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05/03/1993 CITY COMMISSION WORK SESSION MAY 3, 1993 The City Commission of the City of Clearwater met at City Hall with the following members present: Rita Garvey Mayor/Commissioner Richard Fitzgerald Vice-Mayor/Commissioner Fred A. Thomas Commissioner Sue Berfield Commissioner Arthur X. Deegan, II Commissioner Also present were: Michael J. 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. Presentation - Jim Smith, Pinellas County Property Appraiser Mr. Smith indicated the Property Appraiser can provide for the City maps of enclaves, values, color coded maps of values for the last year, color coded maps of taxes, plus or minus, and a map of City-owned property. He stated it looks as if Clearwater is up 0.3 percent in value this year and values are stabilizing. He stated these numbers are preliminary and they are trying to get data as early as possible for budget processes. A question was raised regarding the status of the Scientology property. Mr. Smith indicated this is an ongoing suit that began prior to him becoming the Property Appraiser. He stated it was thought an agreement had been reached, however, conditions changed and he was not comfortable with the situation. He stated it is going to court for a judge to decide. A fourth judge is now involved and there will probably be a fifth. He stated the issue is $7 million in taxes, penalties and interest. Commissioner Thomas stated he is working with the Property Appraiser to develop the finite maps of City-owned property. The meeting recessed from 9:21 to 11:21 a.m. Discussion re: Televising/taping City Commission meetings - Vision Cable Discussion ensued with Brian Aungst, of Vision Cable, regarding the possibility of televising the work sessions live. Mr. Aungst had concerns due to the layout of the room and scheduling conflicts. There was some concern it was important for work sessions to be televised live, or at least aired prior to the Thursday night Commission meeting. Mr. Aungst indicated Wednesday mornings between 9:00 and 9:30 a.m. was the only consistent time available. Mr. Aungst also expressed concerns regarding Vision Cable's ability to staff this programming. There were also concerns regarding the cost of providing this service. Commissioner Thomas suggested there was a need to audit Vision Cable's compliance with the franchise agreement. Mr. Aungst stated Vision Cable is very busy and additional hours of broadcasting will put stress on Vision Cable's staff. He also emphasized Vision Cable does exactly for Clearwater what it does for other franchisees. Commissioner Thomas stated the issue was making government more accessible to the public. He complained, at City Commission meetings, camera production is poor and wrong names were shown for individuals. Further discussion ensued regarding the ability of Vision Cable to cover all Commission meetings, including special meetings which are outside the normal schedule. Mr. Aungst indicated, even if they had six months notice, there may be times when they are unable to air a special meeting due to other obligations. He stated Vision Cable will make every effort to cover all meetings. Discussion ensued regarding Vision Cable installing equipment once a final decision is made about a new City Hall. This will allow remote operation of the equipment, which can be handled by one person. Further discussion ensued regarding the services to be provided. It was indicated further discussion would be agendaed for Thursday night's meeting. It was requested a copy of Vision Cable's financial statement be sent to the City Commission. Discussion then ensued regarding the possibility of airing programs during breaks in City Commission meetings or the possibility of selling it as commercial advertising space. It was agreed all these issues would be looked at during the budget process. Legislative Report- Jim Massie Mr. Massie reported, except for one bill, this was a good legislative session. He stated the one bill is the Solid Waste Management Act, flow control section, which damages the City's ability to control outsiders taking quality recyclables. He stated the City will have to compete with these outsiders and will probably lose revenue. Mr. Massie stated the good news is the Attorney-Client Privilege Bill. It has not been signed yet, but if it is, it will allow the attorney to discuss pending litigation and settlement negotiation outside of the sunshine. A court reporter will be needed for a transcript. He also reported occupational license tax reform will be allowed and the Commission will need to appoint an Equity Commission made up of business people. In response to a question, it was indicated this will allow changes to, and additional categories. Mr. Massie further reported there is positive movement regarding annexations. He stated the bill would allow the City to annex enclaves of ten acres or less, if they have an interlocal agreement with the County. In response to a question, the City Manager indicated most of the City's enclaves are greater than