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11/04/2013 CITY COUNCIL WORK SESSION MEETING MINUTES CITY OF CLEARWATER November Present: Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Bill Jonson, Councilmember Jay 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, Nicole Sprague - Official Records and Legislative Services 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. It was noted that Councilmember Doreen Hock-DiPolito was not in attendance; she was attending the Advisory Committee for Pinellas transportation meeting. 1. Office of Management and Budget 1.1 Approve a senior exemption for long-term resident, low-income seniors under the criteria of Amendment 11 approved by the voters in November 2012 and pass Ordinance 8522-13 on first reading. In addition to the homestead exemption for residential homeowners, the City of Clearwater currently provides an additional $25,000 senior exemption for qualifying senior residential homeowners. From the 2012 tax roll, the value of property receiving this exemption is $32,056,116 and the budget impact of lost revenue from this exemption is approximately $165,000.Amendment 11, which was approved by the voters in November 2012, gives the City the option to adopt a senior exemption for long-term resident, low-income seniors. The new exemption exempts 100% of the assessed value of a senior's homesteaded property if the just value is less than $250,000; the owner is 65; the property has been the owner's permanent residence for at least 25 years; and the owner's household income is less than the limit established for the current low-income senior exemption (currently $27,590).This additional senior exemption of $250,000 must be authorized by a super majority (a majority plus one) vote of the City Council. Work Session 2013-11-04 1 The deadline to establish the Amendment 11 senior exemption is December 1, 2013 for 2014. In response to questions, Budget Director Tina Wilson said the low household income level for the senior exemption is currently $27,590. An individual must annually request the exemption at the Tax Collector's office. The City Attorney said the exemption is $25,000 but could go as high as $50,000; the City chose not to go higher. The proposed ordinance includes an inflation provision. The exemption absolves all taxes for ad valorem. 2. Economic Development and Housing 2.1 Establish enactment authority for economic development ad valorem tax exemption of real and tangible personal property taxes for certain new businesses and expansions of certain existing businesses in accordance with Florida Statute 196.1995 and pass Ordinance 8436-13 on first reading. This Ordinance provides authority to the City of Clearwater to provide real and personal tangible property tax exemptions for qualifying new businesses relocating to the City and to existing businesses seeking to expand. In order to foster economic growth and increase employment, the ordinance includes qualifying criteria and economic development guidelines to be used in the evaluation of completed applications. On November 6, 2012, in accordance with F.S. 196.1995, the City of Clearwater put forth to voters the following ballot question: "Shall the City Council of the City of Clearwater be authorized to grant, pursuant to s.3 Art. VII of the State Constitution, ad valorem tax exemptions to new businesses and expansions of existing businesses that are expected to create new, full-time jobs in the City of Clearwater." Voters approved the referendum with 56.4% of the vote. Program Goals The Economic Development Ad Valorem Tax Exemption Program is intended to attract new private investment and to encourage capital investment and job growth in the City of Clearwater. The program is a tool for the City to regain a competitive edge in business attraction and expansion not only in the Tampa Bay region, but also in the State of Florida and beyond. Qualifying Criteria. In accordance with the voter-approved referendum, the Economic Development Ad Valorem Tax Exemption Program includes the following criteria for staff evaluation and Council consideration: Work Session 2013-11-04 2 1. 75% annual maximum ad valorem exemption 2. 10-year maximum exemption period 3. $100,000 minimum capital investment (excludes land) 4. Job creation requirement, as required by state law: a. Manufacturing (10 jobs) b. Qualified Target Industries (10 jobs) C. Business with Sales (25 jobs) i. A business or organization, the sales factor of which is less than 0.50for each year the exemption is claimed. d. Office not in target industries (50 jobs) 5. Average wage requirement: a. The average wage for new jobs created in the City of Clearwater must be greater than the average wage for Pinellas County as published by Enterprise Florida, Inc., in the year in which the applicant files the completed application. Approval Process Each qualifying application for tax exemption must be approved by City Council via ordinance. The process by which the application is accepted, evaluated and approved includes- 1. Staff review 2. Pinellas County Property Appraiser's report 3. Recommendation of exemption by staff 4. Business Maintenance and Continued Performance Agreement executed by Applicant 5. Agreement and Ordinance sent to Council for consideration (2 readings) 6. Council may approve as presented, deny, approve