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01/16/1996 (2) ,.,? . ,.,, . s ??.. CITY COMMISSION WORK SESSION CITY OF CLEARWATER January 16, 1996 Present: Rita Garvey Sue A. Barfield Fred A. Thomas J. B. Johnson Robert Clark Elizabeth M. Deptula William C. Baker Kathy S. Rice Pamela K. Akin Cynthia E. Goudeau Patricia 0. Sullivan Mayor/Commissioner Vice-Mayor/Commissioner Commissioner Commissioner Commissioner City Manager Assistant City Manager Deputy City Manager City Attorney City Clerk Board Reporter The meeting was called to order at 9:00 a.m. at City Hall. Service Awards Fourteen service awards were presented to City employees. The Commission recessed from 9:14 to 10:14 a.m. to meet as the CRA (Community Redevelopment Agency) and the Pension Trustees. ED ECONOMIC DEVELOPMENT FY 19,95/96 HOME F ndin A reem n with Pine Ila oun for funding to be provided under HOME federal housing program On June 3, 1993, the City Commission approved a three-year extension of a cooperation agreement that entities the City to a portion of HOME funding through the Pinellas County HOME Consortium. Funding will be prorated according to the amount the Federal government establishes for each participating entitlement community. For FY (fiscal year) 1995196, the City was awarded $348,097 in HOME funds. To date, none of those funds has been expended. During this fiscal year, staff recommends funding: 1) Owner-Occupied Rehabilitation Program for low/moderate income families to rehabilitate existing owner-occupied housing units - $156,644; 2) Home-Buyer Assistance Program for low/moderate income families to acquire single-family housing units - $156,644; and 3) Program Administration - $34,809. The HOME Program requires a 25% match from non-Federal sources which the City has defined as the SHIP (State Housing Incentive Partnership) award and other project related resources. mws01 b.96 1 01/16/96 1 M i f Economic Development Director Alan Ferri said his staff is capable of managing this level of funding. During the fast fiscal year, Economic Development expended S 1.6-million= in a redevelopment block grant, $435,000 in HOME funds, and $80,000 in SHIP funds. In answer to a question, Mr. Ferri said funds are available to participants as loans if the owners continue to meet eligibility requirements of occupation for at least five years. Housing rehabilitation loans are usually due on sale and depend on a family's ability to repay. Candidates eligible under the HOME program are very low income without the ability to amortize a loan. Participants are not penalized for increasing their income. The Federal government annually identifies levels for low and moderate income. In answer to a question, Mr. Ferri said this is a HUD (Housing and Urban Development) program. Administration expenses cover efforts by the loan officer, rehabilitation manager, assistant manager, secretaries, other staff, and Mr. Ferri to oversee the program's administration. This funding is included in the department's budget. GS GENERAL SERVICES Purchase 1-9216-mid-size-window van from Bill Curri Ford,-Tampa, FL for $17,437; n h f II win v I n r F A FI rid heriff' AssociajLQD) Bid N. 95-030925: two 7 r ill vehiclefi from Brandon Chrygler-Plymouth-Jeep Ea le Brandon FL for ?37,248: two 1,99.§ 112-013 pic?Ups with togger b dlin from Carlisle Ford, S. Petersburn L for $31,444.50@ nd w rd mini r iv f of 200 o FSA, also, r h 7 f ll- iz panel truck-fro m R agency D d In Jacksonville, FL, under State Contract No. 070-300-403, for $17,744; total cost of these purchases not to f exceed $104,073.50; funding to be provided under City's master lease-purchase agreement The City Manager, Chief of Police, and General Services' fleet staff recommend replacing the six confiscated trucks the Police Department incorporated into their Investigative Division fleet during the last few years. This purchase includes mixed sizes and colors to meet surveillance and other unique needs. The cost of $6,330 for premium warranties was not included in the bid solicitation and was added to the bid price. Concern was expressed that vehicle purchases have not been standardized per City Commission direction. It was noted several of these vehicles are for surveillance purposes. The City Manager said it is difficult to standardize purchases due to timing and bidding issues. It was noted City policy is to purchase the fewest number of brands so the fewest amount of parts are required and maintenance training costs are reduced. General Services Director Bill Baird said during the last two years, the City has not had the luxury of choosing certain brands due to shortages of fleet vehicles and manufacturer cut off dates. It was suggested that purchases be made earlier in the manufacturing cycle. The City Manager reported a committee has been formed to address this issue. She suggested the intent to purchase may need to be issued prior to City Commission approval of the budget. EN ENGINEERING mws01 b.96 2 01/16/96 Res. #96-04 - officially naming access road to the new Pier 60 Park as "Pier 60 Drive" 7 (formerly Marianne Street and Coronado Drive) The Pier 60 Park design includes the Marianne Street and Mandalay Avenue rights- of-way. The new drop-off road needs an official name. The name "Pier 60 Drive" was recommended as it associates the new roadway with the park for easy public identification. It was suggested the name of Marianne Street be changed to Pier 60 Drive. Engineering Director Rich Baler will check to see if anyone is addressed