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05/17/2021 Council Work Session Meeting Minutes May 17, 2021 City of Clearwater Main Library- Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 m ap ® e Meeting Minutes Monday, May 17, 2021 9:00 AM Main Library - Council Chambers Council Work Session Page 1 City of Clearwater Council Work Session Meeting Minutes May 17, 2021 Roll Call Present: 5 - Mayor Frank Hibbard, Vice Mayor Hoyt Hamilton, Councilmember David Allbritton, Councilmember Mark Bunker and Councilmember Kathleen Beckman Also Present: William B. Horne — City Manager, Micah Maxwell —Assistant City Manager, Michael Delk—Assistant City Manager, Pamela K. Akin - City Attorney, Rosemarie Call — City Clerk, and Nicole Sprague — Deputy City Clerk. To provide continuity for research, items are listed in agenda order although not necessarily discussed in that order. 1. Call to Order - Mayor Hibbard The meeting was called to order at 9:36 a.m. 2. Presentations — Given. 2. 1 PSTA Water Ferry - Cassandra Borchers, Chief Development Officer Ms. Borchers provided a PowerPoint presentation. In response to questions, Ms. Borchers said the multi modal center is a top priority for staff, working diligently on the federal funding application. The federal grant requires a local 20% match. 3. City Manager 3.1 Approve an Interlocal Agreement with Pinellas County to increase the Local Option Fuel Tax by $0.05. (consent) Pinellas County is asking for approval of an Interlocal Agreement regarding an increase in Local Option Fuel Tax (LOFT) by $0.01-$0.05, with $0.05 bringing Pinellas County to the current state cap for LOFT. This agreement does not implement or support a tax increase, it simply details how the revenue will be distributed should the BOCC implement the LOFT increase. Should the interlocal be approved, the BOCC will then discuss if they will implement the additional LOFT and to what level. Page 2 City of Clearwater Council Work Session Meeting Minutes May 17, 2021 The proposed distribution is the same formula as the existing $0.07 LOFT renewed in 2015: Pinellas County will receive 60%, with the incorporated municipalities splitting the remaining 40% based on population. St. Petersburg would get the largest share amongst the municipalities (15.33%), while Clearwater would get the second largest share (6.69%). The county portion of the funding will fund the County's Transportation Trust Fund, which is projected to be exhausted in Fiscal Year 2022, and expenditure of both city and county distributions are limited by statute to capital improvements to transportation facilities. 4. Gas System 4.1 Accept a Gas Utility Easement from NRF Pinewood, LLC, for the construction, installation, and maintenance of gas utility facilities on real property located at 3860 Tampa Road, Oldsmar FL and adopt Resolution 21-13. NRF Pinewood, LLC (Grantor) has granted a non-exclusive five-foot wide natural gas easement, on property located at 3860 Tampa Rd, Oldsmar (Parcel ID# 23-28-16-74402-001-0010) for the installation of a natural gas distribution line. This main line will serve a commercial restaurant (Juan's Mexican Restaurant). The easement grant is sufficient for the City to maintain and replace its facilities as necessary in perpetuity, or until such time as the City determines to abandon its use. 4.2 Authorize a purchase order to General Utility Pipe and Supply of Trussville, AL in an annual not-to-exceed amount of$1,800,000.00 for the initial term of May 21, 2021 through May 20, 2022, with two one-year renewal options pursuant to Invitation to Bid No. 19-21, Polyethylene Pipe/Fittings and Steel Pipe/Fittings and authorize the appropriate officials to execute same. (consent) Procurement issued Invitation to Bid (ITB) No. 19-21, Polyethylene Pipe/Fittings & Steel Pipe/Fittings, on behalf the Clearwater Gas System (CGS). The City received three bids, with one being withdrawn at the request of the vendor due to the nature and volume of the raw material increases. Upon review of the two responsive submittals, both Procurement and CGS recommend awarding Page 3 City of Clearwater Council Work Session Meeting Minutes May 17, 2021 this bid to General Utility Pipe and Supply, the lowest responsive and responsible bidder for all Groups, excluding Group 9- Stab Fittings 3408 RESIN, which did not meet bid specifications. Due to the volatility of the polyethylene and steel markets, fluctuating prices, supply, and demand issues and to ensure the availability of these essential commodities at the lowest price, CGS is requesting flexibility to order unavailable items from the open market, if necessary. The pipe and fittings will be used for the installation of gas distribution mains, service lines and repair/maintenance work to serve our customers. APPROPRIATION CODE AND AMOUNT: Funding is available in Pinellas New Mains and Services 315-96377 and Pasco New Mains and Services 315-96378 in the Clearwater Gas System Budget. 5. Police Department 5.1 Authorize an increase to purchase order number 21000409 to Signal 15 Inc. of Largo, FL, for the purchase of ballistic vests and vest carriers in an amount of$35,000, bringing the total not-to-exceed annual amount to $135,000, through September 30, 2021 and authorize the appropriate officials to execute same. (consent) In December 2020, the Clearwater Police Department (CPD) requested a purchase order in the amount of$50,000 for the purchase of ballistic vests, piggybacking off the State of Florida contract 46151504-NASPO-17-ACS which expired in March 2021. In February 2021, an increase of$50,000 was approved by the City Manager, bringing the total amount to $100,000. This additional purchase was a result of the implementation of external vest carriers because of the Body Worn Camera program. Since the vests were custom modified by Signal 15 Inc., the vest carriers were sole sourced through them. Authorization is now requested to increase the purchase order by $35,000 for additional ballistic vests and vest carriers, which may be required for new employees, for a total annual not-to-exceed amount of$135,000. Ballistic Vests: Piggyback off State of Florida contract 46151500-NASPO-21-ACS (Point Blank Enterprise was awarded vendor with Signal 15 Inc as the authorized dealer under this contract. Term of contract: 03.16.2021-11.10.2022) Page 4 City of Clearwater Council Work Session Meeting Minutes May 17, 2021 Vest Carriers: Sole Source procurement APPROPRIATION CODE AND AMOUNT: Budgeted funds for FY21 are available in CPD cost code 0101131-547100, Uniforms-Employee. 