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04/04/2005CITY COUNCIL WORKSESSION MINUTES CITY OF CLEARWATER April 4, 2005 Present: Frank Hibbard Mayor – departed 12:24 p.m. William C. Jonson Vice-Mayor Hoyt P. Hamilton Councilmember Carlen Petersen Councilmember John Doran Councilmember Also present: William B. Horne II 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. Devel/Neighborhood Services Pass Ordinance #7381-05,on first reading, revising Appendix A, Schedule of Fees, Rates, and Charges, Buildings and Building Regulations (related to Sec. 47.083), code of ordinances, to charge a Refundable Permit Fee of $200 to holders of expired permits. Some contractors are doing work within the City who fail to call for final inspections on their project. As a result many permits are not “closed out” and therefore expire. It takes an extraordinary amount of time outside of the normal processes and procedures for City staff to go back, research, follow up, and enforce on expired permits. The goal is to try to eliminate expired permits and ensure that construction has met the Florida State Building code requirements. To accomplish it, staff is recommending a $200 refundable permit fee be placed against holders of expired permits, as follows: 1) City will mail letters to contractors to notify them of a one time only 90-day amnesty “grace” period (upon enactment of the ordinance) that will give them the opportunity to close out any expired permits; 2) Once the grace period is over, the holders of expired permits will be charged a $200 permit fee for each new application or renewal of previous permit application; 3) The $200 permit fee will be maintained in a City liability code and refunded if the permit holder "closes out" the permit through the final inspections. If the permit holder does not close out the permit and the expiration date occurs, the $200 fee will be forfeited and recognized by the City as revenue at that time. The budget then will be amended to recognize the revenue on a quarterly basis, if deemed necessary by the City Manager, to provide funding to Development and Neighborhood Services Department through budget amendments to provide temporary personnel support to appropriately follow up with enforcement action on the permit holder. The Development and Neighborhood Services staff has met with the PCCLB (Pinellas County Construction Licensing Board) and the TBBA (Tampa Bay Builders Association) and they are in agreement with the proposal. Staff recommends approval. In response to a question, Building Official Kevin Garriott said staff reports to the PCCLB, contractors who do not finish or complete projects properly. Development Services Director Jeff Kronschnabl said staff will go back six months to impose this new fee. Contractors with no history of outstanding violations will be educated about the fees. Mr. Garriott said contractors can fax permit applications for emergency installations, such as water heater replacements, to allow later inspections. He recommended contractors not be penalized when homeowners refuse access to inspectors. Finance Adopt Resolution #05-17 authorizing the refunding of the outstanding Stormwater System Revenue Bonds, Series 1999 and authorize the appropriate officials to execute same. The Stormwater System Revenue Bonds, Series 1999 (interest rate 4.45% to 5.75%) are eligible for advance refunding. The outstanding bonds are callable on November 1, 2008 through October 31, 2009 at 101% of the par amount of the bonds outstanding and November 2, 2009 and afterwards at 100% of the par amount of the bonds outstanding. Ordinance #6378-99 was adopted on April 15,1999 and Ordinance #6931-02 was adopted on July 18, 2002. Both ordinances authorize the issuance of Stormwater Revenue Bonds by resolution. With interest rates in a state of uncertainty, at some point it may become beneficial to do an advance refunding of this bond issue. By passing this resolution, the City will be prepared to move quickly and realize the maximum savings possible. The latest estimated present value savings of refunding the Stormwater System Revenue Bonds is $370,444.29 or 5.894%. The bonds will be refunded only if adequate savings are going to be realized. In response to a question, Finance Department Controller Bill Kleinsorge said the estimated costs are $100,000. Equity Services 1. Appointment of Senior Center Task Force Equity Services Director Eleanor Breland reported eight applications have been received. Parks & Recreation Board members have expressed interest in participating. Ms. Breland will submit the applicant names. Marine and Aviation Discussion regarding Boating Access. The