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10/30/1989 CITY COMMISSION WORK SESSION October 30, 1989 The City Commission of the City of Clearwater met at City Hall, 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 Cynthia E. Goudeau City Clerk The Mayor called the meeting to order at 9:44 a.m. and the following items were discussed. Status Report - Clearwater 75th Anniversary Terry Schmidt of the Parks & Recreation Department indicated that this will be an expanded celebration of the Fun-n-Sun Festival. He indicated an ad agency is donating their time in developing a logo and they are working on an overall theme. The actual day of the celebration will be May 27, 1990 in conjunction with Memorial Day Weekend. He indicated he is also talking to the Philadelphia Phillies, Clearwater Bombers, Junior Colleges and other agencies regarding participation in this celebration. In response to a question he indicated that they will be attempting to raise the funds for the celebration from the community. Some concern was expressed that this should be a City function and the City should fund it. He stated that celebration activities will take place from January through May with May being the grand finale. He questioned whether or not the Commission would approve the placement of banners on poles in the downtown area. It was the consensus of the Commission to allow the banners from January to May without any advertisements from donating organizations. The City Manager indicated that staff would be returning to the Commission with final recommendations. It was suggested that letters go to the sister cities informing them of the celebration. The Manager indicated he would develop the cost for a time capsule if the Commission wished to pursue this idea. Purchase of Three Fire Engines for the Fire Department This purchase was included in the 1988-89 capital improvement program and was approved by the City Commission in the 1988-89 Budget Hearing. It is being carried forward as a project in the 1989-90 Budget. Current units being replaced will be decommissioned and properly conditioned for sale at a city auction following receipt of the replacement engines. The new units will provide for a high level of fire service and were designed, by a volunteer team of Clearwater Fire Department Personnel, to permit adaption of the engines to the contractual EMS role assigned to the City; the County's hazardous material efforts and the city's heavy rescue program. One of the engines will be bought using county supplied funds made available under the EMS capital improvement agreement with the county. The other two engines will be lease purchased from operational budget monies over the five year term of the lease purchase. In response to a question, it was indicated that in decommissioning the vehicles, City seals will be removed. The meeting recessed from 10:04 a.m. to 10:06 a.m. Vacation Request 89-15 - McMurtry The applicants propose to build a pool and screened enclosure that will extend into the existing drainage and utility easement. In response to a question, it was indicated that the city had no contemplated use for this easement. Concerns were expressed regarding Florida Power having a service line in this area and it was indicated that they have no objection as long as the line is relocated. Pre-Fab Concrete Buildings Two of the buildings are to be used to house generators for back-up power. One providing power to the city hall annex, the other to reservoir number one. The third building will be used to house chlorine cylinders used by the water division. A question was raised regarding why road and drainage funds were being used for this purchase and it was reported staff would respond. In response to a question, it was indicated that the bid did include delivery costs. A concern was raised regarding using one of the buildings for chlorine storage and the public works director reported that they will follow all rules for chlorine storage and there is little or no metal in the building. Beach Traffic Management Report Charles Hunsicker, Assistant City Manager, indicated that staff has been working on this report since mid-summer. He stated the level of effort has changed over time and that improvements have been made. He stated that it is hoped that staff will be able to come back later in the year with a final plan for approval by the Commission. Discussion ensued regarding the recommendations and the efforts that have been made thus far. It was indicated that the current circulation management plan is a good one but efforts will be made in the future to mechanize this instead of having police officers and police aids tied up directing traffic. Some concern was expressed that the plan seemed to be focused on accommodating the cruising problem rather than solving it. A question was raised regarding whether or not the traffic circulation management plan could only be initiated when needed and it was indicated that not maintaining a consistent posture could create additional problems. Discussion ensued regarding the recommendations for parking and there were questions raised regarding the construction of a lot at the west end of