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04/15/2013 CITY COUNCIL WORK SESSION MEETING MINUTES CITY OF CLEARWATER April 15, 2013 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 Two service awards were presented to city employees. 1.2 Annual Financial Report for Fiscal Year 2012. The City's external auditors, Mayer Hoffman McCann P.C., will present the Comprehensive Annual Financial Report (CAFR) and the results of the City's audit for Fiscal Year 2012. One audit adjustment was reported; grant revenues that were received in December for the Republican National Convention. 1.3 Provide information on the development of the City's Post-Disaster Redevelopment Plan (PDRP). (WSO) The City began development of a Post-Disaster Redevelopment Plan (PDRP) in early 2011 when such a plan was required for all coastal communities by Rule 9J- 5 of the Florida Administrative Code. Creation of the PDRP is also required by Policy E.4.1.9 of the City's Comprehensive Plan. Due to Florida's vulnerability to a Work Session 2013-04-15 1 number of regularly occurring natural disasters, particularly hurricanes, the mandate was viewed as another tool to increase resiliency and decrease vulnerability. In June 2011, the Florida Legislature repealed Rule 9J-5 in its entirety, and the requirement for coastal communities to develop a PDRP was not integrated into the remaining provisions in Florida Statutes, Chapter 163. However, the requirement remains in the Comprehensive Plan and development of such a plan will increase the City's ability to successfully recover from a disaster. The purpose of the PDRP is to guide City decision making affecting long-term recovery and redevelopment following a disaster. The Plan addresses five goals: (1) housing and structural repairs; (2) infrastructure and public facility recovery; (3) environmental restoration; (4) economic resumption; and (5) land use and development; and includes a concise set of implementable action plans that aid in achieving these goals. It does not address immediate response and emergency operations, which are already covered by the City's Comprehensive Emergency Management Plan (CEMP). Disaster management is typically viewed as a cycle with the following overlapping phases: (1) pre-disaster planning and emergency management preparedness; (2) emergency response; (3) short-term recovery; and (4) long-term recovery and redevelopment. The PDRP has an implementation role in the pre-disaster phase, but the intent of all the PDRP implementation actions is to improve the community's ability for long-term recovery and redevelopment. The PDRP is one component in the local framework for achieving successful disaster preparedness, response, recovery and redevelopment is one part of a larger suite of guiding documents, including the CEMP, Comprehensive Plan and the countywide Local Mitigation Strategy (LMS). The PDRP is organized into seven chapters: Introduction Local Plans Integration and Capacity Assessment Vulnerability Analysis Issues Plan Goals Public Communication Plan Plan Maintenance and Implementation Work Session 2013-04-15 2 Staff has completed work through Chapter 4 and anticipates completion of the additional three chapters within the next two months. The PDRP is currently scheduled for approval at the June 19 City Council meeting. Planner Catherine Lee provided a PowerPoint presentation. The Council recessed from 1:32 p.m. to 2:12 p.m. to meet as the Pension Trustees. 2. Economic Development and Housing 2.1 Approve request from 1409 Alpine Road, LLC to sell 4 condominium units at $117,000, write-off remainder of HOME loan balance estimated at $401,131.54, and authorize the appropriate officials to execute same. (consent) On May 19, 2006, the City of Clearwater provided a loan to 1409 Alpine Rd., LLC (Alpine) to purchase and renovate four condominium housing units located at 1409 Alpine Road, Clearwater (units 1, 2, 5 and 6). There are a total of 16 units in the condominium complex. The HOME Program funded a loan in the amount of $440,000 which was provided through 1409 Alpine Rd., LLC to purchase, renovate and resell to 4 eligible low to moderate-income families. A breakdown of the original loan shows that $360,000 was used for acquisition; $14,075.92 was used for settlement costs and $65,924.08 for renovation costs. On September 26, 2006, the City modified the original loan to 1409 Alpine Rd., LLC to approve their request for an additional $40,000 for renovation costs. The City also granted another request from Alpine for an additional $11,216 to pay for taxes and other costs. All total, the City provided Alpine $491,216 to purchase and renovate four condominium units for an average cost of$122,804 per unit. An appraisal of a comparable unit (1409 Alpine Rd. Unit 10) at that time showed a sales approach value of$155,000. The loans were deferred for six months with no payment or interest required. After the six-month deferment period, the loan was due