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05/17/2010 CITY COUNCILWORKSESSION MINUTES CITY OF CLEARWATER May 17, 2010 Present: Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N. Cretekos, Councilmember Paul Gibson, 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. The meeting was called to order at 9:00 a.m. at City Hall. 1. Presentations 1.1 Service Awards Seven service awards were presented to city employees. The May 2010 Employee of the Month Award was presented to Laura Cameron, Public Utilities. The Bi-monthly Team Award fro May/June 2010 was presented to the Firehouse Software Implementation Team: Chris Trauner, Jason Herman and Karen Farnham. The Council recessed from 9:12 a.m. to 9:13 a.m. to meet as the Pension Trustees. 2. Marine and Aviation 2.1 Approve a conditional assignment of lease from Civil Air Patrol SER FL153, an auxiliary of the United States Air Force, at the Clearwater Airpark, 1000 N. Hercules Avenue, Clearwater, to Civil Air Patrol in general and authorize the appropriate officials to execute same. (consent) The Civil Air Patrol (CAP) is a volunteer organization and the official auxiliary to the US Air Force. The Civil Air Patrol SER FL153 has disbanded and been Council Work Session 2010-05-17 1 replaced with SER FL447. The CAP has asked not to designate a specific unit as they are all under the Civil Air Patrol umbrella. The current three year lease agreement with CAP SER FL153 terminates December 31, 2010. The CAP SER FL447 wishes to continue operating from their trailer on a slab at airpark property adjacent to the parking area under the remainder of the lease term, and renew once it expires. The future plans for the airpark call for a new airpark office/support building. The new structure, approximately 6,000 square feet, has about 3 times the size of the former building and has enough joint use meeting and training space to accommodate the CAP. They will be required to remove the trailer when construction of the new airpark office/support building construction begins, at no cost to the City. The CAP pays its own utilities and provides volunteer labor and supervision for airpark open houses and airpark beautification projects. 3. Parks and Recreation 3.1 Approve a three-year Partnership and Operational Support Agreement from May 1, 2010 April 30, 2013, between the City of Clearwater and the North Greenwood Community Coalition (NGCC), a non-profit 501C-3 organization, for the use and supervision of the Holt Avenue Youth Center located at 1250 Holt Avenue and authorize the appropriate officials to execute same. (consent) In October 2004 and October 2007, the City Council approved an agreement with the Bethany Education and Human Services Program, Inc. (Agency) for the use of the Holt Avenue Youth Center to provide youth programming and services. The agency did not renew the agreement at the end of the second term. Since that time, the building has been abandoned and not used by any other group. Staff was preparing to demolish the building since budgets to support this building ended with the agreement in October 2007. Staff is still of the opinion that if this agreement is not approved and the building is not used for other city purposes that the building be demolished. NGCC approached the city about using the building under the same terms and conditions that the Agency previously negotiated with the city. This agreement will allow for the NGCC to offer educational and cultural programs for the benefit of neighborhood and Clearwater area youth and adults. Some of the core programs include academic enhancement activities, computer technical skills programs, student self-esteem programs, cultural enrichment programs and substance abuse prevention services. NGCC will 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; and provide an annual audit and management letter. Council Work Session 2010-05-17 2 NGCC is 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 all other interior and exterior building maintenance. The City will provide no funding or other in-kind services under this agreement with the exception of providing lawn and landscape maintenance for all areas around the Center. 3.2 Award a contract to Certus Builders, Inc. of Tampa, Florida, Bid 08-0064-PR, for the construction of a new restroom building at Mandalay Park, which includes alternates 1, 2, 3, 5 and 6 and a 10% contingency, for the sum of $150,191.80 and authorize the appropriate officials to execute same. (consent) For the past 20 years the City has provided public restrooms in 5 locations on Clearwater Beach. Portalet type facilities are located in small wood framed buildings at the far southern end of Beach Walk, near the Life Guard building, at Pier 60 Park and Mandalay Park. In addition, there is a public restroom in the concession building on south beach. These restrooms are heavily used and have become difficult to maintain and keep in a presentable fashion. A capital improvement project was approved several years ago to repair or replace the existing 6-pack type restrooms. This contract is to replace the 6-pack type restroom located in Mandalay Park by constructing a new 800 square feet building with men’s and women’s restrooms. Alternates 1, 2, 3, 5 and 6 allow the contractor to construct the building with