council worksession - granicus

Council Worksession Meeting Minutes August 4, 2014

City of Clearwater

City Hall 112 S. Osceola Avenue Clearwater, FL 33756

Meeting Minutes

Monday, August 4, 2014 1:00 PM

Council Chambers

Council Worksession

City of Clearwater

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Roll Call Present: 5 - Mayor George N. Cretekos, Vice Mayor Doreen Hock-DiPolito, Councilmember Bill Jonson, Councilmember Hoyt Hamilton and Councilmember Jay E. Polglaze

Also Present: William B. Horne II - City Manager, Jill S. Silverboard - Assistant City Manager, Rod Irwin – Assistant City Manager, Pamela K. Akin - City Attorney, Rosemarie Call - City Clerk, 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 The meeting was called to order at 1:00 p.m. at City Hall. 2. Presentations – Given. 2.1 Police Officer Oaths

The City Clerk administered the Oath of Office to Scott W. Boeckel, Joshua M.

Gibson, Raniel C. Heredia, Ryan C. Hobert, and Steven L. Venezia. Council recessed to meet as the Community Redevelopment Agency from 1:03 p.m. to 1:51 p.m. 3. Economic Development and Housing 3.1 Update on the Homeless Initiative and Activities (WSO) -Ekaterini Gerakios-Siren and Rhonda Abbott Mses. Gerakios Siren and Abbott provided PowerPoint presentations

regarding recent accomplishments, activities, and statistics. 3.2 Ratify and confirm accepting repayment of two loans appropriated to the Community Redevelopment Agency (CRA) by City Resolutions 05-19 and 08-12 from the EPA Brownfields Cleanup Revolving Loan Fund (BCRLF) utilized by the CRA to meet specific expenses incurred for the environmental cleanup of real property identified as Pinellas County parcels 15/29/15/65196/000/0030, 0034, 0060, 0061, 0062 and 0063 (Clearwater Automotive Salvage Yard) and approving a 30% discount per EPA rules for a total repayment of $454,179; and approve expenditure of $194,648 reflecting the write-off of the 30% loan discount, to be charged to the Brownfield Revolving Loan City of Clearwater

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Council Worksession Meeting Minutes August 4, 2014 Fund. (consent) The City of Clearwater received a US Environmental Protection Agency (EPA) grant to establish a Clearwater BCRLF to provide funding to parties interested in the redevelopment of environmentally impaired properties. The BCRLF is structured so that loan repayments made once a property has been remediated can cycle back through BCRLF to be made available for use at other properties. The BCRLF allows government entities to loan to other government agencies, but requires a City resolution. In May 2005, the City Council adopted Resolution 05-19 authorizing the use of the BCRLF, and a loan not to exceed $350,000 to the CRA for the environmental cleanup of the Clearwater Automotive Salvage Yard (Clearwater Auto). In June 2008, the City Council adopted Resolution 08-12 authorizing the allotment of $350,000 in additional monies to the CRA in the form of a loan to complete the Clearwater Auto remediation. Both resolutions state that the funds appropriated by the City from the BCRLF, and utilized by the CRA for this purpose, shall be repaid to the BCRLF by the City or the CRA from either: a) the private developer or another party to whom the CRA ultimately conveys the Site following the environmental cleanup; b) TIF funds; c) the General Fund of the City, through budget appropriations if the property is unable to be sold after a reasonable time (within five years of the completion of the environmental cleanup provided for herein); and d) other means legally sufficient and approved by the Environmental Protection Agency (EPA). The CRA is opting to repay the funds from TIF funds since the environmental cleanup has been completed as stated in the Florida Department of Environmental Protection (FDEP) Site Rehabilitation Completion order (SRCO) issued July 1, 2009 and the property has not been sold. The funds for the repayment of the loan have been approved through the CRA budget process and are available in CRA project 388-94855. The purpose for the ratify and confirm is that while Resolution 05-19 and the Interlocal Agreement between the City and CRA approved the loan repayment, it did not include the approval of a discounted loan repayment per EPA rules. EPA rule Section II FRL-7989-9 states that the City may discount up to 30% of the principal amount of a loan, provided that the total amount of the principal forgiven shall not exceed $200,000. In summary, the total amount of the two loans made to the CRA was $648,827. City of Clearwater

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Council Worksession Meeting Minutes August 4, 2014 Applying the 30% discount for these loans at $194,648 makes the final repayment to the BCRLF (188-99802) total $454,179. This payment satisfies the Interlocal Agreement between the City and CRA regarding the environmental cleanup related to the Clearwater Auto project. APPROPRIATION CODE AND AMOUNT: A budget amendment will provide a transfer of $454,179 from CRA 388-94855 to project 188-99802. 3.3 Declare as surplus for the purpose of sale to the Community Redevelopment Agency (CRA), real property lying within the Prospect Lake Development Site. (consent) The City and CRA’s redevelopment strategy emphasizes the creation of a significant residential concentration in and around the downtown core, to create the support for a retail and recreation destination environment in the Cleveland Street District. In addition, the City’s Economic Development Strategic Plan calls for the growth/support of employment opportunities as part of the CRA’s Technology District and its software/information technology industry cluster. The CRA views the development of the Cleveland Street and Prospect Lake Park site as a major opportunity to further these strategies by adding a mixed-use project that activates the street and creates living opportunities for the District’s workforce. The CRA released a Request for Proposals/Qualifications (RFP/Q) 12-13 on February 19, 2013 with the goal of selecting a qualified Development Team to successfully develop the 5.91+/- acre site located on Cleveland Street and Prospect Avenue in Downtown Clearwater, one block east of the Downtown Core. The successful proposal was submitted by Prospect Park Development, LLC (Developer). The proposal consists of 257 market-rate rental dwelling units and up to 24,000 sq. ft. of allowable ground floor retail. Approximately 7 of these units will be Live/Work units fronting Cleveland Street, which will be composed of a retail/office space and a residential component. The project will have 300 parking spaces and approximately 10,000 sq. ft. of accessory uses (exercise area, leasing office, and business center). On June 10, 2014, the CRA and the Developer entered into the Agreement for Development and Purchase and Sale of Property (Development Agreement). The Development Agreement requires that the CRA is, or will be, the owner of the project site by the closing date. The City owns approximately 77,834 square feet of property (City Parcel) within the project site. The City and CRA propose to enter into an Agreement for Exchange of Real Property whereby the City will transfer the City Parcel to the CRA. Section 2.01(d)(5)(i), of the City of Clearwater Charter, requires that, prior to the sale of any municipal real property, the real property must be declared surplus and no longer needed for City of Clearwater

