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06/02/2014 Council Worksession Meeting Minutes June 2, 2014 City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 e d s w r' �mu Meeting Minutes Monday, June 2, 2014 1 :00 PM Council Chambers Council Worksession Pagel City of Clearwater Council Worksession Meeting Minutes June 2, 2014 Roll Call Present 4 - Mayor George N. Cretekos, Vice Mayor Doreen Hock-DiPolito, Councilmember Bill Jonson, Councilmember Hoyt Hamilton, and Councilmember Jay E. Polglaze Also Present: 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 Coordinator To provide continuity for research, items are listed in agenda order although not necessarily discussed in that order. 1. Call to Order - Mayor Cretekos The meeting was called to order at 1:00 p.m. at City Hall. 2. Presentations - Given. 2.1 2014 North Pinellas Top Ops Competition Awards The Council recessed from 1:08 p.m. to 1:47 p.m. to meet as the Community Redevelopment Agency. 3. City Manager 3.1 Provide direction for City Council travel and training within the FY 2014-15 Budget. During recent discussion of the City Council Policies, questions were raised about the travel and training policy and amounts provided for the Mayor and individual Council members' expenses. As provided within the City Charter, Council members shall be reimbursed their actual and necessary expenses incurred in the performance of their duties of office: Section 2.04. Compensation and expenses. The council may determine the annual salary of council members and the mayor by ordinance. No ordinance increasing such salary shall become effective until the date of commencement of the terms of council members elected at the next regular election, occurring at least six months following the adoption of such ordinance. Council members shall be reimbursed their actual and necessary expenses incurred in the performance of their duties of office. Page2 City of Clearwater Council Worksession Meeting Minutes June 2, 2014 City Council Policies provides the following guidance: City Council F. Council travel. Payment for travel expenses shall be in keeping with the charter and City's travel code. Specific amounts of the Council's travel budget shall be allocated to each Councilmember during the annual budget preparations. At the end of the fiscal year, Council members shall provide a report detailing the year's travel. Council approval shall be obtained prior to any member exceeding their annual allocation for travel. Staff is preparing the City Manager's recommended budget for Fiscal Year 2014-15 and requests direction as to any changes in the City Council's travel and training expenses. At present, each Council member is individually provided $800 for travel and training. The Mayor is provided with $4,760. APPROPRIATION CODE AND AMOUNT: 09101-547200 Mayor Cretekos $4,760 09102-09105-547200 Council Members Hock-Dipolito, Hamilton, Jonson and Polglaze $800/each Discussion ensued with concerns expressed that $800 for councilmember travel is inadequate to attend required training sessions or conferences. It was suggested that the travel budget be increased to $1,600. Staff was directed to confirm the travel budget prior to the Council Office Renovations Project and revert to that amount. 3.2 Approve Purchase Contract between Paradise Group, LLC, of Safety Harbor, Florida and The City of Clearwater, Florida Concerning the Design, Finance Construction, Ownership and Operation of a Parking Garage and Retail complex at the Rear of the Pelican Walk Retail Center on Poinsettia Street, authorize the appropriate officials to execute same, and direct staff to negotiate and prepare the necessary documents to implement the terms and conditions of the Purchase Contract. Beach by Design, the City Redevelopment Plan for Clearwater Beach, identified the parcel located behind the Pelican Walk Retail Center on Poinsettia Street as a strategic location for a public parking garage to facilitate Page3 City of Clearwater Council Worksession Meeting Minutes June 2, 2014 achievement of the Plan intent to revitalize the Beach, and particularly the Marina District, by increasing visitor/beachgoer/employee parking in the Mandalay/Marina areas as well as freeing up the development potential of the small, waterfront parcels along East Shore through the ready availability of proximate off-street parking. Negotiations with owners of the subject parcel have occurred periodically since 2002, but, due to a variety of economic and business circumstances, failed to produce an agreement to allow construction of the garage. During this same period, however, the need for parking, from both visitor/beachgoer/employee and East Shore development potential standpoints, have continued to increase. The need for a parking structure has become evident, and the strategic location of the Pelican Walk parcel has taken on heightened significance. Councilmembers have throughout this period indicated to staff the perceived strategic importance of the garage/garage site and urged staff to bring forward for council consideration any viable deal structures that could result in construction of a public parking structure to address the above-stated needs/objectives. Recently, Paradise Group, LLC obtained a purchase option on the Pelican Walk Retail Center and Poinsettia Street lot and approached the City to discuss a structure to allow construction of the Beach by Design - recommended parking structure in conjunction with a repositioning of the Pelican Walk Retail Center. Their purchase option expires on June 15, 2014, necessitating an expeditious response by the parties. Paradise Group, LLC and City staff met to discuss parameters of a deal structure to meet developer requirements to complete acquisition of the complex, as well as city financial, legal and policy constraints. A Term Sheet was agreed to which memorialized the results of those discussions. The Term Sheet was subsequently unanimously adopted by the City Council at their meeting and staff was directed to negotiate and prepare the necessary documents to implement the terms and conditions of the Term Sheet. The Purchase Contract is the first of the implementing documents. Under normal circumstances, the Purchase Contract would be presented to City Council for consideration with the Development Agreement, and subsequent to CDB (Community Development Board) approval of the Development Order and Development Agreement. However, since it has been impossible to schedule CDB approval, or to complete a Development Agreement prior to the approaching expiration date of the Purchaser's option, the Purchaser is seeking a modicum of security that the major component of Page4 City of Clearwater Council Worksession Meeting Minutes June 