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03/13/1989 CITY COMMISSION WORK SESSION March 13, 1989 The City Commission of the City of Clearwater met at City Hall, with the following members present: Rita Garvey Mayor/Commissioner Lee Regulski Commissioner Don Winner Commissioner William Nunamaker Commissioner Absent: James L. Berfield Vice-Mayor/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 and the following items were discussed. Center Foundation Short Term Bond Issue The City of Clearwater is being asked to issue what amounts to a short-term bond issue of $2.5 million to allow construction to begin on the Center Foundation Project. According to Gray Dunlap of W.R. Hough and Company, the total construction will cost approximately $5 million of which $2.5 million is currently on hand. The money to be borrowed is to be repaid by existing pledges from various corporations, individuals and the City of Clearwater. In addition, it is anticipated that Barnett Bank will also provide a credit enhancement to help guarantee repayment of the loan. Fred Fisher announced that the groundbreaking is this Friday. The total cost is $9,000,000. He met with Gray Dunlap of Hough regarding tax free instruments. The maximum is $2.5 million in bonds, $700,000 in AAA securities, and $1.8 million in trust. It was stated that the City had $750,000 in unpaid pledges. Discussion ensued regarding the City's commitments. The documentation provides nothing binding on Clearwater for the funds. It was stated that citizens have raised more than enough to stand behind the bonds. The City Attorney was asked to follow-up regarding the City's commitment. It was reported that Don Deignan, Finance Director, is reviewing the loan agreement and it will put it in the read file. This item is to be added to the Agenda for Thursday. It was emphasized that this is a conduit to obtain tax-free bonds. The project will be finished in 14 months. Item #1 - Three (3) year agreement with the Ervin Harris All American Youth Club, Inc. for the use of Holt Ave. Youth Center. The Ervin Harris All American Youth Club, Inc. has been programming Holt Avenue Youth Center for the City since February 5th, 1987. The existing agreement expired on March 1st, 1989. This new agreement is similar to previous agreements except that minor clarifications have been made and staff recommends the term of the new agreement be for three (3) years which is an increase over the past agreement term of one (1) year. In response to a question regarding how much Ervin contributes, Ream Wilson, Parks and Recreation Director, replied that the club contributes utilities and personnel. The city contributes building maintenance and some operating supplies. Information regarding the City's cost was requested. The "Agreement" which allows Mr. Harris to operate out of Holt Avenue Youth Center was effective February 17th, 1987. In fiscal year 1986/87, the City's total operating budget (not including capital) for the Center was about $35,902 which included personnel and utilities. The City's annual operating budget for this year is $5,140 which covers building maintenance charges, equipment repair and operating supplies. The annual operating budget reduction of approximately $30,000 was made possible in that all personnel and utility costs are now the responsibility of the Ervin Harris All American Youth Club. In response to a question, it was indicated there is a 60-day cancellation clause. Amend the 1988/89 C.I.P. Budget by transferring $46,128.23 of Recreation Facility Impact fees to C.I.P. 3220 (Coachman Ridge Park). On November 5, 1987 the City Commission approved a Capital Improvement Project of $32,200 to begin the phased development of Coachman Ridge Park. The source of these funds was Recreation Facility Impact Fees. Since November 5, 1987, the City has accumulated additional impact fees which can be used for this project. Staff is recommending that a total of $46,128.23, of which $44,000 is interest, be transferred from Recreation Facility Impact Fees to further assist in the development of the park. In response to questions, it was stated that interest generated from the impact fees can be used anywhere in the City and is not tied to the area from which the fee was collected. A question was also raised as to whether there are many requests for the park. A concern was expressed as to whether there was something of higher priority. Accept Sidewalk Easement and Sidewalk serving students of Eisenhower Elementary School from Hooker Homes, Inc. and Brigadoon of Clearwater Homeowners Association, Inc. Eisenhower Elementary School is a Pinellas County school located on the north side and adjacent to Drew Street just east of its intersection with Hampton Road. Children walking to this school from points north collect in a southerly direction down Fairwood Avenue. Without this easement they must follow Fairwood Avenue southward to Drew Street, turn east on Drew Street and proceed eastwardly to the school. This is a rather dangerous route and one which would not be necessary were the students able to turn eastwardly along this proposed easement before reaching