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Council Worksession Meeting Minutes August 4, 2014 municipal public use by City Council. The real property proposed as surplus is described as follows: Commence at the Southeast corner of Parcel 64 (P-64) in "Mediterranean

Village in the Park" as recorded in Plat Book 125, Pages 44-46, in the Public Records of Pinellas County, FL, thence North 89° 57' 44" West, a distance of 21.42 feet; thence South 00° 17' 21" West, a distance of 25.71 feet to a POINT OF BEGINNING; thence South 00° 17' 21" West, a distance of 91.53 feet; thence South 89° 39' 04" East, a distance of 139.15 feet; thence South 00° 04' 00" West, a distance

of 119.20 feet; thence South 89° 39' 04" East, a distance of 150.00 feet to a point on the West right-of-way line of Martin Luther King, Jr. Avenue; thence South 00° 04' 00" West, along said West right-of-way line of Martin Luther King, Jr. Avenue, a distance of 80.50 feet to the North right-of-way line of Pierce Street; thence North 89° 39' 04" West, along said North right-of-way line of Pierce Street, a distance of 386.83 feet; thence North 05° 34' 56" West, a distance of 61.39 feet; thence North 15° 56' 32" West, a distance of 122.03

feet; thence North 29° 12' 41" West, a distance of 115.70 feet; thence North 53° 04' 15" West, a distance of 27.08 feet; thence South 89° 42' 36" East, a distance of 76.33 feet; thence South 23° 09' 10" East, a distance of 4.77 feet; thence North 66° 50' 50" East, a distance of 10.99 feet; thence South 89° 42' 36" East, a distance of 4.30 feet; thence South 23° 09' 10" East, a distance of 32.70 feet;

thence South 89° 42' 36" East, a distance of 63.71 feet; thence North 00° 17' 24" East, a distance of 26.04 feet; thence South 89° 42' 36" East, a distance of46.67 feet to the POINT OF BEGINNING. 3.4 Accept the Quit Claim Deed from Dimmit Car Leasing, Inc.; approve the Agreement for Exchange of Real Property (Exchange Agreement) between the Community Redevelopment Agency (CRA) and the City with additional cash compensation to be paid from the CRA to the City in an amount not to exceed $301,303 and authorize the appropriate officials to execute same, together with all other instruments required to affect closing; approve reimbursement to the Stormwater Utility for the surplus land in the amount of not-to-exceed $539,173, including not-to-exceed $301,303 received from CRA, along with $237,870 from General Fund unassigned fund balance; and approve reimbursement from Stormwater Utility to U.S. Department of Housing and Urban Development (HUD) for related grant in the amount of not-to-exceed $301,303; adopt Resolution 14-28 and authorize the appropriate officials to execute same. The City and CRA’s redevelopment strategy emphasizes the creation of a significant residential concentration in and around the downtown core, to create the support for a retail and recreation destination environment in the Cleveland Street District. In addition, the City’s Economic Development Strategic Plan calls for the growth/support of employment opportunities as part of the CRA’s Technology District and its software/information technology industry cluster. The CRA views the development of the Cleveland Street and Prospect Lake Park site as a major opportunity to further these strategies by adding a mixed-use project that activates the street and creates living opportunities for the District’s workforce. City of Clearwater

