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07/17/1989 CITY COMMISSION WORK SESSION July 17, 1989 The City Commission of the City of Clearwater met at City Hall, July 17, 1989 at 9:00 a.m. with the following members present: Rita Garvey Mayor/Commissioner Don Winner Vice-Mayor/Commissioner Lee Regulski Commissioner Richard Fitzgerald Commissioner Absent: William Nunamaker Commissioner Also present were: Charles Hunsicker Acting 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. Janitorial Services The janitorial services contract period is from August 1, 1989 to July 31, 1990. In order to restrict the number of janitorial contracts, the contract is not awarded on a line to line basis but on a total contract price. Based on total contract price, Chemco Industries submitted the lowest bid. Part time employees (2.5 full time equivalents) are presently performing custodial services for ten City facilities. Custodial services for these facilities will now be performed by the contractor. The custodial division is comprised of five employees - one part time custodial superintendent and four part time custodial workers. The custodial superintendent position is now vacant and one of the part time positions is presently filled by a temporary employee. The other three part time employees have full time employment outside the City. The contractor, Chemco, has agreed to hire these employees if they desire employment with the contractor. Administrative and financial charges that will occur as a result of this contract are that the present 2.5 full time equivalent custodial staff will be eliminated, coordination and inspection of the contract will be performed by the Building and Maintenance Division and an estimated annual savings to the City of $30,000 for custodial services will occur. Questions were raised regarding a total contract price as no totals were showing on the tab sheets. Kathy Rice, Assistant City Manager for Administrative Services, stated the contract price would show a slight increase as there are additional buildings included in this contract. However, with the elimination of the part time custodial staff, the City will actually gain a $30,000 cost decrease. It was requested the total contract cost for last year and the proposed contract price be provided. Waiver Application - Holiday House City Code establishes 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 Island northward to the center line of Somerset Street. The Code also provides the waiver may be granted to permit the operation of watercraft within certain areas of the restricted area. Wadid Moussa, doing business as Holiday House II, has applied for a waiver to permit the establishment of a marked corridor for the operation of rental wave runners, parasail operation with motorized boats, windsurfing boards, sailboats and aquacycles. The waiver agreement specifying the conditions under which City staff considers this activity can be safely and appropriately conducted has been drafted. Since that time, the applicant has refused to sign the waiver and submitted alternative proposals. The differences in the two waivers are the amount of the insurance coverage and the method of taking boats and customers through the corridor. The City is requesting $1 million in liability, the applicant offers $500,000. The Harbormaster recommends that only non-motorized transport craft be operated in the waiver corridor. The applicant continues to request he be allowed to launch and retrieve parasail launching rafts and waverunners through the waiver corridor. Staff recommends denial of the application as they do not feel the applicant's proposal addresses safety concerns. It was reported a revised application had been submitted the morning of the work session, however the extent of the differences was not known as there had not been an opportunity to review. Bill Held, Harbormaster, reviewed the history of the restricted area stating that the Holiday Inn and the Angler Motel applied for waivers and were granted for non-motorized craft. The Angler Motel has since terminated the agreement and no longer operates watercraft in the restricted area. A question was raised regarding why this waiver is being brought forward now as the operation has been in existence for some time. The City Attorney reported that due to a recent settlement agreement regarding what is commonly known as the Gray suit, the settlement included a provision that requires the property owners abide by the Code. In response to a question, the Harbormaster indicated that no other waverunners are operated in the restricted area. Holiday Parade The Downtown Clearwater Association (DCA) is requesting the City to waive City charges that may be associated with a proposed holiday parade to be held on December 16, 1989. In past years, the City has co-sponsored four special events for which the City costs have not been charged. These events are Jazz Holiday, Fun 'N Sun Festival, Fourth of July and Turkey Trot. Each of these events do provide certificates of liability insurance naming the City as additional insured. All other special events pay City costs