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09/13/2004CITY COUNCIL WORK SESSION CITY OF CLEARWATER September 13, 2004 Present: Brian J. Aungst Mayor Frank Hibbard Vice-Mayor Hoyt P. Hamilton Councilmember William C. Jonson Councilmember Carlen Petersen Councilmember – departed 2:29 p.m. Also present: William B. Horne II City Manager Garry Brumback Assistant City Manager Pamela K. Akin City Attorney Cynthia Goudeau City Clerk Brenda Moses Board Reporter The Mayor called the meeting to order at 1:01 pm. at City Hall. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. Service Awards Eight service awards were presented to City Employees. The Employee of the Month Award was presented to Jeannie Paterkiewicz, Public Utilities Department. The September/October Bi-Monthly Team Award was presented to the Marine Operations Crew, Marine Department. The meeting recessed from 1:11 to 2:09 p.m. to meet as the CRA (Community Redevelopment Agency) and the Pension Trustees. PURCHASING 1. Installation of gas mains and service lines during the contract period: October 1, 2004 through September 30, 2005 at a cost of $850,000 from Mastec North American Inc., Tampa, FL. 2. Library books and materials during the period: October 1, 2004 through September 30, 2005 for $113,000 from Book Wholesalers, Inc., Lexington, KY. 3. Library books and materials during the period: October 1, 2004 through September 30, 2005 for $170,000 from Ingram Book Co., Lavergne, TN. 4. Generator maintenance during the contract period: October 1, 2004 through September 30, 2006 for $200,000 from Paramount Power Diesel Energy Systems, Largo, FL. 5. Cellular and radio service during the period: October 1, 2004 through September 30, 2005 for $242,100 from Nextel Communications, Norcross, GA. 6. Suncom long distance service, centranet lines and 800 number for dial in service during the period: September 17, 2004 through September 30, 2005 for $201,910 from Dept. of Management Services, Tallahassee, FL. 7. Telephone charges, frame relay, TI's and centranet trunks, directory advertising, Norstar maintenance, long distance overflow, frame relay internet service, and credit card/collect calls during the period: October 1, 2004 through September 30, 2005 for $490,850 from Verizon Florida, Inc., St. Petersburg, FL. 8. Electrical utility charges during the period: November 1, 2004 through September 30, 2005 for $5,000,000 from Progress Energy, Clearwater, FL. In response to a question, Buyer Mike Murray said Items 6 and 7 differ in that Suncom is statewide and Verizon is local. In response to a question, Mr. Murray said the cost listed in Item #4 is an estimated and “not to exceed” amount for generator maintenance. In response to a question, Mr. Mayer said Nextel is fairly reliable during normal operating conditions. All cellular phone providers have limitations. Staff continues to monitor the cellular market. BUDGET Pass on first reading Ordinances #7335-04 and #7336-04 to amend the City’s fiscal year 2003/04 Operating and Capital Improvement Budgets at third quarter. The fiscal year 2003/04 operating and capital improvement budgets were adopted in September 2003 by Ordinances #7188-03 and #7189-03. Section 2.521 of the City’s Code of Ordinances requires that the City Manager prepare a quarterly report detailing quarterly income and expenditure estimates, collections, the explanation of significant variances, as well as the financial status of all active capital improvement projects. Budget Director Tina Wilson reviewed the 2003/04 fiscal year operating and capital improvement budgets at third quarter. She said the General Fund is in good shape. She said FEMA (Federal Emergency Management Authority may or may not reimburse any storm response expenditures. She said any reimbursements would go into retained earnings or the emergency management fund. Councilmember Petersen left the meeting at 2:29 p.m. ENGINEERING Approve the applicant's request to vacate all street rights-of-way and easements located in the northeast one quarter of the northeast one quarter of Section 17, Township 29 South, Range 16 East, less the Northerly 50 feet thereof, (Drew Street) and less the Easterly 33 feet thereof, (Bayview Avenue), (A.K.A. 2995 Drew Street), and pass Ordinance Number 7341-04 on first reading, (VAC2004-12 Clearwater Housing Authority). Applicant is seeking the vacation of all streets and easements located within the subject property currently known as Jasmine Court, in order to redevelop the property. Progress Energy, Verizon, Brighthouse Cable and Knology Broadband have reviewed the request and have no objections or have no objections provided that the applicant bear relocation costs associated with redevelopment of the property. The property owner has agreed to pay all reasonable costs related