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05/16/2005CITY COUNCIL WORKSESSION MINUTES CITY OF CLEARWATER May 16, 2005 Present: Frank Hibbard Mayor William C. Jonson Vice-Mayor Hoyt P. Hamilton Councilmember Carlen Petersen Councilmember John Doran Councilmember Also present: William B. Horne II City Manager Garry Brumback Assistant City Manager Pamela K. Akin City Attorney Cynthia E. Goudeau City Clerk Brenda Moses Board Reporter The Mayor called the meeting to order at 9:00 a.m. at City Hall. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. Presentations Service Awards Four service awards were presented to City employees. The Employee of the Month award for May 2005 was presented to Tom Robertson, Gas Department. The Team of the Quarter was presented to the Cardiac Resuscitation Team. Recognition of Traffic Operations Personnel Recently, the ITE (Institute of Transportation Engineers), in association with the Federal Highway Administration, American Public Works Association, American Association of State Highway and Transportation Officials, and ITS America conducted a “National Traffic Signal Report Card Assessment.” The results were that the national average on the report card was a “D”; however, the City of Clearwater received a “B” and was recognized as one of the top nine cities in the nation. The Mayor recognized the Traffic Operations Division of the Public Works/Engineering Department. The Council recessed from 9:15 to 9:19 a.m. to meet as the CRA (Community Redevelopment Agency) and Pension Trustees. Economic Development and Housing Adopt Resolution #05-19 authorizing a governmental loan from funds provided to the City by the United States Environmental Protection Agency as part of the Brownfields Cleanup Revolving Loan Fund Program for cleanup of the Clearwater Automotive Salvage Yard. In October 1999, the Commission authorized the City Manager to sign a Loan Fund Agreement and Work Plan for the $500,000 award received from the United States Environmental Protection Agency for the Clearwater Brownfields Cleanup Revolving Loan Fund (BCRLF). Remaining funds available from this award is $442,187.43, with $350,000.00 earmarked for loans. The BCRLF was structured to provide low-interest loans to parties interested in the redevelopment of environmentally impaired properties. The BCRLF also allows government entities to loan to itself, but requires a City resolution. The City desires to set forth the basis for the use of such funds as received from EPA for the Clearwater Automotive Salvage site currently owned by the City. The City has determined that it is in a better position to convey the Site to a developer or other private entity if it provides for the environmental cleanup of the Site. The City agrees that it will require the developer, person or entity to whom the site is conveyed following the environmental cleanup to pay the city the necessary amount so appropriated from the BCRLF as part of the sale agreement. The funds awarded by EPA to the City expire September 30, 2005, however, the City will be requesting from EPA approval for a one-year extension. The loan amount will have a zero interest rate and shall be repaid from a) amounts repaid to the City from the private developer or another party to whom the City ultimately conveys the site following the environmental cleanup provided for herein or b) to the extent that the property is unable to be sold after a reasonable time (within five years of the completion of the environmental cleanup provided for herein) and payment is not otherwise provided for, the general funds of the City through budget appropriations in subsequent years so that such BCRLF may be made available by the City for the environmental cleanup of the other sites. In response to a question, Economic Development/Housing Director Geri Campos said the deadline is being requested because there is a lack of sites available. Gas System Adopt Resolution #05-24 and approve and accept an Interlocal Agreement/Franchise with the City of Safety Harbor in order to provide natural gas service to the citizens of Safety Harbor and authorize the appropriate officials to execute same. On May 2, 2005, the City of Safety Harbor Commission approved as Ordinance #2005-08 the Interlocal Agreement with the City of Clearwater, which provides a franchise for the Clearwater Gas System (CGS) to provide natural gas service in Safety Harbor. The Clearwater Gas System has provided service within the City of Safety Harbor for over 45 years under two prior franchises. The Interlocal Agreement provides the City of Clearwater an additional 30-year non-exclusive right to continue to construct, operate, and maintain all facilities necessary to supply natural gas to the City of Safety Harbor. The Interlocal Agreement provides for a 6% franchise fee to be paid by all residential and commercial consumers of natural gas within the City of Safety Harbor, but