6. Engineering 6.1 Approve a Contract for Purchase of Real Property located at 701 Franklin Street, by the City of Clearwater (City) for property owned by the Community Redevelopment Agency of the City of Clearwater (CRA), for a purchase price of$525,000 and total expenditures not to exceed $530,000; and authorize the appropriate officials to execute same, together with all other instruments required to affect closing. (consent) On April 7, 2021, the City and the CRA jointly published in the Tampa Bay Times, their intention to dispose certain city-owned property at 704 Court Street and 710 Court Street, and the CRA owned parcel at 701 Franklin Street, and invited proposals to redevelop or rehabilitate the Property. The full Purchase Price has been reached through mutual agreement of The City of Clearwater City Council and the CRA Board of Trustees and is based on the CRA's $525,000.00 acquisition cost of the subject 701 Franklin St. property in August 2019. Other notable terms: - The City will have up to 60 days to conduct due diligence. - Closing will occur within 120 days of the effective date but may close sooner. - It is the intent of the Parties that the CRA and the City enter into a Revocable License Agreement upon closing, allowing the CRA to remain in occupancy of the Property. Acquisition Costs: Purchase Price $525,000. Closing Costs $5,000 TOTAL $530,000 APPROPRIATION CODE AND AMOUNT: A midyear budget amendment will increase non-departmental cost code 0107010-560300, land development, recognizing an allocation from General Fund reserves. USE OF RESERVE FUNDS: Page 5 City of Clearwater Council Work Session Meeting Minutes May 17, 2021 Funding for this purchase will be provided by a midyear budget amendment allocating General Fund reserves in the amount of$530,000. Inclusive of this item if approved, a net total of$2,226,540 of General Fund reserves has been appropriated by Council to fund expenditures in the 2020/21 operating budget. The remaining balance in General Fund reserves after the 8.5% reserve is approximately $33.5 million, or 22.1% of the current General Fund operating budget. In response to a question, the City Attorney said the demolition of the existing PSTA site will be negotiated. 6.2 Declare three parcels of certain real property in Section 15, Township 29 South, Range 15 East, located at 704 Court St., 710 Court St. and 701 Franklin St., in Clearwater, Florida, as surplus for the purpose of conveying the three parcels to the Pinellas Suncoast Transit Authority (PSTA) in exchange for a parcel owned by the PSTA located at the northwest corner of South Garden Avenue and Pierce Street, Clearwater, Florida, in order to effectuate PSTA's construction of a new Multimodal Transit Facility. (APH) The City is the owner of two of the three parcels to be conveyed to the PSTA, more particularly described as: Parcel 1: 704 Court St.-Tax Assessor Parcel Number: 15/29/15/54450/011/0020. A part of Lots 2, 3, 8 and 9, Block 11, MAGNOLIA PARK, as recorded in Plat Book 3, Page 43, of the Public Records of Pinellas County, Florida, described as follows: From the Southwest corner of said Block 11, run thence East, 73.45 feet for the Point of Beginning; thence run N 0 deg. 15'12" E, 314.34 feet to the South right-of-way line of Franklin Street also being the North line of said Block 11; thence S89 deg 58'00" E, along said North line of Block 11, 58.82 feet; thence S 0 deg 52'44" E, 314.34 feet to the North right-of-way line of Court Street also being the South line of said Block 11; thence West, along said South line of Block 11, 65.03 feet to the Point of Beginning. Parcel 2: 710 Court St.-Tax Assessor Parcel Number: 15-29-15-54450-011-0030 Parcel 1 Lot 3, less the West four feet (4'); and all of Lots 4, 5, 6, and 7; and Lot 8, less the West four feet (4'), of Block 8, MAGNOLIA PARK, according to the plat thereof as recorded in Plat Book 3, Page 43, of the Public Page 6 City of Clearwater Council Work Session Meeting Minutes May 17, 2021 Records of Pinellas County, Florida. AND Parcel 2 Lot 3 lying Easterly of Railroad right-of-way and Lots 4, 5, 6, and 7 and that portion of Lot 8, lying Easterly of the Seaboard Airline Railroad spur in Block 11, MAGNOLIA PARK, according to the plat thereof as recorded in Plat Book 3, Page 43, Public Records of Pinellas County, Florida. Together with those portions of Lots 3 and 8, Block 11 described as: From the Northwest corner of Block 11, MAGNOLIA PARK, as recorded in Plat Book 3, Page 43, Public Records of Pinellas County, Florida, thence South 89016'00" East, on an assumed bearing, along the North line of said block, 152.50 feet for a Point of Beginning; thence South 00°10'44" East, 194.38 feet; thence by a curve to the left, radius 804.52 feet, arc 120.45 feet, chord South 04028'05" East, 120.34 feet to the Northerly right-of-way line of Olive Street; thence North 89017'30" West, along said right-of-way line 24.00 feet; thence North 00°10'44" West, 314.38 feet to the North line of said block; thence South 89016'00" East, along said North line 15.00 feet to the Point of Beginning. Said portions of Lots 3 and 8, Block 11 also being described as follows: That portion of Lots 3 and 8, Block 11, MAGNOLIA PARK, according to the plat thereof as recorded in Plat Book 3, Page 43, Public Records of Pinellas County, Florida, which lies East of the East line of the land described in deed recorded in Official Records Book 10345, Page 2252, of said public records, being situate, lying and being in the County of Pinellas, State of Florida. Of even date herewith, and as a prerequisite to this declaration, the City Council has approved that certain Contract for Purchase of Real Property by the City of Clearwater (Contract) between the City of Clearwater and the Community Redevelopment Agency of the City of Clearwater, Florida (CRA), for the sale and purchase of the third parcel (which is currently owned by the CRA), more particularly described as: Parcel 3: 701 Franklin St.-Tax Assessor Parcel Num ber:15/29/15/54450/011/0010 A part of Lots 1, 2, 9 and 10, Block "11", Magnolia Park, as recorded in Plat Book 3, Page 43 of the Public Records of Pinellas County, Florida, described as follows: Page 7 City of Clearwater Council Work Session Meeting Minutes May 17, 2021 From the Southwest corner of said Block "11", run thence East, 15.0 ft; thence run N 0 deg. 42'00" W, parallel with and 15.0 ft. East of the East right of way line of East Avenue, 129.0 ft. for the Point of Beginning; thence continue N 0 deg. 42'00" W, along said line, 185.40 ft. to the South right of way line of Franklin Street, also being the North line of said Block "11"; thence S 89 deg. 58'00" E, along said North line of Block "11", 63.68 ft.; thence S. 0 deg. 1512" W, 185.16 ft.; thence S 89 deg. 49'30" W, 60.60 ft. to the Point of Beginning. Parcel 1, located at 704 Court St. is approximately 0.43 acres of vacant land, acquired by the City on 10/27/2011 at the purchase price of$475,000.00 for the long-range purpose of acquiring a strategically located parcel well suited for transit and/or government purposes. Parcel 2, located at 710 Court St. is approximately 0.94 acres of vacant land, acquired by the City on 8/26/2011 at the purchase price of$1,950,000.00 for the long-range purpose of acquiring a strategically located parcel well suited for transit and/or government purposes. Parcel 3, located at 701 Franklin St. is approximately 0.26 acres in size with a 5,600 SF warehouse located thereon. The parcel was acquired by