City Hall 112 S. Osceola Avenue Clearwater, FL 33756 Meeting Minutes Thursday, April 19, 2018 6:00 PM Council Chambers City Council Page 1
Rollcall Present: 5 - Mayor George N. Cretekos, Vice Mayor Doreen Caudell, Councilmember Hoyt Hamilton, Councilmember Bob Cundiff and Councilmember David Allbritton Also Present: William B. Horne II City Manager, Jill Silverboard Deputy City Manager, Micah Maxwell Assistant City Manager, Pamela K. Akin - City Attorney, Rosemarie Call - City Clerk and Nicole Sprague Official Records and Legislative Services Coordinator To provide continuity for research, items are listed in agenda order although not necessarily discussed in that order. Unapproved 1. Call to Order Mayor Cretekos The meeting was called to order at 6:00 p.m. at City Hall. 2. Invocation Rev. Jefferson Cox from Grace Lutheran Church 3. Pledge of Allegiance Vice Mayor Caudell 4. Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by governmental agencies or groups providing formal updates to Council will be limited to ten minutes.) Given. 4.1 April Service Awards One service award was presented to a city employee. 4.2 Habitat for Humanity Build Local Week Proclamation, April 15-21, 2018 - Mike Sutton, CEO of Habitat for Humanity of Pinellas County, Inc. 5. Approval of Minutes 5.1 Approve the minutes of the April 4, 2018 City Council Meeting as submitted in written summation by the City Clerk. Councilmember Cundiff moved to approve the minutes of the April 4, 2018 City Council Meeting as submitted in written summation by the City Clerk. The motion was duly seconded and carried unanimously. Page 2
6. Citizens to be heard re items not on the agenda Tom Rask said yesterday's circuit court ruling stated that the land under the Clearwater Beach Recreation Center is not owned by the City. He said a letter by the State of Florida stated the land under the Sand Pearl is owned by the State. In 2007, the City leased that land to the Sand Pearl Resort; the executed development agreement stated that it was determined the City owned the land by fee simple title. He requested copies of records that show what the City has done to correct this matter. 7. Consent Agenda Approved as submitted. 7.1 Approve forgivable loan to Abilities of St. Andrews Cove, Inc. of Florida in an amount not to exceed $318,600 to rehabilitate six multi-family units for rent at St. Andrews Cove apartment complex and authorize the appropriate officials to execute all instruments required to affect loan closing. (consent) 7.2 Approve an agreement with Intuition Systems, Inc., DBA Bill2Pay, of Clearwater, Fl in the amount of $150,480 for lock box services for the, from May 1, 2018 through April 30, 2021, with the option of two two-year renewal terms and authorize the appropriate officials to execute same. (consent) 7.3 Approve an agreement with InfoSend, Anaheim, California, in the amount of $1,440,000 for utility bill print and mail, from May 1, 2018 through April 30, 2021, with two two-year renewal options and authorize the appropriate officials to execute same. (consent) 8. Administrative Public Hearings Councilmember Hamilton 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 8.1 Approve the request from staff to vacate a portion of public right-of-way of Haven Street dedicated by plat in Plat Book 5, Page 53, Official Records of Pinellas County, Florida, and certain real property dedicated as public right-of-way by City of Clearwater Resolution 79-50, as recorded in Official Records Book 4867, Page 1478, Pinellas County, Florida; pass Ordinance 9129-18 on first reading and authorize the appropriate officials to execute same. (VAC 2018-04) As a pre-requisite to a land swap between the and the Church of Scientology Flag Service Organization, Inc. (COS), it is necessary to Page 3
vacate a portion of Haven Street and certain real property that was dedicated as Right-of-Way in Official Records Book 4867, Page 1478. The portion of property that remains in City ownership following the vacation will represent one of the three parcels to be swapped in the property exchange between the City and COS. The land swap, which is outlined in more depth in that certain Contract for Exchange of Real Property agenda item, being presented for City Council consideration simultaneously herewith, will provide for the exchange of three city owned properties in return for a strategic downtown property owned by the COS. There are four conditions to this vacation. 1) the declaration of surplus of the city-owned portions of real property; 2) City Council approval of the Contract for Exchange of Real Property along with the closing on, and conveyance of, the property as contemplated in the contract; 3) The City will retain a blanket general utility, drainage and gas easement over the entire premises to be vacated; and 4) Easements will need to be granted to private utility companies so that they may sustain their existing utilities, as well. All city departments have reviewed this vacation and have no objection. In response to questions, the City Attorney said all three associated agenda items must pass; the vacating item is contingent on the land swap. Assistant City Attorney Laura Mahony said the vacation is conditioned on four things: a declaration of surplus of the three parcels, a contract and a conveyance of the property, a blanket utility and private utility easements. Haven Street and a parcel the City owns in fee simple just to the south were dedicated separately (one by plat and one by dedication of the City); if vacated, it will no longer be dedicated for public use and will be owned by the City in a proprietary capacity. Discussion ensued with concerns expressed regarding the urgency to pursue with the items at the current time while a master parking study is underway. Councilmember Cundiff moved to approve the request from City of Clearwater staff to vacate a portion of public right-of-way of Haven Street dedicated by plat in Plat Book 5, Page 53, Official Records of Pinellas County, Florida, and certain real property dedicated as public right-of-way by Resolution 79-50, as recorded in Official Records Book 4867, Page 1478, Pinellas County, Florida. The motion was duly seconded and carried with the following vote: Ayes: 3 - Mayor Cretekos, Councilmember Cundiff and Councilmember Page 4
