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11/03/2008 CITY COUNCIL WORKSESSION MINUTES CITY OF CLEARWATER November 3, 2008 Present: Frank Hibbard Mayor George N. Cretekos Vice-Mayor – departed at 5:15 p.m. Carlen Petersen Councilmember John Doran 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 Patricia O. Sullivan Board Reporter The Mayor called the meeting to order at 1:00 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 Two service awards were presented to City employees. Elizabeth Minor to present the visiting Nagano teacher. NACWA Gold Peak Performance Awards presented to Roger Hooey, Katie Anding and Jack Sadowski The Council recessed from 1:15 to 2:25 p.m. to meet as the Pension Trustees and Community Redevelopment Agency. Parks and Recreation Approve a 5-year Partnership, Operational Support and Funds Agreement from November 17, 2008 through September 30, 2013, between the City of Clearwater and Pinellas Core Management Services (PCMS), for the use and supervision of the Martin Luther King Center and authorize the appropriate officials to execute same. (consent) The African American Leadership Council, Inc (AALC) has programmed and operated the MLK (Martin Luther King) center since September 2004. However, due to the fact that they lost the majority of their operating funds for FY (Fiscal Year) 2008/09, the City terminated their agreement with the City on October 22, 2008. The agreement between the City and Pinellas County School Board relating to the Martin Luther King property expires on December 31, 2011. Council Work Session 2008-11-03 1 This agreement will allow for Pinellas Core Management Services (which is funded by the Pinellas County Juvenile Welfare Board) to continue providing quality programs and services to the North Greenwood Community at the Martin Luther King Center. Some services include: 1) Provide programs to include but not be limited to parental support groups and skills training, family literacy services, job counseling, child development activities, liaison to the health care system, outreach (including home visits), on-site childcare for programs, facilitation and support of community meetings and activities; 2) Provide agency personnel and volunteers to operate and supervise activities and special programs at the center and surrounding area; 3) Provide facilitation and support of community meetings, activities, voting, and allow all current co-sponsor groups the opportunity to continue to use the center under current conditions. PCMS (Pinellas Core Management Services, Inc.) 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 same. Accounting of funds received from the City for these programs will be required. In addition, PCMS will be responsible for all daily maintenance of the facility and will pay all operating expenses associated with the Center including but not limited to electric, water, sewer, solid waste bill for dumpster, custodial, and minor interior building maintenance. The City will provide the following funding and in-kind services: 1) An operational grant of $87,300 will be prorated to $76,200 to be paid in three installments for FY 2008/09. Grants for future years are subject to annual budget approval by the City Council, but also will be paid in three installments; 2) Lawn and landscape maintenance for all areas around the Youth Center; and 3) Maintenance for all major capital components of the building, to include air- conditioners, roof, plumbing, electrical, etc. It should be pointed out that PCMS manages a majority of JWB (Juvenile Welfare Board) grant funded programs and facilities and provides the oversight necessary for the operators of the facility to be successful and meet JWB requirements. It has been reported that Jai Hinson, Executive Director of Life Force, may be hired by PCMS to run the programs at MLK center. Parks & Recreation Director Kevin Dunbar did not anticipate any changes to community access to the facility would result from this agreement. No capital outlay is anticipated as the property belongs to the school board. Recreation Program Coordinator Kathy LaTerza said PCMS will bring in some of its own programs and contract out the remainder. She and Mr. Hinson will be accountable for monitoring the programs. Accept funding totaling $75,811 and approve the corresponding agreement from Coordinated Child Care for funding of teen programs and authorize the appropriate officials to execute same. (consent) The City of Clearwater Parks and Recreation Department has been awarded funding totaling $75,811 for FY 08/09 from Coordinated Child Care. Council approval is required for each year of the agreement. Since the program began in 2000, JWB Children’s Services Council of Pinellas County was the contract agency. This year, JWB is granting all of the youth development, out of school time funding to Coordinated Child Care, a non-profit, 501c(3) agency. JWB