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09/18/1995 CITY COMMISSION WORK SESSION September 18, 1995 The City Commission of the City of Clearwater met Monday, September 18, 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 Sullivan Board Reporter The meeting was called to order at 9:00 a.m. Service Awards Nine service awards were presented to City employees. Richard DeBord, Public Works Department, Water Division, was presented the September 1995 Employee of the Month award. GAS GAS SYSTEM C.O.#s1-4 for additional work for remodeling of Gas Administration & Operation Center buildings located at 400 N. Myrtle Ave., to Design Wise Building Contractors, Inc., Clearwater, FL, for $34,969 for an estimated new total amount of $197,519 On June 1, 1995, the City Commission approved a contract to remodel the Gas Administration and Operation Center buildings to Design Wise Contractors for $162,550. After Design Wise started the work, it was discovered the Gas Administration and Operation Center buildings were not constructed according to code. The walls, doors and stairways should have a one hour fire rating. That is not the case. It was determined two stairwells must be enclosed to achieve a one hour fire rating. The secured warehouse needs additional steel doors, fire dampers electrical and framing to bring it up to existing building codes. The additional work will cost $28,390. Other additional work required includes moving a water line, installing a 36" by 36" steel frame window, repairing a window, changing door locks, and installing vinyl tile in the stairway. This work is estimated to cost $6,579. It was questioned if any of the other bids received had proposed lower overall costs. Gas System Managing Director Chuck Warrington said the additional work required was not discovered until after the remodeling began and was not included in the RFP. It was questioned why the building was not constructed to code when first built. The City Manager said she would research the matter and provide that information to Commission members. CP CENTRAL PERMITTING Public Hearing & First Reading Ords. #5898-95, #5899-95 & #5900-95 - Annexation, Land Use Plan Amendment to Residential Medium & RM-16 Zoning for property located at 1939 Sunset Point Rd., Sec. 1-29-15, Pinellas Groves Sub., SW 1/4, part of Lot 3 (Pappas & Silvie, A95-21, LUP95-24) The applicant has requested approval of a petition for annexation, with a proposed zoning of Multiple-Family Residential "Sixteen" (RM-16) and a proposed Future Land Use Plan Classification of Residential medium for sewer service. It was questioned why RM-16 zoning was requested. Central Permitting Director Scott Shuford said the County's classification is also Multiple-Family Residential "Sixteen." In answer to a question, he said staff had not reviewed the entire corridor and indicated he would report to the City Commission on this item on Thursday. It was noted the City may not want RM-16 zoning on all corridor property. Receipt/Referral - LDCA - Downtown Plan Amendments (LDCA 95-19) Mr. Shuford indicated implementation of the Downtown Plan, recently endorsed by the City Commission will require a number of Code amendments that include: 1) revisions to height, floor area ratio (FAR) and density regulations; 2) changes to permitted uses along key commercial corridors and in specific subdistricts; and 3) establishment of new parking garage regulations to regulate garage setbacks, landscaping and design. The Planning & Zoning Board and Development Code Adjustment Board need to review the ordinances. Mr. Shuford said no FAR currently exists downtown. He indicated the amendments would change some permitted and conditional uses. The most notable proposed change is in a new section dealing with parking garages. In answer to a question, Mr. Shuford noted parking requirements are not being changed. He said Urban Center Core 1 and Urban Center Core 2 have different design limitations. Urban Center Core 1 is the main core. Design requirements for the eastern corridor are different. In answer to a question, Mr. Shuford reported the bayfront extends west from Osceola Avenue. Concern was expressed retail stores and hotels would be permitted on the bluff. Mr. Shuford said no changes to current permitted uses have been proposed. It was questioned if building heights in the Urban Center Core 1 currently are limited to 150 feet. Mr. Shuford said no limits currently exist. It was questioned why staff proposed to establish height limits. Mr. Shuford said the results of the visual preference survey, approved by the City Commission, indicated residents prefer lower heights. It was noted the City Commission did not approve every line included in the plan. The City Attorney reported property rights legislation passed by the Florida legislature may impact the City Commission's consideration of the proposed regulations. She indicated analysis will be triggered when someone disputes City codes because of property rights. Limitations can be adjusted during a hearing. If it is indicated the City restricts land uses inordinately, the City will have the opportunity to make adjustments. She suggested this ordinance may trigger that issue. Concern was expressed regarding restricting building heights. It was suggested restrictions may force developers to spread out a building's footprint. A preference for tall buildings surrounded by parks was noted. It was suggested that added amenities could be rewarded by permitting greater height. Mr. Shuford said a FAR of 