and payable for the full amount. After renovations, the units were offered for sale at $154,000. The sales price was later lowered to $129,900 due to a downturn in the housing market. Due to lack of interest from homebuyers and the HOME Program mandate that requires the units to meet occupancy guidelines, it was determined that the project should be altered from a homebuyer project to a rental project and worked with Alpine to try to stabilize the project. In July 2008, Alpine informed the City that two of the units were going to be rented for $800 each per month through the Clearwater Housing Authority Section 8 Program. The remaining two units were later rented for the same amount. Due to problems with maintaining high occupancy levels, Alpine verbally requested the City's approval to sell the four condominium units on October 25, 2012. Prior to approval, the City requested an appraisal of the units and complete financials on all activity from the date of loan approval. It was later noted that Alpine had moved forward with listing all 4 units Work Session 2013-04-15 3 with an asking price of$180,000. The listing price was later lowered to $140,000 and then to $135,000. The highest bid received was $110,000 in which Alpine countered at $120,000 and the buyer agreed. However, due to some repairs, the buyer requested that Alpine pay half of a $6,000 repairs, which results in a net sales price of$117,000. An April 24, 2012 appraisal listed the comparable sales price at $25,000 per unit. The value listed through the income approach was listed at $35,400 per unit. A review of Alpine's annual financial statements from 2007 through 2012 shows that revenues were approximately $25,000 a year with expenses slightly exceeding revenues in some years. In summary, there were insufficient funds for debt service of the city's loan. From the time of loan origination to present, the City has not received any payments on the loan, initiated foreclosure or modified the loan. The HUD-1 Settlement Statement lists a contract sales price of$117,000. Through the sales proceeds, Alpine is requesting that $89,896.46 be provided to the City, $26,830.75 be provided for settlement costs and reimbursements to the managing member of the LLC: Tampa Bay Community Development Corporation (TBCDC). From a total City investment of$491,216 over six years, the City will net only $89,896.46. The property has a land use restrictive covenant that mandates that the property be sold to a homebuyer whose income is less than 80% of area median income. The restrictive agreement will need to be modified to include tenants whose income is less than 80% of area median income. The affordability period on the restrictive covenant runs to Fiscal Year 2021. Through a memo received on March 26, 2013, Alpine is requesting that the City approve the sale of the 4 units and write-off the remaining balance of the loan estimated at $401,131.54. Per City policy, this write-off amount needs City Council approval. As this loan is in default, the City Council has two options to proceed per City policies and HUD regulations: 1) Approve request to sell the 4 units and write-off the HOME loan balance; or2) Accept Deed in Lieu of Foreclosure for 1409 Alpine Road Units 1, 2, 5, and 6. Should Council approve the sale and write-off request, it will establish a precedent for writing off loans in which the value of the property is less than the loan value. Given the downturn in the housing market over the last five years, there are other city loans in this position where the owners may either request a write-off of their negative equity or a short sale. While this option creates exposure for the City's housing programs, it is the most expeditious route to cut the City's losses on a homeownership turned rental project that was not successful and is not likely to be successful in the future. Should the Council accept the Deed in Lieu of Foreclosure, the City would prepare the necessary documents to transfer ownership, provide settlement costs and reimburse TBCDC for their approved investment in the property. Upon transfer, the City would secure the vacant units and evaluate options for improvements. The City would then declare the property surplus, per City Code, and sell the property to the highest responsible bidder. While this option creates the potential for a higher payout, it creates additional financial burdens and risk given the necessary staff time, upfront funding to prepare the property for sale, and uncertainty in the real estate market. After Work Session 2013-04-15 4 careful review of the options, Staff recommends allowing the sale and write-off of the HOME loan. 3. Human Resources 3.1 Approve renewal of the City's Statutory Death Benefits Policy with The Hartford Financial Services Group, providing accidental death and disability coverages for all full-time Law Enforcement Officers, Firefighters, and applicable Administrators, for the two-year period