Council Work Session Meeting Minutes August 17, City of Clearwater. City Hall 112 S. Osceola Avenue Clearwater, FL

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1 City Hall 112 S. Osceola Avenue Clearwater, FL Meeting Minutes Monday, August 17, :00 PM Council Chambers Council Work Session Page 1

2 Roll Call Present 5 - Mayor George N. Cretekos, Councilmember Doreen Hock-DiPolito, Councilmember Hoyt Hamilton, Councilmember Bill Jonson, and Also Present: William B. Horne II (Departed 3:35 p.m.) - City Manager, Assistant City Manager, Jill S. Silverboard - Assistant City Manager, Rod Irwin, Assistant City Manager, Pamela K. Akin - City Attorney, Rosemarie Call - City Clerk, and Nicole Sprague Official Records and Legislative Services Coordinator To provide continuity for research, items are listed in agenda order although not necessarily discussed in that order. 1. Call to Order Mayor Cretekos The meeting was called to order at 1:00 p.m. at City Hall. 2. Presentations Given. 2.1 August Service Awards Three service awards were presented to city employees. The Council recessed from 1:05 p.m. to 1:33 p.m. to meet as the Pension Trustees and the Community Redevelopment Agency. 3. Economic Development and Housing 3.1 Approve funding in the amount of $100,000 for the implementation of Clearwater Business SPARK!, per the Memorandum of Understanding approved by Council dated May 2015, to be funded from the Urban Land Institute (ULI) Report Implementation Special Program ( ). After a year and a half of in-depth evaluation and partner discussion, a Memorandum of Understanding (MOU) was presented to City Council on May 7, 2015 and was approved in support of this network. Following council approval, staff met with Clearwater Business SPARK s Executive Committee and Advisory Board and identified marketing and funding of certain services as key priorities to launch and provide ongoing support of the network, and a Page 2

3 three-year budget was developed. Staff is recommending a $100,000 budget for Fiscal Year to pay for the marketing and promotion as well as gaps in counseling and services. The proposed budget for this program provides the initial seed money to underwrite implementation of the ULI Advisory Services Panel Report recommendations for Attracting an Incubator, as reflected in the ULI Implementation Matrix Strategy 1.3, Item 15, designated Priority (P) for initial implementation. Outlined below are examples of the different channels and services that could be utilized to promote and support this network. Advertising - print and electronic media (TBO, 83 Degrees, Google/FB ads, Billboards), SEO Memberships/ Subscriptions/Licenses- National Business Incubation Association (NBIA), SMARSH Operating Supplies and Materials- event table, cart, office supplies Professional Services- contract support to develop website which will serve as a main portal to all SPARK programs, partners and facilities activities and information. It is intended staff will maintain and update website after launch. Promotional Activities- kick-off event, trade shows, luncheons, sponsorships Promotional Items- tchotchkes, printing and binding, business cards, banners, table cloth Fixed Services- telephone and webhosting Staff Training Expenses- IEDC, NBIA Certification Counseling and Training Services- funding for unique training programs and consulting services through Florida Small Business Development Center at Pinellas County (FSBDC) not to exceed $35,000, and to come forward under separate agreement. Funding requests for Fiscal Year (FY) and FY will be presented through annual budget process. Note: Funding for certain counseling and training services delivered within the CRA for technology-related enterprises will be proposed under separate request to CRA at a future date utilizing the existing CRA Project code Technology District Incentives. CRA FY15-16 Operating Budget will include a funding agreement with Clearwater Library System to underwrite certain expenses of the Main Library s STEM centers to further support this initiative. Clearwater Business SPARK! is a network of programs, services and facilities Page 3

4 to support businesses and entrepreneurs in every stage of development so they may easily identify and obtain the resources needed to grow in the greater Clearwater area. Assistance is delivered through a consortium of public and private partners, working out of separate facilities, but coming together to facilitate entrepreneurial, creative and small business development. Partners include the Economic Development and Housing Department, Clearwater Community Redevelopment Agency, Clearwater Library System, Clearwater Regional Chamber of Commerce, Florida Small Business Development Center of Pinellas County, and Technical Arts Facility for Innovation and Entrepreneurship (TAFFIE). As detailed in Section 7(f)i of the MOU, in-kind services and support including, but not limited to, facilities, programs, services and marketing such as 1) meeting and conference space, 2) meeting and event coordination, 3) services such as coaching, mentoring, and counseling, 4) access to speakers, trainers, and subject-matter experts, 5) promotion and marketing of the consortium through presentations, press releases, newsletters, social media and other forms of communication is to be provided by the aforementioned Partners. APPROPRIATION CODE AND AMOUNT: Funding in the amount of $100,000 is available in special program , ULI Report Implementation. In response to questions, Economic Development and Housing Director Geri Campos Lopez said staff received feedback that the marketing and promotion efforts were lacking. It is envisioned that the chambers of commerce would provide assistance with small business ideas and the small business development center would provide marketing assistance. Staff is developing a website and tracking the number of individuals attending events. Economic Development Coordinator Audra Aja said five referrals have been forwarded to TAFFIE. The consortium will be defining the performance measures as the program evolves. The goal is to support entrepreneurs and businesses at every stage of the business venture, which may include relocating the business into the city. In response to a concern, the City Manager said staff has been tasked to facilitate economic development, not a routine task for city government. Staff is focusing on best ways to invest these funds. Ms. Campos Lopez said during the initial tech incubator, only one entrepreneur expressed an interest in the program despite staff s engagement with the business community. It was discovered that there were needs from the business community; pre-needs Page 4

