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03/18/2013 WORK SESSION MEETING MINUTES CITY OF CLEARWATER March 18, 2013 Present: Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Doreen Hock-DiPolito (Departed 2:36 p.m.), 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 listed 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. It was stated that Councilmember Doreen Hock-DiPolito would be leaving the work session early to attend the Advisory Committee for Pinellas Transportation meeting. 1. Presentations 1.1 Service Awards Four service awards were presented to city employees. The February 2013 Employee of the Month award was presented to Shaun Beasley, Parks and Recreation. The February 2013 Team of the Month award was to Harold Sanders and Eddie Marry, Solid Waste. The Council recessed from 1:11 p.m. to 1:30 p.m. to meet as the Community Redevelopment Agency and the Pension Trustees. 1.2 Police Recruits Swearing In The City Clerk administered the Oath of Office to Jeremy Fletcher, Curvan Daniel, Christopher Marscher, and Scott Steven Penna. 2. Office of Management and Budget 2.1 Amend the City's fiscal year 2012/13 Operating and Capital Improvement Budgets at first quarter and pass Ordinances 8387-13 and 8388-13 on first Work Session 2013-03-18 1 reading. The fiscal year 2012/13 Operating and Capital Improvement Budgets were adopted in September 2012 by Ordinances 8356-12 and 8357-12. Section 2.521 of the City's Code of Ordinances requires the City Manager to prepare a quarterly report detailing income, expenditure estimates, collections, the explanation of significant variances, as well as the financial status of all capital improvement projects. The memorandum and the accompanying report provide this information and outline the issues at first quarter that require amendment. Budget Director Tina Wilson said the major reason for the overall General Fund expenditure increase is due to the increase of$738,290 in major medical insurance across all departments to fund the self insurance program for health insurance and the Cigna contract for plan administration for the calendar year 2013. This increase is offset by an allocation of Central Insurance Fund reserves. Appropriations of General Fund retained earnings total $510,050 at first quarter which include the following: $200,000 for Pier 60 Park Repair and Improvements and $250,000 for Natural Gas Vehicles, $18,450 to fund the wage increases for the City Manager and City Attorney, $14,000 for landscape improvements at Island Way, $5,600 for an increase in funding to the Homeless Leadership Board, and $22,000 to fund the increase for the new federal lobbyist contract; all of which were previously approved by Council. At first quarter, general fund revenue amendments reflect an increase of$400,000 and Police program expenditures reflect an increase of$181,760 to establish the red light program, which includes the funding of a previously approved part-time position and related contractual service costs. First quarter budget amendments to the Garage Fund reflect a net increase of $103,082. Amendments include an allocation of Garage Fund reserves for $79,225 to fund the purchase of a replacement generator for Bright House Field as previously approved by Council. Major medical insurance is increased by $23,857 to fund the 2013 Cigna contract with offsetting revenues from the Central Insurance Fund. Staff was directed to provide the current balance for the parking fund. 2.2 Provide direction for the final budget public hearing dates in September for the adoption of the 2013/14 Annual Operating and Capital Improvement Budget. (WSO) In response to a suggestion, the City Clerk said the budget hearing may not be scheduled before 6:00 p.m. Work Session 2013-03-18 2 There was consensus to schedule a work session on September 3, 2013 at 3:00 p.m. and a special budget hearing following the work session at 6:00 p.m. 3. Financial Services 3.1 Approve the purchase of property insurance policies from April 1, 2013 through April 1, 2014, at the level of insurance listed, at an amount not to exceed $2,011,238, and authorize the appropriate officials to execute same. (consent) The Risk Management Division of the Finance Department requested Arthur J. Gallagher and Co. (Florida) to obtain quotes for the property insurance program expiring April 1, 2013. Per the quotes obtained, Risk Management is recommending that the City maintain its current coverage of$50 million wind limit with a $50 million/$30 million Flood sub-limit to (depending on property location). The self-insured retention would remain at $100,000 per occurrence, with a 5% or $500,000 SIR (whichever is greater) for named storms. Risk Management is recommending the City maintain the stand-alone policy through Zurich that it obtained last year to insure City-owned bridges. This program would continue to incorporate a self-insured retention of$100,000 per occurrence, with a $500,000 SIR for named storms, and provide the City with an additional $47 million of aggregate windstorm/flood/terrorism capacity for the City's program. When this stand-alone