Maryanne Street. It was also stated that cashier parking is expensive however, a recommendation is to establish one lot as full-time attended parking in order to evaluate this program. Opposition was expressed to constructing additional parking on the beach. It was stated that they would rather maximize the parking that currently exists. Discussion ensued regarding the proposed boardwalk on the beach with concerns being expressed regarding how it will be constructed and whether or not it will be visually attractive. Concerns were also expressed that it would block the view of the beach. Recommendations were made to extend the hours of the jolly trolley or to add an additional trolley. It was also recommended that enforcement of the noise ordinance be used to eliminate some of the problems in connection with loud radios. In response to a question, Charles Hunsicker indicated that staff hopes to come back to the Commission the first or second week in December with a decision package. A question was raised regarding whether or not an ordinance that would deter cruising could be drafted. The City Attorney responded that ordinances do exist in some cities however they are difficult to enforce. The meeting recessed from 11:43 a.m. to 11:52 a.m. Tank Removal Interim Report Charles Hunsicker, Assistant City Manager, indicated there are two Florida rules that will affect this project. He stated DER Rule 17-61 addresses in-service and out-of-service facilities. He stated classifying the facility as an out-of-service facility will extend the deadline for tank removal to December 31, 1992. Staff has made this formal request to DER for a change in the status of the tanks. He stated DER Rule 17-70 regarding clean-up also addresses our concerns and that either 1) the State will clean-up any spills or contamination or 2) we would be reimbursed for any clean-up. He stated we will continue to pump out the free product from the spill and only one test well is showing any product at this time. The contract for removal of the tanks is being held in abeyance at this time. It was stated that this allows us to make a determination regarding to what use to put this facility in the future. Waiver application West Coast Sailing Center and Penquin Palace Restaurant A restricted area excluding all watercraft and aircraft within 300 feet of the shoreline from the North jetty at the South end of Clearwater Beach north to the centerline of the Somerset Street end was established in 1983. The ordinance establishing this section also provided that a waiver may be granted and establishes the procedures for applying for the waiver. Mark Robinson, doing business as West Coast Sailing Center, Inc. and Charles and Ypapanti Alexiou have applied for a waiver to permit the establishment of the marked corridor for operation of rental sailboards, aquabikes, catamarans, and sunfish sailboats. Concerns were expressed regarding the building being used for this operation and it was indicated Mr. Robinson needs permission from the Department of Natural Resources to have the building seaward of the coastal construction control line. A question was raised regarding whether or not any more thought had been given to establishing a city policy regarding the distances between these types of operations. Bill Held, HarborMaster reported that he is meeting with the Marine Advisory Board and hopes to be bringing forth a recommendation in the near future. It was stated that we need to address the problem of access points for jet skis. It was indicated that staff is also preparing a recommendation regarding this. $10,000.00 Contribution to Florida Orchestra Pursuant to direction by the City Commission during the Budget Adoption Process, the Florida Orchestra was requested to play at the Fourth of July Celebration in exchange for the $10,000.00 donation. The orchestra states it can not play on July 4th due to the fact that the musicians union contract ends in May and as a result many of the musicians leave the area to participate in other musical festivals throughout the country. Questions were raised regarding past practices and it was indicated that a small special group had performed at July 4th concerts. Three years ago, the entire orchestra did perform. Concerns were expressed regarding providing the donation when the concerts desired are not available. Discussion ensued regarding whether or not the Commission still wished to make the donation. It was requested that staff contact Florida Orchestra to see what concerts they would be able to perform for the $10,000.00. Preliminary Site Plan for Lokey Saturn Dealership The proposal is to restripe and redesign the lay-out of the existing vehicle service outdoors sales display and storage site. The applicant proposes to increase open green space to 13,856 square feet or 13% of the site. The site plan does not indicate a change in the two points of access to Gulf-to-Bay Boulevard and one point to Shelly Street. A question was raised regarding whether or not the reconfiguration was caused by the display area and whether or not the traffic engineer had approved the reconfiguration. It was indicated that this will be looked at the