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06/03/2013 CITY COUNCIL WORK SESSION MEETING MINUTES CITY OF CLEARWATER June 3, 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 Fire Medic Oaths The City Clerk administered the Oath of Office to William Billups, Logan Cruz, James Desaulniers, Shannon Hight, Elizabeth Pierce, Michael Remillet, Justin Smith, and Justin Suhanovsky. 1.2 Visit St. Pete/Clearwater Tourism Update - David Downing, Deputy Director of the Convention and Visitor's Bureau Mr. Downing provided an overview of the Summer tourism campaign and recent visitation statistics for Clearwater area. Pinellas County experienced a 3.8% visitation, while the State experienced a 2.3% increase. The area had 1.1 million first time visitors. The average room rate in Pinellas County increased by 8%. In response to questions, Mr. Downing said Tampa is known as a business destination while Pinellas County is known as a tourist destination. Orlando is the number one tourist destination in Florida. The hoteliers are responsible for advertising summertime rates. 1.3 TBPRC award for the US 19 Plan - Lauren Matzke, Planning; Cate Lee, Planning Work Session 2013-06-03 1 The City of Clearwater's Planning and Development department received two regional awards that recognize the successes of the US 19 Corridor Redevelopment Plan. The city received the 2012 One Bay Award and a First Place Future of the Region Award in the Development/infrastructure category. These awards are given by the Tampa Bay Regional Planning Council. The One Bay Award is an overall award of distinction that recognizes one project submitted in any of the six Future of the Region award categories and exemplifies the One Bay Regional Vision. Future of the Region awards recognize projects and programs that exemplify regionalism and outstanding achievement that benefits the Tampa Bay community. The goal of the US 19 Corridor Redevelopment Plan is to strengthen the identity, design, mobility, and competitiveness of the corridor. The city and a consultant team worked with corridor stakeholders to define land use and development strategies to leverage the corridor's advantages, capitalize on market opportunities, and maximize benefits of planned transit and transportation improvements. 1.4 Public Works Day - Top Ops Competition Clearwater placed in all 6 categories as follows: The Hard Tap, where a team of four opens a ductile iron pipe full of pressured water and installs a tap. Second place went to The Water Boys: Charles McAbee, Brody Burke, Kyle Wilson, and Matt Dombrowski - for a time of 2 minutes, 49 seconds. The Fun Tap is similar, but the pipe is made of PVC. Second place went to Kenny's Rippers: Davon Watson, Kendrix Anderson, Orlando Rivas, and Phil Horne - for a time of 48 point 38 seconds. Meter Madness is an event in which a meter is assembled from a bucket of parts, with some similar extra parts included in the bucket. Both First and Second place were taken by Clearwater in this event. First place was Steve Martindale at 57 seconds, with Davon Watson in Second place with 1 minute flat. The Backhoe event involves picking up an egg from a pile of sand and placing it in a 5-gallon bucket without it cracking or breaking. First place was taken by Todd Kuhnel with 34 seconds. The Vacuum Truck Operation is where competitors make a basket using a basketball and hoop. Second place went to Maurice Bryant for 1 minute, 1 second. The Director's Challenge tests the ability of staff to successfully complete the backhoe challenge. Laura Davis, secretary for the MoM group, took First place with 1 minute, 15 seconds. 2. Economic Development and Housing Work Session 2013-06-03 2 2.1 Approve the 2013 Affordable Housing Inventory List pursuant to requirements of Chapter 166.0451, Florida Statutes, adopt Resolution 13-10 and authorize the appropriate officials to execute same. The 2006 Legislature amended Chapter 166, Florida Statutes, adding Section 166.0451 entitled "Disposition of municipal property for affordable housing." The state statute includes that the governing body of each municipality must review the proposed affordable housing inventory list at a public hearing, and may revise the list at the conclusion of the hearing. Following the public hearing, the local governing body must adopt a resolution that includes an inventory list of such property deemed appropriate for affordable housing development. On February 21, 2008, the City Council adopted Resolution 08-01 establishing the first 2008 Affordable Housing Inventory listing twenty-nine parcels of City-owned land appropriate for