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02/16/1993 CITY COMMISSION WORK SESSION February 16, 1993 The City Commission of the City of Clearwater met at City Hall Annex, DRC conference room, with the following members present: Rita Garvey Mayor/Commissioner Richard Fitzgerald Vice-Mayor/Commissioner Sue Berfield Commissioner Arthur X. Deegan, II Commissioner Mayme Hodges Commissioner (left at 11:35 a.m.) Also present: Michael J. Wright City Manager Kathy S. Rice Deputy City Manager Elizabeth Deptula Assistant City Manager M.A. Galbraith, Jr. City Attorney Cynthia E. Goudeau City Clerk The meeting was called to order at 9:01am. Service Awards Four City employees were presented srvice awards Alice Eckman, Public Works, received the February Employee of the Month award. WORK SESSION ONLY 1. PACT - Annual Report Elissa Getto, Executive Director, PACT, Inc., introduced Bill Johnson, incoming Chairman, and Les Smart, former Treasurer and Foundation Board member. Ms. Getto reported the budget is balanced with a $43,000 surplus as of September 30, 1992. She credited fanatical attention to detail and fund raising. She detailed financial statistics, particularly noting the City's $500,000 contribution; Ms. Getto forecasted a wonderful 1993-1994 season for the art center's 10th anniversary and thanked the Commission for its continuing support. Messrs. Smart and Johnson also thanked the Commission for its support and budgetary contribution, and credited Ms. Getto as the driving force behind their success. In the ensuing discussion, Ms. Getto reported the House Subcommittee last week voted zero funding for the Arts and asked for Commission support. Commissioner Fitzgerald suggested the matter be taken up at the February 24, 1994, meeting. At the suggestion of Mayor Garvey, Ms. Getto will supply language to include in a letter of support. 2. Tom Miller - Environmental Advisory Committee Tom Miller, Assistant Director, Public Works and Harold Hunt, Environmental Advisory Committee, briefed the Commission on EAC operations for the past year, noting the watershed planning activity. Mr. Miller indicated the plan is complicated, and presented drainage concerns, maintenance activities, funding statistics, indicating Clearwater has some serious water problems such as nutrients, trace metals, sedimentation, and erosion. He noted the Clearwater Comprehensive Plan referenced development of a watershed management plan and the Federal Government has imposed requirements upon the City of Clearwater through the Clean Water Act to improve water quality using NPDES permits. Mr. Miller's presentation covered background and chronology of related events over the past two years. In summation, he indicated the City is moving toward a joint SWFMWD regional plan, which is a true watershed master plan. Replying to Commissioners' questions, Mr. Miller said the plan will take 2-1/2 years to complete; the NPDES application is almost complete; Safety Harbor, Largo, Pinellas County and Belleair have agreed to participate and an interlocal agreement is being drafted, projected for completion in June, 1993. In the ensuing discussion, Ms. Rice said the City will be working with the participants relative to how funding is to be shared. Mr. Miller reported it is projected the plan will be complete in about two years. Commissioner Berfield questioned the 65% figure of the $3.4 million utility fee designated for operations. It was noted interest will be earned. Mr. Hunt said the EAC appreciates the opportunity to upgrade the status of its activity. He explained the EAC handout and the Committee's implementation approaches. He stated the EAC recommends the watershed management program continue. He said there is no current valid regulatory authority in the City and recommended the City consider this issue. He specifically noted Stevenson's Creek, Dunedin Pass, affordable recycled wastewater, and reducing contaminent discharges as major issues. In summation, Mr. Hunt recommended the Commission 1) move forward on the Regional Watershed Plan; 2) pursue Florida grants; and 3) expand provisions for getting rid of waste materials. Mayor Garvey thanked the committee members, Mr. Miller and Mr. Hunt and said she believed the Commission now had clearer focus. Administrative Services Public Hearing - Declare property located at 600 Franklin St., Gould & Ewing's 2nd Addition to Clwr Harbor, Blk 7, part of Lot 1, as surplus for purpose of leasing to the IAFF for the period 3/1/93-2/28/98 (AS) Ms. Rice indicated all City departments, unions and other persons associated with the City were notified of the surplus. IAFF was the only respondee. Revised "Penny for Pinellas" 