the CRA on 08/05/2019 at the purchase price of$525,000.00 for the purpose of acquiring a strategically located parcel to assemble with the adjacent City owned parcels for future transit or governmental purposes. This declaration of surplus shall apply to the subject parcels as the City's interest may appear as of this date, vested or equitable, and bind said parcels upon title vesting in the City at such time as the City closes on Parcel 3. The appraised value of the combined three parcels as determined by James Millspaugh & Associates, Inc., is $3,600,000.00 and by Tobias Realty Advisors, is $3,300,000.00. The following excerpts, taken from the City of Clearwater Planning Department's Downtown Development Plan, support an intermodal transit facility in downtown Clearwater. • Objective 2J: Pursue a premium transit system between Downtown, Clearwater Beach, Tampa International Airport, and St. Pete/Clearwater International Airport. • Objective 2D: Maintain and improve the Pinellas Trail as both a recreational amenity and as a unique opportunity for economic development. Enhance Trail connectivity from the Downtown to the waterfront and Beach. Promote Downtown Clearwater as a destination accessible by the Pinellas Trail. • Policy 10: The CRA may evaluate participating with the private sector in land assembly to facilitate projects consistent with this Plan. • Table 4.4: Coordinate with all transportation service providers on infrastructure and program improvements including the water taxi, Page 8 City of Clearwater Council Work Session Meeting Minutes May 17, 2021 trolley, bus system, rail, elevated transit, bike share and others. • Table 4.5: Work with the County to create a comprehensive transit plan. City management has reviewed and support declaring the three parcels surplus. 6.3 Accept a utility easement from CRP/WP Alta Clearwater Owner, L.L.C. for the construction, installation and maintenance of city utility facilities on real property located at 19320 U.S. Hwy. 19 N. and adopt Resolution 21-20. The Utility Easement will allow the city rights for construction, installation and maintenance of utility facilities as the site is developed for Alta Clearwater Apartments. The City Engineering Department recommends acceptance of the easement. 6.4 Authorize a purchase order to Cardno Inc., of Riverview, FL for the maintenance of city-owned lakes, ponds, wetlands, and mitigation sites in the annual not-to-exceed amount of$178,054.50 with three one-year renewal options pursuant to Request for Proposal (RFP) 22-21, Aquatic Sites Invasive Species Maintenance and authorize the appropriate officials to execute same. (consent) The Environmental Division of the Engineering Department sought proposals RFP 22-21 for the continued control of nuisance and exotic plant species in and around ponds, lakes, mitigation, and wetlands sites owned by the City. Seven proposals were evaluated by a committee comprised of representatives from the Environmental Division, Parks and Beautification, and Stormwater Maintenance. Proposal evaluations were based on technical ability, cost, and experience. Cardno Inc. was selected during the evaluation meeting. The contract will be effective June 1, 2021, for an initial one-year period at $178,054.50 with three one -year renewal options at the City's discretion. To cover unforeseen circumstances, including native plantings, water quality testing, or additional sites, a 15% contingency is included in the contract. APPROPRIATION CODE AND AMOUNT: 4191365-530300 Budgeted funds for FY21 are available in Stormwaters' cost center 4191365-530300, Other Contractual Services. Future year funding will be included in department budget proposals. In response to questions, Lead Environmental Specialist Sarah Kessler said gabions are metal baskets that are used to stabilize a channel with narrow areas of erosion, the baskets allow water to flow and stops the erosion. She Page 9 City of Clearwater Council Work Session Meeting Minutes May 17, 2021 said Parks and Recreation staff do a great job of educating citizens while they are on site for clean ups. Residents don't contribute to the invasive species found. 6.5 Approve Construction Manager at Risk (CMAR) proposal from Biltmore Construction of Belleair, FL, for the Wayfinding Signs Program Phase 1 (19-0016-EN) at the guaranteed maximum price of$995,826.00 and authorize the appropriate officials to execute same. (consent) The preparation and installation of a wayfinding program was identified as a strategy in the U.S. 19 Corridor Redevelopment Plan. In August 2015, the Planning and Development Department issued a Request for Qualifications for environmental graphic and design services to develop a wayfinding and signage master plan for the Corridor. On January 29, 2016, MERJE, a nationally recognized firm with extensive community wayfinding experience, was awarded a contract to develop such plan. Key objectives of the plan were to: • strengthen the City's brand identity • identify key destinations • help drivers better navigate and direct pedestrians, bicyclists and transit users in the area. On December 16, 2016, the contract with MERJE was extended to include design of a city-wide wayfinding program. On September 17, 2020, Council approved the use of Construction Manager at Risk (CMAR) Services for Continuing Contracts with Biltmore Construction Co.; Certus Builders; J. Kokolakis Contracting; J.O. DeLotto & Sons; Keystone Excavators; Khors Construction; Ajax Building Company; Allstate Construction; Bandes Construction Company; Creative Contractors; Johnson-Laux Construction; The A.D. Morgan Corporation; and Walbridge Aldinger for a period of four years. These firms were selected in accordance with Florida Statutes 255.103 and 287.055 under RFQ #40-20 based upon construction experience, financial capability, availability of qualified staff, local knowledge, and involvement in the community. With completion of the program design, Biltmore Construction of Belleair, FL was engaged under the existing Construction Manager at Risk agreement for preconstruction, bidding, and construction services for the implementation of Phase One of the wayfinding program. Biltmore will coordinate and procure the required State and County permits, fabrication of the signs, and installation of Phase One of the wayfinding program. Construction is anticipated to be completed within 168 days of the issuance of Notice to Proceed. Page 10 City of Clearwater Council Work Session Meeting Minutes May 17, 2021 Traffic Operations will maintain the signage. APPROPRIATION CODE AND AMOUNT: 3157549-530300-92842 $995,826 A mid-year budget amendment will transfer $100,000 of Gas Fund revenues from project 96384, Gas System Pinellas Building, and $500,000 in County TIF revenues from project R2006, Infrastructure-County, to project 92842, US19 Wayfinding, to fund this proposal. In response to questions, Planning and Development Director Gina Clayton said a public engagement process was not implemented for the area outside on the US 19 district, as staff believed it made sense to have a citywide system. The wayfinding signs are contemplated for major arterials or major community facilities or destinations, not neighborhood parks. 