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Council Worksession Meeting Minutes August 4, 2014 The CRA released a Request for Proposals/Qualifications (RFP/Q) 12-13 on February 19, 2013 with the goal of selecting a qualified Development Team to successfully develop the 5.91+/- acre site located on Cleveland Street and Prospect Avenue in Downtown Clearwater, one block east of the Downtown Core. The successful proposal was submitted by Prospect Park Development, LLC (Developer). The proposal consists of 257 market-rate rental dwelling units and up to 24,000 sq. ft. of allowable ground floor retail. Approximately 7 of these units will be Live/Work units fronting Cleveland Street, which will be composed of a retail/office space and a residential component. The project will have 300 parking spaces and approximately 10,000 sq. ft. of accessory uses (exercise area, leasing office, and business center). On June 10, 2014, the CRA and the Developer entered into the Agreement for Development and Purchase and Sale of Property (Development Agreement). The Development Agreement requires that the CRA is, or will be, the owner of the project site by the closing date. The City owns approximately 77,834 square feet of property (City Parcel) within the project site. The CRA owns approximately 3,829 square feet of property (CRA Parcel) that it will no longer need following the transfer of property to the Developer. The CRA Parcel is not located within the project site and is adjacent to city-owned property. The Exchange Agreement stipulates that the City will transfer the City Parcel to the CRA and the CRA will transfer the CRA Parcel to the City. The City purchased a portion of the City Parcel on July 1, 1999, from Dimmitt Car Leasing, Inc. (Dimmitt). The deed used in that conveyance failed to properly describe a previously vacated alley. Staff recommends Council acceptance of a Quit Claim Deed from Dimmit, prior to conveyance of the City Parcel to the CRA, to cure what is otherwise a title defect. The City Parcel was acquired by the City with Stormwater Utility enterprise funds and grant funding from the HUD. HUD will be reimbursed for a portion of this grant to remove any grant-related restrictions from the City Parcel. The reimbursement amount has not been determined, however, will not exceed $301,303. When determined, the CRA will transfer the appropriate amount to the City as compensation for the land transfer. The City will then transfer these funds to the Stormwater Utility for final disbursement to HUD. The City will reimburse $237,870 to the Stormwater Utility enterprise fund. This amount will provide full reimbursement eliminating all restrictions that would otherwise be applied to property acquired with this funding source. Resolution 14-28 authorizes the transfer of property and executing the Special Warranty Deed. USE OF RESERVE FUNDS: The balance currently remaining in General Fund available reserves is $10.00 million after deductions for: $1.4 million used to fund the original Fiscal Year 2014 operating budget; $1.1 million of items funded from General Fund City of Clearwater

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Council Worksession Meeting Minutes August 4, 2014 reserves approved by Council during fiscal 2014 (representing Fiscal Year 2014 budget amendments); and $9.8 million reflecting the required 8.5% General Fund reserves per Council policy. This agenda item, if approved, will decrease the available balance from $10.00 million to $9.77 million.

In response to a question, Economic Development and Housing Director Geri Campos Lopez said once the sale closing is completed, staff will pursue the allowable deducts from the amount due to HUD. Closing is expected to occur next Monday.

3.5 Approve the First Amendment to Agreement for Development and Purchase and Sale of Property by and between the Community Redevelopment Agency (CRA) and Prospect Park Development, LLC (Developer); and authorize the appropriate officials to execute same. (consent) On June 10, 2014, the CRA and the Developer entered into the Agreement for Development and Purchase and Sale of Property (Development Agreement) in response to Request for Proposals/Qualifications (RFP/Q) 12-13. The City joined the Agreement in order to cooperate and support the CRA in meeting its obligations to grant easements over city property for the construction of the project and enter into these agreements. In summary, the mixed-use project consists of 257 market-rate rental dwelling units and up to 24,000 sq. ft. of allowable ground floor retail. Approximately 7 of these units will be Live/Work units fronting Cleveland Street, which will be composed of a retail/office space and a residential component. The project will have 300 parking spaces and approximately 10,000 sq. ft. of accessory uses (exercise area, leasing office, and business center). As part of the site plan approval process, it became necessary for the Developer to request additional commercial entitlements to ensure that sufficient commercial square footage is available for both the retail uses and the Live/Work units. Therefore, the Development Agreement needs to be amended to reflect the change that the “Project” means the 257 residential multi-family dwelling units, including 7 Live/Work units, and appurtenant facilities and up to 24,000 square feet of allowable ground floor retail space. While the proposed design of the ground floor retail spaces and Live/Work units (Buildings A and B) have remained unchanged, the calculation of the allowable commercial space has been refined. The first amendment to the Agreement reflects this change throughout the Agreement. A second amendment to the Agreement includes language requested by the Construction Lender to clarify and amend the following: a) notice of default, b) a name and address to send such notices, and c) an additional 30 days, for a total of 90 days, for the Construction Lender to respond to the CRA’s notice of default. The final amendment to the Agreement is a revised Proposed Site Plan. As City of Clearwater

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Council Worksession Meeting Minutes August 4, 2014 part of the site plan approval process, the Developer needed to make adjustments to Building E, or the building closest to Martin Luther King, Jr. Ave. (MLK), in order to overcome safety concerns from nearby electrical transmission lines. In the best interest and marketability of the project, the project was redesigned to increase the building setback of Building E from 0 feet to 40 feet (45 feet from the transmission lines), reduce the height from three to two stories (approximately 41 feet to 29 feet in height) thereby reducing the number of dwelling units from 37 to 5. The 32 units removed from Building E were divided equally among Buildings C and D (total dwelling units in each building increased from 48 to 64) adding an additional floor to each building and increasing the height of the buildings (from approximately 37 feet to 58 feet). The total number of units in the project and general location/building footprints of Buildings C and D remain unchanged. The project site plan was approved by the Community Development Board on July 15, 2014. The anticipated closing date for the purchase/sale of the property is mid-August 2014. 3.6 Approve the Agreement for Restricted Land Use (Agreement) between the City of Clearwater and Prospect Park Development, LLC (Developer), to be executed and recorded following the sale of real property from the Community Redevelopment Agency (CRA) to the Developer; and authorize the appropriate officials to execute same. (consent) On June 10, 2014, the CRA and the Developer entered into the Agreement for Development and Purchase and Sale of Property (Development Agreement) in response to Request for Proposals/Qualifications (RFP/Q) 12-13. The City joined the Development Agreement in order to cooperate and support the CRA in meeting its obligations to grant easements over city property for the construction of the project and enter into these agreements. In summary, the project consists of 257 market-rate rental dwelling units and up to 24,000 sq. ft. of allowable ground floor retail. Approximately 7 of these units will be Live/Work units fronting Cleveland Street, which will be composed of a retail/office space and a residential component. The project will have 300 parking spaces and approximately 10,000 sq. ft. of accessory uses (exercise area, leasing office, and business center). In order to accommodate and allow for the required permitting of the project, the City agrees that the City stormwater property (a.k.a. Prospect Lake) shall not be used for the development or building of any habitable structure within 30 feet of the Developer property. This Agreement to restrict the 30 feet of city property is necessary because the project is approved to be constructed up to the Developer’s property line. The 30-foot restriction solves the requirement for fire resistance ratings and limits on exterior walls of buildings based on separation from property line as outlined in Chapter 6 of the Florida Building Code (FBC). The code requires higher and higher fire ratings and less and less openings as a building gets closer to the property line. This dedicated, no construction zone will act similar to frontage on a right-of-way (ROW) which is City of Clearwater

