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06/14/2004CITY COUNCIL WORK SESSION CITY OF CLEARWATER June 14, 2004 Present: Brian J. Aungst Mayor – departed 4:13 p.m. Frank Hibbard Vice-Mayor Hoyt P. Hamilton Councilmember – departed 5:10 p.m. William C. Jonson Councilmember Carlen Petersen Councilmember Also present: William B. Horne II City Manager Garry Brumback Assistant City Manager Ralph Stone Assistant City Manager Pamela K. Akin City Attorney Mary K. Diana Assistant City Clerk Brenda Moses Board Reporter The Mayor called the meeting to order at 1:02 p.m. at City Hall. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. Service Awards Nine service awards were presented to City employees. The Council recessed from 1:08 to 2:07 p.m. to meet as the Community Redevelopment Agency and Pension Trustees. Presentations Downtown Survey Results Director of Public Communications Doug Mathews presented the results of the Downtown Waterfront Redevelopment telephone and online survey. He said the survey sought to determine attitudes toward redevelopment, basis of citizen attitudes to certain public improvements to the Downtown Waterfront and Coachman Park, and factors important to citizens when voting. Internet results were comparable to those of the telephone survey. He noted the survey will remain on the City’s website for several weeks. The majority of respondents supported general improvements, the expansion of Coachman Park, a parking garage, and the marina; however, was unsure about the bandshell relocation. He reported some of the main findings were that redevelopment is important, the Downtown must attract more people, the public should vote on all plans, Coachman Park is an ideal concert/festival venue, and less than half trust government to implement a redevelopment plan. Discussion ensued in regard to 50% of participants indicating a mistrust for government. In response to a question, Mr. Mathews said the survey did not ask participants, if applicable, why they had a distrust for government. Concern was expressed the distrust in government was being misdirected and it was suggested the Council be more diligent in improving public involvement to change that perception. Discussion ensued in regard to future referendums and it was suggested the ballot not contain multiple questions, ballot language be more precise, and the development plan be more specific. It was recommended the City delay a future referendum until the bridge is completed and that the City focus on smaller successes in the meantime. Suggestions were made to return to holding town meetings, to educate residents on what TIFs (Tax Increment Financing) can do, and to separate the redevelopment of Downtown from that of Coachman Park. Purchasing 2004 Sterling L7501 cab and chassis with Vac-Con sewer cleaner body. 2004 Caterpillar 950G wheel loader with attachments. Maintenance of the City radio system during the contract period: July 1, 2004 through September 30, 2006. 15 each XLT5000 W9 mobile communications units installed and 24 each XTS 5000 portable radios with chargers. In response to a question, Purchasing Manager George McKibben said the 2004 Sterling L7501 cab and chassis is a replacement for a similar unit. Fire Chief Rowland Herald said the radio system maintenance contract covers the first phase of a CIP (Capital Improvement Program) radio replacement project. The City is replacing the analog radio system with a digital one. The old equipment is no longer produced and cannot be repaired. Budget Office Pass on first reading Ordinances #7308-04 and #7309-04 to amend the City’s FY 2003/2004 Operating and Capital Improvement Program (CIP) budgets at mid-year. General Fund General Fund revenues and expenditure amendments reflect a net increase of $30,000. The increase reflects the funding of $20,000 from unappropriated retained earnings to support the All-America City Award delegation and a $10,000 revenue increase in estimated sales collections at Pier 60. Other major revenue amendments reflect a net decrease of $470,000 in the Telecommunications/Sales tax category due to slower than anticipated collections of telecommunications tax. The receipts for telecommunications tax are slower than the City’s last fiscal year. However, offsetting this decrease, is an estimated increase of $300,000 in building permit revenue due to strong construction and reconstruction efforts throughout the City, as well as an increase of $170,000 in State Revenue Sharing due to stronger estimates provided by the State of Florida. General Fund Reserves – To ensure adequate reserves, the City Council’s policy reflects that General Fund unappropriated retained earnings of 8.5% of the City’s budgeted General Fund expenditures must be maintained as a reserve to guard against future emergencies. With the closing of the year-end 2003 books, and the allocation of reserves noted above, estimated General Fund reserves at mid-year are approximately $11.5 million, or 11.6% of the current year’s General Fund budget, exceeding the City’s reserve policy by almost $3.1 million. Significant amendments to other City Operating Funds are as follows: 1) Gas Fund - The Gas Fund reflects a net budget increase of $2,480,650, due to the increased cost of fuel due to price and volume sales. This is offset by an increase of revenues in the amount of $2,736,400, primarily due to increased gas sales; 2) Solid Waste Fund - Solid Waste revenues reflect a $128,500 increase in operating revenues at mid-year primarily due to increased roll-off and dumpster activity. Related program expenditures are expected to increase by $120,000, which is easily offset by the anticipated increase in revenues; 3) Recycling Fund - Recycling Fund revenues reflect a $42,200 increase in operating revenues and a $41,370 increase in anticipated expenditures at mid-year, primarily due to increased recycling activity and the resulting sales and cost of inventory; and 4) Capital Improvement Fund - Amendments to the Capital Improvement Fund total a net budget decrease of $2,212,117. The primary reason for this decrease is the $1,433,000 decrease in the Main Library project to bring budgeted revenue from the Library Foundation in line with current receipts. Future