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01/17/2006 CITY COUNCIL WORKSESSION MINUTES CITY OF CLEARWATER January 17, 2006 Present: Frank V. Hibbard Mayor William C. Jonson Vice-Mayor Hoyt P. Hamilton Councilmember Carlen A. Petersen Councilmember John Doran Councilmember Also present: William B. Horne II City Manager Garry Brumback 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 9:00 a.m. at City Hall. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. Presentations: Service Awards Fourteen service awards were presented to City employees. Richard McGinley, Gas Department, was presented the January 2006 Employee of the Month Award. The Bimonthly Team Award for January-February 2006 was presented to the Hurricane Wilma Support Team: Clarence Carnley, Fred Grunden, Terry Avery, Glen Girard, Mike Harrington, William Vola, James Stephens, Kevin Cobb, and Perry Conzen. Land & Water Conservation Grant for Myron A Smith Bayview Park. Representative Kim Berfield presented the City a $200,000 Land & Water Conservation Grant for the Myron A. Smith Bayview Park. Fact Finding Trip to Chicago with Councilmember Petersen Councilmember Petersen reported on her trip to Chicago and Gallery 37, stating she was impressed with that city’s public art program. The City Council recessed from 9:42 to 9:43 a.m. to meet as the Pension Trustees. Work Session 1 01-17-2006 Devel/Neighborhood Services Approve the re-appropriation of $75,000 from retained earnings in the General Fund to the Development and Neighborhood Services Department operating budget in order to provide funding for outside contract services for Plans Review. The building permit revenue recently was reviewed. Collections of the permit revenue were $2,675,403 in FY (Fiscal Year) 2005 as compared to $2,145,752 in FY 2004, for an increase of $529,641. The actual FY 2005 amount is $475,403 more than the final projected FY 2005 revenue of $2.2 million. The projected FY 2006 revenue in this account is $2,000,000. The increase in revenues is due to increased building permit fee activities related primarily to the recent numerous large building construction projects in the City. The additional fees are shown as retained earnings in the general fund. Services and expenditures have increased in the department as a result of the building permit fee applications. The additional fees that went into the general fund have not yet been appropriated to the department’s budget to pay for the additional costs such as contractual services to hire temporary building plans reviewers and inspectors needed to assist with the additional work. Staff recommends the re-appropriation of $75,000 of retained earnings in the general fund for expenditures directly related to the building permit fees, plans review and inspections program. In response to a question, Development and Neighborhood Services Director Jeff Kronschnabl said staff will need to reconsider the number of inspectors necessary when anticipated development projects break ground. Gas System Adopt Resolution #06-03 approving a Utility Work By Highway Contractor Agreement with the State of Florida’s Department of Transportation to install natural gas mains during improvement project, FPN: 256890-1-56-02/Pinellas County, SR55 (US 19) from Sunset Point to Countryside Blvd., at an estimated cost of $400,000 and authorize the appropriate officials to execute same. The Florida Department of Transportation (FDOT) has a project to widen/improve SR55 (US 19) from Sunset Point to Countryside Boulevard, including roadway, sidewalk, other improvements, and utilities to include those existing Clearwater Gas facilities which conflict with the design. Under the Utility Work By Highway Contractor Agreement (UWBHC), the State of Florida’s Department of Transportation general contractor will perform the relocation of existing natural gas mains. Having the State of Florida’s Department of Transportation general contractor install the natural gas mains allows for work to be done in a timely manner and releases Clearwater Gas System from penalty payments. In response to a question, Managing Director Clearwater Gas System Chuck Warrington said this item involves the relocation of existing mains. Staff was aware the work was needed and other relocations also have been planned. All related costs are funded in the five-year Capital Improvement project. Work Session 2 01-17-2006 Marine and Aviation Adopt Resolution #05-49, changing the rate of dock fees charged yacht repair facilities located at Island Estates. Boat repair/brokers in Clearwater, operating out of waterfront facilities, are struggling to remain in business because of significantly increased taxes due to marinas and boatyards consistently being assessed at a best use of residential/condominium. At the same time, marina tenants and local boaters are calling for the City do something to keep boat storage and repair facilities in business. With the recent trend of boat storage and repair facilities being sold for condo development, both the County and cities are being asked to