use as affordable housing. Upon further analysis and due consideration, on November 5, 2009, the City Council adopted Resolution 09-41 revising the first 2008 Affordable Housing Inventory to identify only two City- owned parcels of land appropriate for use as affordable housing. Subsequent to the adoption of Resolution 09-41 and resolution 10-12, the City has acquired no additional parcels of land or further identified any others to which it has title as appropriate for use as affordable housing. Section (1) of the statutory amendment requires that every three years each municipality prepare an inventory list of all real property within its jurisdiction to which the municipality holds fee simple title that is appropriate for use as affordable housing. Therefore, the 2013 Affordable Housing Inventory List includes the address and legal description of each property, and specifies whether the property is vacant or improved. 2.2 Endorse the application for Project Poof and commit the City of Clearwater to provide local financial support (Local Match) of ten percent of the eligible tax refund upon certification by the State of Florida Department of Economic Opportunity (DEO) and adopt Resolution 13-11. The Florida Legislature created Florida Statute, Section 288.106 to encourage the growth of Florida's high-wage, value-added employment. This program is commonly known as the Qualified Target Industry Tax Refund Program (QTI Program). This law authorizes Enterprise Florida, Inc. to accept, review and recommend applications for consideration by DEO for tax refunds to qualified target industry businesses. Pursuant to Florida Statute, Sections 288.075 and 288.106, the applicant requests certain information, including the name of the company, remain confidential until such time as is required under statute or Work Session 2013-06-03 3 desired by the applicant. Project Poof is the alias name of the applicant company. This Resolution provides a commitment of the city to support the QTI Program, which provides a performance-based incentive. The incentive is negotiated in advance of Project Poof's commitment to relocate and grow its operations in the City of Clearwater. It does not guarantee payment until such time as the terms of the contract made between DEO and Project Poof are met, subject to limitations described below. QTI Program Description The QTI Program works as an inducement to encourage companies to locate in Florida. In accordance with the QTI Program eligibility criteria, no commitment to locate in Florida has been made at this time. The incentive may not exceed that which is requested in the application. Description of Project Project Poof is seeking State, County and City inducement to relocate out-of-state operations and to create additional jobs in the City of Clearwater's IT/Software Technology District. The company projects to employ two hundred over the next three years. Project Poof's job creation schedule is as follows: Number of net new full-time Date by which jobs Phase equivalent Florida jobs created in will be created the business unit t � 12/ 110 75 12/31/2014 Total 200 The following types of jobs are expected to be created by this high tech, IT/Software company: Business Unit Activities 5 Digit NAICS Project Function Code*(s) { Admrn�straton/Nana ement ;a` 161 :% 2©, 1fl," Work Session 2013-06-03 4 Computer Systems Design 541512 52.3% 100% Average wages of all new jobs created by Project Poof is to be no less than $82,750, which is 200% of the State's Annual Average Wage of $41,375 as published by Enterprise Florida on January 1, 2013. QTI Program Request & Local Match Commitment The requested tax refund is to be paid to the applicant each state fiscal year (July 1- June 30) for a period of six years. If approved by DEO, Pinellas County and the City of Clearwater, the applicant will receive a refund for each new job created in the City of Clearwater. The QTI Program allows for a refund of eligible taxes paid that will equal a maximum of$12,500 per new job created. Eighty percent of this award is provided by the State of Florida, with a Local Match of ten percent from the City of Clearwater and ten percent from Pinellas County. Therefore, the maximum Local Match award per new job created is $1,250 for a total Local Match of $250,000, based on the following qualifying criteria: TOTAL$ CITY QUALIFYING CRITERIA INCENTIVE LOCAL PER JOB MATCH CREATED (10%) �'�rtrn�ry lndgs�ry $�,t��3A OQ $3�0 fl0 Wage Bonus (>/=200% avg annual $2,000.00 $200.00 wage) Enterp�'�se zone $3x000,00 $�00 00 High Impact Sector(IT/Software) $2,000.00 $200.00 