2, 2014 the project, the City purchase of 450 space parking condominium at the negotiated price, has support of the City Council before his purchase option is exercised. Thus, the Purchase Contract attempts to afford the Paradise Group the next level of city commitment, while realizing that a schedule of subsequent and intermediate approvals will be required before the City is in a position to close the transaction in July 2016. The Purchase Contract thus includes more contingencies than would otherwise be expected. The key components of the Purchase Contract are consistent with the adopted Letter of Intent and include: • Agreement to purchase a 450 parking space parking condominium in the to-be-constructed garage ; • A per space purchase price of$25,144; • City review and approval of garage plans and specifications, to assure achievement of compliance with Beach by Design and City garage standards and design; • City $250,000 annual revenue backstop for the developer should gross revenues not achieve the hurdle amount of$1,250,000 on the 450 spaces, from opening of the garage until city acquisition of the condominium; • City authorized to employ Owners Representative to oversee construction on City behalf; • Closing on the city condominium deferred until after expiration of LOM Put agreement in 2016. The anticipated schedule of subsequent, required approvals/actions is as follows: July 2014 CDB Development Order and Development Agreement September 2014 City Council Development Agreement July 2016 City Closing (after expiration of LOM Put option) In addition, prior to closing, the parties will be executing a set of Condominium Documents defining the ownership and management structure of the project. The Letter of Intent specified that a financial feasibility study of the projected garage be undertaken, with the results acceptable to both parties. A copy of that Analysis has been provided to Council and Paradise Group. The required two appraisals of the city acquisition have been completed; Real Estate Page5 City of Clearwater Council Worksession Meeting Minutes June 2, 2014 Coordinator Chuck Lane has provided the results. Funding for the transaction is anticipated to be the $9.3 million L.O.M. Put option reserve, anticipated to be available after June 30, 2016, combined with $2 million from the Parking Fund. Since this is indeed an opportunity acquisition to fulfill a defined objective of the Beach By Design redevelopment strategy, staff believes it merits council consideration. Fisher&Associates representative Mr. Connor presented a rendering of the west elevation. The western side of the proposed garage will not be open air but solid wall to address noise and lighting concerns. The two towers at the left and right are stair/elevator towers, which rise to 95 ft. from base elevation, the rest of the structure is 75 feet. Renderings for the north and south elevations depicted a cantilever above the third story through the seventh story. This portion of the garage is open-air. In response to questions, the City Attorney said the street where the Sandpearl Residences are located was not vacated and remains platted through. The city charter does not allow the vacation of roadways that provide access to the water's edge without a referendum. The development agreement will come before Council at a later date. The Developer is going through the site plan approval. The space allocated for retail is based on the approximate square footage and applies only to the new proposed retail. Reference to non-ad valorem revenues means the City is pledging not to raise taxes. Assistant City Manager Rod Irwin said the parking consultant will be available to answer questions at the council meeting. Planner Kevin Nurnberger said the proposal will be reviewed by the Development Review Committee this Thursday. Staff will recommend to reduce the proposed building outsets and expand the width of the panels. The City Attorney said details regarding the power lines and security measures for the garage will be included in the development agreement. The agreement to purchase will be subject to development and site plan approval. In response to questions, Mr. Irwin said property owners are not entitled to a view across someone else's property. Planning and Development Director Michael Delk said the building could be built to 150 ft. through Transfer of Development Rights (TDR) or to 100 ft. through the Comprehensive Infill process. Engineering Director Michael Quillen said a traffic study will provide information regarding the plans for the surrounding streets. Page6 City of Clearwater Council Worksession Meeting Minutes June 2, 2014 The Council recessed from 2:55 p.m. to 3:00 p.m. 4. Economic Development and Housing 4.1 Authorize the Agreement for Development and Purchase and Sale of Property between the Community Redevelopment Agency of the City of Clearwater and Prospect Park Development, LLC for the limited purposes of conveyance of property, granting of easements required for construction of the project, and entry into a Park Access Agreement and authorize the appropriate officials to execute same. (consent) The City's Community Redevelopment Agency (CRA) released a Request for Proposals/Qualifications (RFP/Q) 12-13 on February 19, 2013 with the goal of selecting a qualified Development Team to successfully develop the 5.91+/- acre site located on Cleveland Street and Prospect Avenue in Downtown Clearwater, one block east of the Downtown Core. Four proposals were received on April 2, 2013. After review and ranking, the Selection Committee recommended the CRA negotiate an Agreement with the top-ranked Developer, Prospect Real Estate Group, LLC, on June 18, 2013. The Project will consist of 257 market-rate rental dwelling units and approximately 10-15,000 sq. ft. of ground floor retail. Approximately 7 of these units will be Live/Work units fronting Cleveland Street, which will be composed of a retail/office space and a residential component. In addition, there will be 10,000 sq. ft. of accessory uses (exercise area, leasing office, and business center). CRA staff and Developer proceeded with the preparation of a definitive Development and Purchase and Sale Agreement to set forth the respective duties and responsibilities of the parties pertaining to the conveyance of the Project Site, and the design, development, construction, completion, operation and maintenance of the Project. The Development Agreement includes signature lines for the City to join the Agreement for the sole purpose of reflecting its agreement to cooperate and support the CRA in meeting its obligations to transfer the ownership of the property to the CRA, grant easements over City property required for the construction of the