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01/21/1997 CITY COMMISSION WORK SESSION CITY OF CLEARWATER January 21, 1997 Present: Rita Garvey Mayor/Commissioner J. B. Johnson Vice-Mayor/Commissioner Robert Clark Commissioner Ed Hooper Commissioner Elizabeth M. Deptula City Manager Kathy S. Rice Deputy City Manager Bob Keller Assistant City Manager Pamela K. Akin City Attorney Cynthia E. Goudeau City Clerk Patricia O. Sullivan Board Reporter Absent: Karen Seel Commissioner The meeting was called to order at 9:00 a.m. in the C-View Studio at the Municipal Services Building. Service Awards Seven service awards were presented to City employees. The Commission recessed from 9:15 to 9:16 a.m. to meet as the Pension Trustees. ED ECONOMIC DEVELOPMENT Support a 352-unit Affordable Rental Housing Development at 2900 Drew Street to be developed by the Wilson Company - authorize Mayor to sign needed forms; authorize a loan of $500,000 to be effective 10/01/97 at 3% for a 40-year term with interest only payments for the 1st 2 years; approve capital improvement funding of $39,000 for sewer lines & manhole connection; and approve providing 4,000 cubic yards of fill from Public Works Department with an estimated market value of $28,000 The Wilson Company is preparing to submit a funding application to FHFA (Florida Housing Finance Agency) under the Low Income Housing Tax Credit Program. To compete effectively for this funding, the firm needs to demonstrate adequate support from the City. Approval of this item will demonstrate sufficient City support. Of the 352 proposed units, 264 will be reserved for income eligible families. Proposed site development will supply 81% of the new affordable rental housing need forecast in the 1995 -1999 Consolidated Plan adopted by the City Commission in August 1995. The forecast was prepared according to U.S. HUD (Department of Housing and Urban Development) guidelines. If approved by the City Commission, the Economic Development Department will use $402,000 of HOME funds, available October 1, 1997, and $98,000 in SHIP (State Housing Initiatives Partnership) funds, available July 1, 1997, to fund the loan to the Wilson Company. The FY (fiscal year) 1997/98 operating budget will include a $39,000 appropriation in General Fund revenues to establish a Special Program Project to construct sewer lines for this project. HOME loan documents, mandated by the Federal government, will include a recapture clause for loaned funds if the project is sold before the end of the loan term. Normal foreclosure procedures will be followed in the event of default by the borrower. If FHFA does not approve a funding commitment, subject funds will be reallocated through the Consolidated Plan process to be reviewed for City Commission approval in July 1997. Economic Development Director Alan Ferri recommended the City grant the loan from future HOME and SHIP funds. Regulations allow the 40-year term and will secure local affordable housing units for 40 years. He recommended the City contribute fill, with a market value of $28,000 but generated by the City for little cost, and $39,000 for sewer line construction costs. The developer, the Wilson Company, is applying for the Low Income Housing Tax Credit Program. Due to competition, only 10% of applications are funded. Only projects valued greater than $1-million are deemed fundable. City support will demonstrate to the State and HUD that Clearwater is committed to affordable housing. Mr. Ferri said the Low Income Housing Tax Credit is valid for 10 years. In the program’s 10-year history, only one other Pinellas County development has been approved. It was noted the City is committing funds it customarily receives from the State and Federal government to address affordable housing needs. In response to a question, Mr. Ferri said the loan terms include the value of the low interest rate. In response to a question, he said after completion, the development will be owned by a limited partnership made up of the Wilson Company and those who invested to take advantage of the Low Income Housing Tax Credit Program. He estimated minimum monthly rents will be $400 and be based on unit size. The Clearwater Housing Authority will not subsidize low-income tenants. Tax credits and lower financing requirements will fund the affordable rents. PD POLICE Accept grant increase from Substance Abuse Advisory Board for enhancements to the Geographic Information System Grant, in the amount $32,061 with a City match of $10,688 (contraband forfeiture funds) In October 1996, the City Commission approved the GIS (Geographic Information System) project including a $173,105.13 Substance Abuse Advisory Board grant, a $46,311.71 City match (contraband forfeiture funds), and $11,390 County match. A $35,000 Weed and Seed grant also was applied to the project. The Substance Abuse Advisory Board has determined additional funds are available for current year project enhancements. The Police Department moved forward $42,749 in planned system enhancements including $32,961 in grant funding and $10,688 in City matching funds from contraband forfeiture funds. Enhancements include 2 PCs (personal computers), additional memory, processors, and a disk drive upgrade to add multiple functions to the GIS. After the initial 29 users, Clearwater plans to add as many as 147 more users as the project progresses. The additional memory and processors will double the system’s speed and help support new users. Additional upgrades may be needed depending on actual system utilization. The disk drive upgrade will allow all present layers of Pinellas County maps to be stored in Clearwater’s GIS. The PCs will allow simultaneous access at the Pinellas County and City computer locations. In response to a question, Deputy Police Chief Dewey Williams said the grants are being used for hardware upgrades and do not require additional staff. The Police Department has moved into its building. EN ENGINEERING Public Hearing & First Reading Ord. #6119-97 - Vacating S 3’ of N 7.5’ utility easement and the E 2.5’ of the W 10’ utility easement lying in Lot 5, Beckett Lake Estates, Blk 1 (Crabbe, V96-14) The applicant’s swimming pool and concrete deck encroach into the easements. The City has no existing or proposed utilities within the subject easements. Utility companies have reviewed the proposed vacation request and have no objections. Departments concerned with vacations have reviewed the applications and voiced no objections. The City Engineer recommends approval. In response to a question, Engineering Director Rich Baier said property owners are not required to obtain a formal survey before constructing a deck. Accidental encroachments occur. To replace current policy which grants owners property rights for easements upon petition, staff is developing a process to authorize existing encroachments by permit. The City Attorney said under the proposal, property owners will be responsible for costs incurred to remove decking should the City have a future need for subject easements. In response to a suggestion, Mr. Baier said most cities do not obligate property owners to bear the expense of obtaining a survey prior to construction of a deck. First Reading Ord. #6116-97 - Relating to Buildings & Building Regulations; amending Secs. 47.181 & 47,182 to allow payment to the City Sidewalk Fund in lieu of construction of a required sidewalk (Deletes Sec. 47.182) The current ordinance provides a mechanism for the developer to apply for a sidewalk waiver if the developer thinks a sidewalk is inappropriate or unnecessary for the property at the time of development. In that case, the homeowner is obligated to sign a waiver stating the homeowner can be billed for the sidewalk when it is built. A final inspection, “atlas survey,” and written recommendation also are required. One problem with the current system is new owners are not aware of this pending expense. Under the proposed ordinance, the City will collect sidewalk fees from the homeowner/developer at the time of construction if the City Engineer recommends that building a sidewalk adjacent to the property is impractical at that time. The current ordinance is cumbersome and requires input from several departments which delays the City’s response to customers requesting waivers. The proposed code will allow the City to use funds collected from new development more efficiently and effectively for future sidewalk construction in the City. Funds will be provided up front to be used where the City Engineer deems most appropriate. In the future, this fund will pay to construct sidewalk adjacent to residences that paid into the fund. Staff will no longer have to approach homeowners to pay for sidewalk construction. Staff will make certain these changes are incorporated in the Land Development Code revisions. In response to a question, the City Manager said this ordinance addresses private and professional builders. Mr. Baier said sidewalk construction is required in new housing developments, without exception. In response to a question, he estimated the City granted exceptions for between 5 and 10 individual home construction sites last year. Lease renewal with Pinellas County Arts Council for City owned property located at 400 Pierce Blvd. (Haven House), A. C. Turner’s Sub., Blk 5, part of Lot 1 & Lot 2, 5 year term commencing 06/01/97, for total rent of $1. Since 1984, the PCAC (Pinellas County Arts Council), a non-profit membership organization formed under Florida Statute 265.32, has leased the Haven House at 400 Pierce Boulevard from the City. Beginning with the 1992 lease renewal approval, the PCAC received use of the premises for nominal rent in exchange for repair, maintenance, and other operational expenses of the property. Previously, the City had maintained improvements in exchange for $250 monthly rent. Repair and maintenance expenses far exceeded rent proceeds. Major provisions of the new lease include: 1) PCAC will receive the property for a term of 5 years for nominal rent only; 2) PCAC will continue to be responsible