6.6 Approve the First Amendment to the Ground Lease Agreement with Renewal Options (First Amendment) between the City of Clearwater and Jolley Trolley Transportation of Clearwater, Inc. for the ground lease of city-owned property located at 1720 Overbrook Avenue and authorize the appropriate officials to execute same. (consent) The City of Clearwater (Lessor) and Jolley Trolley Transportation of Clearwater, Inc. (Jolley Trolley or Lessee) entered into that certain Ground Lease Agreement with Renewal Options dated January 23, 2020 (Lease Agreement). The Lease agreement between Lessee and Lessor provides Jolley Trolley a new site to build a complex for their general business practices and parking of their trolleys that supports public transportation on Clearwater Beach and locations throughout Pinellas County. The Lease Agreement requires the Lessee to commence vertical construction within 18 months from the January 23, 2020 Lease Agreement Effective Date (Effective Date). The Lessee has diligently worked to commence construction by the current deadline, but the Lessee has experienced considerable delays in commencing the construction partially due to the COVID-19 pandemic. This First Amendment to the Lease Agreement amends a portion of Section 6 of the Lease Agreement to include the following: 1) extends the period to commence vertical construction from 18 months to 30 months from the Effective Date; and 2) extends the requirement to complete construction of the Improvements and obtain a Certificate of Occupancy to 36 months from 24 months from the Effective Date. The Lessor's right to terminate the Lease for Lessee's failure to meet these timeframes is correspondingly extended to commence on the last day of these timeframes. All other terms and conditions of the Lease Agreement shall remain in full force Page 11 City of Clearwater Council Work Session Meeting Minutes May 17, 2021 and effect. 6.7 Award a construction contract to Gibbs and Register Inc of Winter Garden, FL, per Invitation to Bid (ITB) 16-0003-EN and 19-0026-EN for Cleveland Street Streetscaping Phase 3 and Gateway Festival Core in the amount of$15,215,742.30; approve a professional services agreement and work order to GAI Consultants, Inc, of Tampa, FL, per Request for Qualifications (RFQ) 13-21 in the amount of$481,030; approve a Duke Energy proposal pursuant to Clearwater Code of Ordinances Section 2.564 (1)(b), Sole Source, in the amount of$258,299.36 and authorize the appropriate officials to execute same. (consent) Phase III of the streetscape program will extend from Missouri Avenue to San Remo Avenue to the east. In addition, the streetscape will include Gulf-to-Bay Boulevard from its intersection with Cleveland Street to the Downtown Gateway at Court Street to the south. This phase of the Cleveland Street Streetscape efforts will provide the final piece for a unified, cohesive, pedestrian-friendly corridor from the Gateway to the Downtown waterfront. On April 6, 2017, City Council approved a work order to Bellomo Herbert, for design of above ground streetscape features associated with Cleveland Streetscape Phase III in the amount of$217,520.00. Minimal underground work was included. On October 5, 2018, City Manager approved Supplemental 1 work order for review of design plans showing the streetscape improvements to determine level of effort required to design a complete roadway and utility reconstruction project, in the amount of$11,400. During the design process it became apparent that the roadway needed a full reconstruction due to irregular cross sections and drainage issues, along with the full replacement of the potable and sanitary systems that are nearing the end of their useful life. Bellomo Herbert and Company was purchased by GAI Consultants and are now combined as one firm. The Supplemental 2 work order for design of a biddable plan set that includes all streetscape features, road reconstruction and utility replacement for a new work order value of$656,475 was approved by council on February 7, 2019. On February 3, 2021, Engineering issued ITB 16-0003-EN and 19-0026-EN for Cleveland Street Streetscape Phase 3 and Gateway Festival Core which closed on March 12, 2021. Two bids were received and Gibbs and Register, Inc. was the lowest responsible bidder in accordance with plans and specifications. Engineer of Record (EOR) GAI Consultants Inc evaluated the bids and recommend awarding the contract to Gibbs and Register Inc. On December 23, 2020, RFQ 13-21 was issued seeking an engineering firm to provide construction administration, engineering, oversight, and closeout Page 12 City of Clearwater Council Work Session Meeting Minutes May 17, 2021 services associated with the Cleveland Street Streetscaping Phase 3 and Festival Core (16-0003-EN & 19-0026-EN). The RFQ selection committee, consisting of representatives from the CRA and Engineering departments, met after independent review to discuss their ranking of the firm that submitted qualifications. The selection committee selected GAI Consultants, Inc. to perform the work. This new agreement and $481,030 work order cover the construction administration for the two combined projects. Duke Energy will replace necessary streetlights within project boundaries pursuant to Clearwater Code of Ordinances Section 2.564 (1)(b), Sole Source, in the amount of$258,299.36. The project is estimated to take APPROPRIATION CODE AND AMOUNT: 3157579-563800-C2103 $4,813,570.63 3197539-563800-C2103 $5,092,108.22 3277327-563800-C2103 $4,382,268.45 3157552-563800-C2105 $ 500,000.00 3157552-563800-C2105 $ 427,795.00 (FY22) 3157579-530100-C2103 $ 181,510.07 3197539-530100-C2103 $ 160,982.97 3277327-530100-C2103 $ 138,536.96 3157579-563800-C2103 $ 258,299.36 A midyear budget amendment will establish the capital improvement project C2103, Downtown Streetscaping, and transfers of$5,090,794.41 of penny revenue and $1,000,000 of City TIF revenues from ENGF180001, Downtown Streetscaping; $5,253,091.19 of stormwater revenue from ENST180005, Coastal Basin; and utility renewal & replacement revenues of$2,673,404.82 from 96722, Water Line Relocation; $876,276.63 from 96784, Reclaimed Distribution System; and $971,123.96 from 96634, Sanitary Utility Relocation. A midyear budget amendment will establish capital project 315-C2105, Mercado - Downtown Gateway, recognizing a transfer of$500,000 in TIF revenues from CRA project R2004, Economic Development-County. Remaining funding of $437,795 will be included in the CRA budget request for fiscal year 2021/2022 to be transferred next fiscal year. In response to questions, Senior Landscape Architect Catherine Corcoran said there will be no pavers and parallel parking will be provided. The CRA will communicate the plan with stakeholders and explain how the project will impact them. She said some Medjools will be planted to provide an aesthetic continuity. 