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03/19/2001CITY COMMISSION WORKSESSION CITY OF CLEARWATER March 19, 2001 Present: Brian J. Aungst Mayor/Commissioner J. B. Johnson Vice-Mayor/Commissioner Ed Hart Commissioner F. David Hemerick Commissioner Whitney Gray Commissioner-elect Hoyt Hamilton Commissioner-elect Bill Jonson Commissioner-elect Absent: Robert Clark Commissioner Also present: William B. Horne II Interim City Manager Garry Brumback Assistant City Manager Pamela K. Akin City Attorney Cynthia E. Goudeau City Clerk Brenda Moses Board Reporter The meeting was called to order at 9:00 a.m. at City Hall. Service Awards Six employees were presented to City employees. Employee of the Month Award - 03/01 Greg Hewett, Public Utilities, was presented the March 2001 Employee of the Month award. PUR PURCHASING Hughes Supply, brass water fittings, 3/23/01-3/31/02, est. $82,500 (PW) Sprint, PBX maintenance & misc. adds/moves/changes or equipment purchases for PBX, 5/1/01-9/30/02, $94,475 (IT) Ellis K. Phelps, flyte pumps, parts & service, Zimpro & Wemco equipment, 3/23/01-9/30/02, est. $100,000 (PW) M.T. Deason Company, gas materials - steel pipe & fittings, 3/23/01-3/31/02, est. $68,000 (SBS) JEM Engineering & Mfg., Inc., double arm masts for traffic signals, $95,731 (PW) Duval Ford, one 2001 Ford F-350 Super Duty utility body truck, replacement, $28,363; financing to be provided under City's Master Lease-Purchase Agreement (GS) TruGreen Landcare, grounds maintenance for Gulf to Bay Blvd. from US19 to Highland Ave.; and Court St. from Highland Ave. to Greenwood, 3/23/01-3/31/02, est. $90,500 (PR) Container Systems & Equip., one 2001 Crane Carrier cab & chassis with Loadmaster Excel 25 yard rear load refuse body, replacement, $138,395; financing to be provided under City's Master Lease-Purchase Agreement (GS) Rexel Consolidated, parts & service for Allen-Bradley electronic control equipment; increases contract awarded by City Manager from $25,000 to $100,000 and extends term from 3/31/02 to 9/30/02 (PW) Carl Eric Johnson, Inc., Moyno progressive cavity pumps & OEM parts, 3/23/01-3/31/02, est. $100,000 (PW) Tampa Bay Engineering, EOR, work order for sanitary system database development, $68,312 IPW) Wade Trim Inc., EOR, work order for traffic circle design, N. Greenwood, Palmetto & Marshall, $36,385.13 (PW) McKim & Creed Engineers, EOR, annual water report, environmental impact & monitoring plan, required by SWFWMD permit, $44,100 (PW) In response to a question regarding a work order to Wade Trim Inc. for traffic circle design, Purchasing Manager George McKibben said the work order is for 2 intersections. He said street beautification is not part of this project. Mr. McKibben said the reason some projects are on a 17-month schedule is because staff attempts to tie them into the end of year but the workload becomes too heavy. Regarding an increase to the contract awarded to Rexel Consolidated for parts and service for Allen-Bradley electronic control equipment, Mr. McKibben said staff attempts to estimate contract costs and places them under blanket purchase orders, however, this item was estimated at $25,000 and paid for with many small restricted purchase orders. Staff now has sufficient information regarding this project to determine that an additional$75,000 increase is needed for this 18-month contract. BU BUDGET First Quarter Budget Review a) First Reading Ord. #6766-01 - Amending Operating Budget for Fiscal Year ending 9/30/01 AND b) First Reading Ord. #6767-01 - Amending Capital Improvement Budget for Fiscal Year ending 9/30/01 Budget Director Tina Wilson said there is little change to the adopted budget with the exception of changes recently made by the Commission. She said the most significant change is in the gas operating fund with an increase of $9.5 million based upon increased fuel costs and a cold winter. General Fund reserves will be $8.6 million or 10.4% of the General Fund budget. Projects being closed out include Strategies for Success. Significant amendments have been made to the Marina budget including shower restroom facilities for the Marina and Police Aides and new hangars at the Airpark. An amendment also was made to transfer funds from the Central Insurance Fund to the Harborview fund. In response to a question, Ms. Wilson said the decrease in street improvements was due to $3.4 million allocated for State Road 60 improvements that were transferred to Fire Department facilities. MR MARINE Res. #01-08 - authorizing execution of Joint Participation Agreement with FDOT for design & construction of runway overrun for noise abatement; landscaping and Berm construction at Clearwater Airpark, $314,000 The Airpark Master Plan includes runway overruns, landscaping, and a berm to address safety concerns and abate noise intruding into the surrounding neighborhoods. The total cost of the project is$314,000. Through the JPA (Joint Participation Agreement), FDOT (Florida Department of Transportation) agrees to a maximum participation of $175,000. This represents $127,000 (50%) for the design and construction of the overruns and $48,000 (80%) of the landscaping and berm construction. These funds