funds received by the Foundation will be recognized in the project as received. In addition, several projects are closed at mid-year, including the Sand Key Fire Station project. The only significant budget amendment not previously approved by the Council reflects the recognition of a grant from HUD in the amount of $114,110 for the Coronado/South Gulfview Streetscape project. Special Program Fund The Special Program Fund reflects a net budget increase of $1,215,474. Budget amendments reflect increases in public safety program projects totaling $124,874, predominantly reflecting amendments recognizing revenues received from court forfeiture fees. Community Development Block Grant projects recognize new funding in the amount of $535,095, representing program income recovered in prior years and allocated to Infill Housing and Housing Rehab projects. In addition, other significant project budget increases recognize $237,876 in Special Event Income and $133,475 in police outside duty revenues. In response to a question, Budget Director Tina Wilson said the special event income is a reimbursement for costs that have already been imposed. The same applies to police outside duties for work that already has been provided. Telecommunication tax revenues are 5% - 10% less than expected due to increased consumer cell phone use and added competition. In response to a question, she said state revenue sharing funds, estimated annually, are not funded by sales taxes. Information related to these funds generally is not available until after the budget process has been completed. Those funds are used for street maintenance. In response to a question, Assistant City Manager Garry Brumback said the permitting process has experienced a significant increase in volume. He stated staff is trying to service citizen needs as efficiently as possible. Development and Neighborhood Services Provide direction regarding the request by the Island Estates Civic Association to amend the Code of Ordinances to limit residential construction to a period of one year from the date of permitting. The Development and Neighborhood Services Department has received a letter from Mr. John Bozmoski, Jr., President of the Island Estates Civic Association, asking for a change to the Building Code. The request would change the Building Code to limit a residential construction project duration to a period of one year from the date of permitting. Their request is an attempt to control the amount of time in which a project has to be built. Currently, the City is required by State Statute to follow the 2001 Florida Building Code. Section 104.5 “Conditions of the Permit,” which restricts the time length that a permit is valid. This section restricts the life of a permit by stating, “Every permit issued shall become invalid unless the work authorized by such permit is commenced within 6 months after its issuance, or if the work authorized by such permit is suspended or abandoned for a period of six months after the time the work is commenced.” The Code allows renewal, re-issuance, and extensions of permits. The State Statute allows local governments to amend this section as long as it is more restrictive. The City Attorney has advised that the proposed change to the Building Code will be subject to review of the Pinellas County Construction Licensing Board (PCCLB). Department staff has met with Tampa Bay Builders’ Association (TBBA) and the Pinellas County Construction Licensing Board (PCCLB). Neither organization supports the requested time limitation for permits. They oppose this request due to many different issues such as labor issues, budget concerns, shortage of certain materials, etc. These organizations object to any additional time limitations and recommend the City continue to follow the Building Code as written. Additionally, meetings were conducted with the City Attorney’s Office. The City Attorney also has concerns with the proposed change that will be addressed at the Work Session. Some points to consider that support maintaining the current Building Code without the requested time limitation amendment: 1) Thousands of building permits are issued annually by the City and very few have been identified as being problematic to raise levels of awareness; 2) Many developments have multiple year permits and present no problems; 3) Enforcement action on a property may leave a project uncompleted. There would then be a concern of City liability; 4) If the City were to expire and end a permit, nothing would legally stop the issuance of another permit on the site; and 5) If a construction project were to be stopped prior to completion, due to proposed time limitations, with or without the placement of a lien on the property, the property might remain in an unsightly and possibly unsafe condition without resolution, indefinitely. Interested parties have been notified of this meeting to present their points of view of City Council's discussion and consideration. While, as stated in Mr. Bozmoski's letter, other municipalities enforce time limits, staff's recommendation is to deny the request to amend the Code of Ordinances, based on professional industry perspectives and concerns by the City Attorney's Office. Discussion ensued regarding the proposed amendment and concern was expressed in taking this drastic of a measure to address one problematic project. In response to a question, Building Official Kevin Garriott said the County does not support the proposal because it would not be consistent with state regulations. It was noted the code does not address aesthetics. Finance Pass on first reading Ordinance #7279-04, authorizing the City Manager to reduce bond requirements under limited circumstances where the City's liability is less than the full contract price, and authorize acceptance of alternate forms of surety. The Code of Ordinances currently requires a performance bond and payment bond, or a contract bond issued by a surety company licensed in Florida, in an amount at least equal to the contract price when deemed necessary to protect the best interests of the City. No other form of surety is authorized. A performance bond is required to protect the City's financial interest in completion of a project. A