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08/29/2005 CITY COUNCIL WORKSESSION MINUTES CITY OF CLEARWATER August 29, 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 Rod Irwin Assistant City Manager Pamela K. Akin City Attorney Cynthia E. Goudeau City Clerk Mary K. Diana Assistant City Clerk 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 Senator Mike Fasano - End of Session Brief Senator Mike Fasano reviewed legislative issues addressed this year. The Mayor presented him an engraved crystal dish in appreciation of work done during the 2005 legislative session. Police Recruit Swearing-In The City Clerk administered the Oath of Office to six Police Recruits. The Work Session recessed from 9:08 to 9:36 a.m. to meet as the CRA (Community Redevelopment Agency. Budget Office Approve the recommended Penny for Pinellas project list, as revised, for Fiscal Years 2005/06 through 2009/10. On March 6, 1997, the City Council adopted Ordinance # 6137-97. The ordinance established the requirement for a special hearing prior to the adoption of the capital improvement budget to discuss the use of Penny for Pinellas tax, and at any time in which there is any proposed change to Penny for Pinellas funding of $500,000 or more. Significant changes to the plan fund five new projects: 1) Ladder Truck –project provides funding of $850,000 in FY (Fiscal Year) 2005/06 for the replacement of a 1987 Platform Aerial Truck for the Fire Department; 2) Long Center Pool – funded in FY 2005/06 for $800,000, this project provides funding for major renovations to the Long Center pool and related Council Work Session 2005-08-29 1 appurtenances; 3) National Guard Armory Renovation – funded at $150,000 in FY 2005/06, this project provides funding for the renovation and improvement of this facility to provide storage space and to consolidate the Special Events operations of the Parks & Recreation Department; 4) Bayfront Promenade – funded in FY 2005/06 for $900,000, this project provides the funding for construction of a promenade in the vicinity of the Memorial Causeway Bridge as an enhancement to Coachman Park that will be available for use as a dock for commercial boats such as ferries; and 5) Long Center Major Infrastructure Improvements – this project provides funding in the amount of $1,705,000 for major building improvements to the Long Center facility to include air conditioner and roof replacement as well as other major improvements AND the elimination of one project: 1) Harborbluff Waterfront Park – funding of $2,000,000 has been eliminated and reallocated to the other project priorities outline above. This currently approved project reflects a change in project scope and funding level: Parks & Beautification Infrastructure Complex – This proposal recognizes the elimination of $2,375,000 of funding for the Parks & Recreation Infrastructure Complex. The project scope has been changed and no longer will consolidate the Parks & Beautification Division into one site. The project scope now provides for the construction of a new Parks & Recreation Administrative Office and will consolidate all administrative functions of the Parks & Recreation Department into one site. In response to a question, Parks & Recreation Director Kevin Dunbar said the Parks & Recreation Department infrastructure complex is still budgeted for FY 2009/10; however, a location has not been determined. Budget Director Tina Wilson said some Penny for Pinellas projects, such as Long Center infrastructure improvements, have been added. In response to a concern, the City Manager said staff is sensitive when engineering estimates do not track with actual costs. Ms. Wilson reported that staff has an informal policy that the current year balance not drop below 10% of the expenditures for that year. In response to a question, Ms. Wilson said the City has received the $10 million from the Florida Department of Transportation (FDOT) for the bridge. Disappointment was expressed in the elimination of the Harborbluff Waterfront Park project from the Penny list. Assistant City Manager Garry Brumback noted the referendum regarding the Downtown Waterfront project had failed. The Mayor clarified that Council supports a Downtown marina and said this issue will be brought back to the citizens in the future. Approve an Additional Homestead Exemption for certain qualifying low income senior (65 years or older) citizens and pass Ordinance #7499-05 on first reading. The Florida Constitution grants many residents an exemption of $25,000 from their property's assessed value when tax levies are determined by the Pinellas County Property Appraiser’s Office. This “homestead exemption” is granted to those applicants with legal title property as recorded in official records who are bona fide Florida residents living in a dwelling and making it their permanent home on January 1 of the taxable year. State of Florida voters approved another constitutional provision in 1998 that allows municipalities to grant an additional limited homestead exemption to senior citizens that meet certain income criteria. Council Work Session 2005-08-29 2 Until