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11/17/2003 . . . CITY COMMISSION WORK SESSION CITY OF CLEARWATER November 17, 2003 Present: Brian J. Aungst Whitney Gray Hoyt P. Hamilton William C. Jonson Frank Hibbard Mayor/Commissioner - departed 10:42 a.m. Vice-Mayor/Commissioner Commissioner Commissioner Commissioner Also present: William B. Horne II Garry Brumback Ralph Stone Pamela K. Akin Cynthia E. Goudeau Brenda Moses City Manager Assistant City Manager Assistant City Manager City Attorney City Clerk 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. Service Awards Four service awards were presented to City employees. The Commission recessed from 9:04 to 10:14 a.m. to meet as the CRA (Community Redevelopment Agency) and the Pension Trustees. PLD PLANNING 2. Public Hearino & First Readinq Ordinances #7207-03 & #7208-03 - Approve the Land Use Plan Amendment from Residential/Office General (RlOG) to Commercial General (CG). and Zonino Atlas Amendment from O. Office District to the C. Commercial District for property located at 1515 South Hiohland Avenue (consistino of a 1.16 acre portion of Parcel 1 of the Labelle Plaza Shoppino Center. in Sec. 23-29-15). LUZ2003-08007 (LaBelle Plaza Shoppinq Center) The site is comprised of a portion of one parcel of land, 1.16 acres in area, at 1515 South Highland Avenue, generally at the northeast corner of South Highland Avenue and Belleair Road, is part of a larger parcel of land totaling 8.46 acres, and is known as the LaBelle Plaza. When the property was developed with a shopping center in 1990, only offices were planned to be located on the subject parcel which had a land use plan designation of Residential/Office General (RlOG) and was zoned OL, Office Limited with retail shops to be located within the remainder of the development. The property was rezoned to the 0, Office District when the new Community Development Code was adopted in 1999. The applicant, Griffin International, Inc., is requesting to amend the Future Land Use Plan designation to the Commercial General (CG) classification and to rezone it to the C, Commercial District to consolidate the entire shopping center in the same land use and zoning categories and enable the applicant to rent this portion of the center for retail, restaurant and/or office uses. Commission Work Session 2003-11-17 1 11/17/03 . . . The Planning Department determined that the proposed land use plan amendment and rezoning applications are consistent with the following standards specified in the Community Development Code: * The proposed land use plan amendment and rezoning application are consistent with the Comprehensive Plan. * The proposed use is compatible with the surrounding area. * Sufficient public facilities are available to serve the property. * The applications will not have an adverse impact on the natural environment. In accordance with the Countywide Plan Rules, the 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 size of the plan amendment site, review and approval by the Florida Department of Community Affairs is not required. The Community Development Board reviewed these applications at its public hearing on October 21, 2003, and unanimously recommended approval of both applications. In response to a question, Long Range Planning Manager Gina Clayton said this property was developed in 1990. The former Code would not have permitted office uses, however the new Code permits a percentage of office uses in this development. PUR PURCHASING Approval of Purchases per Purchasina Memorandum: 1. SEMCO Integrated Systems, Jacksonville, Florida - Security cameras, alarms and access control system in the amount of $125,000. (PW) (Consent) 2. Great Southern Peterbuilt, Inc., Jacksonville, Florida - 2004 Peterbuilt cab and chassis, Model 320 in the amount of $176,542.30. (SW) (Consent) In response to a whether the City will be receiving Homeland Security dollars, Assistant City Manager Garry Brumback said a grant is being sheparded by the Fire Department. MR MARINE /AVIATION 1. Approve renewal of a three-year lease aareement between the City of Clearwater and the Civil Air Patrol SER FL043. an auxiliary of the United States Air Force. for use of City property at the Clearwater Airpark. 