will be reimbursed to the City as funds are expended during the project. The City’s cost will be $139,000; $127,000 for the runway overruns and $12,000 for the landscaping and berm. A mid-year budget amendment will appropriate the $139,000 from the unappropriated retained earnings of the Marine and Aviation Fund to Capital Improvement Project #315-994772. The State funds also will be allocated to this CIP (Capital Improvement Project). Marine and Aviation Director Bill Morris said the Master Plan components would be brought forward to the Commission in phases. He said next year’s budget will reflect capital projects versus budget amendments. In response to a question, he said there has been a great deal of citizen input and meetings regarding the Master Plan. The last meeting of the Airpark Authority Board was held 2 weeks ago. Mr. Morris felt the single most effective step in addressing citizen concerns thus far has been to add Police Aides at the Airpark at night to improve safety. Aesthetic improvements also have been made In response to a question, Mr. Morris explained that runway overruns refers to extending the runway without changing its legal length. Approximately 1,000 feet will be added to the runway, mostly on the southern end. Different portions of the runway are used for landings and take-offs. He said the increased runway size would not allow for larger plans to use the Airpark. In response to a question, Mr. Morris said the majority of complaints received to date have been from residents residing north of the Airpark. Staff continues to address resident concerns, although they are minimal thanks to the numerous meetings held on the subject. PLD PLANNING Public Hearing & First Reading Ords. #6696-01, #6697-01 & #6698-01 - Annexation (& redefining boundary lines of City to include said addition), Land Use Plan Amendment to Commercial General & Commercial Zoning, 160 N. Belcher Rd., Sec. 13-29-15, M&B 11.03 (H. G. & Alice Anderson) Public Hearing & First Reading Ords. #6702-01, #6703-01 & #6704-01 - Annexation (& redefining boundary lines of City to include said addition), Land Use Plan Amendment to Residential Low & LMDR Zoning, 1734 Cardinal Dr., Pinellas Terrace First Add., Lot 6 (Phyliss & Keith Daliendo) Public Hearing & First Reading Ords. #6705-01, #6706-01 & #6707-01 - Annexation (& redefining boundary lines of City to include said addition), Land Use Plan Amendment to Residential Low & LMDR Zoning, 1492 Carolyn Lane, Terra-Alto Estates, Lot 16 (Cleareather & Louis Gross) Public Hearing & First Reading Ords. #6708-01, #6709-01 & #6710-01 - Annexation (& redefining boundary lines of City to include said addition), Land Use Plan Amendment to Residential Low & LMDR Zoning, 2827 St. John Dr., Virginia Groves Terrace Fifth Add., Blk D. Lot 6 (Jeffrey & Donna Drury) Public Hearing & First Reading Ords. #6717-01, #6718-01 & #6719-01 - Annexation (& redefining boundary lines of City to include said addition), Land Use Plan Amendment to Residential Low & LMDR Zoning, 1941 West Skyline Dr., Skyline Groves, Lot 106 (Gail LeBlanc) Public Hearing & First Reading Ords. #6720-01, #6721-01 & #6722-01 - Annexation (& redefining boundary lines of City to include said addition), Land Use Plan Amendment to Residential Low & LMDR Zoning, 1309 Woodbine St., Pine Ridge, Blk C, Lot 7 (James & Audrey Morrow) Public Hearing & First Reading Ords. #6729-01, #6730-01 & #6731-01 - Annexation (& redefining boundary lines of City to include said addition), Land Use Plan Amendment to Residential Urban & LMDR Zoning, 108 K St., Crystal Heights Unit 1, Lots 23 & 24 (Michael Stifel) Public Hearing & First Reading Ords. #6732-01, #6733-01 & #6734-01 - Annexation (& redefining boundary lines of City to include said addition), Land Use Plan Amendment to Residential Low & LMDR Zoning, 1513 Owen Dr., Sec. 8-29-16, M&B 22.06 (Jason & Angela Thacker) Public Hearing & First Reading Ords. #6735-01, #6736-01 & #6737-01 - Annexation (& redefining boundary lines of City to include said addition), Land Use Plan Amendment to Residential Low & LMDR Zoning, 2839 St. John Dr., Virginia Groves Terrace 5th Add., Blk D, Lot 12 (Whetsel & Nina Williamson) Public Hearing & First Reading Ords. #6738-01, #6739-01 & #6740-01 - Annexation (& redefining boundary lines of City to include said addition), Land Use Plan Amendment to Residential Urban & LMDR Zoning, 1234 Bell Dr., Canterbury Heights, Lot 13 (Yvette Lakis) Public Hearing & First Reading Ords. #6741-01, #6742-01 & #6743-01 - Annexation (& redefining boundary lines of City to include said addition), Land Use Plan Amendment to Residential Urban & LMDR Zoning, 2175 NE Coachman Rd., Mosell Acres Sub., part of Lot 8 (Suncoast Christian School) Public Hearing & First Reading Ords. #6744-01, #6745-01 & #6746-01 - Annexation (& redefining boundary lines of City to include said addition), Land Use Plan Amendment to Residential Low & LMDR Zoning, 1919 Old Coachman Rd., Sunset Point Estates, Blk A, Lot 14 & N½ of Lot 15 (Roger & Mary Spencer) Public Hearing & First Reading Ords. #6747-01, #6748-01 & #6749-01 - Annexation (& redefining boundary lines of City to include said addition), Land Use Plan Amendment