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07/16/2012 WORK SESSION MEETING MINUTES CITY OF CLEARWATER July 16, 2012 Present: Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember Jay E. Polglaze. Also Present: William B. Horne II - City Manager, Jill S. Silverboard - Assistant City Manager, Rod Irwin - 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 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 Five service awards were presented to city employees. The July 2012 Employee of the Month Award was presented to Tim Chaplinsky, Parks and Recreation. The July/August Bimonthly Team Award was presented to the Sand Key Sewer Main Burst Team: Nan Bennet, David Porter, Laura Cameron, Tim Charles, Andrew Blauvelt, Jerry Wells, Tony Miles, Herman Winthrop, Eddie Blackshear, Brandon Jerrido, Tim Keene, Willie Hill, Horace Purifoy, Dave stewart, Lawrence Wynn, Robert Wells, James Ford, Vince Kirkland, Richard Ross, Randy Britt, Shannon Winthrop, Duane Barto, Mike Blade, Todd Garrett, Terry Priester, Rob Powers, Jan Willis, Emily Laurenti, Peter Rullo, Janice Overby, Tim Bartlett, Charlie Sims, Tim Roach, Bill Andrews, Paul Bertels, Bennett Elbo, James Potts, Calvin Hoyt, Charles Stephenson, Steve Ussery, Cory Martens, Heather Parsons Kelly O'Brien, and Charlene Auclair. The Council recessed from 1:13 p.m. to 1:14 p.m. to meet as the Pension Trustees. 2. Office of Management and Budget 2.1 Adopt a tentative millage rate of 5.1550 mills for fiscal year 2012/13 and set public hearing dates on the budget for September 4, 2012 and September 20, 2012, to be held no earlier than 6:00 p.m. Work Session 2012-07-16 1 In accordance with the Truth in Millage (TRIM) process, the City Council must adopt a tentative millage rate and set public hearing dates prior to finalizing and adopting a budget. This information must be provided to the Pinellas County Property Appraiser and Tax Collector by August 4, 2012. This City's proposed millage rate and public hearing dates will be included on the TRIM notices mailed to taxpayers in August. This tentative rate cannot be increased without first-class mailing notification to each taxpayer at the expense of the City of Clearwater, not less than 10 days and not more than 15 days before the first public hearing. The City Manager's recommended millage rate is 5.1550 mills. The rate is 1.60% less than the rolled back rate of 5.2387 mills. The rolled-back rate is the millage rate that will provide the City with the same property tax revenue as was levied in the prior year. If the proposed millage rate of 5.1550 mills is adopted, the City's ordinance adopting the millage rate will reflect a 1.60% decrease from the rolled back rate of 5.2387 mills. The proposed millage rate as well as other TRIM millage rates will be noted on the 2012 compliance forms as follows: 5.1550 mills - Proposed millage rate 5.2387 mills - Rolled-back millage rate 7.7674 mills - Maximum majority vote rate 8.5441 mills - Maximum two-thirds vote rate Budget Director Tina Wilson provided a PowerPoint presentation. Staff was directed to provide information regarding portion of tax bill that goes to Pinellas County School Board and define quality of life with respective departments (i.e., Parks and Recreation and Libraries). The Council recessed from 1:51 p.m. to 1:55 p.m. In response to questions, Engineering Assistant Director Scott Rice said during the 2009 budget process a $5,200-savings was realized by removing the hibiscus from street signs. The City Manager said the Pinellas County Administrator has decided to request an increase in the EMS rate and use reserve funds to balance the EMS budget for the next fiscal year; should have no impact to the City. Clearwater Fire and Rescue Chief Robert Weiss said the overtime increase was due to bargaining agreements and salary increases. Planning and Development Director Michael Delk said the proposed Development Services Center requires substantial renovation work to the first two floors of the Municipal Services Building and reconfiguration of the first floor. Staff was directed to meet with Vice Mayor Paul Gibson to review details of the Development Services Center project. The City Manager said the proposed allocations for homelessness initiatives are $100,000 for Safe Harbor, $60,000 for Homeless Emergency Project (HEP), $25,000 Religious Community Services (RCS), $25,000 for Pinellas Hope, and $15,000 for Salvation Army. The Mayor has requested to reallocate funds as follows: $100,000 for Safe Harbor, $50,000 for HEP, $25,000 for RCS, $25,000 for Pinellas Hope, and $25,000 for Salvation Army. The reallocation will assist those agencies that receive Clearwater homeless individuals in the referral mode. Work Session 2012-07-16 2 There was consensus to proceed with the $225,000 allocation for homeless initiatives. Staff was directed to provide information regarding the rebate from Progress Energy when streetlights are not lit. 3. Economic Development and Housing 3.1 Approve the City of Clearwater's Fiscal Year 2012-2013 Consolidated Annual Action Plan, to carry forward the goals and objectives set forth in the Fiscal Year 2011-2016 Five-Year Consolidated Plan, as required by HUD, and authorize the City to enter into agreements with organizations contained in the Fiscal Year 2012-2013 Consolidated Annual Action Plan and authorize the appropriate officials to execute same. The U.S. Department of Housing and Urban Development (HUD) requires communities that receive entitlement Community Development Block Grant Program (CDBG) and HOME Investment Partnership Program (HOME)funding to prepare a comprehensive 5- year consolidated planning document that evaluates the needs of the community and sets forth strategies to address those needs. The Fiscal Year 2011-2016 Consolidated Annual Action Plan is mainly a continuation of the City's prior Consolidated Plan, which was completed in 2011. The Plan includes an executive summary, community profile, strategic plan, annual action plan, citizen participation plan and an analysis of fair housing and certifications. The community profile and the strategic plan are the two major components of the document. The community profile identifies the demographics and the strategic plan identifies the needs and how they are going to be addressed. In addition, the City is required to create and implement an annual action plan identifying the sources and uses of federal money for housing, community and economic development. This annual plan, referred to as a Consolidated Annual Action Plan, provides HUD with the City's housing, community and economic development budget and proposed expenditures based on the entitlement funds and estimated program income that the City will receive in the upcoming fiscal year to meet the goals established in the Five-Year Plan. In Fiscal Year 2012-2013, the City is estimated to receive federal funds in the amount of $719,995 through the CDBG and $301,560 through the HOME. The total Fiscal Year 2012-2013 allocation budget is $1,021,555 (excluding SHIP funding of$60,000). Funds provided through the HOME Program are limited to housing-related activities and administration. Funds provided through the CDBG Program may be used for housing, community and economic development, public services and facilities, acquisition, relocation, demolition and administration. Additional funding for the Fiscal Year 2012- 2013 budget will come from estimated program income funds and un-programmed prior year CDBG, HOME, SHIP and Pinellas County Housing Trust funds (loan repayments, loan payoffs, recaptured funds, etc). Other funds may include those from the Neighborhood Stabilization Program 3 (NSP3) and leverage from private sector investments. The City partners with several non-profit agencies to implement the goals and objectives the City had established in the Consolidated Planning Document. To obtain these partners, the City annually publishes a Notice of Funding Availability (NOFA) in the local newspaper and on its website. This notice informs the non-profits of the resources the Work Session 2012-07-16 3 City will make available and the eligible uses of these resources. It also informs them of the application period for requesting funds. This year the applications were due in April and the City received a total of 19 applications for funding requests. A Technical Review Committee (TRC), comprised of professionals in the social service and grants community and two members of the City's Neighborhood and Affordable Housing Advisory Board (NAHAB), reviewed the applications, scored them and set forth a strategy to maximize the number of applicants that will receive a portion of allocated funds. Applicants were given an opportunity to present at the monthly NAHAB meeting regarding their programs. City staff also reviewed each application to ensure it met HUD's baseline requirements. The NAHAB met on May 8, 2012 to approve the recommended allocations contained in the Fiscal Year 2012-2013 Consolidated Annual Action Plan. Economic Development and Housing Director Geri Campos Lopez provided a PowerPoint presentation. In response to a question, Ms. Campos Lopez said the Safety Harbor Family Neighborhood Service Center receives funding for only Clearwater residents who receive their services. 