6.8 Award a construction contract to TLC Diversified Inc., of Palmetto, FL, for Invitation to Bid (ITB) 09-0024-UT Marshall Street Water Reclamation Facility (MS WRF) Digester Demolition, in the amount of$1,599,400; approve Supplemental Two Work Order with Engineer of Record (EOR) Ardurra Group Inc., in the amount of$100,629.40 increasing the work order from $137,170 to $237,799.40; and authorize the appropriate officials to Page 13 City of Clearwater Council Work Session Meeting Minutes May 17, 2021 execute same. (consent) The MS WRF Digester Demolition project involves the demolition, removal, and disposal of the existing digester at the MS WRF. The work includes disposal of the liquids and solids contents of the digester, demolition and disposal of the digester structure, and restoration of the ground surface. Engineering issued ITB 09-0024-UT, which closed on April 16, 2021. TLC Diversified Inc. was the lowest responsible bid received in accordance with the plans and specifications. EOR Ardurra Group Inc. evaluated the bids and recommends awarding the contract to TLC Diversified Inc. On November 7, 2013, the City Manager approved a $84,978 initial work order to EOR Ardurra Group Inc. for design, permitting, bidding, and construction services for the demolition of the digester at the Marshall Street WRF. During the design effort, existing conditions were discovered that led to the requirement of extensive plan revisions. The cost of performing this work depleted a large quantity of the initial work order budget intended for construction services. On November 1, 2018, City Council awarded a $960,575.83 construction contract to GHD Services Inc. of Tampa, FL, and approved a $52,192 Supplemental One Work Order to the EOR, increasing the construction engineering and inspection services budget. During the project effort, it became evident that GHD did not have the capability to complete the project. The project team believed it was in the City's best interest to terminate the contract with GHD and rebid the project with more defined conditions. On November 1, 2019, the City Manager approved cancellation of the construction contract with GHD. Supplemental 2 Work Order is for increased engineering and inspection services during construction in the amount of$100,629.40, for a new work order value of$237,799.40. Construction duration is 150 calendar days after issuance of Notice to Proceed. The City of Clearwater's Public Utilities Department owns, operates, and maintains the Marshall Street WRF. APPROPRIATION CODE AND AMOUNT: 3217321-560600-96213 $1,599,400.00 3217321-561300-96213 $ 100,629.40 Funding is available in Capital Improvement Project 96213, Marshall Street Upgrade to fund the contract and work order. 7. Planning 7.1 Provide direction on a proposed two-tier approval process for allocating the Public Page 14 City of Clearwater Council Work Session Meeting Minutes May 17, 2021 Amenities Incentive Pool in the Downtown. (WSO) As directed by City Council, Planning and Development Department staff have been exploring ways to incentivize higher density/intensity development in the Downtown in accordance with increases recently authorized by Forward Pinellas. As such, staff is seeking direction from City Council on an option to establish a two-tier approach to allocating units and floor area from the existing Public Amenities Incentive Pool to promote redevelopment in the Downtown. Planning Manager Christine Fisher provided PowerPoint presentation. Discussion ensued with support expressed to pursue the proposed 2-tier approval process. 7.2 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 1770 St. Croix Drive, and pass Ordinances 9448-21, 9449-21, and 9450-21 on first reading. (ANX2021-02003) This voluntary annexation petition involves a 0.152-acre property consisting of one parcel of land occupied by a single-family dwelling. The property is located on the west side of St. Croix Drive approximately 985 feet north of SR 590. The applicant is requesting annexation in order to receive solid waste service from the City. The property is located within an enclave and is contiguous to existing city boundaries to the east and west. It is proposed that the property be assigned a Future Land Use Map designation of Residential Low (RL) and a Zoning Atlas designation of Low Medium Density Residential (LMDR). The Planning and Development Department determined that the proposed annexation is consistent with the provisions of Community Development Code Section 4-604.E as follows: • The property currently receives water service from Pinellas County. Sewer service is not readily available to the applicant's property. Collection of solid waste will be provided by the City of Clearwater. The property is located within Police District III and service will be administered through the district headquarters located at 2851 McMullen Booth Road. Fire and emergency medical services will be provided to this property by Station #48 located at 1700 N Belcher Road. The City has adequate capacity to serve this property with solid waste, police, fire, and EMS service. The property will continue to receive water service from Pinellas County. The proposed annexation will not have an adverse effect on public facilities and their levels of service; and • The proposed annexation is consistent with and promotes the following objectives and policy of the Clearwater Comprehensive Plan: Page 15 City of Clearwater Council Work Session Meeting Minutes May 17, 2021 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 Low (RL) Future Land Use Map category is consistent with the current Countywide Plan designation of the property. This designation primarily permits residential uses at a density of 5.0 units per acre. The proposed zoning district to be assigned to the property is the Low Medium Density Residential (LMDR) District. The use of the subject property is consistent with the uses allowed in the District and the property exceeds the District's minimum dimensional requirements. The proposed annexation is therefore consistent with the Countywide Plan and the City's Comprehensive Plan and Community Development Code; and • The property proposed for annexation is contiguous to existing city boundaries to the east and west; therefore, the annexation is consistent with Florida Statutes Chapter 171.044. 