to utility relocation. The property is presently developed with 284 dwelling units. On August 17, 2004 the Community Development Board approved a subdivision plat for this property named Parkview Village. A development order has been issued permitting the development of 295 new dwelling units with 52,000 square-feet of nonresidential floor area. The development order requires vacation of the subject street rights-of-way and easements as a condition of approval. Public Works Administration has reviewed the vacation request and has no objections. In response to a question, Assistant Engineering Director Glenn Bahnick said the applicant wishes to vacate existing streets and will rededicate new ones. Approve the applicant's request to vacate the 15-foot alley lying along the East property lines of Lots 4 through 7, Wallace Addition, and approve Ordinance #7342-04 on first reading, (VAC2004-13 WIN-FT. Harrison, LTD). Applicant is seeking vacation of the alley in order to facilitate redevelopment of a property presently occupied by a small dry-cleaning business. Proposed is a commercial complex to be developed on a site containing approximately 1.65 acres. Progress Energy, Verizon, Brighthouse Cable and Knology Broadband have no objections to the request provided the applicant bear the costs associated with the relocation of their facilities. The applicant has agreed to pay costs associated with utility relocation. Public Works Administration has no objections to the vacation request. In response to a question, Mr. Bahnick said this new development does not encompass Lots 8 and 9, which are owned by the adjacent property owner. The property still is accessible because of a cross access agreement. Deny the applicants request to vacate the right-of-way easement described as a portion of Lantana Avenue more particularly described in Exhibit "A", and the south 6.25 feet of Lot 11, Block 264, Carlouel Subdivision, (A.K.A. 960 Lantana Avenue), and deny Ordinance #7340-04 on first reading, (VAC2004-11 Leuer). The easement subject of the request is an ingress and egress easement for City vehicles only. On July 23, 1981, the easement subject of applicant's request was granted. This access was necessary because portions of Lantana Avenue and Bruce Avenue had been vacated to limit access to Carlouel Subdivision, thus creating dead-ends on Lantana and Bruce Avenues. The Solid Waste Department objects to the request for operational and safety reasons; vacation of the easement will force side-loading solid waste vehicle to back up twice on Bruce Avenue to serve both sides of the road. An additional employee is needed to guide single driver vehicles per operational requirements. Traffic Operations also objects to the request for the safety and cost reasons. Progress Energy, Verizon, Bright House Cable and Knology Broadband have no objections to the vacation request. Public Works administration has reviewed the vacation request and recommends denial of the request. The Solid Waste Department has regularly and continuously used this easement. Vacation of the easement under present circumstances will have an adverse impact on the Solid Waste Department's operations. In response to questions, Mr. Bahnick said the Solid Waste Department feels strongly the right-of-way needs to be maintained. The small alley to the north of Jupiter Street cannot be accessed through Jupiter. Approve amendment to the Parking Facilities Management Contract with Standard Parking Corporation clarifying that the City is responsible for paying all required sales tax on revenue collected and authorize the appropriate officials to execute same. The original contract dated September 26, 2003 for the period 10/1/03 - 9/30/06 with Standard Parking Corporation for parking attendant services at the south beach cashier lots contained conflicting language regarding the responsibility to pay the sales tax. The contract was approved by the City Council at the 9/18/03 council meeting. This amendment addresses the language in section 4 (Gross Receipts: Sales Tax) and clarifies that the City is directly responsible for payment to the tax collector for all sales tax collected, not Standard Parking Corporation. In response to a question, Environmental Manager Terry finch reviewed the history of the Alligator Lake Wetland Creation and Stormwater Treatment Project and how the City plans to address compliance for mitigation. Award a contract to Hausinger & Associates, Inc. of Parrish, Florida, for the Wellfield Pumps Replacement Project (04-0036-UT) construction contract in the amount of $341,000, which is the lowest responsible bid received in accordance with plans and specifications, and; approve a work order to McKim & Creed, P.A. of Clearwater, Florida, Engineer of Record (EOR) to provide limited construction