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07/18/2005CITY COUNCIL WORKSESSION MINUTES CITY OF CLEARWATER July 18, 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 Patricia O. Sullivan 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 Senator Jim Sebesta - End of Session Brief Senator Jim Sebesta reviewed legislative issues addressed this year. The Mayor presented him an engraved bowl in appreciation of work done during the 2005 legislative session. Representative Everett Rice - End of Session Brief Representative Everett Rice reviewed legislative issues addressed this year. The Mayor presented him an engraved bowl in appreciation of work done during the 2005 legislative session. Service Awards Five service awards were presented to City employees. Stephanie Z. Stefanelli, Engineering/Parking System, was presented the July 2005 Employee of the Month award. The Team Award for July - August 2005 was presented to the Long Center aquatic staff, Parks & Recreation Department. Supervisory Training Certificates Supervisory Training Certificates were presented to employees who had completed the City’s Supervisory – Leadership Development Program. Arts and Cultural Economic Impact Study Melinda Chavez, Executive Director of the Tampa Bay Business Committee for the Arts, gave a power point presentation on the Arts and Cultural Economic Impact Study. 3 NACWA Gold Awards Superintendent John Milligan and Water Pollution Control Division employees of the Public Utilities Department were congratulated for receipt of Gold Peak Performance Awards, presented by the NACWA (National Association of Clean Water Agencies). The Work Session recessed from 9:28 to 11:27 a.m. to meet as the CRA (Community Redevelopment Agency) and Pension Trustees. Budget Office Adopt a tentative millage rate of 5.753 mills for fiscal year 2005/06 and set Public Hearings on the Budget for September 1, 2005 and September 15, 2005 to be held no earlier than 6:00 p.m. In accordance with the TRIM Bill process it is necessary for the City Council to adopt a tentative millage rate prior to finalizing and adopting the Budget. The tentative millage rate will be included in the TRIM Bill notices sent to taxpayers in early August and cannot be increased without special mailing. The City Manager's recommended millage rate of 5.753 mills is the same millage rate as adopted for the past three fiscal years. The rolled back rate, according to State of Florida definition, is the millage rate that will provide the same ad valorem tax revenue as was levied in the prior year. If the recommended rate of 5.753 mills is adopted the City's ordinance adopting the millage rate will reflect a 13.74% increase over the rolled back rate of 5.0582 mills. The effect of the recommended rate of 5.753 mills on an individual Clearwater taxpayer: 1) If an individual’s property tax value has not increased (i.e. no reassessment), there would be no increase in the City of Clearwater share of property tax; 2) If an individual's property tax value has increased (i.e. reassessment), the tax increase would be the same percentage increase (a 3% increase in value would result in a 3% increase in the Clearwater share of property tax); and 3) If an individual’s property is homesteaded, and the property tax value has increased by more than 3%, the tax increase would be limited to a maximum of 3%, or the amount of the Consumer Price Index, whichever is lower. Budget Director Tina Wilson gave a brief power point presentation. In response to a question, staff is to investigate the City of Dunedin’s decrease in Pinellas County Sheriff Department costs. A comparison was requested of City leisure services with local municipalities. Devel/Neighborhood Services Approve request for forgiveness of the interest and penalties, in the amount of $8,635.60, associated with the demolition and lot clearing liens on the property located at 1604 N. Fort Harrison Avenue (Legal description: E. A. Marshall’s Subdivision, Lot 16); Owners: Daniel and Mary Trosili, 1605 N. Ft. Harrison Avenue. The current owners of the property located at 1604 N. Ft. Harrison Avenue are requesting a reduction of the demolition and lot clearing liens on the property, specifically to waive the interest and penalties associated with the liens to a total amount of $8,635.60 (as of June 24, 2005). The property currently is vacant and zoned Commercial. The owners realize that they will be responsible to pay the principal and administrative costs totaling $10,173.50. The liens were placed on the property by the City Council directly associated with the City’s costs involved with hiring outside contractors for the demolition of an unsafe structure, and clean up of overgrowth, due to conditions precipitated by previous ownership. The new owners purchased the vacant property in December 2004. They have kept the property well maintained since. Legally the only way these liens can be reduced is through City Council authorization. The City Council policy factors to be considered for waiver/reduction of liens and recommendations by staff (in parentheses): 1) Whether the violation has been brought into compliance regarding the violation cited. (The property is now in complete compliance with codes.) 2) Whether extreme or undue hardship is shown regarding payment of the lien and/or regarding coming into compliance with Code requirements during the required time. (There is no hardship indicated); 3) Whether there are existing code violations on other properties owned by the violator or prospective purchaser. (There are no violations on record by the current property owners.) 