Loading...
07/14/2008 CITY COUNCIL WORKSESSION MINUTES CITY OF CLEARWATER July 14, 2008 Present: Frank Hibbard Mayor. John Doran Vice-Mayor Carlen Petersen Councilmember George N. Cretekos Councilmember Paul Gibson Councilmember Also present: William B. Horne II City Manager Jill S. Silverboard Assistant City Manager Rod Irwin Assistant City Manager Pamela K. Akin City Attorney Cynthia E. Goudeau City Clerk Brenda Moses Board Reporter The Mayor called the meeting to order at 1:30 p.m. at City Hall. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. Presentations Service Awards Four service awards were presented to City employees. The July - August 2008 Team Award was presented to the Radio Communications Re- Banding Team of General Services and Police employees, Gary Gustafson, Allen Stanley, and Nick Gossman. Police Recruit Swearing In The City Clerk administered the Oath of Office to four Police Recruits. State Legislative Report - Pete Dunbar, Martha Edenfield - Pennington Law Firm Pete Dunbar reviewed legislative issues addressed this year. He regularly meets with legislators on Clearwater’s behalf. He said there does not appear to be any interest in statewide legalized gambling. However, the legislature will have to address unregulated, untaxed gaming. Council recessed from 2:03 to 2:43 p.m. to meet as the CRA (Community Redevelopment Agency) and Pension Trustees. Office of Management and Budget Adopt a proposed millage rate of 4.9550 mills for fiscal year 2008/09 and set public hearing dates on the budget for September 4, 2008 and September 18, 2008 to be held no earlier than 6:00 p.m. Council Work Session 2008-07-14 1 Budget Director Tina Wilson presented the preliminary budget for fiscal year 2008/09. In accordance with the Truth in Millage (TRIM) process, the City Council must adopt a tentative millage rate and set public hearing dates prior to finalizing and adopting the budget. This information must be provided to the Property Appraiser by July 30, 2008. The Property Appraiser includes this proposed millage rate and the public hearing dates on the TRIM bill notices mailed to taxpayers in August. This tentative rate cannot be increased without first- class mailing to each taxpayer at the expense of the City of Clearwater, not less than 10 days and not more than 15 days before the final public hearing. The City Manager's recommended millage rate is 4.9550 mills. This rate is 4.3% less than the majority millage rate of 5.1785, which is the highest millage rate that the Council can set with a majority vote. The majority rate is basically the highest rate an agency can set and comply with the requirements of Amendment 1. The rolled-back rate is the millage rate that will provide the same property tax revenue as was levied the prior year. If the proposed rate of 4.9550 mills is adopted, the City's ordinance adopting the millage rate will reflect a 6.13% decrease from the rolled-back rate of 5.2787 mills. Options for establishing the millage rate and an estimated impact on the 2008/09 property tax proceeds are available. Other options for setting the millage rate are: 1) 4.9550 mills - Proposed millage rate; 2) 5.1785 mills - Majority vote; 3) 5.2787 mills - Rolled-back rate (super majority); and 4) 5.4979 mills - Rolled-back rate adjusted for growth (super majority). Ms. Wilson said high energy costs impacted the budget. Revenues are falling or flat, and taxable property values are down. Capital projects are planned for the Long Center, McMullen Tennis Complex, Marina, and utility fund operations. Support was expressed for retaining the current millage rate. It was stated that would require $2.7 million more in cuts; lowering the millage rate would affect service levels. Ms. Wilson said a higher millage rate would comply with Amendment 1. Ms. Wilson anticipated greater shortfalls next year. She did not anticipate salary savings, as employees are not leaving. Human Resources Director Joe Roseto said a hiring freeze has been in effect; only public safety and essential positions have been replaced. Positions are held open for employees impacted by layoffs. It was felt if this trend continues, promises made when property values were increasing would need to be reconsidered. Council recessed from 3:39 to 3:48 p.m. Economic Development and Housing Approve the first renewal of the contract with Jamson Environmental to complete remediation and address off site environmental impacts of the Clearwater Automotive Salvage Yard (Brownfields Site BF97493703) at a cost of $346,913.45 and authorize the appropriate officials to execute same. The Clearwater Automotive Salvage Yard in the Town Lake area of downtown has long been considered an impediment to redevelopment of the area. For this reason, the City acquired the 3.4-acres +/- property through a real property exchange on July 17, 2003. Due to the “value added” incurred in obtaining these parcels, the City accepted these parcels “as is” and without warranties, and is responsible for the demolition of all structures, and for any future environmental due diligence