1% Optional Infrastructure Sales Tax project list (AS) Mr Wright reported recent events prompted the recommendation of several changes. The additional PD&E study done for Drew Street is going to take longer than expected; 1995 is anticipated for Drew Street widening. A couple of major tracts of land were purchased using impact fees. It is recommended the sidewalks on Mandalay project be continued; Missouri has been shifted to coincide with Drew Street and may not have to be done at all; Countryside Community Center funding will be moved; Landmark Drive has been taken out of the Penny for Pinellas project because the proposed school site will not be developed. Mr. Wright gave a status report for each of the new projects: ADA intersection improvements; east-west bike trail; Adult (Community) Center; Mandalay Avenue sidewalks; Coopers Bayou Park; McMullen Tennis Complex; Sand Key City Park; and Bridge Utility Relocation. Mr. Wright noted changes in priorities, and said the Highland Avenue widening has been accelerated. Exhibits were explained and discussed. Commissioner Deegan asked Mr. Wright to determine the exact date of the Alternate 19 State studies. In this regard, Mr. Peter Yauch reported the PD&E study had its inception two years ago and is still on hold, with a February proposed start. Mr. Yauch will keep the Commission informed. 1st Quarter Budget Review (AS) First Reading Ord. #5345-93 - operating First Reading Ord. #5346-93 - capital improvement projects Mayor Garvey questioned why the overtime report was so large. Ms. Rice said it was detailed so the Commissioners would better understand the process. The Commissioners agreed a summation would be adequate in the future. Commissioner Deegan said he wanted an explanation of overtime and the report could be less detailed in the future. Commissioner Fitzgerald agreed. He said he believed the amount of $1.5 million for overtime per year was excessive and ways should be found to do work in a normal day. Ms. Rice offered there are occasions where it is more expedient to use overtime to complete some tasks rather than wait until the next day. She cited sending out notices for occupational license renewal, and indicated most overtime is in the Police Department, although other departments accrue approximately $700,000 in overtime. Ms. Rice said the overtime will be examined for justification. Marine Receive presentation on Marine Dept. CIP's for Marina Building improvements and Marina Sidewalk Replacement with wood and concrete sidewalks (MR)(WSO) Bill Held, Harbormaster, said Fowler & Associates had been hired as part of a capital improvement project to look at improvements to the Marina building. He said the crow's nest would be designed with an additional roof, exterior siding, Clearwater Marina lettering added, and each floor carry roofing together with some exterior siding. This would allow uniform signage on the building. Costs can be controlled by having some work done in-house, but the project may take longer. Addressing costs, Mr. Held said $17,000 was saved on roof repair and about $13,000 will be needed to complete the project. The Commissioners indicated approval and agreed this was in keeping with the suggestions of the Beach Task Force. Replying to a question from Commissioner Deegan, Mr. Held said the signs will be fabric, backlighted with neon inside the frame and will meet sign code. He indicated all tenants were contacted. He said the roof material will be blue galvanized aluminum against gray siding. Mayor Garvey and the Commissioners agreed the effect was attractive. Mr. Held next explained the Marina sidewalks were uneven and needed replacement. From Coronado Drive sidewalks will be concrete with 2" red brick paver and will be tied into a Public Works project. He proposed wooden sidewalks to be constructed by City employees by section for the remaining areas which require frequent repairs. East end to Old Bridge will have concrete sidewalks. Original CDM estimate was $250,000; $33,000 has been paid, which includes inspection of the seawall. Concern was expressed this work not be done during Spring Break, February 27 through April 15, 1993. Police Purchase of 14 EDACS Rangr Mobile Radios for newly purchased patrol cars from Ericsson GE Mobile Communications, Inc., Lynchburg, VA, for $37,744 (PD) This purchase includes fourteen EDACS Ranger Mobile Radios to be installed in fourteen additional police vehicles approved for purchase at the October 15, 1992 Commission Meeting. The total cost is $37,744.00. Funds are available in Capital Improvement project 315-1118, Police Pursuit Vehicles. Commissioner Berfield asked whether the original agenda item to purchase