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09/02/2008CITY COUNCIL WORKSESSION MINUTES CITY OF CLEARWATER September 2, 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 Rosemarie Call City Manager Assistant City Manager Assistant City Manager City Attorney City Clerk Management Analyst 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. The Council recessed from 1:30 p.m. to 1:46 p.m. to meet as the Community Redevelopment Agency. Office of Management and Budget Set a final millage rate of 4.7254 mills for fiscal year 2008/09 levied against non-exempt real personal property within the City of Clearwater and pass Ordinance 8004-08 on first reading. In accordance with Chapter 200 of the Florida Statutes, which defines the requirements for the "Determination of Millage" and the rules governing Truth in Millage (TRIM)Compliance, the City Council must hold two public hearings to adopt a final millage rate for the new fiscal year. The adoption of this ordinance to establish the millage rate and the two related budget ordinances are an integral part of fulfilling these requirements. The City Council set a proposed millage rate of 4.9550 mills on July 17,2008, which is the rate that appeared on the TRIM bill notices mailed to taxpayers in August. At the special meeting of August 21, 2008, the City Council made further reductions to the budget totaling $2,224,330 which will result in a lower millage rate of 4.7254 mills for fiscal year 2008/09. The millage rate of 4.7254 mills represents a 10.48% decrease from the rolled back rate of 5.2787 mills. Ordinance 8004-08 is now presented in order to adopt the millage rate of 4.7254 mills to support the operating and capital budgets for the 2008/09 fiscal year. Budget Director Tina Wilson said the proposed budget includes a 20% increase for utility rates the City is responsible for paying. The increase is effective January 2009. Council Work Session 2008-09-02 It was suggested that the presentation for Thursday's council meeting include information regarding non-homesteaded properties. Approve the City of Clearwater Annual Operating Budget for the 2008/09 fiscal year and pass Ordinance 8005-08 on first reading. In accordance with Chapter 200 of the Florida Statutes and the rules governing Truth in Millage (TRIM) Compliance, the City Council must hold two public hearings to adopt a final budget. The adoption of this ordinance and the related ordinances adopting the 2008/09 millage rate and the Capital Improvement Budget are an integral part of fulfilling these requirements. On June 17, 2008 the City Manager presented to the City Council a detailed preliminary Annual Operating Budget that outlined estimated revenues and proposed expenditures for the 2008/09 fiscal year. The budget was discussed at several City Council meetings earlier this summer. At the special meeting of August 21, 2008, the City Council made further reductions to the General Fund budget totaling $2,224,330 and added two East Gateway police officers in the amount of $134,020 at the August 21 Council meeting, netting total reductions to the General Fund of $2,110,310 from the Preliminary Budget. Ordinance 8005-08 is now presented in order to adopt the operating budget for fiscal year 2008/09 and authorize the City Manager to issue instructions to achieve and accomplish authorized services. Ms. Wilson said staff had reduced Council's travel budget from previous year by 20%. Staff will reduce the Mayor's travel budget by $60 at first quarter. The McMullen Tennis Center will be funded from reserves. Police Chief Sid Klein said staff is considering purchasing a device that allows officers to shutdown vehicles and keep computers running. Currently, vehicles shut down fifteen minutes every hour to reduce idling. Concern was expressed regarding cuts made to Special Events staff. It was stated staff will continue to maintain signature events and add events as staff support permits. Approve the recommended Penny for Pinellas II project list, as revised, for Fiscal Years 2008/09 through 2009/2010. On March 6, 1997, the City Council adopted Ordinance 6137-97. The ordinance established the requirement for a special hearing prior to the adoption of the capital improvement budget to discuss the use of Penny for Pinellas tax, and at any time in which there is any proposed change to Penny for Pinellas funding of $500,000 or more. The current listing includes the Penny for Pinellas II projects as approved by the City Council last September and the new list for Recommended Project Funding as included in the FY 2008/09 capital improvement plan through the final year of Penny receipts in fiscal year 2009/10. There are no significant changes proposed. The projects remaining for the last two years of the current Penny for Pinellas tax include: Druid Road Improvements - $1,250,000, Recreation Trails - $360,000 and Long Center Infrastructure Improvements - $700,000. Council Work Session 2008-09-02 2 Ms. Wilson said Penny for Pinellas 3 goes into effect in 2010. There are $3.5 million of unallocated funds available; funds not spent will return to Penny pool. It was stated Penny funds could be used for the Royalty Theatre. Planning Approve Amendments to the Clearwater Comprehensive Plan as recommended in the Evaluation and Appraisal Report (EAR) and pass