5 before the incubator step. The consortium will create an ecosystem that will attract and generate interest. The Department will manage expenses related to the project. Ms. Aja said the Greenhouse is a one-stop shop partnership with the City of St. Petersburg and the local chamber of commerce that provides services. The City s program is a network that will refer individuals to the desired service. 4. Finance 4.1 Declare list of vehicles and equipment surplus to the needs of the City and authorize disposal through sale to the highest bidder at the Tampa Machinery Auction, Tampa, Florida; and authorize the appropriate officials to execute same. (consent) All surplus vehicles and equipment have been replaced as necessary, or are no longer required. Tampa Machinery Auction is the Tampa Bay Purchasing Cooperative Auctioneer of Record; contract period through October Tampa Machinery Auction holds a live auction monthly and accepts internet bids at the time of the live auction. APPROPRIATION CODE AND AMOUNT: Amount - Sales Proceeds TBD In response to a question, Purchasing Manager Alice Bynge said the Tampa Machinery Auction is open to the public. 5. Gas System 5.1 Approve a Developer Agreement with NNP-Bexley, LLC; approve a Template form of Developer/Builder Agreement; accept a Gas Main and Utility Easement for the subject development property; authorize the Gas System Managing Director, or designee, to approve future Developer/Builder Agreements in substantially similar format; and authorize the appropriate officials to execute same. (consent) NNP-Bexley, LLC is the developer for a new project in Pasco County, called Bexley Ranch. This agreement covers the first 525 single family homes to be constructed as part of a 5,000+ residential community. Staff is also requesting Council to approve this agreement as well as the Template format for Developer/Builder Agreements, which will be used for all Page 5

6 future developer/builder agreements in the Clearwater Gas System territory. Additionally, staff is asking that the Clearwater Gas System Managing Director be authorized to approve all future agreements based on this approved Template in substantially similar format. Exhibit A, the legal description for the subject development property, will be attached to the original Agreement for Council s review and approval. Exhibit B-1 will be attached by amendment when the subject property is properly, officially platted. This agreement has been thoroughly reviewed by both Legal and Risk Management and all required indemnification and insurance provisions are included. In addition, all future developer/ builder agreements will be reviewed again by our Legal department, if there are significant modifications requested by the developer/builder, to ensure provisions within such future Agreement remain in the best interest of the City. 5.2 Approve an Encroachment Agreement with Florida Gas Transportation, LLC, for the installation of a natural gas distribution main across their existing easement and authorize the appropriate officials to execute same. (consent) In order to supply natural gas service and maintain system reliability, Clearwater Gas System (CGS) needs to install a natural gas distribution main across the existing Duke Energy Transmission line Right-of-Way, located in Pasco County, just east and running parallel with Starkey Blvd. This main extension is required to serve a new customer who will run natural gas engines to pump water for blueberry crop irrigation (farming operations). In addition, the main will serve the new Starkey Ranch subdivisions, as well as increase the pressure for existing customers along the SR54 corridor. The proposed gas main will be a 4-inch Polyethylene (PE) pipe, which is the pipeline material currently used for all new main installations. Florida Gas Transmission (FGT) requires an Encroachment Agreement since they have an existing easement with Duke Energy for their 16 transmission main, which runs within the Right-of-Way corridor. 5.3 Approve an Underground Pipeline Right-of-Way Utilization Agreement with Duke Energy of Florida, Inc. for the installation of a natural gas distribution main across their existing Transmission Right-of-Way and authorize the appropriate officials to execute same. (consent) In order to supply natural gas service and maintain system reliability, Clearwater Gas System (CGS) needs to install a natural gas distribution main across the existing Duke Energy Transmission line Right-of-Way, located in Pasco County, just east and running parallel with Starkey Blvd. This main Page 6

