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10/14/2013 CITY COUNCIL WORK SESSION MEETING MINUTES CITY OF CLEARWATER October , Present: Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Doreen Hock-DiPolito (Arrived 3:58 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. 1. Presentations — Given. 1.1 Service Awards One service award was presented to a city employee. 1.2 Police Officer Oaths The City Clerk administered the Oath of Office to Stephen Paul Baris, James Donell Campbell, Kelly Erin Hogan, and Matthew David Richmond. 1.3 Performance Measurement Presentation - Erin McCarthy, Intern to City Manaqer; Jill Silverboard, Assistant City Manaqer; Robin Gomez, City Auditor; Dan Mayer, I.T. Director Assistant City Manager Jill Silverboard provided a PowerPoint presentation. Staff reviewed potential external and internal systems available to track several departmental performance measures that could be used to benchmark against other municipalities. Staff recommends developing the current internal system used by departments that aligns with the Council strategic vision. The internal system will track data that is meaningful to each department, all within existing resources. Staff anticipates a twelve- month timeline to finalize department dashboards, publish measures to the budget, and report to citizens and businesses. Staff will eventually incorporate an external system in Work Session 2013-10-14 1 order to continue benchmark efforts. IT Director Dan Mayer said staff will develop a standardized dashboard for each department that features measures reported to the public. City Auditor Robin Gomez said the internal system will incorporate public input to determine relevance to customer's interests and service expectations. In response to questions, Mr. Mayer said purchasing an external system, such as the one offered by ICMA (International City/County Management Association), will require purchasing the license and entering the data. ICMA will dictate the variables/measures and staff will enter those data sets. The estimated cost to the City for participating the Florida Benchmarking Consortium is $8,000. The basic program offered by ICMA is approximately $1,200 annually. Ms. Silverboard said ICMA offers other benchmarking areas, such as economic development, at an additional cost. The City Manager said Council will need to place value on comparing Clearwater to other cities, which in the past has not been a factor when determining how the City operates and provides services. Council recessed from 1:38 p.m. to 1:41 p.m. to meet as the Pension Trustees. 2. Economic Development and Housing 2.1 Recertify Largo Area Housing Development Organization, Inc. and certify Homes for Independence, Inc. as City of Clearwater Community Housing Development Organizations and authorize the appropriate officials to execute same. (consent) A Community Housing Development Organization is a private, non-profit, community-based service organization whose primary purpose is to provide and develop decent, affordable housing for the community it serves. To assist in achieving these purposes, the City of Clearwater, under the HOME Investment Partnership (HOME) Program must reserve not less than 15% of their HOME allocations for investment in housing to be developed, sponsored, or owned by Community Housing Development Organizations (CHDOs). Homes for Independence, Inc. is a Florida not-for-profit corporation, acting as incorporator of a corporation pursuant to Chapter 617, Florida Statutes established with the purpose to serve as a Community Development Housing Organization and as such to develop integrated affordable housing for low and moderate income people with the guidelines of the HOME Program. Homes for Independence, Inc. (HFI) is the housing branch of Abilities Inc. of Florida. HFI and Abilities own and operate 28 subsidized rental units in the City. Properties purchased with any money by the City will remain affordable for a minimum of 30 years and will assist in stabilizing neighborhoods and provide a continuing source of quality affordable rentals. HFI will set aside 100% of the units for use by households at or below 80% of the area median income. Work Session 2013-10-14 2 Largo Area Housing Development Corporation (LAHDC) is a Florida not-for-profit corporation established as a 501 c 4 organization as determined by the Internal Revenue Service. The primary purpose of the Corporation is to further the economic development of the community with emphasis on promoting, assisting and developing affordable housing, principally for low and moderate income households. The Corporation may acquire, develop and sell property in order to promote and assist in the production of affordable housing. LAHDC has built several homes in the City over the previous years. In response to questions, Economic Development and Housing Director Geri Campos Lopez said the Largo Area Housing Development works in the City's Lake Belleview area. Housing Manager Mike Holmes said Homes for Independence is located on Whitney Road, in the unincorporated area. Ms. Campos Lopez said the community would not be aware of a nonprofit seeking these funds for property acquisition or rehabilitation. 2.2 Approve a Community Housing Development Organization Agreement with Pinellas County Habitat for Humanity Community Housing Development Organization, Inc. to acquire and develop affordable housing units in the amount of$120,351; recertify the agency as a City of Clearwater Community Housing Development Organization, and authorize the appropriate officials to execute same. (consent) A Community Housing Development Organization is a private, non-profit, community-based service organization whose primary purpose is to provide and develop decent, affordable housing for the community it serves. To assist in achieving these purposes, the City of Clearwater, under the HOME Investment Partnership (HOME) Program must reserve not less than 15% of their HOME allocations for investment in housing to be developed, sponsored, or owned by Community Housing Development Organizations (CHDOs). Pinellas County Habitat for Humanity Community Housing Development Organization, Inc. (Habitat CHDO) is a Florida not-for-profit organization established to provide decent housing that is affordable to low to moderate-income families and to further the affordable housing mission of Habitat for Humanity of Pinellas County, Inc. On September 11, 2011, Habitat CHDO applied for a designation as one of the City's eligible CHDOs and for funding to develop affordable housing. The City approved their application for designation as a CHDO and recertified them as a CHDO. Once designated as a CHDO, the agency must annually request a recertification. The agency has now submitted another application for recertification. Work Session 2013-10-14 3 In addition to the recertification request, the agency has requested funding to build a new single-family home on property where the existing substandard structure was demolished. Staff is recommending a loan to the CHDO in the amount of $120,351. The City will make funding from the Fiscal Year 2011-2012 HOME Program CHDO allocation in the amount of$75,049 and the Fiscal Year 2012-13 allocation in the amount of$45,302 for a total allotment of$120,351.The proposed redevelopment project is located at 1431 Park Street. The site is located in the East Gateway District Neighborhood Revitalization Strategy Area and will serve to increase homeownership opportunities as per the CRA's goals. 2.3 Approve a grant of$75,000 in General Fund Reserves to be set aside as a commitment as the local government contribution that is required for applicants to participate in the State of Florida's Low Income Housing Tax Credit Program (LIHTC) to Garden Trail Apartments 2013 LLC (Garden Trail), a proposed 76 unit new affordable family rental housing development to be developed by Southport Development, Inc.; and authorize the appropriate officials to execute same. (consent) On August 28, 2013, the City's Economic Development and Housing Department released a Request for Applications (RFA) for projects seeking a local government contribution to apply for the Fiscal Year 2013-14 State of Florida Low Income Housing Tax Credit Program (LIHTC). The City received five proposals on September 19, 2013. Four applications were delivered timely and one application was delivered after the 4:30pm published deadline. The selection committee, made up of Economic Development and Housing and Planning and Development staff, met and ranked the applications through its published ranking process. The ranking criteria and total score spreadsheet is attached. The committee ranked the projects in the following order: 1. Garden Trail Apartments, by Southport Development, 76 units-family (Garden Ave. and Eldridge St.) 2. Prospect Park Apartments, by Atlantic Housing Partners, 95 units-family (Laura St. and MLK Ave.) 3. Heritage at Cleveland, by NuRock Development Partners, 75 units-elderly (Cleveland and Madison) 4. Vista City View, by NuRock Development Partners, 60 units-family (Myrtle and Pierce) Work Session 2013-10-14 4 ***Prospect Lake Reserve, by Sunshine Development Group, 64 units-family (MLK Ave. and Pierce St.); Application was disqualified due to not meeting published deadline. The top recommended project is Garden Trail Apartments and consists of 76 one, two and three-bedroom units located in five buildings that will serve the family demographic. Some of the amenities in the project include a swimming pool, clubhouse, grill area and playground. Resident programs will include after-school programs for