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08/17/2015 Council Work Session Meeting Minutes August 17, 2015 City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 e d s w r' �mu Meeting Minutes Monday, August 17, 2015 1 :00 PM Council Chambers Council Work Session Page 1 City of Clearwater Council Work Session Meeting Minutes August 17, 2015 Roll Call Present 5 - Mayor George N. Cretekos, Councilmember Doreen Hock-DiPolito, Councilmember Hoyt Hamilton, Councilmember Bill Jonson, and Also Present: William B. Horne II (Departed — 3:35 p.m.) - 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. 2. Presentations — Given. 2.1 August Service Awards Three service awards were presented to city employees. The Council recessed from 1:05 p.m. to 1:33 p.m. to meet as the Pension Trustees and the Community Redevelopment Agency. 3. Economic Development and Housing 3.1 Approve funding in the amount of$100,000 for the implementation of Clearwater Business SPARK!, per the Memorandum of Understanding approved by Council dated May 2015, to be funded from the Urban Land Institute (ULI) Report Implementation Special Program (181-99888). After a year and a half of in-depth evaluation and partner discussion, a Memorandum of Understanding (MOU) was presented to City Council on May 7, 2015 and was approved in support of this network. Following council approval, staff met with Clearwater Business SPARK's Executive Committee and Advisory Board and identified marketing and funding of certain services as key priorities to launch and provide ongoing support of the network, and a Page 2 City of Clearwater Council Work Session Meeting Minutes August 17, 2015 three-year budget was developed. Staff is recommending a $100,000 budget for Fiscal Year 15-16 to pay for the marketing and promotion as well as gaps in counseling and services. The proposed budget for this program provides the initial seed money to underwrite implementation of the ULI Advisory Services Panel Report recommendations for "Attracting an Incubator", as reflected in the ULI Implementation Matrix Strategy 1.3, Item 15, designated Priority (P) for initial implementation. Outlined below are examples of the different channels and services that could be utilized to promote and support this network. • Advertising -print and electronic media (TBO, 83 Degrees, Google/FB ads, Billboards), SEO • Memberships/Subscriptions/Licenses- National Business Incubation Association (NBIA), SMARSH • Operating Supplies and Materials- event table, cart, office supplies • Professional Services- contract support to develop website which will serve as a main portal to all SPARK programs, partners and facilities activities and information. It is intended staff will maintain and update website after launch. • Promotional Activities- kick-off event, trade shows, luncheons, sponsorships • Promotional Items- tchotchkes, printing and binding, business cards, banners, table cloth • Fixed Services- telephone and webhosting • Staff Training Expenses- IEDC, NBIA Certification • Counseling and Training Services- funding for unique training programs and consulting services through Florida Small Business Development Center at Pinellas County(FSBDC) not to exceed$35,000, and to come forward under separate agreement. Funding requests for Fiscal Year (FY) 16-17 and FY 17-18 will be presented through annual budget process. Note: Funding for certain counseling and training services delivered within the CRA for technology-related enterprises will be proposed under separate request to CRA at a future date utilizing the existing CRA Project code 388-94872 Technology District Incentives. CRA FY15-16 Operating Budget will include a funding agreement with Clearwater Library System to underwrite certain expenses of the Main Library's STEM centers to further support this initiative. Clearwater Business SPARK! is a network of programs, services and facilities Page 3 City of Clearwater Council Work Session Meeting Minutes August 17, 2015 to support businesses and entrepreneurs in every stage of development so they may easily identify and obtain the resources needed to grow in the greater Clearwater area. Assistance is delivered through a consortium of public and private partners, working out of separate facilities, but coming together to facilitate entrepreneurial, creative and small business development. Partners include the City of Clearwater Economic Development and Housing Department, Clearwater Community Redevelopment Agency, Clearwater Library System, Clearwater Regional Chamber of Commerce, Florida Small Business Development Center of Pinellas County, and Technical Arts Facility for Innovation and Entrepreneurship (TAFFIE). As detailed in Section 7(f)i of the MOU, "in-kind services and support including, but not limited to, facilities, programs, services and marketing such as 1) meeting and conference space, 2) meeting and event coordination, 3) services such as coaching, mentoring, and counseling, 4) access to speakers, trainers, and subject-matter experts, 5) promotion and marketing of the consortium through presentations, press releases, newsletters, social media and other forms of communication" is to be provided by the aforementioned Partners. APPROPRIATION CODE AND AMOUNT: Funding in the amount of$100,000 is available in special program 181-99888, ULI Report Implementation. In response to questions, Economic Development and Housing Director Geri Campos Lopez said staff received feedback that the marketing and promotion efforts were lacking. It is envisioned that the chambers of commerce would provide assistance with small business ideas and the small business development center would provide marketing assistance. Staff is developing a website and tracking the number of individuals attending events. Economic Development Coordinator Audra Aja said five referrals have been forwarded to TAFFIE. The consortium will be defining the performance measures as the program evolves. The goal is to support entrepreneurs and businesses at every stage of the business venture, which may include relocating the business into the city. In response to a concern, the City Manager said staff has been tasked to facilitate economic development, not a routine task for city government. Staff is focusing on best ways to invest these funds. Ms. Campos Lopez said during the initial tech incubator, only one entrepreneur expressed an interest in the program despite staffs engagement with the business community. It was discovered that there were needs from the business community, "pre-needs" Page 4 City of Clearwater Council Work Session Meeting Minutes August 17, 2015 before the incubator step. The consortium will create an ecosystem that will attract and generate interest. The Department will manage expenses related to the project. Ms. Aja said the Greenhouse is a one-stop shop partnership with the City of St. Petersburg and the local chamber of commerce that provides services. The City's program is a network that will refer individuals to the desired service. 4. Finance 4.1 Declare list of vehicles and equipment surplus to the needs of the City and authorize disposal through sale to the highest bidder at the Tampa Machinery Auction, Tampa, Florida; and authorize the appropriate officials to execute same. (consent) All surplus vehicles and equipment have been replaced as necessary, or are no longer required. Tampa Machinery Auction is the Tampa Bay Purchasing Cooperative Auctioneer of Record; contract period through October 2015. Tampa Machinery Auction holds a live auction monthly and accepts internet bids at the time of the live auction. APPROPRIATION CODE AND AMOUNT: 0566-00000-364413-000-0000 Amount - Sales Proceeds TBD In response to a question, Purchasing Manager Alice Bynge said the Tampa Machinery Auction is open to the public. 5. Gas System 5.1 Approve a Developer Agreement with NNP-Bexley, LLC; approve a Template form of Developer/Builder Agreement; accept a Gas Main and Utility Easement for the subject development property; authorize the Gas System Managing Director, or designee, to approve future Developer/Builder Agreements in substantially similar format; and authorize the appropriate officials to execute same. (consent) NNP-Bexley, LLC is the developer for a new project in Pasco County, called Bexley Ranch. This agreement covers the first 525 single family homes to be constructed as part of a 5,000+ residential community. Staff is also requesting Council to approve this agreement as well as the Template format for Developer/Builder Agreements, which will be used for all Page 5 City of Clearwater Council Work Session Meeting Minutes August 17, 2015 future developer/builder agreements in the Clearwater Gas System territory. Additionally, staff is asking that the Clearwater Gas System Managing Director be authorized to approve all future agreements based on this approved Template in substantially similar format. Exhibit A, the legal description for the subject development property, will be attached to the original Agreement for Council's review and approval. Exhibit B-1 will be attached by amendment when the subject property is properly, officially platted. This agreement has been thoroughly reviewed by both Legal and Risk Management and all required indemnification and insurance provisions are included. In addition, all future developer/ builder agreements will be reviewed again by our Legal department, if there are significant modifications requested by the developer/builder, to ensure provisions within such future Agreement remain in the best interest of the City. 5.2 Approve an Encroachment Agreement with Florida Gas Transportation, LLC, for the installation of a natural gas distribution main across their existing easement and authorize the appropriate officials to execute same. (consent) In order to supply natural gas service and maintain system reliability, Clearwater Gas System (CGS) needs to install a natural gas distribution main across the existing Duke Energy Transmission line Right-of-Way, located in Pasco County, just east and running parallel with Starkey Blvd. This main extension is required to serve a new customer who will run natural gas engines to pump water for blueberry crop irrigation (farming operations). In addition, the main will serve the new Starkey Ranch subdivisions, as well as increase the pressure for existing customers along the SR54 corridor. The proposed gas main will be a 4-inch Polyethylene (PE) pipe, which is the pipeline material currently used for all new main installations. Florida Gas Transmission (FGT) requires an Encroachment Agreement since they have an existing easement with Duke Energy for their 16" transmission main, which runs within the Right-of-Way corridor. 