7 extension is required to serve a new customer who will run natural gas engines to pump water for blueberry crop irrigation (farming operations). In addition, the main will serve the new Starkey Ranch subdivisions, as well as increase the pressure for existing customers along the SR54 corridor. The proposed gas main will be a 4-inch Polyethylene (PE) pipe, which is the pipeline material currently used for all new main installations. Duke Energy requires a Right-of-Way Agreement since they own the property where the transmission and distribution electric facilities are installed. 6. Parks and Recreation 6.1 Approve a contract (purchase order) between the and the Bureau of Business Enterprises (BBE), Division of Blind Services, for a two-year period, with an option to renew for one additional two-year period, to provide employees and residents with healthy snack vending services to promote a culture of wellness citywide and authorize the appropriate officials to execute same. (consent) In 2013, the City entered into a healthy vending pilot program at the Long Center and Countryside Recreation Center. In 2014, the City explored expanding the healthy vending city wide in an attempt to build on the culture of wellness and a consistent message to city employees and residents that health and wellness is a priority in Clearwater. The attempt to expand the program in 2014 was not successful. A second attempt was made in February 2015 with the release of Request for Proposals to provide healthy vended products at 12 city facilities. A single proposal was received from the BBE, Division of Blind Services. The primary factor expressed by vendors who did not bid was the missing element of beverage vending (due to the City's exclusive agreement with Coca Cola) which severely impacts their revenues and ability to have a profitable account. Under guidelines established by the Federal Randolph-Sheppard Act, the BBE is charged with creating independent business opportunities for visually impaired/blind licensed vending facility operators. Through this program, hundreds of Floridians who are blind have acquired the management training and business skills necessary to operate successful businesses, independence, and self-sufficiency. Capital investment for equipment and products is provided by the BBE for a small percentage of the vendor's contract revenue. The Bureau oversees more than 120 licensed vendors who manage more than 150 facilities in Florida. Woody Mathews, the selected BBE Operator, is a certified Serve Safe food service manager and currently services multiple vending routes in the Clearwater area. The City chooses to promote healthy vending by requiring 100% compliance Page 7

8 with the USDA's Smart Snacks in Schools standards at locations where youth are served, specifically the recreational facilities. In city building locations the vending is restricted to an 80/20 split of USDA compliant products and non-compliant products, respectively. In an effort to keep the typically higher priced healthy items affordable, the City elects to not collect commissions on this contract. The proposal was evaluated by a sub-committee of the City Health and Wellness Committee on the following criteria; previous successful experience, longevity of providing services, favorable price schedule, ability to provide products meeting our nutritional specifications, customer service, and proven financial stability. Based on the evaluations, the Committee recommends that the BBE, Division of Blind Services, provide the City with an exclusive healthy vending agreement. In response to a question, Wellness Specialist Regina Novak said thirteen facilities will be served, with plans to expand in the future. There is no conflict with the Coca-Cola contract as the machines will not offer beverages. 6.2 Approve a 1-year Partnership and Operational Support Agreement from October 1, 2015 through September 30, 2016 and five one-year renewal options, between the and Clearwater Horseshoe Club, Clearwater Lawn Bowls Club and Clearwater Shuffleboard Club, for the use and supervision of certain city-owned buildings and facilities, and authorize the appropriate officials to execute same. (consent) On June 4, 2009, the City Council approved entering into Partner and Operational Support Agreements with the Clearwater Horseshoe Club, Clearwater Lawn Bowls Club and the Clearwater Shuffleboard Club (Clubs) for the use and supervision of certain City owned building and facilities they use for their various recreational activities. The agreement with the Clubs expires on October 1, 2015 and they have all expressed their desire to extend their relationship with the City by entering into a new agreement similar to the original agreement. The primary changes have to do with updating the insurance requirements and substituting new dates and typographic changes to the agreements. The agreements for the Clubs are identical with the only change being what services each provides and the person(s) entering into the agreements. As a way of background, the Clearwater Lawn Bowls and Shuffleboard Clubs have been active in Clearwater for over 55 years currently operating out of the Complex at the corner of Alt 19 and Calumet Street; while the Horseshoe Club has offered programs at Ed Wright Park for over 35 years. Page 8

9 All three of these adult groups continue to provide recreational opportunities to the citizens of Clearwater in their specific specialty (i.e., Lawn Bowls, Shuffleboard and Horseshoes). In addition to offering open sessions, providing lessons, conducting tournaments and providing social activities for their participants they provide the supervision and general maintenance of the buildings and facilities assigned to each group. In turn, these groups will not be required to meet the resident/non-resident card requirements. The City will continue to provide maintenance of the grounds, and provide major capital building and maintenance service to the buildings if determined necessary by the City. Each group is required to provide an annual report of activities consisting of the number of clients served, costs of such service, commentary on the viability, effectiveness, and trends affecting the program and success of same. In response to questions, Parks and Recreation Director Kevin Dunbar said no improvements are planned; routine maintenance is scheduled. The one-year renewals allows staff to determine if the City is receiving the deliverables required by contract. 6.3 Provide direction regarding future development and funding for Crest Lake Park. At the May 4, 2015 work session, staff was requested to provide an update on the Crest Lake Park Project for future council consideration. The Parks and Recreation Master Plan Update of 2013 revealed strong support by the community to update and upgrade the amenities at Crest Lake Park. Improvement suggestions from the Community Workshops included restrooms, exercise equipment, fountains, splash-park, improved security, better lighting, better playgrounds, removal of alligators, improved fishing and improved open field grass areas. Crest Lake Park ranked number one in neighborhood parks needing renovations and improvements. The Capital Improvement Projects and Program Priorities list in the Plan (Table 10) reveals that Crest Lake Park improvements are listed as the 7th most important project out of 34 to be addressed. Estimated initial cost for the project, not knowing all the specific elements, was $1,500,000 with annual operating costs being $65,000 per year, which includes 1.5 Full-Time Equivalents to maintain the park improvements. The suggested funding source was identified in the plan as coming from Penny for Pinellas Page 9