the cars included funding for this radio equipment. Captain Egger said funds for equipment was included in transfer. Commissioner Berfield said an item should clearly indicate total cost of package. Replying to a question from Commissioner Fitzgerald, Captain Egger said radios could be transferred from other cars. Parks and Recreation Agreements with The Golden Cougar Band Boosters, Inc. and The Clearwater High School Band Boosters, Inc. for parking of automobiles at this year's spring training season of the Philadelphia Phillies (PR) A question was raised regarding Clearwater Neighborhood Housing Services being allowed to participate. Ms. Rice explained parking at Jack Russell Stadium is the Band Boosters primary fund raising event. As in past years, the Band Boosters will collect parking fees at 14 Phillies spring training games, after taxes will retain 60% of the remaining dollars and remit 40% to the City. Public Works Consider material re: policies & principles of r-o-w management, resolve any existing conflicts and provide direction as to future disposition of r-o-w matters (PW) There are three categories of monument treatments occurring in rights-of-way. Category A are large masonry structures which are no longer allowed to be constructed. Category B are usually placed in center medians such as those at Morningside and Island Estates. Category C are very small signs allowed through the Parks and Recreation Adopt-A-Park Program. Mr. Baker distributed photographs and explained the three kinds of right-of-way usage. He said the 1982 policy requiring a maintenance agreement and liability insurance be provided is not being invoked. Mr. Baker noted existing type A monuments and said they were dangerous. Commissioner Fitzgerald said the purpose of this was liability and said the City should not be exposed to unnecessary risk. The subject of liability was discussed. Mayor Garvey said the type A monuments could either be taken down, or insurance provided and Mr. Baker suggested any type B, subdivision entrance signs which are grandfathered will be tolerated. It was noted that the Cypress Bend sign is illegal and it will be taken down. The need for specifications for type C, a small identification sign, was briefly discussed. Mayor Garvey said the policy should not be changed. Commissioner Deegan did not like the language of type C, and said a sign should be large enough to read. Mr. Baker said he will bring the policy back with more detail and the item was taken off the agenda and returned to staff. Contract for Structural Demolition to Caladesi Construction, Largo, FL (PW) This contract is for structural demolition (Kravas Building and East End Buildings) for the sum of $27,090.00, the lowest bid received in accordance with plans and specifications. The available balances in Community Redevelopment Agency and Land Acquisition-Phase II Codes are sufficient to provide funds needed. Mr. Baker presented site plans and explained two options available for project completion. The first offered 79 parking spaces and does not trigger more restrictive codes; the second takes the building down, provides a driveway and more green space. Mayor Garvey said the plans lacked handicapped parking spaces which are larger in size and will cut down the total number of spaces. Commissioner Fitzgerald preferred the first alternative because parking was more visible. Mayor Garvey said this matter will be added to the CRA agenda so that the decision will be made by the CRA. At this point, Ms. Rice distributed copies of the City Hall space analysis. In reply to a question from Commissioner Deegan, staff will check whether the contract covered demolition of all comparable buildings in the East End area. Discussion ensued as to whether any of the buildings could be used for low income housing. Commissioner Deegan asked for a determination by Thursday as to whether the buildings could be used for some purpose before being town down. Planning & Development Alcoholic Beverage Separation Distance Variance for property (F&S Food Services, Inc. d/b/a Houstons Steakhouse, Inc.) located at 1250 S. Missouri Ave., Sunshine Mall, Sec. 15-29-15, M&B 34.01 and Sec. 22-29-15, M&B 21.01, 21.02 & 21.12 (Taylor/Fusco Corp. AB93-04)(PLD) The request will be referred for public hearing. In a brief discussion, to clarify, Ms. Rice explained conditional use goes with the business; Ms. Goudeau said this will be addressed with the comprehensive review of the alcoholic beverage code, adding conditional use is personal to the business and the variance is associated with the land. Ms. Rice explained a conditional use to have alcohol would require a public hearing if the