1000 N. Hercules Avenue. in consideration of $1.00. The Civil Air Patrol (CAP) is a volunteer organization and the official auxiliary to the U.S. Air Force. The Civil Air Patrol has a membership of 43 senior members and 32 cadets. The future plans for the airpark call for a new airpark office/support building to be built in two to three years. The new structure (approximately 6,000 square feet) would be about three times the size of the existing building (approximately 2,000 square feet) and will have enough joint Commission Work Session 2003-11-17 2 11/17/03 . . . use meeting and training space to accommodate the Civil Air Patrol. The Civil Air Patrol brought in their current mobile home at no cost to the City, and placed it on an existing slab on the airpark property adjacent to the existing parking area. They will be required to remove the mobile home once construction of the new airpark office/support building construction begins, at no cost to the City. The Civil Air Patrol pays its own utilities to the City and provides volunteer labor and supervision for airpark open houses and airpark beautification projects. It was remarked that the CAP has a great youth program. In response to a question, Marine & Aviation Director Bill Morris said this lease renewal is consistent with the airpark's Master Plan. PR PARKS AND RECREATION 1. Approve increasino the Lono Center BudQet by $104,380: to include 2.9 FTE's (.4 new FTE's and 2.5 reallocated FTE's) which consists of one new Recreation Specialist position. 9 seasonal recreation leader positions and operatino costs to be funded from new revenue oenerated by the Lono Center. On August 21, 2003, the City Commission approved a five-year funding agreement from October 1, 2003 - September 30, 2008, with five, five-year renewable options, between the City of Clearwater and the Pinellas Community Center Inc., for the management and maintenance of the Long Center. The City of Safety Harbor has indicated they no longer desire to be a full partner in the Long Center in that they now have facilities within their corporate limits to meet the majority of the recreational needs of their residents. The only exception is in the area of aquatics. The City of Safety Harbor desires to continue its use of the aquatics center at the Long Center but remove all of their programs and staff from the Long Center. In order to compensate for the loss of programs once offered by Safety Harbor (i.e. summer day camps, Holiday break camps, adult volleyball league, preschool programs etc.), staff is proposing to increase personnel and operating expenses as outlined in the above recommendation. Revenue generated by offering these programs will more than offset the additional costs as well as make up for the reduction in the contribution from the City of Safety Harbor. Projected new revenue is $141,000. A total of 2.9 FTE's will be required to operate this programming. Of that total, .4 FTE's will be new with 2.5 FTE's coming from existing resources, as these areas have been contracted out to others. If approved, staff will be hired and put in place as soon as needed and additional costs and revenue will be included as a first quarter budget amendment. In response to a question, Parks and Recreation Director Kevin Dunbar said if the projected revenue is not generated, the personnel would not be hired. He said Safety Harbor would pay the City to allow their residents to participate in aquatics. Oldsmar has asked to do the same. PD POLICE 1. Approve an aoreement between the City of Clearwater and the School Board of Pinellas County. Florida providino for temporary assionment of an additional School Resource Officer to Clearwater Hioh School. (Consent) The Pinellas County School Board and the City of Clearwater agree that recent events require the temporary assignment of an additional School Resource Officer (SRO) to Commission Work Session 2003-11-17 3 11/17/03 . . . Clearwater High School that was not budgeted. The assigned temporary SRO position will be eliminated at the end of the 2003/2004 school year. In the interim, the City will evaluate its SRO needs for the 2004/2005 school year to include the possibility of grant funding for an additional SRO. Under the terms of the agreement between the School Board of Pinellas County and the City of Clearwater, the City will provide law enforcement and related services to Clearwater High School during the regular school year. The officer assigned to the school temporarily will provide instruction in law education, serve as a resource person, conduct investigations, provide security, maintain the peace, make arrests and provide support services as necessary. For school year 2003/2004, the School Board will reimburse the City the sum of $26,484, base salary, for the additional School Resource Officer. Said amount is pro-rated for 9/12 of a year as per the contract. Additionally, over time the School Board will reimburse costs related to school functions to the City. The actual salary and benefit cost to the City for providing an emergency School Resource Officer at Clearwater High School totals $35,312. The total cost, $35,312, minus the reimbursement, $26,484, equals an annual cost to the City of $8,828. The cost to the City will be absorbed in the Police Department's Operating budget. The difference between the actual costs and amount reimbursed is offset by the benefit of the program to the community and the Police Department. The Police Department has maintained a good working relationship with the School Board. School Resource Officers have been assigned to Clearwater High School since January 