recently, there was not enough data to determine the impact on City of Clearwater revenues of granting an additional exemption for these residents. Now however, after reviewing data from several neighboring municipalities that have instituted this exemption, it is the staff’s opinion that the benefit to the City’s qualifying low-income senior citizens outweighs the small- anticipated loss of property tax revenue associated with this exemption. To be eligible, the person must be at least 65 years of age, have household income below the set threshold ($20,000 in 2000, adjusted annually), and the property must qualify for the original homestead exemption. Staff recommends adopting Ordinance #7499-05, Additional Homestead Exemption for Persons 65 and Older, which will grant some property tax relief for this segment of our community. If adopted, the additional senior exemption will go into effect, not this coming budget year, but the following budget year. Citizens will see the additional exemption notice on their TRIM bills in August 2006, along with instructions as to what will be required to receive the exemption. In response to questions, Ms. Wilson said the income threshold for 2005 has not been determined. The additional exemption only will apply to City taxes and is expected to average $57 per household. Staff had considered different levels for the exemption. Most municipalities have adopted or are considering amounts less than the $25,000 maximum permitted by law. Parks and Recreation Approve a one-year funding agreement, in the amount of $281,220 between Jolley Trolley Transportation of Clearwater Inc. and the City of Clearwater for the operation of transportation and trolley services on Clearwater Beach, Island Estates, Sand Key and services from Clearwater Beach to Downtown Clearwater and the appropriate officials be authorized to execute same. Jolley Trolley Transportation of Clearwater Inc. (Jolley Trolley) has been operating trolley service along the City’s beach communities and downtown for twelve years. The current one- year funding agreement expires on September 30, 2005. Current funding supports approximately 54% of the trolley overall budget with the remaining 46% coming from fares, rentals, and advertisements. Specifically the funding is for: 1) Trolley service between Clearwater Beach and Sand Key – $149,270; 2) Trolley service between Clearwater beach, Island Estates, and Downtown Clearwater – $70,250; 3) Trolley vehicle maintenance – $50,000; and 4) Office space rent – $11,700. Funding during the annual term of the current agreement totals $ 281,220, which is supported through the parking fund ($231,220) and the CRA ($50,000). The new proposed agreement includes: 1) Holding the line on funding; 2) Trolley service between Clearwater Beach and Sand Key - $149,270; 3) Trolley service between Clearwater beach, Island Estates and Downtown Clearwater - $70,250; 4) Trolley vehicle maintenance - $50,000; 5) Office space rent - $11,700; 6) Transportation pick-up 25 minutes apart; and 7) Posted route schedules at all pick-up location. Funding during the term of the new agreement totals $ $281,220. The source of the funding for the new agreement will be the parking fund ($231,220) and the CRA ($50,000). The Parks and Recreation Department will continue to administer compliance of the agreement. Council Work Session 2005-08-29 3 In response to question, Mr. Dunbar said the CRA (Community Redevelopment Agency) contribution is included in this total. The City Manager said as long as the City Council supports funding Jolley Trolley operations, staff would find a way to do it. The City needs to determine the most efficient and affordable way to move people up and down the beach following BeachWalk construction and how the Jolley Trolley can meet those needs. Mr. Dunbar said the organization is doing all they can to maximize revenues. In response to a question, it was reported the PSTA (Pinellas Suncoast Transit Authority) is considering dividing the beach route through Clearwater into two segments with most of the route following the normal schedule. The PSTA is looking at transfers between the PSTA and the Jolley Trolley. Approve the lease purchase financing for a mobile performance platform; award a contract to Century Industries, LLC of Sellersburg, Indiana, in the amount of $39,083 and establish a capital improvement project for the purchase of the performance platform in the amount of $39,083 to be funded from lease purchase financing. The Special Events Division of the Parks and Recreation Department manages the setup, use and rental of the portable stage master as well as a wooden portable stage unit for various special events, ribbon cutting ceremonies, performances and speeches. The current stage master was purchased in the mid 1950s. Due to the complexity of setup, cost of personnel and wear and tear on the stage master it is used for City and co-sponsored City events only. Other groups needing a performance platform used the remaining wooden portable stages. However, after numerous refurbishment attempts the performance platform has deteriorated to