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05/30/2000CITY COMMISSION WORKSESSION CITY OF CLEARWATER May 30, 2000 Present: Brian J. Aungst Mayor/Commissioner J. B. Johnson Vice-Mayor/Commissioner Ed Hooper Commissioner Robert Clark Commissioner Ed Hart Commissioner Also present: Michael J. Roberto City Manager Bill Horne Assistant City Manager Pamela K. Akin City Attorney Cynthia E. Goudeau City Clerk Patricia O. Sullivan Board Reporter The meeting was called to order at 9:02 a.m. at City Hall. The Commission recessed from 9:02 to 9:04 a.m. to meet as the Community Redevelopment Agency. BU BUDGET Presentation - Capital Improvement Project Budget Budget Director Tina Wilson reported the CIP (Capital Improvement Program) budget for FY (fiscal year) 2001 is $86.7-million: 1) $0.8-million - police/fire protection; 2) $5.1-million – streets & intersections; 3) $38.4-million – parking & engineering; 4) $9.4-million – recreational facilities; 5) $6.5-million – infrastructure maintenance; and 6) $26.5-million – Utilities: a) $11-million – Stormwater; b) $12.9-million – Water & Sewer; c) $1.9-million – Gas; d) $0.5-million – Solid Waste; and e) $0.2-million – Recycling. The CIP budget for the 6-year plan is $279.1-million: 1) $12.5-million - police/fire protection; 2) $29.9-million – streets & intersections; 3) $40.3-million – parking & engineering; 4) $31-million – recreational facilities; 5) $32.9-million – infrastructure maintenance; and 6) $134.5-million – utilities. General fund revenues total $1,336,010: 1) $115,200 – fire; 2) $325,000 – recreation; 3) $20,000 – Pier 60; 4) $695,010 - libraries; 5) $93,600 –facilities; and 6) $87,200 – other. The 6-year plan includes new initiatives: 1) fire stations/equipment; 2) enhanced traffic calming; 3) Enterprise Road improvements; 4) Glen Oaks Golf Course facility; and 5) Airpark hangers. Major FY 2001 projects include: 1) Memorial Causeway Bridge; 2) North Greenwood Recreation Complex; and 3) Town Pond improvements. Staff proposes no changes to the Penny for Pinellas list but recommends the City Commission review Penny for Pinellas priorities in August 2000. Staff recommends a change to the City’s road millage policy from 0.3835 mills or $1.78-million in FY 2000 to 0.3452 mills or $1.72-million in FY 2001. Ms. Wilson said property values have increased by 10%. Funding for traffic calming has more than doubled. Enterprise Road will be improved between McMullen-Booth Road and US 19N. Airpark revenues will increase with the construction of hangars. The City Manager said the City Commission must set the maximum millage rate before July 14, 2000. The proposed budget will be distributed this week. City Commission questions can be addressed at both June meetings. Two public meetings will be scheduled for July. The Commission will review additional Commission recommendations in August after public input and analysis. Discussion ensued regarding Budget Meeting dates. Staff will propose another schedule. A cross-reference of project funding was requested. In response to a question, Ms. Wilson said the $2.8-million remaining Penny for Pinellas I funds has been allocated to the Fire Department. The City Manager recommended increased funding for traffic calming to improve City neighborhoods. He said decisions related to beach parking garages must be made before bonding future Penny for Pinellas II funds can be considered. Staff will bring forward construction plans for a Northeast fire station for City Commission approval. In response to a question, Ms. Wilson said she will analyze the decrease in the Utilities CIP. A reduction to the Police Department budget is related to the non-repeating expense for a command vehicle. The fire budget mirrors requests made by Fire Chief Rowland Herald on May 2, 2000, and meets most Fire Task Force recommendations. The City Manager said the budget is not funding 4-person crews and recommends the northeast fire station be constructed in 2003. Ms. Wilson said no funds have been identified for the new main fire station, projected for 2006. Intersection funding was reduced to meet the priority issue of traffic calming. ED ECONOMIC DEVELOPMENT Contract to Sonny Glasbrenner, Inc., Demolition of Commercial Structure - 841, 901-927 Cleveland Street (Parcel A & B) and 813 Park Street (Parcel C), $65,450 On June 3, 1999, the City Commission approved the CRA’s purchase of Parcels A & B on Cleveland Street. This contract will prepare the property for redevelopment by razing and removing all buildings, structures, and pavement on the property. Upon completion, the entire site will be seeded and mulched. State Brownfields appropriations will fund the contract. In response to a question, title Economic Development Program Manager Miles Ballogg said the firm recycles everything on site and is able to underbid