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03/15/2010 CITY COUNCILWORKSESSION MINUTES CITY OF CLEARWATER March 15, 2010 Present: Mayor Frank Hibbard, Vice Mayor Paul Gibson, Councilmember George N. Cretekos, Councilmember John Doran, and Councilmember Bill Jonson. Also William B. Horne II - City Manager, Jill S. Silverboard - Assistant City present: Manager, Rod Irwin - Assistant City Manager, Pamela K. Akin - City Attorney, Cynthia E. Goudeau - City Clerk, and Rosemarie Call - Management Analyst. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. Mayor Frank Hibbard called the meeting to order at 9:00 a.m. at City Hall. 1. Presentations 1.1 Service Awards Five service awards were presented to city employees. The Bimonthly Team Award for March and April 2010 was presented to the Clearwater Police Communications Center: Nick Gossman, Karl Pople, Tashadra Lankford, and Leah Turpak. The Council recessed from 9:11 a.m. to 9:12 a.m. to meet as the Pension Trustees. 2. Office of Management and Budget 2.1 Amend the City’s fiscal year 2009/10 Operating and Capital Improvement Budgets at First Quarter and pass Ordinances 8166-10 and 8167-10 on first reading. The fiscal year 2009/10 Operating and Capital Improvement Budgets were adopted in September 2009 by Ordinances 8100-09 and 8101-09. Section 2.521 of the City’s Code of Ordinances requires the City Manager to prepare a quarterly report detailing income, expenditure estimates, collections, the explanation significant variances, as well as the financial status of all capital improvement projects. The transmittal memorandum and the accompanying report provide this information and outline the issues at first quarter that require amendment. Budget Director Tina Wilson provided a power point presentation. The General Fund revenues and expenditure amendments reflect a net increase of $271,236. The major reason for the overall General Fund expenditure increase includes the appropriation of General Fund retained earnings of $132,950 at first quarter to include the following items: $89,000 to fund the Matrix contract; $37,950 for the turnstile removal at Clearwater Harbor, and $6,000 for the installation of light buoys adjacent to the Clearwater Pass Jetty. Estimated General Fund reserves at first quarter are Work Session 2010-03-15 1 approximately $17.3 million, or 15.1% of the current year's General Fund budget, exceeding our reserve policy by $7.5 million. First quarter amendments to the Capital Improvement Fund reflect a decrease of $1,381,607. The Special Program Fund reflects a net budget increase of $2,669,654 at first quarter. In response to a question, Ms. Wilson said the health clinic will be captured in the next quarterly report. A cost center will be established after negotiations with the first ranked firm are completed. No monies have been spent for the clinic. 3. Economic Development and Housing 3.1 Authorize a 30-year, three percent, $545,000 loan, with a five-year deferment, to Pine Berry Senior Limited Partnership, to acquire and develop real property located at 1225 Highland Avenue, Clearwater, Florida, as affordable rental housing for seniors, enter into a mortgage and authorize the appropriate officials to execute same. (consent) Pine Berry Senior Limited Partnership completed a Consolidated Plan Application for funding to acquire and develop apartments for seniors. The amount requested is a $545,000, three-percent, 30-year loan. The new apartment complex will provide 85 affordable rental housing units for the elderly. The units will be comprised of 43 one-bedroom/one-bathroom units and 42 two-bedroom/one- bathroom units. The square footage of the units will be 625 for the one-bedroom units and 780 for the two-bedroom units. The rents will be set at 60% of the area median income or lower, based on the requirements of the Florida Housing Finance Corporation Low Income Housing Tax Credit (LIHTC) Program. The project is located at 1225 Highland Avenue, Clearwater, the site of the former bowling alley, approximately 3.02 acres. The purchase price of the property is $1,700,000. The total project cost is $15,859,959. Funding for the project includes $345,000 from the HOME Investment Partnership Program and $200,000 from the State Housing Initiatives Partnership Program (SHIP), $9,240,872 through the Low Income Housing Tax Credit Program (LIHTC), $5,590,341 from the Tax Credit Assistance Program, and $483,746 from the owner’s equity. Pine Berry Senior Limited Partnership anticipates that they will have site control by March 2010. The project is scheduled to be completed by Summer 2011. The development will be equipped with an amenity package that includes emergency call service in each unit, community center, picnic area, computer lab on site, laundry facilities with full size washers and dryers and a library. RLI Beneficial Development 7, LLC will be the developer of the apartments. They will engage a construction and a management company for the development of the project. Site plan, elevations, and legal documents are in substantially final form. Work Session 2010-03-15 2 In response to questions, Economic Development and Housing Director Geri Campos Lopez said the loan will be paid back. The HOME funds are provided by HUD (U.S. Housing and Urban Development) and SHIP funds by the State of Florida. Pine Berry Senior Limited Partnership will have site control after the closing expected at the end of March. It was requested that more information be provided regarding the property's taxes. 4. Financial Services 4.1 Appoint an Audit Committee, consisting of a Councilmember, a citizen and three city staff, for five year terms in compliance with Section 218.391, Florida Statutes. Per Council Policy adopted December 3, 2009, the Council will appoint an audit committee, for selection of the external auditors via a competitive request for proposal process, and for management of the audit process as appropriate. The current agreement with the City’s external auditors expires with the fiscal 2009 audit currently underway. Appointment of an audit committee is needed at this time to begin the request for proposal process for the next five year term. Official Records and Legislative Services has coordinated a recruitment for the citizen appointee. The three City staff members recommended for appointment include: Laura Mahoney, City Attorney’s Office; Robin Gomez, Internal Audit; and Clem Vericker, Finance. Staff member recommendations were based upon the staff member’s expertise and education, while keeping in mind that members of the committee would be prohibited from speaking to each other on audit matters outside of a formally announced audit committee meeting. Staff was directed to appoint John Doran as the Councilmember representative and Herbert McLachlan as the citizen representative and place item on the Consent Agenda. 