with amended conditions. Should the Ordinance and Agreement be amended, a new Agreement incorporating the approval changes is sent to the applicant for signature. Limitations The exemption applies only to improvements to real property and to tangible personal property. Therefore, current tax revenues are never impacted and exemption for property taxes on land is prohibited by F.S. 196.1995. All businesses approved for Economic Development Ad Valorem Tax Exemption must execute a Business Maintenance and Continued Performance Agreement. A provision of the agreement includes submittal of Annual Report. Council may revoke the exemption if the applicant fails to meet Agreement expectations and/or program requirements. Documents At second reading of this ordinance, staff will bring forward Resolution 13-32 adopting substantially in form the following- 1. Economic Development Ad Valorem Tax Exemption Application (Exhibit A) Work Session 2013-11-04 3 2. DR-418 Economic Development Ad Valorem Property Tax Exemption (Exhibit A Attachment) 3. Business Maintenance and Continued Performance Agreement (Exhibit B) 4. Economic Development Ad Valorem Tax Exemption Annual Report (Exhibit C) In response to questions, Economic Development and Housing Assistant Director Denise Sanderson said the ordinance will sunset on November 6, 2023; the City may accept applications through the sunset date. 3. Gas System 3.1 Approve an increase to Purchase Order 508627 with Florida Gas Contractors, Inc, in the amount of$550,000, for the installation of natural gas mains and service lines, and authorize the appropriate officials to execute same. (consent) Florida Gas Contractors, Inc. (FGC) located in Dade City, FL is Clearwater Gas System's (CGS) primary contractor for the installation of Gas Mains and Service Lines to meet residential, commercial and industrial customer requirements in support of gas sales and operations. FGC has performed satisfactory work since the purchase order was renewed on February 1, 2013 and is scheduled to expire on January 31, 2014. The purpose for the increase is due to a large increase in gas main/service line extensions to serve new residential and commercial customers. The original purchase order (PO) amount was for $939,050. A 10% increase to the PO, in the amount of$93,905, was approved by the City Manger in October; therefore, both increases will amend the PO total to $1,582,955. Funds are available in Code 315-96378 Pasco New Mains and Service Lines and Code 315-96377 Pinellas New Mains and Service Lines, in the Clearwater Gas System budget to support these requirements. 4. Human Resources 4.1 Authorize the renewal of contracts with Assurant and Humana for voluntary employee and retiree dental insurance, from January 1, 2014 through December 31, 2014, and authorize the appropriate officials to execute same. (consent) The contracts with each of the City's two current dental insurance providers, Assurant and Humana, expire on December 31, 2013. Both Assurant and Humana have presented renewal offers for a one-year contract with no changes to the schedule of benefits and no increase in premiums for any of the four dental plan options currently in effect. The City's Benefits Committee has recommended retaining Assurant and Humana as the City's dental providers under the proposed one-year arrangement, and City staff concurs with the recommendation. There is Work Session 2013-11-04 4 no cost to the City associated with this request as the premiums are paid entirely by enrolled employees and retirees through payroll deduction for this voluntary benefit. 5. Marine and Aviation 5.1 Support Shephard's Beach Resort and Quality Beach Resort to start the permit process to restore and stabilize the beaches behind their properties. Olsen Associates Coastal Engineering will present the plans for shorefront improvements along the beaches behind Shephard's Beach Resort and Quality Beach Resort in Clearwater Pass. The purpose of the projects is to increase the stability of the existing sand beach and re-establish a stable sand beach along the inlet's shorefront. There is no cost to the City and requires no city assistance other than City Council support so projects can proceed through the state and federal permit process. The Marine Advisory Board and Planning and Engineering departments have been made aware of the projects. Olsen Engineering representative Dr. Kevin Bodge provided a PowerPoint presentation describing the beach conditions at Shephard's and reviewed the proposed projects. There is no beach at low tide. The access boats have today will remain the same after the projects are implemented. In response to questions, Dr. Bodge said Shephard's and Quality Inn Beach Resort are sponsoring the project for their respective property. The property owner of the Gulfview Hotel supports the projects. Dr. Bodge said permits will be required by the Army Corps of Engineer, Department of Environmental Protection, and Pinellas County. Anyone may provide comments through each application review process. Shephard's representative Paul Andrews said the access corridor is being built; 20 ft. between side of property and the Econo Lodge property. In the past, Shephard's used the Quality Inn's access to renourish the beach. In response to questions, Dr. Bodge said the rock berms do not go very deep