on Marianne Street and bring that item back separately. Concern was expressed regarding a Holt Avenue sign that is angled at 45 degrees. Engineering will investigate. P li Hearing - DeclarQ suralljg f r h n in for o h r real r er nor h rl 27,75' I f vacant r loca-te-d at 155 1 -gulf Blvd. --on an K, Sec. 19-29-15, M&B 43.01 On December 17, 1992, the City purchased the subject Sand Key parcel of 2.45 acres of upland and 1.35 acres of wetlands extending into Clearwater Harbor. The City plans to develop the upland acreage as a park and for public parking to support beach renourishment. A certified boundary survey, not available until the day after closing, reveals an encroachment, of approximately 112 foot, by a masonry addition to the Sand Key Condominium-South Bay recreation building overlapping the northeast boundary. The remainder of the northern property boundary, eastward from Gulf Boulevard, is adjacent to the driveway entrance to the condominium's recreation center. A fence along this property line would create a visual and possible safety concern for condominium owners. To ameliorate these concerns, staff and condominium officials propose to exchange upland parcels of equal value, each with approximately 3,057 square feet. The City will benefit by owning a rectangular parcel with a straight East-West northerly boundary. The condominium no longer would encroach on City-owned property and condominium property ownership would move approximately 27.75 feet south and away from the driveway entrance to the recreation center. The City-owned parcel is believed to be equal in value to the condominium parcel proposed for the exchange. The value determination, based on the City's appraisal obtained at the time of purchase, is believed to be relevant for the purposes of the proposed property exchange. It was questioned why the sale was closed before receipt of the certified boundary survey. The City Attorney said the survey was received just after closing and indicated this procedure has been changed. mws01 b.96 3 01/16/96 Contract for EXOpm of r i • 12-29-15 w' Clearwater KQy Association - South Bay .-Inc,, each parcel having an equal estimated value of $34,475; pay for environmental audit, survey update, title insurance & closing expenses estimated at $3,575 Based on MAI James M. Millspaugh's appraisal calculations performed in 1990, each parcel is approximately 3,056 square feet and could support development of 1.97 condominium units. At that time, market evidence indicated developers were paying approximately $17,500 per buildable unit. The value of each parcel is calculated at approximately $34,475 and can be exchanged reasonably without additional consideration from either party. Structural engineer Glenn Myers of PBS&J (Post Buckley Schuh & Jernigan, Inc.) visually inspected the exposed seawall on the parcel the City would receive in the exchange. Mr. Myers reports the approximate 40-feet of seawall, visible above ground level, appears to be in generally good condition. One 10-inch diameter tree, adjacent to the wall, may cause damage in a major storm event. The City would benefit in the exchange by owning a more workable rectangular parcel for development as a park and parking facility. The recreation building encroachment would no longer exist, and the condominium would enjoy safer access to :s facilities. It was questioned why the City was responsible for the cost of an environmental audit, survey update, title insurance, and closing expenses. The City Attorney will confirm the other party is also responsible for some expenses. It was questioned if a marked crossing could be installed on North Mandalay Avenue at the Yacht basin. Mr. Beier will research that request. , CP CENTRAL PERMITTING Reconsider - Contraction / De-annexation for property located at_3001 Sunset Point Rd., Sec. 4-29-16, M&B 23.03,.063 acres m.o.l. (Roetxer, A93-30, LUP93-41) The subject property, on the south side of Sunset Point Road, is approximately 1,250 feet west of McMullen-Booth Road and was once in Pinellas County jurisdiction. On December 2, 1993, the applicants petitioned the City for annexation to receive sanitary sewer service. On December 8, 1993, the County issued a building permit for the construction of the applicants' single family residence. On March 17, 1994, the subject property was annexed by the City. On May 19, 1994, the County issued a permit for construction of a fence along Oak Forest Drive. According to the petition, that fence was erected on June 7, 1994. The fence does not meet City standards and a notice of violation was issued on June 9, 194. The County permit is invalid because the property was mws01 b.96 4 01/16/96 .f annexed into the City prior to the issuance of the County permit. The fence's construction is classified as after the fact action. According to Florida Statute 171.051, contracting municipal boundaries requires that the property to be excluded did not meet requirements for annexation under Florida Statute 171.043. This is not the case as the applicants fully met the legal requirements for annexation. Due to miscommunication between staff and the applicant regarding the hearing date for the Petition, the applicant did not attend the December 7, 1995, City Commission meeting where the Commission denied the Petition. The City Attorney advised rescheduling this item for reconsideration. The City Attorney said the Roetzers had thought this item would be continued on December 7, 1995. She reiterated staff does not believe the