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10/16/1989 CITY COMMISSION WORK SESSION October 16, 1989 The City Commission of the City of Clearwater met at City Hall, 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 Cynthia E. Goudeau City Clerk The Mayor called the meeting to order and the following items were discussed. One service pin was awarded to a City employee. Employee of the Month award was presented to Richard Jones, Public Works Department. Budget Advisory Committee For the past several months the City Commission and City staff have been discussing various options for the proposed re-creation of the Budget Advisory Committee. After discussion with Commission members, a proposed mission statement and procedures and guidelines for appointment have been developed. The City Manager indicated one major issue to resolve was whether or not the Committee would be five or ten members. A question was raised regarding the guidelines requiring evening meetings, and it was the consensus of the Commission that the committee should be allowed to set its own time and date for their meetings. Discussion ensued regarding absences. Consensus of the Commission was that two consecutive absences or four absences in any twelve month period would constitute grounds for removal from the board. Line of Credit-Lease/Purchase Financing Agreement 1989/90 The City requested bids to provide a line of credit for lease/purchase financing for fiscal 1990. This agreement is not a commitment to borrow; decisions to lease/purchase specific items of equipment must be approved by the Commission throughout the year and on an individual basis. A question was raised regarding why there was a time extension to the previous agreement. Staff will report. Enterprise Zone Boundary change Staff is recommending that the boundaries for the Enterprise Zone be changed to more closely parallel the boundaries of this Community Redevelopment Agency district. The boundaries cannot be expanded to exactly conform to CRA boundaries because of distress rating criteria and supporting census tract characteristics. A well planned, well marketed enterprise zone with realistic long term goals can be an effective tool for local development if other conditions exist such as solid infrastructure, relatively healthy regional economy and the availability of job training. In response to a question it was indicated the main benefits for businesses moving into an enterprise zone are tax incentives. Michael Wright, Assistant City Manager, reviewed the changes proposed and indicated he would provide a map that more clearly defines the expansion area. A question was raised regarding expanding up to Missouri Avenue, and it was indicated this area does not meet the criteria for an enterprise zone. A question was raised regarding how many and who has taken advantage of the current enterprise zone, and what we will accomplish by increasing this area. Staff will respond. Fuel tank replacement - City owned service station There are three 4,000 gallon tanks and one 3,000 gallon tank for fuel dispensing at the Clearwater Beach city owned service station which were put into service at least 20 years ago. State requirements mandate that these tanks be replaced prior to December 31, 1989. Staff had estimated the cost of this would be $40,000, however the bids came in at $50,000. Based on concerns expressed by the Commission at the last meeting, at which this item was originally discussed, staff has revamped its recommendation as to how to pay for the $10,000 shortfall. It is now being recommended that the minimum monthly payment in the current request for bids for the service station be increased by $200 a month which will make up the shortfall in a five year period. The City Manager reported there may be some contamination in the soil due to a line break that occurred in 1988. He stated the City can not fill the tanks with inert material and abandon them. Discussion ensued regarding whether or not the Commission wished to proceed with reestablishing a service station at this location. It was again emphasized that, whether or not a service station is place there, because there was a leak in 1988, we have lost the option of filling and abandoning the tanks in place and the tanks must be removed. Marina slip rate charges Based on concerns expressed by the Commission, staff has revised the recommendations for increases to the Marina slip rates. Bill Held, Harbormaster, stated they looked at all the revenues and lease agreements, and it was also found that the proposed CIP project for the Mandalay Marina will not be needed as the site is not conducive to expansion; therefore, the CIP project funding can be reduced. The new recommendation is to increase by 3% the slip rates for private pleasure craft, commercial party boats and commercial charter boats with an additional 15% surcharge for nonresidents. Transient slip rates will increase to a 70 cents per foot rate. It was indicated that Clearwater residents are given preference on the waiting list for slips, and a question was raised why someone buying a boat already moored in the marina is allowed to keep that slip. The Harbormaster indicated they did not feel it was appropriate to force someone out of the marina because they buy the boat. The Harbormaster indicated he had some concerns regarding the transient rate being 70 cents per foot as a long term stay would be too expensive. He is changing his recommendation to indicate a 70 cents per foot daily rate, a 60 cents per foot weekly rate and a 50 cents per foot monthly rate. He also indicated the transient rate occupancy is down, and