to Commercial General & Commercial Zoning, 22995 US19N, Sec. 8-29-16, M&B 22.05 (Sidney Savelle, TRE) Public Hearing & First Reading Ords. #6750-01, #6751-01 & #6752-01 - Annexation (& redefining boundary lines of City to include said addition), Land Use Plan Amendment to Residential Medium & MDR Zoning, 693 S. Belcher Rd., Sec. 18-29-16, M&B 32.08 (Sci Funeral Service Florida, Inc.) Public Hearing & First Reading Ords. #6753-01, #6754-01 & #6755-01 - Annexation (& redefining boundary lines of City to include said addition), Land Use Plan Amendment to Residential Urban & LMDR Zoning, 2824 St. John Dr., Virginia Groves Terrace Fifth Add., Blk B, Lot 2 (Mariam Johnson) Public Hearing & First Reading Ords. #6756-01, #6757-01 & #6758-01 - Annexation (& redefining boundary lines of City to include said addition), Land Use Plan Amendment to Residential Low & LMDR Zoning, 2841 SR590, Spring Lake Estates, Lots 3 & 3A (Ben & Helen Elliott, TRE) Public Hearing & First Reading Ords. #6759-01, #6760-01 & #6761-01 - Annexation (& redefining boundary lines of City to include said addition), Land Use Plan Amendment to Industrial Limited & IRT Zoning, 2060 Calumet St., Clearwater Industrial Park, part of Lot 9 (Florida Graphics Supply, Inc.) The Florida Legislature enacted Chapter 98-484 to eliminate certain small enclaves in Pinellas County. This special legislation permits the City to involuntarily annex “type A” enclaves (an unincorporated improved or developed area that is surrounded on all sides by a single municipality and is one acre or less). Effective with the annexation, the City will be required to pay for the costs of utility extension to these properties’ edges as well as impact fees and outstanding assessments for utility expansion. The City has approximately 140 enclaves that are eligible to be annexed through this special act. In November 1999 the Commission authorized a limited scope of services with Wade-Trim Consulting for investigation of the enclave annexation program. Following this authorization, Wade-trim sent a package to each enclave property owner including information about the annexation program, the City’s financial obligations regarding the utility extension and a comparison customized to each property evaluating the financial advantages and disadvantages of annexing into the City. Of 139 property owners contacted through this process, 17 have shown their willingness to be annexed into the City. The City’s water and sanitary sewer services can serve these properties and adequate capacity exists to serve the proposed annexations. Each of the proposed 17 annexations is consistent with the following standards specified in the Community Develop Code: 1) Each of the 17 annexations will not have an adverse impact on public facilities and their level of service; 2) each is consistent with the City’s Comprehensive Plan, the Countywide Plan, and the Community Development Code; and 3) each is contiguous to existing municipal boundaries, represents a logical extension of the boundaries, and does not create an enclave. The proposed land use plan amendments and rezoning applications associated with these properties are consistent with the following standards specified in the Community Develop code: 1) The proposed land use plan amendment and rezoning applications 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 these properties; and 4) the applications will not have an adverse impact on the natural environment. These annexations will require a review by the Pinellas Planning Council according to the provisions of the Special Act. The CDB (Community Development Board) reviewed these applications at their public hearing meeting of February 20, 2001, and unanimously recommended approval of all applications. Assistant Planning Director Cyndi Tarapani said the administration does not plan to annex the others. In response to a question, Mr. Tarapani said there is no specific reason why most of the annexations are in the same area. Public Hearing & First Reading Ord. #6680-01 - Amendments to Community Development Code (re: Residential Infill Development Standards and Flexibility Criteria; off-street parking for self-storage; maximum development potential; dock provisions; newsracks; alternate member to CDB) There are several amendments to the Community Development Code that both clarify and streamline existing language. Specifically, the dock and newsrack regulations have been significantly revised. In addition, there are several other amendments that have been proposed: 1) Regulations regarding residential infill projects in the Low Density Residential and Low Medium Density Residential Zoning Districts; 2) refinement of parking requirements for self-storage facilities to be based on the number of storage units instead of land area; 3) allowance of approved special area plans to govern development potential in the Tourist District; 4) adoption of design standards in Beach by Design for the land within the Tourist District governed by the plan; 5) reorganization of dock provisions, including administrative changes, the addition of provisions for commercial and multi-use docks and deviations for new docks based