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01/18/2022 Council Work Session Meeting Minutes January 18, 2022 City of Clearwater Main Library- Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 m ap ® e Meeting Minutes Tuesday, January 18, 2022 9:00 AM Main Library - Council Chambers Council Work Session Page 1 City of Clearwater Council Work Session Meeting Minutes January 18, 2022 Roll Call Present 5 - Mayor Frank Hibbard, Vice Mayor Hoyt Hamilton, Councilmember David Allbritton, Councilmember Kathleen Beckman, and Councilmember Mark Bunker Also Present: Micah Maxwell —Assistant City Manager, Michael Delk—Assistant City Manager, David Margolis - 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 The meeting was called to order at 9:00 a.m. 2. Presentations — Given. 2.1 Police Oaths The City Clerk administered the Oath of Office to Police Officers: Matthew Capone, Jonathon Kline, Benjamin McCallum, Adam Mengerink, Samantha Negron, Kristen Pinsker, Damian Rios, Lauren Styles, and Cole VanDeusen. 3. Human Resources 3.1 Approve agreement between the City of Clearwater and The Kaleidoscope Group LLC, for consulting services to complete a citywide Cultural Assessment at a cost of$241,980 and authorize the appropriate officials to execute same. (consent). A Request for Proposal (RFP) #52-21 was conducted in September 2021, the committee (comprised of the Diversity and Equity Manager, Assistant Human Resources Director, Diversity and Equity Senior Analyst, C.R.A. Business Assistance Admin, and Human Resources Analyst) unanimously selected Kaleidoscope to perform a Cultural Assessment. A cultural assessment is a process that provides for an evaluation of The City of Clearwater's overall workplace culture. The consultant will conduct an assessment that will analyze both the implicit and explicit beliefs and attitudes held by the City of Clearwater and fostered by those associated with it. Kaleidoscope has vast experience in this area to guide us through this process. The assessment will commence in January 2021 and is anticipated to be completed within one year. Page 2 City of Clearwater Council Work Session Meeting Minutes January 18, 2022 APPROPRIATION CODE AND AMOUNT: A first quarter budget amendment will increase Human Resources operating code 0109231-530100, professional services, by $241,980 offset by an allocation of General Fund reserves. USE OF RESERVE FUNDS: Funding for this contract will be provided by a first quarter budget amendment allocating General Fund reserves in the amount of$241,980 to increase Human Resources operating code 0109231-530100, professional services. Inclusive of this item if approved, a net total of$316,980 of General Fund reserves has been appropriated by Council to fund expenditures in the 2021/22 operating budget. The remaining balance in General Fund reserves after the 8.5% reserve is approximately $43.8 million, or 26.6% of the current General Fund operating budget. Human Resources Manager Sherman Stroman provided a PowerPoint presentation. In response to questions, Mr. Stroman said staff estimates approximately 1.5 years to effect change, which includes implementing policy changes. Senior Human Resources Analyst Freda Daniels said that at some point, salary is no longer a factor, applicants are not settling and choose workplaces based on culture. Kaleidoscope Group CEA Chris Georgas said young talent in the workforce are looking for organizations that believe in a diverse and inclusive workplace. 3.2 Approve the collective bargaining agreement as negotiated between the City of Clearwater and IAFF Local 1158 for Fiscal Years 2021/2022, 2022/2023, 2023/2024 and authorize the appropriate officials to execute same. (consent) The current collective bargaining agreement between the City of Clearwater and IAFF Local 1158 expired on September 30, 2021. The parties reached a tentative agreement for a new contract which has been ratified by the membership. The agreement is a three-year agreement providing for the following wage adjustments. Effective 10/1/2021: New pay schedule for all IAFF positions. Each IAFF member will receive the base pay plus $1800 for each year of completed CFD service up to a max of 15 years. In 2022 and 2023: Page 3 City of Clearwater Council Work Session Meeting Minutes January 18, 2022 $2200 will be added to each base pay $2200 GWI to each member $1800 Merit Pay Increase for employees who receive a rating of meets standards or higher on their annual performance review. This agreement also provides for the following changes: Extended grievance deadlines from 10 to 30 workdays. Changed promotion/demotion language to provide for slotting in the new position based on placement in range of in current position. Added family members under City's insurance to receive free access to recreation facilities. Added an Employee Fitness and Wellness incentive program with time off awards. Added Juneteenth as a holiday. Added a vacation self-funding program, if 72 hours of vacation are taken, may cash in up to 72 hours, must maintain a bank of 120, have no discipline, and a meets standards performance evaluation. May utilize once annually. Increases special teams pay from $30 to $50 and from $40 to $60. Increased tuition reimbursement from $1700 to $2000. APPROPRIATION CODE AND AMOUNT: A cumulative estimated value of this agreement over the three year is $2,074,940. The cost associated with the implementation of this agreement by fiscal year (FY) is anticipated to be approximately as follows: FY 2021/22 $940,341 FY 2022/23 $577,200 FY2023/24$557,400 Funding for the first year of this agreement (FY 2021/22) was included in a combination of the Fire Department's personnel budget and General Fund Non-Department as a contingency for contract negotiations. A first quarter budget amendment will transfer $500,000 from Non-Department cost code 0107010-510100 to the Fire Department to provide the remaining funding needed for this contract. In response to questions, Human Resources Director Jennifer Poirrier said Kelly days provides a day off during the work schedule to relieve overtime. She said Kelly days were previously negotiated and not a change in the contract. Fire Chief Scott Ehlers said the number one killer in firefighters is heart disease, permitting play on the premises allows employees to maintain Page 4 City of Clearwater Council Work Session Meeting Minutes January 18, 2022 the expected fitness standard. Ms. Poirrier said firefighters also have station duties that must be completed. All city employees and family members enrolled in the City's health insurance plan may have access to a new wellness incentive. The City does not have a true merit system, the Department is in the process of overhauling the current evaluation system that could incorporate a merit system. The industry standard for evaluation systems is meet, exceeds, or below standards. She said it is typical in the fire industry to start at the entry salary level no matter one's years of experience. Chief Ehlers said this contract is transitioning to a step plan. 4. City Manager 4.1 Approve a funding agreement between the City of Clearwater and the Pinellas Suncoast Transit Authority (PSTA) to provide enhanced Jolley Trolley service during Spring Break period of March 1, 2022 through April 30, 2022, with the City contributing a lump sum not to exceed $88,343 and authorize the appropriate officials to execute same. (consent) Alternatives for traveling to Clearwater Beach during the Spring Break season are critical to the economic vitality of Clearwater and our tourism industry. The City and PSTA propose utilizing the parking lot at 112 S. Osceola Ave as a park and ride lot for the 61-day period commencing March 1, 2022, through April 30, 2022. Parking meters at the 112 S. Osceola Ave lot will be suspended during this period. Instead of driving, users will have the option of taking the free Trolley services to and from the Beach or paying to ride the Clearwater Ferry Taxi Service. The Trolley service will be free only for people who board the trolley at the 112 S. Osceola Ave lot park and ride site, at the Clearwater Beach Transit Station on the north side of Memorial Causeway, or at the Clearwater Beach Municipal Marina designated pick up location. PSTA is also working with Pinellas County to allow for weekend overflow parking in the County's garage at Osceola Ave and Court St. PSTA currently provides regular service on several routes between Downtown and Clearwater Beach, as well as north and south along the Beach. PSTA operates the Suncoast Beach Trolley which runs from Downtown Clearwater south to St. Pete Beach, and has an agreement with the Jolley Trolley to operate a Beach circulator (North and South Beach routes), as well as the Coastal route connecting to Tarpon Springs. As part of this additional agreement, PSTA developed a service plan that will increase the number of vehicles serving the Beach during the Spring Break season, especially on the weekend periods from Friday through Sunday during spring break periods for local school districts and during the three weekends of the Sugar Sands Festival. The proposed agreement sets forth the City's commitment to contribute a lump sum not to exceed $88,343 towards PSTA's additional financial obligations, including PSTA's agreement with the Jolley Trolley to provide enhanced service on its Beach circulator routes during the Spring Break season. This amount is Page 5 City of Clearwater Council Work Session Meeting Minutes January 18, 2022 50% of the total cost; PSTA will provide the other 50%. Riders will have significantly shorter wait times this season with additional vehicles to maintain the service at 30-minute intervals Monday through Thursday and 15-minute intervals Friday through Sunday. The free park and ride service is planned to start at 10:00 AM and end at the regular close of service (approximately 10:00 PM Sunday-Thursday and 12:00 AM Friday/Saturday). The City and PSTA have developed a marketing plan that includes a media campaign and promotional components. Directional signs for park and ride locations and Dynamic Message Signs will also be deployed. APPROPRIATION CODE AND AMOUNT: Funds are available in Engineering - Parking Division operating cost code 4351333-581000 (payment to agencies) to fund this agreement 5. Fire Department 5.1 Authorize a Purchase Order to Ten-8 Fire Equipment Inc., of Bradenton, FL, for the purchase of one new Pierce Heavy Duty Velocity Pumper in an amount of$718,190.00 in accordance with Clearwater Code of Ordinances Section 2.563 (1)(c), Piggyback; declare G2610 surplus, effective upon receipt of the purchase vehicle, authorize for disposal at auction