administration services in the amount of $63,400 and authorize the appropriate officials to execute same. This item provides for construction services to install new submersible pumps, along with all necessary appurtenances and electrical modifications, to City potable water wells 48, 65, 66, 73, 74 and 75. This item also provides for limited construction services to be performed on the project. The modified production wells will provide for increased water supply production within the City. Sufficient budget and funding are available in the Capital Improvement Program project 315-96750, Well Rehabilitation, to fund the construction contract and work order. McKim & Creed, the engineering design consultant for this project and an Engineer-of-Record for the City of Clearwater, has provided written recommendation to award the construction contract to Hausinger & Associates, Inc. Work will commence upon award and execution of the contract and will be completed within 270 days from the Notice to Proceed. In response to a question, Mr. Bahnick said this would increase production from wells. It is the first phase of changing out the pumps. These costs were considered with the cost of the reverse osmosis system. PLANNING Approve a Land Use Plan Amendment from the Residential Urban (RU) category to the Residential/Office/Retail (R/O/R) category and a Zoning Atlas Amendment from the Low Medium Density Residential (LMDR) District to the Medium Density Residential (MDR) District and the Commercial (C) District for property located at 2995 Drew Street (consisting of a portion Section 17, Township 29 South, Range 16 East) And Pass Ordinance No. 7332-04 to amend the Future Land Use Plan for a portion of the site and Pass Ordinance Nos. 7333-04 and 7334-04 to amend the Zoning Atlas for the entire site on first reading. The subject site is a 39.79-acre parcel owned by the Clearwater Housing Authority (CHA). It is occupied by a 284-unit housing project known as Jasmine Courts. The CHA plans to redevelop this property as a traditional neighborhood with mixed land uses, including neighborhood retail and office uses, a variety of housing styles and price ranges, subsidized and market-rate units, recreation areas, an accessory daycare center, community center and clubhouse. At the August 17, 2004 meeting, the Community Development Board approved a site plan for this property (subject to the approval of this application) for 30,000 square-feet of office/retail uses and a total of 295 dwelling units. The current future land use and zoning designations would permit a maximum of 298 dwelling units on this property. The applicant is seeking to amend the Future Land Use Plan (FLUP) designation of 2.7 acres of this 39.79-acre site from the RU category to the R/O/R category and to rezone it from the LMDR District to the C District. The applicant plans to redevelop this portion of the site along Drew Street as the main entrance into the neighbor-hood with mixed-use development (30,000 square feet of office/retail uses and 40 dwelling units). The applicant also proposes to rezone the remaining 37.09-acres of the property from the LMDR District to the MDR District in order to develop this portion of the site with 255 detached and attached dwelling units. The applicant is seeking this rezoning because the current LMDR District does not allow attached units. The underlying future land use plan category of this portion of the site is Residential Urban (RU) is not proposed to change. The Planning Department determined that the proposed land use plan amendment and rezoning application for the 2.7 acres is consistent with the following standards specified in the Community Development Code: The proposed land use plan amendment and rezoning application are consistent with the Comprehensive Plan. The proposed use is compatible with the surrounding area. · Sufficient public facilities are available to serve the property. The applications will not have an adverse impact on the natural environment. In accordance with the Countywide Plan Rules, the land use plan amendment is subject to the approval of the Pinellas Planning Council and the Board of County Commissioners acting as the Countywide Planning Authority. Based on the size of the plan amendment, review and approval by the Florida Department of Community Affairs is not required. The Planning Department determined that the proposed rezoning application for the 37.09 acres is consistent with the following standards specified in the Community Development Code: The proposed rezoning application is consistent with the Comprehensive Plan. The proposed use is compatible with the surrounding area. Sufficient public facilities are available to serve the property. The applications will not have an adverse impact on the natural environment. The