Loading...
09/29/2014 Council Worksession Meeting Minutes September 29, 2014 City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 e Meeting Minutes Monday, September 29, 2014 1 :00 PM Council Chambers Council Worksession Page 1 City of Clearwater Council Worksession Meeting Minutes September 29, 2014 Roll Call Present 5 - Mayor George N. Cretekos, Vice Mayor Doreen Hock-DiPolito, Councilmember Bill Jonson, Councilmember Hoyt Hamilton and Councilmember Jay E. Polglaze Also Present —William B. Horne — 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 Coordinator To provide continuity for research, items are listed in agenda order although not necessarily discussed in that order. 1. Call to Order The meeting was called to order at 1:00 p.m. at City Hall. 2. Presentations — Given. 2.1 NACWA Silver Awards - East and Northeast Water Reclamation Facilities - Loren Pratt and Jeffrey Borden 3. Human Resources 3.1 Approve the collective bargaining agreement as negotiated between the City of Clearwater and CWA Local 3179 for Fiscal Years 2014/15, 2015/16, and 2016/17 and authorize the appropriate officials to execute same. (consent) The current collective bargaining agreement between the City of Clearwater and CWA Local 3179 expires on September 30, 2014. City management staff and representatives of CWA Local 3179 reached a tentative agreement for a new contract. The bargaining agreement was subsequently submitted by the Union to its bargaining unit which ratified the agreement by a vote of 395 to 33 on September 11, 2014. The agreement is a three-year contract providing for a $1500 base pay merit increase in the first year, a 3% base merit increase in the second year, and a 2.5% base merit increase in the third year for all bargaining unit personnel who attain a rating of Meets expectations or better on their annual performance evaluation, with any amount that exceeds the employees' respective pay range maximum being paid as a one-time lump sum. Page 2 City of Clearwater Council Worksession Meeting Minutes September 29, 2014 The agreement also includes additional incentives for Building inspectors to obtain multiple licenses, an increase in the annual tuition reimbursement amount from $650 to $1200, pay for court time when subpoenaed outside of work hours, the inclusion of domestic partners as immediate family members for the use of sick leave and funeral leave, and administrative changes that will provide for greater consistency in the distribution of safety shoes as well as the assignment of meal times and overtime. APPROPRIATION CODE AND AMOUNT: The costs associated with the implementation of this agreement are anticipated to be approximately as follows: FY 2014/2015: $1,532,000 All funds $619,000 General Fund FY 2015/2016: $1,578,000 All funds $637,600 General Fund FY 2016/2017: $1,617,000 All funds $653,500 General Fund TOTAL: $4,727,000 All funds $1,910,100 General Fund A first quarter budget amendment will allocate reserves from the operating funds to cover the cost of CWA pay increases for the current budget year. Future budgets will include the contract costs in the proposed budgets. In response to questions, Human Resources Director Joe Roseto said the 2015 base pay merit increase will be included in the 2016 base pay increase. Those at the top of their pay range will receive a lump sum payment, the merit increase will not be included in their base. Staff was directed to provide the five-year fiscal forecast to include the merit pay increases. There was consensus to take Item 3.1 off the consent agenda. 3.2 Amend Chapter 2, Article V, Division 3 of the City of Clearwater Code of Ordinance amending the Employee Pension Plan to comply with Section 401(a)(31)B of the Internal Revenue Code, and pass Ordinance 8607-14 on first reading. Internal Revenue Regulations require two amendments to the Clearwater Employee Pension Ordinance. The changes to Section 2.398 and restated in Section 2.424 (Time and Manner of Payment) requires the Plan Administrator to deposit any lump sum payout exceeding $1000 into an individual retirement plan designated by a trustee should the distribute not make an election otherwise. Page 3 City of Clearwater Council Worksession Meeting Minutes September 29, 2014 The changes to Section 2.393 and restated in Section 2.412 add additional language to the definition for compensation to include severance payments and overtime. 3.3 Employee Health Center Update (WSO) The Employee Health Center has been in operation since July 2010. This presentation will provide an update concerning the operation of the facility and the saving the City has recognized since its inception. Human Resources Director Joe Roseto provided a PowerPoint presentation. 3.4 Authorize the funding of city medical insurance and a contract between the City and Cigna Healthcare for administrative services under a partial self-insured funding arrangement for the period of January 1, 2015 to December 31, 2015 at a total cost not-to-exceed $16.8 million, to be funded through city budgeted funds, payroll deduction of employee premiums, and reserves from the City's Central Insurance Fund. (consent) For plan year 2015, the City's Agent of Record the Gehring Group provided an actuarially supported renewal based on the City's claims trending and projected an increase of 10.9% in funding of the plan would be necessary to meet the claims and administrative cost obligations of the plan while maintaining the plan design in effect for 2014. Cigna has implemented a new physician network referred to as Local Plus which recognizes a sub-group of physicians within their network that are achieving optimal outcomes in patient care and cost saving. Based on a review of the City's 2013 claims for service, Cigna has estimated the City could realize savings of between 4% - 8% if such claims had been administered through the Local Plus network. The proposed renewal would adopt two new Cigna Local Plus Network plan options maintaining the current City PHA and Base Plan schedules of benefits, with a requirement that participants complete a Personal Health Assessment through the City's Employee Health Center and also complete the Cigna online Health Assessment tool in order to be enrolled in the PHA plan. The proposed renewal would also incorporate mental health/substance abuse coverage under the medical plan with Cigna, as the City's EAP provider MHNet has indicated it will no longer offer MH/SA coverage on a fully-insured basis. In addition to the medical insurance renewal, as an incentive for each employee who completes the Health Assessment requirements the City would share 50% of any budgeted surplus to fund an individual Health Reimbursement Account in an amount between $100-$500 dependent on a pre-determined schedule Page 4 City of Clearwater Council Worksession Meeting Minutes September 29, 2014 based on the amount of savings realized. The City's Benefits Committee voted unanimously to recommend to City Council that the proposed plan design, rates, Health Assessment requirements, and wellness incentives be adopted and that Cigna be retained as administrator of the City's account for 2015. Staff concurs with the Benefits Committee recommendations. The cost of implementing this plan option would result in an increase to the City's contribution of an estimated $892,000, or 7.4% for calendar 2015 versus the prior year. The total estimated calendar year 2015 cost would be approximately $16.66 million ($13.02 million City share, $3.64 million employee/retiree/cobra share). For fiscal year 2015, the City has budgeted $12,813,900 for approximately 1,498 full time positions for the City's share of medical insurance coverage. The City's estimated share of actual expenses for fiscal year 2015 per this recommendation is estimated at$12,832,200. The difference of$18,300 would be funded by the reduction in the cost for the mental health/substance abuse coverage as a result of folding the coverage under the Cigna medical plan rather than MHNet, which is expected to save the City approximately $75,000 annually. This recommendation also maintains the current funding strategy for City contributions to health care premiums representing 100% of the cost for Employee Only, 75% of the cost for Employee plus One, and 68% of the cost for Employee plus Family coverage. APPROPRIATION CODE AND AMOUNT: 590-07000-545600-000-medical Human Resources Director Joe Roseto provided a PowerPoint presentation. In response to a question, Mr. Roseto said under the new plan, employee + 1 will be increased by$14 per month. The only way to control healthcare costs are by filing less claims. 3.5 Amend the City of Clearwater Money Purchase Pension Plan Second Restatement to comply with Section 7121 of the IRS Code, codify the amended Second Restatement as Division 6, Chapter 2, Clearwater Code of Ordinances, and pass Ordinance 8612-14 on first reading. Page 5 City of Clearwater Council Worksession Meeting Minutes September 29, 2014 The City of Clearwater Money Purchase Plan was established effective August 28, 1997 and restated November 20, 2008. The plan must be amended to comply with the provisions of the Economic Growth and Tax Relief Reconciliation Act of 2001 (EGTRRA). The amendment will amend Section 6.5. Limitations on Contributions of the Plan by amending Section 6.5(b) and deleting Section 6.5(c). This amendment eliminates the requirement to dispose of excess annual additions to contributions. The Money Purchase Pension Plan Second Restatement was approved by City Council on November 6, 2008, but was not codified. The current Ordinance instructs Municode Corporation to codify the amended Second Restatement. 