10 (Penny) funds designated for neighborhood parks in 2017/18 ($1,250,000) and 2018/19 ($250,000). Elements included in the $1.5 million budget included design and permitting, sidewalk/path improvements, improved lighting in the park, improved park amenities (i.e., water fountains, benches, bike rack, etc.), restrooms, improved grass area/playfield type area (5 acres), additional parking (40 spaces), limited landscaping improvements and approx 6% in contingency. It should be noted that a budget of approximately $3.2 million is required to renovate the entire acres of the park site which would include exterior walkways around the park, interior walkways around the lake, irrigation, sodding and landscaping for the entire park, and all other amenities mentioned in the $1.5 million budget. Depending on Council direction additional elements that could be included in either budget are as follows: Playground improvements/enhancements $250,000 Picnic tables & grills (12) $ 9,000 Picnic shelter 50 ft. x 50 ft. (each) $150,000 Gazebo octagonal 40 ft. diameter $ 80,000 Tennis courts (2) $160,000 Basketball court lighted (each) $100,000 Sand volleyball courts (each) $ 12,000 Improved exercise court $100,000 Splash pad (4,500 sq. ft.) $300,000 Fishing pier with boardwalk (1,500 sq. ft.) $150,000 Spray water fountain in the lake (lighted) $100,000 Canoe launch site $100,000 Since this project is not currently funded, staff has not begun the process needed to design the park improvements and bring to Council for approval. Penny funds would be available from Neighborhood Park Project in Fiscal Year (FY) 2016/17 ($1,100,000) to begin the project with the remaining $400,000 needed for the $1.5 million limited project in FY 2017/18. It should also be noted that the FY 2016/17 was also identified at the January 16, 2014 council meeting as a potential match for Phase II ($500,000) for the Veterans Memorial in Crest Lake Park. Currently there is a balance of $4,350,000 of future Penny III funds budgeted for neighborhood park improvements. If $1.5 million were allocated to Crest Lake Park project then there would be a balance of $2,850,000 for other neighborhood park renovations and improvements. Parks that were identified for possible renovation in the original scope for Penny III funding included North East Coachman Park, Woodgate Park, Valencia Park, Charles Park, Overbrook Park, Pier 60 Park, Cliff Stephens Park, as well as the possible development of two new neighborhood parks, Salls Lake Park and State Street Park. Page 10

11 Staff is recommending that if Council recommends using $1.5 million for Crest Lake Park improvements that the two proposed neighborhood parks at Salls Lake and State Street not be constructed at this time. The remaining $2.8 million will be available to complete other neighborhood park projects as approved by Council or fund other enhancements at Crest Lake Park. Staff is seeking direction regarding future funding and timing for renovations at Crest Lake Park. Some of the options are as follows: 1. Designate funds available for Neighborhood Parks in FY 2016/17 and FY 2017/18 for improvements to Crest Lake Park (up to $2,350,000 Penny III funds available) 2. Advance Penny funds to FY 2015/16 to begin design and construction of improvements to Crest Lake Park (amount to be determined but could be as high as $5,000,000 depending on amenities chosen for the park) 3. Advance a portion of the Penny funding from FY2016/17 to FY 2015/16 to begin the design, permitting and public input process necessary for this project with construction funds scheduled for out years ($250,000) 4. In addition to using a portion of Penny III funding ($1.5 million) allocate an additional amount from other funding for an enhanced project. No matter which option is chosen, it will take between 24 to 30 months to complete the project. 6.4 Provide direction regarding the submittal of a 2015/16 Florida Highway Beautification Council Grant (FHBCG) for the beautification of medians on Missouri Avenue from Court Street to Belleair Road. The Florida Department of Transportation (FDOT) notified the City that the 2015/16 grant cycle for the FHBCG is now open and that draft applications must be submitted to FDOT by September 1, The City Council has recently discussed the possibility of expanding the beautification of medians on Missouri Avenue. FHBCG will fund 50% of the total project cost, including installation of a sprinkler system, cost of plant materials, labor to install plant materials, design fee, MOT (Maintenance of Traffic) and establishment period of one year. Staff is estimating that the total cost to provide beautification on the 11 Missouri Avenue medians is $377,465, or $34,315 per median. If the City is successful at obtaining the FDOT grant, the City s portion of expenses will be 50% or, approximately $190,000. Page 11