or trade-in, whichever is in the best interest of the City, in accordance with Clearwater Code of Ordinances Section 2.623, and authorize the appropriate officials to execute same. (consent) Clearwater Fire and Rescue is requesting authorization to purchase one heavy-duty front-line pumper (engine) to replace Engine 48. Engine 48 (G3864), purchased in 2012, will move to the reserve fleet to maintain required reserve units and surplus G2610 purchased in 2001. Clearwater Fire and Rescue has determined the Pierce Heavy Duty Velocity Pumper built by Pierce Manufacturing meets the operational needs of the department. A heavy-duty velocity pumper provides exceptional pumping water capability, enhanced storage capability, lower vehicle profile, and will significantly up-grade the abilities of the engine it replaces. The full price for one fire engine is $718,190.00. Clearwater Fire and Rescue performs fire and emergency medical services (EMS) under a contract with the Pinellas County. This purchase was included in the approved six-year capital improvement program planned for purchase in fiscal year 2022/23 in project 91218, Fire Engine Replacement, to be funded with Penny for Pinellas revenues and Pinellas County Fire tax reimbursement of approximately 11.3% of purchase price. Due to supply chain issues, as well as the ongoing price increases across the commodity market, Pierce Manufacturing is expected to have a significant price increase estimated at 7-10%. Ordering on the current quote by January 31, 2022 will lock in current pricing saving the City in excess of$50,000. The current build out for this Page 6 City of Clearwater Council Work Session Meeting Minutes January 18, 2022 engine is estimated at 16 months which results in delivery and payment in fiscal year 2022/23 when funds are planned to be available. No funding is required at this time. This purchase is a piggyback of Florida Sheriffs Association Cooperative Purchasing Program Contract#FSA20-VEF14.02, Fire Rescue Vehicles and Other Equipment valid through March 31, 2023. The Department is piggybacking off of FSA's base price of$579,986, and it would be impractical under Sec. 2.563(1)(d) to separately bid the customization options because it would be nearly impossible to coordinate the installation of those options and it would jeopardize the vehicle warranty. Estimated annual operating costs in the department's annual operating budget include fuel and routine garage charges for operating the new vehicle. Garage charges on the new vehicle are expected to be less than the replaced vehicle. APPROPRIATION CODE AND AMOUNT: Funds for this purchase are planned for fiscal year 2022/23 allocating Penny for Pinellas funds and County Fire Tax reimbursement in capital improvement project 91218, Fire Engine Replacement. USE OF RESERVE FUNDS: N/A In response to questions, Fire Chief Scott Ehlers said, in addition to mileage, maintenance costs, vehicle history, and pumping capability are considered when placing an apparatus on a replacement schedule. The apparatus is placed on the front line for 10 years and then placed in reserve for five years. 6. Gas System 6.1 Approve a tax service broker agreement with Fallbrook Tax Credits LLC of Calabasas, CA, to manage the transfer of ownership of the City of Clearwater's Voluntary Clean-Up Tax Credits (VCTC), pursuant to Invitation to Bid 44-21 and authorize the appropriate officials to execute same. (consent) The City of Clearwater issued Invitation to Bid #44-21, Brokerage Services for Sale of Brownfield Tax Credits for the sale of seven City of Clearwater Brownfields Voluntary Cleanup Tax Credit (VCTC) certificates. The VCTCs were received between 2017 -2021 for a total amount of$785,886.07. To maximize the City's optimum return on investment Fallbrook Tax Credits LLC (Fallbrook) was selected, as they offered the highest return for each certificate. The Florida Department of Environmental Protection (FDEP) administers the VCTC program and awards certificates based on approved cost incurred for Page 7 City of Clearwater Council Work Session Meeting Minutes January 18, 2022 environmental remediation work. The two locations that received VCTC certificates are: • Clearwater Gas System: o Location: Former Manufactured Gas Plant site, 777 Maple St o Four certificates awarded for calendar years 2017, 2018, 2019 & 2020. o Total amount: $744,076.07 • Economic Development and Housing: o Location: Former CarPro property, 1359 Cleveland Street o Three certificates awarded for calendar years 2018, 2019 & 2020. o Total amount: $41,810.00 • Total certificate amount: $785,886.07 Tax credit selling price is determined by the marketplace. Transferable tax credits are priced with a cents-per-dollar of credit purchase price. Fallbrook provided a bid selling price of$0.9112 per dollar of each credit. Therefore, Fallbrook will retain $69,786.68 in brokerage fees for selling off the credits and the City will receive $716,099.39. Even though the brokerage fee is under $100,000, this agreement still needs to be approved by Council due to the indemnification language outlined in section 7 of the agreement. The City has a five-year time frame, from the issue date on the original certificate, to transfer the VCTC certificates to an entity that has a Florida corporate income tax liability. When a transfer occurs, the five-year "clock" restarts, the transferee will receive a certificate with a new issue date (date of transfer) and the transferee will have five years from that date to use the certificate. The certificate is not eligible to be sold once a new certificate is issued. The Florida Legislature created the VCTC program to encourage participants to conduct voluntary cleanup of certain contaminated sites and brownfield sites in designated brownfield areas. Participants may be private or public entities and must enter into either a Voluntary Cleanup Agreement or a Brownfield Site Rehabilitation Agreement (BSRA) under the provisions of FL Statutes 376.3078, 376.30781 and 376.82. In response to questions, Senior Assistant City Attorney Laura Mahoney said the voluntary tax credits program is through the state. Anyone who participates in the program and enters into an agreement to clean up a site, will be issued a tax certificate upon completing the clean up. She said the tax credits offset corporate taxes. Since the City does not have corporate taxes, the City can market the credits in the open market. There were five bidders. Page 8 City of Clearwater Council Work Session Meeting Minutes January 18, 2022 The City Attorney said the State created the program in the 90s when there was a growing awareness of the problems associated with environmental contamination. The program incentivizes private industry to do things that were not in their economic best interest, but allowed companies to offset some of their normal corporate tax through a tax credit. He said the State also agreed to allow a tax exempt entity, such as a local government, that participates in a clean up to transfer or sell the tax credits to private industry. 6.2 Accept a Gas Utility Easement from Cedar Hill Apartment, for the construction, installation, and maintenance of gas utility facilities on real property located at 851 E. Klosterman Road, Tarpon Springs, FL, 34689 and adopt Resolution 22-04. Cedar Hill Apartment (Grantor) has granted a non-exclusive five-foot wide natural gas easement, on property located at 851 E. Klosterman Rd, Tarpon Springs, FL, 34689 (Parcel ID# 19-27-16-89442-000-0270) for the installation of a natural gas distribution line. This line will serve residential apartments. 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. 6.3 Accept a Gas Utility Easement from City Square LLC, for the construction, installation, and maintenance of gas utility facilities on real property located at 512 Cleveland Street, Clearwater FL, 33755 and adopt Resolution 22-05. City Square, LLC (Grantor) has granted a non-exclusive five-foot wide natural gas easement, on property located at 512 Cleveland Street, Clearwater FL, 33755 (Parcel ID# 16-29-15-32274-005-0040) for the installation of a natural gas distribution line. This line will serve commercial business. 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. 7. Parks and Recreation 7.1 Authorize a Guaranteed Maximum Price proposal to Khors Construction, Inc., of Pinellas Park, FL, for the construction of a new pier and floating docks at the Clearwater Community Sailing Center (CCSC) located at 1001 Gulf Boulevard in the amount of $728,222.00 which includes a 10% contingency, pursuant to RFQ 40-20, Construction Manager at Risk (CMAR) Services for Continuing Contracts; approve a first quarter budget amendment to transfer $102,851.67 from project 93673 - Jack Russell Stadium Improvements, $230,000 from project 93499 - Pier 60/Sailing Center Maintenance, and Page 9 City of Clearwater Council Work Session Meeting Minutes January 18, 2022 allocate $400,000 from general fund reserves all transferred to project C2210 -Sailing Center Dock Replacement and authorize the appropriate officials to execute same. (consent) The City and Clearwater Community Sailing Center Association Inc. (CCSC) initially entered into an agreement in 2002. On August 6, 2020, the City Council approved a management agreement between the City and CCSC for continued use of the Sailing Center. Under this agreement, as well as previous agreements with CCSC, the City is responsible for the capital maintenance of the building, piers, and docks. There are two docks used by CCSC: one to the north and one to the south of the property. Both docks require replacement and are deemed to be unsuitable for continued use by patrons of the Sailing Center due to structural and appearance issues. While not included in this proposal, the Sailing Center building will require some major renovations at a later time, including a new roof, structural repairs to the building and replacement of metal railing as well as interior renovations. On September 17, 2020, Council approved the award of RFQ 40-20, Construction Manager at Risk (CMAR) Services for Continuing Contracts to thirteen firms with Khors Construction, Inc., being one of the thirteen firms selected. This contract will include the removal of the existing docks, decking, pilings, supports, and concrete associated with both the north and south docks, and replaces both with new boardwalks and floating concrete docks, water and electrical services, lighting, handrails etc. The pier and docks will be rebuilt in the same location as they currently exist. This is a 120-day contract, however it will not commence until approval of all permits necessary to construct the new