7.3 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 1881 Montclair Road and pass Ordinances 9451-21, 9452-21, and 9453-21 on first reading. (ANX2021-03004) This voluntary annexation petition involves a 0.642-acre property consisting of one parcel of land occupied by a single-family dwelling. The property is located on the southwest corner of Montclair Road and Seton Drive. The applicant is requesting annexation in order to receive sanitary sewer and solid waste service from the City. The property is located within an enclave and is contiguous to existing city boundaries on all sides; therefore, the annexation will eliminate an enclave. It is proposed that the property be assigned a Future Land Use Map designation of Residential Urban (RU) and a Zoning Atlas designation of Low Medium Density Residential (LMDR). The Planning and Development Department determined that the proposed annexation is consistent with the provisions of Community Development Code Section 4-604.E as follows: • The property currently receives water service from the City of Clearwater. The closest sanitary sewer line is located in the adjacent Page 16 City of Clearwater Council Work Session Meeting Minutes May 17, 2021 Seton Drive right-of-way. The applicant has not paid the City's sewer impact and assessment fees and is aware that the fees must be paid in full prior to connection and of the additional costs to extend city sewer service to this property. Collection of solid waste will be provided by the City of Clearwater. The property is located within Police District III and service will be administered through the district headquarters located at 2851 N McMullen Booth Road. Fire and emergency medical services will be provided to this property by Station #48 located at 1700 N Belcher Road. The City has adequate capacity to serve this property with sanitary sewer, solid waste, police, fire, and EMS service. The proposed annexation will not have an adverse effect on public facilities and their levels of service; and • The proposed annexation is consistent with and promotes 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 the property. This designation primarily permits residential uses at a density of 7.5 units per acre. The proposed zoning district to be assigned to the property is the Low Medium Density Residential (LMDR) District. The use of the subject property is consistent with the uses allowed in the District and the property exceeds the District's minimum dimensional requirements. The proposed annexation is therefore consistent with the Countywide Plan and the City's Comprehensive Plan and Community Development Code; and • The property proposed for annexation is contiguous to existing city boundaries on all sides; therefore, the annexation is consistent with Florida Statutes Chapter 171.044. In response to a question, Senior Planner Kyle Brotherton said if city sewer is available, the unincorporated property owner has the option to annex into the city to connect to city sewer. The City Attorney said the City cannot compel the property owner to connect to city services. Page 17 City of Clearwater Council Work Session Meeting Minutes May 17, 2021 8. Marine & Aviation 8.1 Approve Clearwater Airpark 2020 Master Plan Update. (consent) City Council approved the current Airpark Master Plan in September 2000. The Florida of Transportation (FDOT) provided 80% of the $100,000 fee associated with this 2020 Master Plan Update also known as the Airport Layout Plan (ALP). This Plan examines existing facilities and projects future needs upon forecasts of aircraft operations. The goal is to provide the City with a flexible plan for future development over the next 20 years in accordance with design standards established and approved by the Federal Aviation Administration (FAA) and the FDOT. A total of 24 Capital Improvement Projects (CIP) have been identified, which are all programmed within this 20-year plan. Approval of this Master Plan Update by City Council makes all the projects identified eligible for grant consideration. It is important to note that only the City has the authority to advance projects identified in this plan. Project's moving forward will be only those which are deemed to in the best interest of the Airpark and City of Clearwater residents, with the understanding that not all projects in the plan will be realized. In response to questions, Marine and Aviation Director Ed Chesney said AECOM consultants provided the Airpark Advisory Board a presentation to seek input. Where the portable trailers at the existing terminal building will be moved has yet to be determined. The master plan does not consider expanding the airpark, but rather preserving the land. 8.2 Approve a License Agreement for the Clearwater Marine Aquarium (CMA) Island Estates (IE) Slips and authorize the appropriate officials to execute same. (consent) During construction of the recent CMA expansion, IE slips 1-20 maintained by Marine & Aviation (M&A) were taken out of service and placed under CMA control. These slips fell within the footprint of their restricted construction area. The CMA pays the city approximately $3,400.00 a month in slip rent for these IE slips. With the construction now completed, CMA is ready to give control and responsibility of these slips back to the city. These IE slips are in need of major repairs by the city and CMA is proposing features and modifications that the city would not normally install at this facility. M&A supports the CMA proposal and proposed improvements to this facility in lieu of traditional slip rent. Figure 1 shows IE slips 1-43 that surround the CMA facility along with several easement Page 18 City of Clearwater Council Work Session Meeting Minutes May 17, 2021 areas granted to the city, while Figure 2 shows the expanded CMA facility in relationship to the slips. 9. Public Utilities 9.1 Authorize a purchase order to ICON Supply, Inc., dba ICON Technologies of Tampa, FL for Yaskawa Variable Frequency Drives in an annual not-to-exceed amount of $200,000.00 with the option for two, one-year renewals at the City's discretion pursuant to Invitation to Bid #21-21, Yaskawa Variable Frequency Drives and authorize the appropriate officials to execute same. (consent) Invitation to Bid (ITB) #21-21, Yaskawa Variable Frequency Drives was issued on March 23, 2021. One bid was received and was considered responsive to the requirements set forth in the solicitation. ICON Technologies represents the lowest responsive, responsible bidder in accordance with the bid specifications for Yaskawa Variable Frequency Drives for the supply, installation, preventative maintenance, and emergency repair services of Yaskawa Variable Frequency Drives for the Public Utilities Department on an as-needed basis. Yaskawa Variable Frequency Drives (VFDs) are installed throughout the Public Utilities water and wastewater system at multiple plants and lift stations. Since 2015, as old units break down or near the end of service life, the City has been working on replacing, maintaining, and installing additional units on an as-needed basis. These VFDs are used to control essential motor and pump speeds to meet optimum conditions and to reduce and/or eliminate electrical waste thereby reducing maintenance requirements, energy consumption, and cost of operation. The initial contract period will be May 21, 2021 through May 20, 2022, with the option for two, one-year renewal terms. APPROPRIATION CODE AND AMOUNT: Budgeted funds for FY21 are available in Public Utilities' cost centers, cost code 550400 Operating Supplies and 546200 Repairs & Svc-Other Equip. Funding for future fiscal years (FY22 through FY24) will be requested within contract