a barrel vault aluminum tile roof, silikap epoxy floor finish, gutters, restroom clean outs and 6-inch storm sewer line. With out these alternates the restroom would have a galvalum metal roof, concrete floor, no gutters and the clean outs and storm sewer line would have to be constructed by others or in house. The existing 6-pack type restroom will be available to the public until the new one is opened, at which time it will be demolished and removed from the park. The new restroom will blend in well with its park surroundings and be a much more aesthetically pleasing building than the existing 6-pack type restroom. Funding for this project will come from existing CIP 315- 93273. The restrooms at Pier 60 Park and by the Life Guard building will be demolished and replaced by an expanded restroom at Pier 60. Construction of this new facility will not be completed for at least 18 to 24 months or until the new lease for the operations of Pier 60 concessions can be negotiated. Staff hopes to require that the operator of Pier 60 concessions be responsible for the maintenance and supervision of the expanded public restrooms. The restroom to the far south of Beach Walk is in a velocity zone and we will not be able to construct a new restroom on the sight. Therefore, the restroom has Council Work Session 2010-05-17 3 been renovated at its current location. In response to a question, Parks and Recreation Director Kevin Dunbar said there are no restrooms in city park facilities where there is no staff. 4. Solid Waste/General Support Services 4.Award a contract to Honeywell Building Solutions of Orlando, FL for the installation 1 and service of energy saving equipment in various City owned buildings at a cost of $3,498,000 in accordance with Sec. 2.56(1)(d), Code of Ordinances Other governmental bid and authorize the appropriate officials to execute same; establish Project 315-94527 (Honeywell Performance Contract) and authorize transfer of $808,592 from General Fund Reserves and $205,746 from Garage Fund Reserves to the project and the transfer of $700,000 from Special Development Fund Penny for Pinellas Reserves to 315-94524 (Long Center Major Infrastructure Improvements). (consent) The contract and purchase of this equipment is based on the State of Florida Energy Savings Contract 973-320-08-1. Audits were conducted on the following facilities to determine the potential savings based on replacement of more efficient lighting, air conditioning systems, automation of climate controls and recreation center pool equipment. The descriptions of the scope of work are: High Efficiency Lighting Upgrades – the light fixtures and ballast will be replaced to accommodate high efficiency fluorescent bulbs. If the fixtures have recently been replaced then the bulbs will be replaced after the fixtures are cleaned and the ballasts are properly tested. Occupancy sensors will be installed in certain areas to control the light when the room is not occupied. New 365 day time clocks will be installed to control outside lighting through proper programming. Buildings where is will be done are: Gas Division Administration, Gas Meter shop, Gas Sales Office, MSB, General Services – Fleet Maintenance, General Services – Building and Maintenance Shops, City Hall, Main Library, Long Center Aquatic center, Main Police Station, Countryside Police Station, Beach Police sub station, North Greenwood Library, Beach Library, Public Services Bldg. B,Public Services Traffic Shop – E, Solid Waste Transfer Station and Scale House and Garden Avenue Parking Garage High Efficiency HVAC Upgrades – The equipment will be replaced with new, highly efficient equipment as noted and will be capable of achieving the savings listed in the performance contract. Duct cleaning in the UPARC building will be conducted and filtration system installed. The upgrades will be: Gas Division Administrative building – Replace 60 Ton air cooled chiller; City Hall – Replace two dual duct air handlers; Long Center UPARC – Replace 10 roof mounted units with high efficiency Council Work Session 2010-05-17 4 electric cool, gas heat units; Long Center Gymnasium – Install new duct sox system and motorized outside air dampers; Public Services – Bldg E – Replace (2) 7.5 ton units; Transfer Station Scale House – Replace a 2 ton unit with electric heat. HVAC Control Automation Upgrade- Installation of a building manager program in each building noted below that will give control of every thermostat to one centralized location to maintain constant temperatures throughout the City. This program is web based and can be viewed by anyone on the City network that has approval to view. The locations currently under our control will be added to the network system. Each thermostat will have a graphic display that illustrates the activity of the units. The main control point for the system will be located at General Services. The thermostats in the following buildings will be replaced: Long Center, Gas Division Administrative building, Gas Service Warehouse, Beach Police sub station, Countryside Police Impound Lot, Public Services bldg A, Public Services bldg E and Solid Waste Transfer Station Office. Pool Upgrade Hi-Efficiency Motors – Upgrade the pump motors at the Long Center pool to premium efficiency motors and install turbine