a condition that it is in need of replacement. Due to the numerous requests the department has regarding the use of this type of equipment, staff is recommending the purchase of a new 32-foot mobile performance platform. The new platform will have an aluminum deck and handrails and can easily be set up by one person. The platform can be transported by utilizing existing vehicles. It has a life expectancy of 40 years. Staff is requesting a new CIP project and budget in the amount of $39,083 be established at third quarter to purchase the performance platform. Funding for this purchase will be provided from lease purchase financing. In response to questions, Mr. Dunbar said this mobile performance platform can be set up by one person. Council Work Session 2005-08-29 4 Police Approve an addendum to the agreement between the City of Clearwater and the School Board of Pinellas County, Florida to continue to provide one additional School Resource Officer at each high school, Clearwater and Countryside, during school year 2005/2006, and authorize the appropriate officials to execute same. For over 20 years, the City of Clearwater has had a contractual agreement with the Pinellas County School Board to provide School Resource Officers (SROs) to both Clearwater and Countryside High Schools. The agreement provides for cost sharing between the City and the School Board. The current 3-year agreement, reached in 2003, extends through the end of the 2005/2006 school year. The original terms of that agreement allowed for one SRO at each school. A Supplement Agreement was awarded by the City Council for the temporary assignment of an additional SRO at Clearwater High School for school year 2003/2004 on November 20, 2003. Subsequently, it was determined by the Pinellas County School Board and the City of Clearwater that additional SROs were needed at both high schools, Clearwater and Countryside, during school year 2004/2005 and an addendum to the agreement for two additional SROs was awarded by the City Council on November 18, 2004. These temporary positions were necessary because of marked increases in drug possession, disorderly conduct, battery, disruptions, and trespassers. The proposed addendum will address the assignment of two SROs at both Clearwater and Countryside High Schools for school year 2005/2006, the final year of the current agreement. The police department received City Council approval on November 18, 2004 for the funding of the temporary positions through the fiscal year 2004/2005. The Police Department received consent from city management to incorporate the positions into their 2005/2006 budget, and once the 2005/2006 budget is approved by City Council, the positions will become permanent and funded through the police department’s operating budget. The Pinellas County School board will contribute $36,739.47 for each SRO for the 2005/2006 term, and the Police Department will fund the $12,036.78 balance for each officer (total amount $24,073.56) through its operating budget. When the current 3-year contract is renegotiated in 2006, it will provide for four total SROs for the duration of the contract term, thereby eliminating the need for annual addendums. In response to questions, Police Chief Sid Klein said nearby municipalities fund SROs in the same manner as Clearwater. Staff is meeting with the Pinellas County School Board to address issues that have led to this need for increased coverage. AmeriCorps staff occasionally assists with SRO duties. Council Work Session 2005-08-29 5 Engineering Approve the applicant's request to vacate Edenville Avenue from the easterly extension of the south property line of Lot 55, Block "A," Tropic Hill Unit 4 subdivision, (a.k.a. 2450 Burnice Drive), to the easterly extension of the north property line of said Lot 55, subject to the retention of a drainage and utility easement over the full width of the right-of-way to be vacated and subject to removal of existing asphalt and curbs within six months of approval of this request and pass Ordinance #7463-05 on first reading, (VAC2005-09 Allen). The applicant is seeking vacation of the street right-of-way portion in order to curtail after dark meeting and parking activities, lunch hour parking, and littering. The applicant proposes to remove existing asphalt and curb and to extend new curb along Burnice Drive if the vacation is approved. Verizon, Brighthouse Cable and Knology have no objections to the vacation request. Progress Energy has no objections provided that an easement is provided to retain access to their facilities presently located in the subject right-of-way portion. The City's Parks and Recreation Department has reviewed the request and has requested that a 6-foot pedestrian easement be retained to continue the public's access to the Henry L. McMullen Park via the subject street right-of-way. Public Works Administration recommends that a 10-foot pedestrian easement be provided to enable construction of a sidewalk without need for a temporary construction easement. Public Works Administration has no objection to the vacation request subject to: 1) a drainage and