business changed ownership. Amend the FY 1991-92 CDBG Final Statement to reflect funds expended for HUD defined activities (PLD) Mr. Polatty explained, due to the grantee performance report, certain items need to be reclassified in the final statement of funds expended to HUD, and the subject item reinforces the final statement. Receive public comment re: CDBG Grantee Performance Report for 1991-92 Mr. Polatty explained the annual report submitted to HUD for the City's expenditures of Community Development Block Grand funds to HUD and CDBG activities. All CDBG recipients are required to hold a public hearing to receive public comment on the Grantee Performance Report. Mr. Polatty and Ms. Greiner briefed Ms. Rice and the Commissioners on the status of owners Elliott and Watson. It was indicated that CDGB funds for Ms. Watson were approved at a 4:00am Commission meeting. At the public hearing for the Final Report communications from the public will be made part of the report to HUD. Mr. Polatty noted the GPR, prepared by the City Finance Department, is submitted before the City audit is done, so Final Report numbers are unaudited. Commissioner Deegan asked to see the updated Final Report before it is sent to HUD. Mr. Polatty agreed, saying auditors are working now and changes may be available for review before Thursday's meeting. Commissioner Hodges left the meeting at 11:35am. Ms. Rice indicated a new computer program will expedite audits of future final reports so that there is not a year-end "crunch". Mr. Polatty said staff is working with Florida Planning Group, meeting today and Wednesday, and the entire policy should be completed for Commission review on March 12th. Ms. Rice said the CDM report is available. City Clerk Municipal Code Enforcement Board - 1 appointment (CLK) An application from Mr. Richard Kinseher was received. The membership and appointments were briefly discussed. Mayor Garvey asked that the form word 'businessman' be changed to 'businessperson'. Agreement with Municipal Code Corporation re: Sale & Distribution of Code (CLK) Ms. Goudeau offered justification for the contract agreement with Municipal Code Corporation for the sale and distribution of the Code, explaining the past process was cumbersome and labor-intensive, noting in particular the distribution of supplements. With the proposed process, present subscribers of Code and Land Development Code books will automatically receive the supplement as soon as it is available from the code company, saving the Clerk's Department considerable time and storage space, and eliminating complicated procedures. Commissioner Deegan said his table of contents is old, and asked if a new one were issued. Ms. Goudeau will check this and asked to be notified if any other ommissions are discovered. Legal Department Second Reading Ordinances Ord. #5324-93 - Establishing City's Reclaimed Water System Mr. Wright explained this motion addressed the Commission's desire to move golf courses and open space recreational areas out of the category of uses for which meters will be required into a category such as residential. He indicated this may happen in the future, but not now. Commissioner Deegan asked if this pertained only to those golf courses and open space where they are going to have reclaimed water. Mr. Wright replied this applies only to reclaimed water. First Reading Ordinances Ord. #5347-93 - Relating to the Clearwater Downtown Development Board; amending Secs. 22.147 and 22.148 Ms. Goudeau's memorandum to the Mayor and Commissioners dated Februry 11, 1993 presented the amendment which is proposed for discussion separately from the proposed ordinance. This amendment addresses a concern that a small piece of property with multiple owners would have more votes than a large piece owned by one individual or corporation. Answering a question from Commissioner Deegan, Ms. Goudeau said the proposals were discussed with the Downtown Development Board two months ago and they voted to recommend the subject changes to the Commission. Ms. Goudeau will discuss any concerns of the Commission with the DDB at their next meeting. Commissioner Deegan requested Ms. Goudeau specifically ask the DDB if they believed the freeholders would agree to the vacancy replacement process, rather than having an election. Commissioner Deegan objected to item 4, saying cancellation of the meeting should not be in the hands of the Chair only. Ms. Goudeau explained this provision was included because past code requirements mandated a meeting be held, even if there were absolutely nothing on the agenda. At his request, Ms. Goudeau said she will relay Commissioner Deegan's objection to the