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03/02/2004 . . . CITY COMMISSION MEETING CITY OF CLEARWATER March 2, 2004 Present: Brian J. Aungst Hoyt P. Hamilton William C. Jonson Frank Hibbard J. B. Johnson Mayor/Commissioner Vice-Mayor/Commissioner - arrived 6:19 p.m. Commissioner Commissioner Commissioner Also present: William B. Horne II Garry Brumback Ralph Stone Pamela K. Akin Cynthia E. Goudeau Patricia O. Sullivan City Manager Assistant City Manager Assistant City Manager City Attorney City Clerk Board Reporter The Mayor called the meeting to order at 6:00 p.m. at City Hall. The invocation was offered by Rev. Doctor John R. Thompson of Countryside Christian Center. The Mayor led the Pledge of Allegiance. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. 3 - Introductions. Awards. and Presentations: - None. 4 - Approval of Minutes Commissioner Jonson moved to approve the minutes of the February 19, 2004 meeting and Special Meeting of January 12, 2004, as recorded and submitted in written summation by the City Clerk to each Trustee. The motion was duly seconded and carried unanimously. 5 - Citizens to be heard re items not on the Aqenda: John Wiser reviewed positive actions in Countryside in 2003: 1) hibiscus street signs installed; 2) library redone in native landscaping; 3) Enterprise Road resurfaced and landscaped; 4) Northwood Park landscaped; 5) Sunday hours at the recreation center; 6) medians re-sodded on Countryside Boulevard and new irrigation installed in medians by mall; and 7) new "Welcome to Clearwater" sign on McMullen-Booth Road at Curlew Road. John Doran encouraged residents to vote next Tuesday and reviewed proposed Charter amendments. He recommended support of the amendments. Elizabeth France spoke in support of the Charter amendments, especially one related to the Downtown waterfront park. Commission 2004-03-02 1 . PUBLIC HEARINGS Public Hearing - Second Reading Ordinances 6 - Ordinance #7240-04 - Approve the Petition for Annexation of property located at 1416 Satsuma Street (Lot 23. Hiohland Oak Subdivision in Sec. 23-29-15) ANX2003- 10025 (Remzi Dalip) Ordinance #7240-04 was presented for second reading and read by title only. Commissioner Jonson moved to pass and adopt Ordinance #7240-04 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Jonson, Hibbard, Johnson, and Aungst. "Nays": None. Absent: Hamilton. 7 - Ordinance #7241-04 - Approve the Land Use Plan Amendment from County Residential Low (RL) to City Residential Low (RL) for property located at 1416 Satsuma Street (Lot 23. Hiohland Oak Subdivision in Sec. 23-29-15) ANX2003-10025 (Remzi Dalip) Ordinance #7241-04 was presented for second reading and read by title only. Commissioner Johnson moved to pass and adopt Ordinance #7241-04 on second and . final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Jonson, Hibbard, Johnson, and Aungst. "Nays": None. Absent: Hamilton. 8 - Ordinance #7242-04 - Approve Zonina Atlas Amendment from the County R-3. Sinale-Family Residential District. to the City LMDR. Low Medium Density Residential District for 1416 Satsuma Street (Lot 23. Hiahland Oak Subdivision in Sec 23-29-15). ANX2003-10025 (Remzi Dalip) Ordinance #7242-04 was presented for second reading and read by title only. Commissioner Hibbard moved to pass and adopt Ordinance #7242-04 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Jonson, Hibbard, Johnson, and Aungst. "Nays": None. Absent: Hamilton. . Commission 2004-03-02 2 . . . 9 - Ordinance #7243-04 - Approve the Petition for Annexation of property located at 149 Bavwood Avenue (Block E. Lot 4. Eastwood Terrace 2nd Addition in Sec 18-29-16). ANX2003-10026 (Chunilall & Yvonne Sinah) Ordinance #7243-04 was presented for second reading and read by title only. Commissioner Jonson moved to pass and adopt Ordinance #7243-04 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Jonson, Hibbard, Johnson, and Aungst. "Nays": None. Absent: Hamilton. 10 - Ordinance #7244-04 - Approve the Land Use Plan Amendment from County Residential Urban (RU) to City Residential Urban (RU) for property located at 149 Bavwood Avenue (Block E. Lot 4. Eastwood Terrace 2nd Addition in Sec 18-29-16). ANX2003-10026 (Chunilall & Yvonne Sinah) Ordinance #7244-04 was presented for second reading and read by title only. Commissioner Hibbard moved to pass and adopt Ordinance #7244-04 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Jonson, Hibbard, Johnson, and Aungst. "Nays": None. Absent: Hamilton. 