implement certain policy decisions to try to prevent further losses of and encourage the development or retention of public boat access and yacht repair facilities. City Council approved the five-year Marine & Aviation business plan at the September 19, 2003, Council meeting. Included in that plan were 5% rate increases for commercial and recreational boat dockage fees every other year through 2008. Except for a 40% rate increase applied to non-Clearwater recreational boaters on October 1, 2004, with 10% increases each of the remaining years of the business plan, the rate structure has remained as originally approved by Council. It is proposed the commercial resident rate charged for yacht repairs at Island Estates be reduced from $234.83 to $176.14, and for commercial non-resident yacht repairs from $271.53 to $205.49. There are seven slips that would be affected by this rate change, which would decrease revenues to the Marina fund by $4,929.96 per year. No budget adjustment is needed due to this change. In response to a question, Marine & Aviation Director Bill Morris said some inland yacht repair facilities can be accessed by trailer, but Quality Boats is the only yacht repair firm on the gulf side with the ability to haul out some boats. In response to a question, City Attorney Pam Akin said the City is trying to encourage certain types of businesses, such as boat storage and repair facilities, and make them affordable. In response to a question, Mr. Morris said slips turn over as repairs are done. He said this change would be equivalent to the slip rents for a 45-foot vessel at the Clearwater Marina. This change recognizes the need to keep this type of service in the City. Parks and Recreation Approve a one-year extension agreement from February 1, 2006 through January 31, 2007, between the City of Clearwater and The Winning Inning Inc., for the use and operation of the Jack Russell Memorial Stadium and Complex and authorize the appropriate officials to execute same.) On December 18, 2003, the City Council approved a two-year agreement between the City and Winning Inning for the operation of a baseball school at Jack Russell Memorial Stadium and Complex. The agreement has been successful for the Work Session 3 01-17-2006 citizens of Clearwater and for Winning Inning, which is requesting an extension of the agreement for one year. Winning Inning has had a relationship with the City for over six years, first at Countryside and now at Jack Russell Stadium providing baseball instruction and training for youth to professional athletes. Under this agreement The Winning Inning provides the following services: 1) Conduct camps, clinics, lessons, strength conditioning, rehab training, tournaments, leagues, etc.; 2) Athletic field and grounds maintenance; 3) One-half funding for any mutually agreed upon capital improvement projects; and 4) Provide all staff, materials and supplies, and operating expenses associated with the complex including but not limited to electricity, water, sewer, custodial, sanitation and minor building maintenance and pay all required taxes necessary to the Agency’s operation at the Complex. Under this agreement the City will provide the following: 1) Maintenance for all major capital components of the building, to include air conditioners, roof, plumbing, electrical, etc. and 2) No other in-kind services, supplies, labor, equipment, or funding, whether on loan or for consumption, will be granted to the agency. Based on past structural analysis and improvements made at the stadium, it can be safely used for 1 to 3 years without additional capital expenditures. Staff has recommended a capital improvement project in FY 2006/07 budget for the demolition of the main concrete portion of the stadium. In response to a question, Parks & Recreation Director Kevin Dunbar said Winning Inning, Inc. carries liability insurance. Major capital items are covered by the City under standard language in City agreements. He said the City is not prepared to invest money in the stadium. To date, only a few light poles have been replaced. The Boys and Girls Cub will continue using the site. If the stadium is razed prior to the end of this extension, the baseball school would not be affected but the stadium would no longer be available. Alternate uses for the stadium site will be discussed at a future date. Planning Approve the Annexation, Future Land Use Plan Amendment from County Residential Suburban (RS) Category to City Residential Low Medium (RLM) Category and Zoning Atlas Amendment from County Single-Family Residential District (R-1) and County Agricultural Estate Residential (A-E) District to City Medium Density Residential (MDR) District for 1551, 1555 and 1559 Union Street (Metes and Bounds 21/01, 21/03 and 21/02 in Section 2-29-15); and Pass Ordinance #7579-06 to annex this property on first reading and Pass Ordinances #7580-06 & #7581-06 to amend the Future Land Use Plan Map and Zoning Atlas for this property on first reading. (ANX2005-09034 and LUZ2005- 09012). The subject site is comprised of