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09/14/2009 CITY COUNCILWORKSESSION MINUTES CITY OF CLEARWATER September 14, 2009 Present: Mayor Frank Hibbard, Vice-Mayor Paul Gibson, Councilmember George N. Cretekos, Councilmember John Doran, and Councilmember Carlen Petersen. Also Jill S. Silverboard - Assistant City Manager, Pamela K. Akin - City Attorney, present: Cynthia E. Goudeau - City Clerk, and Rosemarie Call - Management Analyst. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. The meeting was called to order at 1:00 p.m. at City Hall. 1. Presentations 1.1 Service Awards Six service awards were presented to city employees. The Employee of the Month Award for September 2009 was presented to Lynn Stevens, Public Utilities. The Council recessed from 1:12 p.m. to 1:13 p.m. to meet as the Pension Trustees. 2. Office of Management and Budget 2.1 Adopt Ordinance 8099-09 on second reading, declaring the millage rate to be levied for fiscal year beginning October 1, 2009 and ending September 30, 2009, for operating purposes including the funding of pensions, debt service and road maintenance for capital improvement expenditures at 5.1550 mills. 2.2 Adopt Ordinance 8100-09 on second reading, adopting an operating budget for the fiscal year beginning October 1, 2009 and ending September 30, 2010: authorizing the City Manager to issue such instructions that are necessary to achieve and accomplish the service programs so authorized; authorizing the City Council Work Session 2009-09-14 1 Manager to transfer monies and programs among the departments and activities within any fund as provided by Chapter 2 of the Clearwater Code of Ordinances. In response to a question, Budget Director Tina Wilson said no money has been allocated by council for Project Hope. Staff was directed to agenda discussion regarding charitable groups at a future meeting. 2.3 Adopt Ordinance No. 8101-09 on second reading, adopting the Capital Improvement Program budget for the fiscal year beginning October 1, 2009 and ending September 30, 2010; approving the six-year Capital Improvement Program which shall be reevaluated at the beginning of each fiscal year; authorizing the City Manager to issue such instructions that are necessary to achieve and accomplish the capital improvements so authorized; authorizing the City Manager to transfer money between projects in the Capital Improvement Program; appropriating available and anticipated resources for the projects identified. 2.4 Amend the City’s fiscal year 2008/09 Operating and Capital Improvement Budgets at Third Quarter and pass Ordinances 8102-09 and 8103-09 on first reading. 3. Economic Development and Housing 3.1 Approve a one-year funding agreement, in the amount of $150,000 between Jolley Trolley Transportation of Clearwater, Inc. and the City of Clearwater for the operation of transportation and trolley service on Clearwater Beach, Island Estates and Sand Key and authorize the appropriate officials to execute same. (consent) The Jolley Trolley Transportation of Clearwater, Inc. (Jolley Trolley) has been operating trolley service throughout the Clearwater Beach, Island Estates, and Sand Key areas since 1982. The non-profit’s mission is to reduce congestion and improve mobility in this area for both tourists and residents. The Jolley Trolley estimates it transports 100,000 passengers per year, reducing approximately 55,000 vehicles on Clearwater Beach. In addition, the Jolley Trolley has become a tourist venue that differentiates Clearwater Beach from other beaches in the area. The Jolley Trolley has undergone significant changes in leadership and operation since March 2009. With a new Executive Director, the following improvements have been completed or are underway: * Board member diversity improvements * Board/Executive Director accountability with reporting deadlines * Networking with both Chambers, tourism groups, hoteliers, wedding planners Council Work Session 2009-09-14 2 * Developed a website, with search engine optimization underway * Improved advertising displays in/on trolleys * Training drivers to be “Ambassadors of Tourism” * Rolled out new products: free birthday rides; day, weekly, and monthly passes * Implemented new schedule with 99% on time frequencies * Initiating new map and schedule of routes (every 30 minutes) In addition to the above changes, the Jolley Trolley has also negotiated an agreement with the Pinellas Suncoast Transit Authority (PSTA) to partner on their routes and to enhance services to the area. This partnership will require the Jolley Trolley to make investments in technology to be compatible with PSTA and be more competitive. As part of the new agreement, the Jolley Trolley will prepare a quarterly report that tracks high level financials, ridership numbers, accident frequency, and on- time adherence to schedule. The City will use these items as a measure of performance. $150,000 has been budgeted in the Parking Fund’s FY 2009-10 operating budget to fund this agreement. Attached is the Jolley Trolley’s Business Plan that covers the proposed revenues and expenditures for 2009 and 2010. The term of the agreement is for one year. The Economic Development and Housing Department will administer the new agreement. In response to concerns, Jolley Trolley Executive Director Bob Logenecker said the business plan is complete. The Pinellas Suncoast Transit Authority is requiring the Trolley's fare rate be decreased by 20% to be compatible with their rates. A capital plan to replace vehicles will be considered in a year. In response to a question, Mr. Logenecker said there are nine trolleys in their possession, with 6-7 trolleys on the road at any one time. 3.2 Approve an Agreement between the City of Clearwater and the Clearwater Regional Chamber of Commerce (CRCC) for tourism services in Fiscal Year 2009-2010 in return for funding in the amount of $190,000 and authorize the Council Work Session 2009-09-14 3 appropriate officials to execute same. (consent) In Fiscal Year 1999-00, the City of Clearwater entered into an agreement with the Clearwater Regional Chamber of Commerce (CRCC) to provide tourism services on behalf of the City. Fiscal Year 2009-10 will be the eleventh year of this partnership. The CRCC will continue to provide visitor information services for the City at the Chamber’s business location(s), including preparing and distributing the official Visitor’s Guide with an updated accommodations listing of the Clearwater Beach and Clearwater mainland properties ; maintaining an adequate supply of Visitors Guides at State Welcome Centers on I-75, I-10 and I-95, at the Clearwater Beach Visitor Information Center, at the State Road 60 Welcome Center and at travel trade promotional events; advertising placement in local, national and international trade publications; operation of the tourism website and other public relations activities. Reports of these activities are submitted to the Economic Development and Housing Department Director on a quarterly basis for review of performance. Accomplishments for this fiscal year include: (for the first three quarters) distributed 70,000 Visitor Guides; placed several coop advertisements including 3 full-page ads in Jazz publications for the Jazz Holiday; updated the VisitClearwaterFlorida website; continued quarterly updates to the electronic newsletter; added a new marketing/public relations person to the team to assist the Vice President of Tourism; and created a new style of advertising that includes more “eye time” with responses to sweepstakes/contests. With