Property, and enter into other agreements. The CRA is scheduled to approve the Agreement at the June 2, 2014 meeting. The Development Agreement outlines a performance schedule for the Developer to file site plan and building permit applications to the City and commence construction of the Project. Page7 City of Clearwater Council Worksession Meeting Minutes June 2, 2014 5. Parks and Recreation 5.1 Approve Concession Operations Agreement from July 1, 2014 through June 30, 2015 with Edward Bates, individually, d/b/a Kinney's Kitchen (Kinney's), to provide food concession services for programs and activities held at the EC Moore Softball Complex and authorize the appropriate officials to execute same. (consent) Request for Proposals were solicited on March 24, 2014 for the operation of food concession services at EC Moore Softball Complex. A proposal from Kinney's was the only one received and staff is recommending the award of the Concession Operations Agreement to Kinney's. Kinney's has been providing concession services for the city sporting events primarily held at EC Moore Complex for the past several years. During this time Kinney's has provided excellent service to users and visitors to the Complex. The current agreement with Kinney's ends on June 30, 2014. Under this agreement Kinney's will provide food concession services at EC Moore Softball Complex for city sponsored league games, special events and tournaments as well as providing portable concessions services at other athletic sites and facilities as needed and approved by Parks and Recreation Department Director. Kinney's will pay a license fee equal to $26,000 per year. Staff is recommending shifting from a percent of gross sales to a flat monthly license fee since the financial oversight and reporting of the percent basis is difficult to manage and this assures the City of a set amount of revenue that can be budgeted in the general fund. The City will have the opportunity to renew the agreement on an annual basis up to four more additional years at which time a new RFP will be issued for renewed or new services. Fees received from Kinney's in Fiscal Year 2010/11 were $20,706, in 2011/12 was $ 23,796 and in 2012/13 was $22,982. In response to questions, Parks and Recreation Director Kevin Dunbar said staff pursued yearly contracts since there is no capital investment by the vendor. The yearly contracts also ensures the City receives the desired services. Page8 City of Clearwater Council Worksession Meeting Minutes June 2, 2014 5.2 Approve an Operational Support Agreement between the University of South Florida, Board of Trustees (USF) and the City of Clearwater (City), to offer major college softball tournaments in Clearwater at the EC Moore Softball Complex and authorize the appropriate officials to execute same. (consent) For the past several years the City and USF have partnered in providing major college softball tournaments at the EC Moore Softball Complex. This partnership has grown from a one-weekend tournament to three weeks of tournaments bringing in some of the best college softball teams in the nation. The economic impact to the community during the three weeks of tournaments in February and March generate about$3 million to the community with over 4,500 room nights at Clearwater area hotels. With the proven success of the USF tournament series, staff is requesting that a more formal Operational Support Agreement be adopted between the parties. The responsibilities for both USF and the City will remain similar to past Letters of Understanding between the parties. Primarily USF will coordinate and manage the use of EC Moore Softball Complex and act as the Tournament Director, including but not limited to set up and supervision of the sites for the tournaments and recruit between 20 and 28 Division I teams to play in each of the three weekend tournaments. The City's primary goal is to serve as host and facility operator for all of the tournaments, field preparation services, set up for all support areas, coordination of facility layout, electric and water services, on-site event staff, marketing and coordination and recruitment of volunteers for the events and securing umpires and officials for the games, providing for security, paramedics, solid waste services, park and restroom clean-up, etc. The City is responsible for the financial management and accounting for the tournaments and for collecting all revenue associated with the event and for paying all expenses from these proceeds. The City will pay USF a guaranteed fixed amount of$12,500, 3% of ticketed revenue over and above tournament expenses, 50% of hotel revenue from the hotel event sponsors and a fixed guaranteed amount of$10,000 for South Florida Fast Pitch Softball Camps, Inc. Page9 City of Clearwater Council Worksession Meeting Minutes June 2, 2014 In response to questions, Parks and Recreation Director Kevin Dunbar said teams are contractually obligated to stay in one of the sponsoring hotels or pay an additional fee. 6. Engineering 6.1 Approve a work order to Engineer of Record (EOR) McKim & Creed, Inc. in the amount of$102,061.30 to provide Construction Engineering and Inspection (CEI) services related to the East Water Reclamation Facility (WRF) Generator and Marshall St. WRF Lab Electrical Improvements Project (11-0025-UT); and authorize the appropriate officials to execute same. (consent) This work order provides for CEI services for the installation of a new 800 KW Generator and Ductbank at the East WRF. Historically the two existing legally required standby generators (North and South) for this bayside plant have resided below the Base Flood Elevation making them susceptible to flood damage at a time when they will likely be relied upon for plant emergency power. The previous approved design work order with the EOR, Arcadis, produced a design where the two existing generators will be removed and one larger generator will be mounted on a concrete platform above the base flood elevation. Emergency power to the South portion of the plant will be delivered via a new flood resistant underground concrete ductbank. In addition to the East WRF CEI services, this Agenda Item provides for CEI services for the new Marshall St. Lab uninterruptable power supply and load shed system. A previously approved design work order with the Engineer of Record, Arcadis, identified a means to facilitate meeting FDEP permit requirements (lab test results) during power outages without increasing the required generator capacity. The design, via a new emergency panel, load shed management panel, multi circuit Uninterruptible Power Supply (UPS), multiple point of use UPS and a revised circuit layout, will allow the lab's existing legally required standby generator and new UPS system to provide continuous, uninterruptible power to the critical lab circuits. The design phase was completed by April 2014 and the construction phase is scheduled for completion by July 2015. This work order was negotiated in accordance with the Consultants' Competitive Negotiations Act. APPROPRIATION CODE AND AMOUNT: 0315-96619-561300-535-000-0000 $90,834.56 Page10 City of Clearwater Council Worksession Meeting Minutes June 2, 2014 0327-96645-561300-535-000-0000 $11,226.74 USE OF RESERVE FUNDS: Sufficient budget and revenue are available in the Capital Improvement Program projects as follows: $90,834.56 from 0315-96619, WWTP Generator Replacements and $11,226.74 from 0315-96645, Laboratory Upgrade for total funding in the amount of$102,061.30. 