12 If staff is directed to apply for the grant, Council will need to adopt Resolution 15-22, allowing the City Manager to execute all documents relating to the grant, and establish a new Capital Improvement Project, Missouri Avenue Median Beautification ( ), at Thursday s council meeting. Funding for the City's match will be provided by a third quarter amendment transferring $190,000 from General Fund Reserves. The Resource Committee approved applying for the grant at their August 5, 2015 meeting. USE OF RESERVE FUNDS: If approved, funding for the City's match will be provided by a third quarter budget amendment allocating General Fund reserves in the amount of $190,000 to Capital Improvement Project , Missouri Avenue Median Beautification. A net total of $3,219,615 General Fund reserves has been used to date to fund expenditures in the 2014/15 operating budget. The remaining balance in General Fund reserves is approximately $20.2 million or 17.6% of the current General Fund operating budget. In response to questions, Parks and Recreation Director Kevin Dunbar said the Fall grant is a statewide competitive grant. The grant funds plant material, irrigation, as well as design and installation. The Spring grant is only applicable to state roads and could be used on SR 580. There was consensus for staff to submit a grant application. Staff was directed to place the item on the consent agenda. 7. Engineering 7.1 Approve the Contract for Sale of Real Property by the (Contract) with Decade Sea Captain, LLC for the sale of city-owned property located at 41 Devon Drive, Clearwater and authorize the appropriate officials to execute same, together with all other instruments required to affect closing. (consent) The subject property, of approximately 0.37 acres, is located at 41 Devon Drive (a/k/a 212 Hamden Drive) and is improved as a surface parking lot currently operated as Parking Lot 33 by the City s Parking System Division. Parking Lot 33 contains 24 parking spaces and gained $86,359 in revenue in the most recent 12-month reporting period. Prior to the City taking ownership of the property in 2006, development rights were transferred from the property. On December 18, 2014, City Council declared the property surplus for the purpose of sale through Invitation to Bid (ITB 06-15) for highest bid amount exceeding $425,000 whereby the successful bidder will incorporate the property into a redevelopment project. ITB disclosed that a deed Page 12

13 restriction would be placed on the property requiring that 24 parking spaces shall be reserved for public use at market-based rates that are commensurate with rates for comparable beachfront, covered parking structures in Florida resort areas. The City released ITB on January 15, 2015 and received one bid from DCIP, LLC with a proposed purchase price of $425,010. Jeffrey Keierleber is the sole principal owner of DCIP, LLC and has requested that the Contract be between the City and Decade Sea Captain, LLC, a different LLC of which Mr. Keierleber is also the sole principal. The proposed contract is consistent with the proposal and complies with requirements set forth in ITB Additional terms and conditions negotiated between Decade Sea Captain, LLC and City staff are listed below: Purchase price is $425,010 The proposed redevelopment project is a parking garage. A conceptual design of the garage represents approximately parking spaces which will provide parking to the Pier House 60 Clearwater Beach Marina Hotel, and a proposed hotel development at the Sea Captain Resort site in addition to the 24 required public parking spaces The City will have the option to re-purchase the property if vertical construction of the parking garage does not commence by certain milestones; the latest possible milestone is three years from the effective date of the Contract 24 required public parking spaces, referenced above, will be located on the ground floor and shall be the first available parking spaces upon entering the parking garage If Decade Sea Captain, LLC fails to provide required public parking, then it will be liable to the City for payment of liquidated damages in the amount of $ per day for each day that public parking is not provided. This requirement does not apply during periods when the garage is unavailable for construction, reconstruction or during other activities when public safety may be compromised Closing expenses for which the City is responsible, including title insurance, are estimated to be $3,000 and will be deducted from the purchase price at closing The property was appraised by James Millspaugh and Associates with the understanding that development rights have been stripped. According to the appraisal report dated August 28, 2014, market value of the property is $425,000. Per City Charter 2.01, real property declared surplus may be sold to the party submitting the highest competitive bid above the appraised value whose bid meets the terms set by the Council and whose proposed use of the property is in accordance with stated purpose for declaring the property surplus. In response to questions, Real Estate Services Coordinator Chuck Lane said the money will go into the parking fund. The public parking spaces will be Page 13

14 located on the first floor. There are no plans for retail. The building will be four stories high with rooftop parking. Mr. Lane said forty spaces from the Sea Captain will be transferred to the parking garage. The extra 100 parking spaces will be public spaces. 7.2 Declare surplus for the purpose of sale, through Invitation to Bid 58-15, real property formerly used as City right-of-way located in Section 16, Township 29 South, Range 16 East whereby the successful bidder will combine the property with adjoining land for meaningful development and use. On February 19, 2015, City Council passed and adopted Ordinance vacating several portions of right-of- way. First Baptist Church of Clearwater, Inc. (a.k.a. Calvary Baptist Church of Clearwater), owner of adjacent lands, requested the vacation. The vacated right-of-way includes a portion of Cherry Lane located just south of Cleveland Street on the west side of McMullen Booth Road; the City is the owner of fee title to this property. The property is approximately 200 ft. by 20 ft. Its size and shape impose limitations on potential land uses. The adjacent land owner has expressed an interest in acquiring the parcel. City staff has evaluated the property and has determined that the fair market value is $8,000. Per City Charter 2.01, real property declared surplus may be sold to the party submitting the highest competitive bid above the appraised value whose bid meets the terms set by the Council and whose proposed use of the property is in accordance with the Council s stated purpose for declaring the property surplus. The property is legally described as follows: A PARCEL OF LAND BEING THAT CERTAIN PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 3308, PAGE 512, THAT CERTAIN PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 3308, PAGE 497 AND A PORTION OF THAT CERTAIN PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 3308, PAGE 503, ALL OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, AND LYING IN THE NORTHWEST 1/4 OF SECTION 16, TOWNSHIP 29 SOUTH, RANGE 16 EAST, PINELLAS COUNTY, FLORIDA AND BEING FURTHER DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SECTION 16, TOWNSHIP 29 SOUTH, RANGE 16 EAST; THENCE S00 37'03"W, ALONG THE WEST LINE OF THE NORTHWEST 1/4 OF SAID SECTION 16, (BEING THE BASIS OF BEARING FOR THIS DESCRIPTION), A DISTANCE OF FEET TO THE SOUTHWEST CORNER OF THE NORTHWEST 1/4 OF SAID Page 14