from the existing sand; some of the existing sand is excavated in order to seat the rocks. The rocks will weigh approximately 2.5 tons. The rocks may move during a big storm and may need some maintenance work. Sand renourishment is suggested every four to six years. No dredging will be required for the projects. The projects will utilize structures that will hold sand on the beach, which currently drifts to the east. The projects will not cause more shoaling on the east side of the Causeway; it may decrease it. Work Session 2013-11-04 5 Mr. Morris said posting no swimming signs has not been discussed. There are bilingual signs north of the Sailing Center. There is a 50 ft. easement along the seawall under water. Dr. Bodge said the lengthiest permit review will be with the Corps, approximately fourteen months. 6. Parks and Recreation 6.1 Approve a proposal by Construction Manager at Risk, Keystone Excavators, Inc., of Oldsmar, Florida in the amount of$250,000 for the construction of an 8- foot wide crushed shell trail and parking facilities at Lake Chautauqua Equestrian and Nature Preserve and authorize the appropriate officials to execute same. consent On February 17, 2011, the Council approved a grant agreement between the City of Clearwater and the Florida Department of Environmental Protection Office of Greenways and Trails (OGT) for a Recreational Trails Program (RTP) grant in the amount of$200,000 for the construction of the Lake Chautauqua Equestrian and Nature Preserve Trail. This contract will provide for the construction of an 8-foot wide crushed shell trail for a length of approximately 7,760 linear feet winding through a portion of the 60 plus acre-park known as Lake Chautauqua Park as well as a necessary parking facility for vehicles with horse trailers. Other site work including stormwater improvements and installation of water to the site will be handled under this contract as well. The trail will be constructed in a manner to accommodate riders on horses as well as pedestrians wanting to take a nature walk in the park; unlighted and open from sunrise to sunset. The construction duration for the project is 90 days, commencing in November 2013.The City will provide the shell as well as providing other park amenities i.e. water fountain, water troughs, shade shelter, picnic tables, park benches, signage, etc. On June 67 2013, the Council approved Construction Manager at Risk Services (CMR) for continuing contracts with several construction contractors including Keystone Excavators, Inc. Keystone Excavators was selected under the RFQ process based on qualifications, experience on similar projects, staff experience and availability, and knowledge of city standards. Keystone has been the selected low bidder on many past city projects of similar scope and the City was pleased with their performance. Future maintenance of the trail will be provided through the adopt-a-park program volunteers and existing park maintenance staff. There will be neither additional staff requirements nor additional operating impacts for this project. Work Session 2013-11-04 6 Sufficient funds are available in Capital Improvement Program project 315-93272, Recreation Trails for this contract. 6.2 Approve a Memorandum of Understanding (MOU) between the City of Clearwater and the Tampa Bay Veterans Alliance (TBVA) for the purpose of formalizing the intent of the parties responsibilities and obligations regarding the funding, fundraising, design, site selection, construction, installation and maintenance of a proposed Veterans War Memorial and authorize the appropriate officials to execute same. (consent) TBVA has presented the City of Clearwater with the prospect of creating a Veterans War Memorial at Crest Lake Park. The proposed project consists of a memorial plaza constructed of pavers or concrete with half-walls, of approved height and length, to feature veteran and donor recognition plaques with further landscape and hardscape features as permitted. Future phases may follow, as agreed to by the City and the TBVA, including the addition of memorial sculptures and plaques recognizing the service of veterans from World War I through present. It is the general intent that TBVA will take on the responsibility for all aspects of fund-raising for its monetary contribution to the Project. Once the project funds are in place, the City will undertake permitting, construction and maintenance of the project. TBVA estimates the total cost of Phasel to be $300,000.00. TBVA shall initiate, coordinate, and oversee a campaign to raise all funds required for their portion of the Phase 1 Project, which is $150,000.00. It is estimated that it will take eighteen to twenty-four months to raise TBVA's portion of the Project funding. Once TBVA has collected the $150,000.00, and remitted it to the City, to hold in escrow for the planning, permitting, and construction of the Project, the City will consider formalizing the MOU with an agreement committing the City to provide matching funds in the amount of$150,000.00. The MOU will terminate in its entirety should TBVA fail to raise the $150,000.00 required for their portion of the Project by January 1, 2016. Should TBVA fail to raise the required funding, the City shall not have any monetary responsibility or obligation for any aspect of the Project, including but not limited to, any ongoing subsidy. TBVA has presented the Project to, and obtained support from, the Skycrest Neighborhood Association, the Clearwater Arts Alliance, and the Clearwater Public Art and Design Board. Staff was directed to provide information on the estimated cost for ongoing maintenance, renderings for the donor recognition plaques and the veterans recognition plaques. Work Session 2013-11-04 7 The City Attorney said $150,000 is the City's maximum contribution and language can be changed to say not to exceed $150,000. 