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11/13/2012 CITY COUNCIL WORK SESSION MEETING MINUTES CITY OF CLEARWATER November 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. Mayor George N. Cretekos called the meeting to order at 1:00 p.m. at City Hall. 1. Presentations — Given. 1.1 Service Awards Four service awards were presented to city employees. The November 2012 Employee of the Month was presented to Kyle Wilson, Public Utilities. The November/December 2012 Bimonthly Team Award was presented to the Weekend Warriors: Gene Nyland, Howard McChesney, Katie Anding, and Fatos Pojani. 1.2 Life Cycle Energy and GHG Emission of IWMS by Behnaz Zaribaf(former Intern) and Instructor Zhang Behnaz Zaribaf presented a PowerPoint presentation on her findings of the Life Cycle Energy and Green House Gas Emissions from the city's water treatment plants. The Council recessed from 1:19 p.m. through 1:21 p.m. to meet as the Pension Trustees. 2. Economic Development and Housing 2.1 Tourism Presentation - Adel Grobler, Imagination Global Consulting (WS 0) Council 11/13/2012 1 Adel Grobler and Gabby Klink provided a PowerPoint presentation on tourism trends and its impact to Clearwater. 3. Fire Department 3.1 Request Council select Option 1 or 2 as an alternative to Fire Station 45 presented October 1, 2012; award the Construction Manager (CM) at Risk contract to Biltmore Construction, of Belleair, Florida, to construct Fire Station 45 for a Guaranteed Maximum Price (GMP) based on the Option selected; approve a supplemental work order to HDR Engineering for $429,404; establish a final project budget based on the GMP of the selected option and authorize the appropriate officials to execute same. The current project budget in capital project 315-91253, Main Fire Station, is $8,057,520. The budget approval presented to Council on October 1, 2012 was continued to November 13, 2012 and staff was tasked to investigate construction cost reductions for Fire Station 45, resulting in two options for Council to consider. The options include construction cost reductions due to value engineering efforts. Option 1 is similar to the station presented in October with a GMP of$9,297,239 million, a $1.6 million reduction. The savings result from modifications to materials, finishes and site amenities, and removal of various LEED items. This option results in a total project budget of$11,489,535 with the inclusion of architectural fees and city costs. At first quarter, this additional funding will be provided by a loan from the Central Insurance Fund in the amount of$3,432,015 with interest paid at the cash pool rate. Option 2 GMP is $8,737,695, which is a $2.18 million reduction from the early October proposal. This option modifies an earlier design with less architectural features. Option 2 employs many of the value engineering items included in Option 1 plus a no brick exterior, slightly smaller square footage, and scaled down exterior features. This option results in a total project budget of$10,907,270 with the inclusion of architectural fees and city costs. At first quarter, this additional funding will be provided by a loan from the Central Insurance Fund in the amount of$2,849,750 with interest paid at the cash pool rate. Penny for Pinellas Funds representing the Gulf Boulevard reimbursement from Pinellas County are recommended to fund the repayment of the loan and related interest payments. Under option 1, interest payments of approximately $209,034 and the additional $3,432,015 results in a total increase of$3,641,049 in the use Council 11/13/2012 2 of Penny for Pinellas funding. Under option 2, interest payments of approximately $150,807 and the additional $2,849,750 results in a total increase of$3,000,557 in the use of Penny for Pinellas funding. Under the Gulf Boulevard agreement, the City will receive $6,708,380 between fiscal year 2012/13 and 2018/19. The Central Insurance Fund will be repaid for the loan in the first six years as reimbursement proceeds are received. Fire Chief Robert Weiss provided renderings and reviewed options. In response to questions, Fire Chief Weiss said the proposed options will no longer achieve a LEED designation in order to achieve cost savings. The square footage for Option 1 is 32,839 and Option 2 is 31,377. Engineering Construction Manager Tara Kivett said the cost per square foot for Option 1 is approximately $262, which does not include cost for fixtures and furnishings; and $257 per square foot for Option 2. Administrative Support Manager Marty Moran said staff proposed to pay the loan from CIF, to be paid back in six years. Concerns were expressed with cost and size of proposed options. Staff was directed to provide cost information for the recently opened fire station in