09/04/2007
CITY COUNCIL WORK SESSION MINUTES
CITY OF CLEARWATER
September 4, 2007
Present: Frank Hibbard Mayor – departed 3:42 p.m.
John Doran Vice-Mayor
Carlen Petersen Councilmember
George N. Cretekos Councilmember
Paul Gibson Councilmember
Also present: William B. Horne II City Manager
Joe Roseto Interim Assistant City Manager
Rod Irwin Assistant City Manager
Pamela K. Akin City Attorney
Cynthia E. Goudeau City Clerk
Brenda Moses Board Reporter
The Mayor called the meeting to order at 1:30 p.m. at City Hall.
To provide continuity for research, items are in agenda order although not
necessarily discussed in that order
.
The Council recessed from 1:30 to 2:36 p.m. to meet as the CRA (Community
Redevelopment Agency).
Office of Management and Budget
Approve the recommended Penny for Pinellas project list, as revised, for Fiscal Years
2007/08 through 2009/10.
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 projects as approved by the
City Council last September and the new list for Recommended Project Funding as
included in the FY 2007/08 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 three years of the current Penny for Pinellas tax include:
Druid Road Improvements - $1,250,000, Morningside Recreation Center - $2,600,000,
Recreation Trails - $760,000 and Long Center Infrastructure Improvements -
$1,050,000.
In response to questions, Budget Director Tina Wilson said any changes over
$500,000 require a public hearing. The beach garage is funded in the next Penny for
Pinellas, moving it up would require funding determination and public input. Finance
Director Margie Simmons said generally, the City does not pledge parking revenues as a
bonding source, as they do not have a good credit rating and interest rates typically are
higher.
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Financial Services
Authorize the Gas System Revenue Refunding Bonds, Series 2007 to be designated as
Qualified Tax Exempt Obligations, authorize the cash defeasance of certain outstanding
Gas Revenue Bonds, Series 1998 in the amount of $4,165,000, and adopt Resolution
07-23.
The Gas Revenue Bonds, Series 1998 maturing after September 1, 2007 are
eligible for redemption on or after September 1, 2007 in whole at any time or in part on
any interest payment date (March 1 and Sept 1) subsequent to September 1, 2007.
Resolution 07-15, previously adopted by the Council, authorized issuance of Gas
System Refunding Bonds, Series 2007 to refund the Gas Revenue Bonds, Series 1998.
Current market interest rates have not yet reached a point where the net present value
savings is sufficient to warrant refunding. Refunding potential will continue to be
evaluated should interest rates drop.
In the meantime, the Gas System has reviewed it’s future cash needs and has
determined that it has excess cash available in capital projects funds due to the
slowdown in the housing construction market. In order to redeem a portion of these
1998 Bonds (maturing in 2019 – 2023), a transfer of funds from the CIP fund in the
amount of $4,165,000 to the Gas operating fund 423 is required. Funds will come from
project 315-96365 (line relocation maintenance Pinellas) in the amount of $665,000;
project 315-96377 (new mains and services in Pinellas) in the amount of $500,000, and
project 315-96378 (new mains and services in Pasco) in the amount of $3,000,000.
These projects will not be adversely affected due to the current slowdown in housing
construction. These funds will subsequently be transferred to the debt service fund at
the time the bonds are redeemed.
A first quarter budget amendment will be processed to transfer these funds from
the CIP Fund to the Gas Fund and then to the Debt Service Fund for the redemption of
the 1998 Bonds.
Due to the reduced amount of bonds to be issued (now estimated at $3.71 million
after the $4.165 million cash is used), the City is able to designate these bonds as
Qualified Tax Exempt Obligations. Qualified bonds carry a lower interest rate allowing
the City to realize additional savings. The City is only able to designate bonds as
qualified if the total debt issued in a calendar year is less than $10 million. The only
other debt issued by or expected to the issued by the City in 2007 is approximately $3.8
million in lease purchase debt plus this bond issue of $3.71 million for a total of $7.51
million.
This resolution updates the previous resolution by authorizing $4.165 million of
cash to defease a portion of the 1998 bonds and authorizing the designation of the 2007
Bonds as qualified.
It is the Gas System’s intention to use the interest savings from the 1998 cash
redemption to shorten the duration the remaining 1998 bonds when and if the refunding
occurs.
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In response to a question, Finance Director Margie Simmons said present value
savings lowers debt service over the course of time. Therefore, although the interest
rate is lower, there is no cash refund.
