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10/16/1995 CITY COMMISSION WORK SESSION October 16, 1995 The City Commission of the City of Clearwater met Monday, October 16, 1995, at City Hall with the following members present: Rita Garvey Mayor Commissioner Sue A. Berfield Vice-Mayor Commissioner Fred A. Thomas Commissioner J. B. Johnson Commissioner William Justice Commissioner Also present: Elizabeth M. Deptula City Manager William C. Baker Assistant City Manager Kathy S. Rice Deputy City Manager Pamela K. Akin City Attorney Cynthia E. Goudeau City Clerk Patricia O. Sullivan Board Reporter The meeting was called to order at 9:00 a.m. Service Awards Eight service awards were presented to City employees. Barbara Morton, General Services Department, was presented the October 1995 Employee of the Month award. The Commission recessed from 9:12 to 9:19 a.m. to meet as the Pension Trustees and Community Redevelopment Agency. PR PARKS AND RECREATION Confirm co-sponsorship & waiver of city fees for Special Events approved in 1995 96 Operating Budget (Jazz Holiday, Fun ‘N Sun, 4th of July, Family Holiday Traditions & Parade, Turkey Trot, N. Greenwood Street Festival, & Martin Luther King Parade), an estimated $141,980 ($69,720 cash contributions & $72,260 in-kind contributions); authorize event sponsors to approve vendors (Consent) The City Commission's policy regarding Special Events waives fees associated with City sponsored or co-sponsored events; i.e., Fun 'N Sun, Jazz Holiday, July Fourth, Turkey Trot and Martin Luther King Parade. The policy is reviewed annually during the budget process and an agenda item is brought for City Commission approval at the beginning of each fiscal year (FY). City Commission approval is needed before any additional funds are disbursed. The value of "in-kind" contributions is not known until after the events are conducted and amounts listed are estimates. "Cash contributions" to Fun 'N Sun and Fourth of July remain the same in FY 1995 96 as they were in FY 1994/95. The contribution to Jazz Holiday was increased to $25,000 from $5,000. The total cash contribution is included in the City's operating budget for FY 1995/96 under "Non-departmental Expenses." Dollars for "in-kind services" are included in FY 1995/96 Operating Budget under various departments. In the past, the Fire Department's cost for EMS services was not captured although services were provided to Jazz Holiday, Turkey Trot, Fun 'N Sun, and Fourth of July. These costs, estimated at $1,600 for FY 1995/96, will be included in future budgets. It was recommended that funding for Celebrate Downtown be included. The City Manager indicated the City Commission had not been briefed regarding that event. In reply to a question, it was explained Special Events are run by non-profits and bids are not received. Concern was expressed a staff member with a side business may be running all concessions at Special Events and that the City does not have control over choosing participating vendors. Additional data regarding the operation of concession stands at Special Events was requested. The City Manager was unaware of staff profiteering as vendors. Ream Wilson, Parks & Recreation Director, indicated a staff member, whose family owns several businesses, runs Clearwater Festivals, Inc., a non-profit that runs Sun 'N Fun and the Fourth of July. Mr. Wilson noted much of the City's funding is through in-kind services. It was suggested the staff member's concession stand is run as a non-profit, with profits returned to the festival. Mr. Wilson indicated itemized statements are submitted following each event. The City Manager said a report will be forwarded to the Commission and indicate how vendors are selected and their relationship to committee members. Celebrate Downtown will be discussed Thursday night. EN ENGINEERING Declare as surplus for subordination to FDOT the City’s easement rights & interest in 3 parcels of land (117.07CD, 129.04CD & 804.07CD) lying along SR 55, between SR 60 & the CSX Transportation right-of-way, N of Drew Street, and void previously approved subordinations (O.R. Book 8698, pages 1142, 1190 & 1161); Res. #95-60 - authorizing City Manager to execute documents with FDOT The Florida Department of Transportation (FDOT) is proposing to make improvements to US 19 N from SR 60 to the CSX Railroad to include a six-lane overpass at Drew Street, frontage roads and intersection improvements. The City has various easements on several parcels the FDOT will obtain as right-of-way requisite to the project. To facilitate this project, the City previously granted FDOT requests that the City subordinate its easement rights and interests in three parcels identified as parcels 117.07, 129.04 and 804.07, Section 15150-2566, to the FDOT. After the subordination agreements were executed