children, employment assistance counseling, and literacy training. The subject site is located at the northeast and southeast corners of Garden Avenue and Eldridge Street in the North Greenwood Neighborhood Revitalization Strategy Area. The proposed development team is Southport Development, Inc. (Developer), Vaughn Bay Construction, Inc. (Contractor), and Architectonics Studio (Architect) who has successfully worked together on the development of more than 10 affordable housing communities over the past 5 years. The estimated total development cost is $11.5 million. Staff is recommending a funding commitment to Garden Trail as the top-ranked project using $75,000 from General Fund Reserves and/other Housing Division funds if available at the time of project award. According to LIHTC program rules, only one project per Large County will be funded for development through this tax credit cycle. Staff does not recommend commitments to the second, third, fourth-ranked and disqualified projects. While the second-ranked project proposed a mixed-income and mixed-use project, the breakout of 80% affordable and 20% market rate does not meet the goal of the CRA to increase family incomes in this area. In addition, a higher density project that encompassed the entire site is desired. As proposed, the project only covers approximately half of the site. The third and fourth-ranked project, and the disqualified project, all proposed only low-income housing on their sites with no mixed-income components. These projects did not meet the overarching policy perspective, that a mixed-income project (both market rate and affordable units) is preferred in the Downtown Core, Town Lake Business, and Town Lake Residential Character Districts to create a strong market to support the retail/restaurant, technology workforce, and event recruitment efforts in the Cleveland Street District (Clearwater Downtown Redevelopment Plan). Staff would not recommend any incentives to build LIHTC- type projects at these locations. The application period for the LIHTC Program for Large Counties (Duval/Hillsborough/Orange/Pinellas) opened on September 19 with applications due October 30, 2013. The final board approval is scheduled for December 13, Work Session 2013-10-14 5 2013. If no City of Clearwater projects are funded, the commitment for General Fund Reserves would be released. As background, the Low Income Housing Tax Credit Program is governed by the U.S. Department of Treasury under Section 252 of the Tax Reform Act of 1986 and Section 42 of the Internal Revenue Code, as amended. The program was established to provide for-profit and non-profit organizations with a dollar-for-dollar reduction in federal tax liability in exchange for the acquisition and substantial rehabilitation or new construction of low and very low-income rental housing units (60% of the Area Median Income and below with a set aside for 40% of AMI and below). In this application cycle, the minimum value of contributions required from a government agency for a Tax Credit Program application to receive the maximum points is $75,000. It is the city's understanding that in order to meet this requirement, the local government needs to make a commitment to each project they are supporting. The balance in General Fund reserves is approximately $18 million, or 15.7% of the 2013/14 General Fund operating budget. In response to questions, Economic Development and Housing Director Geri Campos Lopez said Pinellas, Hillsborough, Duval and Orange counties are in a pool as part of a large county; only one project per county will be funded. The Garden Trail Apartments is 100% affordable family housing and located in a primarily residential area. The Prospect Park Apartments proposes a mixed-use project that will be 80% affordable housing and 20% market rate. The affordable units will be limited to 60% of the area median income and below for families. The rents are regulated by HUD and the Internal Revenue Service. The rent for a 3-bedroom/2-bath affordable housing unit would be approximately $722. Staff was directed to take Item 2.3 off the Consent Agenda. 3. Fire Department 3.1 Award a contract (purchase order) to Pierce Manufacturing Inc. of Appleton, WI, in the amount of$503,752.00, for the purchase of 1 new Pierce Heavy Duty Velocity Pumper in accordance with Sec. 2.564 (1)(d), Code of Ordinances, Other governmental bid, and authorize the appropriate officials to execute same. consent The Department desires purchasing a heavy-duty front line pumper (engine) to replace Engine 47, purchased in 1999, and moving the current Engine 47 to the reserve fleet to maintain required reserve units. Work Session 2013-10-14 6 The full price for one fire engine is $519,752.00. The manufacturer has offered a discount of$16,000 if paid for in full at time of order. The department desires to take advantage of this discount. A performance bond has been provided. The current CIP project 91218, Fire Engine Replacement, has $528,680 of Penny III funding available. The City will be reimbursed by the County for a portion of the purchase, approximately 11%, as the vehicle will support fire operations in the unincorporated areas of the Clearwater Fire District. The Department has determined the Pierce Heavy Duty Velocity Pumper built by Pierce Manufacturing meets the operational needs of the Department. Estimated annual operating costs in the department's annual operating budget include fuel and routine garage charges for operating the new vehicle. Garage charges on the new vehicle are expected to be less than on the replaced vehicle. This purchase is a piggyback of Lake County Contract 08-0803. The Pierce fire engine is the City of Clearwater Fire and Rescue Department standard for the purpose of training and maintenance. Custom components have been added to meet the needs of the fire district and surrounding municipalities. Warranty: Limited 1 year warranty for 12 months free of defects in material and workmanship; 3 year warranty on the Impel/Velocity custom chassis; lifetime on chassis frame crossmembers, Imp/Vel; 5 year on EVS transmission; 5 years on command zone components, Chassis, Vel/Impel/Qtm/AXT; lifetime on UPF and water tank; 5 years on waterous (pump); 10 year on S/S plumbing and standard paint; 10 yrs or 100,000 on vehicle cab and body; and 5 year or 100,000 mile warranty on engine provided by Cummins. Maintenance: Ten-8 Fire Equipment, Inc., a full service apparatus repair facility, will perform all of the warranty work. Our City's General Services Division will perform routine maintenance and testing. Annual pump testing will be performed by our Logistics Bureau in accordance with NFPA standards. Any additional repairs can be contracted through Ten-8 at an additional cost per their service fee schedule. A heavy-duty velocity pumper provides exceptional pumping water capability, enhanced storage capability, lower vehicle profile and will significantly up-grade the abilities of the engine it replaces. Work Session 2013-10-14 7 The proposal for fire apparatus conforms to all Federal Department of Transportation (DOT) rules and regulations in effect at the time of bid and with all National Fire Protection Association (NFPA) Guidelines for Automotive Fire Apparatus as published at the time of bid, except as modified by customer specifications. Pierce Manufacturing operates a Quality Management System under the requirements of ISO 9001. The apparatus will meet the current NFPA 1901 recommendations and will maintain design and operational features consistent with the department's needs. 4. Human Resources 4.1 Provide the annual update to City Council of the performance of the Employee Health Center. (WSO) The Employee Health Center opened in July 2010 and this presentation provides City Council the current performance measures of the facility. Human Resources Director Joe Roseto provided a PowerPoint presentation. In response to questions, Mr. Roseto said the Employee Health Center pharmacy utilization is 29% better than the average public sector accounts with Cigna. Gehring Group representative Kurt Gehring said the costs for specialists are two to three times more than a primary physician. 