for all repair, maintenance, and operational expenses of property, including taxes (if any), and insurance; and 3) City may terminate lease if PCAC fails to remedy a default within 30 days of receiving written notice of default, or within 180 days of PCAC receiving notice that property is required for other municipal purposes. Staff will report on the property’s value. Mr. Baier stated the City monitors the building’s maintenance via annual "walk-throughs" by staff. Res. #97-06 - renaming Maple Street, between Baker Ave. & Casler Ave. to Baker Avenue For more than 35 years, the subject house has faced Maple Street but has been addressed at 500 Baker Avenue. The subdivision plat of Grandview Terrace shows Maple Street extending across the North side of the subdivision between Richards and Casler Avenues. In 1971, the City Commission vacated Maple Street between Richards and Baker Avenues. Maple Street is paved only between Baker and Casler Avenues. Maple Street could be considered a continuation of Baker Avenue. David P. Good, owner of the subject property, has requested the City change his street name due to problems with home deliveries. He is the only property owner affected by this change. Engineering will change Mr. Good’s numerical address to conform with the City’s number system. Mr. Baier said the City has sent letters to all appropriate agencies such as the U.S. Post Office, 911, etc. “No Skateboard” Signs Mr. Baier presented a “no skateboarding” sign decorated with the City’s hibiscus logo. He said no international symbol outlawing skateboarding is easily recognizable. Three signs have been installed at Pier 60 Park. Displaying signs at the Harborview Center was suggested. The City Attorney expressed concern regarding language on the signs, noting the Commission had not passed skateboard legislation. She stated the signs can be enforced by City Manager authority only after second reading of Ordinance #6122-97 on Thursday and only in City parks. The Harborview Center can be posted based on trespassing infractions but not by skateboard ordinance. Court Street Construction In response to a question, Mr. Baier said last year staff met with FDOT (Florida Department of Transportation) regarding the State’s resurfacing and safety project for Court Street and the City’s impending need to cut that roadway due to the Stevenson’s Creek stormwater project. FDOT declined to delay their project due to fiscal year funding considerations and the City was unable to accelerate the Stevenson’s Creek project. Motorists have complained the City’s construction project, immediately following the State’s resurfacing project, duplicated efforts and wasted money. FDOT’s justification in declining cooperation was questioned. Concern was expressed drivers are facing construction delays 3 times instead of once. The Mayor will send a letter expressing City Commission concern regarding this issue to District VII Secretary William McDaniels Jr. and forward a copy to State Secretary Ben G. Watts. Memorial Causeway Bridge Recent press coverage of alignment alternatives for a proposed replacement bridge was noted. Concern was expressed alternative funding sources need to be identified. The City Manager said staff released the route alternatives to the press due to a Commission commitment to choose an alignment by January 1997. The City has not made an official recommendation. Plans were presented to the media in draft form. She could not discuss other funding sources as none is guaranteed at this time. It was noted bridge replacement plans are difficult to support until funding sources are identified. The bridge issue will be discussed at a future Work Session. It was suggested the Commission delay final decision regarding this project until after the March 1997, Penny for Pinellas referendum which is proposed to provide a majority of the necessary funds. CP CENTRAL PERMITTING Receive consultant report from O’Neil Planning & Design, Inc.; authorize staff to take recommended steps to address interim issues & proceed with establishment of a CRA for portions of Clearwater Beach O’Neil Planning & Design, Inc. has completed the report evaluating the suitability of designating portions of Clearwater beach as a CRA (Community Redevelopment Agency) pursuant to State statutes. The report concludes the majority of conditions necessary for a determination of need for a CRA exists on Clearwater beach. Based on the report, staff recommends: 1) take interim steps: a) direct staff to investigate bringing S. Gulfview Boulevard and SR 60 (West of Memorial Causeway Bridge) into City ownership and maintenance to allow easier implementation of streetscaping and signage projects on these primary beach roads; b) proceed with 1997 Mandalay Avenue streetscaping project; c) pursue Clearwater beach dumpster-screening project; d) address Clearwater beach in the code streamlining process; and e) continue comprehensive nuisance and code enforcement efforts on Clearwater beach; 2) prepare a resolution for Commission consideration