6.2 Approve a supplemental work order to Engineer of Record (EOR) King Engineering Associates, Inc. in the amount of$79,687.00 for the East WRF Effluent Filters Rehabilitation (13-0014-UT) and authorize the appropriate officials to execute same. (consent) This Supplemental provides additional Engineering services as follows: New Filter dedicated programmable logic controller and human machine interface complete with uninterruptible power source and fiber optic cable from the plant control room to the filter building. New access manhole located upstream of the influent pump station for future bypass operations. Evaluate provision of grease removal by the new access manhole. New high pressure air compressor, air filter/dryer, chemical clean pump, wet well baffle, and miscellaneous valves and actuators in need of replacement. Construction Engineering and Inspection Services The design phase is anticipated to be completed by August 2014 and the construction phase is scheduled for completion by August 2015. This work order was negotiated in accordance with the Consultants' Competitive Negotiations Act. APPROPRIATION CODE AND AMOUNT: 0315-96664-561300-535-000-0000 $79,687 USE OF RESERVE FUNDS: Sufficient budget and revenue are available in the Capital Improvement Program project 0315-96664, WPC R and R to fund this work order. 7. Planning 7.1 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 96 units from the Hotel Density Reserve under Beach by Design and confirm a second public hearing in City Council Chambers before City Council on June 19, 2014 at 6:00 p.m., or as soon thereafter as may be heard. (HDA2013-08005) Pagell City of Clearwater Council Worksession Meeting Minutes June 2, 2014 Site Location and Existing Conditions: The 0.962-acre site is bound by Coronado Drive (west), Hamden Drive (east) and 5th Street (south). The subject property is comprised of five parcels with a frontage of approximately 180 feet along Coronado Drive and Hamden Drive. The site is currently vacant. 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 Small Motel District of Beach by Design. 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 property directly north of this property is developed with an overnight accommodation use. The City's Beach Walk project, to the west, 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 have demolished all existing structures on the site and propose to utilize the otherwise permitted density of 50 units per acre or 48 units and incorporate an additional 96 units from the Hotel Density Reserve through Beach by Design resulting in a total of 144 units (150 units per acre). The building will be 99.33 feet (from Base Flood Elevation) to flat roof with the parking on the first four levels. The proposal includes a tropical modern architecture, which is consistent with and complements the tropical vernacular envisioned in Beach by Design. Vehicular access will be provided at three points; access into the parking garage will be provided with one two-way driveway each along Hamden Drive and 5th Street. The third access point is a service driveway at the northwest corner of the site. The access point along 5th Street consists of two driveways with the eastern driveway providing an ingress/egress point for the parking garage and ingress to a short drop-off area at the hotel entry exiting back onto 5th Street. Consistency with the Community Development Code (CDC): 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 41,924 square feet in area and approximately 180 feet wide. The site is consistent with these Code provisions. Minimum Setbacks: The conceptual site plan depicts setbacks of 15 feet to building along the front (east and west) along Hamden Drive and Coronado Drive, respectively and 10 and 15 feet along the sides (north and south, respectively). The proposed Page12 City of Clearwater Council Worksession Meeting Minutes June 2, 2014 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 99.33 feet in height as measured from BFE where a height of up to 100 feet is permitted as prescribed by Beach by Design and as a Level Two (FLD) application, subject to meeting the applicable flexibility criteria of the Community Development Code. This section also requires that portions of any structures which exceed 100 feet are spaced at least 100 feet apart. 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 which does not exceed 100 feet in height. The height of the proposed building is consistent with the guidelines of Beach by Design. Minimum Off-Street Parking: The 144-room overnight accommodation use requires a minimum of 173 off-street parking spaces. A parking garage located on the first four levels of the building will provide 173 spaces. 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 all 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 (as 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 Page13 City of Clearwater Council Worksession Meeting Minutes June 2, 2014 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 to operate 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 96 units from the Hotel Density Reserve or a maximum density of 150 units per acre; • 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. It should be noted that the proposed Development Agreement includes a modification of Section 6.1.10 regarding the limitation on amplified music. The proposed agreement changes the time at which amplified music must cease from 11:00 p.m. Sunday through Thursday and 12:00 midnight Friday and Saturday by one hour; after 12:00 midnight on Sunday through Thursday, or after 1:00 a.m. on Friday and Saturday. 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. Page14 City of Clearwater Council Worksession Meeting Minutes June 2, 2014 In response to questions, Planner Mark Parry said the Applicant is building a temporary surface parking lot, under a flexible standard development, on the site. The proposed hotel will provide the typical accessories associated with a mid-price hotel. 