docks have been secured, which may take four to six months. Staff is requesting that the balance of funds allocated to Jack Russell Stadium Improvements of$102,851.67 be transferred to address a more pressing need at the Sailing Center as the scope of the Jack Russell project has changed to include only the restroom renovations which have been completed. Funding of $230,000 in the Pier 60/Sailing Center R&R project will be transferred to a new project established to account for this capital upgrade (C2210, Sailing Center Dock Replacement). The remaining funding to cover the contract costs and 10% contingency are being requested from an allocation of general fund reserves in the amount of$400,000. Page 10 City of Clearwater Council Work Session Meeting Minutes January 18, 2022 APPROPRIATION CODE AND AMOUNT: A first quarter budget amendment will provide a transfer of$102,851.67 from project 93673, Jack Russell Stadium Improvements, $230,000 from project 93499, Pier 60/Sailing Center, and an allocation of$400,000 of General Fund reserves all transferred to project C2210, Sailing Center Dock Replacement. USE OF RESERVE FUNDS: Funding for this contract will be provided by a first quarter budget amendment allocating General Fund reserves in the amount of$400,000 to capital improvement project C2210, Sailing Center Dock Replacement. Inclusive of this item if approved, a net total of$716,980 of General Fund reserves has been appropriated by Council to fund expenditures in the 2021/22 operating budget. The remaining balance in General Fund reserves after the 8.5% reserve is approximately $43.4 million, or 26.3% of the current General Fund operating budget. In response to questions, Parks and Recreation Director Jim Halios said staff was addressing further years out within the capital improvement project process but the project was moved up because two docks need be replaced. Replacing both docks at the same would be cost effective. Based on the level of use by Saint Petersburg College and Clearwater High School, staff determined there is no need to upgrade the bathroom facilities at Jack Russell at this time. He said Jack Russell is not a park facility as it is not open to the public. 7.2 Approve First Amendment to Lease Agreement between Clearwater For Youth, Inc. and the City of Clearwater, to provide additional office space and clarify agreement language, and authorize the appropriate officials to execute same. (consent) On April 21, 2005, the Council approved a 5-year Agreement between Clearwater For Youth, Inc. (CFY), and the City of Clearwater, which expired on January 31, 2010, and has been successfully renewed for additional five-year periods since that time. The original Lease Agreement allowed for CFY to utilize offices located at the Long Center as a base for their operations, and to provide financial support to the CFY through in-kind services of general office space and utility services. This Amendment to the Lease Agreement will provide for additional language which clarifies the provided utility services by the City and provides for additional leased space for the CFY which is required due to their growing business Page 11 City of Clearwater Council Work Session Meeting Minutes January 18, 2022 needs. In exchange, CFY will contribute an additional $100,000 annually to support various City Co-Sponsored Organizations, which benefit various youth programs throughout the community. Staff recommends amending the current lease agreement to provide for additional office space, and to provide clarification of the in-kind services provided by the City. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A In response to questions, the City Attorney said Vice Mayor Hamilton, as a Clearwater for Youth Board Member, does not have a voting conflict. Parks and Recreation Director Jim Halios said when facilities are leased to other organizations, the City pays for the utilities. He said most organizations operate during the City's operating hours. Staff was directed to take the item off the Consent Agenda. 7.3 Approve Second Amendment to Lease Agreement between Clearwater Golf Club, LLC and the City of Clearwater to increase the length of the Agreement by ten years, from May 1, 2011 through April 30, 2041, set a schedule to complete additional improvements to the course by the Club, and authorize the appropriate officials to execute same. (consent) On April 26, 2011, the Council approved a 20-year Agreement between Clearwater Golf Club, LLC. (Club) and the City for the operation of the property known as the Clearwater Country Club, including an annual lease payment of 3% of gross revenue, and improvements to the course totaling approximately $1.1 million dollars. Staff has found that the Club's performance to be excellent including adhering to all terms and provisions of the current Agreement including the improvements to the course of approximately $1.1 million. Some of the capital investments included renovation of the irrigation systems, bunkers, greens, drainage, parking lot, on course restrooms, clubhouse dining and public areas, mechanical systems in the building and construction and replacement of two pedestrian bridges, a new maintenance building and the purchase of new modernized maintenance equipment. Page 12 City of Clearwater Council Work Session Meeting Minutes January 18, 2022 The City and Club have determined that additional capital improvements of approximately $1.2 million are needed to convert the tees, driving range and fairways to a different grass variety which is easier to maintain, more drought tolerant requiring less water; replace the cart paths; provide capital maintenance to the parking lots, pedestrian bridges, HVAC system, and clubhouse. Staff recommends amending the current agreement to allow the Club an additional ten years for the improvements they are making to the club. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A 8. Police Department 8.1 Appoint Michael Kachurik to the Board of Trustees, Clearwater Police Supplementary Pension Plan, in accordance with Florida Statute 185.05. (consent) In keeping with the provision of Florida Statute 185.05, which states in part " ...the board of trustees shall consist of five members, two of whom, unless otherwise prohibited by law, shall be legal residents of the municipality, who shall be appointed by the legislative body of the municipality..." Trustee Dirk Curls has indicated to the Board that he did not want to continue to serve on the Board of Trustees of the Clearwater Police Supplementary Pension Plan. His term expired on October 31, 2021. Michael Kachurik, who is a legal resident in the City of Clearwater, has agreed to fill the seat vacated by Dirk Curls. The Board of Trustees of the Clearwater Police Supplementary Pension Plan recommends that Clearwater resident (verified) Michael Kachurik be appointed to the Board of Trustees. Mr. Kachurik has agreed to complete a four 4-year term as trustee, replacing Dirk Curls, for the period commencing January 20, 2022, to October 31, 2025. 8.2 Approve an agreement between the City of Clearwater and Flock Safety of Atlanta, Georgia, for License Plate Reader (LPR) equipment, monitoring and maintenance, in an amount not to exceed $200,000.00, to commence upon execution of the contract and expire four calendar years after the execution date, pursuant to City Code of Ordinances Section 2.563(1)(a), Single Source, and authorize the appropriate officials to execute Page 13 City of Clearwater Council Work Session Meeting Minutes January 18, 2022 same. (consent) On February 20, 2020, City Council authorized the purchase of technology and equipment to implement and construct a Real Time Crime Center (RTCC) within the main police headquarters building. The RTCC provides all facets of the agency with live intelligence relating to emerging criminal threats, threats to citizen/officer safety, and provides investigative leads using security cameras, LPR cameras and various databases. CPD concluded a no-cost testing and evaluation period with the Flock Safety LPR equipment in August 2021. During the testing and evaluation period, the Flock Safety LPR has generated the following activity as of December 21, 2021: 62 recovered stolen vehicles, 20 recovered stolen tags, 20 wanted persons, 15 other incidents (Baker Act assessments and missing / recovered subjects), and 5 recovered stolen firearms. The system has directly led to 106 total arrests and the recovery of approximately $1,200,222 worth of stolen property. Based upon this trial period and consultation with the City's IT Department, CPD seeks approval to enter into an agreement with Flock Safety to provide equipment and maintenance for 20 Flock LPR cameras, mounting poles and power sources (solar) at a cost of$50,000.00 per year. The initial term for these services is 12 months with the option to renew by mutual agreement for three additional one-year terms. This purchase is eligible for single source consideration because The Flock Safety product is unique in its ability to function continuously using solar power exclusively. The use of solar power is both environmentally friendly and uniquely ensures the reliability of the product. the Flock Safety product is also the only product available today that directly integrates with CPD's existing "Axon Evidence.com" digital evidence management system and CPD's in-car Axon Fleet 3 mobile-video camera system. CPD anticipated this partnership and has funds available for the first year of this agreement. Future fiscal year funding will be required through the annual operating budget process. APPROPRIATION CODE AND AMOUNT: Budgeted funds for FY22 are available through 0101121-544100 Rentals-Equipment. Future fiscal year funding will be required through the annual operating budget process. 9. Engineering Page 14 City of Clearwater Council Work Session Meeting Minutes January 18, 2022 9.1 Approve the request from the owner of property addressed 2637 Winding Wood Drive, Clearwater to vacate 12 feet of a platted Drainage and Utility Easement, located on lot 52, Cypress Bend of Countryside Unit One, according to the plat thereof as recorded in Plat Book 76, Page 10, of the Public Records of Pinellas County, Florida, and pass Ordinance 9527-22 on first reading. The property owner at 2637 Winding Wood Dr., Clearwater has requested that the City vacate 12 feet of a platted Drainage and Utility Easement along the rear of their property. The purpose of this vacation will be to eliminate an encroachment of the existing patio pavers. There are no city utilities present within this easement. All private utility companies have no objection to the vacation provided the property owner grants easement or bears expense of facility relocation, if required. The remaining easement will be sufficient for drainage & utility purposes and future city needs. City staff have reviewed this vacation and have no objection. 