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08/01/2005CITY COUNCIL WORKSESSION MINUTES CITY OF CLEARWATER August 1, 2005 Present: Frank Hibbard Mayor William C. Jonson Vice-Mayor Carlen Petersen Councilmember John Doran Councilmember Absent: Hoyt P. Hamilton Councilmember Also present: William B. Horne II City Manager Garry Brumback Assistant City Manager Rod Irwin Assistant City Manager Pamela K. Akin City Attorney Cynthia E. Goudeau City Clerk Patricia O. Sullivan Board Reporter The Mayor called the meeting to order at 9:00 a.m. at City Hall. The City Manager welcomed Assistant City Manager Rod Irwin. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. Purchasing Workers compensation claims paid by the City's third party administrator during the period October 1, 2005 through September 30, 2006. In response to a question, Finance Department Buyer Mike Murray reported this request is for a “not to exceed” amount and is based on an estimate. Risk Manager Sharon Walton reviewed City efforts to reduce workers compensation injuries and claims. Economic Development and Housing Approve the City of Clearwater’s Fiscal Year 2005-2010 Consolidated Planning Document, which contains the FY2005-2006 Action Plan, to carry forward the goals and objectives set forth in the Plan, as required by HUD, and authorize the City to enter into agreements with organizations contained in the FY2005-06 Consolidated Action Plan. HUD (U.S. Department of Housing and Urban Development) requires communities that receive entitlement, i.e. CDBG (Community Development Block Grant) & HOME funding, prepare a comprehensive five year Consolidated Planning document that evaluates the needs of the community and sets forth strategies to address those needs. The new Consolidated Plan is mainly a continuation of the existing Consolidated Plan, with few changes to existing strategies, goals, and objectives. In addition, the City is required to create and implement an annual statement identifying the sources and uses of federal money for housing, community, and economic development. This annual plan, referred to as a Consolidated Action Plan, provides HUD with the City’s housing, community, and economic development budget and proposed expenditures based on the entitlement funds and estimated program income that the City will receive in the upcoming fiscal year. Funds are to be used to develop viable communities and sustain existing ones. In addition, the funds will be used to provide safe, decent and affordable housing to assist extremely low to moderate-income households. This year’s Action Plan allocates federal and state funds to provide housing opportunities for extreme-low to moderate-income households for new and existing homes, homebuyer education, construction, and/or renovation of public facilities, and to fund programs that assist the homeless, single parent households, the elderly, the physically challenged, and children, to name a few. In FY (Fiscal Year) 2005/06, the City is estimated to receive federal funds in the amount of $1,079,985 through the CDBG, $577,115 through the HOME Investment Partnership Program, and $820,105 from the State of Florida through the SHIP (State Housing Initiatives Partnership) Program. Funds provided through the HOME and SHIP Programs are limited to housing activities and administration. Funds provided through the CDBG Program may be used for housing, community and economic development, public services and facilities, acquisition, demolition, and administration. Additional funding for the FY 2005/06 budget will come from estimated program income funds (loan repayments, loan payoffs, recaptured funds, etc.). A Review Committee, comprised of professionals in the social service and grants community, and one member of the City’s NAHAB (Neighborhood and Affordable Housing Advisory Board) reviewed the applications, scored them, and set forth a strategy to maximize the number of applicants that will receive a portion of allocated funds. Applicants were given an opportunity to speak to the Review Committee and NAHAB regarding their programs on the day of the bus tour and presentations in late March. Staff reviewed each application to ensure it met HUD’s baseline requirements. On May 17, 2005, NAHAB unanimously approved the recommended allocations contained in the FY 2005/06 Consolidated Action Plan. Each year, the City may allocate up to 15% of its CDBG allocation for Public Services organizations. Under the Public Services category, agencies competed for approximately $161,998 in CDBG funds. The City’s Housing Division received requests for Public Service funding in excess of $451,000. NAHAB has endorsed a sliding scale funding system for Public Service applicants that allows the top two scorers to receive 60% of their request; the second two receive 50% of their request, and others receive 40% of their request until all allowable funds are allocated. This allowed all Public Service applicants to receive some funding rather than some agencies not receiving any funding. All organizations that will be receiving an allocation or participating in the City’s Housing or Housing Education Pools, will have agreements prepared and executed by October. Assistant Housing Director Howie Carroll gave a power point presentation and reviewed the application process. In response to a question, Assistant Housing Director Carroll said there is an affordable housing crisis in the state and disagreement among the legislators regarding a cap on Sadowski funds. The City was complimented for its efforts to remove barriers to affordable housing. In