Brownfteid Area Bonus $2,500 00 $�50 00 Total Per New Job Created $12,500.00 $1,250.00 Payment Schedule Disbursement of the Local Match is spread over a period of six years. Twenty-five percent of the Local Match is paid out over a four year period for each phase in which the jobs are created. The schedule is as follows: Work Session 2013-06-03 5 Phase # Eligible Max. FY13-14 FY14-15 FY15-16 FY16-17 FY17-18 FY18-19 Jobs Award 25%Nr �Su.u.u.u.u.u.r.u...0 s.,o.Y.r...u...u.u.r:,......... .u.u.u.u.u.u..u.u.u.u.u.....u.u.u.u.. ,.v.u.u�..v..u.u.u.v.u.u..u..v.u.u.u.u..u.u.u.u..v...u.u.v.u.u.u.r.a.u.u.u.u.u.r.u.u.u.u.u.r.r\' II 75 $93,750 $23,438 $23,438 $23,438 $23,438 $23,438 Total 200 $250,000 $7,813 $31,250 $62,500 $62,500 $54,688 $31,250 The payment schedule is subject to the applicant continuing to meet all eligibility criteria, which is verified each year by the DEO, the City of Clearwater and Pinellas County. Upon verification, the DEO requests the Local Match disbursement check from the City up to the maximum yearly allowed amount. The DEO then provides the disbursement to the applicant. Conditions of Limitation and Termination During the term of the agreement, the Local Match may be lowered under the following conditions: If in any year the applicant does not achieve the job creation schedule but achieves at least eighty percent of the required new jobs, the company will receive a pro- rated refund less five percent penalty of the schedule award amount for that year. If the total of the eligible taxes paid by the company is less than the maximum eligible refund amount awarded, the Local Match will be reduced on a pro-rated basis. The refunded amount will not exceed the amount of eligible taxes paid by the company. The Local Match may be eliminated under the following conditions: If job creation falls below 80% of the required jobs, the company will not receive a refund and will be terminated from the program. If the average wage falls below $82,750, the company will not receive a refund and will be terminated from the program. Funding Source The Fiscal Year 2013-2014 funding is currently available from Economic Development budget account number 181-99846. Future year funding will need to be allocated during the City's annual budget process. 3. Financial Services 3.1 Approve settlement of the liability claim of CX Industries, Inc for payment not to exceed $31,000.00 and authorize the appropriate officials to execute same. Work Session 2013-06-03 6 consent On April 23, 2013, the tenant at 2596 Nursery Road discovered that the building had flooded due to a wastewater overflow. The Public Utilities supervisor verified that the backup was due to a stoppage in the City side of the waste water main line. The owner of the building brought in a restoration company to perform a dry- out and tear-out along with a portion of the wall build-back. The tenant, a flooring company has replaced the damaged portion of flooring. The owner will be reimbursed in exchange for a release. The cost will not exceed $31,000. The City's limit of liability as provided by Section 768.28, Florida Statutes is $200,000. The City's Risk Management Division and City's Claims Committee recommend this settlement. Funding for the payment of this settlement is available in the budget for claims expense in the Central Insurance Fund. 4. Parks and Recreation 4.1 Approve Revocable License Agreements with Ultimate Bounce LLC (UB) and Emerald Coast Bungee (ECB), Inc., effective June 1, 2013 through May 31, 2014, to provide entertainment concessions at Pier 60 Park, and authorize the appropriate officials to execute same. (consent) On January 9, 2013, a Request for Proposal (RFP) was issued for beach entertainment concessions at Pier 60 Park and Beach. Only two proposals were received, one from Ultimate Bounce LLC, and the other from Emerald Coast Bungee, Inc. Both of these vendors have been providing entertainment services to Clearwater Beach visitors and residents for over 10 years and their current agreement with the City expires on May 31, 2013. Ultimate Bounce LLC will provide an inflatable bounce house, dry slide, wet slide and other inflatable concessions while Emerald Coast Bungee will supply a bungee powered trampoline jump and mechanical dolphin ride. Under the License Agreements, both UB and ECB will continue to pay the current rate of 25% of gross revenue to the City until September 30, 2013 (to finish this fiscal year) and after that time, will remit a license fee equal to $52,500 per Fiscal Year. Staff is recommending shifting from a percent of gross sales to a flat monthly license