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06/15/1992 CITY COMMISSION WORK SESSION June 15, 1992 The City Commission of the City of Clearwater met Monday, June 15, 1992, at City Hall with the following members present: Rita Garvey Mayor/Commissioner Richard Fitzgerald Vice-Mayor/Commissioner Sue A. Berfield Commissioner (Arrived 9:05 a.m.) Lee Regulski Commissioner Arthur X. Deegan, II Commissioner Also present: Michael Wright City Manager M. A. Galbraith, Jr. City Attorney Cynthia E. Goudeau City Clerk The meeting was called to order at 9:00 a.m. Service Awards Two service pins were presented City employees. Sue Phillips, City Manager’s Office, was presented the June 1992 Employee of the Month award. PRESENTATIONS Florida Gulf Coast Art Center Gil MacArthur, president of the Florida Gulf Coast Art Center (FGCAC), said the Maas Brothers Task Force recommended locating the art center on that 3-acre property. He suggested leaving all options open and recommended the City Commission take the time to make the art center a reality. He indicated the art center wants to relocate to provide better community service and an opportunity for growth. He noted the art center needs to be more visible and accessible. Mr. MacArthur stated the art center would commit to converting its current property to an endowment fund to operate the center. He said if it ever stops operating as an art center, the property would revert to the City. He said the center is just a concept at this point and not a design. The proposal agrees with all criteria established by the Task Force. He said the City will be proud of the building the art center designs. He referred to studies that show for every dollar invested in the arts, four dollars is generated to the rest of the local economy. While the property would remain off the tax roles, he said tax revenues would increase due to the revitalization of downtown. He estimated 250,000 would visit the center annually. Midge Coward reviewed the programs the art center plans to provide. She said the center’s major emphasis would be on education. She indicated guided tours will be free to all groups and noted the center will host special events such as an Easter egg hunt and holiday workshops. She said an outreach program will reach out to the youth, elderly, and visually impaired. A gifted program also will be offered. She said the center participates in annual collaboration with Ruth Eckerd Hall. A $2-million permanent collection is on hand and the center is in the process of determining future acquisitions. In response to questions, Mr. MacArthur indicated a 350 seat dining area had been designed for their site in Belleair. He said a larger area could be included in the Clearwater facility depending on other aspects. A question was raised regarding a community room that needs replacement. Mr. MacArthur indicated the final design of the art center is open to discussion and many options need to be investigated. A question was raised regarding how much of the property would be dedicated to the art center. Mr. MacArthur indicated the proposed structure would almost fit in the of the Maas Brothers building’s current footprint. He said responsibility for green space maintenance needs to be determined. He reiterated many details need to be resolved. AS ADMINISTRATIVE SERVICES First Reading Ord. #5237-92 -extending term of franchise with GTE, Florida by six months to 12/31/92 (AS) The franchise agreement with General Telephone Company expires July 1, 1992, at the end of a six month extension. The franchise agreement permits the GTE Telecommunications company to use the City's rights-of-way for the placement and operation of its system. In return, the City receives a 1% franchise fee based on GTE local service revenues. The City has held three discussions with GTE. Extensive delays continue to be experienced in obtaining all information necessary to these discussions. Negotiations may require another three to six months. It was indicated St. Petersburg and Tampa are in the same position as Clearwater. In response to a question, it was indicated additional information has been requested from GTE regarding what constitutes local revenues. It was questioned if franchise fees apply to all long distance calls. Deputy City Manager Kathy Rice indicated that is one of the questions yet to be determined. She also indicated the City is attempting to include language at this time to deal with future possibilities such as the telephone companies entering the cable business. In response to a question, it was indicated the term of the agreement being considered is five years with increases for additional terms. It was stated the telephone company is requesting a 30 year agreement. It was questioned what the impact would be if the agreement was not extended. Ms. Rice indicated if there is no franchise, there would be no basis for negotiation. Public Hearing - Consider declaring property located at 400 Pierce Blvd., AC Turner's Sub., Blk. 5, N 75' of Lot 1 and all of Lot 2 (Haven House) as surplus to