flow meter in return line. Also, variable frequency drives will be installed to manage the pump activity during high demand and reduce operation during low demand to save energy. Long Center Roof – This project covers the installation of silicone roof coating over polyurethane foam to existing roof after installation of the new roof mount air conditioning systems. This contract provides for a guaranteed energy savings on a yearly basis for the term of the agreement. This agreement will be in effect for 15 years. The first year energy savings is $198,644 and the total savings over the term period is $4,217,851. Each year an audit will be performed to determine the actual expenses incurred as compared to the established baseline and if the savings are lower than the guaranteed amount then Honeywell will pay us the difference. If the savings is greater, we will keep the added savings. Breakdown by funding source and project is as follows: 181- Stimulus – Energy Grant Funds $463,400 99859 EfficiencyRetrofit Honeywell Performance General Fund $808,592 315-94527 Reserves Contract $700,000 Long Center Major Infra. Penny for Pinellas 315-94524 Improvements Aging Well Project $900,000 315-93615 Aging Well Center (Penny) Council Work Session 2010-05-17 5 Gas Gas Building Fund $348,335 315-96384 Renovations Parking Garage Parking Fund $25,947 315-92632 Structure Repair Water and Sewer $5,943 327-96523 Public Utilities Fund Solid Waste $28,593 315-96426 Facility R and R Fund $205,746 Honeywell Performance Garage Fund Reserves 315-94527 Contract General Services $11,444 565-06531 Operating Funds Fund $3,498,000 In response to a question, the City Attorney said Councilmember Bill Jonson did not need to recuse himself. 5. Engineering 5.1 Ratify and Confirm Emergency Change Order Two in the amount of $85,481.44 for emergency restoration of the railroad crossings at Drew Street, Laura Street, Park Street, Pierce Street and East Avenue from Park Street to Laura Street. (consent) Emergency Change Order Two is to cover the restoration of the railroad crossings at Drew Street, Laura Street, Park Street, Pierce Street and the segment of East Avenue’s northbound lane from Park Street to Cleveland Street and Cleveland Street to Laura Street. This work was necessitated by the fact there was little warning from CSX Transportation that they were going to replace all the railroad ties from St. Petersburg to Tampa along this line. This notice did not provide adequate time to budget for this expense. All railroad crossing restoration is up to the local government jurisdiction, dependent upon whether they deem the crossings necessary to the public benefit. A midyear amendment will transfer $85,481.44 of Road Millage from Capital Improvement Program (CIP) project 0315-92273, Streets and Sidewalks to CIP Council Work Session 2010-05-17 6 0315-92343, East Ave Trail to fund the Change Order. In response to questions, Traffic Operations Manager Paul Bertels said the East Trail Project is on hold until the railroad crossing renovations are completed. Court Street will be closed for a week to 10 days and then continue to Chestnut Street. The project entails replacing the wooden ties. The estimated cost for a rubberized crossing is $250,000; compared to concrete at $500,000. Concerns were expressed regarding the anticipated timeframe and projected costs. There was consensus for the Mayor to contact Florida DOT District Secretary Donald Skelton to discuss concerns. 5.2 Approve the Supplemental Engineering Design Services Work Order to King Engineering Associates, Inc., Engineer of Record(EOR), in the amount of $98,616.00 for the Marshall Street Water Reclamation Facility Sand Filter Rehabilitation Project (09-0045-UT)and authorize the appropriate officials to execute same. (consent) The Marshall Street Water Reclamation Facility (WRF) utilizes twelve (12) Siemens Zimpro Hydro-Clear rapid sand filters to reduce the total suspended solids (TSS) in the secondary clarifier effluent prior to discharge to Stevenson’s Creek. The chlorinated effluent meets the requirements for public access reuse and therefore is used for in-plant service water purposes and for supply to the city’s reuse system. The filters were first installed during a 1988 upgrade to the WRF and, over time, several deficiencies developed that reduced the efficiency and reliability of the filters, including uneven flow distribution between and within the filters, leaking valves and weirs, corroded steel members and lost media. The original work order was approved by the City Manager on September 24, 2009 in the amount of $38,461.00. The work order authorized King Engineering to evaluate the Marshall Street WRF filters to determine extent of necessary repairs and associated costs. In December 2009, King issued its report and recommended that filter improvements be made. The supplemental work order is for design of these recommended improvements. The original and supplemental work orders total $137,077.00. The design phase is anticipated to be complete by September 30, 2010, with the construction phase scheduled for completion by December 31, 2011. The Public Utilities Department shall own and maintain the proposed improvements included in this design Work Order. Council Work Session 2010-05-17 7 Sufficient 2009 Water and Sewer Bond proceeds are available in 0376-96664, WPC R and R, in the amount of $98,616.00 to fund this Work Order. 