4) Whether there is a development or redevelopment proposal regarding the property, which would result in improvement or upgrade of the property. (The property owner has cleaned up the site and maintained it. This property creates a buffer between this site and a problematic rental/hotel property to the south. Conditions and crime stats on that site have been brought to the attention of the City Council in the past. The current property owners desire to install a fence on their property in order to stop transient traffic accessing a problematic property to the south.) 6) Whether, given such a development or redevelopment plan, it would be impractical to take the compliance action directed by the City Council. Not applicable as there is no current development plan for the vacant property. 7) Whether payment would hinder a proposed sale of the property. (The current owners went ahead and purchased the property.) 8) Whether an appraisal of the property, submitted by the applicant, demonstrates to the City that the cost of the lien has been absorbed. (The applicant did not submit a property appraisal.) 9) The amount of a lien will not be reduced below the amount representing administrative costs incurred by the city regarding the case. (The applicants intend to pay the principal and administrative costs.) Considering the above factors, especially the good faith efforts made by these applicants to improve the property and the area in general, staff is recommending a waiver of $8,635.60 for the interest/penalties associated with the liens on the property at 1604 N. Ft. Harrison Avenue, provided $10,173.50 is paid for the principal and administrative costs of the liens. Concern was expressed no hardship was shown and the new property owner was aware the lien existed when he purchased the property. Mr. Hall said the purchaser is assuming responsibility for the lien; he is just requesting the interest and penalties associated with it be waived. Mr. Hall said the primary goal of the new owner, who already owns the abutting property, is to address area problems. Concern was expressed the original owner would benefit from this reduction and a question was raised if the property’s price was discounted. Finance Approve agreement for external auditing services for fiscal years ending September 30, 2005 through 2009 with public accounting firm of Cherry, Bekaert, & Holland, LLP, for a total cost not to exceed $632,500 and authorize the appropriate officials to execute same. Per City Charter Article II, Section 2.01(c)(3), the City must have an annual audit by a CPA firm, and cannot employ an audit firm for more than five consecutive years. Although the City's current external auditors, Grant Thornton LLP, have only audited the City for four consecutive years, the firm recently indicated that due to staff turnover it does not have adequate governmental accounting expertise to return for the fifth and final year of the engagement (fiscal year ending September 30, 2005). The City solicited proposals for auditing services from qualified firms per RFP (Request for Proposal) 14.05, issued February 22, 2005. Five auditing firms provided proposals which were ranked by a selection committee consisting of the Assistant City Manager, Finance Director, Assistant Finance Director, Internal Audit Manager, and Public Works Controller. The public accounting firm of Cherry, Bekaert, & Holland was chosen by the committee, based on strong governmental experience and expertise, excellent references, and competitive pricing. The proposed contract includes a fixed fee of $105,000 for fiscal 2005, which represents a 13% increase over the fiscal 2004 audit fees of $92,775. Audit fees for fiscal 2006 through 2009 will increase by $5,000 per year, for an average annual increase of 4.5%. Also included in the requested amount is a contingency of 10%, for a total of $57,500 for potential changes in the scope of the audit related to new accounting pronouncements, additional grant programs requiring Single Audits, new bond issues, etc. The audit fee includes approximately $12,000 per year to be charged to HUD grant programs and $2,000 per year to be charged to the CRA (Community Redevelopment Agency). The remainder is budgeted in the Finance Department of the General Fund. In response to a question, Assistant Finance Director Jay Ravins estimated the value of the last year of the Grant Thornton contract at just under $100,000. The firm has the option to step away from the contract. When reviewing proposals, the selection committee rated government experience as most important. Cherry, Bekaert, & Holland is an international firm, with a strong presence in the Southeast. Marine and Aviation Adopt Resolution #05-29, clarifying the change of business transfer fee in commercial dock permits for storage of vessels at the Clearwater Municipal Marina. The City Council approved Resolution #05-07 on January 20, 2005. The resolution: 1) Modified the commercial and private dock permits, postponing the transfer fee equivalent to three year’s base rent in effect at the time of a sale, payable by the purchaser until the new Marina Business Plan in 2008; 2) Imposed no transfer fee for a business sold to a boat captain or crew member with proof of being with the business for five years or more; 3) Instituted a three year transfer