4. Fire Department 4.1 Approve the Fire Protection Services Agreement between Pinellas County Fire Protection Authority and City of Clearwater for a three-year term beginning October 1, 2014 through September 30, 2017 and authorize the appropriate officials to execute same. (consent) The Pinellas County Fire Protection Authority is a special district created for the purpose of providing fire protection services throughout the unincorporated areas of Pinellas County, pursuant to Chapter 73-600, Laws of Florida. Pinellas County has contracted with various municipalities and independent special fire districts in the County to provide fire protection services, which include: • response of firefighting apparatus, units and personnel to the scene of a fire, life safety related emergency, man-made or natural disaster, or public series request; • command and control of the emergency scene, containment of any fire and mitigation of any hazards, including specialized rescue; • investigation of any fire to determine the cause and origin; • inspection of commercial, industrial and multi-family dwellings for compliance with fire and life safety codes; and • education of the public in fire prevention, life safety, and disaster preparedness. In 1999, the Fire Protection Authority signed a 10-year agreement with the contract providers that expired on September 30, 2009. Since 2009/10, the Fire Protection Authority and the contract providers have extended the contract for one year terms. The current agreement expires September 30, 2014. The current proposal is for a 3-year term. The agreement may be extended for an additional two years following the initial Page 6 City of Clearwater Council Worksession Meeting Minutes September 29, 2014 term upon the mutual agreement of the parties. Through this contract, Clearwater Fire and Rescue will provide fire protection services to the residents of the City of Clearwater and to individuals within the unincorporated area of Pinellas County that is located within the Clearwater Fire Control District. The City of Clearwater has 6.49 square miles of unincorporated land located within the Clearwater Fire Control District. Pinellas County Fire Protection authority will continue to compensate Clearwater Fire and Rescue for the fiscal year commencing October 1, 2014 under the same terms as the previous contract. Under that contract 10.9% of the Clearwater Fire District was determined to be unincorporated Pinellas County for 2014. Therefore, the County reimbursed the City 10.9% of the net department budget or approximately $2.0 Million for fiscal year 2014. The reimbursement percentage can fluctuate year to year as property values within the fire district change. 5. Parks and Recreation 5.1 Approve a recommendation by the Public Art and Design Board for the commission of a public art installation entitled Accumulate to be installed at Fire Station 45 located at 1140 Court Street, as designed by artist Aaron Stephan for a total cost of$106,950.00 to be funded from the Main Station Fire Construction capital improvement project. (consent) The theme and scope of the project was determined with input from representatives from project construction team, the Clearwater Fire department and members of the Parks and Recreation department. The desired intent for the artwork was to commission public artwork that serves as an artistic enhancement to the City's fire station and best exemplifies the spirit of the firefighter. The Public Art and Design Board appointed a five-member Selection Panel comprised of individuals representing specified interests and expertise as follows: Neale Stralow (Chair), member of the PADB Chief Robert Weiss, Fire Department representative Tara Kivett, construction manager and building representative Felicia Leonard, Parks & Recreation representative Noah Rollins, Gensler Architects and Rollins Fine Art, aesthetics representative A nationwide Call to Artists was issued and three artist finalists were invited to create a site-specific proposal of artwork for the memorial. On August 11, 2014 the Selection Panel met to review the site-specific proposals and selected the concept of artist Aaron Stephan as it best fit the theme and artistic desires of the project stakeholders. Page 7 City of Clearwater Council Worksession Meeting Minutes September 29, 2014 On September 4, 2014 the Public Art and Design Board unanimously approved Mr. Stephan's proposal. The Board is recommending this artist's proposal of public artwork to the City Council. This item supports the City's Strategic Vision by providing public art for the citizens as well as visitors to Clearwater making Clearwater a better place to live, learn, work, visit and play. This commission represents the City's ongoing commitment to the Public Art and Design Program through commissions of public art for City capital improvement projects, a process that is not affected by the mandatory to voluntary transition of the Public Art and Private Development program. APPROPRIATION CODE AND AMOUNT: Funds are available in capital improvement project 315-91253, Main Station Fire Construction. In response to questions, Recreation Specialist Christopher Hubbard said the proposed piece will be installed in the facility's southwest corner, where the public entrance/atrium is located. The art piece will be visible, and not visible, at various points of the day. The sculpture will be lit at night for a nighttime presence. Mr. Hubbard said staff would contact the Chihuly Museum regarding dusting and care. Dusting would not be needed during the first five years. The City's public art program requires the piece to be I% of the project's construction cost and budgeted as part of the project. Placement of the piece was discussed with Project Manager Tara Kivett, the atrium was determined to be the best location. Mr. Hubbard said there is insufficient green space on the site for an outdoor sculpture. Concerns were expressed with cost of the artwork and inability to view piece from the outside. It was suggested that the artist provide a digital simulation of what the art piece would look like in the day and night. Staff was directed to take Item 5.1 off the Consent Agenda. 5.2 Approve a Maintenance Memorandum of Agreement (MOA) with the State of Florida Department of Transportation for the maintenance of the non-standard 10' wide concrete sidewalk on the north side of SR 590, NE Coachman Road and authorize the appropriate officials to execute same. (consent) State Road 590, NE Coachman Road, will be reconstructed by the Florida Department of Transportation in 2015 from just west of its intersection with Belcher Road to just east of US Hwy 19. Page 8 City of Clearwater Council Worksession Meeting Minutes September 29, 2014 As part of the roadway project, the reconstruction includes sidewalks. This MOA only applies to the portion of sidewalk from Old Coachman Road to the Duke Energy right-of-way. This 10 ft. concrete sidewalk will serve as part of the Duke Energy Trail. The Duke Energy Trail will utilize the Ream Wilson Trail from its terminus at the Ream Wilson Trail (near Bright House Networks Field) to the intersection of NE Coachman Road. At the intersection of NE Coachman, the trail will continue northeast along the north side of State Road 590 to Duke Energy right-of-way. This alignment is necessary to avoid a crossing of the CSX railroad tracks. The Duke Energy Trail is of significant regional impact, and has been identified in the City of Clearwater's 2006 Bicycle and Pedestrian Master Plan, the Pinellas County Long Range Transportation Plans, and represents a cooperative effort between the City of Clearwater, Pinellas County, Hillsborough County, the City of Tampa and the Florida Department of Transportation. The MOA requires that the City provide routine maintenance of this section of sidewalk (trail) including, but not limited to mowing, minor asphalt repair, debris removal, residue accumulation removal, and other minor repairs. The Florida Department of Transportation will be responsible for major maintenance items. The City of Clearwater currently maintains part of the landscaping along State Road 590 as well as the Ream Wilson Trail and does not anticipate any substantial financial impacts caused by this MOA that cannot be addressed within our existing budget. This item supports the City's Strategic Vision by providing quality maintenance of public rights-of-ways and sidewalks thus providing safe alternative transportation and recreational paths in the City for residents and visitors. In response to questions, Parks and Recreation Director Kevin Dunbar said the trail currently goes to the Carpenter Complex and terminates into the Ream Wilson Trail. The trail user would cross Old Coachman Road to stay on the Ream Wilson Trail and then cross over SR 590 to access the Duke Energy Trail. This configuration allows for one crossing of CSX railroad instead of two. 5.3 Award a contract (purchase order) to Complete Property Services Inc. (CPS), of Oldsmar Florida Bid 25-13, for$243,099 to perform Phase 11 of structural caulking and concrete repairs needed throughout Bright House Field stadium. On October 3, 2013 the City Council approved awarding a contract to CPS to perform Phase I of structural caulking and concrete repairs at Bright House Stadium for $241,272. Phase I addressed the repairs needed for the seating bowl while Phase 11 will address the suite areas and office areas on the second floor, stairwells, as well Page 9 City of Clearwater Council Worksession Meeting Minutes September 29, 2014 as all other joints in the stadium not repaired under Phase I. This contract will provide for completion of Phase II. CPS agreed to hold their cost on their original bid 25-13. This is a 120 day project and will be completed prior to Spring Training 2015. Sufficient funds are available in Capital Improvement Program project 315-93640, Bright House Field Repairs, for this contract. This item supports the City's Strategic Vision to provide quality facilities (Bright House Field) for not only the enjoyment by residents but to promote the sports tourism associated with the Phillies. APPROPRIATION CODE AND AMOUNT: Funds are available in capital improvement project 315-93640, Bright House Field Repairs, to fund this contract. 5.4 Approve a one-year Agreement with Juvenile Welfare Board (JWB) and the City of Clearwater for funding of youth programs, at a rate of$22.56 per child, per day; approve a first quarter budget amendment of$402,442 into 181-99872, and authorize the appropriate officials to execute same. (consent) Since 2000, the City has received funding from JWB Children's Services Council to provide after school and summer programming for youth in Clearwater. Once again, the City has been awarded funding for youth programming for Fiscal Year 2014/2015 from Juvenile Welfare Board. In the past several years, Coordinated Child Care was an administrative service agency used by JWB to distribute and oversee these funds. This year, the City is contracting directly with JWB. Rather than funding a set amount for the program, this Agreement will pay $22.56 per child, per day. The budget is based on a current average of 64 children participating in the program on a daily basis. There are 261 reimbursable days during the year. $22.56 x 64 children x 261 days = $376,842. In addition, professional service enrichment funding of$400 per child is allocated. This amount is $25,600; $400 x 64 children = $25,600. The total funding allocation is $402,442; $376,842 + 25,600 = $402,442. Charting a Course for Youth is a program developed to nurture youngsters at the Clearwater neighborhoods in which youth need the most direction. The program leaders have developed a safe haven for community youth ages 7- 14 at Ross Norton and North Greenwood Recreation Complexes. The program is designed to incorporate exercise and nutrition based activities in an after school and summer camp setting, to encourage healthy lifestyle choices, improve social skills, increase athletic abilities, and develop leadership Page 10 City of Clearwater Council Worksession Meeting Minutes September 29, 2014 skills of the participants. Academic enrichment curriculum is also included in the program. There is no requirement to continue the program when the grant ends. This item supports the City's Strategic Plan by partnering with other public organizations to be more efficient in providing services and programs to the youth of our community. APPROPRIATION CODE AND AMOUNT: A first quarter budget amendment funded by Juvenile Welfare Board into Special Program Fund Coordinated Child Care 181-99872, in the amount of $402,442. In response to questions, Parks and Recreation Director Kevin Dunbar said youth programming includes after school and summer activities. JWB funding requires that the activities include specific curriculum and enrichment series. 