fee since the financial oversight and reporting of the percent basis is difficult to manage and this assures the City a set amount of revenue that can be budgeted in the general fund. The City will have the opportunity to renew the agreement on an annual basis up to four more additional years at which time a new RFP will be issued for renewed or new services. Substantial changes to the past Agreement include the following: Guaranteed payment of$52,500 per year, per vendor, for a total of$105,000. Past agreements were on a 25% of gross sales basis with no less than $40,000 Work Session 2013-06-03 7 per year, per vendor, for each year of the License Term. (During the initial License Term, there shall be no guaranteed minimum payment.) Addition of a mechanical dolphin ride from Emerald Coast Bungee. Added a provision that the licensee pay for all costs relating to any and all amenity upgrades requested by licensee and approved by the City. (i.e., High Speed Internet)ln addition to requiring all employees of the licensee to have appropriate background screening as well as proper training in operating the equipment, it was highly encouraged that they also obtain CPR and First Aid Certifications. License fees received from UB and ECB in Fiscal Year 2010/11 was $91,840 and in 2011/12 $103,033. After the first 6 months of this year 2012/13, the license fee is only slightly ahead of last year by approx $2,300. 5. Solid Waste/General Support Services 5.1 Approve a contract (Blanket Purchase Order) to Fleet Products of Tampa, FL in the amount of$220,000 for the purchase of replacement vehicle parts used by all city Departments during the contract period June 21, 2013 through June 20, 2014, in accordance with Sec. 25640)(d), Code of Ordinances, City of Tampa bids 41081810 and 41020612 and authorize the appropriate officials to execute same. (consent) This blanket purchase order will be used to purchase automotive light duty and heavy-duty parts for all city vehicles. The Tampa bids were issued for automotive light-duty parts (41081810) and heavy-duty parts (41020612). 5.2 Award a contract (Blanket Purchase Order) to Jet Age Fuel of Clearwater, FL for an amount not to exceed $3,700,000 for the purchase of unleaded and diesel fuel for city motorized equipment, as per award of RFP 19-10, during the contract period May 1, 2013 through April 30, 2014 and authorize the appropriate officials to execute same. (consent) This blanket purchase order covers the purchase of unleaded and diesel fuel delivered to the city fuel facility located at 1701 N. Hercules Avenue. This fuel is used for all city equipment. This is the second extension of a five-year contract leaving 1 year remaining. The current price for unleaded is $3.60 per gallon and diesel is $3.59 per gallon. Per the US Energy Information Administration, the cost of fuel is projected to average at a retail cost of$3.92 per gallon. Estimated retail price for diesel in 2014 is $3.78 per gallon and the estimated retail price for unleaded will be $3.38 per gallon. Work Session 2013-06-03 8 In response to questions, Senior Accountant Joyce Hunt said the price fluctuates as it is based on the market. Diesel fuel is estimated to cost $3.88 per gallon through the end of the year and $3.79 per gallon in 2014. The estimated cost of unleaded fuel is $3.56 per gallon through the end of the year and $3.38 per gallon in 2014. The cost for fuel includes tax, which is later reimbursed to the City. Staff was directed to provide information regarding the percentage of fleet that use compressed natural gas vs diesel/unleaded fuel. 5.3 Approve a contract (Blanket Purchase Order) to The Parts House of Tampa, FL in the amount of$120,000 for the purchase of replacement vehicle parts used by all city departments during the contract period June 1, 2013 through May 31, 2014, in accordance with Sec. 2.564(1)(d), Code of Ordinances, City of Tampa contract 10-P-04593 and authorize the appropriate officials to execute same. consent This blanket purchase order is a piggyback to the City of Tampa contract and covers the purchase of replacement vehicle parts for use on all city vehicles. 