Parks and Recreation
Approve establishing a new Capital Improvements Project (CIP 315-93265) entitled
Clearwater Beach Library/Recreation Center Renovations, for a total budget of $490,000
and approve the transfer of $390,000 of unappropriated retained earnings of the general
fund at third quarter. (consent)
During the 2007/08 budget discussions and with input from citizens, the City
Council directed staff to consolidate the operations of the Beach Library and the
Clearwater Beach Recreation Center into one facility.
The Beach Library’s lease at “Pelican Walk” expires at the end of September and
staff is working to develop a plan to temporarily house the library in a trailer at the
Recreation Center site at 69 Bay Esplanade until the permanent renovations inside the
center can be made.
In order for staff to begin the renovation process a new Capital Improvement
Project (CIP 315-93265) and funding needs to be approved.
Staff is recommending that the total budget for the project be a maximum of
$490,000. There is a limit of $390,000 that can be used for the building construction due
to FEMA regulations. The remaining $100,000 will be used to pay for all other items not
associated with the building construction which could include landscaping, parking lot
improvements, stormwater improvements, rental of temporary trailer, furnishings for the
permanent library space, etc. The $100,000 will be reimbursed from a library grant from
the Pinellas Public Library Cooperative. The $390,000 to be funded from
unappropriated retained earnings of the general fund at third quarter.
A Design Committee has been formed to include two residents from the
Clearwater Beach Association.
Design is anticipated to be completed by October 31, 2007; the project awarded
in December 2007; and construction to be completed by May 1, 2008. Parks and
Recreation will own the facility and be responsible for maintaining it. No additional FTEs
will be required to operate this facility.
Concerns were expressed that a decision should wait until budget decisions are
made. In response to questions, Parks & Recreation Director Kevin Dunbar said the
design fee is less than $30,000. Rental revenues are approximately $60,000 - $65,000
a year, or $60 to $75 per hour. Rental rates are reviewed annually.
Approve a new Capital Improvement Project (CIP 315-93257) entitled Joe DiMaggio
Sports Complex Field House Demolition/Renovation; approve the transfer of $150,000 of
unappropriated retained earnings of the general fund and $146,000 of operating savings
in the Parks and Recreation operating budget at third quarter for a total budget of
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$296,000; approve a contract (07-0003-PR) to Sonny Glasbrenner of Clearwater, Florida
for the demolition of the field house for the sum of $169,345 and approve a change order
deduct in the amount of $41,140 for a net contract amount of $128,205 and authorize
the appropriate officials to execute same. (consent)
Joe DiMaggio Complex Field House, 2450 Drew Street, Clearwater, Florida was
constructed by St. Petersburg College (SPC) in 1960. In early 2000 the College did not
use the field house as originally designed and became interested in partnering with the
City for the operation of the field house and surrounding fields. The City and Clearwater
For Youth developed the fields on the property with the City providing all grounds
maintenance.
The City operated the field house as a recreation center for approximately 3
years but due to other priorities moved resources and closed the center in 2004. The
City purchased the field house and a total of just over 5 acres from the College in 2004.
This facility is now over 50 years old and expensive repairs are needed in order to
continue operating the facility. The demolition of the building will allow the City the
opportunity to put the area to better use.
The Engineer’s estimate of probable cost for the demolition contract was
$150,000 and 11 competitive bids were received. All required asbestos surveys and
environmental audits have been completed. Asbestos was found in the roofing and will
be removed as part of this contract. In addition, a change order deduct is being
recommended to remove the sodding of the areas disturbed.
Staff will sprig the area at a later time with Bermuda grass to provide athletic field
reuse at the conclusion of this project. Staff is recommending funding for this project
come from unappropriated retained earnings of the general fund in an amount of
$150,000 and $146,000 of operating savings in the Parks and Recreation operating
budget that will be transferred from various operating codes at third quarter into a new
CIP project, Joe DiMaggio Sports Complex Demolition/Renovation, 315-93257.
This project will start as soon as possible after award and execution of contract,
and is scheduled to be completed within 60 calendar days. Upon completion of all
demolition activities the remaining funds in the project will be used for staff and others to
grade, irrigate, sprig and fence the site for use as additional sports fields. No additional
operating costs will be required as the fields will not be lighted and staff is available and
currently on site maintaining this property.
