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08/03/2015 Council Work Session Meeting Minutes August 3, 2015 City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 e d s w r' �mu Meeting Minutes Monday, August 3, 2015 1 :00 PM Council Chambers Council Work Session Page 1 City of Clearwater Council Work Session Meeting Minutes August 3, 2015 Roll Call Present 5 - Mayor George N. Cretekos, Councilmember Doreen Hock-DiPolito, Councilmember Hoyt Hamilton, Councilmember Bill Jonson, and Vice Mayor Jay E. Polglaze Also Present: William B. Horne II, City Manager, Assistant City Manager, Jill S. Silverboard - Assistant City Manager, Rod Irwin, Assistant City Manager, Pamela K. Akin - City Attorney, Rosemarie Call - City Clerk, and Nicole Sprague — Official Records and Legislative Services Coordinator To provide continuity for research, items are listed in agenda order although not necessarily discussed in that order. 1. Call to Order- Mayor Cretekos The meeting was called to order at 1:00 p.m. at City Hall. The Council recessed from 1:00 p.m. to 2:11 p.m. to meet as the Community Redevelopment Agency. 2. Parks and Recreation 2.1 Approve blanket purchase orders (contracts) per Invitation to Bid 08-14 and miscellaneous quotes, in the total annual amount of$375,000 for Landscaping Services, as required by the Parks and Recreation Department, and authorize the appropriate officials to execute same. (consent) Staff is requesting blanket purchase orders be issued to the four responsive vendors listed below, to provide landscaping services for Fiscal Year 15/16. Formal Bid 08-14 was issued specifically for the Northwest Properties, which Entzion Property Maintenance was the lowest, responsive bidder. During the same timeframe quotes were solicited from multiple companies for other city areas: East, Countryside, Downtown, Beach, and Southwest Properties. Historically these services were bid separately; the formal bid process was used when the anticipated award would exceed $50,000. Quotes were requested for anticipated awards below $50,000 (several of the quoted areas now exceed the bid threshold due to an increased scope of work). For Fiscal Year 16/17 all landscaping services will be aggregated into one formal bid, with the ability to make multiple awards based on responsive bidders' abilities to service one or more areas. Award recommendation for Fiscal Year 15/16: Entzion Property Maintenance - Northwest Properties: $87,572.00 Entzion Property Maintenance - Downtown Properties: $53,420.00 Earth Designs - East Properties: $62,880.00 Page 2 City of Clearwater Council Work Session Meeting Minutes August 3, 2015 Earth Designs - Countryside Properties: $50,520.00 Central Florida Landscaping - Beach Properties: $35,830.00 Botanical Dimension - Southwest Properties: 62,302.00 Contingency funds for supplemental work assigned to any of these four vendors: $22,476.00 TOTAL AWARD RECOMMENDATION: $375,000.00 These landscaping companies perform the following services for the City: turf maintenance, palm and tree maintenance, shrub and groundcover maintenance, weed control, mulch maintenance, and litter removal. APPROPRIATION CODE AND AMOUNT: Funding for the Blanket Purchase Orders will come from cost code 010-01867-550300-572-000, Landscape Contracts Team Operating Budget. In response to a question, Parks and Recreation Director Kevin Dunbar said, in this case, outside vendors provide the most efficient way to complete the work. If the vendor does not meet standards, the contract is terminated. 2.2 Approve contract (blanket purchase order) for pressure washing services to Sunshine Cleaning Systems, Inc., of Ft. Lauderdale, FL, in the annual amount of$50,000 (Invitation to Bid 49-15), and two one-year renewal terms at the City's option and authorize the appropriate officials to execute same. (consent) The Parks and Recreation Department uses outside contractors to provide pressure cleaning services to clean sidewalks, playgrounds, retaining walls, fences, and other park amenities at several of the city parks and municipal buildings, including Beachwalk, Coachman Park, Municipal Services Building Complex, Mandalay Park, City Hall, Pier 60 Park, Cleveland Streetscapes, Cherry Harris Park, etc. Cleaning is done on an as need basis but every site is pressure cleaned at least once a year with locations like Beachwalk and Cleveland Streetscape done more frequently. In response to Bid 49-15, ten submissions were received on June 16, 2015, with Sunshine Cleaning Systems Inc. representing the lowest, most responsive bidder at $37,837.31 per year. At the time of the second and third year renewals, the vendor is allowed an increase according to the Consumer Price Index. Since other departments may request to use this contract during the year for similar services the annual amount being requested is $50,000. APPROPRIATION CODE AND AMOUNT: Various operating cost codes will be used throughout the year to pay for this contract. Page 3 City of Clearwater Council Work Session Meeting Minutes August 3, 2015 In response to questions, Parks and Recreation Director Kevin Dunbar said the item before Council is a not to exceed amount that includes a contingency for additional work. Sunshine Cleaning Systems has been used before and they were the lowest qualified bidder. The hardscapes at Beachwalk, Pier 60, recreation centers, Cherry Harris Park, Mandalay, and MSB will be pressure cleaned. Cleveland Street is cleaned once a year. 2.3 Approve increasing Capital Improvement Project 315-93633, Pier 60 and Beach Walk Repairs and Improvements, by $335,000 to provide funding for the refurbishment of the concrete walkways associated with Beach Walk, approximately 177,450 sq. ft., to be funded by the transfer of$335,000 from general fund reserves at third quarter. (consent) Completed in July 2008, Beach Walk has proven to be an overwhelming success with millions of visitors and guests using the facilities on an annual basis. Capital Improvement Project 315-93633 was approved and created in Fiscal Year 2012/13 for phased repairs and improvements needed at