9.2 Approve the final plat for Unity Church and Discovery Academy of Science, whose physical address is 2465 Nursery Road and located on the southwest corner of Nursery Road and South Haven Drive. (consent) This plat is a partial replat and will create 2 lots on the property located at 2465 Nursery Road. Lot 1 is approximately 2 acres with plans for future use as a place of worship use. Lot 2 is approximately 5 acres planned for a proposed expansion of the existing school. This plat was approved through the Development Review Committee on October 18, 2021. 9.3 Approve a purchase order increase to Parkmobile, LLC of Atlanta, Ga, for reimbursement of transaction fees for mobile parking in the amount of$135,000 for a new total of$356,060.00, pursuant to Clearwater Code of Ordinances Section 2.563 (1) (c), Piggyback, and authorize the appropriate officials to execute same. (consent) June 18, 2020, City Council approved a Parking Service Agreement for pay-by-cell technology between the City of Clearwater and Parkmobile in an amount not to exceed $221,060.00 for the period of July 9, 2020 through January 31, 2023. Use of the Parkmobile parking application has an end user fee of$0.35 per transaction which is charged to the end user. All transaction Page 15 City of Clearwater Council Work Session Meeting Minutes January 18, 2022 revenue is paid to the Parking Division, including the transaction fee which the City later reimburses to Parkmobile. The initial amount was estimated on usage of 631,600 transactions. Since the purchase order was approved, the use of contactless payments has increased, and the usage of coin has drastically decreased due to the pandemic. Also, single spaced meters were replaced by multi-space pay stations increasing the number of patrons choosing to use the mobile application. It is now projected that expected transactions between February 2022 through January 31, 2023, will be 546,000, an increase of about 385,714 transactions at $0.35. With the new projection, the Parking Division is requesting an increase of $135,000 for a new total of$356,060.00. APPROPRIATION CODE AND AMOUNT: 4351333-530300 $135,000 Funds are available in cost code 4351333-530300,-Contractual Services, to fund this increase. Future year funds will be requested as part of the budget process. In response to questions, Parking Manager Jeremy Alleshouse said the City does not prepay, the City collects the fees and pays Parkmobile monthly. Assistant City Manager Micah Maxwell said the contract exceeds the City Manager's purchasing authority and reason why it is before Council. Mr. Alleshouse said the fee is waived for residents. 9.4 Approve Supplemental Work Order 1 to Advanced Engineering and Design, Inc., of Pinellas Park, FL, for additional design of Nash Street and Old Clearwater Bay Improvements in the amount of$129,974.90 for a new contract total of$675,763.91 pursuant to Request for Qualifications (RFQ) 29-20 and authorize the appropriate officials to execute same. (consent) The existing stormwater infrastructure in the Old Clearwater Bay and Nash Street neighborhoods is nearing the end of their useful lifespan. The project will consist of replacing and or improving the potable water, wastewater, stormwater systems, and reconstruction of the roadway, providing reliable infrastructure for many years. February 4, 2021, City Council approved RFQ 29-20 Nash Street and Old Clearwater Bay Improvements to Advanced Engineering for initial design work order in the amount of$545,789.01. Supplemental work order 1 includes addition of a reclaimed water distribution network within the Nash Street portion of the project. Scope includes design, cost estimating, construction drawings, specifications, bid documents, as-needed permit acquisition and limited construction phase services through Page 16 City of Clearwater Council Work Session Meeting Minutes January 18, 2022 the duration of the project. This proposed expansion of the reclaim water system supports the City's Water Reclamation Facility Master Plan as well as new legislation, SB 64, eliminating nonbeneficial discharge of reclaim water to surface waters of the state. The construction portion of this project will be bid using two separate contracts, the Nash St. portion followed by the Old Clearwater Bay portion. Design of the Gulf to Bay Estates neighborhood (referred to as Nash St.) has begun. APPROPRIATION CODE AND AMOUNT: 32173217-530100-96739 $129,974.90 Funds are available in capital improvement project in amounts of$129,974.90 in 96739, Reclaimed Water Distribution System, to fund this work order. In response to questions, Public Utilities Director Rich Garner said the City will inform impacted customers closer to the start of construction. Engineering Assistant Director Elliot Shoberg said the project should be complete in a year and a half. The original work order did not include reclaimed water for Nash Street. Mr. Gardner said a reclaimed water master plan will determine where distribution lines will be located in the future. He anticipates a master plan to be available in about three years. He said the city uses less than 50% of available reclaimed water and has until 2032 to fully implement the mandates in Senate Bill 64. 9.5 Approve a work order to Mead and Hunt, Inc. of Tampa, FL, for the Citywide Transportation Mobility Assessment (21-0036-EN) in the amount of$352,800.00 pursuant to Request for Qualifications (RFQ) 26-19, Engineer of Record Continuing Services (EOR), and authorize the appropriate officials to execute same. (consent) The citywide traffic model developed under this task order will serve as the baseline for future improvements and modifications and includes multimodal gaps analysis to determine the difference between existing conditions and future transportation visions. The key components of a mobility assessment are data collection, development of traffic software models, and analyses to document current transportation system performance. With the assessment, the City will be provided the tools to evaluate all proposed changes to the transportation system and have the flexibility to perform the evaluation for the entire city or for a specific area of the city. The existing conditions effort will include developing special event traffic management plans, reviewing FDOT signal timing plans, assessing optimal intersection traffic control needs and identifying physical or operational improvements at congested intersections. The future conditions effort will develop a holistic look at future citywide mobility needs including future travel demand, complete streets implementation, beach front traffic street patterns, east-west mobility needs and alternatives, and intermodal integration of the Page 17 City of Clearwater Council Work Session Meeting Minutes January 18, 2022 mobility hub. The outcome will identify realistic and innovative transportation investments, capital programming and project prioritization. On June 20, 2019, City Council awarded RFQ 26-19, EOR Continuing Services, with Mead & Hunt as one of the awarded firms. This mobility assessment effort is anticipated to be completed in just under a year, by November 2022. APPROPRIATION CODE AND AMOUNT: EN RD 180005-STDY-PROSVC Funds are available in Capital Improvement Project ENRD180005, City-wide Intersection Improvements, to fund the work order. In response to questions, Engineering Director Tara Kivett said the firm will look at the city as a whole. The State and County only obtain data for their roads. She said staff wants to own the data and be more regionally relevant in mobility assessments moving forward. The beach and one-way pairs and other creative solutions to address traffic problems will be addressed. Staff anticipates the study will be completed by the end of the year. The study would be independent of what is being done to address Drew Street. 9.6 Approve a Road Transfer Interlocal Agreement (Agreement), which includes, as an exhibit, an Assignment of Easement Agreement, between Pinellas County, Florida (County) and the City of Clearwater (City), which will be presented to the Board of County Commissioners for consideration, and authorize the appropriate officials to execute same. (consent) Over the years, annexations and road transfers have caused confusion regarding the jurisdiction and responsibility for operating and maintaining roadways in Pinellas County (including its twenty-four municipalities). Therefore, Pinellas County engaged the Center for Urban Transportation Research at the University of South Florida to aid in addressing transportation planning and roadway policy initiatives in the county. The goals of the policy include: Simplifying and clarifying the system of jurisdiction to better provide services to the citizens and to facilitate better understanding among county and municipal officials. Ensuring a logical road network recognizing the importance and efficiency of connectivity and facility functional classification. Maintaining or increasing the fairness of the system as it related to the associated costs of roadway operations and maintenance. Ensuring equity in the treatment of each jurisdiction. Understanding that all transfer of existing responsibilities must be in accordance Page 18 City of Clearwater Council Work Session Meeting Minutes January 18, 2022 with Florida Statute and be mutually agreed upon (required by Ch. 335.0415 F.S.). As a result, city and county staff have been cooperating for a period of years to provide for the transfer of certain road segments and related easement interests, from the County to the City to establish jurisdiction and provide for proper operation and maintenance (O&M) of said roads and easements. The Agreement contains the specific road segments and associated easements that staff determined as appropriate for formal transfer to the City for O&M purposes. As stated, due to circumstances such as annexations, the subject road segments have been, for all practical purposes, maintained by the City. This Agreement formalizes the jurisdictional control of the segments, which join segments already within the control and responsibility of the City. 9.7 Ratify and confirm purchase order to Engineer of Record (EOR) Hazen and Sawyer, of Tampa, Florida, for Engineering support for the Marshall Street (MS) and Northeast (NE) Water Reclamation Facilities (WRF) Digester Covers Evaluation and Repairs Project (21-0022-UT) in the amount of$180,000.00 