excludes collections of franchise from industrial consumers. To comply with the City of Safety Harbor Charter, this Agreement provides provisions for purchase of the gas system facilities within the city limits of Safety Harbor at the end of the 30-year franchise period. This provision is the same as Progress Energy Florida’s last franchise with Safety Harbor. There are provisions to shorten the term of this franchise and remove the buy-out provisions should this buy-out requirement in the Safety Harbor Charter be removed within the term of this Agreement. In response to a question, CGS Managing Director Chuck Warrington said the City usually requests a 30-year agreement, which is standard. Parks and Recreation Establish new non-resident fees for non-residents to participate at City recreation facilities and in City recreation programs and activities; establish new formulas for the purpose of computing fees for non-residents; approve City Manager or his designee to administer the formulas; and pass Ordinance #7389-05 on first reading. On October 18, 1993 the City Commission approved a formula for the purpose of computing fees for non-residents and established categories for non-residents. The formula adopted is as follows: Department O & M Budget plus Indirect Overhead minus Budgeted Revenue divided by Population equals Subtotal Subtotal plus 5.00 Capital Recovery Component equals Non-Resident Yearly Fee Even though non-resident fees were increased in 2004 staff is recommending an additional increase for 2005 based on the approval of a new formula both for individual yearly non-resident fees but also for a new unincorporated non-resident fee. Staff is recommending that the following formulas be used in that they more accurately reflect the actual cost that residents are paying for recreation services: 1. Non-residents who reside in other Pinellas municipalities Department O & M Budget ($9,495,850) plus Indirect Overhead ($758,352) minus Budgeted Revenue ($2,253,700) divided by Population (109,000) equals Subtotal ($73.40) Subtotal ($73.40) plus Capital Improvement Recovery Component ($11.49) plus Card Processing Fee ($5.00) equals Non-Resident Yearly Fee ($89.89) 2. Unincorporated Non-Resident Fee Department O & M Budget ($9,495,850) plus Indirect Overhead ($758,352) minus Budgeted Revenue ($2,253,700) divided by Population (109,000) equals Subtotal ($73.40) Subtotal ($73.40) plus Capital Improvement Recovery Component ($11.49) plus Card Processing Fee ($5.00) plus Unincorporated Surcharge ($70.96) equals Unincorporated Non-Resident Yearly Fee ($160.85) The unincorporated surcharge of $70.96 is based on the average cost that other local municipalities charge to non-residents. The fee charged by other municipalities are similar to the City of Clearwater in that the purpose is to make the non-resident pay an amount equal to what their residents pay. The cities used for this average were Dunedin ($58.85), Largo ($75.00), St. Petersburg ($100.00) and Safety Harbor ($50.00). Formulas for the remaining categories of non-residents and unincorporated non-residents are as follows: 1. Annual Family Fee - Individual non-resident or unincorporated non-resident yearly fee x 2.5. 2. Participants of youth seasonal recreational programs and participants at lawn bowls, shuffleboard and horseshoe clubs - Individual non-resident or unincorporated non-resident yearly fee x 40%. In order to respond in a more timely fashion to shifts in budgets and the economy as it relates to non-residents paying a fair share staff is requesting authority to set fees based on the formulas whenever a change is prudent and warranted. Three other provisions in the ordinance that were changed are as follows: 1. To define a time period for “tourist and guests temporarily residing”. The time recommended is 3 months or less. 2. Add three score softball to the senior club category. 3. Added an option to allow non-residents who did not have a non-resident card to rent a recreation facility for a 10% surcharge. Based on the new formulas, the proposed fees for non-residents and unincorporated nonresidents are as follows: Since we are proposing new fee categories for unincorporated residents, it is difficult to determine what the net impact will be on overall revenue. However, staff is of the opinion that the majority of persons now using City facilities and programs will continue to use them since there are few options available to unincorporated residents. Furthermore, the County has established a reimbursement program where unincorporated residents can request funds to pay for non-resident fees. Therefore, revenue should not decrease but in fact increase. Parks & Recreation Director Kevin Dunbar reported the County is more receptive to reimbursing recreation fees to the City rather than to the individual. Discussion ensued regarding both the two- and three-tiered systems. It was felt the County needs