calendar and spending limits. In response to a question, Public Utilities Director Rich Gardner said there was only one respondent because there is only one authorized vendor in the state of Florida. Page 19 City of Clearwater Council Work Session Meeting Minutes May 17, 2021 10. Solid Waste 10.1Approve a purchase order to NRC Gulf Environmental Services, Inc., of Fort Worth, TX, to pump, transfer and dispose leachate from the Solid Waste Transfer Station in the annual not-to-exceed amount of$175,000 with two, one-year renewal options at City's discretion pursuant to Invitation to Bid (ITB) No. 31-21, Pump, Transport and Dispose of Leachate and authorize the appropriate officials to execute same. (consent) On March 15, 2021, Procurement Issued ITB 31-21, Pump, Transport and Dispose of Leachate and two responsive and responsible bids were received. NRC Gulf Environmental Services, Inc., was the lowest responsive and responsible bidder in accordance with the bid specifications. The Florida Department of Environmental Protection (FDEP) requires all liquid waste (Leachate) created at the City of Clearwater Transfer Station to be collected in a closed system. The leachate flows from the Transfer Station's tipping floor and the Transfer Station's Truck Tunnel into a holding tank. The holding tank requires regular pumping and the leachate requires proper disposal at a FDEP registered processing facility. The contract purchase order with NRC Gulf Environmental Services, Inc., of Fort Worth, TX, enables the City of Clearwater to comply with FDEP at the lowest qualified price. APPROPRIATION CODE AND AMOUNT: Funds are available as part of the FY 2020/2021 operating budget of the Solid Waste Fund and have also been anticipated and included in the proposed FY 2021/2022 operating budget of the Solid Waste Fund. Funds are available in cost code 4242084-530300 to fund this contract (Solid Waste Fund - Transfer Station). 10.2Approve a Debris Management Contract with Crowder Gulf Joint Venture, Inc of Mobile, AL for disaster debris collection, reduction, and removal services and authorize the appropriate officials to execute same. (consent) Procurement issued Request for Proposal (RFP) 35-20, Disaster Debris Removal and Disposal Services, for a contractor to perform removal and disposal services in the event of a major disaster. On June 10, 2020, the City received fifteen responses. An evaluation committee consisting of Clearwater Fire & Rescue and Solid Waste employees chose Crowder Gulf Joint Venture, Inc, as the primary vendor to perform these services. It is in the public interest to provide for the expedient removal of storm debris within the corporate limits of the City plus recovery Technical Assistance to the appointed and elected officials resulting from a natural or manmade event. The Page 20 City of Clearwater Council Work Session Meeting Minutes May 17, 2021 availability of experienced prime debris contractors may be severely limited after an event, and this contractor has the experience, equipment, manpower, permits and licenses to perform all related debris management services Approval of this pre-event contract with Crowder Gulf Joint Venture will optimize the recovery efforts for the City of Clearwater in the event of a natural or manmade event. APPROPRIATION CODE AND AMOUNT: No funds will be necessary to enter into this agreement. Given the uncertainty as to the extent of funds required for payment to the vendor, a separate agenda item will be brought forth once an estimate can be made. 11. Legal 11.1Authorize the City of Clearwater to join the State of Florida and other local governmental units as a participant in the Florida Memorandum of Understanding and Formal Agreements implementing a Unified Plan and adopt Resolution 21-19. On February 13, 2018, the City Council authorized hiring Motley Rice, LLC. to investigate, litigate, or negotiate for settlement, actionable claims that may be pursued by the City against individuals and entities related to the marketing, prescribing, distribution, or sale of opioids. On November 15, 2018, Motley Rice filed a complaint in the Sixth Circuit court on behalf of the City, naming multiple pharmaceutical companies and distributors as defendants. Since then, Motley Rice has been negotiating with distributors and through bankruptcies filed by several pharmaceutical companies for a settlement to the matter. The State of Florida has filed an action pending in Pasco County, Florida, and a number of Florida Cities and Counties have also filed an action In re: National Prescription Opiate Litigation, MDL No. 2804 (N.D. Ohio) (the Opioid Litigation) and the City of Clearwater is a litigating participant in that action. The State of Florida and lawyers representing certain various local governments involved in the Opioid Litigation have proposed a unified plan for the allocation and use of prospective settlement dollars from opioid related litigation. Based on the status of this litigation, the likely structure of any resolution, and the potential litigation risks in the absence of a statewide agreement, our counsel believes this proposal reflects a reasonable compromise between the State and its political subdivisions. Page 21 City of Clearwater Council Work Session Meeting Minutes May 17, 2021 The Florida Memorandum of Understanding (the Florida Plan) sets forth a framework of a unified plan for the proposed allocation and use of opioid settlement proceeds. It is anticipated that formal agreements implementing the Florida Plan will be entered into at a future date. Participation in the Florida Plan by a large majority of Florida cities and counties will materially increase the amount of funds to Florida and should improve Florida's relative bargaining position during additional settlement negotiations. Under the likely settlement structure for the cases, states and their political subdivisions are strongly incentivized to reach a joint resolution of all State and political subdivision claims. Joining with the State and other local government units means that the state and the political subdivisions will receive a substantially larger settlement amount if they are all parties to the settlement. Under this agreement, all settlement funds received by the State of Florida and its political subdivisions must be utilized for strategies, programming and services used to expand the availability of treatment for individuals impacted by substance use disorders (Approved Purposes). A non-exclusive list of potential abatement programs and uses are included in Exhibits A and B to the agreement. These uses are intended to best serve the overall purpose and intention of this litigation, which is to abate the continuing public health crisis of opioid addiction within our communities. This Proposal divides all settlement funds between three funds: (1) the City/County Fund; (2) the Regional Fund; and (3) the State Fund. The City/County Fund consists of 15% of the total settlement amounts allocable to the State of Florida. These funds are