City Commission can de- annex the subject property but indicated the applicants wish to address the City Commission regarding this matter. It was questioned if citizens will be able to address this matter. Several neighbors, including Mr. and Mrs. King, have indicated they wish to speak. The City Attorney noted this is not a public hearing. Central Permitting Director Scott Shuford will contact the interested parties of which he is aware. CA LEGAL DEPARTMENT OTHER CITY ATTORNEY ITEMS Prono2ed resolution mmi i n R le 2 The City Attorney referred to a draft resolution to amend Rule 12 of the City Commission rules relating to Commission action on items not on the agenda. The resolution indicates any expenditure of funds requiring City Commission action must be on the agenda with appropriate support material. No action may be taken on expenditures not present on the agenda unless the Commission determines, by an affirmative vote of a majority plus one, to permit action. Concern was expressed this resolution may impede the City Commission from doing their job. It was noted each City Commissioner has the right to agenda an item. The City Attorney said the language "with appropriate agenda material" could be struck to address that concern. Concern was expressed that a Commissioner may wish to present an issue discussed at a Work Session to a Commission meeting for public discussion. It was felt the rights of the City Commission should not be diminished. It was noted every Commissioner would retain the right to agenda an item for the next meeting. The City Attorney said this resolution would permit discussion of any item but an expenditure only would be permitted if the item had been agendaed with appropriate support material. It was suggested the City Commission may wish to vote for an appropriation when these rules have not been met. It was noted such a vote would be permitted if a super majority agreed. It was felt appropriate support material is essential mws01 b.96 5 01/16/96 before the City Commission votes on an expenditure. It was noted an item can be agendaed for meetings and staff can bring forward appropriate materials. It was felt this procedure would give more people a chance to address expenditure issues. The City Attorney reported she will ask permission to hire an attorney regarding an issue that has arisen regarding the Pension Fund. She will be presenting additional information regarding this matter. City Manager Verbal Reports Downtown RedevelooMg Plan Mr. Shuford reported the Planning & Zoning Board addressed the Downtown Redevelopment Plan at their January 9, 1996, meeting and proposed a number of amendments based on their concern regarding the Plan's impact on downtown property owners. Mr. Shuford will come back to the City Commission with some of the Planning & Zoning Board's suggestions. It was felt downtown building heights should be unlimited if that would result in more green space. Another opinion suggested limiting building height as Clearwater should not look like Tampa. It was noted Clearwater is not a metropolitan city and 38-story and 100-story buildings would be out of place. Mr. Shuford said the Plan includes a bonus section allowing unlimited height if certain amenities are provided. The attractiveness of a water view was noted and a suggestion was made that buildings be permitted added height the farther they are from the waterfront. Video Confgrencing The City Manager referred to the January 9, 1996, memorandum regarding video conferencing from Laura Crook, Assistant Director of Information Management . Ms. Crook indicated a good quality system would cost approximately $700,000. The City Manager recommended not pursuing this matter now. She said this issue can be revisited after the Municipal Services complex is functional. Consensus was to accept the City Manager's recommendation. f i mmi i Chambers The City Manager indicated the City generally does not allow, special interest groups to use the City Commission Chambers. She reported staff has received a request to schedule a candidate forum in the Chambers. It was noted C-View TV could broadcast the forum live if it was held there. It was felt the location is inappropriate. A suggestion was made that Time Warner first be approached to videotape one of the forums at another location. It was noted the Time Warner videotape could be aired on Time Warner's government information station and a copy could be broadcast on C-View TV. mws01 b.96 6 01/16/96 The majority of the Commission directed staff to work with Time Warner Entertainment-Advance/Newhouse and only if Time Warner is unable to cover a forum and allow C-View to air the tape would the Chambers be used for a forum. Commission Discussion Items Direction re Sand- Ke_y begf h.fgnourishment Assistant City Manager Bill Baker referred to residents' concern regarding their seawalls during the period before the beach renourishment project on Sand Key begins. He reported Coastal Engineer David Tackney surveyed the Sand Key seawalls and noted some properties already have installed revetments. The Uitimar has longard tubes which have helped the accretion of that beach. The survey indicated three properties may need revetments installed. In answer to a question, Mr. Baker indicated that property is private and this type of installation is the responsibility of the property owners. He said if Clearwater becomes part of this effort, the City would be taking on a significant responsibility if problems occur. The report's