St. Petersburg; copy of the space needs analysis The Council recessed from 2:42 p.m. through 2:50 p.m. 4. Parks and Recreation 4.1 Approve First Amendment to Lease Agreement between the City of Clearwater (City) and The Clearwater Golf Club, LLC (Club) providing for clarification and modifications to Section 20 of the agreement pertaining to Property and Boiler and Machinery Insurance and authorize the appropriate officials to execute same. (consent) On April 26, 2011, the Council approved a Lease Agreement with the Club to oversee the operations and maintenance of the Clearwater Country Club golf course (CCC). This Agreement included a provision under section 20, Insurance, Indemnification and Hold Harmless, that the Club was responsible to carry property and boiler and machinery insurance. Council 11/13/2012 3 Staff is recommending that this provision be modified so that the City assumes the responsibility for the property and boiler and machinery insurance. This change will be beneficial to both the City and Club. The City will have greater coverage by this change and will be able to obtain additional compensation for damage that is not available under normal property insurance coverages. The Club will benefit by having to pay less for the coverage than if they had to engage a third party provider. The Club will be responsible to reimburse the City for the full cost of the property and boiler and machinery insurance supplied by the City. All other terms and conditions of the original agreement remain in full force and effect. 4.2 Approve an interim 3-month agreement between Coordinated Child Care (CCC) and the City of Clearwater, from October 1, 2012 to December 31, 2012, to Provide youth programming for pre-teens ages 9 12; approve the City Manager or his designee to sign the extended agreement from January 1, 2013 to September 30, 2013 once the City has met the licensing requirements of CCC; amend Coordinated Child Care Code 181-99872 by $150,000 at first quarter to account for the daily per child visit rate of$13.26 and authorize the appropriate officials to execute same. (consent) Since 2000, the City has received funding from JWB Children's Services Council to provide after school and summer programming for youth in Clearwater. Once again, the City has been awarded funding for youth programming for Fiscal Year 2012/2013 from Coordinated Child Care, which is the administrative service agency used by JWB to distribute and oversee these funds. Rather than funding a set amount for the program, this Agreement will pay $13.26 per child, per day. From past history, this will amount to approximately $150,000 per year and serve approximately 60 youths that meet the program criteria. A first quarter budget amendment for $150,000 will be made to 181-99872. Normally, staff would bring an annual agreement before the Council for approval however, CCC is now requiring that the program site (Ross Norton Recreation Center) be licensed by the Pinellas County Child Care Licensing Board. Licensing is in process and will be completed prior to January 1, 2013. Once the facility is licensed, CCC will enter into another agreement for the remainder of the funding cycle, January 1, 2013 to September 30, 2013. Rather than bringing this item back to the Council, staff is requesting approval to enter into the extension of this agreement under the Council 11/13/2012 4 same terms and conditions. This agreement will continue to provide for a program entitled Charting a Course for Youth. The program is designed to incorporate exercise and nutrition based activities in an after school and summer camp setting, to encourage healthy lifestyle choices, improve social skills, increase athletic abilities, and develop leadership skills of the participants. Academic enrichment curriculum is also included in the program. There is no requirement to continue the program when the grant ends. 4.3 Approve a blanket purchase order (contract) to Earth Designs, of Clearwater, Florida, in the amount of$280,491.20 for landscape maintenance throughout the City during the contract period January 1, 2013 through December 31, 2013 according to Bid 03-11. (consent) On December 16, 2010, the City Council approved a blanket purchase order (BPO) to Earth Designs, of Clearwater, Florida, from January 1, 2011 through December 31, 2011 for landscape maintenance throughout the City. The City Council additionally approved a blanket purchase order for Earth Designs on December 14, 2011 for the period from January 1, 2012 through December 31, 2012. The BPO is up for renewal and Earth Designs has agreed to maintain their same cost as approved in 2011. Earth Designs has been an excellent contractor and staff is recommending approving a third year on their contract with the