ten acres, but this will allow some cleanup of the boundaries. Mr. Massie also reported the ELMS Bill also allows the City to institute a five-cent optional gas tax. He reported further, Developments of Regional Impact (DRI) will be phased out by 1997. Regional counsels will be continued, but their authority will be limited. The Transportation Bill provides for land conveyed to a government for a specific purpose, but not used within ten years, to be deeded back to the grantor upon request. For driving under the influence, the threshold has been reduced to 0.08. He stated there was no change in the funding for Clearwater Pass Bridge or the Drew Street schedule. Bills that did not pass included the HIV/AIDS Presumption, bill board legislation, code enforcement due to Hurricane Andrew and the prohibition of local business preference. Mr. Massie further reported the Governor said he will have a special session to lower costs regarding Workers Compensation, as well as a special session regarding prisons. Public Hearing & First Reading Ord. #5367-93 - Vacating 30' wide portion of Allen Avenue, lying S of Blk 1, Acker's Subdivision, between S.R.580 and Daniel St. (V92-15)(PW-1) The Florida Department of Transportation (FDOT) is proposing to open bids for the widening of State Road 580. They are proposing to close Allen Avenue between State Road 580 and Daniel Street in order to construct a retention pond in the abandoned right-of-way as well as on the adjoining subdivision lots north of Allen Avenue, and the 30-foot wide tract adjoining Allen Avenue to the south. In order to facilitate this project, the FDOT is requesting the City vacate the platted portion of Allen Avenue and quit claim the adjoining 30 foot parcel of land to FDOT. FDOT will be having a community meeting to address any questions from the neighborhood. The City Manager showed an aerial of the area. He stated people accustomed to using Allen Avenue will complain, but it is felt it is in the best interest of the City to approve. Purchase of real property appraisal services for right-of-way required for construction of new Clearwater Pass Bridge with approval of purchase requisition for such services for $10,500 (The Centerline Group, Inc.)(PW-3) The City Manager stated the work has already been done and they are requesting Commission approval for the payment. Concerns were expressed regarding what deadline was imposed and how this was done prior to Commission approval. It was indicated the property needed to be cleared by the end of August. The City Manager apologized for the way this was handled. City-wide Recycling Program - (PW-5) The Solid Waste Management Act requires each county in Florida to reduce the amount of solid waste disposed in landfills or incinerators by 30 percent before January 1994. Since that time, the City has initiated recycling drop-off centers, limited curbside collection and other recycling efforts. It has not yet established the full service City-wide curbside collection program which constitutes the most significant and highest effort toward recycling. A pilot project has been conducted regarding curbside recycling. The result clearly indicates a City-wide recycling program can be established involving a once weekly curbside pickup of recyclables, a once weekly pickup of yard waste and twice weekly pickup of garbage and trash. This can be done for a monthly fee of $2.00 to $2.50 for recycling and a $16.60 monthly fee for garbage and trash. The $16.60 fee is down from its existing $17.05 value due to dump fee savings resulting from recycling. The City now wants to examine the concept of recycling by private companies. Until a Request for Proposal clearly specifying all that is required of a private hauler is distributed and returned, we will have no meaningful figure as to the cost of employing that method. It is proposed the City solicit a per household monthly fee for the once weekly curbside recycling pickup as well as charges or payments for full service, multi-family and commercial recycling. The City Manager indicated this issue has been debated a great deal in house. The Sanitation Division believes they can do the job competitively. He has recommended this be bid out. He stated the City Commission will also need to decide regarding capital expenditures A question was raised regarding a discrepancy that had $16.60 on the cover of the agenda item and $16.07 monthly in the report. This will be verified. Discussion ensued regarding the benefits of recycling. It was indicated the greatest gain is the cost avoidance of dump fees. The City Manager emphasized he wants to bid the service out. It the City can bid and stand up against the private companies, they will be awarded the bid. He stated there is a dependability factor with City employees. It was stated, if a private company is awarded the bid, there will be some capital expenditures the City will not need to make. A question was raised regarding the last report and the average household cost. This information will be provided to the Commission. Direction re: Leases of