City needs for the purpose of leasing to the Pinellas County Arts Council for the period 06/01/92- 05/31/97 (AS) The Pinellas County Arts Council (PCAC) currently leases this property which consists of a two-story house with a separate garage apartment now used for storage. The property is now leased on a yearly basis for$250 per month. Under the present terms, the City performs all exterior, structural and grounds maintenance. In addition, if the present lease terms are observed, the City would be responsible for brining the structure into compliance with the access requirements under the Americans with Disabilities Act (ADA). These costs could run between $10,000 and $15,000. The PCAC has indicated a willingness to assume the complete maintenance and upkeep of the Haven House property including total responsibility for bringing the structure into ADA compliance if they can have the rent abated and secure a longer lease term. Therefore, the City Commission is requested to consider including the following major provisions: 1) term is for five years renewable for an additional five years for a nominal $1 per year rent; 2) the Arts Council will perform all structural, exterior, interior and grounds maintenance; 3) the Arts Council will take any and all such reasonable and prudent actions to comply with the Americans with Disabilities Act; and 4) pay any and all taxes on the property. In response to a question, Val Mahan, Administrative Support, indicated Article 10 includes a provision that the Arts Council will comply with ADA. Mid-Year Budget Review The mid-year budget is a report based on six months of activity from October 1, 1991 through March 31, 1992. Tina Wilson, Budget Director, reviewed the report. A question was raised regarding the beach cleaning and the impact on the turtle inspections. Ream Wilson, Parks & Recreation Director, indicated State law requires the inspections. He said the beach cleaning follows the inspections. The beach cleaner can only be used up to the high water mark at this time. In response to a question regarding debt service in the utility fund, it was indicated the term, "obligation to purchase" should be liability. In response to a question regarding the Marina sidewalk, Ms. Wilson reported the Marina revenue would pay for this construction. A question was raised regarding where the funds for the Gas revenue bonds were reported. The City Manager indicated that was not part of this document. Those funds are listed in the financial statement. A question was raised regarding funds being removed for the Dunedin Pass dredging. The City Manager reported because no action is being taken and it is unlikely any will be taken soon, the account was being closed. Discussion ensued regarding if this project should be abandoned. It was also questioned if the City could become the lead agency in obtaining the permits. Consensus of the Commission was to leave the project in the budget at this time. Staff was directed to contact the County to find out what can be done to pursue the Dunedin Pass dredging project. A question was raised regarding the special law enforcement trust fund. The City Manager indicated the City has no way of knowing what funds it will be obtaining. It was requested a balance sheet be provided to track these types of funds. Discussion ensued regarding the need for a new finance system to provide this type of information more readily. In response to a question, it was indicated the CDBG funds are accounted for in the Special Program fund. PW PUBLIC WORKS Contract for Bicycle Path Extension to Barry L. Mears Construction, Inc., Clearwater, FL, for $107,000 (PW) This contract provides for the construction of a portion of the City's proposed bicycle path from NE Coachman Park at Old Coachman Road and Alligator Creek to the west end of Cliff Stephens Park adjacent to the east side of US 19N. The bicycle path will be a six-foot wide sidewalk together with three pedestrian bridges to cross sections of Alligator Creek. The path will cross beneath US 19N at the railroad overpass, travel along the north side of the Carpenter Field complex, and has a single road crossing at Old Coachman Road at the existing entry to City's transfer station. The completion of this section will provide a continuous path from Belcher Road at the Long Center to the west end of Cliff Stephens Park. Future extensions of the path will be made to Del Oro Park, thus providing a continuous bicycle path from Belcher Road to Bayshore Drive. In response to a question, Public Works Director Bill Baker indicated the stone base required for asphalt deletes any economy over concrete. Further discussion ensued regarding the six inch depth of the concrete. It was indicated this was standard for driveways and other concrete construction. In response to a question, it was indicated these types of structures have not posed any lawn mowing problems. City Manager ADMINISTRATION Proposed purchase of Sun Bank building Staff has prepared a report regarding the possible purchase of the Sun Bank building located