response to a question, Mr. Carroll said Clearwater is not large enough to receive emergency shelter grants and he will investigate if the City can receive any funding under the new homeless plan. Assistant City Manager Garry Brumback said the City has worked to elevate the homeless issue to a county level. Mr. Carroll complimented homeless policy group efforts. In response to a question, it was indicated staff will review and update data related to the City’s Hispanic population. In response to a question, Mr. Carroll said the neighborhood revitalization strategy would be updated during the next fiscal year and departments other than Housing will be involved. Marine and Aviation Adopt Resolution #05-25 modifying commercial docking permits and Resolution #05-26 modifying private dock permits for tenants at the Clearwater Municipal Marina. For clarification and enforcement purposes the following rules, regulations, policies, and procedures are recommended for commercial and private docking permits: 1) Length of time a slip can be without a vessel. Limit both commercial and private dock permits to 60 consecutive days. Slips empty on an extended basis do not generate revenue for the commercial operator and create numerous inquiries as to the slips being available for rental by others; 2) Discount for advance payment of dock rent. Prepayment discounts of 2.5% for 6 months and 5% for 12 months advance payment. This is a policy not previously in the docking permits; 3) Length of time persons may stay aboard their vessels. No overnight stays for Commercial tenants. Private tenants are permitted 8 nights per month; 4) Require Florida registrations. A representative from the Internal Revenue Service has asked if the staff verifies that all boats are registered with the State. Previously, the State did not require vessels that are documented to also be registered; 5) Signage - Commercial charters are not permitted to have vehicles with signs parked where they can be seen from the road. Neither can they have television displaying their service, which is considered a moving sign. Signs carried, waved, or otherwise displayed by persons intended to draw attention for commercial purpose also are prohibited; 6) Water usage – The Florida Administrative Code requires a shut-off nozzle on hoses for washing boats; and 7) Electric shut off – Marina policy is to shut off electricity to the fuel dock and all slips if high tide reaches the bottom of the fuel dock, until safe to turn back on. In response to a question, Marine & Aviation Director Bill Morris said approval of a 60-day extension for a vacant dock is up to his discretion. Commercial slips are not used for transients due to commercial vessel early-morning activities. It was recommended that language related to the 60-day extension be clarified. In response to questions, Mr. Morris reported there are no problems with collections. He said other marinas offer prepayment discounts. Prepayment would cut down on overhead and the cash could be invested. The policy will reduce administrative costs and changes will be retroactive for all dock permit holders. Discussion ensued regarding parking and Mr. Brumback said use of the overflow lot on the Causeway is temporary. The desire is to keep large vehicles out of the Marina. Closure of road next to Sailing Center. Mr. Morris reported the road next to the Sailing Center had washed out after last year’s hurricanes, resulting in a four to six foot drop off. In spite of staff efforts to block the road, people have managed to drive around the barricades. The Engineering Department has a plan to stabilize it. Staff recommends closing the road. Consensus was to close the road permanently. Direction re request for buoys on Gulf side of Sand Key. Marina & Aviation Director Bill Morris stated his concern for both recreational swimmers and boaters along the Gulf side of Sand Key. While there have not been calls for services to the Sheriff’s office or response to accidents, there have been increasing complaints. He stated there has been an increase in vessel traffic close to shore. The Marine Advisory Board is working towards a Comprehensive Waterway Management Plan. The City Manager reported other monitoring agencies have not come to the City with this request. It was felt this request was a safety issue versus a neighborhood decision. In response to a question, Mr. Morris said two communities south of the City have buoys in the Gulf of Mexico. He said the number of unregulated boating areas is diminishing. It would cost less than $20,000 to purchase and install the buoys. In response to a question, the Marine Advisory Board did not make a recommendation. In response to questions, Mr. Morris said it is recommended the buoys, if approved, be installed following beach renourishment efforts. Buoys off Sand Key Park have to be moved often because they are poorly anchored. The request does not extend to the Sheraton Hotel property. Parks and Recreation Approve agreement between the City of Clearwater and Global Spectrum from October 1, 2005 to September 30, 2009, and approve the Termination and Release Agreement between Distinctive Gourmet Services (Boston Concessions), the City of Clearwater and Global Spectrum, L.P. and authorize the appropriate officials to execute same. The City and Global Spectrum entered into a Management Agreement in 1994 to provide oversight and administration for the Harborview Conference Center. On February 4, 2004, the City Council requested staff work with Global Spectrum to form a new agreement that would address more of the accountability issues relating to the operation of the Harborview Center. On June 17, 2004, the City Council provided staff with additional direction regarding the business points of a new agreement Staff has successfully worked out an agreement with Global Spectrum that addresses the issues identified at the June 17, 2004, meeting. Key Points are as follows: 1. This is a four-year agreement that terminates at a time when the Stein Mart lease is up for renegotiation, that will allow the City the opportunity to m ore easily address the future of the Harborview Center. This is financially the same as last year, but it caps the City’s contribution and provides for Global Spectrum to cover the first $228,300 in losses. 