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11/13/2007 CITY COUNCIL WORK SESSION MINUTES CITY OF CLEARWATER November 13, 2007 Present: Frank Hibbard Mayor John Doran Vice-Mayor Carlen Petersen Councilmember Paul Gibson Councilmember Absent: George N. Cretekos Councilmember Also present: William B. Horne II City Manager Joe Roseto Interim Assistant City Manager Pamela K. Akin City Attorney Cynthia E. Goudeau City Clerk Brenda Moses Board Reporter The Mayor called the meeting to order at 1:30 p.m. at City Hall. To provide continuity for research, items are in agenda order although not necessarily discussed in that order . Councilmembers sang Happy Birthday to Councilmember Gibson. Presentations 3CMA Awards - Joelle Castelli Public Communications Assistant Director Joelle Castelli presented the Mayor with awards the Public Communications Department received from the City County Communications and Marketing Association: 1) Second place award for Clearwater Police Department interactive CD ROM, and 2) SAVVY Award - first place for communications issues regarding the boat slips referendum campaign. Service Awards Three service awards were presented to City employees. The November 2007 Employee of the Month Award was presented to Eleanor “Sissy” Sharf, Main Library. The Bimonthly Team Award for November/December 2007 was presented to the Traffic Signal Remote Team – Traffic Operations, consisting of Dane Heatherington, Michael Whittaker, Himanshu Patni, Paul Bertels, and Lt. Wayne Andrews. Clearwater Awards for Neighborhoods Neighborhood Services Manager Becky Melendez provided a video of the Clearwater Awards for Neighborhoods program. Council Work Session 2007-11-13 1 The Mayor reported that Finance Director Margie Simmons won Finance Officer of the Year Award at the Florida League of Cities Awards Banquet. City Attorney Pam Akin was a finalist for City Attorney of the Year. Duke Tieman, local community activist, was a finalist for Citizen of the Year. The meeting recessed from 1:46 to 1:48 p.m. to meet as the Pension Trustees. Fire Department Award a contract to Harbor Guard Boats of Costa Mesa, California in the amount of $172,000 for the purchase of one (1) new FIREHAWK 28 MCD, Fire/Rescue boat in accordance with sec. 2.564 - (IV)(A)- authorize lease purchase under the City's master lease purchase agreement, and authorize the appropriate officials to execute same. The Department currently has a 1998, 19-foot APEX Inflatable boat driven by a Yamaha 119 HP outboard motor that is used for water rescue and dive platform operations. This boat is very unstable in gusty wind conditions and provides no marine firefighting capability. Due to it’s inflatable hull the boat is subject to damage from sharp objects. The Department researched and determined its needs. Specifications were developed and submitted for competitive bid on September 28, 2007. Harbor Guard Boats of Costa Mesa, California submitted the lowest responsive bid in the amount of $172,000 for a 28-foot FIREHAWK Fire/Rescue/Dive boat including trailer and delivery. The FIREHAWK boat is of a rigid hull construction powered by twin 250 HP Mercury Marine Verado 4-stroke outboard engines and a third 315 HP Mercruiser MPI Mag V8 inboard engine with Legend Jet Drive. The boat also is designed with ELECTRICALLY CONTROLLED DUAL COLLAPSIBLE DIVE DOORS (Patent Pending), which allows for multiple patient waterline access and platform for diving. The boat uses a jet drive diverter to turn the inboard motor into a fire pump capable of delivering 2,000 to 3,000 gallons per minute of water to supply 2 deck fire nozzles and hand line connections. Lease purchase funding in the amount of $165,000 for this purchase is budgeted in capital improvement project 316-91226, Other Fire Vehicles. A first quarter budget amendment will reflect an increase of $7,000 in lease purchase financing to project 316-91226, Other Fire Vehicles, to provide for the balance of this contract. Estimated annual operating costs include $38,460 for the annual debt service cost in each of the next five years, approximately $1,000 for the operation training of personnel, and approximately $1,500 for fuel. Other one-time costs include $5,000 for installation of the radar unit and $111 for the cost of maritime registration. All current year operating costs are included in the Fire Department 2007/08 proposed operating budget. The boat has a 10-year hull warranty and standard warranty on engines. For the first year the City should not have any maintenance costs. The existing inflatable will be surplused. The FIREHAWK boat will provide the Department with the widest capability in both marine firefighting and water rescue within the available budget. In response to a question, Deputy Fire Chief Kent Watts said this boat is more versatile than the boat being used now. It will be stored behind the Police Department’s District One location. The Police Department could use it if necessary. Council Work Session 2007-11-13 2 Marine and Aviation Approve the Marina five-year business plan for FY 2008 through FY 2012, including increasing slip fees to market rates, charging commercial tenants for slip location in the marina, decreasing the amount of discount on fuel sales, and amending the dock permit to provide a value back to the City if tenant sells vessel. In order to improve the financial status of the Marina operation, the business plan sets forth goals, objectives and strategies to be implemented in FY 2008. To reach these goals, staff respectfully requests that City Council approve: 1) Incremental increases as submitted to reach average market rate for private residential, non-residential and commercial rates; 2) Direct staff to prepare an amendment to Sec. 33.028 of Code of Ordinances to include market surveys of all local area marinas, not just municipal marinas when comparing rates; 3) Charge commercial slips for location in the marina; 4) Increase marketing and advertisement toward transient recreational boaters; 5) Maintain control over City slips by amending the dock permit to provide a value back to the City; and 6) Decrease the amount of discount on fuel sales. 