Ordinance 7993-08 on first reading. Florida Statutes require local governments to adopt comprehensive plan amendments consistent with their approved Evaluation and Appraisal Report (EAR). The City of Clearwater's EAR, prepared in 2005-2006, was found sufficient by the Department of Community Affairs (DCA) on November 29, 2006. The EAR-based amendments are proposed to be adopted by the end of 2008. The 2006 EAR was divided into five parts: Part I: Introduction, Part 11: Statutory Issues Assessment, Part III: Issues of Local Concern, Part IV: Success and Shortcomings of Each Comprehensive Plan Element, and Part V: Changes in Florida Statutes. Statutory changes and issues of local concern were identified in the EAR to be addressed through EAR-based amendments. A total of five issues of local concern were identified as follows: 1) How can the City develop a comprehensive and diversified strategy for the City's redevelopment; 2) How does the City provide guidance to enhance community character and livable neighborhoods; 3) How does the City develop and implement a proactive approach to facilitate attainable housing and assure safety and competitiveness of the aging housing stock; 4) How can the City develop and implement a strategy to eliminate enclaves and facilitate annexation and 5) How does the City implement an approach to coastal and disaster management? The Citizen Advisory Committee (CAC) has met nine times for the purpose of providing public participation in the preparation of the EAR-based amendments. Their final meeting was on July 30, 2008. On August 4, 2008, staff presented the item to the City Council for general discussion and comments. On August 26, 2008, the Community Development Board held a public hearing on proposed Ordinance 7993-08. Any additional recommendations made by the CDB will be presented to the Council. Staff recommends approval of Ordinance 7993-08 amending the Comprehensive Plan consistent with the 2006 Evaluation and Appraisal Report. This is considered a large-scale amendment that requires approval by DCA. Planner III Sandy Herman reviewed the proposed changes, which also address council's concerns regarding rental properties. It was stated that guidelines for rental properties must be enforceable. a Future Land Use Plan Amendment from the Residential Urban (RU) and Institutional (1) Classifications to the Residential Medium (RM) Classification and a Zoning Atlas Amendment from the Institutional (1) District to the Medium Density Residential (MDR) District for property located at 802, 826, and 830 Woodlawn Street and an unaddressed parcel designated as 22/29/15/00000/320/0200 (consisting of a portion of property located in metes and bounds Council Work Session 2008-09-02 3 32/02, 32/03 and 32/07, in Sec. 22-29-15); and Pass Ordinances 7945-08 and 7946-08 on first reading. (LUZ2006-08006) This Future Land Use Plan (FLUP) amendment and rezoning application involve property comprising approximately 8.10 acres in area located northeast of the CSX Railroad right-of-way and Woodlawn Street. This property has FLUP classifications of Residential Urban (RU) and Institutional (1) and zoning designations of Medium Density Residential (MDR) and Institutional (1). The applicant is requesting to amend the FLUP designations of the site to the Residential Medium (RM) classification and to rezone the property to the Medium Density Residential (MDR) District in order to re-establish the use of the property for multi-family residential purposes. There is an existing single family dwelling and eight attached residential dwelling units on the site. In 2001, the applicant was seeking to redevelop the site for institutional use. To accommodate that use, this property went through a land use plan amendment from the Residential Medium FLUP classification to the Institutional FLUP classification and a rezoning from the Medium Density Residential to the Institutional Zoning District (Case LUZ 01-08-06). Today, for the property as described above, the applicant is proposing workforce housing, with 112 attached residential units. To accommodate the residential use, a portion of the prior site is now proposed to be Residential Medium FLUP classification and Medium Density Residential Zoning District. The Planning Department determined that the proposed future land use plan amendment and rezoning amendment, as recommended, are consistent with the following standards specified in the Community Development Code: the proposed land use plan amendment and rezoning application are consistent with the Comprehensive Plan; the proposed use is compatible with the surrounding area; sufficient public facilities are available to serve the property and the applications will not have an adverse impact on the natural environment. In accordance with the Countywide Plan Rules, the land use plan amendment is subject to the approval of the Pinellas Planning Council and the Board of County Commissioners acting as the Countywide Planning Authority. The application is a large-scale amendment and review and approval by the Florida Department of Community Affairs is required. The Community Development Board reviewed these applications at its public hearing on September 18, 2007 and unanimously recommended approval of the Future Land Use Plan amendment. Assistant