retroactive to October 1, 2012 and continuing through September 30, 2014, at a cost of$21,818, pre-paid for the two-year period. (consent) The City's policy with The Hartford to provide statutorily required accidental death and disability benefits to sworn Police and Fire personnel expired on September 30, 2012. The City's Agent of Record, the Gehring Group, obtained a renewal quote from The Hartford for a two-year premium rate of$21,818 on a pre-paid basis, an increase of 6.8% from the prior two-year renewal with Hartford. Two other providers were contacted; AIG declined to submit a quote and Chubb provided a quote that was not competitive. This policy is effective retroactively for the two-year period from October 1, 2012 through September 30, 2014, provides for a discounted rate guaranteed for two years, with no annual renewal application requirement and the ability to cancel the policy at any time with no penalty. Funds are available from a pre-paid account in the City's Central Insurance Fund. 4. Marine and Aviation 4.1 Authorize the execution of Supplemental Joint Participation Agreement (JPA) Number 1 between the City of Clearwater and the State of Florida Department of Transportation (FDOT); approve transferring $6,215.16 from Airpark Retained Earnings to cover the City 20% match for Airpark improvements, and adopt Resolution 13-07. On April 2, 2009, the City Council approved a contract with FDOT to provide $166,799.00 in funding at 100% to install new security fencing, cameras, digital recorders, card readers, and signage at the Clearwater Airpark. There is $24,860.66 left in the agreement and FDOT has agreed to allow the funds to be used for remaining Airpark improvements, if the City provides $6,215.16 as a 20% match. This will bring the agreement total up to $173,014.16. FDOT will provide $24,860.66 (80%) reimbursable funding and the City will pay $6,215.16 (20%) of project costs from Airpark retained earnings. Work Session 2013-04-15 5 Upon execution of the JPA, a mid-year amendment will transfer $6,215.16 of Airpark Fund reserves to capital project 315-94858, Airpark Security Improvements to fund the City's share. 5. Parks and Recreation 5.1 Accept a Modification of Deed granted by U.S. Home Corporation, former owners of real property currently owned by the City for use as the Countryside Recreation Center. (consent) The subject property was donated to the City by U.S Home Corporation in 1978. The deed used to convey the property has restrictions requiring the property to be maintained and used only for the purpose of a public park and recreation area. In addition to these allowable uses, the Modification of Deed will allow the property to be used for the construction and use of a public library. Acceptance of this Modification of Deed by U.S. Home Corporation does not require the City to construct a public library but allows for the construction and operation of a public library. Staff recommends acceptance of the Modification of Deed. 5.2 Award a contract (purchase order) to Landscape Structures Inc. of Delano, MN for the construction and installation of a one of a kind Sand Castle Playground and Welcome sign at Pier 60 Park for $438,881 and approve the transfer of $100,000 from unappropriated retained earnings to CIP 315-93624 Pier 60 Park Repair and Improvement at mid-year, to construct a military flag plaza to be located in Pier 60 Park. (consent) In Fiscal Year 2010/11, the City Council approved a new Capital Improvement Project for $510,000 to fund repairs and improvements to Pier 60 Park. The scope of the project included the repair of existing seating wall, site furniture, ground renovation, walkways, irrigation repairs, special event layout improvements in order to make the park consistent with the major improvement made in the Beach Walk project as well as the addition of a new concept in play structures that will become a focal spot on the beach. The purchase of the sandcastle playground and entry sign will become that focal point for all persons visiting Clearwater Beach and become a prime photo opportunity for all visitors to the beach and Pier 60 Park. In time staff believes it will be a prime quality tourist attraction and a destination place for visitors and residents. The playground is unique in that the main structures are constructed from concrete and is designed to withstand the harsh beach weather with little to no maintenance. It is colorful and full of unique play areas that allow children to Work Session 2013-04-15 6 explore the wonders of a life-size sand castle, including a main central tower and a portion of the sand castle being washed away with the tide. Staff is recommending the purchase from Landscape Structures Inc. as a sole source item as all playground manufactures design and make equipment that while similar is unique to their product line and not competitive. The City has traditionally purchased equipment from various vendors in order to take advantage