Community Development Board reviewed these applications at its public hearing on August 17, 2004 and unanimously recommended approval of the application. In response to a question, Long Range Planning Manager Gina Clayton said the area to the south is zoned Tourist and includes a travel trailer park. This project would move the main entrance to this mixed use farther east. Approve the Petition for Annexation, Land Use Plan Amendment from the County Residential/Office Limited (R/OL) and Residential Urban (RU) Categories to the City Residential/Office Limited (R/OL) and Residential Urban (RU) Categories and Zoning Atlas Amendment from the County P-1A, Limited Office and R-3, Single-Family Residential Districts to the City Office (O) and Low Medium Density Residential (LMDR) Districts for 3108 Downing Street (Lots 1,2, and 3 Downing Subdivision in Section 16, Township 20 South and Range 16 East); and Pass Ordinances #7329-04, #7330-04 & #7331-04 on first reading. The subject property is at 3108 Downing Street on the north side of the street, approximately 820 feet north of Gulf to Bay Boulevard. The applicant is requesting this annexation to bring the property within the municipal boundaries in anticipation of the future redevelopment of the site. The property is contiguous with the existing City boundaries to the north and east; therefore, the proposed annexation is consistent with Florida Statutes with regard to voluntary annexation. The subject site consists of three lots approximately 0.637 acres in area with a single-family detached dwelling. It is proposed that the two lots occupied by the dwelling have a Future Land Use Plan designation of Residential/Office Limited (R/OL) and a zoning category of Office (O). The remaining lot, which is currently vacant, is proposed to have a Future Land Use Plan designation of Residential Urban (RU) and a zoning category of Low Medium Density Residential (LMDR). The Planning Department determined that the proposed annexation is consistent with the following standards specified in the Community Development Code: The proposed annexation will not have an adverse impact on public facilities and their level of service. The proposed annexation is consistent with the City's Comprehensive Plan, the Countywide Plan and the Community Development Code. 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 Pinellas Planning Council (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 Community Development Board reviewed this proposed annexation at its regularly scheduled meeting on August 17, 2004 and unanimously recommended approval. In response to a question, Ms. Clayton said staff has received no input from the neighborhood. CITY MANAGER VERBAL REPORTS City Manager Bill Horne reported on the latest discussion with the County regarding their contribution for Clearwater’s proposed multi-purpose recreational fields. He said the County wants unincorporated residents to have unlimited access to all city recreational facilities in Clearwater. The County does not favor providing an operating subsidy. In response to a question, Parks and Recreation Director Kevin Dunbar said no designs have been done for the proposed multi-purpose recreation facility. Staff has met with the City of Safety Harbor, who is interested in moving forward with or without the County’s involvement. In response to a question, Mr. Dunbar said the Chi Chi Rodriguez Foundation would finance moving the driving range across the street. Mr. Horne said Progress Energy has requested the City give them a list of priorities for power restoration. Mr. Horne said the American Public Gas Policy Council is requesting Clearwater representation on a new Council they are forming. Vice-Mayor Hibbard and Councilmember Hamilton expressed interest in representing the City. Mr. Dunbar said the County is looking at several options for the bridges the City wants to declare surplus. None will provide financial support back to the City. They have not decided if one could be used at Sunset Point Road. The County is willing to work with the City for safe removal of the bridges and would coordinate their transport. It was recommended if none are to be used within the City, the bridges be put out to bid. OTHER COUNCIL ACTION Councilmember Jonson received several responses complimenting the City on its quick pick-up of debris from Hurricane Frances. He urged everyone to be patient. Assistant City Manager Garry Brumback stated the City is providing regular solid waste and recycling services; however, is somewhat behind on picking up yard debris. Councilmember Hamilton applauded citizens for their vigilance and patience. He acknowledged the passing of Charles Rutenberg. Mayor Aungst agreed that City staff has done an exemplary job. Adjourn The meeting adjourned at 3:20 p.m.