2. There continues to be a lease management fee of $79,000, included in the annual subsidy, with the opportunity to receive an additional management fee for every year there is a profit at a rate of 70% of profit for Global Spectrum and 30% of profit for the City. 3. In the event there is an annual loss, Global Spectrum will cover the first $228,300 in the first operating year; $212,000 in the second operating year; and $200,000 in the third and fourth years. Any amount higher than these losses will be covered by the City. 4. The City will provide a fixed cash subsidy to Global Spectrum in the following amounts: FY2005/06 - $463,000; FY2006/07 - $447,000; FY2007/08 - $435,000; and FY2008/09 - $435,000. It should be pointed out that $180,000 of this amount comes from contractual commitments with Stein Mart and Pickles Plus, Inc. The City will retain all additional rents/revenue paid by Stein Mart or Pickles Plus, Inc. over their base rents. This is projected to be approximately $45,000 to $75,000 per year depending upon the success of each business. 5. The City shall have the right to use the Harborview Center or any part thereof for an “at cost” rental fee for any direct out of pocket expenses incurred by Global. 6. Global Spectrum will be responsible for the budget and all operations of the Harborview Center and will assume responsibility for profits (with the City receiving 30% of all profits) and will assume responsibility for losses below $228,300. 7. Under this agreement, the City will shift more of the liability and responsibility for financial success to Global Spectrum. 8. The City is responsible for the structure and providing capital funds to make any major capital renovations. Currently, the City budgets $100,000 per year for this purpose in addition to the $463,000 for FY2005/06, which is consistent with the City financial commitment in FY05. Total cost for FY2005/06 is $563,000. Staff is also recommending the approval of the Termination and Release Agreement between Boston Concessions, Global Spectrum and the City. This will allow Global Spectrum the opportunity to negotiate their own agreement for food and beverage services with a party of their choosing. Boston Concessions, Global Spectrum and the City believe this is in the best interest of all parties to cancel this agreement. The City will have no more financial obligations to Boston Concessions. In response to a question, Parks & Recreation Director Kevin Dunbar said the CVB (Convention & Visitors Bureau) markets the facility, but provides no direct funding for the Harborview Center. It was felt there should be an independent audit in addition to the City’s. Information was requested on the cost to buy-out the Pickles Plus lease. In response to a question, Mr. Dunbar reported that red tide continues to be a problem. Staff was complimented on their efforts to maintain City beaches during this condition. Approve the Agreement between the Florida Department of Environmental Protection and the City of Clearwater for funding in the amount of $50,000 for the design and construction of an observation tower at Cooper's Point and authorize the appropriate officials to execute same. In 1997, the City, in cooperation with the Southwest Florida Water Management District and the Florida Department of environmental Protection and with the approval of Pinellas County, developed a management plan for habitat restoration and enhancement of Cooper’s Point. The plan included such features as boardwalks, educational displays and interpretive centers; however, the initial phase and funding was limited to exotic and nuisance vegetation removal, regarding areas of the site to elevations proper for the establishment and maintenance of open water and marsh habitats and re-establishment of tidally restricted water features to increase and improve water circulation and quality. The initial phase has been completed as well as the timber bridges over the two tidal cuts that allow access to the northerly point. The City of Clearwater requested and has been awarded $50,000 for partial funding through the Florida Department Environmental Protection Coastal Zone Management Program for the construction of the observation tower. The agreement requires a 50:50 match with the City of Clearwater. The overlook tower will be located on uplands at the north end of the peninsula providing a bird’s eye of old Tampa Bay. It will be constructed primarily of wood, approximately fifty feet high, four stories tall. It should be noted that 46 different species of birds have been sited at Cooper’s Point and that two bobcats were recently sited by contract maintenance personnel. Currently, the upland and trails are mowed quarterly and the site is monitored monthly and limited maintenance is performed monthly to control any nuisance and invasive vegetation. A third quarter amendment will establish the