at 601 Cleveland Street. The City Manager questioned if any additional information was needed. It was questioned if a structural analysis had been made. It was indicated that would be reviewed. Concerns were expressed regarding the amount of space being allotted for certain offices with an opinion being expressed that 137,000 square feet was in excess to what was needed. An opinion was also expressed the Mayor's office is often too small and there is a need for larger conference rooms. The meeting recessed from 10:25 to 10:35 a.m. PL&D PLANNING & DEVELOPMENT Discussion regarding policy concerning signs, "metes and bounds," Subdivisions, and Shopping Centers (PLD) Discussion of the Grant Plaza sign variance prompted the Commission to direct staff to provide additional information concerning the metes and bounds subdivision issue and how the issue affects signage, particularly in shopping centers. Since October 1985, City codes have been quite clear on the issue of subdivisions. All subdivisions must go through the administrative lot division process or the platting process. Between October 1982 and October 1985, the Code required the divisions of property into two or more parcels follow the subdivision procedures. Before October 1982, the City code had conflicting language that could be construed as allowing either no or one division of property without a requirement that the subdivision procedures be followed. Current policy regarding property subdivided prior to October 1982, is typically based on chronological deed information. If the property shows metes and bounds property descriptions dividing it into separate parcels, the City asks the applicant to provide evidence the property was divided prior to the October 1982 code changes. If the property was divided prior to the 1982 changes and the property is divided into not more than two parcels, the City accepts the division. If the property was divided prior to the 1982 changes and the property is divided into three or more parcels, the City accepts the first two parcels based on chronological deed information. Concerning the issue of signage for properties having separate metes and bounds parcels, unless a Unity of Title has been recorded after the property division, the separate properties are treated separately for the assignment of property identifications. The City Manager stated the bottom line is if subdivisions are recognized, more pole signs will be allowed. In response to a question specific to the Grant Plaza issue, it was indicated if the subdivisions are accepted, six signs could be erected. The City Manager stated what is done with Grant Plaza will set the tone for how similar situations are handled. He requested the Commission consider carefully if they wish to recognize these subdivisions. (Cont'd from 06/04/92) Public Hearing & First Reading Ord. #5193-92 - re specific floor area standards for certain classes of accessory uses; classify an individual dwelling unit attached to a hotel/motel as an accessory use, amending Sec. 136.008 (PLD) The proposed ordinance establishes a specific percentage of floor area standard for accessory uses and provides a bonus of sorts for hotel/motel uses when those uses have a residential unit attached to the manager's office. The Planning & Zoning Board recommended approval with three changes to improve clarity: 1) refer to accessory use or uses; 2) make the regulation cumulative for multiple uses; and 3) clarify the language to completely exclude the manager's apartment from the 5% requirement so no limitation on floor area for these residential units occurs. The Development Code Adjustment Board recommended approval At the May 7, 1995 City Commission meeting, concerns were raised regarding the proposed resident manager's unit provision. The Commission wanted to ensure the resident manager's unit could be located anywhere within the same hotel/motel building as the primary office for the hotel/motel rather that requiring the unit to be directly attached to the office as suggested by staff. This revised language has been included in the draft ordinance along with other added language regarding rental of the unit and how the unit must be signed to aid in enforcement. Staff continues to recommend the manager's unit be directly attached to the office. A concern was raised regarding how the ordinance would provide a bonus to hotels/motels. Jim Polatty, Planning and Development Director, indicated currently the apartment, while the manager's unit, is counted as part of the density, under the proposed ordinance it would not. Discussion ensued regarding the impact of this ordinance and if small hotels/motels would be allowed to add apartment units. Concerns were expressed that additions would change the appearance of the building and community. It was also questioned regarding recommendations of the Clearwater Beach Task Force. It was indicated the Task Force's recommendations are not addressed by this ordinance. Scott Shuford, Planning Manager, indicated the density obstacle has been removed. He stated