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02/17/2004CITY COMMISSION WORK SESSION CITY OF CLEARWATER February 17, 2004 Present: Brian J. Aungst Mayor/Commissioner Hoyt P. Hamilton Vice-Mayor/Commissioner William C. Jonson Commissioner Frank Hibbard Commissioner J.B. Johnson Commissioner Also present: William B. Horne II City Manager Garry Brumback Assistant City Manager Ralph Stone Assistant City Manager Pamela K. Akin City Attorney Cynthia E. Goudeau City Clerk Patricia O. Sullivan 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 Five service awards were presented to City employees. The Commission recessed from 9:03 to 9:29 a.m. to meet as the Community Redevelopment Agency and Pension Trustees. FN FINANCE Request for authority to settle the workers' compensation claim of Claimant, Ruth Weglarz, in its entirety to include medical, indemnity, and attorney fees for the sum of $125,000. On November 15, 1990, Claimant, a police communications operator, slipped on a step and injured her right knee and right shoulder. Subsequently, Claimant had a total knee replacement and shoulder surgery as a consequence of her work related injuries. Ultimately, Claimant was accepted as permanently and totally disabled, and currently is receiving workers' compensation permanent total disability benefits. Claimant was not in the pension fund at the time of her injury and as such is not receiving a City pension. The City of Clearwater has an excess workers' compensation policy applicable to this loss. If this request for authority to settle is approved and paid by the City of Clearwater, the excess insurance carrier, Safety National Casualty Corporation will reimburse the City of Clearwater the entire settlement amount of $125,000. Settlement of this claim is recommended as being in the best interest of the City of Clearwater by the City's Claims Committee, the Risk Management Division, Gallagher Bassett, the City's third-party administrator on this old run of claim, Stephen Peacock, the representative of Safety National, and the City's outside counsel, Mark Hungate. In response to a question, Risk Management Specialist Jon Marcin said the total claim had been $330,000. While insurance costs are high, settlement was recommended rather than fighting the case in court. PLD PLANNING Public Hearing & First Reading Ordinances #7243-04, #7244-04 & #7245-04 - APPROVE the Petition for Annexation, Land Use Plan Amendment from County Residential Urban (RU) to City Residential Urban (RU) and Zoning Atlas Amendment from the County R-3, Single Family Residential District, to the City LMDR, Low Medium Density Residential District for 149 Baywood Avenue (Block E, Lot 4 Eastwood Terrace 2nd Addition in Sec 18-29-16). ANX2003-10026 (Chunilall & Yvonne Singh) The subject property is on the east side of Baywood Avenue, approximately 250 feet south of Drew Street. The applicant is requesting this annexation to receive City sewer service. The property is contiguous with the existing City boundaries to the south, east and west; therefore, the proposed annexation is consistent with Florida Statutes with regard to voluntary annexation. The subject site is approximately 0.16 acre in area and is occupied by a single-family dwelling. It is proposed that the property have a Future Land Use Plan designation of Residential Urban (RU) and a zoning category of LMDR, Low Medium Density Residential. The Planning Department determined that the proposed annexation is consistent with the following standards specified in the Community Development Code: 1) The proposed annexation will not have an adverse impact on public facilities and their level of service; 2) The proposed annexation is consistent with the City's Comprehensive Plan, the Countywide Plan and the Community Development Code; and 3) The proposed annexation is contiguous to existing municipal boundaries, represents a logical extension of the boundaries and does not create an enclave. This annexation has been reviewed by the PPC and Pinellas County staffs according to the provisions of Pinellas County Ordinance No. 00-63, Section 7(1-3), and no objections have been raised. The CDB reviewed this proposed annexation on January 20, 2004, and unanimously recommended approval. In response to a question, Long Range Planning Manager Gina Clayton said many properties in enclaves throughout the City are on septic tanks. Public Hearing & First Reading Ordinances #7246-04, #7247-04 and #7248-04 - APPROVE the Annexation, Land Use Plan Amendment from the (R/O/R) (County), (RU) (County), Water/Drainage Feature (County), (CG) (City), (RLM) (City) and Water/Drainage Overlay (City) categories to the (RM) (City) and Water/Drainage Overlay (City) categories and Zoning Atlas Amendment from CP1 District (County), the R6 District (County), the C District (City) and the MHP District (City) to the MDR District (City) for property located at 2520 Sunset Point Road and 24698 US 19 North (consisting of a portion of Lots 6, 10, 11 & 12 in Sec 06-29-16. ANX2003-10027/LUZ2003-10011 (George C. Clark Investments, Ltd) This subject site consists of two parcels of land approximately 24.05 acres in area. The entire site is located on the east and west sides of Lawson Road, north of Sunset Point Road and approximately 300 