6. Engineering 6.1 Approve the renewal of Waterfront Engineering Inc., of Tampa Florida, contract for 2 years, in the amount of$800,000, to fund City owned seawall upgrades and/or replacements Project (11-0063-EN). (consent) Waterfront Engineering Inc. was awarded the City Owned Seawall Contract on July 30, 2012, based on a Request for Proposals (RFP-30-12). This is a multiyear performance based contract renewed annually for up to three years. Waterfront Engineering has already successfully completed twelve seawall projects under this contract, all within budget and without incident. Sufficient funding in the amount of$400,000 is available in Capital Improvement Program project 0315-93412, Citywide Seawall Replacement for year 2, an additional $400,000 will be available at October 1, 2013 to fund year 3 for total funding in the amount of$800,000. Staff was directed to confirm who is responsible for maintaining the seawall at the Coast Guard Station in Sand Key. 6.2 Approve Engineer of Record (EOR), Geosyntec Consultant, to complete Monitoring and Environmental Assessment and delineation of the Harbor Drive Fill Area in an amount not to exceed $275,000. (consent) Work Session 2013-06-03 9 July 19, 2012, City Council approved funding not to exceed $822,490 to properly close a former land filled area known as Phillip Jones Field and renovate the site to be used as a sports field from unrestricted Solid Waste funds, CIP 315-93631. In addition to Phillip Jones Field, areas exist outside the field limits, which need to be delineated and remediated to the satisfaction of the Florida Department of Environmental Protection (FDEP). Staff has worked with FDEP to get the approval to address the playing field first and then follow up with investigating the remaining areas. Soil and groundwater delineation followed by a monitoring plan and Engineering Controls will likely be required to bring this site to Final Closure. A third quarter budget amendment will transfer $275,000 from Solid Waste Fund unrestricted reserves to 0315-93631, Phillip Jones Park Renovation. In response to questions, Environmental Manager Ed Chesney said the project will limit access to the incinerator ash, which is directly below the surface. The area is located in a floodplain. One foot of fill was placed over four acres. 6.3 Approve Construction Manager at Risk Services (CMR) for Continuing Contracts with Biltmore Construction Co., Inc. of Belleair, FL; Peter Brown Construction Solutions of Clearwater, FL; Certus Builders, Inc. of Tampa, FL; Creative Contractors, Inc. of Clearwater, FL; Honeywell Building Solutions of Orlando, FL; Keystone Excavators, Inc. of Oldsmar, FL; and J. Kokolakis Contracting, Inc. of Tarpon Springs, FL for a period of three years and authorize the appropriate officials to execute same. (consent) March 13, 2013, Requests for Qualifications (RFQ 15-13) were solicited from area firms to act as construction managers for the City in accordance with Construction Manager at Risk (CMR) procedures. Thirteen responses were received. A short list of three firms gave oral presentations on May 13, 2013 to the selection committee consisting of representatives from Parks and Recreation, General Services/Gas Division, and Engineering. The seven recommended firms were selected based upon their construction experience, financial capability, availability of qualified staff, local knowledge and involvement in the community. In addition, the firms' expertise in scheduling, cost control, value engineering, and pre- construction services were evaluated. The CMR firms selected will be available for a three-year period with an option to renew for an additional three years. The city may award work to these firms for projects up to $2 million. Competitive pricing will prevail for work completed under this CMR method based on the capability of firms to procure discounted materials and labor due to their Work Session 2013-06-03 10 size and experience. Numerous selected firms have been low bid contractors on past projects with the city and other governmental agencies. All procured subcontracts are open book, hence the city will review the pricing and agree to a reasonable mark up to manage the work. A summary of benefits of the CMR delivery method from the previous two-year period RFQ was presented to Council on February 7, 2013. 6.4 Award a contract to Kamminga and Roodvoets, Inc. of Tampa, Florida, for construction of Myrtle Avenue/Seminole Stormwater Improvements project (10- 0035-EN) in the amount of$1,464,257.05, which is the lowest responsible bid received in accordance with plans and specifications, and authorize the appropriate officials to execute same. (consent) This project involves construction of stormwater drainage improvements from Eldridge Street and SR-595 to Metto Street and Pennsylvania Avenue.The existing system is nearing the end of its useful lifespan, is partially located on private property and will be removed or abandoned in place. The replacement storm system will consist of about 2100 linear feet of pipe that ranges in size