Pier 60 Park and Beach Walk, including seating, wall repairs, site furniture, landscape renovations, sidewalk repairs, etc. The purpose of the project was to keep Pier 60 Park area and Beach Walk areas as an attractive inviting beach experience for citizens and visitors to Clearwater Beach. Annual funding for this maintenance CIP has been approximately $50,000 per year. Funds have been used primarily to maintain signage, replace bollard lighting and to replace furniture. The colored concrete surfaces are in need of refurbishment. In order to restore the concrete to the original look and feel it will cost approximately $335,000. This cost will include the restoration of all concrete areas (175,790 sq. ft.) of Beach Walk including the Pier 60 parking lot area, and crosswalks along Gulf Blvd. and Coronado and the privately owned areas in front of Surf Style (345 sq. ft.); and the Hyatt (1,315 sq. ft.). These businesses will reimburse the City for the work completed on private property (approximately $3,000). In this way all of Beach Walk including the private areas will look the same. It is estimated that the life of the concrete restoration is approximately five years. Staff will be requesting a yearly increase in funding for this CIP by approximately $67,000 per year so that future restorations can be accomplished without having to request additional funding. If the project is approved, staff will get competitive bids to be awarded at a future council meeting. The project can be completed prior to Spring 2016. Page 4 City of Clearwater Council Work Session Meeting Minutes August 3, 2015 USE OF RESERVE FUNDS: Funding for this contract will be provided by a third quarter budget amendment allocating General Fund reserves in the amount of$335,000 to capital improvement project 315-93633, Pier 60 and Beach Walk Repairs and Improvements. A net total of$2,954,615 General Fund reserves has been used to date to fund expenditures in the 2014/15 operating budget. The remaining balance in General Fund reserves is approximately $20.8 million or 17.8% of the current General Fund operating budget. In response to questions, Parks and Recreation Director Kevin Dunbar said the project will encompass Pier 60, the entire section of Beachwalk, and both sides of the walkways. Pressure cleaning takes the bubble gum off the walkways without damaging the stain. The sundial plaza is pressure cleaned four times a year. 2.4 Provide direction regarding future development and funding for the Morningside Recreation Center. The Morningside Recreation Complex is located strategically in the Southeast portion of Clearwater. The current amenities include swimming pools with bathhouse, playground, tennis and basketball courts, racquetball/handball courts and other park amenities. What is missing is an indoor recreation Center that can be used by residents in this quadrant of the City. In 1960's the developers of the Morningside Subdivision constructed a restaurant/clubhouse for use by the residents which in turn was sold and used as a restaurant/bar and ultimately purchased by the City in 1980 and converted to a recreation center. Knowing that the building and converted recreation center was coming to the end of its life, the City included $3.1 million in the Penny for Pinellas II project list to replace the Morningside Center. The original budget was established in 1997 and was intended to construct a recreation center similar to the Countryside Recreation Center. With the passage of time, the cost of construction increased by 100% from $100 per sq. ft. to $200 per sq. ft. With rising costs and a downturn in the economy in 2008, a decision had to be made regarding the disposition of the center. The following options were considered by the City Council. 1. Demolish the existing center and do not replace with another center. Convert the vacant land and renovate the existing parkland into an improved neighborhood park. $600,000 Page 5 City of Clearwater Council Work Session Meeting Minutes August 3, 2015 2. Continue to use the existing facility and make needed repairs and renovations as needed. $1,500,000 3. Construct a new neighborhood center of approximately 14,500 sq. ft. $3,100,000 4. Construct a new community center of approximately 25,000 sq. ft. $6,000,000 After much input from the community and staff, a decision was made by the City Council to accept option 1: to remove the building and invest in outdoor improvements at the park including, tennis courts, playground, sidewalks, landscaping etc. The citizens of Clearwater and the residents of Morningside and the southeastern portion of the City have always supported the construction of a new recreation center and have been diligent to keep the issue at the forefront of their discussions with staff and Council. There is currently a balance of$2,894,386 of Penny for Pinellas II funds remaining in CIP project 315-93251 for use at the Morningside Recreation Complex. Staff is proposing that Council reconsider the possibility of funding and supporting a new recreation center in Morningside. Staff is recommending the construction of a recreation center similar in size to the Ross Norton Recreation and Countryside Recreation Centers (approximately 22,000 sq. ft.). The facility would consist of gymnasium, multipurpose rooms, fitness room, classroom, restrooms and lobby. The new center could be constructed in a manner to combine entrance to the pool and center into one lobby thus reducing operating costs. Summary of costs: • Construction Costs: Building (22,000 sq. ft. x $225/sq. ft.) $4,950,000 FF&E 150,000 Soft Costs (7% of building cost) 370,000 Total $5,470,000 Funds available: CIP 315-93251 Morningside Recreation Center $2,894,386 Funds needed for project $2,575,614 Recommended funding source for shortfall to come from undesignated Penny for Pinellas III projects in fiscal year 2016/17 in the amount of$2,580,000. • Operating Costs: Operating costs, programming and revenue generated will be similar to Countryside Recreation Center. Based on this model the annual subsidy to Page 6 City of Clearwater