distributed to all counties and qualifying municipalities in the State of Florida. The allocation of the City/County Fund between counties and municipalities is based on a model referred to as the "Negotiation Class Metrics." This model was developed in the National Prescription Opiate MDL, and considers: (1) the amount of opioids shipped to the county; (2) the number of opioid deaths that occurred in that county; and (3) the number of people who suffer opioid use disorder in that county. The Regional Fund consists of a sliding scale between 30% and 40% of the total settlement amounts allocable to the State of Florida, with the largest percentages occurring in the immediate years after settlement and decreasing over time. In the case of counties with a population of over 300,000, and which satisfy other criteria regarding abatement infrastructure, (termed "Qualified Counties") these funds are provided directly to the county. the definition of Qualified County requires that the county reach an agreement with at least some municipalities within the county as to how these funds are spent. Specifically, they must reach an agreement with a sufficient number of municipalities such that the aggregate population of municipalities which consent to the county's use of these funds is more than half the aggregate population of individuals residing within municipalities in your County. Page 22 City of Clearwater Council Work Session Meeting Minutes May 17, 2021 The State Fund consists of the remaining 45% to 55% of the total settlement amounts allocable to the State of Florida, depending on the amount of the Regional Fund above. As with the City/County Fund and Regional Fund, these funds must be spent on Approved Purposes. The State and each local government must report its expenditures to the Department of Children and Families each year. This agreement also establishes an Opioid Abatement Taskforce or Council. The Taskforce or Council includes appointments from municipalities, qualified counties, and non-qualified counties. The purpose of the Opioid Abatement Taskforce or Council is to advise the Governor, Legislature, Florida's Department of Children & Families and Local Governments on priorities that should be addressed as part of the opioid epidemic and to review how monies have been spent. Through the course of negotiating these settlements and this allocation agreement, outside counsel has sought to create a separate fund for the payment of attorneys' fees. In this manner, the costs of attorneys' fees are shared by both litigating and non-litigating entities, rather than paid directly from the recovery of litigating entities, as provided in the agreement or retainer. The proposal creates a fee fund of between 0-10% of the City/County fund, depending on the degree to which litigating local governments choose to participate in this settlement. Under this proposal, counsel must first attempt to obtain a legal fee from any national fee fund established as part of any settlement. If counsel is unable to obtain their full contracted fee from that fund, counsel may then obtain additional funds from this separate fund. In most cases, this will result in a substantial reduction in the attorney's fees to counsel from what is set forth in the agreement or retainer, and will avoid the necessity of counties and cities paying the higher contingency fee directly from their recovery. If we are not able to reach an agreement with the Attorney General's office, this may threaten the overall allocation of settlement proceeds to the State of Florida and its local governments. This is because the settlement agreement currently under negotiation incentivize states and local governments to reach allocation agreements and penalizes those that do not. Alternatively, there is a potential litigation risk that in the absence of an agreed upon allocation plan, the State may seek a declaration that only the State of Florida, and not its local governments, have standing to bring litigation on behalf of its citizens, threatening the ability of local governments to pursue their own lawsuits in this matter. 11.2Adopt Ordinance 9461-21 on second reading, vacating a platted 10-foot utility easement Page 23 City of Clearwater Council Work Session Meeting Minutes May 17, 2021 located along the North 10 feet of Lot 18, Cedar Heights, according to the plat thereof as recorded in Plat Book 81, Page 85, of the public records of Pinellas County, Florida. 11.3Adopt Ordinance 9462-21 on second reading, vacating a platted 5-foot utility easement, described as the West 5 feet of Lot 7, Block 69, Mandalay, recorded in Plat Book 14, Pages 32 to 35, of the public records of Pinellas County, Florida. 12. City Manager Verbal Reports — None. 13. City Attorney Verbal Reports — None. 14. Council Discussion Item 14.1 Code Enforcement - Mayor Hibbard Mayor Hibbard requested consideration to direct additional funds to code enforcement, as it effects the look of the city and quality of life. Planning and Development Director Gina Clayton said additional staffing is a topic for the upcoming strategic meeting. Staff will be presenting cost estimates for additional FTEs. The Department currently consists of 14 FTEs, but need additional supervisory staff address the time associated with processing compliance issues. In response to a comment, the City Attorney said collection on code enforcement cases is difficult and the City cannot foreclose on homesteaded property. Commercial properties do not have the same protection and the City has begun foreclosing on those properties. Ms. Clayton said Council has adopted a civil citation process, which begins today and will direct cases to the City instead of the court. Code Enforcement Manager Ken Pieslak said staff will be using a collection agency for the civil citation process. The City Attorney said the property owners will be documented but not reported to credit agencies. There was council support to provide code enforcement with additional resources. 14.2Councilmember Advisory Board Attendance - Mayor Hibbard Mayor Hibbard expressed concerns with councilmembers attending advisory Page 24 City of Clearwater Council Work Session Meeting Minutes May 17, 2021 board meetings and making comments. He said the comments may be mistaken as council directives. The City Attorney said she has reviewed the advisory board duties and role as cited in the code, most take direction from the City Council. She said it is not an area where an individual councilmember has the authority to act. The Environmental Advisory Board has an objective, with direction coming from the Council, as whole, and then advising Council. If Council wants more reporting, Council must provide that direction, not an individual councilmember. City code provides that each advisory board has a staff liaison that are appointed by the city manager. 15. 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. 16. Closing Comments by Mayor— None. 17. Adjourn The meeting adjourned at 11:50 a.m. Page 25 City of Clearwater