In response to questions, Mr. Dunbar said ten additional fields are needed to
meet demands. Use of fields by residents and non-residents is 50:50.
Discussion ensued. In response to a concern that the City is subsidizing non-
resident use of recreation fields, it was stated that non-resident fees are reviewed
annually and based on a formula created by Council. Non-resident fees are higher.
Approve establishing a new Capital Improvements Project (CIP 315-93283) entitled
Countryside Recreation Center Basketball Court Refurbishment, and approve the
transfer of $70,000 of operating funds from the Parks and Recreation Department
budget at third quarter. (consent)
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The Countryside Recreation Center was constructed in the early 1990’s and due
to the lack of adequate funding several items including the reduction in the size of the
center and elimination of a wood basketball court were eliminated. In May 2001, a
3,400 square-foot addition was completed at the recreation center to include additional
programming/meeting space, restrooms and storage on the North side of the building.
The basketball court is currently linoleum but due to wear and tear over the past 15
years and the need to have a safer and easier surface to maintain, staff is
recommending the replacement of the floor with a new rubberized surface known as
“Wood Flex” (6.7 millimeter, color maple). The new surface looks like wood and has a
cushioned surface that will reduce injury to the participants. It also requires less
maintenance and upkeep. Staff is recommending that $70,000 of surplus operating
funds from the FY 2006-07 budget be transferred at third quarter to create a new capital
improvement project 315-93283 to resurface the basketball court.
In response to a question, Mr. Dunbar said the wood flex flooring has a 10-year
warranty with a useful life of 15 years. He said a part-time custodian position may be
eliminated.
Engineering
Adopt a City Council policy regarding Roadside Memorials
This policy provides a mechanism whereby residents that have lost loved ones in
traffic accidents, bicycle accidents or pedestrian accidents can memorialize the loved
one for a specified time. The time period is 60 days in residential areas and one year in
non-residential. The memorials will be designed, installed and maintained by Clearwater
Traffic Operations. The cost to the applicant will be $300.
Requests for memorials to be placed in residential areas must include written
permission from the resident whose property is abutting the right-of-way where the
memorial is to be placed. This policy will be consistent in most details with the Pinellas
County policy and FDOT policy.
In response to questions, Engineering Director Mike Quillen said the intent of this
item was to address all types of pedestrian accidents such as rollerbladers,
skateboarders, etc. Traffic Operations Manager Paul Bertels said if a resident opposed
the memorials, they cannot be installed. No permission is required if installed in a
median.
Approve a Work Order in the amount of $837,072.00 to McKim and Creed, P.A. (EOR),
to provide professional engineering services for the design, permitting and bidding for
Skycrest Reclaimed Water Project (07-0013-UT), and that the appropriate officials be
authorized to execute the same. (consent)
The City of Clearwater is expanding its reclaimed water system to serve its
residents with water for irrigation and other non-potable uses as outlined in the 2007
Reclaimed Water (RCW) Master Plan Re-Evaluation dated May 2007. The next
proposed project area for development has been identified as the Skycrest
neighborhood, located south of Overlea Street to Gulf to Bay (SR 60), and west of
Belcher Road to Saturn Avenue.
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There are two (2) design projects contained within the Skycrest Reclaimed Water
Project (L695). The first portion of this project includes the design, permitting and
bidding of a new RCW storage tank and pump station to be centrally located within the
City to enable the RCW system to meet peak demands. The second portion includes
the design, permitting and bidding of approximately 17,300 linear feet of transmission
piping and 52,500 linear feet of distribution piping.
The RCW system is to be served by a new interconnect transmission system,
which will connect the City’s eastern RCW system to its western RCW system. As such,
the system will also interconnect the City’s three wastewater treatment plants, thus
increasing the ability to move RCW to areas of high demand and dispose of plant
effluent.
There are approximately 700 single-family residential customers in the Project’s
distribution service area. Nearly 500 residential irrigation customers are anticipated to
connect to the system, and of those, 450 customers are using potable water. It is
estimated this will save 0.17 mgd (million gallons per day) of potable quality water.
Eight commercial customers including Clearwater Golf Park and David Martin
Baseball Complex are also anticipated to connect. In addition to the Skycrest portions of
the project, this project also includes minor distribution piping around the City such as
Countryside High School and to cooling towers at the Pinellas County Government
Complexes in Clearwater. The remaining commercial customers are churches,
commercial properties, common areas and others within the Skycrest service area. It is
estimated that these commercial customers will save more than 0.06 mgd of potable
quality water.