by the City and recorded by FDOT, FDOT found it necessary to amend descriptions of the three parcels. Most of the adjustments are so slight they are difficult to depict visually. The FDOT now requests City approval of the subordinations of its easement rights and interests in the corrective parcels identified as parcels 117.07CD, 129.04CD, and 804.07CD. Upon granting the FDOT request to subordinate the City's interests in the corrective parcels, it is in the City's interest to void the subordination of its rights and interests previously granted to the FDOT prior to the corrections. The subordinations contain provisions for the FDOT to pay to have the City's facilities relocated, if necessary, to prevent construction conflicts. City Engineer indicated FDOT had improperly described the areas to be subordinated and indicated this action is to correct the legals. He noted Exhibits B1 and B2 describe the removal of a sliver of previously subordinated lands. It was noted those slivers appear on Exhibit C as land being returned to the City. Re: Mr. Heneger's October 5, 1995 complaint Mr. Baier reported tests performed by staff and the University of South Florida laboratory on the water sample submitted by Mr. Heneger detected no fecal chloroform. He indicated a high volume of blue-green fibrous algae was identified. Mr. Baier indicated algae occur naturally and can resemble fecal matter. It was questioned how to rid waterfront properties of these algae. Mr. Baier said the presence of algae does not indicate water is polluted. He reported the scheduled water quality study of Clearwater Harbor will address this matter. Concern was expressed the City is causing the problem. It was noted the problem is natural in origin. It was suggested the City should remove the problem from a neighborhood being invaded by an unpleasant substance. Mr. Baier indicated the Venetian Point neighborhood is not being invaded and the Marshall Street Advanced Water Treatment Plant is not causing the problem. He stated the design of Venetian Point causes these materials to remain and not flush. It was noted area waters were pristine before the City's issuance of building permits and a suggestion was made that the City should do something about the unsightly problem. It was questioned how the City could address the problem. Mr. Baier noted a spray to kill the algae would kill everything else too, including fish. It was noted algae in retention ponds are also a problem. It was questioned how long the problem at Venetian Point has existed and if it was related to the closing of Dunedin Pass. It was noted the development's design creates a cup that traps algae. Mr. Baier suggested the City educate citizens not to use fertilizers that aggravate the situation and cause increased algae's blooms. Assistant City Manager William Baker said algae are microscopic and, in proper numbers, a good food source for fish. He noted the growth of algae increases during the summer. It was suggested that staff develop a plan to solve this matter. Mr. Baker said storm water treatment would answer this problem. He said storm water management takes decades as it must address life style changes. It was questioned if the problem has increased during the past ten years. The City Manager agreed the scheduled study will address this concern. Mr. Baier reported the City is trying to attract funds for the Clearwater Harbor project from the Tampa Bay National Estuary Program. Re: Debra Turner's October 5, 1995 complaint Mr. Baier referred to Ms. Turner's complaint regarding offensive odors emitting from the Marshall Street Advanced Water Treatment Plant and stated a probable cause of the odor was low tide exposing sediment on Stevenson Creek's bed and allowing sulfuric acids to escape. He said the City has committed funds to neutralize odors chemically and to scrub the water in the Advanced Water Treatment plants. He invited Ms. Turner to tour the facility and reported she seemed satisfied. He noted sulfur smells also had recently emitted from area wells. Commissioner Berfield reported Ms. Turner had complimented Rich Baier. She noted how well City employees are doing their jobs. CP CENTRAL PERMITTING Receipt Referral - Alcoholic Beverage Ordinance Revisions (Consent) The City Commission requested staff bring forward recommended modifications to alcoholic beverage regulations adopted in January 1995. Staff prepared an ordinance in accordance with City Commission direction on October 2, 1995. The ordinance addresses: 1) elimination of the "cap" on the percentage of floor area to be considered as a conditional use by the Planning & Zoning Board. Current code established a small percentage range the Planning & Zoning Board can consider for allowing alcoholic beverage uses in certain types of uses (e.g., shopping centers and retail