4.2 Authorize the funding of City medical insurance and authorize the City to negotiate and finalize a contract between the City and Cigna Healthcare for administrative services under a partial self-insured funding arrangement for the period of January 1, 2014 to December 31, 2014 at a total cost not to exceed $15.8 million, to be funded through city budgeted funds, payroll deduction of employee premiums, and reserves from the City's Central Insurance Fund. consent For plan year 2013, the City modified its medical insurance from a fully-insured arrangement to a partial self-insured arrangement with a one-year contract for third-party administrative services to be provided by Cigna Healthcare. The City's Agent of Record, the Gehring Group, provided an actuarially supported renewal based on the City's claims trending and projected an increase of 8.9% in funding of the plan would be necessary to meet the claims and administrative cost obligations of the plan while maintaining the plan design in effect for 2013. The proposed renewal would continue to incorporate the requirement of employee participation in a Personal Health Assessment through the City's Employee Health Center in order to receive an incentive in the form of a richer schedule of benefits. Work Session 2013-10-14 8 The City's Benefits Committee voted unanimously to recommend to City Council that the proposed plan design, rates, and Personal Health Assessment requirement be maintained and that Cigna be retained as administrator of the City's account for 2014. Staff concurs with the Benefits Committee recommendations. The cost of implementing this plan option would result in an increase to the City's contribution of an estimated $1,093,000, or 7.9%, for calendar year 2014 versus the prior year. The total estimated calendar year 2014 cost would be approximately $15.65 million ($12.13 million City share, $3.52 million employee/retiree/cobra share). For fiscal year 2014, the City has budgeted $11,096,000 for approximately 1,483 full time positions for the City's share of medical insurance coverage. The City's estimated share of actual expenses for fiscal year 2014 per this recommendation is estimated at $11,879,000. The difference of$783,000 would be funded from Central Insurance Fund reserves per this recommendation. This recommendation maintains the current funding strategy for City contributions to health care premiums representing 100% of the cost for Employee Only, 75% of the cost for Employee plus One, and 68% of the cost for Employee plus Family coverage. Human Resources Director Joe Roseto provided a PowerPoint presentation. In response to questions, Mr. Roseto said employees who complete a Personal Health Assessment (PHA) will receive the better schedule of benefits. Consideration is being given to mandate the PHAs and participation in programs that address risk factors to receive the better schedule of benefits or provide monetary incentives for out-of-pocket expenses beginning in 2015. 5. Parks and Recreation 5.1 Approve a request from the North American Vehicle Rescue Association (NAVRA) to add a new City Co-Sponsored event entitled World Rescue Challenge (WRC) to be held from October 28, 2013 through November 3, 2013 at Coachman Park and the Harborview Center parking lot; waive fees, at an estimated cost of$33,328.04 ($8,155 of existing budgeted in-kind contributions and $25,173.04 of unbudgeted in-kind contributions); and transfer $25,173.04 from retained earnings at first quarter to the appropriate departments outlined in this agenda item. (consent) Work Session 2013-10-14 9 According to City Council Policy, Item M, 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 is brought before the City Council at the beginning of the budget process each fiscal year. In the event additional money is requested beyond what is included in the approved budget, City Council approval will be needed. NAVRA sponsors and conducts events that will bring 31 rescue teams (6 - 8 members per team) and 15 two-person trauma teams from 20 countries to compete and challenge their skills in freeing trapped victims in mock vehicle accidents. NAVRA (Special Event Permit 14-011) has requested that the City co-sponsor this event and provide in- kind costs totaling $33,328.04. Approximately $8,155 of in-kind services come from waiver of fees and other services already budgeted for and available for this event. In addition, $25,173.04 is needed to support the following departments since these funds were not included in the Fiscal Year 2013/14 operating budget. Fire Department: $4,140.00 Parking: No anticipated fees Parks and Recreation: $19,252.80 Police Department: $370.64 Risk Management: No anticipated fees Special Events. $1,409.60 Funding for this event will be provided by a first quarter budget amendment allocating General Fund reserves in the amount of$25,173.04. The balance in General Fund reserves is approximately $18 million, or 15.7% of the 2013/14 General Fund operating budget. In response to questions, Parks and Recreation Director Kevin Dunbar said the annual event is being hosted in Clearwater this year. Staff was directed to take Item 5.1 off the Consent Agenda. It was suggested that staff include a running total for items funded through reserves. 5.2 Approve a one-year Agreement with Coordinated Child Care and the City of Clearwater, commencing October 1, 2013 through September 30, 2014, for funding of youth programs, at a rate of$17.16 per child, per day and authorize the appropriate officials to execute same. (consent) Since 2000, the City has received funding from JWB Children's Services Council to provide after school and summer programming for youth in Clearwater. Once again, the City has been awarded funding for youth programming for Fiscal Year 13/14 from Coordinated Child Care, which is the administrative service agency used by JWB to distribute and oversee these funds. Rather than funding a set Work Session 2013-10-14 10 amount for the program, this Agreement will pay $17.16 per child, per day. The rate increased from $13.26 last year since we are now licensed by the Pinellas County Licensing Board. From past history, this will amount to approximately $175,000 per year and serve approximately 100 youths that meet the program criteria. A first quarter budget amendment for $175,000 will be made to 181- 99872. Charting a Course for Youth is a program developed to nurture youngsters at the Clearwater neighborhoods in which youth need the most direction. The program leaders have developed a safe haven for community youth ages 9 - 14 at Ross Norton and North Greenwood Recreation Complexes. The program is designed to incorporate exercise and nutrition based activities in an after school and summer camp setting, to encourage healthy lifestyle choices, improve social skills, increase athletic abilities, and develop leadership skills of the participants. Academic enrichment curriculum is also included in the program. There is no requirement to continue the program when the grant ends. 5.3 Parks and Recreation Master Plan Interim Report (WSO) Administrative Support Manager Felicia Leonard provided a PowerPoint presentation. The City's demographic analysis shows 31.5% of Clearwater's population is 60 years old or older. The City's median age is 43.8; the second oldest city in the nation. Five community workshops have taken place. A majority of the participants supported the idea of charging higher fees to individuals living outside of Clearwater for participating in recreation programs. In general, there is a lack of support for any budget reductions. A mail survey is underway. Staff will incorporate the survey results with feedback received at the workshops into the Master Plan. In response to questions, Ms. Leonard said workshop participants expressed a preference for the Department to follow a human services model, where services are supported by the government and not by a paid fee for service structure. Parks and Recreation Director Kevin Dunbar said the survey used in the workshops questioned participants on their preference for a reduction in neighborhood parks with greater volumes of playground equipment that serve various age groups. The City's older demographics is increasing the need to offer recreation equipment for older individuals. The need to build playgrounds for children has decreased. It was suggested that survey questions include how much individuals are willing to increase property taxes for parks and recreation. 5.4 Amend the Community Development Code, Division 24, Public Art and Design Program Sections 3-2401: Public Art and Design Program; 3-2405: Public Art Work Session 2013-10-14 11 and Design Allocations for Private Construction Projects and Developments; and 3-2406: Ownership and Maintenance, and pass Ordinance 8481-13 on first reading. An amendment to the Community Development Code that will transition, from mandatory to voluntary, participation in the Public Art Program for private development projects that equal or exceed an Aggregate Job Value of$5 million dollars ($5,000,000). There is a history of private development projects voluntarily investing in public artwork that predates the City Council's adoption of the Public Art and Design Program. Staff is comfortable that voluntary participation in public art will continue. Therefore, staff is recommending that the Community Development Code be amended to make the private developer participation in the Public Art Program voluntary. Development projects that wish to forgo the installation of public artwork, yet still wish to contribute to the City's cultural capital, will be encouraged to donate to the City's Public Art Fund, which is used to enhance existing City Capital Improvement Project (CIP) allocations for public artwork and to support Special Initiative projects that are not funded through CIP allocations. The City's appropriation of CIP funds for public art will continue with no amendments or modifications. The City will continue to assist developers with the identification and commission of public artists for public art installations. The Community Development Board unanimously approved the proposed amendments to the Community Development Code at its September 17, 2013 meeting. Public Art and Design Program Guidelines will be amended by the Public Art and Design Board at its December 11, 2013 board meeting. In response to questions, Recreation Specialist Christopher Hubbard said the public art project next to the Sandpearl was voluntary and installed prior to the ordinance. Baycare and Shephard's Beach Resort are voluntarily including public art in their upcoming projects. The City Attorney said few communities have a mandatory art program. Assistant City Attorney Laura Mahoney said the Supreme Court decided an exaction of monetary nature would need to have a nexus on the impact on the property, like any condition for building permit. It was presumed to be valid but a recent case heightened the scrutiny and shifted the burden to the city. 5.5 Approve a one-year renewal of Blanket Purchase Order BR 