three parcels of land totaling 7.01 acres in size, located on the south side of Union Street between Highland Avenue and Powderhorn Drive, approximately 615 feet east of Highland Avenue. The applicant is requesting this annexation in order to receive sanitary sewer, water and solid waste service, and intends to develop two parcels of the site in townhomes at a density of ten dwelling units per acre. The required impact fees will be paid at the time building permits are issued. The Work Session 4 01-17-2006 property is contiguous to existing City boundaries on the east, south and west; therefore, the proposed annexation is consistent with Pinellas County requirements with regard to voluntary annexation. The Planning Department determined that the proposed annexation is consistent with the following standards specified in the Community Development Code: 1) The proposed annexation will not have an adverse impact on public facilities and their level of service.; 2) The proposed annexation is consistent with the City's Comprehensive Plan, the Countywide Plan and the Community Development Code; and 3) The proposed annexation is contiguous to the existing City boundaries on three sides. This annexation has been reviewed by the Pinellas Planning Council (PPC) County staff in accordance with the provisions of Pinellas County Ordinance #00-63, Section 7(1-3), and no objections have been raised. The applicant is requesting to amend the Future Land Use Plan Map designation for this 7.01-acre site of three parcels, each occupied by an existing single-family detached dwelling. Approval of this request would allow the property to be consolidated with a Future Land Use Plan designation of Residential Low Medium (RLM) and a zoning category of Medium Density Residential (MDR). (See LUZ2005-09012.) The Planning Department determined that the proposed future land use plan amendment and rezoning applications are consistent with the following standards specified in the Community Development Code: 1) The proposed land use plan amendment and rezoning application are consistent with the Comprehensive Plan; 2) The proposed use is compatible with the surrounding area; 3) Sufficient public facilities are available to serve the property; and 4) The applications will not have an adverse impact on the natural environment. In accordance with the Countywide Plan Rules, the land use plan amendment is subject to the approval of the Pinellas Planning Council and the Board of County Commissioners acting as the Countywide Planning Authority. Review and approval by the Florida Department of Community Affairs is not required. The Community Development Board reviewed these applications at its public hearing on December 20, 2005 and unanimously recommended approval of both applications. In response to a question, Assistant Planning Director Gina Clayton said the PPC had a concern about the requested density and it was indicated this issue would be addressed by the deed restrictions. The ingress/egress easement to the south will remain. Work Session 5 01-17-2006 Approve the Petition for Annexation, Future Land Use Plan Amendment from the County Commercial General (CG) Category to the City Commercial General (CG) Category and Zoning Atlas Amendment from the County C-2, General Retail Commercial and Limited Services District to the City Commercial (C) District for 2380 Northeast Coachman Road (located on the north side of Northeast Coachman Road and on the west side of Old Coachman Road, at the Northeast Coachman Road and Old Coachman Road intersection, consisting of Metes and Bounds 24/01 and 24/02, a portion of Section 7-29- 16); and Pass Ordinances #7565-06, #7566-06 & #7567-06 on first reading. (ATA2005- 10001) The subject property is located on the northwest corner of the intersection of Northeast Coachman Road and Old Coachman Road, in an enclave and is contiguous to existing City boundaries to the north and south. On December 1, 1999, George V. Tagaras, the property owner, signed an Agreement to Annex (ATA), which is considered an application to annex. The subject site is approximately 1.283 acres in area and is occupied by a fruit stand. The fruit stand comprises a new permanent building and a dirt parking area. A concrete pad was constructed to support a handicap parking space. It is proposed that the 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 following standards specified in the Community Development Code: 1) The proposed annexation will not have an adverse impact on public facilities and their level of service; 2) The proposed annexation is consistent with the City's Comprehensive Plan, the Countywide Plan and the Community Development Code; and 3) The proposed annexation is located within an enclave and its annexation will reduce such enclave. This annexation has been reviewed by the Pinellas Planning Council (PPC) County staff accordance with the provisions of Pinellas County Ordinance #00-63, Section 7(1-3), and no objections have been raised. The Community Development Board reviewed this proposed annexation at its regularly