11 - Ordinance #7245-04 - Approve Zonina Atlas Amendment from the County R-3. Sinale Familv Residential District. to the City LMDR. Low Medium Densitv Residential District for 149 Bavwood Avenue (Block E. Lot 4 Eastwood Terrace 2nd Addition in Sec 18-29-16). ANX2003-10026 (Chunilall & Yvonne Sinah) Ordinance #7245-04 was presented for second reading and read by title only. Commissioner Jonson moved to pass and adopt Ordinance #7245-04 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Jonson, Hibbard, Johnson, and Aungst. "Nays": None. Absent: Hamilton. Commission 2004-03-02 3 . . . 12 - Ordinance #7246-04 - Approve the Petition for Annexation of property located at 2520 Sunset Point Road and 24698 US 19 North (consistina of a portion of Lots 6.10. 11 & 12 in Sec 06-29-16. ANX2003-1 0027/LUZ2003-1 0011 (Georae C. Clark Investments. Ltd) Staff requested Item 12 be continued. Commissioner Jonson moved to continue Item 12 until March 18, 2004. The motion was duly seconded and carried unanimously. 13 - Ordinance #7249-04 - Approve the Petition for Annexation of propertv located at 2941 and 2945 Sunset Point Road (M&B 14/09 and 14/12 in Sec 05-29-16. ANX2003- 10028 (Spear & Shirley Johnson) Ordinance #7249-04 was presented for second reading and read by title only. Commissioner Hibbard moved to pass and adopt Ordinance #7249-04 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Jonson, Hibbard, Johnson, and Aungst. "Nays": None. Absent: Hamilton. 14 - Ordinance #7250-04 - Approve a land Use Plan Amendment from County Residential Low (RL) to City Residential Low (RL) for property located at 2941 and 2945 Sunset Point Road (M&B 14/09 and 14/12 in Sec 05-29-16. ANX2003-10028 (Spear & Shirley Johnson) Ordinance #7250-04 was presented for second reading and read by title only. Commissioner Jonson moved to pass and adopt Ordinance #7250-04 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Jonson, Hibbard, Johnson, and Aungst. "Nays": None. Absent: Hamilton. 15 - Ordinance #7251-04 - Approve a Zonina Atlas Amendment from the County AE. Aaricultural Estate Residential District. to the Citv LMDR. Low Medium Density Residential District for 2941 and 2945 Sunset Point Road (M&B 14/09 and 14/12 in Sec 05-29-16. ANX2003-10028 (Spear & Shirley Johnson) Ordinance #7251-04 was presented for second reading and read by title only. Commissioner Hibbard moved to pass and adopt Ordinance #7251-04 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Jonson, Hibbard, Johnson, and Aungst. Commission 2004-03-02 4 . "Nays": None. Absent: Hamilton. 16 - Ordinance #7255-04 - Approve the Amendment to the Citv of Clearwater Monev Pension Purchase Plan document. Ordinance #7255-04 was presented for second reading and read by title only. Commissioner Jonson moved to pass and adopt Ordinance #7255-04 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Jonson, Hibbard, Johnson, and Aungst. "Nays": None. Absent: Hamilton. OTHER ITEMS ON CITY MANAGER REPORT 17 - Approval of Purchases (& Declaration of Surplus) per Purchasinq Memorandum: a) Heil Environmental Industries Ltd., Chattanooga, Tennessee - Purchase of two (2) 2004 Heil Durapack front loader bodies in the amount of $107,310. (SWIGS) b) Bank of America, Dallas, Texas - Increase service contract for banking services $250,000 to $700,000 during the remaining contract period: 03/05/04 through 09/30/05. . (FN) Cash & Investments Manager Steve Moskun said the City is taking advantage of new technologies that are more expensive but result in efficiencies. He said a previous estimate of related expenses was too low. Staff will provide details of the 5-year contract. Commissioner Hibbard moved to approve the purchase of two (2) 2004 Heil Durapack front loader bodies in the amount of $107,310 from Heil Environmental Industries Ltd., Chattanooga, Tennessee and an increase to the contract for banking services from $250,000 to $700,000 with Bank of America, Dallas, Texas, during the remaining contract period: 03/05/04 through 09/30/05. The motion was duly seconded and carried unanimously. 18 - Declare surplus to the needs of the City items of equipment and authorize disposal throuah sale at the Tampa Machinery Auction. Tampa. Florida. (FN) In response to a question, Mr. McKibben said the police vehicles would be offered at auction. Police vehicles experience heavy use and last an average of 70,000 to 90,000 miles. . Commissioner Hamilton moved to declare surplus to the needs of the City items of equipment and authorize disposal through sale at the Tampa Machinery Auction, Tampa, Florida. The motion was duly seconded and carried unanimously. Commission 2004-03-02 5 . . . 