City. The total Purchase Order is being increased by $23,379.20 from $257,112.00 to $280,491.20 to maintain additional properties added during the year, which includes 1015 Cleveland St., 704 Court Street, Intersection of Gulf to Bay and Highland Medians, 14 South Evergreen, increase in size of property at Betty Lane and Overlea (Betty Lane Park), South Greenwood Police Department Substation, and the upcoming acquisition of 1005 Part Street; etc. Included in this purchase order is a contingency amount of$25,499.20 for miscellaneous projects or properties that come up during the year. In addition, a renewal of the contract with Buccaneer Landscape of Pinellas Park, Florida for$38,014 was approved with no changes. Funds for both of these P.O.s are included in the current Fiscal Year budget, 010-01867-550400-572-000. 4.4 Approve the Parks and Recreation Advisory Board recommendation naming the former Jack Russell Stadium Parking lot, south of Jack Russell stadium, the Walter C. Campbell Sr. Park. Commission Resolution 09-31 specifies that the Parks and Recreation Board will conduct and advertise a public hearing to consider recommendations for naming city parks at a regular meeting of the Board. The Board held a public meeting on Council 11/13/2012 5 October 23, 2012 to consider naming the property formerly known as the Jack Russell Parking lot. The Board received one name for consideration: Walter C. Campbell Sr. Park Based upon the information gathered at this hearing, and on the criteria contained in the Resolution, the Parks and Recreation Board approved a motion to recommend to the City Council that the property be named Walter C. Campbell Sr. Park. If approved a park identification sign will be installed on the property to designate the park as the Walter C. Campbell Sr. Park. 4.5 Award a contract (purchase order) to Certus Builders of Tampa, Florida, Bid 08- 0064-PR-C for the construction and renovation of restroom/concession building Phase II at Pier 60 Park for $156,691.70 and authorize the appropriate officials to execute same. (consent) On July 21, 2011, the City Council approved a contract for Phase I of the construction and renovation of restroom/concession building at Pier 60 Park. This contract is for Phase 11, which consists of constructing an additional storage area for the ice machine, products and cold storage units, which are currently being housed outside the concession building. On December 16, 2010, City Council approved the Third Amendment to the License Agreement between the City and Lessee, adding five years to the term of their agreement in exchange for the maintenance of the new public restrooms at Pier 60 Concessions (Phase 1) as well as these improvements (Phase 11). This has provided an annual savings of$62,140 per year. These renovations will not interfere with the operations of the concession stand nor the public restrooms, which will be available to the public during construction. If approved, all renovations will be completed prior to spring break 2013. 5. Police 5.1 Approve an agreement between the City of Clearwater, referred to as the Licensor, and the United States Coast Guard Auxiliary Flotilla 11-1, referred to as the Licensee, to utilize space located at 645 Pierce Street on an intermittent Council 11/13/2012 6 basis for the period January 1, 2013 through December 31, 2013, and authorize the appropriate officials to execute same. (consent) During 2012, the Licensor and Licensee entered into a contractual agreement for the Licensee to intermittently utilize space located at 645 Pierce Street. Due to a delay in the completion of the Licensee's new headquarters/training location at Sand Key Park, Licensee requests the use of the space located at 645 Pierce Street on an intermittent basis, as outlined on Page 2 of the Agreement, during calendar year 2013. The Agreement defines the scope of responsibilities of the Parties concerning the use of the Clearwater Police Department District II Line-up Room (Premises), located at 645 Pierce Street, Clearwater, Florida. The City of Clearwater will be granting to Licensee a license to occupy and use the Premises, subject to all the terms and conditions stated or referenced in the Agreement to include available parking areas. All activities of the Parties under the Agreement will be carried out in accordance with the terms and conditions outlined in the document. The Agreement will remain in effect during the 2013 calendar year while the Licensee is conducting its monthly meetings and the public education programs listed in paragraph 5.0 of the Agreement and may be amended or modified by the mutual written consent of the Parties' authorized representatives. The Clearwater Police Department shall, at all times, have priority use of the Premises for its own needs and may cancel any meeting or program referred to in paragraph 5.0 due to an emergency necessitating the use of the Premises. The Agreement may be terminated at any time, upon thirty days written notification, by either party. There are no costs/fees associated with the use of the Premises by the Licensee. 