1 and 2. Incremental increases to reach average market rate. Eliminate a different slip rate for residents and non-residents. The slip rates for resident private recreational slips will be increased to bring the municipal marina rates to market rate and in line with the downtown boat slip rates by 2012. 2008 – 31.5% 2009 – 31.5% 2010 – 31.5% 2011 – 31.5% 2012 - $0.50 The slip rates for non-resident private recreational slips will be raised: 2008 - 15% 2009 - 25% 2010 - 20% 2011 - $0.25 2012 - $0.25 In 2010 the slip rates will be at market and equal to the downtown boat slip rates. The slip rates for commercial slips will be raised: 2008 – 15% 2009 – 10% 2010 – 10% 2011 – 25% 2012 – 25% 3.Charge commercial slips for location in the marina Council Work Session 2007-11-13 3 The preferred location in the Marina are the slips along Coronado Drive and those renting those slips should pay a premium over the lower visibility areas of the Marina. 4. Increase marketing and advertisement toward transient recreational boaters. Increasing the number of transient slip nights has the ability to generate significant additional revenues without impacting our current tenants. 5. Maintain control over City slips by amending the dock permit to provide a value back to the City. Amend the commercial & private dock permits. Amend the commercial dock permit to provide a value back to the City when a boat is sold and the slip is transferred to a new boater. The commercial dock permit will also be amended or changed to a lease term or use agreement. The term will be a 5-year agreement with the option to renew at the end of the term agreement. A new 5-year “use” term will coincide with the transfer of ownership. The sale of a private boat. When a boat is sold, the slip will be vacated and the next person on the private waiting list will have the opportunity to rent the slip. The sale of a commercial slip. The sale of a commercial slip will provide value back to the City by providing a transfer fee each time the slip is turned over. When a commercial business is changed a transfer fee equivalent to the 2007 slip rate will be used to determine basis for the appropriate transfer fee. The increase will be based on the Consumer Price Index for all Urban Consumers (CPI-U) th South Urban area, for the twelve-month period ending June 30. The 2008 slip rate will have th CPI increases applied from the June 30 index. This will allow the CPI to be applied by October st 1 each fiscal year. Businesses remaining as the same business will have a transfer fee equivalent to one year’s slip rent based on 2007 rates with annual CPI increases. Businesses that are changing the type of business operation will have a transfer fee equivalent to two year’s slip rent based on the 2007 rates with annual CPI increases. The fee will be based on the current business operation slip rate. Harbormaster reserves the right to maintain a diversified selection of commercial boating activities. 6. Decrease the amount of discount on fuel sales. Revised strategy for fuel discounts: 1) Bring fuel price to market average. This would provide a 71-cent markup over the current cost of diesel fuel and a 54-cent markup over the current cost of gasoline; 2) Discontinue the 5-cent discount for a volume purchase of 500 gallons of diesel or more; 3) Discontinue the 14-cent discount for diesel for private recreational boaters; 4) Decrease the 27-cent discount for diesel for commercial tenants to a 20-cent discount; 5) Provide an 11-cent discount for gasoline for commercial tenants; and 6) Provide a Council Work Session 2007-11-13 4 4-cent volume discount in addition to the 20-cent discount for commercial tenants that purchase more than 500 gallons of fuel in a single month. The quantity will be tracked and a credit will be applied to the slip rent at the end of the month. Marine & Aviation Assistant Director Beverly Buysse said the business plan has been amended to include comments from the last meeting. In response to a question, Ms. Buysse said staff performs monthly surveys of fuel prices at area marinas. The vendor chosen to provide fuel to the Marina provides cleaner fuel and can meet the Marina’s delivery needs. Finance Director Margie Simmons said fuel prices will be provided to consumers at market price, and then discounts will be applied. Adjustments to fuel prices will be made as necessary. Consensus was for staff to increase the frequency of fuel surveys. Fuel price surveys are to include only those marinas within a 10-mile radius. Police Approve an agreement between The Florida Commission on Community Service and the City of Clearwater renewing the AmeriCorps Clearwater program for the period of January 1, 2008 through December 31, 2008, including a cash match in the amount of $63,318, and authorize the appropriate officials to execute same. (consent) The Clearwater Police Department has been a participating member of the AmeriCorps program since 1995, and for the past three years has been the lead agency and grantee for AmeriCorps Clearwater. AmeriCorps Clearwater is a public safety program