Planning Director Gina Clayton said the applicant withdrew the flexible development application but is moving forward with the LUP and the LUZ. The neighborhood does not support the proposed application. The applicant is proposing 112 affordable housing units; the maximum allowed is 121 units. The applicant's request is consistent with historical pattern. Approve amendments to the Community Development Code to permit sandwich board signs in certain areas, provide a fee for such signage, and add a definition for traditional urban corridor, and pass Ordinance 7997-08 on first reading. The Planning Department is recommending amendments to the Community Development Code (CDC) to address code compliance issues with sandwich board signs in the Council Work Session 2008-09-02 4 Downtown (D) District. At the prior direction of City Council, staff has drafted this ordinance to allow sandwich board signs to be present on a temporary basis (not to exceed one-year) in order to promote economic development in this developing area. The proposed amendment will establish sandwich board signs as a permitted sign requiring development review and put in place criteria, including requirements on the location and design of the signs. Among these criteria are the following: Sandwich board signs may be displayed on the sidewalk only during hours of operation of the business and within the linear frontage of the specific business location being advertised. Under no circumstance shall the sandwich board sign be stored exterior to the business location; 1) The size of any sandwich board sign shall not exceed 42 inches in height, 20 inches in width; 2) No sandwich board sign shall be placed so as to block any public way, or within the visibility triangle of intersections or driveways. Placement may not reduce sidewalk width to less than four feet clear area. Placement may not impede ingress or egress from a business entrance nor block access or visibility of a fire hydrant; 3) The sandwich board sign shall be of a non-illuminated, freestanding, two-sided design comprised of metal, wood or synthetic materials such as chalkboard. The sign shall not be made from plastic or use plastic lettering, and shall not include a whiteboard; 4) The sandwich board sign shall be professionally designed and may use shapes and forms indicative of the type of business and the services being advertised; however such signs may not include sponsorships or advertisements for products; 5) Design must be reviewed and approved before placement. Placement prior to approval will not necessitate approval of the application as submitted; and 6) The sandwich board sign may not be attached to any structure or pole, and may not include any moving parts or attachments, including but not limited to: balloons, pennants and streamers. However, attachable items such as a removable chalkboard, that is intended to be an integral part of the sign and is not precluded by any other of these criteria, may be permitted. The ordinance will also add a definition for the term "traditional urban corridor," which is used in the sandwich board sign criteria, and establish a fee for the sandwich board sign permit. The CDB reviewed the proposed text amendment at its pubic hearing of August 26, 2008. The recommendation of the CDB as well as any comments of the Board will be presented to the Council at the meeting. Planning Director Michael Delk said the proposed sandwich board guidelines allow for some discretion on design and shapes. The sandwich boards will be limited to downtown area. Guidelines allow for one free-standing sign per business location. Official Records and Legislative Services Reappoint Carol Warren to the Clearwater Housing Authority with the term expiring on September 30, 2012. (consent) Consensus was to reappoint Carol Warren. City Manager Verbal Reports Closure of Ft. Harrison Council Work Session 2008-09-02 5 Traffic Operations Manager Paul Bertels reported that construction work is being done at night and expected to be completed by September 8, 2008. Safety issues require Ft. Harrison to remain closed when workers are not present. It is estimated that staff has spent 10-15 hours working with developers in creating a MOT (Movement of Traffic). Council Discussion Items Big C Oil Drilling Resolution Councilmember Cretekos said the Big-C is requesting direction from each community as there was no consensus to oppose federal legislation. Gas System Managing Director Chuck Warrington said the issue emerging from this issue is to differentiate oil from gas. One can drill exclusively for natural gas. The current federal bill would allow oil drilling from 25 miles off the coast and allow states to decide beyond 50 miles. It was requested that staff draft a resolution for Thursday's council meeting and determine source for statistical information used in the Big-C resolution. Other Council Action Discussion ensued regarding potential parking garage sites at the beach. Concern was expressed that parcel owners may not wait time needed for negotiations. It was stated that staff was working with applicants to meet September 18, 2008 deadline. It was requested that marina redevelopment be placed on the October 2 council meeting agenda. Adjourn The Work Session adjourned at 4:01 p.m. Council Work Session 2008-09-02 6