utility easement shall be retained over the full width of the right-of-way to be vacated, 2) a 10-foot pedestrian easement shall be retained over the center 10-feet of the right-of-way proposed to be vacated, 3) all asphalt and curbing located within the subject right-of-way portion shall be removed with new curbing installed along Burnice Drive in accordance with City of Clearwater contract specifications within six-months of the date of this approval, 4) the applicant shall construct a 6- foot sidewalk along the center of the pedestrian easement in accordance with City of Clearwater construction specifications within six months of the date of this approval, and 5) the vacation approval will become null and void if the preceding conditions number 3 and 4 are not met. In response to a question, City Engineer Mike Quillen said staff had met with neighbors and the majority supports the request. The property owner will pay for required renovations. Declare as surplus for the purpose of offering for sale by sealed bid in accordance with Section 2.01(d)(5) of the City Charter, vacant residential lots described as Lots 6, 7 and 8, Block B, First Addition To Norwood, for the minimum bid amount of $33,000 per lot. In late 1998 and early 1999, the City funded demolition of two unsafe structures owned by Esther C. Hunt at 1500 and 1502 North Greenwood Avenue (now North MLK, Jr. Avenue) and filed liens totaling $3,533.21 for costs. There were a number of unaddressed code violations in a third structure also owned by Ms. Hunt, and ad valorem taxes for 1998 were unpaid and delinquent. Ms. Hunt and the City's Housing Division entered into negotiations to have the City purchase the property. A February 1, 1999, appraisal performed by Michael McKinley Appraisers/Planners valued the property at $50,000. On April 23, 1999, the City and Ms. Hunt entered into a Purchase Agreement for $54,000. In addition to the purchase price, the City agreed to forgive the demolition liens. The transaction closed and title conveyed to the City by Warranty Deed on August 23, 1999. Council Work Session 2005-08-29 6 Following recent market interest in the now vacant lots, the City hired State Certified Residential Appraiser Joseph A. Fornito who estimated the value of each lot at $33,000 on June 14, 2005. Upon sale of the subject lots, sale proceeds will reimburse Infill Housing Fund (181- 99661) for costs incurred to purchase the property in 1999. Excess funds will be applied to reimburse the City for other incurred holding costs, or accrue as either CDBG (Community Development Block Grant) program income or in the General Fund Surplus Land Sales account. In response to a question, Assistant Engineering Director Al Carrier estimated the value of the forgiven demolition liens at approximately $3,000. Staff will provide a map of the property location. Approve a work order to TBE Group, Inc. (EOR) in the amount of $134,410 for utility relocation design services being performed in conjunction with the Florida Department of Transportation’s (FDOT) S.R. 55/US 19 (South of Seville Blvd. to North of S.R. 60) roadway improvement project and authorize the appropriate officials to execute same. The Florida Department of Transportation (FDOT) is currently designing the roadway improvements of S.R. 55/US 19 from south of Seville Boulevard to north of S.R. 60. This roadway improvement project will necessitate the relocation or adjustment of the City’s water and sanitary sewer mains and appurtenances within the project limits. FDOT's final design phase is anticipated to be complete in May 2008, and construction is tentatively scheduled to begin in early 2009. Resolution #04-36, passed on December 16, 2004, established the City's intent to reimburse certain project costs incurred with future tax- exempt financing. 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, Utilities Engineering Manager Lisa Murrin said it has not yet been determined if the project will affect reclaimed water lines. Planning Provide Direction for future development of the Old Florida District. Planning Director Michael Delk said four public meetings were held on Clearwater Beach regarding the “Old Florida District.” He reviewed efforts to determine consensus for consistency when applying development standards in the district and options regarding land use and heights. Participant conclusions were to maintain buffers, allow a wider range of uses, mitigate the appearance of parcels from being overdeveloped, and enhance site design performances. Participants recommended allowing mixed-uses along Mandalay Avenue, overnight accommodations throughout the district, quality development, and to require increased site design for projects exceeding 30 feet in height. In recognition of development pressure on the beach, participants recommended allowing flexibility within established parameters. Mr. Delk said height will be the most difficult issue to address. Current patterns of development are between 50 and 60 feet in height. He said staff needs to work harder in performance areas, to increase green space, etc. As proposed, short-term rentals would