1, 1985. In response to a question, Police Officer Zara said there are numerous programs in place for children such as peer counseling, etc. The police are called when all efforts to control a child have failed. The SRO serves as a preventative measure to prevent arrest. It was remarked that there have been numerous arrests at Clearwater High since August. Officer Zara said the SRO position has been in place for approximately a year now and the overall consensus is that the high school is safer and kids are less intimated. In response to a question, he said some of the kids are involved in the peer monitoring program and drive golf carts to patrol the school grounds. Americorps members also help patrol the grounds. He said the City is working with the Sheriff's Office to place another SRO at Clearwater High School and one at Oakgrove Middle School. PC PUBLIC COMMUNICATIONS 1. Adopt Resolution 03-41 - ApprovinQ the transfer of Verizon Media Ventures. Inc. cable television franchise to KnoloQV of Florida Broadband. Inc. Mayor Aungst recused himself from the discussion and left the meeting. On June 20, 1996, the City of Clearwater adopted Ordinance 6046-96, granting a cable franchise to GTE Media Ventures, Inc., a wholly owned subsidiary of GTE Corporation. The ordinance granted the use of the City of Clearwater rights-of-way for a term of ten (10) years. Commission Work Session 2003-11-17 4 11/17/03 . On April 6, 2000, the City of Clearwater adopted Resolution 00-13, granting a transfer of control of the cable television franchise from GTE Media Ventures, Inc., to Verizon Media Ventures, Inc. as part of the GTE Corporation - Bell Atlantic Corporation merger. On July 22, 2003, Verizon Media Ventures submitted to the City of Clearwater FCC Form 394, a request to transfer control of the cable television franchise to Knology of Florida Broadband, Inc. Under the associated purchase agreement, Knology will assume control of the franchise and all associated assets within the City of Clearwater. Knology New Media, Inc. is an integrated service provider, offering cable television, high-speed Internet, and local telephone service through a single connection. The company has assets primarily in the Southeast - Alabama, Georgia, Tennessee, South Carolina and Florida. The closest existing franchise is located in Panama City, Florida. City staff from Public Communications, Legal and Internal Audit have reviewed documentation related to the transfer, and Public Communications staff have visited Knology's headquarters to speak with company leaders and inspect the company's infrastructure. Knology has assured staff that the company will comply with all provisions of the cable television franchise agreement as adopted in Ordinance 6046-96. Ms. Akin requested this item be continued as staff is working on a transfer agreement with Verizon. She said if Commissioners had individual questions, she would happy to meet with them. In response to a question, Ms. Akin said the City would begin new negotiations in two years. . PW PUBLIC WORKS 3. Approve a work order with Owen Avers and Associates, Inc. of Tampa, an Enaineer of Record. for the desian and permittina for the Lake Bellevue Expansion in the amount of $266,717. (Consent) The Lake Bellevue Expansion Project was identified and prioritized as the second top ranked project in the Stevenson Creek Watershed Management Plan (August 2001). The project would involve the expansion of Lake Bellevue by means of excavation of approximately eight acres of undeveloped City owned property, and portions of Ed Wright and Ross Norton Parks. The conveyance system to Lake Bellevue would be upgraded to provide adequate capacity for design storm events. Additionally, the stormwater collection system along Lakeview Road would be reconstructed according to current City Standards. The project is proposed to provide treatment of stormwater runoff from the local roadways as well as commercial and residential properties that are currently draining into Lake Bellevue. This would improve the overall water quality of all downstream water bodies to include Stevenson Creek, thereby protecting the waters of Clearwater Harbor. Flood protection will be provided to both upstream and downstream systems as well as removing up to 17 residential dwelling units from the 1 OO-year floodplain and increasing the flood protection level of service to one collector roadway and three residential roadways. This project will increase available habitat for native and migratory wildlife by the creation of shallow water wetland planted areas vital for a sustainable aquatic ecosystem. . Commission Work Session 2003-11-17 5 11/17/03 . . . On August 21, 2003, the Commission approved an amendment to Florida Department of Environmental Protection (FDEP) cooperative funding agreement No. W AP050 in the amount of $2,000,000 to share the cost in implementation of the Lake Bellevue Stormwater