Loading...
07/31/1989 CITY COMMISSION WORK SESSION The City Commission of the City of Clearwater met at City Hall, on Monday, July 31, 1989, at 9:10 A.M. with the following members present: Rita Garvey Mayor/Commissioner Don Winner Vice-Mayor/Commissioner Lee Regulski Commissioner William Nunamaker Commissioner Richard Fitzgerald Commissioner Also present were: Ron H. Rabun City Manager M. A. Galbraith, Jr. City Attorney Mary K. Diana Assistant City Clerk The Mayor called the meeting to order and the following items were discussed. One service pin was awarded to a City employee. Proposed Consultant's Scope of Services for Clearwater/Convention Center. The Greater Clearwater Chamber of Commerce applied for a $50,000 grant from the Tourist Development Council (TDC) to do a follow-up study on the feasibility of building a conference/convention center in Clearwater. The proposed scope of services was initially developed by staff and forwarded to the Chamber of Commerce for review and amendment. The Chamber has approved the scope of work; however, it must also be approved by the City Commission, the Pinellas Commission, and the Tourist Development Council. The City Manager indicated the scope of services includes input from groups on the beach and the Chamber. Approval of the scope of services will set up the process for requests for proposals. Purchase of Firefighters Protective Suits (Bunker Gear) from Safety Equipment Company, Tampa for $15,218.40. Protective suits are worn by firefighter personnel on all emergency scenes and have a normal useful life of approximately five years. The policy of the Fire Department has been to schedule replacement of approximately 20 percent of the inventory annually. In response to a question, it was indicated the City piggybacks onto the County's bid after they have bid out and have found a competitive price. It was indicated that Pinellas County's fire district solicits input from the surrounding municipalities. Contract for one (1) Four-Wheel Drive, Four-Door Replacement Utility Vehicle to Countryside Jeep for $17,606.24. Bids were solicited and received for the purchase of this replacement utility vehicle and was approved by the City Commission during its 1988/89 budget hearing meetings and is on the approved vehicle replacement list. The Police Department will use this vehicle for its beach patrol. A question was raised as to whether or not a four-wheel drive vehicle is necessary or would a two-wheel drive be suitable. It was also questioned whether or not the bid was limited strictly to jeeps. Discussion ensued in regard to whether or not the City has a policy to bid American and it was indicated that consideration is given to quality and price. Award a Contract for Roof Restoration at Ross Norton Park, Lawn Bowling Club and Shuffleboard Club to Cooper Roofing Company, Clearwater, for $18,500. Bids were solicited and received for labor and material to restore the metal roofs at Ross Norton Park's Main Building, the Lawn Bowling Club, and the Shuffleboard Club. An inspection of the roofing showed severe deterioration and leaking conditions caused by rusted screws securing the roofing sections. The contractor will restore the roofing section, cover the entire roof with a fiber glass material, and coat the fiberglass with a roof coating. The contract will be guaranteed for five years. Questions were raised regarding whether the City has had any experience with Cooper Roofing, whether a factory or individual warranty is being offered, and whether or not the fasteners to be used are the same as previously used or if they have been improved. Public Hearing and First Reading Ordinance 4853-89 - Vacating the northerly 3 feet of a drainage and utility easement located in Woodvalley Sub., Unit 2, Blk 8, the southerly 10 feet of Lot 7 (Brooks) V 89-06. The applicant is proposing to install a pool which will extend approximately 3 feet into the City's 10 foot drainage and utility easement. Any decking extending beyond the pool structure and into the remaining easement will require staff approval. A 17 foot easement will remain. A question was raised regarding the possible installation of a deck and screen enclosure impeding further into the easement. It was indicated the addition of a deck and screen enclosure is considered to be temporary and the property owner is responsible for removal or replacement at his cost if the easement has to be maintained. Concern was expressed in regard to the number of large easements that have been vacated by the City. Public Hearing and First Reading Ordinance No. 4857-89 - Vacating the northerly 15 feet of a drainage and utility easement located in Clearwater Manor Sub., the southerly 25 feet of Lots 82, 83, 84, and 86 (City of Clearwater V 89-10. Pinellas County has recently installed an 8 foot by 6 foot box culvert in the drainage ditch that once ran from Lagoon Circle to Old Coachman Road. The County intends to assess the adjacent property owners for a portion of the costs associated with the work. Four of the adjacent owners are within the corporate limits of Clearwater. Now that the work is complete, the