and mitigation. To prepare the site for redevelopment, Phase I and II environmental site assessments, Quality Assurance Project Plan, and an approved Council Work Session 2008-07-14 2 Brownfields Site Rehabilitation Agreement (BSRA) have been completed and funded from federal Brownfields grants. In May 2005, the City Council adopted Resolution 05-19 authorizing the use of $350,000 earmarked for loan funds provided to the City by the Environmental Protection Agency (EPA) as part of the Brownfields Cleanup Revolving Loan Fund (BCRLF) to the CRA for the environmental cleanup of the Clearwater Automotive Salvage Yard project. A portion of these funds were for the original $218,491.26 Jamson contract for demolition, excavation and offsite disposal of building foundations and sub-grade structures (including tanks/sumps); staging, excavation and offsite disposal of contaminated debris and soils. Once this work was concluded, it was determined that there were additional contamination and off-site impacts that needed to be addressed. The City has been conducting additional assessments of the Clearwater Auto property and the AAMCO site to delineate the extent of contamination. To obtain a Site Rehabilitation Completion (SRCO) from FDEP for the Clearwater Auto site, the City is obligated to address the off-site contamination related to the Clearwater Auto site. The presence of foundry sands/slag material at depths of between two and six feet below land surface was documented in soil borings at the AAMCO site and this material must, therefore, be remediated as part of the Clearwater Auto site assessment and remediation. The City Council approved Resolution 08-12 in June 2008 to allot additional monies in the form of a loan to the CRA in the amount up to $350,000 to complete the remediation of the Clearwater Auto site and to address the off-site environmental impacts (AAMCO site). This first renewal of the original Jamson contract will be to complete final excavation and disposal activities for the Clearwater Auto project and off site activities. This project will start immediately after execution of the first renewal of the original contract with completion by February 2009. It was stated that federal money is being used to clean property polluted by private owners; the City purchased this site knowing that Brownfield issues existed. Parks and Recreation Approve the RFP Review Committee ranking of responders to RFP 17-08: 1) Life Force Cultural Arts Academy, Inc.; and 2) Mt. Carmel Community Development Corporation of Clearwater; approve agreement with Life Force Cultural Arts Academy, Inc. for the operation, maintenance and programming of Kings Highway Recreation Center and authorize the appropriate officials to execute same. (consent) For the past five years, Mt. Carmel Community Development Corporation of Clearwater has operated out of the Kings Highway Recreation Center, providing cultural arts experiences through a Performing Arts Academy and assistance to the community and City by opening the facilities to the public. The agreement with Mt. Carmel expires on September 30, 2008. The cultural programs offered at the center have met with great success and service a sizeable number of participants. While the City desires to continue programming at the Kings Highway Center, staff wanted to provide an opportunity for other organizations to submit a proposal. A Request for Proposals (RFP) was issued on March 28, 2008 and opened on April 28, 2008. Three agencies responded to the RFP by attending the Mandatory proposer’s conference and site visitation on April 14 at the Center, however, only two organizations submitted proposals. The RFP Committee, composed of Margo Walbolt, Kathy LaTerza, Art Kader, Karen Miles and Maria Cantonis, a member of the Clearwater Arts Foundation, reviewed Council Work Session 2008-07-14 3 the qualified proposals and heard oral presentations on May 14, 2008. Both proposals and presentations were done in a professional manner and each agency would provide excellent programs and services for the citizens of Clearwater and North Greenwood Community. The Committee ranked the proposal by “Life Force Cultural Arts Academy, Inc.” (LFCAA) as first and “Mt. Carmel Community Development Corporation of Clearwater” (MCCDCC) second. The LFCAA proposal was ranked first due to their successful experience in providing cultural programming in Pinellas County; documented need within the community for programs and services; and results from reference interviews. Under this agreement the Life Force Cultural Arts Academy, Inc will provide services: 1) Provide cultural arts experiences through a Performing Arts Academy; 2) Offer classes in drama, dance, music, image presentation and grooming; 3) Facilitate and support community meetings and activities and for use as a voting site; 4) Provide all staff, materials and supplies, and operating expenses associated with the Center including but not limited to electricity, water, sewer, custodial, sanitation and minor building and maintenance; 5) Provide 50% of the cost