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Council Worksession Meeting Minutes August 4, 2014 addressed in the FBC. Frontage on ROW is not limited in building wall openings and requires no fire rating. The city property is a stormwater utility asset. The 30-foot area bordering the property line is currently used as a sidewalk/recreation trail. As such, the City has no plans for the development of habitable buildings within the 30-foot buffer identified in the Agreement. 4. Finance 4.1 Approve settlement of the liability claim of Ms. Kristina Marie McGarry for payment of $30,000 and authorize the appropriate officials to execute same. (consent) The claimant was traveling north on Missouri Ave and while turning right onto Court Street, was rear ended by a City vehicle. The claimant was injured as a result which is the basis of this claim. Ms. McGarry’s claim can be settled for $30,000.00. The City’s limit of liability as provided by Section 768.28, Florida Statutes is $200,000. The City’s Risk Management Division and City’s Claims Committee recommend this settlement. Funding for the payment of this settlement is available in the budget for claims expense in the Central Insurance Fund APPROPRIATION CODE AND AMOUNT: 590-07000-545900-519-000 $30,000.00 5. Parks and Recreation 5.1 Approve a one year Blanket Purchase Order with Smith Fence Company, Clearwater, FL, in the amount of $200,000 for the purchase of labor, materials and equipment to install and remove temporary as well as permanent fencing for special events, recreation facilities including tennis courts, ballfields, basketball courts, perimeter fencing and construction projects. (consent) With over 100 parks in the City, there is a steady supply of minor and major fencing projects that need to be addressed every year. It is difficult and time consuming to get quotes and/or bids for each small project and we find that we get better pricing by going with larger contracts/BPO’s. Any large construction project that exceeds the $50,000 limit will be bid out separately according to the current City policy and if over $100,000, brought before the Council for approval. Smith Fence Company has been very responsive to the City’s needs this past year. Smith Fence Company is the Pinellas County Co-ops low bidder until City of Clearwater

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Council Worksession Meeting Minutes August 4, 2014 May 7, 2016 when new bids will be solicited.

APPROPRIATION CODE AND AMOUNT: Funding for this BPO will come from a variety of operating and capital improvement codes in the Parks and Recreation Department, one of which is a CIP project specifically designated as Fencing Replacement Program. 6. Police Department 6.1 Approve an Equestrian Patrol Equine User Agreement among the City of Clearwater, Nancy Miller, and Deborah Storey to use two horses for use in activities associated with the Police Department’s Equestrian Patrol Unit, and authorize the appropriate officials to execute same. (consent) The Police Department is continually exploring mechanisms to enhance its law-enforcement capabilities and its community outreach abilities. The Police Department created an Equestrian Patrol Unit in August of 2011, which has utilized a horse owned by Nancy Miller and a horse owned by volunteer Deborah Storey for the purpose of participating in community engagement and education, public relations activities, and searches in areas not easily accessible to vehicles or to officers on foot. The Equestrian Patrol Unit has been comprised of two members: a Police Department Reserve Officer (Nancy Miller) and a Police Department Volunteer (Deborah Storey). As a reserve police officer assigned to the Equestrian Patrol Unit, Nancy Miller has arrest powers as authorized by Florida State Statutes, but will refrain from direct enforcement action unless immediate intervention is necessary to prevent great bodily harm or death during an in-progress, violent offense. The two horses have been boarded on real property owned by Nancy Miller. The numerous costs incurred by Nancy Miller in providing transportation of both horses to law-enforcement related activities connected with the CPD Equestrian Patrol are as follows: • Heavy Duty Truck for towing a horse trailer - Approximate cost $25,000. • Truck Maintenance - Approximately $1010 yearly (washing, vacuuming, oil changes, regular maintenance, tires, etc.). • Horse Trailer - Approximate cost $12,000. • Trailer Maintenance - Approximately $350 yearly (Replace mats, jack, wiring & light replacements, cleaning, shavings, etc.). • Storage - Location where it will be accessible, safe and not in the way City of Clearwater

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Council Worksession Meeting Minutes August 4, 2014 An example of the owners’ yearly costs to maintain two horses is as follows: • Vaccinations annually - ($100 per horse X 2 times per horse X 2 horses) $400. • Ferrier annually - (About 9 times a year at $35 a visit per horse) $630. • Feed, hay, supplements annually - $4512. • Grooming supplies, fly spray, hoof meds annually - $720. • De-worming annually - $80. The Agreement will provide a more simplified and clearer method of providing partial reimbursement for the costs in providing two horses by authorizing a total monthly, lump sum payment of $300 to be made to Nancy Miller in addition to the mileage reimbursement. The Agreement is for a three-year period and may be terminated by any party with or without cause upon written notice. There will be no direct impact to the Police Department’s current or future operating budget(s) as a result of the continuation of the Equestrian Patrol Unit within the Police Department. Costs will be funded from Special Program Project 181-99329, Investigative Cost Recovery. APPROPRIATION CODE AND AMOUNT: Total monthly payment of $300 is a fixed reimbursement; other costs to be reimbursed are approximate. There will be no direct impact to the Police Department’s current or future operating budget(s) as a result of the continuation of the Equestrian Patrol Unit within the Police Department. Costs will be funded from Special Program Project 181-99329, Investigative Cost Recovery.

