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03/31/2008CITY COUNCIL WORKSESSION MINUTES CITY OF CLEARWATER March 31, 2008 Present: Frank Hibbard John Doran Carlen Petersen George N. Cretekos Paul Gibson Mayor Vice-Mayor Councilmember Councilmember Councilmember Also present: William B. Horne II Jill S. Silverboard Rod Irwin Pamela K. Akin Cynthia E. Goudeau Brenda Moses City Manager Assistant City Manager Assistant City Manager City Attorney City Clerk Board Reporter The Mayor called the meeting to order at 2:07 p.m. at City Hall, following the Community Redevelopment Agency meeting. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. Marine and Aviation Authorize the execution of a Joint Participation Aareement (JPA) between the Citv of Clearwater and the State of Florida Department of Transportation (FDOT) to construct a new multi-plane hangar at the Clearwater Airpark and authorize an interfund loan from the Central Insurance Fund to the Airpark in the amount of $101,357 to be paid back over 5 years at the cash pool earnings rate and adopt Resolution 08-03 FDOT (Florida Department of Transportation) has agreed to provide 80% reimbursable funding to construct a new 9,600 square-foot multi-plane hangar at the Clearwater Airpark. This will generate approximately $32,400 per year back to the City in rental revenue. The project is estimated to cost $506,788. FDOT will reimburse the City $405,431. The Airpark Fund will borrow $101,357 from the Central Insurance Fund and will pay back the loan during FY (Fiscal Year) 2008-12 (5 years) with the first partial year being interest only (until construction is complete and the project begins generating additional revenues). Interest will be at the cash pool rate (FY07 rate was approximately 5%). The maximum annual debt cost is expected to be $30,000. Marine & Aviation Director Bill Morris said Marina dollars will not be used. The average life of hangars is 20 years. Each will accommodate six to eight aircraft and will be constructed to withstand 110 mile per hour winds. The City is self-insured and would be responsible to repair any damage. Approve amendment to Chapter 33, Section 33.059 (3) of the Code of Ordinances to define the length of stay for vessels at City owned public docks and pass on the first reading Ordinance 7997-n8 Council Work Session 2008-03-31 On February 25, 2005, the City of Clearwater entered into a Public Dock Project Agreement with the owners of the Island Way Grill at 20 Island Way on Island Estates to build a floating dock system. The system consists of a main dock and five fingers providing nine boat slips, one of which is ADA (Americans with Disabilities) compatible. Two ingress/egress methods are provided: A single ramp for non-ADA individuals and a two-ramp (double-back) for ADA individuals. Access to the mooring facility is via a concrete sidewalk that connects the mooring facility to the City sidewalk adjacent to the Island Way Grill restaurant. The owners of the Island Way Grill built the docks at their own expense and donated, via a Bill of Sale to the City, all ownership interest and rights to the docks. The docks are for public use only, on a first- come, first-served basis. The docks are to be used for non-commercial use and are not to be used for bait sale, vending, or overnight docking. Unfortunately, overnight docking has become a problem that needs further definition by Code in order to be enforced. The new development agreement between the City and the Residences at Sandpearl Resort contains the necessary language defining the permitted usage period of the public boat slips. Boats are not permitted to occupy the City slips during the period each night between 10:00 p.m. and 8:00 a.m., except in an emergency or as authorized by the City Harbormaster. Staff wishes to add this timeframe to the City Code of Ordinances in order to ensure boaters do not stay overnight at public dock facilities, unless authorized by the Harbormaster, who is also given the discretion to define an emergency or extenuating circumstance. Mr. Morris said the approximately 10% of Clearwater Marina slips set aside for transient use usually are available. Neighbors have been contacted regarding this change. He could authorize an overnight stay if it is not safe to move a boat. The City Manager said the Harbormaster would determine if an emergency exists. The City Attorney suggested ordinance language could be modified. Parks and Recreation Approve Recreation Greenways Trails Program (RGTP) project grant agreement for Kapok Spur Trail Project, in the amount of $40,000, between the State of Florida Department of Environmental Protection and the City of Clearwater and authorize the appropriate officials to execute same. (consent) The City has been awarded a matching RGTP grant of $40,000 to assist in the construction of the Kapok Spur Trail. This trail begins at the western side of Kapok Park, travels west through Cliff Stephens Park, and concludes at the parking lot for Cliff Stephens Park. This trail was to be part of the original Kapok Park project but funds were not available to complete it. The trail will be designed in a manner similar to the