4.2 Direct staff to proceed with steps necessary to redeem in full City of Clearwater, Florida, Improvement Revenue Refunding Bonds, Series 2001 on February 1, 2011 and to transfer $7,570,000 of unrestricted reserves ($4,600,000 from the Special Development Fund and $2,970,000 from the Central Insurance Fund) to the General Fund for transfer to the debt service fund to be used to redeem all outstanding principal of these bonds on February 1, 2011. (consent) The $11,740,000 City of Clearwater, Florida, Improvement Revenue Refunding Bonds, Series 2001, were issued on November 1, 2001 to provide funds to defease the City’s outstanding Florida Public Service Tax and Bridge Revenue Bonds, Series 1985 and Improvement Revenue Bonds, Series 1995 (Police Building). The remaining balance on 2001 bonds is solely related to the Police building. Work Session 2010-03-15 3 The scheduled final maturity date of the 2001 bonds is February 1, 2026 and, if not called via an early redemption, will require an average annual General Fund budget for debt service (principal and interest) in excess of $775,000 each fiscal year through fiscal 2025, a commitment totaling nearly $11.9 million. The interest rates of the bonds maturing in 2012 through 2026 range from 4.1% to 5.25%. Calling these bonds early will save the General Fund $3.7 million in interest expense over the fifteen year period. The total cash required on February 1, 2011 will be approximately $8,831,000 ($8,540,000 principal, $209,000 interest, and $82,000 call premium) and includes the scheduled principal and interest payment on that date of $579,054. Cash that will be available in the debt service fund is estimated to be approximately $1,261,000. The remaining balance of cash needed in the amount of $7.57 million is available in the Special Development Fund unrestricted reserves ($4,600,000) and the Central Insurance Fund unrestricted reserves ($2,970,000). Any funds remaining after redeeming the bonds will be returned to the General Fund. There are sufficient Special Development Fund unrestricted reserves and Central Insurance fund unrestricted reserves available and they are an appropriate funding source for the debt redemption and are not restricted in anyway. The cash projection for this presentation is based on the assumption that if Council approves this recommendation the $775,000 +/- debt service requirement will be eliminated effective with the Fiscal 2011 General Fund budget. In response to questions, Finance Director Margie Simmons said the transfer will not reduce the General Fund reserves. It is appropriate to use the special development fund reserves to pay off debt and keep General Fund reserves available. Outside bond counsel will be needed. Ms. Simmons said staff has been considering option to reduce budget for some time. If the transfer is not in place then the savings will not be in place. It was suggested the decision be delayed for a month. It was stated that this is how reserve funds should be used to help take some pressure off the General Fund. 4.3 Approve the purchase of property and equipment breakdown insurance from April 1, 2010 through April 1, 2011, at the level of insurance provided for in this agenda item, including a $60 million limit and $30 million Flood limit, at amount not to exceed $2,300,000 and authorize the appropriate officials to execute same. (consent) The Risk Management Division of the Finance Department has requested Arthur J. Gallagher and Co. - (Florida) to obtain quotes for the property insurance program expiring April 1, 2010. Risk Management is recommending a $60M limit and a $30M Flood limit at an annual premium of approximately $2,261,815. Additionally, it is recommending Work Session 2010-03-15 4 the City renew its Equipment Breakdown policy with Travelers at a premium of $11,489. This insurance coverage as recommended has several enhancements to last year’s program. The Property limit has been increased to $60M from $50M. The Flood sub-limit has been increased to $30M from $20M. The self-insured retention (except for named storms) has decreased from $300K per occurrence to $100K per occurrence. The named storm self-insured retention remains at 5 percent with a minimum self-insured retention of $500K. The primary layer of insurance has remained with the same carriers. Some of the carriers in subsequent layers have changed. Several other options of coverage were offered, including: A limit of $50M/$20M Flood sublimit $2,123,701 (expiring limits) A limit of $50M/$30M Flood sublimit $2,159,261 A limit of $60M/$20M Flood sublimit $2,226,259 Risk Management believes that should the coverage as recommended be placed, the City’s property risks are covered at levels and rates which, when taken together as a whole, represent a reasonable insurance program for the City. In response to a question, Risk Manager Sharon Walton said the cost per hundred is approximately $0.36. 4.4 Approve payment in an amount not to exceed $35,000, for resolution of City claim 10000004, and authorize the appropriate officials to execute same. (consent) City vehicle G2747, a 2004 Pierce Fire Engine, was damaged when the truck was driven into the fire station with the ladder rack in a raised position. The estimated cost to repair the vehicle and replace the damaged ladders is $30,346.35. Repair is not yet complete, and supplemental bills are possible. Risk Management is requesting authorization in the amount of $35,000 to resolve this first party claim. In response to questions, Fire Deputy Chief Robert Weiss said the driver was making sure all components of new engine were working. The driver did not check to see if the rack was in the extended position before parking the vehicle in the station. The engine’s alarm system did not sound off properly during the individual’s inspection. Deputy Chief Weiss said the individual was disciplined according to the city’s Performance Behavior Management Program guidelines. 