the new leadership in place, staff carefully reviewed each component of the tourism strategy with the Chamber to look for improvements and efficiencies. A review of the ad campaigns placed in Visit Florida was found to be ineffective as they were unable to evaluate a good return on investment. The Chamber’s proposed new model will be to support successful Clearwater-specific events such as Outback Bowl Beach Day and Ironman that draws large visitor and media attention, including national and international television programming. This model affords the opportunity to track specifically “heads in beds” and the economic impact through the bed tax. The Chamber will work with event leaders, sending visitors guides directly to participating cities and helping with the design of the collateral literature for the event, with more focus on Clearwater. The Chamber, on behalf of the City, will continue to participate in cooperative advertising campaigns with Visit St. Petersburg Clearwater (Convention and Visitors Bureau). The Chamber also plans to continue its public relations efforts began in FY08-09 targeting travel writers and hosting “familiarization” trips to secure editorial placements in national media. The e-newsletter Footprints will continue to be sent out seasonally to tens of thousands of consumers and travel industry media. Council Work Session 2009-09-14 4 The Chamber will prepare a quarterly report that tracks the number of visitors served, number of guides distributed, number of website hits, amount of and number of destination advertising placed, number of stories written, etc. on a quarterly basis and annual totals. The City will use these items as a measure of performance. $190,000 has been budgeted in the FY 2009-10 Economic Development and Housing Department operating budget (contractual services) to fund this agreement. The term of the FY 2009-10 agreement is one year. 4. Fire Department 4.1 Review and provide direction on the October 1, 2009 Emergency Medical Services ALS First Responder Agreement between Pinellas County and City of Clearwater. The Pinellas County Emergency Medical Services Authority (EMS Authority) is a special district created for the purpose of providing Emergency Medical Services (EMS) throughout Pinellas County, pursuant to Chapter 80-585, Laws of Florida, and Chapter 54, Article III, Pinellas County Code, as amended. * Pinellas County has contracted with various municipalities and independent special fire districts in the County to provide First Responder Services and has also contracted with an Ambulance Contractor to provide emergency and non- emergency transport services. * Through this contract, Clearwater Fire & Rescue will provide advanced life support services to the residents of the City of Clearwater and to individuals within the unincorporated area of Pinellas County that is located within the Clearwater Fire Control District. The City of Clearwater has 6.49 square miles of unincorporated land located within the Clearwater Fire Control District. * In 1997 the EMS Authority signed a 10-year agreement with the contract providers that expired on September 30, 2007. * The EMS Authority and the contract providers negotiated a new 5-year Agreement commencing October 1, 2007 and ending at midnight September 30, 2012. In a letter dated July 25, 2008 Pinellas County terminated this agreement effective September 30, 2009 citing decreased tax revenue due to Amendment 1 and declining property values. * The EMS Authority proposed a new one year contract commencing October 1, 2009 and ending at midnight September 30, 2010. The current 2009 contract funds six (6) rescue units and two (2) advanced life support (ALS) fire engines. The proposed 2010 contract reimburses the City for the equivalent of five (5) rescue units and three (3) ALS engines and results in Rescue 50, located in Countryside, being reimbursed as Engine 50 instead. Funding a unit as an ALS engine instead of a rescue unit results in the loss of funding for 4 equivalent full- Council Work Session 2009-09-14 5 time (FTE) positions and some vehicle costs. * In an effort to control costs the County will reimburse cities for reasonable and customary costs as opposed to fixed compensation amounts from past years and the County will assume responsibility for providing electrocardiogram (EKG) monitoring/defibrillation equipment. * Compensation for the fiscal year commencing October 1, 2009 shall be $4,895,205.00, which is $535,565.00 lower than the current fiscal-year payment of $5,430,770.00. Compensation is to be paid in arrears in equal monthly installments beginning on November 1, 2009. In response to a concern, it was stated that staff can provide information regarding process for annexing enclaves. 5. Financial Services 5.1 Declare the list of vehicles and equipment surplus to the needs of the city and authorize sale to the highest bidder at the Tampa Machinery Auction, Tampa, Florida. (consent) All vehicles and equipment have been replaced as necessary and are no longer required. Three items were eliminated through the budget process and will not be replaced. Three items were replaced with used equipment that was turned in through the budget process or as a result of the Mercury Study. Four message display units were identified as surplus through the Mercury Study and will not be replaced. Tampa Machinery Auction is the Tampa Bay Area Purchasing Cooperative Auctioneer of Record. In response to questions, Solid Waste/General Services Assistant Director Rick Carnley said there are 4 message display units in Traffic Engineering and 2 in the Police Department. The Ford Ranger was not assigned properly for task at hand. 5.2 Approve a not to exceed amount of $400,000, to pay Gallagher Bassett Services, Inc., for workers’ compensation claims due and payable for the period October 1, 2009 through September 30, 2010. (consent) This amount represents an estimate of claims expenses for the next fiscal year Council Work Session 2009-09-14 6 that will become due and payable as a result of workers' compensation claims occurring between 1984 and 1991. The City of Clearwater is self-administered for the majority of its workers’ compensation claims, but a handful of claims (14 as of October 1, 2008) are still administered by the City’s former third party administrator, Gallagher Bassett Services, Inc. The City’s Risk Management Division pays a fee of approximately $4,000 per year for continued third party services on these claims. 5.3 Approve payment of insurance premiums up to $600,000, with effective dates beginning October 1, 2009 through September 30, 2010, and authorize the appropriate officials to execute same. (consent) The Risk Management Division of the Finance Department purchases certain insurance coverage for the City. This insurance is purchased through the efforts of two brokers: Wells Fargo and Arthur J. Gallagher & Co. (Florida). Risk Management is recommending approval of the following coverages and any other coverages that may become desirable throughout the year at a cost not to exceed $600,000. Policy Term Est. Premium Crime & Dishonesty 10/1/09 - 10/1/10 $ 17,545 Excess Liability/WC 10/1/09 - 10/1/10 $ 373,760 EMS coverage 10/1/09 - 10/1/10 $ 80,260 Flood (specific properties) Annual term; various renewal dates $ 40,000 Marina Oper. Legal Liab. 10/109 - 10/1/10 $ 532,565 There are adequate funds budgeted in the FY2010 proposed budget to pay these premium. 