4. Fire Department 4.1 Declare seventeen (17) Medtronic Lifepak 12 Cardiac Monitors/Defibrillators surplus to the needs of the City, authorize donation to the Pinellas County Emergency Medical Services (EMS)Authority, and authorize the appropriate officials to execute same. (consent) Cardiac defibrillators are required equipment on the department's rescue units and advanced life support (ALS)fire engines. Two of these monitors have reached the end of their recommended useful lives and the rest will reach that point in 2012 and the Fall of 2013. Pinellas County (County), acting as the EMS Authority, has selected a different monitor, the Phillips MRx Monitor, as the replacement monitor throughout the district. Under the current EMS agreement, the County has provided Clearwater Fire and Rescue (CFR) with eight monitors for use on our funded units. In a desire to standardize equipment and for CFR not to have two service platforms, the Phillips and the Medtronic, until the Fall of 2013, the County has provided an additional nine monitors. CFR's approved 2012 Capital Improvement Plan and the proposed 2013 and 2014 plans contain $333,580 in lease purchase funding to provide equipment for our unfunded units or other department needed monitors that would no longer be required. The book value of the 17 dated monitors is $121,572.54. The County would use the donated equipment toward a trade-in allowance of$76,500 on the new equipment. CFR has been testing the Phillips monitor and found it adequate to our needs. 5. Financial Services Work Session 2012-07-16 4 5.1 Authorize the increase of Blanket Purchase Order BR507677P to Office Depot, awarded by the City Manager, from $100,000 to $220,000, for the period November 1, 2011 through October 31, 2012, in accordance with Sec. 2.564 (1)(d) Code of Ordinances - Other Governmental Bid, and authorize the appropriate officials to execute same. (consent) This Blanket Purchase Order is a piggyback of Florida State Contract 618-000-11-1, which covers the period October 18, 2010 through October 17, 2013. The City Manager approved Blanket Purchase Order BR507677P for $100,000 for the contract period November 1, 2011 through October 31, 2012. BPO BR507677P is close to running out of available funds, and the request for the additional $120,000 should provide sufficient funding to the October 31, 2012 expiration date. This contract covers the purchase of miscellaneous office supplies for use by all City Departments. The requested increase is the result of City Departments utilizing Office Depot for office supplies to a greater extent than anticipated, relative to other office supply vendors. 6. Marine and Aviation 6.1 Provide direction regarding the report of the Marine Advisory Board relating to City support of a proposed amendment to the Gulf of Mexico Fisheries Management Council's Reef Fish Management Plan allowing for sector separation as requested of the City by the Clearwater Marine Association, a group formed by and representing chartered/for hire fishing fleet. The Gulf of Mexico Fisheries Management Council (GMFMC), through the federal Fisheries Conservation and Management Act (the Magnuson-Stevenson Act), is responsible for developing fishery management plans to manage fishery resources from where state waters end, out to the 200-mile limit of the Gulf of Mexico. Fisheries Management Plans, particularly the Reef Fish Management Plan, are based on separate catch quotas for the recreational sector and the commercial sector. The commercial sector includes fisheries to supply restaurants, seafood stores and the like. The recreational sector includes private individuals fishing for their own enjoyment and specifically includes charter boats and head boats such as those that operate out of the Clearwater Beach Marina. The GMFMC is currently considering an amendment to the its Reef Fish Management Plan (amendment 39) that would develop a program for sector separation, which would allow charter fishing boats and head boats to be allocated a separate annual catch quota from the recreational sector. This sector separation would not allow the charter boats and head boats to "take" more fish, only manage the number they catch over the entire year and not lose customers during closed months. Charter and head boats will be obliged to log and report their catch to the Gulf of Mexico Fisheries Management Council to provide more data on the health of the various fish species, therefore better managing fish stocks and potentially increasing the fishing season so that captains can manage their businesses more effectively. At the present time the proposed amendment is at the "Scoping" stage, defined by the GMFMC as a period when the "Council gathers suggestions and ideas from Work Session 2012-07-16 5 stakeholders and others about how to solve a fishery problem or address a need. The goal of scoping is to identify issues, potential impacts, and reasonable alternatives associated with the issues at hand so that reasonable management actions and alternatives can be developed." The Marine Advisory Board convened a special meeting during the first week of July and staff is requesting direction from the City Council on actions to take with regard to this issue based on the Marine Advisory Board's recommendation. After a 90-minute discussion, the Marine Advisory Board voted in favor of supporting the request of the Clearwater Marine Association for sector separation. Staff was directed to draft a letter for the Mayor's signature supporting sector separation for Thursday's council meeting. The Council recessed from 3:22 p.m. to 3:30 p.m. 7. Parks and Recreation 7.1 Approve funding not to exceed $822,490 to properly close a landfill site known as the Phillip Jones Park; renovate the site to be used for youth sports, primarily as a football stadium from unrestricted Solid Waste funds and establish a new Capital Improvement Project entitled Phillip Jones Park Renovations (CIP 315-93631). (consent) The Phillip Jones Park located north of Russell Street has been used for more than 50 years by the youth of Clearwater, in specific youth from the North Greenwood Communities for youth sports, primarily football. This park has been renovated and improved several times during its span of use. Due to ongoing environmental assessment work, the park has been closed to the community for the last two years. The Environmental Division of the Engineering Department has taken the lead on determining if there were any environmental issues involving this property and if necessary, what course of action was needed to mitigate the situation. The City has contracted with Geosyntec Consultants to assist the City in working through the FDEP (Florida Department of Environmental Protection) permitting and requirements needed to address the issues at Phillip Jones. After extensive research and testing of the soil it has been determined that the Phillip Jones site and surrounding areas were used as a disposal site. The site and surrounding areas were initially low-lying property along Stevenson Creek that was frequently under water. The site and surrounding areas were filled and developed over the years, with all fill activity ending in the late 1960s. It is believed that fill for the Phillip Jones Park, which was filled