19 - Authorize the City to apply for and accept $180.000 in funds oranted throuoh the Urban Area Security Initiative for the development and coordination of an Emeroency Manaoement Prooram. Prooram will be fully funded by the orant monies for a period of two (2) years. (HR) Through the Federal government's Homeland Security Department, grant funds are available to municipalities to assist with emergency management preparedness, to include the threat of terrorism, weapons of mass destruction, homeland security information, and traditional weather related and natural disasters. The City seeks to use the funds to hire a qualified and experienced consultant to initiate and develop the emergency management program that has expanded its scope over the last few years. The program currently consists of a multi-hazard emergency plan that has been developed, but the information is in need of updating to reflect a more comprehensive "all-hazards" approach. The overall responsibilities of the Emergency Management program have grown dramatically over the last 3 years; this growth, coupled with requirements to develop and implement new programs and systems to meet and enhance the City's ability to respond to major emergencies, requires the hiring of an additional full-time position to develop and coordinate the emergency management program. This program has been funded through the Urban Area Security Initiative in the amount of $180,000, total. The funds are dedicated specifically for the development and coordination of the Emergency Management program for a period of two years, with no cost or matching funds required by the City. It is anticipated that the planning and development of a comprehensive Citywide emergency management program will be the primary focus of this position. As the program evolves, the City will be required to determine if this position should be permanent. If supported, a decision will be made to seek additional grant money or institutionalize the position through the normal budget process. In response to a question, Human Resources Director Joe Roseto said the City is not obligated to continue the position after two years. During the two-year time period, staff will determine if the position should be retained. If so, that recommendation would be submitted through the normal budget process. Concern was expressed the position may be retained automatically after grant funding ceases. Commissioner Hibbard moved to authorize the City to apply for and accept $180,000 in funds granted through the Urban Area Security Initiative for the development and coordination of an Emergency Management Program, which will be fully funded by the grant monies for a period of two years. The motion was duly seconded and carried unanimously. Commission 2004-03-02 6 . . . 20 - Approve Ordinance #7285-04 - amendina Section 22.59 of the City of Clearwater Code of Ordinances and Ordinance #7286-04 - amendina Section 6.31(4)(c) and Section 6.31 (4)(d) of the City of Clearwater Code of Ordinances relatina to possession of alcoholic beveraaes. (PR) The Code of Ordinances currently provides for and enumerates certain exceptions to the prohibition on the sale, consumption or possession of alcohol on park property where the same has been authorized by the terms of a lease or other agreement approved by the City Commission. There are additional facilities that qualify for the same exception and should be added to these Ordinances. Ordinance #7285-04 amends Section 22.59 adding the Clearwater Executive Golf Course and Brighthouse Networks Field. Ordinance #7286-04 amends Section 6.31 (4)(c) adding the Clearwater Executive Golf Course, Brighthouse Networks Field, and the fenced area at the Clearwater Community Sailing Center and amends Section 6.31 (4)(d) adding the Harborview Center. Amending these Ordinances updates covered facilities and also aligns the Ordinances to each other. Commissioner Hamilton moved to amend Section 22.59, Section 6.31 (4)(c) and Section 6.31 (4)(d) of the City of Clearwater Code of Ordinances relating to possession of alcoholic beverages. The motion was duly seconded and carried unanimously. Ordinance #7285-04 was presented for first reading and read by title only. Commissioner Jonson moved to pass Ordinance #7285-04 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Hamilton, Jonson, Hibbard, Johnson, and Aungst. "Nays": None. Ordinance #7286-04 was presented for first reading and read by title only. Commissioner Jonson moved to pass Ordinance #7286-04 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Hamilton, Jonson, Hibbard, Johnson, and