6. Gas System 6.1 Award Bid 26-09 to Mastec North America, Incorporated, 7221 East Martin Luther King Jr. Boulevard Tampa, Florida 33619, for the period October 1, 2009, to September 30, 2010, for the Installation of Gas Mains and Service Lines and approve a Purchase Order in the amount of $960,000. (consent) Mastec North America, Incorporated is one (1) of Clearwater Gas System's two (2) contractors who install Gas Mains, Service Lines, and Underground House Piping to meet residential and commercial customer requirements in support of gas sales and operations. Mastec North America, Incorporated, was the lowest Bidder on Bid 26-09, Installation of Gas Mains, Service Lines, and House Piping at Various Locations with an actual bid of $944,350 and has performed satisfactory work under their existing contract, which is set to expire on 9/30/2009. Mastec has also provided a Council Work Session 2009-09-14 7 Performance Bond and Proof of Insurance. Funds are available in CIP 315-96377, Pinellas New Mains and Service Lines, to support these requirements. 6.2 Approve the deferral and amortization of the Gas Supply Acquisition Project No. 2 termination payment received August 7, 2009, from Florida Gas Utility in the amount of $4,151,418.62, plus accrued interest earnings over the remaining term ending September 30, 2026, and authorize the City Manager to adjust the annual transfer amount and/or remaining term to mitigate abnormal swings in the gas supply market. (consent) On June 15, 2006, the City of Clearwater (City) Council adopted Resolution 06- 38, approving a “Gas Supply Agreement No. 2” project (GSAP 2) with Florida Gas Utility (FGU), which consisted of pre-purchasing a 20-year supply of natural gas at a discounted price relative to the daily gas market. FGU executed a 20-year Prepaid Gas Purchase agreement with UBS AG effective September 1, 2006, to provide supply gas for the Clearwater Gas System, as well as 15 other FGU member systems, starting October 1, 2006, through September 30, 2026. In April 2009, UBS informed FGU they could no longer support GSAP 2 since they had decided to exit the gas supply business. Therefore, FGU negotiated with UBS to terminate the prepay agreement. On May 12, 2009, FGU and UBS entered into a “GPA Unwind Agreement Related to Gas Supply Acquisition Project No. 2”. On June 1, 2009, the City and FGU executed a Termination, Release and Proceeds Directive, which acknowledged the termination of GSAP 2. The Directive also instructed FGU to wire transfer to the City our proportionate amount of the termination payment, which was calculated to be $4,151,418.62. Amortization of the termination payment balance, including accrued interest earnings, will be calculated annually on a straight-line basis beginning October 1, 2009, over the remaining term ending September 30, 2026, which was the original end date for GSAP 2, and the annual amount transferred into the CGS Purchased Gas Adjustment (PGA) clause bucket to the benefit of gas ratepayers. Since this, in effect, serves as a Rate Stabilization Fund, the City Manager is authorized to increase or decrease the annual transfer from this fund and/or the remaining term to mitigate abnormal swings in the supply market. Amortization and deferral of the termination payment is in compliance with Financial Accounting Standards Board Statement No. 71, “Accounting for the Effects of Certain Types of Regulation.” It should be noted that, in addition to this termination payment, CGS and its customers benefited by $884,646 from the inception of the GSAP 2 project on October 1, 2006, through its termination on May 31, 2009. Therefore, the total benefit derived by CGS from this GSAP 2 project was $5,036,118, plus the Council Work Session 2009-09-14 8 interest that will accrue over the next 17 years. Staff was directed to research if profit can be taken from Gas System for another purpose. 7. Human Resources 7.1 Authorize a purchase order for payment of premiums under the City’s "1%" Life Insurance program for the continuation of life insurance plans with New York Life Insurance in the amount of $140,000 for the fourteen month period from September 1, 2009, to October 31, 2010. (consent) The City maintains a group life insurance benefit for employees, referred to as the 1% Life Insurance Program, under which the City matches employee contributions for individual life insurance premiums in an amount not to exceed 1% of the employee’s annual salary. Of the present 1% Life Insurance participating vendors, only New York Life Insurance currently maintains employee enrollment in numbers great enough that the total dollar amounts for employee and City contributions to premiums require City Council approval authorizing a purchase order for payment. This purchase order will provide for funds to cover the last two months of fiscal year 2009 and all of fiscal year 2010. This purchase order request is considered to be for a continuation of services that are excepted from the bid process as contracts for insurance. [Sec. 2.564(1)(j)]. 8. Information Technology 8.1 Award a contract (Purchase Order) to Verizon, Florida, Inc., Saint Petersburg, Florida for telephone service including frame relay service, T1’s, credit/collect calls, backup trunks, VADI circuit, and DSL high bandwidth services during the period October 1, 2009 to September 30, 2010, at a cost not to exceed $372,170, in accordance with Sec. 2.564 (1) (e), Code of Ordinances, and authorize the appropriate officials to execute same (consent). The Verizon Purchase Order - $372,170 * Frame relay, Point to Point, T1's, and radio circuits for the network - $280,010 * Collect, operator assisted, pay phone calls - $2,760 * Backup trunks for the PBX network in case the T1's fail - $11,400 * DSL/High bandwidth service for Parks & Rec, Fire, and Solid Waste transfer station, and VADI circuit - $78,000 8.2 Award a contract (Purchase Order) to State of Florida, Department of Management Services, Tallahassee, Florida for Suncom long distance overflow service, State AIN Centranet lines, and toll free lines during the period October 1, 2009 to September 30, 2010, at a cost not to exceed $143,150 in accordance with Sec. 2.564 (1) (d), Code of Ordinances, under State Contract 730-000-09-1, and Council Work Session 2009-09-14 9 authorize the appropriate officials to execute same. (consent) Department of Management Services - $143,150 Toll Free number into the network - $650 Centranet lines (462 numbers) for the outlying individual sites - $140,000 Domestic overflow long distance calls through Suncom - $2,500 8.3 Award a contract (Purchase Order) to Oracle USA Inc., Chicago, Illinois for the period October 1, 2009 through September 30, 2010 for database maintenance at a cost not to exceed $189,000 in accordance with Sec. 2.564 (1) (b), Code of Ordinances, and authorize the appropriate officials to execute same (consent). This is an annual contract for Peoplesoft (payroll system), Oracle (database licensing), and SPL/Synergen maintenance (asset management system). PeopleSoft - $97,650 SPL - $69,300 Oracle Database - $22,050 9. Marine and Aviation 9.1 Amend the Joint Participation Agreement (JPA) AOU60, Supplemental Number 02, between the City of Clearwater and the State of Florida Department of Transportation (FDOT) to construct a new multi plane hangar(s) at the Clearwater Airpark, and adopt Resolution 09-34. Due to current economic conditions, we have a waiting list for enclosed “T” hangars and believe it will be more cost effective to rent smaller hangars than filling a large multi plane hangar. The FDOT requires a supplement to the contract to make the change to hangars plural. 