complexes). These requirements have made it difficult to process applications for these types of uses if "caps" are exceeded. On October 2, 1995, staff stated the ordinance would ensure special review conditions for nightclub, tavern and bar uses; the language provides stringent supplementary standards for approval for all uses exceeding the "cap." Staff wished to ensure consistent review by the Planning & Zoning Board for these types of cases and 2) revisions to the definition of "delicatessen." On October 2, 1995, staff advised the Commission other definitions require amendment. Staff also indicated some redundant language would be deleted; further review indicates the language is necessary for clarity relative to other code citations. It was questioned when public input would be accepted. Central Permitting Director Scott Shuford recommended accepting public input in the normal manner, when the ordinances are presented to the Commission for consideration. In answer to a question, he indicated retail complexes are smaller than shopping centers. CM ADMINISTRATION Amendment to Jolley Trolley Lease The Jolley Trolley Corporation is seeking a location to perform minor maintenance on the trolley vehicles. Staff worked to identify alternative sites. Only the Madison Avenue location is suitable. The Jolley Trolley Board recognizes this is a short term arrangement as the City intends to demolish the building when City Annex employees move to the new Municipal Services building. Commissioner Berfield reported the lease would allow the Jolley Trolley to see if this type of arrangement is practical. CLK CITY CLERK (Cont'd from 10 5 95) Municipal Code Enforcement Board - 1 appointment A request was reiterated for staff to verify presented background information regarding a candidate. OTHER CITY ATTORNEY ITEMS The City Attorney requested permission to attend a November 13 - 15, 1995 seminar in Chicago regarding legal technology. Consensus was for the City Attorney to attend. City Manager Verbal Reports Philosophy of Operation (WSO) The City Manager submitted a draft of "Principles of Operation": Our primary responsibility is to the community of Clearwater. We will provide a fiscally responsible, stable government committed to minimum regulation as well as innovation and creativity in service delivery. We will be accountable, responsive and accessible as an organization. We are committed to providing high quality services in a timely, efficient and economical manner. We will reduce the barriers to services and information. We will work in partnership with all in our community to build a city which is safe, economically sound and physically attractive and which provides the opportunities and amenities conducive to a high quality of life. We will encourage community participation in our activities. We recognize the mutual responsibility of government and citizens for the quality of life in our community. We will provide the opportunity and assistance required to enable individuals and groups to become the actual doers in meeting community needs. We recognize and respect the dedication, professionalism and commitment of our employees and take pride in their accomplishments. We are committed to creating an environment which encourages employees at all levels to respond constructively, creatively and practically to community needs. We recognize the value of taking calculated risks and will encourage it by allowing employees to learn from mistakes without fear of unreasonable consequences. We are committed to ongoing employee training and development to maintain the high level of competence necessary for quality governance and services. We affirm the dignity and worth of public service. We acknowledge our responsibility to be stewards deserving of the public trust, to be fiscally responsible in or daily decisions, to recognize and develop the potential within each person and to be enthusiastic partners in providing quality service to our community. Concern was expressed that not all Commissioners are enthusiastic regarding the strategic planning method. It was noted the timing of two upcoming elections will change the makeup of the Commission and it was inappropriate to address strategic planning until then. It was felt strategic planning is a critical component of the Commission's responsibility to provide direction to staff. The City Manager suggested the "Philosophy of Operation" was something about which the Commission could agree. It was felt the "Philosophy of Operation" represented a good overriding document, but was not strategic planning. The City Manager suggested distributing printed copies to staff. It was suggested to hang an enlarged copy of the "Philosophy of Operation" in City Hall's lobby. The City Manager suggested displaying the document with official pictures of the