cover letter advised giving the information to the private parties and letting them decide a course of action. Copies of the report were sent to the property owners several weeks ago. A suggestion was made the City establish an ordinance requiring the maintenance of seawalls. It was questioned if the City had requested the property owners to repair their seawalls. Mr. Baker said the condition of the seawalls appears to be adequate. He ?i said revetments would protect the seawalls. It was noted Governor Chiles has indicated money for the beach renourishment project will be included in next year's budget. Consensus was for the City Attorney to pursue an ordinance requiring seawalls be maintained and the City will not construct the revetments. The Commission recessed from 11:06 to 11:15 a.m. Registration L bb i The City Attorney reviewed her January 16, 1996, memorandum addressing lobbyist registration. Consensus was to define a lobbyist as any person who is employed or retained to act on behalf of another except for public officials or government employees. Consensus was to define lobbying as attempting to influence action or non-action on any matter, including ordinances, resolutions or other action. It was felt that those who address City Commission meetings are not lobbying as they are arguing their case in the "Sunshine." mws01 b.96 7 01/16/96 r4) Consensus was to require registration for all lobbyists who communicate with City Commissioners except those who only speak at public meetings, those who are compelled to appear before a board, and those who are called by City Commissioners for information. The City Attorney expressed concern that registration may be required for too many people if too many staff members are identified as being able to be lobbied. It was recommended that those who approach Department Heads on behalf of others should register as lobbyists because Department Head recommendations are often accepted by the City Commission. The City Attorney expressed concern the Directors of Central Permitting and Engineering often become involved in basic permitting issues. A recommendation was made that registration should not be required for those addressing Department Heads. It was noted if Department Heads are included, the ordinance can be revised later. It was recommended that only regulatory Boards be covered by this legislation. The City Attorney said the intent was to make this ordinance as simple as possible. She recommended lobbyists register annually. Consensus was that registration would have no cost and be required for those who lobby the Commission, City Regulatory Board members, the City Manager, Deputy City Manager, Assistant City Manager, City Attorney, CRA (Community Redevelopment Agency) Executive Director, and Department Heads. The City Manager suggested establishing a penalty for those who fail to register. The City Attorney recommended establishing a fine for noncompliance. :T Consensus was for the City Attorney to come forward with an ordinance regarding lobbyist registration. It was suggested to include lobbying City consultants. The City Attorney recommended limiting affected City consultants to those who provide goods and services. Other Commission Action Commissioner_Clark questioned plans for the Sailing Center dock. Mr. Baier reported the dock was permitted as a temporary facility during closure of Clearwater Pass Bridge. He said the City could remove the dock and reapply for another permit or reapply for a permanent facility that would make the dock violate the existing temporary permit. The City Manager suggested applying for a permit that limits dock use to non-motorized craft. It was noted the dock was built for motorized craft. Mr. Baier said the dock was permitted due to the community's welfare during the bridge closure in spite of concerns regarding nearby seagrass beds. The importance of assuring the dock's use only by non- motorized craft was noted. It was pointed out the ferry service had been successful. Harbormaster Bill Held reported 22,000 passengers rode the ferry during the bridge closure. As a condition to obtain the permit, the City agreed to buoy off some of the grass beds. He said handicapped residents are able to use the dock to go sailing. The MAB (Marine Advisory mws01 b.96 8 01/16/96 Consensus was to require registration for all lobbyists who communicate with City Commissioners except those who only speak at public meetings, those who are compelled to appear before a board, and those who are called by City Commissioners for information. The City Attorney expressed concern that registration may be required for too many people if too many staff members are identified as being able to be lobbied. It was recommended that those who approach Department Heads on behalf of others should register as lobbyists because Department Head recommendations are often accepted by the City Commission. The City Attorney expressed concern the Directors of Central Permitting and Engineering often become involved in basic permitting issues. A recommendation was made that registration should not be required for those addressing Department Heads. It was noted if Department Heads are included, the ordinance can be revised later. It was recommended that only regulatory Boards be covered by this legislation. The City Attorney said the intent was to make this ordinance as simple as possible. She recommended lobbyists register annually. Consensus was that registration would have no cost and be required for those