5.3 Approve an Underground Pipeline Right-of-Way Utilization Agreement with Duke Energy of Florida, Inc. for the installation of a natural gas distribution main across their existing Transmission Right-of-Way and authorize the appropriate officials to execute same. (consent) In order to supply natural gas service and maintain system reliability, Clearwater Gas System (CGS) needs to install a natural gas distribution main across the existing Duke Energy Transmission line Right-of-Way, located in Pasco County, just east and running parallel with Starkey Blvd. This main Page 6 City of Clearwater Council Work Session Meeting Minutes August 17, 2015 extension is required to serve a new customer who will run natural gas engines to pump water for blueberry crop irrigation (farming operations). In addition, the main will serve the new Starkey Ranch subdivisions, as well as increase the pressure for existing customers along the SR54 corridor. The proposed gas main will be a 4-inch Polyethylene (PE) pipe, which is the pipeline material currently used for all new main installations. Duke Energy requires a Right-of-Way Agreement since they own the property where the transmission and distribution electric facilities are installed. 6. Parks and Recreation 6.1 Approve a contract (purchase order) between the City of Clearwater and the Bureau of Business Enterprises (BBE), Division of Blind Services, for a two-year period, with an option to renew for one additional two-year period, to provide employees and residents with healthy snack vending services to promote a culture of wellness citywide and authorize the appropriate officials to execute same. (consent) In 2013, the City entered into a healthy vending pilot program at the Long Center and Countryside Recreation Center. In 2014, the City explored expanding the healthy vending city wide in an attempt to build on the culture of wellness and a consistent message to city employees and residents that health and wellness is a priority in Clearwater. The attempt to expand the program in 2014 was not successful. A second attempt was made in February 2015 with the release of Request for Proposals 11-15 to provide healthy vended products at 12 city facilities. A single proposal was received from the BBE, Division of Blind Services. The primary factor expressed by vendors who did not bid was the missing element of beverage vending (due to the City's exclusive agreement with Coca Cola) which severely impacts their revenues and ability to have a profitable account. Under guidelines established by the Federal Randolph-Sheppard Act, the BBE is charged with creating independent business opportunities for visually impaired/blind licensed vending facility operators. Through this program, hundreds of Floridians who are blind have acquired the management training and business skills necessary to operate successful businesses, independence, and self-sufficiency. Capital investment for equipment and products is provided by the BBE for a small percentage of the vendor's contract revenue. The Bureau oversees more than 120 licensed vendors who manage more than 150 facilities in Florida. Woody Mathews, the selected BBE Operator, is a certified Serve Safe food service manager and currently services multiple vending routes in the Clearwater area. The City chooses to promote healthy vending by requiring 100% compliance Page 7 City of Clearwater Council Work Session Meeting Minutes August 17, 2015 with the USDA's Smart Snacks in Schools standards at locations where youth are served, specifically the recreational facilities. In city building locations the vending is restricted to an 80/20 split of USDA compliant products and non-compliant products, respectively. In an effort to keep the typically higher priced healthy items affordable, the City elects to not collect commissions on this contract. The proposal was evaluated by a sub-committee of the City Health and Wellness Committee on the following criteria; previous successful experience, longevity of providing services, favorable price schedule, ability to provide products meeting our nutritional specifications, customer service, and proven financial stability. Based on the evaluations, the Committee recommends that the BBE, Division of Blind Services, provide the City with an exclusive healthy vending agreement. In response to a question, Wellness Specialist Regina Novak said thirteen facilities will be served, with plans to expand in the future. There is no conflict with the Coca-Cola contract as the machines will not offer beverages. 6.2 Approve a 1-year Partnership and Operational Support Agreement from October 1, 2015 through September 30, 2016 and five one-year renewal options, between the City of Clearwater and Clearwater Horseshoe Club, Clearwater Lawn Bowls Club and Clearwater Shuffleboard Club, for the use and supervision of certain city-owned buildings and facilities, and authorize the appropriate officials to execute same. (consent) On June 4, 2009, the City Council approved entering into Partner and Operational Support Agreements with the Clearwater Horseshoe Club, Clearwater Lawn Bowls Club and the Clearwater Shuffleboard Club (Clubs) for the use and supervision of certain City owned building and facilities they use for their various recreational activities. The agreement with the Clubs expires on October 1, 2015 and they have all expressed their desire to extend their relationship with the City by entering into a new agreement similar to the original agreement. The primary changes have to do with updating the insurance requirements and substituting new dates and typographic changes to the agreements. The agreements for the Clubs are identical with the only change being what services each provides and the person(s) entering into the agreements. As a way of background, the Clearwater Lawn Bowls and Shuffleboard Clubs have been active in Clearwater for over 55 years currently operating out of the Complex at the corner of Alt 19 and Calumet Street; while the Horseshoe Club has offered programs at Ed Wright Park for over 35 years. Page 8 City of Clearwater Council Work Session Meeting Minutes August 17, 2015 All three of these adult groups continue to provide recreational opportunities to the citizens of Clearwater in their specific specialty (i.e., Lawn Bowls, Shuffleboard and Horseshoes). In addition to offering open sessions, providing lessons, conducting tournaments and providing social activities for their participants they provide the supervision and general maintenance of the buildings and facilities assigned to each group. In turn, these groups will not be required to meet the resident/non-resident card requirements. The City will continue to provide maintenance of the grounds, and provide major capital building and maintenance service to the buildings if determined necessary by the City. Each group is required to provide an annual report of activities consisting of the number of clients served, costs of such service, commentary on the viability, effectiveness, and trends affecting the program and success of same. In response to questions, Parks and Recreation Director Kevin Dunbar said no improvements are planned, routine maintenance is scheduled. The one-year renewals allows staff to determine if the City is receiving the deliverables required by contract. 6.3 Provide direction regarding future development and funding for Crest Lake Park. At the May 4, 2015 work session, staff was requested to provide an update on the Crest Lake Park Project for future council consideration. The City of Clearwater Parks and Recreation Master Plan Update of 2013 revealed strong support by the community to update and upgrade the amenities at Crest Lake Park. Improvement suggestions from the Community Workshops included restrooms, exercise equipment, fountains, splash-park, improved security, better lighting, better playgrounds, removal of alligators, improved fishing and improved open field grass areas. Crest Lake Park ranked number one in neighborhood parks needing renovations and improvements. The Capital Improvement Projects and Program Priorities list in the Plan (Table 10) reveals that Crest Lake Park improvements are listed as the 7th most important project out of 34 to be addressed. Estimated initial cost for the project, not knowing all the specific elements, was $1,500,000 with annual operating costs being $65,000 per year, which includes 1.5 Full-Time Equivalents to maintain the park improvements. The suggested funding source was identified in the plan as coming from Penny for Pinellas Page 9 City of Clearwater Council Work Session Meeting Minutes August 17, 2015 (Penny) funds designated for neighborhood parks in 2017/18 ($1,250,000) and 2018/19 ($250,000). Elements included in the $1.5 million budget included design and permitting, sidewalk/path improvements, improved lighting in the park, improved park amenities (i.e., water fountains, benches, bike rack, etc.) , restrooms, improved grass area/playfield type area (5 acres), additional parking (40 spaces), limited landscaping improvements and approx 6% in contingency. It should be noted that a budget of approximately $3.2 million is required to renovate the entire 37.81 acres of the park site which would include exterior walkways around the park, interior walkways around the lake, irrigation, sodding and landscaping for the entire park, and all other amenities mentioned in the $1.5 million budget. Depending on Council direction additional elements that could be included in either budget are as follows: Playground improvements/enhancements $250,000 Picnic tables & grills (12) $ 9,000 Picnic shelter 50 ft. x 50 ft. (each) $150,000 Gazebo octagonal 40 ft. diameter $ 80,000 Tennis courts (2) $160,000 Basketball court lighted (each) $100,000 Sand volleyball courts (each) $ 12,000 Improved exercise court $100,000 Splash pad (4,500 sq. ft.) $300,000 Fishing pier with boardwalk (1,500 sq. ft.) $150,000 Spray water fountain in the lake (lighted) $100,000 Canoe launch site $100,000 Since this project is not currently funded, staff has not begun the process needed to design the park improvements and bring to Council for approval. Penny funds would be available from Neighborhood Park Project in Fiscal Year (FY) 2016/17 ($1,100,000) to begin the project with the remaining $400,000 needed for the $1.5 million limited project in FY 2017/18. It should also be noted that the FY 2016/17 was also identified at the January 16, 2014 council meeting as a potential match for Phase II ($500,000) for the Veterans Memorial in Crest Lake Park. Currently there is a balance of$4,350,000 of future Penny III funds budgeted for neighborhood park improvements. If$1.5 million were allocated to Crest Lake Park project then there would be a balance of$2,850,000 for other neighborhood park renovations and improvements. Parks that were identified for possible renovation in the original scope for Penny III funding included North East Coachman Park, Woodgate Park, Valencia Park, Charles Park, Overbrook Park, Pier 60 Park, Cliff Stephens Park, as well as the possible development of two new neighborhood parks, Salls Lake Park and State Street Park. Page 10 City of Clearwater Council Work Session Meeting Minutes August 17, 2015 Staff is recommending that if Council recommends using $1.5 million for Crest Lake Park improvements that the two proposed neighborhood parks at Salls Lake and State Street not be constructed at this time. The remaining $2.8 million will be available to complete other neighborhood park projects as approved by Council or fund other enhancements at Crest Lake Park. Staff is seeking direction regarding future funding and timing for renovations at Crest Lake Park. Some of the options are as follows: 1. Designate funds available for Neighborhood Parks in FY 2016/17 and FY 2017/18 for improvements to Crest Lake Park (up to $2,350,000 Penny III funds available) 2. Advance Penny funds to FY 2015/16 to begin design and construction of improvements to Crest Lake Park (amount to be determined but could be as high as $5,000,000 depending on amenities chosen for the park) 3. Advance a portion of the Penny funding from FY2016/17 to FY 2015/16 to begin the design, permitting and public input process necessary for this project with construction funds scheduled for out years ($250,000) 4. In addition to using a portion of Penny III funding ($1.5 million) allocate an additional amount from other funding for an enhanced project. No matter which option is chosen, it will take between 24 to 30 months to complete the project. 6.4 Provide direction regarding the submittal of a 2015/16 Florida Highway Beautification Council Grant (FHBCG) for the beautification of medians on Missouri Avenue from Court Street to Belleair Road. The Florida Department of Transportation (FDOT) notified the City that the 2015/16 grant cycle for the FHBCG is now open and that draft applications must be submitted to FDOT by September 1, 2015. The City Council has recently discussed the possibility of expanding the beautification of medians on Missouri Avenue. FHBCG will fund 50% of the total project cost, including installation of a sprinkler system, cost of plant materials, labor to install plant materials, design fee, MOT (Maintenance of Traffic) and establishment period of one year. Staff is estimating that the total cost to provide beautification on the 11 Missouri Avenue medians is $377,465, or $34,315 per median. If the City is successful at obtaining the FDOT grant, the City's portion of expenses will be 50% or, approximately $190,000. Page 11 City of Clearwater Council Work Session Meeting Minutes August 17, 2015 If staff is directed to apply for the grant, Council will need to adopt Resolution 15-22, allowing the City Manager to execute all documents relating to the grant, and establish a new Capital Improvement Project, Missouri Avenue Median Beautification (315-93322), at Thursday's council meeting. Funding for the City's match will be provided by a third quarter amendment transferring $190,000 from General Fund Reserves. The Resource Committee approved applying for the grant at their August 5, 2015 meeting. USE OF RESERVE FUNDS: If approved, funding for the City's match will be provided by a third quarter budget amendment allocating General Fund reserves in the amount of $190,000 to Capital Improvement Project 315-93322, Missouri Avenue Median Beautification. A net total of$3,219,615 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 $20.2 million or 17.6% of the current General Fund operating budget. In response to questions, Parks and Recreation Director Kevin Dunbar said the Fall grant is a statewide competitive grant. The grant funds plant material, irrigation, as well as design and installation. The Spring grant is only applicable to state roads and could be used on SR 580. There was consensus for staff to submit a grant application. Staff was directed to place the item on the consent agenda. 7. Engineering 7.1 Approve the Contract for Sale of Real Property by the City of Clearwater (Contract) with Decade Sea Captain, LLC for the sale of city-owned property located at 41 Devon Drive, Clearwater and authorize the appropriate officials to execute same, together with all other instruments required to affect closing. (consent) The subject property, of approximately 0.37 acres, is located at 41 Devon Drive (a/k/a 212 Hamden Drive) and is improved as a surface parking lot currently operated as Parking Lot 33 by the City's Parking System Division. Parking Lot 33 contains 24 parking spaces and gained $86,359 in revenue in the most recent 12-month reporting period. Prior to the City taking ownership of the property in 2006, development rights were transferred from the property. On December 18, 2014, City Council declared the property surplus for the purpose of sale through Invitation to Bid 06-15 (ITB 06-15)for highest bid amount exceeding $425,000 whereby the successful bidder will incorporate the property into a redevelopment project. ITB 06-15 disclosed that a deed Page 12 City of Clearwater Council Work Session Meeting Minutes August 17, 2015 restriction would be placed on the property requiring that 24 parking spaces shall be reserved for public use at market-based rates that are commensurate with rates for comparable beachfront, covered parking structures in Florida resort areas. The City released ITB 06-15 on January 15, 2015 and received one bid from DCIP, LLC with a proposed purchase price of$425,010. Jeffrey Keierleber is the sole principal owner of DCIP, LLC and has requested that the Contract be between the City and Decade Sea Captain, LLC, a different LLC of which Mr. Keierleber is also the sole principal. The proposed contract is consistent with the proposal and complies with requirements set forth in ITB 06-15. Additional terms and conditions negotiated between Decade Sea Captain, LLC and City staff are listed below: • Purchase price is $425,010 • The proposed redevelopment project is a parking garage. A conceptual design of the garage represents approximately 185-190 parking spaces which will provide parking to the Pier House 60 Clearwater Beach Marina Hotel, and a proposed hotel development at the Sea Captain Resort site in addition to the 24 required public parking spaces • The City will have the option to re-purchase the property if vertical construction of the parking garage does not commence by certain milestones; the latest possible milestone is three years from the effective date of the Contract • 24 required public parking spaces, referenced above, will be located on the ground floor and shall be the first available parking spaces upon entering the parking garage • If Decade Sea Captain, LLC fails to provide required public parking, then it will be liable to the City for payment of liquidated damages in the amount of$750.00 per day for each day that public parking is not provided. This requirement does not apply during periods when the garage is unavailable for construction, reconstruction or during other activities when public safety may be compromised • Closing expenses for which the City is responsible, including title insurance, are estimated to be $3,000 and will be deducted from the purchase price at closing The property was appraised by James Millspaugh and Associates with the understanding that development rights have been stripped. According to the appraisal report dated August 28, 2014, market value of the property is $425,000. Per City Charter 2.01, real property declared surplus may be sold to the party submitting the highest competitive bid above the appraised value whose bid meets the terms set by the Council and whose proposed use of the property is in accordance with stated purpose for declaring the property surplus. In response to questions, Real Estate Services Coordinator Chuck Lane said the money will go into the parking fund. The public parking spaces will be Page 13 City of Clearwater Council Work Session Meeting Minutes August 17, 2015 located on the first floor. There are no plans for retail. The building will be four stories high with rooftop parking. Mr. Lane said forty spaces from the Sea Captain will be transferred to the parking garage. The extra 100 parking spaces will be public spaces. 