other contractors, which do not. First Reading Ord. #6560-00 - granting FPL FIberNet, L.L.C. a franchise to provide telecommunications services to business customers in the City of Clearwater FPL FiberNet, LLC, has requested a franchise from Clearwater to provide telecommunications services to business customers in the City. The firm is constructing a fiber-optic Sonet based network and will suspend most of its lines from existing poles. State Statutes and City Code provides authority for the City to grant a telecommunications franchise. The agreement is non-exclusive. FPL FiberNet, LLC will obtain necessary permits as required by all franchisees for this purpose. The franchise is for a 10-year term. The grantee shall pay an annual franchise fee of $750 per linear mile of grantee’s system and the City’s standard right-of-way utilization permit fee charges. A typo in the agreement will be corrected. Due to changes in State law, the City Attorney said this franchise agreement will be in effect only for 18 months when a new State system to collect franchise fees goes into effect. The State reported reassigning the collection of these fees to the Department of Revenue will be income neutral. The method is intended to capture more services and be fairer. In response to a question, the City Attorney said related issues still require State resolution. An appeals process will be available. IA INTERNAL AUDIT Res. #00-24 - Approving Time-Warner Inc. and America On-line Inc. merger, granting a change or transfer in control of the Time Warner Entertainment - Advance/Newhouse Partnership (d/b/a Time Warner Communications) Cable Franchise, a subsidiary of Time Warner Inc. On November 21, 1996, the City adopted Ordinance #6108-96, granting a cable franchise to Time Warner Entertainment – Advance/Newhouse Partnership (d/b/a Time Warner Communications). The Ordinance granted the use of City rights-of-way for a term of 15 years. Time Warner Communications submitted documents dated February 7, 2000, to the City requesting approval of the proposed merger between Time Warner, Inc. and AOL (America On-On-Line, Inc.) The corporate structure of the merger will make Time Warner, Inc., a wholly owned subsidiary of the new holding company, AOL Time Warner, Inc. Upon merger approval and completion, Timer Warner Communications will remain a subsidiary of Time Warner, Inc. The Mayor reported he had a conflict of interest and recused himself from discussion. In response to a question, City Auditor Robin Gomez said the proposed merger will be in effect in October 2001. FY 2000 will be the base year used to determine future distribution. PW PUBLIC WORKS Contract to Oce'-USA, Inc., purchase one Model 9476 II Multifunction System Copier/Plotter with 5-year maintenance agreement, $40,005; declare surplus to City needs & authorize trade-in one 1995 Oce' Model 7150 large document copier; authorize financing under City's Master Lease-Purchase Agreement The large format copier/plotter reproduces 24-inch by 36-inch and larger engineering plans, atlas sheets, and aerial photographs and has reduction and enlargement capabilities. The Model 7150 is in the 6-year CIP (Capital Improvement Program) budget for replacement in FY (fiscal year) 2000/01 for $35,000. Model 7150, an analog copier, is no longer eligible for maintenance contracts or manufacturer support. It is used to service all City departments and produces as many as 30,000 linear feet of copiers annually. Model 9476 uses digital technology and reduces processing time. Its maintenance agreement includes all parts and labor. Usage charge in excess of 12,000 linear feet annually will be billed at $0.084/linear foot. Annual debt service is estimated at $9,206, at 5.5% interest rate with annual operating costs estimated at $6,600. Current annual operating costs of Model 7150 are approximately $6,200 plus approximately $3,000 in repair costs to a third party vendor to keep it in service. In response to a question, Public Works Administrator Mahshid Arasteh said the proposed contract provides the best per copy rate available. First Reading Ord. #6562-00 - increasing domestic water, lawn water & wastewater collection utility rates by 6.6% beginning 7/1/00 Funds from the increase are necessary to maintain compliance with debt service coverage requirements and to continue capital improvement projects to expand the reclaimed water system, upgrade the water pollution control facilities, and rehabilitate the wastewater collection systems due to aging facilities and regulatory requirements. A 3% rate increase for domestic water, lawn water, and wastewater collection utility rates, recommended in the last rate study, was effective October 1, 1998. It was then anticipated increases of 9.7% would be required in 2000, 8.8% in 2001 and 2002, and 3.1% in 