0.5 to 1.0 would require a minimum amenity area of 5% while a FAR of 1.0 to 2.0 requires a minimum amenity area of 10%. It was suggested a minimum of 50% of open ground space be required for tall buildings. It was felt the lack of green space downtown detracts from the City. Mr. Shuford requested the City Commission provide staff with examples of buildings they like. The City Manager questioned if the City Commission liked the look of Station Square. It was suggested more green space would be preferred. The Republic Bank on US 19N was cited as an example of an attractive building. It was recommended that green space include grass, trees, fountains, etc. It was suggested 150 feet is tall enough for core buildings. The City Manager questioned if the City Commission wants buildings to be close to the street to maintain pedestrian interest. It was noted tall buildings could have setbacks that include promenades. The City Manager suggested pulling the item for more staff work. The City Manager questioned if the City Commission agreed with proposed regulations requiring parking garages to include retail areas on the first floor. She pointed out the planned garage for the Municipal Services Complex does not include a retail area and questioned if the City Commission wanted one included in the joint parking garage project discussed for Pelican Walk. She said a church may build a parking garage on Cleveland Street and indicated regulations would affect that project. It was noted the Municipal Services' garage is not in a shopping area. The City Manager said it will be on the Pinellas Trail. It was recommended retail areas be required for garages built on Cleveland Street. It was suggested the top floors on a beach parking garage be dedicated to entertainment. Concern was expressed buildings taller than three stories create a tunnel effect. It was noted unlimited height would be controlled by the FAR. Mr. Shuford agreed the FAR would eventually limit a building's height. He suggested step-backs may be encouraged as a bonus for added height. He will bring this issue back to the Commission with more information. It was questioned if the parking garage issue could be addressed at this time. Staff will separate the parking garage issue and bring it back Thursday, September 21 for Receipt and Referral. OTHER CITY ATTORNEY ITEMS City Manager Verbal Reports Downtown Partnership The City Manager reviewed the revised roles of the Downtown Partnership. She said changes were made to the roles of the Chamber of Commerce and Downtown Development Board (DDB). In answer to a question, the City Manager indicated the funding program run by the Community Redevelopment Agency (CRA) is out of money. She said the DDB will handle the promotion of voluntary facade improvements. Mr. Shuford said the Design Review Board is developing design guidelines that may include a palette of colors. Staff could administer the color choices. It was recommended to apprise the DDB of the guidelines. Commission members, as Trustees of the CRA, had no objection to the proposed CRA role in the Downtown Partnership: 1) right to develop property; 2) develop downtown master plan; 3) incentives; 4) demographics; 5) recruitment/ retention/ relocation/ expansion subcommittee comprised of business leaders and other partnership members. Land use implications of recent City Charter revision - beach tower City Attorney Pam Akin referred to a map of Clearwater beach to indicate the number of City owned properties on the beach affected by the November 1994 change to the City Charter that would require a referendum before the City could sell, lease or convey them. All City properties with a land use of Open Space/Recreation between 1979 and the present are affected. The beach, currently zoned Preservation, was zoned Open Space/Recreation in 1979 and currently requires a referendum to lease. The City Attorney said the last changes to the City Charter allowed the City Commission to lease land for 30 years but restricted the leasing of property zoned Open Space/Recreation since 1979. She said the land use designations back in time must be reviewed for the entire City. She noted the requirement for referendum will affect several leases requiring renewal in the next few years, including the Phillies. The City Manager indicated the immediate consequence of this requirement affects the proposed beach tower and concession stand. The City Attorney noted the City could handle the concession stand with a license agreement. She said such agreements have limitations that cannot be expanded to meet many uses. Concern was expressed regarding concession stands at City parks run by booster clubs. The City Attorney said those uses had not been reviewed. She indicated the entire City is affected. It was noted a mistake had been made with this Charter amendment and it was suggested it be put on the ballot in March 1996 to correct. It was felt some of the concerns addressed by this amendment are valid. The City Attorney suggested the City Commission could propose to repeal or amend the section of the City Charter to allow leases under certain circumstances. It was recommended that limits be established that will pass the scrutiny of voters. The City Attorney said the language was proposed by the Charter Review Committee as a way to clarify the rule but the impact was not addressed. It had seemed to be a clean-up issue and was not meant to create new policy. It was suggested the requirement for a referendum be removed because the provision limits