for City building maintenance costs, approximately $7,200 per year, to be paid on a quarterly basis of $1,800 per quarter; and 6) Agency will be required to provide an annual report of activities consisting of the number of clients served, costs of such service, commentary on the viability, effectiveness, and trends affecting the program and success of it. Under this agreement the City will provide: 1) Lawn and landscape maintenance for all areas around the Center and in the adjoining park area; 2) Maintenance for all major capital components of the building, to include air-conditioners, roof, plumbing, electrical, etc.; 3) Provide 50% of the cost for City building and maintenance costs of approximately $7,200 per year; 4) Use of existing furnishings in the building i.e. chairs, tables and desks; 5) No other in- kind services, supplies, labor, equipment, or funding, whether on loan or for consumption, will be granted to the agency. Parks & Recreation Director Kevin Dunbar said the contract can be terminated with a 90- day notice. He will submit information regarding the number of people served by this agency. Engineering Approve a contract for the Clearwater Bayfront Promenade (05-0008-MA) to Misener Marine Construction of Tampa, FL, in the amount of $1,480,139.28 and authorize the appropriate officials to execute same, and authorize staff to initiate financing of the project. (consent) The Clearwater Bayfront Promenade (05-0008-MA) will be built on existing pilings from the old Memorial Causeway Bridge. Pilings were left behind during the bridge demolition to support this future project. The structure will consist of a 200-foot by 32-foot concrete deck for pedestrian use over Clearwater Harbor. This project also will bring utilities (water/sewer & electric) to the sea wall, in advance of the Downtown Boat Slip project. This 180-day project is tentatively scheduled to begin in July 2008. Downtown Boat Slip construction is expected to begin in January 2009, following completion of the Promenade. Environmental Manager Ed Chesney said reducing the project’s size would require a complete redesign. In 2003, several concepts were considered. When the old Memorial Causeway bridge was slated for demolition, the Commission chose to retain some pilings. The City Manager said the pilings presented an opportunity to enhance the waterfront. Council Work Session 2008-07-14 4 Concern was expressed regarding this project’s value. It was remarked when designed, this project was important for waterfront access. City Engineering Mike Quillen said the promenade provides electricity for boat slips and is funded by Penny for Pinellas funds. Maintenance costs would be limited to electric lights and trash removal. Planning Approve a Development Agreement between Spinecare Properties, LLC (the property owner) and the City of Clearwater, Florida for property located at 3280/3290 McMullen-Booth Road (consisting of two parcels of land including Lot 1 Geiger Tract and the east 308.25 feet of the North ¼ of the Northwest ¼ of Sec. 21-28-16 less the south 208.75 feet and less the west 84 feet and less the east 100 feet thereof for road right-of-way and Adopt Resolution 08-06. (DVA2005-00001A) The subject site is comprised of two parcels of land, totaling 4.51 acres in area. The site is located on the west side of McMullen-Booth Road, approximately 500 feet north of Mease Drive. Approximately 0.358 acre located at the northeastern corner of the property is located within unincorporated Pinellas County and is undeveloped. The remainder of the site is located in the City of Clearwater and is occupied by 14 attached dwellings within several buildings. The applicant is proposing a development agreement, in conjunction with a proposed land use amendment. The land use amendment limits the use of the subject property within the Institutional (I) District to a medical clinic and in the Low Medium Density Residential (LMDR) District as a non-residential off-street parking facility. The development agreement request has been delayed due to litigation. The development agreement is summarized as follows: 1) Restricts the use and size of development on this site for 20 years and 2) Limits the gross floor area and height, number of parking spaces, and directs a variety of site issues including hours of operation, location of particular business activities and lighting, and providing for fencing, buffering, and tree preservation. A site plan (FLD2005-01014) was approved by the CDB (Community Development Board) on May 17, 2005 with 16 conditions, pursuant to the Development Order dated May 27, 2005. In August 2007, the Planning Director approved a time extension to September 6, 2008. An updated time extension request was placed on the CDB agenda for July 15, 2008. The City Council reviewed cases ANX2005-02003 and LUZ2005-02002 on first reading and at a public hearing on April 17, 2008, to approve the annexation, land use plan amendment from the Residential Suburban (RS) (City and County) category to the Residential Low (RL) and Institutional (I) category, and zoning atlas amendment from the A-E Agricultural Estate District (County) and Low Density Residential (LDR) District (City) to the Low Medium Density Residential (LMDR) and Institutional (I) Districts (City). Case LUZ2005-02002 was transmitted to the State of Florida Department of Community Affairs (DCA). DCA did not identify any comments or concerns with this case and referred it back to the City for adoption. This case is on the City Council agenda for adoption at its meeting on July 17, 2008. The proposed development agreement is scheduled before the Community Development Board at its meeting on July 15, 2008. The Planning Department has determined that the proposed development agreement is consistent with the City’s Comprehensive Plan. Planning Director Michael Delk said the applicant is working to address a resident’s opposition. Discussion ensued regarding public misinformation. Staff will submit information regarding fencing. Council Work Session 2008-07-14 5 Approve a Zoning Atlas Amendment from the Business (B) District to the Commercial (C) District for property located at 1241, 1261 and 1281 Gulf Boulevard (consisting of Lot 1, Subdivision of Radisson Bayside Hotel, in Sec. 20-29-16) and Pass Ordinance 7975-08 on first reading. (REZ2008-04002) This Zoning Atlas Amendment application involves one property, approximately 2.94 acres in area, located on the southeast side of Gulf Boulevard, approximately 2,900 feet south of the Clearwater Pass Bridge. This property, known as the Shoppes on Sand Key, has a Future Land Use Plan classification of Resort Facilities High (RFH) and has been governed by a lawsuit settlement stipulation since October 17, 1986. Provisions of the stipulation expired on October 17, 2006, therefore, the property is currently without any zoning. At the March 20, 2008 meeting, the City Council denied a rezoning request for this property to the Tourist (T) District. At that meeting, Council directed the Planning Department to initiate a rezoning for the property to the Commercial (C) District. The Planning Department determined that the proposed rezoning application is consistent with the following standards specified in the Community Development Code: 1) The proposed rezoning application is consistent with the Comprehensive Plan; 2) Existing and available uses to which the property can be put are appropriate; 3) The proposed rezoning does not conflict with the needs and character of the neighborhood; 4) The proposed rezoning does not adversely or unreasonably affect the use of other properties in the area; 5) Sufficient public facilities are available to serve the property; and 6) The zoning district boundaries are appropriately drawn. The CDB will review this application on July 15, 2008. The Planning Department will report the board’s recommendation at the July 17, 2008 public hearing. The City Attorney said the City is awaiting CDB’s recommendation. She did not think this City action would fuel litigation. City Manager Receive and consider report of Chase Realty, Inc., with Wm. Mark Searcy as Agent, of the results of the firm/agents efforts to identify and propose suitable parcels, including letters of intent to sell said suitable parcels, for City purchase and development of a 300-space parking garage on south Clearwater Beach. At its March 6, 2008 meeting, Council directed the City Attorney to prepare a RFP from licensed real estate brokerage firms and agents for the purpose of selecting a firm and agent to attempt to assemble land suitable for development of a 300-space public parking garage on South Clearwater Beach. RFP/RFQ (Request for Qualifications) 18-08 was issued on March 24, 2008 in response to that direction. Among other matters, the RFP/ RFQ required respondents to consider and address these tasks, provide their qualifications to undertake the requirements, and submit a time and fee proposal to accomplish same: a) Identify optimum locations and parcels required for the proposed project; b) Confirm ownership and title status of the various properties; c) Conduct discussions and negotiations with the respective owners; d) Secure Letters of Intent to Sell, including specific terms and conditions of sale; e) Deliver executed Purchase and Sale Contracts to the City for Council action; f) Assist City with all pre-closing requirements of each Contract; g) Oversee vacation of all properties prior to closing; and h) In the event the proposed assemblage is unsuccessful, prepare a market study detailing conditions contributing to the lack of success in assembling the lands Council Work Session 2008-07-14 6 The RFQ/RFP generated eight responses by the April 23, 2008 deadline, one of which was not responsive to advertised requirements. The seven responsive proposals were received and reviewed by a 5-member Staff Evaluation Committee. Chase Real Estate, Inc., with Wm. Mark Searcy as Agent, was ranked highest by the Committee. On May 15, 2008, the City Council authorized staff to negotiate a contract with Chase Realty/Mark Searcy to complete the aforementioned