2004. Subsequently, changes to the operating and capital plans and significant refunding of existing debt necessitated adjustments to the rate study. Burton & Associates has completed a water and wastewater collection utility rate study to cover 5 years of operations. The Burton & Associates Rate Study recommends a 6.6% rate increase per year for 5 years to have sufficient funds to cover debt service, operation costs, and capital improvement projects. This ordinance to authorize the first year increase of 6.6% will be effective July 1, 2000. An independent study of the Utilities Department’s operating and capital improvement programs will determine future rate increases. The Utilities Department proposes to issue a RFP (Request for Proposals) for a comprehensive cost analysis of the water and sewer systems. The analysis will benchmark national averages as reported by organizations such as APWA (American Public Works Association) and AWWA (American Water Works Association) and will establish funding levels to ensure future operations and maintenance of the water and sewer systems based on a long-range plan. In addition, staff proposes that Burton & Associates complete a rate structure study. The current structure for water and sewer rates is not compatible with national standards, and should be adjusted to allow a more equitable distribution of the costs among all users. In response to a question, Public Utilities Director Kevin Becotte said minimum monthly water and sewer charges in the County range from $25 to $44. The City’s minimum monthly charge is $29. The City Manager recommended an analysis of the City’s entire utility operation to address long term issues such as future water sources. In response to a question, Ms. Arasteh said new rates do not cover future County water rate increases. Mr. Becotte said 5.4% of the increase is for the water and sewer system, while the remaining 1.3% is for sewer system improvements. The City purchases the majority of its water from the County. Roundabout Status Report Ms. Arasteh said staff had gathered information regarding vehicle movement through the Roundabout during Spring Break, and had an independent consultant, Barry Crown, review the roundabout during 2 weekends in March. On one weekend day, the roundabout handled 54,000 vehicles and 4,200 pedestrians. The need for Police Department personnel during Spring Break has decreased from a staff of 17 directing traffic at 5 beach intersections, for 8 hours per day, to a staff of 3. A signal installed east of the roundabout works effectively. Installation of short-term improvements, such as signage featuring a visual of the roundabout and striping to direct traffic into the inside lanes, will be completed by July. Based on consultant input, recommended long-term changes include enlarging the radii at the entrance and exits even though traffic speeds will increase, moving the pedestrian crossing farther from the roundabout, moving the Mandalay Avenue crosswalk, and realigning traffic movement to avoid side by side vehicular movement on the west side. To reduce traffic backups related to the parking lots, the recommendation is to connect the Pier 60 lot with the one abutting it to the south and replace attendant parking with meters. A final evaluation report is due in June. Staff will determine related costs by July and present the information to the City Commission in August. It was recommended staff hold several public meetings before implementing long-term improvements. In response to a question, Ms. Arasteh said if no utility relocations are necessary, construction would take less than two months following design completion. The enlarged radii will accommodate larger vehicles. Information was requested on much, if any, cost there will be for Barry. Crown to respond to a list of questions recently submitted. Ms. Arasteh said lanes will remain 15-feet wide after restriping is complete. Restriping also will improve north beach traffic by encouraging use of the inner lanes. In response to a question, the City Manager said it is important to slow traffic movement onto Poinsettia to protect pedestrians. A traffic count for Memorial Day weekend was requested. The City Manager said proposed changes to beach parking will avoid backups into the roundabout. Staff will propose a metering system and other options for City Commission consideration. It was recommended the directional sign highlight the marina’s location. Concern was expressed the City Commission had not asked that Mr. Crown respond to the list of questions. His independence was questioned. It was felt more public input is necessary. Disagreement was expressed regarding proposed roundabout entrance changes, restriping, and changes to parking lot access. A list of all recommendations was requested. It was recommended