In response to a question, the City Attorney said staff received a formal opinion from the Ethics Commission regarding doing business with own agency. The Commission opined that there is no conflict.

6.2 Approve acceptance of Department of Justice, Bureau of Justice Assistance (DOJ/BJA) Edward Byrne Memorial Justice Assistance Grant in the amount of $58,283, additional 1.4 Full Time Equivalent Position (FTE), and authorize the appropriate officials to execute same. (consent) On May 15, 2014, Clearwater Police Department (CPD) was granted approval by the City Council to submit a grant application in the amount of $58,283 under the federal Justice Assistance Grant (JAG) program to continue its successful Report Review Team Program. The Program was originally launched in 2011 with JAG funding. That grant has been officially awarded and CPD now seeks approval to accept it. The RRT Program was created as a means to increase supervisor efficiency City of Clearwater

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Council Worksession Meeting Minutes August 4, 2014 within the Police Department. The RRT Program removes the burden of report review from first line supervisors. Implementation of the RRT Program has resulted in efficiencies for field supervisors by allowing them to focus on evaluation and supervision of field personnel, employee coaching, community problem solving, and reaching other Department and community goals. The smaller review team has also allowed for greater accountability and consistency in the final work product. The RRT Program operates under the supervisory umbrella of the Crime Analysis Unit. The team reviews, approves, and disseminates the majority of police reports generated by the Patrol Division, Police Service Technicians, and Crime Scene Technicians to ensure that these reports meet the minimum standards set forth by the Department. Additionally, the team is responsible for the tracking of reports to ensure a timely review and to provide feedback to patrol, and other, supervisors if corrective action is necessary. The 2014 JAG grant will fund the salary and benefits of approximately 1.4 full-time equivalent report reviewer position(s). This is based on a maximum of 100 hours per week to be shared among four employees for a total 5,200 hours annually. Based on the Pay Plan and using an hourly wage of $19.96, salary costs are estimated at $54,142, with benefit costs for social security at $4,141. The total estimated cost of this 1.4 FTE, $58,283, will be funded by the JAG Grant. The total cost of the program will be $111,979 with $58,283 being funded with the Justice Assistance (DOJ/BJA) Edward Byrne Memorial Justice Assistance Grant and the remaining employee costs of approximately $53,696 being funded from the Investigative Cost Recovery Project. There is no mandatory match for this grant. The $53,696 from the Investigative Cost Recovery Project will be reflected in the grant budget as a voluntary match. There is no retention requirement associated with this grant and the additional positions will be eliminated when grant funding expires. There will be no direct adverse impact to the Police Department operating budget. Because the RRT Program is so successful, it is proposed that subsequent years continue to be funded through the same grant and/or the Investigative Cost Recovery Project.

Special project number 181-99206, 2014 Report Review Team Program, will be established to account for the grant expenditures. In addition, Special Project 181-99329, 2014 RRT-Invest Cost Recovery, will be used to fund the Investigative Cost Recovery portion of the grant. APPROPRIATION CODE AND AMOUNT: There will be no direct adverse impact to the Police Department operating budget. Special project number 181-99206, 2014 Report Review Team City of Clearwater

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Council Worksession Meeting Minutes August 4, 2014 Program, will be established to account for the grant expenditures. In addition, Special Project 181-99329, 2014 RRT-Invest Cost Recovery, will be used to fund the Investigative Cost Recovery portion of the grant. 7. Engineering 7.1 Award a construction contract to Steve’s Excavating and Paving, Inc. of Dunedin, Florida, for the Wood Valley Traffic Calming Project (07-0039-EN) in the amount of $811,876.83, which is the lowest responsible bid received in accordance with the plans and specifications, and authorize the appropriate officials to execute same. (consent) This project involves construction of traffic calming features in the Wood Valley Neighborhood envisioned by community residents at the Wood Valley Traffic Calming Charrette and supported by a petition signed by owners of over 65% of the parcels in the project area. The engineering plans were reviewed for faithfulness to their charrette vision by residents belonging to the Wood Valley Traffic Calming Tech Team at all project milestones. The Tech Team has kept the neighborhood informed about the project through personal contact at their bi-monthly community meetings. Traffic calming features include a single lane modern roundabout at the intersection of Fairwood Avenue and Park Trail Lane, oval medians, speed tables, traffic separators, and landscaping. The project also includes minor work on the CSX Railroad right-of-way which includes new curbing and extension of a drainage pipe under Fairwood Avenue. Work will commence upon award and execution of the contract and will be completed within 240 calendar days. Ongoing maintenance of the landscaping elements of the project shall be provided by the Parks and Recreation Department. The landscaping was designed, with Parks Department input, for low maintenance. Street signage and pavement markings shall be maintained by the Traffic Operations Division. APPROPRIATION CODE AND AMOUNT: 0315-92276-563700-541-000-0000 Sufficient funds are available in capital improvement program project 315-92276, Traffic Calming Program, to fund this contract.