feet west of US 19 North. This annexation, land use plan amendment and rezoning are requested by the applicant in order to redevelop this existing mobile home park with a townhouse development. The applicant’s representative has indicated that a Mobile Home Park Relocation Specialist has been retained to execute a resident relocation plan, as required by Florida Statute, Chapter 723, Mobile Home Park Tenancies. The existing mobile home park contains owner and renter occupied units. One of the subject parcels, 24698 US 19 North, is located in Pinellas County and the applicant is requesting the City annex it. The Planning Department determined that the proposed annexation is consistent with the following standards specified in the Community Development Code: 1) The proposed annexation will not have an adverse impact on public facilities and their level of service; 2) The proposed annexation is consistent with the City’s Comprehensive Plan, the Countywide Plan, the Community Development Code and Pinellas County and Florida Law; and 3) The proposed annexation is contiguous to existing municipal boundaries, represents a logical extension of the boundaries and does not create an enclave. Pursuant to Pinellas County Ordinance No. 00-63, the PPC and County staffs have reviewed this annexation and determined it complies with the ordinance criteria. In response to a question, Ms. Clayton said the development could handle increased density. At the CDB (Community Development Board) meeting, there was no opposition to the request. Staff received several calls in support of the changes. It was noted the mobile home park is in poor condition. PW PUBLIC WORKS Ratify and confirm the emergency environmental assessment, cleanup, removal and disposal of contaminated materials from the road construction project on Coachman Road at Joe DiMaggio Field and approve payments of $5,909.50 to Jamson Environmental, $154,424.81 to Terra Excavating and $156,562.52 to Pinellas County Utilities, for a total cost of $316,896.83. The installation of turn lanes on Coachman Road forced the conversion of a storm drainage swale to a pipeline system as part of the Infrastructure Improvements for the Community Sports Complex. During installation of the storm pipe the contractor encountered landfill garbage. Due to the “fast track” nature of the project, the contractor on site, Terra Excavating, was instructed to proceed with garbage removal to maintain the project schedule. Jamson Environmental provided groundwater monitoring and disposal of discharge water that was pumped into storage tanks and subsequently disposed. All garbage removed was disposed of at the Pinellas County Waste to Energy facility. Environmental assessment, cleanup and disposal of discharge water and landfill garbage occurred during the period October 21 to October 31, 2003. In response to a question, Finance Director Margie Simmons said the original project to construct a stadium at Joe DiMaggio Field was closed and remaining funds were returned to the original source. The Phillies are not paying overage costs. Assistant City Manager Garry Brumback said the Phillies already had made significant contributions to the Community Sports Complex project. Approve a work order with Parsons, an Engineer of Record, for design and construction services for Alligator Creek Implementation Projects Phase II, in the amount of $575,171. The Phase II projects delineated for implementation in the Alligator Creek Watershed Management Plan include those projects between US 19 North and N.E. Coachman Road and include: 1) Solid Waste Transfer Station Treatment Pond and Bypass Channel; 2) Channel A Improvements from US 19 North to Old Coachman Road; 3) Channel A Improvements from downstream of the design-build project to NE Coachman Road; 4) Brighthouse Networks Field Detention Pond retrofit of failed outfall structure; 5) Solid Waste Transfer Station Culvert Replacement; 6) Borrow Pit and Channel Connection Enhancement; 7) Old Coachman Road Bridge Replacement; and 8) Old Coachman Road Culvert Replacement. Design work on the last two projects associated with Old Coachman Road, a Pinellas County Road, will not be authorized until an agreement for funding of same is executed with Pinellas County. The scope of services to be provided by Parsons includes project management, land surveying, geotechnical and subsurface utility investigations, engineering and landscape design, permitting, final construction plans and specifications and limited construction services. Resolution #02-51 was passed on November 21, 2002; establishing the City’s intent to reimburse certain stormwater project costs incurred with future tax-exempt financing. In response to a question, Assistant Engineering Director Al Carrier said the County is trying to meet the City’s schedule regarding work on Old Coachman Road. Approve the amendment of the Capital Improvement Program (CIP) to restructure current Water and Sewer Utility funding by reducing project budgets by $35,245,213 of planned FY04 revenue bond proceeds, $2,479,142.46 of grant revenues from other governmental entities, $614,955.19 of sewer impact fees and $296,367.02 of water impact fees for a total decrease of $38,635,677.67 and increasing project budgets by $8,132,529.25 of