policy was initiated last year, it resulted in a 60% reduction from the 2011-2012 rate and provided a three-year rate guarantee. Additionally, Risk Management recommends that the City renew its Equipment Breakdown policy with Travelers. Last year the City saw a 10.2% decrease from the 2011-2012 rate. This year's rate is essentially unchanged from last year's decreased rate. With the $50 million wind limit, the total premium is estimated at $1,911,238, which represents an increase of approximately $40,492, or 2%, over the prior year. The agenda item also includes a $100,000 contingency for additional insurance needs during the coming year. Risk Management believes that should the coverage as recommended be placed, the City's property risks are covered at levels and rates which, when taken together as a whole, represent a reasonable insurance program for the City. In response to a question, Risk Manager Linda Klasing said staff received a revised rate; staff recommends pursuing the $60 million wind limit. The additional coverage will not exceed $2,134,056. Staff was directed to amend the agenda and take Item 3.1 off the Consent Agenda. Work Session 2013-03-18 3 3.2 Confirm a Property claim made by the Phillies not to exceed $109,000 and authorize the appropriate officials to execute same. (consent) On June 24, 2012, the Brighthouse Stadium complex suffered wind damage and flooding of the field and bottom floor of the Phillies complex. The Phillies' personal property suffered flood and wind damage. The amount claimed represents reimbursement to the Phillies for those items damaged. The Risk Management Division/Finance Department is seeking confirmation of a settlement not to exceed $109,000. The City's Risk Management Division and Claims Committee recommend this confirmation. Funding for the payment of this settlement is available in the budget for claims expense in the Central Insurance Fund. 4. Marine and Aviation 4.1 Approve transferring $100,000 from the Special Program Fund to Pier 60 Capital Improvement project 315-93417, Pier 60 Refurbishment, to purchase new benches, trash receptacles, fish cleaning tables, LED lights, storage containers and underwater lights. (consent) On December 20, 2012, the City Council approved the contract by Construction Manager at Risk Biltmore Construction Co., Inc. of Belleair, for the refurbishment of Pier 60, which included all labor and materials to complete concrete deck and support repairs, railing replacement and installation of a catwalk for the bait house at a cost of$498,096.00. The bid came in high and there were insufficient funds to purchase new benches, trash receptacles, fish cleaning tables, LED lights, storage containers and underwater lights. An additional $100,000 is needed to increase capital project 315-93417, Pier 60 Refurbishment to provide funds for these amenities. A mid-year budget amendment will transfer$100,000 from the Special Program Fund to provide funding for these items. 5. Public Utilities 5.1 Ratify and confirm additional contract work by GML Coatings of Lakewood Ranch, FL, for additional sandblastinq and coating of interior pipes in the 5 million gallon storage tank at Water Treatment Plant 3, which increases the contract amount by $36,525.00 for a new total contract amount of$158,215.00. consent In March of 2008, Underwater Solutions (UWS) conducted an inspection and cleaning of the East 5-million gallon concrete water storage tank at water Work Session 2013-03-18 4 treatment plant 3. The purpose of this cleaning and inspection was to meet a 5- year regulatory requirement and to provide information regarding the overall condition and integrity of this structure. The opinion of UWS was that the storage tank appeared generally sound and without leakage. The following item is noted as a recommendation made by UWS: The baffle wall surface should be coated using an A.N.S.I / N.S.F.61 approved coating for use in structures containing potable water. It was also noted that the wall was coated with a non-uniform protective coating having good adhesion value. Based upon the recommendation of UWS, Public Utilities moved to address the issue by creating a capital improvement project for the Fiscal Year 2012-2013. GML Coatings was chosen as the vendor for this project based on the quality of their coating and that they have performed similar coatings on other water treatment structures for the City. On December 6, 2012, Council approved funds in the amount of$121,690.00 for the repair of the concrete baffle wall and the application of a liner to the baffle wall in the 5 million gallon storage tank at Water Treatment Plant 3, performed by GML Coatings. GML was scheduled to begin work on January 28, 2013. The work to be performed consisted of pressure washing the baffle wall and recoating. The work was expected to last between 2 to 3 weeks. While pressure washing the wall, GML noted that the old non-uniform coating was not being removed effectively by pressure washing and would need to be removed by sandblasting. Concurrently, City Water Supply staff was conducting a cleaning and tank