Drew Street and arrive at the rear of the school. In order to try to improve the safety of the children, an easement is needed from Brigadoon. A question was asked regarding liability. The City Manager felt the safety of the children was more important. In response to a question, it was unknown as to whether Brigadoon was rental or condos. Concern was expressed regarding the hold harmless clause. The City Attorney indicated that there is an additional liability. Clarification regarding ownership was requested. Contract for purchase of an Electronic Total Station with accompanying electronic field book to Earl Dudley Associates, Inc. for a total of $15,480. The Engineering Division is purchasing an electronic survey total station and data recorder to increase the precision of field information, improve the efficiency of the survey field parties by reducing set up and repositioning time, and to increase the efficiency of data reduction. By coupling that equipment with an electronic field book which automatically captures, stores, and transfers the data to the Engineering Division's computer aided drafting (CAD) equipment, use of the survey equipment reduces the time required for manually plotting and processing that data. Crew safety is also enhanced as the readings can be taken from the side of the road instead of the center of the road. William C. Baker, Public Works Director, stated that the low bidder was not recommended as the equipment proposed reads to a finer degree, but not as accurately. Information was requested as to how long Earl Dudley has been in business and their service and warranty. Other City Attorney Items Exotic Dancing Ordinance. The proposed "Exotic Dancing" ordinance prohibits the arguably lewd activities that have been escalating recently in establishments offering exotic dancing. Although the ordinance may not cover all concerns, the state statutes prohibiting lewd and lascivious conduct, indecent exposure, disorderly conduct and prostitution. This Ordinance can be used as an additional or alternative means of promoting the health, safety, and welfare of the community. Rob Surette, Assistant City Attorney, stated that the main premise of this ordinance is that in the U.S. Supreme Court, nude dancing is due 1st Amendment rights. The Supreme Court determined that Municipalities and States have broad power to regulate activities, particularly, when alcohol is sold for on-premises consumption. A recent decision provides that all municipalities need to demonstrate is that there is a rational reason for implementation, not substantial interest. This ordinance is based on ordinances discussed by the Supreme Court dealing with alcohol beverage consumption. Concerns have been raised regarding "touching" occurring at private tableside dancing. A suggestion was made that in lieu of the description regarding touching, etc., specify a distance that customers and entertainers can come within one another. It was stated the language is tailored to the problems we are trying to solve and the ordinance needs to address conduct. A question was raised regarding the County ordinance providing that this activity is illegal in a place that serves beverages or food while our's only addresses alcoholic beverage. Mr. Surette said that the County Ordinance is similar to Pinellas Park's, which was struck down. The City Attorney stated the ordinance can not be based on a morality issue. Mr. Surette said that there are a variety of state laws that can be used prohibiting conduct found to be undesirable. The Disorderly Conduct Statute applies to public nudity and is not vague and ambiguous. In response to a question regarding whether or not we could just enforce the state and county ordinances, Mr. Surette replied that we can, but the City Commission requested the Ordinance. It was stated that we are trying to do away with activity that we find offensive. The City Attorney stated the Ordinance has to be drawn up with specificity. In response to a question regarding the suggested distance limitation, it was indicated such a prohibition is too broad. In response to a question regarding enforcement of current statutes, Mr. Surette indicated he is in contact with the State Attorney's office and they have guaranteed cooperation in prosecuting violations under state law. Chief Klein was asked if we can enforce the Florida Statutes and revoke licenses. It was suggested we amend the Occupational License Codes to incorporate arrests and convictions as reasons for revocation. Chief Klein said that we clearly have authority under Florida Statutes. Questions arose regarding who has authority under the County Ordinance. Mr. Surette said that the County Ordinance is applicable. Questions arose again regarding including a distance limitation and it was indicated this would be overboard. The ordinance attempts to focus on the problem and not hazard overbreadth. In response to questions regarding the State statute, Mr. Surette indicated the City's Ordinance contains prohibited activity that is not specifically mentioned in the State law. The City's Ordinance overlaps the State Law. Mr. Surette indicated