15 NORTHWEST 1/4 OF SECTION 16; THENCE S89 28'12"E, ALONG THE SOUTH LINE OF SAID NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 16, SAME BEING THE NORTH LINE OF VIRGINIA AVENUE, ACCORDING TO BAY VIEW CITY SUBN, AS RECORDED IN PLAT BOOK 9, PAGE 43, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, A DISTANCE OF FEET TO THE SOUTHWEST CORNER OF THE SOUTHEAST 1/4 OF SAID NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 16; THENCE N00 37'20"E, ALONG THE WEST LINE OF SAID SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 16, A DISTANCE OF TO THE SOUTHWEST CORNER OF THAT CERTAIN PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 3308, PAGE 512, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA AND TO THE POINT OF BEGINNING; THENCE CONTINUE N00 37'20"E, ALONG SAID WEST LINE OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 16, SAME BEING THE WEST LINE OF SAID CERTAIN PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 3308, PAGE 512, A DISTANCE OF FEET TO THE NORTHWEST CORNER OF SAID CERTAIN PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 3308, PAGE 512; THENCE S89 28'12"E, ALONG THE NORTH LINE OF SAID CERTAIN PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 3308, PAGE 512, THAT CERTAIN PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 3308, PAGE 497 AND THAT CERTAIN PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 3308, PAGE 503, ALL OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, RESPECTIVELY, A DISTANCE OF FEET TO THE POINT OF INTERSECTION WITH THE EAST LINE OF THE WEST FEET OF THE SOUTH 1/2 SAID SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 16; THENCE S00 37'20"W, ALONG SAID EAST LINE OF THE WEST FEET OF THE SOUTH 1/2 THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 16, A DISTANCE OF FEET TO THE POINT OF INTERSECTION WITH THE SOUTH LINE OF SAID CERTAIN PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 3308, PAGE 503; THENCE N89 28'12"W, ALONG THE SOUTH LINE OF SAID CERTAIN PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 3308, PAGE 503, SAID CERTAIN PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 3308, PAGE 497 AND SAID CERTAIN PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 3308, PAGE 512, RESPECTIVELY, A DISTANCE OF FEET TO THE POINT OF BEGINNING. SUBJECT PROPERTY CONTAINING 4,000 SQUARE FEET, MORE OR LESS. Page 15

16 7.3 Approve reallocating the s Qualified Energy Conservation Bond authority back to the State of Florida and adopt Resolution On April 23, 2015, the Florida Department of Agriculture and Consumer Services notified the of the authority to issue $1,110,554 in Qualified Energy Conservation Bonds. A review of the costs associated with issuance of the bonds indicates that other funding options would be in the best interest of the City. Adopting Resolution reallocates the bonding authority back to the State of Florida for possible use by others. 7.4 Award a Construction Contract to Gator Grading and Paving of Palmetto Florida for the 2015 Street Resurfacing Project ( EN) in the amount of $2,500,863.85, which is the lowest responsible bid received in accordance with the plans and specification which states work is to be awarded on a unit price basis, and authorize the appropriate officials to execute same. (consent) The annual street resurfacing program is designed to prevent deterioration of roadway wearing surfaces. The process of resurfacing includes milling a roadway and replacing with an asphalt overlay. This provides a protective coating and maintains the integrity of a roadway s substructure. Resurfacing allows for an improved ride and safer roads for residents and visitors of the City. Streets that are scheduled for resurfacing in this contract were determined using the City s pavement management consultants, citizen requests, and staff observations; all have been determined to warrant their inclusion by virtue of an inspection and prioritization process performed by Engineering staff. Gator Grading and Paving is the lowest responsible bid of the four bids received ranging from $2,502, to $3,218, At a minimum, streets that are scheduled for resurfacing primarily consist of three residential neighborhoods generally located in the northwest corridor of the City. The locations are named after the major roadway in each respective area, an overall location map has been provided for reference: Pennsylvania Avenue Area - located North of Eldridge Street, West of Betty Lane, East of Myrtle Avenue, South of Overbrook Avenue. Casler Avenue Area - located near the Airpark, North of Drew Street, West of Hercules Avenue, East of Glenwood Avenue, South of Palmetto Street. Rollen Road Area - located North Overlea Street, West of Highland Avenue, East Betty Lane, South of Sandy Lane. Page 16