City-owned property (CM-1) The City Manager indicated direction is needed from the Commission, as there has been difficulty with the current provisions that property cannot be disposed of unless it is declared surplus. The question is, is leasing property considered disposal? A question was raised regarding why the interpretation was that leasing is disposal of the property. The City Attorney indicated this goes back to wording prior to the amendment that produced the current wording. Commissioner Deegan expressed his opinion that lease is not disposal of the property. Discussion ensued regarding the need for leases longer than 15 years, if capital investments are being made by the lessees. It was suggested the minutes of the Charter Review Committee be reviewed to see what their intent was regarding this language. Of particular concern at this time is the lease at Pier 60, as the pier will be rebuilt soon. A question was raised regarding whether the lease of the concession area could go on a month to month basis. The City Attorney indicated he did not see a problem with month to month unless the lease prevented a holdover. The City Manager indicated a second issue is, when the lease has expired, whether the lease has to be bid rather than renewed with the existing lessee. Of particular concern in this issue is the Head Start lease, whose lease is expiring and Head Start wishes to stay in the facility. It was suggested the bid be worded in such a way that it would focus on Head Start. The City Manager indicated a Request for Proposal (RFP) would be prepared. Commissioner Thomas questioned if there was an audit of Palm Pavilion's performance. It was indicated there was an annual audit and a copy would be sent to Commissioner Thomas. State Road 60 Designation Relocation (CM-2) The Commission has directed that staff look at taking the State Road 60 designation off Cleveland Street in order to allow on-street parking. Discussion ensued regarding the options of how to put parking on Cleveland Street if the State removes the State Road 60 designation. There were concerns parallel parking would not be attractive to people and regarding the capacity of the road. Suggestions were made that no left turns be allowed for the four or five blocks in the core of Downtown and the planted medians be removed to allow additional road width. Further discussion ensued regarding how to redesign the road should on-street parking be allowed. The City Manager recommended two steps. First, asking the State to give Cleveland Street back to the City and then doing major design work once DOT responds. He stated the design could be done in a short period of time. General consensus was to agree with this approach. The meeting recessed from 1:37 to 1:45 p.m. Staff presentation regarding Alcoholic Beverage Regulations (PLD-13) The Commission requested staff to address needed changes in the City alcoholic beverage regulations in a comprehensive fashion. Staff has completed its initial analysis of the current regulations and finds, while the regulations are intended to provide control over the location and impacts of alcoholic beverage establishments, there are ways in which they can be improved. In order to improve the effectiveness of these regulations and reduce processing requirements for benign alcoholic beverage uses, staff proposes several changes to accomplish the following objectives: 1) amend procedural requirements to allow processing of certain alcoholic beverage uses without Commission action; 2) consolidate procedural requirements to allow one board to consider all aspect of a particular alcoholic beverage use; 3) eliminate unintended incentives for alcoholic beverage uses to locate in retail complexes or shopping centers; 4) establish improved specific conditional use permit review standards; 5) tighten parking and variance requirements for uses requiring conditional use approval; and 6) eliminate requirements for new change of ownership. Under the proposal, establishments that will not require Commission action are: 1) large restaurants that serve alcoholic beverages, have 150 seats and 51 percent or more of food and non-alcoholic beverage sales; 2) consumption on premises establishments located in shopping centers; 3) no conditional use approval required for change of ownership; 4) package sales establishments located in individual retail stores containing a minimum of 25,000 square feet of gross floor area; and 5) in Resort Commercial 24 or Resort Commercial 28 zoning districts, consumption on premises uses be located only within a hotel/motel in conjunction with a 4COP-S State alcoholic beverage license designation. Establishments that would require Commission action are: 1) consumption on premises establishments with stand alone parking other than large restaurants; 2) consumption on premises establishments located in retail complexes; and 3) all package sales establishments not located in individual retail stores containing a minimum of 25,000 square feet of gross floor area. Proposed Conditional use standards are: 1) the