of special pricing and quality designs. If approved, it will take approximately 4 months for construction and delivery with installation scheduled for September of this year. Additional funding is being requested in this project to construct a military flag plaza in Pier 60 Park at the end of State Road 60 and the roundabout to honor all of the branches of the military. While the plaza has not been fully designed, it will incorporate the same type of coquina style material used for the doughboy statues at the beginning of the Memorial Causeway Bridge. If approved, funds will be transferred at mid-year from unappropriated retained earnings. In response to questions, Parks and Recreation Director Kevin Dunbar said Sunset Cinema will be to the right of flag plaza. The existing Clearwater sign will be moved to the proposed playground area. Design rendering of the flags and flag locations will come before Council at a future meeting prior to construction. The Best Beach Town designation sign is being fabricated; a temporary sign has been installed at the Causeway location. Mr. Dunbar said the banners on the sand castle playground equipment will be set to the west and will have a Clearwater/pirate related theme. 5.3 Approve co-sponsorship and waiver of requested City fees and service charges for Fiscal Year 2013/14 special events, including five annual City events and twelve City co-sponsored events, at an estimated General Fund cost of $381,860 ($24,300 cash contributions and $357,560 in-kind contributions) and Enterprise Fund cost and fee waiver of$86,010, for the purposes of Fiscal Year 2013/14 departmental budget submittals. (consent) According to City Council Policy 4M, Special Event Fees, there shall be an annual review of City sponsored/co-sponsored events during the budget process. An agenda item approving co-sponsorship and level of support for these events will be brought before the City Council at the beginning of the budget process each Work Session 2013-04-15 7 fiscal year. In the event additional money is requested beyond what is included in the approved budget, City Council approval will be needed. Staff recommended level of cash and in-kind contributions to be included in the various departmental budgets for Fiscal Year 2013/14 for City sponsored and co- sponsored special events, which includes 34 additional special events requiring some type of in-kind support from the Parks and Recreation Special Events Division during Fiscal Year 2013/14. It should be noted, that this represents an increase of$18,520 in General Fund support from Fiscal Year 2012/13 and a total decrease in Enterprise fund support of$17,780. The increase in General Fund is due primarily to: • Overall 3% increase in salaries • Fire service increasing staffing levels to meet National Best Practice Standards • Police support of Tri Rock increase based upon operating the event for one year The decrease in enterprise funds is for adjustments made for the Tri Rock event with reductions in lost parking revenue and a reduction of sanitation costs for Tri Rock event. The overall Tri Rock level of support remains the same. Cash Requests of$24,300 is the same as Fiscal Year 2012: Clearwater Veterans Alliance ($5,000), Clearwater Jazz Holiday ($14,550), and the Martin Luther King, Jr. Day March and Rally ($4,750). For Council's consideration, the following four events are requesting City support and co-sponsorship for Fiscal Year 2013/14. Council direction is requested for which events to be included in the departmental submittals. 1. Light It Up Clearwater- The Clearwater Beach Chamber has requested $10,000 in cash support for fireworks to support events on Clearwater Beach. (Increase $10,000 cash, 500 in attendance) 2. Christmas Boat Parade - This event has been held in Clearwater for many years and continues to grow. In order to accommodate more people viewing the event from Coachman Park, staff is requesting $825 in additional in kind support for portalets, security, police and marketing. (Increase $825 operating budgets, 3,000 in attendance) 3. Clearwater Beach Restaurant Week - The Clearwater Beach Chamber of Commerce is requesting $2550 in total in kind services including police security, parking services, dumpsters, barricades and barricade trailer, in-kind marketing support and tent inspection. Funds raised to benefit local non-profits like Work Session 2013-04-15 8 Clearwater Marine Aquarium. (Increase $2,550 operating budgets, 3,000 in attendance) 4. Run/Walk for Willa - This event is a fundraising event for the Willa Carson Health and Wellness Center. Last year's event had less than 50 participants. In- kind service of$3,100 representing police security, sound tech and equipment, chairs, tables, staging and in-kind marketing support is being requested ($3,100 operating budgets, 350 anticipated attendance). In response to questions, Parks and Recreation Director Kevin Dunbar said the department provides a $30,000 in-kind