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01/21/2003 . . . CITY COMMISSION WORK SESSION CITY OF CLEARWATER January 21, 2003 Present: Whitney Gray Hoyt P. Hamilton William C. Jonson Frank Hibbard Vice-Mayor/Commissioner Commissioner Commissioner Commissioner Absent: Brian J. Aungst Mayor/Commissioner Also present: William B. Horne II Garry Brumback Ralph Stone Pamela K. Akin Cynthia E. Goudeau Patricia O. Sullivan City Manager Assistant City Manager Assistant City Manager City Attorney City Clerk Board Reporter The Vice-Mayor called the meeting to order at 9:03 a.m. at City Hall. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. Service Awards One service award was presented to a City employee. Emplovee of the Month Carol Richard, Parks & Recreation Department, was presented the December 2002 Employee of the Month award. Team Award The Team Award for November-December 2002 was presented to the Operations Division of Solid Waste. The Commission recessed from 9:10 to 9:15 a.m. to meet as the Pension Trustees. PRESENTATION Desiqn Consultant for Gulf Boulevard Phil Graham, Principal Designer for the Gulf Boulevard Project, said the original estimate for the beautification project extending from the Bayway in St. Pete Beach to Sand Key in Clearwater was $30-million. At the behest of the Board of County Commissioners, all related costs were considered, including a 15% contingency. The new estimated cost for the 22-mile project is $74.9-million, in today's dollars. Less expensive alternatives to the original project are being considered. The Finance Committee, a subcommittee of the Steering Committee, which Commission Work Session 2003-0121 1 01-21-03 J . . . is made up of representatives from the 11 affected communities, will study the options and report to the Board of County Commissioners. The cost of alternative plans should be available in several months. The project's next step will define the limit of the County's contribution, the City's contribution, and the project's scope. In response to a question, Mr. Graham said burying utilities along the entire route was anticipated to cost between $47- and $48-million, including easement acquisition. Priorities for the sequence of construction of the project have not been established. Each community will set its own priorities and manpower commitments. He estimated the entire project could be completed in less than 10 to 15 years. Support was expressed to invest in the infrastructure along the beach, the County's best asset, which is visited by most tourists. It was indicated Federal and State funds may be available for the project. It was stated the project is important as international competition for tourist dollars is keen. Mr. Graham said $14.5-million in grant money may be available for the project. PUR PURCHASING Approval of Purchases per Purchasinq Memorandum: 1. Purchase of two (2) HP5470 Server for $105,563.26 from Dimension Data, Clearwater, Florida. (IT) 2. Work Order for engineering, construction, and inspection services for off site drainage improvements for Town Pond for $50,764 from Post, Buckley Schuh & Jernigan, Inc., Tampa, Florida. (PW) In response to a question, Public Services Director Gary Johnson said the Town Pond project was budgeted and will be completed in late March. ED/HSG ECONOMIC DEVELOPMENT/HOUSING Authorize the City of Clearwater to enter into an Aqreement with the Housinq Finance Authority of Pinellas County. whereby the City will provide up to a maximum of $100,000 in State Housing Initiatives Partnership (SHIP) funds for low-income households going through the "Housing Finance Authority of Pinellas County - SHIP Assisted Loan Program". The SHIP (State Housing Initiatives Partnership) funds will be used by the Housing Finance Authority of Pinellas County to reduce the interest rate on Single Family Bond issues in 2003 for loans issued within the city limits of Clearwater. The Bond program is popular with low- income homebuyers because it provides a lower interest rate and is typically combined with down payment and closing costs assistance through jurisdictions in which the property is purchased. The SHIP Assisted loans will be for households earning 65% or less of Area Median Income. PCHFA (Pinellas County Housing Finance Authority) already has utilized $70,000 in City SHIP funding during calendar year 2002. Based upon the number of households assisted to date, PCHFA has indicated a large demand for assistance exists within the City limits. Commission Work Session 2003-0121 2 01-21-03 . . . SHIP funds will be provided to PCHFA and will be repaid when excess proceeds are realized from the sale of the bonds and as borrowers repay their loans. The City funds will be combined with other funding from the County and other participating jurisdictions to allow the County to offer a lower interest rate than would have been provided if the SHIP funds were not used. The SHIP funds will help create a lower "blended" interest rate on the bond issues. In response to a question, Assistant Housing Director Howie Carroll reviewed local medium incomes, indicating incomes are not keeping pace with increased housing prices. The demand for subsidies continues to increase. In response to a question, he reviewed staff efforts to market the program. He said staff could not handle the volume of responses if the programs were mass marketed. FN FINANCE Request for authoritv to settle the workers' compensation claim of Claimant. Ronnie White, in its entirety to include medical, indemnity and attorney fees for the sum of $30,000. Additionally the City of Clearwater will waive entitlement to any lien it may have as a result of any third party claim the Claimant may have resulting from this accident. On 11/27/01, Claimant, a solid waste employee for the City of Clearwater, slipped while attempting to empty a garbage container, when he sustained injuries to his right hip, knee, ankle and back. The Claimant eventually had low back surgery (lumbar fusion). His knee injury may require surgery in the future. The Claimant, as a result of his work-related injuries, sustained a 12% permanent impairment with permanent physical restrictions regarding bending stooping and lifting. This settlement is recommended as being in the best interest of the City of Clearwater by the City of Clearwater's Claims Committee, the City of Clearwater's Risk Management Division, and the City's outside counsel, Mark Hungate. In response to a question, the City Attorney said the City is requesting no part of any recovery Mr. White may receive from the store where the accident occurred. The accident was beyond the City's control. CGS CLEARWATER GAS SYSTEM Approve a Joint Proiect Aareement with the State of Florida's Department of Transportation to relocate natural aas mains during improvement project, FPN: 2571050-1-56-03/WPI No. 7117138/SPN: 15120-3527/Pinellas County, SR 688 (Ulmerton Road)/from Oakhurst to 119th Street, at an estimated cost of $321,160.50, and adopt Res. 03-06. FDOT (Florida Department of Transportation) has a project to widen/improve SR 688 (Ulmerton Road) from Oakhurst to 119th Street, including roadway, sidewalk, other improvements, and utilities to include existing Clearwater Gas System facilities, which conflict with the design. Under the JPA (Joint Project Agreement), FDOT's general contractor will perform the relocation of existing natural gas mains. Having FDOT's general contractor install the natural Commission Work Session 2003-0121 3 01-21-03 . . . gas mains allows for work to be done in a timely manner and releases Clearwater Gas System from penalty payments. In response to a question, CGS (Clearwater Gas System) Managing Director Chuck Warrington said the relocation fund is large enough to cover this project, which clearly will separate CGS and Peoples gas lines to opposite sides of the street. LIB LIBRARY Approve construction authorization for the new Main Library to Turner Construction Company. 500 N. Westshore Blvd., Tampa, FL in an amount not to exceed $2,413,621. The construction budget for the new Main Library is $14,532,915. The Commission has authorized $13,200,915 of this budget to Turner Construction Company for the following: Construction Budget Turner's Fees Construction Authorization #1 Construction Authorization #2 Construction Authorization #3 Construction Authorization #4 Total Remaining to Authorize (July 12, 2001) (April 18,2002) (July 18, 2002) (September 5, 2002) (January 23. 2003) $14,532,915 ($ 1,560,100) ($ 1,466,426) ($ 2,736,078) ($ 5,024,690) ($ 2.413.621) $ 1,332,000 Approval of the GMP (guaranteed maximum price) contract will authorize the remaining $1,332,000. All funds remaining to be authorized for construction are from the Clearwater Library Foundation's Main Library Capital Campaign. The Finance Department will confirm receipt of the Foundation's funds prior to Commission approval. Funds for construction of the new Main Library come from the following sources: City of Clearwater (Penny for Pinellas revenue bonds, grant, bequest) Clearwater Library Foundation (Main Library Capital Campaiqn) Total $11,100,915 $ 3.432.000 $14,532,915 Approval of this construction contract will allow the full 90,000 square feet of space to be completed. In response to a question, Library Director John Szabo said the City must receive the anticipated funding of $1,332,000 from the Library Foundation in February or some space will have to be shelled. Staff will report which sections cannot be completed. Future donations can be used to complete these spaces, although related costs will increase. Residents were encouraged to make their contributions now. The project is on time and on budget. It was stated the project shows the extent of the City's commitment to downtown redevelopment. Commission Work Session 2003-0121 4 01-21-03 . . . MR MARINE IAVIATION Approve a line of credit with the Clearwater Community