5.3 Approve the applicants request to vacate alleys and portions of the street rights- of-ways of Virginia Avenue, Eastwood Drive, Meadowlark Lane, Kentucky Avenue and Bay Street (aka 110 North McMullen Booth Road)as more particularly described in the ordinance and approve Ordinance 8169-10 on first reading, (VAC2010-10 First Baptist Church of Clearwater, Inc.). The applicant, First Baptist Church of Clearwater, Inc. and Calvary Baptist Church is seeking the vacation in order to permit future expansion of church facilities on the adjacent properties now owned by the Church. Bright House, Verizon, Progress Energy and Knology have no objections to the vacation request. The City presently owns and maintains sanitary sewer, storm sewer and potable water utilities in the rights-of-way proposed to be vacated. The applicant will assume ownership and maintenance responsibilities for the existing sanitary and storm sewers present in the area proposed to be vacated. The City will retain ownership of all unrestricted water mains via a 10-foot easement to be retained pursuant to Ordinance 8169-10Fire Department access will be retained for all remaining structures on the applicant’s properties via the existing roadways until such time as the property is redeveloped. The Engineering Department has no objections to the vacation request provided that the 10-foot water main easement is retained over all existing city water mains in the street portions proposed to be vacated. Staff requested the item be continued to June 3, 2010. 6. Planning 6.1 Approve the Annexation, Initial Land Use Plan Designation of Residential/Office/Retail (R/O/R) and Initial Zoning Atlas Designation of Medium Density Residential (MDR) District for 2552 Arbelia Street (A Portion of Lot 9, Blackburns Subdivision in Section 6, Township 29 South, Range 16 East); and pass Ordinances 8163-10, 8164-10 and 8165-10 on first reading.(ANX2010- 02002) This voluntary annexation petition involves a 0.27-acre property consisting of one parcel of land occupied by a single-family dwelling. It is located on the north side of Arbelia Street and the east side of Lawson Road, approximately 435 feet west of US Highway 19 North. The applicant is requesting this annexation in order to receive sanitary sewer and solid waste service from the City. The property is contiguous to existing City boundaries to the north and west. It is proposed that Council Work Session 2010-05-17 8 the property be assigned a Future Land Use Plan designation of Residential/Office/Retail (R/O/R) and a zoning category of Medium Density Residential (MDR). 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 Lawson Road right-of-way. 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 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 48 located at 1700 N. Belcher 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 objectives and policy 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 R/O/R Future Land Use Plan category is consistent with the current Countywide Plan designation of this property. This designation primarily permits retail, office and residential uses at a density of 18 units per acre. The proposed zoning district to be assigned to the property is the Medium Density Residential (MDR) District. The use of the subject property is consistent with the uses allowed in the District and the property exceeds the District’s minimum dimensional 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 north and west; therefore the annexation is consistent with Florida Statutes Chapter 171.044. Council Work Session 2010-05-17 9 6.2 Approve the Annexation, Initial Land Use Plan Designation of Commercial General (CG) and Initial Zoning Atlas Designation of Commercial (C) District for 1335 and 1337 S. Missouri Avenue (Lots 6 and 7, Missouri Heights Subdivision in Section 22, Township 29 South, Range 15 East); and pass Ordinances 8171-10, 8172-10 and 8173-10 on first reading. This voluntary annexation petition involves two parcels with a recorded Declaration of Unity of Title consisting of 0.292 acres. The subject property is occupied by two commercial buildings currently undergoing major renovations to accommodate office use. The subject property is located on the east side of S. Missouri Avenue, approximately 390 feet south of Lakeview Road. The applicant is requesting an annexation in order to receive City of Clearwater sanitary sewer service. The applicant currently receives city solid waste services. The Planning Department is requesting that the 0.16 acres of abutting S. Missouri Avenue right- of-way not currently within the city limits also be annexed. The subject property is contiguous to existing city boundaries to the west, south and east. It is proposed that the subject property be assigned a Future Land Use Plan designation of Commercial General (CG) and a zoning category of Commercial (C). The Planning Department determined that the proposed annexation is consistent with the provisions of Community Development Code Section 4-604.E as follows: The subject property currently receives city water service. The closest sanitary sewer line is located in the S. Missouri Avenue right-of-way. 