Development Review Committee meeting. Preliminary Site Plan for Maximo Motors The applicant is proposing to construct a 4,000 square foot metal building for light automobile maintenance and cleaning at the northeast corner of the site. The entrance to the base for vehicles would be on the east side of the structure not to be visible by either adjacent street. Concerns were expressed regarding the parking of cars on grassed and open space areas. Concerns were also expressed regarding whether or not an existing driveway was indicated as a footpath on the site plan. It was indicated that the two are shown differently. Preliminary Site Plan for Vision Cable The applicant is proposing to redevelop the existing site by redesigning the vehicular use areas, constructing a 13,000 square foot building and constructing a parking lot on the adjacent Florida Power Corporation easement to be used by this development. The two driveways off Drew Street are being redesigned but the site plan proposes no additional access points on Drew Street. There will be a point of access to Old Coachman Road for the parking lot on the Florida Power property, an internal drive at the northeast corner to the adjacent Clearwater Collection Site. A truck drive through the Clearwater Collection property connecting to the existing access drive to Old Coachman Road via Florida Power Corporation adjacent to Clearwater Collection property is proposed. Concerns were expressed regarding protection of the trees and it was requested that this site plan come back to the City Commission for final approval. A question was raised regarding the timeframe for the agreement for parking on the Florida Power easement and it was indicated that this parking was for overflow parking. CDBG Funded Housing Rehabilitation Loan Program The Community Development Office currently offers two types of CDBG funded housing loans. One loans at 0% interest with repayment deferred for those applicants at or below 50% of the medium income level. The current maximum loan through this program is $15,000.00. The other option is loans at 6% interest with repayment terms of up to 20 years for those applicants between 50 and 80% of the medium income level. The maximum loan amount for this program is $25,000.00. Both types are secured by a mortgage on the property being rehabed which must be the principal residence of the borrower. While staff recognizes there have been substantial cost increases in the construction industry, it is not recommended there be an overall increase in the loan limit as it would appear to be more feasible to consider demolition and new construction if rehab costs exceed $25,000.00. It is recommended that the deferred payment loan be increased to $25,000.00 equal to the interest bearing loans. Discussion ensued regarding how to determine whether or not a structure is worth rehabilitating and it was stated there are some human issues that must be addressed, i.e. elderly people who wish to stay in their home. It was the consensus of the Commission to add to the recommendation that the improvements should not cost more than 50% of the post rehab value of the structure. The meeting recessed from 1:08 p.m. to 1:55 p.m. Comprehensive Plan Update 1989 Clearwater transmitted its comprehensive plan for review by the state, county and regional planning counsel on May 29, 1989. The plan has been revised to effect the comments from the state. The Planning and Zoning Board recommends approval of the plan. Michael Wright, Assistant City Manager, reported that Jim Polatty and he had met with the Department of Community Affairs last week to review the plan. Jim Polatty, Planning Director, reviewed the changes being requested by the State. He explained the concept of a tiered-level of service for roads which is being allowed by the State. This allows for the setting of a lower level of service initially and as improvements are made to the road to increase the level of service designation. It was indicated we are mainly concerned regarding our back logged roads and that those projects included in the "Penny for Pinellas Referendum" have been included in the plan. It was stated, if the Penny for Pinellas Referendum fails, there will a requirement for a one quarter mill tax levy for the next four years in order to pay for the projects that will be required by the comprehensive plan. In explaining the state's position regarding back logged roads, it was indicated that there is a 10% leeway for such roads. It was indicated that an accounting system needs to be established for this as the 10% applies for the entire road even if it crosses jurisdictional lines, i.e. US 19. It was indicated that on some sites people will not be able to meet the traffic management guidelines and will have to change use in order to develope the property. Discussion ensued regarding the element in the coastal zone management portion of the plan which provides for grandfathering or building back if there is a natural disaster. Concern was expressed regarding the term "at the time of damage" for determining the value of property that may be destroyed. Consensus of the Commission was to change that language to prior