designed to foster citizen responsibility, build neighborhood unity, provide educational opportunities, and save police officer time by members performing non-hazardous public safety duties. Each full-time program member provides 1,700 hours annually and each part-time member provides 900 hours annually, resulting in a savings of over 18,000 hours of valuable police officer time. This allows police officers to devote more time to hazardous and critical crime mitigation tasks. AmeriCorps members promote a safe and friendlier place to live and visit. They also serve as conduit for dissemination of information to residents and visitors who are most affected by ongoing changes in the City. The Clearwater Police Department benefits from the members’ assistance with community policing efforts and the opportunity to mentor and mold the potential police officers of the future. Eight full-time AmeriCorps members, five part-time AmeriCorps members and one AmeriCorps Program Coordinator are assigned to the Clearwater Police Department. The full- time AmeriCorps members receive a minimum living allowance/stipend of $11,100 per year, and part-time AmeriCorps members receive a living allowance/stipend of $5,876 per year. A continuation funding request and application was submitted and approved by The Corporation for National and Community Service for Federal Assistance in the amount of $130,924. Special Project 181-99269 has been set up for AmeriCorps Clearwater 2008. A budget amendment will provide the cash match of $63,318. This will consist of $50,895.78 from excess match funds in the AmeriCorps Clearwater 2006 project 181-99280 and $12,422.22 from excess match funds in the AmeriCorps Clearwater 2007 project 181-99273. Council Work Session 2007-11-13 5 In response to questions, Deputy Police Chief Dewey Williams said the AmeriCorps program is funded federally through the Corporation for National Service and through Volunteer Florida. Clearwater’s program is the only public safety program in Florida. If someone leaves the program within 3 months, they can be replaced. If someone leaves after 6 months, the City can keep the savings. Solid Waste/General Support Services Award a Contract (Purchase Order) to Pat's Pump and Blower of Orlando, FL for the purchase of one Sterling LT 7500 Cab and Chassis with Aquatech Sewer Cleaner Body at a cost of $217,000, authorize lease purchase under City's master lease purchase agreement and declare G2435, 2001 Sterling Chassis with Vac-Con Sewer Cleaner Body as surplus to the needs of the City for trade-in and authorize the appropriate officials to execute same. (consent) This contract will piggyback the City of Punta Gorda Bid #R07002/VEH- VACTRUCK/1622 with options for $315,000. Discount for Demonstrator of $ 37,000; Trade-in Value of G2435 of $ 61,000; Net Award Amount of $217,000. This Cab and Chassis replaces G2435 that is included in the Garage CIP Replacement List for Budget Year 07/08 and will be assigned to Public Services. In response to a question, Solid Waste/General Services Assistant Director Rick Carnley said the cleaner is in poor condition and if the pump was replaced, the unit would require a major overhaul within two years. 9. Planning Approve the Annexation, Initial Land Use Plan Designation of Industrial Limited (IL) and Initial Zoning Atlas Designation of Industrial, Research and Technology (IRT) District for 2000 Calumet Street (Lot 8, Clearwater Industrial Park, Section 01, Township 29 South, Range 15 East); and Pass Ordinances 7890-07, 7891-07 & 7892-07 on first reading. (ANX2007-08023) This voluntary annexation petition involves a 5-acre property consisting of one parcel of land occupied by a warehouse and distribution center. It is located at the northeast corner of Calumet Street and North Hercules Avenue. The applicant is requesting this annexation in order to receive solid waste and sanitary sewer service from the City. The Planning Department is requesting the 0.67-acre of abutting North Hercules Avenue right-of-way not currently within the City limits also be annexed. The property is contiguous to existing City boundaries to the north, south and east. It is proposed that the property be assigned a Future Land Use Plan designation of Industrial Limited (IL) and a zoning category of Industrial, Research and Technology (IRT). Due to timing constraints, the applicant wished to commence construction prior to annexation. To facilitate this, the City’s Planning and Engineering Departments reviewed the building permit prior to issuance by Pinellas County to confirm the site plan is compliant with the Community Development Code and City stormwater codes. After City review, Pinellas County issued a building permit for a 6,040 square-foot addition to the western end of the building on the site from Pinellas County. The addition will house laundry facilities, which will produce Council Work Session 2007-11-13 6 wastewater that cannot be discharged into a septic system. The Pinellas County Building and Development Review Services Department will not issue the applicant a Certificate of Occupancy until the property is connected to the City’s sanitary sewer system for discharge of wastewater. Before the City will issue a permit to the applicant to connect to the City’s sanitary sewer system, the applicant’s petition must be approved at the first reading of City Council. Second reading of City Council will be postponed until the applicant is issued a Certificate of Occupancy from Pinellas County. After the issuance of the Certificate of Occupancy, this petition will be placed on the City Council’s agenda for second