to initiate the process to designate a CRA on Clearwater beach; and 3) prepare a RFP (Request for Proposal) or RFQ (Request for Qualifications) to solicit a consultant to prepare a CRA plan for Clearwater beach. In response to a question, Mr. Baier said staff needs to investigate the cost of bringing S. Gulfview Boulevard and SR 60, West of Memorial Causeway Bridge, into City ownership, including liability issues. Currently, the City must receive County or State permits before addressing issues relating to traffic, pedestrians, merchants, etc. Currently, the City only can sign public services such as hospitals, etc., on County and State roads. The State will not promote private business. Rules related to signage on Interstate Highways differ. Mr. Baier suggested investigating bringing SR 60 into City ownership West from the end of the Western ramp approach to the Memorial Causeway Bridge. He said the City would obtain responsibility for the smaller bridge abutting Clearwater beach. The City currently owns and maintains all bridges on Island Estates. Central Permitting Director Scott Shuford said the O’Neil Planning & Design, Inc. report, covering the area South from Acacia Street to the Clearwater Pass Bridge, excluding Bayside and Devon Drives, indicates Clearwater beach qualifies for CRA designation as it meets 5 of 7 possible indicators related to blight. He reviewed staff recommendations indicating CRA tools include a dedicated source of funds and the ability to condemn property for private purposes. It was recommended the Commission schedule a special meeting on Clearwater beach before CRA plans proceed. A report on the designation’s effect on the City’s budget was requested. According to Florida’s statute definition, Clearwater beach has no slums. Identified blight is related to infrastructure problems. The City Manager recommended addressing the CRA and Mandalay Streetscaping issues in separate meetings. A meeting to address beach CRA issues will be scheduled on Thursday. In response to a question, Mr. Shuford said a CRA would map out the City’s redevelopment plan for the beach. He said several owners are prepared to sell their properties to the right developer with the right project. He said developers have more confidence when a redevelopment plan has been established. A CRA would allow the City to address many issues such as lot sizes. Most CRAs develop slowly during the first years. The interim steps are planned for this slow period. Concern was expressed taxpayers not be burdened with distressed properties. Mr. Shuford said if the financial forecast does not predict success, CRA plans will stop. Sight Distance Concerns Concern was expressed landscaping planned to upgrade City intersections not interfere with sight distances. Drawings in the updated Land Development Code will illustrate sight distance requirements. The Commission recessed from 10:35 to 10:54 a.m. CA LEGAL DEPARTMENT Resolutions Res. #97-08 - Encouraging joint use of existing telecommunications towers and structures as an alternative to new tower construction, and encouraging joint use of new towers Background regarding the City’s position on telecommunication towers was requested. The City Manager said this resolution encourages joint use when feasible. It was noted the School Board is concerned regarding setting a precedent. It was stated some uses cannot share tower space due to technical reasons. OTHER CITY ATTORNEY ITEMS Attorney/Client Sessions The City Attorney requested an attorney/client session regarding Atrium at Clearwater, Ltd. versus the City be scheduled for January 27, 1997, at 9:00 a.m. Consensus was to so schedule. An attorney/client session regarding Patrick Media versus the City will be scheduled on Thursday. Draft ordinance relating to skateboards The City Manager said staff recommends being more positive and proactive regarding problems related to some skateboard uses. Damage to tiles at the Harborview Center is clearly visible. It was suggested erecting pillars there would discourage skateboarding. The City Manager said other surfaces are being considered. Staff is reviewing locations where skateboarders could practice. This item will be pulled from Thursday’s agenda. City Manager Verbal Reports Police Department Grand Opening The City Manager reported the Police Headquarters Grand Opening is scheduled for February 18, 1997, at 1:00 p.m. “To Listen and Act” report Assistant City Manager Bob Keller said the report provides the strategic framework for the City’s economic development. The plan was developed by senior City staff. The short term work plan is ambitious and includes measurements and time-lines. The City Manager noted the plan includes preliminary responses to the recent Bordner Report. Mr. Keller was complimented regarding the report. Miss Clearwater pageant The City Manager stated the City historically has co-sponsored the Miss Clearwater pageant. The classification requires no City funding but qualifies the pageant for a lower rental rate at St. Petersburg Junior