be permitted in the “Old Florida District.” Participants supported a transition zone north of Somerset by limiting building heights there to 35 feet above FEMA (Federal Emergency Management Authority) limits, the same height as is allowed on Acacia. In response to a Council Work Session 2005-08-29 7 suggestion that heights of 40 feet be allowed, Mr. Delk said the extra five feet would permit higher ceilings, but not an additional story. A recommendation was made to increase density for overnight accommodations and to identify incentives to encourage this type development. It was noted that the City Council previously supported incentives and will consider them when brought forward by staff. A concern was expressed if incentives are not fast-tracked, the “Old Florida District” will be redeveloped totally as condominiums. The City Manager said, based on priorities, staff completed its review of the “Old Florida District” before tackling the small hotel issue. Support was expressed for more transitions, enhanced buffers, and for setbacks to be an increased performance standard. Mr. Delk said staff recommendations were based on community expectations. In response to a question, Ms. Clayton said large lots in “Old Clearwater Bay” allowed larger setbacks to be required in return for increased height. It was recommended that Code language changes be written clearly so that staff and the CDB (Community Development Board) can interpret and enforce them and that references to site design elements be understandable and enforceable. Ms. Clayton said developers who request additional height will have to go through the public hearing process, with a 60-foot development being a Level 2 approval. This item will be further discussed at Thursday night’s meeting. Official Rec and Legislative Svc Appoint a Councilmember to the Pinellas County Metropolitan Planning Organization with the term expiring on September 11, 2009. Consensus was to reappoint Mayor Hibbard to the Pinellas County MPO (Metropolitan Planning Organization). The meeting recessed from 11:50 – 11:59 a.m. City Attorney Pass Ordinance #7515-05 on first reading, establishing the Clearwater Cay Community Development District pursuant to Chapter 190, Florida Statutes; describing the external boundaries of the district; describing the functions and powers of the district; consenting to the use of special powers by the district; designating five persons to serve as the initial members of the district's Board of Supervisors. DC703, LLC, has petitioned the City to adopt an ordinance establishing the Clearwater Cay Community Development District pursuant to the "Uniform Community Development District Act of 1980," Chapter 190, Florida Statutes, (hereinafter the "Act"). Community Development Districts are independent special districts that finance, construct, and manage basic community development services (i.e. roads, parks, water management, etc.). The proposed district consists of approximately 49.37 acres of land located entirely within the City limits on a site, which is east of U.S. Highway 19 and north of Haines-Bayshore Road. Council Work Session 2005-08-29 8 The Act is designed specifically to provide a uniform and exclusive procedure for the formation, operation, and termination of Community Development Districts. For the formation of a Community Development District of less than 1,000 acres, the Act provides that a local government first must approve the petition and enact the establishing ordinance after public hearings and testimony as to: 1) Whether all statements contained within the petition have been found to be true and correct; 2) Whether the establishment of the district is inconsistent with any applicable element or portion of the State comprehensive plan or of the effective local government comprehensive plan; 3) Whether the area of land within the proposed district is of sufficient size, is sufficiently compact, and is sufficiently contiguous to be developable as one functional interrelated community; 4) Whether the district is the best alternative available for delivering community development services and facilities to the area that will be served by the district; 5) Whether the community development services and facilities of the district will be incompatible with the capacity and uses of existing local and regional community development services and facilities; and 6) Whether the area that will be served by the district is amenable to separate special district government. The appropriate City staff has reviewed the petition for establishment of the District on the proposed land and it is complete and sufficient. In response to questions, the City Attorney said the statutory language in Section 6 of the ordinance – Functions and Powers, is standard. The Development District should not impact existing City operations. District property owners will be charged special district costs. The taxing district will not impact surrounding neighbors. In response to a question, Mr. Delk said the City’s Comprehensive Plan is neutral on the issue. Either the Community Development District, or the City will need to