it has been indicated to him this is due to customs being in the marina. A recommendation was made that the revised recommendations be posted at the Marina. Waiver application - West Coast Sailing Center Inc. and Penguin Palace Restaurant Mark Robinson, d/b/a West Coast Sailing Center, and Charles and Ypapanti Alexiou, owners of the Penguin Palace Restaurant, have applied for a waiver to the restricted swimming area that would permit the establishment of a marked corridor for the operation of rental sale boats, aquabikes, catamarans and sunfish sailboats. The Harbormaster indicated that Mr. Robinson had operated off the Angler Motel and is now changing his location. He stated there will be no mechanically propelled vessels in the area and they will comply with code and provide insurance. A concern was raised that the City Commission needs to establish a policy regarding how many of these types of operations will be allowed on the public beach. It was suggested this be considered by the Marine Advisory Board. Contract for parking lot attendant services at parking lots at Clearwater Beach This is the first contract extension authorized by the initial specifications for bid. The current vendor has agreed to extend the contract with no price increase even though costs have risen. A question was raised regarding whether or not attendant parking is more profitable than metered parking. Caution was suggested in making any changes to the situation regarding parking on the beach at this time. Petition for Annexation and RS-8 Zoning for a parcel located at 1401 Citrus St. -.25 acres, lot 18 and W 50' lot 17, blk C, Sunny Park Groves (Smythe) The property is developed with a single family residence and the request is made to obtain City sewer service. A question was raised regarding whether or not we should be annexing the half street right of way abutting the property. Commission consensus was that whenever feasible, annexations should include to the middle of the street. Petition for Annexation and IL zoning for a parcel located on the E side of the proposed N. Keene Road extension where Leo Lane terminates - 9.99 acres (City) This is a recently purchased City property. The property is currently vacant but it is proposed to be used by the City Sanitation Division. N. Keene Road is not built in this area. Concerns were expressed that it was being indicated that access would be through Leo Lane which is through a residential neighborhood. In particular when there is City owned property abutting this site through which City traffic can travel. It was indicated this would be brought back at site plan. Land Use Plan amendment and Low Density Residential and RM-8 district zoning for four lots located on the N side of Howard St. between Scranton and Tilly Avenues consisting of lots 25 - 28 inclusive, blk B, Belmont 2nd Addn (Belmont Park Methodist Church) LUP 89-11 Z 89-13 A question was raised regarding whether or not P/SP zoning should be used for churches, and it was suggested that perhaps, instead, they should be used as conditional uses in certain zones. Concern was expressed that wherever a church chooses to locate is rezoned to P/SP, and should they ever sell the property, it has to rezoned for another use. Consensus of the Commission was for staff to investigate possibilities and to report. Alcoholic Beverage Sales Minimum Distance variance for the New Fountain located at 1045 N. Greenwood Ave. The alcoholic beverage license designation of the business is 4COP-SR, a grandfathered license which allows for on premise consumption and package sales. The property is included within the N. Greenwood economic development plan. The new business owner proposes to expand the building by approximately 2,100 sq. ft. in order to house the package sales in a separate portion of the building and to provide a catering service. The new business owner proposes to refurbish the building architecture to comport with a semi-tropical design criteria contained in the N. Greenwood economic development plan. Staff views the reinvestment in the property and the refurbishment of the building to hold promise for the much needed improvement of the immediate and surrounding neighborhood, and recommends approval of the variance to allow the alcoholic beverage sales zero feet from a residential zone. Some concern was raised regarding how the parking is to be handled, and the Planning and Development Director indicated there is proposed parking across the street. Concern was also expressed regarding the history of this property, and it was encouraged that staff develop a list of violations that would justify revoking licenses of businesses. Preliminary Site Plan for Congo River Golf and Exploration Company, Inc. located at 880 U.S. 19 South PSP 89-18 The applicant is requesting approval of a site plan to construct a miniature golf course and arcade on this site. The Planning and Zoning Board approved the conditional use. As the property is a portion of a platted lot, the lot division is being processed as an administrative lot division subject to approval by the City Manager. There are environmental concerns regarding existing wetlands and mature specimen trees which will require coordination with the City's Environmental Division and State DER. Access is proposed off the existing paved access drive at the NE corner of the site and via an access easement relocated to the SE corner of the site which will also provide access for the adjacent mobile home park property to the west. It was indicated this item was already in process when City Commission direction was provided regarding their wish to review all development