utility renewal and replacement revenue, $5,334,521.73 of sewer revenue and $3,233,604.12 of water revenue for a total increase of $16,700,655.10, resulting in a net budget decrease of $21,935,022.57. On March 1, 2001, Ordinance #6695-01 was passed increasing water, lawn water and sewer rates by 7% beginning July 1, 2001, and for four additional 7% increases at varying intervals through October 1, 2004. The 2001 rate study originally identified a need for bonds to be issued in 2001/2002 of approximately $36,503,000 and 2003/2004 of approximately $48,498,000 to fund a portion of the needed capital improvements. Less than expected rate revenues and water purchases, higher County rates for water purchases, significant budgetary savings in operations by PWA/Public Utilities management, and expenditures from projects issued at a slower pace than anticipated prefaced the 2003 rate study review. The net results of these factors were that the 7% rate increases for 2004 and 2005 proved to be adequate and that the planned issuance of the utility revenue bonds in 2004 can be delayed until 2005. The budgetary savings more than offset the revenue shortfall. In relation to the 2003 rate study review, an extensive comparison was done of the project expenditures planned in the 2001 rate study to what was actually expended for the last three years. Between project savings, moving some projects forward to FY (Fiscal Year) 2005 and beyond and deleting some requirements based on plan revisions, about $21.9 million in funding was available for reallocation and restructuring in FY 2004. These dollars, combined with new dollars allocated at the beginning of this year for the FY 2004 CIP (Capital Improvement Program) will result in a revised FY 2004 program. This program continues the work started in the original rate study modified to meet current situations and requirements. As a result, CIP projects will continue in FY 2004 funded on a cash basis (originally a bond issue was contemplated) with the potential for a bond issue in FY 2005. Major project changes from 01 RSU – examples include removal of the Alligator Creek Pump Station (being replaced by lower cost alternatives, reduction in some needs such as large diameter line repairs, moving some repair efforts based on modeling (2020 population projection) forward to FY 2005 and beyond, and added projects from restructuring such as Myrtle Avenue utility work, Biosolids Treatment and Motor Control centers at WPC. Six pump stations have been moved to FY 2005 and beyond based on revised needs. As a result of delaying the issuance of the bonds until 2005, the $35.2 million 2004 Water & Sewer Utility Fund Revenue Bond projects had to be eliminated from the CIP. In addition, it was determined that water and sewer impact fee funding in the CIP exceeded the estimated need by over $911,000 and that estimated reimbursements from other governmental entities had been overestimated by approximately $2.5 million. The excess impact fee revenue will be returned to the Water & Sewer Utility Fund reserves. The restructuring of the projects identified the need for approximately $16.7 million of additional non-bond funding. Sufficient rate and R & R revenue in the Utility and R & R funds are available to provide the additional funding. The net effect of these revenue adjustments is to reduce the current Water & Sewer project funding level by $21.3 million. Staff was complimented on a job well done. In response to a question, Public Utilities Director Andy Neff said modifying pump station #58 will accomplish the same end as would have been achieved by constructing the Alligator Creek pump station. Mr. Bush reported more than $5-million has been returned to the water & sewer utility reserve. The current credit will diminish over time. In response to a question, Public Works Administrator Mashid Arasteh said FDOT (Florida Department of Transportation) plans to install retention ponds with aerators on US 19 North under new overpasses at Drew Street and Enterprise Road. A preference was expressed to spend money to improve roadways rather than to beautify retention ponds. Ms. Arasteh said staff had requested the installation of the aerators and the City will be responsible for related maintenance. Funding for the aerators will not come from the 1.5% beautification monies set aside. It was recommended the City Commission formally discuss aesthetic projects related to road construction. Ms. Arasteh said the City can use the 1.5% whenever it needs to add beautification to FDOT road projects. She will provide the Commission with design drawings on the retention ponds. The City Manager said staff has not approved any specific beautification project in response to a request for increased beautification of road projects. Staff is trying to determine how best to deal with aesthetic issues. The City Manager recommended the City Commission discuss aesthetic issues to determine who should make related decisions. Information was requested on estimated costs and where beautification projects might be installed in the future. Other Commission Action Commissioner Hibbard said he was happy regarding the release of the RFP (Request for Proposals) for movie theaters Downtown. Adjourn The meeting adjourned at 10:19 a.m.