reading. The Planning Department determined that the proposed annexation is consistent with the provisions of Community Development Code Section 4-604.E as follows: The closest sanitary sewer line is located in the adjacent North Hercules Avenue right- of-way and the applicant has paid the City’s sewer impact and assessment fee and is aware of the additional costs to extend City sewer service to the property. Collection of solid waste will be provided by the City of Clearwater. The property is located within Police District III and service will be administered through the district headquarters located at 2851 North McMullen- Booth Road. Fire and emergency medical services will be provided to this property by Station 48 located at 1700 North Belcher Road. The City has adequate capacity to serve this property with solid waste, police, fire and EMS service. The proposed annexation will not have an adverse effect on public facilities and their levels of service. The proposed annexation is consistent with and promotes the following objective of the Clearwater Comprehensive Plan: Objective 2.4: Compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. The proposed Industrial Limited (IL) Future Land Use Plan category is consistent with the current Countywide Plan designation of this property. This designation primarily permits industrial uses with a Floor Area Ratio of 0.65. The proposed zoning district to be assigned to the property is the Industrial, Research and Technology (IRT) District. The use of the subject property is consistent with the uses allowed in the District and the property exceeds the District’s minimum dimensional requirements. The proposed annexation is therefore consistent with the Countywide Plan, City’s Comprehensive Plan and Community Development Code. The property proposed for annexation is contiguous to existing City boundaries to the north, south and east; therefore the annexation is consistent with Florida Statutes Chapter 171.044. The PPC (Pinellas Planning Council) staff has reviewed this annexation and no objections were raised. Assistant Planning Director Gina Clayton said staff requests Council delay second reading of this item until after some construction is finished in the County. In response to a question, she said the abutting right-of-way not within City jurisdiction generally is annexed whenever possible so that it is under City control. Approve a work order in the amount of $30,750 to DKS Associates, an Engineer of Record, for professional services to prepare a traffic study to evaluate the feasibility of increasing hotel density on Clearwater Beach and establish capital project 315-92837, Beach Area Traffic Study, in the amount of $30,750 funded from unallocated transportation impact fees and authorize the appropriate officials to execute same. (consent) Council Work Session 2007-11-13 7 At the August 16, 2007 City Council meeting, the Planning Department presented an analysis and proposal for increased overnight accommodation density on Clearwater beach. At that time the Department recommended that the City pursue increasing hotel density from 50 to 150 – 210 units per acre for properties governed by Beach by Design. The proposed increase was based on an economic analysis prepared by Dr. Owen Beitsch that concluded hotel density must be greatly increased if economic parity is to be achieved between condominium and hotel development. The Department’s proposal indicated that an infrastructure analysis would need to be conducted to ensure that the adopted Levels of Service for water, sewer and transportation could be maintained with such substantial increases in hotel density. To date, the water and sewer analyses have been completed. The Planning Department is requesting that DKS Associates, an Engineer of Record, be retained to conduct a traffic analysis to determine whether there is adequate capacity in the road network to support the proposed increase in hotel density. DKS Associates is very familiar with the traffic issues on Clearwater beach due to the significant amount of work the firm has done on various beach traffic projects. The proposed scope of work includes an analysis of maximum build-out conditions on Clearwater beach and Sand Key incorporating the proposed density for the beach, and the density allowed by the Pinellas Planning County for the areas of Sand Key where hotels can be constructed. If the analysis identifies LOS (level of service) issues, the report will identify low-cost and easily implemented mitigation measures. If the study forecasts significant failures, DKS Associates will determine the threshold of development that can be supported without creating LOS deficiencies. The Planning Department is requesting that a capital project be established for this study and the contract be awarded to DKS Associates in the amount of $30,750. A first quarter budget amendment will transfer $30,750 of unallocated transportation impact fees to establish capital project 315-92559, Beach Area Traffic Study. In response to questions, Ms. Clayton said the results of the water and sewer analyses were positive. A previous traffic analysis of the East Shore area considered additional hotel densities. This analysis will include the barrier islands, evacuation support, and worst-case scenarios. The study also will analyze the uses, the amount of traffic those uses generate and ability to accommodate traffic. Business owners are responsible to ensure adequate parking for their facilities. No changes to heights and setbacks are being proposed. Adjourn The meeting adjourned at 2:49 p.m. Council Work Session 2007-11-13 8