7.2 Provide direction on the proposed Development Agreement between Decade Gulf Coast Hotel Partners, L.P. and J.K. Gulfview LLC. (the property owners)and the City of Clearwater, providing for the allocation of 30 units from the Hotel Density Reserve under Beach by Design and confirm a second public hearing in City Council Chambers before City Council on June 19, 2014 at 6:OOp.m., or as soon thereafter as may be heard. (HDA2014-04002) Site Location and Existing Conditions: The 4.87-acre subject property is located on the south side of South Gulfview Boulevard, between Hamden Drive and Bayway Boulevard with 467 feet of frontage along South Gulf Boulevard and 600 feet of frontage along the Clearwater Pass. The property spans two zoning districts including Tourist (T) and Open Space/Recreation (OS/R) and one Future Land Use Plan (FLUP) classification, Resort Facilities High (RFH). The subject property is also located within the South Beach/Clearwater Pass District of Beach by Design. The portion of the site within the T District is 3.908 acres and landward of an existing seawall. The remainder of the site is submerged land and constitutes 0.962 acres. Only the portion of the site within the T District is considered with regard to development potential such as Impervious Surface ratio (ISR), Gross Floor Area (GFA) and density. The property is not oriented due north/south and for the purposes of this agenda item the property line along South Gulfview Boulevard will be referred to as the north property line, the waterfront side as south and the other two sides as east and west. The immediate area is characterized by a variety of uses including overnight accommodation, retail, outdoor recreation and entertainment, restaurant and attached dwelling uses. The 440 and 450 West attached dwelling condominiums towers are located to the west of the subject property and are 157 feet in height (each tower). Shephard's is located to the east of the site. 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. The property is used as a 189-unit overnight accommodation use and has a valid Business Tax Receipt (BTR-0024076). The hotel units are located within two buildings ranging between seven and nine stories. These two buildings are located on the eastern two-thirds of the site. A 6,144 square-foot two story conference center is located at the southeast corner of the site. Parking is provided via a mix of surface parking and structured, under-building parking. A Page15 City of Clearwater Council Worksession Meeting Minutes June 2, 2014 landscape buffer approximately three feet in width is provided along the north property line adjacent to South Gulfview Boulevard. A public access easement with sidewalk runs along the west side of the site. Access to the site is provided from South Gulfview Boulevard via three two-way driveways with one centrally located and one each at the northeast and northwest corners of the site. Site History: ➢ On January 18, 2005, the Community Development Board (CDB) approved Cases FLD2004-04025/TDR2004-09011 for the Termination of Status of Nonconformity for density to allow the continuation of an existing 289-room/unit hotel (where 156 rooms/units were permitted at the time); site plan approval of a mixed use development, as a Comprehensive Infill Redevelopment Project and a Transfer of Development Rights for two dwelling units from 850 Bayway Boulevard. ➢ Two minor amendments were approved by the Community Development Coordinator on December 28, 2005 and April 5, 2006. ➢ On May 15, 2007, the CDB approved Case FLD2007-03008 to permit the addition of a 6,144 square-foot conference center as an accessory use to an existing hotel as a Comprehensive Infill Redevelopment Project under the (then) provisions of Section 2-803.C. All required time frames set for each of the above site plan approvals have been met and the approvals are considered vested. It is important to note that the Termination of Status of Nonconformity (TSN) request for density and the Transfer of Development Rights (TDR) run with the land irrespective of the status of any associated site plan approvals. It should also be noted that no residential units were ever physically established on the property. ➢ On January 21, 2014, the CDB approved Case FLD2013-11038 to permit a 314-room overnight accommodation use (including 189 existing units and 75 dwelling units converted to 125 overnight accommodation units previously approved and transferred under FLD2004-04025 and TDR2004-09011). The abovementioned application (FLD2013-11038) has not been vested as permits for site and/or building work have yet to be submitted. In addition, should this request for additional density from the Reserve be approved by the Council the site will need to be resubmitted to the CDB for approval due to the increase in density. In summary, the overall site plan for this site has been approved and substantially implemented through a series of Flexible Development requests over the last nine years. Development Proposal: Page16 City of Clearwater Council Worksession Meeting Minutes June 2, 2014 The owners propose to utilize the otherwise permitted density of 314 units and incorporate an additional 30 units from the Hotel Density Reserve through Beach by Design resulting in a total of 344 units (88 units per acre). It should be reiterated that the only portion of the site which provides intensity of use is the 3.908 acre portion within the T District. The current proposal is to maintain the approved site plan and elevations and, existing buildings. The additional density of 30 hotel units will be accommodated within the recently approved western building. The proposed building will be just less than 100 feet (from Base Flood Elevation) to flat roof with parking on the first five levels. Since no portion of the building exceeds 100 feet in height separation requirements from other buildings greater than 100 feet in height as otherwise required by Beach by Design do not apply. The materials and colors of the building will support its Mediterranean Revival architectural style. The building will be painted four earth tones ranging from brownish-gold to medium brown to shades of white. The building facades are broken up with a variety of offsets, windows, balconies and rooflines. The proposed hotel design is compatible with the surrounding uses and complements the existing buildings on site. It will be located approximately 17 feet from the centrally-located building already on the site. All parking for the hotel guests and employees is provided within the first five floors of the building. Guest rooms begin on the third level. A total of 352 spaces are provided within the building. This differs slightly from the approved