5. Marine and Aviation 5.1 Approve a monthly recreational license agreement between the City of Clearwater and recreational boat owners at the Downtown Boat Slips, the Clearwater Work Session 2010-03-15 5 Municipal Marina, and Island Estates and adopt Resolution 10-05. The proposed update of the recreational dock permit to a recreational license agreement is intended to bring the format and common rulings into conformity with the commercial license agreement, prior to the opening of the Downtown Boat Slips. Exhibits, such as the rules and regulations and hurricane plan form are only for reference. Included in the recreational license agreement are changes to the requirement of paying the first two months up front, to applying the two month’s rent to the first and last month rent. The final month’s rent is non-refundable and will only be applied “if the Permitee notifies the Marine and Aviation Director, in writing, of Permitee’s intent to not renew the permit thirty-one (31) days or a month, whichever is shorter, prior to the anticipated final month, ...” Currently, there is a monthly average of thirty (30) open slips between the Clearwater Municipal Marina and Island Estates. Of the possible 126 Downtown Boat Slips, deposits have been placed on 30 slips. It is hoped the changes will make slip rental more attractive to tenants without adding additional regulation/restriction and at the same time protect the City’s interest. In response to questions, Marine and Aviation Director Bill Morris said the city currently gets a security deposit and one month slip rent. Renters are required to have $10,000 liability insurance in addition to having the vessel insured. Renters are required to pay for damages they cause. 6. Solid Waste/General Support Services 6.1 Award a contract (purchase order) to Wastequip Industrial for an amount not to exceed $ 250,000 for the purchase of compactors, compactor parts, and roll-off containers, for the period March 19, 2010 through December 31, 2011, being the lowest bid received in accordance with specifications and authorize the appropriate officials to execute the same. (consent) The Solid Waste Department provides collection service for putrescible garbage, bulk trash, and construction and demolition debris from both commercial and residential customers. Large amounts of this debris may be transported in either compactor or roll-off containers by City collection vehicles to State-permitted disposal facilities. The Purchasing Department advertised a request for bids (Bid 09-10) for the purchase of compactors, compactor parts, and roll-off containers in the St. Petersburg Times on January 28, 2010 and also advertised on the City’s website from January 25th through February 17th, 2010. The City received nine bids on February 17, 2010. Work Session 2010-03-15 6 In response to questions, Solid Waste Program Director Tom Glenn said 45 of the compactors are old and reaching their service livability limits. The city leases 65 units and services 86 units. 6.2 Approve the Local Mitigation Strategy developed for Pinellas County, recommend adoption by the Pinellas County Board of County Commissioners and adopt Resolution 10-07. The purpose of the Local Mitigation Strategy is to establish an ongoing process that will make hazard mitigation part of the daily functioning of the entire community. The Local Mitigation Strategy serves as a bridge between local governments’ growth management plans, the county comprehensive emergency plan, land development regulations, and relevant ordinances and codes such as those for floodplain management. Most of the burden of recovering from a disaster falls squarely on the shoulders of local government. A major disaster can bring extraordinary hardship to citizens, devastate the economic base and diminish its quality of life for years to come. If hardships seen in other parts of the country can be avoided by making smarter decisions before the disaster, the best interest of our citizens, businesses and communities will be served. The purpose of the local mitigation strategy is to develop a "blueprint" or guide intended to provide a unified and consistent course of action needed to eliminate or reduce the impact of disasters that threaten Pinellas county and its municipalities. Included in this strategy is a list of projects that would improve our chance of survival. City of Clearwater project include: Hardened mainland fire stations Purchase 2000Kw trailer mounted backup generator for water pollution control plants Construct an emergency operations center at Fire 48 training complex Provide shutters and door coverings for Public Works Complex buildings Purchase mobile antenna for citywide telemetry system Provide seven backup generators for Northeast Plant Hardened windows and doors, increase roof attachments, install generator at Countryside Recreation Center Approving the plan and adopting the Resolution does not commit the City to fund the projects. 7. Public Services 7.1 Award a contract (blanket purchase order) to Pinellas County Solid Waste in the amount of $180,000 for the disposal of solid waste at the Pinellas County waste to energy plant/landfill for the period April 1, 2010 through April 30, 2011 as provided in the City’s Code of Ordinances, Section 2.564 (1)(d), Services provided by Other Work Session 2010-03-15 7 Governmental Entities, and authorize the appropriate officials to execute the same. (consent) Pinellas County operates the only waste to energy plant/landfill in the County. The NPDES permit that Public Services/Stormwater Maintenance Division operates under requires the disposal of all debris generated from the street sweepers, vaccon operation and ditch/catch basin cleaning to a landfill disposal site. Pinellas County’s landfill is the only landfill in this county permitted to accept this debris. Pinellas County has kept their rate at $37.50 per ton for over 11 years. 8. Engineering 8.1 Accept a Water Main and Utilities Easement 10 feet in width over, under, across and through a portion of the Southeast 1/4 of Section 29, Township 28 South, Range 16 East, Pinellas County, Florida, conveyed by the School Board of Pinellas County, Florida, given in consideration of receipt of $1.00 and the benefits to be derived therefrom. (consent) In 2009 Heritage United Methodist Church undertook redevelopment of the southerly five acres of church grounds at 2680 Landmark Drive. About the same time the Pinellas County School board undertook improvements at adjoining Leila G. Davis Elementary School, 2630 Landmark Drive. To facilitate the church project the School Board granted the City a small 120 square foot water main easement to permit Heritage connection to an 8-inch City water main servicing school facilities. During the permitting process for the church redevelopment project the City discovered it had never received formal easement over its existing water main providing service to the elementary school. The subject easement corrects that oversight and provides the City with perpetual easement authority to maintain and replace as necessary all of its existing potable water facilities serving the school, as well as the earlier connection for the Heritage water service. The authority extends five feet each side of the existing lines. 