Allbritton Nays: 2 - Vice Mayor Caudell and Councilmember Hamilton 8.2 Declare three parcels of certain real property in Section 16, Township 29 South, Range 15 East, formerly used respectively as right-of-way, a meeting facility that supported old Fire Station 45, and a parking lot consisting of 9 parking spaces adjacent to the North Garden Avenue Parking Garage as surplus for the purpose of exchanging the three parcels for a strategic parcel in the downtown core, which is of greater value, currently owned by the Church of Scientology Flag Service Organization, Inc. (COS) and authorize the appropriate officials to execute same. (APH) The City is the owner of three parcels of land more particularly described as: 1. 600 Franklin Street - The South 60 of Lot 1, Block 7, Gould & Ewing s 1st and 2nd Addition to Clearwater-Harbor Fla, Plat Book 1, Page 52, Public Records of Hillsborough County, of which Pinellas County was formerly a part. 2. Dedicated Right-of-Way - a portion of Lot 34 and a portion of the vacated Haven Street, Court Square Subdivision, Plat Book 5, Page 53, Public Records of Pinellas County, Florida. 3. The North 37 of the West 121 of the South half of Lot 1, Block 5, of Gould & Ewing s 1st and 2nd Addition to Clearwater-Harbor Fla., Plat Book 1, Page 52, of the Public Records of Hillsborough County, Florida, of which Pinellas County was formerly a part. The first parcel, 600 Franklin Street, supported the old Fire Station 45. The property is approximately 3,660 square feet and the appraised value of the parcel has been determined by James Millspaugh & Associates, Inc., to be One Hundred Sixty-Five Thousand dollars ($165,000.00). The second parcel, the right-of-way parcel, is located North of Court Street, between S. Garden Avenue and S. Fort Harrison Avenue, and contains right-of-way both dedicated as Haven Street by plat and right-of-way dedicated by a Resolution of the Clearwater City Council. The Haven Street portion of the right-of-way parcel was dedicated in Plat Book 5, Page 53, Official Records of Pinellas County, Florida in 1922, and will join the adjacent fee-owned lots by operation of law upon vacation. The right-of-way over City-owned lots 34 and 45 of Court Square Subdivision was dedicated by Resolution No. 79-50 in Official Records Book 4867, Page 1478, Official Records of Pinellas County. Following the vacation of the right-of-way parcel in accordance with Vacation Ordinance 9129-18, being presented for Council approval simultaneously herewith, the remaining City-owned property will be approximately 4,750 square feet. The appraised value of right-of-way/city Page 5
owned parcel has been determined by Jim Millspaugh & Associates, Inc., to be Two Hundred Thousand dollars ($200,000.00). The third parcel, located at 28 North Garden Avenue (commonly known as the s North Garden Avenue Parking Lot) lying east of Watterson Avenue, north of Cleveland Street, south of Hendricks Street, and west of N Garden Avenue. This lot is approximately 4,500 square feet and includes 9 parking spaces, open to the public. The parking rate at this lot is $0.50 an hour with a maximum time limit of 2 hours. The appraised value of this property, as determined by James Millspaugh & Associates, Inc, is Ninety Thousand dollars ($90,000.00). The property owned by COS, to be granted to the city is a paved parking lot in disrepair at the southwest corner of Martin Luther King Jr Avenue and Cleveland Street, Parcel ID# 15-29-15-53928-0005-0011. The appraised value of this property, as determined by James Millspaugh & Associates, Inc, is $640,000.00. The Nolen Project in the downtown core creates a need for public parking. It is contemplated that the property to be conveyed to the city will provide some needed parking. Per City Charter Section 2.01(d)(5)(iv), real property declared surplus may be exchanged for other real property having a comparable appraised value. In response to questions, Engineering Director Scott Rice said the preliminary layout of the property, which is located next to Fire Station 45, showed a sedimentation pond; after further review, it was determined that there is sufficient property at the fire station site to support development and sedimentation control. There is considerable amount of underground utilities on Haven Street. Assistant City Attorney Laura Mahony said the City maintains a blanket easement as a condition. CRA Executive Director Amanda Thompson said the urgency behind obtaining this parcel is because it is next to three key properties, providing the City an opportunity to attract a new restaurant or retail over the next six months. Since an RFP (Request for Proposals) is being released for housing on two other CRA-owned properties that are within walking distance, it is important to show progress with retail and restaurants in this area in order to increase property values in this area. On the long term, CRA would be able to control redevelopment of the site which is located on an important corner. Regarding transit oriented development, Ms. Thompson said it is important to remember parking will always be on a continuum; there will be multiple strategies to address the different stages of development. As the density of people and housing increases in Downtown, the need for Page 6