prior to the mid-1950s, included incinerator ash from an old incinerator operated by the City's Solid Waste Department near Hart and Myrtle, immediately adjacent to the former Clearwater manufactured gas plant. FDEP has agreed to allow the City to address the site as an old landfill site and, as such, the City will need to close and cap the areas filled with incinerator ash properly, beginning with the Park site first. This will require the relocation of some soil on the site, Work Session 2012-07-16 6 regrading, and then covering the entire site with two feet of clean fill material. The two feet of fill and grading associated with the fill for the Phillip Jones Park will be designed to restore the football field so that it can once again be used by the youth of Clearwater. Preliminary estimates for this phase of the project range from a low of $528,490 to $822,490 depending on the extent and cost of the clean fill, placement and compaction of the clean fill, regrading the existing field topography, and resodding and restoration of the site as a football field, including necessary irrigation and lighting. This project will include the complete renovation of the current football field, fencing, bleachers, press box, parking, goal posts and other miscellaneous site amenities. Staff is recommending that funding from Solid Waste be used for this project since the past Solid Waste Department used this park as a disposal site for ash. A third quarter budget amendment will establish capital project 315-93631, Phillip Jones Park Renovations, with a transfer of$822,490 from the Solid Waste Fund. Staff was directed to provide cost information for the amenities at the site. 8. Police 8.1 Approve acceptance of Department of Justice, Bureau of Justice Assistance (DOJ/BJA) Edward Byrne Memorial Justice Assistance Grant in the amount of$60,658; additional .75 Full Time Equivalent Position (FTE), and authorize the appropriate officials to execute same. (consent) On May 3, 2012, Clearwater Police Department (CPD)was granted approval by the City Council to submit a grant application in the amount of$60,658 under the federal Justice Assistance Grant (JAG) program to continue its successful Report Review Team Program. The Program was launched last year with funding from the department's 2011 JAG grant. The Police Department now seeks approval to accept the grant and to add the additional full-time equivalent positions. The 2012 JAG grant will fund the salary and benefits of 1.43 full-time equivalent report reviewer positions. This is based on a maximum of 90 hours per week to be shared among three employees for a total of 2,967 hours annually. Based on the Pay Plan and using an hourly wage of$18.9949, salary costs are estimated at$56,358, with benefit costs for social security at$4,311. The total estimated cost is $60,669, which is $11 more than the grant award. Any difference between the grant award and the actual expenditures of the RRT Program will be funded from the Investigative Cost Recovery project. An additional part-time person will be added for this next phase of the program, and will be funded from Investigative Cost Recovery funding. Any difference in the hours between the Fiscal Year 2011 and Fiscal Year 2012 grant will also be funded from Investigative Cost Recovery funding. The additional person is equivalent to .75 FTE. Work Session 2012-07-16 7 For these additions, using an hourly wage of$18.9949, salary costs are estimated at $42,416, with benefit costs for social security at $3,245. The total estimated cost is $45,660, all of which will be funded with Investigative Cost Recovery funding. The total cost of the program will be $106,330 with $60,658 being funding with the Justice Assistance (DOJ/BJA) Edward Byrne Memorial Justice Assistance Grant and the remaining $45,672 funded with Investigative Cost Recovery funding. This figure includes the $11 over the grant award that is referenced above. There is no mandatory match for this grant. The $45,672 from the Investigative Cost Recovery fund will be reflected in the grant budget as a voluntary match. There is no retention requirement associated with this grant and the additional positions will be eliminated when grant funding expires. There will be no direct adverse impact to the Police Department annual operating budget nor is there a required match. Should the RRT Program continue to be successful, it is proposed that subsequent years be funded through the same grant or the Investigative Cost Recovery project. Special project number 181-99248, 2012 Report Review Team Program, will be established to account for the grant expenditures. In addition, Special Project 181- 99247, 2012 RRT-Invest Cost Recovery, will be established to fund the Investigative Cost Recovery portion of the grant. A Third Quarter Budget Amendment will transfer$45,672 of Fines, Forfeitures and Penalties from 181-99329, Investigative Cost Recovery, to 181-99247, 2012 RRT-Invest. Recovery Cost. 8.2 Approve a no-cost Licensing Agreement between the Vera Institute of Justice (Vera), 233 Broadway, New York, New York 10279, and the City of Clearwater (City) to permit usage of City photographs in the development of a Vera publication regarding its Engaging Police in Immigrant Communities project, and authorize the appropriate officials to execute same. (consent) The Vera Institute of Justice (Vera), founded in 1961, is an independent, non-partisan, non-profit organization that combines expertise in research, technical assistance, and demonstration projects to assist leaders in government and civil society, examine justice policy and practice, and improve the systems people rely on for justice and safety. Vera has offices in New York City, Washington, DC, and New Orleans. Its projects and reform initiatives, typically conducted in partnership with local, state, or national officials, are located across the United States and around the world. Recognizing that differing cultural norms and fear of police can be barriers to the trust and confidence needed for law enforcement agencies to serve immigrant communities, Vera works with community members, government and law enforcement officials to help police cultivate, maintain, and in some cases, restore partnerships with immigrant communities. The Vera projects also identify and disseminate information about Work Session 2012-07-16 8 promising practices and practical strategies for enhancing police-immigrant collaboration. As part of this effort, Vera wishes to include photographs that will be printed and distributed as part of its publication in support of the Immigrant Communities project. The publication, as yet untitled, will describe promising programs and practices that law enforcement agencies around the country can use to successfully build relationships between law enforcement agencies and immigrant communities. During a recent visit and tour of the InterCultural Advocacy Institute, Inc. (Hispanic Outreach Center) and the City of Clearwater departments, pictures were taken depicting camaraderie between the Clearwater Police Department and the Hispanic community. The City hereby grants Vera a license to reproduce, use, display, distribute and make derivative works of the Clearwater Police Department's photographs (the Materials). This License will entitle Vera to include the Materials in the publication. This License also entitles Vera for any non-commercial purpose, to include the Materials in other Vera publications, to post the Materials on Vera's website, and to use them on the web and in other media. Vera may not use or publish the Materials in connection with any commercial purpose. The License is perpetual, worldwide, non-exclusive, and royalty-free. Vera may exercise its rights under the License in all media and formats, whether now known or hereafter devised, and may make such modifications as are technically necessary to exercise these rights in other media and formats. There will be no monetary exchange for this License. Vera will acknowledge the Clearwater Police Department when Vera reproduces, uses, displays, distributes, and makes derivative works of the Materials. This agreement may only be amended in writing signed by Vera and the City. 8.3 Approve a Joint Use Agreement, which replaces the existing Licensing