provide services to the district. Any construction of buildings in the district will have to go through the City’s process. The City Attorney said the application states how all required criteria are met. The City Council will make their determination based upon the evidence presented. Staff has reviewed the application and has found no incorrect statements. The applicant has obtained signed approval from 100% of affected property owners to do this. The Community Development District provides a financing tool for the developer, who carries all risks. The City will bill the district to provide water, sewer, and garbage as it bills everyone else. In response to a question, the City Attorney will confirm if Community Development Districts stay in existence forever. Property owners eventually will vote for members on the board. The City has no future requirement to take back responsibility for district infrastructure. In accordance with a request by First American Title Company on behalf of Boos Development Group, approve for execution by the appropriate City officials, an Affidavit confirming the City does not claim an ownership interest in submerged lands underlying "Waterways" as described in that certain Plat of Unit Two Island Estates of Clearwater (recorded in Plat Book 47, Pages 19A and 20 of the Public Records of Pinellas County, Florida). In 1957, The North Bay Company platted Unit 2 Island Estates of Clearwater. The plat dedicated "to the Public in general all streets, waterways and public places shown on this plat." The City was therefore entrusted with oversight of the "waterways" on behalf of the public. The plat resulted in 18 developable lots for sale, but never contemplated a transfer of ownership of the adjacent submerged lands. As a result, the North Bay Company, or its successor-in-interest retained ownership of the bottomland. Council Work Session 2005-08-29 9 As potential successor-in-interest, Boos Development Group, in the course of completing the appropriate title work prior to closing through First American Title, is requesting confirmation that the City does not claim an ownership interest in the submerged lands underlying the "waterways" as dedicated for use by the public. It is City staff opinion that the plat does not result in an ownership interest in the name of the City, nor has any deed or other legal document ever been executed resulting in same. A map of the area was requested. In response to a question, the City Attorney said the City is not giving up anything by this confirmation. Council Discussion Items MPO/PSTA Transportation Issues Councilmember Jonson reported on proposed legislation to add four members to the PSTA (Pinellas Suncoast Transit Authority) Board and on the Florida Transportation Work Shop he attended. Relocation of Calvary Baptist Church Chapel Ken Heit, of HDR, reviewed the feasibility analysis of relocating the Calvary Baptist Church Chapel. Of five sites proposed by staff, only sites at the bottom of the bluff and at the current church high school were feasible. The church is not large enough for a new City Hall. Mr. Heit reviewed issues related to moving the rotunda down the hill for use as a performing arts facility, including the requirement for voter referendum approval, the possible need to remove asbestos, and the reconstruction schedule for the current church site. He estimated relocating the sanctuary to the bottom of the bluff would cost between $6- and $7- million, excluding $1.2-million in operational costs. In response to a question, Public Works Administrator Mahshid Arasteh estimated the City would need to spend approximately $2-million on the project prior to January. The Mayor reported his goal is to raise $4-million from the private sector to save the historic structure. Concerns were expressed that the referendum might fail and this effort was started too late. City Clerk Cyndie Goudeau said a referendum election would cost approximately $60,000. Mr. Dunbar estimated the City’s subsidy of the performing arts facility would be $530,000 annually. Utilities and maintenance to keep the structure open to the public only were estimated at $220,000 annually. It was felt the relocation schedule is too tight to apply for grants to offset some of the costs. Other Council Action Councilmember Hamilton requested direction regarding the PPC when representing Council at the next BIG C (Barrier Islands Governmental Council) meeting. Consensus was to support retention of the PPC (Pinellas Planning Council). Council Work Session 2005-08-29 10 Councilmember Jonson requested discussion of next year’s legislative agenda at tomorrow’s legislative appreciation dinner. Ms. Goudeau reported the City has not yet established next year’s agenda, and that tomorrow’s dinner is in appreciation of previous legislature efforts. Staff will be hosting the October 27, 2005 delegation public hearing at Ross Norton Recreation & Aquatic Complex. Mayor Hibbard recommended during the next year each Councilmember adopt a legislator and establish a relationship. Adjourn The meeting adjourned at 1:27 p.m. Council Work Session 2005-08-29 11