17 Additional areas may be added as valid requests are received and sufficient funding is available. APPROPRIATION CODE AND AMOUNT: $2,502, Sufficient funding is available in Capital Improvement Program project , Streets and Sidewalks, in the amount of $2,502, In response to questions, Engineering Assistant Director Scott Rice said line item 23 on the bid sheet was a deduct for millings retained by the contractor. The unit price for the asphalt was $94.50 for SP 12.5 and $99.90 for SP 9.5. Staff was not aware of any major pothole issues related to the recent rainfall. The City Manager said pothole repairs are budgeted; any issues would be addressed as needed. Staff was directed to provide information on the status of Seminole Street. 7.5 Approve Purchase Order and Legal Services Agreement between the City of Clearwater and Baker and Hostetler LLP, to serve as legal counsel on Environmental matters for a five-year period, in the amount of $250, and authorize the appropriate officials to execute same. (consent) Environmental Engineering has engaged Baker and Hostetler LLP to serve as legal counsel for addressing the environmental conditions at various city properties. This is for the purpose of satisfying FDEP (Florida Department of Environmental Protection) and EPA (Environmental Protection Agency) regulations to ultimately achieve regulatory closure or compliance of affected city properties or permits. APPROPRIATION CODE AND AMOUNT: $250,000 Funds are available in cost code , Stormwater Professional Services, to fund $50,000 in Fiscal Year (FY) 2015 and will be included in budgets FY2016 through FY2019 at $50,000 each year to fund this agreement. 7.6 Approve Supplemental Work Order Seven to Reuben Clarson Consulting in the amount of $50, for continuation of design and inspection services of citywide Seawall Replacements, and authorize the appropriate officials to execute same. (consent) Page 17

18 The Engineering Department is currently in year three of the Citywide Owned Seawall Project. The first phase of this effort was inspection, Ruben Clarson Consulting has inspected most city-owned Seawalls to date and is currently designing repairs and providing construction oversight. Supplemental work order six will provide those services primarily for Island Estates, Sand Key and Clearwater Beach seawalls and bridge abutments. January 3, 2012, Professional Services purchase order was approved to Reuben Clarson Consulting in the amount of $15,504. Supplement worker orders were approved as follows: One for $11,660 on November 30, 2012; two for $13,398 on April 15, 2013; three for $14,850 on June 13, 2013; four for $13,550 on November 25, 2013; five for $11,000 on December 30, 2014; and six for $19,150 on May 20, 2015 for total funding in the amount of $99, Supplemental Work Order Seven increases the value to $149,112. APPROPRIATION CODE AND AMOUNT: $50,000 Funds are available in Capital Improvement Program project , City-wide Seawall Replacement, to fund this work order. 7.7 Approve a Work Order to Engineer of Record (EOR) Jones Edmunds and Associates, Inc. for Engineering Services at Northeast Water Reclamation Facility (WRF) Blend Tank Improvements ( UT) in the amount of $159,500.00, and authorize the appropriate officials to execute same. (consent) In 2011, the City requested that EOR Jones Edmunds evaluate the City s biosolids facilities and prepare a Northeast WRF Anaerobic Digester and Biosolids Management Evaluation Report. The Report recommended improvements to the sludge handling and storage facilities at the Northeast WRF. The requested $159, authorization under this Work Order is for professional engineering services including design, permitting, and bidding of the Northeast WRF Blend Tank Improvements. The existing Sludge Storage and Blending Tanks, constructed in the late 1980s, are in need of structural and mechanical improvements. Pumping and Piping improvements are also needed to convert one of the blend tanks to a sludge storage tank to improve plant performance. Scope of services includes design to upgrade the truck off-loading sludge pump station, refurbish/upgrade the two sludge storage and blending tanks, install new Sludge Transfer Pumps, and new Dewatering Feed Pumps. Design also includes electrical and mechanical upgrades to the sludge pumping and storage system. Page 18

19 Northeast WRF is located at 3290 State Road 580 Safety Harbor, Florida. APPROPRIATION CODE AND AMOUNT: $159,500 Funds are available in capital improvement program project , Bio Solids Treatment, to fund this work order. 7.8 Increase the residential and commercial Stormwater Utility rate by 1.25% to $14.33 per Equivalent Residential Unit (ERU) beginning October 1, 2015; to $14.51 per ERU beginning October 1, 2016; to $14.69 per ERU beginning October 1, 2017; to $14.87 per ERU beginning October 1, 2018; to $15.06 per ERU beginning October 1, 2019; and pass Ordinance on first reading. The City s rate study consultant, Burton and Associates, recently completed a Stormwater Revenue Sufficiency Analysis. The study indicated that, due to current capital and operating cost projections, the previously adopted rate increases of 2.75% scheduled for October 1, 2015 and October 1, 2016 can be revised downward to 1.25% increases, with additional 1.25% rate increases needed for the following three years. The recommended rates are as follows: Fiscal Year 2016, effective 10/01/2015 $14.33 Fiscal Year 2017, effective 10/01/2016 $14.51 Fiscal Year 2018, effective 10/01/2017 $14.69 Fiscal Year 2019, effective 10/01/2018 $14.87 Fiscal Year 2020, effective 10/01/2019 $15.06 Since the 2012 rate increases were passed, several significant flood control and water quality projects have been completed or are underway at the following locations: Tropic Hills, Hillcrest Avenue, South Gulfview Blvd, Myrtle Avenue/Seminole Street, Mandalay Avenue, Jeffords Street, Smallwood Circle, Woodlawn Terrace, Mango Street and the East Gateway. In response to a question, Burton and Associates representative Mike Burton said if there were 0% increases in the first three years and a 3% increase in the fourth year, more borrowing will be required in the out years. The Council recessed from 2:57 p.m. to 3:03 p.m. 8. Planning Page 19