the strategy will be for the vice and narcotic detectives to arrest on those activities to be found most "outrageous." Citations will be filed under State Law. The meeting recessed from 2:52 p.m. to 3:00 p.m. Preliminary Site Plan for S.E.D. North (Severely Emotionally Disturbed Center) located on the Sandy Lane School property (9.83 acres of the 50.82 acre Sandy Lane School property), between Kings Highway and Betty Lane, from Sandy Lane to Sunset Pt. Rd. M&B 41-01, Sec 3-29-15. (Pinellas County School Board). The Pinellas County School Board is proposing to construct a center for severely emotionally disturbed children, kindergarten through twelfth grade, on the existing Sandy Lane Elementary School property. The facility will include programs for emotionally and physically disturbed children, those with mental, physical, speech, visual or hearing impairments. According to the applicant's engineer, students will not reside at the school. Sandy Lane Elementary is not a residential facility. It is open for daytime hours only. In answer to a question regarding which grade levels would be included in this facility, it was indicated that they would be Kindergarten through 12th grade. Sandy Lane currently goes through 5th grade. Preliminary Site Plan for Greek Orthodox Church of Holy Trinity (Renovation and addition) (4.18 acres) located N of Gulf-to-Bay Blvd. and E of Old Coachman Rd. M&B 14-05, Sec. 18-29-16. (Greek Orthodox Church of Holy Trinity). The Greek Orthodox Church of Holy Trinity is proposing to renovate the existing church hall and construct a new gymnasium structure at the existing church site off Old Coachman Road, north of Gulf-to-Bay Boulevard. The gymnasium would contain approximately 10,920 square feet of floor area. In response to a question regarding whether or not all requirements will be met, Paula Harvey, Acting Planning and Development Director, said that parking concerns need to be addressed. Second Reading Ordinance No. 4727-88 - Relating to the Land Development Code, amending Sec. 136.022(K) to require handicapped parking spaces be outlined in blue paint as required by Florida law Keith Crawford presented a picture of DOT standards for marking handicapped spaces. Concerns were expressed regarding how this will be applied to existing parking lots. A question was also raised regarding whether this applied to both public and private lots. It was requested that a letter be sent to the State to request clarification. Second Reading Ordinance No. 4750-88 - Relating to the Land Development Code, amending Sec. 135.091 to provide that "business service" is a permitted use within General Office (OG) District In the title, "Business Service" should be substituted with "Television or Radio Broadcasting Studios." In answer to a question regarding the need for a definition, it was indicated that it is self-explanatory. Second Reading Ordinance No. 4774-89 - Relating to the Land Development Code, amending Sec. 136.022(f)(4) relating to off-street parking space requirements for restaurants, taverns and other drinking establishments excluding drive-through, carryout and fast food restaurants Ms. Harvey indicated Mr. Robbot, who spoke at last meeting, will be present again to request continuation. Questions ensued regarding how many businesses will be affected and if new establishments are trying to accomplish shared parking. Other City Attorney Items Booker Creek Preservation - Settlement Charles Hunsicker, Assistant City Manager, reported the settlement stipulates to environmental improvements by moving up refurbishment of the outfall point and planting sea grasses ($75,000) on two to three acres. It was indicated the Marine Science Center has volunteers to help plant the sea grasses. The next priorities are to restate the commitment to reuse effluent for irrigation and to preserve and protect water resources to bring to the City of Clearwater goals and policies in drainage elements to improve water quality. It was requested the City Commission be provided with information from the ongoing water quality monitoring system. If the City enters into the stipulations, documents will be presented to the Department of Environmental Regulations (DER) and the Hearing Officer and the case will be closed. Other Commission Action The Mayor questioned the status of the report from the Signage Task Force and Chamber recommendations. Ms. Harvey responded that staff is reviewing and this will be brought to the Commission as soon as possible. The Mayor reported regarding a letter from Mr. Heutchens of the Airpark Authority reporting Mrs. Herman, the League of Women Voter's rep, is no longer on the board. She questioned the status of the DeSantis case. It was reported that Mr. Hubbard is working with the Civil Service Board to set rules to go by. Commissioner Regulski questioned the status of zoning of group housing. It was indicated the priority has been the comprehensive plan. Staff will get to this amendment as soon as possible. Commissioner Nunamaker complimented Paula Harvey for her presentation at TBRPC. He reported the Sheraton Sand Key DRI was passed. The meeting adjourned at 4:00 p.m.