unless the costs are waived by the Commission as they were this past year for the Martin Luther King parade and festival. The DCA wishes to renew the traditional holiday parade which would begin at the City Hall Annex and end at Coachman Park. Activities would then be available at the park as a part of the Family Holiday Festival which has been conducted for several years by the Parks and Recreation Department. Following the festival it is proposed that the day be concluded with the annual illuminated boat parade in Clearwater Harbor. In considering the parade route as proposed, the Police Department estimates the cost of an appropriate number of officers would range between $2,800 and $3,300. Further, in the event barricades are placed by City forces, the Traffic Engineering Department's estimated cost is $1,100. These overtime costs are not included in either departments operating budget. Concerns were raised regarding the provision of insurance, and Ream Wilson, Parks and Recreation Director, indicated the Downtown Clearwater Association is prepared to provide the necessary insurance. A request was made that organizations requesting waiver of City fees and charges be encouraged to solicit volunteer help to cut down on these costs. In response to a question, it was indicated CRA funds cannot be used for this activity, and the Downtown Development Board has already contributed $5,000. It was the consensus of the Commission to revise the agenda item to recommend approval and to place the item on the Consent Agenda. Construction of a New Marina near Island Estates Windward Properties proposes to enter into a long term lease of submerged lands with the City of Clearwater for 15 years with an option to renew in order to build a 120 slip marina. The City Charter currently allows for a maximum 15 year term of leases of City property. Representatives of the Johnson Simmons Company have indicated that a minimum 40 year lease term is required to adequately cover financing requirements for this business venture. Accordingly, should the Commission choose to participate a City Charter amendment would be required to allow for a 40 year lease period. The current proposal from Windward Properties provides that if the City does not renew the lease, it must buy the entire marina at fair market value. If constructed, the City would also retain an option to purchase the marina at fair market value five years after construction. The City itself has considered the construction of a new public marina as our present marina is filled to capacity. The marina facilities element of the Clearwater Comprehensive Plan concluded that the Mandalay marina recreation complex is the best site for a marina. The plan evaluated nine locations on publicly owned lands. The Mandalay marina site was found to be highly feasible. Four sites including expansion of Island Estates marina were found to be feasible. Construction of the docks at a public marina at Island Estates could be accomplished with City owned equipment and employees. Funds currently programmed for a Mandalay marina could be transferred to the expansion of the Island Estates marina if approved by the Commission. The proposal from Windward Properties is a private sector venture that could use private funds or funds derived from the issuance of City backed revenue bonds. However, before this property could be leased and a marina built, the City Charter requires that 1) any departure from open space or public utility requirement for the Memorial Causeway property must be in the public interest, and that overriding public interest must be demonstrated in a public hearing followed by a referendum; 2) the Charter also requires a referendum on the issue of any dredging required over 4,000 cubic yards (It is felt the proposed marina would require this amount of dredging) and 3) the construction of any marina would also require referendum if publicly backed bonds are issued which exceed $1 million. The Commission should also consider the effects of any marina construction north of Memorial Causeway due to the uncertainty of the opening of Dunedin Pass. If approved by the voters, the City and the private developer could file a joint application to the appropriate state agencies with the developer paying all engineering and construction costs included with this permit. The project size of 120 marina slips is below the DRI threshold of 150 and would not require DRI review. Staff is requesting the Commission provide direction regarding three options: 1) discussion of the concept of leasing City bottom land in Clearwater Harbor for the construction of a new 120 slip private marina near Island Estates; 2) the City entering into a lease/purchase arrangement or buy the Upland property from Windward Properties Inc. for the purpose of basing and operating a City marina at this location; 3) construction of a public marina at Clearwater Beach recreation center. Concerns were raised that there were too many questions still pending and that the Commission could not evaluate the proposals at this time. It was agreed it is desirable to provide additional slip spaces if it can