per City Manager's approval of emergency procurement, Clearwater Code of Ordinances Section 2.563(1)(k) and authorize the appropriate officials to execute same. (consent) The City of Clearwater has two anaerobic digester tanks at its NE and MS WRF's that convert organic matter into stabilized biosolids and methane (or biogas). The digesters are releasing small amounts of methane into the atmosphere through suspected leaks in their floating covers. The methane produced by the digesters is flammable and when mixed with air, can cause explosive conditions. Due to the potential threat to the plants and public safety, the City Manager approved emergency procurement for engineering and construction services to correct the issues. The purchase order to Hazen & Sawyer (H&S) is to support the City's contractor's required bypassing of the digesters, content removal, cleaning, and inspection to complete the necessary repairs. Once repairs are made, the digester process will be placed back into service. H&S's efforts will also include support in managing the produced sludge while the digesters are offline. The City plans to hire Rowland, Inc. to perform the construction work to remediate the emergency at an estimated cost of$725,000.00. Engineering will return to City Council later requesting approval to ratify and confirm the actual construction cost once complete. The work is anticipated to last up to three months and will be completed on a Page 19 City of Clearwater Council Work Session Meeting Minutes January 18, 2022 time and material basis using rates included in the existing 2019 EOR Professional Services Agreement and the existing 2018 Sewer Point Repairs Contract for H&S and Rowland, respectively. APPROPRIATION CODE AND AMOUNT: 327-530100-96664 $180,000.00 Funds are available in Utility Renewal and Replacement Project 96664, Water Pollution Control Renewal and Replacement, to fund this purchase order. 9.8 Approve the First Amendment to Contract for Purchase of Real Property by the City of Clearwater, by and between the City (City) and Covenant Property Investors, LLC, (Covenant) (collectively, the Parties), amending that certain Contract for Purchase of Real Property between the parties entered into on September 22, 2021 (the Contract), providing for the extension of time to close the sale contemplated therein of a city-owned Parking Condominium containing 450 public parking spaces, (Parking Unit) located at 490 Poinsettia Street, Clearwater; and authorize the appropriate officials to execute same, together with all other instruments required to affect closing. (consent) On June 17, 2021, the City Council declared the Parking Unit surplus for the purpose of sale through Invitation to Bid #46-21, whereby the successful bid was required to meet the terms set by Council. Covenant was the successful bidder and, accordingly, entered into the Contract with the City. Unforeseen circumstances outside of the control of the Parties have arisen, specifically, litigation has been filed in the Sixth Judicial Circuit, Pinellas County, Florida, styled SCI Pelican Walk LLC v. The City of Clearwater, et. al., (Case) naming the City and Covenant as co-defendants. In short, the substance of the Case challenges the City bid process. The pending case creates a cloud on title. The Parties now wish to extend the Closing Date as defined in the Contract until such time as the property can be conveyed with clear title. Accordingly, the Amendment contemplates, in relevant part, "The Closing Date as defined in Section 10 of the Agreement is hereby amended to be sixty days after the earlier of(i) the dismissal of that certain case pending in the Sixth Judicial Circuit, Pinellas County, Florida, styled, SCI Pelican Walk LLC v. The City of Clearwater, et. al., Case Number 2021-004719-CI (the Lawsuit), or other resolution of the case that is acceptable to the Parties, or (ii) February 1, 2023." City staff recommends extension of the Closing Date and approval of the Amendment. The council recessed from 10:59 a.m. to 11:09 a.m. 10. Planning 10.1 Provide direction on the proposed first amendment to an existing Development Agreement between A P Beach Properties, LLC (the property owner) and the City of Page 20 City of Clearwater Council Work Session Meeting Minutes January 18, 2022 Clearwater for property located at 401/405/415/419 Coronado Drive and 406/410/420 Hamden Drive, which includes a revision to Exhibit B to provide new conceptual site plans and elevations, expands the overall size of the site and reduces overall density, and sets a new date by which time site plan approval must be obtained; and confirm a second public hearing in City Council Chambers before City Council on February 3, 2022 at 6:00 p.m., or as soon thereafter as may be heard. (HDA2013-08006A) Site Location and Existing Conditions: The 1.759-acre site is comprised of eight parcels, five of which were included in the original Development Agreement and an additional three proposed to be integrated into the overall site design through this amendment. The subject site is bounded by and has frontage along the following streets: approximately 420 feet of frontage along Coronado Drive (west), 370 feet of frontage along Hamden Drive (east), and 220 feet of frontage along Fifth Street (north). The larger (original) site is occupied by a surface parking lot, and the three smaller adjacent parcels (new) are largely vacant with the exception of some pavement. The overall subject site is zoned Tourist (T) District with an underlying future land use category of Resort Facilities High (RFH) and is also located within the Small Motel District of Beach by Design. Access to the surface parking lot on the original site is currently provided by one two-way driveway centrally located along Fifth Street and a second one along Hamden Drive at the southeast corner of the lot. Non-compliant parking exists along Hamden Drive where parking spaces exist partially or wholly within, and back out into, the Hamden Drive right-of-way. The larger area is characterized by a variety of uses including overnight accommodations, retail, outdoor recreation and entertainment, restaurant and attached dwelling uses with heights ranging from one to 15 stories. The immediate area is characterized by one- to two- story hotels. A five-story attached dwelling is located at the northeast corner of Bayside Drive and Hamden Drive. Detached dwellings are located farther along the length of Bayside Drive where it changes zoning from Tourist (T) District to Low Medium Density Residential (LMDR) District. The City's Beach Walk project, to the west, has been constructed transforming South Gulfview Boulevard to the north of this site into a winding beachside promenade with lush landscaping, artistic touches and clear views to Clearwater's award-winning beach and the water beyond. Coronado Drive has largely been improved according to Beach by Design. Site History: It is important to note that a primary component of this amendment proposes the inclusion of three additional adjacent parcels addressed collectively as 410/420 Hamden Drive (Parcel IDs 08-29-15-17622-000-0100, 08-29-15-17622-000-0090 and 08-29-15-17622-000-0080). At the time of approval of HDA2013-08006, these three parcels were under separate ownership from the five parcels originally included in the Development Agreement. Therefore, these properties have different approval histories as outlined below. Page 21 City of Clearwater Council Work Session Meeting Minutes January 18, 2022 401/405/415/419 Coronado Drive and 406 Hamden Drive (original site): ➢ On April 19, 2011, the CDB approved a Level 11 Flexible Development application (FLD2011-02005) for a surface parking lot which has been constructed. ➢ On September 18, 2014, the City Council approved the allocation of up to 100 units from the Hotel Density Reserve under Beach by Design (Case No. HDA2013-08006) and adopted a resolution to the same effect (Res. No. 14-25). The owners proposed to develop the site with a 166 -unit overnight accommodations use with associated accessory/amenity uses including commercial space, restaurant, meeting rooms, exercise room and the like. ➢ On July 21, 2015, the Community Development Board (CDB) approved a Level 11 Flexible Development application (FLD2015-05016) for a 166 -room overnight accommodations use in the Tourist (T) District. A series of extension requests have been approved extending the validity of the issued Development Order until December 10, 2022. 410/420 Hamden Drive (additional three parcels): ➢ On December 28, 2018, the Community Development Coordinator approved a Level I Flexible Standard Development application (FLS2018 -05024)for a surface parking lot for property including that as located at 410/420 Hamden Drive (Community Development Code Section 2- 802.0). Required deadlines were not met and that approval expired. ➢ On November 17, 2020, the Community Development Board (CDB) approved a Level 11 Transfer of Development Rights (TDR2020-07002) which transferred four hotel units from 410 Hamden Drive (Parcel ID 08- 29-15-17622-000-0100) and seven hotel units from one of the two parcels comprising 420 Hamden Drive (Parcel ID 08-29-15-17622-000- 0080), all to property located at 400/405/408/409/411 East Shore Drive. ➢ On October 19, 2021, the Community Development Board (CDB) approved a Level 11 Transfer of Development Rights (TDR2021-08004) which transferred the remaining two dwelling units from 410 and 420 Hamden Drive (Parcel IDs 08-29-15-17622-000-0100, 08-29-15-17622- 000-0090 and 08-29-15-17622-000-0080) to property located at 619/629/631/635 Mandalay. The two above approved TDR applications removed all development potential from these three additional parcels. Development Proposal: This proposed first amendment will add three parcels (located centrally along Hamden Drive) totaling 0.44 acres to the original site, increasing the area from 1.32 acres to 1.759 acres. The owners propose to utilize the otherwise permitted density of 50 units per acre or 66 units associated with the original 1.32 acres and incorporate the previously approved allocation of an additional 100 units from the Hotel Density Reserve through Beach by Design resulting in Page 22 City of Clearwater Council Work Session Meeting Minutes January 18, 2022 a total of 166 units as originally approved. As previously discussed, the three new parcels do not have remaining development potential. With the incorporation of these parcels, the subject site's density (hotel units per acre) will decrease from 125.75 hotel units per acre to 94.32 units per acre. The additional property will enable the applicant to provide a more efficient building