has decided to consolidate all of this type of program under one administrative service agency. Council Work Session 2008-11-03 2 Clearwater Parks and Recreation “Charting a Course for Youth” program was developed to nurture teenagers at the Clearwater neighborhoods in which teens need the most direction. The program leaders have developed a safe haven for community teens and pre- teens ages 12-18; a space that they can call their own at Ross Norton Recreation Complex and North Greenwood Recreation and Aquatic Complex. To maintain interest and to keep children active in the program, the actual program format, program specifics, and times are developed by the teen groups. Program activities include community service; volunteer activities; sports and games; cultural, performing, and visual arts; field trips; and educational programs such as financial management and abstinence. Each facility has a room that has been completely dedicated to teens and teen programming, equipped with lounge furniture, computers, and video games. In previous years, the grant covered 100% of the “Charting the Course for Youth” program staffing cost for the fiscal year. This year, the City is guaranteed 75% of the funding or $56,858 through June 2, 2008. The City will be reimbursed 100% provided that it serves the same number of youth as it did last year. The 75% covers all staffing costs for two facilities. The third facility in the program last year, Wood Valley, was dropped due to the funding changes. Clearwater’s in-kind contribution includes overall program supervision and coordination. There is no requirement to continue the program when the grant ends. Mr. Dunbar said the City worked with JWB to develop a formula with a better chance of success. The Girls & Boys Club, which operates Wood Valley, could request this funding. City funding no longer exists for this program enhancement that served between 40 and 50 teens. It was stated that other City facilities provide teen programs. Amend numerous sections of Chapter 22 of the City of Clearwater Code of Ordinances relating to Parks, Beaches, and Recreation and pass Ordinance 8007-08 on first reading. The Code of Ordinances Chapter 22 regulating Parks, Beaches and Recreation was last amended on January 20, 2005, when Section 22.24 was amended by adding the hours of operation for each City park in the Code of Ordinances; requiring at least one prominently posted sign be installed at each park stating the hours of operation; and providing an exception to the closing hours which would allow a permit to be issued by the Department or the City Manager. It also amended Section 22.33, deleting reference to park hours due to a revision of applicable hours at Courtney Campbell Recreation Area. Other than this change, Chapter 22 has remained basically the same for the past 25 years and served the City and citizens well. However, due to the longevity of these rules an update of several of the sections are needed to address some of the new issues law enforcement and Parks and Recreation staff currently face. For the safety and welfare of the public, staff recommends that the ordinance be amended: 1) Section 22.21 Definitions: Clarification of the definition of “Public Nudity” as defined in Chapter 21. Clarification of definition of “Person”; 2) Section 22.24 Authority to regulate beaches, park property, and the Courtney Campbell Recreation Area: Corrected park hours at several parks. Added language to protect park property and facilities from persons parking vehicles on park property and leaving the premises or parking and then not using the facility as intended; 3) Section 22.28 Protection and preservation of property: Added language to protect not only park buildings but also other park facilities. ·Added language to allow for Council Work Session 2008-11-03 3 metal detectors at parks by permit only. Added a new paragraph to preserve and protect archaeological and historic sites found on parks. Prohibit persons from using water from water fountains, hose bibs and sinks for bathing. Added paragraph to strengthen the protection of wooden structures and trees from persons using nails, tacks and staples; 4) Section 22.29 Refuse and trash: Strengthened this section to prohibit persons from bringing trash from off site and depositing in City trash containers; 5) Section 22.31. Protection and preservation of wildlife: Strengthened section by adding new paragraph to prohibit persons from feeding or petting any feral or wild animal on park property; 6) Section 22.33. Bathing and swimming areas and the Courtney Campbell Recreation Area: Added a paragraph to protect lifeguard stand, station and equipment from public use. Added a paragraph to prohibit persons from washing their pets in swimming areas and/or other public waters; 7) Section 22.35. Fishing: Strengthened this section by adding paragraph that fishing will be in