to look at their financial commitment for active recreation for its citizens and help cities burdened by non-resident recreation participants. Concern was expressed in Clearwater residents subsidizing non-residents and the City having the resources to operate and maintain all its facilities. Approve co-sponsorship and waiver of requested City fees and service charges for FY 2005-2006 special events including seven annual City events; and seventeen City co-sponsored events; at an estimated gross cost of $494,591 ($139,500 representing cash contributions and $355,091 representing in-kind contributions) for the purposes of departmental budget submittals. According to the City Code of Ordinances on special events, there shall be an annual review of City sponsored/co-sponsored events during the budget process. An agenda item approving co-sponsorship and 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. “In-kind contributions” decreased by $52,343 (-10.7%). “In-kind contributions” are included in operating budgets under various departments. The decrease is due to the proposed opening of the new Memorial Causeway Bridge and reduction of Police Department costs related to Drew Street Closures. If the bridge opening is delayed, additional funding will need to be allocated on an event by event basis and will be brought back to the Council for their approval. · “Cash Requests” have increased $20,000 due to: 1) Request from Clearwater Jazz Holiday reduced by $10,000 and in-kind request increased by $10,000 due to the Parks and Recreation Department assuming additional venue operations responsibilities and 2) The $15,000 previously budgeted annually in special events for Florida Orchestra's Fun `n Sun Concert now is budgeted directly to the Orchestra along with an additional $15,000 for a Fall concert, for a total of $30,000 to the Orchestra. In response to a question, Mr. Dunbar said the City’s contribution is unchanged from last year, with in-kind services being converted to a cash contribution. He said the City will need to waive parking fees for the Suncoast Classic, the Sunset Beach Event, and the Make A Difference Tournament. Staff is considering a one- or two-year sabbatical for Beachfest while BeachWalk is under construction. Concern was expressed the Corporate Sports Fest is held during the City’s busiest time. Consensus was to reschedule the event from April to October. Engineering Approve applicant's request to vacate the north 254 feet of Lawson Road (a.k.a. 2520 Sunset Point Road), more particularly described in the ordinance, and approve Ordinance #7442-05 on first reading, (VAC2005-05 Equity Investments, LLC). The applicant is seeking to redevelop a large parcel of land, presently developed as a trailer park, into a 248-unit townhome project. The Community Development Board approved a flexible development and preliminary plat for a 248-unit townhome development proposed to be named, "Townhome Manors of Countryside." The related Development Order was signed by the City's Planning Director on April 21, 2005. Verizon and Brighthouse Cable have reviewed the request and have no objections. Progress Energy and Knology have no objections provided that the applicant bears the cost of relocating their facilities to maintain service to other customers. The City of Clearwater has water and sewer facilities within the subject right-of-way portion; the applicant plans to relocate private and city owned facilities as needed at their cost. Public Works Administration has no objections to the vacation request. In response to a question, Land Development Engineering Manager Scott Rice said easements are granted when rights-of-way are relocated. Approve the applicant's request to vacate the 60-foot street right-of-way of "B" Street from the west right-of-way line of South Fort Harrison Avenue to the southerly extension of the east property line of Lot 6, Block 25, Map of Belleair, (a.k.a. 1330 South Fort Harrison Avenue), less the south 30 feet of the west 9 feet thereof, subject to the retention of a drainage and utility easement and pass Ordinance #7443-05 on first reading, (VAC2005-06 ETNA Investments, LLC). The applicant is seeking approval of the vacation in order to create private ownership of a parking lot that has been partially developed in the "B" Street right-of-way. Verizon, Knology and Brighthouse Cable have no objections to the vacation request. Progress Energy has facilities in the subject street right-of-way portion and has no objections provided that a utility easement is retained. The City of Clearwater has sanitary, storm, gas and water utilities in the subject street right-of-way portion. Public Works Administration has no objections provided that a drainage and utility easement is retained over the full width of the street right-of-way portion to be vacated. In response to a question, Mr. Rice said each property owner will receive half of the