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 the subject property. Solid waste service is currently provided by the City. The subject 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 the subject property by Station 47 located at 1460 Lakeview Road. The City has adequate capacity to serve the subject 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. Council Work Session 2010-05-17 10 The proposed designation of the CG Future Land Use Plan category to the subject property is consistent with the Countywide Plan designation. The CG designation primarily permits office, retail, personal service, overnight accommodations, wholesale and warehouse uses at maximum floor area ratio of 0.55. The proposed designation of the Commercial (C) zoning district to the subject property is consistent with office use of the two buildings on-site. Major site and building renovations permitted by Pinellas County were based on review and input from Clearwater’s Planning & Development Department to ensure conformity with Clearwater Community Development Code standards and requirements. Although the property will be nonconforming to Clearwater Code requirements for setbacks, landscape buffers and the number of parking spaces upon annexation, the site modifications would have been allowed in the C District through a Level Two Flexible Development application. Based on the foregoing, the proposed annexation is consistent with the Countywide Plan and the City’s Comprehensive Plan and Community Development Code; and The property proposed for annexation is contiguous to existing City boundaries to the west, south and east; therefore, the annexation is consistent with Florida Statutes Chapter 171.044. 6.3 Approve amendments to Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines, establishing standards to reduce building massing along Coronado Drive for overnight accommodations using the Hotel Density Reserve; and pass Ordinance 8157-10 on first reading. In 2008, the City of Clearwater established the Hotel Density Reserve in Beach by Design to incentivize hotel development on Clearwater Beach. In October 2009, the City Council expressed concerns about the probable use of the Hotel Density Reserve by properties along Coronado Drive and the potential to create a canyon effect. Council requested Planning and Development Department staff to study potential hotel development along Coronado Drive to determine if design standards should be established to create view corridors and minimize building bulk and massing. The study indicated that standards for building stepbacks would reduce massing of future buildings on Coronado Drive; however, parcel configurations along the street would preclude the creation of meaningful view corridors. Based on the study recommendations, the Planning and Development Department recommends the following standards be incorporated into Beach by Design: For buildings providing the established minimum front setback of 15 feet, the minimum depth of building stepbacks shall be 15 feet at a height not greater than 25 feet; For buildings providing a front setback of less than 15 feet and greater than or equal to 10 feet, the minimum depth of the stepback shall be 15 feet plus an Council Work Session 2010-05-17 11 additional one and one-half feet for every one foot reduction in the established minimum front setback at a height not greater than 20 feet; For buildings providing a front setback of less than 10 feet, the minimum depth of the stepback shall be 15 feet plus an additional two and one-half feet for every one foot reduction in the established minimum front setback at a height not greater than 15 feet; and To achieve façade variety and avoid monotonous streetscape, a building shall not replicate the stepback configuration of neighboring buildings, including those across rights-of-way, and stepbacks shall span a minimum of 75 percent of the façade width. The Community Development Board (CDB) unanimously recommended approval of the proposed amendments at a public hearing on April 20, 2010. In response to questions, Planning and Development Director Michael Delk said the stepback requirements would be for applicants using the hotel density reserve. Height restrictions are included in the code. Concern was expressed with definition of neighboring buildings. It was suggested that neighboring be changed to adjacent. In response to a concern, Planning and Development Assistant Director Gina Clayton said the proposed amendments require an additional stepback at a lower height, improving the design of properties in the heart of tourism district in exchange for greater density. 