from 36 in. to 40 in. and will be constructed within City right-of-way. There is also about 550 feet of water main that is nearing the end of its lifespan that will also be replaced with this project. Work will commence soon after award and execution of the contract and will be completed within 210 calendar days of commencement. Sufficient revenue is available as follows: $1,294,563.05 of Stormwater Revenue in 0315-96170, Coastal Basins Projects, $85,974.00 of Utility R and R revenue in 0327-96742, Line Relocation Capitalized, $48,070.00 of Utility R and R revenue in 0327-96634, Sanitary Utility Relocation, and $35,650.00 of Water Revenue in 0315-96739, Reclaim Water Distribution, for total funding in the amount of $1,464,257.05. 7. Official Records and Legislative Services 7.1 Reappoint Mary A. van Weezel to the Library Board with term to expire June 30, 2017. There was consensus to reappoint Mary A. van Weezel. 8. Legal 8.1 Amend Division 4 of the Clearwater Code of Ordinances, relating to the powers of the Municipal Code Enforcement Board, amending the powers and duties of Work Session 2013-06-03 11 the Board, and pass Ordinance 8431-13 on first reading. Amendments to Section 316.0083, Florida Statutes, contained in House Bill 7125, provide the registered owner of a motor vehicle or the person in physical control of the motor vehicle at the time the motor vehicle failed to stop at a red light being monitored by a "traffic infraction detector" with the option of requesting a hearing before a "local hearing officer" to contest a notice of violation issued pursuant to Section 316.0083, Florida Statutes. Section 316.0083, Florida Statutes, requires the municipality issuing the notice of violation to designate a "local hearing officer" as defined in Section 316.003(91), Florida Statutes, for the purpose of conducting a hearing pursuant to Section 316.0083.Section 316.003(91), Florida Statutes, authorizes a municipality to use its currently appointed code enforcement board as the local hearing officer. This ordinance shall amend the powers and duties of the City's Municipal Code Enforcement Board to allow it to hear, as a local hearing officer, not only violations based upon the Development Code, but also the Clearwater Code of Ordinances and Florida State Statutes, where applicable. In response to questions, Assistant City Attorney Rob Surrette said the administrative recovery fee would be in addition to the $158 fine. The Legislature did not provide criteria for the administrative fee. The City Attorney said an out-of-area individual choosing to contest the citation through a local hearing officer or the current court process will need to come back for the hearing. The individual may also appear at the hearing through an attorney. 8.2 Designate the Municipal Code Enforcement Board as the local hearing officer, for the purpose of conducting hearings related to a Notice of Violation issued pursuant to Section 316.0083, Florida Statutes; designate the City Clerk and staff of Official Records and Legislative Services to serve as the clerk to the local hearing officer and adopt Resolution 13-14. House Bill 7125 was adopted by the Florida Legislature and will become effective on July 1, 2013. The House Bill amends Section 316.0083, Florida Statutes, to provide the registered owner of the motor vehicle or the person in physical control of the motor vehicle at the time the motor vehicle failed to stop at a red light being monitored by a "traffic infraction detector" with the option of requesting a hearing before a "local hearing officer" to contest a notice of violation issued pursuant to Section 316.0083, Florida Statutes. Section 316.0083, Florida Statutes, requires the municipality issuing the notice of violation to designate a local hearing officer as defined in Section 316.003(91), Work Session 2013-06-03 12 Florida Statutes, for the purpose of conducting a hearing pursuant to Section 316.0083 and authorizes a municipality to use its currently appointed code enforcement board as the local hearing officer. Section 316.0083(5)(e), Florida Statutes, authorizes the local hearing officer at the conclusion of the hearing to require the violator to pay municipal costs not to exceed $250 in addition to the $158 penalty if the notice of violation is upheld. Section 318.15(3) Florida Statutes, requires the clerk of the court to notify the Florida Department of Highway Safety and Motor Vehicles of persons who requested a hearing before the local hearing officer and failed to either pay the penalty and costs or appear at a scheduled hearing before the local hearing officer; and Section 318.15(3)(a) Florida Statutes, requires the Florida Department of Highway Safety and Motor Vehicles to refrain from issuing a license plate or revalidation sticker for any motor vehicle owned or co-owned by a violator who failed to either pay the penalty and costs or appear at a scheduled hearing before the local hearing officer until the violator pays the amounts that are owed. Section 316.0083(5)(b), Florida Statutes, requires the municipality by resolution to designate existing staff of the municipality to serve as the clerk to the local hearing officer. 