be done without additional tax dollars. It was also stated the buy back provision should be optional and not mandatory. Discussion ensued regarding the need to lease the entire bottom land in this area as there is concern of its impact on Ross Yachts long standing ability to moor in this area. It was stated a concern regarding the construction of a marina in the Mandalay area is that it would further congest an already crowded area. It was again emphasized that whether or not the Dunedin Pass is dredged would impact this project. It was the consensus of the Commission for staff to continue to talk to the applicants regarding options 1 & 2. Receipt and Referral: Land Use Plan amendment to Commercial/Tourist Facilities and Zoning Atlas amendment to Neighborhood Commercial on property located on the SW corner at the intersection of Metto and Vine Streets (Crawford and Hancock) LUP 98-9, Z 89-11 The request is for a land use plan amendment from Low Density Residential to Commercial/Tourist Facilities and zoning amendment from RM-8 to CN. The property is presently developed with two duplexes. A concern was raised that this is eroding an RM-8 district and will affect the availability of affordable housing. It was stated the applicant should be allowed to make their presentation, but they should be aware of the Commission's concerns. Land Use Plan amendment to Commercial/Tourist Facilities and CG (General Commercial) zoning on property located at the SW corner of the intersection of Sunset Point Rd. and Hercules Ave. (Florida National Bank) LUP 89-7, Z 89-8 Jim Polatty, Planning and Development Director, indicated approval of this request would violate a standing City Commission policy regarding the type of development desired on the south side of Sunset Point Road. It was Commission policy to keep this development to office or residential. Variance to the minimum separation distance requirement for alcoholic beverage sales at Pattemore's Night Club (Makos) located at 2516 Gulf to Bay Blvd. (Blackpool Palace of Florida) On January 19, 1989 the Commission approved a variance to the alcoholic beverage minimum distance requirements for six months subject to monthly reports regarding the activities of the establishment being submitted by the Police Department to the City Manager. The Police Department recommends the City Commission deliver a strong message to the club that future violations of the public nudity ordinance and ordinances dealing with lap dancing will be met with actions initiated by the Police Department to have the occupational license of the offending establishment revoked. In response to a question, the Police Chief indicated the incident rate at this establishment is about the same as those at other similar establishments. A question was raised regarding what impact denial of the variance would have on the business, and it was indicated that alcoholic beverages would not be allowed to be sold in the addition recently constructed. The Acting City Manager indicated that future violations of the code would be handled by the Police Department seeking occupational license revocation. This would be done in conjunction with the division of alcohol and tobacco. Other establishments are under the same scrutiny. A suggestion was made that yearly reviews be placed on the occupational licenses for establishments with variances. The City Attorney indicated that Chapter 72 of the City Code provides for procedures to revoke licenses should violations occur. Preliminary Subdivision Plat for Dr. Krueger/N.C.N.B. located on the E side of Keystone Drive between Gulf to Bay Blvd. and Rainbow Drive. SUB 89-06 The request is for a three lot non-residential subdivision in order to consider the three lots as separate developments under separate ownership. The N.C.N.B. Bank and Office Development currently exist on the unplatted site. The southerly 418.06 feet will remain as currently developed on proposed Lot 1. The northerly 169.96 feet, which is now an overflow paved parking area for the bank property, will be split into two lots for future office development. The subdivision plat will not create a nonconforming situation as the proposal complies with lot size, parking and building coverage (FAR requirements of the City's Land Development Code). Access is proposed as follows: the existing one point of ingress from Gulf to Bay Blvd., the existing egress point from the drive through lanes onto Keystone, an existing interior drive from proposed lot 1 (southerly lot) to lots 2 & 3 via a proposed vehicular easement and a shared vehicular easement for access to Keystone Ave. and Rainbow Dr. Concerns were expressed regarding the access points in conjunction with future developments of the undeveloped lots. It was requested that an additional condition be placed on the subdivision plat providing that there can be only one access point to each of the roads - Gulf to Bay Blvd., Keystone and Rainbow Drives. Preliminary Site Plan - Holy Trinity Episcopal Church located at 3200 McMullen Booth Rd. opposite Mease Countryside Hospital. PSP 89-17 The request is for a multi-purpose building that will not be