accordance with the State Fish & Wildlife Conservation Commission and the State Department of Environmental Protection rules and regulations. Prohibited use of cast nets for fishing in fresh water. Added paragraph requiring persons to dispose of unwanted fish in appropriate receptacles. Prohibited fishing from and into public bathing and swimming areas; 8) Section 22.40. Domestic animals: Added paragraph to allow dogs off leash at Crest Lake Dog Park and Enterprise Dog Park. Reworded a paragraph relating to the removal of pet defecation on park property; 9) Section 22.46. Parking: Added paragraph to prohibit person from parking a vehicle in a “no parking” zone or restricted use zone on park property; 10) Section 22.49. Organized activities or potentially dangerous games: Added language to include the use of wheeled device like a skateboard, roller skates and in-line skates except in the areas set aside for that purpose. Added paragraph to clarify and prohibit persons from trespassing on athletic fields that have been posted by permit only without a valid permit; 11) Section 22.53. Merchandising, vending, peddling: Included words “food or drink of any kind” as items that cannot be sold or merchandised on park and beach properties; and 12) Section 22.61. Trails: Added an entirely new section to address some of the needs of the new recreational trails within the parks system. Specific new paragraphs address the following: 1) What vehicles can be used on the trail system; 2) Speed at which persons should use when on the trail; 3) Manner in which a person should use on the trail; 4) Defined word “travel” on the trail; and 5) Traffic rules and control devices while on the trail. Amending this Ordinance will provide a tool that can be used by City law enforcement officers to more effectively patrol City parks and enforce the rules and regulations at each park. Mr. Dunbar said Crest Lake Park is open until 11:00 p.m., lit, and heavily used by Skycrest residents. Mandalay Park historically has been open until 11:00 p.m., in keeping with the beach. New restrictions will prohibit use of water fountains for bathing. Overflow parking at Sand Key Bay Park is permitted with prior permission; Cabana Club Restaurant parking is not allowed. Tossing balls or Frisbees is limited to designated areas to prevent surprise or injury to other park patrons. The regulation allows police enforcement if necessary. Concern was expressed that this restriction would impede families’ enjoyment of City parks. Police Approve a donation to Clearwater Homeless Intervention Project, Inc. (CHIP) for funding of 2008/2009 operations in the amount of $100,000. (consent) Council Work Session 2008-11-03 4 The CHIP (Clearwater Homeless Intervention Project) shelter opened in April 1998, and since that date has provided a safe overnight facility for homeless persons and essential support services to help individuals and families begin to improve their lives. In CHIP’s continuum of care, there currently are three programs offered: 1) Outreach and Assessment through the Day Center component; 2) Emergency Housing in the Shelter Services; and 3) Transitional Housing at the newly opened Parkbrooke Apartment Complex. In previous years, the City of Clearwater has donated $100,000 to CHIP. The Police Department requests that the City continue its contribution to CHIP, which will be applied toward needed operational funding essential to the CHIP shelter’s successful operation. Police Chief Sid Klein said CHIP’s donor base had diminished. CHIP has looked for a partner for a long time. The CHIP Board of Directors ordered staff reductions and termination of the day care operation. No other local program offers daytime outreach to single homeless males. With no place for them to go, it was stated the cuts are extremely troubling and resulting problems will need to be mitigated. It was noted downtown St. Petersburg businesses had provided money to address homeless issues. It was suggested that staff contact the Downtown Partnership and Chamber of Commerce to encourage a similar response. The Council recessed from 3:13 to 3:21 p.m. Solid Waste/General Support Services Award a contract to Honeywell Building Solutions of Orlando, FL for the Installation and service of energy saving equipment in the Long Center for $2,445,000 in accordance with Sec. 2.564(1)(d), Code of Ordinances – Other governmental bid and authorize appropriate officials to execute same. (consent) The contract and purchase of this equipment is based on the State of Florida Energy Savings Contract 973-320-08-1. Staff has conducted audits on four City buildings with high utility costs to determine areas that replacement of higher efficiency equipment could result in reduced energy costs. The Long Center was one of the buildings examined and selected as the pilot building to review and create the potential savings under this