fee at the time of a sale for any business desiring to change the business from its current form to another type of business, with the Harbormaster’s approval of the change, and 4) Instituted charging a nonrefundable fee to both remain on, or be placed on, both the commercial and private slip waiting list; $250 for commercial, $100 for private. In order to clarify when the transfer fee is to be imposed, staff submitted this resolution for Council approval. The transfer fee is to be charged when a current tenant sells his business to a new owner and the purchaser wishes to change the current operation to another form of business operation, provided the Marine & Aviation Director or his designee approves of the change. Marine & Aviation Director Bill Morris said all changes of use require his approval. No fee would be charged if an owner receives permission for a change of use. Adopt Resolution #05-31, authorizing Supplemental Agreement #1 to an existing JPA approved in March 2005 to complete the New Modular Terminal/Fixed Base Operation Building at Clearwater Airpark, increasing Department and Agency funding by $66,000 and authorize the appropriate officials to execute same. FDOT (Florida Department of Transportation) has agreed to increase reimbursable funding for the acquisition and installation of a New Modular Terminal/Fixed Base Operation Building at Clearwater Airpark, 1000 North Hercules Avenue by $66,000, to add the cost for upgrading the building roof and site preparation work. FDOT will contribute $52,800 (80%) of the increase and the City will cover the remaining $13,200 (20%). FDOT is authorizing approval to spend FY (Fiscal Year) 2007 FDOT funds, $52,800 (80%) now, but postpone reimbursement of these funds until July 1, 2006. The original JPA (Joint Participation Agreement), approved March 17, 2005 was in the amount of $187,500 with the FDOT providing $150,000 (80%) and the City providing $37,500 (20%). The total project cost for this JPA is now $253,500. In response to a question, Mr. Morris anticipated the new structure could last as long as the Airpark exists. Solid Waste/General Services Increase the Fleet Maintenance Operations Fuel budget by $400,000 and the Vehicle Parts budget by $200,000 with a transfer of $600,000 from the Garage Fund Retained Earnings. The cost of fuel has increased over 30% beyond the level anticipated when the budget was prepared for FY (Fiscal Year) 2004/05. The cost of diesel fuel has increased faster than unleaded. The cost of diesel is approximately 15 cents higher than unleaded. Diesel normally is lower than unleaded. The cost of parts has increased due to a shortage of steel and increased transportation costs due to the higher fuel costs. Many vendors have added surcharges to the parts costs and are increasing costs every two or three months, instead of the previous annual or semi-annual adjustments. In response to a question, Solid Waste & General Services Assistant Director Rick Carnley said the FY 2005/06 budget anticipates higher fuel costs. Staff has not yet considered hedging against future fuel costs. The use of bio-diesel fuel has not been explored. Engineering Award a contract to TLC Diversified, Inc. of Palmetto, Florida, for the Pumping Station #12 – Refurbishment project (#01-0058-UT) construction, in the amount of $341,990, which is the lowest responsible bid received in accordance with plans and specifications, including a 10% contingency, and that the appropriate officials be authorized to execute same. The purpose of this contract is to furnish all labor, tools, equipment, materials, supplies, services, and manufactured articles required to replace Pumping Station #12, and other related improvements. Pumping Station #12 is approximately 1/2 mile north of Drew Street, on the west side of Osceola Avenue, at the Nicholson Street intersection. McKim & Creed, the City’s Engineer-of-Record design consultant for this project, has provided written recommendation to award the construction contract to TLC Diversified, Inc. The Engineer’s estimate was $321,750, including a 10% contingency. Construction is expected to start early in August 2005, and be completed in 180 calendar days. It was questioned how long the replacement would last. Assistant Director of Public Utilities Todd Petrie said anything over 25 years would be a blessing. Approve issuance of a Purchase Order to Valleycrest Landscape Maintenance, in the amount of $28,207.05 for the installation and maintenance of landscaping in the planters at US 19 and Gulf-to-Bay Boulevard. In February 2005, the Florida Department of Transportation (FDOT) removed landscaping from these planters due to persistent complaints about the poor appearance of these plantings. In addition, these planters and plantings are scheduled for removal as part of the US 19 widening project, which has been scheduled by FDOT for 2006-2007. At the request of Council, staff negotiated with FDOT to allow the City to reinstall landscaping in these areas without having to go through the entire memorandum of agreement process. FDOT agreed to this request. A design was developed, approved by FDOT and three quotes were received to install the landscape and maintain it for one year. The quotes were: Valleycrest Landscape Maintenance - $25,312.65; Florida Environmental Care - $28,322.89; and Sunrise Lawncare, Inc. - $58,046.93. The purchase order will be issued for $28,207.05, which includes a 40% contingency for the maintenance. The high