surface parking lots will increase. Ms. Mahony said the value of the property is $185,000 more than the value of the property the City is giving. The square footage the City is acquiring is more than three times the square footage the City is giving. As a condition to the vacation, City will have ingress, egress and access in drainage, utilities, gas, blanket easement over the property. Councilmember Cundiff moved to declare three parcels of certain real property in Section 16, Township 29 South, Range 15 East, formerly used respectively as right-of-way, a meeting facility that supported old Fire Station 45, and a parking lot consisting of 9 parking spaces adjacent to the North Garden Avenue Parking Garage as surplus for the purpose of exchanging the three parcels for a strategic parcel in the downtown core, which is of greater value, currently owned by the Church of Scientology Flag Service Organization, Inc. (COS) and authorize the appropriate officials to execute same. The motion failed for lack of a second. No Action. 8.3 Approve the annexation of 3474 Aspen Trail, 3490 and 3492 Lake Shore Lane and pass Ordinance 9123-18 on first reading. (ANX2017-12026) This voluntary annexation petition involves a 24.46-acre parcel located at the southwest corner of Curlew Road and Lake Shore Lane. The parcel is owned by the Friedel B. Roddey Family Trust. Currently, the property is occupied by two single family homes, one of which is accessed from Lake Shore Lane along the eastern boundary of the site, and one which is accessed from Aspen Trail which terminates at the southern property line. Additionally, there is a detached garage and barn on the property. A 4.8-acre stormwater pond provides stormwater storage and treatment for the neighborhood to the south of the subject site through drainage easements. The applicant is requesting annexation in order to redevelop the property with a new residential subdivision; however, no site plan has been submitted at this time. The property is contiguous to existing city boundaries along the east. The applicant has also submitted applications to change a 9.20-acre portion of the property s Future Land Use Map designation for from Transportation Utility (T/U) and Preservation (P) (Pinellas County) to Residential Low (RL) and Transportation/Utility (T/U) Overlay () (LUP2018-02001) and to rezone the entire property (24.46 acres) to the Low Medium Density Residential (LMDR) District (REZ2017-12013) upon annexation into the. Page 7
The Planning and Development Department determined that the proposed annexation is consistent with the provisions of the Clearwater Community Development Code Section 4-604.E. as follows: The parcel currently has a well for potable water, and Pinellas County would provide water service when the property is redeveloped. The closest sanitary sewer line is in the adjacent Lake Shore Lane right-of-way. The applicant is aware that they are responsible for evaluating the proper method to connect to the City s sewer system, as well as for the additional costs to extend and connect to the sewer system and any for upgrades to the existing system that may be necessary to receive additional wastewater flows. Collection of solid waste will be provided by the City. The property is 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 the property by Station #50 located at 2681 Countryside Boulevard. The City has adequate capacity to serve the property with sanitary sewer, solid waste, police, fire and EMS service. The proposed annexation will not have an adverse effect on public facilities and their levels of service; and The proposed annexation is consistent with and promotes the following objectives 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. The property proposed for annexation is contiguous to existing City boundaries along the east; therefore, the annexation is consistent with Florida Statutes Chapter 171.044. Senior Planner Lauren Matzke said staff is requesting that Item 8.3 be withdrawn due to issues with the application processing. 8.4 Approve a Future Land Use Map Amendment for a 9.20-acre portion of property from Transportation Utility (T/U) and Preservation (P) (Pinellas County) to Residential Low (RL) and Transportation/Utility (T/U) Overlay () upon annexation and pass Ordinance 9124-18 on first reading. (LUP2018-02001) This Future Land Use Map amendment application involves 9.20 acres of a Page 8
24.46-acre property located at the southwest corner of Curlew Road and Lake Shore Lane. The parcel is owned by the Friedel B. Roddey Family Trust. The applicant is requesting to amend the Future Land Use Map designation on a 9.20-acre portion of the subject property from Transportation Utility (T/U) and Preservation (P) (Pinellas County) to Residential Low (RL) and Transportation/Utility (T/U) Overlay (), indicating the intention to redevelop the site as a residential subdivision; however, no plans have been submitted at this time. The 10.16 acres of land currently designated as Residential Low (RL) in the County will continue to be designated as Residential Low (RL) on the City s map upon annexation, and the existing 4.8-acre stormwater pond, which is undesignated on Pinellas County s Future Land Use Map, will be appropriately designated upon annexation as Water/Drainage Feature, consistent with the City s Comprehensive Plan. The applicant has submitted a Petition for Annexation (ANX2017-12026) and a Zoning Atlas Amendment (REZ2017-12013) which are being processed concurrently with this case. The proposed Residential Low (RL) category would permit development at a density of 5 dwelling units per acre or a floor area ratio (FAR) of 0.40. The applicant provided a Habitat Assessment Memo which concluded that the majority of the upland