506827 with Grosz Construction Co., Inc. of Tampa, FL, in the amount of$200,000 for the purchase of labor, materials and equipment to perform various concrete projects including sidewalks, slabs, and curbs for a variety of parks and recreation maintenance and construction projects. (consent) Work Session 2013-10-14 12 Staff is requesting that Blanket Purchase Order BR 506827 be renewed to Grosz Construction Co., Inc. of Tampa, FL who was the lowest most responsive bidder (Bid 24-10) for concrete sidewalks and flatwork in 2010. With over 100 parks in the city, there is a steady supply of minor work projects needed to repair sidewalks and bike paths in parks, construct and repair bleacher pads, dugouts and flatwork at ballfields and parks. It is difficult and time consuming to get quotes and/or bids for each small project and staff finds better pricing by going with larger contracts/BPO's. Any large construction project that exceeds the $50,000 limit will be bid out separately according to current City policy and if over $100,000, brought before the Council for approval. Grosz Construction Co., Inc. has been very responsive to the City's needs this past year and after researching current costs for concrete work, staff discovered that the original bid price is still very competitive and lower than the competition. This is the third and final year that this Blanket Purchase order can be renewed. Funding for this BPO will come from a variety of operating and Capital Improvement codes in the Parks and Recreation Department. The Council recessed from 3:01 p.m. to 3:09 p.m. The City Attorney departed at 3:01 p.m.; Assistant City Attorney Leslie Dougall-Sides arrived. 5.6 Approve Agreement between the School Board of Pinellas County and the City of Clearwater through August 23, 2014 for the City to utilize Pinellas County School buses at a cost of$1.25 per mile plus $26.50 per hour, for a total estimated cost of$50,000 and authorize the appropriate officials to execute same. (consent) The Parks and Recreation Department organizes field trips requiring bus transportation for participants. The Pinellas County School System (PCSS) allows municipalities to utilize their fleet of buses and drivers for $1.25 per mile plus $26.50 per hour for driver with a five-hour booking minimum. During the summer of 2014, the department will organize approximately 130 field trips that may utilize school bus transportation. Comparing a sampling cost of school buses for these trips against the use of private bus lines indicates school buses are a less costly mode of transportation, in most cases. During the past year the Department utilized the school buses for field trips at a cost of approximately $25,000, with the per mile and per hour charge the same as proposed in this agreement. Approval of this Agreement will provide staff with a larger number of options when determining the most cost effective source of transportation for participants. The Agreement is similar to Agreements between the Pinellas County School Board and other Pinellas County municipalities that utilize school Work Session 2013-10-14 13 bus transportation. The Recreation Programming Division's Operating Budget contains sufficient funds to cover the costs associated with this Agreement. 6. Engineering 6.1 Accept the proposal from Construction Manager at Risk Keystone Excavators, Inc., of Oldsmar, Florida for the construction of approximately 1570 feet of gabions in Stevenson's Creek for the guaranteed maximum price of $1,491,820.00, and authorize the appropriate officials to execute same. consent On June 6, 2013, the Council approved the use of 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. These firms were selected in accordance with Florida Statutes 255.103 and 287.055 under Request for Qualifications 15-13 based upon construction experience, financial capability, availability of qualified staff, local knowledge and involvement in the community. This contract will provide for the construction of gabion walls along a portion of Stevenson's Creek. The construction duration for the project is 270 days, commencing in November 2013. Future maintenance of the gabions will be provided by existing Stormwater Maintenance staff, same as for the existing channel where the gabions will be constructed. There will be neither additional staff requirements nor additional operating impacts for this project. The Project is cooperatively funded by Southwest Florida Water Management District (SWFWMD) up to $600,000 or a maximum of 50% of the costs. A first quarter budget amendment will transfer$396,362.25 from Capital Improvement Program (CIP) 0315-96124, Storm Pipe System Improvements to CIP 0315-96181, Jeffords Street Channel. Sufficient funding is available in CIP 0315-96181, Jeffords Street Channel, in the amount of$1,095,457.75 for total funding of$1,491,820. Work Session 2013-10-14 14 In response to questions, Stormwater Manager Elliot Shoberg said the gabions were installed in 1996 and have met their average lifespan. The new gabions are made of different materials and are expected to last longer. 6.2 Approve a purchase order (contract) to Pinellas County Solid Waste in the amount of$250,000.00 for the disposal of solid waste at the Pinellas County waste to energy plant/landfill for the period November 1, 2013 through October 31, 2014 as provided in the City's Code of Ordinances, Section 2.564(1)(d), Services provided by Other Governmental Entities, and authorize the appropriate officials to execute same. (consent) Pinellas County operates the only waste to energy plant/landfill in the county. The NPDES (National Pollutant Discharge Elimination System) permit that Stormwater Maintenance operates under requires the proper disposal of all debris generated from the street sweepers, debris from vaccon operations and ditch/catch basin cleaning, at a landfill disposal site. Pinellas County has maintained a $37.50 per ton rate for over 15 years. Sufficient budget is available in the Stormwater Utility Fund operating cost center 0419-02090-543500-539-000-0000 to fund the current year cost of the purchase order. 7. Planning 7.1 Approve the Future Land Use Map Amendment from Residential Urban (RU), Preservation (P) and Water/Drainage Feature (Water) (Pinellas County) to Residential Medium (RM), Preservation (P) and Water/Drainage Feature (Water), for property located at 2200 and 2251 Montclair Road (consisting of a portion of the Southwest of the Northwest of Section 6, Township 29 South, Range 16 East) together with the abutting rights-of-way, less North Belcher Road, and right-of-way to the west of the Montclair Road right-of-way: and pass Ordinance 8410-13 on second reading.(LUP2013-04002) This future land use map amendment involves two parcels comprising approximately 23.75 acres in area located on the west side of North Belcher Road between Sunset Point Road and Montclair Road. This property was annexed into the city on August 14, 2013 (ANX2013-04007), along with the abutting Sunset Point Road and Montclair Road rights-of-way, as well as additional Montclair Road right-of-way to the west of the property. The western parcel (11.23 acres), addressed as 2200 Montclair Road, is owned by David B. and Sharon Webb and contains a single family home and one building associated with the wholesale plant nursery. The eastern parcel (12.52 acres), addressed as 2251 Montclair Road, is owned by Webb's Nursery, Inc., and is currently used as a wholesale Work Session 2013-10-14 15 plant nursery with two buildings and planting areas. Both parcels contain preservation land and portions of Beckett Lake, totaling approximately 7.9 acres. This future land use plan amendment and the companion rezoning (REZ2013- 04002) was passed on first reading by City Council on July 18, 2013. Ordinance 8410-13 was amended on first reading to remove the Belcher Road right-of-way (less North Belcher Road) because after the public hearing notice ran in the newspaper it was determined the property could not be annexed into the city. In order to ensure that the ordinance is clear regarding which rights-of-way are being annexed, a motion to amend is proposed to include a more accurate legal description of the right-of-way. Additionally, staff is requesting that Council approve a revised Exhibit B (Future Land Use Map) which reflects the boundaries of the land to be designated Preservation (P) based on the approved jurisdictional wetland survey provided for the eastern parcel (part of the proposed motion to amend on second reading). In accordance with the Countywide Plan Rules, as well as Chapter 163, Florida Statutes, the amendment was transmitted to both the Pinellas Planning Council and the Board of County Commissioners acting as the Countywide Planning Authority, as well as the Florida Department of Economic Opportunity for review and approval. The Pinellas Planning Council recommended approval of the amendment at their hearing on September 11, 2013, and the amendment will be considered by the Board of County Commissioners acting as the Countywide Planning Authority (CPA) at its public hearing on October 8, 2013. The Planning and Development Department will report the CPA's final determination at the October 14, 2013 City Council work session. The Florida Department of Economic Opportunity identified no comment related to important state resources and facilities; similarly, the Department of Environmental Protection, the Southwest Florida Water Management District, and the Tampa Bay Regional Planning Council raised no objections. The Planning and Development Department has determined that the proposed future land use map amendment is consistent with the Community Development Code as specified below: • The proposed amendments are consistent with the Comprehensive Plan, the Countywide Plan Rules, and the Community Development Code. • The proposed amendments are compatible with the surrounding property and character of the neighborhood. • Sufficient public facilities are available to serve the property. Work Session 2013-10-14 16 • The proposed amendments will not have an adverse impact on the natural environment. • The proposed amendments will not have an adverse impact on the use of property in the immediate area. • The available uses in the Residential Urban (RU) District are compatible with the surrounding area. The Community Development Board reviewed the land use plan amendment at its public hearing on June 18, 2013 and unanimously recommended approval. In response to a question, Planner Lauren Matzke said the portion of the county property is not part of this request; an application for annexation has not been submitted. Assistant City Attorney Leslie Dougall-Sides said there was a contiguity issue on the parcel. 