payment bond protects the City's interest in making sure that payment is made for materials required and the work of sub-contractors. The cost of a performance bond and a payment bond is typically 1.5% to 3% of the total contract award. This cost is passed back to the City in the bidding process. Many firms are unwilling or unable to commit bonding in that amount for the contract period. In limited circumstances, such as the installation of gas mains and service lines, the City's potential liability is reduced since the contractor does not utilize the work of sub-contractors and the City supplies all materials. Payment is not an issue in this contract. The total award for the current year is $700,000. Individual work orders for the previous year range from a few hundred dollars to $26,920, with the average work order being $977. Approval will allow for alternate forms of security, such as cash, money orders, certified checks, cashier's checks, an irrevocable letter of credit, or a security of a type list in Section 255, Florida Statute. Approval will increase competition and continue to provide sufficient protection of the City's financial interests. In response to a question, Mr. McKibben said the City could receive a money order, cashier’s check, etc. for a period of time, which would be returned at the end of the contract period. Such action would not affect City bonding requirements. At any given time, the City’s exposure would be 20% - 25% of the contract and the surety would only be in the reduced amount. Most contractors provide letters of credit. Managing Director Gas System Chuck Warrington said the change would allow the City to cover its liability without forcing the bond. Parks and Recreation Approve co-sponsorship and waiver of requested City fees and service charges for FY 2004/05 special events including six annual City events; and seventeen City co-sponsored events; at an estimated gross cost of $516,934.06 ($119,500 representing cash contributions and $397,434.06 representing in-kind contributions) for the purposes of departmental budget submittals. According to the City Code of Ordinances, there shall be an annual review of City-sponsored/co-sponsored events during the budget process. An agenda item approving co-sponsorship and the level of support for these events will be brought before the City Council at the beginning of the budget process each fiscal year. In the event additional money is requested beyond what is included in the approved budget, City Council approval will be needed before said additional funds are dispersed. Charts are available showing cash and in-kind contributions requested to be included in FY (Fiscal Year) 2004/05 budget for City sponsored and co-sponsored special events, inn addition to a 2003/04 approved spreadsheet. The total cash contribution is $15,000 (12.6%) lower than was approved for FY 2003/04. This decrease is due to the elimination of the request for $15,000 of one-time seed money for the Sunsets FantaSea of Lights. “In-kind contributions” increased by $79,040.06. “In-kind contributions” are included in operating budgets under various departments. The increase is due to more effective event cost tracking and the increase in salaries. Major increased areas are: 1) Police Department with an increase of $26,470 due to larger Fun N’ Sun Festival events and Sunsets Beachfest, which previously was considered as an extra duty assignment; 2) Fire/Life Safety and Inspections increased $4,764, as five events previously were not budgeted for, and the scope of the event changed the staff requirements for five other events; 3) Police Department with an increase of $59,000 due to traffic control issue related to Drew Street closures. This item is anticipated for this year only assuming the new bridge is open by September 30, 2005. The Special Events Committee recommends approval of all events. In response to a question, Parks and Recreation Director Kevin Dunbar said there are no plans to move some events from Coachman Park to the new stadium. Discussion ensued in regard to Coachman Park events and concern was expressed regarding traffic and closing Drew Street. Suggestions were made that one lane of Drew Street be kept open during events and that more events be tied to the Downtown Mainstreet Program. Staff was requested to provide the objective of each event and which ones are in partnership with other programs. Engineering Approve a work order supplement to Post, Buckley, Schuh & Jernigan, Inc. (PBS&J) in the amount of $384,999 for additional design and post-design services associated with the Beach Walk project, and authorize the appropriate officials to execute same. The original design work order was issued in November 2002, in the amount of $500,000. One supplemental work order for $46,071 to conduct a third public charrette was approved administratively in October 2003. Since then, PBS&J (Post, Buckley, Schuh and Jernigan, Inc.) has spent considerable time and effort outside of the original scope of services assisting the City in addressing issues including: 1) alternate Coronado Drive cross-sections and multiple meetings with Coronado property owners; 2) evaluation of the impacts of the change in flood zone; 3) computer modeling of alternative Beach Walk designs to mitigate the flood zone change; 4) preparation of a 3-D model; 5) additional topographic survey for existing finished floor elevations; and 6) meetings with staff regarding flood zone issues. In addition, this work order supplement includes: 1) fees for traffic signalization and maintenance of traffic design, which were not included in the original scope; 2) specialty lighting and structural consultants; 3) enhanced sidewalk design along S. Gulfview Boulevard to the Sand Key Bridge; and 4) post-design services as typically provided by the design consultant. The total contract amount is now $931,070, and final design is scheduled to be complete in January 2005. Sufficient budget and funding are available in the Capital Improvement Program project 315-92267, Coronado/ S. Gulfview Streetscape. In response to a question, Engineering Director Mike Quillen said approximately $2 million remains in the South Gulfview/Coronado project fund. The sidewalk design