10. Police 10.1 Approve an agreement between the Florida Commission on Community Service and the City of Clearwater renewing the AmeriCorps Clearwater program for the period of January 1, 2010 through December 31, 2010, including a cash match in the amount of $78,200, and authorize the appropriate officials to execute same. (consent) The Clearwater Police Department has been a participating member of the AmeriCorps program since 1995, and for the past five (5) years has been the lead agency and grantee for AmeriCorps Clearwater. AmeriCorps Clearwater is a public safety program designed to foster citizen responsibility, build neighborhood unity, provide educational opportunities, and Council Work Session 2009-09-14 10 save police officer time by members performing non-hazardous public safety duties. Each full-time program member provides 1,700 hours annually and each part-time member provides 900 hours annually, resulting in a savings of over 18,000 hours of valuable police officer time. This allows police officers to devote more time to hazardous and critical crime mitigation tasks. AmeriCorps members promote a safe and friendlier place to live and visit. They also serve as a conduit for dissemination of information to residents and visitors who are most affected by ongoing changes in the City. The Clearwater Police Department benefits from the members’ assistance with community policing efforts and the opportunity to mentor and mold the potential police officers of the future. Eight (8) full-time AmeriCorps members, five (5) part- time AmeriCorps members and one (1) AmeriCorps Program Coordinator are assigned to the Clearwater Police Department. The full-time AmeriCorps members receive a minimum living allowance/stipend of $11,400 per year, and part-time AmeriCorps members receive a living allowance/stipend of $6,035 per year. A continuation funding request and application was submitted and approved by The Corporation for National and Community Service for Federal Assistance in the amount of $130,923. Special Project 181-99261 has been set up for AmeriCorps Clearwater 2010. A budget amendment will provide the cash match with a transfer of $78,200 from the Special Law Enforcement Trust Fund project 181-99331. 10.2 Approve the renewal of a Software Support Agreement for the TriTech System, in the amount of $135,323.37, for a 12-month period beginning October 1, 2009 and ending September 30, 2010 and authorize the appropriate officials to execute same. (consent) The TriTech System has been operational since October 2007; the final sign-off and payment closing out the project was disbursed in March 2009. The Council previously approved a ten-month TriTech Software Support Agreement, which will expire September 30, 2009. The TriTech System provides an integrated CADS, mobile, and AVL environment, and downloading of data to the report management system (ACISS). Prior to the TriTech System, each of these functions required separate software support and hardware agreements. In the past, CPD would budget these item separately in the amount of $122,389.00. Funding for renewal of the 12-month Software Support Agreement, in the amount of $135,323.37, is available as follows: $36,549.35 is available in CPD’s Special Project 181-99282, COPS 2005 Technology Program; the remaining $98,774.02 is budgeted in FY 2009/2010 Police Department operating budget 0010-01162- 530300-521-000-0000. Council Work Session 2009-09-14 11 11. Solid Waste/General Support Services 11.1 Award contract by purchase order to Angelo’s Recycled Materials, Consolidated Resource Recovery Inc., and Waste Management Inc. of Florida for operating expenditures of $790,000 for the disposal of solid waste at the sites operated by the three vendors listed above for the period October 1, 2009 through October 31, 2010 as provided in the City’s Code of Ordinances, Section 2.561, and authorize the appropriate officials to execute same. (consent) The Solid Waste Department collects bulk trash, yard waste, and construction and demolition debris from both commercial and residential customers. This debris is transported by City collection vehicles to State-permitted disposal facilities. The Purchasing Department advertised a request for bids (BID 25-09) for disposal services (described above) in the St. Petersburg Times on July 30, 2009 and also advertised on the City’s website from July 22 through August 12, 2009. The City received four bids on August 12, 2009. The companies who submitted bids were; Angelo’s Recycled Materials, Consolidated Resource Recovery Inc., Waste Management Inc. of Florida, and Republic Service of Tampa. The Solid Waste Department recommends that the City utilize the three bidders who have disposal facilities in Pinellas County. The use of multiple vendors will provide the Solid Waste Department with the flexibility to dispose of the various types of solid waste at the lowest price while minimizing the time and distance traveled to the disposal facilities. The suggested "not to exceed" amounts for our disposal fees per vendor are as follows: Angelo's - $550,000 Consolidated Resource Recovery - $90,000 Waste Management of Florida - $150,000 In response to questions, Finance Director Margie Simmons said the contract is for 13 months so that not all contracts are due on October 1st. It was requested that the background be changed to state the recommended cap for each and able to move if needed. 11.2 Award a contract by purchase order to Pinellas County Solid Waste for an operating expenditure of $4,200,000 for the disposal of solid waste at the Pinellas Council Work Session 2009-09-14 12 County waste-to-energy plant/landfill for the period October 1, 2009 through October 31, 2010 as provided in the City’s Code of Ordinances, Section 2.564 (1) (d), Services provided by Other Governmental Entities, and authorize the appropriate officials to execute same. (consent) Pinellas County operates the only waste-to-energy plant and landfill in the county. 11.3 Rescind Article VII, Solid Waste Management, Sections 32.272(4) and Section 32.288 and pass ordinance 8106-09 on first reading. Sections 32.272(4) and 32.288 of the newly adopted Ordinance 8025-09 need to be rescinded in order to provide the statutory notice requirement before taking further action to displace private haulers doing business within the City limits. Pre-amendment language shall take full force and effect upon adoption of ordinance 8106-09. 12. Public Utilities 12.1 Approve the amendment of the Capital Improvement Program (CIP) for Water and Sewer by reducing CIP budgets by $12,000,000 of water and sewer revenue. (consent) On June 19, 2008 the Council passed Ordinance 7913-08 amending the Water Sewer Utility rates through fiscal year 2012. The amended rates provide funding for utility operations, debt service and capital projects. An interim rate study analysis was performed and completed in April 2009 in preparation of bond issuance. A new bond issue for capital improvements for Fiscal Years 2007, 2008 and 2009 was completed and available for sale in June 2009. Third quarter budget amendments will provide sufficient funding for 2009 projects and required maintenance while eliminating the need of already approved revenue funding. The proposed Water and Sewer Capital Improvement Program budget is the result of analysis and prioritization of projects by the Public Utilities Department and the Engineering Staff and has been applied in the rate study analysis. The proposed changes are to realign the Capital Improvement Program Budget with the Rate Study eliminating the need for changes in the planned rate structure. Water & Sewer Capital Improvement Program (CIP) Project Name Decrease Increase Biosolids $ 700,000.00 $ Treatement Council Work Session 2009-09-14 13 WWTP Generator 225,000.00 Replacements Sanitary Sewer Relocation 600,000.00 Accommodation Facility Upgrade & Improvements 468,830.00 WPC R & R 500,000.00 Pump Station Replacement 2,300,000.00 Reclaimed Water Distribution 2,883,242.07 Water Supply/Treatment 520,002.01 System R & R (Capitalized) 1,496,495.88 Line Relocation – Capitalized 547,638.70 Well Rehabilitation 493,743.26 Fluoride in Water System 206,000.00 Telemetry for Wells 389,048.08 Wellfield Expansion 670,000.00 Contribution to CIP–Wastewater 758,520.00 Collection Contribution to CIP–WPC Plant 532,750.00 Operations Contribution to CIP– 4,172,100.00 Water Distribution CIP Fund Transfer In 6,536,630.00 $ $ 12,000,000.00 12,000,000.00 Staff was requested to provide information on reductions and how much is deferred. 