Council Work Session Meeting Minutes August 3, 2015 the center will be as follows: Annual operating costs $600,000 Annual revenue generated $225,000 Annual City subsidy $375,000 It should be pointed out that this operating budget represents the addition of 9 new FTE (Full Time Equivalent) positions. Proposed timeline for project: Fiscal Year 2015/16: • Project design, permitting, bidding Fiscal Year 2016/17: • October 2016 - Begin construction Fiscal Year 2017/18: • 1 st quarter of Fiscal Year 18 - Open facility In response to questions, Parks and Recreation Director Kevin Dunbar said the Ross Norton facility operates on a $550,000 budget and generates less than $100,000. Facility amenities do not include a restaurant or bar. The proposed project is not in the current capital improvement plan. Staff has that identified that Penny 2 funds are available for the project. If Council wishes to proceed with the project, the project will be included in the new Penny List to be heard in September. Mr. Dunbar said during the 2013 Parks and Recreation Master Plan Update process, the Morningside Recreation Center was the number 2 identified priority. Discussion ensued with support expressed to pursue the project. It was stated that the neighborhood has waited a long time for a new recreation center. Concerns were expressed that the project was not included in the City's annual strategic plan and should not be pursued until it has gone through the strategic planning process. It was suggested that the neighborhood and surrounding area be polled again to determine if a new recreation center is wanted. The City Manager said the item before Council has been mentioned by all councilmembers at some point. Staff will fold this legacy item into the upcoming budget process. The Morningside Recreation Center was the only recreation center not built under Penny 2. At that time, Council deferred the project because of the economic downturn and the neighborhood leadership did not support a new recreation center. Page 7 City of Clearwater Council Work Session Meeting Minutes August 3, 2015 Staff was directed to provide the revenue%xpenditure summary for each recreation center. 3. Engineering 3.1 Approve an increase to the Performance Agreement (blanket purchase order) with Data Ticket Inc. for processing parking violations in the amount of$238,272 for years one through three and authorize the appropriate officials to execute same. (consent) August 20, 2014, City Council approved a Performance Agreement for a three-year term, with two additional one-year renewals to Data Ticket Inc., Newport Beach, CA, for parking violation processing services at a cost of$1.29 per citation processed and Collection Agency Services at a fee of 23% of total delinquent fines (fines paid after 31 days of issuance of parking ticket) to be paid by the customer. The estimated annual cost to the City under the contract was $45,000 per year plus start-up costs of approximately $15,000 in the first year for a total of $150,000 for years one through three. The performance Agreement anticipated payment to Data Ticket for processing one time collections only. Staff assumed the 23% collection agency charges would be paid by the customer directly to Data Ticket separately from the delinquent collections. Instead, Data Tickets deposits the ticket revenue and collected delinquent fee into the City's account and the City is responsible for reimbursing the vendor. At this time, the Parking Division is requesting an increase of$238,272 to the agreement, compensating Data Ticket for Collection Agency Service fees (Collection Fee) of 23% on delinquent tickets recovered: Year 1 - 3,512 transactions through May of 2015 collecting $167,790 of delinquent ticket revenue and $38,471 delinquent fees paid. It is anticipated that an additional 2,800 delinquent tickets will be paid collecting $140,000 additional revenue and $32,200 delinquent fees to pay. Year 2 - 6,940 transactions averaging $11.50 per ticket for delinquent fees of $79,810.00 Year 3 - 7,634 transactions averaging $11.50 per ticket for delinquent fees of $87,791.00 APPROPRIATION CODE AND AMOUNT: 0435-01333-530300-545-000-0000 $238,272 Funds are available in 0435-01333-530300, Parking System Contractual Services, in the amount of$70,671 in Fiscal Year 2015 and will be budgeted in 0435-01333-530300, Parking System Contractual Services, in amounts of $79,810 in Fiscal Year 2016 and $87,791 in Fiscal Year 2017 Operating budgets to fund this increase to the agreement to compensate for the Page 8 City of Clearwater Council Work Session Meeting Minutes August 3, 2015 delinquent ticket fees collected. 3.2 Approve a blanket purchase order in the first-year amount of$70,000 to Parkmobile of Atlanta, Georgia, for reimbursement of transaction fees for mobile parking, and years two through five with authorized increases during the contract term for total of $520,912.00; and authorize the appropriate officials to execute same. (consent) On May 7, 2015, City Council approved a Parking Service Agreement for pay-by-cell parking technology between the City of Clearwater and Parkmobile, for two years with three one-year renewal terms. Parkmobile provides a service to the City of Clearwater's parking customers (End Users) facilitating the activation and payment of parking transactions using mobile technology (Mobile Parking). For use of the Mobile Parking service, an end user fee of$0.35 per transaction is charged to the end user. Parkmobile accepts traditional credit card payments (Visa, MasterCard, Discover, and AMEX) from customers (End User) and all transaction revenue is paid to the Parking Division, including the transaction fee which the City reimburses to Park Mobile. One million parking transactions are estimated on an annual basis. In the first year 20 percent are anticipated to utilize the Park Mobile technology, with an estimated annual increase of 20 percent. For the initial year's 200,000 transactions at$.35 each, $70,000 in transaction fees are anticipated. Each subsequent year's increase based on a 20% increase is calculated as follows: Year 2 -240,000 transactions @ $.35 each = $ 84,000 Year 3 -288,000 transactions @ $.35 each = $100,800 Year 4 - 345,600 transactions @ $.35 each = $120,960 Year 5 -414,720 transactions @ $.35 each = $145,152 TOTAL 5-year reimbursements to Park Mobile = $520,912. APPROPRIATION CODE AND AMOUNT: 0435-01333-530300-545-000-0000 $520,912 Funds are available in 0435-01333-530300, Parking System Contractual Services, in the amount of$70,000 in Fiscal Year 2015 and will be budgeted at the indicated amount per year in Fiscal Year 2016 through Fiscal Year 2019 for total funding in the amount of$520,912 to fund this reimbursement purchase order. 