area on the property is characterized by various grasses that are maintained by mowing and are therefore incorrectly currently designated as Preservation (P) on the County s Future Land Use Map. The proposed Residential Low (RL) future land use category will allow development that is in character with the surrounding properties and neighborhoods. The Transportation/Utility (T/U) Overlay is proposed along the western boundary of the subject property to recognize the utility transmission lines located in an easement and is an appropriate category because this easement is less than 10 acres in size. The Planning & Development Department has determined that the proposed Future Land Use Map 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 Countywide Plan Rules. The proposed amendment is compatible with the surrounding property and character of the neighborhood. Sufficient public facilities are available to serve the property. The proposed amendment will not have an adverse impact on the natural environment. The proposed amendment will not have an adverse impact on the use of property in the immediate area. In accordance with the Countywide Plan Rules, this land use plan amendment is subject to the approval of Forward Pinellas, in its role as the Pinellas Planning Page 9
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 Economic Opportunity and other state agencies is not required. The Community Development Board will review this application at its April 17, 2018 public hearing and make a recommendation to the Council. The Planning and Development Department will report the recommendation at the City Council meeting. Staff withdrew item. 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 1500 Country Lane West and 1505 Country Lane East and pass Ordinances 9134-18, 9135-18 and 9136-18 on first reading. (ATA2018-03001) The City is bringing these properties into its jurisdiction in compliance with the Agreements to Annex (ATAs) signed by Ager Construction Corporation in August 1977 and by Emanuel Boutzoukas in May 1985. These voluntary annexation petitions involve 0.801 acres consisting of two parcels of land occupied by single family homes. The parcels are located on the south side of Country Lane West and Country Lane East, approximately 525 feet south of SR 590 and ½ mile east of US Highway 19 North. The properties are located within an enclave 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 annexation is consistent with the provisions of Clearwater Community Development Code Section 4-604.E as follows: The properties currently receive sanitary sewer service from the City and receive water service from Pinellas County. Solid waste service will be provided to the properties by the City. The properties are located within Police District III and service will be administered through the district headquarters located at 2851 N. McMullen Booth Road. Fire and emergency medical services will be provided to these properties by Station 48 located at 1700 North Belcher Road. The City has adequate capacity to serve these properties with sanitary sewer, solid waste, police, fire and EMS service. The proposed annexation will not have an adverse effect on public facilities and their levels of service; and The proposed annexation is consistent with and promotes the following objectives and policy of the Clearwater Comprehensive Plan: Page 10
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 is consistent with the current Countywide Plan designation of these 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 annexation is therefore consistent with the Countywide Plan and the City s Comprehensive Plan and Community Development Code; and The properties proposed for annexation are contiguous to existing city limits along at least one boundary; therefore, the annexation is consistent with Florida Statutes Chapter 171.044. Councilmember Hamilton 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 1500 Country Lane West and 1505 Country Lane East. The motion was duly seconded and carried unanimously. Ordinance 9134-18 was presented and read by title only. Vice Mayor Caudell moved to pass Ordinance 9134-18 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Caudell, Councilmember Hamilton, Councilmember Cundiff and Councilmember Allbritton Ordinance 9135-18 was presented and read by title only. Councilmember Cundiff moved to pass Ordinance 9135-18 on first reading. The motion was duly seconded and upon roll call, the Page 11
vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Caudell, Councilmember Hamilton, Councilmember Cundiff and Councilmember Allbritton Ordinance 9136-18 was presented and read by title only. Councilmember Hamilton moved to pass Ordinance 9136-18 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Caudell, Councilmember Hamilton, Councilmember Cundiff and Councilmember Allbritton 8.6 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 1756 El Trinidad Drive East and pass Ordinances 9137-18, 9138-18 and 9139-18 on first reading. (ANX2018-03004) This voluntary annexation petition involves 0.184 acres of property consisting of one parcel of land occupied by a single-family home. The parcel is located on the west side of El Trinidad Drive East approximately 890 feet north of SR 590. The applicant is requesting annexation in order to receive sanitary sewer and solid waste service from the City. The property is located within an enclave and is contiguous to existing city limits to the west, north and east. It is proposed that the property be assigned a Future Land Use Map designation of Residential Urban (RL) and be assigned a Zoning Atlas designation of Low Medium Density Residential (LMDR). The Planning and Development Department determined that the proposed annexation is consistent with the provisions of Clearwater Community Development Code Section 4-604.E as follows: The property currently receives water service from the County. Collection of solid waste will be provided to the property by the City. The closest sanitary sewer main is located in the El Trinidad Drive East right-of-way. The applicant is aware that the sewer impact and assessment fees must be paid in full prior to connection and of any additional costs to extend to the city sewer main. The property is 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 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 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: Page 12