7. Police 7.1 Approve an agreement between the City of Clearwater and the School Board of Pinellas County, Florida providing for the continuation of the School Resource Officer program at Clearwater High School, Countryside High School and Oak Grove Middle School for a one-year period commencing July 1, 2013 through June 30, 2014 and authorize the appropriate officials to execute same. (consent) Under the terms of the one-year agreement between the School Board of Pinellas County and the City of Clearwater, the City will provide law enforcement and related services to Clearwater High School, Countryside High School and Oak Grove Middle School during the regular school year. The assigned officers (1 per school) will provide instruction in law education, will serve as resource persons, conduct investigations, provide security and maintain the peace, make arrests and provide support services as necessary. The annual cost of salaries and benefits of three officers over the one-year period will be $310,064.21. Total annual reimbursement from the School Board will be $51,462.07 for each officer, for a total reimbursement of$154,386.21, reflecting a 5% increase in reimbursement to the City for SRO services during the 2013/2014 contract period. A first quarter budget amendment will transfer the difference of$155,678 from the Special Law Enforcement Trust Fund (SLEF), special project 181-99331 to special project 181-99264, School Resource Officers. Sufficient funding will be available in special project 181-99264, School Resource Officers, for total funding of$310,064.21. The cost incurred by the Police Department is offset by the benefit of the program to the community and the Police Department. The Police Department has maintained a good working relationship with the School Board. School Resource Officers have been assigned to Clearwater High School since January 1, 1985 and Countryside High School since January 1, 1986 and Oak Grove Middle School since August 27, 2007. 8. Public Utilities 8.1 Award a contract (purchase order) to Perkin Elmer Health Sciences Inc. of Shelton, CT, in the amount of$138,199.00, in response to the City of Clearwater Public Utilities Laboratory's request for purchase of a NexION 30OX ICP-MS System and authorize the appropriate officials to execute same. (consent) Work Session 2013-11-04 8 The City of Clearwater Public Utilities Laboratory is located adjacent to the Marshall Street Advanced Wastewater Treatment facility on Harbor Drive in Clearwater. The laboratory is responsible for a large number of analyses, in a wide variety of applications, for compliance purposes with permit constraints, local, state and federal regulations applicable to the City's ownership and operation of a Public Drinking Water system, Wastewater treatment plants and reclaimed water. To increase the level of accuracy and efficiency, as well as comply with the regulatory requirement of lower detection limits, this new ICP-MS System instrument will be an updated replacement for the current, aging instrument, and will allow consolidation of methods of analysis, which in turn will provide savings on certification costs. The contract includes training, support and a factory warranty. Sufficient budget and funding is available in the Utility R and R revenue in 0327- 96645, Laboratory Upgrade and R and R, in the amount of$138,199.00. 9. Engineering 9.1 Award a construction contract to Rowland, Inc of Pinellas Park, Florida, for Smallwood Circle Drainage Improvements Project (11-0057-EN) and Edgewood Avenue Sanitary Sewer Improvements (10-0027-UT) in the amount of $2,345,142.97, which is the lowest responsible bid received in accordance with plans and specifications; approve Engineer of Record (EOR) Supplemental Work Orders to Cumbey and Fair in the amount of$56,688.81 and King Engineering in the amount of$52,152 for limited Construction Engineering Services (CES) and authorize the appropriate officials to execute same. (consent) Smallwood Circle Drainage Improvements • The upstream limit of the project is by Wood Drive near Rose Wood Street and the downstream limit of the project is the intersection of Elmwood Avenue and North Highland Avenue. • Construction of this project includes 48 drainage structures, 3,450 linear feet of larger pipes, and a baffle box to improve water quality. • The existing system begins with 12-inch diameter polyvinyl chloride pipe and increases to 24-inch corrugated metal pipe that is nearing the end of its useful lifespan. • The proposed system will be all reinforced concrete pipe, beginning with a 14-inch by 23-inch elliptical and increasing to 36-inch pipe. Work Session 2013-11-04 9 • The Southwest Florida Water Management District (SWFWMD) is cooperatively funding fifty percent (50%) of the project up to a maximum amount