if the Commission does not wish to pursue this, the references to the resident manager should be struck from the ordinance. Mr. Polatty indicated the concern of the Task Force was that the small hotels/motels are in economic distress and need incentives for redevelopment. He said there have been some requests for resident managers. The consensus was to allow those requesting this provision to address the issue. (Cont'd from 06/04/92) Public Hearing & First Reading Ords. #5217-92 & #5218-92 - Land Use Plan to Public/Semi-Public and P/SP Zoning for property located at 861 N. Hercules Ave., R.H. Woodley Sub., Blk. 1. Part of Lot 2 (Sun Bank of Tampa Bay LUP92-08, Z92-06) (PLD) The applicant is requesting P/SP zoning and land use to enable the relocation of the True School to this site. The True School is a private school that provides education for grades Kindergarten through 12. The only City zoning classification that permits elementary and secondary schools outside the urban center district is P/SP. Therefore, in order for the True School to relocate to this site, the amendments are being requested. It was pointed out what needs to be considered is if the zoning is appropriate for this site not for this particular use. In response to a question, Mr. Shuford indicated no site plan has been requested at this time. A question was raised regarding oversight by the school system and State law requiring a playground. Jim Polatty, Planning & Development Director, indicated the State standards are for public schools, not private ones. In response to a question, it was indicated the County Land Use Plan is Residential Office. Preliminary Site Plan for Bennett Auto Sales located at US 19N and Seville Boulevard (Bennett/Shand) (PLD) The subject property is zoned Highway Commercial and two separate business entities are proposed under one ownership. The applicant proposes to use Parcel B for used automobile sales and vehicle service and Parcel A for new automobile sales and service. Plans are to construct a two-story, 7,000 square foot building for parts and service and offices on Parcel B and to use the existing two-story building for offices and display on Parcel A. It is also proposed to eliminate one driveway access to US 19N. One pole sign per parcel is proposed and any non-conformities associated with the existing signs must be resolved on or before October 13, 1992. Both parcels exceed parking requirements. Staff will require a cross access agreement to ensure proper internal circulation. Both business entities will be owned by the same parent company but will function in an independent fashion. The applicant has received approval of a temporary occupational license pending action on its application for conditional uses to permit outdoor retail sails, displays and/or storage and vehicle service. The City Manager reiterated the business is currently operating with a temporary license. In response to a question, the Planning & Development Director indicated this was close to the original site plan for this property. Planning Manager Scott Shuford indicated 15 or 16 conditions will be recommended for conditional use approval by the Planning & Zoning Board tomorrow. Proposed ordinance to amend Ch. 134 relating to Signs and Sign Regulations and Sec. 137.005 relating to definitions (PLD) John Richter, Code Administrator, indicated these changes will bring the Clearwater ordinance into alignment with County regulations. Discussion ensued regarding the provision to prohibit off premises signs and if this would be considered regulating the message. The City Manager indicated the off premises' signs would not be allowed. The code would not address the message on the sign. In response to a question, Mr. Polatty indicated as long as no more signs are erected on a site than are allowed, the City will be in compliance with the County code. Further discussion ensued regarding the off-premises signs with a request made for staff to double check regarding the County regulations. Concerns also were expressed regarding hospitals having signs directing traffic to them and that Ruth Eckerd Hall needs a sign on McMullen-Booth Road while it only owns the property under its building. Mr. Richter reported portable signs currently are allowed for grand openings. The new code will prohibit all portable signs. Discussion ensued regarding flag regulations with a concern being expressed that pennants are prohibited and yet they are included in the definition of a flag. It was requested this be resolved. Jim Polatty, Planning & Development Director, indicated staff will be meeting with businesses to review the new code. Regarding signs in downtown, a downtown sign review committee is being formed. In response to a question, Mr. Polatty indicated signs on the beach will be dealt with next year when other beach issues are considered. CA LEGAL DEPARTMENT Res. #92-37 - Authorizing the Fire Chief to petition Pinellas County Construction Licensing Board for building code amendment regarding automatic fire sprinklers. Bob Davidson, Fire