8.3 Adopt Ordinance 8395-13 on second reading, annexing certain real property whose post office address is 1305 Woodbine Street, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. 8.4 Adopt Ordinance 8396-13 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 1305 Woodbine Street, upon annexation into the City of Clearwater, as Residential Low (RL). 8.5 Adopt Ordinance 8397-13 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1305 Woodbine Street, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). 8.6 Adopt Ordinance 8402-13 on second reading, amending the Community Development Code by amending Article 3, Section 3-1806 to allow signs within public rights-of-way to provide wayfinding during public construction projects and amending Article 6, Section 6-109 to allow terminated height to be rebuilt in certain circumstances and to clarify that the termination of nonconforming density runs with the land instead of with a site plan approval. 8.7 Adopt Ordinance 8419-13 on second reading, amending Ordinance 6931-02, which amended Ordinance 6378-13, restating the definition of Reserve Work Session 2013-06-03 13 Requirement as pertains to municipal bonds. 8.8 Approve setting a special election on November 5, 2013 to present a referendum question to the city electors amending the Charter of the City to allow a 60 year lease to the Clearwater Marine Aquarium on certain city owned real property located west of Osceola Avenue, east of the unimproved right-of way of Pierce Boulevard, north of Pierce St. and south of Cleveland Street for construction of an aquarium, and pass Ordinance 8418-13 on first reading. Clearwater Marine Aquarium (CMA) located on Island Estates and Winter's Dolphin Tale Adventure (WDTA) located in downtown are major tourist attractors for the City of Clearwater. The CMA has outgrown its current facilities and needs to build a new facility in order to accomplish its mission to preserve marine life and the environment while inspiring the human spirit through leadership in education, research, rescue, rehabilitation and release. The CMA proposes to lease for 60 years, certain city-owned real property located west of Osceola Avenue, east of the unimproved right-of way of Pierce Boulevard, north of Pierce Street and south of Cleveland Street generally referred to as the City Hall Property. A number of sections of the City Charter prohibit leasing of this city owned property without a referendum. The City of Clearwater has incorporated within its comprehensive plan, a future land use element requiring that redevelopment activities be sensitive to the City's waterfront and promote public access to the City's waterfront resources, and a coastal management element encouraging the preservation of recreational and commercial working waterfronts, marinas, and other water-dependent facilities. A new Clearwater Aquarium in downtown Clearwater will facilitate the City achieving its long-term plans for redeveloping and revitalizing its downtown and creating a master plan for Coachman Park. Therefore, in order to allow the use of the property for an aquarium and allow a 60 year lease term, an amendment to the City Charter to add a new section 2.01(d)(8) is recommended. In response to questions, the City Attorney said the 2015 date was intended to provide an ending date to enter into an agreement. Staff anticipates the City will have a lease early next year. There was consensus to amend the agreement date to June 15, 2015. Staff was directed to the ordinance to read as follows: 1) Page 2, sixth Whereas clause, "...Island Estates is a primarily residential community and the footprint of CMA's Island Estates location is limited and cannot contain WDTA should," and 2) Page 3, last Whereas Work Session 2013-06-03 14 clause, "...the citizens of Clearwater to promote redevelopment and tourism by amending the Charter to permit..." 9. City Manager Verbal Reports — None. 10. Closing Comments by Mayor— None. 11. Adjourn The meeting adjourned at 2:49 p.m. Work Session 2013-06-03 15