and parking layout. The request includes a new conceptual site plan and accompanying building elevations (Exhibit B) and certain changes to the Development Agreement as listed below. • Fifth Recital is updated to provide an increase in project area to 1.759 acres. • Sixth Recital is updated because the proposed demolition of a hotel in the original agreement is no longer applicable as that hotel has since been demolished. This revised recital also reflects the provision of a minimum of 50 parking spaces for use by the public. • Section 3.3 is updated to reflect the addresses of the three additional lots. • Section 4.2 is updated to show an increase in provided parking spaces. The number of spaces required (199 spaces) has not increased; however, the applicant is committing to providing more parking than otherwise required by providing a minimum of 50 spaces available for use by the public. • Exhibit A is updated to provide a revised legal description which includes the three additional lots. • Exhibit B is updated to reflect the three additional lots on the conceptual site plan and elevations. The current proposal will result in the removal of the existing surface parking lot and redevelop the site with a 166-unit overnight accommodations use (94.32 hotel units per acre, including the previously approved allocation of 100 rooms from the Hotel Density Reserve). The building will be 100 feet as measured from the point at which minimum floor elevations have been established by law (design flood elevation) to flat roof with the parking located on the first four levels. The proposal continues to include a tropical modern architecture, which is consistent with and complements the tropical vernacular envisioned in Beach by Design. The site will be accessed via a two-way driveway from Hamden Drive at the southeast corner of the property which will provide access to the parking garage component of the development. A one-way ingress is provided centrally along the north side of the site along Fifth Street which also provides access to the parking garage as well as an underbuilding drop off area. The egress point for the drop off area is also located along Fifth Street. A one-way egress from the parking garage is provided at the northeast quadrant of the side along Hamden Drive. The primary pedestrian entrance is located at the northwest corner of the site. The northwest corner of the building on the ground floor is the lobby. As noted, the first four floors of the building will contain a parking garage as well as miscellaneous back-of-house components such as maintenance rooms and Page 23 City of Clearwater Council Work Session Meeting Minutes January 18, 2022 laundry facilities. The fifth floor will include a pool and pool deck (over parking, centrally located along west side of the building). Floors six through nine will be dedicated almost entirely to hotel rooms. Consistency with the Community Development Code (CDC): Minimum Lot Area and Width: Pursuant to CDC Table 2-802, the minimum required lot area and width for an overnight accommodations use is 20,000 square feet and between 100 and 150 feet, respectively. The subject property is 76,665 square feet in area and approximately 420 feet wide. The site is consistent with these Code provisions. Minimum Setbacks: The conceptual site plan depicts setbacks of 15 feet to building along the front (north and east) along Fifth Street and Hamden Drive, respectively, and 10 feet to building along all other remaining sides of the site including along Coronado Drive. The proposed setbacks may be approved as part of a Level One (FLS) application, subject to meeting the applicable flexibility criteria of the Community Development Code; however, other elements such as height will require the project to be a Level Two (FLD) application. Maximum Height: Section B of the Design Guidelines within Beach by Design specifically addresses height. The proposal provides for a building 100 feet in height as measured from the design flood elevation where a height of up to 100 feet is permitted as prescribed by the CDC (subject to meeting the applicable flexibility criteria of the CDC and as approved as part of a Level II Flexible Development application) and limited by Beach by Design. The height of the proposed building is consistent with the guidelines of Beach by Design. Minimum Off-Street Parking: The 166-room overnight accommodations use requires a minimum of 199 off-street parking spaces. A parking garage located on the first four levels of the building will provide 249 spaces, including 50 which are available for public use. This is consistent with the applicable Sections of the CDC. Landscaping: While a formal landscape plan is not required to be submitted for review at this time, the conceptual landscape areas depicted on the site plan show that adequate spaces for foundation landscaping will be provided along all street frontages. Since no perimeter landscape buffers are required in the Tourist (T) District, the proposed landscape areas meet or exceed what is required. It is noted, however, that flexibility may be requested/necessary as part of a Comprehensive Landscape Program which would be reviewed at time of formal site plan approval. Consistency with Beach by Design: Design Guidelines: A review of the provided architectural elevations and massing study was conducted and the proposed building does appear to be generally consistent Page 24 City of Clearwater Council Work Session Meeting Minutes January 18, 2022 with the applicable Design Guidelines established in Beach by Design. It is noted, however, that a more formal review of these Guidelines will need to be conducted as part of the final site plan approval process. Hotel Density Reserve: The project has been reviewed for compliance with those criteria established within Beach by Design concerning the allocation of hotel rooms from the Reserve. The project appears to be generally consistent with those criteria, including that the development complies with the Metropolitan Planning Organization's (MPO) countywide approach to the application of traffic concurrency management for transportation facilities. The submitted Traffic Impact Study concludes that traffic operations at nearby intersections and on adjacent roadways would continue at acceptable levels of service. Staff must note that the three added parcels have had, or are in the process of having, all development potential transferred to other properties within the Beach by Design planning area. Beach by Design Section V.13.2 provides that "Those properties and/or developments that have had density transferred off to another property and/or development(s) through an approved Transfer of Development Rights (TDR) application by the City after December 31, 2007, are not eligible to have rooms allocated from the Reserve." Staff believes that the intent of this provision is to prevent a property owner from selling off development potential and then requesting units from the Reserve thereby profiting from the Reserve. The three parcels to be incorporated were not in common ownership at the time the 100 units were allocated to the original site, and the inclusion of the parcels will result in the overall site density (units per acre) decreasing; therefore, the project does not utilize these lots for development potential at all. The primary purpose of adding these parcels is to provide the opportunity to provide a more efficient parking garage layout which will allow for the provision of all required parking spaces as well as a minimum of 50 spaces for use by the public. In short, the proposal provides for a scenario that Staff believes was not considered at the time that Beach by Design was written. Staff believes that the proposal meets the intent of Beach by Design and that approval of the request should be considered. 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 HDA2013- 08006/Resolution No. 14-25); • Revises Exhibit B which includes new conceptual site plans, architectural drawings, elevations and perspectives; Page 25 City of Clearwater Council Work Session Meeting Minutes January 18, 2022 • Requires the developer to obtain building permits within one year of approval of the amended and restated Development Agreement and certificates of occupancy in accordance with Community Development Code (CDC) Section 4-407; • Requires the return of any hotel unit obtained from the Hotel Density Reserve that is not constructed; • Prohibits the conversion of any hotel unit allocated from the Hotel Density Reserve to a residential use and requires the recording of a covenant restricting use of such hotel units to overnight accommodations 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. I, 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. Summary and Recommendation The proposal appears to be generally consistent with applicable components of the Community Development Code and Beach by Design and staff is supportive of the request. In response to a question, Senior Planner Mark Parry said the three parcels are privately owned and have no development potential. City code relegates development potential to floor area commercial uses, hotel density, or residential density. The parcels do not have any of those items, their uses are very limited. 