scheduled meeting on December 20, 2005 and unanimously recommended approval. In response to a question, Ms. Clayton said the applicant had questioned the City’s ability to proceed with the annexation. A neighbor has expressed concern regarding the property’s commercial zoning. The applicant does not want to annex and is concerned about having to meet code requirements for asphalt parking. Ms. Clayton said the City does not have a neighborhood commercial district. More intense development than exists on the site is possible, however, it would have to comply with Code with respect to landscaping, etc. Approve amendments to the Community Development Code to implement revisions to the Old Florida District on Clearwater Beach and pass Ordinance #7576-06 on first reading. (TA2005-11004) The Planning Department began a study of the Old Florida District in 2005 as directed by the City Council in order to address the discrepancy between the area’s zoning and land use patterns and what was recommended for development in Beach by Design. Work Session 6 01-17-2006 Subsequent to the ideas generated by four public meetings in the Old Florida District and Council members’ comments at the City Council Work Session on August 29, 2005, recommendations were developed that included changes to the Code, as set forth in these amendments, as well as a zoning and future land use map change and changes to Beach by Design. The Code amendments are as follows: 1) Amendment to the Zoning District Regulations, Tables 2-802 and 2-803 to amend use, maximum height and minimum setback requirements to clarify that standards pertaining to the Old Florida District are set forth in Beach by Design and 2) Amendment to Section 3-1202.D to clarify that landscaping requirements for the Old Florida District are set forth in Beach by Design. The Planning Department determined that the Code text amendments are 1) Consistent with and further the goals, policies and objectives of the Comprehensive Plan; and 2) further the purposes of the Code and other City ordinances and actions designed to implement the Plan. The Community Development Board reviewed the proposed amendment at its regularly scheduled meeting on December 20, 2005 and recommended approval. The City Attorney said the item will be amended to include adoption of a resolution. In response to a question, she said these amendments are independent of Beach by Design and Old Florida District items. Concern was expressed about the reference to size of governmental and transportation uses. Approve an amended Development Agreement between Crystal Beach Capital, LLC (the property owner,) and the City of Clearwater (previously approved DVA2004-00002 by City Council on December 2, 2004) for the development of the Hyatt (aka Aqualea). The subject properties total 1.63 acres and are located between South Gulfview Boulevard and Coronado Drive at Third Street. It is located within an area identified for a catalytic project by Beach by Design and is a priority candidate for redevelopment on Clearwater Beach. The applicant has been approved under FLD2004-07052 (approved by the CDB on November 16, 2004) to construct a hotel of 250 rooms (153.37 rooms/acre on total site), 18 attached dwellings (11.04 units/acre on total site) and a maximum of 70,000 square-feet (0.98 FAR on total site) of amenities accessory to the hotel, at a height of 150 feet (to roof deck). This project has been approved to utilize 207 rooms from the density pool created in Beach by Design. The vacation of Third Street and the east ½ of South Gulfview Boulevard was approved by City Council on March 1, 2001, but is not effective until actual construction of the hotel begins. The City Council originally approved a Development Agreement for this property on March 1, 2001 (DA 01-01-01), which was amended on December 2, 2004 (DVA2004- 00002). Work Session 7 01-17-2006 The applicant is proposing the following revisions to the approved development agreement: 1) Adds a definition for “operator,” “hotel operator” or “single hotel operator” to indicate who is responsible for the daily operation of the hotel, provision of hotel services and the maintenance of the hotel amenities and hotel units. (Section 1.01); 2) Amends the scope of the project to account for projected vacancy rates and enable the hotel unit owners greater flexibility to use the hotel units when the hotel units might otherwise be vacant, leading to greater use of the hotel amenities and facilities. (Section 2.03 and Section 2 of Exhibit F); 3) Modifies the construction start date so that it is the same as the outside date for commencement of construction under the vacating ordinances for Third Street and S. Gulfview Boulevard. (Various Sections); 4) Amends the terms and provisions for the operation of concessions on City property west of S. Gulfview Boulevard, as part of the beach landing portion of the pedestrian overpass. (Section 5.04, paragraph 7); 5) Amends the City’s obligation regarding the construction of South Gulfview Boulevard and Beach Walk improvements based on the 