additional public meetings be scheduled. The City Manager said changes to the roundabout could be made after the season. It was recommended a cost benefit analysis consider if changes are worthwhile. The City Commission recessed from 10:53 to 11:14 a.m. PLD PLANNING & DEVELOPMENT SERVICES Public Hearing & First Reading Ord. #6526-00 - comprehensive amendments to the Community Development Code Staff recommends amendments to the Community Development Code: Article 1 – General Provisions - 1) add language to the Purpose Section to enhance the quality of life of all residents & property owners of the City; Article 2 – Zoning Districts – 2) permit parks & recreational facilities as flexible development uses in residential zoning districts & minimum or flexible standard uses in commercial zoning districts; 3) create more flexibility in setbacks for particular uses, primarily in nonresidential districts, & establish criteria for the added flexibility; 4) restrict height of residential infill projects in the High Density Residential district to 80 feet unless located on Clearwater Bay; 5) add standards to be consistent with Countywide rules; 6) permit new uses, such as limited vehicle service, light assembly, limited vehicle sales & display, & mixed use; 7) eliminate Mixed Use District in its entirety; Article 3 – Development Standards – 8) increase percentage of gross floor area allowed for accessory uses; 9) revise dock provisions to be more consistent with the Pinellas County Water & Navigational Control Authority; 10) Fences – a) reorganize fence section; b) provide guidance for location of fences on corner & double frontage lots; c) revise landscape requirements for chain-link fences; d) permit fences within setback on all waterfront lots whereas fences only were permitted on residential property; e) permit deviations from fence requirements for public projects pursuant to Level One (flexible standard) approval; & f) require a 4-foot fence enclosing swimming pools; 11) provide for density & intensity averaging on any unified site with different land use categories; 12) require a permit for painting commercial structures; 13) prohibit rental of residentially zoned dwellings for less than 31 days, to be consistent with Countywide rules; 14) permit multi-stand newsracks to be side by side for a distance of 6 feet, provided separation of 300 feet is maintained between multi-stand newsracks; 15) Parking – a) prohibit semi-trailer trucks & cabs from being parked on residentially zoned property; b) prohibit commercial vehicles from being parked on commercial property unless affiliated with that property; & c) prohibit parking on grass in front setback of residentially zoned properties if alternative paved areas exist; 16) eliminate cap on maximum parking on a site; 17) clarify triggers for compliance with landscaping & parking requirements; 18) Landscaping – a) allow 25% tree replacement credit for undeveloped multi-family & commercial properties; b) require tree removal permit for palms with 10-foot clear & straight trunks; c) establish minimum number of trees required on single- & multi-family properties instead of requiring tree replacement on inch per inch basis; d) increase tree replacement costs by $6 to $48/inch of DBH (diameter at breast height); & e) incorporate additional tree protection measures; 19) allow 25% more signage on nonresidential sites for monument signs versus freestanding pole signs; 20) permit monument signs, in addition to attached signs, in Tourist & Downtown Districts; 21) permit changeable message signs to be changed once every 6 hours; 22) prohibit temporary uses independent of principal site use; 23) permit portable storage units on any property for 48 hours & restrict signage on such units to one sign face not exceeding 12-square feet; Article 4 – Development Review Procedures – 24) increase notice requirement for flexible standard cases from abutting properties to those within 200 feet & to registered neighborhood associations; 25) require land use & rezoning cases to be heard by the City Commission within 6 months of CDB meeting or case shall be deemed withdrawn; 26) permit cases to be amended during approval process provided amendments are less intensive than original application. If case is amended to be more intensive, case shall be readvertised & process restarted from the beginning; 27) delete requirement that applicants submit a summary of evidence, list of witnesses, & disclose all related reports 10 days prior to the public hearing; 28) increase required percentage of homeowner signatures from 50% to 60% to initiate neighborhood conservation overlay designation. Require neighborhood to educate its property owners & residents of overlay regulations & require neighborhood participation in enforcement; 29) restrict amount of development