temporary, contrary to the agenda item. The building is to be used for religious purposes and activities on the site which is currently developed with a three story masonry church. The church will be providing eight paved and 38 grass parking spaces. The Development Code permits 85% of required parking for churches to be grass. The entrance drive from McMullen Booth Road will be widened to 24 feet. It was indicated this structure would be removed at some point in the future. Discussion: Alternatives regarding accessory parking in residential zones The City Commission requested staff prepare proposals for dealing with accessory parking, particularly for churches in residentially zoned areas. Jim Polatty, Planning and Development Director, indicated there are three options for the Commission to consider: 1) allowing as a conditional use, within residential zones, noncommercial parking lots which serve uses located in public/ semi-public zones; 2) allowing as a conditional use, within residential zones, noncommercial parking lots which serve uses in any other zone and 3) allowing as a use by right, within residential zones, noncommercial parking lots which serve either (a) uses located in any other zone or (b) only certain uses such as churches. If the decision is to allow the use by right, it will be with the understanding that certain standards are met. Mr. Polatty indicated that allowing parking for other uses than churches would be advantageous to the City as it would provide those commercial areas with additional parking; however, there would be some disadvantage in allowing this parking to occur in a residential area. Should this happen, there are ways of conditioning the parking lot in such a way that would require buffering walls and other considerations that would not degrade the residential neighborhood. Another concern is whether or not to allow the parking to be separated from the use it is serving by a street or an alley, and staff recommends it be allowed to be separated only by an alley. Concerns were raised regarding continued protection of neighborhoods and other issues which must be addressed, such as what impact those parking lots would have on density calculation and open space requirements and whether or not the parking in residential zones could only be used for overflow parking and not part of meeting the parking requirement for the use. Discussion ensued regarding whether or not there were other means to control this type of activity such as unity of title and site plan conditions. It was the consensus of the Commission for the City Attorney and the Planning and Development Director to work together to develop an ordinance allowing the parking as a conditional use and addressing the Commission's concerns. In response to a question, it was indicated additional action would be necessary regarding ordinances 4631-88 and 4632-88, the Skycrest United Methodist Church properties, which were being rezoned to allow them additional parking. Commission could deny, approve or continue the request to a later date. Ordinance 4845-89 relating to the Downtown Development Board; repealing Ordinance 4650-88 which provided for a "Sunset Review" of the Board and provided for the repeal of Article IV of Chapter 22 which consists of the enabling legislation for said Board; providing that Article IV of Chapter 22 shall continue in full force and effect for an indefinite period of time. A question was raised regarding how to assure a one year review, and it was indicated that staff is responsible for assuring this is brought back to the Commission. Item A request was received from Pinellas County Yellow Cab to consider another rate increase, and an increase from $100,000 to $1 million for the required liability insurance. It is actually the cab company's desire that the City deregulate rates altogether. It was indicated the recent rate increase granted has been "eaten up" by increases in gasoline costs. Discussion ensued regarding whether or not the City should continue to regulate taxicab rates and what controls there are in the code. It was stated there needs to be countywide rules and regulations regarding cab operation. It was also stated should the Commission decide to no longer set the rates for taxicab operation, that they still could provide that any proposed increase be filed with the City prior to that increase becoming effective. It was also stated there are requirements for the rates to be posted on the outside and inside of the vehicles. It was recommended that countywide coordination of taxicab rules and regulations be an item of discussion between the City Managers. It was the consensus of the Commission that the City Attorney proceed to draft an ordinance that would no longer require the Commission to set taxicab rates, but require notification of increases and to continue with the other controls that are contained in the code. Discussion: Taxicab Ordinance 4858-89 - amending Secs. 61.41 and 61.43 to clarify the conditions for the issuance or revocation of a taxi operator's permit and to provide for an appeal to the City Manager. Robert Surette, Assistant City