100% drawings by Post Buckley. (Section 5.04, paragraph 1); and 6) Amends the developer’s obligation regarding the payment of the pro rata share of the costs of the South Gulfview Boulevard and Beach Walk improvements. (Section 5.05, paragraph 5b); 7) Provides for a public pedestrian access easement 10 feet in width within the northern-most bay of the project from Coronado Drive to South Gulfview Boulevard. The proposal is in compliance with the standards for development agreements and is consistent with Beach by Design. · The Community Development Board is scheduled to review the proposed applications for the amended Development Agreement approval at their meeting on January 17, 2006. The City Attorney said the change to a 60-day occupancy, no longer than 30 days at a time, by the owner would allow owners more use of the property. It was felt the change will improve the property’s occupancy rate as the owners will have greater flexibility to use the hotel units when these units might otherwise be vacant. In response to a question, it was indicated the market will drive the rental rate and the Hyatt will set the rate. The City Attorney said hotel owners will not be required to participate in the rental program. They cannot use the unit as a permanent address, it cannot be homesteaded, and owners will be required to pay bed taxes, etc. The City Attorney said the project will benefit the City by its financial investment in Beach Walk construction. The front desk will control the electronic unit keys even if the owner controls rental of the unit. Future discussions will address accessibility and driveways, which are not part of this agreement. Solid Waste/General Services Work Session 8 01-17-2006 Award a contract to Ring Power of Riverview, FL for the purchase of one Caterpillar P6000-D forklift, one Caterpillar C-5000-LP fork lift, one Manitou 8000# forklift and one (1) Manitou 6000# forklift at a total cost of $144,823.60 and that the appropriate officials be authorized to execute same. The forklifts are replacements for existing equipment authorized for budget FY 2005/06. Caterpillar P6000-D forklift replaces G459 in the Public Utilities Department. Caterpillar C-5000-LP is an additional forklift for Building and Maintenance approved in Budget for FY 2005/06. Manitou 8000# forklift replaces G1328 in Fleet Division. Manitou 6000# forklift replaces G1002 in the Public Utilities Department. Lease Purchase financing of $123,723.60 will be used for three forklifts and the fourth will be purchased for $21,100 with cash. In response to a question, Mr. Carnley said the two larger forklifts are all-terrain vehicles that can be used on parking lots and concrete floors; the other two are for indoor use only. He said whenever possible, purchases are piggybacked off County or State contracts. Engineering Public Services Approve an extension to the work order for PBS&J, an Engineer of Record, of Tampa, Florida for the Myrtle Avenue Roadway and Drainage Improvements Project in the amount of $98,054.73 for Construction Engineering and Inspection services for the duration of construction. The original work order for this project was approved by Council on January 15, 2004, in the amount of $738,120.92. An extension to this work order was previously approved September/2005 in the amount of $73,502.73. CEI (Construction Engineering & Inspection) Services to complete the Myrtle Avenue Reconstruction Project. The construction duration for this project has extended approximately seven months beyond the original duration of eighteen months. A maximum fee of $98,054.73 has been established to cover the extended duration of the project. In response to a question, Public Services Director Gary Johnson said the project’s anticipated completion date is May 2006. Official Rec and Legislative Svc Approve the 2006 Federal Legislative Package. Each year, the City of Clearwater submits a list of legislative priorities for consideration for the new federal budget year. Once the package is approved, the City’s legislative liaison will work with the federal lobbyist to submit the City’s request to its delegation. The 2006 Federal Legislative Package includes such issues as: funding requests for Downtown Redevelopment and COPS Technology; supporting legislation that will Work Session 9 01-17-2006 diversify Brownfields Remediation loans into grant funds, provide Fire Act funding for pre-disaster and post-disaster mitigation; opposing decreased funding for COPS and Community Development Block Grant programs, the Clear Law Enforcement for Criminal Alien Removal (CLEAR) Act and pre-emption of municipal funding sources. In response to a question, City Clerk Cyndie Goudeau said although downtown revitalization is a priority, staff pursues funds in each category as they become available. The City supports Brownfields initiatives, emergency and disaster preparedness, and opposes unfunded mandates. Public Works follows a scheduled work program for multi- year projects such as wastewater, Stevenson’s Creek, etc. Homeland Security mandates change