8.2 Award a contract for the Morningside Neighborhood Traffic Calming project (07- 0008-EN) to R.A.M. Excavating, Inc., of Palm Harbor, Florida, in the amount of $1,399,790.70, which is the lowest responsible bid received in accordance with plans and specifications, and authorize the appropriate officials to execute same. (consent) This project involves construction of traffic calming features in the Morningside community envisioned by community residents at the Morningside Traffic Calming Charrette and supported by a petition signed by owners of approximately 65% of the parcels in the project area. The engineering plans were reviewed for faithfulness to their charrette vision by residents belonging to the Morningside Work Session 2010-03-15 8 Traffic Calming Tech Team at the 30, 60, 90 and 100% milestones. The Morningside-Meadows Homeowners’ Association supports the project. The Tech Team and the Morningside-Meadows Homeowners’ Association have kept the Morningside community informed about the project through personal contact, community meetings, and the Morningside-Meadows Homeowners Association’s website and the association’s official publication, the News of Morningside- Meadows. Traffic calming features include construction of three modern 1-lane roundabouts on Harn Boulevard, landscaped bulb-outs in the parking lane on Harn Boulevard and two mini-roundabouts elsewhere. The design is compatible with the existing speed tables on Harn Boulevard and Stewart Boulevard. Work will commence upon award and execution of the contract and will be completed within 320 calendar days. Ongoing maintenance of the landscaping elements of the project will be provided by Parks & Recreation Department. The landscaping plant palate and irrigation was designed, with Parks Department input, for low maintenance. Street signage and pavement markings will be maintained by the Traffic Operations Division. Sufficient budget and revenue are available in Capital Improvement Program (CIP) projects 0315-92259, Traffic Calming, in the amount of $1,393,256.70 and 0315-96124, Storm Pipe System Improvements, in the amount of $6534.00 for a total value of $1,399,790.70. In response to questions, Traffic operations Manager Paul Bertels said the existing speed tables will be removed once the project is finished. Traffic calming projects are funded from Traffic Calming CIP (Capital Improvement Program), which is funded by the Local Option Gas Tax. The lighting around the roundabout is provided Progress Energy. In response to a concern regarding the bulb outs, Mr. Bertels said the plans were reviewed by Fire and Solid Waste and no concerns were expressed. 8.3 Grant and convey to Florida Power Corporation doing business as Progress Energy Florida, Inc., a Florida corporation, a distribution easement over, across and through the South 10 feet of Lot 4, SPENCER HEIGHTS, in consideration of the mutual benefits, covenants and conditions contained therein, and authorize appropriate officials to execute same. (consent) The City has commenced construction of Spencer Pond, a nearly one-acre neighborhood retention pond lying south of Turner Street between Spencer and Duncan Avenues. Progress Energy presently has an overhead distribution line that extends directly across the developing pond to Turner Street. Work Session 2010-03-15 9 For safety and maintenance reasons the utility has requested the City grant it an easement to permit rerouting its line west to Spencer Avenue along the south bank of the pond, then north again to Turner Street to avoid having it extend directly above the pond itself. The subject easement will provide Progress Energy a ten foot corridor along and above the south bank of the proposed pond to accomplish the desired redirection at the utility’s sole cost and expense. 8.4 Approve the Jones Edmunds and Associates, Inc. (Jones Edmunds) supplemental work order in the amount of $25,550 for additional engineering design services for Pump Station Replacement at Marshall Street Advanced Pollution Control Facility (APCF) (09-0028-UT)and authorize the appropriate officials to execute same. (consent) The original Jones Edmunds work order in the amount of $109,680 was approved by the City Council on 8/6/09. During the 50% design phase, geotechnical investigations revealed that potential contamination may be present in the soil and groundwater at the location of the proposed new wetwell. A hydraulic analysis also identified potential problems up stream of the proposed wetwell that could cause an overflow at peak flow periods. The costs of additional construction required to rectify the potential overflow warranted a reevaluation of the options for the new wetwell. It was determined that the use of nearby idle reclaimed water wet well is now the most cost effective approach. This Agenda Item provides for additional engineering and design services, by Jones Edmunds, for the evaluation and design to reuse existing reclaimed wetwell as new filter feed pump station, as well as provide for recovery of costs incurred for the review and recommendations of soil and water contamination, and the hydraulic evaluation of the clarifier influent pipe. Jones Edmunds is one of the City’s current Engineers-of-record and the work order was thus prepared in accordance with the Consultants Competitive Negotiations Act. The Public Utilities Department, Wastewater Flow and Treatment section will own and operate this facility when completed. Sufficient Utility Repair and Replacement budget and revenue is available in 0327-96202, WWTP Screw Pump Replacements for $25,550 to fund the supplemental work order. 8.5 Approve a work order with PBS and J Inc. of Tampa, an Engineer of Record, for Work Session 2010-03-15 10 Stormwater and Solid Waste permitting services for the Sherwood Yard Facility in the amount of $111,595.06 and authorize that appropriate officials to execute same. (consent) Sherwood Yard is the City’s existing Public Services and Public Utilities waste transfer facility that is bordered by the Clearwater Airpark on the west, Arcturas Ave on the east and the Public Service/Public Utilities on the north. The facility currently accepts waste from the Public Services and Public Utilities operations to be stored before transfer to the proper disposal site along with providing a self contained wash area for the vehicles used in these operations. The primary purpose of this project is to meet all of the state’s current standards and regulations, resulting in a more efficient and environmental friendly facility. Sufficient budget and revenue is available in Capital Improvement Program project 0315-96158, Transfer Yard Upgrade to fund this Work Order. In response to questions, Engineering Manager Elliot Shoberg said the estimated cost for construction is $1.2 million. Public Utilities will pay a portion. Every municipality will be required to do the same. Staff was directed to research the city's ability to offset costs to smaller municipalities. 