has been contracted separately. Some intersection improvements at Gulfview and Hamden have not been completed. Most of this project involves future work to be done. Changes would cost approximately $2 million dollars. This request covers a three- to four-year timeframe. Award a contract to Luke Brothers, of Holiday, Florida, the lowest most responsive bid for the Exotic and Invasive Species Control Project in the amount $225,000, and approve the grant agreement with National Fish and Wildlife Foundation/Pinellas County Environmental Foundation (NF&WF/PCEF) for funding in the amount of $106,000, and authorize the appropriate officials to execute same. The City applied for and was awarded a grant in the amount of $106,000 from Pinellas County Environmental Foundation for a program to remove and control listed exotic, invasive species from public properties, preserves, parks and rights-of-way. The grant was acquired based on an approved list of sites as follows: 1) Winding Wood/ Cypress Bend; 2) Cliff Stephens Park; 3) South end of Lake Chautauqua; 4) Drew Street and Bayview; 5) South of Enterprise Road, north end of Lake Chautauqua; and 6) Northeast and Old Coachman Park. Additional funding for the project is being provided to satisfy the Consent Orders that were entered into between the City and Florida Department of Environmental Protection (FDEP) for violations at the City's sewage treatment plants, which required an "in-kind penalty project" in the amount of $106,650. Lastly the project will partially satisfy the Consent Order between the Long Center and FDEP by the removal of exotics along Alligator Creek through the Long Center property. The bid from Luke Brothers provided costs per site and totaled $248,006, exceeding available funding. The award amount will be for $225,000. As the total bid included a contingency, it is hoped all work at all sites can be done. However, it is possible only a portion of the site south of Enterprise Road on the north end of Lake Chautauqua will be completed. There is sufficient availability in the Parks & Recreation Administration cost center, operating budget (010-01801) to fund the contract cost of $13,950 for the removal of the exotics along Alligator Creek through the Long Center property. Of the $212,650 project balance, $945.20 will be available for miscellaneous project costs and expenditures for educational materials as required by the Grant Agreement. Third quarter amendments will: 1) Establish the Capital Improvement Program (CIP) project, 315-96524, Exotic and Invasive Species Control and provide a budget of $106,000.00 for grant revenue from the NF&WF/PCEF; 2) Transfer the budget and Sewer Revenue of $106,000 from CIP project 315-96614, In-Kind Project - Exotic/ Invasive Species, to the 315-96524, Exotic and Invasive Species Control project. Expenditures incurred in 315-96614 of $654.80 for advertising and print shop services also will be transferred to the new project and 315-96614 will be closed; 3) Increase the budget in the new project and transfer $650 of Sewer Revenue from savings within the Water & Sewer Utility Fund cost center 421-01351, WPC Plant Operations. Combined with the $106,000 from 315-96614, the $650 will provide the funding required by the consent agreement between the City and FDEP for violations at the City's WPC facilities. In response to a question, Assistant Engineering Director Al Carrier said this agreement includes a guarantee the exotic and invasive plants would not grow back. He said some funds were used for advertising and educational brochures. If the work cannot be completed under this agreement, the job would be finished when funding becomes available. Approve a Highway Landscape Reimbursement and Maintenance Memorandum of Agreement with the Florida Department of Transportation, District Seven in the amount of $712,600, so that aesthetic improvements can be made to a portion of SR 60, and Adopt Resolution #04-13 authorizing execution of said Highway Landscape Maintenance Memorandum of Agreement. The City of Clearwater desires to improve and beautify the right-of-way area for State Road 60 from Memorial Causeway, 770 feet west of the Intracoastal waterway bridge to Chestnut Street at Palm Avenue, and to Court Street at Oak Avenue. FDOT (Florida Department of Transportation), District Seven, has allocated funds for landscape improvements in conjunction with the construction or reconstruction of SR 60 and the Memorial Causeway Bridge, under FP #257093-1-54-01, and is authorized pursuant to Section 334.044, Florida Statutes, to reimburse the City for eligible landscape expenditures. The amount available for this project is $712,600. A third quarter amendment will be made to increase CIP 315-93210, Memorial Landscape & Beautification by $712,600. The City of Clearwater will produce final planting plans, details and technical specifications for and install the project landscape improvements. Following the execution of this agreement, the City has 90 calendar days to submit landscape plans and specifications to the FDOT for approval. Upon installation of the landscape improvements, the City has agreed to maintain the same at its sole expense and in a reasonable manner. The City currently has resources in the Parks and Recreation Department budget that have been allocated to maintain the Memorial Causeway. The Parks and Recreation Department will need to re-evaluate resources needed for the project once the design has been completed. The revitalization and landscape enhancements of Court Street will leave a positive impression on visitors and residents alike. FDOT requires this Memorandum of Agreement to allow landscaping within their right-of-way. In response to a question, Assistant Engineering Director Glen Bahnick said the landscaping project is almost completed. Planning Approve Amendment to the Clearwater Comprehensive Plan related to the adopted Beach by Design special area plan and Pass Ordinance #7295-04 on first reading. In 2001, the City of Clearwater made numerous amendments to the Clearwater Comprehensive Plan to support the redevelopment of Clearwater Beach. Amendments were made to several different elements of the Plan, including Future Land Use, Transportation, and