Design and permitting for the new RCW storage tank and pump station is
estimated to start in September 2007 and finish in September 2008. It is anticipated that
this project will be sent out for bid in October 2008.
Design and permitting for the new RCW transmission and distribution piping is
estimated to start in November 2007 and finish in January 2009. It is anticipated that
this project will be sent out for bid in February 2009.
There are sufficient budgets and revenues in the Capital Improvement Program
project 0315-96739, Reclaimed Water, in the amount of $675,940.13 and Utility R&R
Program project 0327-96739, Reclaimed Water, in the amount of $161,131.87 to fund
this work order.
In response to questions, Engineering Manager Rob Fahey said the service
areas are broken into sections and must be approved by SWFWMD (Southwest Florida
Water Management District). A 50 percent commitment from residents is required. The
remainder of Skycrest will be served in the future. The public will have another
opportunity for input regarding the location of the storage tank.
Planning
Approve an amendment to an adopted Development Agreement between The
Sandpearl Resort, LLC (formerly known as CBR Development I, LLC) and The
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Residences at Sandpearl Resort, LLC (formerly known as CBR Development II, LLC)
and the City of Clearwater (previously DVA2004-00005 approved by City Council on
January 20, 2005) relating to the provision of a 42-slip marina dock in conjunction with
the Sandpearl Resort project (39 wet slips and three day slips, of which 15 slips will be
for public usage and 27 slips will be leased to the Sandpearl Resort) in the submerged
lands adjacent to the Clearwater Beach Recreation Center (69 Bay Esplanade)and
adopt Resolution 07-17. (DVA2007-0002)
The existing properties total 9.77 acres (hotel site 7.36 acres [3.69 acres zoned
Tourist District; 3.67 acres zoned Open Space/Recreation District; residential site 2.41
acres) and is located on the west side of Mandalay Avenue between San Marco and
Ambler Streets.
On July 17, 2007, the Community Development Board approved, with 12
conditions, a Flexible Development application to permit in the submerged lands
adjacent to the Clearwater Beach Recreation Center a 42-slip marina dock in
conjunction with the Sandpearl Resort project (39 wet slips and three day slips, of which
15 slips will be for public usage and 27 slips will be leased to the Sandpearl Resort) of
11,343 square feet with a deviation to allow the docks and tie poles to exceed the 25
percent of the width of the waterway and a reduction to required parking from 24 to zero
spaces, for property located at 69 Bay Esplanade (FLD2007-02003).
The proposed Development Agreement sets forth public/private obligations. The
City recognizes the economic and aesthetic benefits that will result from private
development. The Development Agreement provides a five-year term for the lease, with
the City’s option for five successive renewal terms of five years each and includes the
following main provisions:
Revises and replaces Section 5.03(10) of the Development Agreement, due to
the change in ownership of the submerged land where the boat docks are proposed.
Previously, the Development Agreement assumed State ownership of the submerged
land, requiring a sovereignty submerged land lease from the State of Florida. Both the
adopted Development Agreement and the proposed amendment provides for: 1) The
developer to pursue, at the developer’s expense, permits to construct the docks; 2) an
agreement between the City and the developer to permit the developer to construct the
boat docks, at the developer’s sole expense, and lease a revised number of slips (27)
from the City, with the remaining revised number of slips (15) to be utilized by the City.
These number of slips to be leased to the developer is a maximum 67% of the total
number of slips; 3) the developer to pay all maintenance and repair costs; 4) the use of
the boat slips leased by the developer be limited to owners, tenants and guests of the
Sandpearl project; 5) the developer to provide a shuttle service from Sandpearl to the
boat docks; and 6) the assignment of leases for the boat slips to project owners.
The amended Development Agreement includes the following: 1) the use of the
boat slips leased by the developer be expanded to include Beach Club members and
other owners and tenants that own or lease residences within the geographical area
bordered on the west by the Gulf of Mexico, on the east by Clearwater Bay, on the north
by Rockaway Street and on the south by Papaya Street; and 2) the assignment of
leases for the boat slips to also include Beach Club members and other owners and
tenants that own or lease residences within the geographical area bordered on the west
Council Work Session 2007-09-04 7
by the Gulf of Mexico, on the east by Clearwater Bay, on the north by Rockaway Street
and on the south by Papaya Street.