8.6 Dedicate as public right-of-way, a City-owned parcel of land lying and being situate in a portion of LLOYD-WHITE-SKINNER SUBDIVISION, containing 12,600 square feet, more or less, to be known as Second Street, adopt Resolution 10-08 and authorize appropriate officials to execute same. On March 3, 2005 the City entered into a development agreement with K and P Clearwater Estate, LLP for the Kiran Grand Resort and Spa. A Contract for Exchange of Real Property, attached to the Development Agreement, required the developer to convey land in Lloyd-White-Skinner Subdivision to the City. In exchange the City vacated certain rights-of-way, including First Street between S. Gulfview Boulevard and Coronado Drive. The Contract was subsequently amended and restated on March 22, 2006, including adding a requirement the developer allocate a minimum of $241,500 for constructing the Relocated First Street upon the lands it would convey. On March 30, 2006 the developer did convey title in and to the required lands by Warranty Deed as recorded in O. R. Book 15085, Page 2109, public records of Pinellas County, Florida. Prior to opening of the Hyatt Regency Resort the relocated 3-lane travelway was constructed and operational. Other than the City funding installation of public utilities, the roadway was built with private funding pursuant Work Session 2010-03-15 11 to the Contract. Adoption of Resolution 10-08 will formally establish public right-of-way relocated First Street, now to be known as Second Street, between South Gulfview Boulevard and Coronado Drive. 9. Planning 9.1 Approve Clearwater Comprehensive Plan Text Amendments to the five adopted maps in the Public School Facilities Element in response to changes in public school facilities enacted by the Pinellas County School District, and Pass Ordinance 8134-10 on first reading.(CPA2009-12001) The Planning Department is recommending amendments to the Clearwater Comprehensive Plan to replace the five adopted maps in the Public School Facilities Element with revised maps which reflect final information regarding school closures, mergers, program changes, and the expansion of existing and the addition of new charter schools as per the Pinellas County School Board’s Five-Year Facilities Work Program (a 39-page document) approved on September 15, 2009 and amended on November 10, 2010. The School Board’s Level of Service (LOS) Report that included changes to assign charter schools to individual school concurrency service areas was approved on January 12, 2010. The following adopted maps in the Clearwater Comprehensive Plan are being replaced: Map : J-1 Public School Facilities Map : J-2 Public Elementary Schools Map : J-3 Public Middle Schools Map : J-4 Public High Schools Map : J-5 Ancillary Facilities and Land Banked Sites Ordinance 8134-10 and the staff report contain further analysis and information on the proposed amendment. The Community Development Board (CDB) reviewed the proposed amendment at its regularly scheduled meeting on February 16, 2010 and recommended approval. In response to questions, Planner Sandy Herman said the city is notified of changes to the School Board’s 5-year facility plan and school district plan. Concern was expressed that the school board does not maintain a dialogue with municipalities regarding school closures. It was suggested that a letter be sent to the school board. 9.2 Approve the Annexation, Initial Land Use Plan Designation of Residential Low (RL) and Initial Zoning Atlas Designation of Low Density Residential (LDR) District for 1836 Beverly Circle North (Lot 11, Block C, Meadow Creek in Section 24, Township 29 South, Range 15 East); and Pass Ordinances 8154-10, 8155-10 and Work Session 2010-03-15 12 8156-10 on first reading. (ANX2009-12016) This voluntary annexation petition involves a 0.25-acre property consisting of one parcel of land occupied by a single-family dwelling. It is located on the north side of Beverly Circle North, approximately 85 feet west of Brookside Drive and 555 feet east of Keene Road. The applicant is requesting this annexation in order to receive sanitary sewer and solid waste service from the City. The property is located within an enclave and is contiguous to existing City boundaries to the south, east and west. It is proposed that the property be assigned a Future Land Use Plan designation of Residential Low (RL) and a zoning category of Low Density Residential (LDR). The Planning Department determined that the proposed annexation is consistent with the provisions of Community Development Code Section 4-604.E as follows: The property currently receives water service from Pinellas County. The closest sanitary sewer line is located in the adjacent Beverly Circle North right-of-way and the applicant has paid the City’s sewer impact and assessment fees and is aware of the additional costs to extend City sewer service to this property. Collection of solid waste will be provided by the City of Clearwater. The property is located within Police District II and service will be administered through the district headquarters located at 645 Pierce Street. Fire and emergency medical services will be provided to this property by Station 47 located at 1460 Lakeview Road. The City has adequate capacity to serve this property with sanitary sewer, solid waste, police, fire and EMS service. The proposed annexation will not have an adverse effect on public facilities and their levels of service; and The proposed annexation is consistent with and promotes the following objective of the Clearwater Comprehensive Plan: Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Objective A.7.2 Diversify and expand the City’s tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. Policy A.7.2.3 Continue to process voluntary annexations for single-family residential properties upon request. The proposed RL Future Land Use Plan category is consistent with the current Countywide Plan designation of this property. This designation primarily permits residential uses at a density of 5 units per acre. The proposed zoning district to Work Session 2010-03-15 13 be assigned to the property is the Low Density Residential (LDR) District. The use of the subject property is consistent with the uses allowed in the District and it meets the District’s minimum dimensions through the Flexible Standard requirements. The proposed annexation is therefore consistent with the Countywide Plan, City’s Comprehensive Plan and Community Development Code; and The property proposed for annexation is contiguous to existing City boundaries to the south, east and west; therefore the annexation is consistent with Florida Statutes Chapter 171.044. The Council recessed from 10:44 a.m. to 10:51 a.m. 9.3 Approve the Annexation, Land Use Plan Amendment from Residential Urban (RU) (City and County) to Institutional (I), and Zoning Atlas Amendment from R-2 and R-3 (County) and from Low Medium Density Residential (LMDR) (City) to Institutional (I) for 28 parcels of land located generally southwest of Drew Street and McMullen Booth Road; and pass Ordinances 8148-10, 8151-10, and 8152-10 on first reading.