Conservation. The Comprehensive Plan designates a portion of the beach as a Community Redevelopment District. Within that district, a pool of additional hotel rooms was created and the locations where the pool could be used were identified. Policy 2.1.4 of the Future Land Use Element of the Clearwater Comprehensive Plan identifies three specific areas that are eligible for the pool. One area is on south beach and two areas are on north beach. The proposed amendment eliminates the pool’s availability from one of the north beach areas (the Yacht Basin site). In its place, it designates an area across the street from the Yacht Basin site, between Mandalay Avenue and the Gulf of Mexico, and between Baymont and Rockaway streets. This revision to the pool’s location reduces the total amount of acreage for pool availability by approximately 1.6 acres. The Planning Department has determined that the proposed amendment is consistent with other provisions of the Clearwater Comprehensive Plan, will further the City’s redevelopment goals, will not adversely impact the use of property in the immediate vicinity, will not adversely affect the natural environment or property in the immediate area, and sufficient public facilities exist to implement the proposed amendment. Because this is a text amendment to the Comprehensive Plan, review and approval by the Florida Department of Community Affairs is required. Concern was expressed this amendment is site-specific and it was felt all areas of the beach should be evaluated before any amendments are adopted. Long Term Planning Manager Gina Clayton said the City has been thorough in developing the area for south beach and development opportunities exist on north beach She said the area across from the Yacht Basin is appropriate for the pool due to its proximity to the dry sand beach, its location adjacent to an area available for the pool and assembly opportunities. Assistant City Manager Ralph Stone said the number of units in the pool were expanded in order to have a north beach presence in terms of significant redevelopment. The minimum project size is 200 units. He noted active opportunities include the current Howard Johnson and the Red Roof Inn/Travel Lodge sites. Discussion ensued in regard to utilizing all the units in the pool and that none be wasted. Mr. Stone said the Board of County Commissioners is funding a study to review impacts due to the conversion of hotels into condominiums and what alternatives can be put in place to preserve the tourism industry. Approve Amendments to Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines and pass Ordinance #7294-04 on first reading. In 2001, the Clearwater City Council adopted Beach by Design: A Preliminary Design for Clearwater Beach. This special area plan governs a portion of Clearwater beach and sets forth a series of revitalization strategies for land use, mobility, off-street parking, catalytic projects, economic feasibility and financing, and design guidelines. Amendments are proposed to provisions relating to the density pool of additional hotel units and required characteristics of resorts using the pool in the Catalytic Projects section of the Plan. The amendments address: 1) Extending the length of time the pool of additional hotel rooms is available; 2) Deleting the provision that requires airport shuttle service to be included in the basic resort room rate; 3) Refining the types of kitchen facilities permitted within resorts using the density pool; 4) Eliminating the requirement that resorts using the density pool be subject to a covenant obligating the resort to participate in a Clearwater beach operation and maintenance assessment program; and 5) Making changes to north beach areas eligible for the resort pool. The Planning Department has determined that the proposed amendment is consistent with provisions of the Clearwater Comprehensive Plan and Community Development. The CDB (Community Development Board) will review the proposed amendments to Beach by Design: A Preliminary Design for Clearwater Beach in its capacity as the LPA (Local Planning Agency) on June 15, 2004, and make a recommendation to the Council. The Planning Department will report the recommendation on June 17, 2004. In reference to the proposed elimination of the requirement to participate in the beach operation and maintenance assessment program, Mr. Stone said the original concept was for beach activities to be supported by a special assessment district. The City Attorney said everyone in the impacted area is required to participate when an assessment program is implemented. This amendment requires the party to not object to the assessment, although no assessment currently exists. Ms. Clayton said the PPC (Pinellas Planning Council) and DCA (Florida Department of Community Affairs) did not require these elements for the pool. The incentives were developed for the private sector. The City is not required to send these changes to the DCA and PPC, except as a “receive and file” procedure. Approve the Land Use Plan Amendment from the Residential Urban (RU) category to the Recreation/Open Space (R/OS) category and Zoning Atlas Amendment from the Mobile Home Park (MHP) District to the Open Space/Recreation (OS/R) District for property located at 2950 Glen Oak Avenue (Kapok Mobile Home Park) (consisting of metes and bounds 41/02 in Sec. 8-29-16) and Pass Ordinances #7302-04 & #7303-04, on first reading. The subject site consists of one parcel of land approximately 36.6 acres in area. The entire site is located at the western terminus of Glen Oak Avenue, approximately 800 feet north of Drew Street and 500 feet west of McMullen-Booth Road. The Engineering Department requests to amend the Future Land Use Plan map designation of this parcel from Residential Urban (RU) to the Recreation/Open Space (R/OS) classification. The amendment is requested by staff to redevelop this parcel into the Kapok Wetland and Flood Restoration Project. Additionally, a zoning atlas amendment is requested to rezone the parcel from Mobile Home Park (MHP) District to Open Space/Recreation (OS/R) District. The Planning Department determined the proposed 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 consistent with the Open