existing Kapok Trail with 10-foot wide asphalt with 6-inch header curbs and will be constructed in a manner to accommodate bicyclists, joggers, roller-bladers, and walkers. Other elements of the project will include improved access, benches, water fountains, and signage. The trail has been designed and will go out to bid once the grant is approved, with a projected award date of June 2008. Parks & Recreation Director Kevin Dunbar said this quarter-mile portion of the trail has not been designed. It is part of the Kapok stormwater project. Curbs are necessary to reduce edging requirements and to maintain the trail's integrity. Penny for Pinellas funds will be used. Other trail sections are planned. Concern was expressed that this expenditure is inconsistent with current fiscal shortfalls. It was commented that this is a quality of life issue, as more people bicycle as an alternate method of transportation. The City Manager said a previous Council had approved the trail projects. Council Work Session 2008-03-31 2 Approve establishing a new Capital Improvement Project (315-93605) entitled Ross Norton Park Improvements for $200,000; and approve a Land and Water Conservation Fund Program (LWCF) project grant agreement for Lake Belleview Improvements, in the amount of $100,000, between the State of Florida Department of Environmental Protection and the City of Clearwater and authorize the appropriate officials to execute same; authorize the sale of General Fund property to the Stormwater Utility Fund in the amount of $300,000; and accept a donation of playground equipment and installation estimated at a value of $100,000 from Mr. Ian Hill of The Changing Point and Let Them Be Kids. (consent) Major improvements were made at Ross Norton Park in 2005, with the completion of a new recreation center, skate park, and renovated aquatics center. However, several of the items associated with this project were not completed due to lack of funds. The City has been awarded a matching LWCF grant of $100,000 to assist in the construction of improvements at Lake Belleview in Ross Norton Park. Improvements include the construction of a new playground, fencing, lighting, landscaping and renovations to the existing fishing dock, pedestrian bridge and recreation trail. In addition, staff has been working with a non-profit organization known as Let Them Be Kids whose purpose is to provide grants to communities to construct playgrounds. One of the components of this partnership is the required involvement of the community. Thus, the neighborhood has been involved in the planning of this project and will take part in the construction of some of the elements most notably the playground. In the very near future, the City will be constructing some major stormwater improvements at Lake Belleview and will be expanding the size of the Lake. In order to do this, approximately 75,000 square-feet of the existing upland park property, valued at $4.02 per square-foot, will be needed to complete this stormwater project. Mr. Dunbar said the playground will not be fenced. Real Estate Services Coordinator Earl Barrett had determined land values. Engineering Director Mike Quillen said the Lake Belleview expansion has been planned for years to improve water quality and remove homes from the floodplain. Staff will report on the number of homes that will be affected. The City previously has purchased property for stormwater projects. Staff continues to monitor retention area pond ing/drainage at Ross Norton Park, which is not part of the Lake Belleview project. Approve increasing the Morningside Day Camp operational budget (010-01814) by $15,175; to cover the cost of 2 seasonal recreation leader positions (.42 FTE) and operational costs to be funded from day camp revenue. (consent) For the past three years, a contract instructor has conducted a middle school summer camp at Morningside Recreation Center while the City has conducted an elementary school summer camp. The contract instructor has informed staff that she will not be available to offer this service again. Therefore, staff is requesting additional resources to continue this camp. It is important to offer quality programs for middle school youth (entering 6th grade to 8th grade) during the summer months and a camp curriculum is an ideal way to meet part of this need. Revenue from the participants will cover the cost of the camp. Supervisory staff at the center is in place to handle both the elementary and the middle school camp. Mr. Dunbar said seasonal employees will be necessary. Public Services Council Work Session 2008-03-31 3 Ratify and confirm Change Order 1 to David Nelson Construction Company, Inc. of Palm Harbor, Florida for the Beach Walk - Phases 11, 111 and IV Improvements Project (03-0079-ED) increasing the contract amount by $301,785.33 for a new contract total of $16,620,911.08 and authorize the appropriate officials to execute same. (consent) This contract was previously approved by the City Council on December 14, 2006, for $16,319,125.75. Change Order 1 is necessary to add additional items, and increase and decrease quantities of line items. Decreased items are under-runs of