contribution to the Tri Rock triathlon event in November. Last year the event had 1,000 participants; which is strong for an inaugural year. Mr. Dunbar said the Sun-N-Fun festival programming at Coachman Park was reduced in order to fund activities for the Sugar Sand Festival, an event that attracts more attendees. This will be the fourth year that the Clearwater Beach Restaurant Week has been in existence. In response to a concern with the Light up Clearwater request, it was suggested that hotels sponsor the event since it benefits the tourism industry. There was consensus not to fund the Light Up Clearwater request. Discussion ensued regarding assisting new events the first few years. There was consensus not to fund requests for the Clearwater Beach restaurant Week and Run/Walk for Willa. There was consensus to fund the Clearwater Boat Parade and the parking waiver fee for the Clearwater Beach Restaurant Week. The Council recessed from 3:09 p.m. to 3:15 p.m. It was suggested that Council consider reinstituting a holiday parade for 2014. Mr. Dunbar said parades were eliminated from the budget due to lack of participation, cost and lack of staffing resources. The cost of a parade is approximately $27,500. The staff position responsible for planning city parades was eliminated in 2008; the associated salary was $53,000. Staff was directed to research possibility for one parade in 2014. 6. Solid Waste/General Support Services 6.1 Award a Contract (Purchase Order) for $253,497.00 to RingPower of Riverview, FL for one Caterpillar M322 Hydraulic Excavator, Wheeled Type, in accordance with Sec. 2.5640)(d), Code of Ordinances - Other Governmental bid; authorize lease purchase under the City's Master Lease Purchase Agreement and authorize the appropriate officials to execute same. (consent) Work Session 2013-04-15 9 The Excavator will be purchased through the Florida Sheriffs Association Contract 12-10-0905, Specification 20 and quote dated March 18, 2013.The Excavator will replace G2615 (2002 Gradall Excavator with 2286 hours and 1306 hours). The Excavator is included in the Fiscal Year 2012/2013 Garage CIP Replacement Fund. The Excavator is assigned to Stormwater in Engineering. 6.2 Award a Contract (Purchase Order) for $303,520.10 to Rush Truck Center of Tampa, FL for one Peterbilt Model 320 chassis with E-Z Pack CFL 35 Cubic Yard Body, in accordance with Sec. 2.5640)(d), Code of Ordinances - Other governmental bid; authorize lease purchase under the City's Master Lease Purchase Agreement and authorize the appropriate officials to execute same. consent The Front Loader will be purchased through the Florida Sheriffs Association Contract 12-10-0905, Specification 12 and quote dated February 15, 2013.This truck will replace G2773 (2002 Peterbilt front loader with 68,339 miles). The front loader is included in the Fiscal Year 2012/2013 Garage Replacement Fund. The front loader is assigned to Solid Waste. The front loader will be CNG powered and the cost to upgrade is $34,545.00. The payback term is 6.9 years. 7. Public Utilities 7.1 Approve a $252,000.00 Blanket Purchase Order, from May 1, 2013 through April 30, 2014, to Water Specialists Technologies LLC, of Sanford, FL for the purchase of copper precipitant TR-50, and authorize the appropriate officials to execute same. (consent) The City of Clearwater owns and operates three Water Reclamation Facilities (WRF) and must comply with regulatory requirements as set forth in the operating permits issued through the Florida Department of Environmental Protection (FDEP). TR-50 is a copper precipitant that is used to maintain permit compliance for copper removal limitations in effluent discharged into receiving surface waters. The FDEP permitted effluent limit is 3.7 parts per billion.TR-50 is a proprietary, sole source product. It was selected for use in 2006 after an extensive engineering study was undertaken to find the product best capable of allowing the City's facilities to meet FDEP permit requirements while not causing any toxicity, creating any chemical interaction side effects, and being the most cost-effective. Sole source purchase of this chemical meets all requirements of Section 2.564 (1)(b) of the Code of Ordinances. Work Session 2013-04-15 10 Water Specialists Technologies (WST) is the sole source and manufacturer of TR- 50. They hold patent number 4,943,377 for Thio-Red, a method for removing dissolved heavy metals from waste oils, industrial wastewaters, or any polar solvent. Thio-Red is the primary ingredient in TR-50, and Water Specialists Technologies is the sole manufacturer of this product. WST does not currently have any other TR-50 distributors within the state of Florida.WST has held Clearwater's discounted price ($0.55/lb.) for TR-50 at or below their distributor's pricing for many years. The attached letter reflects pricing, our arrangement for the return of used totes (an offer that is not extended to any of their other customers), and WST's continued regard of Clearwater as a preferred customer. This product has met all expectations and has performed very well. It has not exhibited any toxicity and has not created any chemical interaction related ill- effects. The plants have met the permit-required FDEP copper limitation ever since the chemical began being used. Sufficient budget is available in the Water and Sewer Utility Fund operating cost center 0421-01351-551000-535-000-0000, WPC Operations, to fund $105,000.00 of the current year cost and is planned in the budget request to be brought forward for Fiscal Year 13/14 in the amount of$147,000.00. 