Commissioners. Consensus was to agree with the City Manager's recommendation. Clearwater Airpark Lease In his October 4, 1995 memorandum, Rich Baier indicated staff is negotiating a lease for the Airpark with the current fixed based operator. The primary tenets for the lease renewal should be increased economic return to the City, improvement of the Airpark building and aviation facilities, ADA concerns within the facility and assumption of routine groundskeeping by the current fixed based operator. The current lease expires March 31, 1996. Staff has begun negotiations. The Engineering Department feels this lease should be bid out competitively with a Request For Proposals if staff is unable to agree with the current fixed based operator regarding terms and conditions for a new lease. The City Manager indicated staff wanted confirmation regarding City Commission direction and questioned if the Commission was satisfied with the plan outlined by Mr. Baier. Concern was expressed that the fixed based operator will be handling subleases at the Airpark. Airport Authority Board A reference was made to a recent letter from D. F. "Buz" Heuchan, Jr. The City Manager said previous meetings of the Airport Authority Board were confusing as they were held in a loud, open room. When responsibility for the Airpark was transferred to the Engineering Department, more formal meetings were requested. Board members had expressed concerns regarding appearing on C-View-TV and the scheduled meeting time. Seating arrangements at the last meeting were complicated due to taping needs. It was suggested the board meet at the new Solid Waste facility. It also was felt the board represents an Enterprise Fund and should meet at City Hall so staff can keep track of their recommendations. National League of Cities meeting The City Manager reported Commissioner Johnson will be attending the National League of Cities meeting and requested the Commission designate him as their voting delegate. Consensus was to designate Commissioner Johnson as the Commission's delegate to the upcoming National League of Cities' meeting. . Commission Discussion Items Beach Renourishment Sand Key It was noted at the Sand Key meeting on the evening of October 11, 1995, the Army Corps of Engineers had reported the project will be lost if anything is done locally to take away the overriding issue. It was requested that staff report on what the City can do if money is not forthcoming for the project from the State. It was suggested the City could build groins in the Gulf to cause sand to accrete. Mr. Baker said if the project does not go forward, the local community will pick it up and proceed with the current plan. He said engineers have indicated groins are not effective south of Clearwater Pass. It was suggested building groins may be less expensive than beach renourishment south of Clearwater Pass and the only alternative. It was noted all of Sand Key needs to be addressed, not just the island's northern tip in Clearwater. A back up plan was requested. It was suggested funding should not be the responsibility of all City residents. It was suggested the City lobby people at the State and Federal level to keep this program, now scheduled to start in January 1997. Commissioner Thomas' memorandum re Mayor taking position for Commission in correspondence Commissioner Thomas said he was not against the Mayor's position but objected to her taking a position the City Commission had not discussed. The Mayor indicated she has written similar letter for a number of years. She noted the City Commission had taken a position against unfunded mandates which is what she addressed in the letter. Commissioner Thomas felt the issue first should have been discussed publicly by the Commission. The Mayor reiterated the City Commission previously had taken a position against unfunded mandates. Commissioner Justice felt anyone who represents a group should discuss the matter with the group before speaking for them. Commissioner Johnson said he did not take exception to the Mayor's letter. Commissioner Berfield indicated a Senator had responded to her and she expressed concern she had not known the letter had been sent and was unfamiliar with the issue. She requested the Mayor notify the Commission regarding her plans to send a letter. Commissioner Thomas and Commissioner Justice agreed. Mayor Garvey noted some topics are time sensitive and must be addressed before Commission input is possible. Advertising in the Beach Views Commissioner Thomas expressed concern money had not been budgeted for further legal advertising in the Clearwater Gazette / Beach Views and noted the City Commission had voted to advertise for a twelve month test until December. It was noted the City Manager had clearly stated money for advertising not required by law was not