City Manager questioned if the City Council wants the City to get into the boat storage business, and if it is interested in declaring property around the Seminole Street boat ramp, surplus. Assistant Director of Marine & Aviation Bev Buysse reviewed boat storage facilities in the City and County. If the City is interested in the boat storage business, it must consider costs for services, amenities, construction, and personnel, along with potential revenues. She reviewed start-up and operating expenses and potential revenues for boat storage facilities. Discussion ensued with recommendations that the City not sell any waterfront properties,and the entire public having the right to use City waterways. Information was requested regarding the City lawn bowling and shuffleboard site. The City Manager said staff will research options and costs, develop a timeline for pursuing options, and submit them to the Council. Parks and Recreation Approve the transfer of $52,000 from Recreation Facility Impact Fees to Capital Improvement Project 93253, Ross Norton Recreation Complex and Extreme Sports Park to cover increased construction costs. The City entered into an agreement with Angle & Schmid Inc., St. Petersburg, Florida to construct a new recreation center at Ross Norton Park. Under separate contracts with the City, Angle & Schmid Inc. also was constructing the Skate Park (Extreme Sports Park) at the same site. During construction and prior to the purchase of supplies for the Extreme Sports Park, the cost of concrete, fencing, and steel, increased substantially. Staff requests that available recreation impact fees of $52,000 be transferred at midyear to supplement the budget to cover the increased costs. The grand opening of the new Recreation Center and Extreme Sports Park is scheduled for May 21, 2005. In response to a question, Parks & Recreation Director Kevin Dunbar reported the impact fee account balance is approximately $10,000 and is earmarked for open space costs and the Joe DiMaggio site demolition. Approve License Agreement with Emerald Coast Bungee, Inc. to provide entertainment concessions at Pier 601 Park and authorize the appropriate officials to execute same. Emerald Coast Bungee, Inc. has provided successful entertainment concessions at Pier 60 Park on a trial basis over the past year. During that time, Emerald Coast Bungee, Inc., operated a climbing wall and trampoline bungee jump. The City makes 25% of gross revenue, which amounted to $63,107.25 last year. Staff has included revenue from entertainment concession in the general fund budget to offset some of the costs of operating the Parks and Recreation Department. Emerald Coast Bungee is required to carry an occurrence-based ISO policy with coverage limits of $1 million per occurrence and $2 million aggregate, listing the City of Clearwater as additionally insured. Staff recommends approval of the License Agreement between Emerald Coast Bungee, Inc. and the City. The City may cancel the Agreement at any time during the year. In response to a question, Mr. Dunbar said Emerald Coast Bungee is responsible for safety inspections. It was recommended that a policy be implemented to prevent concessionaires from turning the beach into a carnival-type atmosphere and preventing the public from enjoying the beach. Public Communications Receive report regarding BeachWalk Communications Plan. Public Communications Director Doug Matthews presented a communication plan for BeachWalk construction. In response to a question, he said the CVB (Convention and Visitors Bureau), the chambers of commerce, and hoteliers are working together regarding webcams and links to the City’s website. He said the City is buying two portable webcams that can be relocated once BeachWalk construction is complete. Mr. Matthews said staff does not plan to hold regular meetings with residents, but will use other communication tools to keep them informed about BeachWalk construction issues. Some homeowner association meetings have occurred, however, there was no strong demand to hold additional meetings. The plan is geared toward external communications regarding traffic, etc. Public Works Administrator Mashid Arasteh said project developers will be invited to stakeholder and hard hat meetings. Constant communication will occur. Discussion ensued regarding the best method of communicating traffic delays. Mr. Matthews said radio transmissions related to traffic conditions are at a station’s discretion unless the City pays for constant updates. It was suggested that changeable message board signs could be useful if they do not adversely affect businesses. Economic Development/Housing