inspection and noted a large amount of corrosion on metal pipes that transmit water within the structure. This corrosion was also noted in the 2008 report from UWS, but was not recommended as an item for repair. Upon inspection, it appears that the corrosion is getting worse and should be addressed and incorporated into the baffle wall coating. GML was asked to provide a quote for the additional sand blasting and coating of interior pipes. The additional, necessary contract work includes: sandblasting price to remove the lining from both sides of the baffle wall surface area (approximately 9,916 sq. ft.), taking into account that GML Coatings' equipment is already on site, and coating all pipes that are parallel to the top of the baffle wall and below. The increase in costs is for the following: additional materials, fuel, and labor. Work Session 2013-03-18 5 Sufficient budget and funding is available in Utility R and R revenue in 0327- 96721, System R and R to fund this project. 6. Engineering 6.1 Award a contract to Steve's Excavating and Paving, Dunedin, Florida, in the amount of$179,410.00 for the 2013 Stormwater Repairs (12-0040-EN) and authorize the appropriate officials to execute same. (consent) Four locations have been identified for the 2013 Stormwater Repair Contract as follows: Rehabilitate a total of approximately 1470 linear feet of existing stormwater conveyance swales at two locations; Landmark Woods of Countryside and Eagles Landing. An existing corrugated metal pipe located at Spring Lake South is deteriorated and in need of replacement. This degradation has caused erosion and structural impacts to the adjacent seawall. In additions to the replacement of the failing pipe, a secondary seawall cap will be constructed to rehabilitate the structure of the seawall. An abandoned 12-inch reinforced concrete stormwater pipe located on Skyview Avenue will be grouted to preserve the structural integrity of the roadway surface.Steve's Excavating and Paving is the lowest responsible bidder. There were two other bidders. The City of Clearwater's Stormwater Maintenance Division is responsible for operating, inspecting, and maintaining the storm systems. The repairs listed in this contract will improve the stormwater capacity, reduce flooding and erosion concerns of our citizens, reduce the frequency of maintenance requests, and provide the appropriate structural integrity of our infrastructure. Sufficient funding is available in Capital Improvement Program project 0315-96124, Storm Pipe System Improvements. 6.2 Approve Engineer of Record (EOR) design Work Order to Interflow Engineering, Inc., of Tampa, FL, in the amount of$285,098; approve a Cooperative Funding Agreement with Southwest Florida Water Management District (SWFWMD), in the amount of$550,000 for design of Magnolia Drive Outfall Storm Drainage and Water Quality Improvements project (12-0023-EM and authorize the appropriate officials to execute same. (consent) The Magnolia Drive Outfall Storm Drainage and Water Quality Improvements project will provide a new and larger outfall for approximately 45 acres. The Work Session 2013-03-18 6 project begins at South Ft. Harrison Avenue near Druid Road and outfalls at the west end of Magnolia Street at the seawall. Construction of this project includes installation of approximately 5,230 LF of pipe of various sizes, 45 curb inlets and 20 manholes. This project will also include installation of a stormwater treatment device to collect pollutants and improve the quality of water discharging into Clearwater Harbor. The project will be cooperatively funded by SWFWMD at 50 percent of design and construction cost up to a maximum of$550,000. The project also includes replacement of 1,540 LF of sanitary sewer main. This portion of the project is not cooperatively funded by the SFWMD. The project also includes design and replacement of a deteriorating flume, approximately 100 LF long, located in Forest Run Park. This portion of the project is not cooperatively funded by the SWFWMD. Midyear amendments will establish Capital improvement Program (CIP) project 0315-96184, Magnolia Drive Outfall with SWFWMD budget only in the amount of $550,000 and transfer $550,000 from CIP 0315-96170, Coastal Basins Project, to match the grant, which provides $263,078 for the Magnolia Dr portion of the design work order. Sufficient funding in the amounts of$10,023 is available in CIP 0315-96124, Storm Pipe System Improvement to fund Forest Run Park Flume and $11,997 in 0327-96634, Sanitary Utility Relocation Accommodation, to fund the Gravity Sanitary Sewer Main Replacement for funding of the work order in the amount of 285,098 and total project funding of Magnolia Dr Outfall in the amount of $1,100,000. 