5.5 Approve increased funding for Special Program Fund Special Events (181-99865) by $275,000 from unappropriated retained earnings to assist in funding City Centennial Celebration Events including a major concert at Coachman Park ($200,000), and a downtown parade with fireworks ($75,000). (consent) The City Centennial Celebration Committee and City Council have been working for over a year on developing a plan to recognize and celebrate the City's one hundred years of existence. It is designed to be an exciting year of remembering the past, celebrating the present and anticipating the future for the citizens of Clearwater. City of Clearwater will partner with the community and community groups throughout the year to celebrate the City and have fun doing so. Staff will reach out to existing partners and others who may want to join the party including the Tampa Bay Rays, Tampa Bay Buccaneers, Phillies, Ruth Eckerd, Morton Plant, Clearwater Marine Aquarium, our event sponsors and many others to make this a memorable year. Each month from January to December there will be a special event that will recognize the centennial and place emphasis on who we are as a City. At the August 18, 2014 Council worksession, staff received informal direction from Council to move forward with planning a major concert at Coachman Park to be held in April and a community parade to be held on Memorial Day weekend. In order to do this staff is requesting additional funding to seed and produce these two events for $275,000. Additional funding required to produce both events is to be generated through ticket sales, sponsors, Page 11 City of Clearwater Council Worksession Meeting Minutes September 29, 2014 beverage sales and vendor revenue. Prior Funding approval of$150,000 has already been set aside and being used to fund all of the other year long activities associated with the events including centennial book, window clings, rotating art display, logo contest awards etc. A first quarter budget amendment will provide a transfer of$275,000 from unappropriated retained earnings to Special Events 181-99865. This item supports the City Strategic Vision by providing opportunity for community engagement throughout the year by celebrating the wonderful place we call home, City of Clearwater. APPROPRIATION CODE AND AMOUNT: A first quarter budget amendment will provide a transfer of$275,000 from unappropriated retained earnings to Special Program Fund Special Events 181-99685. In response to questions, Parks and Recreation Director Kevin Dunbar said that there would be a limit on the number of concert attendees even if it is a free concert. If people bring their own chairs, it cuts down on the number of people allowed in the event. Mr. Dunbar said the Fire Marshall determines the amount of people that are allowed in. A comment was made that with this type of budget, it would be a sellout crowd. It was suggested that Beach Walk be used as a parade route. 5.6 Approve Sponsorship Agreement (Agreement) between the City and CBS Radio Stations, Inc. (CBS Radio) for MAXIMA'S Hispanic Heritage Concert (Event) to be held at Coachman Park on October 12, 2014 and authorize the appropriate officials to execute same. (consent) CBS Radio has partnered with the City on several successful concerts over the past years; including Hispanic Heritage Concerts and Wild Splash Concerts. The Hispanic Heritage Concert is one of the Class 3A events Council approved in the annual Special Events Agenda Item on April 18, 2013. This Class 3A event is produced by the Parks and Recreation Department with all costs being covered by revenues from the event. This agreement spells out the responsibilities of both CBS Radio and the City and other terms relating to the concert. It is similar to other concert agreements the City Council has approved. CBS Radio responsibilities primarily include helping to secure the talent for the Event, promotion of the event on their radio station and website, remote Page 12 City of Clearwater Council Worksession Meeting Minutes September 29, 2014 broadcast the day of the event and other miscellaneous promotional activities. The City will provide the event location, setup, production, sale of tickets, security, and all staffing needed for the event. Revenues from the event more than cover the cost of the event and profits made from the event are deposited back into the Special Event Fund so that other concerts and events can be conducted for the residents of Clearwater at little or no cost i.e. Celebrate America, Fun N Sun, etc. The event is very well received and has had maximum capacity of Coachman Park during the past several years. This item supports the City's Strategic Vision by providing a diverse community festival for the citizens as well as visitors to Clearwater making Clearwater a better place to live, learn, work, visit and play. 5.7 Award a contract (purchase order) to TS Sports of Dallas, TX, Bid 14-0030-PR for the construction and installation of a new video and scoreboard for Bright House Field which includes a 10% contingency, for$680,484; and transfer $776,214 to Bright House Field Repairs (CIP315-93640) from unappropriated retained earnings to complete the funding for this project and authorize the appropriate officials to execute same. (consent) Included in the Fiscal Year 2014/15 Capital Improvement budget is $216,900 for the replacement of the existing scoreboard at the stadium. Additionally $200,000 was budgeted in Fiscal Year 2015/16 to replace the video display board. Both the scoreboard and video boards have been failing for some time and parts are no longer available to make even the smallest necessary repairs. Staff from both the Phillies/Threshers as well as the City with the help and advice from consultants came to the same conclusion that the existing video and scoreboard would not last another season and thus, are recommending that they be replaced prior to the beginning of baseball season in 2015. Competitive bids were solicited for the design, construction and installation of the new score board and video system with three respondents. Two were qualified to place bids while the third did not meet necessary standards to qualify. TS Sports had the lowest and most responsive bid at$680,484 (Option 3 and Alternate 4). This contract will provide for the removal of the existing scoreboard and video board, design of the new system, construction of the new boards, maintenance of the boards when complete and spare parts for future repairs. The new video system will be state of the art and carry a 10-year warranty on parts and labor. A separate bid is being developed to purchase the remaining items needed to Page 13 City of Clearwater Council Worksession Meeting Minutes September 29, 2014 complete the operational aspects of the video and scoreboard including cameras, switching gear, etc. estimated to cost$250,000. Summary of expenses and revenues as follows: Expenses: $680,484 TS Sports bid $250,000 Additional cameras and equipment $ 62,630 Professional services costs $993,114 Total Revenues:$216,900 Existing CIP 315-93640 $776,214 Retained earnings $993,114 Total This is a 120 day project and will be completed prior to Spring Training 2015. This item supports the City's Strategic Vision to provide quality facilities (Bright House Field) for not only the enjoyment by residents but to promote the sports tourism associated with the Phillies. USE OF RESERVE FUNDS: Funding for this contract will be provided by a first quarter budget amendment allocating General Fund reserves in the amount of$776,214 to capital improvement project 93640, Bright House Field Repairs. The balance in General Fund reserves is approximately $19 million or 16.2% of the 2014/15 General Fund operating budget. A total of$1,051,214 of General Fund reserves has been used to date to fund expenditures in the 2014/15 operating budget. In response to questions, Parks and Recreation Director Kevin Dunbar said the cameras are considered an amenity of the ballpark. Assistant City Manager Jill Silverboard said the City has been the responsibility party for all the camera infrastructure. The existing scoreboard was installed 12 years ago. 5.8 Approve Request for Proposal 35-14 (RFP) rankings for the operation and maintenance of the Barefoot Beach House located at 332 S. Gulfview Blvd. and allow staff to negotiate a lease agreement with Fields, Inc. of Clearwater, Florida, for a term of five years with one renewable term of five years. The current agreement with Fields, Inc. to operate the Barefoot Beach House (BBH) expires on December 31, 2014. Page 14 City of Clearwater Council Worksession Meeting Minutes September 29, 2014 On June 16, 2014 the City issued RFP 35-14 to solicit interested parties in the operation of the BBH from January 1, 2015 to December 31, 2019 with one renewable term of five years. On July 16, 2014 the City received two qualified proposals; Fields, Inc. of Clearwater, Florida and Boucher Brothers Clearwater Beach, LLC. On August 21, 2014, after oral presentations by both proposers the RFP committee (Jay Ravins, Geri Lopez, Kevin Dunbar, Gina Clayton and Art Kader) recommend the following rankings for the two proposals. 