on level of service F roads. Discussion ensued regarding the need for the Commission to set a policy regarding exactly what developments they wish to see when they are located on level F roads or within a quarter mile of those roads as addressed by the County's moratorium. It was the consensus of the Commission to discuss the issue of what developments should be brought to them at the next work session. It was indicated that staff would like to exclude single family residential developments from the review. Revalidation of the Site Plan for Plymouth Plaza located at 2588-2594 U.S. 19 North The applicant is requesting approval to revalidate the site plan for three years in order to complete the development. One of the two previously approved five story office buildings has been constructed along with the five level parking structure and parking lot. The applicant is now ready to construct the remaining five story office building and related site improvements. Concerns were expressed regarding a three year extension and consensus of the Commission was for the Planning and Development Director to request the applicant agree to a two year extension. Annual report on the Development of Regional Impact of Park Place (Metro Development Corp.) A requirement of the DRI for Park Place is that an annual report be submitted to the City. Ownership of the project has changed since the last annual report. The applicant indicates the second six story office building in phase 1 will be initiated during 1989/90. The report is accurate and sufficient in providing a report of the past year's progress in Park Place and the project is generally in compliance with the Development Order; however, in section 4.a the Development Order requires the development will be consistent with all applicable provisions of the City of Ordinances. Filing of the subdivision plat prior to sale is a requirement of the Land Development Code and should be accomplished to ensure future development rights remain vested. Currently there is a technical violation due to the owner's failure to file a plat prior to sale. A question was raised regarding recent changes in the law regarding DRIs so that they are not easily revalidated. The Planning Director indicated this particular DRI does not fall in that category, and it was requested that information be provided to explain why. Land Development Code Text amendment addressing Family Care and Group Care facilities The City Commission had requested that staff investigate how to better accommodate family care and group care facilities such as Isaiah's Inn. In the meantime, state law has also changed addressing this. Staff is recommending changes to our definitions to coincide with the definitions of the state, however we are not changing the names of our facilities to match the state's. Staff is attempting, through other changes, to broaden the opportunity for temporary housing in commercial districts or as a conditional use in residential multi-family zones. Concerns were expressed that this does not fully address the problems of how to accommodate these facilities. Questions were also raised regarding whether or not the City could continue to use its 1200 foot separation rule instead of the State's 1000 foot rule, and the City Attorney indicated he felt we would have to follow the State's requirements. Consensus of the Commission is for staff to come back with an ordinance that would allow these facilities as a conditional use in all areas except single family districts. Ordinance 4886-89, False Alarms The City Attorney indicated this ordinance is still being worked on. He stated there are two issues that need to be addressed - one regarding the $25 registration fee and the other being the fines imposed and non-response after a certain number of violations. Commission expressed concerns that a deadline for this ordinance needs to be established, and it was the consensus that the deadline would be January 4, 1990. City Manager Verbal Reports The City Manager reported that a request has been received from the Chi Chi Rodriguez Youth Foundation for a loan to pay impact fees. Consensus of the Commission was to schedule this for Thursday night including a five year payback period. The City Manager requested direction regarding the scheduling of his evaluation. It was the consensus of the Commission to schedule this for after the work session on October 30th. Michael Wright, Assistant City Manager, reported we may need to call a special meeting regarding the improvements to Jack Russell Stadium. He indicated the bids have come in higher than anticipated and we are seeing if there are ways to cut some of the costs. He indicated we are working under a time constraint as we need to begin construction by November 1 in order to have the project completed in time for spring training. Mission Statement Goals and Policies of the City Commission The City Manager and City Commissioners have met in several work sessions to establish goals and review Commission policies. These are being presented to the Commission for review and once adopted, they will be finalized and formalized. The Commission reviewed the books and provided direction to staff regarding additional changes needed. Discussion ensued regarding the policy that indicates Commission members will not be reimbursed for their expenses within the City limits. It was stated the Charter says the Commission will be reimbursed for their actual and necessary expenses, and that it would be up to each Commissioner whether or not to ask for this reimbursement. Consensus was not to change the policy. The meeting adjourned at 1:46 p.m.