site plans which included 346 spaces. The architect was able to modify portions of the parking levels to gain an additional six spaces. An additional 61 spaces are provided elsewhere on the site either as surface parking or under existing buildings bringing the total number of provided spaces to 413 or 1.2 parking spaces per hotel room where 1.2 spaces is required. Consistency with the Community Development Code (CDC): Minimum Lot Area and Width: Pursuant to Table 2-803, CDC, the minimum required lot area for Overnight Accommodations is between 10,000 and 20,000 square feet. The subject property is 170,232 square feet in area landward of the seawall (zoned T District). Pursuant to the same Table, the minimum lot width for overnight accommodations can range between 100 and 150 feet. The lot width of this site along South Gulfview Boulevard is 467 feet. The proposal is consistent with these Code provisions. Minimum Setbacks: Pursuant to Table 2-803, CDC, the minimum required front setbacks for Overnight Accommodations can range between zero and 15 feet, minimum side setback between zero and 10 feet and minimum rear setback between zero and 20 feet. In addition, Section 3-903, CDC, provides that parking lots shall be set back from front property lines a distance of 15 feet, and shall be set back from all other property lines a distance that is consistent with the required perimeter landscape buffer width. However, for properties within the Pagef7 City of Clearwater Council Worksession Meeting Minutes June 2, 2014 T District, the setback for parking lots shall be based a dimension consistent with the existing/proposed building setback, or at a dimension consistent with setbacks required or otherwise established by Beach by Design, whichever is less. Section F of the Design Guidelines within Beach by Design provides that all parking areas are to be separated from public rights-of-way by a landscaped decorative wall, fence or other opaque landscape treatment of not less than three feet and not more than 3.5 feet in height. Surface parking areas that are visible from public streets or other public places must be landscaped such that the parking areas are defined more by their landscaping materials than their paved areas when viewed from adjacent properties. The required setback to parking is therefore, three feet. The approved site plan includes a front (north) setback of 15 feet (to building), zero feet (to entry plaza paving) and three feet (to parking), a side (west) setback of 15 feet (to building) and zero feet (to existing public access sidewalk), a side (east) setback of 10 feet (to existing building) and zero feet (to existing parking and dumpster enclosure), a rear (south) setback of 106 feet (to building). The proposal met the setback requirements of Table 2-803, CDC, for Overnight Accommodations as well as the requirements of Section 3-903, CDC, and the applicable sections of Beach by Design. Maximum Height: Section B of the Design Guidelines within Beach by Design specifically addresses height. This section requires specific requirements for building and portions of building which exceed 100 feet in height. Pursuant to Table 2-803, CDC, the maximum height for Overnight Accommodations is between 35 and 100 feet. As examined in detail, above, Beach by Design provides further clarification as to the circumstances under which height may be increased to 150 feet. The proposed building height of just less than 100 feet to the top of the roof deck (113 to mid-point of peaked roof screening for elevator and other mechanical equipment) is consistent with this CDC section and with the guidelines of Beach by Design. Minimum Off-street Parking: Pursuant to Table 2-803, CDC, the minimum off-street parking requirement for Overnight Accommodations is between one and 1.2 spaces per unit (between 344 and 413 spaces). A total of 413 (1.2 spaces per unit) are to be provided within the first five floors of the proposed building, under existing buildings and via surface parking spaces. The proposal is therefore consistent with the Code provisions of Article 2 Division 8 and Beach by Design and no flexibility from the Code is necessary. Landscaping: Pursuant to Section 3-1202.D., CDC, there are no perimeter buffers required in the T District for this site. This proposal meets the required minimum five-foot wide foundation planting along the north side of the building. The proposal also includes a perimeter landscape buffer approximately three to five feet in width along the north side of the site. The landscape design incorporates plant Page18 City of Clearwater Council Worksession Meeting Minutes June 2, 2014 material that is native and/or naturalized and salt tolerant, while providing visual interest. It should be noted that the proposal is consistent with Section F of the Design Guidelines of Beach by Design which provides that surface parking be buffered with landscaping at least three feet in width and 3.5 feet in height. The CDC requires that at least 10 percent of the vehicular use area be dedicated to landscaped area where just over 10 percent is provided. Pursuant to Section 3-1202.8., CDC, up to 75 percent of required shade trees may be provided with palm trees where no shade trees are proposed. The proposal received relief from this requirement through the inclusion of a Comprehensive Landscape Program pursuant to Section 3-1202.G., CDC. Consistency with Beach by Design: Design Guidelines: A thorough review of the provided architectural elevations and massing study was conducted as part of the most recent Flexible Development review process and the proposed building was found by the CDB to be consistent with the applicable Design Guidelines established in Beach by Design. 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 to operate 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 30 units from the Hotel Density Reserve or a maximum density of 88 units per acre; • Requires the developer to obtain building permits and certificates of occupancy in accordance with Section 4-407, CDC; • 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. Page19 City of Clearwater Council Worksession Meeting Minutes June 2, 2014 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. In response to questions, Mark Parry said there are no exterior changes being proposed. If additional units are allocated, the application will have to go back to the Community Development Board. There will be 1.2 parking spaces per unit. The property will consist of three hotel buildings and a conference center. Mr. Parry said staff does not review how the facility will operate. The ground floor will have retail and public spaces. The space between the sidewalk and the entrance of the building is pedestrian in nature. The City Attorney said Council is approving the application as a separate hotel, which may be operated in conjunction with the Holiday Inn. Reservation desk requirements are included in the development agreement. 