1. Fields, Inc. of Clearwater, Florida 2. Boucher Brothers Clearwater Beach, LLC. If for some reason staff cannot negotiate an acceptable lease agreement with Fields, Inc. then they will move forward with attempting to negotiate an agreement with Boucher Brothers. It should be pointed out that both proposals were excellent and the RFP committee felt that either party would be acceptable and do an excellent job for the City. The proposals were ranked by the following criteria: a. Successful experience in State of Florida and Pinellas County providing similar services b. Longevity of proposer providing these types of services c. Successful experience in Florida managing and operating a public building d. Compensation or financial benefits to the City of Clearwater. e. Proven financial stability and resources available to fulfill contract f. Documented involvement and service to the community g. Responsiveness and completeness of RFP The ranking of both proposals were very close but the decision to rank Fields, Inc. as number one came down primarily on the issue of the potential financial return to the City and strong community relationships. Fields, Inc. proposal provides for a greater opportunity for the City to make more revenue than the Boucher Brothers proposal; while the Boucher Brothers proposal provides for a greater guarantee to the City over the term of the agreement. Guarantee return from Boucher Brothers was $500,000 while Fields, Inc. was $100,008 per year. However, the percentage on beach rentals and percentage on additional concessions revenue by Fields, Inc. was substantially higher than Boucher Brothers. Percentage returns on beach rentals for Fields was 50% compared to 10% for Boucher Brothers. Page 15 City of Clearwater Council Worksession Meeting Minutes September 29, 2014 Formulas were developed to analyze the potential return scenarios based on calendar year 2013 and in all scenarios where there is any growth potential in concessions or rentals Fields, Inc. proposal yields substantially more revenue to the City. However if there were a down turn in the economy and the gross revenues per year decreased by 1% then the Boucher Brothers scenario would be higher in terms of total return to the City. Based on 2013 gross revenue the City would receive $602,979 from Fields, Inc. and $596,767 from Boucher Brothers. The 2014 gross revenue as of July 31 st is running 12.8% higher than in 2013; (21.7%) in beach rentals and (3.8%) in concession sales. And, there is no indication that this revenue will decrease with the additional new developments coming to Clearwater Beach as well as projected growth in tourism. While Boucher Brothers has been very active in supporting and partnering with both non-profit and civic organizations in the areas they have business in, contributing both time and money (over $200,000 in 2012 and 2013), they have not contributed to any Clearwater community groups or organizations. On the other hand Fields, Inc. has deep roots in the community and has been a part of and contributed to the fabric of the community for over 20 year. In addition to monetary assistance for over 30 organizations they have been active on local boards and civic groups as well as developing and sponsoring Sunsets at Pier 60 and Sugar Sand Festival as part of Fun N Sun Festivals. If the ranking is approved by Council, staff will negotiate a new agreement with Fields, Inc. to be brought back to Council for approval at a later date. Parks and Recreation Director Kevin Dunbar said the City received a challenge to the bid during the last council meeting. The City responded to their concerns, no further correspondence has been received. 6. Police Department 6.1 Approve a Prisoner Transport Interlocal Agreement between the City of Clearwater and the Pinellas County Sheriff's Office to commence October 1, 2014 and remain in full force and effect unless terminated in writing by either party and authorize the appropriate officials to execute same. (consent) On July 16, 2009, the City Council approved an Interlocal Agreement for the Page 16 City of Clearwater Council Worksession Meeting Minutes September 29, 2014 Police Department's participation in a countywide project with the Pinellas County Sheriff's Office (PCSO) to implement a Prisoner Transport System. The program was officially implemented on October 1, 2009, and has proven to be a success, saving police officer time and transportation costs to and from the jail. The City of Clearwater and the Pinellas County Sheriff's Office currently have in effect, as of July 1, 2013, a Memorandum of Understanding amending the 2012/2013 Prisoner Transportation Interlocal Agreement through September 30, 2014, providing for countywide prisoner transportation through a private contractor (G4S) with costs to be covered by a Justice Assistance Grant (JAG) funds until funds are completely expended. During the term of the Memorandum of Understanding, JAG funding has been depleted and prisoner transport service has continued without cost to the City of Clearwater Police Department. The proposed Interlocal Agreement outlines the terms under which the Sheriff will provide prisoner (arrestee) transportation service to the City from various locations within Pinellas County to the Pinellas County Jail, the Pinellas Safe Harbor, and/or the Pinellas Juvenile Assessment Center, through its vendor, G4S. Through a separate Agreement between the Sheriff and G4S, officers of G4S used for this purpose will only be retired or former law enforcement officers. Under the terms of the proposed Agreement, the Sheriff has agreed to transport Clearwater arrestees at no cost to the City. 6.2 Approve a lease agreement between the InterCultural Advocacy Institute, Inc. and the City of Clearwater for the premises located at 612 Franklin Street, Clearwater, Florida, for a period November 1, 2014 through October 31, 2017, and authorize the appropriate officials to execute same. (consent) Historically, commencing November 1, 2001 the Clearwater City Council has approved lease agreements between the YWCA of Tampa Bay and the City of Clearwater for the premises located at 612 Franklin Street, Clearwater. The premises were utilized to create and operate a central one-stop facility that housed many relevant services needed by Clearwater's Hispanic community. The City of Clearwater currently has a lease with the InterCultural Advocacy Institute, Inc. (ICAI) for the premises located at 612 Franklin Street, Clearwater, Florida, terminating on October 31, 2014, for the operation of the Hispanic Outreach Center (HOC). To date, all partnerships involving the premises known as the HOC and the Page 17 City of Clearwater Council Worksession Meeting Minutes September 29, 2014 attendant community programs have been very successful and have received public acclaim. A current listing of some of the services/programs offered at the HOC include: • Referring both victims and witnesses to CPD. • Referring individuals to civil court or other non-profits for assistance. • Handling domestic injunctions and referrals. • Training and Consultation. Topics include Human Trafficking, police-minority relations, and cultural integration. • Collaborating with Community Organizations such as the Mexican Council of Tampa Bay, Suncoast Center, Girl Scouts of West Central Florida, Gulfcoast Legal Services, and others, to provide on-site services for the Hispanic community. • Managing the Hispanic leadership Council, of which the City of Clearwater and the Clearwater Police Department are members, to enhance services and access for the Hispanic community. • Providing Interpreter and victim advocacy services. These services respond to the needs of the Hispanic community and may include health matters, legal issues, and other concerns identified by the Hispanic community, the Lessee, or CPD. • Providing English for Speakers of Other Languages (ESOL) classes coordinated by the HOC. • Administering Youth services. HOC administers various Youth Programs targeted toward at-risk youth from Hispanic and other ethnic or language groups. These programs focus on risk reduction and the development of individual and leadership skills needed in adulthood. ICAI will be responsible for all maintenance of the inside of the premises and for all utility costs. The City will be responsible for all maintenance of the exterior of the premises, including the building and grounds. Either party may terminate the agreement on thirty days written notice if any single item of maintenance or repair exceeds $5,000. APPROPRIATION CODE AND AMOUNT: • ICAI will be responsible for all maintenance of the inside of the premises and for all utility costs. • The City will be responsible for all maintenance of the exterior of the premises, including the building and grounds. • Either party may terminate the agreement on thirty days written notice if any single item of maintenance or repair exceeds $5,000. 7. Engineering 7.1 Award a construction contract to B.L. Smith Electric, Inc. of Dundee, Florida, for the Page 18 City of Clearwater Council Worksession Meeting Minutes September 29, 2014 East Water Reclamation Facility Generator and Marshall Street Water Reclamation Facility Lab Electrical Improvements Project (11-0025-UT) in the amount of $1,527,457.00, which is the lowest responsible bid received in accordance with the plans and specifications, and authorize the appropriate officials to execute same. (consent) This work provides for the installation of a new 800 KW Generator and Ductbank at the East Water Reclamation Facility (WRF). Historically, two existing 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 previously approved design work order with the Engineer of Record (EOR) Arcadis produced a design where the two existing generators will be removed and one new 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 scope of work, this construction contract provides for a new uninterruptable power supply and load shed system at the Utilities Laboratory co-located at the Marshall Street WRF. A previously approved design work order with FOR Arcadis identified a means to facilitate meeting Florida Department of Environmental Protection permit requirements (laboratory analysis) during power outages without increasing the required generator size. The new system via an emergency panel, load shed management panel, multi circuit uninterruptable power supply (UPS), multiple point of use UPS and a revised circuit layout, will allow the lab's existing standby generator to provide continuous power to the lab's critical circuits. The design phase was completed in April 2014 and the construction phase is scheduled for completion by August 2015. The City of Clearwater's Public Utilities Department is responsible for owning, operating and maintaining the East WRF and Utilities Laboratory at Marshall Street WRF. APPROPRIATION CODE AND AMOUNT: 0327-96619-561300-535-000-0000 $ 200,000.00 0315-96619-561300-535-000-0000 $1,151,447.00 0327-96645-561300-535-000-0000 $ 176,010.00 A first quarter amendment will transfer Utility Renewal and Replacement funds in the amount of$200,000.00 from 0327-96645, Laboratory Upgrade to 327-96619, WWTP Generator Replacements. Funds are available in Capital Improvement Program project 0315-96619, WWTP Generator Replacements, in the amount of$1,151,447.00 and $176,010.00 in Utility Renewal and Replacement project 0327-96645, Laboratory Upgrade, for total funding in the amount of$1,527,457.00. Page 19 City of Clearwater Council Worksession Meeting