13. Engineering 13.1 Approve the applicant’s request to vacate the 40-foot drainage and utility easement lying along the west property line of Lot 1, Clearwater "19" Commerce Center, (aka 22067 U.S. 19 North), and pass Ordinance 8084-09 on first reading. (VAC2009-04 Kunnen) The applicant is seeking vacation of the 40-foot drainage and utility easement. Progress Energy, Verizon, Bright House Networks and Knology have no facilities in the subject easement and have no objections to the vacation request. The City of Clearwater has no utilities within the subject easement. Council Work Session 2009-09-14 14 The Engineering Department has no objections to the vacation request. 13.2 Update the 2004 Floodplain Management Plan; transmit the plan to the Federal Emergency Management Agency as required by the National Flood Insurance Program’s Community Rating System; authorize the City Manager to initiate activities recommended in the Floodplain Management Plan; and adopt Resolution 09-37. The National Flood Insurance Program (NFIP) provides federally supported flood insurance in communities that regulate development in their floodplains, and the Community Rating System (CRS) reduces flood insurance premiums in those communities that do more than implement the minimum regulatory requirements. Participation in the NFIP is mandatory for federally supported flood insurance. The Floodplain Management Plan is a five year outlook that demonstrates what projects and policies the City is implementing to reduce flooding potential and decrease the risk to the NFIP. This amended Floodplain Management Plan is one of the components required to participate in the NFIP and the CRS. These activities save the citizens of Clearwater 15% on their flood insurance premiums. 13.3 Approve the second amendment to the Alligator Creek Implementation Projects, Phase II (L054) and authorize the appropriate officials to execute same. (consent) The Southwest Florida Water Management District (SWFWMD) and the City of Clearwater entered into an agreement on October 14, 2003 to implement the Alligator Creek Channels A and G projects. The agreement encumbered $2,500.000 SWFWMD funding to be matched with $2,500,000 of City funding for the implementation of these projects. Channel G (Fairwood Forest) has been constructed and the City is billing the SWFWMD for 50% of the construction costs. The Channel A improvements project was designed and the Engineers Estimate is $6,900,000. Based on the projected flood level improvement ( less than one foot at NE Coachman Road with two structures removed from the 100-year flood plain) it has been determined that the benefits are not commensurate with the cost. This amendment will release the $1,768,951 in SWFMD funding that was allocated for Channel A. The Alligator Creek Watershed Management Plan will be revised, cost effective projects will be identified and the City will submit for cooperative funding on these projects. Council Work Session 2009-09-14 15 A third quarter amendment will reduce the budget of Capital Improvement Program (CIP) project 0315-96154, Alligator Creek Implementation Projects Phase II, by $1,768,951 of SWFWMD grant funding being released. Staff was directed to verify that houses are within city limits. 13.4 Approve the final plat for "Varsity Estates," physical address is 2400 Varsity Drive and is approximately 1200 feet West of Old Coachman Road and 800 feet North of Sharkey Road. (consent) - This is a plat of Metes and Bounds parcel 42/02. - The property is within the city limits of Clearwater consisting of 7.2 acres more or less. - The final plat will create 12 single family lots. - The proposed project was approved by the Development Review Committee on November 12, 2004. - The property is zoned as Low Medium Density Residential (LMDR). 13.5 Accept a 35 foot perpetual Drainage and Utility Easement and a 20 foot Temporary Construction Easement over, under and across portions of Government Lot 2, Section 20, Township 29 South, Range 16 East, as more particularly described therein, conveyed by G and I VI Bay Cove, LLC, a Delaware limited liability company, each given in consideration of receipt of $1.00 and the benefits to be derived therefrom. (consent) The City is preparing to construct the Tropic Hills Phase 1 Project. This phase will stabilize and provide additional capacity to the existing outfall from US 19 to Tampa Bay. The subject 20 foot Temporary Construction Easement, that also includes an approximately 47' X 72' southerly extension at its westerly limits, provides access for workers and vehicles over a portion of the adjoining paved drive and parking area of Bay Cove Apartments. This 12 month authority commences with the project start date and will facilitate phased construction activities within the project limits. It is estimated that 250 days will be required to complete the entire project. The perpetual 35 foot Drainage and Utility Easement, coupled with an existing and abutting 10 foot Drainage and Utility Easement along its northerly boundary, will provide the City full 45 foot easement authority within which to construct and forever maintain the drainage improvements. Council Work Session 2009-09-14 16 13.6 Discussion of the Pinellas County Draft Landscape Maintenance Fertilizer Use Ordinance Pinellas County is considering an ordinance to limit the use of fertilizers containing the nutrients nitrogen and/or phosphorous during the wet season. Nutrient-laden runoff fosters undesirable plant and algae growth in receiving water bodies resulting in poor water quality. Tampa Bay and Stevenson Creek have been identified by the US EPA as impaired as a result of excess nutrients. To limit the amount of nutrients that runoff during the wet season, the draft ordinance includes the following provisions: - The sale of fertilizer containing nitrogen and/or phosphorous from June 1 through September 30 will be prohibited. During that time period it is anticipated that vendors will sell summer blend fertilizers that do not contain the subject nutrients. - Limit the amount of total nitrogen and/or phosphorous that can be applied in a 12 month period. - Prohibit the application of fertilizer within ten feet of a water body top of bank or seawall. - Provide training and a licensing mechanism for landscape professionals. - Provide a one year period for education and training before the ordinance becomes effective. Environmental Manager Ed Chesney said the proposed ordinance will go before the Board of County Commissioners on October 24th and will help meet water quality goals. Consensus was to support countywide ordinance. 