3.3 Approve an increase to Florida Department of Transportation (FDOT), in the amount of$78,753.23, for the Joint Participation Agreement (JPA) between FDOT and the City of Clearwater for SR 590 from West of Marilyn Street to East of Audrey Drive Improvement Project; and authorize the appropriate officials to execute same. (consent) Page 9 City of Clearwater Council Work Session Meeting Minutes August 3, 2015 October 2, 2014, City Council approved a JPA between FDOT and the City of Clearwater for design, right-of-way acquisition and construction of SR 590 from West of Marilyn Street to East of Audrey Drive Improvement Project in the amount of$294,705.00. February 5, 2015, City Council approved an Amendment to the Agreement to increase the project amount to $346,987.71 per the final engineering estimate. May 13, 2015, FDOT received bids and has accepted a bid proposal from AJAX Paving Industries of Florida that totals $425,740.94 for the City's utilities work. The bid total amount is $78,753 higher than was previously approved. FDOT has presented the higher bids to the City for evaluation and acceptance of bid. AECOM (formerly URS) was responsible for design of the project. AECOM has reviewed and recommended acceptance of the bid. This JPA amendment is required to reflect the increase of funding to be transferred as in the Department of Transportation's Utility Work Order Change No.2. APPROPRIATION CODE AND AMOUNT: 0327-96634-563800-535-000-0000 $47.528.88 0327-96742-563800-535-000-0000 $31,224.35 Funds are available in Utility Renewal and Replacement projects in amounts of $47,528.88 from 0327-96634, Sanitary Utility Relocation, and $31,224.35 from 0327-96742, Line Relocation - Capital, for total funding of$78,753.23 to fund the increase of project costs. 3.4 Award a construction contract to B.L. Smith Electric, Inc. of Dundee, Florida, for the Reverse Osmosis Water Treatment Plant 1 High Service Pump Station Electrical Improvements Project (14-0024-UT) in the amount of$258,447.20, which is the lowest 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 underground electrical ductbank between the High Service Pump Station (HSPS) building and the Reverse Osmosis (RO) building thus allowing the existing 900 kW RO standby generator to power both buildings. This will allow the removal from service of an existing 100 kW standby generator located at the HSPS building. The 100 kW generator is near the end of its service life. In addition, the HSPS programmable logic controller will be updated, and a new manual transfer switch with a receptacle for a temporary generator installed. At the RO building a new external 900 kW temporary generator quick connect terminal will also be installed for redundancy. Page 10 City of Clearwater Council Work Session Meeting Minutes August 3, 2015 The previously approved design work order with Engineer of Record (EOR) McKim and Creed produced a design allowing significant savings by not having to replace the HSPS 100 kW generator while at the same time providing new redundancy at both the HSPS and RO 1 buildings through the addition of temporary generator connection points. The design phase was completed in May of 2015 and the construction phase is scheduled for completion by June of 2016. The City of Clearwater's Public Utilities Department is responsible for owning, operating and maintaining the RO Water Treatment Plant 1. APPROPRIATION CODE AND AMOUNT: 0327-96740-563800-533-000-0000 $258,447.20 Funding is available in Utility Renewal and Replacement project 0327-96740, Water Supply - Treatment, to fund this contract. 4. Planning 4.1 Provide direction on the proposed first amendment to an existing Development Agreement between Alanik Properties; Anco Holdings; Nikana Holdings, LLC (the property owners) and the City of Clearwater for property located at 401 South Gulfview Boulevard, which includes a revision to Exhibit B to provide new conceptual site plans and elevations, revises the overall height of the proposed building and sets a new date by which time site plan approval must be obtained and confirm a second public hearing in City Council Chambers before City Council on August 20, 2015 at 6:00 p.m., or as soon thereafter as may be heard. (HDA2015-06001) Body: Site Location and Existing Conditions: The 1.994-acre site is bound by South Gulfview Boulevard (west), Coronado Drive (east), and 5th Street (north). The subject property is comprised of five parcels with a frontage of approximately 350 feet along South Gulfview Boulevard, 450 feet along Coronado Drive and 213 feet of frontage along 5th Street. The site is occupied by two hotels with a combined total of 227 hotel rooms and a small retail store. The subject property is zoned Tourist (T) District with an underlying Future Land Use Plan (FLUP) category of Resort Facilities High (RFH). The subject property is also located within the Beach Walk District of Beach by Design. Access to the site is generally provided by several driveways along South Gulfview Boulevard (including the South Gulfview Boulevard frontage road) and Coronado Drive. A drop curb along 5th Street runs along the north side of the site providing parking spaces which exist partially within and back out into the 5th Street right-of-way. Building frontage is generally located along South Gulfview Boulevard (and its frontage road) and 5th Street. The larger area is characterized by a variety of uses including