7.2 Approve the Zoning Atlas Amendment from RPD-7.5, Residential Planned Development (7.5 UPA Max Density) category (Pinellas County) to Medium High Density Residential (MHDR) and Preservation (P) (City of Clearwater) for Property located at 2200 and 2251 Montclair Road (consisting of a portion of the Southwest of the Northwest of Section 6, Township 29 South, Range 16 East) together with the abutting rights-of-way, less North Belcher Road, and right-of- way to the west of the Montclair Road right-of-way: and pass Ordinance 8411-13 on second read ing.(REZ2013-04002) This Zoning Atlas amendment involves two parcels comprising approximately 23.75 acres in area located on the west side of North Belcher Road between Sunset Point Road and Montclair Road. This property was annexed into the city on August 14, 2013 (ANX2013-04007), along with the abutting Sunset Point Road and Montclair Road rights-of-way, as well as additional Montclair Road right-of- way to the west of the property. The western parcel (11.23 acres), addressed as 2200 Montclair Road, is owned by David B. and Sharon Webb and contains a single family home and one building associated with the wholesale plant nursery. The eastern parcel (12.52 acres), addressed as 2251 Montclair Road, is owned by Webb's Nursery, Inc., and is currently used as a wholesale plant nursery with two buildings and planting areas. Both parcels contain preservation land and portions of Beckett Lake, totaling approximately 7.9 acres. This rezoning and companion future land use amendment (LUP2013-04002) was passed on first reading by City Council on July 18, 2013. Ordinance 8411-13 was Work Session 2013-10-14 17 amended on first reading to remove the Belcher Road right-of-way (less North Belcher Road) because after the public hearing notice ran in the newspaper it was determined the property could not be annexed into the city. In order to ensure that the ordinance is clear regarding which rights-of-way are being annexed, a motion to amend is proposed to include a more accurate legal description of the right-of- way. Additionally, staff is requesting that Council approve a revised Exhibit B (Zoning Map) which reflects the boundaries of the land to be designated Preservation (P) based on the approved jurisdictional wetland survey provided for the eastern parcel (part of the proposed motion to amend on second reading). The Planning and Development Department has determined that the proposed future land use map amendment is consistent with the Community Development Code as specified below: • The proposed amendment is consistent with the Comprehensive Plan and the Community Development Code; • The proposed amendment is compatible with the surrounding property and character of the neighborhood; • The available uses in the Medium High Density Residential (MHDR) District and Preservation (P) District are compatible with the surrounding area; • The proposed amendment will not adversely burden public facilities, including the traffic-carrying capacities of streets, in an unreasonably or disproportionate manner; and • The proposed Medium Density Residential (MDR) District and Preservation (P) District boundaries are appropriately drawn in regard to location and classifications of streets, ownership lines, existing improvements and the natural environment. The Community Development Board reviewed the application at its public hearing on June 18, 2013 and unanimously recommended approval of the Zoning Atlas amendment. 7.3 Approve a Development Agreement between Enchantment, LLC and the City of Clearwater, providing for the allocation of 92 overnight accommodation units from the Hotel Density Reserve under Beach by Design; adopt Resolution 13-27, and authorize the appropriate officials to execute same. (HDA2013-08001) The 1.377-acre subject property is located at the southwest corner of Parkway Drive and South Gulfview Boulevard, which is within the Clearwater Pass District of Beach by Design. The property has two zoning designations, which are Tourist (T) District and Open Space/Recreation (OS/R) District. The land area zoned T District is 1.347 acres (58,671 square feet) and the land area zoned OS/R District is 0.03 acres (1 317 square feet). The site is currently developed with a six-story, 110-room hotel known as the Wyndham Garden of Clearwater Beach. The Work Session 2013-10-14 18 existing building is located toward the rear of the site, oriented east/west and with parking on the north and west sides of the building. On September 20, 2005, the Community Development Board (CDB) approved FLD2005-06057/TDR2005-07023 for the Termination of Status of Nonconformity for density to retain the existing 110 overnight accommodation units where the base density allows 67 units. The owners propose to utilize the existing 110- rooms obtained through the Termination of Status of Nonconformity for density while requesting an additional 92 hotel rooms from the Hotel Density Reserve through Beach by Design. The current proposal is to demolish the existing building and redevelop the site with a 202-unit overnight accommodation use (150 rooms per acre for the land zoned T District, including the allocation of 92 rooms from the Hotel Density Reserve). The building will be 150 feet (from Base Flood Elevation) to flat roof (14 stories) with the parking located within the first six levels. The proposed architectural style is contemporary coastal architecture, which is consistent with and complements the tropical vernacular envisioned in Beach by Design. Consistency with the Community Development Code: Minimum Lot Area/Width: The subject property has a lot area of 59,988 square feet (1.377 acres; 1.347 acres zoned T District and 0.03 acres zoned OS/R District). The lot width of the subject property is 240.64 feet. These are consistent with the applicable sections of the Community Development Code. Minimum Setbacks: The conceptual site plan depicts a front (north) setback of 15 feet, a side (west) setback of 15.2 feet, a side (east) setback of 15 feet (east), and a rear (south) setback of 20 feet. The proposed setbacks may be approved as part of a Level Two (FLD) application, subject to meeting the applicable flexibility criteria of the Community Development Code. Maximum Height: Pursuant to the Clearwater Pass District Character District standards of Beach by Design and that the owners are requesting 92 hotel rooms from the Hotel Density Reserve, the maximum height of the hotel can be up to 150 feet provided that there is no more than four buildings above 100 feet in height within 800 feet of the proposed building. The applicant has demonstrated that there are only three buildings 800 feet westward of the building's east facade that exceed 100 feet in height and that there are no buildings to the east of the building that exceed 100 feet in height. The buildings to the west of the subject building (proposed 150 feet in height from BFE) include the Continental Tower (105 feet in height from BFE) and the proposed Hampton Inn Building (134 feet in height from BFE). The height of the proposed building is consistent with the guidelines of Beach by Design. Work Session 2013-10-14 19 Minimum Off-Street Parking: The 202-room overnight accommodation use requires a minimum of 242 off-street parking spaces. There will be 244 parking spaces provided within the parking garage located on the first six levels of the building. This is consistent with the applicable sections of the Community Development Code. Landscaping: While a formal landscape plan is not required to be submitted for review at this time, the conceptual landscape areas depicted on the site plan show that a 15 foot wide perimeter landscape area will be provided along the north property line; a 15.10 foot wide perimeter landscape area will be provided along the west property line; a 15 foot wide perimeter landscape area will be provided along the east property line; and that a 20 foot wide perimeter landscape area will be provided along the south property line. The proposal should meet the required five-foot wide foundation landscape requirement. Since no perimeter landscape buffers are required in the T District, the proposed landscape areas exceed what is required. It is noted, however, that flexibility may be requested/necessary as part of a Comprehensive Landscape Program which would be reviewed at time of formal site plan approval. Consistency with Beach by Design: Design Guidelines: A review of the provided architectural elevations and massing study was conducted and the proposed