Aungst. "Nays": None. 21 - Adopt Resolution #04-07 - Approve nominations for the Florida Leaaue of Cities "Florida Cities of Excellence Awards" for Bill Horne (City Manaaer of the Year), Cyndie Goudeau (City Clerk of the Year) and the City of Clearwater (Florida City of Excellence Award). On January 15, 2004, the City Commission requested that staff apply for the City Clerk of the Year and City Manager of the Year awards. In addition, staff also has applied for the City of Excellence Awards, which recognizes overall excellence in City government. All three awards require a nomination by a unanimous Commission vote for approval. The Florida City of Excellence Award also requires the adoption of a resolution supporting the nomination for the award. Commission 2004-03-02 7 . Commissioner Johnson moved to approve nominations for the Florida League of Cities "Florida Cities of Excellence Awards" for Bill Horne (City Manager of the Year), Cyndie Goudeau (City Clerk of the Year), and the City of Clearwater (Florida City of Excellence Award). The motion was duly seconded. Recommendations were made to add and/or change language regarding the Memorial Bridge, the Neighborhood Conference, the City Manager's leadership and relationship with the County and cities, the City's partnership with the Phillies, and the Sports City Award. Upon the vote being taken, the motion carried unanimously. Resolution #04-07 was presented and read by title only. Commissioner Hamilton moved to pass and adopt Resolution #04-07 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Hamilton, Jonson, Hibbard, Johnson, and Aungst. "Nays": None. 22 - IAFF Union Neaotiations Update . Mr. Roseto reported several sessions have been scheduled with the IAFF (International Association of Fire Fighters) Union. The first meeting will be on March 5, 2004. 23 - Other Pendina Matters - None. 24 - Other City Attorney Items - None. 25 - City Manaaer Verbal Reports a) City Clerk Cyndie Goudeau reviewed a Legislative Alert regarding HB 251, a benefits bill, placed before the legislature today without committee hearings. A letter of opposition, signed by the Mayor, has been prepared. Concern was expressed cities would have to dip into their General Fund to fund this requirement. b) Public Works Administrator Mahshid Arasteh said due to changes in the Memorial Causeway bridge construction schedule, parking will be returned to the south side of Cleveland Street by May 3, 2004. 26 - Commission Discussion Items: a) Pinellas Assembly Recommendations re Municipal Service Taxing Units (MSTUs). Budget Director Tina Wilson presented the following MSTU Task Force recommendations: . Commission 2004-03-02 8 . 1. A Tax Equity Board shall be created. It should be charged to review, on a three-year basis, the cost/benefit ratio, submitted by the County Budget Department, and determine a fair distribution of the tax load for the services provided. Support for the Board's efforts would come from an ad-hoc staff, evolving from the technical committee utilized by the Task Force, made up of representatives from the budgetary departments of the cities and the County Budget Director. The Board's recommendations would be forwarded to the County Commission for endorsement and adoption during the normal budget cycle each year. Ms. Wilson felt the City should support this approach. This was one of the recommendations of the MSTU Technical Resouces Committee. It was recommended that County and City representatives meet periodically to review MSTU allocation assumptions and methodologies. The County has made significant improvements to the MSTU budget in the last few years, but this process could help keep lines of communication open between the County and cities. 2. Through cooperation of the County and cities, staff management teams should be developed to review the remaining equity issues and provide reports on the various areas to the County Commission and Mayors' Council: 1) water/sewer surcharge of 25% for unincorporated residents within municipal service areas; 2) Fire District revenue allocation to cities; 3) Pinellas County Library Cooperative revenue allocation to cities; and 4) the one-half cent sales tax revenue allocation. . Ms. Wilson reported none of the first three complex issues was tasked to the MSTU Task Force or Technical Committee and would require significant time and resources for appropriate review. Regarding the one-half cent sales tax revenue allocation, Ms. Wilson believed the County needs to establish a policy that distributes the one-half cent sales tax revenue consistently between the County budget and the MSTU budget. The most obvious allocation would be taxable values in each agency. As far as the review process, this review could be performed as part of the review process. 