Sailina Association from the General Fund for UP to $50,000 with interest at approximately the cash pool earnings rate (to be determined by the Finance Director) to be used only to pay salaries, such loan to be repaid to the City by the end of the initial three year term which expires September 30, 2005. The Commission approved the initial three year term of the Clearwater Community Sailing Center Management Agreement at the July 18, 2002 Commission meeting. Included in the agreement under Section 4, the City agreed to provide a line of credit up to $50,000. The line of credit only is to be used to pay salaries. This was requested to assist the Center during the slow winter months of the start-up operations, which officially began on October 1, 2002. Upon the request of the Clearwater Community Sailing Association, and upon approval by the Marine and Aviation Director, the Finance Department will issue a check to the Association. Interest will be calculated on a quarterly basis at the cash pool earnings rate (FY02 = 4.77%) and posted to the line of credit balance. The Marine and Aviation Department will monitor the line of credit to insure that it is being used only to pay salaries for authorized employees, and that payments are received by the City from the Association as funds are available. The line of credit must be repaid to the City by the end of the initial three-year term that expires September 30, 2005. To insure that the line of credit is repaid by September 30, 2005, this table represents the maximum line of credit balance during the last year. December 31, 2004 March 31, 2005 June 30, 2005 September 30, 2005 $25,000 $20,000 $10,000 $ - 0- The outstanding balance of the line of credit must be treated as a reserve of available fund balance in the General Fund. In response to a question, Marine & Aviation Department Director Bill Morris said the line of credit only will cover a portion of the salaries for the Sailing Center's 2.5 FTEs (Full Time Equivalents ). PD POLICE Adopt Resolution 03-05 authorizes the Mavor-Commissioner to execute the Mutual Aid Aareement which will permit voluntary cooperation and assistance of a routine law enforcement nature across jurisdictional lines and operational assistance by and among these law enforcement agencies. Mutual aid agreements between law enforcement agencies are authorized by Chapter 23, Florida Statutes, for rendering voluntary assistance of a routine law enforcement nature to one another across jurisdictional lines and providing operational assistance during emergencies. Commission Work Session 2003-0121 5 01-21-03 . The City of Clearwater and City of Largo recognize that an increasing number of criminals are operating across jurisdictional lines and there is a need for continuing multi- jurisdictional response to such unlawful activities. The law enforcement agencies want to continue the long history of cooperation by forming a comprehensive agreement for mutual aid and the exercise of police authority across jurisdictional boundaries. Aggressive drivers, speeders, and other traffic violators do not respect jurisdictional boundaries and that violators sometimes commit the violations with impunity in the presence of a municipal law enforcement officer from a neighboring jurisdiction. The City of Clearwater and City of Largo desire to provide a multi-jurisdictional response to these areas of traffic enforcement. Both cities also recognize that traffic accident victims must sometimes wait for a response from the agency in whose jurisdiction the incident occurred. To resolve this situation, the City of Clearwater and the City of Largo would like to formalize a comprehensive agreement for mutual aid. Upon approval of this Mutual Aid Agreement the City of Clearwater and City of Largo Police Departments may also request and render assistance, to deal with situations such as civil disturbances, natural or man-made disasters, concerts, parades, and incidents requiring utilization of specialized units. . Police Chief Sid Klein invited the public to attend the Mutual Aid Agreement signing at the Missouri Avenue Bank of America on February 1, 2003. The agreement will not expand the City's liability. Staffs' efforts were applauded. In response to a question, the Police Chief said the Sheriff had elected not to participate in a Countywide agreement, which all municipal police chiefs support. In response to a question, the Police Chief said this change expands the current agreement to include crimes in progress and traffic accidents. The City Manager said staff has approached the Sheriff's staff regarding a Countywide agreement. He suggested if the City Commission supports a Countywide agreement, they discuss this issue with the Sheriff, an elected official. Support was expressed for a Countywide agreement. Approve an expansion to the Police Department's Take Home Car Plan to increase visibility of patrol officers and vehicles to the citizens of