slightly each year. Staff remains flexible in order to receive any available funds. It was felt the formula used to distribute Homeland Security funds was not equitable as it does not recognize all Clearwater’s vulnerabilities such as hurricanes. City Attorney Approve a Settlement Agreement regarding National Advertising Company v. City of Clearwater, Circuit Court Case #00-003844-CI-011, consolidated with Lamar Whiteco Outdoor Corporation v. City of Clearwater, Consolidated Circuit Court Case #00-001939- CI-020, and Pass Ordinance #7568-05 on first reading. During the 1985 to 1993 timeframe, the City adopted several ordinances regulating signs, including billboards. These included amortization provisions requiring removal of certain billboards, including those located on Gulf-to-Bay Boulevard and Belcher Road. The amortization provisions were carried over into the 1999 Community Development Code. Notices of Violation pursuant to the Ordinances were issued to National Advertising Company and Lamar Whiteco Outdoor Corporation regarding certain signs owned by them. The McCabe found the billboards in violation; however, all code enforcement fines have been stayed pending the outcome of Circuit Court litigation. In 2000, National Advertising Company filed suit against the City of Clearwater, challenging the adoption and effectiveness of the ordinances, asserting vested rights and rights to the continuance of allegedly lawful nonconforming uses, challenging the City’s actions on state and federal constitutional grounds and as impairment of contract, alleging inverse condemnation, and seeking declaratory and injunctive relief and damages. Lamar Whiteco Outdoor Corporation filed suit with similar allegations, and during the pendency of the litigation the one billboard owned by Lamar was acquired by National or its parent company, Viacom Outdoor, Inc., and the suits were consolidated. National and the City entered into mediation discussions in the course of the litigation, the result of which is the proposed settlement agreement. The agreement provides for phased removal of the five remaining billboards as follows: 1 in Year 1, 1 in Year 7, 1 in Year 8, 1 in Year 9, and 1 in Year 10. Certain maintenance and repair is allowed pending removal. If redevelopment occurs on any of the parcels necessitating relocation of the billboard pending removal, that is provided for. Enforcement of the agreement, including fines for noncompliance, are set forth. National agrees to a stipulation ending the litigation. Work Session 10 01-17-2006 The settlement agreement is being read as a text amendment to the Community Development Code because certain provisions, such as the one on relocation, might be considered to essentially permit billboards, which the Code does not allow. Pinellas County followed a similar approach with its Ordinance # 03-19. In response to a question, Assistant City Attorney Leslie Dougall-Sides said relocated billboards would have to meet setbacks for structures. This agreement provides finality for two pending cases, although some billboards will remain in place for 10 years. The agreement does not specify which billboard will be removed first but there has been indication it will be the one at the Publix Center on Belcher Road. Council Discussion Items Mandalay Channel Wake Zone Ordinance Amendment - Hamilton This item is being revisited, as when the Council originally voted to extend the wake zone in the Mandalay Channel, it was done with the understanding that vessel size could not be differentiated. However, it since has been found to be acceptable to differentiate wake zones based on the size of vessels. The reason for the extension was due to concerns with vessels that create large wakes. Discussion ensued and it was felt specific boat sizes and posted speed limits should be implemented in the channel. Marine Operations Director Bill Morris said Marine Max felt any vessel in excess of 24 feet would be too large. The Marine Advisory Board felt the area should be a recreation area with a minimum wake zone which could be adjusted in the future. Marine staff is working on a local comprehensive waterway management plan which will take at least a year. Concern were expressed regarding enforcement, funding enforcement efforts and educating the public. Mr. Morris said a water recreation area is not addressed in any legislative rules. Staff was requested to come back with recommendations regarding boat length, minimum wake zone location, enforcement, and educating the public. Billboard Legislation Resolution Consensus was to move forward with a resolution in opposition to billboard legislation. Old Florida District The City Manager said this item will be continued at the CDB meeting today for additional input. Work Session 11 01-17-2006 Other Council Action Consensus was to draft a resolution supporting the current make-up of the Tampa Bay Regional Planning Council and not to reassign Manatee County to the Southwest Florida Planning Council. Adjourn The meeting adjourned at 11:56 a.m. Work Session 12 01-17-2006