6.3 Award a contract to Southeast Drilling Services, Inc. of Tampa, Florida for the construction of the Treatment Plant 2 Contract 1: Remote Well Facilities Expansion Project in the amount of$2,335,845.60, which is the lowest responsible bid in accordance with plans and specifications; and authorize the appropriate officials to execute same. (consent) The City of Clearwater currently operates one Reverse Osmosis (RO) Water Treatment Plant and is preparing to build a second RO plant located at 21133 N. US Hwy 19 within the City of Clearwater. Work Session 2013-03-18 7 A cooperative funding agreement (CFA) between the Southwest Florida Water Management District (SWFWMD) and the City of Clearwater provides for the design, permitting and construction of a brackish reverse osmosis (RO) facility at Water Treatment Plant (WTP) 2. SWFWMD and the City of Clearwater both anticipate that the total cost of the project will be $30,433,780, and SWFWMD will reimburse up to 50% of all costs associated with this project (up to and not to exceed $15,216,890.). There is no cost to the City associated with the SWFWMD Agreement. This project is one of many components that are being completed for the City to construct the second RO plant at WTP 2. One component was approved by the City Council, and the other components are out for bid and will be brought forward at future City Council meetings. The Work to be completed is construction of the pumping and controls equipment for twelve new brackish well facilities and replacement of four remote fresh well facilities at various locations throughout the City. The well drilling contract for these wells were bid and awarded previously to Southeast Drilling Services, Inc. at the December 6, 2012 Council meeting. The City is utilizing Owner's Direct Purchase (ODP) option for selected equipment, and the tax savings is estimated at $20,468.The contract period for construction is 365 consecutive calendar days estimated to start in May 2013 and finish in May 2014.The Public Utilities Department shall own and maintain the proposed improvements included in this contract. Resolution 12-12 was passed on November 1, 2012, establishing the City's intent to reimburse certain Water and Sewer Utility project costs incurred with future tax- exempt financing. The projects identified with 2014 revenue bonds as a funding source were included in the project list associated with Resolution 12-12.A midyear amendment will increase budget only by SWFWMD funding in the amount of$1,167,922.80 in Capital Improvement Program project 0315-96767, Reverse Osmosis Plant at Reservoir 2.Sufficient budget for interim financing or funding with 2014 Water and Sewer Revenue Bonds will be available when issued in the amount of$1,167,922.80 in 0381-96767, Reverse Osmosis Plant at Reservoir 2 for total in the amount of$2,335,845.60. 6.4 Award a contract to Young's Communications, Inc. of Melbourne, Florida, for the construction of Treatment Plant 2 Contract 2: Raw Water Transmission Main US19 Crossing Project in the amount of$934,611.70, which is the lowest responsible bid in accordance with plans and specifications; and authorize the appropriate officials to execute same. (consent) Work Session 2013-03-18 8 The City of Clearwater currently operates one Reverse Osmosis (RO) Water Treatment Plant, and is preparing to build a second RO plant located at 21133 N. US Hwy 19 within the City of Clearwater. A cooperative funding agreement (CFA) between the Southwest Florida Water Management District (SWFWMD) and the City of Clearwater provides for the design, permitting and construction of a brackish reverse osmosis (RO) facility at Water Treatment Plant (WTP) 2. SWFWMD and the City of Clearwater both anticipate that the total cost of the project will be $30,433,780, and SWFWMD will reimburse up to 50% of all costs associated with this project (up to and not to exceed $15,216,890.). There is no cost to the City associated with the SWFWMD Agreement. This project is one of many components that are being completed for the City to construct the second RO plant at WTP 2. One component was approved by the City Council, and the other components are out for bid and will be brought forward at future City Council meetings. The subject contract is for the construction of the raw water supply system from US 19 to the water treatment plant site. It includes approximately 2,000 linear feet of 8-inch raw water transmission main piping; 2,000 linear feet of 12-inch raw water transmission main piping; 3,700 linear feet of 8-inch concentrate water piping; 3,600 linear feet of 6-inch backwash water piping; 900 linear feet of 6-inch sanitary force main piping; and 3,600 linear feet of 3-inch communication conduit piping. In addition, the contractor will perform modifications to the existing city potable water system associated with the new raw water transmission mains. The contract period for construction is 270 consecutive calendar days estimated to start in May 2013 and finish in January 2014.The Public Utilities Department shall own and maintain the proposed improvements included in this contract. Resolution 12-12 was passed on November 1, 2012, establishing the City's intent to reimburse certain Water and Sewer Utility project costs incurred with future tax- exempt financing. The projects identified with 2014 revenue bonds as a funding source were included in the project list associated with Resolution 12-12.A midyear amendment will increase budget only for SWFWMD