7.2 Approve a Blanket Purchase Order to T. Wayne Hill Trucking, Inc., of Bartow, FL in the amount of$1,636,000.08 for biosolids services for a one-year period with two optional annual extensions, and authorize the appropriate officials to execute same. (consent) The City of Clearwater's Water Reclamation Facilities (WRF) produces a residual product (biosolids) that requires hauling and disposal. The City's current contract for the hauling and disposal of these biosolids expires April 30, 2013. In response to the Request for Proposal 14-13 (RFP), three responses were received March 18, 2013. T. Wayne Hill Trucking, Inc. represented the lowest responsive bidder for Base Bid Services at $24.46/wet ton for stabilized biosolids cake removal and disposal and $0.03/gallon for unstabilized liquid sludge transport. The contractor is required to provide two basic services: (1) to remove and dispose of stabilized (Class B) dewatered biosolids; and (2) to transport unstabilized liquid domestic wastewater residuals from the City's East WRF to the Northeast WRF for treatment and dewatering. In addition, alternate services as outlined in the RFP, and for which unit prices were provided in the contractor's Work Session 2013-04-15 11 bid, may be provided at the City's direction should specific emergency conditions develop at one or more of our facilities. The contractor accepts full responsibility and liability for the hauling and disposal of residuals from the points of loading from the source facility, in accordance with Chapter 62-640, F.A.C., and shall be responsible to comply with existing Florida Department of Environmental Protection (FDEP), and the United States Environmental Protection Agency (USEPA) residuals treatment and disposal regulations, all other applicable federal, state and local regulations, and any changes made to these regulations during the contract period. Sufficient budget is available in the Water and Sewer Utility Fund operating cost center 0421-01351-530300-535-000-0000, WPC Operations, to fund $228,591.79 of the remainder of the current year cost of this contract and is planned in the budget request to be brought forward for Fiscal Year 13/14 in the amount of $545,333.36, for Fiscal Year 14/15 in the amount of$545,333.36, and for Fiscal Year 15/16 in the amount of$316,741.57. 8. Engineering 8.1 Approve Change Order 2 to Layne Inliner, LLC in the amount of$420,000.00 for sanitary sewer line cleaning and inspection at various locations throughout the City of Clearwater for a new contract total of$1,620,000.00; 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. A key element of the maintenance program is preventative cleaning and inspecting with closed circuit television to identify deficiencies in the underground infrastructure. This type of work is performed by a combination of both City and contract crews in order to meet program goals. 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 a contract to Reynolds Inliner, LLC for the Sanitary Sewer and Televising Inspection per Bid 09-0047-UT in the amount of$800,000 with two one-year extensions, when agreed by both parties. August 16, 2012, City Council approved Change Order 1 to Reynolds Inliner, LLC, who has changed their name to Layne Inliner, LLC, in the amount of$400,000 to provide continued services to the City with the same terms and conditions of the contract. The goal of this agenda item is to extend the contract one more year and add $420,000 to the current contract for the same pricing, terms and conditions. Work Session 2013-04-15 12 The City Utilities staff will coordinate with in-house crew progress and direct the contractor, on an ongoing basis, to those areas as prescribed in the preventative maintenance schedule to meet program goals. Sufficient revenue is available in Utility Renewal and Replacement project 0327-96665, Sanitary Sewer R and R to fund this change order. 8.2 Approve Parking Consultant of Record contracts with Kimley-Horn and Associates; TimHaahs; and Walker Parking Consultants for a period of three years, commencing April 22, 2013, and authorize the appropriate officials to execute same. (consent) On February 4, 2013, Requests for Qualifications (RFQ 13-13) were solicited from parking consulting firms to serve as Parking Consultants of Record for the City for a three-year period. Three firms responded. All three of these firms have previously served as parking consultants for the City and have performed quality work; consequently, staff is recommending entering into contracts with all three firms. Entering into contracts with these firms will enable the City to continue to utilize well-qualified firms to complete a large variety of parking related tasks over the next three years. 