contingency is predicated on the fact that there is no irrigation available and supplemental watering or plant replacement may be required. Plants to be installed include oleander, dwarf facahtchee grass and ornamental sweet potato. A third quarter amendment will increase the budget from General Fund Reserves for the Parks & Recreation operating cost center Landscape/Contracts Team (0010-01867-530300-572-000-0000) to fund this contract. In response to a question, Environmental & Stormwater Management Engineering Assistant Director Glen Bahnick said if the US 19 widening project remains on schedule, staff could later try to use the landscaping elsewhere. Maintenance of the landscaping will be costly as the planters lack irrigation. FDOT (Florida Department of Transportation) will not allow the City to plant trees there, as a less expensive option. No landscaping will be present after the road is widened. Consensus was to pull this item due to the cost of the project. Award a contract for the 2005 Street Resurfacing Contract (#05-0009-EN) to R.E. Purcell Construction of Largo, Florida for the sum of $1,685,383.70, which is the lowest responsible bid received in accordance with the plans and specifications and authorize the appropriate officials to execute same. The City of Clearwater annual street resurfacing program is designed to prevent the deterioration of roadway wearing surfaces, provide a protective coating, and maintain the structural integrity of the road substructure throughout the City street system. The work consists of utility adjustment, asphalt milling, and asphalt surfacing. All streets scheduled for resurfacing in this contract have been determined to warrant their inclusion by virtue of an inspection and prioritization process performed by Public Works staff. The number and length of streets involved in this resurfacing contract is limited by the amount of annual funds to be expended at any given time. In addition to street resurfacing, the contract will include the Fleet Maintenance Driveway, the Public Service Driveway, and the Solid Waste Transfer Station Driveway. A pre-construction conference will be held immediately after execution of the contract documents. The contract time schedule will begin In August 2005. The contract period is 120 calendar days. In response to a question, Land Development Engineering Manager Scott Rice said plans to resurface west of Ft. Harrison Avenue are due to the condition of the streets and installation of reclaimed water lines. Continue to August 15, 2005 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). Questions were raised if this right-of-way originally was intended to be a secondary entrance to the Tropic Hills subdivision, if the City has structures in the right-of-way, and if subdivision residents may need this right-of-way in the future for US 19 access during construction. Staff will provide a history of this area. Input from subdivision residents was requested. Planning Approve the Petition for Future Land Use Plan Amendment from Institutional (INS) to Residential Medium (RM) and Zoning Atlas Amendment from the Institutional (I) District to the Medium Density Residential (MDR) District for 137 Fernwood Avenue (Lots 3 - 6, Block F, Eastwood Terrace Third Addition along with the 18 feet to the east of lots 3 - 6); and Pass Ordinances #7459-05 & #7460-05 on first reading. (LUZ2005-03004) The subject property is approximately 0.67 acre and is vacant. It is at 137 Fernwood Avenue, on the east side of Fernwood Avenue, approximately 400 feet south of Drew Street. The future land use plan amendment and rezoning is requested by the applicant, Faith Housing, Inc., which intends to construct up to 10 attached dwelling units on the site. It is proposed that the property have a Future Land Use Plan designation of Residential Medium (RM) and a zoning category of Medium Density Residential (MDR). The Planning Department determined that the proposed future land use plan amendment and rezoning applications are consistent with the following standards specified in the Community Development Code: 1) The proposed future land use plan amendment and rezoning application are consistent with the Comprehensive Plan; 2) The proposed use is compatible with the surrounding area; 3) Sufficient public facilities are available to serve the property; 4) 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. Based on the proposed density of the plan amendment, review and approval by the Florida Department of Community Affairs is required. The Community Development Board reviewed these applications at its public hearing on June 21, 2005 and unanimously recommended approval of both applications. In response to a question, Assistant Planning Director Gina Clayton said she is unaware of future plans for the church next door. The City’s Land Use Plan for this property mirrors the County’s. Residential Medium density is necessary for the affordable housing project to work. Concern was expressed that surrounding properties are zoned for lower density. The Work Session recessed from 12:36 p.m. to 1:00 p.m. Official Rec and Legislative Svc Reappoint two members to the Enterprise Zone Development Agency with the term expiring on July 31, 2009. Captain Anthony Holloway’s and Kristin Dailey’s terms are expiring. Both are eligible and interested in reappointment. Consensus was to place Captain Anthony Holloway’s and Kristin Dailey’s appointments to the Enterprise Zone Development