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04/03/1989 CITY COMMISSION WORK SESSION April 3, 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 James Berfield Commissioner Richard Fitzgerald Commissioner-elect 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 9:00 a.m. and the following items were discussed. City's efforts to comply with mandatory water restrictions Charles Hunsicker, Assistant City Manager, reviewed the City's efforts to abide by the Southwest Florida Water Management District's water restrictions. He stated we have instituted a warning and citation procedure. In response to a question, he indicated the Water Division, in conjunction with the Police Department, is responsible for monitoring the warnings and the Police Department does have a procedure for checking for previous citations. Concerns were expressed regarding water usage and violations at hotels and motels and it was suggested the City work with the Chamber of Commerce to put out educational literature. City Manager Evaluation Process Peter Caffentzis explained the use of the language of climate. He stated leadership and followership behaviors would be measured. He emphasized this is not an evaluation but is used as a way of establishing a marker. Concerns were expressed that this is not an evaluation but is a tool for the Manager to use. Discussion ensued regarding whether or not management in a public sector job is different from the private sector. The City Manager indicated no goals or objectives have been established as yet. He will be meeting with the Commission in June to do so. Extensive discussion ensued regarding what methods should be used to rate the Manager and at what time the evaluation would be appropriate. Concerns were also expressed regarding whether or not salary adjustment should be separated from job performance evaluation. Consensus of the Commission was to consider a salary adjustment at Thursday night's meeting and that recommendations regarding evaluation procedures would be forth coming at a future work session. The City Manager announced he will be setting up team building and goal setting meetings with department directors. The meeting recessed from 10:45 a.m. to 10:53 a.m. Contract to Furniture Source, Tampa, FL for 55 replacement stacking chairs at a total cost of $7,800.95 for the library Concern was expressed regarding the chairs costing over $100.00 and it was requested this be checked. Annual contract to Florida Utilities Supply Company of Tampa, for miscellaneous brass water fittings and fire hydrants, at an estimated cost of $119,615.76 The requested material is used regularly to expand and/or maintain the water distribution system. The recommended vendor submitted the second lowest bid. The low bidder for this purchase quoted items that did not meet the water division's specifications. The water division specified a particular manufacturer's product which the low bidder does not handle. The water division is attempting to standardize to specific materials for several reasons; to minimize repair parts in its warehouse; because tapping equipment is more compatible with the specified fittings; because the low bidder's products have several undesirable characteristics that could make use of their fittings more expensive in the overall maintenance and operation of the City's water distribution system. A protest has been filed in regard to award of this contract. In response to questions, Bill Baker, Public Works Director, indicated the City does not prevent developers from using other brands of materials. He stated the City has experience with Mueller and they have a better product. Discussion regarding the Alcoholic Beverage Ordinance Paula Harvey, Planning Director indicated the issue regarding expansion of an alcoholic beverage establishment came up at the Planning and Zoning Board. The concern is that if an expansion is not for alcoholic beverage consumption, should the variance be needed. Concerns were raised that the area, in the future, could be converted for use of alcoholic beverage sales and it was indicated the variance is based on the total floor area and not the area of service. Commission consensus was this was a minor issue and it was not necessary to make changes to the ordinance. Variance to the separation requirements for Sale of Alcoholic Beverages for Binor's Liquor Store to be located within Gionis Plaza at 490 Mandalay Ave., Lots 57 through 63 and part of lot 64, Clearwater Beach Park zoned CB (Mary G. Realty, Inc.) Binor's Liquor Store is proposing to locate within the Gionis Plaza at Mandalay Avenue and Baymont Street. The applicant is requesting a variance to the 300 foot separation requirement for sale of alcoholic beverages from a residential CR-28 zone. The Planning and Zoning Board did approve the conditional use with conditions. A question was raised regarding whether or not other alcoholic beverage establishments would be located in the plaza. Public Hearing and First Reading Ordinance #4783-89 - Land Development Code Amendment pertaining to the definition of Surface Area of a Sign The definition of surface area of a sign placed directly on a wall has been found to not be as clear as that for determining surface area of other signs. In addition, no definition is provided for the surface area of a sign placed on a window. The proposed ordinance provides that the surface area of signs placed on a wall or window shall be the smallest rectangular, trapezoidal, triangular, circular or semi-circular area which fully encompasses the message. The Development Code Adjustment Board recommended approval, subject to the insertion of the word "single" before the word "smallest" in the fifth and sixth line of the proposed definition. Paula Harvey, Planning Director indicated there is a loophole for temporary signs which allows greater coverage. She indicated the Chamber's Task Force regarding signs recommends equal coverage and this will be coming forward shortly. The City Attorney indicated he may be amending the ordinance to say