10.2Approve the proposed second amendment to an existing Development Agreement between the City of Clearwater and N E S C LLC (as assigned by Louis Developments LLC) which provides for certain changes which will permit eight of 32 marina slips at this overnight accommodation to be used for limited commercial purposes; adopt Resolution 22-02, and authorize the appropriate officials to execute same. (DVA2012-03001 B; 443/455 East Shore Drive) Site Location and Existing Conditions: The 1.260-acre site is located primarily on the east side of East Shore Drive at the northeast corner of East Shore Drive and Papaya Street. An approximately 0.265-acre portion of the site is located on the west side of East Shore Drive. Page 26 City of Clearwater Council Work Session Meeting Minutes January 18, 2022 The subject property is comprised of one parcel with a frontage of approximately 300 feet along East Shore Drive. The subject property is zoned Tourist (T) District and is located within the Marina District of Beach by Design. The immediate area is characterized by a variety of uses including overnight accommodation, retail, outdoor recreation and entertainment, restaurant and attached dwelling uses with heights ranging from one to three stories. The site has been developed with a 139-unit hotel and 50-slip dock on the east side of East Shore Drive and a parking lot on the west side of East Shore Drive. The site has been developed as consistent with FLD2009-02009 (as amended); FLD2012-03008 (as amended); TDR2018-10001/TDR2018-10002; DVA2012-03001; and H DA2012-03001 A. Site History: ➢ On February 16, 2010, Community Development Board (CDB) approved application FLD2009-02009 to permit the construction of a 7,305 square foot 50-slip dock of which 32 slips will be used as a marina facility to be rented to the public and the remaining 18 slips will be used as commercial dock accessory to existing attached dwellings. Condition number 5 of that approval provided that no tenants conduct any commercial business from any slip in this marina. ➢ On June 19, 2012, the CDB approved FLD2012-03008, a 134-unit overnight accommodation project (which included the allocation of 71 overnight accommodation units from the Hotel Density Reserve) with 6,500 square feet of restaurant use floor area, a building height of 85.5 feet, 193 off-street parking spaces, and flexibility from setback and landscape requirements. At that same meeting the CDB also recommended approval to the City Council of a Development Agreement (DVA2012-03001) for the allocation of 71 hotel units from the Hotel Density Reserve. ➢ On July 19, 2012, the City Council approved a Development Agreement along with a concept plan and elevations as part of application DVA2012- 03001 for the allocation of 71 hotel units from the Hotel Density Reserve. ➢ On August 10, 2018, the applicant's representative sent a Notice of Assignment of Development Agreement by Louis Developments LLC to N E S C LLC to the City. Copies of the Assignment and Assumption as well as a release of Developer's Obligation under Hotel Density Reserve Development Agreement (dated August 7, 2018)were subsequently submitted to the City. ➢ On December 18, 2018, the CDB approved applications FLD2012- 03008A/TDR2018-10001/TDR2018-10002 which transferred five hotel units to the site increase the total number of units from 134 to 139. No changes to the conceptual site plan or elevations were proposed. ➢ On January 17, 2019, the Council approved the first amendment to the approved Development Agreement (HDA2012-03001 A) which increased the total number of overnight accommodation units from 134 to 139. The additional five hotel units were transferred to the site as part of a transfer of Page 27 City of Clearwater Council Work Session Meeting Minutes January 18, 2022 development rights (TDR2018-10001/TDR2018-10002) and included amendments to an approved Flexible Development application (FLD2012- 03008A). No changes to the conceptual site plan or elevations were proposed. Please note the case was erroneously assigned a case number under "HDA" when it should have been "DVA". The current request case number reverts to the more appropriate and accurate "DVA" assignment. ➢ On October 19, 2021, the CDB approved a request of reconsideration of condition five of approved FLD2009-02009 to allow for limited licensed, captained/guided commercial operations out of eight of the marina slips. The current request for a second amendment to an existing Development Agreement is required as part of the process to formalize the approved reconsideration of the aforementioned condition five. It should be noted that the address under which all prior approvals as listed above were submitted was 443 East Shore. When the development was submitted for building permit the address was changed to 455 East Shore Drive. As such, the current Development Agreement application has been submitted under the address of 455 East Shore Drive. Development Proposal: Brian J. Aungst, representative of N E S C LLC (property owner), is requesting a second amendment to the approved Development Agreement (DVA2012-03001) as amended (DVA2012-03001A) for the referenced project located at 455 East Shore Drive. The original Development Agreement, as amended, included a reference to the approved dock (Section 6.1.7) providing the dock would be constructed in accordance with the issued Development Order associated with application FLD2009-02009. As noted, approved application FLD2009-02009 included one condition (condition number 5) which provided "that no tenants conduct any commercial business from any slip in this marina". The applicant has secured approval of a reconsideration of condition five in October 2021. The reconsideration of the condition was approved and amended to read as follows: "That, no more than eight (8) of the 32 marina slips may be used for licensed charter vessels and no more than two (2) of the eight (8) slips may be used for licensed jet ski rentals (guided tours only) with multiple jet skis per slip. The eight (8) slips that may be used for licensed charter vessels pursuant to the terms of this condition shall be located on the southernmost marina slips as depicted on the approved site plan. There shall be no public cleaning or commercial sale of fish or amplified music at the marina." The applicant is requesting a second amendment to the Development Agreement with the following main changes: Page 28 City of Clearwater Council Work Session Meeting Minutes January 18, 2022 • The 12th recital referencing the previously approved dock (FLD2009- 02009) is amended to reference the reconsideration of FLD2009-02009 condition of approval No. 5; • Section 4.5 is amended to permit up to eight marina facility slips to be for limited commercial purposes; • Section 6.1.7 is amended to reference the amendment of FLD2009- 02009 and permit up to eight marina facility slips to be for limited commercial purposes; and • Section 6.1.7.1 is added to clarify the limits and specifics of the noted limited commercial purposes. No other changes are proposed to the agreement. Standards for Development Agreements: The proposal is in compliance with the standards for development agreements, is consistent with the Comprehensive Plan and furthers the vision of beach redevelopment set forth in Beach by Design. The proposed Development Agreement will be in effect for a period not to exceed ten years, meets the criteria for the allocation of rooms from the Hotel Density Reserve under Beach by Design and includes the following main provisions: ■ Amends the agreement to provide that no more than eight of the 32 marina slips may be used for licensed charter vessels and no more than two of those eight slips may be used for licensed jet ski rentals (consisting of guided tours only) with multiple jet skis per slip. In addition, there shall be no public cleaning or commercial sale of fish nor shall there be amplified music at the marina. 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. Summary and Recommendation The proposal is consistent with applicable components of the Community Development Code and Beach by Design and staff is supportive of the request and recommends approval. In response to questions, Senior Planner Mark Parry said if the slips are opened up to tourists, it would be a marina facility and require parking, which Page 29 City of Clearwater Council Work Session Meeting Minutes January 18, 2022 is not the Applicant's intent. The jet ski rentals is supposed to be for hotel guests only. Assistant City Manager Michael Delk said approximately 15 years ago the City opened the provision to allow the creation of commercial slips to rent to increase capacity of the City's waterfront. The property north of the site redeveloped marina and added transient slips. Planning and Development Director Gina Clayton said the slips are accessory to the hotel, the people will not be driving to the property to use the slips. 10.3Approve amendments to the Clearwater Comprehensive Plan creating a new Property Rights Element, modifying the Future Land Use and Housing Elements to support workforce, affordable and "missing middle" housing types, and updating the Coastal Storm Area and Hurricane Storm Surge maps, and pass Ordinance 9515-22 on first reading. (CPA2021-11001) This proposed ordinance creates a new Private Property Rights Element within the Clearwater Comprehensive Plan based on new statutory requirements signed into law on June 29, 2021 through House Bill 59. This new element is required in all local governments' Comprehensive Plans to "ensure that private property rights are considered in local decision-making," and there are four rights which must be considered (Section 163.3177(6)(i)I, Florida Statutes): • The right of a property owner to physically possess and control his or her interests in the property, including easements, leases, or mineral rights. • The right of a property owner to use, maintain, development, and improve his or her property for personal use or for the use of any other person, subject to state law and local ordinances. • The right of the property owner to privacy and to exclude others from the property to protect the owner's possessions and property. • The right of a property owner to dispose of his or her property through sale or gift. The statements provided for in the bill are largely duplicative of rights already protected by the Constitutions of both the United States and the State of Florda as well as Florida's Bert Harris Act. The proposed amendments use the statute's language as policies, an approach being used by many municipalities to comply with the House Bill. Until this new element is adopted, cities cannot adopt any other amendments to their comprehensive plans, including Future Land Use Map amendments. In addition, Ordinance 9215-22 proposes various housing-related amendments in the Future Land Use and Housing Elements, the majority of which address Page 30 City of Clearwater Council Work Session Meeting Minutes January 18, 2022 housing affordability and diversity of housing types, including "missing middle" housing types such as tiny houses, duplexes, courtyard housing, and accessory dwelling units (ADUs). The amendments would allow the City to develop a density bonus for missing middle housing and establish standards in the Community Development Code for accessory dwelling units, which would be exempt from density provisions. Additional amendments support reduced fees for affordable and workforce housing, correct typographical errors and clarify policy intent. Lastly, the Coastal Storm Area and Hurricane Storm Surge Areas maps within the Coastal Element are proposed to be amended to reflect updated Sea, Lake and Overland Surges from Hurricanes (SLOSH) model data from the National Oceanic and Atmospheric Administration (NOAA) effective in 2021. The Planning and Development Department has determined that the proposed Comprehensive Plan amendments are consistent with and further the goals, objectives and policies of the Comprehensive Plan as outlined in the staff report. The Community Development Board (CDB) reviewed the proposed amendments at its meeting on December 21, 2021 and unanimously recommended approval. As this is a text amendment to the Clearwater Comprehensive Plan, review and approval by the Florida Department of Economic Opportunity is required. As part of the state review, the proposed amendments will be transmitted to the various State agencies and Pinellas County for review prior to second reading (adoption) by City Council, which is anticipated to occur in April. 