20 8.1 Approve the annexation, initial Future Land Use Map designation of Residential Low (RL) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 2101 and 2155 Burnice Drive; and pass Ordinances , and on first reading. (ANX ) This voluntary annexation petition involves two parcels of land totaling acres. The parcels are occupied by single-family dwellings and are located generally south of Druid Road, west of South Belcher Road, east of South Hercules Avenue, and north of Lakeview Road. The applicants are requesting annexation in order to receive solid waste service from the City, and will be connected to City sewer as part of the Belcher Area Sanitary Sewer Extension Project Area. The properties are contiguous to existing City limits along at least one property boundary. It is proposed that the properties be assigned a Future Land Use Map designation of Residential Low (RL) and the zoning category of Low Medium Density Residential (LMDR). The Planning and Development Department determined that the proposed annexations are consistent with the provisions of Clearwater Community Development Code Section E as follows: The properties currently receive water service from Pinellas County. Collection of solid waste will be provided to the properties by the City. The applicants have paid the sewer impact fee in full, and will be connected to the City sewer system once it is made available. The properties are located within Police District II and service will be administered through the district headquarters located at 645 Pierce Street. Fire and emergency medical services will be provided to the properties by Station 47 located at 1460 Lakeview Road. The City has adequate capacity to serve the properties with sanitary sewer, solid waste, police, fire and EMS service. The properties will continue to receive water from Pinellas County. The proposed annexations will not have an adverse effect on public facilities and their levels of service; and The proposed annexations are consistent with and promote the following objectives and policy of the Clearwater Comprehensive Plan: Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Objective A.7.2 Diversify and expand the City s tax base through the Page 20

21 annexation of a variety of land uses located within the Clearwater Planning Area. Policy A Continue to process voluntary annexations for single-family residential properties upon request. The proposed Residential Low (RL) Future Land Use Map category is consistent with the current Countywide Plan designation of the properties. The Residential Low (RL) designation primarily permits residential uses at a density of 5 units per acre. The proposed zoning district to be assigned to the properties is the Low Medium Density Residential (LMDR) District. The uses of the subject properties are consistent with the uses allowed in the Low Medium Density Residential (LMDR) District and the properties exceed the District s minimum dimensional requirements. The proposed annexations are therefore consistent with the Countywide Plan and the City s Comprehensive Plan and Community Development Code; and The properties proposed for annexation are contiguous to existing City limits along at least one property boundary; therefore, the annexations are consistent with Florida Statutes Chapter Approve the annexation, initial Future Land Use Map designation of Residential Urban (RU) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1219 Aloha Lane, 1245 Palm Street and 1223 Union Street, together with certain abutting right-of-way of Union Street; and pass Ordinances , and on first reading. (ANX ) This voluntary annexation petition involves three parcels of land totaling acres. All parcels are occupied by single-family dwellings. The three lots are located south of Union Street, east of Douglas Avenue, north of Sunset Point Road (SR 576), and west of Kings Highway. The applicants are requesting annexation in order to receive solid waste service from the City and to connect to City sewer as part of the City s Idlewild/The Mall Septic-to-Sewer Project. The Development Review Committee is proposing that the acres of abutting Union Street right-of-way not currently within the City limits also be annexed. The properties are contiguous to existing City boundaries along at least one property boundary. It is proposed that the properties be assigned a Future Land Use Map designation of Residential Urban (RU) and a zoning category of Low Medium Density Residential (LMDR). The Planning and Development Department determined that the proposed annexations are consistent with the provisions of Clearwater Community Page 21

22 Development Code Section E as follows: The properties currently receive water service from the City. Collection of solid waste will be provided to the properties by the City. All of the applicants have paid the required sewer impact fee in full. The properties located at 1245 Palm Street and 1223 Union Street are already connected to the City sewer system and 1219 Aloha Lane will be connected by the contractor soon. The properties are located within Police District II and service will be administered through the district headquarters located at 645 Pierce Street. Fire and emergency medical services will be provided to these properties by Station 51 located at 1720 Overbrook Avenue. The City has adequate capacity to serve these properties with sanitary sewer, solid waste, police, fire and EMS service. The proposed annexations will not have an adverse effect on public facilities and their levels of service; and The proposed annexations are consistent with and promote the following objectives and policy of the Clearwater Comprehensive Plan: Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Objective A.7.2 Diversify and expand the City s tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. Policy A Continue to process voluntary annexations for single-family residential properties upon request. The proposed Residential Urban (RU) Future Land Use Map category is consistent with the current Countywide Plan designation of these properties. This designation primarily permits residential uses at a density of 7.5 units per acre. The proposed zoning district to be assigned to the properties is the Low Medium Density Residential (LMDR) District. The uses of the subject properties are consistent with the uses allowed in the District and the properties exceed the District s minimum dimensional requirements. The proposed annexations are therefore consistent with the Countywide Plan and the City s Comprehensive Plan and Community Development Code; and The properties proposed for annexation are contiguous to existing City limits along at least one property boundary; therefore, the annexations are consistent with Florida Statutes Chapter Approve the first amended and restated Development Agreement between PV-Pelican Walk LLC (the property owner) and the for the property located at Page 22