contract. All electrical and gas equipment including air-conditioners, lights, water heaters, and exhaust systems were evaluated. The dehumidification exhaust system in the large pool area was removed several years ago due to major breakdown of components. Most of the eight air-conditioning units are near the end of their life expectancy. The proposal from Honeywell includes the following tasks: 1) Remove eight existing A/C roof top units and replace with high efficiency units; 2) Remove two existing air units, five existing exhaust fans, and associated duct from the Aquatic area and install one high efficiency roof unit for the upper viewing area of the natatorium and one Dehumidification Unit that will serve the pool area. This unit is very critical to extending the life of components and paint in the pool area; and 3) Replace existing lights fixtures with high efficiency fixtures in the gymnasium, Carlisle court area, and Aquatics area. This contract provides for a guaranteed energy and operational cost avoidance savings on a yearly basis after installation of this equipment on utility costs. The guaranteed annual savings for the first year is $184,764. The term of this contract is 20 years. Each year an audit will be performed to determine the actual expenses incurred as compared to the established Council Work Session 2008-11-03 5 baseline, and if the savings are lower than the guaranteed amount, then Honeywell will pay the City the difference. If the savings is greater, the City will keep the added savings. This contract includes all preventive maintenance on the replacement systems to achieve the projected life expectancy of 20 years. Finance Director Margie Simmons said retained earnings had been appropriated for this contract. Staff will review if Penny for Pinellas funds could be used. Building & Maintenance Superintendent Jim Wood said maintaining an ideal humidity level in the natatorium will prolong the life of the structural steel. Planning Approve a Zoning Atlas Amendment from Medium Density Residential District (MDR) to the Medium High Density Residential (MHDR) District for property located at 2855 Gulf-to-Bay Boulevard (consisting of a portion of Sec. 17-29-16) and Pass Ordinance 7994-08 on first reading. (REZ2008-07007) This Zoning Atlas Amendment application involves one property of approximately 28.35 acres in area located approximately 370 feet southwest of the intersection of Gulf-to-Bay and Cross boulevards. This property has a Future Land Use Plan (FLUP) classification of Residential Medium (RM) and a zoning designation of Medium Density Residential (MDR). The applicant is requesting to amend the Zoning Atlas from the MDR designation to the Medium High Density Residential (MHDR) designation. 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) The proposed use is compatible with the surrounding area; 3) Sufficient public facilities are available to serve the property; 4) The applications will not have an adverse impact on the natural environment; and 5) The district boundaries are appropriately drawn. The Community Development Board reviewed this application at its public hearing on October 21, 2008, and recommended approval. Assistant Planning Director Gina Clayton said the proposed development would not impact public services. She could not verify if the project would increase the property’s value. While the zoning district allows a residential shelter, 429 units are being proposed. Official Records and Legislative Services Appoint Councilmember John Doran to the Pinellas Planning Council for a new two year term expiring on December 31, 2010. (Pinellas Planning Council encourages the City to consider the reappointment of Councilmember Doran, who is considered a valuable member of the Council, if he's willing to serve) Consensus was to reappoint John Doran to the Pinellas Planning Council. Legal Council Work Session 2008-11-03 6 Authorize assumption of the contracts to purchase Royalty Theater and the Lokey building; approve the memorandum of understanding between the City and Ruth Eckerd Hall and authorize the appropriate officials to execute same; authorize estimated closing costs not to exceed $90,000, and authorize an additional $250,000 to be paid to Ruth Eckerd Hall for theater preparation costs including preliminary architectural and construction manager services, for a total estimated cost of $2.65 million. The City will assume the purchase contracts for 403 (purchase price of $975,000) and 401 (purchase price of $1,335.000) Cleveland Street and will purchase said properties and cover all closing costs. The City and Ruth Eckerd Hall will develop lease and management agreements similar to the existing agreement for the operation of Ruth Eckerd Hall recognizing however that it is not the intent that the City subsidize the ongoing operations of the Theater following rehabilitation of the facility. Ruth Eckerd