Agreement between the Tampa Division of the Federal Bureau of Investigation (FBI) and the City of Clearwater (City), concerning the use of the Clearwater Police Department District III Training Facility (Premises), located at 2851 North McMullen Booth Road, Clearwater, Florida, and authorize the appropriate officials to execute same. (consent) The FBI has requested use of the Police Department's District III Training Facility, including available parking, to conduct firearms qualifications and tactical training during such days and dates as is mutually agreeable with the understanding that the Police Department will have priority use of the Premises for its own training purposes. The FBI wants to make substantial improvements to the training facility for the benefit of its agents; and requests City approval to enter into a new Agreement for ten (10)years before making improvements. The attached Joint Use Facility Agreement will replace the existing Licensing Agreement. The FBI agrees to indemnify and to hold harmless the City of Clearwater from any and all liability, including attorney's fees, resulting from injury to persons or property arising Work Session 2012-07-16 9 from the FBI's use of the Premises in an amount not to exceed $3 million. If damages exceed $3 million, the FBI will request additional appropriations from the U.S. Congress to make the City of Clearwater whole. The FBI and the Police Department will assign points of contact (POCs)for this agreement. The POCs will address and resolve all issues related to the License Agreement. The parties agree to coordinate safety issues, jurisdictional matters, and other issues through their designated POC. All activities of the Parties under this agreement will be carried out in accordance with the terms and conditions of the Joint Use Facility Agreement to become effective upon signatures of all parties, and will remain in effect for ten (10) years. 8.4 Approve the Mutual Aid Agreement with the City of Tampa for the Republican National Convention (RNC), which will be effective during the week commencing on August 26, 2012 and authorize the appropriate officials to execute same. (consent) The City of Tampa was awarded a federal grant to help with security costs connected with the RNC. The RNC has been designated a National Special Security Event due to the event's significance to the United States and the inherent challenge of ensuring the safety and security of all event participants. Law enforcement agencies providing personnel for the RNC are considered to be sub- recipients of the federal grant and eligible for reimbursement for personnel and other costs subject to both the terms of the Agreement and the grant. Florida Governor Rick Scott will execute an executive order in advance of the RNC to activate the Florida Mutual Aid Plan pursuant to Florida State Statues Chapter 23, Part I, thereby conferring upon participating law enforcement agencies jurisdiction for its officers for all activities related to the RNC. Florida Statutes Chapter 23 further provides authority for law enforcement agencies to enter into written mutual aid agreements, including operational assistance agreements pursuant to Florida Statute 23.1225(1)(b), for assistance in the management of an emergency as defined in Florida Statute 252.34. 9. Public Utilities 9.1 Approve renewal of the Interlocal Agreement between the City of Clearwater and Pinellas County to allow the County to purchase bulk reclaimed water from the City and authorize the appropriate officials to execute same. (consent) On February 15, 2000, the City of Clearwater (City) entered into an agreement with Pinellas County (County)for a term of ten (10) years to supply a minimum of three (3) million gallons per day (mgd) of reclaimed water to the County, which was being discharged into Tampa Bay. Under the terms of that agreement, the County agreed to construct, operate and maintain all necessary infrastructure for the transmission, storage and pumping of the reclaimed water purchased from the City. The purchase of reclaimed Work Session 2012-07-16 10 water was agreed to be at a wholesale rate of$0.10 per thousand gallons. That Agreement expired February 16, 2012. The County has constructed and is maintaining all necessary infrastructure to facilitate the purchase. In 2011, the annual average daily quantity of reclaimed water purchased from the City was 1.7 mgd. Both City and County staff agree that it is in the best interest of both parties to continue the wholesale supply of reclaimed water from the City to the County. City and County staffs have negotiated to renew the agreement. The term of the Agreement is for 10 years with three 5-year renewals. The Agreement may be terminated by either party with 180 days of written notice. The City agrees to provide the target volume of 3 million gallons per day at the new wholesale rate of$0.15 per thousand gallons. The new Interlocal Agreement will commence on July 20, 2012 and expire on July 19, 2022, and allows for a daily target volume of reclaimed water purchase of 3 million gallons per day. In 2011, the City of Clearwater produced 13.6 mgd of reclaimed water; 4.05 mgd was utilized by the residents of Clearwater; and 1.7 mgd was sold to the County. The remaining volume was discharged to local surface waters as allowed by permit. The volume of reclaimed water offered by this agreement for wholesale purchase to the County is projected as excess through the term of the agreement. There is no cost to the City associated with this item. 10. Engineering 10.1 Ratify and Confirm Change Order 2 for the Marshall Street Water Reclamation Facility (WRF) Rapid Sand Filter Rehabilitation project (09-0045-UT) to add a 113-day time extension to the contract for additional unforeseen work. (consent) The Sand Filter rehabilitation project included replacement of underdrain cores and grating for 2 '/2 of the 12 filters. As the contractor brought the old filters off line and inspected their components, it was discovered the filter underdrain cores and grating had deteriorated more than anticipated. Change Order 1, approved by council in January 2012, covered the cost of$455,222, for complete replacement of all the underdrain cores and grating in the plant's twelve filters. In addition, filter clips were replaced due to unanticipated deterioration, necessitating additional time. Time was not included in Change Order 1 in anticipation that additional time added administratively (a maximum of 59 days)would be sufficient. More time was required due to longer than expected procurement time. This change order has no increase in funding. Work Session 2012-07-16 11 August 17, 2012 is the revised substantial completion date pending approval of this Change Order. The Public Utilities Department shall own and maintain the proposed improvements included in this Change Order. 10.2 Award a contract to Wharton-Smith, Inc. of Sanford, Florida, to rehabilitate clarifiers 1-4 at the Marshall Street Water Reclamation Facility (WRF) in the amount of$1,789,887.00, which is the lowest responsible bid received in accordance with plans and specifications; approve a work order to Engineer of Record, King Engineering Associates, Inc. in the amount of $175,994.00 to provide Engineering Services during construction and field observation for a total funding of$ 1,965,881.00; and authorize the appropriate officials to execute same. (consent) The project scope includes rehabilitating four (4) existing clarifiers at the Marshall Street WRF. The clarifier internal components and structural steel have corroded and are in need of replacement. The Marshall project is an outcome of a previous evaluation with recommended improvements to all the city's clarifiers. Four clarifiers at the Northeast WRF are currently being rehabilitated. The remaining four clarifiers at Northeast and two at the East WRF are scheduled for rehab over the next two years. Wharton-Smith is the lowest responsible bidder by -14% and is 15% less than the final Engineer's estimate. Although another contractor submitted a lower bid, review of their bid indicated that it did not include all of the required work. It was therefore determined to be in the best interest of the City to allow the contractor to withdraw their bid. King