to damage. The Planning Director continued to review the recommended changes and stated that the concurrency management plan will finalize the City's options. Concerns were expressed regarding the allocation of the 10% leeway on back logged roads providing early developments with an advantage over later ones. The Planning Director indicated procedures for this will need to be reviewed. It was indicated that the special transportation area for 19 & 60 had been denied but that the action of the MPO gave the City flexibility to come back with options regarding this. Review of building plans, site plans and changes of use and analysis of associated traffic impacts. Staff was directed to bring forward a compilation of requests for building permits, site plans and changes of use filed after October 16, for any property located within one quarter mile of any roadway having a level of service E or worse. There were seven such requests. Alley's Restaurant at 1360 US 19 South, Countryside Executive Center at 2745 S.R. 580, Target Store at 510 US 19 North, Posner Business Forms at 2145 Sunnydale Blvd., Sand Key Park at 1060 Gulf Blvd., C&S Bank at 1600 McMullen Booth Rd., and Holy Trinity Episcopal Church at 3200 McMullen Booth Road. Of these seven, all but Alley's Restaurant and Countryside Executive Center have approved site plans. It was indicated that staff needs direction from the Commission regarding proceeding to issue permits for these proposed developments. The Planning Director indicated that they will be suggesting the implementation of a traffic impact study for developments on these types of roads between now and the implementation of the concurrency management system. Consensus of the Commission was to allow staff to go forward with these developments. A request was made that further information regarding the 10% allocation be provided. Ordinances 4644-88 and 4644-88 - Annexing and Zoning property at the eastern terminus of Seville Blvd. The existing development of Seville Condominiums is in the city limits of Clearwater. A lawsuit filed, several years ago, regarding the down zoning of the property has been the subject of settlement negotiations. Part of the settlement was for this annexation to go forward bringing the rest of the property into the City with the City making concessions regarding zoning on the other portions of the existing Seville property. Concerns were expressed regarding whether or not the City had the authority to put medium density residential zoning and land use plan designations on the properties if it is in conflict with the county land use plan without approval of the Board of County Commissioners. Concerns were also expressed regarding the impact of additional traffic on US 19. Discussion ensued regarding the zoning on the property and it was indicated that the county's current zoning would allow ten units per acre. This is essentially equivalent to the City's RM-12 as the County density is based on gross acreage where as the City's is based on net acreage. There was some question regarding whether or not a RM-12 zoning would require a county land use plan amendment. Verbal Reports The City Manager reminded the Commission that there would be a CRA meeting at 5:00 p.m. on November 2, 1989. He requested direction from the Commission regarding changing pre-established individual meetings regarding downtown development to an open meeting. Consensus was to have this meeting at 1:00 p.m. on November 6, 1989. It was the consensus of the Commission to ontinue the City Manager's evaluation until the next meeting. City Commission Goals and Policies A concern was expressed regarding policy number 72 and it was requested that the exact contribution to the road and drainage funds be indicated and that a historical note be provided regarding the fixed dollars and what 2.5% generated in an earlier fiscal year. Questions were raised regarding the travel policy and it was requested that a clarification be provided. A question was raised regarding waiving of application fees for governmental entities in connection with policy number 5 and a questions was raised regarding whether or not those fees had been waived for the St. Petersburg Junior College parking lot. It was reported that policy number 39 regarding acquiring of right-of-way needs to be reconciled with the comprehensive plan. Discussion returned to the travel policy and it was indicated that specific trips should be funded in the budget. It was also stated that a policy needs to be established regarding sister city travel as this seems to cause some major problems. A question was also asked regarding whether or not people receive frequent flyer points in their travels and if they accrue to the City. Other Commission Action Commissioner Regulski requested a report from the City Attorney regarding the parking variance granted to McDonalds on the beach. He questioned whether or not the Board's action was contrary to the land development code. Commissioner Nunamaker requested that some sort of recognition of Alex Finch, former city mayor and member of the police force, be developed to be presented to Mr. Finch's family. Meeting adjourned at 4:29 p.m.