Minutes September 29, 2014 7.2 Approve the Utility Work by Highway Contractor Agreement with the State of Florida Department of Transportation (FDOT) for the relocation and modification of several city facilities in the amount of$294,705 under S.R. 590 From West of Marilyn Street to East of Audrey Drive; adopt Resolution 14-31, and authorize the appropriate officials to execute same. The Florida Department of Transportation (FDOT) has designed the improvements of S.R. 590 from West of Marilyn Street to East of Audrey Drive. The proposed improvements will include resurfacing the existing roadway, replacing the existing signal by mast arm, upgrading the drainage system, and construction of a new pedestrian bridge. Construction is currently anticipated to begin in Summer of 2015. This roadway improvement project will necessitate the relocation or adjustment of the City's water mains and sewer work within the project limits. The City of Clearwater's Engineering Department has coordinated the design for these utility accommodations with FDOT representatives. FDOT will receive bids for the combined roadway improvement and utility relocation work and make award of bid to the low bidder. The Resolution authorizes the City to enter into a Utility Work by Highway Contractor Agreement (UWHCA) to have the work bid and constructed with the FDOT contract. The amounts included on this agenda item are the engineer's preliminary estimate, and are subject to change as the design progresses. The exact costs will be determined by the contractor's bid and may vary from this amount. Project will be competitively bid by FDOT. The engineer's estimate is $294,705.00 APPROPRIATION CODE AND AMOUNT: 0327-96742-563800-533-000-0000 $242,030 0327-96634-563800-535-000-0000 $ 52,675 Funds are available in Utility Renewal and Replacement projects in amounts of $242,030.00 in 0327-96742, Line Relocation - Capital and $52,675 in 0327-96634, Sanitary Utility Relocation Accommodation, for total funding of $294,705.00 to fund this contract. 7.3 Approve an Engineer of Record (EOR) work order to Leggette, Brashears and Graham (LBG) of Tampa, Florida, in the amount of$155,736 for project related services permitting a Class I deep injection well for disposal of Reverse Osmosis Plant by-product and authorize the appropriate officials to execute same. (consent) This approval request brought forward to Council is related to the injection well that will serve the Water Treatment Facilities. This effort is all proceeding as Page 20 City of Clearwater Council Worksession Meeting Minutes September 29, 2014 planned and in accordance with the Water Supply Master Plan of 2004 (subsequently updated in 2008) and also in compliance with State Statute procedure for permitting this type of facility. The first phases of work on the injection well have resulted in permits being secured and an exploratory well being drilled to a depth of 1,000 feet below surface at the planned site of the new brackish Reverse Osmosis Plant at Water Plant 2 (US19 north of Gulf-to-Bay). The exploratory well has proven to meet design criteria and expectations with the appropriate geology to receive the salty water that will be a by-product of our water treatment efforts in the future. LBG secured a permit to complete the second phase of construction bringing the well to functional status. Work Order No. 5 includes hydrogeological services for: review, compilation, and evaluation of monthly monitoring data during the two-year operational test period; preparation of an Operational Test Summary Report; and preparation of an application for a Class I Injection Well Operating Permit. The City of Clearwater Public Utilities Department is responsible for operation and maintenance of the concentrate injection well. APPROPRIATION CODE AND AMOUNT: 0315-96767-561300-533-000-0000 Funds are available in capital improvement project 315-96767, Reverse Osmosis Plant at Reservoir 2, to fund this contract. In response to a question, Engineering Manager Rob Fahey said the State has authorized the City to operate the facility in the testing phase for the next two years. Data will be collected during this timeframe. 8. Gas System 8.1 Approve changes to the Clearwater Gas System utility rates to become effective for all gas bills and services rendered on or after November 1, 2014, and pass Ordinance 8591-14 on first reading. Black and Veatch have completed a Cost of Service and Rate Study for the Clearwater Gas System (CGS). This study is an update of their last study issued September 2010. The Study includes a projection of CGS' financial position for the period 2014 - 2019 and a cost of service analysis to evaluate the cost responsibility for each Page 21 City of Clearwater Council Worksession Meeting Minutes September 29, 2014 of the various classes of customers served. Based on the results of the Study, CGS' rates are adequate for the period, and we are actually recommending an overall $1.2 million annual decrease in base rates. Key recommendations in the Study and Ordinance are: • Roll the non-weather portion of Usage & Inflation Adjustment (UTA) rate into the eligible base distribution charges and reset the normal use per customer and Consumer Price Index (CPI-U) to current levels as specified in the Study and Ordinance. • Decrease the Commercial class revenues by approximately $1.2 million by reducing distribution rates to the levels as specified in the Study and Ordinance. • Increase the Residential Single-Family monthly customer charge by $2.00 and offset this with a reduction in the usage charge. The net effect of these changes to the residential rate revenue overall is negligible as the increase in customer charge is offset by the decrease in distribution charge revenues. This is revenue neutral for our typical single-family residential customer. • Make certain changes in the propane (LP) rates, based on a competitive analysis of local LP suppliers, as specified in the Ordinance. • Adopt a new pricing structure for service charge rates that establishes a per trip charge, which includes up to 1 hour of labor plus quarter hour rates for additional time on site beyond 1 hour. • Make certain wording clarifications in our Ordinances to better reflect operating policies and responsibilities. Table 1-2 on Page 7 of the Rate Study shows the projected effect of these recommended rate adjustments and will become CGS' basis for strategic goal setting. Clearwater Gas System Managing Director Chuck Warrington provided a PowerPoint presentation. In response to questions, Mr. Warrington said the analysis includes all fuel charges, inflation adjustment, energy conservation adjustment, and regulatory adjustments. The ordinance covers the Department's base rate. Clearwater Gas System purchases the gas it provides to its customers. Retail customers have the opportunity to buy onto any strip of gas for a guaranteed therm rate. The overall gas rate, per ordinance, was reduced by 6.6% from the current rate to the proposed rate in November. Page 22 City of Clearwater Council Worksession Meeting Minutes September 29, 2014 9. Library 9.1 Blanket Purchase Orders for Baker and Taylor, Ingram Library Services and Midwest Tape for the acquisition of library books and audiovisual materials for the contract period of October 1, 2014 through September 30, 2015, and authorize the appropriate officials to execute same. (consent) Award contracts (Blanket Purchase Orders) to Baker and Taylor, Atlanta, GA- $235,000; Ingram Library Services, Atlanta, GA - $150,000; and Midwest Tape, Holland, OH - $75,000 for the purchase of library books and other materials for the acquisition of library books and audiovisual materials. The purchase orders will be used for numerous small dollar purchases. Each order will be shopped for best price and availability. APPROPRIATION CODE AND AMOUNT: Appropriation Code: 0315-93527-564400-571-000-0000 Amount: $460,000 10. Planning 10.1 Provide direction on the proposed Development Agreement between Decade Sea Captain LLC. (the property owner) and the City of Clearwater, providing for the allocation of 66 units from the Hotel Density Reserve established in Beach by Design and confirm a second public hearing in City Council Chambers before City Council on October 15, 2014 at 6:00 p.m., or as soon thereafter as may be heard. (HDA2014-07004 - 40 Devon Drive) Site Location and Existing Conditions: The 0.831-acre subject property is located on the north side of Devon Drive approximately 150 feet east of Coronado Drive with 278.68 feet of frontage along Devon Drive. The property spans two zoning districts including Tourist (T) and Low Medium Density Residential (LMDR) and two Future Land Use Plan (FLUP) classifications, Resort Facilities High (RFH) and Residential Urban (RU). The subject property is also located within the Small Motel District of Beach by Design. The portion of the site within the T District is 0.659 acres and remainder of the site within the LMDR District constitutes 0.172 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 immediate area is characterized by a variety of uses including overnight accommodations, a surface parking lot, and detached dwellings. The property to the west is currently developed with a 108-room 89-foot hotel (Pier House 60), the property on the west side of Coronado Drive has been approved for a Page 23 City of Clearwater Council Worksession Meeting Minutes September 29, 2014 450-room hotel (Wyndham Grand) for which a foundation permit has been approved, the property to the south is developed with a surface parking lot and the properties to the southeast are developed with detached dwellings. The property is used as a 27-unit overnight accommodation use and has a valid Business Tax Receipt (BTR-9029071). The hotel units are located within four two-story buildings. The buildings are located on the western half of the site. The majority of the surface parking is provided on the portion of property zoned LMDR with the remainder on the portion of property zoned T. A landscape buffer approximately 20 feet in width is provided along the south property line adjacent to Devon Drive. Access to the site is provided from Devon Drive via one two-way driveway generally centered along the south property line. Site History: ➢ On December 21, 2010, the Community Development Board (CDB) approved Case FLD2010-08001 which permitted an 85-unit overnight accommodation use using 53 units from the Hotel Density Reserve created pursuant to Beach by Design. ➢ On January 13, 2011 the City Council approved Case DVA2010-08001 allocating 53 units from the Hotel Density Reserve pursuant to Beach by Design. ➢ The associated development order for FLD2010-08001 expired on December 12, 2012. ➢ On May 21, 2013 the CDB approved Case FLD2013-02007 which authorized an 85-unit overnight