In response to questions, Traffic Operations Manager Paul Bertels said there is one more mid-size traffic calming project scheduled for next year and will cost approximately $1.2 million. That will be the final mid-size project. The traffic calming program was created to address a high accident problem in

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nine identified neighborhoods. The City Manager said staff prefers to employ less expensive solutions to address traffic calming concerns, as past councils felt the expense could not be justified. Mr. Bertels said prior to construction, staff talks to each resident and leaves a door hanger.

7.2 Approve the revised Interlocal Agreement for the unification of the Metropolitan Planning Organization (MPO) and the Pinellas Planning Council (PPC), authorize the appropriate officials to execute same and adopt Resolution 14-27. On July 15, 2014 the Metropolitan Planning Organization (MPO) sent a letter to the all local governments in Pinellas County, including the City of Clearwater and the Pinellas Suncoast Transit Authority (PSTA), requesting that they execute the revised Interlocal Agreement for the unification of the MPO and the Pinellas Planning Council (PPC). The purpose of the Interlocal Agreement is to take two separate entities, the MPO and the PPC, and unify them into a single entity that will be more efficient by eliminating duplication of efforts and reducing overall costs. The original Interlocal Agreement was sent to all local governments on March 19, 2014 but after some concerns from the City of St. Petersburg, the Florida Department of Transportation (FDOT) agreed to revise the agreement to incorporate the changes requested by the City of St. Petersburg. The City of Clearwater never executed the original March 19, 2014 agreement since there were revisions taking place. The MPO has requested that all local governments in Pinellas County disregard the original March 19, 2014 agreement and approve the revised Interlocal Agreement by the end of August 2014 so that they can seat the new board at their September 10, 2014 meeting. In response to questions, Traffic Operations Manager Paul Bertels said the

item before Council addresses the unification of both policy boards. The matter related to operating with one common Executive Director is an internal matter the MPO will address at a later date.

7.3 Approve the final plat for JCPenney Subdivision, whose physical address is 2610 Countryside Boulevard and is located on the J.C. Penney parcel at Countryside Westfield Mall. (consent) This plat will create 2 lots from the existing unplatted parcel. The overall site consists of 13.4 Acres. City of Clearwater

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Council Worksession Meeting Minutes August 4, 2014 The property is within the city limits of Clearwater and the current zoning is Commercial (C). The proposed project was approved by the Community Development Board on February 18, 2014. 8. Library 8.1 Award the Construction Manager (CM) at Risk contract to Ajax Building Corporation of Oldsmar, Florida, to construct the Countryside Branch Library (11-0059-LI), amend the budget and scope for the Countryside Library Renovation project to a new total of $7,102,668, an increase of $852,668 over the original $6,250,000 budget to include HVAC upgrades and chiller costs for the Countryside Recreation Center, approve Library GMP of $5,462,668, which includes approval of $173,511 in additional library funds to cover unforeseen items, approve $679,157 to design and construct HVAC upgrades to the Countryside Recreation Center, and authorize the appropriate officials to execute same. (consent) The Countryside Library project includes construction of a new 22,404 square foot, 1-story library on Sabal Springs Drive, adjacent to the Countryside Recreation Center. Council approved the selection of Ajax Builders as the CM at Risk firm for the library in December 2013. The item noted that Ajax would provide preconstruction services under a Purchase Order including design review and construction cost estimating. Once design approached final construction documents, staff would present a guaranteed maximum price contract to Council for approval. The contract allows for management fees based on a percentage of the Guaranteed Maximum Price (GMP) to construct the project of 5.0% for construction phase services. The construction is estimated to last one year, August 2014 to August 2015. The Library Department will be responsible for the day-to-day facility operations, and the Building and Maintenance Department will be responsible for maintenance of the library. This item requests additional funding for items unforeseen in the budgeting for design and construction of the library, summarized as follows: $68,081 - sanitary lift station due to shallow existing sanitary pipes $59,406 - cost impact due to geotechnical conditions requiring over excavation under library footprint $46,024 - cost to provide LED lighting in lieu of fluorescent with an estimated City of Clearwater

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Council Worksession Meeting Minutes August 4, 2014 20-year pay back $173,511 - additional Library funds requested This item also requests funding to cover upgrades to the existing HVAC system at the Countryside Recreation Center. The timing of the needed upgrade coincides with construction of library. The chilled water system is estimated to save over $800,000 in energy costs over a 30-year lifetime with an eleven-year pay back. Similar life cycle energy savings are anticipated for the Library. Hence to optimize efficiency and cost savings, the upgrade will be included in the construction of the library, summarized as follows: $237,157 - 50% of equipment and construction cost of chiller yard and piping, included in GMP $42,000 - design cost to upgrade the Recreation Center HVAC system to chilled water $400,000 - cost to construct HVAC interior upgrades to Recreation Center $679,157 additional funds requested to design and construct Recreation Center upgrades APPROPRIATION CODE AND AMOUNT: Funding for the contract is provided in the Countryside Library Renovation project with the current budget of $6,250,000. Funding for the additional costs outlined above will be provided by an additional allocation of $812,668 of Penny for Pinellas infrastructure funds. An additional allocation of $40,000 of General Fund reserves is necessary for library moving expenses and artist fees that were originally projected to be covered by Penny for Pinellas funds, but those expenses do not qualify for Penny funding. Removing those costs from Penny funding will allow some offset of the added scope of work, leaving a total of added funds equal $852,668, for a new budget total of $7,102,668.