6. Solid Waste/General Support Services 6.1 Award a Contract (Blanket Purchase Order) for $550,000 to Harris Corporation of Lynchburg, VA for quarterly payments during the period November 1, 2012 through October 31, 2014 toward the 20-Year Maintenance Agreement for the City's radio system approved by Council on June 20, 2002 and authorize the appropriate officials to execute same. (consent) Council 11/13/2012 7 This public/private partnership contract provides for maintenance of the Clearwater Radio System plus the two towers and facilities. The quarterly payments are made per the 20-year contract approved by Council in 2002. This Blanket Purchase Order covers the 13th and 14th year of the contract. Any revenue due to the City from the leased space on the two towers since the contract went into effect is deducted from the payment. The Harris Corporation purchased M/A-COM Systems in 2009 and assumed responsibility for all contracts. 7. Engineering 7.1 Approve Change Order 1 to Rowland Inc, in the amount of$445,000.00 for emergency repairs of the sanitary sewer, stormwater sewer, and repairs at the City's Water Reclamation Facilities; approve Change Order 1 to Williams Testing, LLC in the amount of$206,000 for the Trenchless Repair of the Sanitary Sewer Collection System; and authorize the appropriate officials to execute same. (consent) The City has initiated a comprehensive maintenance program to clean, inspect, rehabilitate and repair existing sanitary sewer pipelines and manholes throughout the City of Clearwater. The program objective is to maintain the integrity of the sanitary sewer system and minimize disruptions in service to our citizens. April 15, 2010, the Clearwater City Council awarded contracts to Rowland, Inc, for the Sanitary Sewer Emergency Repair per Bid 09-0047-UT in the amount of $600,000 and to Williams Testing, LLC in the amount of$406,000 for the Trenchless Rehabilitation in the same Bid with two one-year extensions, when agreed by both parties. Work under the Sanitary Sewer and Force Main Emergency Repair Contract includes any repairs in the City's wastewater collection system that are deemed an emergency or critical and not identified in other contracts. Change Order 1 Rowland will add $295,000 to perform sanitary sewer emergency work, $100,000 to perform emergency work at the Water Reclamation Facilities, and $50,000 to perform stormwater sewer emergency work with a new contract value of $1,045,000. The work under the Trenchless Rehabilitation includes lining of selected sewer pipeline to rebuild the pipe's structural integrity according to City Standard Council 11/13/2012 8 Specifications, limiting inflow and infiltration. Change Order 1 to Williams Testing LLC will add $206,000 to perform this work with a new contract value of$612,000. The funding in both contracts is fully expended. Both contractors have performed excellent work for the City and agreed to hold their competitive pricing to continue the work with the City. The City Utilities staff will coordinate with in-house crew progress and direct the contractor, on an ongoing basis, to those areas as needed to meet program goals. Sufficient budget and revenue are available in 0327-96665, Sanitary Sewer R and R in the amount of$501,000.00; 0315-96664, WPC R and R in the amount of $100,000.00; and 0315-96182, Stormwater Maintenance R and R in the amount of$50,000.00 for total funding in the amount of$651,000.00. In response to a question, Engineering Manager Rob Fahey said staff can respond to small daily repairs. Rowland would be required to respond immediately. 8. Planning 8.1 Approve the Annexation, Initial Land Use Plan Designation of Commercial General (CG) and Initial Zoning Atlas Designation of Commercial (C) District for 1990 Sunset Point (consisting of a portion of the southeast 1/4 of northwest 1/4 of Section 1 north, Township 29 south, Range 15 east) and pass Ordinances 8365-12, 8366-12 and 8367-12 on first reading. ANX2012-09005 This voluntary annexation petition involves a 0.784-acre property consisting of one parcel of land occupied by an automobile service station. It is located on the northwest corner of Sunset Point Road and Hercules Avenue. The applicant is requesting this annexation in order to receive sanitary sewer and solid waste service from the City. The Planning and Development Department is requesting that the 0.042-acres of abutting Sunset Point right-of-way not currently