grant funding in the amount of$467,305.85 Capital Improvement Program project 0315-96767, Reverse Osmosis Plant at Reservoir. Sufficient budget for interim financing or funding with 2014 Water and Sewer Revenue Bonds will be available when issued in the amount of$467,305.85 in 0381-96767, Reverse Osmosis Plant at Reservoir 2. Work Session 2013-03-18 9 7. Planning 7.1 Approve the Annexation of a portion of the road right-of-way located at the intersection of Sunset Point Road and Hercules Avenue (consisting of a portion of Section 1, Township 29 South, Range 15 East, abutting real property whose post office address is 1990 Sunset Point Road); and pass Ordinances 8374-13, 8384-13, and 8385-13 on first reading. (ANX2012-12006) This annexation petition involves 0.042 acres of a portion of the right-of-way located on the northwest corner of the intersection of Sunset Point Road and Hercules Avenue. The City of Clearwater is requesting this annexation in order to ensure that the entire right-of-way at this intersection is within the city's jurisdiction. The property is contiguous to existing City boundaries to the north, south, east, and west. It is proposed that the property be assigned a Future Land Use Map designation of Commercial General (CG) and a Zoning Atlas designation 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 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. The proposed annexation is 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, south, east and west; therefore the annexation is consistent with Florida Statutes Chapter 171.044. In response to a question, Planner Lauren Matzke said the right-of-way being annexed belongs to Pinellas County. 7.2 Approve the Annexation, Initial Land Use Plan Designation of Residential Low Work Session 2013-03-18 10 (RL) and Initial Zoninq Atlas Designation of Low Medium Density Residential (LMDR) District for 1705 Evans Drive (Lots 28 and 29, Block 6, Virginia Grove Terrace Fourth Addition in Section 5, Township 29 South, Range 16 East); and pass Ordinances 8376-13, 8377-13 and 8378-13 on first reading. (ANX2013- 01001) This voluntary annexation petition involves a 0.386-acre property consisting of one parcel of land occupied by a single-family dwelling. It is located on the east side of Evans Drive, approximately 151 feet north of SR 590. The applicant is requesting this annexation in order to receive sanitary sewer and solid waste service from the City. The property is located within an enclave and is contiguous to existing city boundaries to the north and west. It is proposed that the property be assigned a Future Land Use Plan designation of Residential Low (RL) and a zoning category of Low Medium Density Residential (LMDR). The Planning 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 in the adjacent Evans Drive right-of-way. The applicant has not paid the City's sewer impact and assessment fees and is aware of the additional costs to extend city sewer service to this property. Collection of solid waste will be provided by the City of Clearwater. The property is located within Police District 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. Work Session 2013-03-18 11 Policy A.7.2.3 Continue to process voluntary annexations for single-family residential properties upon request. The proposed RL Future Land Use Plan category is consistent with the current Countywide Plan designation of this property. This designation primarily permits residential uses at a density of five units per acre. The proposed zoning district to be assigned to the property is the Low Medium Density Residential (LMDR) District. The use of the subject property is consistent with the uses allowed in the District and the property exceeds the District's minimum dimensional requirements. The proposed annexation is therefore consistent with the Countywide Plan and the City's Comprehensive Plan and Community Development Code; and the property proposed for annexation is contiguous to existing City boundaries to the north and west; therefore the annexation is consistent with Florida Statutes Chapter 171.044. 7.3 Approve the annexation, initial Future Land Use Map designation of Residential Urban (RU) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1200 Aloha Lane (Lot 1, Block 3, Sunset Knoll in Section 3, Township 29 South, Range 15 East) together with the abutting right- of-way of Douglas Avenue; and pass Ordinances 8379-13, 8380-13 and 8381-13 on first reading. (ANX2012-12007) This voluntary annexation petition involves a 0.164-acre property consisting of one parcel of land occupied by a single-family dwelling. It is located on the northeast corner of Aloha Lane and Douglas Avenue. The applicant is requesting this annexation in order to receive solid waste service from the City, and will connect to city sewer when it is available in the future, as part of the City's Idlewild/The Mall Septic-to-Sewer Project. The Planning and Development Department is requesting that the 0.083-acres of abutting Douglas Avenue right- of-way not currently within the city limits also be annexed. The property is contiguous to