accommodation use (hotel) including 53 units from the Hotel Density Reserve created pursuant to Beach by Design. ➢ On June 19, 2013 the City Council approved Case DVA2010-08001A amending the previously approved Case DVA2010-08001 allocating 53 units from the Hotel Density Reserve pursuant to Beach by Design. This was required as the site plan exhibit associated with the aforementioned FLD2010-08001 expired. DVA2010-08001A also allocated 53 overnight accommodation units from the Hotel Density Reserve. ➢ On March 31, 2013 a one-year development order extension for the FLD2013-02007 was granted by the Community Development Coordinator until May 21, 2015. ➢ On August 05, 2014 a two-year development order extension for the FLD2013-02007 was granted until May 21, 2017 pursuant to House Bill 7023. In summary, there exists an approved site plan valid until May 21, 2017 for the construction of an 85-unit overnight accommodation use at a density of 128.98 rooms per acre based only on the lot acreage zoned T District. Page 24 City of Clearwater Council Worksession Meeting Minutes September 29, 2014 Development Proposal: This proposal terminates DVA2010-08001A which previously allocated 53 hotel units from the Reserve. The owners now propose to utilize the otherwise permitted density of 32 units and incorporate 66 units from the Hotel Density Reserve through Beach by Design resulting in a total of 98 units (149 units per acre). It should be reiterated that the only portion of the site which provides intensity of use is the 0.659 acre portion within the T District. The building will be 100 feet (from Base Flood Elevation) to flat roof with the parking on the first four levels. The proposed building design is described as Contemporary Tropical, which is consistent with and complements the tropical vernacular envisioned in Beach by Design. The site will be accessed via a single two-way driveway located at the southeast corner of the building along Devon Drive. There is also access to the trash staging area at the southwest corner of the building. The first four floors of the building will contain a parking garage as well as miscellaneous back-of-house components such as elevator lobby and trash holding area. In addition to parking, floors two through four also include hotel rooms (nine per floor).The fifth floor will include a pool and pool deck (over parking at the southeast quadrant of the building. Various other outdoor patios are located on the east and west sides of the building at the 5th floor. Amenities such as dining area, lounge and exercise room totaling 6,915 square feet (12.5 percent of the total floor area of the building) are also located on the fifth floor. The remainder of the floor will be dedicated to an upper lobby, three hotel rooms and miscellaneous back-of-house components. Floors six through nine will be dedicated almost entirely to hotel rooms (17 per floor). On the portion of property zoned LMDR District, one detached dwelling is shown on the floor plans and building elevations. The 0.172 acre property supports one dwelling unit. The dwelling unit is proposed to have a common wall with the east fagade of the hotel. 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 portion of the subject property in the Tourist District is 28,688 square feet in area. 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 for the portion of the property zoned T District along Devon Drive is 4175 feet. The proposal is consistent with these Code provisions. Page 25 City of Clearwater Council Worksession Meeting Minutes September 29, 2014 Minimum Setbacks: The conceptual site plan depicts setbacks of 15 feet along the front (south) to building; five feet to building along the rear (north) and 10 feet to building along the side (west). The proposed setbacks may be approved as part of a Level Two (FLD) application, subject to meeting the applicable flexibility criteria of the Community Development Code. Maximum Height: Section B of the Design Guidelines within Beach by Design specifically addresses height. This section requires specific requirements for buildings which exceed 100 feet in height. Pursuant to Table 2-803, CDC, the maximum height for overnight accommodations is between 35 and 100 feet. Pursuant to the Code definition of building height, elevator equipment rooms and like mechanical equipment enclosures are permitted to project up to 16 feet higher than the maximum building height. The proposed building height of 100 feet to the top of the roof deck (112 feet to top of flat roof for elevator and other mechanical equipment) is consistent with this CDC section, definition of building height and with the guidelines of Beach by Design. Minimum Off-street Parking: The 98-room overnight accommodation use requires a minimum of 118 off-street parking spaces. A parking garage located on the first four levels of the building will provide 118 spaces. This is consistent with the applicable Sections of the CDC. Landscaping: While a formal landscape plan is not required to be submitted for review at this time, the conceptual landscape areas depicted on the site plan show that adequate spaces for foundation landscaping will be provided along all sides of the building. Since no perimeter landscape buffers are required in the Tourist (T) District, the proposed landscape areas meet or exceed what is required. It is noted, however, that flexibility may be requested/necessary as part of a Comprehensive Landscape Program which would be reviewed at time of formal site plan approval. Consistency with Beach by Design: 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. Page 26 City of Clearwater Council Worksession Meeting Minutes September 29, 2014 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 66 units from the Hotel Density Reserve or a maximum density of 148.7 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. 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, Planner Matt Jackson said the property has two designations, the overnight accommodations will be for the Tourist zoned Page 27 City of Clearwater Council Worksession Meeting Minutes September 29, 2014 portion. An underground stormwater vault will be proposed during the review process. The public sidewalk will match the 5.5 ft., which is consistent with previously approved plan. It was suggested that staff discuss the bike rack provision with the applicant. 10.2Approve the Interlocal Service Boundary Agreement between the City of Clearwater, Florida and Pinellas County which would allow voluntary annexations of non-contiguous properties within Type A enclaves and pass Ordinance 8587-14 on first reading. On December 6, 2011, the Pinellas County Board of County Commissioners initiated the negotiation process pursuant to Florida Statutes Chapter 171 to establish an Interlocal Service Boundary Agreement (ISBA) which would allow for the voluntary annexation of non-contiguous properties in Type A enclaves in Pinellas County (those surrounded by a City on all sides). On February 2, 2012, the Clearwater City Council adopted Resolution 12-03 agreeing to participate in the negotiation process with the County and responding municipalities and special districts. On December 10, 2013 the Board of County Commissioners approved the final draft of the ISBA. A total of nine municipalities are participating in the agreement including Clearwater, Dunedin, Kenneth City, Largo, Pinellas Park, Safety Harbor, St. Petersburg, Seminole, and Tarpon Springs. While the agreement allows for the voluntary annexation of non-contiguous properties in Type A enclaves, it does not allow the City to invoke existing agreements to annex for non-contiguous properties unless the current owner consents nor does it provide the basis for annexing an adjacent property that is subject to an agreement to annex without the consent of the current owner of the property. This is consistent with the provisions of Pinellas County Ordinance 00-63 which governed annexation in Pinellas County from 2000 to 2007. The ISBA imposes a new public notice requirement that requires participating municipalities to provide notice to the property owner seeking voluntary annexation by certified mail prior to each reading of the ordinance. The ISBA establishes an effective date of November 1, 2014 and would be in effect for 20 years. It requires the City to provide data related to each property annexed through this process every six years. Any renegotiation of the Agreement must begin at least 18 months prior to the termination date. Each of the participating local governments that are signatories to the ISBA must adopt the agreement by ordinance as required by Florida Statutes 171.203(14). The Planning and Development Department recommends approval of ISBA. In response to questions, Planning and Development Assistant Director Gina Clayton said the Board of County Commissioners requires two certified letters. The City Attorney said if the property is contiguous, the Agreement to Annex Page 28 City of Clearwater Council Worksession Meeting Minutes September 29, 2014 (A TA) may be used, if not contiguous, then the ATA cannot be pursued. 11. Information Technology 11.1Award a contract (purchase order) to lease desktop and laptop computers for three years from Hewlett-Packard Financial Services Company, Murray Hill, NJ for an amount not to exceed $1,125,000 in accordance with Sec. 2.564(1)(d) Code of Ordinances, under State Contract 250-WSCA-10-ACS; and authorize the appropriate officials to execute same. (consent) The City has leased computers for nine years. The benefits of leasing include operational savings for asset acquisition and maintenance, improved efficiency in user support and asset management, improved security for City systems and network, and improved performance for system users and employees. This term of leasing includes all desktop (1,250) and laptop (-350) computers within the City. The cost of this lease term is 8% higher than the previous term (2011-2014). The City's computers are upgraded over a 3-year cycle at approximately 33% per year. Costs in the initial year (2014/2015) of the contract will be approximately $325,000. The maximum annual costs for this lease term will be approximately $400,000 in the second and third years. This agreement includes a value added enhancement. Self-Maintainer Program which enables City staff to be trained at no additional costs to function as Hewlett-Packard certified technicians to expedite diagnostic and resolution actions (Hewlett-Packard tracks and pays (reimburses) for these services for every 15 minutes of work performed). Quarterly payments will be budgeted in the Information Technology annual operating budget, and costs prorated to all departments based upon their respective computer counts, through the Administrative Services Fund charge back for Information Technology services. Information Technology Director Dan Mayer said there was a scrivener's error in the second paragraph, there is an 13% reduction not an 8% increase. The Council recessed from 3:04 p.m. to 3:10 p.m. 12. Official Records and Legislative Services 12.1Appoint a member to the Community Development Board to fill the remainder of an Page 29 City of Clearwater Council Worksession Meeting Minutes September 29, 2014 unexpired term through February 28, 2017. Staff was directed to contact Alex Plisko regarding his interest to serve on the board. The City Attorney said the Community Development Board is a quasi judicial board and must listen to evidence provided and apply to the City's code provisions. The Board may not use independent knowledge not presented to the Board in delivering a decision. The Board's Attorney would provide private counsel if a member does not adhere to the Board's rules and regulations. Support was expressed for appointing David Allbritton. 