overnight Page 11 City of Clearwater Council Work Session Meeting Minutes August 3, 2015 accommodation, retail, outdoor recreation and entertainment, restaurant and attached dwelling uses with heights ranging from one to 15 stories. The immediate area is characterized by two to 15 story hotels. A five-story attached dwelling is located at the northeast corner of Bayside Drive and Hamden Drive. Detached dwellings are located farther along the length of Bayside Drive. The properties located along Hamden Drive are developed with attached dwellings and overnight accommodation uses. The City's Beach Walk project, to the west, has been constructed transforming South Gulfview Boulevard to the north and south 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. Coronado Drive has largely been improved according to Beach by Design. Development Proposal: The site was the subject of the Level II Flexible Development request approval (FLD2005-07068) which included, among other items, a request for a Termination of Status of Nonconformity to permit 127 hotel units (63.69 units per acre) to be considered conforming when the otherwise permitted number of hotel units was 97 units (50 units per acre). That portion of the request is considered vested. The site was also the subject of a Level III Development Agreement (HDA2014-06004/Resolution No. 14-29) approved by City Council on September 18, 2014. The owners continue to propose to utilize the existing 127 hotel units and incorporate an additional 100 units from the Hotel Density Reserve through Beach by Design resulting in a total of 227 units (114 units per acre). The current request includes a new conceptual site plan and accompanying building elevations (exhibit B) and changes to the Development Agreement. The changes to the Development Agreement are listed below however; the conceptual site plan and building elevations have been completely reworked. Development Agreement • Section 4.4: Increases the height of the building from approximately 140 feet to 150 feet. • Section 6.1.3.2: Changes the date by which site plan approval must be obtained to six months from approval of the amended Development Agreement. It should be noted that September 18, 2015 is the original date by which site plan approval is to be obtained. This amended Development Agreement will result in that date being February 20, 2016. The current proposal is to demolish all structures on the site and build a single 15-floor hotel with 227 hotel rooms. The building will be 150 feet (from Base Flood Elevation) to flat roof with the parking on the first six levels of the building. The parking spaces on the sixth floor are covered but essentially exterior spaces. The proposal includes a tropical modern architecture, which is consistent with and complements the tropical vernacular envisioned in Beach by Design. Page 12 City of Clearwater Council Work Session Meeting Minutes August 3, 2015 The site will be accessed via four driveways. Two driveways provide access to the parking component of the project and both include two-way traffic movements; one driveway is located at the southeast corner of the site along Coronado Drive and the second is centrally located along the north side of the site along 5th Street. A third driveway is located at the northeast corner of the site along Coronado Drive and is dedicated for service uses such as loading and solid waste. The fourth driveway is a right-in/right-out pair located at the southwest corner of the site along South Gulfview Boulevard. The driveway provides direct access to the drop-off area in front of the lobby on the second floor. The primary entrance and lobby of the building will be located along South Gulfview Boulevard on the second floor. Direct access to this floor is proposed to be provided by a series of terraced steps which will form a grand entrance into the hotel providing for a seamless transition between the subject site and Beach Walk. Because this terrace feature is located mostly within the South Gulfview Boulevard right-of-way it will need to be reviewed and approved at a later date through the development review process. As noted, the first six floors of the building will contain a parking garage. In addition to parking, the ground floor also includes various back-of-house service uses. The second floor includes various back-of-house service uses as well as the main lobby, and a 2,373 square foot restaurant. The third floor includes additional support services and hotel office space. The fourth floor includes a kitchen and meeting and conference spaces as well as an outdoor pool and patio located along the south side of the building overlooking Beach Walk and the Gulf. The fifth floor includes mechanical equipment and storage space and 10 hotel rooms. The sixth floor begins the tower component of the building and includes 19 hotel rooms. The remaining floors are dedicated to hotel rooms. 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 86,880 square feet in area and approximately 450 feet wide. The site is consistent with these Code provisions. Minimum Setbacks: The conceptual site plan depicts setbacks of zero feet along the front (west) along South Gulfview Boulevard/Beach Walk, 15 feet along the front (north and east) along 5th Street and Coronado Drive, respectively, side (south) setbacks of 10 feet and a side (west) setback of five feet. The proposed setbacks may Page 13 City of Clearwater Council Work Session Meeting Minutes August 3, 2015 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 150 feet in height as measured from BFE where a height of up to 150 feet is permitted as prescribed by the CDC (subject to meeting the applicable flexibility criteria of the CDC and as approved as part of a Level II Flexible Development application) and limited by Beach by Design, The proposal provides for a building which exceeds 100 feet in height. The applicant has demonstrated that there are no more than two structures which exceed 100 feet within 500 feet thereby fulfilling the requirements of Option 1, above. In addition, the applicant has demonstrated that there are no more than four structures which exceed 100 feet within 800 feet thereby fulfilling the requirements of Option 2, above. The height of the proposed building is consistent with the guidelines of Beach by Design. Minimum Off-Street Parking: The 227-room overnight accommodation use requires a minimum of 272 off-street parking spaces. A parking garage located on the first six levels of the building will provide a minimum of 272 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 street frontages. 