Engineering Associates, Inc. was the design consultant for this project and will provide engineering services and field observation upon approval of the work order. King reviewed Wharton-Smiths bid and has provided a recommendation of award. The City obtained a U.S. Environmental Protection Agency (EPA)grant for$485,000 for construction of the clarifier rehabilitation. King Engineering's sub-consultant, Angie Brewer and Associates (ABA), will provide grant administrative services. ABA has reviewed the contract and bid for conformance with EPA requirements and concurs on recommendation of award to Wharton-Smith. The construction phase is anticipated to take twelve months and is scheduled for completion by October 31, 2013. The project includes $417,000 (30% of construction cost)worth of Owner Direct Purchased equipment resulting in a tax savings valued at$25,070. The Public Utilities Department shall own and maintain the proposed improvements included in this contract. Third quarter amendments will transfer Sewer Revenue (388420)from Capital Improvement Program (CIP) projects in amounts of$300,369.40 from 0315-96664, WPC R and R and $1,665,511.60 from 0315-96611, Biosolids Treatment to 0315-96654, Facilities Upgrade and Improvements for total funding in the amount of$1,965,881.00. Work Session 2012-07-16 12 10.3 Award a contract to TLC Diversified of Palmetto, FL, in the amount of$2,378,307.80, for the Marshall Street Salsnes Filter Project (06-0022-UT), which is the lowest responsive bid received in accordance with plans and specifications; approve a work order to Engineer of Record, McKim and Creed, Inc. in the amount of$164,675.00 to provide Construction, Engineering and Inspection (CEI) services and authorize the appropriate officials to execute same. (consent) The City of Clearwater's Primary Clarifier Tanks at the Marshall Street Water Reclamation Facility (WRF) are experiencing degradation of the concrete and are in need of remedial repairs. Parts of the concrete structure date back to the 1954 treatment plant expansion and have been subjected to harsh environmental conditions for over 50 years. There has been extensive pitting and spalling of concrete along the upper portions of the tanks, exposure and corrosion of reinforcing steel, tie beam cracking, differential settlement of segments of the tanks, and adjacent channels and localized leaking due to these structural issues. McKim and Creed was originally authorized to provide evaluation, design, bidding and limited construction services to extend the life of the primary clarifiers until a long-term solution could be scheduled as a Capital Improvement Project. While a temporary solution was developed, it was also determined that a longer term solution may be possible through the replacement of the primary clarifiers with Salsnes Filter technology for a cost similar to the temporary solution. McKim and Creed was authorized to further evaluate the technology through BioWin process modeling of and pilot testing of the Salsnes Filter. Subsequently, a Preliminary Engineering Report and Design Documents were developed based on the favorable results of the evaluation. The work consists of demolition of existing primary clarifiers, equipment, electrical and incidentals. The work includes temporary supports, power, coffer dams and bypass pumping to maintain the facility in complete and full operation. Installation of two Salsnes Filters, filter feed pump, relocated sludge pumps, piping, appurtenance and electrical and instrumentation. The work also includes construction of the concrete pads, concrete structures, utility relocations associated with the design and all other work necessary for a complete and operational system. Installation of 24-inch return activated sludge (RAS) metering assembly, piping, fittings supports, concrete pads and ancillaries as necessary for a complete and operational system. Integration of new filters into plant PLC/SCADA system; modification and/or expansion of existing PLC/SCADA equipment, equipment interconnections and connection routing; and Record Drawings. McKim and Creed, Inc. was the design consultant for this project and will provide CEI services upon approval of the work order. McKim and Creed has reviewed TLC's bid and has provided a recommendation of award. This work is necessary to maintain the structural and mechanical integrity of the Marshall Street Water Reclamation Facility per permit requirements. Work will commence upon award and execution of the contract and will be completed within 210 days. Construction is expected to have a start date in July of 2012 and be complete by February of 2013. Work Session 2012-07-16 13 The Public Utilities Department is the owner and operator of the Marshall Street Water Reclamation Facility and will be responsible for current and future maintenance of all improvements associated with this project. Third quarter amendments will transfer 2009 Water and Sewer Revenue Bond proceeds (384102) in the amount of$295,835.80 from 0376-96742, Line Relocation—Capitalized to 0376-96654, Facilities Upgrade and Improvements , and $198,162.81 of Sewer Revenue (388420)from Capital Improvement Program (CIP) project 0315-96611, Biosolids Treatment to 0315-96654, Facilities Upgrade and Improvements . Sufficient budget and funding is available in CIP 0315-96654, Facilities Upgrade and Improvements in the amount of$2,048,984.19 to fund the remaining balance of the contract for total funding in the amount of$2,542,982.80. 10.4 Award a contract to SL Williams Consulting Corp of Wellington, Florida, in the amount of $1,542,238.53 for construction of the Reverse Osmosis Plant 1- Concentrate and Backwash Pipeline, Project 09-0018-UT, which is the lowest responsible bid received in accordance with the plans and specifications for this project; and authorize the appropriate officials to execute same. (consent) This Agenda Item is for the construction of the concentrate and backwash pipelines as part of the Reverse Osmosis Plant 1 Expansion Project. The pipelines are designed to transfer those by-products from the Reverse Osmosis Plant 1 (RO 1) to the west of U.S. 19 where a subsequent contract associated with the Reverse Osmosis Plant 2 (RO 2) Project will have responsibility to construct the remaining segments to the RO 2 site. The goal of this project is to convey concentrate from RO 1 to the proposed RO 2 site to use as source water and to convey the backwash from RO 1 to the proposed injection well at RO 2. It is anticipated that construction will be accomplished in 365 days and be completed by the end of summer 2013. Camp, Dresser and Mckee Smith (CDM Smith)who was selected through Request for Qualifications 14-07 was responsible for the design of the pipelines. Four bids were received and SL Williams Consulting was the lowest in the amount of $1,542,238.53 for the project. After comparing the bids, CDM Smith has provided a recommendation to award the construction of the project to SL Williams Consulting and City staff concurs. The City of Clearwater's Public Utilities Department is responsible for owning, operating and maintaining the pipelines. Sufficient funding is available in Capital Improvement Program project 0315-96764, RO Plant Expansion, in the amount of$1,542,238.53. Work Session 2012-07-16 14 10.5 Approve request from Cay 1475, LLC to vacate the 20-foot Drainage and Utility Easement located southwest of the corner of Sunset Point Road and North Highland Avenue subject to certain conditions; and pass Ordinance 8350-12 on first reading (VAC2012-03). Cay 1475, LLC (Applicant)owns fee title to the property containing the easement area proposed for vacation (Easement Vacation Area). Planning Case Number FLS2012-02003 has been reviewed by city staff and calls for a dry stormwater pond to be constructed within the Easement Vacation Area. The Applicant has agreed to grant the City a substitute Drainage and Utility Easement and to satisfy the City's requirements for the relocation of an existing sanitary line and gas line. The substitute easement will be 20-feet wide and will provide for a continuous utility corridor. Progress Energy, Verizon, Bright House and Knology have no objection to the request. The Engineering Department conducted an interdepartmental review of the request. City utility providers, potentially affected by the vacation, concur with the staff recommendation. 