who lobby the Commission, City Regulatory Board members, the City Manager, Deputy City Manager, Assistant City Manager, City Attorney, CRA (Community Redevelopment Agency) Executive Director, and Department Heads. The City Manager suggested establishing a penalty for those who fail to register. The City Attorney recommended establishing a fine for noncompliance. P Consensus was for the City Attorney to come forward with an ordinance regarding lobbyist registration. It was suggested to include lobbying City consultants. The City Attorney recommended limiting affected City consultants to those who provide goods and services. Other Commission Action Commissioner Clark questioned plans for the Sailing Center dock. Mr. Beier reported the dock was permitted as a temporary facility during closure of Clearwater Pass Bridge. He said the City could remove the dock and reapply for another permit or reapply for a permanent facility that would make the dock violate the existing temporary permit. The City Manager suggested applying for a permit that limits dock use to non-motorized craft. It was noted the dock was built for motorized craft. Mr. Baler said the dock was permitted due to the community's welfare during the bridge closure in spite of concerns regarding nearby seagrass beds. The importance of assuring the dock's use only by non- motorized craft was noted. It was pointed out the ferry service had been successful. Harbormaster Bill Held reported 22,000 passengers rode the ferry during the bridge closure. As a condition to obtain the permit, the City agreed to buoy off some of the grass beds. He said handicapped residents are able to use the dock to go sailing. The MAB (Marine Advisory 'u mws01 b.96 8 01/16/96 Board) recommended keeping the dock as a permanent installation with the condition no motorized craft be allowed access. . It was suggested the City modify the permit to see if the DEP (Department of Environmental Protection) would allow the dock for non-motorized craft. Mr. Baier recommended interested parties contact DEP indicating community support. He said Clearwater will make clear to DEP that the City did not intend to build a permanent dock when it was permitted originally. It was suggested a Jolley Ferry service be established for tourists with rides costing $0.50 each way. It was questioned if the City could prove that a ferry service would not damage the nearby seagrass beds. Mr. Held said the ferry had not strayed into the grass beds but, without a study, staff is unable to determine that zero damage was done. It was noted a RFP (Request for Proposal) would need to be issued. In answer to a question, Mr. Held said the Radisson Hotel was denied a permit to build a dock because of seagrass beds all along their waterfront. In answer to a question, he said handicapped persons can access boats at the Marina. The dock at the Sailing Center is the only handicapped accessible one in the City. Concern was expressed that handicapped persons should not be restricted from accessing sailing craft. Consensus was to file an amended permit with the DEP. Cgmmissioner Clark noted the CVB (Convention and Visitor's Bureau) is considering six sites for their upcoming move. He recommended actively pursuing their relocation to Clearwater. The City Manager indicated the CVB's Executive Director had indicated Clearwater is too far north for their operation. It was suggested the CVB could relocate to the Greater Clearwater Chamber of Commerce's new building. It was recommended,that the City Commission write the CVB's Board of Directors regarding this issue and lobby the County Commission. Consensus was to strongly pursue the CVB's relocation to Clearwater. Commissioner Berfigid questioned the procedure for a proclamation. It was indicated the request should be forwarded to staff. mmi i r B i I questioned progress on the beautification of Gulf-to-Bay Boulevard. The City Manager noted Gulf-to-Bay Boulevard is a State road and staff is limited regarding where vegetation is planted. She noted the importance of making this entrance to the City attractive. Commissioner Johnson expressed concern each of the tickets he recently purchased to PACT (Performing Arts Community Theater) included a charge for parking. The City Manager reported patrons have complained about being charged for parking when they only are purchasing tickets. Commissioner Barfield reported she will attend a PACT meeting on January 17, 1996, at which time she will raise these concerns. It was noted mws01 b.96 9 01/16/96 PACT needs additional income but it was felt patrons should not have to pay for parking when purchasing a ticket. congratulated staff for the incredible job they did to open the Harborview Center on time. The City Manager thanked the Commission for participating in the weekend's celebrations. She noted receiving only one negative comment. Commissioner Thomas requested a list of key players at Biltmore. He wished to thank them and GFS (Globe Facility Services, Inc.). He recommended publishing a letter of thanks to staff in the City newsletter. Mayor Garvey reported the Garden Club indicated they will present a Beautification Award to the City for the Harbarview Center. Mayor Gilrvey announced another "Saturday in the City" has been scheduled for Saturday, January 20, 1996, from 11:00 a.m. to 4:00 4'.. Y p.m. and will feature Belinda Womack. She said it will be a fun time. Produce and flowers will be available. Adjourn The meeting adjourned at 12:19 p.m., Y' E i mws01 b.96 10 01/16196