Attorney, indicated the proposed amendments provide for consistency in the code allowing for an appeal process should an application for an operator's permit be denied. It was the consensus of the Commission to place this ordinance on the agenda for first reading Thursday night. Discussion: Parking Ordinance 4859-89 - amending Sec. 121.01 to change "vehicle" to "motor vehicle" and to prohibit parking more than one motor vehicle in each parking space; amending Sec. 121.04 to change times and places when and where parking signs must be obeyed; amending Sec. 121.05 to clarify the times when passenger zone and loading zone restrictions are applicable; creating Sec. 121.39 to provide an exception for city officers and employees while on city business, and to provide a penalty; amending Secs. 121.40 and 121.41 to change the procedures and fines regarding illegally parked, stopped or standing motor vehicles; repealing Secs. 121.42 and 121.43 relating to warning letters and penalties, and to warrants; amending Sec. 121.44(l) to increase the fine for overtime parking. In response to a question regarding why the overtime parking fine is being increased from $5 to $10, it was indicated that beach communities have higher overtime parking rates. It was questioned whether or not the policy regarding multiple ticketing for multiple violations should be included in the ordinance, and the City Attorney indicated he would do so. In response to a question regarding why there was a provision that only one vehicle can be in one space, it was indicated that motorcycles are causing difficulties as they are multiple parking with as many as 13 motorcycles in a two space area. It was also requested that the exemption for City employees on official business being exempted from paying the meter be included in the ordinance. Item: Loitering for the purposes of prostitution ordinance It was indicated that citizens would be before the Commission Thursday night requesting additional action to address the prostitution problem in the City, in particular in the N. Ft. Harrison area. It was indicated that Jacksonville, Tampa and St. Petersburg have ordinances dealing with this problem, however Jacksonville's ordinance has been declared unconstitutional. Tampa's and St. Petersburg's ordinances have not been overturned. It was indicated that under the current ordinance and Florida Statutes, officers must observe solicitation for prostitution which requires overt operations in order to enforce. The Police Chief indicated enforcement of the State Statutes does not have much effect on the ability to control prostitution, and enforcement of the Tampa and St. Petersburg ordinances has moved their prostitution problem to Clearwater. He indicated the Police Department needs an additional tool in dealing with this problem. Robert Surette, Assistant City Attorney, expressed concerns stating an ordinance prohibiting loitering for the purpose would imply a specific intent for prostitution; and he questioned the ability to determine specific intent when observing a known prostitute talking to someone on the street. He stated this issue has not been well resolved nationwide. Discussion ensued regarding the Commission's desire to attempt to provide some other means for dealing with the prostitution problem other than current state law and city ordinances. Mr. Surette again emphasized the difficulties in producing an ordinance that would withstand constitutional challenge. A question was raised regarding why prostitutes are choosing the N. Ft. Harrison area to conduct this activity, and it was stated Ft. Harrison is a major thoroughfare that also has numerous side streets and motels which can be used. The motel owners in the area have been notified of the consequences should they be found allowing this activity to take place on their premises. Commission direction to the Attorney's office was for them to try to develop an ordinance that will address the problems. Verbal Reports The City Clerk reported she has been informed that Mrs. Emma Whitney, who was appointed to the Development Code Adjustment Board July 6th will be on vacation for at least a month. She stated this places the Development Code Adjustment Board in the position of being unable to meet as there will not be a quorum present. She requested permission to place an item on the agenda Thursday night that would rescind the action appointing Mrs. Whitney and appoint another individual. Commission expressed some concerns regarding this action, and the City Clerk indicated that without appointment of a new member, the Board would not be able to consider any cases for a month. Consensus was for the item to be placed on the agenda and to be discussed further Thursday. (It was later found that Mrs. Whitney would not be out of town a month and this request was withdrawn.) Other Commission Action Commissioner Regulski questioned the status of a response to FEMA's letter regarding the City's settlement with Mr. Thomas. Michael Wright, Assistant City Manager, indicated they are still collecting data and he will provide additional information. The meeting adjourned at 11:48 a.m.