budget for FDEP funding (334350) for the design and construction of an observation tower at Cooper’s Point in Capital Improvement Program (CIP) project 0315-961XX, Cooper’s Point. An additional third quarter amendment will transfer $50,000 of Stormwater Utility (388419) revenue from CIP project 0315-96120, Alligator Creek Project Design, to 0315-961XX, Cooper’s Point. In response to a question, Environmental Manager Terry Finch reported the City will have an interlocal agreement with the County to manage the preserve, with limited access. Restoration efforts have been completed and the Audubon Society often uses the preserve. Future efforts include educational signage and an enhanced trail system. Pass Ordinance #7490-05 on first reading, making minor language changes to Chapter 30 Traffic and Motor Vehicles, Article II Stopping, Standing and Parking, increasing parking fines by $5 and to designate a parking violation processing services office to process all parking fines thereby eliminating the Pinellas County Clerk of the Court as the designated office to handle the receipt of the payment of parking fines beginning October 1, 2005. The Parking System began full time parking enforcement in March 2004. During the first year of operation it became apparent some areas of the parking enforcement ordinances needed updating and modification to assist with an effective parking enforcement effort. Several minor language changes to more definitively describe parking locations, use of equipment, payment options, hours of operation, etc. are being proposed. A $5 increase to the current fine structure is being proposed. The last increase was in 1992. In addition to the $5 increase, a penalty of $10 will be assessed for violation payments received between 15 and 30 days after the date of the infraction. After 30 days an additional penalty of $15 will be assessed. The Pinellas County Clerk of the Court no longer will be handling the receipt of the payment of parking fines and the City will have a designated parking violation processing services office. In response to a question, Parking Facilities Manager Tracy Bruch reported the change will require no additional FTEs (Full-Time Equivalents). Vendor fees are lower than those charged by the Pinellas County Clerk of the Court. She reviewed the City’s appeal process. Council Discussion Items Direction re addressing Community Development Code Issues Councilmember Jonson said he would like closure on items related to the community development code that have been discussed over the past year. He noted harmony with adjacent properties was his first priority and proposed the following: Proposals – require for completeness applications for level 2 flexibility to dimensional aspects of height or setback shall be considered incomplete, if the application does not present documented comparisons to adjacent properties. Adjacent properties are defined as properties sharing a common property line with the proposed development. When evaluating the criteria contained in Sec. 3-913 A.l the following shall be considered: i. Likelihood of redevelopment of the adjacent properties. ii. Conformity of the adjacent properties. iii. Zoning of the adjacent properties iv. Scale, bulk, coverage density, and character of the adjacent properties. v. Benefits of the proposed redevelopment accruing to adjacent properties. Planning Director Michael Delk said he has requested staff to begin scrutinizing criteria and is asking applicants to better delineate how projects meet criteria listed in the Code. A question was raised regarding the term “documented comparisons”. Councilmember Jonson indicated the intent is what is important not the language. Concern was expressed that proposed language would be subject to interpretation, such as how to determine the likelihood of adjacent property redevelopment. It was stated that CDB (Community Development Board) members already visit most applicant sites prior to meetings, as does staff. Discussion ensued with recommendations that a review of adjacent properties and the general area be a required part of an applicant’s presentation and that more weight be given to adjacent properties, as some developers choose the most advantageous nearby properties for comparison. The issue of infill was found to be paramount. It was recommended the Council prioritize issues for staff review. Concern was expressed unintended consequences could result from policy decisions. It was noted staff already is busy with non-conformity issues and the Old Florida District. It was recommended that Councilmembers review the submitted list and prioritize issues to be discussed at Thursday night’s meeting. Council Travel Budget The City Manager reported some Councilmembers may not have enough in their travel budgets to get through the rest of the year. Consensus was to increase the Council travel budget to $3,000 for FY (Fiscal Year) 2004/05 and 2005/06. Other Council Action Councilmember Jonson reported the County Charter Review will discuss annexation issues tonight. He supported the Convention and Visitor’s Bureau’s use of a portion of the bed tax to support the arts. Light rail and PMI issues will be discussed at the July MPO (Metropolitan Planning Organization) meeting. He noted the September 12 Work Session conflicts with the MPO meeting. Councilmember Doran reported an arts district will be discussed at a special meeting scheduled tonight at Java Junction. He referenced the Acqua Development stating $9-million in taxes would be generated by this development. Adjourn The meeting adjourned at 11:20 a.m.