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. Staff has noted that there are instances where the tower component of the project exceeds 100 linear feet without an offset of greater than five feet contrary to Section C.2 of the Beach by Design Design Guidelines. Two instances occur along the west fagade of the portion of the building which contains the parking garage component on the south side of the site. The tower component also includes facades which exceed the 100 foot limitation. The Design Guidelines provide that they are intended to be administered in a flexible manner to achieve the Page 14 City of Clearwater Council Work Session Meeting Minutes August 3, 2015 height quality built environment for the beach. Staff believes that the former scenario is acceptable because this fagade is effectively hidden by the adjacent property to the west. Staff also believes that the latter scenario is also acceptable because the portions of the building which directly relate to the pedestrian realms surrounding the site provide a great deal of articulation and visual interest. The tower component is mostly visibly and visually effective from a distance where larger buildings planes are aesthetically consistent with the scale of that portion of the building. In other words, since the tower will be mostly viewed and appreciated from a greater distance than the base longer building planes associated with the tower are proportionally appropriate. Hotel Density Reserve: The project has been reviewed for compliance with those criteria established within Beach by Design concerning the allocation of hotel rooms from the Reserve. The project appears to be generally consistent with those criteria, including that the development comply with the Metropolitan Planning Organization's (MPO) countywide approach to the application of traffic concurrency management for transportation facilities. The submitted Traffic Impact Study concludes that traffic operations at nearby intersections and on adjacent roadways would continue at acceptable levels of service. Standards for Development Agreements: The proposal is in compliance with the standards for development agreements, is consistent with the Comprehensive Plan and furthers the vision of beach redevelopment set forth in Beach by Design. The proposed first amended and restated amendment to the existing 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 no change in the number of units (100 units) allocated from the Hotel Density Reserve (previously approved as part of HDA2014- 06004/Resolution No. 14-29); • Revises Exhibit B which includes new conceptual site plans, architectural drawings, elevations and perspectives; • Requires the developer to obtain building permits within six months of approval of the amended and restated Development Agreement 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. Page 15 City of Clearwater Council Work Session Meeting Minutes August 3, 2015 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, Senior Planner Mark Parry said the request for the additional 10 ft. was to address FEMA regulations. The street stub-out, which will remain public right-of-way, will be addressed as part of the site plan approval process. On the east side, the sidewalk will be 7 ft. wide, 15-foot setback provides adequate space for landscaping. 5. Solid Waste 5.1 Approve a Contract (Blanket Purchase Order) to Hose and Hydraulics, Inc. of Clearwater, FL in the amount of$225,000 for the purchase of replacement hydraulic parts and repairs for vehicles and equipment used by city departments during the contract period August 3, 2015 through August 10, 2016, in accordance with Sec. 2.564(1)(d), Code of Ordinances, Pinellas County Contract 123-0379-Q, and authorize the appropriate officials to execute same. (consent) This blanket purchase order is a piggyback off of Pinellas County Contract 123-0379-Q and covers the purchase of replacement hydraulic parts and repairs for use on city vehicles and equipment. Due to the increased demand for services and parts from Hose and Hydraulics, an additional $45,000 needs to be added to current fiscal year Purchase Order BR510068 for a revised total of$210,000. With the implementation delay of once-a-week pick up services, utilization of the refuse vehicles has not reduced. Some are older and require more costly maintenance, particularly replacement parts. Any interruptions in services would hinder the ability and quality service provided to the Clearwater residents. APPROPRIATION CODE AND AMOUNT: 566-06611-550600-519-000 $225,000 This is budgeted in the operating expenses for Fiscal Year 14/15 and Fiscal Year 15/16 Page 16 City of Clearwater Council Work Session Meeting Minutes August 3, 2015 5.2 Award a contract (blanket purchase order) to Jet Age Fuel, Inc. of Clearwater, FL, in the annual amount of$3,100,000 for the purchase of unleaded and diesel fuel for city motorized equipment, including two one-year renewal terms at the City's option, and authorize the appropriate officials to execute same. (consent) Invitation to Bid (ITB) No. 19-15 was issued in May 2015. Seven responses were received. The ITB pricing structure was based on specific dates' rack rates, and the respective Fixed Fee Markup (+ or-) from the bidders. Fuel prices change daily based on the rack rates, markups, and applicable taxes. For general reference, on June 24, 2015, fuel prices were $2.36 for unleaded and $ 2.31 for diesel, per gallon. This contract is for the purchase of unleaded and un-dyed diesel fuel for delivery to the city's fuel