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 Countywide Plan designation for the property. This designation primarily permits residential uses at a density of 5 units per acre. The proposed zoning district to be assigned to all property is Low Medium Density Residential (LMDR). The use of the subject property is consistent with the uses allowed in the District and the property exceeds the District s minimum dimensional requirements. The proposed annexation is therefore consistent with the Countywide Plan and the City s Comprehensive Plan and Community Development Code; and The property proposed for annexation is contiguous to existing city limits along to the west, north and east; therefore, the annexation is consistent with Florida Statutes Chapter 171.044. Councilmember 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 1756 El Trinidad Drive East. The motion was duly seconded and carried unanimously. Ordinance 9137-18 was presented and read by title only. Councilmember Hamilton moved to pass Ordinance 9137-18 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Caudell, Councilmember Hamilton, Councilmember Cundiff and Councilmember Allbritton Councilmember Hamilton departed Chambers at 6:58 p.m. Ordinance 9138-18 was presented and read by title only. Councilmember Allbritton moved to pass Ordinance 9139-18 on first reading. The motion was duly seconded and upon roll call, the vote was: Page 13
Ayes: 4 - Mayor Cretekos, Vice Mayor Caudell, Councilmember Cundiff and Councilmember Allbritton Ordinance 9139-18 was presented and read by title only. Vice Mayor Caudell moved to pass Ordinance 9139-18 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 4 - Mayor Cretekos, Vice Mayor Caudell, Councilmember Cundiff and Councilmember Allbritton 8.7 Approve the annexation, initial Future Land Use Map designation of Residential Low (RL) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 3018 Glen Oak Avenue North and 3047 Hoyt Avenue and pass Ordinances 9140-18, 9141-18, and 9142-18 on first reading. (ANX2018-01003) These voluntary annexation petitions involve 0.385 acres consisting of two parcels of land occupied by single-family dwellings. The properties are located generally north of Drew Street, south of SR 590 and within ¼ mile west of North McMullen Booth Road. The applicants are requesting annexation in order to be connected to the city sanitary sewer as part of the Kapok Terrace Sanitary Sewer System Extension Project. The properties are located within an enclave and are contiguous to existing city boundaries on at least one side. 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 annexation is consistent with the provisions of Community Development Code Section 4-604.E as follows: The properties currently receive water service from the City of Clearwater. The applicants will connect to the City s sanitary sewer service when it is available and are aware of the fee that must be paid in order to connect and the financial incentives available. Collection of solid waste will be provided by the. 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 this property by Station 49 located at 565 Sky Harbor Drive. The City has adequate capacity to serve the properties with sanitary sewer, solid waste, police, fire and EMS service. The proposed annexation will not have an adverse effect on public facilities and their levels of service; and The proposed annexation is consistent with and promotes the following objectives and policy of the Clearwater Comprehensive Plan: Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Page 14
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 properties. The Residential Low (RL) designation primarily permits residential uses at a density of 5 units per acre. The proposed zoning district to be assigned to the properties is the Low Medium Density Residential (LMDR) 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 annexation is therefore consistent with the Countywide Plan and the City s Comprehensive Plan and Community Development Code; and The properties proposed for annexation are contiguous to existing City boundaries on at least one boundary; therefore, the annexation is consistent with Florida Statutes Chapter 171.044. Councilmember 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 3018 Glen Oak Avenue North and 3047 Hoyt Avenue. The motion was duly seconded and carried unanimously. Ordinance 9140-18 was presented and read by title only. Councilmember Allbritton moved to pass Ordinance 9140-18 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 4 - Mayor Cretekos, Vice Mayor Caudell, Councilmember Cundiff and Councilmember Allbritton Ordinance 9141-18 was presented and read by title only. Vice Mayor Caudell moved to pass Ordinance 9141-18 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 4 - Mayor Cretekos, Vice Mayor Caudell, Councilmember Cundiff and Councilmember Allbritton Councilmember Hamilton entered Chambers at 7:02 p.m. Page 15