7.3 Approve a 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; adopt Resolution 14-11, and authorize the appropriate officials to execute same. (H6A2013-08004) Development Proposal: Two changes have been made to the Development Proposal presented at the May 15, 2014 Council meeting; (1) Schedule C has been modified to match the Development Agreement clarifying that all the units proposed for the site are hotel units and that no unit will be residential and (2) language has been added to the Development Agreement addressing the use of amplified music. No other changes are proposed with regard to the Agreement, Conceptual Site Plan or Conceptual Elevations. 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). Page20 City of Clearwater Council Worksession Meeting Minutes June 2, 2014 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 140 feet (from Base Flood Elevation) to flat roof with parking on the first four 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 (CDC): No changes have been made to the Conceptual Site Plan presented at the May 15, 2014 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: No changes have been made to the Conceptual Site Plan presented at the May 15, 2014 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: 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 100 units from the Hotel Density Reserve or a maximum density of 113 units per acre; • 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. Page21 City of Clearwater Council Worksession Meeting Minutes June 2, 2014 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 100 units from the Hotel Density Reserve under Beach by Design. 8. Public Utilities 8.1 Approve a Blanket Purchase Order to SNF Polydyne Inc., of Riceboro, GA, in the amount of$449,322.30, for Polymer Services for a one-year period, and authorize the appropriate officials to execute same. (consent) Polymer is used at the City's three Water Reclamation Facilities (WRF) to thicken biosolids and reduce the amount of water in the final dewatered cake; thereby, reducing hauling and disposal costs. Biosolids must be processed daily at all three facilities to meet permit requirements. In 2011, the City entered into a Performance Based Contract with Siemens Industry, Inc. that included the installation of centrifuge dewatering devices to replace existing, outdated and inefficient belt filter presses. The centrifuges are now operational; however, this change in technology requires a re-evaluation of the type and quantity of polymer used by the new centrifuges. The Siemens-managed polymer testing has yet to identify a definitive "most appropriate and cost-effective" polymer for use with the new centrifuge units. One year ago, two of four solicited polymer manufacturing/supply firms expressed interest in testing and quoting to Siemens within the new parameters, and they were approved to conduct jar testing. To date, only one firm has tested and provided resulting documentation along with a price quote, SNF Polydyne, Inc. (the City's current polymer supplier). Others have declined for various reasons; most often referenced was that their manufacturing location would make transportation inefficient and cost prohibitive, given the relatively small quantities of polymer required by the City. Since SNF Polydyne conducted their testing and provided their quote last year, no other firm has expressed an interest to conduct tests and provide a quote for polymer. Staff has requested that Siemens continue attempting to locate an additional supplier that can meet the performance requirements at a reasonable cost; to date they have not located any additional firms. Therefore, the only polymer that can be utilized at this time is that supplied by SNF Polydyne, and no additional bids have been obtained. The current contract for polymer supply with SNF Polydyne, Inc. expires on Page22 City of Clearwater Council Worksession Meeting Minutes June 2, 2014 June 30, 2014. SNF Polydyne has agreed to hold the current contract price of $1.05 per pound for the next contract period. Staff recommends this BPO be awarded to the one company who was willing to fully test, document, and quote their product. APPROPRIATION CODE AND AMOUNT: Sufficient budget is available in the Water and Sewer Utility Fund operating cost center 0421-01351-551000-535-000-0000, WPC Operations, to fund $113,253.84 of the current year cost of this contract increase and is planned in the budget request to be brought forward for Fiscal Year 14/15 in the amount of$336,068.46. 0421-01351-551000-535-000-0000 $113,253.84 Fiscal Year 13/14 0421-01351-551000-535-000-0000 $336,068.46 Fiscal Year 14/15 9. Solid Waste 9.1 Award a contract (purchase order) to Sage Eco Solutions, Inc. of Riverview, FL in the amount of$252,500 for the hauling of yard waste from the City's solid waste facility to the contractor's facility for the period June 5, 2014 through June 4, 2015 as provided in the City's Code of Ordinances, Section 2.561 and authorize the appropriate officials to execute same. (consent) The City of Clearwater's Solid Waste Department collects yard waste from commercial and residential customers. This yard waste is transported by city vehicles to the City's state-permitted yard waste transfer facility located at 1701 North Hercules Avenue and it is subsequently loaded in the contractor's tractor/trailer for hauling. The contractor delivers the yard waste to an organic soil farm near Lakeland for composting. It is estimated that 10,000 tons will be hauled annually, and the only price to be charged for this service will be a per ton price. The Purchasing Department advertised a request for bids, Clearwater Bid # 32-14, for the hauling services in the Tampa Bay Times on May 3, 2014 and advertised on the City's website from April 25, 2014 through May 14, 2014. The City received two bids, which were opened on May 14, 2014. The companies who submitted bids were Consolidated Resource Recovery Inc., of Sarasota, FL and Sage Eco Solutions, Inc. of Riverview, FL. Sage Eco Solutions, Inc. submitted the lowest bid. APPROPRIATION CODE AND AMOUNT: Page23 City of Clearwater Council Worksession Meeting Minutes June 2, 2014 0-424-02082-543500-534 Solid Waste Dump Fees $252,500.00 These funds are available in the operating expense of the Solid Waste Fund as budgeted for in Fiscal Year 2013/14 and Fiscal Year 2014/15. 