rights that can be transferred. Prohibit transfer of development rights to properties zoned LDR or LMDR, & revise transfer distance limitation from a 1-mile radius to allow transfers between barrier island properties only & between mainland properties only; Article 6 – Nonconformity Provisions – 30) permit properties with nonconforming densities to be reconstructed with the same density, provided all other code requirements are met; and Article 8 – Definitions & Rules of Construction – 31) add definitions of permitted uses, delete definitions for terms not in the Code, & revise definitions to be more concise. Planning Director Ralph Stone stated the provision in Article 3-12 related to paint permits is being deleted. He said significant communication had been sent to staff regarding the definition of transient accommodations and minimum rental times. Staff is working with the industry toward consensus. Staff requests action and discussion on this item be deferred. He reviewed additional staff recommendations: 1.) RETAIL SALES & SERVICES IN INSTITUTIONAL DISTRICT Recommended language eliminates retail sales and services in the Institutional District and ensures consistency with Countywide Rules. 2.) SOCIAL & COMMUNITY CENTERS & SOCIAL/PUBLIC SERVICE AGENCIES Recommended language differentiates social and community centers such as the Garden Club from social/public service agencies such as the Salvation Army. CDB (Community Development Board) approval is required for new uses. Additional performance criteria will avoid a concentration of uses. 3.) PORTABLE STORAGE UNITS Recommended language limits to 4 the number of times a year a portable storage unit may be onsite, establishes a size limit of 8-feet high, 8-feet wide, and 16-feet long, addresses storm safety and enforcement, requires a sticker to track the drop day, reduces signage to 12 square feet, limits to 96 hours the time units may be located on a property, unless units are associated with active building permits. The City will have the right to remove a unit and file a lien to cover related costs. Mr. Stone reported public communication had recommended reducing signage from 12 square feet to an 18-inch square and limiting to 48 hours the time units may be located on a property with no consideration of construction circumstances. Support for the 48-hour limit was expressed as it mirrors motor home restrictions. Concern was expressed units associated with construction permits could remain in a neighborhood for 6 months. In response to a question, Mr. Stone said PODS (Portable On Demand Storage) has agreed to limit signage to 12 inches by 18 inches. It was recommended the City accept this limit. It was recommended signage limits on portable units not be less than signage limits on roll off dumpsters. In response to a question, Mr. Stone said other communities have language related to storm safety as units could pose a significant danger during hurricane conditions. The practicality of such requirements was questioned. 4.) ACCESSORY STRUCTURES Recommended language allows increased height from 15- to 20-feet with notification of surrounding properties and Level One approval. Staff has received only one related request in the past year. Concern was expressed some neighborhoods feature 16-foot flat-roofed homes. Mr. Stone said after staff reviews the site and contiguous structures, they will not approve something out of scale with its surroundings. 5.) TRANSFER OF DEVELOPMENT RIGHTS Recommended language changes transfers of development rights by adding links with redevelopment and its administration. 6.) MARINA/MARINA FACILITIES Recommended language allows marina uses downtown and includes 10 performance standards. 7.) APPLICATIONS FOR DEVELOPMENT APPROVAL Recommended language clarifies that a review of elevations is a critical component of residential infill or comprehensive infill development projects, Other issues discussed include: 8.) TELECOMMUNICATION TOWERS Staff recommends language allow the height of telecommunication towers to be increased if the additional height eliminates the need for an additional tower. It was recommended a cap on tower height be established. 9.) TREE PRESERVATION Recommended language returns to the old code and establishes a minimum number of trees required on single- & two-family properties. Mr. Stone said the language does not require more than 8 trees on lots larger than 0.5-acre. He said few lots of this size exist. 