engagement. The Agent was to complete work and report to the City Council at it’s June 19th meeting all proposed parcels, with contracts no later than July 1, 2008. On June 19, 2008, at the recommendation of staff and with concurrence of the Agent, the City Council extended the date for presentation of proposed parcels to its July 14, 2008, Work Session, due to the need to conclude further negotiation on several potential parcels. The Agent has completed the work under the proposal phase of the contract and is prepared to report to City Council the results of his engagement. Mark Searcy, Chase Real Estate, said prices average $8.8 million/acre. He said many property owners are awaiting Council’s decision regarding a density pool. He reviewed parcels that could be assembled, close to Beach Walk. The Lucca property is in receivership. He said the 1.81-acre superblock property on Coronado is large enough for a garage and retail uses. He requested that the Council prioritize the sites and authorize him to negotiate a deal. Assistant City Manager Rod Irwin said a full block development would not be achieved quickly and initial costs could be substantial. All of the assembled parcels meet minimum requirements for a parking garage. The City has declined discussing a complicated mixed-use development that recently was proposed. A parking garage will cost between $15 and $16 million to build. The Hyatt will open in late 2009, providing 400 parking spaces. The City Attorney said development rights cannot be guaranteed. Concern was expressed that government should not speculate on property; the City cannot afford $13.4 million for the superblock. Mr. Quillen said Beach by Design requirements increase construction costs. It was noted the utilitarian design of airport parking garages make them less expensive to build. Mr. Delk said staff had considered a utilitarian design to reduce costs. Concern was expressed that locating a large parking garage near the Hyatt would hinder traffic flow. The City Attorney said based on the Hyatt development agreement stipulates that the City can build no more than 300 parking spaces within 800 feet. Mr. Irwin said the Lucca site is ideal. The center parcel of the superblock also has good access to Second Street. Finance Director Margie Simmons said even if the garage is built on City property, construction costs would need to be subsidized from reserves. Another financial feasibility study would be needed. Some money is available in the parking fund; $6 million has been set aside. Support was expressed for constructing a parking garage on the City-owned beachfront, marina, or north beach sites, as more spaces will be available at the Hyatt. It was suggested the City could sell Transfer of Development Rights. It was felt the City should not pay more than $5 million/acre. Discussion will continue on Thursday. Official Records and Legislative Services Appoint one member to the Airpark Advisory Board with the term expiring on May 31, 2012. Consensus was to appoint Denise L. Rosenberger. Council Discussion Items Council Work Session 2008-07-14 7 Solicitation Ordinance - Councilmember Cretekos Councilmember Cretekos said the Attorney General had opined that Clearwater’s solicitation ordinance is enforceable. To accommodate the MDA drive, he requested that the Council discuss ordinance adjustments that consider the State statute without negating it. If the ordinance is changed, the City Attorney recommended avoiding exclusion by allowing solicitation only by entities that meets statute criteria. Assistant City Attorney Rob Surette said the State statute limits solicitation in rights-of- way to daylight hours, 10 cumulative days per calendar year, etc. The ability to defend the ordinance is greater if there are no exemptions. Concern was expressed that solicitation in rights-of-way is a safety issue. Citizen Review Board - Councilmember Gibson Councilmember Gibson said due to a perception that the City and IAFF (International Association of Fire Fighters) cannot resolve basic issues, some citizens feel a citizen review board could serve and be objective. Discussion ensued with comments that issues between the City and IAFF relate to labor law. It was felt a citizen review board would be inappropriate as processes are in place to deal with differences between labor and management. County-Wide Fire Consolidation - Councilmember Gibson Councilmember Gibson said fire services are duplicated Countywide and inefficient. He recommended considering cost savings. It was felt this issue should not be discussed while IAFF negotiations are underway. Harborview Center - Councilmember Gibson Mr. Dunbar said staff will meet with SteinMart regarding their interest in remaining downtown. It was remarked that the Florida Huddle, scheduled at the Harborview Center in January 2010, should not be jeopardized. It was felt that further discussion regarding closing the Harborview Center is needed; the Pickles Plus lease also needs to be considered. Adjourn The meeting adjourned at 6:25 p.m. Council Work Session 2008-07-14 8