13.7 Determine that continued City ownership of an 18.18 acre portion of Hillsborough County parcel U-19-27-ZZZ-000000-13530.0, together with access from Patterson Road, no longer serves a valid public purpose; declare said parcel as surplus for the purpose of selling, and authorize advertising for bid in the minimum amount of $240,000 net, less costs of recording corrective instruments, if any, pursuant to Invitation For Bid 23-09. The City has leased the subject parcel, a portion of its 444 acre Hillsborough County "Sludge Farm" to the Silver Dollar Trap Club since 1994. The club has improved the parcel with three of its thirteen trap shooting stands. In December 2008 Council approved a Lease Modification Agreement and other instruments authorizing extension of the 15-year lease term for one additional year through February 13, 2010. Council Work Session 2009-09-14 17 Lease Article 21 (Environmental Matters) requires the Lessee to perform an environmental audit of the parcel upon lease termination and, if necessary, remediate any environmental impacts created during the lease term in excess of the baseline established at lease inception. During its term, lease Article 22 (Right of First Refusal to Purchase) grants Lessee the right of first refusal to submit a cash price purchase bid equal to or exceed any other cash price purchase bid made during the advertised bid period. The Right of First Refusal terminates with the lease. On May 22, 2009 Crockett and Associates Appraisers, Inc. prepared a current market value appraisal of the subject 18.18 parcel. Based on a SWFWMD 1989 aerial map with contours the appraiser estimates the parcel contains approximately 8 acres of upland pasture, the balance being wetlands lying within a FEMA established "Special Flood Hazard Area." The appraiser concluded the highest and best us of the parcel, with 40-foot wide access from Patterson Road, is likely to be a landscape nursery, and that its present market value as such is estimated to be $240,000. Invitation For Bid 23-09 will be advertised in compliance with purchasing regulations soliciting market interest in the parcel in accordance with terms and conditions established therein, and applicable provisions of the existing lease with the Silver Dollar Trap Club. In response to questions, Engineering Assistant Director Scott Rice said the parcel is being sold as is. There are 222 acres remaining. 13.8 Accept a 120 square foot Water Main and Utilities Easement over, under and through a portion of the Southeast 1/4 of Section 29, Township 28 South, Range 16 East conveyed by the School Board of Pinellas County, Florida, in consideration of receipt of $1.00 and the benefits to be derived therefrom. (consent) Heritage United Methodist Church has submitted plans for a Comprehensive Infill Redevelopment Project to redevelop the southerly five acres of its nearly 13 acre place of worship at 2680 Landmark Drive. The proposed redevelopment will include demolition of an existing metal building to permit construction of an 11,500 square foot one-story Fellowship Hall and connecting 37,720 square foot two-story Educational Facility. The site plan also proposes erection of a temporary modular educational facility and expanded parking totaling 404 spaces. Council Work Session 2009-09-14 18 The redevelopment parcel abuts the northerly boundary of Leila G. Davis Elementary School, 2630 Landmark Drive. An existing 8-inch water main extends along this mutual boundary on the school parcel and provides adequate capacity to serve both the school and the proposed Heritage UMC redevelopment. The Pinellas County School Board has conveyed the subject easement to permit the necessary water main interconnect to provide potable water to the new buildings and hydrants in the forthcoming redevelopment project. Councilmember Carlen Petersen disclosed she is a member of the church. The Council recessed from 2:54 p.m. to 3:03 p.m. 14. Planning 14.1 Approve amendments to the Community Development Code to create a new resort attached dwellings use in the Tourist District, and to establish criteria addressing accessory uses for overnight accommodations in the Commercial and Tourist Districts, and pass Ordinance 8044-09 on first reading. (TA2009-01004) The Planning Department is proposing amendments to the Community Development Code that address two issues: the creation of a new “resort attached dwellings” use within the Tourist District and the addition of criteria to address accessory uses within overnight accommodations uses in the Commercial and Tourist Districts. The details of the amendments are outlined below: New Resort Attached Dwellings Use Density limited to residential density of 30 units per acre; ? Limited accessory uses are allowed; ? No exterior signage related to accessory uses permitted; ? Defines “Dwellings, resort attached” within Section 8-102. ? Accessory Use Requirements for Overnight Accommodations in the Commercial and Tourist Districts Provides definition and limitations for the overall area accessory uses can ? comprise within an overnight accommodation project; Requires accessory uses to be incidental, subordinate, and customarily ? accessory to overnight accommodations; Excludes exterior uses, such as pools and tiki bars, from accessory floor ? area limitations; Establishes a maximum floor area for those accessory uses located within ? the building interior, limiting them to 10 percent of the gross floor area of the development, or up to 15 percent of the gross floor area if additional parking is provided for the portion of accessory uses that exceeds 10 Council Work Session 2009-09-14 19 percent; Implements criteria in Beach by Design related to accessory uses by ? requiring projects that request rooms from the Hotel Density Reserve (Reserve) and also propose interior accessory uses that comprise between 5 percent and 15 percent of the building gross floor area to decrease their development potential from the Reserve in proportion to the amount of accessory uses exceeding 5 percent; Considers all interior accessory uses additional primary uses when ? determining the development potential and parking requirements for a project when accessory uses exceed 15 percent of the building gross floor area; Requires signage for accessory uses to be subordinate to and incorporated ? into the primary signage for the overnight accommodation use, and limited area; Exempts developments that have received additional density from the ? Destination Resort Density Pool in Beach by Design from the new requirements. The Community Development Board (CDB) reviewed the proposed text amendment at its meeting of August 18, 2009. The Board unanimously recommended the amendment for approval, requesting that staff provide Council with information regarding flag requirements for accessory uses. Staff is trying to collect such information and will provide you with any information obtained either prior to or at the Council work session. In response to questions, Assistant Planning Director Gina Clayton said there are 3 prototypes based on location and market. The developer would not give staff a standard. Concerns were expressed regarding hotel flagships requiring things not allowed by city code. Planning Director Michael Delk said hotel flagships have certain standards but also allow for some latitude. In response to a question, Ms. Clayton said the attached dwellings use addresses new niche in travel for those wanting a condominium experience. 