use complies with all the general standards for conditional use approval; 2) the use is not located within 300 feet of a conforming church, school or park use, residential zone or summer alcoholic beverage use, or located within 300 feet of a conforming church, school or park use, residential zone or summer alcoholic beverage use that is separated from these uses by a right-of-way of 100 feet or more in width, or located within 300 feet of a conforming church, school or park use, residential zone or summer alcoholic beverage use but the applicant demonstrates the potential negative effects of the use are mitigated by structure design, hours of operation and site design; 3) all occupational license approval standards including the Police Department background check of the applicant shall be met; and 4) there shall be no variances allowed for the use. Finally, the proposal has limitations on floor area for alcoholic beverage uses in retail complexes or shopping centers. For a retail complex, the proposal is for a maximum of 10 percent of total gross floor area and in shopping centers, a maximum of 25 percent of total gross floor area. Scott Shuford reviewed the proposed changes. A question was raised regarding the State's quota license and how they are determined will be reviewed. Discussion ensued regarding the proposal not to have change of ownership come in for approval. The City Manager indicated the thing was, if the site is appropriate, the ownership would not matter and there are tools to deal with problem establishments. Discussion ensued regarding the permitted uses in shopping centers. A concern was expressed that every shopping center would become an alcoholic beverage establishment. The City Manager pointed out there are other limiting factors proposed that would prevent this from happening. In response to a question regarding the rationale of allowing 25 percent in shopping centers and only 10 percent in retail centers, it was indicated the philosophy was to push the establishments to the larger centers and away from the residential areas. It was indicated staff would come back with some examples of how this proposal would affect shopping centers. A question was raised regarding if these are heard by one board, if any thought had been given to the appellate process that could remain within the City structure. The City Manager suggested the Commission could be the appellate board. Discussion ensued regarding the conditional use standard. It was indicated the proposals were very stringent. It was indicated the provisions would not stop something that already exists. The Mayor left the meeting at 2:31 p.m. Further discussion ensued regarding how the 25 percent would apply to shopping centers and how the parking incentives would be applied, particularly to businesses that share parking. Further discussion ensued regarding permitting restaurants and not package sales establishments. An opinion was expressed there should be more "grace" to restaurants. It was indicated the proposed regulations would make it more difficult for small neighborhood bars and for small stand alone establishments. Mr. Shuford indicated the proposal tries to locate these types of establishments where they will cause the lease problems. It was suggested each Commissioner provide their comments. Commissioner Thomas stated his concern was expanding versus contracting the use of alcoholic beverages. He stated the availability should be reduced. He stated the current proposal makes it harder on the small business person. Commissioner Berfield stated she had a problem with no review at change of ownership. She questioned if the proposal was for 300 feet for all. It was indicated it would be. Commissioner Fitzgerald had concerns regarding the appellate issue. Commissioner Deegan stated he preferred the City Commission not handle the request, but it go to the Development Code Adjustment Board (DCAB) or the Planning and Zoning Board (P&Z) with the City Commission as the appeal board. He agreed with the 300 feet from churches, schools, etc., and that it be inviolate. Discussion ensued regarding how to measure the 300 feet. Commissioner Thomas stated he did not want "gin mills." A question was raised regarding who approved conditional uses at this time. It was indicated the Planning and Zoning Board had that responsibility. It was suggested they be the one board to review these issues. Mr. Shuford reviewed the issues, stating he heard direction the Commission wants to see fewer alcoholic beverage establishments, fairness for the small, versus large businesses, a review of the percentage of floor areas to be provided, what board is to hear the cases and appeal process, and how to measure the separation distance. Variance to Sign Regulations for property located at 648, 652, 654 and 656 South Gulfview Blvd, (Capeluto Family Partnership, Capeluto Family Shopping Center) (SV 93-09)(PLD-9) The applicant is requesting a variance to permit the construction of a new freestanding sign on a property in the Beach Commercial (CB) zoning district. Freestanding