on specific criteria; 6) reorganization of newsrack provisions, including reducing the separation requirement between modular newsracks, permitting 2 metal newsracks side by side, regulating color of newsracks on public property, advertising restrictions, and compliance with design guidelines in the Tourist and Downtown Zoning Districts, and 7) addition of alternate member to the Community Development Board. The Community Development Board reviewed the proposed ordinance at its regularly scheduled meeting on February 20, 2001, and recommended approval of the ordinance. Discussion ensued regarding the need for an alternate member on the Community Development Board and dock issues. It was felt that although the County has the final authority regarding docks, the City should remain in the dock permitting process and the Marine and Aviation Director should continue to be included in that process. It was felt that more public input is required regarding docks and the permitting process. It was requested the language regarding the “typical” size boat be clarified. Concern was expressed regarding the reduction of view corridors due to docks. Planning Director Ralph Stone said current City Code provides no standards to allow relief for new docks. He said staff feels that as the County has the resources and the expertise with respect to docks and their impacts, staff is comfortable with this amendment. He said City staff would review an application in terms of relief from City Code. If the applicant obtained positive input from contiguous property owners, staff could approve the request providing it meets City Code. If the applicant required relief from City code, it would require review by the Development Review Committee, then the CDB (Community Development Board). If approved by the CDB, the application still would require approval of the Board of County Commissioners. Interim City Manager Bill Horne said that City Code also does not address commercial docks, which is an area of great controversy. In response to a question, Mr. Morris said if staff brought all the applications for dockage to the Marine Advisory Board to review, it would greatly slow down if not bring the permitting process to a halt. It was remarked it also would be a waste of the board’s time to bring the applications before the Marine Advisory Board after they were approved. In response to a question, Ms. Akin said the City cannot and does not enforce individual deed restrictions. Either the neighborhood associations or adjacent property owners must enforce them. In response to a question, Mr. Stone said there are a number of criteria in the newsrack amendment to address the conglomeration of newsracks throughout the City. Staff worked with Publisher groups to address various neighborhood concerns and aesthetic issues. Concern was expressed that if an alternate board member was appointed to the CDB, the individual would not be given authority to vote. It was remarked that the alternate would have the authority to vote if a member was absent. Mr. Stone said the reasoning behind this amendment was to address the instance when a board member must recuse himself/herself due to a conflict of interest. It was remarked that by adding another permanent board member, the required quorum would change and the issue still would not be resolved. It was suggested names be considered for an alternate member and that member be informed of his voting rights as an alternate. Consensus was additional information, further discussion, and more public input is needed concerning both the newsrack and dock issues. City Attorney Pam Akin said she will remove the newsrack and dock amendments from the item and leave the others on Thursday’s Commission agenda. In response to a question regarding public input on the other items, Mr. Stone said there has been minimal public input regarding the zero setbacks and residential infill amendment. It was suggested a special public meeting be held to discuss these issues. It was requested that staff provide the Commission with additional information regarding the provision to allow non-residential off-street parking in the LMDR district. Other City Attorney Items – None. City Manager Verbal Reports Update re SWFWMD Emergency Order Mr. Horne said on March 9, 2001, SWFWMD issued a draft emergency order to water customers of TBW (Tampa Bay Water) that will greatly affect the City. Utilities Director Andy Neff said SWFWMD has requested input to the draft. He said at issue is that TBW will exceed pumpage by 158 mgd (million gallons per day) for 11 wellfields that supply the region. Due to the low level of the Hillsborough River, action by SWFWMD is necessary to address TBW’s excess in their limit under their permit. SWFWMD will consider all input at a meeting in Brooksville tomorrow. Mr. Neff said the restrictions involve 2 major elements: 1) request for member governments of TBW to development and implement emergency water rate structure increase of 5%, and 2) implement a 24 hour a day, 7 days a week enforcement posture. Staff is drafting a letter for City Manager review regarding the issues Clearwater has with SWFWMD’s draft proposal. He said