14.2 Approve a Future Land Use Plan Amendment from the Residential Medium (RM) Classification to the Commercial General (CG) Classification and a Zoning Atlas Amendment from the Mobile Home Park (MHP) District to the Commercial (C) District for property located at 2337 Gulf to Bay Boulevard (the West 100 feet of the East 445.0 feet of the North 330 feet of the West ¾ of the North ½ of the NE ¼ of the SW ¼ of Section 18, Township 29 South, Range 16 East, less the north Council Work Session 2009-09-14 20 50.0 feet for Gulf to Bay Boulevard), and pass Ordinances 8079-09 and 8080-09 on first reading. (LUZ2009-06001) This future land use plan amendment and rezoning application involves an approximately 0.613 acre property located on the south side of Gulf to Bay Boulevard, approximately 1,090 feet west of Edenville Avenue and approximately 1,740 feet east of Belcher Road. This property has a future land use plan classification of Residential Medium (RM) and a zoning designation of Mobile Home Park (MHP). The applicant is requesting to amend the future land use plan classification of the site to the Commercial General (CG) classification and to rezone the property to the Commercial (C) District. The amendments will make the future land use plan and zoning atlas consistent with the actual use of the property since 1995, as well as the parcels to the east and west, which are under the same ownership. Historically the parcel was used to gain access to Hillcrest Mobile Home Park (MHP) to the south. Second Street, a private street within the Park, connected to Gulf to Bay Boulevard via the parcel. In January 1990 Lokey Oldsmobile, Inc. acquired the entire Hillcrest Mobile Home Park (MHP) and shortly after removed the existing mobile homes from the subject parcel and closed off access between it and the rest of the Park. Lokey Oldsmobile, Inc. had acquired the parcel to the east in 1988, while the parcel to the west has been an automobile dealership since 1959. In 1995 the subject parcel was approved for a Conditional Use (CU#95-37) to permit outdoor retail sales and/or storage of vehicles (the existing use on the contiguous parcels to the east and west). In 1996 Lokey Oldsmobile, Inc. declared a Unity of Title between the subject parcel and the adjacent parcel to the east and to the west. Currently, there is no cross-access between Hillcrest Mobile Home Park (MHP) and the subject parcel. A detention area in the southeast portion of the parcel, as well as a concrete wall extending nearly the entire length of the parcel, serve as buffers. The Planning Department has determined that the proposed future land use plan amendment and rezoning amendment, as recommended, are consistent with the following standards specified in the Community Development Code: - The proposed land use plan amendment is consistent with the Comprehensive Plan, the Countywide Plan Rules, and the Community Development Code. - The proposed use is compatible with the surrounding area. - Sufficient public facilities are available to serve the property. - The applications will not have an adverse impact on the natural environment. In accordance with the Countywide Plan Rules, the land use plan amendment is subject to the approval of the Pinellas Planning Council and the Board of County Commissioners acting as the Countywide Planning Authority. The application is a large-scale amendment and review and approval by the Florida Department of Council Work Session 2009-09-14 21 Community Affairs is required. The Community Development Board reviewed this application at its public hearing on August 18, 2009 and unanimously recommended approval of the Future Land Use Plan amendment. 14.3 Approve the Annexation, Initial Land Use Plan Designation of Residential Low (RL) and Initial Zoning Atlas Designation of Low Medium Density Residential (LMDR) District for 1520 S. Highland Avenue (Lots 15, 16, and south five feet of Lot 17 and north five feet of Lot 14, Scotia Heights in Section 23, Township 29 South, Range 15 East); and pass Ordinances 8090-09, 8091-09 and 8092-09 on first reading. (ANX2009-07010) This voluntary annexation petition involves a 0.198-acre property consisting of one parcel of land occupied by an office. It is located on the west side of South Highland Avenue, approximately 295 feet south of Nursery Road. The applicant is requesting this annexation in order to receive solid waste service from the City. The property is contiguous to existing City boundaries to the east and south. It is proposed that the property be assigned a Future Land Use Plan designation of Residential Low (RL) and a zoning category of Low Medium Density Residential (LMDR). The Planning 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 the City. Sanitary sewer ? service is not available to this property. Collection of solid waste will be provided by the City of Clearwater. The property is located within Police District II and service will be administered through the district headquarters located at 645 Pierce Street. Fire and emergency medical services will be provided to this property by Station 47 located at 1460 Lakeview Road. The City has adequate capacity to serve this property with water, 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 ? objective 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 proposed RL Future Land Use Plan category is consistent with the ? current Countywide Plan designation of this property. This designation Council Work Session 2009-09-14 22 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 existing office use of the subject property is not consistent with the uses allowed in the District. Therefore, when this property is annexed, the office will be a non-conforming use. The property exceeds the District’s minimum dimensional requirements. The proposed annexation is therefore consistent with the Countywide Plan, City’s Comprehensive Plan and Community Development Code; and The property proposed for annexation is contiguous to existing City ? boundaries to the east and south; therefore the annexation is consistent with Florida Statutes Chapter 171.044. It was requested that staff confirm if a sign code violation exists on the property. 14.4 Approve the Annexation, Initial Land Use Plan Designation of Residential Urban (RU), Preservation (P), and Drainage Feature Overlay and Initial Zoning Atlas Designation of Medium Density Residential (MDR) District and Preservation (P) District for 1923 N Betty Lane (Lots 5, 10, 11, and 12, together with Lot 4 less the North 150 feet of said Lot 4, Lange’s Replat of Brown’s Subdivision in Section 3, Township 29 South, Range 15 East); and pass Ordinances 8093-09, 8094-09 and 8095-09 on first reading. (ANX2009-07011) This voluntary annexation petition involves a 1.369-acre property consisting of one vacant parcel of land. It is located on the west side of Betty Lane, approximately 178 feet north of Sunset Point Road. The applicant is requesting this annexation in order to receive water, sanitary sewer and solid waste service from the City. The Planning Department is requesting that the 0.09-acres of abutting State Street right-of-way not currently within the City limits also be annexed. The property is contiguous to existing City boundaries to the north and east. It is proposed that the property be assigned a Future Land Use Plan designation of Residential Urban (RU), Preservation (P), and Drainage Feature Overlay, and a zoning category of Medium Density Residential (MDR) and Preservation (P). The Planning Department determined that the proposed annexation is consistent with the provisions of Community Development Code