10.6 Approve Engineer of Record (EOR) contracts with the twenty-seven firms listed for a period of three years commencing August 10, 2012 and authorize the appropriate officials to execute same. (consent) On March 26, 2012, Requests for Qualifications (RFQ16-12)were solicited from area consulting engineering firms to serve as Engineers of Record for the City for a three-year period. Fifty-one responses were received. A seven member City selection committee reviewed each of the submittals. The firms were evaluated in terms of prior municipal experience, management and technical staff ability, availability to expeditiously complete assignments, quality control and local community involvement. On May 25, 2012 the selection committee consisting of members of the Public Utilities and Engineering Departments with advice from Clearwater Gas and the Parks and Recreation Department, met to short-list the firms that the City wished to select as Engineers of Record and to determine those firms to make verbal presentations. On June 21 and 22, 2012 verbal presentations were heard by the committee and the following firms were selected: Advanced Engineering and Design, Inc.; Atkins; Biller Reinhart Structural Group, Inc.; Cardno TBE Group, Inc.; CDM Smith; Cumbey and Fair, Inc.; Deuel and Associates; DKS Associates; Geosyntech Consultants; Grimail Crawford, Inc.; HDR Engineering, Inc.; H.W. Lochner, Inc.; Interflow Engineering; Jones Edmunds Associates, Inc.; Kimley-Horn and Associates, Inc; King Engineering Associates, Inc.; Kisinger Campo and Associates, Corp.; Leggette, Brashears and Graham, Inc; McCarthy and Associates; Mckim and Creed, PA; Metzger and Willard, Inc.; Reiss Engineering, Inc.; Reuben Clarson Consulting; Shaw Environmental and Infrastructure, Inc.; Tetra Tech, Inc.; Tricon Consulting Engineers and URS Corporation. Work Session 2012-07-16 15 The firms were selected based upon their ability to complete projects in the following disciplines: construction, environmental, hydrogeology, potable water, reclaimed water, roads, sanitary sewer, stormwater, structural analysis and traffic and transportation. Entering into agreements with these firms will enable the City to continue to utilize well- qualified firms to complete appropriate projects over the next three years. 11. Planning 11.1 Approve a Development Agreement between Louis Developments LLC (the property owner) and the City of Clearwater, providing for the allocation of units from the Hotel Density Reserve under Beach by Design; authorize the appropriate officials to execute same and adopt Resolution 12-07. (DVA2012-03001) The 1.26 acres is located at the northeast corner of East Shore Drive and Papaya Street. The site is comprised of three parcels, two on the east side of East Shore Drive and one on the west side of East Shore Drive. The majority of the site is currently vacant with the remainder of the area developed with three single-story buildings containing 42 overnight accommodation units. The proposal is for an overnight accommodation use of a total of 134 rooms (106 rooms/acre on total site, including the allocation of 71 units from the Hotel Density Reserve) and 6,500 square feet (0.11 FAR on total site) of amenities accessory to the hotel at a height of 85.5 feet (to midpoint of pitched roof of elevator tower). On June 19, 2012, the Community Development Board (CDB) approved with 29 conditions of approval a Flexible Development application for the construction of a 134- unit hotel with accessory restaurant (FLD2012-03008). The proposal is in compliance with the standards for development agreements, is consistent with the Comprehensive Plan and furthers the vision of beach redevelopment set forth in Beach by Design. The proposed Development Agreement will be in effect for a period not to exceed ten (10) years, meets the criteria for the allocation of units from the Hotel Density Reserve under Beach by Design and includes the following main provisions: Provides for the allocation of 71 units from the Hotel Density Reserve; Requires the developer to obtain building permits and certificates of occupancy in accordance with Community Development Code (CDC) Section 4-407; Requires the return of any hotel unit obtained from the Hotel Density Reserve that is not constructed; Work Session 2012-07-16 16 For units allocated from the Hotel Density Reserve, prohibits the conversion of any hotel unit to a residential use and requires the recording of a covenant restricting use of such hotel units to overnight accommodation usage; and Requires a legally enforceable mandatory evacuation/closure covenant that the hotel will be closed as soon as practicable after a hurricane watch that includes Clearwater Beach is posted by the National Hurricane Center. The Community Development Board reviewed this Development Agreement application at its public hearing on June 19, 2012, and unanimously recommended approval of the application. In response to questions, Planner Matt Jackson said Beach By Design supports the creation of a district focal point in this area. The creation of the boardwalk grants the project a building height bonus. Mr. Jackson clarified that the project could request up to 150 density pool rooms per acre. A concern was expressed regarding the condition of the existing road. Assistant City Manager Jill Silverboard said there are plans to improve the street in conjunction with the construction. It was noted the accessory restaurant did not take up 10% or more of the total accessory use of the project so additional parking would not be required. 11.2 Approve the Annexation, Initial Land Use Plan Designation of Industrial General (IG) and Industrial Limited (IL) and Initial Zoning Atlas Designation of Industrial, Research and Technology (IRT) District for 1907 Calumet Street (consisting of a portion of the Northwest 1/4 of Section 12 and the Southwest 1/4 of Section 1, Township 29 South, Range 15 East); and pass Ordinances 8335-12, 8336-12 and 8337-12 on first reading. (ANX2012-05003) This voluntary annexation petition involves a 1.07-acre property consisting of one parcel of land that is currently vacant. It is located on the west side of N. Hercules Avenue, lying north of the Seaboard Coastline Railroad. The applicant is requesting this annexation in order to join this parcel with other parcels owned by the applicant located to the west of the subject property. The property is located within an enclave and is contiguous to existing City boundaries to the north and west. It is proposed that the property be assigned Future Land Use Plan designations of Industrial General (IG) and Industrial Limited (IL) and a zoning category of Industrial, Research and Technology (IRT). The Planning and Development Department determined that the proposed annexation is consistent with the provisions of Community Development Code Section 4-604.E as follows: The property is currently vacant but would receive water service from the City of Clearwater. The closest sanitary sewer line is located north of the property in the adjacent North Hercules Avenue right-of-way, but is not readily available to the property. The applicant is aware of the additional costs to extend City sewer service to this property. Collection of solid waste will be provided by the City of Clearwater. The property is located within Police District 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 48 located at 1700 N. Belcher Road. The City Work Session 2012-07-16 17 has adequate capacity to serve this property with sanitary sewer, 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 IG and IL Future Land Use Plan categories are consistent with the current Countywide Plan designation of this property. This designation primarily permits non- residential uses at a maximum intensities of .75 FAR in IG and .65 FAR in IL. The proposed zoning district to be assigned to the property is the Industrial, Research and Technology (IRT) District. The property is currently vacant property and exceeds the District's minimum dimensional requirements. The proposed annexation is therefore consistent with the Countywide Plan and the City's Comprehensive Plan and Community Development Code; and The property proposed for annexation is contiguous to existing City boundaries to the north and west; therefore the annexation is consistent with Florida Statutes Chapter 171.044. 