within the city limits also be annexed. The property is surrounded on all sides by city boundaries. It is proposed that the property be assigned a Future Land Use Plan designation of Commercial General (CG) and a zoning category of Commercial (C). The Planning and Development Department determined that the proposed annexation is consistent with the provisions of Community Development Code Section 4- 604.E as follows: The property currently receives water service from Pinellas County. The closest sanitary sewer line is located approximately 200 ft. south of Council 11/13/2012 9 North Barrington Drive, in the North Hercules Avenue right-of-way. The applicant is aware of the City's sewer impact and assessment fees and 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 has adequate capacity to serve this property with sanitary sewer, solid waste, police, fire and EMS service. The proposed annexation will not have an adverse effect on public facilities and their levels of service; and the proposed annexation is consistent with and promotes the following 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 CG Future Land Use Plan category is consistent with the current Countywide Plan designation of this property. This designation primarily permits commercial uses at an intensity of 0.55 FAR. The proposed zoning district to be assigned to the property is the Commercial (C) District. The use of the subject property is consistent with the uses allowed in the District and the property exceeds the District's minimum dimensional requirements for this use. 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 in all directions; therefore, the annexation is consistent with Florida Statutes Chapter 171.044. In response to questions, Planning and Development Director Michael Delk said staff anticipates the site will be redeveloped and require an environmental assessment. Assistant City Manager Jill Silverboard said the City would be required to pay for the environmental cleanup if the City acquired the property. 9. Legal 9.1 Request for authority to institute a civil action on behalf of the City against Suncoast Development of Pinellas County, Inc., to recover $1,658.99 for Council 11/13/2012 10 damages to City property. (consent) On October 20, 2009, employees of Suncoast Development of Pinellas County, Inc., while using a backhoe, punctured a City gas line at the intersection of Flamingo and Fairfold Drives, New Port Richey, Florida. Repairs to the gas line totaled $1,658.99. Attempts to resolve the matter with Suncoast Development of Pinellas County, Inc., have been unsuccessful. The costs relative to each of these actions will include a $300.00 filing fee and fees for service of process of approximately $65.00. 10. City Manager Verbal Reports 10.1 Capitol Theatre Assistant City Manager Rod Irwin reviewed Ruth Eckerd Hall's (REH) consideration for a balcony area; staff has not received a formal request from REH. REH sees this as an opportunity to use outdoor space for events. In response to questions, Planning Director Michael Delk said a code amendment would be necessary to allow this type of structure. This amendment can be worded as to only allow this for Capitol Theater. Concerns were expressed with support columns/pillars and that REH was coming to the City at a late stage in the process with design changes. Parks and Recreation Director Kevin Dunbar said the balcony area provides more gathering space during intermission, pre and post events. Mr. Irwin said he is meeting with REH later that day to review fundraising efforts. 11. Council Discussion Items 11.1 Recommend renaming the Courtney Campbell Scenic Highway to Courtney Campbell Trail and adopt Resolution 12-23. - Councilmember Jonson Councilmember Bill Jonson requested consideration to adopt a resolution supporting the renaming of the Courtney Campbell Scenic Highway to Courtney Campbell Trail. 11.2 City Manager and City Attorney Increases Council 11/13/2012 11 Human Resources Director Joe Roseto reviewed comparative information from surrounding cities and counties as well as other municipalities that are the same size as Clearwater. He said the last increase these employees received was 3.9% in 2007. He said that if the City were to recruit to replace either of these positions, the City would pay a higher salary than what these employees are currently receiving. Discussion ensued regarding the amount of increase the two employees should receive. Staff was instructed to provide Council with the cost of living comparison between the City of Miami Gardens and the City of Clearwater. There was consensus to provide between a 6% - 8% salary increase. 12. Closing Comments by Mayor— None. 13. Adjourn The meeting was adjourned at 4:17 p.m. Council 11/13/2012 12