of$875,000. Edgewood Avenue Sanitary Sewer Improvements • The sanitary sewer system in the Glenwood Estates neighborhood consists of 8-inch through 12-inch clay pipe. A number of the sewer runs between manholes were constructed at slopes less than those currently considered industry standard. In particular, the sewer behind the lots on Edgewood Avenue has relatively and, in some cases, negative slope. Over the years, this has resulted in increased maintenance efforts on the City's behalf and possibly sewer backups. • The Sanitary Sewer Improvements project will correct these deficiencies and bring the new pipe runs up to current industry standards. Cumbey and Fair has provided design, stormwater modeling, permitting, and bid services for Smallwood Circle Drainage Improvements through previous work orders. Through this Supplemental Work Order, they shall provide limited CES. • King Engineering has provided sanitary sewer investigation, design, permitting, and bid services for Edgewood Avenue Sanitary Sewer Improvements through previous work orders. Through this Supplemental Work Order, they shall provide limited CES. Stormwater Maintenance Department shall operate and maintain the Smallwood Circle Drainage Improvements and Public Utilities shall operate and maintain the Edgewood Avenue Sanitary Sewer Improvements. A first quarter budget amendment will transfer$1,347,718.98 from Capital Improvement Program project 0315-96124, Storm Pipe System Improvements to 0315-96178, Smallwood Circle. Sufficient funding is available in the amount of$1,106,264.80 in 0327-96665, Sanitary Sewer R and R for total funding in the amount of$2,453,983.78. 10. Planning 10.1 Continue 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 to the December 5, 2013 council meeting. (HDA2013-08004) The applicant is requesting the continuance in order to prepare changes to the Conceptual Site Plan as directed by Council at the October 16, 2013 meeting. Work Session 2013-11-04 10 10.2 Approve a 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 with a change to the wording of Section 6.1.3.2 of the Development Agreement from five years from approval of the Development Agreement to one year for obtaining of site plan approval; adopt Resolution 13-31, and authorize the appropriate officials to execute same. (HDA2013-08007) Development Proposal: The owners propose to utilize the existing 64-rooms, 30 of which are considered as conforming through an approved Termination of Status of Nonconformity for density (FLD2013-08025) 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). It should be reiterated that the maximum density permitted by Beach by Design is 150 units per acre or, for this site, 103 units. Consistency with the Community Development Code: No changes have been made to the Conceptual Site Plan presented at the October 16, 2013 Council meeting. The Conceptual Site Plan continues to appear to be consistent with the CDC with regard to: • Minimum Lot Area and Width: • Minimum Setbacks: • Maximum Height: • Minimum Off-Street Parking: • Landscaping: Consistency with Beach by Design: Work Session 2013-11-04 11 No changes have been made to the Conceptual Site Plan presented at the October 16, 2013 Council meeting. The Conceptual Site Plan continues to appear to be consistent with the Beach by Design with regard to: • Design Guidelines • Hotel Density Reserve Standards for Development Agreements: Minor changes have been made to the Development Agreement at the request of Staff since the October 16, 2013 Council meeting as follows: Clarify in Sections 6.2.3 and 6.1.5 what occurs in the event of compliance with conditions of the Termination of Nonconformity. Le., 39 v. 69 units used from density pool, other 30 returned. Recite density in Section 4.1. In Section 6.1.6, replace overnight hotel guests with members of the public as overnight hotel guests. Remove 5 years for obtaining development approval in Section 6.1.3.2, replace with 1 year and add language that site plan must be approved and construction started within the timeframes set forth in the CDC. Attach Conceptual Plan as Exhibit B and title Exhibit that. Change Site Plan to Conceptual Site Plan in Section 6.1.3.1 and anywhere else where the intent is to refer to the Conceptual Site Plan. Add provision re Bond: Developer agrees to provide a cashier's check, a payment and performance bond, or letter of credit in the amount of 115% of the estimated costs of the public facilities and services to be deposited with the City to secure construction of any new public facilities and services required to be constructed by this Agreement. Such construction shall be completed prior to issuance of a Certificate of Occupancy for the Project. NOTE: It is understood that the applicant maintains no public facilities/services are required, but this language will be in the form HDA and is desired for consistency purposes. The applicant did not incorporate the requested change with regard to item four, above, and is reflected in Staff's recommendation. Work Session 2013-11-04 12 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. 