(ANX2009-12017 and LUZ2009-12004) This subject site consists of 28 parcels of land totaling 5.21 acres in area located generally southwest of Drew Street and McMullen Booth Road. This annexation, land use plan amendment and rezoning is requested by the applicant and owner, First Baptist Church of Clearwater, Inc. a/k/a Calvary Baptist Church, located on the adjacent large parcel of land to the north. The applicant intends to develop the 5.21 acres for drainage purposes and outdoor recreation such as athletic fields for church/school use. Fifteen (15) of the parcels are currently vacant and 13 are developed with detached dwellings. The voluntary annexation petition involves 0.86 acres consisting of four of the 28 parcels of land and 0.20 acres of abutting right-of-way. Three of the four parcels being annexed are vacant and one is occupied by a detached dwelling. Each parcel is contiguous on at least one side to existing City boundaries. All 28 parcels have a Future Land Use Plan designation of Residential Urban (RU) with either Pinellas County zoning designations of R-2 and R-3 Districts (single family residential) or City zoning of Low Medium Density Residential (LMDR). A Future Land Use Plan designation of Institutional (I) and zoning category of Institutional (I) are being proposed on all 28 parcels (5.21 acres). The applicant is requesting to amend the Future Land Use classification in order to consolidate the church’s holdings into the appropriate land use category and zoning district. The Planning Department has determined that the proposed annexation is consistent with the provisions of Community Development Code Section 4-604.E as follows: Three of the four parcels being annexed with addresses 3043 Cherry Lane, 3031 Virginia Avenue and 3009 Kentucky Avenue are currently vacant. Work Session 2010-03-15 14 There is currently City water service to all four parcels being annexed except 3031 Virginia Avenue (vacant – no services). None of these four parcels are currently on City sanitary sewer. Sanitary sewer is available to 3043 Cherry Lane, 3031 Virginia Avenue and 225 Bayview Avenue. If the proposed project necessitates infrastructure modifications to satisfy site-specific utility capacity requirements, the applicant will be required to complete them at their expense. Collection of solid waste will be provided by the City of Clearwater. The property is located within Police District III and service will be administered through the district headquarters located at 2851 N. McMullen Booth Road. Fire and emergency medical services will be provided to this property by Station 49 located at 565 Sky Harbor Drive. The City has adequate capacity to serve this property with sanitary sewer, solid waste, police, fire and EMS service. The proposed annexation will not have an adverse effect on public facilities and their levels of service; and The proposed annexation is consistent with and promotes the following objectives and policies of the Clearwater Comprehensive Plan: Policy A.2.2.8 All land use categories on the Future Land Use Map shall be consistent with the density and intensity standards and other standards contained in the Pinellas Planning Council Countywide Plan Rules, including criteria and standards for nomenclature, continuum of plan classifications and categories, use and locational characteristics, map delineation, other standards, and special rules. Policy A.6.2.2 Encourage land use conversions on economically underutilized parcels and corridors, and promote redevelopment activities in these areas. Objective A.7.2 Diversify and expand the City’s tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. Policy A.7.2.3 Continue to process voluntary annexations for single-family residential properties upon request. Each parcel is contiguous on at least one side to existing City boundaries, represents a logical extension of the boundaries and does not create an enclave; therefore the annexation is consistent with Florida Statutes Chapter 171.044. The Planning Department has determined that the proposed land use plan amendment and rezoning applications are consistent with the following standards specified in the Community Development Code: The proposed land use plan amendment and rezoning applications are consistent with the Comprehensive Plan. The proposed use is compatible with the surrounding area. Work Session 2010-03-15 15 Sufficient public facilities are available to serve the property. The applications will not have an adverse impact on the natural environment. Please refer to the land use plan and rezoning (LUZ2009-12004) report for the complete staff analysis. In accordance with the Countywide Plan Rules, the Future Land Use Plan amendment is subject to approval by the Pinellas Planning Council and Board of County Commissioners acting as the Countywide Planning Authority. Based on the density of the category requested, review and approval by the Florida Department of Community Affairs is also required. The Community Development Board will review the Future Land Use Plan amendment and rezoning applications at its public hearing on March 16, 2010 and staff will verbally present the recommendation by the Board at the City Council meeting on March 18, 2010. Mayor Frank Hibbard disclosed he is a member of Calvary Baptist Church. In response to a question, Planner Sandy Herman said all properties in the application are owned by Calvary Baptist Church. 