building does appear to be generally consistent with the applicable Design Guidelines established in Beach by Design. It is noted, however, that a more formal review of these guidelines will need to be conducted as part of the final site plan approval process. Hotel Density Reserve: The project has been reviewed for compliance with those criteria established within Beach by Design concerning the allocation of hotel rooms from the Reserve. The project appears to be generally consistent with those criteria, including that the development comply with the Metropolitan Planning Organization's (MPO) countywide approach to the application of traffic concurrency management for transportation facilities. The submitted Traffic Impact Study concludes that traffic operations at nearby intersections and on adjacent roadways would continue at acceptable levels of service. Standards for Development Agreements: The proposal is in compliance with the standards for development agreements, is consistent with the Comprehensive Plan and furthers the vision of beach redevelopment set forth in Beach by Design. The proposed Development Agreement will be in effect for a period not to exceed ten years, meets the criteria for the allocation of rooms from the Hotel Density Reserve under Beach by Design and includes the following main provisions: Work Session 2013-10-14 20 • Provides for the allocation of 92 units from the Hotel Density Reserve; • Requires the developer to obtain building permits and certificates of occupancy in accordance with Community Development Code (CDC) Section 4-407; • Requires the return of any hotel unit obtained from the Hotel Density Reserve that is not constructed; • No full kitchens. No unit shall have a complete kitchen facility as that term is used in the definition of dwelling unit in the Community Development Code; • Requires a legally enforceable mandatory evacuation/closure covenant that the hotel will be closed as soon as practicable after a hurricane watch that includes Clearwater Beach is posted by the National Hurricane Center; • That no unit in the project shall be used as a primary or permanent residence. At least 150 units (75 percent) shall be required to be submitted to a rental program or reservation system requiring those hotel units to be available to overnight hotel guests on a transient basis at all times. Developer will use reasonable efforts to encourage owners of"ownership units' to voluntarily submit their unit to a rental program or reservation system requiring it to be available to overnight hotel guests on a transient basis when the unit is not occupied by the owner; and • Provides language that will allow 52 units (25 percent) to be used as ownership units. Staff recommends that prior to a decision on the agreement that clarity be provided as to what percentage of units may be used for ownership units. Staff recommends that Council clarify if one of the following proposed criteria be used: • That a percentage of the 67-units permitted by the base density (50 units per acre) may be used as ownership units; or • That a percentage of the 67-units permitted by the base density (50 units per acre) and the 43-units accorded through the Termination of Status of Nonconformity for density may be used as ownership units; or • That a percentage of the total number of proposed units (202), the 67-units permitted by the base density (50 units per acre) plus the 43-units accorded through the Termination of Status of Nonconformity for density plus the 92 units obtained from the Hotel Density Reserve, may be used as ownership units. Furthermore, at the direction of the City Council, that language be added to the development agreement that limits amplified music. The Developer agrees that there shall be no outdoor amplified music at the Project after 11:00 p.m. on Sunday through Thursday, or after 12:00 midnight on Friday and Saturday. Work Session 2013-10-14 21 Changes to Development Agreements: Pursuant to Section 4-6061, CDC, a Development Agreement may be amended by mutual consent of the parties, provided the notice and public hearing requirements of Section 4-206 are followed. Revisions to conceptual site plans and/or architectural elevations attached as exhibits to the Development Agreement shall be governed by the provisions of Section 4-406, CDC. Minor revisions to such plans may be approved by the Community Development Coordinator. Other revisions not specified as minor shall require an amendment to this Development Agreement. In response to a question, Planner Kevin Nuremberger said Council did not provide a determination on the ownership units during the last public hearing. The City Clerk said Council could not take action at the last hearing; all action was deferred to Wednesday, October 16. 7.4 Provide direction on the proposed Development Agreement between Mainstream Partners VIII, LTD (the property owner) and the City of Clearwater, providing for the allocation of 100 units from the Hotel Density Reserve under Beach by Design and confirm a second public hearing in City Council Chambers before City Council on November T2013 at 6:00 p.m., or as soon thereafter as may be heard. (HDA2013-08004) Site Location and Existing Conditions: The 1.60-acre site (including a 35 foot by 240-foot portion of the South Gulfview Boulevard right-of-way) is bound by South Gulfview Boulevard (west), Coronado Drive (east) at the intersection of Coronado Drive and Brightwater Drive. The subject property is comprised of two parcels with a frontage of approximately 244 feet along South Gulfview Boulevard and 355 feet of frontage along Coronado Drive. The larger of the two parcels sites is occupied by the Beachview Inn, a 64- unit overnight accommodation use built in 1982 (according to Pinellas County Property Appraiser records). The second parcel is occupied by an attached dwelling unit with five units built in 1954 (also according to Pinellas County Property Appraiser records). The subject property is zoned Tourist (T) District with an underlying Future Land Use Plan (FLUP) category of Resort Facilities High (RFH). The subject property is also located within the Beach Walk district of Beach by Design. Access to the portion of the site occupied by the attached dwelling unit is provided by a narrow driveway along Coronado Drive. The larger parcel is accessed via pair of two-way driveways along Coronado Drive. Parking is Work Session 2013-10-14 22 provided along the east side of the site. The hotel building is located along the west side of the site. The attached dwelling building is centrally located on its parcel. A pool area is located at the southwest corner of the larger parcel. The site enjoys direct access to Beach Walk. The immediate area is characterized by a variety of uses including overnight accommodation, retail, outdoor recreation and entertainment, restaurant and attached dwelling uses with heights ranging from one to 15 stories. The City's Beach Walk project has been constructed transforming South Gulfview Boulevard to the west of this site into a winding beachside promenade with lush landscaping, artistic touches and clear views to Clearwater's award-winning beach and the water beyond. Development Proposal: The owners propose to utilize the otherwise permitted density of 50 units per acre or 80 units and incorporate an additional 100 units from the Hotel Density Reserve through Beach by Design resulting in a total of 180 units (113 units per acre). The current proposal is to demolish all structures on the site and redevelop the site with a 180-unit overnight accommodation use (113 rooms per acre, including the allocation of 100 rooms from the Hotel Density Reserve). The building will be 146 feet (from Base Flood Elevation) to flat roof with parking on the first three levels. The proposal includes a tropical modern architecture, which is consistent with and complements the tropical vernacular envisioned in Beach by Design. Consistency with the Community Development Code: Minimum Lot Area and Width: Pursuant to CDC Table 2-802, the minimum required lot area and width for an Overnight Accommodation use is 20,000 square feet and between 100 and 150 feet, respectively. The subject property is 69,969 square feet in area and approximately 244 feet wide. The site is consistent with these Code provisions. Minimum Setbacks: The conceptual site plan depicts setbacks of zero feet to building along the front (east and west) along Coronado Drive and South Gulfview Boulevard, respectively and sides (west, south and north). The proposed setbacks may be approved as part of a Level Two (FLD) application, subject to meeting the applicable flexibility criteria of the Community Development Code. Maximum Height: Section B of the Design Guidelines within Beach by Design specifically addresses height. The proposal provides for a building 146 feet in height as measured from BFE where a height of up to 150 feet is permitted as prescribed by the CDC, where additional density is allocated to the development either by TDRs, via the Destination Resort Density Pool pursuant to the CRD Work Session 2013-10-14 23 designation, or via the Hotel Density Reserve where the subject property is located between South Gulfview Boulevard and the Gulf of Mexico or on the west side of Coronado Drive. Density is proposed to be augmented through the use a 100 units from the Hotel Density Reserve and the subject property is located on the west side of Coronado Drive. This section also requires that portions of any structures that exceed 100 feet be spaced at least 100 feet apart. The applicant has shown that no portion of the building which exceeds 