Hall estimates the total project cost to be $14.2 million broken down as follows: 1) $2.4 million for purchase and closing costs, including Ruth Eckerd Hall out of pocket due diligence expenditures ($13,920); 2) $6.8 million for construction and renovation; and 3) $5 million for an endowment fund. In addition, presenting some performances in the Capitol/Royalty Theater during the pre- construction period will help generate interest in the project. During the pre-construction period, Ruth Eckerd Hall will lease the facility from the City for $1 for each use. Ruth Eckerd Hall will be responsible for all costs associated with each event, including staffing, set up and clean-up. The net profit for each event will be split equally between the City and Ruth Eckerd Hall. The City will assist Ruth Eckerd Hall in getting the facility ready for use prior to commencement of remodeling. The City will advance/provide funding following closing not to exceed $250,000 (to be netted from the above cost estimates from the City’s/public funding total of $6.2 million) for cleaning the theater, clearing the theater of unwanted and unnecessary debris and clutter, purchasing stage, lighting, sound and projection equipment and other necessary items to ensure a comfortable and safe environment with adequate equipment to be able to mount performances. Equipment purchased would be able to be used in the final project. Ruth Eckerd Hall would carry appropriate insurance up to entertainment and performing arts industry standards for such use of the theater and shall indemnify and hold harmless the City for any losses that occur as a result of Ruth Eckerd Hall’s use of the theater. Ruth Eckerd Hall will accept responsibility for the construction and not seek any additional funding beyond what is stated in this document for the construction and renovation of the theater and the adjacent building. In raising endowment funds, it is the intent for Ruth Eckerd Hall to operate the facility without any ongoing annual subsidy from the City. Funding will be provided by the transfer of $2.65 million from the unappropriated retained earnings of the Special Development Fund to establish a new capital improvement project at first quarter. Ruth Eckerd Hall Executive Director Robert Freedman said many organizations have added their support. He said additional negotiations had resulted in a purchase price reduction of more than $300,000. He said the owner of 401 Cleveland Street is adamant that the property is worth the asking price. He said that building is necessary for lobby amenities and an elevator and felt the proposal is the best deal possible. The City Attorney said if vacation of the alley is approved, the County would control half of its width. Mr. Freedman said costs to relocate utilities in the alley have been budgeted. He will discuss the vacation issue with the County and property owners to the east. The City Attorney said the theater sellers will pay closing costs, estimated to be less than $90,000. Council Work Session 2008-11-03 7 Mr. Freedman said under the proposal, Ruth Eckerd Hall would rent the facility from the City for $1/year. The facility would not require a City subsidy. Ruth Eckerd Hall will share with the City any profits from interim events before renovations are completed; the City would not be responsible for losses. He said Ruth Eckerd Hall will provide all necessary insurance. Ms. Simmons said capital improvements will need to be budgeted. Mr. Freedman agreed to a Memo of Understanding amendment, clarifying that the City’s commitment also is contingent on Ruth Eckerd Hall’s commitment. Concerns were expressed that the timing of the project was bad, the City should not waste money, and the price of the 401 Cleveland Building was too high. It was noted the City’s investment in Beach Walk was significantly higher; the City is not planning to flip the property. Use of Penny for Pinellas funds was encouraged. The 401 Cleveland building lease, valued at $70,000, runs through January 2010. Discussion ensued regarding benefits associated with historic preservation and investment in the arts. Mr. Freedman estimated the facility’s impact on the downtown economy would be $4 million. Any federal funding would offset the City’s investment. Council Discussion Items Appointments to Community Development Board - Councilmember Gibson Councilmember Gibson said he had heard many complaints regarding CDB (Community Development Board) decisions and spoke in opposition to the board’s approval of the Cabana Club request, stating they had improperly considered parking issues. Discussion ensued regarding the board’s history, quasi-judicial process, and board member representation requirements. Board members spend significant time on board issues. The philosophy of the Code was reviewed, along with significant efforts by Council to listen to the public. While some may