10.4Approve amendments to the Community Development Code addressing recent legislative changes related to home-based businesses, building design review and building permit fees, and supporting the City's affordable and workforce housing initiatives, and pass Ordinance 9514-22 on first reading. (TA2021-11004) The 2021 Florida legislative session passed and enrolled several bills, now effective, which impart certain planning and building requirements. In order to provide clarity or remain consistent with state statutes governing home based businesses, building design review, and building permit fees, certain amendments to the Community Development Code are proposed in Ordinance 9414-22. Staff is also proposing a limited number of amendments to the Code to support the city's affordable and workforce housing initiatives. Proposed Ordinance No. 9514-22 includes the following amendments: Page 31 City of Clearwater Council Work Session Meeting Minutes January 18, 2022 • Repeals existing home occupation regulations and replaces with new home-based business standards consistent with the statutes. • Incorporates "Design Review Board" into Section 5-201 to clarify and affirm this under the powers and duties of the Community Development Board. • Establishes a prorated increase to the current affordable housing density bonus at a rate of 2.5% bonus for each 1% increase in certified affordable units provided between 15% and 25% of total units in a project. • Provides additional reductions in required off-street parking for certain certified affordable housing units. • Requires long-term bicycle parking for affordable housing projects approved with reduced off-street parking in certain situations. • Groups all fee reductions provided for affordable housing projects within a single location of the Code. • Modifies Appendix A Fee Schedule to increase existing and establish new reductions of 50% reduction to plan review and permit fees for projects using a private provider for plan review or inspections, and establishing a 75% reduction to plan review and permit fees for one- and two- family residential projects that are certified affordable housing. The Planning and Development Department has determined that the proposed text amendments to the Community Development Code are consistent with and further the goals, objectives and policies of the Comprehensive Plan and the Community Development Code as outlined in the staff report. The Community Development Board (CDB) reviewed the proposed text amendment at its meeting of December 21, 2021, and unanimously recommended approval. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A In response to questions, Planning and Development Assistant Director Lauren Matzke said the amendments are intended to be targeted amendments because the city already proposed code amendments to address the legislative changes. She said staff worked with Economic Development and Housing to identify quick and simple changes until the comprehensive plan update, Clearwater 2045, was implemented, which she anticipates will identify code change recommendations as it relates to affordable housing needs. The code is currently structured to incentivize mixed income housing projects. She said PSTA in partnership with community representatives determine where transit stops are located. Comment was made that Forward Pinellas makes sure that new developments integrate with transit. Page 32 City of Clearwater Council Work Session Meeting Minutes January 18, 2022 11. Public Utilities 11.1 Declare Laboratory and Maintenance Equipment surplus and authorize the sale of the equipment listed in the Exhibit through either a notice inviting bids or public auction to the highest bidder, pursuant to Clearwater Code of Ordinances Section 2.623, and authorize the appropriate officials to execute same. (consent) The Public Utilities Department recently underwent a restructure of the laboratory which resulted in several pieces of equipment that will no longer be used and have no purpose for continued ownership by the Department. Although the laboratory remains a division in the department, several of its testing functions are now performed by consultants. In addition, the maintenance division has several pieces of equipment that are no longer being used. APPROPRIATION CODE AND AMOUNT: 421-364412 Surplus Machinery & Equipment 12. Official Records and Legislative Services 12.1Appoint Robyn Fiel to the Neighborhood and Affordable Housing Advisory Board as a citizen who is actively engaged in the banking/mortgage industry in connection with affordable housing with term to expire January 31, 2026. (consent) APPOINTMENT WORKSHEET BOARD: Neighborhood and Affordable Housing Advisory Board (NAHAB) TERM: 4 years APPOINTED BY: City Council FINANCIAL DISCLOSURE: Not Required RESIDENCY REQUIREMENT: N/A (See Special Qualifications) MEMBERS: 7 CHAIRPERSON: Camille Hebting MEETING DATE: 2nd Tues. most months PLACE: Main Library/Council Chambers STAFF LIAISON: Chuck Lane APPTS. NEEDED: 1 SPECIAL QUALIFICATIONS: Board to have 1 member in each: Real Estate Professional in Connection with Affordable Housing; Clearwater Resident; Residential Home Building Industry; Advocate for Low Income Housing; Not-For-Profit Provider of Affordable Housing; Banking/Mortgage Industry; Employer's Representative. Page 33 City of Clearwater Council Work Session Meeting Minutes January 18, 2022 THE FOLLOWING ADVISORY BOARD MEMBER HAD A TERM WHICH EXPIRED AND NOW REQUIRES REPLACEMENT BY A NEW APPOINTEE: 1. Linda Kemp - 4225 38th Ave. S., Unit 63-G, St. Petersburg, FL 33711 - Mortgage/Banking Original Appointment: 5/7/09 (was serving 3rd term until 11/30/21) (Citizen who is actively engaged in the banking/mortgage industry in connection with affordable housing) THE NAME BELOW IS BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCY: 1. Robyn Fiel -265 126th Ave., Treasure Island, FL 33706 - Mortgage Loan Originator (Citizen who is actively engaged in the banking/mortgage industry in connection with affordable housing) Zip codes of current members: 1 - 33703 1 - 33755 2 - 33756 1 - 33774 1 - 34222 Current Special Qualifications: 1 citizen actively engaged in the residential home building industry in connection with affordable housing 1 citizen who resides within the City of Clearwater 1 citizen actively engaged as a real estate professional in connection with affordable housing 1 citizen actively engaged as an advocate for low-income persons in connection with affordable housing 1 citizen actively engaged as a not-for-profit provider of affordable housing 1 citizen who represents employers within the City of Clearwater 12.2Reappoint Donna M. Dennis to the Library Board with term to expire January 31, 2026. (consent) APPOINTMENT WORKSHEET BOARD: Library Board TERM: 4 years APPOINTED BY: City Council Page 34 City of Clearwater Council Work Session Meeting Minutes January 18, 2022 FINANCIAL DISCLOSURE: Not Required STAFF LIAISON: Library Director RESIDENCY REQUIREMENT: City of Clearwater SPECIAL QUALIFICATIONS: None MEMBERS: 7 CHAIRPERSON: Donna Dennis MEETING DATES: Quarterly PLACE: Main Library APPTS. NEEDED: 1 THE FOLLOWING ADVISORY BOARD MEMBER HAS A TERM WHICH EXPIRES AND NOW REQUIRES REAPPOINTMENT FOR A NEW TERM: 1. Donna M. Dennis -223 Island Way#413, 33767 - Retired Teacher Original Appointment: 1/18/18 (0 absences in the past year) (was serving 1st term until 1/31/22) Interested in Reappointment: Yes (Currently there are no other applications on file) Zip codes of current members on board: 2 at 33755 1 at 33756 1 at 33759 1 at 33763 1 at 33765 1 at 33767 13. Legal 13.1 Request for authority to settle the case of Phillips v. City of Clearwater, Case No. 20-006001-CI for $95,000.00. (consent) On or about February 27, 2020, the decedent's girlfriend called the Clearwater Police Department and requested that they conduct a welfare check on the decedent. Clearwater police officers responded to the call and entered the decedent's apartment finding the decedent in bed and breathing, although he did not respond to the officers' calls. The officers left the apartment without getting a response from the decedent. The decedent's daughter requested another welfare check the following morning after having no contact with him. Upon arrival, Clearwater police officers found the decedent in the same position in bed, but he was deceased. Authority is being sought to settle this case for$95,000.00, in exchange for Page 35 City of Clearwater Council Work Session Meeting Minutes January 18, 2022 which the City will receive a full release and the pending civil action will be dismissed with prejudice. APPROPRIATION CODE AND AMOUNT: 59007590-545900 14. City Manager Verbal Reports — None. 15. City Attorney Verbal Reports — None. 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). Vice Mayor Hamilton expressed a concern with a sitting Councilmember actively participating in a campaign for a candidate or publicly endorse a candidate. He said a recent newspaper article regarding the Big Clean Up and the art exhibit was un-becoming and Candidate Lina Teixeira was owed an apology. The City Attorney said councilmembers in their private capacity have the ability to endorse or not endorse a candidate. Councilmembers have the same First Amendment rights as any other citizen. He reminded Council that City Council Rules prohibits councilmembers from issuing endorsements from the dais. Councilmember Beckman requested a future council discussion regarding the Clearwater Neighborhood Coalition's recommendation to include a resident representative on the Community Development Board. She also requested discussions regarding limiting the number of free%omped tickets the Councilmembers receive for attending sponsored events and requesting the Florida Department of Transportation to lower the speed limit on Drew Street. She also requested consideration to direct the City's state lobbying team assist with resident engagement. Councilmember Beckman requested the "Go Bucs"banner be erected at the old City Hall site. 17. Closing Comments by Mayor— None. 18. Adjourn The meeting adjourned at 11:59 a.m. Page 36 City of Clearwater