6.4 Approve an increase to the Planning and Development Department contractual services budget in the amount of $100,000. (consent) The Planning and Development Department is requesting an increase in expense codes 530300 and 530400 in order to provide sufficient funds to demolish priority unsafe structures, provide for the continuation of limited lot mowing/clearing through the rainy season and to provide for limited emergency inspections or plan reviews in the event customer service demands dictate. The Building Division currently has 91 active unsafe structure cases. At present at least 22 structures warrant demolition. Many of these properties are in foreclosure and pose an imminent threat to public safety and have significant blighting influences on the surrounding neighborhood. It is anticipated that the demolition of smaller homes will cost approximately $5000 - $7000 and larger two story structures will cost $12,000 - $20,000. Photographs of the unsafe structures targeted for demolition as well as maps showing all active unsafe cases are available. The maps illustrate several neighborhoods being severely impacted by Council Work Session 2010-05-17 12 the concentrations of these unsafe properties. As the foreclosure and economic crisis continues, the city’s neighborhoods will continue to bear the effects. The Community Development Code identifies overgrowth of grass and weeds, as well as accumulation of debris as a nuisance. Pursuant to Code Sections 7-102.2 and 7-103.D if a nuisance violation is not corrected by the property owner, the City can either take no action or abate the nuisance on behalf of the owner at the owner’s expense and place a lien on the property. In Fiscal Year 2008/2009 a total of 84 properties were cleared by the Department at a cost of $24,479. Since October 1, 2009, a total of 64 properties have been addressed at a cost of $14,261.83. Due to the number of foreclosures within the community, the number of violations already abated and the fact that the growing season is approaching, current funds will not be sufficient to address these nuisance cases through the end of the budget year.The Department would like the ability to support customer service needs for plan reviews and/or inspections based on customer demands if they exceed the level of service the Department can provide. These items were originally budgeted at $50,000 for the year. A mid-year budget amendment will allocate $100,000 from General Fund reserves to fund these costs. It was suggested that the city’s legislative package next year support legislation that allows municipal liens to have higher priority. In response to questions, Building Official Kevin Garriott said staff has identified a list of unsafe buildings. Staff will attempt first to have the property owners to take down the buildings before the city proceeds with demolition. Concerns were expressed regarding properties with unfinished construction. Mr. Garriott reviewed the permitting and inspections process. The contractor must call the city for inspections. Permits expire if there is no activity for 6 months. The Council recessed from 10:14 a.m. to 10:23 a.m. 7. Legal 7.1 Amend Section 28.041 of the Clearwater Code of Ordinances relating to soliciting on streets and pass Ordinance 8177-10 on first reading. In 2008, the City Council requested that the city Legal Department draft an amendment to Code Section 28.041 to allow solicitors to solicit so long as the solicitors complied with a list of criteria contained in Section 316.2045(3), Florida Statutes. During the last several months, Clearwater police officers have had to take enforcement action against a number of homeless individuals who have been Council Work Session 2010-05-17 13 aggressively soliciting at heavily-traveled intersections in Clearwater. The public defender's office has indicated that the office intends to challenge or, at least, assist homeless individuals with challenging the constitutionality of Code Section 28.041. Because the public defender's office has already been successful in having the state attorney's office dismiss all prosecutions under Section 316.2045, Florida Statutes, based on constitutional grounds, it is necessary to either amend Code Section 28.041 to enhance its constitutional defensibility or to repeal the amendments adopted by the City Council in 2008. By repealing the 2008 amendments and adopting Ord. 8177-10, the City Council will be eliminating the exemption that allows individuals to solicit if they comply with the criteria listed in Section 28.041(3). Consequently, all individuals, without exception, would be prohibited from soliciting the occupants of a motor vehicle being operated on publicly-owned streets, garages, and parking lots. Councilmember George N. Cretekos requested Council to reconsider direction to go back to the 1999 ban on solicitation from right-of-ways. Staff was directed to provide council with original proposed amendment before Thursday's meeting. 7.2 Adopt Ordinance No. 8134-10 on second reading, amending the Comprehensive Plan of the City as adopted on May 18, 2000, as subsequently amended, amending the public school facilities element, making corrections and modification, by replacing Map J-1, Map J-2, Map J-3, Map J-4 and Map J-5 to reflect school facility closures and mergers, program changes, the expansion of existing and the addition of new charter schools, as well as changes to assign charter schools to individual school concurrency service areas pursuant to the adopted changes by the Pinellas County School Board. 7.3 Adopt Ordinance No. 8143-10 on second reading, amending the future land use plan element of the Comprehensive Plan of the City to designate the land use for certain real property whose post office address is 2165 Gulf-to-Bay Boulevard from Residential Low Medium (RLM) to Residential/Office/Retail (R/O/R) and Residential Medium (RM). 