The Council recessed from 2:56 p.m. to 3:00 p.m. In response to questions, Engineering Construction Manager Tara Kivett said

the geotech cost was related to soil borings that required additional excavation of the site (12-18 in.) and additional boring tests in the footprint of the library. Need for a lift station was identified after determining the existing sanitary system was too shallow and did not have the capacity to manage both facilities. The lift station will improve service to the library. The facility will be Energy Star efficient. Ms. Kivett said in order for the building to be LEED certified, the City must follow the official building process. Lighting and visual barriers will be installed adjacent to the sidewalk on Sabal Springs Drive to increase safety. Harvard Jolly Architect said the energy payback on the LED lights is twenty years. LED fixtures are still expensive but expected to decrease in time. Library Director Barbara Pickell said the $680,000 is for the

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recreation center’s design to retrofit the interior of the center to accommodate the chiller, including half the cost of the chiller. Ajax representative Bill Burn said the mechanical portion of the work for the new library is $729,000. The payback on the chilled water versus direct exchange air conditioning is 11 years. Ms. Pickell said there is no lighting in the parking lot at the recreation center. Donations to install lighting will be sought.

Staff was directed to provide information on the subcontractors for the geotech and lift station. Staff was directed to take the item off the Consent Agenda.

9. Planning 9.1 Approve an amendment to an existing services agreement with HDR Engineering, Inc. of Tampa, Florida for the US 19 Corridor Development Code, increasing the purchase order by $28,200 to $118,200 as described in the Additional Services Scope of Work, authorize the appropriate officials to execute, and authorize the allocation of General Fund reserves in the amount of $28,200. (consent) The US 19 Corridor Redevelopment Plan is a guiding document that summarizes the current context of the corridor and sets forth an implementable vision to strengthen the identity, design, mobility, and competitiveness of the corridor in the region. The Planning and Development Department has moved forward with implementation of the Revitalization and Redevelopment strategies by hiring HDR to develop new zoning district regulations and new design standards for properties on the US 19 corridor. Under the current agreement, the project provides for HDR to participate in a specific number of public meetings and staff work sessions, and produce a limited number of drafts of the code for staff and public review. Total compensation for work completed under the existing agreement is $90,000. Due to the complexity of the project, the Department has discussed with HDR the need for additional tasks not called for under the existing agreement. These additional services include additional workshops and work sessions with staff as well as the preparation of two working drafts of the code. Further, two additional key stakeholder work sessions are proposed in order to allow for continued discussion with a group of corridor stakeholders with which the Department and HDR previously met to review the Code Context and Concepts report (as presented to City Council on March 31, 2014). The original project budget was included in the current Planning and Development Department operating budget and within the City Manager’s approval limits;

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Council Worksession Meeting Minutes August 4, 2014 however, the additional funding request of $28,200 would increase the project budget to $118,200 which requires approval by the City Council, and requires the allocation of $28,200 from General Fund reserves. APPROPRIATION CODE AND AMOUNT: Funding for this additional contract cost will be provided by a third-quarter budget amendment allocating General Fund reserves in the amount of $28,200 to the Planning and Development Department operating budget (010-01420-530300). USE OF RESERVE FUNDS: The balance in General Fund reserves is approximately $19.7 million, or 17.2% of the 2013/14 General Fund operating budget. Inclusive of the $1.4 million used to fund the current operating budget, a total of $ 2.488,215 of General Fund reserves has been used to date to fund expenditures in the 2013/14 operating budget.

In response to questions, Planner Lauren Matzke said staff has been in direct contact with PSTA throughout process and code had to be based on travel envelope assumptions and Bus Rapid Transit (BRT) stops. The BRT stops provided were from a preliminary study several years ago and were used to create the structure for the US Highway 19 corridor and were the best available data at the time. The likelihood of having several BRT stops so close together is very slim.

10. Public Communications 10.1 Award a one-year contract to North Star Destination Strategies for a not to exceed amount of $100,000 for community branding services and authorize the appropriate officials to execute same. (consent) As part of the 2014 Strategic Planning process, a need was identified to Develop and Promote Our Brand. Completing this task involves retaining an outside branding consultant to research and develop a new community identity. Clearwater has not had a consistent brand image in the past ten years and is now seeking to cross-functionally market Clearwater to drive business, relocation, tourism and general perception. The City currently has a fragmented perception and has different groups working in different directions. The City seeks to work together to create a seamless image amongst these organizations under one overall marketing plan. The final plan will also involve coordinating with city-related groups including the Chambers of Commerce, Economic Development, elected officials, staff and businesses. The City’s brand is what people say about Clearwater. That impression is a

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Council Worksession Meeting Minutes August 4, 2014 combination of emotional and intellectual reactions to all the different experiences, marketing communications and behaviors people have encountered on behalf of Clearwater. Branding is the process the City will embark upon to change, refine or improve what people say and think about Clearwater. APPROPRIATION CODE AND AMOUNT: Funds are available in the strategic direction action plan project 99860 to fund this project.

In response to questions, Public Communications Director Joelle Castelli said neighborhoods will be included in the process. Staff has asked that Northstar reach out to the Convention and Visitor’s Bureau (CVB). The CVB’s efforts are directed to tourism branding for those outside of the community. Northstar will work with local residents, entities, neighborhoods to define and refine the City’s brand.

10.2 Provide Direction for Neighborhoods Day 2015 (WSO) Public Communications Director Joelle Castelli reviewed recent efforts for

planning Neighborhoods Day. The Department has a new staff member that helps with neighborhood liaisons with neighborhood activities. Staff is requesting direction on the following areas: 1) change location format from neighborhood to a regional event, 2) hold event at different time of year, 3) set time of neighborhood activities from Noon to 5:00 p.m. instead of Noon to 8:00 p.m., 4) provide an additional ice cream truck to visit neighborhoods, 5) continue $250 neighborhood grant for Neighborhood Day festivities, and 6) allow alcohol in neighborhood pocket parks.