County has asked that the existing 50 foot wide drainage and utility easement be reduced to a 20 foot width and that the City implement the vacation for that part of the easement within Clearwater. The County will vacate the easement for that part in Pinellas County. A question was raised as to whether or not the City was aware of the installation of a box culvert by the County. Assistant City Manager Charles Hunsicker indicated the County's and City's engineering staff try to meet monthly to go over issues such as these. Annual Contract from August 1, 1989 through July 31, 1990 to Purchase Propane Gas from Warren Petroleum Company for an estimated $17,190. Warren Petroleum Company is the only local major distributor that can deliver propane gas to the City by truck. At the present time, the City does not have facilities to accept shipments by rail. Some City vehicles use propane gas as motor fuel instead of gasoline and the Gas Division has estimated approximately 54,000 gallons of propane will be required during the contract period. The 1989 propane price delivered to City storage tanks is $.31834 per gallon compared to the price of gasoline at $.98 per gallon and is then sold to the City Motor Pool at $.60 per gallon. In response to a question regarding whether or not the City would eventually phase out the vehicles using propane gas, Assistant City Manager Charles Hunsicker indicated the resale value is very low and said these vehicles are cleaner running. A question was raised as to whether or not there would be an advantage in buying propane for both the garage and for the Gas Division on the same contract or whether it might be justified to go with a less expensive independent contractor. Mr. Hunsicker indicated the Gas Division is purchasing the propane and selling it at a markup to Fleet Maintenance. Contract Extension for Purchase of Sludge Hauling Services for Period 10/1/89 to 9/30/89 from Davis Water and Waste Industries, Inc., Tellevast, FL for an Annual Estimated $213,180. The Water Pollution Control Division annually generates approximately 22,000,000 gallons of liquid digested sludge from the operation of its three wastewater treatment plants. This sludge must be transported and discharged to the City owned sludge disposal farm site in Hillsborough County. This method of disposal has been used by the City for the past seven years and is considered to be economical and cost effective. A question was raised regarding whether or not the City is looking at other ways to dispose of sludge and it was indicated there will be no need when the City goes to AWT. Appointment to Beautification Committee and Parks & Recreation Board. The Mayor noted that Mr. Don Nichols is listed for appointment to both these boards and he is the only applicant listed for appointment to the Beautification Committee. Ms. Eugenia Berry does not wish to seek reappointment. Agreement with Alan Zimmet to Serve as Independent Attorney for Municipal Code Enforcement Board at $85 Per Hour. On July 6, 1989, the City Commission authorized the hiring of an independent attorney to represent the Code Enforcement Board and Mr. Alan Zimmet has agreed to provide this service. Five to ten hours a month should be sufficient for providing this representation. In response to questions, it was indicated the independent attorney will be present at each Municipal Code Enforcement Board meeting and that funds will be transferred from the City Attorney's budget to the City Clerk's Department for administration of this project to ensure the independence required by Florida Statutes. Consultant Agreement with Willingham & Associates, A.I.A., Architects, Inc. for Space Needs Study for a Consolidated City Hall at a Cost of $72,000. On January 5, 1989, the City Commission approved the selection of an architectural firm and authorized the City Manager to begin negotiations regarding fees and actual job descriptions with the following selected firms: (1) Willingham & Associates, A.I.A., Architects, Inc., St. Petersburg; (2) Harvard Jolly, Marcet & Associates, Tampa/St. Petersburg; and (3) Reynolds, Smith and Hills, Tampa. A contract has been negotiated with the top selected firm, Willingham & Associates, A.I.A., Architects, Inc. It was requested that the wording on page 5 of the agreement, "lump sum" be changed as this verbiage contradicts with "monthly payment." Contract Extensions with the Philadelphia Phillies and Recommended Funding Sources With Funding to Be Provided by a $550,000 Contribution From the Special Development Fund and a $250,000 Loan to the General Fund from the Parking Fund. In exchange for an extension of the spring training relationship with the Philadelphia Phillies until 2002, the contract would require the City to make certain improvements at Jack Russell Stadium. The improvements relate to a stadium expansion of about 2,000 seats, a new visitors clubhouse, additional offices and storage areas, and additional and refurbished bathrooms and concession areas. All improvements will belong to the City. For a period of six years, the City will receive 25 percent of the ticket sales less taxes. If