7.2 Declare surplus for the purpose of sale, through Invitation to Bid 58-15, real property formerly used as City right-of-way located in Section 16, Township 29 South, Range 16 East whereby the successful bidder will combine the property with adjoining land for meaningful development and use. On February 19, 2015, City Council passed and adopted Ordinance 8682-15 vacating several portions of right-of-way. First Baptist Church of Clearwater, Inc. (a.k.a. Calvary Baptist Church of Clearwater), owner of adjacent lands, requested the vacation. The vacated right-of-way includes a portion of Cherry Lane located just south of Cleveland Street on the west side of McMullen Booth Road; the City is the owner of fee title to this property. The property is approximately 200 ft. by 20 ft. Its size and shape impose limitations on potential land uses. The adjacent land owner has expressed an interest in acquiring the parcel. City staff has evaluated the property and has determined that the fair market value is $8,000. Per City Charter 2.01, real property declared surplus may be sold to the party submitting the highest competitive bid above the appraised value whose bid meets the terms set by the Council and whose proposed use of the property is in accordance with the Council's stated purpose for declaring the property surplus. The property is legally described as follows: A PARCEL OF LAND BEING THAT CERTAIN PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 3308, PAGE 512, THAT CERTAIN PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 3308, PAGE 497 AND A PORTION OF THAT CERTAIN PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 3308, PAGE 503, ALL OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, AND LYING IN THE NORTHWEST 1/4 OF SECTION 16, TOWNSHIP 29 SOUTH, RANGE 16 EAST, PINELLAS COUNTY, FLORIDA AND BEING FURTHER DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SECTION 16, TOWNSHIP 29 SOUTH, RANGE 16 EAST; THENCE S00°37'03"W, ALONG THE WEST LINE OF THE NORTHWEST 1/4 OF SAID SECTION 16, (BEING THE BASIS OF BEARING FOR THIS DESCRIPTION), A DISTANCE OF 1320.95 FEET TO THE SOUTHWEST CORNER OF THE NORTHWEST 1/4 OF SAID Page 14 City of Clearwater Council Work Session Meeting Minutes August 17, 2015 NORTHWEST 1/4 OF SECTION 16; THENCE S89°28'12"E, ALONG THE SOUTH LINE OF SAID NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 16, SAME BEING THE NORTH LINE OF VIRGINIA AVENUE, ACCORDING TO BAY VIEW CITY SUBN, AS RECORDED IN PLAT BOOK 9, PAGE 43, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, A DISTANCE OF 669.08 FEET TO THE SOUTHWEST CORNER OF THE SOUTHEAST 1/4 OF SAID NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 16; THENCE N00°37'20"E, ALONG THE WEST LINE OF SAID SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 16, A DISTANCE OF 110.00 TO THE SOUTHWEST CORNER OF THAT CERTAIN PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 3308, PAGE 512, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA AND TO THE POINT OF BEGINNING; THENCE CONTINUE N00°37'20"E, ALONG SAID WEST LINE OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 16, SAME BEING THE WEST LINE OF SAID CERTAIN PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 3308, PAGE 512, A DISTANCE OF 20.00 FEET TO THE NORTHWEST CORNER OF SAID CERTAIN PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 3308, PAGE 512; THENCE S89°28'12"E, ALONG THE NORTH LINE OF SAID CERTAIN PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 3308, PAGE 512, THAT CERTAIN PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 3308, PAGE 497 AND THAT CERTAIN PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 3308, PAGE 503, ALL OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, RESPECTIVELY, A DISTANCE OF 200.00 FEET TO THE POINT OF INTERSECTION WITH THE EAST LINE OF THE WEST 200.00 FEET OF THE SOUTH 1/2 SAID SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 16; THENCE S00°37'20"W, ALONG SAID EAST LINE OF THE WEST 200.00 FEET OF THE SOUTH 1/2 THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 16, A DISTANCE OF 20.00 FEET TO THE POINT OF INTERSECTION WITH THE SOUTH LINE OF SAID CERTAIN PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 3308, PAGE 503; THENCE N89 028'12"W, ALONG THE SOUTH LINE OF SAID CERTAIN PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 3308, PAGE 503, SAID CERTAIN PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 3308, PAGE 497 AND SAID CERTAIN PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 3308, PAGE 512, RESPECTIVELY, A DISTANCE OF 200.00 FEET TO THE POINT OF BEGINNING. SUBJECT PROPERTY CONTAINING 4,000 SQUARE FEET, MORE OR LESS. Page 15 City of Clearwater Council Work Session Meeting Minutes August 17, 2015 7.3 Approve reallocating the City of Clearwater's Qualified Energy Conservation Bond authority back to the State of Florida and adopt Resolution 15 - 17. On April 23, 2015, the Florida Department of Agriculture and Consumer Services notified the City of Clearwater of the authority to issue $1,110,554 in Qualified Energy Conservation Bonds. A review of the costs associated with issuance of the bonds indicates that other funding options would be in the best interest of the City. Adopting Resolution 15 - 17 reallocates the bonding authority back to the State of Florida for possible use by others. 7.4 Award a Construction Contract to Gator Grading and Paving of Palmetto Florida for the 2015 Street Resurfacing Project (14-0051-EN) in the amount of$2,500,863.85, which is the lowest responsible bid received in accordance with the plans and specification which states work is to be awarded on a unit price basis, and authorize the appropriate officials to execute same. (consent) The City of Clearwater annual street resurfacing program is designed to prevent deterioration of roadway wearing surfaces. The process of resurfacing includes milling a roadway and replacing with an asphalt overlay. This provides a protective coating and maintains the integrity of a roadway's substructure. Resurfacing allows for an improved ride and safer roads for residents and visitors of the City. Streets that are scheduled for resurfacing in this contract were determined using the City's pavement management consultants, citizen requests, and staff observations; all have been determined to warrant their inclusion by virtue of an inspection and prioritization process performed by Engineering staff. Gator Grading and Paving is the lowest responsible bid of the four bids received ranging from $2,502,163.85 to $3,218,739.19. At a minimum, streets that are scheduled for resurfacing primarily consist of three residential neighborhoods generally located in the northwest corridor of the City. The locations are named after the major roadway in each respective area, an overall location map has been provided for reference: Pennsylvania Avenue Area - located North of Eldridge Street, West of Betty Lane, East of Myrtle Avenue, South of Overbrook Avenue. Casler Avenue Area - located near the Airpark, North of Drew Street, West of Hercules Avenue, East of Glenwood Avenue, South of Palmetto Street. Rollen Road Area - located North Overlea Street, West of Highland Avenue, East Betty Lane, South of Sandy Lane. Page 16 City of Clearwater Council Work Session Meeting Minutes August 17, 2015 Additional areas may be added as valid requests are received and sufficient funding is available. APPROPRIATION CODE AND AMOUNT: 0315-92277-563700-541-000-0000 $2,502,163.85 Sufficient funding is available in Capital Improvement Program project 0315-92277, Streets and Sidewalks, in the amount of$2,502,163.85. In response to questions, Engineering Assistant Director Scott Rice said line item 23 on the bid sheet was a deduct for millings retained by the contractor. The unit price for the asphalt was $94.50 for SP 12.5 and $99.90 for SP 9.5. Staff was not aware of any major pothole issues related to the recent rainfall. The City Manager said pothole repairs are budgeted, any issues would be addressed as needed. Staff was directed to provide information on the status of Seminole Street. 7.5 Approve Purchase Order and Legal Services Agreement between the City of Clearwater and Baker and Hostetler LLP, to serve as legal counsel on Environmental matters for a five-year period, in the amount of$250,000.00 and authorize the appropriate officials to execute same. (consent) Environmental Engineering has engaged Baker and Hostetler LLP to serve as legal counsel for addressing the environmental conditions at various city properties. This is for the purpose of satisfying FDEP (Florida Department of Environmental Protection) and EPA (Environmental Protection Agency) regulations to ultimately achieve regulatory closure or compliance of affected city properties or permits. APPROPRIATION CODE AND AMOUNT: 0419-01365-530100-539-000-0000 $250,000 Funds are available in cost code 0419-01365-530100, Stormwater Professional Services, to fund $50,000 in Fiscal Year (FY) 2015 and will be included in budgets FY2016 through FY2019 at$50,000 each year to fund this agreement. 