Agency on the consent agenda for Thursday night. City Attorney Pass Ordinance #7447-05 on first reading, amending Chapter 2, Division 3, the Ethics Code, to conform with the Florida state Ethics Code. Florida Statutes Section 112.311 et. seq., constitutes the Florida Code of Ethics for Public Officers and Employees. For ease of use and to promote consistency, this ordinance will amend the Code to comply with the requirements of the State Ethics Code. The City Attorney reviewed the changes. In response to a question, she said gifts may not be accepted from entities doing business with the City. She explained group basis. In response to a question, she said an invitation to the Lake Belleview’s annual dinner of thanks is permitted because all staff members are invited. Homeowner associations can recognize public safety employees, for example, as associations do not conduct business with the City. Pass Ordinance #7448-05 on first reading, amending Article VIII, Chapter 2, Code of Ordinances regarding definitions and requirements for lobbyists, to conform with the Pinellas County Code. The current requirements for lobbyists under the City Code are inconsistent with Pinellas County Code Chapter 26, Article IX. To promote consistency and for ease of interpretation, the City's code should be amended to be consistent with Pinellas County's Code. In response to a question, the City Attorney said Councilmembers can visit vendors and accept trinkets at events, as they are seeking information. State law identifies cash thresholds for gifts. Council Discussion Items MPO/PSTA Transportation Issues. It was reported that the FLC had requested feedback on the proposal to study the boundaries of the MPO (Metropolitan Planning Organization) districts. Council was pleased with status quo and saw no reason to change. Consensus was to provide no response to the FLC regarding this issue. An update was provided regarding PSTA (Pinellas Suncoast Transit Authority) issues. PSTA received only one response to its RFP to upgrade the Park Street terminal in Clearwater. Follow-up to Council/Community Development Board Joint Meeting email dated June 6, 2005. Councilmember Jonson distributed a list of issues discussed at the May 31, 2005 Joint Work Session with the Community Development Board, and requested a policy decision regarding each. In response to a question, Planning Director Michael Delk reported staff will be bringing forward Code amendments to the Council in August. Discussion ensued in regard to infill development and it was indicated staff is reviewing this issue. It was recommended Council delay making decisions on Community Development Code issues today to allow time for Council to review the list. Consensus was to discuss at the August 1, 2005 Work Session. Pinellas Planning Council (PPC) Votes on Clearwater Cases (Executive Golf Course/Residential Development on Druid Road). Councilmember Hamilton reported the PPC is recommending denial of both cases. In response to a question, Ms. Clayton said the PPC found the conversion of private golf courses for housing to be a major policy issue and expressed concern regarding the ramifications. She noted current Countywide policy for open space pertains only to publicly owned land. A letter from the Florida Department of Community Affairs indicated the proposed development agreement for the Executive Golf Course is inconsistent with the City’s Comprehensive Plan and it was felt this concern related to a sequencing issue. It was remarked there are a number of golf courses in the County struggling with finances and the City cannot force a property owner to maintain a golf course but can require retention of the open space recreation designation. In reference to the proposed Druid Road development, Ms. Clayton said the PPC had concerns the recommended density was high and a precedent would be set for the adjacent mobile home park. Concern was expressed a County staff member’s opposition may impact a future County Commission decision related to this project. It was felt that there should be additional density around transit corridors. Policy re eminent domain. Councilmember Doran stated the City has an ordinance, which permits eminent domain for economic redevelopment within a revitalization/redevelopment area, and could apply to residential property. The City Attorney reported the City only used eminent domain once previously for redevelopment. The ordinance was written for use on the beach in the redevelopment area but was never used. She said the City could find a need to enforce it for economic development for a public purpose. Resolution supporting the 5th cent of Tourist Development Tax. Councilmember Hamilton said Pinellas County is the only county in Florida that has not adopted the 5th cent of the Tourist Development Tax. He reported the Arts community supports the additional tax but wants a portion of it. Concern was expressed in who would benefit from the additional cent and whether advertising is the best use for these funds. Councilmember Hamilton reported the 5th cent must be spent on advertising. It was felt implementing the 5th cent might free up funds from the earlier cents that could be reallocated for other things. Consensus was to prepare a resolution in support of a 5th cent tax and to include language recommending the possible reallocation of funds for other special projects such as public art. Other Council Action – None. Adjourn The meeting adjourned at 2:15 p.m.