contract quantities discovered not to be necessary for completion of the work. Increased items are overruns of contract quantities discovered to be necessary for completion of the project. Additional items are extra items of work discovered to be necessary for completion of the project. It was stated that infrastructure costs were part of the project. Public Services Director Gary Johnson said all related infrastructure, which required replacement anyway, has been installed. Federal grants and developer contributions helped defray City costs. Engineering Approve a temporary parking lease agreement between Salt Block 57, LLC and the City of Clearwater and authorize appropriate officials to execute same. (consent) In order to further mitigate the loss of public parking from the south beach parking lots due to construction of Phase Two of Beach Walk, the City desires to temporarily lease property located at 430 South Gulfview Boulevard, for the purpose of temporary public vehicle parking. The facility will be unpaved with a milled surface, wheel stops, and limited perimeter fencing. The initial term of the lease shall commence on April 4, 2008 and continue until September 30, 2008, with an option to renew on a month-to-month basis. Either party may terminate the lease by providing a 30-day written notice. Ninety-four parking spaces will be available as an extension of the existing South Gulfview parking lot. The City agrees to pay the sum of $120 per parking space per month due on the first of each month beginning May 1, 2008. The total maximum annual lease amount will not exceed $135,360 (total monthly payment $11,280). Initial costs to improve the site are estimated at $15,000 - $20,000. Estimated monthly revenue per space is $225 (total estimated monthly revenue $21,150). There will be no additional operating costs for staffing the lot. Parking Facilities Manager Tracy Bruch said City insurance would indemnify the owner. City Manager Provide direction regarding the Neighborhood Bill of Rights. During a Council Discussion item on February 19, 2008, Vice-Mayor Doran proposed the City Council consider adopting a Neighborhood Bill of Rights to outline the expectations that Clearwater neighborhoods can have for participating in various City decision-making processes. Communities throughout Florida are adopting Neighborhood Bills of Rights to establish expectations for public participation in local government decision-making, particularly with respect to land use and planning matters. Having reviewed examples from St. John's and Hillsborough counties and the cities of Jacksonville and St. Augustine, staff has drafted a resolution for City Council's consideration of a Neighborhood Bill of Rights. Council Work Session 2008-03-31 4 The Resolution establishing a Neighborhood Bill of Rights is intended to identify opportunities for advance notification and engagement in informed interaction with the City on issues that may most directly affect quality of life issues of the neighborhoods. While the Resolution is a formal statement of policy, the Neighborhood Bill of Rights, if approved, would be distributed to the community via MyClearwater.com and printed materials summarizing the expectations and opportunities for participation. City Council direction is requested as to moving forward with the Neighborhood Bill of Rights Resolution. Assistant City Manager Jill Silverboard said establishing a Bill of Rights would provide assurances to the public. It was stated this document would advance Council's objective for two-way communication with citizens. The document will be a single source for Code-related items. Ms. Silverboard reviewed neighborhood association registration requirements. The City notifies all affected residents regarding private party applications and public works projects. Official Records and Legislative Services Appointment of Vice-Mayor Consensus was to appoint Councilmember Cretekos as Vice-Mayor. Appoint one member to the Municipal Code Enforcement Board to fill the remainder of the term expiring on October 31, 2008. Consensus was to postpone appointment. Reappoint Mark Flickinger as the Pinellas Arts Council representative and appoint Sarah C. Butz as the artist representative to the Public Arts and Desian Advisorv Board with the terms expiring on March 31, 2012. (consent) Consensus was to reappoint Mark Flickinger and appoint Sarah C. Butz. Legal Pass Ordinance 7947-08 on first reading, amending Ordinance 7372-05, which vacated a portion of the easterly one half of the 70-foot right-of-way of Gulfview Boulevard (aka South Gulfview Boulevard per field), subject to special conditions, extending the required date for commencement of vertical construction. In Ordinance 7372-05, the City of Clearwater vacated the right-of-way, subject to certain conditions, which have not been met. K and P Clearwater Estate, LLC, the "Developer," is requesting that the Council amend the conditions of vacation to extend the date by which the Developer is required to commence vertical construction from March 3, 2008 to March 3, 2010. AND Pass Ordinance 7948-08 on first reading, amending Ordinance 7371-05 as amended by Ordinance 