Section 4-604.E as follows: The property currently does not receive water service. The closest water ? lines are located in both the adjacent State Street and Betty Lane rights-of- way. The closest sanitary sewer line is located in the adjacent State Street right-of-way. The applicant is aware of the additional costs to extend both City water and sewer service to this property. Collection of solid waste will be provided by the City of Clearwater. The property is located within Police District II and service will be administered through the district headquarters Council Work Session 2009-09-14 23 located at 645 Pierce Street. Fire and emergency medical services will be provided to this property by Station 51 located at 1720 Overbrook Avenue. The City has adequate capacity to serve this property with water, 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 ? objective 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 proposed RU and P Future Land Use Plan categories are consistent ? with the current Countywide Plan designation of this property. This RU designation primarily permits residential uses at a density of 7.5 units per acre. The Planning Department and the Pinellas Planning Council are processing a map adjustment to update the Drainage Feature Overlay, making it congruent with the P designation, pursuant to a jurisdictional wetlands survey. The proposed zoning districts to be assigned to the property are the Medium Density Residential (MDR) and Preservation (P) Districts. 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, City’s Comprehensive Plan and Community Development Code; and The property proposed for annexation is contiguous to existing City ? boundaries to the north and east; therefore the annexation is consistent with Florida Statutes Chapter 171.044. 14.5 Discuss the sandwich board sign proposal recommended by the Task Force of the Government Affairs Committee of the Regional and Beach Chambers of Commerce. (WSO) The Clearwater Regional and Beach Chambers of Commerce have established a Task Force of the Government Affairs Committee to create a forum for discussion regarding issues, ordinances, planning and future city initiatives that may affect the Clearwater Chambers. The first undertaking of the Task Force is to review the City’s sign ordinance. Instead of presenting a comprehensive list of the Chamber’s Council Work Session 2009-09-14 24 recommendations regarding the sign ordinance, the Task Force is proposing to recommend changes to the ordinance on a topic-by-topic basis. At present, the Task Force has submitted a proposal to the Planning Department that would greatly expand the scope and number of sandwich board signs allowed in the City by permitting them on public and private property in all Commercial, Downtown and Tourist zoning districts. The current City provisions only allow such signs along traditional urban corridors in the Downtown District. The proposed characteristics of sandwich board sign such as materials, size, permitting, etc. are very similar to the City’s current sandwich board sign provisions which will expire on September 18, 2009. In the event Council directs staff to prepare an ordinance allowing sandwich board signs, the Planning Department recommends limiting such signs to traditional urban corridors in the Downtown and Tourist Districts. Clearwater Chamber of Commerce representative Roger Larson said local businesses need something to attract pedestrians into storefronts. He requested that Council approve sandwich board signs and allow the Chamber to work with staff to develop an ordinance. Planning Director Michael Delk said staff does not recommend that sandwich board signs be allowed citywide but only in traditional corridors, such as Downtown and the Tourist district. In response to a suggestion, it was stated that signs located at strip malls are on internal sidewalks, not next to the street. Staff was directed to agenda discussion for Thursday. 14.6 Discuss amendments to the Community Development Code to increase required side setbacks for commercial docks. (WSO) At the August 20 th City Council meeting, Council requested that staff conduct research regarding the possibility of increasing the required side setbacks for commercial docks from the existing standard of 10 percent of the property width measured at the waterfront property line to 20 percent of the same. Incorporating such changes into Ordinance 8043-09, Code V, would not have been possible without a title change and readvertising. Thus, amending Section 3-601.C.3.h.i would require a new ordinance. It was stated that condo docks are defined as commercial docks, which is consistent with the county. Council Work Session 2009-09-14 25 Staff was directed to schedule discussion for Thursday. 15. Official Records and Legislative Services 15.1 Appoint two members to the Environmental Advisory Board with the terms to expire September 30, 2013. 16. Legal 16.1 Adopt Ordinance No. 8104-09 on second reading, amending Chapter 22, Code of Ordinances, to change administrative responsibility for public bathing beaches, bathing and swimming areas, and the Courtney Campbell Recreation Area from the City Marine Department to the City Manager or his designee; eliminating the definition of safe bathing limit, and to describe areas formerly described as safe bathing limits as areas prohibiting, generally, watercraft and aircraft. 16.2 Request for authority to institute a civil action against Advanced Communications, LLC, to recover $2,885.62 for damages to City property. (consent) On September 25, 2008, employees of Advanced Communications LLC were performing excavation work in the vicinity of the intersection of Bertland Way and Chenango Avenue in Clearwater, Florida, and accidentally severed a City water main. Water flooded the area, but no barriers or cones were placed to block the street. A Department of Solid Waste side-loading vehicle was making a right turn from Chenango onto Bertland, and was waived on by one of the workers. The pavement collapsed and the cab of the truck sank into the rapidly enlarging hole caused by the road wash-out, resulting in damages to the City vehicle in the amount of $2,885.62. Attempts to collect the amount of damages from Advanced Communications, LLC have been unsuccessful. The Legal Department requests authority to bring a legal action against Advanced Communications, LLC to recover the moneys owed to the City for the aforesaid property damage. 17. City Manager Verbal Reports 18. Council Discussion Items 18.1 Efficiency Reviews of Fire and Parks and Recreation - Gibson It was suggested the Fire and Parks Recreation Departments undergo an efficiency study. It was stated that Pinellas County soon will review EMS services for the entire county. Council Work Session 2009-09-14 26 Staff was directed to schedule discussion for Thursday. 18.2 Hotel Density Planning Director Michael Delk presented a model of the Coronado corridor. Concern was expressed that projects will go to the maximum height permitted. It was stated that current regulation allows greater likelihood of having a variety of heights. Assistant Planning Director Gina Clayton said hotels A and B are not going to the maximum height. Staff was directed to provide a map of parcels in process. 19. Other Council Action - None. 20. Adjourn The meeting was adjourned at 4:50 p.m. 21. Presentation(s) for Council Meeting 21.1 Service Awards 21.2 Fire Prevention Week Proclamation 21.3 Public Natural Gas Week Proclamation - October 4 through 10 2009. Council Work Session 2009-09-14 27