3. County staff should recommend and the Board of County Commissioners should approve a more definitive Fund Balance policy for the MSTU. Ms. Wilson recommended the City's support of this recommendation as all cities, counties, and governmental agencies should have an established fund balance policy. 4. County staff and the Pinellas County Sheriff's Office will review the MSTU allocation methodology with the city managers annually. Ms. Wilson felt any efforts to share information regarding the MSTU allocation methodology of the Sheriff's Office should be supported. The allocation of the Sheriff's budget was the most contentious issue during the review process. Open communication on this complex issue should be encouraged, although Ms. Wilson believed a review process with the Tax Equity Board recommended above might be a better audience, in that the technical aspects of the Sheriff's budget allocation could be reviewed in finer detail at that level. . Commission 2004-03-02 9 . . . Ms. Wilson said the County Commission voted against creating a Tax Equity Board. It was indicated the County Commission had not wanted to create a new entity and opposed the measure by a vote of 2:3. Ms. Wilson reported there were issues with the Sheriff's cost allocations. The Technical Committee had looked at the cost accounting in depth and basically agreed with the main MSTU and Sheriff's budget. In response to a question, Ms. Wilson said the Committee had looked at how Penny for Pinellas funds had been spent. Ms. Wilson said a policy for distribution would have to be developed for a half- cent sales tax. The County Commission supported Issue #2. The County Commission had rejected a definitive fund balance policy as they thought existing policies deal with this. Ms. Wilson said the committee had not been provided with related policies. Regarding the MSTU allocation methodology, Ms. Wilson said she did not know how the review would work. The City Manager said this issue is a source of conflict between local cities and the County, as the allocation does not cover the cost of doing business. Ms. Wilson stated the County was very helpful in providing the committee with information. Commissioner Jonson moved to accept staff recommendations related to MSTU (Municipal Service Taxing Units). The motion was duly seconded and carried unanimously. b) County Charter Review Proposal - Eliminate the Pinellas Planning Council. In her February 27,2004, memorandum to the City Manager, Planning Director Cyndi Tarapani reported the Pinellas County Charter Review Committee had discussed abolishing the PPC (Pinellas Planning Council) to eliminate duplication of planning services between the PPC and Pine lias County Planning Department. Several cities have indicated support of retaining the PPC through official action. Staff requests City Commission consideration of several issues and to determine if countywide planning is important in Pinellas County and should be retained. The PPC and Countywide Planning Agency perform different functions in the countywide planning process. If countywide planning should not be retained, the PPC and Countywide Planning Agency could be eliminated along with countywide planning and each community then would make its own decisions without County oversight regarding land use, transportation, and other planning issues. As the PPC and countywide planning process were established by a Special Act of the Florida Legislature, the Florida Legislature must approve elimination of or changes to this process. The Pinellas County Planning Department only performs one countywide planning function in its role as advisor and staff to the MPO (Metropolitan Planning Commission 2004-03-02 10 . . . Organization). The MPO's function relates solely to transportation planning. The MPO has no regulatory control over land use issues. In addition to its countywide planning role, the PPC performs functions, such as a review of all annexation requests and research on major issues of interest to all County communities, such as the redevelopment study, wireless communication towers study, etc. At the request of and paid for by the local community, the PPC will prepare planning studies or research for the City. Ms. Tarapani expressed concern regarding the time frame to