Ordinance 9142-18 was presented and read by title only. Councilmember Cundiff moved to pass Ordinance 9142-18 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Caudell, Councilmember Hamilton, Councilmember Cundiff and Councilmember Allbritton 9. Quasi-Judicial Public Hearings 9.1 Approve a Zoning Atlas Amendment from the A-E Agricultural Estate Residential and R-3 Single Family Residential Districts (Pinellas County) to the Low Medium Density Residential (LMDR) District for 3474 Aspen Trail, 3490 and 3492 Lake Shore Lane upon annexation; and pass Ordinance 9125-18 on first reading. (REZ2017-12013) This Zoning Atlas amendment involves a 24.46-acre parcel located at the southwest corner of Curlew Road and Lake Shore Lane. The applicant is requesting to rezone the subject property from the A-E Agricultural Estate Residential and R-3 Single Family Residential Districts (Pinellas County) to the Low Medium Density Residential (LMDR) District, indicating the intention to redevelop the site with a new residential subdivision; however, no site plan has been submitted at this time. The applicant has submitted a petition for annexation (ANX2017-12026) and a Future Land Use Map amendment which are being processed concurrently with this case (LUP2018-02001). Currently the property has two zoning districts, A-E Agricultural Estate Residential District, which is designated along the southern half of the site, and the and R-3 Single Family Residential District, which is designated along the northern half, more or less, of the site. The applicant is requesting rezoning to establish a single zoning for the entire parcel, allowing the applicant to create a cohesive development consistent with adjacent developments. The Planning & Development Department has determined that the proposed Zoning Atlas amendment is consistent with 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 property and character of the neighborhood. The available uses in the Low Medium Density Residential (LMDR) District are compatible with the surrounding area. The proposed amendment will not adversely burden public facilities, including the traffic-carrying capacities of streets, in an unreasonably or disproportionate manner. The proposed Low Medium Density Residential (LMDR) District boundary is appropriately drawn in regard to location and classification Page 16
of streets, ownership lines, existing improvements, and the natural environment. The Community Development Board will review this application at its April 17, 2018 public hearing and make a recommendation to the Council. The Planning and Development Department will report the recommendation at the City Council meeting. Staff withdrew item. 10. Second Readings - Public Hearing 10.1 Adopt Ordinance 9101-18 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to change the land use designation for certain real property whose post office address is 300 South Duncan Avenue, Clearwater, Florida 33755, from Residential/Office General (R/OG) to Commercial General (CG). Eight individuals spoke in opposition. Three individuals spoke in support. One individual said the building currently supports incubator types of businesses. In response to questions, Economic Development and Housing Director Denise Sanderson said staff conducted an economic analysis based on industry standards for self-storage warehouses and professional/scientific services. The information was based on potential future use, not the existing use as an office building. For self-storage warehouses, the analysis projected 4.3 jobs over a 10-year period with $1.5 million in salaries; professional/scientific services projected 210 jobs with $ 51.9 million in salaries. The salary estimates do not include tax, sales, purchases, or property tax revenues, which be received regardless of the future use of the site. Discussion ensued with comments made that the city cannot dictate the Market and that the existing facility is not a well building. A concern was expressed that the neighborhood is opposed to the request, city staff did not recommend approving the request, and that the current facility provides Class C office space to business that cannot afford Class A/B office space. In response to questions, Planning and Development Director Michael Delk said staff is adjusting the value of the property with the proposed Page 17
rezoning change; the asking sale price is based on a zoning district that does not exist. There is a range of permitted uses in the Commercial district. Ordinance 9101-18 was presented and read by title only. Vice Mayor Caudell moved to adopt Ordinance 9101-18 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 4 - Mayor Cretekos, Vice Mayor Caudell, Councilmember Hamilton and Councilmember Allbritton Nays: 1 - Councilmember Cundiff 10.2 Adopt Ordinance 9102-18 on second reading, amending the Zoning Atlas of the city by rezoning certain real property whose post office address is 300 South Duncan Avenue, Clearwater, Florida 33755, from Office (O) to Commercial (C). Ordinance 9102-18 was presented and read by title only. Vice Mayor Caudell moved to adopt Ordinance 9102-18 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 4 - Mayor Cretekos, Vice Mayor Caudell, Councilmember Hamilton and Councilmember Allbritton 11. City Manager Reports Nays: 1 - Councilmember Cundiff The Council recessed from 7:55 p.m. through 8:00 p.m. 11.1 Increase the allotted Full Time Equivalents (FTEs) assigned to the Police Department by 14; authorize purchase of an additional 8 Police Ford Explorer vehicles in the current fiscal year, with an amount not to exceed $262,840; authorize purchase of 6 additional Police Ford Explorer vehicles in Fiscal Year 2018/2019; authorize purchase of law enforcement related equipment costs associated with the additional FTEs, with an amount not to exceed $246,245; authorize an increase in the Police Department s operating budget, for the current year s increase of salary, benefit and training costs related to the increased personnel, with an amount not to exceed $400,332, and authorize the appropriate officials to execute same. In the wake of the shooting incident, which occurred at Marjory Stoneman Douglas High School on February 14, 2018, the Florida Legislature passed Senate Bill 7026 Page 18