right-of-way. Rockaway Parking Garage Discussion This item was continued to May 31, 2005. Public Services Approve Change Order #3 to Rowland, Incorporated of Pinellas Park, Florida for the “Area “F” Gravity Sewer System Improvements Project” (02-0049-UT) increasing the contract amount by $88,919.50 for a new contract total of $747,021.92, changing the scope to include the installation of seven asphalt speed tables on Byram Drive, Barbara Avenue and Carlos Avenue and authorize the appropriate officials to execute same. This contract was previously approved by the City Council on November 4, 2004 for $415,286.30. Administrative Change Order No. 1 for $40,138.92 was approved by the City Manager on March 18, 2005 increasing the contract amount to $455,425.22. Change Order No. 2 for $202,677.20 was approved by the City Council at the April 21, 2005, increasing the contract amount to $658,102.42. Change Order No. 3 is needed to pay for two increases to existing items on the contract. The first is an unexpected amount of unsuitable material (clay) that had to be removed from the excavation for the 18-inch gravity sewer main. The second is select fill that had to be brought in as backfill for this excavation. Additionally, there is a change in scope for this contract to install seven asphalt speed tables, five on Byram Drive where the sewer system improvements were done, with one each on Barbara Avenue and Carlos Avenue, which intersect Byram Drive. Local citizens requested this aid in calming traffic through their neighborhood. Resolution #04-36 was passed on December 16, 2004, establishing the City’s intent to reimburse certain project costs incurred with future tax-exempt financing. The projects identified with 2006 revenue bonds as a funding source were included in the project list associated with Resolution #04-36. In response to a question, Public Services Director Gary Johnson said these increases occurred when it was discovered that clay had to be removed and replaced with fill dirt, which changed the scope of work. He said 65% of the neighborhood signed in favor of speed tables. Planning Approve the Future Land Use Plan Amendment from the Recreation/Open Space (R/OS) category to the Residential Urban (RU) category and the Zoning Atlas Amendment from the Open Space/ Recreation (OS/R) District to the Medium Density Residential (MDR) District and a Development Agreement between Executive Corporation of Clearwater, Incorporated and the City of Clearwater for property located at 2506 Countryside Boulevard (consisting of a portion of Sections 30 and 31, Township 28 South, Range 16 East) and Pass Ordinance #7359-05 and #7360-05, to amend the Future Land Use Plan Map and Zoning Atlas on first reading, and pass Resolution #05-15 to approve the Development Agreement for this property. The subject site is comprised of one parcel of land 44.2 acres in area at the northwest corner of the Countryside Boulevard and Enterprise Road intersection. The applicant is requesting to amend the Future Land Use Plan Map designation for the parcel from Recreation/Open Space (R/OS) to Residential Urban (RU) and to rezone it from the Open Space/Recreation (OS/R) District to the Medium Density Residential (MDR) District in order to construct attached dwelling. The proposed future land use plan category would permit up to 331 dwelling units to be developed on the site, however, the applicant is proposing to limit the number of units to 280 through a development agreement (DVA2004-00004). The Planning Department determined that the proposed land use plan amendment and rezoning applications are consistent with the following standards specified in the Community Development Code: The proposed land use plan amendment and rezoning application are consistent with the Comprehensive Plan. The proposed use is compatible with the surrounding area. Sufficient public facilities are available to serve the property. The applications will not have an adverse impact on the natural environment. In accordance with the Countywide Plan Rules, the future land use plan amendment is subject to the approval of the Pinellas Planning Council and the Board of County Commissioners acting as the Countywide Planning Authority. Due to the size of the plan amendment site, review and approval by the Florida Department of Community Affairs is also required. The applicant is requesting approval of a Development Agreement in conjunction with the proposed future land use plan amendment, which limits the use of the property to 280 residential units. The proposed agreement includes a conceptual site plan and architectural elevations, limits building heights to 35 feet, and provides a landscape buffer along the western side of the property. The Planning Department determined that the proposed Development Agreement is consistent with the City’s Comprehensive Plan. The Community Development Board reviewed these applications on April 