existing City boundaries to the north and west. It is proposed that the property be assigned a Future Land Use Map designation of Residential Urban (RU) and a Zoning Atlas designation of Low Medium Density Residential (LMDR). The Planning and Development Department determined that the proposed annexation is consistent with the provisions of Clearwater Community Development Code Section 4-604.E as follows: The property currently receives water service from the City. Collection of solid waste service will be provided to the property by the City. The applicant will connect to the city's sanitary sewer service when it is available, and is aware of the fee that must be paid in order to connect and the financial incentives available. Work Session 2013-03-18 12 The property is located within Police District 11 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 51 located at 1720 Overbrook Avenue. 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. Policy A.7.2.3 Continue to process voluntary annexations for single-family residential properties upon request. The proposed Residential Urban (RU) Future Land Use Map category is consistent with the current Countywide Plan designation of this property. This designation primarily permits residential uses at a density of 7.5 units per acre. The proposed zoning district to be assigned to the property is the Low Medium Density Residential (LMDR) District. The use of the subject property is consistent with the uses allowed in the district and the property exceeds the district's minimum dimensional requirements. The proposed annexation is therefore consistent with the Countywide Plan and the City's Comprehensive Plan and Community Development Code; and The property proposed for annexation is contiguous to existing City boundaries to the north and west; therefore, the annexation is consistent with Florida Statutes Chapter 171.044. 7.4 Provide City Council the Business Task Force's recommendation regarding a revised Development Agreement review process. At City Council's direction, the Planning and Development Department and City Attorney's office met with the Executive Committee of the Business Task Force on March 1, 2013 to discuss options for a revised Development Agreement process. Option 1 Work Session 2013-03-18 13 The Business Task Force is recommending that the process and requirements be revised to start with the applicant submitting a development agreement and a conceptual plan to City Council for approval. A conceptual plan would only include the building footprint and information regarding building height, density and number of rooms to be requested for the hotel density reserve (if applicable). If approved by City Council the applicant would then go through the site plan approval process. It is proposed that the City Council would have no role after the site plan process unless the terms of the Development Agreement need be revised. City Council approval would be at the first public hearing with the conceptual plan and the final site plan would be contingent upon the Community Development Board (or staff's) final approval. The City Attorney's office has concerns with this option as it is unclear if having the Board/Staff issue final approval would fulfill the intent of Florida Statues. Option 2 If the above option is not acceptable, the Business Task Force would ask Council to consider revising the Code to provide the applicant with the option to present a conceptual plan that shows the building footprint, height, density and rooms to be requested from the hotel density reserve, along with the development agreement prior to submitting plans to the Community Development Board. The Council would vote to authorize the applicant to start the CDB process. Once the site plan is approved by staff/CDB, the Council would retain its discretion to approve or reject the development agreement at the end of the process (final public hearing). This modified process would give the applicant an indication of Council's support at the beginning of the process; however, it would not be binding upon final review. Option 3 If Council is interested in a process that would allow for a conceptual site plan to be submitted before a final one is prepared such as discussed in the first paragraph above, staff would recommend that the process start with the applicant submitting the development agreement and conceptual plan to the Community Development Board (first public hearing) and then submit to City Council (final public hearing) which would be approved by resolution contingent upon a final site plan approved by the Community Development Board/Staff as required by Code. In response to questions, Assistant City Attorney Leslie Dougall-Sides said the Business Task Force Executive Committee reviewed several examples. The City of Key West uses a receipt and referral process; the local governing body would receive the application, which is referred to staff in order to negotiate the development agreement with the developer before returning to the local governing body for the final approval. Ms. Dougall-Sides said the city of