Clearwater in the total amount of $372,700.00 for cars and equipment. This purchase will include the awarding of a contract to Don Reid Ford of Maitland, Florida, in the amount of $247,150.00, for the purchase of ten (10) 2003 Ford Crown Victoria Police Sedans, in accordance with Sec. 2.564 (1 )(d) Florida Sheriff's Association Bid 02-010-0826. The take-home car program is a primary method to enhance the perception of safety for the citizens of Clearwater by having more marked patrol cars disbursed throughout the City. This program will maximize the visibility of patrol officers who reside in Clearwater and also officers working off-duty assignments by using a marked patrol car. . The Police Department is experiencing a loss of police officers to agencies that provide take home cars. The take home car program will assist in providing an initiative to retain our officers. This program is being expanded to include patrol officers who reside in enclaves within Commission Work Session 2003-0121 6 01-21-03 . . . the city's planning region. The program expansion will add one car for an officer who resides in an enclave, and nine cars for officers currently residing or who are planning to reside in the City. An annual estimated total impact of $10,000 is expected for fuel and maintenance. Monthly maintenance costs will be absorbed through the general fund budget. Due to the expected delivery date occurring late this fiscal year, the actual budget impact will be limited. The ten additional cars will need to be replaced in five to eight years. Officers are required to provide assistance, and answer calls, when they are on or off duty while assigned a take home car. It was stated a side benefit of the program permits officers to spend more time on the road as there is no need to load/unload their vehicles. In response to a question, the Police Chief said this is the best use of the funds as the program provides an incentive to retain Police Officers. In response to a question, he said 17 officers left the Police Department last year to join agencies that offer take-home cars, higher salaries, and benefits. PC PUBLIC COMMUNICATIONS Communication Plan Public Communications and Marketing Director Jackii Molsick and her staff were complimented on the job they do in getting information to the public. It was noted Ms. Molsick had administered the first Citizens' Academy. In response to a question, she said there is department involvement with all questionnaires that go out Assistant Public Communications and Marketing Director Joelle Wiley reviewed the Strategic Communication Plan: 1) Guiding Principles of accuracy, consistency, promptness, and encouraging dialogue; 2) Visions & Missions to provide messages consistent with Commission priorities; 3) Staff to develop messages that are important, informative, of compelling interest, responsive to feelings, beliefs, and needs, reflective of redevelopment plan programs, and able to refocus as change occurs; 4) Communication Themes indicating the City works, employees are committed to customer service, City officials listen, the City values diversity and is a great place to live, work, and play; 5) Communications Vehicles of in-house productions, C-VIEW and variable message boards, City web site, autodialer, PowerPoint presentations, St. Petersburg Times, Tampa Tribune, utility stuffers, poster, brochures, citizen's guide, annual report, CIP newsletter, Connections, weekly newspapers, television and radio stations, and literature; and 6) Goals committing to improvement that communicate policies, increase awareness & participation, convey fiscal responsibility, commit to neighborhoods, and develop a news media relationship. Staff will focus on key City projects, milestones, new facilities, renovations, construction, department milestones, and events. The City's message will reflect City Commission goals and directions, citizen surveys, and keen listening. It was suggested the City: 1) operate a motorist and visitor information radio frequency; 2) include in the City's web site e-mails to Commissioners, Commissioner shared information, and links to other projects; and 3) the increased use, but not overuse, of banners. The City Manager said the banner over Court Street meets community demand for information. It was stated the City of Dunedin's banner over Alternate US 19 successfully communicates with the Commission Work Session 2003-0121 7 01-21-03 . community regarding local events. Use of a banner to advertise downtown events was encouraged. Assistant City Manager Garry Brumback said staff had determined the approximately $80,000 start up costs for a radio delivery system would be an ineffective use of resources. Public Works Administrator Mahshid Arasteh said a radio system is being considered for US 19 and Gulf-to-Bay Boulevard. City Clerk Cyndie Goudeau said the FYI project eventually will allow internet access to view City documents, including City Commission