consider this issue. She said the PPC provides a valid countywide perspective and reviewed the agency's budget and staff requirements. It was reported that a joint meeting is in the process of being scheduled between the PPC and the County Commission to discuss each other's role. It was recommended the City Commission delay issuing a resolution until after this meeting. It was noted the County Commission does not have the authority to disband the PPC but could withhold all agency funding. It was felt the PPC provides a valuable function and is a great resource for cities. No action was taken. c) Short-term Rentals. The City Manager requested direction regarding enforcement of the City's short- term rental ordinance. Currently, the City has been educating property owners without active enforcement. Development & Neighborhood Services Director Jeff Kronschnabl reported staff has served notices to investors on Clearwater Beach regarding the City's ordinance prohibiting short-term rentals, but no changes have occurred. Short-term rentals and the advertising of short-term rentals continue. Staff has met with County representatives regarding this issue. In response to a question, Mr. Kronschnabl said staff has followed up on reports of non-permitted modifications. In response to a question, the City Attorney indicated some property owners previously had filed a legal challenge against the ordinance, claiming their properties are "grandfathered." Concern was expressed in potential purchasers being misled by realtors that properties they are buying can be used for short-term rentals. Concern was also expressed this could open the City to litigation. Discussion ensued regarding the short-term rental ordinance and it was felt it is time for the City to step up enforcement. Related problems are spilling over to other areas of the City. A recommendation was made that reminders be sent again to major realtors regarding short-term rental limits. Commission 2004-03-02 11 . . . Consensus was for staff to enforce the ordinance prohibiting short-term rentals on properties not involved in current litigation and to send letters again to major realtors regarding the ordinance. Discussion re Charter Amendments: Concern was expressed in misinformation being spread regarding the proposed Charter amendments. Discussion ensued regarding the charter amendments and the voters were encouraged to get educated and research amendment issues. It was noted all Commissioners support referendum questions. 27 - Other Commission Action Commissioner Hibbard thanked all residents who attended the February 28, 2004, Neighborhood Conference. He encouraged residents to visit the new Brighthouse Field. He said it was an honor to serve with Commissioner Johnson, whose wisdom and straightforwardness would be missed. Commissioner Jonson said he was repulsed by the vandalism at the "Virgin Mary" site. He was disappointed the extra benefits legislation had been placed before the legislature without going through the committee process. He reviewed the Clearwater Neighborhood Grant process, inviting neighborhoods to apply. He enjoyed the Neighborhood Conference, Lt. James Steffens' presentation, and neighborhood success stories and thanked the Phillies for hosting the event. He reminded residents that Parent University is scheduled for March 13, 2004, at Countryside High School. He thanked Commissioner Johnson for his service on the Commission. Commissioner Hamilton apologized for being late to this meeting as he was attending the grand re-opening of the YMCA. He invited residents to attend the Chili Cook-off tomorrow at the Farmer's Market, where Commissioner Hibbard is a participant. Mayor Aunqst thanked the Phillies for their $15,000 contribution to Clearwater For Youth at the recent banquet. A related ceremony is planned for Saturday when the City is presented the Sports Illustrated Sports City award. Mayor Aunqst and Commissioner Hibbard said they had attended and sold tickets for the UPARC fashion show, a successful event. Mayor Aunast and Commissioner Hamilton announced the Phillies opening game is scheduled at Brighthouse Field on March 4, 2004. Mayor Aunqst and Commissioner Johnson said they had attended Phan Fest on February 27, 2004. Commissioner Johnson said he will attend the March 18, 2004 meeting and would like to invite a friend, who may entertain. Commission 2004-03-02 12 . . . The Commission encouraged residents to vote next Tuesday. 28 - Adjournment The meeting adjourned at 7:38 p.m. A~St: ~,~~. City lerk Commission 2004-03-02 J1~- Q~ 13