signs are permitted in this district only when all principal building setbacks are 15 feet or greater. The building on this property is set back 10 feet. Staff is recommending denial, as they do not see a need for the sign. Commissioner Thomas expressed an opinion the sign is the single most important thing to walk-in business. Mr. Shuford indicated, due to the building being only 10 feet from the road, and attached signage being allowed, staff does not recommend in favor of this variance. Commissioner Berfield questioned the status of Morton Plant Hospital programs. Mr. Shuford indicated this would be brought forward the first meeting in June. Commissioner Thomas requested people beyond the 200 foot requirement are notified of the hearing. The meeting recessed from 3:27 to 3:35 p.m. Verbal Reports 1. Property Maps The City Clerk explained the progress staff has made regarding providing maps showing all City-owned property. Direction was for her and Engineering to work with the Property Appraiser to develop a map. 2. ADA Compliance at City Hall Discussion ensued regarding providing a handicapped ramp to the front of the building and that the door automatically open. There was also a need to place handicapped parking with staff proposing to place it next to Pierce Street where they would cross to access the ramp. Elizabeth Deptula, Assistant City Manager indicated all options have been reviewed. The City Manager indicated he has also asked we look at the fire code question. That, and an ADA report will be forthcoming to the Commission soon. He indicated Thursday night, the Commission will be asked to authorize expenditures to provide these improvements. Commission Discussion Items 1. (Cont. from 4/12) City Property Maintenance Concerns had been expressed by the Commission that City buildings were being allowed to deteriorate. Discussion ensued regarding buildings for which decisions are pending, such as the Annex, Maas Brothers building, etc. It was indicated the City does maintain its property, however, when it is thought the buildings will be demolished, little money is spent in keeping them in good condition. Further discussion ensued regarding what type of maintenance program should be followed. It was indicated the buildings are to be kept secure and dry. Bill Baird, General Services Director, indicated he would do his best to follow this direction. 2. (Cont. from 4/12) Duplication of Services Commissioner Thomas has requested the City look at the departments to see what services are duplicated by the County and if it would be less expensive to contract these services from the County. Discussion ensued regarding with what department to begin. The Building and Police Departments were suggested. It was stated they felt the Sheriff would be more expensive. It was the consensus to study the Building Department and come back with pros and cons of building service consolidation. 3. (Cont. from 4/12) Enterprise Zones Commissioner Thomas suggested a department or individual be assigned the task of gathering data from State, Federal and County agencies to establish an enterprise zone in the North Greenwood and North Fort Harrison corridor. The City Manager reported the existing enterprise zone does extend into those areas somewhat. Concern was expressed that nothing is happening. Commissioner Thomas questioned if the City could create its own benefits for the enterprise zone. He stated he wanted one person responsible to the City Manager whose job it is to assure economic development in those areas. The City Manager cited an example of a French company that was trying to locate in the area, but could not be accommodated landwise. He stated the individual suggested by Commissioner Thomas will wind up in competition with the CRA director. Commissioner Deegan stated information is needed on what has been tried and what is going on. He stated it was time to start getting routing reports. Commissioner Berfield questioned what companies have shown interest. Commissioner Thomas stated he wanted to know what has been done up until today and what will be done in the future. The City Manager expressed some concerns, stating they have been through some exercises in trying to attract businesses to the area. Commissioner Thomas expressed concern there was no transportation system to get people to jobs in the area. He felt it was the City's responsibility to take the lead in establishing jobs in the Greenwood area. Consensus was that information be provided regarding what the plans are for development of businesses within the enterprise zone. Information will be forwarded to the Commission. 4. (Cont. from 4/12) City Employee Awards Banquet Commissioner Thomas requested Human Resources do a study to see how employees would prefer to receive their awards; as it is with the employees appearing before the Commission, or at a once a year banquet. He felt more things needed to be done to recognize employees. Consensus was to have a survey done. Items 5 through 8 were continued. 