7.6 Approve Supplemental Work Order Seven to Reuben Clarson Consulting in the amount of$50,000.00 for continuation of design and inspection services of citywide Seawall Replacements, and authorize the appropriate officials to execute same. (consent) Page 17 City of Clearwater Council Work Session Meeting Minutes August 17, 2015 The Engineering Department is currently in year three of the Citywide Owned Seawall Project. The first phase of this effort was inspection, Ruben Clarson Consulting has inspected most city-owned Seawalls to date and is currently designing repairs and providing construction oversight. Supplemental work order six will provide those services primarily for Island Estates, Sand Key and Clearwater Beach seawalls and bridge abutments. January 3, 2012, Professional Services purchase order was approved to Reuben Clarson Consulting in the amount of$15,504. Supplement worker orders were approved as follows: One for$11,660 on November 30, 2012; two for $13,398 on April 15, 2013; three for$14,850 on June 13, 2013; four for $13,550 on November 25, 2013; five for $11,000 on December 30, 2014; and six for$19,150 on May 20, 2015 for total funding in the amount of$99,112.00. Supplemental Work Order Seven increases the value to $149,112. APPROPRIATION CODE AND AMOUNT: 0315-93412-561300-539-000-0000 $50,000 Funds are available in Capital Improvement Program project 0315-93412, City-wide Seawall Replacement, to fund this work order. 7.7 Approve a Work Order to Engineer of Record (EOR) Jones Edmunds and Associates, Inc. for Engineering Services at Northeast Water Reclamation Facility (WRF) Blend Tank Improvements (14-0036-UT) in the amount of$159,500.00, and authorize the appropriate officials to execute same. (consent) In 2011, the City requested that FOR Jones Edmunds evaluate the City's biosolids facilities and prepare a Northeast WRF Anaerobic Digester and Biosolids Management Evaluation Report. The Report recommended improvements to the sludge handling and storage facilities at the Northeast WRF. The requested $159,500.00 authorization under this Work Order is for professional engineering services including design, permitting, and bidding of the Northeast WRF Blend Tank Improvements. The existing Sludge Storage and Blending Tanks, constructed in the late 1980s, are in need of structural and mechanical improvements. Pumping and Piping improvements are also needed to convert one of the blend tanks to a sludge storage tank to improve plant performance. Scope of services includes design to upgrade the truck off-loading sludge pump station, refurbish/upgrade the two sludge storage and blending tanks, install new Sludge Transfer Pumps, and new Dewatering Feed Pumps. Design also includes electrical and mechanical upgrades to the sludge pumping and storage system. Page 18 City of Clearwater Council Work Session Meeting Minutes August 17, 2015 Northeast WRF is located at 3290 State Road 580 Safety Harbor, Florida. APPROPRIATION CODE AND AMOUNT: 0315-96611-561300-535-000-0000 $159,500 Funds are available in capital improvement program project 315-96611, Bio Solids Treatment, to fund this work order. 7.8 Increase the residential and commercial Stormwater Utility rate by 1.25% to $14.33 per Equivalent Residential Unit (ERU) beginning October 1, 2015; to $14.51 per ERU beginning October 1, 2016; to $14.69 per ERU beginning October 1, 2017; to $14.87 per ERU beginning October 1, 2018; to $15.06 per ERU beginning October 1, 2019; and pass Ordinance 8765-15 on first reading. The City's rate study consultant, Burton and Associates, recently completed a Stormwater Revenue Sufficiency Analysis. The study indicated that, due to current capital and operating cost projections, the previously adopted rate increases of 2.75% scheduled for October 1, 2015 and October 1, 2016 can be revised downward to 1.25% increases, with additional 1.25% rate increases needed for the following three years. The recommended rates are as follows: • Fiscal Year 2016, effective 10/01/2015 $14.33 • Fiscal Year 2017, effective 10/01/2016 $14.51 • Fiscal Year 2018, effective 10/01/2017 $14.69 • Fiscal Year 2019, effective 10/01/2018 $14.87 • Fiscal Year 2020, effective 10/01/2019 $15.06 Since the 2012 rate increases were passed, several significant flood control and water quality projects have been completed or are underway at the following locations: Tropic Hills, Hillcrest Avenue, South Gulfview Blvd, Myrtle Avenue/Seminole Street , Mandalay Avenue, Jeffords Street, Smallwood Circle, Woodlawn Terrace, Mango Street and the East Gateway. In response to a question, Burton and Associates representative Mike Burton said if there were 0% increases in the first three years and a 3% increase in the fourth year, more borrowing will be required in the out years. The Council recessed from 2:57 p.m. to 3:03 p.m. 8. Planning Page 19 City of Clearwater Council Work Session Meeting Minutes August 17, 2015 8.1 Approve the annexation, initial Future Land Use Map designation of Residential Low (RL) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 2101 and 2155 Burnice Drive; and pass Ordinances 8753-15, 8754-15 and 8755-15 on first reading. (ANX2015-06017) This voluntary annexation petition involves two parcels of land totaling 0.554 acres. The parcels are occupied by single-family dwellings and are located generally south of Druid Road, west of South Belcher Road, east of South Hercules Avenue, and north of Lakeview Road. The applicants are requesting annexation in order to receive solid waste service from the City, and will be connected to City sewer as part of the Belcher Area Sanitary Sewer Extension Project Area. The properties are contiguous to existing City limits along at least one property boundary. It is proposed that the properties be assigned a Future Land Use Map designation of Residential Low (RL) and the zoning category of Low Medium Density Residential (LMDR). The Planning and Development Department determined that the proposed annexations are consistent with the provisions of Clearwater Community Development Code Section 4-604.E as follows: • The properties currently receive water service from Pinellas County. Collection of solid waste will be provided to the properties by the City. The applicants have paid the sewer impact fee in full, and will be connected to the City sewer system once it is made available. The properties are located within Police District II and service will be administered through the district headquarters located at 645 Pierce Street. Fire and emergency medical services will be provided to the properties by Station 47 located at 1460 Lakeview Road. The City has adequate capacity to serve the properties with sanitary sewer, solid waste, police, fire and EMS service. The properties will continue to receive water from Pinellas County. The proposed annexations will not have an adverse effect on public facilities and their levels of service; and • The proposed annexations are consistent with and promote the following objectives and policy of the Clearwater Comprehensive Plan: Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Objective A.7.2 Diversify and expand the City's tax base through the Page 20 City of Clearwater Council Work Session Meeting Minutes August 17, 2015 annexation of a variety of land uses located within the Clearwater Planning Area. Policy A.7.2.3 Continue to process voluntary annexations for single-family residential properties upon request. • The proposed Residential Low (RL) Future Land Use Map category is consistent with the current Countywide Plan designation of the properties. The Residential Low (RL) designation primarily permits residential uses at a density of 5 units per acre. The proposed zoning district to be assigned to the properties is the Low Medium Density Residential (LMDR) District. The uses of the subject properties are consistent with the uses allowed in the Low Medium Density Residential (LMDR) District and the properties exceed the District's minimum dimensional requirements. The proposed annexations are therefore consistent with the Countywide Plan and the City's Comprehensive Plan and Community Development Code; and • The properties proposed for annexation are contiguous to existing City limits along at least one property boundary; therefore, the annexations are consistent with Florida Statutes Chapter 171.044. 8.2 Approve the annexation, initial Future Land Use Map designation of Residential Urban (RU) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1219 Aloha Lane, 1245 Palm Street and 1223 Union Street, together with certain abutting right-of-way of Union Street; and pass Ordinances 8750-15, 8751-15 and 8752-15 on first reading. (ANX2015-06016) This voluntary annexation petition involves three parcels of land totaling 0.599 acres. All parcels are occupied by single-family dwellings. The three lots are located south of Union Street, east of Douglas Avenue, north of Sunset Point Road (SR 576), and west of Kings Highway. The applicants are requesting annexation in order to receive solid waste service from the City and to connect to City sewer as part of the City's Idlewild/The Mall Septic-to-Sewer Project. The Development Review Committee is proposing that the 0.041-acres of abutting Union Street right-of-way not currently within the City limits also be annexed. The properties are contiguous to existing City boundaries along at least one property boundary. It is proposed that the properties be assigned a Future Land Use Map designation of Residential Urban (RU) and a zoning category of Low Medium Density Residential (LMDR). The Planning and Development Department determined that the proposed annexations are consistent with the provisions of Clearwater Community Page 21 City of Clearwater Council Work Session Meeting Minutes August 17, 2015 Development Code Section 4-604.E as follows: • The properties currently receive water service from the City. Collection of solid waste will be provided to the properties by the City. All of the applicants have paid the required sewer impact fee in