Director Geri Campos said staff is researching animation costs and hopes to piggyback on the Hyatt’s efforts. Engineering Award a Contract for the Glen Oaks Stormwater management Project (20-0030-EN) to David Nelson Construction for the sum of $7,602,219.57 which is the lowest responsible bid received in accordance with the plans and specifications and authorize the appropriate officials to execute same. This project is the highest ranked capital project for the Stevenson Creek Watershed Plan. This Project will serve as a stormwater management facility with park amenities. Within the limits of the 31.54 acre site, five stormwater management areas, totaling approximately 21 acres, will provide flood protection from a 100-year design storm for 33 nearby structures (78 dwelling units), and provide water quality treatment for 1,193 acres of highly urbanized tributary drainage area. In addition, the project will reduce the rates of downstream bank erosion, and sedimentation and create approximately 4.30 acres of vegetated wetland habitat. The recreational components will include two lighted regulation size soccer fields, a trailhead for a future spur of the Pinellas Trail, bicycle trails, pedestrian paths, playground area, observation docks, gazebo and a restroom/vending shelter. At a public meeting at the Glen Oaks Golf Course on August 29, 2002, approximately 30 citizens expressed concerns about the project. On October 3, 2002, the City Commission approved the item, authorizing Parsons Engineering Science Inc., to provide engineering design and permitting services for the Glen Oaks Stormwater Management project. In addition, the Commission directed staff to hold an additional public meeting at the 30% design phase to address public comments on the design. On March 5, 2003, the 30% meeting was held to get input and receive comments from the public. On May 15, 2003, the Commission directed staff to modify the design based on public input, to incorporate a 9:00 p.m. light curfew, include additional parking, and move the restroom closer to the parking area. The Project will be cooperatively funded by FDEP (Florida Department of Environmental Protection) - $1,549,802.73, SWFWMD (Southwest Florida Water Management District - $1,549,802.73, and Stormwater Utility Fund - $4,502,614.11, for a total of $7,602,219.57. The project will commence after award and execution of the contract with duration of 420 calendar days. The estimated increase in annual maintenance costs, beginning in FY (Fiscal Year) 2007 as a result of the completion of this project, are $21,480 from the Stormwater Utility Fund, $10,000 from Urban Forestry, and $140,270 from Parks & Recreation, for a total of $171,750. This includes the addition of two new FTEs (full time equivalent) maintenance positions in Parks & Recreation. In response to a question, Assistant Director Engineering Al Carrier said City costs for concrete and steel will not change even if product prices increase. He said costs for the Morningside Meadows project includes collection system repairs. He said the two new FTEs will be entry-level, roving positions. Staff generally outsources work only for small, difficult areas, not larger ones. He said SWFWMD and FDEP cannot contribute funds to non-stormwater items. Discussion – Pedestrian Bridge to beach Traffic Operations Manager Paul Bertels said at their last meeting, MPO (Metropolitan Planning Organization) staff requested direction related to projected cost overruns for the Mandalay bridge. Reserve funds are available in CMAQ (Congestion Mitigation and Air Quality.) The City of St. Petersburg also is interested in those funds. Mr. Bertels requested the item be tabled to obtain Council direction. Engineering Director Mike Quillen said Clearwater is $1.9 million short of construction estimates presented in 2000. He said FDOT (Florida Department of Transportation) and CMAQ were to have funded the original estimate of $2.8 million. Some funds could be transferred from the Parks & Recreation Department’s recreational trail CIP and the streets, sidewalks and bridges CIP. FDOT wants CMAQ funds used for items already in the pipeline. Mr. Quillen said the original estimate for the bridge included inflation. Mr. Bertels said the high cost of concrete and steel are responsible for the cost overruns. Discussion – Drew Street Closure at Myrtle Director of Public Services Gary Johnson said staff is trying to determine the way to close Drew Street in both directions at Myrtle Avenue with minimum impact. The contractor prefers totally closing the intersection for six weeks to complete work. The alternative is to close only Drew Street for three