mail. The City Manager offered best wishes and complimented Ms. Molsick's efforts at the City, stating she leaves behind a successful system when she relocates out of state. The Commission joined in offering best wishes to Ms. Molsick. PW PUBLIC WORKS Public Hearinq - Declare as surplus for the purpose for offerinq for sale in compliance with City purchasinq requlations a portion of Block H. Avondale Sub. and a portion of Block D. Norwood 1st Addition. commonlv known as "Fulton Apartments" for the minimum bid amount of $925,000, subject to special conditions of the Fulton Apartments Declaration of Surplus Criteria. The City assembled the land supporting the Fulton Apartments over a number of years. The Trustees of the Internal Improvement Trust Fund conveyed title in Lots 4 through 7, Block H, Avondale Subdivision to the City for $40.00 in 1946 for non-payment of taxes. In 1966, Lots 1 through 4, Block D, Norwood 151 Addition were acquired from 3 different owners for $24,000. . The City built affordable rental housing on the assembled parcels in 1970. The apartments were operated and managed by the Clearwater Housing Authority until 2000, along with its own affordable 4-unit apartment building on Lot 3, Block H, Avondale Sub. The City acquired the Housing Authority units early in 2002 for $100,000. There are a total of 19 units in the complex: 3-one bedroom apartments, 12-two bedroom units and 4-three bedroom units. The rehabilitation includes such things as: new kitchen cabinetry, new central air conditioning and heating systems, new appliances, roofing, utility services, decorative fencing and accessory features. The work is scheduled to be completed by March 2003. The cost of the rehabilitation will be approximately $800,000 and was funded by HOME Investment Partnership and State Housing Initiatives Partnership (SHIP) funds. The proposed sale price of $925,000 has been established by appraisal performed by Richard Tobias, MAl, of Valuation Services, Inc. in December 2002. Sale of the property will allow the City to recapture a majority of the invested funds to use for other affordable housing activities. A portion of the invested funds may remain in the property as a soft second mortgage, if necessary. In response to a question, Assistant Housing Director Howie Carroll said construction delays were due to unanticipated problems. This property is the only large-scale rehab owned by the City. . Public Hearinq - Declare as surplus Pinellas County Parcel 16-29-15-00000-120-0600 and offer for sale in compliance with City purchasing regulations for a minimum bid amount of Commission Work Session 2003-0121 8 01-21-03 . $187,000, subject to the successful bidder committing to initiating construction of a redevelopment project within a FAR of not less than 3.0 and of not less than 216,000 sq. ft., more or less, within five years of purchase, and subject to existing lease with Arnold-Brown Properties. The subject property is an approximately 54.30 X 344 strip of land containing 18,709 square feet, more or less, fronting the south side of Drew Street between Osceola Avenue and North Ft. Harrison. The property was assembled from three owners in late 1963 and early 1964 for the total cost of $123,800. The purchases anticipated a future need for additional Drew Street right-of-way. The westerly 150 feet of the parcel was leased to Arnold-Brown Properties between 1985 and 2002, while the easterly portion was operated until recently as a metered surface parking lot. On August 20, 2002, the City entered into a new 5-year lease with Arnold-Brown Properties that includes the entire parcel. The City may terminate the lease with 60-day notice if the Commission determines the property is required for other municipal purposes. As a condition of sale, the City would require the successful bidder to join this parcel with other properties and commit to initiating a project with a FAR of not less than 3.0 and of no less than 216,000 square feet, more or less, within five years of purchase. A development of this magnitude would create a catalyst for significant additional redevelopment of this area. . The subject property has been underutilized as surface parking for many years. The new library may increase parking demand, but the use of the subject property as a component of a larger redevelopment project outweighs its value as continued surface parking. A longer term parking solution other than the subject property will be required to meet parking requirements for Coachman Park, the new Library, SteinMart and Harborview. Jerry Fiala, MAl, of Appraisal Associates of Tampa Bay, Inc., performed a "highest and best use" valuation of the property on November 18, 2002. His conclusion of value was $187,000 in consideration that the parcel was most suitable for development of a small retail facility or for consolidation with adjacent parcels. In response to a question, Assistant City Manager Ralph Stone said last year, Lee