that the area fully encompasses the message or messages. In response to a question, it was indicated merchandize displayed in windows is not a sign. Commissioner Regulski reported the Metropolitan Planning Organization had disallowed the special traffic area designation for US19 and S.R.60. He stated it had been inferred in the comprehensive plan that the reason for this was to create an activity center of development. He stated that development orders in this area are not in jeopardy and there is no need to induce further development. The Planning Director indicated this still places the City in a position in acting not to commit funding to improvements to US19. Other City Attorney Items Discussion regarding annexation procedures in relation to the Pinellas Planning Council Policy The City Attorney indicated the Pinellas Planning Council will not consider land use plan amendments unless we have jurisdiction. In order to initiate plan amendments, the City must first annex the property. The City Attorney indicated an individual could petition for contraction (de-annexation) at the same time as annexation and if the plan amendment they are requested is not approved, the contraction ordinance would go into effect. The City Attorney further explained his proposal indicating it was creating an apparatus to address this problem. He stated he is proposing that property be annexed immediately with the land use plan amendment contingent on Pinellas Planning Council approval. If the Pinellas Planning Council does not approve the land use plan amendment and the zoning, the contraction would take place. It was indicated the City's current practice of approving the annexation along with the land use plan and zoning is an effort to be up front with the applicant. Settlement of Clearwater Beach Hotel as intervenor in Jim Gray suit The City Attorney indicated there was nothing new to report on this issue. The City Attorney reported there are two lawsuits regarding the City's policy of requiring annexation in order to obtain sewer service. He stated the second district court of appeal has reversed the decision against Cornerstone in order to allow them to amend their complaint. He reported the suit with Countryside Christian Center is still pending. The City Attorney reported the Florida Legislature convenes tomorrow. The Mayor questioned the status of the Dimmitt suit and it was indicated this is still pending. She requested status of the massage therapy ordinance and the City Attorney indicated he has moved this up in priority. She questioned the status of the waiver of impact fees for the Homeless Emergency Project and it was indicated this will be at the meeting Thursday night. The Mayor questioned all three Assistant City Managers attending town meetings and it was indicated that an attorney general's opinion states town meetings are under the Sunshine Law and minutes are required. Concern was raised that no one is coming to town meetings. Verbal Reports The City Manager questioned whether or not the Commission wished to have the Airpark Master Plan at a separate work session. Consensus was to have it after a regularly scheduled work session. It was reported there will be a Florida Department of Transportation public hearing at 7:30 p.m. on April 5, 1989, which the City Manager will be attending. The five year plan will be discussed. It was indicated that funding from the State for replacement of Clearwater Pass Bridge would be a part of this. It was also indicated if the City rejects the five year plan, federal monies for the bridge could be withheld. The City Manager reported staff is recommending option #1 regarding the Budget Advisory Committee. It was indicated their major concern has been that their input is not used. It was stated that a more defined mission statement is needed and the Advisory Committee has delved into policy issues. It was requested something more definite be provided by the next work session. The City Manager reported there are ten days to decide whether to appeal the DeSantis case. He stated there was a split decision to reinstate Mr. DeSantis with no pay. Police training will be required. Other Commission Action Commissioner Winner questioned the status of the permit counter and it was stated it has been designed but has not been built. They are still considering how far to consolidate. Commissioner Regulski questioned the status of the Kindall Street Building and it was indicated a lien had been filed. Paula Harvey, Planning Director indicated a site plan has been filed and they have met with engineering. The Mayor reported on a complaint regarding the lighting being too bright in the new building and effecting Emma Whitney's property. Commissioner Regulski reported on a bill which has been proposed that will usurp local government's control over signs. He requested that a resolution be prepared opposing this. Consensus of the Commission was to have the resolution prepared along with a cover letter that will go to the Pinellas County Legislative Delegation. Commissioner Berfield offered his condolences to Mayor Garvey regarding the death of her mother-in-law. Commissioner Nunamaker questioned money available for the bridge and it was indicated $300,000.00 will be needed from the City for inspections until 1993. The City Manager reported additional monies will also be needed for right-of-way acquisition for the new bridge. Commissioner Nunamaker expressed concerns regarding the engineering plans and questioned if we were ready to move prior to 1993 could the City move forward with the construction and be reimbursed for monies expended. The City Manager reported there will be a "kick off" meeting regarding the bridge on May 20. Commissioner Nunamaker raised a question regarding whether or not Planning and Zoning Board members contacting the City Commission was a violation of the Sunshine Law. It was indicated it would not be a violation as long as they are not being used as a conduit to pass information among board members. The meeting adjourned at 12:45 p.m.