Clearwater citizens have done an excellent job of conservation and demand management. The Commission recently authorized a 7% rate increase and plans to construct a new water treatment plant to increase local water production. Mr. Neff felt those measures should be adequate to comply with SWFWMD’s emergency order and staff plans to challenge the order at tomorrow’s meeting. Mr. Neff requested the Commission’s input. Mr. Horne said the only other measure Clearwater can take is to increase enforcement of water violations. He said warnings have been issued, but very few citations. He said there is no data linking increased rates to reduced demand. In response to a question, Mr. Horne said Code Enforcement personnel would be responsible for enforcement measures and no additional staff would be hired. It was suggested that the public be informed that the City will begin strict enforcement and fines will be imposed. Ms. Akin said the City would have 30 days to appeal SWFWMD’s decision regarding the increased rates. Mr. Neff said staff’s intention is to use the recently approved rate increase to dispute SWFWMD’s proposed rate increase. Ms. Akin said the City ordinance would have to be amended if SWFWMD agrees to the City approved 7% rate increase being implemented prior to July 2001. Development Services Director Jeff Kronschnabl said there are a number of alternative actions staff can follow. He said consideration is being given to working with the utility companies to affix violations to water bills, which would give the City the ability to raise the fines for repeat violations. It would also address contempt of court issues, etc. He said the key is to keep water regulations and rules as simple as possible, easy to understand, and consistent and fair. He said the City is required to give a minimum of 1 warning before issuing a citation. It was remarked that the City’s web site needs to be updated regarding watering restrictions as they relate to wells, potable water, and reclaimed water. It was requested that staff update the Commission regarding reclaimed water and shallow well drilling. Mr. Neff said staff is working with McKim & Creed regarding a shallow well program to minimize the impact on the aquifer. Commission Discussion Items Confirm & provide possible dates for facilitated meetings re 1) Team Building & 2) Roles & Responsibilities Mr. Horne said the Commission agreed to work with an outside facilitator to “get to know each other” and facilitate good communication. It was felt that a workshop should be scheduled to discuss the budget, retained earnings, and other issues in a public forum. It was remarked that it would be beneficial to the new Commissioners to review the fiscal forecast. Meetings were tentatively scheduled at 9:00 a.m. on April 17 and May 8, 2001. Approximately 4 hours is required. Clearwater Beach Entryway Advisory Committee Commissioner Hart said the Beach Entryway Advisory Committee is meeting today to finalize their report. The Committee has indicated they do not want to prioritize the improvements and have disagreed about 2 to 3 suggested improvements made by consultant Barry Crown. He said some committee members did not want to make any recommendations until another year of accident reports and other statistics were compiled. In response to a question, Public Works Administrator Mashid Arasteh said this year the vehicle count is below 50,000 cars per day. She said staff would provide the Beach Entryway Committee with accident reports, volumes, and other pertinent information. She said staff is switching to permanent relays in the pavement to solve the problem with volume counters being damaged. It was requested staff provide the entire history of accidents and traffic volumes since the opening of the Roundabout. In response to a question, Ms. Arasteh said the pedestrian crossing light on Mandalay is still flashing because of ADA requirements. In response to a question, Ms. Akin said the new Commission members that have been serving on the Beach Entryway Committee can attend today’s meeting and vote. She suggested any future committee meetings the Commissioners attend be noticed to reflect their attendance. Other Commission Action Commissioner-Elect Jonson thanked the Mayor for his letter regarding billboards. Mayor Aungst said the Commission has been taking a stronger leadership role and setting priorities rather than reacting to proposals from City administrators. Mr. Horne said specific issues cited in the local newspaper related to budget issues. He said the Commission has provided priorities to the administration and a meeting will be scheduled to discuss them and if necessary change depending upon input from the new Commissioners. Mr. Horne said government always is expected to meet a multitude of needs. Priorities help to establish clear goals and apply the available resources. The Mayor said the process can be taken a step further and include an entire review of the Commission’s expectations, not just budget priorities. It was suggested waiting 6 weeks or more to give the new Commission time to become acclimated to their new positions Adjourn The meeting adjourned at 11:09 a.m.