The City Manager said typically there are twenty neighborhoods participating in Neighborhoods Day. Some members of Council have expressed an interest in visiting all parties. Some neighborhoods host activities after 5:00 p.m. The City Attorney said allowing alcohol in a park, even if it is a city co-sponsored event, will require a code change. Alcohol is permitted in the right-of-way if the event is designated a block party. The City Attorney said special events are held by area; a citywide special event is not permissible. Parks and Recreation Director Kevin Dunbar said the State of Florida requires alcohol licenses in order to distribute alcohol if the Home Owners Association is registered as a not-for-profit, it can obtain up to three alcohol permits each year. The City was granted additional permits at Coachman Park through a

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special legislative act. Each neighborhood would be required pull their own alcohol license. Assistant City Manager Jill Silverboard said if the Home Owners Association is not registered with the State, the HOA will have to use private homeowners insurance to meet the liability requirement.

Discussion ensued with direction given to continue programming in each neighborhood location, schedule Neighborhoods Day in 2015 on February 28, provide a copy of Council’s schedule to all participating neighborhoods, have council and staff commit to ten parties from 1:00 p.m. through 6:00 p.m., add one ice cream truck to event activities for an additional $1,500 cost, and continue $250 neighborhood grant program. There was no consensus with pursuing allowing alcohol in parks.

11. Official Records and Legislative Services 11.1 Appoint Candace Hays to the Sisters Cities Advisory Board as the Clearwater Sister Cities, Inc. representative to fill the remainder of the unexpired term, which expires on July 31, 2015. (consent) 12. Legal 12.1 Adopt Ordinance 8570-14 on second reading, amending Section 3-1508 of the Community Development Code of the City of Clearwater to clarify prohibited noises. The proposed amendments are intended to more clearly capture within the types of prohibited noise those rumbling or reverberating rhythmic bass type sounds that many residents frequently hear while traveling by motor vehicle throughout the city or within their residences. Additionally, because the courts have held that amplified music is a form of communication and expression protected by the First Amendment, the proposed amendments will fortify the noise ordinance against constitutional attack. For example, the Florida Supreme Court held that the State of Florida’s noise statute prohibiting sounds heard 25 feet or more and coming from motor vehicles was unconstitutional because those engaged in political or commercial activities while using a sound truck, for example, were exempted from the noise statute. Similarly, the preferential treatment afforded to noise coming from religious worship activities regardless of how disturbing the noises are to reasonable persons of ordinary sensibilities could subject the ordinance to an attack under the Equal Protection Clause of the Federal and State Constitutions. For example, currently, the exception would arguably allow a church to ring bells at City of Clearwater

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Council Worksession Meeting Minutes August 4, 2014 2:00 a.m.; and police could not take any action because of the exemption contained in the ordinance. The exemption is unnecessary because a police officer will always be making a determination if a sound is so loud as to be disturbing to reasonable persons of ordinary sensibilities. Thus, it is difficult to conceive of a situation where a church was engaged in routine worship activities that would ever meet the threshold of becoming a noise violation: that is, that a reasonable person of ordinary sensibilities would find the activity to be disturbing. Moreover, the intent clause added to Section 3-1508A clearly states that “[i]t is the intent of this section to regulate unreasonably excessive noise and not to interfere with or unduly burden the exercise of a person’s freedom of speech, expression, or religion.” 13. City Manager Verbal Reports 13.1 2015 Trip to Nagano

The City Manager said the Nagano officials had difficulty with Council’s suggested dates. Administrative Support Manager Felicia Leonard said Nagano officials have suggested the following dates: September 27, 2015 through October 3, 2015, October 5-9, 2015, or October 22-30, 2015. There was consensus to suggest September 21-26, 2015 or October 21-26, 2015.

14. City Attorney Verbal Reports The City Attorney advised Council that an Attorney-Client will be scheduled on

September 4, 2014, to be held before the council meeting; the formal request will be presented at the next council meeting.

15. Council Discussion Item 15.1 Food Truck Ordinance - Vice Mayor Hock-DiPolito

Vice Mayor Hock-DiPolito requested consideration to allow food truck vendor rallies within the City. Discussion ensued regarding what is stated in the Code of Ordinances as it relates to mobile vending. Planning and Development Assistant Director Gina Clayton said the code permits our Parks and Recreation Department or a

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regularly licensed concessionaire to sell food in a Right-of-Way. Planning and Development Director Michael Delk said a food truck rally event could be handled under the special events permit process. It was suggested that the sponsor of Blast Friday reach out to the food truck vendors. Assistant City Manager Rod Irwin said he will speak with the organizers of Blast Friday to see if they would be interested in including food vendors in their special events permit. The City Manager suggested getting input from the Chambers of Commerce.

15.2 Florida League of Cities 2nd Vice President Election - Councilmember Jonson

Councilmember Jonson said Seminole Vice Mayor Thom Barhorn dropped out of the race for FLC 2nd Vice President. The other two candidates currently in the race are Susan Haney from Boca Raton and Gil Ziffer from Tallahassee.

There was consensus to support Ms. Haney.

16. New Business (items not on the agenda may be brought up asking they be scheduled for subsequent meetings or work sessions in accordance with Rule 1, Paragraph 2) – None. 17. Closing Comments by Mayor – None. 18. Adjourn The meeting adjourned at 4:46 p.m.

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