full. The properties located at 1245 Palm Street and 1223 Union Street are already connected to the City sewer system and 1219 Aloha Lane will be connected by the contractor soon. The properties are located within Police District II and service will be administered through the district headquarters located at 645 Pierce Street. Fire and emergency medical services will be provided to these properties by Station 51 located at 1720 Overbrook Avenue. The City has adequate capacity to serve these properties with sanitary sewer, solid waste, police, fire and EMS service. The proposed annexations will not have an adverse effect on public facilities and their levels of service; and • The proposed annexations are consistent with and promote the following objectives and policy of the Clearwater Comprehensive Plan: Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Objective A.7.2 Diversify and expand the City's tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. Policy A.7.2.3 Continue to process voluntary annexations for single-family residential properties upon request. • The proposed Residential Urban (RU) Future Land Use Map category is consistent with the current Countywide Plan designation of these properties. This designation primarily permits residential uses at a density of 7.5 units per acre. The proposed zoning district to be assigned to the properties is the Low Medium Density Residential (LMDR) District. The uses of the subject properties are consistent with the uses allowed in the District and the properties exceed the District's minimum dimensional requirements. The proposed annexations are therefore consistent with the Countywide Plan and the City's Comprehensive Plan and Community Development Code; and • The properties proposed for annexation are contiguous to existing City limits along at least one property boundary; therefore, the annexations are consistent with Florida Statutes Chapter 171.044. 8.3 Approve the first amended and restated Development Agreement between PV-Pelican Walk LLC (the property owner) and the City of Clearwater for the property located at Page 22 City of Clearwater Council Work Session Meeting Minutes August 17, 2015 483 Mandalay Avenue; approve the first amendment to the Purchase Agreement between PV-Pelican Walk LLC and the City of Clearwater, and pass Resolution 15-16. (DVA2014-06001A) The 1.68-acre subject property is located on the west side of Poinsettia Avenue approximately 65 feet south of Baymont Street with 350 feet of frontage along Poinsettia Avenue. The property consists of two parcels. The western parcel is 0.74 acres and consists of the two-story Pelican Walk shopping center, which has 39,580 square feet of commercial floor area. The eastern parcel is 0.94 acres and consists of a surface parking lot that supports the shopping center. The City Council, at their meeting on August 20, 2014, approved a Development Agreement between PV-Pelican Walk, LLC (Paradise) and the City of Clearwater, to allow for a parking garage with 642 parking spaces. The proposed First Amended and Restated Development Agreement would completely replace and supersede the Development Agreement dated August 26, 2014. While there has been no substantial change to the approved building design, a reengineering of the interior of the garage has eliminated the cantilever design and provided for an additional 60 off-street parking spaces. The interior columns that would have supported the cantilever design were moved to the outside wall of the parking garage where it connects to the existing Pelican Walk shopping center. Overall, the form of the building has remained the same. The substantive changes to the original Development Agreement are as follows: 1. The number of parking spaces contained in the garage is increasing from 642 to 702. This does not result in any substantial change to the approved design of the building or site plan; 2. Amends the Commencement Date from September 1, 2015 in Section 1.01(6) to an uncertain month in 2015. It is the intent of the Developer to commence construction as early as August 2015; 3. Amends Section 2.03(2) Scope of Project from the condominium units in the original Development Agreement being designated as Unit 1 (existing Pelican Walk Plaza retail); Unit 2 (new approximately 11,000 square feet of retail fronting Poinsettia St.); Unit 3 (Developer's first 89 parking spaces starting on the ground floor); Unit 4 (the City's 450 spaces); and Unit 5 (the top floor consisting of 103 Developer owned spaces); to Section 2.03(2) Scope of Project which refers to the configuration of the condominium units as follows: RU-1 (existing Pelican Walk Plaza retail); RU-2 (approximately 12,000 square feet of Page 23 City of Clearwater Council Work Session Meeting Minutes August 17, 2015 retail fronting Poinsettia Ave.); PU-G (28 developer owned spaces on the ground floor); PU-1 (114 developer owned spaces on the first and second floors); PU-2 (the City's 450 spaces starting on the second floor); and PU-3 (110 spaces owned by the Developer on the top floor). This change reflects the additional 60 spaces and also is consistent with the terminology used in the condominium documents which are being drafted contemporaneously with the consideration of the First Amended and Restated Development Agreement; 4. Amends Section 2.03(2) Scope of Project to clarify that the Developer's parking spaces may be apportioned as leased parking, hourly parking, or both as the Council agenda item approving the original Development Agreement stated; 5. Amends Section 2.03(3) to add a conceptual parking management plan as Exhibit"H" to the Development Agreement. The conceptual parking management plan is intended to be a guide for the parties in negotiating a mutually agreeable parking management plan for the entire garage as a condition of the City closing on its purchase of PU-2; 6. Amends Section 6.01, Acquisition of Condominium Unit Four to Section 6.01 Acquisition of PU-2, to give the City an option to purchase up to 60 of the additional spaces being added to the garage at the same per space purchase price that it is purchasing PU-2. This option expires on September 4, 2015. The City's original option to purchase additional spaces expired in August 2014; 7. Section 6.04, Public Parking Reconciliation which detailed the City's obligation to pay the Developer for operating PU-2 prior to closing in the event PU-2 does not generate sufficient revenue has been removed from the document; and 8. Section 10.01(5) is added to provide that the City will not require RU-2 to have any additional parking so long as it maintains 100% retail and/or restaurant use in Article 10. Representations, Warranties and Covenants of the City. Changes to Development Agreements: Pursuant to Section 4-606.1., Community Development Code (CDC), a Development Agreement may be amended by mutual consent of the parties, provided the notice and public hearing requirements of Section 4-206, CDC, 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 Page 24 City of Clearwater Council Work Session Meeting Minutes August 17, 2015 Agreement. The Community Development Board continued this development agreement from its July 7, 2015 meeting to its meeting in August. The board will review this First Amendment and Restated Development Agreement at its public hearing on August 18, 2015, and the Planning and Development Department will report its recommendation. In response to questions, Assistant City Manager Rod Irwin said the Applicant is committed to providing security in the garage. The Applicant is coordinating with the Police Department to ensure the call boxes communicate with the Communications Center and the Department has direct access to the video. Engineering Director Mike Quillen said the issue of future utility undergrounding has not been resolved. It appears that there is sufficient room to arrange the meters in a box and place the switchgear facility there. A full design will be needed in order for Duke Energy to determine where the switchbox can be located. The City Attorney said Council has not directed staff to move forward with the undergrounding matter. The City Attorney said the marked-up version of the development agreement and the purchase agreement will be provided to Council before the council meeting. The condo documents have been in the drafting stage and where the management of the parking, the security, and other issues have remained unresolved. If these matters are not resolved to the City's satisfaction by closing, the deal does not close. Issue regarding the voting by the condo association and the parking committee has been resolved. There are no restrictions placed on the parking spaces owned by the City. The bottom 28 parking spaces are owned by the Developer and may be used for compatible uses, such as bicycle racks. The City will set a parking rate for city-owned spaces and the Developer will set a parking rate for their parking spaces. In response to questions, Mr. Irwin said the garage will be equipped with license plate recognition technology which will register the vehicle as it enters the garage and the final parking destination (city-owned or developer-owned). Dynamic pricing, spot availability via a mobile app, and progressive management system are being considered. Mr. Quillen said the stairwells will not be enclosed and the elevators will be glass specced. Staff anticipates that the park mobile app will be utilized on city-owned spaces. A current pro-forma was requested. Page 25 City of Clearwater Council Work Session Meeting Minutes August 17, 2015 8.4 Approve the first amendment to a Development Agreement between Alanik Properties; Anco Holdings, LLC; 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; adopt Resolution 15-19, and authorize the appropriate officials to execute same. (HDA2015-06001) Development Proposal: No changes have been made to the Development Proposal presented at the August 6, 2015 council meeting. 