Arnold had announced a mixed use project downtown and indicated an interest in the subject parking lot. Mr. Stone said the City does not want to miss this window of opportunity, considering the current market. In response to a question, the City Attorney said restrictions in the agreement will allow the City to repurchase this land if conditions are not met. In response to a question, the City Attorney said if someone other than Mr. Arnold bids successfully on this property, development would be delayed due to a current 5-year lease on the parking lot. In response to a question, the City Attorney reviewed limitations on City development of the strip of land. It was indicated there is little incentive for others to bid on this property. Mr. Stone said the parcels are very narrow and used only for surface parking. He said a development project on this property would serve as a catalyst for additional downtown development. . Commission Work Session 2003-0121 9 01-21-03 . Award a contract for the Northwood Estates Drainaae Improvements (02-0026-EN) to Harvey-Taddeo, Inc. of Oldsmar, Florida for the sum of $68,530 which is the lowest responsible bid received in accordance with the plans and specifications. (PW) On July 12, 2001, the City Commission approved an agenda item, which authorized staff to proceed with design, permitting, and bidding of a project in a City drainage easement at 2517 Deer Run East; consisting of replacement of a stormwater pond with a culvert. The original estimate for this project was $80,000. The original stormwater drainage system for Northwood Estates Tract F consisted of a ditch/pond system located in the rear of lots addressed as 2505- 2529 Deer Run East. In the early 1980s, the ditch/pond system was replaced with culverts on three of these lots. The pond at 2517 Deer Run East remains open and has become a maintenance and aesthetic problem for the homeowner. Work proposed in this contract includes replacing the open cut ditch in the rear of 2517 Deer Run East with culverts and also cleaning out and planting native species in the downstream pond, which is in the rear of 2505 Deer Run East. This project will commence after award and execution of the contract and will be completed in 90 calendar days. In response to a question, Assistant Director of Engineering AI Carrier said this is a small area constantly invaded with vegetation and replacing the pond with a culvert would be the best approach. It was noted this is an eyesore and almost impossible for the homeowner to maintain. City Engineer Mike Quillen said the downstream pond will not be filled. The City Manager said staff had assessed similar issues Citywide and has determined this project is the most reasonable approach at this location. . Approve the Interlocal Aareement between Pinellas County Environmental Manaqement and the City of Clearwater for the development. implementation, and operation of a County wide Ambient Water Qualitv Monitorina Proaram for six years at an estimated total cost of $145,500. The City's NPDES Permit #FLS000005, in cooperation with Pinellas County, requires Pinellas County and its co-permittees to fund, develop, implement, and maintain a water quality monitoring program to track water quality improvement throughout Pinellas County. The Ambient Water Quality Monitoring Program will be designed, implemented, maintained, and partially funded by Pinellas County. The total cost of the program for the first year is $226,085, with the cost of the program being prorated among co-permittees by jurisdictional areas. The cost to the City for the first year of the program is $25,444. Pinellas County will be responsible for administration of the program including collection of samples, coordination of samples to a certified analytical laboratory, reviewing and managing analytical data, and reporting the data to US Environmental Protection Agency and Florida Department of Environmental Protection, in accordance with the NPDES permit requirements. In response to a question, Mr. Carrier said related costs will increase in the future. The design portion of the program will determine if the program will monitor both fresh and salt water. Mr. Carrier will provide the Commission with a standard list of pollutants that will be monitored. In response to a question, Mr. Carrier said Clearwater's costs are based on the City's size, with Clearwater paying 11 % of related costs. Pine lias County has the largest . Commission Work Session 2003-0121 10 01-21-03 . . . amount of property and is paying a 53% cost share, followed by St. Petersburg, then Clearwater. Staff will provide the Commission with a breakdown of costs. PLD PLANNING Public Hearinq & First Readinq - Ord 7070-03. Ord 7071-03. and Ord 7072-03 - Approve the petition for Annexation. Land Use Plan Amendment from County Residential Urban (RU) to City Residential Urban (RU) and Zoninq Atlas Amendment from County A-E, Aqricultural Estate Residential