12.2Appoint one member to the Environmental Advisory Board to fill the remainder of an unexpired term through September 30, 2017. Staff was directed to contact Christopher Anuszkiewicz regarding his interest to serve on this advisory board over the Community Development Board. 13. Legal 13.1Adopt Ordinance 8581-14 on second reading, annexing certain real property whose post office addresses are 1260 Palm Street and 1283 Palm Street, together with all abutting right-of-way of Palm Street and Betty Lane, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. 13.2Adopt Ordinance 8582-14 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 1260 Palm Street and 1283 Palm Street, together with all abutting right-of-way of Palm Street and Betty Lane, upon annexation into the City of Clearwater, as Residential Urban (RU). 13.3Adopt Ordinance 8583-14 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office addresses are 1260 Palm Street and 1283 Palm Street, together with all abutting right-of-way of Palm Street and Betty Lane, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). Page 30 City of Clearwater Council Worksession Meeting Minutes September 29, 2014 13.4Adopt Ordinance 8588-14 on second reading, annexing certain real property whose post office address is 1710 Calumet Street, Clearwater, Florida 33765, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. 13.5Adopt Ordinance 8589-14 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 address is 1710 Calumet Street, Clearwater, Florida 33765, upon annexation into the City of Clearwater, as Industrial General (IG). 13.6Adopt Ordinance 8590-14 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1710 Calumet Street, Clearwater, Florida 33765, upon annexation into the City of Clearwater, as Industrial Research and Technology (IRT). 13.7Adopt Ordinance 8592-14 on second reading, approving the vacation of a portion of Brownell Street, a city right-of-way. (VAC2014-01 Fire Station 45) 13.8Adopt Ordinance 8599-14 on second reading, amending Section 30.060(4) of the Clearwater Code of Ordinances to provide for the ability to electronically send the Florida Dept. of Highway Safety and Motor Vehicles (DMV) data listing persons or entities with three or more outstanding parking violations. 13.9Adopt Ordinance 8600-14 on second reading, amending Section 22.90 of the City of Clearwater Code of Ordinances, to allow for additional special events alcohol permits in the downtown area of Clearwater between Drew Street and Pierce Street, North and South and between Myrtle Street and the waterfront and allow for metal containers at special events. 13.10 Adopt Ordinance 8601-14 on second reading, amending the Operating Budget for the Fiscal Year ending September 30, 2014 to reflect increases and decreases in revenue and expenditures for the General Fund, Special Development Fund, Special Program Fund, Water and Sewer Fund, Stormwater Fund, Solid Waste Fund, Recycling Fund, Gas Fund, Airpark Fund, Parking Fund, General Services Fund, and Garage Fund. 13.11 Adopt Ordinance 8602-14 on second reading, amending the Capital Improvement Budget for the Fiscal Year ending September 30, 2014, to reflect a net increase of $2,095,802. 14. City Manager Verbal Reports Page 31 City of Clearwater Council Worksession Meeting Minutes September 29, 2014 14.1Status Update on the ULI Report The recently-completed ULI Study of the Downtown/East Gateway/Old Clearwater Bay areas presents a comprehensive, far-reaching and, in some instances, very different (from the norm in Clearwater) set of process and policy recommendations to achieve the successful redevelopment of the study area. Interest in the study recommendations has been high, and many stakeholders have queried Council and Staff on plans to consider and/or begin implementation of the various Study recommendations. However, due to the importance, breadth and complexity of the set of recommendations in the Study, staff believes a Special Council Work Session is indicated to allow the Council to consider and inform staff of the direction Council wishes to take with respect to implementation of the multiple recommendations in the Study. Staff further believes this important discussion needs to be proceeded by the necessary analysis and consideration of the ramifications, timing and related issues Council needs to have before it in deciding and directing staff on Report implementation. To that end, Staff will develop a Discussion Paper to inform the discussion and decision-making at the Special Work Session. It is anticipated that a full consideration and preparation of materials will take 30 days, leading to a Special Work Session towards the end of October.An evening meeting is recommended by the City Manager to allow maximum interested public attendance/viewing. To assure that staff is proceeding in a way that Council seeks in framing the Study issues/recommendations to facilitate Council consideration and direction to staff. In so doing, three overarching considerations have informed the staff preliminary analysis, which we wish to call to Council attention: 1)The decision timeline for the CMA Downtown project under the MOU means any master planning or facility siting in Coachman Park and/or the Bluff would have to be conditional on a final decision from CMA whether they intend to proceed with the project; this would also affect facility decisions in the CBD/Downtown, as parking garage, City Hall and multi-modal siting, timing and funding need to be coordinated with the CMA project. 2)Many of the ULI recommendations, i.e. activation of the waterfront, restaurant placement in Coachman Park, are subject to the considerations in #1 above, as well as subject to public referendum requirements. 3)Depending on the breadth and aggressiveness of the Council direction on Study recommendation, significant Work Program adjustments and/or outsourcing of work will be required. These parameters can more specifically be identified/quantified for the Special Work Session materials. Within the confines of these factors, staff seeks council feedback as to the proposed Special Work Session process, as well as whether the preliminary outline below identifies the major recommendations/issues Council would like to address in greater Page 32 City of Clearwater Council Worksession Meeting Minutes September 29, 2014 detail in the Special Work Session. Staff will then utilize the results of the feedback, as well as staff analysis, to develop a formal Discussion/ Decision Paper. The ULI organizes their recommendations into three broad categories: 1) Strategy: 2) Communications; and 3) Partnerships/Organizational Capacity and Implementation. The following outlines the major concepts in each of these key areas for Council direction and discussion to assist staff prepare for the Special Work Session: I. Strategy: The Report concludes that the City must"bridge the gap between the Beach and the Mainland" to be successful in it's redevelopment efforts by: identifying complimentary mainland activities that build upon the existing tourism base; reaching out to the waterfront to create activities in and on the water; develop an identity and improve the Downtown "in and of itself" to attract both residents and tourists; and focus on residential development as an anchor to generate support for retail and activities. 1)Bluff/Waterfront Master Plan—The ULI report recommends creating a vision and Master Plan for a) the Bluff and b) the Waterfront (extending from Pierce 100 to the Seminole Boat Ramps), as well as implementing programs to activate the waterfront district. While the Bluff and the waterfront are discussed separately in the report, staff feels that a holistic approach is needed to address the bluff and waterfront together. The interactions functionally, spatially and programmatically seem to indicate one process. Secondly, the ULI report—which is focused upon realizing the development potential of the Bluff and waterfront, not the traditional park/waterfront master planning objectives—has suggested a process whereby the City ACM/ Brain Trust of Department heads select a development partner (based upon an RFP/RFQ), and, together, based upon "a robust community engagement process," develop the vision and master plan for the areas. Subsequently, the City would issue a second RFP/RFQ to select a horizontal developer to work with the City in effectuating the vision and master plans. While not called out in the ULI report, the retention of a master plan consultant to develop the plan documents and facilitate the community process would be necessary. This is a very different process from that used heretofore by the City, with a strong emphasis on the development component of the master plan process. It may/may not meet stakeholder perceptions for Coachman Park and the waterfront. If so, and as an alternative, staff feels a hybrid process with a more traditional public input process—combined with a strong component of development consultants at the table to provide guidance and reality checks to a broad-based community Steering Committee perhaps could be considered as follows: •Appoint broad-based Bluff Master Plan Steering Committee to work with a retained Master Plan firm and the City Staff to develop a vision and Master Plan (MP); Process Page 33 City of Clearwater Council Worksession Meeting Minutes September 29, 2014 to include a robust public engagement process (i.e. charettes, focus groups, etc.) •Retain an independent"Developer Consultant"to "be at the table" during discussions and assist the Steering Committee with the economic realities affecting Master Plan accomplishment: •Subsequently, City issue RFP/RFQ for "horizontal" developer to work with City in effectuating build out of Master Plan. Council discussion Is a consolidated Bluff/Waterfront vision and master