8.3 Award a contract to Steve's Excavating and Paving Inc. of Clearwater, Florida, for Tropic Hills Stormwater Outfall Project Phase III (11-0040-EN), in the amount of$1,449,371.28, which is the lowest responsible bid received in accordance with the plans and specifications and authorize the appropriate officials to execute same. (consent) The Tropic Hills neighborhood experienced severe flooding in June 1997 and February 2006. The existing outfall is undersized and during heavy rainfall, water backs up in the neighborhood, flooding streets and houses. Tropic Hills Drainage Improvements Project consists of 3 phases. Phase I is complete and FDOT is working on Phase II with the US 19 Project. This project is the last Phase, which consists of the following tasks: Replacing approximately 900 LF of undersized pipe with a new 10 ft. by 4 ft. box culvert; Installing a 10 ft. -diameter stormwater treatment structure; Installing 130 LF of 30 in. PVC drainage pipe within the Tropic Hills neighborhood; and Replacing 325 LF of existing old 8 in. VCP sanitary pipe with the new PVC pipe. Construction of this Phase will improve water quality by minimizing sediment transport into the bay. Work Session 2013-04-15 13 The completion of this last Phase will provide significant improvements to the stormwater conveyance system for the Tropic Hills neighborhood and reduce potential flooding. The Project is anticipated to be completed within 180 calendar days. The Project will be cooperatively funded by the Southwest Florida Water Management District (SWFWMD) at 50% of the design and construction cost or up to $1,250,000, and 50% by the Stormwater Utility Fund. Sufficient funding is available in the amounts of$1,394,090.78 from 0315-96179, Tropic Hills Phase III, $42,339 from 0327-96634, Sanitary Utility Relocation and $12,941.50 from 0327-96742, Line Relocation - Capital, for total funding in the amount of$1,449,371.28. 9. Planning 9.1 Approve the annexation, initial Future Land Use Map designations of Residential Low (RL), Preservation (P) and Drainage Feature Overlay and initial Zoning Atlas designations of Low Medium Density Residential (LMDR) and Preservation (P) districts for 1861 and 1880 Diane Drive; 1744 Evans Drive; 1716 and 1733 Grove Drive; 1765 Lucas Drive; 1806 Marilyn Drive; 1848 and 1851 Skyland Drive; 2720 and 2724 Morningside Drive; and 2724 and 2728 Woodring Drive (all parcels are located in Section 05, Township 29 South, Range 16 East); and pass Ordinances 8392-13, 8393-13 and 8394-13 on first reading. (ATA2013- 01001) The City of Clearwater Planning and Development Department identified an area within the Clearwater Planning Area with a large concentration of properties with Agreements to Annex (ATAs) that are eligible for annexation. These properties are located east of U.S. Highway 19, north of State Road 590 and south of Sunset Point Road. Subdivisions in this area include Virginia Grove Terrace and Carlton Terrace. The Department identified a total of 189 properties in this area that could be annexed through a phased approach over the next several years, and to date 146 properties have been annexed. This application, which has been identified as Phase E of the overall annexation project, includes 13 of the 189 properties. Current or previous owners of these properties entered into ATAs between 1983 and 2011 to obtain sanitary sewer service. The Planning and Development Department is initiating this project to bring the properties into the City's jurisdiction in compliance with the terms and conditions set forth in the agreements. The Phase E properties are occupied by 13 detached dwellings on 2.57 acres of land. Work Session 2013-04-15 14 It is proposed that approximately 1.64 acres of right-of-way throughout this area on Woodring Drive, Grove Drive, Lucas Drive, Marilyn Drive, Skyland Drive, and Terrace Drive right-of-way not currently within the city limits also be annexed (please refer to the attached annexation map for the specific locations). It is proposed that the 13 properties be assigned a future land use map designation of Residential Low (RL). A major drainage ditch traverses one of these properties (1744 Evans Drive) for which the Preservation (P) and Drainage Feature Overlay designations are proposed consistent with the ditch boundaries. It is proposed that all parcels be assigned the zoning designation of Low Medium Density Residential (LMDR) District. In addition, it is proposed the property with the drainage ditch also be assigned the Preservation (P) zoning category. The Planning