12. City Manager 12.1 Ratify and Confirm City Manager Approval of a lease between the City of Clearwater and Clearwater Marine Aquarium for the lease of a portion of the lower level of the Harborview Center as storage space in conjunction with the third floor occupancy; approve First Amendment to the Lease between City of Clearwater and Clearwater Marine Aquarium, dated September 12, 2011, to provide evidence of worker's compensation and automobile liability insurance and authorize the appropriate officials to execute same. (consent) Due to the success and planned expansion of the leased exhibit space of Clearwater Marine Aquarium in the Harborview Center, the Aquarium approached city staff with a request to lease a portion of the first floor and previous restaurant space of the Harborview Center for unimproved storage of supplies ancillary to the exhibit. The timing of expansion/storage requirements precluded lease approval to coincide with the July city council meeting without interrupting operations of the expansion. Therefore, the City Manager approved the lease subject to subsequent confirmation and ratification by the City Council, as provided by City Charter. The lease provides for occupancy of 5,314 sq. ft. of space on the lower level for materials storage. Rental shall be at a rate of$4 sq. ft., based on a determination of a fair and comparable rate by the City Director of Real Estate. Occupancy will be in two phases, as indicated in Exhibits A and A-1, subject to improvements for code compliance. Clearwater Marine Aquarium will underwrite the improvements. Work Session 2012-07-16 18 In preparing the storage lease documents, staff discovered that the lease for the exhibit space did not specify worker's compensation and automobile liability. The First Amendment conforms the lease to city requirements. Staff recommends confirmation and ratification of the lease for the first floor storage space and the First Amendment to the exhibit space lease. 13. Official Records and Legislative Services 13.1 Appoint one member to the Airpark Advisory Board with term to expire April 30, 2016. There was consensus to reappoint Denise Rosenberger. 13.2 Reappoint Joseph DeCicco as the Agency or Government representative and Arthonia Godwin as the Business owner or representative to the Brownfields Advisory Board with terms to expire May 31, 2016. (consent) There was consensus to reappoint Joseph DeCicco and Arthonia Godwin. 14. Legal 14.1 Move Section 28.041, Clearwater Code of Ordinances, to Chapter 21 of the Code to make solicitations on publicly owned streets, parking garages, and parking lots punishable by imprisonment, fine, or both and pass Ordinance 8345-12 on first reading. The orderly flow of motorized traffic is a major concern in congested urban areas, particularly because an obstruction or delay in traffic at one point along a traffic artery results in delays and backups far down the roadway. Roadway solicitations can adversely affect the orderly flow of traffic. Additionally, unlike the oral advocacy of ideas, or even the distribution of free literature, successful solicitations from drivers distracts them from their primary duty to watch the traffic and potential hazards in the road, observe all traffic control signals or warnings, and prepare to move through the intersection, parking garage, or parking lot because the individual is required to respond to the solicitor by, for example, searching for currency, passing it along to the solicitor, securing any change returned, replacing a wallet or closing a purse, and then returning proper attention to the full responsibilities of operating a motor vehicle. Currently, Section 28.041, Clearwater Code of Ordinances, prohibits a person from soliciting the occupants of motor vehicles being operated on public streets and the travel lane of publicly owned parking garages and parking lots. A violation is punishable only by a fine and is, therefore, nonarrestable. Because Clearwater police officers frequently observe the same individuals repeatedly soliciting after having been issued a civil citation for unlawful soliciting, officers need a greater deterrent. By moving Section 28.041, Clearwater Code of Ordinances, to Chapter 21 of the Code, the City Council will include unlawful street solicitations among those violations punishable by up to 60 days imprisonment and thus provide Clearwater police officers with the discretion to arrest those engaged in unlawful street solicitations. Work Session 2012-07-16 19 An additional change to the existing ordinance is to limit street solicitations to the types of solicitations that have the greatest potential for injuries: that is, solicitations from the occupants of motor vehicles being operated in the travel lane of publicly owned streets while the motor vehicle is stopped at a traffic control signal or at an intersection. There are numerous and diverse methods of soliciting available in the City of Clearwater that provide ample alternatives for street solicitations, including soliciting pedestrians on the sidewalk, canvassing door-to-door, telephoning or emailing individuals, or direct mailing. Moreover, the ordinance would still enable a person to solicit up to ten cumulative days within one calendar year so long as the solicitor complies with the conditions set forth in the ordinance. In response to a concern, Assistant City Attorney Rob Surette said even though an ordinance is punishable by imprisonment, it is up to a judge to sentence a violator; a police officer has the discretion to take an individual into custody and transport them to the facilities that have social programs available. 14.2 Create Section 21.20, Clearwater Code of Ordinances, prohibiting sitting or lying down on certain public areas in the Downtown area, Gateway Corridor and Clearwater Beach Tourist District and pass Ordinance 8347-12 on first reading. The improvement of the downtown, the East Gateway District, and Clearwater Beach has been a high priority in the City's plan to expand the economic base of the City by attracting new investment and patrons to the area. The downtown is projected to attract additional tourists and visitors as redevelopment continues. The East Gateway District is one of the designated redevelopment areas of the City and is at a transformative point to change the trajectory of the economy and improve the quality of life for current and future residents and businesses. Clearwater Beach has an economic impact of over $1 billion and is projected to increase its impact as redevelopment on the beach continues to occur. The City of Clearwater also spends annually around $602,000 on special events, with $453,000 allocated to downtown events (including funding from the Downtown Development Board), $5,000 allocated to the East Gateway District, and $144,000 allocated to Beach events. The right-of-way, including the sidewalk, located between the edge of the pavement of a roadway and the adjacent property line of privately and publicly owned properties located in the Clearwater Downtown Core Redevelopment Zone, the Gateway Corridor, the Clearwater Beach Core Tourist Zone, as well as the publicly owned piers, docks, and boardwalks, including public-access boardwalks, and the entryways to and exitways from publicly owned buildings located within those areas, are created and maintained for the primary purposes of enabling the public to safely and efficiently move about from place to place, thus facilitating deliveries of goods and services and providing the public with convenient access to goods and services. Moreover, those areas are prone to congestion and should be kept available to serve their primary purposes. Work Session 2012-07-16 20 Evidence from other cities such as Phoenix, Arizona in Seeley v. State of Arizona, 655 P. 2d 803, 807 (Ariz. Ct. App. 1982), and Seattle, Washington, in Roulette v. City of Seattle, 97 F. 3d 300, 306 (9th Cir. 1996) and City of Seattle v. McConahy, 937 P. 2d 1133, 1138-39 (9th Cir. 1997), shows that sitting or lying upon the public right-of-ways threatens public safety and interferes with the