DDB. Commissioner Deegan also expressed concern for not requiring two nominees per vacancy; Ms. Goudeau cited difficulties finding viable candidates in the past. There was no objection to proceeding with first reading at Thursday's meeting. City Manager Verbal Reports Bid for Lot Mowing Mr. Wright explained the city gives contracts for lot mowing, and pays for small lot mowing by the square foot. It was recently brought to his attention 20 acres was mowed at a cost of $7,000 which was, in his opinion, unconscionable. Mr. Wright will investigate this matter and return to the Commission with his findings. Commission Discussion Items Parking meters Beach Library Ms. Deptula said concern has been expressed about absence of free parking, indicating Traffic Engineering and Finance has been consulted. She said it is possible to do 30 minutes of free parking at the Main Library and consultant review may be necessary. She envisioned enforcement and funding problems with 30-minute meters. Ms. Rice indicated the absence of free parking is a major irritant to some citizens. Ms. Deptula mentioned the inavailability of free parking at City Hall, Downtown parking is not as costly as the Beach, and there is free parking at all locations on Saturday. The Commissioners agreed there be no change at the Main Library and the three meters at the Beach Library be the same as Downtown. Bay Aristocrat Village Mobile Home Park request re: Air Pistol shooting club A letter dated January 29, 1993 from Bay Aristocrat Air Pistol Shooting Club requested the Commission grant a variance to the prohibition of the discharge of an air pistol within City limits, specifically, at their own private premise. Mayor Garvey reported she talked with the president of Bay Aristocrat Association who indicated the Board did not unanimously endorse this request. She reported the room in question is 44 ft. long and the pistol range would be 35 ft. long. In reply to Commissioner Deegan's question, Ms. Rice said there is no variance and Mr. Galbraith agreed the ordinance would have to be changed. Commissioner Fitzgerald cited the shooting range at Shooters Shack and gun repair shops, adding such activity must be covered by ordinance. Ms. Rice read Sec. 21.06 of the new Code and it was agreed staff will research further. Mary Dresser request to address Commission In her letter dated January 27, 1993, Ms. Dresser specifically requested to adgendaed to discuss and place a petition in the library regarding removal of parking meters at the Main Library. The Commissioners agreed to allow Ms. Dresser three minutes to speak in this regard. Replying to a question of Ms. Goudeau, Mayor Garvey indicated Ms. Dresser will speak under Citizens to be Heard. Public Input re: Dunedin Pass It was the consensus that this item be addressed immediately after Public Hearings. Other Commission Action Ms. Berfield distributed a letter to the Commissioners from a citizen whom she did not name regarding Jazz Holdiay. It was agreed Ms. Berfield would reply, with a copy to Barbara Werner, Jazz Holiday committee. The meeting adjourned at 11:57am, and reconvened at 12:02pm. Other Commission Action Commissioner Fitzgerald reported a bill addressing building liability and sovereignty currently is being considered in Tallahassee. He indicated thatowners of homes not built according to code could sue a municipality for failure to inspect construction. This legislation was initiated as a result of Hurricane Andrew. Commissioner Fitzgerald said he anticipated major problems owing to difficulties in inspecting all phases of construction. He suggested communicating Commission opposition to the House Insurance Committee during the Commissioners' February 24th Tallahassee visit. It was consensus to oppose this bill. Mr. Galbraith suggested other matters for discussion in Tallahassee, i.e. a bill to allow ex parte contact with City Commission; a bill to establish exemption from the Sunshine Law for attorney/client discussion regarding pending litigation; and a bill to eliminate dual referendum elections. It was agreed that individual letters for each issue, signed by all, be hand delivered to the City's delegation. Ms. Rice asked for direction as to whether the Commission wanted to schedule a special meeting to discuss space needs. She reported that useable space is 230 sq. ft. per person or 95,000 sq. ft. and indicated a delay of two weeks will jeopardize the time schedule. It was decided to hold the meeting on February 23, l994 after te sign variance meeting scheduled for that day. Ms. Rice said the space needs presentation will not include Community Room needs or credit union space. The meeting adjourned at 12:10pm.