9. City Attorney Audit Consensus was to wait on this discussion until a response has been received by the Mayor. 10. New Business Regulations Commissioner Thomas suggested the development of a new board to focus on new business. He wanted a business friendly environment to be established. The main purpose of the Board would be to be more aggressive in getting new businesses into the area and making it easier to get new businesses off the ground. Discussion ensued regarding how to get information on what would be attractive to businesses opening up in the area. A suggestion was made that the Chamber be asked to function as this board. Commissioner Thomas did not want to depend on the Chamber. Consensus was for the City Manager to send a letter to the Chamber asking them to come back with a list of suggestions on how to help Clearwater develop new businesses. 11. Jay Elliott request to be agendaed Consensus of the Commission was for the City Clerk to write Mr. Elliott and indicate he will be placed on the agenda after the HUD report is received. 12. (Cont. from 4/12) Harbor Oaks - Four Way STOP Signs for Druid Road Harbor Oaks Association had requested closing Druid Road and Bay Avenue. Instead, the Commission requested a review of four way stop signs along Druid Road. Peter Yauch, Traffic Engineer, expressed concerns these types of stop signs tend to be disregarded if traffic volumes are not high enough to warrant them. He stated, if the signs are to be installed, he would recommend them at the intersections of Druid Road and Jeffords Street, and Druid Road and Bay Avenue, the only two locations where the traffic is significant. Consensus of the Commission was to go with the two recommended locations. 13. Charter Amendment re: Residency Requirement for Advisory Boards At Commissioner Thomas' direction, the City Attorney drafted an amendment that would eliminate the residency requirement on advisory boards if the Commission is unable to come up with a person with a specific technical expertise within the City limits. This will be on the agenda Thursday night. 14. Parking Meters at City Hall Complaints have been received regarding people getting tickets while attending meetings in City Hall. The suggestion has been made that the meters not be enforced while meetings are in session. Consensus of the Commission was not to have the meters enforced during City Commission and CRA meetings. 15. Block Grant Funds - Youth Builders/Ervin Harris Youth Club These two organizations have requested additional funding. It was the consensus to put Ervin Harris' request for $40,000 on the agenda Thursday evening. 16. Tree Ordinance It was stated this would be scheduled for the next agenda. 17. Sehlhorst Property Mr. Sehlhorst has asked to address the Commission regarding his treatment regarding his property. Consensus was to agenda this for the meeting of May 20. Other Commission Action Commissioner Thomas expressed concern regarding travel of the City Commission outside the City and who approves said travel. He felt there needed to be an up to date policy regarding reimbursement. Commissioner Fitzgerald stated there was also a question regarding attending Tampa Bay Regional Planning Commission in St. Petersburg or Tampa. He stated he has been entitled to submit for mileage. Commissioner Thomas felt this should be part of the policy. Commissioner Berfield pointed out she just went to Ohio to look at two redevelopment areas. Commissioner Thomas again stated there needed to be a procedure established. Commissioner Deegan suggested Commissioner Thomas draft a recommended policy. The City Manager indicated they will be sending out a tracking list and if the Commission notices something has been forgotten, to please let him know. Commissioner Deegan questioned a letter regarding the library. It was stated the Mayor has asked this to go to the Budget Advisory Committee. Commissioner Deegan stated he would ask Thursday for some decision regarding Community Consensus and he would have something in writing prior to Thursday. Commissioner Fitzgerald asked for consensus to ask the City Manager to identify why we are not receiving responses to Requests For Proposals (RFP). Consensus was for the City Manager to do this. Commissioner Fitzgerald informed the Commission that over the weekend, there was a return of vandalism to the Countryside area. He stated, Saturday night, a whole row of mailboxes was wiped out. He stated this happens every year about this time. Commissioner Deegan pointed out that subsequent to a town meeting, it was requested Chief Klein come back with recommendations regarding zero tolerance of speed violations. The City Manager indicated, essentially, the City is advertising where it is doing enforcement and the enforcement team is floating throughout the City. Commissioner Deegan felt this was not responsive to the request. He requested that Commission direction be reviewed. Commissioner Deegan questioned the status of the RFP for Coastal Engineering. The City Manager indicated it should be out any day, and has a fairly tight response time. The meeting adjourned at 5:34 p.m.