Dunedin uses a similar process. Work Session 2013-03-18 14 Business Task Force Executive Committee Chair Brian Aungst, Jr. reviewed Option 1 and said the major concern raised by the Committee is the upfront cost for full site plans, engineering and architectural plan requirements. Option 1 backloads the most expensive portion of the plan requirements; staff can determine if the engineering is up to code. Option 1 addresses the Committee's concern. The City Attorney said Council only reviews the level 3 approvals, projects requiring a development agreement. Development agreements typically allow for a longer term of approval; on the Beach it is typically used for density units. Staff was directed to provide information regarding Pinellas County's development agreement process. 7.5 Update regarding enforcement of the City's new sidewalk provisions adopted on August 16, 2012. (WSO) City Council approved Ordinance 8343-12, which allowed sidewalk signs for all primary permitted retail and restaurant uses 42 in. in height and 24 in. in width provided certain locational and design criteria were met and a permit obtained. When the ordinance was passed, City Council directed the Planning and Development Department to provide City Council an update on compliance with the new provisions. Code Compliance staff started enforcement efforts on Clearwater Beach, the Downtown District and then Ft. Harrison and Gulf to Bay by walking door-to-door and educating businesses on the new provisions. They provided informational materials and issued courtesy notices. Door to door education became extremely time consuming and failed to bring about the desired results so the usual method of code compliance began for the remainder of the city. As of January 28, 20137 53 code compliance cases had been opened. Of those, seven properties came into compliance after a courtesy notice was issued and seven were resolved after a Notice of Violation was issued; the remainder are in various stages of the enforcement process. To date, a total of 12 permits for sidewalk signs have been issued. Approximately half of those were a result of door to door contact while four were the result of code enforcement action (notice of violation). Staff has encountered a variety of responses from business owners. Some seem happy to have the opportunity to use a sidewalk sign while others have been unhappy with the requirements that have to be met. One of the main complaints has been that the sign has to be two feet from the business building as most want Work Session 2013-03-18 15 to use the sign to attract the driving public. Others have voiced frustrations that they have to buy a new sign. In response to questions, Planning and Development Assistant Director Gina Clayton said there are currently 71 code cases involving sidewalk signs. Sign Inspector Mary Jo Weaver said 30 of the cases have complied by removing the sidewalk signs. The issues on Clearwater Beach have begun since Spring Break. Assistant City Manager Jill Silverboard said code compliance enforcement is ongoing; the process does not have an end. Staff was directed to report status of dog friendly restaurants at a future work session. The Council recessed from 2:59 p.m. to 3:05 p.m. 8. Legal 8.1 Adopt Ordinance 8382-13 on second reading, vacating portions of both Third Avenue North and Fourth Avenue North, both properties lying east of First Street East in Section A, Chautauqua on the Lake as recorded in Plat Book 9, Page 52 of the public records of Pinellas county, Florida contingent upon the city retaining a drainage and utility easement over the vacated portion of Third Avenue North. 8.2 Adopt Ordinance 8386-13 on second reading, imposing a temporary abatement on the operation and use of simulated gaming devices for the use by the public in any premises. 9. City Manager Verbal Reports 9.1 Strategic Visioning - John Streitmatter, Leadership Research Institute, Inc. Consultant John Streitmatter reviewed the draft vision, mission, and strategic direction. The meeting with community business representatives will be on April 29 at the Clearwater Main Library from 5:30 p.m. to 7:30 p.m. Mr. Streitmatter said he is working with staff regarding an online public engagement component for those who are unable to attend the public meeting and scheduling a meeting with the community/neighborhood leaders. In response to questions, Mr. Streitmatter said he will synthesize the feedback received at the public meetings and online engagement into a working draft in order to present Council with a final version. Work Session 2013-03-18 16 Council directed staff to create a fourth box for developing community/neighborhood character in the strategic direction that ties into economic development for further consideration. 