weeks on two separate occasions. Ms. Arasteh said staff has suggested modifying Cleveland Street parking during the closure. Work on Cleveland Street will be delayed until the bridge is complete. A preference was expressed for closing the entire intersection for six weeks. Ms. Campos said the Downtown businesses seem to support adding parking to the south side of Cleveland Street and removing it from the north side temporarily but are resistant to it remaining that way until the bridge opens. Ms. Arasteh reviewed a recommendation to designate five 15-minute parking spaces in the Station Square parking lot for Post Office use. Ms. Campos said that may not be possible as Station Square Park construction may start around the same time. It was recommended Cleveland Street be restriped until the bridge opens to allow two lanes of traffic in each direction, no left-turn lane, and parking on the south side of the street . Ms. Campos said that configuration would remove parking from the north side of Cleveland Street for almost two years. Mr. Johnson did not know on which side of the street parking was planned once construction starts on the Cleveland Street streetscaping project. Staff will report on the effect of these changes on nearby roads, such as Ft. Harrison and Myrtle avenues. Ms. Arasteh requested that preparations for the change begin on April 15, 2005. Consensus was to support the configuration allowing two lanes of traffic in both directions until the bridge opens. Discussion – Parking on Cleveland Street See item above. Official Rec and Legislative Svc Appoint two members to the Airpark Advisory Board with the term expiring on April 30, 2009. City Clerk Cyndie Goudeau said if additional people apply, she would pull this item from Thursday’s Consent Agenda. Appoint one member to the Library Board with the term expiring on April 30, 2009. Consensus was to place the appointment of Lorelei Keif on the consent agenda. Appoint two members to the Neighborhood and Affordable Housing Advisory Board (NAHAB) with the term expiring on April 30, 2009. Consensus was to place reappointment of Josephine Carbone and Laurel Braswell on the consent agenda. Billboard Lobbyist Ms. Goudeau said Senate Bill 1850 mainly prohibits vegetation from blocking views of billboards. The City’s lobbyist, the Pennington Law Firm, represents the outdoor advertising industry and therefore has a conflict of interest regarding this issue. She reported she contacted Bill Pebbles, who has represented the City on billboard issues in the past and he is willing to do so again for $5000. Consensus was to retain Mr. Peebles. His fee will be deducted from the fee paid to Pennington. City Attorney Approve a settlement in the case of P. Thanh Nguyen & T. Kim-Truc Nguyen v. City of Clearwater in the amount of $10,000. The Plaintiffs owned property at 3006 Gulf-to-Bay Boulevard that had been leased as an adult nightclub. The tenants vacated, and the subsequent tenants were denied an occupational license for use as an adult nightclub because it was a non-conforming use. The Plaintiffs sold the property in 2002 for $415,000, which they claim is under market value because there were no other viable economic uses for the property. The property was later sold in October 2003 for $657,500. The Plaintiffs filed a suit claiming damages under 42 US §1983 for depriving plaintiffs of the economically viable use of their real property. The City Attorney said if this case went to court, litigation costs and associated risks would cost more than the settlement amount. Other City Attorney Items – None. City Manager Verbal Reports Pelican Walk Garage Agreement The City Attorney sent Nick Economedes a letter acknowledging his letter to terminate the agreement to construct a parking garage at Pelican Walk, as he was in breach of the agreement as of March 31, 2005. The City Manager said the City intends to enforce parking laws as usual. Future discussion is needed regarding identifying a location for public parking for beach users. Council Discussion Items Other Council Action MPO/PSTA Transportation Issues. Councilmember Jonson expressed that PSTA sees Bus Rapid Transit (BRT) as interim solution and is its principal area of focus at this time. Mayor Hibbard stated a regional plan is the MPO’s ultimate goal and they are seeking connectivity as they don’t want to give up on light rail in Pinellas should Hillsborough no participate. He stated his concern with the Cutter firm is that their expertise is BRT. Discussion ensued regarding the Countryside Cougar monthly City Council article. Consensus was to skip this month’s article. Adjourn The meeting adjourned at 12:25 p.m.