10. Official Records and Legislative Services 10.1 Reappoint Peggy Cutkomp as the Real Estate Professional in connection with Affordable Housing and appoint Kristin Dailey as the Employer's Representative to the Neighborhood and Affordable Housing Advisory Board with terms to expire June 30, 2018. (consent) 11. Legal 11.1Amend Section 3-1508 of the Community Development Code of the City of Clearwater to clarify prohibited noises and pass Ordinance 8570-14 on first reading. The proposed amendments are intended to more clearly capture within the types of prohibited noise those rumbling or reverberating rhythmic bass type sounds that many residents frequently hear while traveling by motor vehicle throughout the city or within their residences. Additionally, because the courts have held that amplified music is a form of communication and expression protected by the First Amendment, the proposed amendments will fortify the noise ordinance against constitutional attack. For example, the Florida Supreme Court held that the State of Florida's noise statute prohibiting sounds heard 25 feet or more and coming from motor vehicles was unconstitutional because those engaged in political or commercial activities while using a sound truck, for example, were exempted from the noise statute. Similarly, the preferential treatment afforded to noise coming from religious worship activities regardless of how disturbing the noises are to reasonable persons of ordinary sensibilities could subject the ordinance to an attack under the Equal Protection Clause of the Federal and State Constitutions. For example, currently, the exception would arguably allow a church to ring bells at 2:00 a.m.; and police could not take any action because of the exemption contained in the ordinance. The exemption is unnecessary because a police officer will always be making a determination if a sound is so loud as to be disturbing to reasonable persons of ordinary sensibilities. Thus, it is difficult to conceive of a situation where a Page24 City of Clearwater Council Worksession Meeting Minutes June 2, 2014 church was engaged in routine worship activities that would ever meet the threshold of becoming a noise violation: that is, that a reasonable person of ordinary sensibilities would find the activity to be disturbing. Moreover, the intent clause added to Section 3-1508A clearly states that "[i]t is the intent of this section to regulate unreasonably excessive noise and not to interfere with or unduly burden the exercise of a person's freedom of speech, expression, or religion." The proposed amendments will go before the Community Development Board on Tuesday, June 17. In response to questions, Assistant City Attorney Rob Surette said without a local ordinance, law enforcement does not have the authority to enforce amplified noise. Officers must witness the violation in order to enforce the ordinance. 11.2Adopt Ordinance 8558-14 on second reading, annexing certain right-of-way located on Belcher Road, north of Sunset Point Road to Montclair Road, including all of the right-of-way within the intersection of North Belcher Road, Montclair Road, and Old Coachman Road into the corporate limits of the city and redefining the boundary lines of the city to include said addition. 11.3Adopt Ordinance 8559-14 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain right-of-way located on Belcher Road, north of Sunset Point Road to Montclair Road, including all of the right-of-way within the intersection of North Belcher Road, Montclair Road, and Old Coachman Road, upon annexation into the City of Clearwater, as Residential Medium (RM). 11.4Adopt Ordinance 8560-14 on second reading, amending the Zoning Atlas of the city by zoning certain right-of-way located on Belcher Road, north of Sunset Point Road to Montclair Road, including all of the right-of-way within the intersection of North Belcher Road, Montclair Road, and Old Coachman Road, upon annexation into the City of Clearwater, as Medium High Density Residential (MHDR). 11.5Adopt Ordinance 8564-14 on second reading, annexing certain real property whose post office addresses are 1278 Palm Street and 2017 North Betty Lane, all in Clearwater, Florida, 33755, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Page25 City of Clearwater Council Worksession Meeting Minutes June 2, 2014 11.6Adopt Ordinance 8565-14 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office addresses are 1278 Palm Street and 2017 North Betty Lane, all in Clearwater, Florida, 33755, upon annexation into the City of Clearwater, as Residential Urban (RU). 11.7Adopt Ordinance 8566-14 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office addresses are 1278 Palm Street and 2017 North Betty Lane, all in Clearwater, Florida, 33755, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). 12. City Manager Verbal Reports — None. 13. Council Discussion Item 13.1 Lake Belleview Fishing Pier in Ross Norton Park - Councilmember Jonson Councilmember Jonson said the newly completed trail did not encircle the lake as presented. The fishing pier was not connected to the land due to a change in land elevation caused by the stormwater program and the trail installation. The pier is in excellent condition. Options to address the pier are: 1) construct a connection to the trail for$30,000, 2) rebuild the existing pier to align it to the elevation of the trail for$35,000, or 3) remove existing pier, using existing staff, for a zero cash cost. The community reports that the pier was used frequently. He expressed concern that staff did not report any issues while the projects were underway. Parks and Recreation Director Kevin Dunbar said the City Manager recommends that the pier be removed. The pier is not ADA accessible. The City does not own all the land around the lake and reason why the trail does not encircle the lake. Mr. Dunbar said the pier will have to meet ADA accessibility standards if modified. The trail was constructed to be an internal fitness trail that encircled the park, which will eventually connect to the Pinellas Trail. Mr. Dunbar said recent estimates suggest it will cost approximately$55,000 to make the pier ADA accessible and $50,000 to replace the pier. Discussion ensued with concerns expressed with safety hazards of current condition. It was suggested that staff request an estimate to elevate the pier to the same level of the trail with pilings. Page26 City of Clearwater Council Worksession Meeting Minutes June 2, 2014 Staff was directed to place Item 13.1 under Other Council Action for the council meeting. 13.213rief update on Pinellas Suncoast Transit Authority Service Adjustments - Councilmember Jonson Councilmember Jonson reviewed recent route changes for improved service and invited all to the Route 78 ribbon cutting on June 11, 2014. 14. Closing Comments by Mayor— None. 15. Adjourn The meeting adjourned at 4:35 p.m. Page27 City of Clearwater