included in the fiscal year (FY) 1994 95 budget. Commissioner Thomas indicated a presentation should be made and the City Commission could then review this advertising and debate its value. He felt the City Commission should direct staff to complete the year. Commissioners Johnson and Justice agreed the City should honor its one-year commitment. The City Manager noted all contracts end at the end of a fiscal year. She said the budget will have to be amended as it contains no funds for this purpose. The City Attorney reported the twelve months end December 1, 1995. Continuing until December 1, 1995 will be placed on Thursday's agenda. The issue of advertising in the Clearwater Gazette / Beach Views beyond December 1, 1995, will be agendaed for November 16, 1995. An analysis of the value of this advertising was requested. The City Manager noted concerns regarding reaching the largest number of citizens through advertising. She noted the Tampa Tribune has scaled back its local coverage and suggested "biting the bullet" and paying the higher rate for greater distribution through the St. Petersburg Times. It was questioned if citizens are being reached through the Beach Views. Memorial Causeway Bridge funding The City Manager reported the City Engineer is approaching the Florida Department of Transportation regarding funding for the Memorial Causeway Bridge and wished to indicate this project represented Clearwater's number one transportation issue. The Commission indicated they supported that ranking. Other Commission Action Mayor Garvey referred to Clearwater beach's page on the Internet. She noted Information Management Jeff Harper had suggested establishing an advisory group of Internet users to work on the situation on a regular basis. Mayor Garvey noted her support of the POW MIA flag in front of City Hall for a number of years but suggested it may be time to replace it with the City flag. She said the issue is no longer a high priority. It was noted another POW MIA flag still waves on the harbor at the foot of Memorial Causeway. Consensus was to remove the POW MIA flag in front of City Hall as long as one flies over Clearwater Harbor. Mayor Garvey referred to a recent editorial regarding the County Commission's lack of desire to regulate bingo. She felt regulation of for-profit bingo operations should be increased. It was noted charities have lost money since for-profit operators have taken over local bingo operations. Consensus was for the Mayor to send a letter to the County Commission indicating the City Commission's support of bingo operations for charitable purposes only. Commissioner Justice questioned if a referendum will be needed to build the proposed Zeus Inn. The City Manager indicated the subject property is not on the bluff and no referendum would be required. She noted the letter had requested the City be a contingent guarantor. She had replied the City was not supportive of that request. Commissioner Johnson referred to a local service report card and questioned if it represented a realistic survey. The City Manager thought the report card was part of an old report comparing City and County services. Commissioner Johnson questioned if the Commission was interested in the global net suggested by Mr. Leonhardt. Consensus was there was no interest. Commissioner Johnson questioned why a caterer was being considered for the Harborview Center. The City Manager said a temporary caterer is needed until the contract with the restaurant that will also provide catering service in the Harborview Center is completed. Commissioner Thomas questioned current negotiations regarding the third floor restaurant in the Harborview Center. Deputy City Manager Kathy Rice said negotiations continue. She reported the proposed lessees purchased furniture and equipment from the former Clearwater Club. Staff is considering a reasonable cost for the portion of that equipment that can be used in the Harborview Center. Commissioner Johnson suggested the City petition the Convention and Visitors' Bureau (CVB) to place "Clearwater" before "St. Petersburg" in advertising. He noted Clearwater is the County Seat and falls before St. Petersburg in the alphabet. Consensus was to so petition the CVB. Commissioner Berfield referred to a list of construction projects from Engineering Project Coordinator Gary Johnson and noted the Stevenson's Creek project is not included. The City Manager reported she had asked for an updated list as some other projects also were not included. Commissioner Berfield encouraged Clearwater residents to vote on Tuesday, October 24, 1995, for one Commission seat and regarding the City's Pension Plan. Ms. Rice indicated a "yes" vote will favor the proposed changes to the pension plan. A "no" vote will be against the changes. Adjourn The meeting adjourned at 11:01 a.m.