the attendance trend continues for spring training games, the City should conservatively receive in excess of $150,000 over the six year period to help offset the cost of the improvements. If so, the actual cost to the City would be approximately $650,000. It was pointed out that, if the Phillies were not in Clearwater, the City would have to reassume the cost of maintenance of Jack Russell Stadium. Agreement for Lobbyist Service From James C. Massie in the Amount of $13,792 plus Reasonable and Necessary Out-Of-Pocket Expenses. The City entered into an agreement with James C. Massie in June 1981, which established him as the City's first contract lobbyist. A question was raised as to whether or not we were getting the best lobbyist service available as Mr. Massie also represents the cities of Largo and St. Petersburg. The City Attorney indicated that Mr. Massie knows how the system works and considers him to be a good lobbyist. Ranking and Authorizing Negotiation of Contract for City's Financial Advisor. On April 21, 1989, the City of Clearwater advertised for a financial advisor and described its needs in a Request for Proposal (RFP). The firms selected gave formal presentations heard by the Selection Committee and after careful consideration ranked the firms in the following order: (1) Raymond James & Associates, Inc.; (2) William R. Hough & Company; (3) Southeastern Municipal Bonds, Inc.; and (4) Public Financial Management, Inc. The City Manager noted that Raymond James & Associates, Inc. is a local firm with offices in Tampa and St. Petersburg. Ranking and Authorizing Negotiation of Contract for City's Bond Counsel. On April 21, 1989, the City of Clearwater advertised for a bond counsel and described its needs in a Request for Proposal (RFP). The selected firms gave formal presentations heard by the Selection Committee and after careful consideration ranked the firms in the following order: (1) Bryant, Miller, Olive, P.A.; (2) Holland & Knight; and (3) Foley, Lardner & Hill. In response to a question, it was indicated that both the financial advisor and bond counsel being considered are new to the City. Land Development Code Amendment to Secs. 134.008, 134.010, and 134.013 Relating to Exempt Signs, Additional Identification Signs Based Upon Public Street Frontage, Pole Signs and Window Signs LDCA 89-10. In June of 1988, the Chamber of Commerce organized a task force to review Clearwater's sign regulations. The purpose of the task force was to identify areas of concern of the business community while being mindful of the City's interest in aesthetics. Representatives of the Planning and Development Department interfaced with the task force through the course of the review. The task force conducted interviews with business owners, reviewed variance requests, compared current and former sign regulations, and compared Clearwater's code with codes of numerous other cities. The task force recommended the following changes: (1) the cumulative area of temporary and permanent window signs not exceed 50 percent of the area of the window, rather than the current 65 percent limit; (2) menu signs be permitted on exterior walks, in doors, or inside and visible through windows or doors of a restaurant; (3) identification signs for properties with generous street frontage continue to be permitted on the basis one sign per 500 feet of frontage, but the practice of requiring that the signs also mark driveway entrances to the property be discontinued; (4) building identification signs be permitted on the basis of one sign per office building containing a minimum of 40,000 square feet rather than one sign per building per property that is developed with two or more buildings having more than 40,000 square feet; (5) permanent window signs be permitted to cover 20 percent of the area of a window in lieu of the current 15 percent limit; (6) the allowable area for pole signs be permitted to be divided and placed as two signs on the same pole; and (7) multiple signs in windows of an occupancy be permitted under one application and one fee. John Richter, Code Administrator, reviewed the recommended changes. Commissioner Nunamaker objected to allowing signs to be erected in an area that obstructs the view of approaching cars at intersections. Mr. Richter indicated that, when a request for a sign permit is received, it is reviewed by the Traffic Engineer to insure that visibility is unobstructed. It was indicated these signs may have been erected without permits. Discussion ensued regarding various signs erected in the City and the messages they display. It was indicated a mechanism needs to be developed to control the use of signs and window coverings. Concerns were expressed in regard to cars parking in the green space being used to identify businesses and beach owners parking on their lawns. Ice Cold Air and Wings were mentioned as possible violations of the sign code. Amendment to the Land Development Code Pertaining to Remote Switching Stations as a Permitted Use in Commercial Zoning Districts LDCA 89-08. The City Commission has expressed an interest in providing remote switching stations