(the Marjory Stoneman Douglas HS Public Safety Act). The bill was signed by Governor Scott on March 9, 2018. The bill contains several pertinent requirements for law enforcement, which will impact the and the Clearwater Police Department. Fundamentally, this legislation requires each district school board to partner with law enforcement agencies to establish or assign one or more safe school officers at each school facility within the district by implementing a combination of options which best meet the needs of the school district; the definition of school facility includes Charter schools. Those options include mutual aid agreements, implementing a School Marshall Program, or assigning a School Resource Officer (SRO). The Pinellas School District has already determined that the School Marshall Program will not be implemented in Pinellas County and has chosen to expand the use of School Resource Officers throughout Pinellas County. Additional duties impacting law enforcement which are outlined within the legislation include providing general security, site risk assessments, monthly emergency preparedness drills, and threat assessments relating to the campus. This legislation also requires that School Resource Officer(s) are present whenever students are present for school. This will require additional relief personnel to provide law enforcement presence whenever the School Resource Officer is not on campus for either work-related or personal reasons (i.e., required court appearances, making arrests, training, sick leave, etc.). The Pinellas Sheriff and all Pinellas County Chiefs of Police have identified the relief factor of 1.2 to be applied to all Pinellas County School Resource Officer positions, to adequately provide security at these facilities in the absence of the assigned School Resource Officer. Additionally, Pinellas County has identified the appropriate SRO/Student ratio to be 1 officer per 1,500 students. The Clearwater Police Department currently has 3 permanently assigned School Resource Officers. They are assigned to the following schools: Oak Grove Middle School Countryside High School Clearwater High School. Supervision of these officers is currently accomplished through 1 sergeant, who is also assigned other duties unrelated to the School Resource Officer Program. Based upon this legislation and related mandates, the Clearwater Police Department would be required to supply School Resource Officers to the following: 1.Belleair Elementary 2.Eisenhower Elementary 3.Leila Davis Elementary 4.Sandy Lane Elementary 5.Skycrest Elementary 6.Plumb Elementary 7.Kings Highway Magnet 8.Plato Clearwater Page 19
9.Clearwater Fundamental 10.Countryside High School (one additional SRO, based upon student population) 11.Clearwater High School (one additional SRO, based upon student population) 12.Relief Officer (based upon established ratio) 13.Relief Officer (based upon established ratio). A supervisor will also be necessary to manage these additional positions and responsibilities. This brings the total additional needed personnel to comply with the legislation to 14 FTEs. There are two additional schools (Calvin Hunsinger and Clearwater Intermediate) which are within city boundaries. However, the Pinellas County School Board Police Department has agreed to maintain officer(s) at these facilities at the required ratios. Cost and Budgetary Implications: The legislation creates requirements of law enforcement state-wide which are largely unfunded. Currently, the Pinellas County School Board provides a portion of funding of the Police Department s current School Resource Officers, at a rate of $57,944.64 per officer, for a total of $173,833.92 during the existing school year. The Police Department provides funding for the remainder of the employee salary and benefits through Florida Contraband Forfeiture Funds in the amount of $124,939.00. The Pinellas County School Board proposes providing funding, consistent with the current rate, for new School Resource Officer positions created as a result of this legislation. However, relief positions, supplemental positions (based upon student population), and supervisory positions are exempt from reimbursement. There is insufficient funding within the Florida Contraband Forfeiture Fund to provide funding for, or maintain funding for, these additional officers. Furthermore, the Marjory Stoneman Douglas HS Public Safety Act does not provide funding for the costs associated with providing essential law enforcement equipment for these required positions. Currently, the equipment costs associated with an individual officer total $55,808.03, as outlined in the below table. Total equipment costs for 14 officers equals $781,312.42. The Police Department does not possess sufficient funding to absorb these costs within its current operating budget. Category Costs # Total Laptop $1,200.00 14 $16,800.00 Remote Access $240.00 14 $3,360.00 (Data) Smart Phone $864.00 14 $12,096.00 Monthly Fees Portable Radio $1,507.00 14 $21,098.00 Uniforms & Equipment $1,114.81 14 $15,607.34 Page 20