Space/Recreation zoning district regulations; and 3) The application will be beneficial to the surrounding communities and the natural environment. In accordance with Countywide Plan Rules, the land use plan amendment is subject to approval of the PPC and Board of County Commissioners, acting as the Countywide Planning Authority. Based on the size of the plan amendment site, review and approval by the DCA is required. The CDB reviewed this application on its consent agenda, without opposition, on May 18, 2004 and unanimously recommended approval. Mr. Quillen said there will be a construction access and most construction equipment will remain on site for most of the project. The City Manager said the City has been responsive to neighborhood concerns during construction. In response to a question, Ms. Clayton said staff has not spoken to anyone in this neighborhood regarding annexation. She was unsure why a citizen’s letter implied that the City was not interested in annexing the neighborhood. The City is willing to assist all who wish to annex voluntarily into the City. Approve the Work Order to TBE Group, Inc. for professional services to prepare an update to the Floodplain Management Plan in the amount of $35,670.60 and authorize the appropriate officials to execute same. The City of Clearwater participates in the National Flood Insurance Program (NFIP) so that properties within the City are eligible for federally backed flood insurance. Additionally, the City participates in the Community Rating System (CRS), a voluntary flood insurance rating system that seeks to: 1) reduce flood losses; 2) facilitate accurate insurance ratings; and 3) promote the awareness of flood insurance. The CRS has 18 creditable activities in the areas of public information, mapping, flood damage reduction and flood preparedness that communities may pursue to achieve these goals. Communities accrue credit points based on the floodplain management activities pursued and are issued a rating. Based on the number of points the City has attained, it has a CRS rating of Class 7. This rating enables Clearwater property owners in the special flood hazard areas (SFHA) to receive a 15% discount on flood insurance premiums. Those areas outside of the SFHA receive a lower discount. The Insurance Services Office, Inc. (ISO) is required to conduct a cycle verification review every five years for Class 7 communities to ensure that all credited floodplain management activities are being implemented. The City had its most recent verification review in the Fall of 2003. The ISO concluded that the City’s Floodplain Management Plan does not meet the requirements of the current CRS Coordinator’s Manual due to changes in the federal requirements. In order to continue to receive points, the plan must be updated in compliance with Manual requirements. The Clearwater Planning Department originally intended to prepare this required update in-house. Due to recent staff losses, however, it is unable to perform this task, submit it to the City Council for review and approval, and then to the ISO by October 1, 2004. The Department is requesting that the City Council approve a work order for professional services for TBE Group, Inc, an Engineer of Record, to prepare an updated Plan in compliance with CRS Manual requirements. The City has received a one-month extension for submitting the updated Plan to the ISO; therefore the updated document will be submitted to the City Council for review and approval in October and then submitted to the ISO prior to November 1, 2004. In response to a question, Ms. Clayton said every five years the City must update its floodplain management plan. As the federal government has changed its rules, the City needs to begin the update a year early. Approve the Signs and Miscellaneous chapter of the Downtown Design Guidelines. As presented at the December 18, 2003, City Commission meeting, the development of the Downtown Design Guidelines have been organized into four parts: 1) Design Principles; 2) New Construction; 3) Treatment of Designated Historic Structures; and 4) Signs and Miscellaneous. The Design Principles were approved by the City Council on December 18, 2003. The New Construction chapter was approved on April 15, 2004 with the understanding that additional guidelines will be developed regarding architectural styles of new construction on Cleveland Street and Ft. Harrison within the Downtown Core. The Rehabilitation of Designated Historic Structures chapter was approved on May 20, 2004. The subject of this agenda item is the chapter regarding Signs and Miscellaneous and focuses on: 1) Signs; 2) Lighting; 3) Property Maintenance; 4) Properties along the Pinellas Trail; 5) Utility/Infrastructure Facilities; and 6) Corporate Design. All subsections are organized by topic with accompanying principles and subsequent “appropriate”/“inappropriate” supporting statements, photographs, drawings and other images to guide appropriate development/redevelopment. The Planning Department recommends approval of the Signs and Miscellaneous chapter as presented by the Committee. Planning Director Cyndi Tarapani said electronic message and sandwich board signs will not be permitted in Downtown. Manual changeable copy signs will be limited to 25% of the total sign area. Staff proposes installing directional signs that list business names on each block within Downtown rights-of-way. In August 2004, staff will present a proposal regarding transitional zones and architectural style issues on Cleveland Street. The modification of buildings not classified as historical will be addressed in the applicability section. City Manager Approve the request from the Pelican Walk Parking Garage developer for an extension of time to initiate construction of the project, and approve extending the construction deadline for commencement of construction of the Pelican Walk parking garage, from August 26, 2004, until March 31, 2005, and necessary contract amendments to implement the extension. On July 17, 2003, the City Council approved a contract with B.J.E., Inc. (Pelican Walk) to construct a 300-space parking garage open to the public on a "first come, first serve" basis for a period of 30 years. The City agreed