7598-06, which vacated a portion of the 60-foot right-of-way of First Avenue (aka First Street per field), subject to special conditions, to amend the special conditions by extendina the reauired date for commencement of vertical construction. Council Work Session 2008-03-31 5 In Ordinance 7371-05, the City of Clearwater vacated the right-of-way, subject to certain conditions. Ordinance 7371-05 was amended by Ordinance 7598-06 to extend the date for commencement of vertical construction to March 3, 2008. K and P Clearwater Estate, LLC, the "Developer," requests that the date to commence vertical construction be extended from March 3, 2008 to March 3, 2010. The City Attorney said the vacations would be renewed. Due to Council concern regarding property conditions, the representative indicated the Spyglass Hotel would be demolished within six months. On Thursday, a condition could be added, requiring the property be cleaned. The development agreement is expected to be amended and will come back to Council for approval. Staff felt a two-year extension was realistic. Council Discussion Items Del Oro Park Fence The City Manager said the Del Oro Homeowners' Association president had requested that the City fence the Del Oro Park playground. Mr. Dunbar said only two of 30 City playgrounds are fenced. Four unfenced playgrounds are on major roads. Fencing the playground would cost $7,500, plus landscaping and maintenance expenses. A landscape buffer would require maintenance. The Del Oro playground is 120 feet from McMullen-Booth Road, which provides an adequate buffer. Most City playgrounds are in neighborhood parks. Staff has been removing fences to reduce maintenance costs. Discussion ensued with support expressed for the fence due to safety concerns. It was noted that residents had requested that fencing be removed from MacKay field. It was felt that parents are responsible for safety. It was requested that staff draft a playground fencing policy that considers safety, distances from roads, types of roads, etc. McMullen Tennis Center Mr. Dunbar said a FRDAP (Florida Recreation Development Assistance Program) grant to construct additional tennis courts would require matching funds. The eight clay courts at the McMullen Tennis Center are heavily used. Each court costs between $45,000 and $50,000 to construct. Four additional clay courts would generate $15,000 and eight courts would generate $22,000 in annual revenue, after costs, which would include part-time staff. Staff is discussing a source for the City's $200,000 match. Additional revenue could be generated by tournaments and other events. It was recommended that matching funds not come from retained earnings. Woodgate Restrooms Mr. Dunbar said the playground at Woodgate Park is scheduled for replacement. The neighborhood park's restroom facilities were built in the 1960s, when staff was onsite. Since a time lock was installed on the restroom two years ago, staff has responded to 38 work orders related to vandalism at a cost of thousands of dollars a year. The neighborhood homeowners' association has been contacted regarding removal of the restrooms. Support was expressed for the demolition. It was commented that although park basketball courts are heavily used, it is a neighborhood park, and neighborhood parks need to be treated consistently. Council Work Session 2008-03-31 6 Beach Walk Funding Finance Director Margie Simmons said the City originally planned to fund Beach Walk with a $14 million bond. After earmarks and developer funds, bonding requirements are now $7 million. Passage of Amendment One eliminated $3 million from the City's budget. Decreasing property values will cause further impacts. Current reserves exceed policy by $14.8 million. The municipal bond market is in crisis. Staff is looking at a bank loan for other things. Beach Walk needs to be bonded within five months. Concerns were expressed about taking so much from reserves and that the City's savings account should not be used for Beach Walk. It was stated the resulting savings of $630,000 could be used for programs slated to be cut. Ms. Simmons said staff was trying to provide options. A $24 million reserve is more than is required by Council policy. While retiring debt is normally a best practice, it was felt with Budget Tax Reform Committee and Legislature actions and the possible need to further downsize City staff, reserves should be maintained for the unexpected. The City Manager suggested the Council consider a partial buy down. Discussion ensued regarding the downtown boat slips. Negotiations are underway. Concern was expressed that boating interest is decreasing due to high fuel prices. No deposits have been made. Discussion will continue on Thursday. Other Council Action office. Mayor Hibbard said the Ruth Eckerd Hall agenda and financial report are in the Council Vice-Mayor Doran said County Industrial Land and Workforce Study information is in the Council office. Councilmember Gibson requested items be added to Thursday's agenda: 1) Red light cameras, and 2) Damage to vehicles at City Hall by OPUS. Adjourn The meeting adjourned at 3:58 p.m. Council Work Session 2008-03-31 7