Bullet Resistant $750.00 14 $10,500.00 Vest Issued Firearm $850.00 14 $11,900.00 AR15 Rifle $1,420.00 14 $19,880.00 Taser $1,500.00 14 $21,000.00 Police Vehicle $32,855.00 14 $459,970.00 Vehicle Upfitting $9,000.00 14 $126,000.00 Vehicle Radio $4,507.22 14 $63,101.08 Grand Total $55,808.03 $781,312.42 The demand for these officers will require the Police Department to incentivize individuals to accept or request assignment to these positions. The Police Department proposes additional compensation to officers assigned to School Resource Officer positions at 5 percent of the officer s salary. For an officer in Step One of the current contract between the and the Fraternal Order of Police, Lodge 10, this equates to $2,662.67 annually. Under current contract, officers assigned to these positions receive a $40.00-stipend per pay period, which equates to $1,040.00 annually. Based on these factors, the costs personnel and equipment costs associated with an individual officer within Step One of the contract would be: Note: Though the Step One Officer salary used to approximate the financial impact of these positions, the Police Department does not intend to place newly hired officers into these assignments, as this would impede employee development and not provide appropriate officer experience within these critical settings. Currently, the City is entering negotiations with the Fraternal Order of Police, Lodge 10, and the future personnel costs, based upon these negotiations, are not known. The below chart outlines the costs associated with the salary and equipment costs of the 14 additional positions needed to comply with the mandates outlined in the Marjory Stoneman Douglas HS Public Safety Act: Page 21
The below chart outlines the costs associated with the 3 existing School Resources Officers when coupled with the salary and equipment costs of the 14 additional positions needed to comply with this mandate: Because of these mandates, the Police Department seeks approval for the following: Increase the allotted FTEs assigned to the Police Department by 14 positions as outlined above (13 Police Officers / 1 Police Sergeant), allowing the Police Department to begin hiring and training these personnel immediately. Purchase of 8 additional Police Ford Explorer vehicles in the current fiscal year, and 6 additional Police Ford Explorers in the 2018/2019 fiscal year. Based upon the anticipated need for law enforcement equipment and vehicles throughout the State of Florida (as all law enforcement agencies endeavor to comply with this statute), authorize the immediate purchase of law enforcement equipment directly related to the hiring of the above personnel, with vendors to include, but not limited to, the following: oallen Jay Fleet Sales, Inc. (not to exceed $265,000.00); ocommunications International, Inc. (not to exceed $65,000.00); oenforcement One, Inc. (not to exceed $80,000.00); oaxon, Inc. (not to exceed $25,000.00); oflorida Bullet, Inc.; ogalls, Inc; osignal 15, Inc. Authorize an increase in the Police Department s operating budget, to incorporate the associated increase in personnel and related costs, not to exceed $400,332: othe cost of these new positions, for the remainder of the current 2017/2018 fiscal year, equates to: $383,487.98 oit is anticipated the Police Department will be required to increase the number of Field Training Personnel by 5 additional full-time training officers. Based upon existing contracts, these personnel received 5 percent additional pay of their base salary when training. This amount is approximated at: $16,843.70. Page 22
APPROPRIATION CODE AND AMOUNT: A third quarter budget will amend Police Department cost center 0101138, School Resource Officers, by expenditures to date, not to exceed $909,000 offset with revenues from General Fund Reserves. USE OF RESERVE FUNDS: Funding for this contract will be provided by a third quarter budget amendment allocating General Fund reserves in an amount not to exceed $909,000 for expenditures to date for staffing and costs associated with the increase of SRO s as required by mandates resulting from the Marjory Stoneman Douglas HS Public Safety Act. Inclusive of this item if approved, a net total of $8,400,630 of General Fund reserves has been appropriated by Council to fund expenditures in the 2017/18 operating budget. The remaining balance in General Fund reserves after the 8.5% reserve requirement is approximately $8.4 million, including the BP settlement funds. Exclusive of the BP funds, the remaining balance is $1.9 million, or 1.4% of the current General Fund operating budget. Police Chief Dan Slaughter provided a PowerPoint presentation. Pinellas County School Superintendent Michael Grego said the Florida Legislature passed legislation requiring school resource officers in public schools, which will be effective on July 1. Staff has met with Pinellas County Sheriff and local police chiefs to create an affordable plan. He said the Pinellas County Commission does not have an appetite to raise the millage in order to fund the additional SROs. The School District is trying to employ 80 school police officers at a reduced cost (close to the $2.9 million being provided by the State). Pinellas County School Board Vice Chair Peggy O'Shea said the school police officers must be in place by the beginning of the school year; the 82 must be knowledgeable trained law enforcement. The law is now requiring these officers to be in elementary schools. The school officers are former police officers who work well with the elementary students. In response to questions, Dr. Grego said continuing the item before Council for two weeks would allow staff to work with Chief Slaughter to find an amicable resolve. He said assigning a vehicle to school officers is not necessary since they would not transport students and the State does not provide funding for the vehicles. He said understood the City's desire to fully outfit the school officers but it is not realistic given the financial constraints. Chief Slaughter said the State is providing funds to harden schools. Dr. Grego said he would provide Council with a copy of the Sandy Hook Page 23