Improvements project. Project consultant estimates design of the project will be completed within 325 days from notice to proceed. Preliminary meetings have been held with the Parks and Recreation Department and continued coordination will take place at the 30%, 60% and 90% project review meetings. On October 2, 2003, third quarter budget amendments establishing the Capital Improvement Program and '04 Stormwater Bond Construction Fund projects, 315 and 357-96152, Lake Bellevue Stormwater Improvements, were approved with budgets for $1,000,000 of revenue from the FDEP and $1,000,000, respectively. Resolution 02-51 was passed on November 21, 2002; establishing the City's intent to reimburse certain project costs incurred with future tax-exempt financing. The projects identified with 2004 revenue bonds as a funding source were included in the project list associated with Resolution 02-51. Sufficient budget for interim financing or funding with 2004 Stormwater Revenue Bond proceeds when issued is available in project 357-96152, Lake Bellevue Stormwater Improvements. In response to a question, Assistant Engineering Director AI Carrier said this project is still in the preliminary phase. Updates will be provided as it develops. Neighborhood meetings will take place during the design phase. There would be no adverse affects on the neighborhood, as this project would actually remove some residents from the floodplain. This request is merely for the design phase of the project. It does not authorize the actual work. 4. Approve the Amendment to Lease Aareement between the City of Clearwater and PACT. Inc.. releasina a portion of leased property back to the City for a wetland restoration and mitiaation proiect and provide a contribution in the amount of $100.000 to PACT. Inc. to assist in the fundina of the expansion of the North parkina lot and stormwater pond. The City entered into a lease agreement with PACT, Inc. on March 7, 2001, for the Arts Facility, known as Ruth Eckerd Hall and appurtenances. The lease included property adjacent to Alligator Lake and the North parking lot of approximately 18.3 acres that has significant wetland areas as well as small areas of uplands and is not currently being utilized by Ruth Eckerd Hall. The City is proposing to develop a wetland restoration and mitigation project on the 18.3 acre parcel in order to satisfy a previous permit requirement, to provide wetland mitigation to offset future wetland impacts that may occur as a result of stormwater projects in the Alligator Creek Watershed and to restore and enhance the wetland area to provide habitat. The Amendment to Lease Agreement releases the 18.3-acre parcel back to the City for the development of the project. Ruth Eckerd has requested that the City provide a contribution to fund the creation of the new parking spaces located in the North parking lot and associated stormwater pond. The City will incorporate the wetland mitigation required as a result of the wetland impacts from the expansion of the parking area and stormwater treatment pond into the proposed wetland restoration and mitigation project. A first quarter budget amendment will allocate $100,000 of General Fund retained earnings to fund this contribution. In response to a question, Mr. Carrier said the 18 acres was not originally set aside as part of mitigation for the Ruth Eckerd site. Commission Work Session 2003-11-17 6 11/17/03 . Commission Discussion Items Commissioner Jonson attended the FLC (Florida League of Cities) Legislative Conference and will distribute copies of their policies. He encouraged everyone to attend the FLC Legislative Reception on February 17, 2004, in Tallahassee. The FLC will be asking cities to adopt a resolution to support FLC's priorities. Commissioner Jonson noted he will be attending a PSTA (Pinellas Suncoast Transit Authority) meeting after the work session. The PSTA wants the City to consider a resolution regarding PSTA's role as Countywide Transit Authority. The meeting is targeted at the four cities not currently in the PSTA taxing district in an effort to bring them in. He questioned if anything from the MPO would conflict to which Commissioner Gray said no. Commissioner Jonson said the Chair of EAB (Environmental Advisory Board) approached him regarding whether the informal working relationship with the City would continue after Commissioner Gray left office. He said he would be happy to take on that role. She felt it was up to the EAB to decide whether to continue those informal meetings. Commissioner Hibbard noted the February 17 work session conflicts with the FLC Legislative Reception. Commissioner Jonson mentioned a letter from Steve Fowler of the Mainstreet Committee regarding installing keystone on the exterior of the new Main Library. This item will be added to Thursday's agenda for discussion. . Adiourn The meeting adjourned at 11 :04 a.m. . Commission Work Session 2003-11-17 7 11/17/03