and Development Department has determined that the proposed annexation is consistent with the provisions of Community Development Code Section 4-604.E as follows: • The properties currently receive sanitary sewer service from the City and water service from Pinellas County. Collection of solid waste will be provided by the City. The properties are located within Police District III and service will be administered through the district headquarters located at 2851 N. McMullen Booth Road. Fire and emergency medical services will be provided to these properties by Station 48 located at 1700 Belcher Road. The City has adequate capacity to serve the properties with solid waste, police, fire and EMS service. Water service will continue to be provided by Pinellas County. The proposed annexations will not have an adverse effect on public facility levels of service; and • The proposed annexation is consistent with and promotes the following objectives and policy of the Clearwater Comprehensive Plan: Policy A.7.1.3: Invoke agreements to annex where properties located within enclaves meet the contiguity requirements of Florida Statutes Chapter 171. 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 Residential Low (RL), Preservation (P) and Drainage Feature Overlay Future Land Use Map categories are consistent with the current Countywide Plan designation of the properties. The Residential Work Session 2013-04-15 15 Low (RL) designation primarily permits residential uses at a density of 5.0 units per acre. The Preservation (P) and Drainage Feature Overlay categories proposed to be applied to one property (1744 Evans Drive) recognize the watershed and drainage feature on the property. The proposed zoning districts to be assigned to the properties are the Low Medium Density Residential (LMDR) District and Preservation (P) District. The uses of the subject properties are consistent with the uses allowed in the Low Medium Density Residential (LMDR) District. All of the properties meet the minimum dimensional requirements of the Low Medium Density Residential (LMDR) District; therefore, the proposed annexation is consistent with the Countywide Plan, Clearwater Comprehensive Plan, and Clearwater Community Development Code; and • The properties proposed for annexation are contiguous to existing City boundaries along at least one property boundary; therefore, the annexations are consistent with Florida Statutes Chapter 171.044. 9.2 Approve the Annexation, Initial Land Use Plan Designation of Residential Low (RL) and Initial Zoning Atlas Designation of Low Medium Density Residential (LMDR) District for 1825 Carlton Drive (Lot 4, Block C, Carlton Terrace in Section 5, Township 29 South, Range 16 East); and pass Ordinances 8389-13, 8390-13 and 8391-13 on first reading. (ANX2013-01002) This voluntary annexation petition involves a 0.176-acre property consisting of one parcel of land occupied by a single-family dwelling. It is located on the east side of Carlton Drive, approximately 233 feet south of Woodring Drive. 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 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 the City. The closest sanitary sewer line is located in the adjacent Carlton Drive right-of-way. The applicant has 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 III and service will be administered through the district headquarters located at 2851 N. McMullen Booth Road. Fire and emergency medical services will be provided to this property by Station 48 located at 1700 N. Belcher Road. The City has Work Session 2013-04-15 16 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 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 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 west; therefore, the annexation is consistent with Florida Statutes Chapter 171.044. 10. Official Records and Legislative Services 10.1 Appoint members to the Public Art and Design Board as follows: two members with terms to expire April 30, 2017 and one member to fill the remainder of an unexpired term to expire February 28, 2014. There was consensus to appoint Carolyn Byrd and Karen Cunningham to the Public Art and Design Board with terms to expire April 30, 2017 and appoint Neale A. Stralow to the Public Art and Design Board to fill the remainder of an unexpired term to expire February 28, 2014. Staff was directed to place the item on the Consent Agenda. 10.2 Approve the 2013 Federal Legislative Package. 11. Legal Work Session 2013-04-15 17 11.1 Adopt Ordinance 8383-13 on second reading, vacating that certain 40-foot Platted right-of-way abutting and lying east of Lots 4, 5, 6, 14, 15, 16, 17 and 18, dedicated and described in the Plat titled Elysium Phase 1 as recorded in Plat Book 93, Pages 41-46, public records of Pinellas County, Florida, subject to conditions. 12. City Manager Verbal Reports — None. 13. Closing Comments by Mayor— None. 14. Adjourn The meeting adjourned at 4:15 p.m. Work Session 2013-04-15 18