to provide Pelican Walk a grant of $1.4 million to assist in the development of the garage and to guarantee public access to the garage. This action occurred after several years of analysis and negotiation for additional north beach public parking. The contract required the design of the garage to be of high quality, similar to garages in Centro Ybor and Channelside. The contract was executed on August 26, 2003, and Pelican Walk had one year to initiate construction of the project. On November 20, 2003, Assistant City Manager Ralph Stone sent correspondence to Pelican Walk expressing concern regarding the timeframe remaining to start construction of the project by August 26, 2004. The contract requires Pelican Walk to provide all designs to the City's Owner's Representative for review of the exterior design and functional design of the garage. A separate site plan review is also required through the DRC (Development Review Committee) and CDB. The site plan application was submitted to the Planning Department on February 27, 2004, and was reviewed by the DRC on April 1, 2004. Both the DRC and City's Owner's Representative indicated that the design of the project did not meet the requirements of the contract, Beach By Design, standards within the Code, or functional concerns expressed by the City's Owner's Representative. As a result, Pelican Walk concluded that the August 26, 2004, deadline to start construction would not be possible and on May 4, 2004, formally requested the City to consider a six-month extension of the contract. If approved, this change would extend the date to start construction to February 26, 2005. Subsequent to this request staff met with the Pelican Walk owner on May 19 and 20, 2004, at which time the Pelican Walk owner indicated a desire to add 37 condominium units to the project. Staff previously has advised the owner that this amount of unused development potential remains on the site. Specific confirmation of the available development potential will be determined by the Planning Department based on data provided by the developer during the site plan review process. Staff does not object to this proposal and feels this would serve to allow the property owner additional revenue to support the upgraded design required for the parking garage. All parking spaces associated with the condominium units would be required in addition to the 300 spaces in the public portion of the garage. This modification will require an amendment and re-submittal of the owner's site plan and, therefore, will extend the timeframe necessary to initiate construction. Staff has proposed a construction deadline of March 31, 2005, and the Pelican Walk owner has agreed to that date. Administration believes that this project remains an appropriate investment in public parking in the Mandalay Avenue retail corridor and would provide additional parking for beach patrons. However, if Pelican Walk does not meet its obligations, the City would explore additional options for north beach parking. Several opportunities may be available to joint venture with other private interests in the near future. If Pelican Walk does not perform, staff would want to evaluate alternative opportunities as soon as possible. Mr. Stone said the number of parking spaces required and the City’s participation from a funding perspective will not change when the project is modified. This change merely extends the timeframe. The agreement would change if the developer builds condominiums on top of the garage. The City Attorney said the agreement currently provides, if the developer builds the 200 parking spaces, the City cannot construct competing spaces within 1,000 feet for a period of five years or until occupancy is stabilized. If he chooses to build residential, that provision goes away. This agreement does not grant the developer the right to construct residential units just allows him to apply. Other City Attorney Items Authorize the City Attorney to appeal final judgment in the case of School Board of Pinellas County v City of Clearwater. The City Attorney reported on the St. Petersburg Junior College and the School Board of Pinellas County vs City of Clearwater case, which relates to stormwater fees. She said the City has settled with the College. Judgment in the amount of $333,000 was awarded to the Pinellas County School Board. The City Attorney requested permission to appeal the judgment. Assistant City Attorney Paul Hull said in 1991, the City passed a stormwater utility ordinance and began assessing fees for the collection and treatment of stormwater for all properties in the City. After a court ruling invalidated the City of St. Petersburg’s stormwater utility fee as to the Pinellas County School Board and St. Petersburg Junior College, those entities filed a suit for Declaratory Judgment and Damages against the City of Clearwater on November 9, 1999. That suit sought to invalidate Clearwater’s utility fee as applied to the school board and the college and to obtain reimbursement of fees already paid. The City settled the case as to St. Petersburg Junior College. Because of recent court decisions, the City Attorney believe this judgment contains errors and seeks authorization to appeal this judgment to the Second District Court of Appeals. In response to a question, Mr. Hull said it costs $250 to appeal plus staff time. City Manager Verbal Reports RFP – South Beach Pavilion Councilmember Hamilton recused himself. A RFP (Request for Proposal) solicitation was released on May 10, 2004, to evaluate the potential for a short-term lease of three years with 24 month-by-month options. The short-term lease was necessitated by the pending development of Beach Walk, a City Development Initiative, which has significant impacts on site accessibility, parking and design features, yet to be defined. The selection criteria were published as part of RFP #20-04 and the proposals were evaluated against those criteria. No amended proposals were allowed after the bid opening. Documentation on file of legal discussion indicates one bidder elected to “not pursue the proposal initially submitted,” which eliminated consideration of one of three proposals. The remaining two proposals were evaluated as presented