10.) TEMPORARY YARD SIGNS Recommended language limits temporary yard signs to 6 square-feet and 60 days annually. Mr. Stone said case law precludes the City from differentiating between political and commercial temporary signs. In response to a question, he said a separate law addresses real estate signs. Consensus was for staff to clarify definitions in the proposed language It was recommended residents be able to display signs for a total of 90 or 180 days per calendar year. 11.) WINDOW SIGNAGE Current language limits window signs to 4 square-feet per windowpane. Mr. Stone said concerns have been expressed those limits are too restrictive. Enforcement is based on complaints. It was agreed the limits should be increased. 12.) PARKING ON GRASS Opposition was expressed to staff’s recommendation to amend Article 3 – Development Standards, #15c to prohibit parking on the grass in the front setback of residentially zoned properties. As many houses have single or lack driveways, it was felt enforcement would be too difficult. Development Services Director Jeff Kronschnabl said since the City Commission previously considered the issue, the condition of ground cover has deteriorated. He noted instances of vehicles parked on the grass while driveways remain unused. Concern was expressed enforcement would be selective. 13.) SETBACKS FOR PARKING LOTS Concern was expressed 25-foot front setbacks affect parking lots and could hurt redevelopment efforts. Staff will present an amendment to reduce the front setback of parking lots to 15 feet based on conditions. 14.) FENCE REQUIREMENTS It was recommended regulations be removed related to pool fences, which are now addressed by State law. Discussion ensued regarding procedures for Thursday. The majority agreed to enforce the 3-minute limit for public comment. It was felt the City should not enact laws it cannot enforce. It was recommended the cost of enforcement be considered. The City Manager said an added enforcement position has been recommended in next year’s budget. Concern was expressed regarding long term consequences of the proposed changes. Mr. Kronschnabl said proposed budget enhancements will be covered by increased fines and self-sustaining revenues. Staff proposes to enhance review of landlord/tenant issues, enforce minimum property standards, and perform annual inspections. Staff will be trained regarding each change. Public Hearing & First Reading Ords. #6549-00, #6550-00 #6551-00 - Annexation (& redefining boundary lines of City to include said addition), Land Use Plan Amendment to Residential/Office/Retail & Commercial Zoning, 1721 Coachman Plaza Dr. (proposed), Sec. 5-29-16, M&B 33.052 (Superstar Tire Store of Clearwater, Inc., A00-11) The applicant has requested annexation to receive City sewer service. The property at 1721 Coachman Plaza Drive will have a Land Use Plan designation of Residential/Office/Retail and zoning of Commercial (C). The Community Development Board unanimously endorsed the request. In response to a question, Assistant Planning Director Cyndi Hardin said the annexation is voluntary. The Engineering Department expressed no concern regarding the business’ location on a private paved road. Construction will move RV repairs indoors. PPC (Pinellas Planning Council) Ms. Hardin reported staff had presented the City’s opinion related to proposed new annexation restrictions. The PPC agreed to revise the map to include the City’s Advanced Treatment Plant on SR 580 in the City’s planning district and to allow the annexation of lots in existing enclaves, which are non contiguous with the City. City Manager Verbal Reports A Special Pension Trustees meeting was scheduled for June 1, 2000 at 5:00 p.m. regarding the need to pay certain retirees additional pension benefits plus interest and to review Plan changes required to comply with Chapter 175 and 185 of the Florida Statutes. Other Commission Action Commissioner Clark questioned recent activities at Cherry Harris Park. The City Manager said a report will be distributed. The size of the crowds has been reduced and the situation is under control. Commissioner Hart recommended a public committee be appointed to provide a fiscal review of the master downtown redevelopment plan. It was noted the City is paying Siemon & Larsen to provide this overview. It was questioned if a committee could develop a report in the limited time available. Consensus was to discuss this further at Thursday’s meeting. Mayor Aungst said the master downtown redevelopment plan proposes to construct enough parking spaces to meet the needs of library patrons, movie patrons, City Hall staff, etc. The City Attorney will confirm the number of parking spaces planned. Reclaimed water will irrigate the expanded park. Mayor Aungst said the City Commission had worked hard to gather public input regarding the Roundabout. He said the process has been open. Commissioner Johnson expressed concern the City Commission had not approved Barry Crown’s consultant contract related to the Roundabout. It was noted that Mr. Crown’s services cost less than $25,000, and therefore within the City Manager’s authority. Adjourn The meeting adjourned at 12:32 p.m.