100 feet is closer than 100 from any other portion of any other building which exceeds 100 feet. This section also includes overall separation requirements for structures over 100 feet in height as two options: (1) no more than two structures, which exceed 100 feet within 500 feet; or (2) no more than four structures, which exceed 100 feet within 800 feet. The proposal provides for a building that exceeds 100 feet in height. The applicant has demonstrated that there are no more than two structures, which exceed 100 feet within 500 feet thereby fulfilling the requirements of Option 1, above. In addition, the applicant has demonstrated that there are no more than four structures, which exceed 100 feet within 800 feet thereby fulfilling the requirements of Option 2, above. The height of the proposed building is consistent with the guidelines of Beach by Design. Minimum Off-Street Parking: The 180-room overnight accommodation use requires a minimum of 216 off-street parking spaces. The 216 parking spaces will be provided within a parking garage located on the first three levels of the building. This is consistent with the applicable Sections of the Community Development Code. Landscaping: While a formal landscape plan is not required to be submitted for review at this time, the conceptual landscape areas depicted on the site plan show that foundation landscaping will be provided along the east and west sides of the building. In addition, landscape buffers will be provided along portions of the north and west sides of the site. Since no perimeter landscape buffers are required in the Tourist (T) District, the proposed landscape areas meet or exceed what is required. It is noted, however, that flexibility may be requested/necessary as part of a Comprehensive Landscape Program which would be reviewed at time of formal site plan approval. Consistency with Beach by Design: Work Session 2013-10-14 24 Design Guidelines: A review of the provided architectural elevations and massing study was conducted and the proposed building does appear to be generally consistent with the applicable Design Guidelines established in Beach by Design. It is noted, however, that a more formal review of these Guidelines will need to be conducted as part of the final site plan approval process. Hotel Density Reserve: The project has been reviewed for compliance with those criteria established within Beach by Design concerning the allocation of hotel rooms from the Reserve. The project appears to be generally consistent with those criteria, including that the development comply with the Metropolitan Planning Organization's (MPO) countywide approach to the application of traffic concurrency management for transportation facilities. The submitted Traffic Impact Study concludes that traffic operations at nearby intersections and on adjacent roadways would continue at acceptable levels of service. Standards for Development Agreements: The proposal is in compliance with the standards for development agreements, is consistent with the Comprehensive Plan and furthers the vision of beach redevelopment set forth in Beach by Design. The proposed Development Agreement will be in effect for a period not to exceed ten years, meets the criteria for the allocation of rooms from the Hotel Density Reserve under Beach by Design and includes the following main provisions: • Provides for the allocation of 100 units from the Hotel Density Reserve; • Requires the developer to obtain building permits and certificates of occupancy in accordance with Community Development Code (CDC) Section 4-407; • Requires the return of any hotel unit obtained from the Hotel Density Reserve that is not constructed; • For units allocated from the Hotel Density Reserve, prohibits the conversion of any hotel unit to a residential use and requires the recording of a covenant restricting use of such hotel units to overnight accommodation usage; and • Requires a legally enforceable mandatory evacuation/closure covenant that the hotel will be closed as soon as practicable after a hurricane watch that includes Clearwater Beach is posted by the National Hurricane Center. Changes to Development Agreements: Pursuant to Section 4-606.1, CDC, a Development Agreement may be amended by mutual consent of the parties, provided the notice and public hearing requirements of Section 4-206 are followed. Revisions to conceptual site plans and/or architectural elevations attached as exhibits to this Development Agreement shall be governed by the provisions of Section 4-406, CDC. Minor revisions to such plans may be Work Session 2013-10-14 25 approved by the Community Development Coordinator. Other revisions not specified as minor shall require an amendment to this Development Agreement. Planner Mark Parry said staff has requested that language regarding the following items be included in the agreement: 1) references to fractional ownership units be removed, 2) no unit shall be used as primary or permanent residence, 3) each unit shall be available for transient guests, 4) all units be required to be part of the rental program, 5) prohibit full kitchens, 6) amplified noise limitations. Staff has also requested that references to site plan be changed to concept site plan. Assistant City Attorney Leslie Dougall-Sides said the applicant is out of the country and his counsel has been unable to discuss staff's requests. In response to a suggestion, the City Clerk said the item may not be pulled from the agenda as it has been advertised and noticed for a public hearing. 7.5 Provide direction on the proposed Development Agreement between Ted and Maria Lenart, Trustees of Lenart Family Trust UTD December 20, 1991 (the Property owner) and the City of Clearwater, providing for the allocation of up to 69 units from the Hotel Density Reserve under Beach by Design or a maximum density of 150 units per acre, whichever is less and confirm a second public hearing in City Council Chambers before City Council on November 7, 2013 at 6:00 p.m., or as soon thereafter as may be heard. (HDA2013-08007) Site Location and Existing Conditions: The 0.69-acre site is located along the south side of South Gulfview Boulevard approximately 725 feet west of Parkway Drive and 300 feet east of the South Gulfview Boulevard and Bayway Boulevard intersection. The subject property is comprised of one parcel with a frontage of approximately 126 feet along South Gulfview Boulevard and 127 feet of frontage along the water. The site is occupied by the Gulfview Hotel, a 64-unit overnight accommodation use built in 1972 (according to Pinellas County Property Appraiser records). The subject property is zoned Tourist (T) District with an underlying Future Land Use Plan (FLUP) category of Resort Facilities High (RFH). The subject property is also located within the South Beach/Clearwater Pass District of Beach by Design. Access to the site is provided by a pair of one-way driveways with ingress provided at the west side of the site and egress at the east side. Parking is provided along the north and west sides of the site. The building is located in the southeast quadrant of the site. A pool area is located along the southeast corner of the building. The site enjoys direct access to the beach and the Gulf of Mexico Work Session 2013-10-14 26 although it is important to note that the beach area is adjacent to but is not part of the subject site. The immediate area is characterized by a variety of uses including overnight accommodation, retail, outdoor recreation and entertainment, restaurant and attached dwelling uses with heights ranging from one to 15 stories. The properties directly east and west of this property are developed with overnight accommodation uses. The City's Beach Walk project has been constructed transforming South Gulfview Boulevard to the north of this site into a winding beachside promenade with lush landscaping, artistic touches and clear views to Clearwater's award-winning beach and the water beyond. Development Proposal: The owners propose to utilize the existing 34 to 64-rooms (34 of which are requested to be considered as conforming through a Termination of Status of Nonconformity for density reviewed by the Community Development Board on October 15, 2013) while requesting up to an additional 69 hotel rooms from the Hotel Density Reserve through Beach by Design resulting in a total of 103 units (150 units per acre). Pursuant to the Countywide Future Land Use Plan and CDC Section 2-801.1, the maximum density for properties with a designation of Resort Facilities High is 50 overnight accommodation units per acre. Based on the 0.69-acre site, a maximum of 34 overnight accommodation units would normally be permissible under current regulations. Therefore, the site is/was overdense by 30 units. The aforementioned Termination of Status of Nonconformity application included a request to permit the current density of 64 units to remain and be considered as conforming. It must be reiterated that the review by the Community Development Board (CDB) was scheduled for, and presumably occurred on, October 15, 2013 (the day prior to this, the first City Council review of this request) therefore, as of the writing of this analysis it is unknown if the request to Terminate the Status of Nonconformity with regard to density was approved. Therefore, the request is for up to 69 units or a maximum of 150 units per acre, whichever is less. The current proposal is to demolish the existing building and redevelop the site with a 103-unit overnight accommodation use (150 rooms per acre, including the allocation of 39 rooms from the Hotel Density Reserve). The