7.4 Adopt Ordinance No. 8144-10 on second reading, amending the Zoning Atlas of the City by rezoning certain real property whose post office address is 2165 Gulf- to-Bay Boulevard from mobile home park (MHP) to Commercial (C) and Medium Density Residential (MDR). 7.5 Adopt Ordinance No. 8151-10 on second reading, amending the future land use plan element of the Comprehensive Plan of the City to designate the land use for certain real property whose post office address is 110 McMullen Booth Road from Residential Urban (RU) to Institutional (I). Council Work Session 2010-05-17 14 7.6 Adopt Ordinance No. 8152-10 on second reading, amending the Zoning Atlas of the City by rezoning certain real property whose post office address is 110 McMullen Booth Road from Low Medium Density Residential (LMDR) to Institutional (I). 8. City Manager Verbal Reports 8.1 Set Budget Meetings Item continued to Thursday's council meeting. 8.2 Cleveland Street Streetscape Phase II Item continued to Thursday’s council meeting. 8.3 Provide direction regarding the Sheriffs proposal to provide law enforcement services to the City of Clearwater versus maintaining the Clearwater Police Department. At the request of the Clearwater City Council, the Pinellas County Sheriff was requested to provide a cost proposal to provide full law enforcement services to the City of Clearwater. City Manager Bill Horne requested the Police Department prepare a response to the Sheriff’s proposal at the Clearwater Council meetings scheduled for May 17 and 20, 2010. Dialogue has been ongoing between the Pinellas County Sheriff’s Office (PCSO) and the Clearwater Police Department (CPD) to adequately analyze operations and maximize cost-saving opportunities. Police Chief Anthony Holloway provided a power point presentation. Proposed reductions include eliminating 52.4 FTEs and reducing salaries for an approximate savings of $5.9 million. In response to questions, Senior Accountant Karen Dombrowski said the salary comparisons include all benefits except overtime. Chief Holloway said the Clearwater Police Department could not expand its span of control and maintain the current level of service. Reducing the budget by $6 million would impact the department’s ability to be proactive. Pinellas County Sheriff Jim Coats said he would hire Clearwater officers at a higher starting salary with reduced benefits. Benefits for the deputies would remain the same. Council Work Session 2010-05-17 15 The county is looking into potential cost savings for a consolidated communications center. If the county provides law enforcement services, the city would dictate the level of service and pay for the services wanted. The county has found take home vehicles cost less and last longer. The County Sheriff’s Office found cost savings by eliminating overtime. Sheriff Coats said the County’s Sheriff’s Office is accredited. In response to questions, Finance Director Margie Simmons said there are 4 ways Clearwater officers are paid: 1) regular salary, 2) overtime approved by the city (pensionable), 3) special events (pensionable) and 4) off duty (not pensionable). The city's pension cost next year will be 24% of pay. If the Clearwater Police Department is eliminated, a lot of employees will be eligible to retire, creating a negative impact in the short term. Ms. Simmons said the debt on main station will be paid off next February. Staff was directed to provide information on the number of Clearwater officers who live in the city. One individual opposed contracting law enforcement services with Pinellas County. The Council recessed from 12:19 p.m. to 12:27 p.m. 9. Council Discussion Items - Items continued to Thursday’s Council meeting. 9.1 Provide direction regarding endorsing the Get Ready Tampa Bay program to promote preparing the region for electric automobile use. Get Ready Tampa Bay is a working group dedicated to identify opportunities and resolve issues associated with Electric Vehicles. The use of electric vehicles in our community is very important to our environment and would help reduce our dependency on oil. The economic benefits of electricity versus gasoline after installation of charging equipment are beneficial. We began the project of identifying the use of hybrid (electric/gasoline) in 2004 with the purchase of 2 Toyota Prius sedans for testing in our community. The success of this program generated the purchase of 10 more Prius, 1 Honda Civic and 3 Chevrolet Malibu's. The savings on a cost per mile for these vehicles over comparative vehicles in our Fleet is over $0.12. Over the lifetime of a vehicle this savings could equate to $9,000 per vehicle. The electric automobile that will be in production later this year from several manufacturers will operate on battery for 40 to 300 Miles. Ford is introducing a small min-van that is perfect for inter-City delivery. Other companies are planning releases of this type of vehicle in 2012. Get Ready Tampa Bay is asking municipalities to join the movement by signing a resolution and begin the education process as well as conversion of certain vehicles in their fleet. 9.2 Councilmember Breakfasts - Mayor Hibbard Council Work Session 2010-05-17 16 9.3 City of Clearwater SLC Alternate - Councilmember Doran 10. Other Council Action - None. 11. Adjourn The meeting was adjourned at 12:31 p.m. Council Work Session 2010-05-17 17