College. It was suggested the City provide similar co-sponsorship to other organizations. Commission Discussion Items Countryside Recreation Center According to the January 6, 1997, memorandum from Parks & Recreation Director Ream Wilson, the East and Countryside Rotary Clubs raised $3,000 to extend operational hours at the Countryside Recreation Center. In addition, the clubs would augment staff with volunteers to help supervise the center, develop programs, and assist with maintenance. Staff met with Rotary representatives and determined a program similar to the successful “Martin Luther King - Moonlight Recreation Program” could be developed at Countryside. The center would be opened 28 additional hours per week from 9:00 p.m. to 1:00 a.m., Monday through Sunday, for 10 weeks during the summer when teens are out of school. The Police Department is willing to work with the program and feels it could benefit the community by providing teens and young adults a positive leisure time alternative. The Rotary wishes to commit their $3,000 contribution for 2 Seasonal Recreation Assistants for 20 hours per week for 10 weeks (400 hours) for a cost of approximately $2,900. This staffing level would provide at least one City employee on duty during the Moonlight Recreation Program and the ability to schedule 2 staff members one night per week. Staffing for a half hour pre-program work and half hour clean-up also is included. Staff recommends a minimum of two staff members on duty each night and recommends a higher level position coordinate and supervise the program. Staff recommends the City match the Rotary contribution for 1 Seasonal Recreation Instructor for 30 hours per week for 11 weeks (330 hours) at a cost of approximately $2,800. It was suggested similar programs be considered City-wide. Concern was expressed the program’s late hours may disturb neighbors. The Parks & Recreation Director will determine if similar programs are needed elsewhere and the Police Chief will report on potential problems related to the proposed schedule. The City Manager said the City had closed other avenues for young people’s late night recreation. Special Meeting The City Manager stated the Special Meeting with Robert E. Slavin, of Slavin Management Consultants, Inc., to develop a Candidate Profile Review regarding the City Manager replacement search, is scheduled for January 23, 1997, at 4:30 p.m. at the Pinellas County Commission Conference Room. Penny for Pinellas Referendum Materials The City Manager reviewed Penny for Pinellas materials. She noted criticism that the City had moved promised Penny for Pinellas funding from promised projects. In many cases, the Penny for Pinellas funding was replaced with other funding sources. For example, the City used more restrictive funds for road projects originally identified for Penny for Pinellas funding. She noted after the referendum passed, the original funding estimate of $76-million was reduced by approximately $20-million, requiring some projects to be cut. Future Work Sessions The City Manager thanked C-View staff for hosting today’s Work Session in their studio. She recommended scheduling future Work Sessions at these facilities until City Hall renovations are completed. The Work Sessions can be viewed from conference rooms in the Municipal Services Building. Other Commission Action Commissioner Johnson questioned the funding source for advertising supporting the Penny for Pinellas referendum. The City Manager reported a PAC (Political Action Committee) had been formed for this purpose. The City is paying for some public information materials. Commissioner Johnson expressed concern Harborview Center’s brochure advertises the St. Petersburg/ Clearwater Visitors Bureau. He recommended the organization list the cities in alphabetical order with Clearwater first. Commissioner Johnson congratulated Jazz Holiday for receiving the Tampa Bay Regional Planning Committee’s private sector award. The official presentation of a beautification award to the City will be scheduled for a future Commission meeting. Commissioner Hooper praised Tourism Director Jean Sherry’s presentation to the recent Suncoast League meeting at the Harborview Center, noting the importance attracting tourists. Commissioner Clark reported the MPO (Metropolitan Planning Organization) had voted to oppose FDOT’s request for additional federal funds for high-speed rail. Commissioner Clark reviewed the city of St. Petersburg’s volunteer program to enforce handicap parking regulations which costs $12,000 annually and generates revenues of $46,000. Discussion will be agendaed for the second meeting in February. Mayor Garvey questioned if the status of sign variances needs to be distributed to the Commission. Consensus was to discontinue distribution of the report. Commissioner Johnson was disappointed Clearwater was not designated as a ”sustainable community.” The City was one of a few cities that submitted completed applications prior to the deadline. Adjourn The meeting adjourned at 11:29 a.m.