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 approved by the Community Development Coordinator. Other revisions not specified as minor shall require an amendment to this Development Agreement. The Planning and Development Department is recommending approval of this Development Agreement for the allocation of up to 69 units from the Hotel Density Reserve under Beach by Design with a change to the wording of Section 6.1.3.2 from five years from approval of the Development Agreement to one year for obtaining of site plan approval. Work Session 2013-11-04 13 Planner Mark Parry said staff is recommending that the site plan approval be obtained within one year of the agreement being approved. The City Attorney said the applicant does not agree with the one-year timeframe. Staff is recommending the timeframe be included in the development agreement. The Applicant has requested five years to go to CDB; with all the extensions available by city code, the Applicant would have up to another four years before commencing construction. Planning and Development Assistant Director Gina Clayton said staff is recommending the one-year timeframe because there was an agreement with Council to expedite the construction of these hotels under the new hotel density pool process. Every development agreement under the prior process included the timeframe. In response to a question, Assistant City Attorney Leslie Dougall-Sides the agreement does not include any reference to fractional ownership. Ms. Clayton said the Applicant has articulated that the requested five-year timeframe was due to timing issues with adjacent properties under construction. The City Attorney said the Enchantment agreement was the first development agreement under the new process. The only timeframes included in the agreement was the life of the development agreement. Enchantment is moving forward with the site plan approval process but is not obligated under their agreement. In response to questions, Planner Mark Parry said the front north setback on the public right-of-way from Gulfview is 16 ft. to the building. Beach by Design requires 15 ft. along arterials; Gulfview is an arterial. Perimeter landscaping is not required in the Tourist District. The Council recessed from 3:09 p.m. to 3:15 p.m. 11. Official Records and Legislative Services 11.1 Appoint one member to the Neighborhood and Affordable Housing Advisory Board with term to expire November 30, 2017 and reappoint Ms. Linda Kemp for another term to expire November 30, 2017. In response to questions, the City Clerk said the board meets monthly. Economic Development and Housing Director Geri Campos Lopez said Ms. Santiago resides in one of the target areas and has work experience with local youth. Discussion deferred to Thursday. Work Session 2013-11-04 14 12. Legal 12.1 Amend Section 30.020 of the Clearwater Code of Ordinances to establish procedures for hearings before a local hearing officer for red light camera violations, and pass Ordinance 8479-13 on first reading. Amendments to Section 316.0083, Florida Statutes, 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 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 316.0083 also establishes procedures for hearings before a local hearing officer and authorizes the hearing officer at the conclusion of the hearing to require the violator to pay municipal costs not to exceed $250 in addition to the current $158 penalty if the notice of violation is upheld. The City Attorney said most municipalities use a hearing officer. The City has been using the Municipal Code Enforcement Board (MCEB) because state law required a process be in place when the Statute was enacted. The first month's hearing lasted two hours before the Board began hearing MCEB cases. 12.2 Adopt Ordinance 8481-13 on second reading, amending the Community Development Code Division 24, Public Art and Design Program, providing that private development projects are encouraged to incorporate public art into each new development or renovation project, or in lieu thereof, donate money into the City's public art fund. 12.3 Adopt Ordinance 8410-13 on third reading, amending the future land use plan element of the Comprehensive Plan to designate the land use for certain real Property whose post office address is 2200 and 2251 Montclair Road, together with all of the right of way of Montclair Road, CR 584, lying in the East of the NE of Section 01, Township 29 South, Range 15 East, together with all of the right of way of Montclair Road, CR 584, and Sunset Point Road, CR 576, lying in the NW of Section 06, Township 29 South, Range 16 East, upon annexation into the City of Clearwater, as Residential Medium (RM), Preservation (P), and Water/Drainage Feature, (Water). 12.4 Adopt Ordinance 8411-13 on third reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 2200 and 2251 Work Session 2013-11-04 15 Montclair Road, together with all of the right of way of Montclair Road, CR 584, lying in the East of the NE of Section 01, Township 29 South, Range 15 East, together with all of the right of way of Montclair Road, CR 584, and Sunset Point Road, CR 576, lying in the NW of Section 06, Township 29 South, Range 16 East, upon annexation into the City of Clearwater, as Medium High Density Residential (MHDR) and Preservation (P). 13. City Manager Verbal Reports — None. 14. Council Discussion Items 14.1 Update on US 19 Plan re: McCormick and US 19 Office Park Discussion deferred to November 18, 2013. 15. Closing Comments by Mayor— None. 16. Adjourn The meeting adjourned at 3:31 p.m. Work Session 2013-11-04 16