9.2 New City Hall The City Manager said Environmental Manager Ed Chesney will be managing the new city hall project. In response to a concern, Mr. Chesney said the Main Library could be reconfigured to accommodate space for council chambers on the first floor and most of the employees currently housed in City Hall would be relocated to the second floor; library staff would be shifted to the third floor. Equity Services and Economic Development and Housing departments could be housed elsewhere. Additional parking spaces and overflow parking spaces would be needed at the library site. Discussion ensued with concerns expressed regarding the limited access a combined City Hall/Library would have on the public. It was also stated that a combined library and city hall facility should not have a common entrance due to the different hours of operation; city hall should be a focal point for the community. The City Manager said the Memorandum of Understanding with the Clearwater Marine Aquarium (CMA) will include the date CMA will need the current City Hall site. Initial conversations indicate that construction may begin in 2015, requiring a temporary city hall location. Assistant City Manager Jill Silverboard said there is no funding budgeted for the new city hall; the line item in Penny for Pinellas was eliminated when the roof and elevators were replaced and energy efficiency upgrades were implemented. It was believed the improvements would provide sufficient time to set funds aside for a new city hall. Mr. Chesney said the new Dunedin City Hall had a $268 per square foot cost; total construction cost was $5.1 million. Engineering Director Mike Quillen said if the new city hall undertakes a design-build effort, the design/permitting process will take one year and eighteen months for constructions. The new city hall would be completed in early 2016. The City Attorney said the CMA has indicated their design process will take twenty-two months. Staff was directed to provide council with location alternatives, to include the city owned parcel across the Municipal Services Building, and funding plan at a future work session. Work Session 2013-03-18 17 10. Council Discussion Items 10.1 100 year celebration - Mayor Cretekos Mayor George N. Cretekos said Council should provide direction regarding how to approach the year-round celebratory activities. The City Manager said council direction regarding extent of city-sponsored activities and proposed budget is needed in order for staff to begin the planning process. Artist Christopher Sills has expressed an interest to create a commemorative painting that could be incorporated into the celebration. Legal Office Administrator Gina DeWitt will be the point of contact for the event. Staff was directed to provide Council with list of proposed ideas and estimated costs at a future work session. It was suggested that staff contact Chamber of Commerce consultant Anita Treiser for assistance. 10.2 Proclamations - Mayor Cretekos Mayor George N. Cretekos requested consideration to amend Council Policy to allow proclamations be issued to religious institutions for a significant anniversary event. Discussion ensued with consensus to amend the policy to read, "The City of Clearwater will consider issuing proclamations from all segments of the community without regard to gender, race, ethnicity or handicap. Proclamations will not be issued to individuals, companies, "for profit" organizations, profit making agencies, political organizations or religious organizations, except for significant anniversary events of 50 years or 100 years The City Clerk said the amendment will be presented to Council at the April 1, 2013 work session. 10.3 Crestlake Park Restrooms - Mayor Cretekos Mayor George N. Cretekos requested consideration to renovate Crest Lake Park, a neighborhood park, into a signature city park. Parks and Recreation Director Kevin Dunbar said there is $1.5 million available in Penny for Pinellas funds for the park renovations; the funding will be available during fiscal years 2017 and 2018. Work Session 2013-03-18 18 Discussion ensued with concerns expressed with time lapse before restroom facilities become available again. It was stated that if restrooms were demolished, a redesigned park should be expedited. In response to questions, Mr. Dunbar said restroom facilities at Del Oro Park and Bayfront Park have been removed. The restrooms at Countryside Community Park were removed and replaced at the Little League fields, which are open only during little league activities. The restrooms facilities at Woodgate Park are closed, but not removed. Mr. Dunbar said the restrooms at Cherry Harris Park are closed, but could open for special events. Community parks or specialized parks attract individuals from farther distances who do not have the opportunity to go home to use restrooms. These restrooms are maintained by the City; staff opens/closes and clean the facilities. Pocket parks attract individuals who live nearby and can return home to use the restroom. Coachman Park does not have restroom facilities; portalets are rented for special events. Community Development Manager Ekaterini Gerakios said the restrooms facilities in Crest Lake Park were closed due to lack of funding for restroom maintenance and increased police resources to address illegal activities. 11. Closing Comments by Mayor— None. 12. Adjourn The meeting adjourned at 5:14 p.m. Work Session 2013-03-18 19