as an allowable use within commercial zoning districts. This issue was discussed in conjunction with a request previously heard at public hearing for a General Telephone remote switching station on Island Estates with the P/SP (Public Semi-Public) zoning district. Presently, the only zoning districts which would allow such a use in Clearwater are IL (Limited Industrial) and P/SP (Public/Semi-Public) as permitted uses and OS/R (Open Space/Recreation) as a conditional use. In response to a question, it was indicated the IL designation is the only industrial category the City presently has. It was indicated that Clearwater Concrete withdrew their application on July 7, 1989, because they wanted heavy industrial zoning. James Polatty, Planning and Development Director, said he has been in communication with their agent and indicated there were concerns raised in regard to the leases. A question arose in regard to who the potential owners are. Review of Variance to the Separation Requirements for Sale of Alcoholic Beverages for Johnny's Italian Restaurant Located at 2907 A, Suite 1, S.R. 590, Sec. 8-29-16, M&B 11.01 (Adamo Investors, Ltd.) AB 89-01, CU 88-90. The applicant presently operates a restaurant in the Mission Hills Shopping Center on the south side of S.R. 590. On February 16, 1989, the City Commission approved a variance to the 300 foot separation requirement in order to enable the relocation of the restaurant within the same center 100 feet of a residential zone. The restaurant owner holds a 2-COP (beer and wine) state license. In response to a question, it was indicated the conditions for approval of the variance were that package sales cease at 11:00 P.M. and that the variance be reviewed in six months. Variance to the Separation Requirements for Sales of Alcoholic Beverages for Belcher Amoco Service Center located at 2198 Gulf-to-Bay Boulevard, Sec. 13-29-15, M&B 14.06 (Protopapadakis) AB 89-10. The applicant operates the service center at the northwest corner of Belcher Road and Gulf-to-Bay Boulevard and is requesting permission to sell beer and wine as a take-out at this location. No expansion of building floor area is being requested. Variances to the separation distance are needed due to the proximity of the Albertson's store and the residentially zoned properties located nearby. Residentially-zoned properties are located to the south and to the north of the site and are developed mobile home parks. The residential uses are separated from this site by major thoroughfares. A question arose as to the date the service station was built and it was indicated an approximate guess would be fifteen years. In response to a question, it was indicated the City of Clearwater is enforcing the open container law. Preliminary Site Plan for Sand Castle (Expansion/Renovation), 4.09 acres, Located at the NW Corner of Osceola Avenue and Drew Street, Sec. 9-29-15, B&B 43.07 (Church of Scientology Flag Service Organization) PSP 89-21. This request is for the renovation and expansion of the Sand Castle, a "religious motel" and meeting facility. There will be increase of 21,500 square feet to the existing 64,725 square feet for a total gross floor area of 86,225 square feet. The site plan indicates an increase in office space but no increase in the number of motel units. Alteration of the buildings and parking areas will require a variance to the 58.16 foot waterfront clear space requirement (from the south property line). Access is provided at two points off North Osceola Avenue and two points off Drew Street. A question arose as to why a parking variance for the open space view was being considered indicating it goes against the City code. In response to a question, it was indicated that 25 feet of additional right-of-way is needed along Drew Street and 5 feet on Osceola Avenue. Concern was expressed in regard to the proximity of the driveway to Drew Street. It was requested that approval of the final site plan come back to the Commission. Discussion - Amendment to CN (Neighborhood Commercial) Zoning to Increase Maximum Number of Pumps at Gas Stations and Defining Gas Pump. The Planning and Development Director indicated the CN (Neighborhood Commercial) designation was adopted in 1985 to recognize instances where commercial development is in close proximity to residential development allowing for convenience type shopping and still keeping buildings in scale with surrounding residential areas. Discussion ensued regarding defining a pump as a dispensing site or as a fueling site. It was indicated there needs to be a way to differentiate between minor and major service stations. The Planning and Development Director indicated the need to define and regulate convenience stores in regard to gas sales and number of pumps and alcoholic beverage sales. He said he will be coming back to the Commission with a recommendation. Discussion - Accessory Parking in Residential Zones. The Planning and Development Director indicated this item has been brought about by Skycrest Methodist Church's rezoning request. He indicated the issues are whether or not to allow parking in residential