below. Selection criteria and average score of the five-member board are summarized. Scores are based on each non-financial return factor being worth 5% or five-point total, and the one financial return factor worth 50%. For the purposes of comparison, the financial returns were converted to a representative five-point range, with the highest return given 100% weight and all 50 percentage points, and the second bidder a proportional weighted percentage of 91.26% or 45.63 percentage points. Selection criteria included: 1) Successful Experience in Pinellas County providing similar concession services. Bidder A score 3, Bidder B score 1; 2) Successful experience in Pinellas County managing and operating a public building. Bidder A score 1.2, Bidder B score 1; 3) Documented need within community for program and services, and how you plan to meet need. Bidder A score 2.4, Bidder B score 3.2; 4) Clearly defined measurable impact to the community. Bidder A score 2.4, Bidder B score 3.6; 5) Responsiveness and completeness of written response to these instructions with regard to scope of project. Bidder A score 3.6, Bidder B score 3.8; 6) Reports from references Bidder A score 3.8, Bidder B score 2.8; 7) Compensation or financial benefits to the City of Clearwater. *Normalized to 5-point scale. Bidder A score 4.56, Bidder B score 5. The actual projected dollar figures were computed against historical site sales and in dollar figures were, $130,161.47 (Bidder A) and $142,620.78 (Bidder B); 8) Longevity of applicant providing these services. Bidder A score 2.8, Bidder B score 1.4; 9) Proven ability to partner with public and private sector. Bidder A score 2.6, Bidder B score 2; 10) Proven ability to raise funds to support operational and capitol costs Bidder A score 3.2, Bidder B score 2; and 11) Fullness and extent of resources available to and used by applicant. Bidder A score 2.8, Bidder B score 2.8. Marine & Aviation Director Bill Morris reviewed the selection criteria. He said staff had considered taking over the South Beach Pavilion operation, but found it was not cost effective. Mr. Stone said two major issues are associated with Beach Walk; 1) uncertainty that removing all parking west of South Gulfview would affect the future of the concession, and 2) as the Beach Walk design is refined, the City needs to decide if the beach concession should remain, and consider how it fits into the overall design of Beach Walk. Mr. Stone said capital improvements to the facility are needed. He said there are a lot of questions regarding the viability of the concession facility. As a result of the rankings and the issues associated with Beach Walk, it was the opinion of the selection committee that all bids be rejected. He said the City Manager has decided to reject all bids and is considering closing the facility and evaluating its use. Concern was expressed in lost revenues if the pavilion is closed. Mr. Morris noted lifeguard salaries are paid directly out of the parking fund. He said the revenue generated by the South Beach Pavilion goes into the General Fund. Discussion ensued in regard to how Beach Walk would affect whether the South Beach Pavilion would remain. Mr. Stone said decisions need to be made regarding type of concession, current maintenance activities, beach rentals, hardscape, and the cosmetics of the building. Mr. Morris noted the pavilion is seaward of the CCCL (Coastal Construction Control Line) which presents engineering issues. In response to a question, Mr. Morris said all three bid proposals were on time. The City Attorney said it is within staff’s discretion to throw out all bids if they do not meet management’s expectations. The City Manager said some preferred a timeframe longer than three years. It was suggested a future RFP provide more time for bidder responses. In response to a question, Mr. Morris said the vendor currently provides public restrooms. It was felt alternatives need to be found as soon as possible. Memorial Causeway Bridge The City Manager reported that the Florida Department of Transportation (FDOT) is granting PCL Civil Constructors, Inc. an extension to June 17th to respond regarding the Memorial Causeway Bridge. Pinellas County Charter Review Commission He said the County Charter Review Commission will be asking the voters to extend their timeframe to November 2004 through November 2006. The Commission will try to get consensus from the legislature, county and cities. Item - Short Term Rental Update Development Services Director Jeff Kronschnabl reported on short term rental activity on the beach. Staff is in close contact with the CBA (Clearwater Beach Association) to apprise them of enforcement efforts. Staff is working with the Legal Department regarding some short term rentals that have offered to come into compliance. In response to a question, Mr. Kronschnabl said a group of investment property owners have filed a lawsuit against the City. Ms. Akin expected the case will go to trial within 45 days or more. She said some property owners have requested forbearance but the City has not agreed. Mr. Kronschnabl said staff continues to receive complaints at some short term rental locations. Council Discussion Items Discuss conflicts with Aug 19 and Nov 18 Council Meeting Dates Consensus was to reschedule the August 19, 2004, City Council meeting to Monday, August 16 at 5:00 p.m. There will be no Work Session for this meeting and, therefore, no consent agenda. There will be no change to the November 18, 2004, City Council meeting. December meetings are scheduled for December 2 and 16, 2004, with Work Sessions scheduled for November 29 and December 13, 2004. There will be one meeting in January 2005, on January 20, with a Work Session on Tuesday, January 18, 2005, due to the Martin Luther King holiday on Monday. Letter to Florida Department of Transportation (FDOT) re Design Issues on US 19 - Jonson Consensus was to discuss the letter on Thursday. Other Council Action Jonson anticipated a shortfall in his travel budget for the rest of the year. Councilmember Hibbard offered to transfer some of his travel budget funds to Councilmember Jonson. This issue will be discussed Thursday night. Adjourn The meeting adjourned at 5:25 p.m.