facility located at 1701 N. Hercules Avenue. Additionally, this contract will be for the purchase of dyed diesel for delivery to the City's fixed and mobile generators at various locations within the city. The fuel purchased from this contract is utilized in the majority of city equipment, including police and fire, and the majority of refuse collection vehicles used by the Solid Waste Department. Jet Age was the second lowest bidder on ITB 19-15, by a nominal differential of$1,232 (calculations based on historical Fiscal Year 14 consumption). The recommendation to award to Jet Age is due to the vendor's proximity to the City of Clearwater (located inside City limits) coupled with confidence in their supply chain and delivery capabilities. Additionally, the ITB required a written commitment from the supplier of their ability to be responsive to Clearwater in emergency situations. Jet Age provided a written confirmation of their ability to supply fuel 24 hours a day, 7 days a week, especially during the hurricane season; and if their supply from the Port of Tampa is interrupted they have the ability to obtain fuel via truck from Jacksonville, Florida or Bainebridge, Georgia. Per the US Energy Information Administration, the estimated average retail price for diesel in 2015 is $2.95 per gallon and the estimated average retail price for unleaded is $2.49 per gallon (projections of cost for the period of this award was averaged to estimate the price per gallon and includes taxes the City doesn't pay). The City does not pay Federal taxes; but does pay state taxes at time of payment and submits for reimbursement on a monthly basis. APPROPRIATION CODE AND AMOUNT: Page 17 City of Clearwater Council Work Session Meeting Minutes August 3, 2015 Funds are available in cost code 566-06611-550600-519-000 (Fuel) $3,100,000 6. Official Records and Legislative Services 6.1 Designate a Councilmember to be the official voting delegate at the Florida League of Cities' Annual Conference, August 13-15, 2015. The Florida League of Cities' Annual Conference will be held at the World Center Marriott, Orlando, Florida on August 13-15. The League is asking each municipality to designate one official to be the voting delegate at the Annual Business Session on Saturday, August 15 at 9:00 a.m. Adoption of resolutions and by-laws changes are undertaken at the business meeting. This year, voting delegates will consider whether minor changes in municipal population should affect the reapportionment of board seats after they have been apportioned and whether the reapportionment process should take place more often than every ten years. The proposed change for Article II - Board of Directors, Section 5C (2) is as follows: Each district shall be apportioned into one or more Board seats representing a reasonably equal municipal population within the several districts for each individual Board seat, as determined by the official federal decennial census, but excluding the population of the ten (10) most populous cities in the state. Districts established pursuant to Subsections (B) & (C) of this Article shall take effect no later than the second annual membership meeting following each official federal decennial census. The Board of Directors may reapportion Board seats after the initial reapportionment to address federal census population corrections that result in unintended consequences. There was consensus to designate Councilmember Jonson as the voting delegate and place the item on the Consent Agenda. 7. Legal 7.1 Adopt Ordinance 8731-15 on second reading, annexing certain real properties whose post office addresses are 1760 Evans Drive, 1779 Owen Drive and 2711 North Terrace Drive, all in Clearwater, Florida, 33759, together with certain rights-of-way of North Terrace Drive, Lucas Drive and Diane Drive, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Page 18 City of Clearwater Council Work Session Meeting Minutes August 3, 2015 7.2 Adopt Ordinance 8732-15 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 properties whose post office addresses are 1760 Evans Drive, 1779 Owen Drive and 2711 North Terrace Drive, all in Clearwater, Florida, 33759, upon annexation into the City of Clearwater, as Residential Low (RL) and Preservation (P) / Drainage Feature Overlay. 7.3 Adopt Ordinance 8733-15 on second reading, amending the Zoning Atlas of the city by zoning certain real properties whose post office addresses are 1760 Evans Drive, 1779 Owen Drive and 2711 North Terrace Drive, all in Clearwater, Florida, 33759, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR) and Preservation (P). 7.4 Adopt Ordinance 8734-15 on second reading, annexing certain real property whose post office address is 1472 Grove Circle Court, Clearwater, Florida 33755, together with all right-of-way of Grove Circle Court, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. 7.5 Adopt Ordinance 8735-15 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 1472 Grove Circle Court, Clearwater, Florida 33755, upon annexation into the City of Clearwater, as Residential Low (RL). 7.6 Adopt Ordinance 8736-15 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1472 Grove Circle Court, Clearwater, Florida 33755, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). 7.7 Adopt Ordinance 8737-15 on second reading, annexing certain real property whose post office address is 2052 The Mall, Clearwater, Florida 33755, together with all right-of-way of The Mall, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. 7.8 Adopt Ordinance 8738-15 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 2052 The Mall, Clearwater, Florida 33755, upon annexation into the City of Clearwater, as Residential Urban (RU). 7.9 Adopt Ordinance 8739-15 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 2052 The Mall, Page 19 City of Clearwater Council Work Session Meeting Minutes August 3, 2015 Clearwater, Florida 33755, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). 7.10Adopt Ordinance 8740-15 on second reading, annexing certain real property whose post office address is 2117 Burnice Drive, Clearwater, Florida 33764, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. 