plan effort supported at this time? If so, Is Council supportive of the Vision/ Master PlanFHorizontal" build out process suggested by ULI? If not, what process should be utilized? Timeframe When should this process begin? Cost TBD, based on process selected. Lead ACM/ Planning/Parks/Marine and Aviation/ED 2)Comprehensive Boating Plan—ULI report recommends promoting and growing the boating culture and establish Clearwater, specifically Downtown, as a major boating center. Areas of focus could include: an evaluation of opportunities for redistribution of boat-related enterprises from Clearwater Beach to the downtown marina; on-shore commercial activities that could attract boaters and bring them to downtown; and, ideas for maintaining healthy marine environment. The report recommends completing this activity before major decisions are made regarding boat-related infrastructure at the North Marina area i.e. High and Dry facility, etc. •Conduct RFP process to select consultant to assist City in the creation of a Comprehensive Boating Plan Council Is this the desired discussion approach? Timeframe When should this process begin? Cost TBD Lead Marine and Aviation Department, with consultant support 3)North Marina (Seminole) Plan—ULI report recommends development of a comprehensive North Marina Plan for the Seminole Boat Ramp and surrounding area to appropriately "balance the needs of the boating community, area residents and development community." Page 34 City of Clearwater Council Worksession Meeting Minutes September 29, 2014 Staff believes that a planning effort in this area is timely and needed at this juncture to provide the necessary planning and regulatory framework to assist in evaluating existing development proposals and maximize the development potential of the area as follows: •Conduct RFP process to select master planning consultant •Develop comprehensive Steering Committee to include Marina, developer, community and stakeholder representatives. •Develop North Marina (Seminole) Special Area Plan Council Is this the desired approach? discussion Timeframe When should this process begin? Cost TBD Lead Planning & Development (Marine & Aviation in support) 4)Central Business District—ULI report recommends focusing activities in this area on beautification of streets, attracting people to the streets, making downtown more navigable, and reconsidering design guidelines and signage regulations. Staff believes that many of these items are underway and can be evaluated further as part of the implementation and departmental work program discussion, i.e. discussions with PSTA on the intermodal Hub; site analysis for a new City Hall; facility Iocational discussions with the CMA. Other recommendations, such as a "tool kit" for secondary and arterials streetscape design and lighting of the Memorial Causeway Bridge, would be analyzed for cost and timing. Certain recommendations, such as Way finding and Gateway definitions, are subject to other facility siting decisions and would be programmed accordingly. Low hanging fruit can be addressed for early implementation In the more detailed analysis of the ULI recommendations for the Special Work Session, staff will create a matrix of proposed new projects/programs for Council evaluation of priorities. 5) Finally, although not a part of the ULI recommendations, staff believes that as part of a larger Downtown Strategy discussion, an overall Concept Plan (and spatial delineation) is needed to anticipate future development and/or build out of the downtown core as way to plan projects and market/attract future investment. This could inform the discussion raised by the ULI Panel of where future residential, office, civic and hotel projects should be located to facilitate maximum impact on redevelopment strategy achievement? 6)Community Gateways and Connections—ULI report recommends a focus on strengthening connections between the Downtown, Beach, East Gateway, and surrounding neighborhoods through transportation, welcoming gateways, and other healthy activities. These items will be addressed as part of the implementation/work program discussion. Page 35 City of Clearwater Council Worksession Meeting Minutes September 29, 2014 Some of these items are already underway, such as the evaluation of the community market and festival location in the East Gateway. II. Communication ULI report recommends a more robust branding effort for the City to communicate its strengths. This effort is already underway with City staff and North Star. A derivative, more tailored branding and marketing effort for the ED business recruitment effort, as well as the Cleveland Street District, is anticipated as "follow-on" to the North Star effort. ED/CRA staff intends to utilize the Market Analysis data on housing, office, hotel and retail absorption to more actively engage the development and brokerage communities to validate absorption and market availability to encourage investment. In addition, the ULI report concludes that community organizations and flow of information is highly fragmented in downtown. They identify primary roles for the major stakeholder groups to fulfill the Report objectives and implementation is to be realized. They conclude that the City "create a forum for the discussion of issues with the City and their development partners that involves a cross section of community interests." One way to address this would be creation of a Communications Stakeholder Group to meet quarterly (or more often if appropriate)to: 1) report on activities within their areas of activity/concern as they relate to the ULI Downtown/East Gateway; and 2) coordinate activities specific to the implementation of the ULI report. Semi-annual reports to the Council at a public meeting could assure communication/coordination with the governing body. Any number/form of alternate structures could be appropriate to provide this coordination mechanism. The key community groups/organizations could include, as a base: Downtown Development Board: Clearwater Downtown Partnership: Merchants Alliance; Clearwater Technology Alliance; Pinellas County; Church of Scientology; East Gateway Business and Neighbors Association; Clearwater Regional Chamber of Commerce, Clearwater Neighborhoods Coalition, business leadership group, etc. Council Is there a need to create an discussion "umbrella advisory group"? If so,what form and structure should be established? Timeframe When should this process begin? Who should be included? Cost Staff time Lead TBD III. Organizational Capacity and Implementation The report concludes that, while the City/CRA Plans and redevelopment strategy are largely appropriate for the redevelopment effort, "the lead responsibility (for implementation) is much too fragmented to be effective. The authority and responsibility, according to the Panel, should be assigned to an Assistant City Manager who would establish a "Brain Trust" of key department heads and other Page 36 City of Clearwater Council Worksession Meeting Minutes September 29, 2014 government agencies to assist him and guide implementation of the Downtown/ East Gateway strategies. It recommends that the City take the lead responsibility for implementation and to harness the collective resources of business, institutions, government and the community. In that regard, the City Manager has appointed the Assistant City Manager for Economic Development, Rod Irwin, as the City lead for overall implementation of the ULI initiatives the Council supports. In addition, he'll be supported by a "Brain Trust" to include the department heads of Planning and Development; Economic Development and Housing; Parks and Recreation; Marine and Aviation; Library; Engineering; Finance/Budget; and Public Communications. Expansion to include County and other governmental representatives/liaisons is anticipated by the ULI. The ACM/Brain Trust will create an implementation matrix once Council direction is received on the specific action items identified in the report. Many activities are already underway such as discussions with PSTA on the intermodal hub, location of City Hall, and Clearwater Marine Aquarium among others. Other action items need to be evaluated as to cost and timeframe for Council discussion and direction on their level of priority. Staff would propose the following: •Create ULI implementation matrix that includes timeframe, cost, and departmental work program impacts for Council discussion, direction, and prioritization of projects. Council Is creation of the implementation discussion matrix the desired approach to track implementation? Timeframe If so, when/how often/in what form does Council wish to receive progress reports? Cost TBD Lead ACM/Brain Trust Assistant City Manager Rod Irwin said staff can include the schedule regarding the City Hall site and the Clearwater Marine Aquarium (CMA). The City Attorney said that staff has not begun the lease process with CMA. Mr. Irwin said staff will provide Council with a list of tasks and timeline of the Bluff Master Plan that can be implemented without a referendum. Economic Development and Housing Director Geri Campos Lopez said there are several individuals from private business community who are organizing to review and provide feedback on the ULI report. Discussion ensued with comments made that participation from the private sector will be critical, there are many unknowns regarding CMA and the Page 37 City of Clearwater Council Worksession Meeting Minutes September 29, 2014 Greenlight Pinellas referendum that will effect how we implement ULI's recommendations regarding the Bluff. There was consensus to schedule a special work session after the November referendum on Greenlight Pinellas. 15. City Attorney Verbal Reports 15.1Schedule a presentation regarding the proposed amendment to the Constitution of the State of Florida to allow medical marijuana and the implications for local government. The City Attorney said the presentation will last approximately one hour on October 13, 2014. 16. Council Discussion Item 16.1 Pooper Scooper Ordinance - Mayor Cretekos Mayor Cretekos requested consideration to adopt an ordinance requiring pet owners to pickup after pets during walks. The City Attorney has recommended referring to the St.Petersburg ordinance as a sample model. There was consensus to support adopting a pooper scooper ordinance. The City Attorney was directed to draft language for Council's consideration. 17. New Business (items not on the agenda may be brought up asking they be scheduled for subsequent meetings or work sessions in accordance with Rule 1, Paragraph 2). Councilmember Jonson said the Downtown Subcommittee has met and scheduled additional meetings on October 16 and 30. 18. Closing Comments by Mayor 19. Adjourn The meeting adjourned at 4:30 p.m. Page 38 City of Clearwater