9.4 Approve a Future Land Use Plan Amendment from the Residential Low Medium (RLM) Classification to the Residential/Office/Retail ((R/O/R) and Residential Medium (RM) Classifications and a Zoning Atlas Amendment from the Mobile Home Park (MHP) District to the Commercial (C) and Medium Density Residential (MDR) Districts for property located at 2165 Gulf to Bay Boulevard (consisting of metes and bounds 41/03, 41/02 and 41/01, lying in a portion of the northeast of the southeast of Section 13, Township 29 South, Range 15 East); and Pass Ordinances 8143-10 and 8144-10 on first reading. (LUZ2009-12003) This Future Land Use Plan amendment application involves property comprising approximately 30.07 acres in area located at the southwest corner of Gulf to Bay Boulevard and Belcher Road. This property, formerly known as the Lakeside Mobile Home Park, has a Future Land Use Plan classification of Residential Low Medium (RLM) and a zoning designation of Mobile Home Park (MHP). The applicant is requesting to amend the Future Land Use Plan classification of the northern 11.637 acres of the site (proposed Parcel 1) to the Residential/Office/Retail (R/O/R) classification and to rezone it to the Commercial (C) District and to amend the southern 18.435 acres (proposed Parcel 2) to the Residential Medium (RM) classification and to rezone it to the Medium Density Residential (MDR) District in order to redevelop the property with commercial uses on Parcel 1 and attached dwellings on Parcel 1. The applicant has submitted a Development Agreement application in conjunction with this proposed land use plan amendment and rezoning which will limit the Work Session 2010-03-15 16 development potential of Parcel 1 to 90,000 square feet of commercial uses where 202,263 square feet could be permitted and to 243 attached dwelling units on Parcel 2 where 276 units could be permitted. The agreement also obligates the developer to implement certain transportation improvements and would be in effect for 10 years. 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 is consistent with the Comprehensive Plan and the Countywide Rules. The proposed uses are compatible with the surrounding area. Sufficient public facilities are available to serve the property. The applications will not have an adverse impact on the natural environment. Please refer to the land use plan amendment and rezoning (LUZ2009-12003) staff report for the complete analysis. 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 this application at its public hearing on February 15, 2010 and unanimously recommended approval of the Future Land Use Plan amendment. In response to questions, Planning and Development Assistant Director Gina Clayton said the staff report lists comprehensive plan requirements relevant to the agenda item. The site is broken into 2 parcels - residential and commercial. The residential piece of the development has more pedestrian connectivity. The chart reflects the traffic analysis on traffic generation rates based on land-use category and potential level of service. Ms. Clayton said the site is not being developed to maximum potential. Traffic Operations Manager Paul Bertels said the congestion on Belcher Road is from Drew Street to Druid Road. The main entrance to the complex will be on Belcher Road and that intersection will have a new signal. It is assumed those residing in the aprtments will use the commercial facilities. The development will generate 237 more trips than when it was a mobile home park. FDOT will not allow an exclusive turn lane on Gulf to Bay Boulevard. 9.5 Approve a Development Agreement between Nickel Plate Properties, Inc. and Lakeside Enterprises, L.L.C. (the property owners) and the City of Clearwater for property located at 2165 Gulf to Bay Boulevard (consisting of metes and bounds Work Session 2010-03-15 17 41/03, 41/02 and 41/01, lying in a portion of the northeast of the southeast of Section 13, Township 29 South, Range 15 East) as per Community Development Code Section 4-606 and adopt Resolution 10-03. The 30.07 acres is located on the west side of S. Belcher Road between Gulf-to- Bay Boulevard and Druid Road. The subject property was previously developed with mobile home parks (all 295 mobile homes and common facilities have been removed or demolished). The subject property is proposed to be redeveloped with two parcels. The northern parcel (Parcel 1) comprises 11.637 acres, while the southern parcel (Parcel 2) comprises 18.435 acres. There is a companion application to amend the land use plan category for the northern portion of the subject property (Parcel 1) from Residential Low Medium (RLM) category to Residential/Office/Retail (R/O/R) category, and rezoning this area from Mobile Home Park (MHP) District to Commercial (C) District; and amending the land use plan category the southern portion of the subject property (Parcel 2) from Residential Low Medium (RLM) category to Residential Medium (RM) category, and rezoning this area from Mobile Home Park (MHP) District to Medium Density Residential (MDR) District (LUZ2009-12003). The proposed Residential/Office/Retail (R/O/R) land use plan category for the northern portion of the subject property permits a maximum floor area ratio (FAR) of 0.40. The proposed Residential Medium (RM) land use plan category for the southern portion of the subject property permits a maximum density of 15 dwelling units per acre. The purpose of this Development Agreement is to restrict the development potential on both the northern and southern parcels to less than the maximums allowable. Parcel 1 (northern portion), based on the proposed lot area (11.637 acres) and the maximum FAR, could be developed with a maximum of 202,756 square feet of nonresidential floor area. The Development Agreement proposes a maximum of 90,000 square feet of retail sales and restaurant development floor area at a FAR of 0.178. It is noted that the Development Agreement permits a larger amount of nonresidential floor area (90,000 square feet) than that actually proposed under the companion Flexible Development application (FLD2009- 12046; 82,999 square feet), which gives some flexibility for future amendments to the Flexible Development application without needing to amend the Development Agreement. Parcel 2 (southern portion), based on the proposed lot area (18.435 acres) and the maximum density, could be developed with a maximum of 276 dwelling units. The Development Agreement proposes a maximum of 243 dwelling units at a density of 13.181 dwelling units per acre. Work Session 2010-03-15 18 On February 16, 2010, the Community Development Board (CDB) approved with 23 conditions of approval a Flexible Development application to permit 70,212 square feet of Retail Sales and Services uses and 12,787 square feet of Restaurant uses (total commercial floor area of 82,999 square feet) in