districts for certain uses, what uses should be allowed, and how to accomplish this. A question arose regarding rezoning groups homes of a certain size to commercial, i.e., Isaiah's Inn. Discussion ensued regarding overflow parking and whether or not to allow it by special exception or conditional use and for a specific use. It was noted Skycrest Church is in a non-conforming situation, grandfathered in, and meets basic requirements. Concern was expressed regarding parking on the lot on the west side of the street. The two lots on the east have a conditional use permit. Mr. Polatty suggested a City initiated conditional use permit be issued to Skycrest Methodist Church and the process of obtaining this permit be facilitated as quickly as possible. It was indicated there are two issues involved here, overflow parking in general and overflow parking for Skycrest Methodist Church. First Reading Ordinance No. 4847-89 - Massage. The City Attorney indicated it has been brought to his attention that the Police Department goes by the standard the Occupational Inspector follows which is in Sec. 71.12(e). He noted an occupational license will not be issued if the applicant has been convicted of a felony involving fraud, etc. in the last five years. He indicated he has drafted a new ordinance incorporating referencing Sec. 71.12(e), Note B. First Reading Ordinance No. 4859-89 - Parking Fines. Concern was expressed in raising the minimum payment of parking fines above the present $5.00 amount and it was indicated the same thing could be accomplished by issuing multiple tickets. Discussion ensued in regard to having only one motorcycle per parking place being a waste of space and, in this instance, who would be responsible for being fined for an expired meter when more than one motorcycle is parked in a single space. First Reading Ordinance No. 4864-89 - Taxi Cabs. The City Attorney indicated that Pinellas County Yellow Cab is withdrawing its request for a change in the insurance requirements of the existing taxicab ordinance. He indicated the ordinance deals with insurance and deregulation. A question was raised as to what amount of liability would the City have in the event a negligent taxicab operator had an accident and injuries were involved. The City Attorney indicated there should be none unless it was contributory. Verbal Reports. The City Manager reported police enforcement has been increased in the N. Fort Harrison area by the use of golf carts and staff has met with the homeowners association. Representative Rehm has expressed an interest in assisting in some of these areas. Statistics will be received showing incidents of arrest prior to increased enforcement. The City Manager indicated providing City services in these areas has not been abandoned. Commissioner Winner questioned why the area south of Engman Street for approximately two blocks was covered with trash on Monday morning (possibly trash pick-up day). Commissioner Nunamaker indicated some time ago there was encouragement from the Commission to review the existing zoning in that area and the Mayor indicated this area is being looked at as part of the enterprise zone in expanding the downtown district. Commissioner Winner indicated some parts fringing on this area might be designated as IL (Light Industrial). The City Manager indicated staff is looking at that area. The City Manager asked the Commission if anyone is interested in attending the National League of Cities Conference in Atlanta, November 26-29, 1989, and requested they inform his office. A meeting regarding union negotiations was tentatively set for either August 3, 1989 at 4:00 P.M. or August 10, 1989 at 9:00 A.M. (8/3/89 at 4:00 P.M. confirmed); Goal Setting on August 24, 1989 at 9:00 A.M. at the East Library. The City Attorney's evaluation was scheduled for September 5, 1989 following the Work Session. Other Commission Action. Commissioner Regulski asked whether a letter was being prepared to FEMA and the City Manager said he is meeting with staff later in the week to continue response. Commissioner Regulski indicated that Gulf-to-Bay Boulevard, U.S. 19 to Bayshore is scheduled for improvement next year. The Countryside overpass is scheduled for the fifth year and $18 million has been allocated for the bridge. It was indicated some work would be done on S.R. 580 and Countryside Boulevard. Commissioner Winner requested Commission support conceptually a resolution on behalf of the N Pinellas Teen Task Force in finding a safe location for teens to gather. Commissioner Nunamaker indicated he has become more aware of the legalities the City has in comparison to other cities, specifically, public access areas. He questioned why the City has to be more responsive to this type lawsuit and feels the Florida Legislature should be looked to for assistance. The City Attorney indicated he did not feel Clearwater is being sued more often considering its size. The City Manager indicated this issue could be added to the legislative policy. The Mayor suggested checking with the Florida League of Cities to see if a policy exists. The meeting adjourned at 12:05 P.M.