19, 2005, and unanimously recommended approval of all applications. There was significant public comment at the public hearing with the majority of comments focused on buffering, loss of recreation space, and traffic issues. Assistant Planning Director Gina Clayton said this project will impact Enterprise Road and SR 580 traffic. She said MDR zoning is more appropriate and consistent with the residential urban land use category than LMDR. The Development Agreement will be revised to address concerns from Tampa Bay Water and neighbors regarding buffering, and will be extended to 10 years. The City Attorney said the perpetuity language refers to deed restrictions. A conceptual plan shows proposed locations for buildings, access, retention ponds, and recreational facilities. Details will be worked out during the site plan review process. Ms. Clayton said left turns will not be allowed from Enterprise Road onto SR 580. The intersection will be channelized and westbound traffic on SR 580 will be able to turn onto Enterprise. Staff will be reporting on the abandoned well sites. The CDB (Community Development Board) did not discuss design issues as the proposal is conceptual. Ms. Clayton said existing drainage problems and impact on adjacent properties will be mitigated. Approve an amendment to the Community Development Code to revise the termination of status of nonconformity provisions and pass Ordinance #7445-05. As tourism is the leading economic industry in the City of Clearwater, City leaders became concerned about the conversion of beach hotel properties to condominiums, thus adversely impacting the tourist industry. Several of these conversions have used the Termination of status as a nonconformity provision in the Community Development Code (Section 6 109.B) to reconstruct nonconforming density. On April 21, 2005, the City Council directed the Planning Department to revise this ordinance to deter these conversions. The proposed revision will clarify that the reconstruction of nonconforming density can only occur if there is no change in use. For example, a hotel use could be converted to a new hotel use or a condominium use could be converted to a new condominium use, but a hotel use could not be converted to a new condominium use. The CDB will review the proposed amendment on May 17, 2005, and staff will report on the recommendation to the City Council on May 19, 2005. In response to a question, Ms. Clayton said a comprehensive set of amendments, which included the nonconformity provision, was made to the Community Development Code in 2000. Discussion ensued and it was indicated the proposal will not prohibit all conversions, just conversions of nonconforming hotel use to condo use. The unintended consequence of the current Code has provided an incentive to convert hotel rooms to more profitable condominium units. It was noted the new projects in the “Old Florida District” and on Brightwater Drive were developed within density levels already permitted and few TDR (Transfer Development Rights) requests have been received by staff. It was felt the proposed change will impact large projects on south beach. Discussion ensued regarding developing incentives and performance based allowances to encourage redevelopment and renovation of transient dwellings. City Clerk Cyndie Goudeau said a public meeting on this topic is scheduled for May 26, 2005, at 7:00 p.m. at the Clearwater Beach Recreation Center. Official Rec and Legislative Svc Nominate a councilmember for appointment to the WorkNet Pinellas Board for a two-year term, July 1, 2005 to June 30, 2007. Ms. Goudeau reported WorkNet Pinellas had requested a Clearwater Councilmember serve on its board. Consensus was to appoint Vice-Mayor Jonson to serve. Council Discussion Items North Greenwood Health Resource Center request for funding. Discussion ensued in regard to the North Greenwood Health Resource Center’s request for funding. Concerns were expressed this funding is being requested for operations, and if approved, would set a precedent. Consensus was to deny this request. Business of the Quarter Recognition Discussion ensued regarding a business of the quarter award to recognize appearance enhancements. Consensus was to implement a business recognition program. City Council/CDB Joint Work Session Consensus was to schedule the May 31, 2005, Work Session at 8:00 a.m. in Council Chambers followed by a City Council/CDB Joint Work Session at 10:30 a.m. at the Main Library. Special Pension Trustees Meeting Consensus was to schedule a Special Pension Trustees meeting on June 2, 2005, at 5:30 p.m. in Council Chambers. Other Council Action Councilmember Jonson reported the Courtney Campbell Causeway Scenic Highway application was filed. He requested the Council consider an annual $500 membership. This request will be brought back. He reviewed events in which he participated. Adjourn The meeting adjourned at 11:47 a.m.