Homes for Pinellas Summit on April 28, 2023. This resolution further establishes the city's commitment to working with the Compact members to implement the action items to strive to achieve the goals established in the Plan. Resolution 23-17 was presented and read by title only. Councilmember Beckman moved to endorse the Advantage Pinellas Housing Action Plan and Joint Forward Pinellas/Countywide Planning Authority Resolution 23-25 and adopt Resolution 23-17. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Aungst Sr., Vice Mayor Bunker, Councilmember Allbritton, Councilmember Beckman and Councilmember Teixeira 11. City Attorney Reports 11.1Approve a referendum question to present to electors to amend the City Charter and Code of Ordinances providing for a run-off system of elections beginning in 2026, set the date of the referendum election for March 19, 2024, and pass Ordinance 9728-23 on first reading. On September 5, 2023, a majority of the City Council directed the City Attorney to create ballot language proposing a run-off system of elections in Clearwater. As directed by the council majority, the ballot language also proposes new election dates beginning in the year 2026. The ballot question, if approved by Council, will be submitted to Clearwater voters at the March 19, 2024 election. Two individuals spoke in support. One individual expressed concerns with water jurisdictions. Page 17 City of Clearwater City Council Meeting Minutes October 18, 2023 Two individuals submitted emails in support (see page 20). Ordinance 9728-23 was presented and read by title only. Councilmember Allbritton moved to approve a referendum question to present to electors to amend the City Charter and Code of Ordinances providing for a run-off system of elections beginning in 2026, set the date of the referendum election for March 19, 2024, and pass Ordinance 9728-23 on first reading. The motion was duly seconded and upon roll call, the vote carried as follows: Ayes: 4 - Mayor Aungst Sr., Vice Mayor Bunker, Councilmember Allbritton and Councilmember Teixeira Nays: 1 - Councilmember Beckman 11.2Streamlining Downtown Development Board The City Attorney said the Downtown has entered a transformative time with the public investment made in Coachman Park, the upcoming garage at Peace Memorial, the harborview hotel, the intermodal center and a new city hall. He said he received feedback from Council and staff regarding the importance of strategic vision alignment for Downtown and the need for all stakeholders to support efforts that advance the vision. He has also received feedback that the Downtown Development Board (DDB) may not support the Downtown plan as it relates to development, the utilization of the millage, and supporting organizations. The City Attorney requested council direction regarding pursuing a local bill related to the DDB and Downtown strategic alignment. The City Clerk said the Pinellas County Legislative Delegation will meet on October 29; the deadline to agenda a local bill for the October 29 hearing is tomorrow. There was council consensus for staff to pursue a local bill. 12. Other Council Action 12.1 Discuss City Attorney and City Manager salaries. The performance evaluation discussions for the City Attorney and City Manager were conducted by City Council at the October 5, 2023 council meeting. The council discussion concerning salary is conducted at the subsequent meeting. Discussion ensued with comments made that both salaries are under the average and both employees received positive reviews. There was Page 18 City of Clearwater City Council Meeting Minutes October 18, 2023 consensus to provide the City Attorney a 14% increase and the City Manager a 12% increase, effective October 1, 2023. Councilmember Beckman moved to provide the City Attorney a 14% increase and the City Manager a 12% increase, effective October 1, 2023. The motion was duly seconded and carried unanimously. 13. Closing comments by Councilmembers (limited to 3 minutes) Councilmember Beckman wished all a wonderful weekend. Vice Mayor Bunker said he appreciated the Red Ribbon Campaign; the individuals do great work. He expressed a concern that the campaign is exploited by the Church of Scientology, using the anti -drugs messaging to get into schools. Councilmember Teixeira reviewed recent events and thanked staff who attended the most recent Karaoke Night. Councilmember Allbritton said the closing date for the PSTA multimodal site has been scheduled for February 29, 2024. He said the conceptual drawings are 30% complete and that staff anticipates scheduling one -on -ones with Council before the end of year. 14. Closing Comments by Mayor 15. Adjourn Attest �.{.1,t 11titLZli: City Clerk MayorAungst, Sr. reviewed recent and upcoming events. He recognized the Boy Scout Troop in attendance who were working towards their citizenship badge. The meeting adjourned at 7:27 p.m. Mayor City of Clearwater Page 19 City of Clearwater FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME—FIRST NAME—MIDDLE NAME AUNGST, SR., BRIAN NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE CITY COUNCIL MAILING ADDRESS 600 CLEVELAND ST, SUITE 600 THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: gCITY ❑ COUNTY ❑ OTHER LOCAL AGENCY CITY CLEARWATER COUNTY PINELLAS NAME OF POLITICAL SUBDIVISION: CITY OF CLEARWATER DATE ON WHICH VOTE OCCURRED 10/18/2023 MY POSITION IS: LI ELECTIVE Lzf APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies to members of advisory and non -advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which would inure to his or her special private gain or loss. Each elected or appointed local officer also MUST ABSTAIN from knowingly voting on a measure which would inure to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent, subsidiary, or sibling organization of a principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies (CRAs) under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). * * * * * * * * * * * * ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. * * * APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you are not prohibited by Section 112.3143 from otherwise participating in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made 4y you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on page 2) CE FORM 8B - EFF. 11/2013 Adopted by reference in Rule 34-7.010(1)(f), F.A.C. PAGE 1 APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST BRIAN AUNGST, SR. hereby disclose that on OCTOBER 18, ,20 23 (a) A measure came or will come before my agency which (check one or more) inured to my special private gain or loss; inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, ,a -a14 n/ eats 7 Tx - inured to the special gain or loss of , by whom 1 am retained; or inured to the special gain or loss of , which is the parent subsidiary, or sibling organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: Re Items 7.5 -6, l Regarding 210 Meadow Lark Lane: ANX2023-06007, LUP2023-06002, and REZ2023-06001. If disclosure of specific information would violate confidentiality or privilege pursuant to law or rules governing attorneys, a public officer, who is also an attorney, may comply with the disclosure requirements of this section by disclosing the nature of the interest in such a way as to provide the public with notice of the conflict. Date File /D 2l 23 Si ature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 8B - EFF. 11/2013 Adopted by reference in Rule 34-7.010(1)(f), F.A.C. PAGE 2 CaII, Rosemarie From: Pat Lepeak <patlepeak@gmail.com> Sent: Monday, October 16, 2023 10:00 PM To: Call, Rosemarie Subject: Ordinance 9728-23 CAUTION: This email originated from outside of the City of Clearwater. Do not click links or open attachments unless you recognize the sender and know the content is safe. Please note that I am sending this message to speak in favor of passage of Ordinance 9728-23. Thank you for your support on this matter. Patrick Lepeak 1 CaII, Rosemarie From: cliff.tinapeters@gmail.com Sent: Monday, October 16, 2023 4:45 PM To: Cummings, Tammy Cc: CaII, Rosemarie Subject: Important -Email response to Clearwater City Council RE: Proposed Ordinance 9728-23 Importance: High Follow Up Flag: Follow up Flag Status: Flagged CAUTION: This email originated from outside of the City of Clearwater. Do not click links or open attachments unless you recognize the sender and know the content is safe. City of Clearwater Council, I am a life long Clearwater resident as well as business owner. I am in favor of changing the current election ordinance to have majority rule including if there needs to be a run off election if no candidate receives the majority of votes. In order for the residents of Clearwater to truly have their voice heard this change would be a positive change to allow that to happen. I know I am not alone in this belief and I am requesting that each member of the Council vote for this change. Thank you for the opportunity to share my thoughts and request. Christine Peters