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 approved by City Council on September 18, 2014 as part of a Level III Development Agreement (HDA2014-06004/Resolution 14-29) resulting in a total of 227 units (114 units per acre). The proposal, in short, 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 and a list of differences between the approved plan set and this submitted set is impractical. 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. Consistency with the Community Development Code: No changes have been made to the Conceptual Site Plan presented at the August 6, 2015 council meeting. The Conceptual Site Plan continues to appear to be consistent with the Community Development Code (CDC) with regard to: • Minimum Lot Area and Width • Minimum Setbacks • Maximum Height • Minimum Off-Street Parking • Landscaping Consistency with Beach by Design: No changes have been made to the Conceptual Site Plan presented at the Page 26 City of Clearwater Council Work Session Meeting Minutes August 17, 2015 August 6, 2015 council meeting. The Conceptual Site Plan continues to appear to be consistent with the Beach by Design with regard to: • Design Guidelines • Hotel Density Reserve Standards for Development Agreements: The proposal is in compliance with the standards for development agreements, is consistent with the Comprehensive Plan and furthers the vision of beach redevelopment set forth in Beach by Design. The proposed 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 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 CDC Section 4-407; • Requires the return of any hotel unit obtained from the Hotel Density Reserve that is not constructed; • For units allocated from the Hotel Density Reserve, prohibits the conversion of any hotel unit to a residential use and requires the recording of a covenant restricting use of such hotel units to overnight accommodation usage; and • Requires a legally enforceable mandatory evacuation/closure covenant that the hotel will be closed as soon as practicable after a hurricane watch that includes Clearwater Beach is posted by the National Hurricane Center. Changes to Development Agreements: Pursuant to Section 4-606.1., CDC, a Development Agreement may be amended by mutual consent of the parties, provided the notice and public hearing requirements of Section 4-206 are followed. Revisions to conceptual site plans and/or architectural elevations attached as exhibits to this Development Agreement shall be governed by the provisions of Section 4-406, CDC. Minor revisions to such plans may be approved by the Community Development Coordinator. Other revisions not specified as minor shall require an amendment to this Development Agreement. The Planning and Development Department is recommending approval of this first amendment to an existing Development Agreement for the allocation of up to 100 units from the Hotel Density Reserve under Beach by Design. 9. City Auditor Page 27 City of Clearwater Council Work Session Meeting Minutes August 17, 2015 9.1 Approve agreement for professional external audit services for five fiscal years ending September 30, 2015 through 2019, with the accounting/auditing firm of Cherry Bekaert LLP, for a not-to-exceed amount of$686,400, and authorize the appropriate officials to execute same. (consent) The City employed the accounting/auditing firm of Kirkland, Russ, Murphy and Tapp, subsequently acquired by Mayer Hoffman McCann P.C., for external auditing services for the five fiscal years ending September 30, 2010 through 2014. Per City Charter, Article II, Section 2.01(c)(3), the City cannot employ an external audit firm for more than five consecutive years. The City solicited proposals for external auditing services from qualified firms per Request for Proposal 47-15 issued May 14, 2015. Five firms submitted proposals that were ranked by the City's Audit Committee comprised of: Councilmember Bill Jonson; citizen appointee, Herb McLachlan; and three City staff members: Martin Moran, Fire Administrative Support Manager; Mary Beth Setter, Finance Accounting Manager; and Robin Gomez, City Auditor. The committee completed a preliminary ranking of the proposals and three firms were chosen as finalists for oral presentations and interviews: Carr, Riggs and Ingram, LLC; Cherry Bekaert LLP; and CliftonLarsenAllen LLP. Per the RFP guidelines, the committee weighed and combined the rankings of proposals, reference checks, and oral interviews to arrive at a composite ranking for each firm. Cherry Bekaert LLP emerged as the top ranked firm. The proposed contract includes a fixed fee of$117,500, for the fiscal year 2015 audit, representing an 8% decrease from the fiscal year 2014 audit fee of $128,400. For fiscal years 2016 through 2019, Audit fees will increase 3% annually to a total of$132,300 in fiscal year 2019, the fifth and final year. A 10% contingency is also included in the funding request to fund expenses related to any significant changes in the scope of the audit due to new governmental accounting and auditing standards/practices, federal grants, or other. APPROPRIATION CODE AND AMOUNT: Budgeted funds for this agreement are available in the Finance, Professional Services expense code: 0010-09821-530100-513-000-0000. 10. Marine & Aviation 10.1 Establish the budget for the Sailing Center Upgrades and Improvements Capital Improvement Program, project 0315-93424, approve a transfer from General Fund Reserves in the amount of$75,000, and authorize the appropriate officials to execute same. (consent) Page 28 City of Clearwater Council Work Session Meeting Minutes August 17, 2015 The Clearwater Community Sailing Center has grown from 39 members in 1998 to 275 to 300 in any given current year. The summer camp youth sailing programs attracts on average 400 youth sailors and paddlers per summer sailing camp season. Since the management provided under contract with the Clearwater Community Sailing Association, Inc. a State of Florida 501 c (3), the sailing center has continued to grow in program offerings, members and vessels available for rental, youth training, regattas and a fleet of Paralympic Class sailing vessels. The Clearwater Community Sailing Association has received national recognition for its programs supporting people of all abilities. They have earned the designation as a US Sailing Association Certified Paralympic Training Facility. This status required an investment of roughly $180,000.00 necessary to procure 9 specific sailboats, with the Sailing Center raising over 177,000.00 themselves. They have purchased and have in service two 18-foot SKUDs a 2-person racing dinghy, three 2.4-meter vessels along with four additional 13-foot Laser Radial class sailboats used by local Olympic class sailors. The funds they raised purchased the vessels, trailers, seats, sails and dollies necessary to support training and racing programs for each vessel. The Clearwater Community Sailing Center is requesting support to upgrade the existing dock system, shore side storage and Man Rated ADA compliant lifts to get paraplegic and quadriplegic sailors from their wheelchairs into the boats and back out safely and quickly. The existing 10 ft. by 32 ft. floating dock with one man rated lift is no longer sufficient to safely run multi vessel programs and clinics at the Paralympic Level. A larger more stable platform is needed. No other modifications are necessary other than replacing the dock with a wider more stable dock for increasing the number of sailors that can get on and off the water at the same time. The docks will provide an additional margin of safety with the increased stability for the ongoing Sailability Program, an introduction to sailing, and the increasingly popular Pirate Camp, now in its 4th year, are at capacity. Staff must be careful not to overload the current floating dock specifically designed and outfitted for all to use safely but in limited numbers. The new dock will double launching and retrieval abilities safely and quickly. Clearwater Community Sailing Center is renowned for its service to persons of all ages and abilities and is well suited to support paraplegic and quadriplegic persons and/or supporting staff or family. The existing floating dock and lifts are simply not large enough in size (the dock) or number (the lifts) to continue to grow the program and support the membership and increasing number of international events and training seminars they host. Page 29 City of Clearwater Council Work Session Meeting Minutes August 17, 2015 The funding for this project is needed to procure and install: a 20 ft. by 30 ft. Floating dock to support increased Paralympic training a 20 ft. by 50 ft. concrete pad with covered storage racks above the slab for existing vessels 4 new Pelsue man-rated ADA compliant manual hoists to lift sailors in and out of various sailboats The replacement floating dock, storage racks and personnel lifts are to support a growing number of active sailors in our Paralympic training program as well as support the Center's ongoing Veteran Alternative Therapy Programs and Sailability program that put Clearwater on the US Sailing Map. They will also provide ongoing support of the Center's traditional community sailing and paddling programs for persons of all abilities and future summer camp programs starting in 2016. APPROPRIATION CODE AND AMOUNT: A third quarter budget amendment will establish capital improvement project 315-93424, Sailing Center Upgrade and Improvements, recognizing a transfer from General Fund reserves in the amount of$75,000 to fund this project. USE OF RESERVE FUNDS: Funding for this project will be provided by a third quarter budget amendment allocating General Fund reserves in the amount of$75,000 to capital improvement project 93424, Sailing Center Upgrade and Improvements. A net total of$3,029,615 of 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 $20.7 million, or 17.7% of the current General Fund operating budget. 