disagree, it was stated CDB decisions are based on law. It was felt some statements at the meeting may have been inappropriate but the unanimous approval was a clear-cut decision. It was recommended the Code be amended to require sufficient parking. Sister Cities - 50th Anniversary - 2009 Nagano Visit th Councilmember Petersen said the 50 anniversary of the Sister Cities relationship between Nagano and Clearwater comes at a time of financial difficulty for both cities. Cultural Affairs Manager Margo Walbolt said Nagano invited a City contingent to visit in 2009 and requested scheduling a date. The City will invite Nagano representatives to visit in 2010. Discussion ensued regarding escalating costs and dates. It was suggested the City invite Nagano visitors for Jazz Festival 2010. Consensus was for the Mayor to visit Nagano in October 2009. Others from Clearwater would be responsible for their own expenses. Councilmember Petersen reported Nagano no longer can fund annual visits by three Clearwater students and discussed alternatives. Ms. Walbolt estimated travel expenses for three students and a chaperone would be $10,000. Staff will schedule further discussion on December 1, 2008, and provide suggestions for a budget and scholarship criteria. It was recommended that scholarships be need based and feature a sliding scale. Council Work Session 2008-11-03 8 Council Discussion Item - review the status of Penny II projects and the list of Penny III projects. Budget Director Tina Wilson reviewed the status of Penny for Pinellas II projects. She estimated the nearly $5 million unallocated will increase to about $7 million by the end of the 10- year period. Changes require a public hearing. Penny2009/10 Project FundsPennyTotal Station 48 (Belcher) Renovation/Expansion $ 498,330 $ 498,330 Station 45 (Main) Renovation $ 2,918,450 $ 2,918,450 Druid Road Improvements $ 2,742,970 $ 2,742,970 Traffic Calming $ 4,200,720 $ 4,200,720 Downtown Streetscape $ 636,310 $ 636,310 Gulf to Bay & Highland $ 1,499,660 $ 1,499,660 Morningside Recreation Center $ 3,061,230 $ 3,061,230 Recreation Trails/Bicycle Paths $ 972,110 $ 972,110 Long Center Infrastructure Improvements $ 733,360 $ 700,000 $ 1,433,360 $17,263,140 $ 700,000 $17,963,140 Ms. Wilson also presented Penny for Pinellas III projects, as currently proposed. The revenue estimate has been reduced by $10 to $12 million. Police Homicide Vehicle $ 150,000 Clearwater Beach Fire Station Renovation/Reconstruction $ 4,147,910 Lakeview Fire Station Renovation/Reconstruction $ 4,755,560 Countryside Fire Station Renovation/Reconstruction $ 4,648,460 Downtown Streetscaping $ 12,500,000 Highland Ave Widening - Union St to Sunset Point Rd $ 2,500,000 Bayshore Blvd Realignment North of Drew St $ 2,500,000 Downtown Parking $ 6,250,000 Coachman Park Redevelopment $ 5,000,000 Youth Sports Fields Renovations & Improvements $ 7,000,000 Neighborhood Parks Renovations & Improvements $ 5,000,000 Recreation Trails $ 3,000,000 Countryside Family Aquatics Center Development $ 2,500,000 Municipal Beach Parking Garage $ 12,500,000 Citywide Seawall Replacement $ 1,250,000 Countryside Branch Library Expansion & Renovation $ 6,250,000 East Branch Library Expansion & Renovation $ 6,250,000 Library Technology $ 1,250,000 New City Hall & Parking Garage $ 25,000,000 Citywide Wireless Mesh $ 3,125,000 Senior Facility $ 3,500,000 Ruth Eckerd Hall $ 4,000,000 Traffic Calming $ 5,000,000 New Sidewalk Construction $ 2,833,250 TOTAL $130,910,180 Council Work Session 2008-11-03 9 Fire Chief Jamie Geer said a structural analysis indicated the Main Fire Station is sound and could be renovated. Allocated funding may be insufficient. The City Manager said if the project is delayed, another site could be purchased with Penny for Pinellas III funds. Assistant City Manager Rod Irwin said staff is downsizing the remainder of the Downtown Streetscaping project, which will improve pedestrian access and signage. It was recommended the City apply to the MPO (Metropolitan Planning Organization) for intersection improvements at Gulf-to-Bay Boulevard and Highland Avenue. City Engineer Mike Quillen said focusing on functional improvements rather than aesthetics should reduce costs. Discussion ensued regarding the Morningside Recreation Center with support expressed for a smaller replacement facility that would not require additional FTEs (Full-Time Equivalent). Mr. Quillen said the City Council recently had approved the LAP (Local Agency Program) related to the Phase IV recreation trails and bicycle path project. Concern was expressed that the Penny for Pinellas III list requires an additional 18 FTEs. A workshop for Penny for Pinellas III projects will be scheduled. The City Council recessed from 5:21 to 5:29 p.m. Other Council Action Councilmembers encouraged residents to vote. Adjourn The Work Session adjourned at 5:30 p.m. Council Work Session 2008-11-03 10