7.11Adopt Ordinance 8741-15 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 2117 Burnice Drive, Clearwater, Florida 33764, upon annexation into the City of Clearwater, as Residential Low (RL). 7.12Adopt Ordinance 8742-15 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 2117 Burnice Drive, Clearwater, Florida 33764, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). 7.13Adopt Ordinance 8745-15 on second reading, vacating a portion of that certain utility easement four feet in width along the rear of Lots 1, 2, 8 and 9 of Glenwood Estates Addition as recorded in Plat Book 9, Page 56 of the Public Records of Pinellas County, Florida. 7.14Adopt Ordinance 8748-15 on second reading, amending the Clearwater Code of Ordinances Chapter 32 Utilities, Article VII Solid Waste Management, updating definitions, trash collection frequency and practice exemptions, private roll-off hauler reporting, yard waste and unincorporated collection; amend Appendix A - Schedule of Fees, Rates. In response to questions, Solid Waste/General Services Assistant Director John Pittman said staff is in the process of scheduling meetings with the homeowners associations to address questions and concerns. Assistant City Manager Jill Silverboard said the Pilot program was deferred due to the rate analysis. County tipping fees are expected to increase. If requested, the fee for the second garbage can was reduced to half the cost of the first container. It was suggested that staff provide Council with talking points regarding the once-a-week garbage pick-up. Page 20 City of Clearwater Council Work Session Meeting Minutes August 3, 2015 The Council recessed from 3:37 p.m. to 3:42 p.m. 7.15Adopt Ordinance 8749-15 on second reading, vacating a portion of that certain 10 foot drainage and utility easement along the read of Lot 13 as described in the plat titled "Northwood West" as recorded in Plat Book 85, Page 2, of the Public Records of Pinellas County, Florida. 8. City Manager Verbal Reports 8.1 BP Settlement Funding (WSO) The City of Clearwater has approved a settlement in the amount of$8,139,039 from BP in final settlement of claims resulting from the Deepwater Horizon Oil Spill. After Attorney's Fees and Expenses, the net disbursement to the City will total $6,480,352.21. There are no limitations on use of the claim proceeds by the City, which provides City Council with significant latitude in determining how best to use the money. There are a number of worthy initiatives to consider for appropriating the BP claim settlement monies. Staff offers the following categories and considerations for City Council's review of community initiatives that may be considered as priorities for the funds. Community legacies include cultural and physical attributes that are inherited from past generations, built or maintained in the present, and bestowed for the benefit of future generations, including buildings, monuments, landscapes and works of art. Staff recommends a one-third portion of the settlement ($2.16 million) be set aside in a Capital Project designated for legacy initiatives that City Council may define in the future Community resiliency means being prepared to help prevent or minimize the loss or damage to life, property and the environment, to recover rapidly from disruptions and disasters so that essential services can be restored for timely economic and social recovery. Clearwater has been designated as one of 3 pilot communities by the Florida Department of Economic Opportunity (DEO) for purposes of developing a coastal hazards vulnerability assessment and adaptation plan. During the adaptation planning process, Clearwater will be defining a series of adaptation strategies for coastal hazards and prioritizing focus areas for adaptation implementation activities. The DEO grant will leave Clearwater with a series of, as yet undefined, recommended initiatives for community resiliency. Staff recommends that a one-third portion ($2.16 million) of the BP settlement be reserved for future funding of priority adaptation, resiliency activities. City Council has defined "Facilitation of Economic Development" as a strategic priority that embraces diversification of the economic base and increasing economic opportunity as objectives. Staff recommends that a one-third portion ($2.16 million) as "seed money" for significant economic development projects. This money would Page 21 City of Clearwater Council Work Session Meeting Minutes August 3, 2015 be used to match developer contributions for major projects that will significantly improve the local economy, create jobs and meet additional criteria defined for same. 9. City Attorney Verbal Reports 10. Council Discussion Item 10.1 Constituent communication regarding Floridians for Solar Choice ballot initiative - Councilmember Jonson Councilmember Jonson said at the Florida League of Cities General Meeting there was discussion regarding the solar choice ballot initiative. The League has concerns regarding the initiative and tried to get the initiative removed from the ballot. Several cities have come forward as pro-solar and think the League should withdraw its challenge of legality of the amendment. The League did not have an opportunity to provide feedback on the amendment as it was not presented to the League prior to it being approved to go to the voters, so their only course of action is to challenge the legality in court. The City Attorney said that the issue may not need to be a constitutional amendment, unintended consequences would be difficult to fix. The issue is not solar energy but the wording in the amendment. Discussion ensued with support being given to Councilmember Jonson to vote with the League on this issue. 11. New Business (items not on the agenda maybe brought up asking they be scheduled for subsequent meetings or work sessions in accordance with Rule 1, Paragraph 2). — None. 12. Closing Comments by Mayor — None. 13. Adjourn The meeting adjourned at 4:00 p.m. Page 22 City of Clearwater