the proposed Commercial (C) District for Parcel 1 (FLD2009-12046). On February 16, 2010, the Community Development Board (CDB) approved with 24 conditions of approval a Flexible Development application to permit 243 Attached Dwellings in the proposed Medium Density Residential (MDR) District for Parcel 2 (FLD2009-12045). The proposal is in compliance with the standards for development agreements and is consistent with the Comprehensive Plan. The proposed Development Agreement will be in effect for a period not to exceed five (10) years and includes the following main provisions: Is not effective until final approval and effectiveness of the amendment of the land use plan categories and rezonings under LUZ2009-12003; Sets out the Developer’s transportation obligations, including: Dedication of approximately 0.09 acre of right-of-way for an eastbound right turn only lane on S.R. 60; Construction of the Parcel 1 project driveway located on S.R. 60 across from South Main Avenue with right turn in, right turn out, and left turn in only movements; Installation of a directional median separator on S.R. 60 between South Main Avenue and the Parcel 1 project driveway such as to prohibit left turns exiting Parcel 1 and left turns exiting South Main Avenue; Construction of left turn modifications to the median of S.R. 60 located between South Main Avenue and Belcher Road; Construction of a southbound right turn only lane on Belcher Road between S.R. 60 and the Parcel 1 project entrance; Installation of a new mast arm traffic signal on Belcher Road at the Parcel 1 project entrance with pedestrian signals at all four legs of the intersection; Granting of an easement, in favor of the City, for the purpose of installation and maintenance of signal control equipment to be located at the southwest corner of the intersection of Belcher Road and the project drive/Publix entrance; and Construction of three Parcel 2 project entrance driveways on Druid Road. Work Session 2010-03-15 19 Acknowledges that Parcel 1 and Parcel 2 are independent building sites subject to access easements, allowing for separate ownership of Parcels 1 and 2; Provides for the subdivision of Parcel 1 to allow for separate ownership of individual commercial buildings without the need to amend the site plan under FLD2009-12046; and Provides for Parcel 1 to be considered as one parcel for purposes of signage, which may be permitted through a Comprehensive Sign Program. The Community Development Board reviewed and recommended approval of this Development Agreement application at its public hearing on February 16, 2010 (DVA2009-00005). In response to questions, Planner Wayne Wells said the Development Agreement is providing for less than half the retail allowed and less residential units allowed by zoning. Bus stops on Gulf to Bay Boulevard will be relocated. Traffic Operations Manager Paul Bertels said the right-turn lane in Gulf to Bay Boulevard onto Belcher Road cannot be built because the signal pole would have to be installed on an island. In response to a concern, it was stated that the traffic improvements required by the Development Agreement do not go away after 10 years. Increasing the retail space beyond what is approved in the site plan will require additional site plan approvals. 10. Legal 10.1 Approve a Traffic Enforcement Agreement between Spring Lake of Clearwater Homeowner’s Association and the City of Clearwater and authorize the appropriate officials to execute same. (consent) Section 316.640(3), Florida Statutes, authorizes municipal police departments to enforce state traffic laws on all of the streets located within its jurisdiction over which the public has the right to travel by motor vehicle. Because the streets in the Spring Lake Subdivision, located off of Keene Road in Clearwater, are privately owned by the Spring Lake Homeowner’s Association, and because the Association has the right to exclude the public from using the streets, Clearwater Police officers have no authority to enforce many of the traffic laws on the streets located in the Spring Lake Subdivision. However, the homeowners in Spring Lake Subdivision have asked the City if it would be possible to have Clearwater Police Officers enforce traffic laws on the subdivision’s streets. Section 316.006(2)(b), Florida Statutes states that "[a] municipality may exercise Work Session 2010-03-15 20 jurisdiction over any private road ... located within its boundaries if the municipality and party or parties owning or controlling such road or roads provide, by written agreement approved by the governing body of the municipality, for municipal traffic control jurisdiction over the road or roads encompassed by such agreement." Section 316.006(2)(b)1., Florida Statutes states that the agreement may include "[p]rovision for reimbursement for actual costs of traffic control and enforcement and for liability insurance and indemnification by the party or parties, and such other terms as are mutually agreeable." The City Attorney’s Office has drafted an agreement as authorized by Section 316.006(2)(b), Florida Statutes, to enable Clearwater Police Officers to enforce the traffic laws on the privately owned roads located with the Spring Lake Subdivision. The Spring Lake Home Owners’ Association will pay CPD the prevailing, extra-duty rate for any special traffic enforcement detail. If a CPD officer drives through the development on routine patrol while in the general area, there is no charge. The Association is required to obtain a liability policy in the amount of $1,000,000, naming the City as an additional insured. The Association has already obtained a quote. The Spring Lake Homeowner’s Association has approved the agreement. 11. City Manager Verbal Reports - None. 12. Other Council Action 12.1 Other Council Action Councilmember George N. Cretekos suggested that Council Comments at the end of the meeting be eliminated and that council action is limited to items brought up at work session. Discussion ensued with concerns expressed that eliminating council comments may take away opportunity to recognize organizations that may not otherwise be recognized. It was suggested that the Mayor provide closing comments on behalf of the Council. Direction was given to draft a resolution for Thursday amending the Council Rule. 13. Adjourn The meeting was adjourned at 12:08 p.m. Work Session 2010-03-15 21 14. Presentation(s) for Council Meeting 14.1 National Nutrition Month Proclamation 14.2 Parkinsons Disease Awareness Month Proclamation 14.3 Farewell to Councilmember Petersen 14.4 Oaths of Office administered to Councilmembers Work Session 2010-03-15 22