District. to City LMDR. Low Medium Density Residential District for 2400 Varsity Drive (consisting of Metes and Bounds 42/02 in Section 7, Township 29 South, Range 16 East) (George Hunt ANX2002-10016) This site is located at 2400 Varsity Drive, which is on the north side of Varsity Drive approximately 2,000 feet north of Drew Street and 1,000 feet west of Old Coachman Road. The subject property is approximately 7.15 acres in area and is currently occupied by a tree nursery. The purpose of the annexation is to enable the applicant to receive City sewer and water service so the property can be redeveloped with a single-family residential subdivision. A Future Land Use Plan designation of Residential Urban (RU) is proposed along with a zoning category of LMDR, Low Medium Density Residential. The Planning Department determined that the proposed annexation is consistent with the following standards specified in the Community Development Code: 1) The proposed annexation will not have an adverse impact on public facilities and their level of service; 2) The proposed annexation is consistent with the City's Comprehensive Plan, the Countywide Plan and the Community Development Code; and 3) The proposed annexation is contiguous to existing municipal boundaries, represents a logical extension of the boundaries and does not create an enclave. This annexation has been reviewed by the Pine lias Planning Council (PPC) and Pinellas County staffs according to the provisions of Pinellas County Ordinance No. 00-63, Section 7(1-3), and no objections have been raised. 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: 1) The proposed land use plan amendment and rezoning application are consistent with the Comprehensive Plan; 2) The potential range of uses and the specific proposed use are compatible with the surrounding area; 3) Sufficient public facilities are available to serve the property; and 4) The applications will not have an adverse impact on the natural environment. On December 17, 2002, the Community Development Board unanimously recommended approval of this item. Concern was expressed water stands on this property following heavy rains. Long Range Planning Manager Gina Clayton said the developer is responsible for developing a stormwater management plan. Direction reqardinq Short Term Rental On September 16, 2002, there was general agreement among City Commissioners that some code amendments should be considered to further clarify that short-term rentals are not Commission Work Session 2003-0121 11 01-21-03 . . . permitted in the residential zoning districts. On November 17, 2002, approximately 200 people attended the Commission's public input meeting on this issue at the Clearwater Beach Recreation Center. Staff is seeking clarification from the Commission on the amount of time that is considered to constitute a short-term rental. The Planning Department, Development Services, and Legal Department recommend revising the definition section of the Community Development Code to clarify that a length of the short-term rental is defined as a rental period less than 30 consecutive days or one calendar month. Development & Neighborhood Services Director Jeff Kronschnabl said staff has investigated short-term rentals on Clearwater beach and found many problems. Planning Director Cyndi Tarapani reviewed short-term rental regulations for nearby communities: 1) St. Pete Beach - at least 90 days; 2) Redington Shores - rely on PPC (Pinellas Planning Council) rules for single-family neighborhoods and limit to 30 days in the multi-family district; .3) Madeira Beach - consistent with PPC rules in single-family districts. Tourist dwellings allowed in multi-family district; 4) Indian Shores - not specifically regulated - must rely on PPC rules; 5) Indian Rocks Beach - at least 90 days; 6) Tarpon Springs - at least 6 weeks in single-family district. Allowed in residential multi-family, residential office, and waterfront development districts; and 7) Pasco County - permitted outside subdivisions through conditional use permit process. Permitted in existing subdivisions through conditional use permit if 51 % of lot owners support. Permitted in new subdivision or portion of subdivision provided approved through conditional use permit. Deed restrictions must specify if short term rentals are permitted. Ms. Tarapani said according to the American Planning Association, many resort communities are facing similar problems. Staff feels single-family districts differ dramatically from transient areas and that rentals for less than 30 days is not a compatible use. She said shorter rentals negatively impact quality of life issues, such as safety, health, and welfare. Concern was expressed this issue affects the property rights of both long-term residents and property owners who rent out vacation homes. In support of maintaining current PPC restrictions requiring 30 day minimum rentals, it was stated zoning separates uses, beach