11. Solid Waste 11.1Approve an annual blanket purchase order (contract) and two one-year renewal terms at the City's option (Invitation to Bid 44-15) with Recycling Perks LLC of Norfolk, VA in the initial annual amount of$158,736 for a recycling incentive program, as provided in the Clearwater Code of Ordinances, Section 2.561, and authorize the appropriate officials to execute same. (consent) The City of Clearwater's Solid Waste Department implemented a single stream recycling program in September of 2013. The City provides to the approximately 28,000 residential households, at no additional charge, either a 64 or 95 gallon blue recycling receptacle for the curbside single stream recycling service. To ensure the ongoing success of the single stream Page 30 City of Clearwater Council Work Session Meeting Minutes August 17, 2015 recycling program, the City wishes to incentivize residential recycling and to establish an outreach to our customers to better inform them about our recycling and solid waste services. During May 2015, the Purchasing Department advertised an Invitation to Bid 44-15 for a recycling incentive program. Three qualified bidders responded to the bid and staff chose Recycling Perks as the best qualified bidder. Staff is requesting that a blanket purchase order be awarded to Recycling Perks LLC for the administration of a recycling incentive program. APPROPRIATION CODE AND AMOUNT: Funding for this contract is available in the operating funds of the solid waste and recycling programs under Advertising: 424-02082-543100-534 Solid Waste-Residential-Advertising 426-02041-543100-534 Recycling-Residential-Advertising In response to questions, Solid Waste/General Services Director Earl Gloster said single-family residences must place the recycling barrel curbside every week in order to receive the incentive. Solid Waste/General Services Assistant Director John Pittman said participating individuals may go online to print applicable coupons or request to receive them in the mail. Mr. Gloster said the City's single-stream recycling is processed by Waste Management in Tampa. 12. Official Records and Legislative Services 12.1 Reschedule October 1, 2015 Council Meeting to Wednesday, September 30, 2015. This year's Taste of Clearwater will be held on Thursday, October 1, 2015. Staff is requesting that Council move the October 1 council meeting to Wednesday, September 30. There was consensus to start the October 1 council meeting at 7:00 p.m. Staff was directed to place the item on the Consent Agenda. 12.2Appoint seven members to the Public Nuisance Abatement Board with terms to expire August 31, 2019. Discussion deferred to Thursday, August 20. Page 31 City of Clearwater Council Work Session Meeting Minutes August 17, 2015 13. City Manager Verbal Reports — None. 14. City Attorney Verbal Reports 14.1Approve an Extension and Clarification Agreement between the City of Clearwater (City) and Redflex Traffic Systems, Inc. (Redflex), to extend the current Agreement for a two-year period, until October 30, 2017 and authorize the appropriate officials to execute same. (consent) Redflex and the City entered into the EXCLUSIVE AGREEMENT BETWEEN THE CITY OF CLEARWATER, FLORIDA AND REDFLEX TRAFFIC SYSTEMS, INC. FOR TRAFFIC CAMERA SAFETY IMPROVEMENT PROGRAM on November 22, 2011 (the "Redflex Exclusive Agreement"), for the operation of two approaches at the intersection of Gulf to Bay Blvd. and Belcher Road and one approach at the intersection of South Fort Harrison Avenue and Chestnut Street. Since July of 2012, the Clearwater Police Department has operated a Traffic Safety Improvement Program that has utilized red-light-camera technology to improve traffic safety. The Redflex Exclusive Agreement contained two 2-year extensions, which automatically renewed unless the City provided notification of its intent not to renew. The current contractual relationship with Redflex was scheduled to automatically renew for the first 2-year extension on July 31, 2015. The parties, however, agreed to extend the Redflex Exclusive Agreement for 90 days so that the parties could renegotiate the terms of the first 2-year extension, while providing the City of Clearwater with the option of sending its written notice on or before September 15, 2015, of its intent not to renew. The Extension and Clarification Agreement between the City and Redflex eliminates any conceivable attack that the City's red-light-camera program delegates to Redflex too much discretion whether a violation occurred and thus violates Florida law. Such an argument had been successfully made against the red-light-camera program of the City of Hollywood, Florida, when the Florida Fourth District Court of Appeal issued its opinion on October 15, 2014, in City of Hollywood v. Arem. At no point in the process from data collection at each approach where a red-light camera is located, to the issuance of a Notice of Violation, or to the issuance of a Uniform Traffic Citation will an employee of Redflex make any decision whether a violation has occurred; any review by an employee of Redflex of the data collected at each approach will be for the purpose of Page 32 City of Clearwater Council Work Session Meeting Minutes August 17, 2015 entering all relevant Florida Department of Highway Safety and Motor Vehicles' registration information into the Redflex System of the vehicular tag captured on the red-light camera. Additionally, Redflex will be expending additional money to install a radar mapping system at the east-bound approach located at the intersection of Chestnut Street and South Ft. Harrison Avenue and at the east-bound approach located at the intersection of Gulf to Bay Blvd. and Belcher Road; because of space limitations at the west-bound approach located at the intersection of Gulf to Bay Blvd. and Belcher Road, Redflex is unable to install radar detection at that approach. The radar mapping system will replace the road sensors currently located at those two approaches and will eliminate the downtime and road closures that occur when road sensors need to be repaired. The Extension and Clarification Agreement will obligate the City to reimburse Redflex for an amount not to exceed $25,000 related to the expenses incurred with the construction and installation of the mapping radar at the designated Intersection approaches if the City terminates the Agreement without cause. Within thirty (30) days of completion of construction of the mapping radar, Redflex will provide to the City the actual cost of construction and installation; costs will be amortized on a twenty-four (24) month schedule starting on the effective date of the Extension and Clarification Agreement. If the Florida Legislature enacts legislation repealing the statutory authorization for the City to operate a red-light-camera program, then the Extension and Clarification Agreement will automatically terminate upon the effective date of the legislation; and the City will not be obligated to pay the unamortized costs of the mapping radar, but will be obligated only to pay the amount owed to Redflex pursuant to EXHIBIT "D" of the Redflex Exclusive Agreement for services provided up to the effective date of the legislation. The police department and legal department recommend approval. There is no additional cost involved with the Redflex Extension and Clarification Agreement; however, the City will continue to reimburse Redflex the cost agreed upon in the Initial Agreement. Funds are available in the Police Department's cost code 010-01139-530300-521, Contractual Services, to fund this contract extension. APPROPRIATION CODE AND AMOUNT: There is no additional cost involved with the Redflex Extension and Clarification Agreement; however, the City will continue to reimburse Redflex the cost agreed upon in the Initial Agreement. Funds are available in the Police Department's cost code 010-01139-530300-521, Contractual Services, to fund this contract extension. Page 33 City of Clearwater Council Work Session Meeting Minutes August 17, 2015 In response to questions, Assistant City Attorney Rob Surette said the program is not being enlarged, the program will continue monitoring the 2 existing approaches on Gulf to Bay Boulevard and Chestnut Street. If the Florida Legislature disallows red light cameras, the City will owe Redflex $4,270 per approach per month until the legislation becomes inactive. Police Chief Dan Slaughter said the City would not be obligated to Redflex when the legislation becomes inactive. There were several months in the Fall of 2014 when the red light citations were extremely low, the anomaly has leveled off and consistent with the citations in the Summer of 2014. Chief Slaughter said there is value to the program as it provides the safest way for officers to enforce the issue. Staff was directed to take the item off the Consent Agenda. 15. Council Discussion Item 15.113P Settlement Funding Discussion ensued with suggestions made that Council wait to until the budget process is completed before discussing usage of the BP settlement funding. In response to a question, Assistant City Manager Jill Silverboard said the funds have been deposited into General Fund Reserves. There was no consensus to take further action. 16. 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). — None. 17. Closing Comments by Mayor — None. 18. Adjourn Page 34 City of Clearwater Council Work Session Meeting Minutes August 17, 2015 The meeting adjourned at 4:02 p.m. Page 35 City of Clearwater