primary purpose of enabling the public to safely and efficiently move about from place to place, thus deterring members of the public from frequenting a business district and undermining the essential economic viability of those areas —all of which can lead to a spiral of deterioration and blight. The ordinance will make it unlawful between 7:00 a.m. and 10:00 p.m. for individuals to sit or lie down upon the right-of-way, including the sidewalk, located between the edge of the pavement of a roadway and the adjacent property line of privately and publicly owned properties located in the Clearwater Downtown Core Redevelopment Zone, the Gateway Corridor, the Clearwater Beach Core Tourist Zone, as well as the publicly owned piers, docks, and boardwalks, including public-access boardwalks, and the entryways to and exitways from publicly owned buildings located within those areas. However, the ordinance would not apply to those: • Sitting or lying down in a park or public beach as defined in Section 22.21; • Sitting or lying down due to a medical emergency; • Utilizing an object supplied by the City or other public agency in the manner it was intended, such as sitting on a chair or bench; • Sitting or lying down in or on a wheelchair, a baby carriage, or any other object or vehicle in order to move about; • Participating in or viewing any activity, such as a parade, festival, performance, rally, demonstration, meeting, or other event, pursuant to any permit or license issued by the City; • Sitting down while patronizing a sidewalk cafe; or • Sitting or lying down when it is an integral part of a protest accompanied by incidents of speech such as signs or literature explaining the protest. Additionally, no person will be charged for the first violation unless the person continues to engage in conduct prohibited by the ordinance after having been: Notified by a law enforcement officer that the conduct violates the ordinance; and Provided an opportunity to relocate to an area where sitting or lying down would be lawful. Work Session 2012-07-16 21 14.3 Create Section 21.21, Clearwater Code of Ordinances, relating to lodging out-of-doors and pass Ordinance 8348-12 on first reading. Individuals who are lodging out-of-doors on publicly owned property for the purpose of establishing a temporary or permanent place of lodging or residence adversely affects aesthetics, sanitation, public health, and safety. Moreover, the unauthorized use of publicly owned property for lodging out-of-doors when the property in question is neither intended nor designed as a camp site, campground, or site for temporary human habitation tends to impair, obstruct, and otherwise detract from the use of the property for its intended purpose. The ordinance will make it unlawful for a person to use publicly owned property in the City for the purpose of lodging out-of-doors except within those areas that are approved by the City's Parks and Recreation Department. However, if a Clearwater police officer encounters a person who is lodging out-of-doors because the person has no permanent or temporary place of residence, officers are required during the first two encounters with the same person to make every effort to afford the person an opportunity to relocate to a public or private shelter before citing the person for a violation of the ordinance. Regardless, if public or private shelter space is unavailable within Pinellas County at the moment an officer encounters a person lodging out-of-doors, the person will not be cited under the ordinance. Moreover, officers are also required to ensure that any private property of a person who is relocated to a shelter will be transported along with the person or will be stored by the police department for up to 60 days. 14.4 Adopt Ordinance 8313-12 on second reading, amending the Community Development Code to clarify exceptions for granting increased density; renaming Section 3-920 "Affordable Housing Incentives"; adding an affordable housing density bonus and parking incentives and associated qualifying criteria; adding definitions for affordable housing unit, dwelling, affordable housing bonus density, and dwelling reserved affordable housing. 14.5 Adopt Ordinance 8331-12 on second reading, amending the Community Development Code to provide for outdoor cafes within certain areas of Beachwalk; authorizing alcoholic beverages in outdoor cafes under certain circumstances. In response to a question, Planning and Development Director Michael Delk said the boardwalk is located in the Tourist (T) district; there is no prohibition to serving alcohol in the T district. Staff was directed to provide a report regarding the code violations every six months for one year. 14.6 Adopt Ordinance 8333-12 on second reading, amending and restating the provisions of Chapter 2, Article V., Division 3., of the City of Clearwater Code of Ordinances, adopting a revised Employees' Pension Plan; calling for a referendum election relating to the pension plan and providing a referendum question to appear on the ballot for said referendum. Work Session 2012-07-16 22 14.7 Adopt Ordinance 8339-12 on second reading, rescinding Ordinance 7650-06 which vacated, with conditions, the five-foot utility easement lying along the south property line of Lot 1 and the west 22.71 feet of Lot 2, Sunnydale Subdivision, and vacated the ten-foot alley lying adjacent to the north property lines of Lots 2,6,7, and the west fifteen feet of Lot 8, Sunset Point Replat because conditions were not met. 14.8 Adopt Ordinance 8340-12 on second reading, amending Chapter 22, Parks, Beaches, Recreation by modifying park hours for various parks or portions thereof; limiting bathing to recreation facilities specifically set aside for such purpose; eliminating references to bathhouses; prohibiting camping on any public beach or park except by special event permit; allowing the training and use of service animals on public beaches and park property; replacing a reference to Clearwater Executive Golf Course with the Landings Golf Club and replacing all references to City Commission with City Council; and eliminating references to reserved sections of the Code of Ordinances. 14.9 Adopt Ordinance 8341-12 on second reading, amending the Operating Budget for the Fiscal Year ending September 30, 2012 to reflect increases and decreases in revenues and expenditures for the General Fund, Special Program Fund, Special Development Fund, Solid Waste Fund, Recycling Fund, Gas Fund, Marine Fund, Airpark Fund, Parking Fund, Administrative Services Fund, General Services Fund, and Central Insurance Fund. 14.10 Adopt Ordinance 8342-12 on second reading, amending the capital Improvement Budget for the Fiscal year ending September 30, 2012, to reflect a net increase of$2,709,176. 14.11 Adopt Ordinance 8344-12 on second reading, adding violations of Chapter 22 to those violations that are punishable by a fine of up to $500.00, a term of imprisonment not exceeding 60 days, or by both a fine and imprisonment, as may be imposed by the County Court. 15. City Manager Verbal Reports 15.1 Name Change of Jack Russell Stadium Parking Lot Parks and Recreation Director Kevin Dunbar said staff has been contacted by the Campbell Family regarding renaming the athletic field. A public hearing by the Parks and Recreation Advisory Board is required. There was consensus to proceed with the public hearing. 16. Council Discussion Items 16.1 RNC Banners— Mayor Cretekos Mayor George N. Cretekos said the Republican National Convention Host Committee has asked to post welcome banners in downtown and on the Memorial Causeway Bridge. The Florida Department of Transportation (FDOT) has presumably approved the banner request. Work Session 2012-07-16 23 The City Attorney expressed a concern that the request is not consistent with the City's sign ordinance; guidance from outside counsel is needed. Staff was directed to confirm with FDOT if request has been approved and report findings to Council. 16.2 FLC Legislative Committee - Councilmember Jonson Councilmember Bill Jonson encouraged councilmembers to participate in the Florida League of Cities Legislative Policy Committee process. 17. Closing Comments by Mayor - None. 18. Adjourn The meeting was adjourned at 5:25 p.m. Work Session 2012-07-16 24