Chief, indicated the Pinellas County Construction Licensing Board (PCCLB) did not want to proceed until they had this resolution. Discussion ensued regarding the need for sprinklers with it being indicated many of the smaller communities do not have fire fighting equipment for high rise buildings. Chief Davidson indicated the attempt is to have built in fire protection. In response to a question, the Fire Chief indicated PVC sprinkling is being used. It was also indicated the ordinance will not require retrofitting. Installation of sprinklers will be required when the cost of refurbishing is more than 50% of a building's value. City Manager Verbal Reports Joint CRA/DDB meeting It was reported a joint meeting of the CRA and DDB will be held on July 7, 1992 at 5:30 p.m. Set Special Meeting in July to set trim millage rate The City Manager requested a Special Meeting be scheduled to establish the trim millage. Consensus was to have this meeting on July 7, 1992 at 5:00 p.m. August Meetings It was reported that concerns have arisen regarding the August meetings as they conflict with the Florida League of Cities and the possibility of the Mayor being out of town. It was stated several important issues need to be considered in August. Consensus of the City Commission was to cancel the August 6, 1992 and August 20, 1992 meetings and schedule a substitute meeting on August 13, 1992, with the Work Session on August 10, 1992. This item will be added for Thursday night. Proposed Cruise Ship Regarding the pursuit of a cruise ship to dock at a Clearwater property, the City Manager reported all their needs can be accommodated. The question boils down to how the Commission feels about the location on the bayfront. He said a proposed contract will be brought forward as soon as possible. North Greenwood The City Manager reported as staff has addressed the issue of disturbances in the North Greenwood area, Deputy City Manager Kathy Rice has worked out some alternatives. Mr. Rice reported she put together a team to address what needs are not being met and what could be done in a short time to address these concerns. She stated meaningful work for young people during the summer months is needed. A proposal has been developed to help the business community and the young people. She said she has put together a public/private partnership and the Pinellas Industry Council will handle the program for the City. She recommended there be two aspects to eligibility to the program so 80% of the jobs go to Condon Gardens and North and South Greenwood individuals. The other 20% will go to the remainder of the City. She thought this program could be up and running within the next week to provide jobs for 130 young people at a cost of $150,000. Ms. Rice also reported night basketball has been successful in other areas. There is a proposal to develop such a program. Staff is also looking at keeping the swimming pool open later at a cost of approximately $12,651. She said Ervin's All American Youth Club could also provide facilities if $12,000 for utilities and supplies could be provided. Another proposal is to concentrate on the Police Department's LEAP Program at a cost of $5,000. The total cost will be $179,651. She said this could be accommodated at the mid-year budget review. Ms. Rice reported the Library will be working with cable to set up video programs at the North Greenwood Library. It also was suggested that the Chamber of Commerce be challenged to match the City's efforts. Churches and other buildings will also be contacted to see if they can be opened for youth activities. In response to a question, it was indicated the Commission will need to take official action to implement the program. Discussion ensued regarding if the program should be limited to Clearwater youth. It was indicated Clearwater residents should have first choice. A concern was raised regarding a child's income affecting a family's total income and, thereby, affecting any public assistance they may receive. This will be reviewed. Ms. Rice indicated she will work with the Pinellas Suncoast Transit Authority (PSTA) to address transportation needs. Consensus was to bring this item forward Thursday night. Other Commission Action Mayor Garvey reported Traffic Engineer Peter Yauch is preparing a response to the Harbor Oaks request regarding stop signs in their subdivision. The City Manager reported the Pinellas Technical school is interested in the old trolleys. The City Manager requested deferring this issue for 30 to 40 days and if the cruise ship contract is successful, those funds could be used for additional trolleys. Assistant City Manager Betty Deptula and Kathy Rice will work on this issue. Commissioner Berfield requested staff address the concerns regarding speeding in downtown referred to in a letter from Ms. Brown. The City Manager indicated speed enforcement is working on this. Commissioner Deegan requested staff contact Vision Cable to see if it was possible to scroll the agenda between programs. Adjourn The Commission adjourned at 12:36 p.m.