rentals advertised on the Internet for periods less than 30 days offer space for a large number of people and parties, reducing cost per person rates to that of a motel. It was stated short-term rentals never were permitted explicitly in low and medium density neighborhoods and that this effort is to clarify, not change related language. It was stated short rental homes are located in a single-family district, not motel district, and that single-family district neighborhoods deserve a traditional neighborhood atmosphere and quality of life. It was indicated some visitors behave poorly and use single day rentals for party houses, damaging neighborhoods. It was stated the number of vehicles at short-term rental homes is high, the lifestyles of vacationers differ from those of residents related to light and noise, short- term rentals artificially inflate housing prices, and enforcing current rules will relocate visitors back to the tourist district In response to a concern regarding enforcement, Ms. Tarapani reviewed enforcement methods, stating an education period would be included. In response to a question, Mr. Kronschnabl said a simple enforcement process needs to be developed. He anticipated the majority of complaints would be received during weekends and evenings. Other parts of the City also are affected. Staff has found some homes in east Clearwater retrofitted from single Commission Work Session 2003-0121 12 01-21-03 . . . family to multi-family residences. Concern was expressed long-term residents who rent by the week not be affected negatively by changes to City policy. In support of allowing rentals for less than 30 days, it was stated Clearwater beach is a unique tourist destination, many visitors prefer to rent homes during one-week stays, the tourism market may be undermined if this option is eliminated, many rental homes on Clearwater beach are better maintained than owner occupied ones, a way could be found for both entities to coexist peacefully, enforcement of stricter standards will be expensive, renting vacation homes in residential neighborhoods offers a quality family vacation experience, and problems related to poorly behaved renters can be addressed through enforcement, Ms. Clayton said the City's rules need to be consistent with Countywide rules, which state that rentals are considered transient housing if they are rented for less than 30 days at a time and more than three times in a calendar year. The City can submit a request for the PPC to determine if allowing rentals for less than 30 days in residential neighborhoods is consistent with Countywide rules. In response to a question, Ms. Tarapani said an overlay district could be established to permit rentals for less than 30 days. She reviewed related rules, such as the requirement for 60% of homeowners to support that creation. In response to a question, the City Attorney said she anticipates litigation will occur, regardless of the Commission's final decision. Rezoning residential areas is another option. In response to a question, Mr. Kronschnabl reviewed processes that could be used to enforce the 3D-day limit, stating staff needs tools to deal with irresponsible landlords. He said it would be easier to enforce current regulations than trying to change them. In response to a question, Ms. Clayton said St. Pete Beach and Indian Rocks Beach are not proactive in enforcing the 3D-day limit. It was felt there is no reasonable way around the 30 day limit. It was stated residents deserve their quality of life and neighborhoods should not be allowed to deteriorate. It was recommended the County be asked to consider allowing rentals for 7 to 10 days. The majority supported staff bringing back a recommendation to limit rentals to 3D-days. CA LEGAL DEPARTMENT Attornev/Client Session The City Attorney requested an attorney/client session regarding Clearwater Oaks vs. the City be scheduled for February 3, 2003, at 8:30 a.m. Consensus was to so schedule. Commission Work Session 2003-0121 13 01-21-03 . . . City Manager Verbal Reports Commission Discussion Items 2003-2004 Budget - Jonson Commissioner Jonson recommended the City apply to FOOT (Florida Department of Transportation) for a payment in lieu of landscaping and plan on how those funds would be spent and to budget a hurricane safety program to include mast arm replacement. In response to a request, Mr. Brumback will provide the City Commission with costs related to mast arms. It was recommended an economic development workshop be held to consider related budget issues. Other Commission Action Jonson encouraged City Commissioners attend the FLC (Florida League of Cities) advocacy workshop on Monday night, and invited Vice-Mayor Gray to greet attendees. Jonson reported he plans to attend the February 4, 2003, FLC meeting as part of his normal travel. Commissioners said "Go Bucs." Adiourn The meeting recessed at 12: 17 p.m. Commission Work Session 2003-0121 14 01-21-03