building will be 97 feet (from Base Flood Elevation) to flat roof (10 stories) with an additional 16 feet for mechanical equipment and architectural details with the parking on the first six levels. The proposal includes a tropical modern architecture, which is consistent with and complements the tropical vernacular envisioned in Beach by Design. Consistency with the Community Development Code: Work Session 2013-10-14 27 Minimum Lot Area and Width: Pursuant to CDC Table 2-802, the minimum required lot area and width for an Overnight Accommodation use is 20,000 square feet and between 100 and 150 feet, respectively. The subject property is 29,888 square feet in area and 126 feet wide. The site is consistent with these Code provisions. Minimum Setbacks: The conceptual site plan depicts a side (west) setback of 10 feet to building and covered patio, side (east) setbacks of 13 and 10 feet to building and patio, respectively, a front (north) setback of 10 feet to building and a rear (south) setback of 51 feet to building, five feet to patio and 12 feet to pool. The proposed setbacks may be approved as part of a Level Two Flexible Development application, subject to meeting the applicable flexibility criteria of the Community Development Code (CDC). Maximum Height: Pursuant to the Clearwater Pass District Character District standards of Beach by Design and that the owners are requesting 39 hotel rooms from the Hotel Density Reserve, the maximum height of the hotel can be up to 150 feet provided that there is no more than four buildings above 100 feet in height within 800 feet of the proposed building. The applicant has proposed a building 97 feet (from Base Flood Elevation) to flat roof (10 stories) with an additional 16 feet for mechanical equipment and architectural details. Buildings less than 100 feet in height may be located without limitation although any height above 50 feet must be requested through a Level Two Flexible Development application, subject to meeting the applicable flexibility criteria of the CDC. The height of the proposed building is generally consistent with the guidelines of Beach by Design. Minimum Off-Street Parking: The 103-room overnight accommodation use requires a minimum of 124 off-street parking spaces. The conceptual site plan includes 126 parking spaces will be provided within a parking garage located on the first six levels of the building. The number of parking spaces is consistent with the CDC. Landscaping: While a formal landscape plan is not required to be submitted for review at this time, the conceptual landscape areas depicted on the site plan show that foundation landscaping between three and 12 feet in width will be provided along the north side of the building. In addition, 10-foot wide landscape buffers will be provided along the east and west sides of the site. Since no perimeter landscape buffers are required in the Tourist (T) District, the proposed landscape areas exceed what is required. It is noted, however, that flexibility may be requested/necessary as part of a Comprehensive Landscape Program which would be reviewed at time of formal site plan approval. Work Session 2013-10-14 28 Consistency with Beach by Design: Design Guidelines: A review of the provided architectural elevations and massing study was conducted and the proposed building does appear to be generally consistent with the applicable Design Guidelines established in Beach by Design. It is noted, however, that a more formal review of these Guidelines will need to be conducted as part of the final site plan approval process. Hotel Density Reserve: The project has been reviewed for compliance with those criteria established within Beach by Design concerning the allocation of hotel rooms from the Reserve. The project appears to be generally consistent with those criteria, including that the development comply with the Metropolitan Planning Organization's (MPO) Countywide approach to the application of traffic concurrency management for transportation facilities. The submitted Traffic Impact Study concludes that traffic operations at nearby intersections and on adjacent roadways would continue at acceptable levels of service. Standards for Development Agreements: The proposal is in compliance with the standards for development agreements, is consistent with the Comprehensive Plan and furthers the vision of beach redevelopment set forth in Beach by Design. The proposed Development Agreement will be in effect for a period not to exceed ten years, meets the criteria for the allocation of rooms from the Hotel Density Reserve under Beach by Design and includes the following main provisions: • Provides for the allocation of up to 69 units from the Hotel Density Reserve or a maximum density of 150 units per acre, whichever is less; • Requires the developer to obtain building permits and certificates of occupancy in accordance with (CDC) Section 4-407; • Requires the return of any hotel unit obtained from the Hotel Density Reserve that is not constructed; • For units allocated from the Hotel Density Reserve, prohibits the conversion of any hotel unit to a residential use and requires the recording of a covenant restricting use of such hotel units to overnight accommodation usage; and • Requires a legally enforceable mandatory evacuation/closure covenant that the hotel will be closed as soon as practicable after a hurricane watch that includes Clearwater Beach is posted by the National Hurricane Center. Work Session 2013-10-14 29 Changes to Development Agreements: Pursuant to Section 4-606.1., CDC, a Development Agreement may be amended by mutual consent of the parties, provided the notice and public hearing requirements of Section 4-206 are followed. Revisions to conceptual site plans and/or architectural elevations attached as exhibits to the Development Agreement shall be governed by the provisions of Section 4-406, CDC. Minor revisions to such plans may be approved by the Community Development Coordinator. Other revisions not specified as minor shall require an amendment to this Development Agreement. Assistant City Attorney Leslie Dougall-Sides said the Applicant has agreed to the no full kitchen provision. This revision to the agreement will be provided prior to the council meeting. In response to questions, Planner Mark Parry said the project is overdense by 30 units. Ms. Dougall-Sides said the Applicant has agreed to include the outdoor amplified noise provision. Staff is preparing to standardize the HDA agreements. It was suggested that staff establish one-on-ones with Council prior to the HDA be presented to Council. Planning and Development Assistant Director Gina Clayton said scheduling one-on-ones while maintaining the expedited timeframe will be very difficult. The City Manager said this may impact ability to expedite the applications; if applications do not meet standards, the application process will be delayed. 8. Official Records and Legislative Services 8.1 Approve the 2014 Council Meeting Schedule. (consent) Councilmember Bill Jonson said the August 21, 2013 council meeting conflicts with the Florida League of Cities' annual conference and requested consideration to move the council meeting to August 20. There was consensus to move the August 21, 2014 council meeting to Wednesday, August 20, 2014 and place Item 8.1 on the Consent Agenda. 9. Legal 9.1 Adopt Ordinance 8469-13 on second reading, annexing certain real property whose post office address is 2021 North Betty Lane into the corporate limits of the city and redefining the boundary lines of the city to include said addition. 9.2 Adopt Ordinance 8470-13 on second reading, amending the future land use plan Work Session 2013-10-14 30 element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 2021 North Betty Lane, upon annexation into the City of Clearwater, as Residential Urban (RU). 9.3 Adopt Ordinance 8471-13 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 2021 North Betty Lane, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). 9.4 Adopt Ordinance 8478-13 on second reading, amending the Community Development Code to require new members of the Community Development Board, the Municipal Code Enforcement Board and the Building/Flood Board of Adjustment and Appeals to be registered voters. 9.5 Adopt Ordinance 8480-13 on second reading, rescinding Ordinance 4663-88 and vacating the northerly fifteen (15) feet of an existing sanitary sewer easement recorded in Official Records Book 3893, Page 138 of the Public Records of Pinellas County. 10. City Manager Verbal Reports — None. 11. Council Discussion Items 11.1 City Attorney Evaluation AND 11.2 City Manager Evaluation Discussion deferred to Wednesday, October 16. 11.3 Connection from Ream Wilson Clearwater Trail to Courtney Campbell Trail - Councilmember Hock-DiPolito Councilmember Hock-DiPolito said the County has requested the City to prioritize funding for the construction of the trail connection from Ream Wilson to Courtney Campbell. Parks and Recreation Director Kevin Dunbar said funding for this portion of the trail has been allocated in a future capital improvement project, Penny for Pinellas 2016 funding cycle. Approximately $750,000 will be allocated for the project. The project will enhance the existing sidewalk on the west side Bayshore Drive that will connect to the trail. Work Session 2013-10-14 31 Staff was directed to confirm if prioritizing Penny funds is an option and provide information for the maintenance of the curbing and who will be responsible for the maintenance. 12. Closing Comments by Mayor— None. 13. Adjourn The meeting adjourned at 4:55 p.m. Work Session 2013-10-14 32