Replaces Exhibit N (boat docking facilities site plan), based on the site plan
submitted under FLD2007-02003, which reduces the total number of slips from 57 to 42
slips and reduces the actual percentage of slips leased to Sandpearl to 64.3 percent (27
slips).
Replaces Exhibit N-1, which provides for the lease agreement provisions,
including the following (many provisions are the same or are similar under both the
adopted Development Agreement and the proposed amended Development
Agreement): 1) the scope of the project with the number of slips to be constructed; 2) the
hours of operation of the City controlled slips (5 am to midnight); 3) the ability to operate
a fireboat or other boats operated by the City or governmental agencies for public
purposes; 4) the ability to install gates or other access controls; 5) the restriction to
utilize only low profile pilings and/or tie poles, the disallowance of any covered boat slips,
the disallowance of any boat lifts in 40-foot or larger slips, a restriction as to the number
of slips allowing boat lifts (no more than 13 or 50 percent of the slips if less than 27 slips)
and the disallowance of refueling of any vessels; 6) the ability to install water and electric
lines to both developer controlled and City slips, including lighting; 7) the developer to
provide and pay for all maintenance and repair costs; 8) the use of the developer boats
slips by owners, tenants and guests of the Sandpearl project, as well as Beach Club
members and other owners and tenants that own or lease residences within the
geographical area bordered on the west by the Gulf of Mexico, on the east by
Clearwater Bay, on the north by Rockaway Street and on the south by Papaya Street; 9)
the provision of a shuttle service from Sandpearl to the boat slips; 10) the assignment of
a Sandpearl employee to respond to problems at the boat docks on a 24 hour/ 7 day per
week basis, but does not require on-site security; 11) the developer to prepare and
submit for approval for all permits and to bear all costs to prepare such applications and
all permit and regulatory fees or charges; 12) sets out the annual rental to the City of the
developer’s leased area; 13) provides for the City share of common expenses and sets a
cap to the amount of the City’s share of the common expenses; 14) provides for
commencement of construction within one year of receiving all permits; 15) provides for
a five-year term for the lease, with the City’s option for five successive renewal terms of
five years each; and 16) provides for City ownership of the docks at the end of the all
lease and renewal options, or the ability for the City to pay a cost for the design,
permitting and construction of the docks for City use for all slips at any lease renewal
period.
The Community Development Board (CDB) reviewed this Development
Agreement at its public hearing on July 17, 2007, and unanimously recommended
approval. The Development Agreement has been amended since the CDB meeting to
reflect a need to define “low profile pilings and/or tie poles,” which was discussed by the
CDB.
Discussion ensued regarding the hours of operation for the public docks. Marine
and Aviation Director Bill Morris said that an ordinance regarding hours of operation for
public docks will be brought forward later. In response to a question, Mr. Morris said he
has not received many complaints regarding noise at 24-hour docks; police assistance
has not been required.
Council Work Session 2007-09-04 8
In response to questions, City Attorney Pam Akin said the developer is
responsible for maintenance of the docks. They will receive a credit against the rent
paid to the City for a proportionate share of expenses based on the number of slips. The
credit shall not exceed the lease payment and there will be no out of pocket expenses to
the City. Sandpearl residents must use a shuttle to get to their docks, and cannot use
the public parking. Police Chief Sid Klein said officers do not routinely walk docks.
However, if a complaint is received, officers can enter a boat if there is probable cause.
City Manager Verbal Reports
Clearwater Beach Clean up - Kevin Dunbar
Mr. Dunbar provided a PowerPoint presentation regarding beach cleaning of
public access areas. In response to questions, he said FDEP (Florida Department of
Environmental Protection) does not permit the City to push seaweed back into the water.
The Blue Flag Award is a clean beach award. He recommended having three beach
rakes so that two can be routinely operated and the third on hand for extraordinary
circumstances.
Council Discussion Items
Provide direction re scheduling items for Council discussion – to be discussed at Council
meeting.
Brighthouse Networks’ Public Access Channel
Public Communications Director Doug Matthews said the City has been given
120 days’ notice that Brighthouse Networks is moving Channel 15 to a higher channel
on the lowest basic digital tier on their digital service. There is a potential that for the
next 18 months, that citizens without digital converter boxes will not receive C-view
broadcasts. Staff will meet with Brighthouse on Thursday.
Adjourn
The meeting adjourned at 5:27 p.m.
Council Work Session 2007-09-04 9