the City Commission too much. It was noted a great deal of City property is affected. The City Manager noted the bluff is protected by a separate section of the City Charter and would not be affected by any changes relating to this item. It was noted citizens do not want City parks sold for development and care must be taken with the change proposed. In answer to a question, the City Attorney said the City can declare property, not designated Open Space/Recreation since 1979, as surplus and go through a bid process to sell it without a referendum. She stated the only portion of the Marina previously zoned Open Space/Recreation is the boat slips. She agreed in the past, many City properties were "parked" with an Open Space/Recreation designation. The City Attorney said the old provision did not include leases. It was felt disposing and leasing properties are different. The City Attorney noted the 1994 change specifically included leases. She said changes to the City Charter cannot be made without citizen approval. She suggested the City Commission has the option to: 1) repeal the November 1994 change or 2) change the language to allow leasing for recreation and support services. Concern was expressed that City land not be sold without an economic reason. It was noted one Commissioner had indicated support for the tower only if normal channels were followed and no special considerations were given. It was suggested returning the language to "convey" may also cause problems because it is not clearly defined. It was suggested it state the City Commission cannot "sell." The City Attorney referred to a recent swap of land on Sand Key that would not be allowed under current language but would be authorized if the word "sold" is used. It was requested that the City Attorney create a document on which the City Commission can vote. The City Attorney reiterated the Concession stand can be addressed with a license agreement. The consensus of the City Commission was to go forward with a change to the Charter Amendment. Special Meeting to rank applicants for the Concession by Pier 60 The City Manager indicated a Request for Proposal (RFP) had been distributed for the operation of the proposed concession building by Pier 60. The City Manager recommended the City Commission meet first to establish criteria for ranking applicants. It was recommended that the City Commission not discuss the proposals with the applicants until the official presentations. A Special Meeting to hear the presentations from applicants ranked by staff as the top five was scheduled for Thursday, September 28, 1995 at 9:00 a.m. Pension Plan Deputy City Manager Kathy Rice said the International Association of Fire Fighters (IAFF) union had voted not to approve the proposed pension plan. She reported all other City unions agreed to accept the plan. She said the IAFF claims the City did not negotiate in good faith. Ms. Rice suggested the City could win the war but lose the battle because the IAFF could go to court and keep the item off the ballot. She felt the City's position is correct but indicated a fight could be an expensive process. She recommended working with the IAFF and addressing their concern regarding paramedics. She suggested making Paramedic a position instead of an assignment. She noted this change may not satisfy the union's concerns. She said the City was not negotiating the union's request that returning disabled employees not be assigned citywide. In answer to a question, Ms. Rice said there was no real disadvantage to changing the job description for paramedics. Currently, all certified fire fighters can be assigned paramedic duty and receive a 15% pay increase. The current method is more flexible and allows the City to identify the expense of paramedics in its contract with the County. She said if a paramedic position is instituted, people will be tested to qualify. She said the City would be able to choose the number of paramedic positions. Ms. Rice said disabled workers would be placed in positions with a base pay equal to what they were earning. She said this change would increase paramedics' base by 15%. Concern was expressed that two employees working side by side would have disparate incomes. It was suggested the average between what a job is worth and what the employee is paid come from the pension fund. Ms. Rice said that could be looked at for future changes. Concern was expressed the City Commission thought an agreement had been reached with the unions three months ago. It was noted not all IAFF concerns were being addressed. Ms. Rice said she did not know if the IAFF would accept this proposal but felt it represented a reasonable compromise. She could not guarantee the IAFF would not appeal to PERC. Ms. Rice expressed concern the issue be addressed on the October 24, 1995 ballot, so the provisions of the plan can be initiated on January 1, 1996. It was questioned what would happen to the bonuses already provided staff if the union chooses to fight this issue. Ms. Rice indicated PERC would resolve that issue. She said the ballot language had been submitted and could not be changed to exclude the IAFF. Consensus was to continue with the October 24, 1995 ballot, and to create a Paramedic position instead of making it an assignment. Concern was expressed regarding the negotiation process. It was recommended, in the future, that no agreements be signed until all parties agree to all terms. It was noted the agreements were signed early to allow staff to receive their bonuses. Florida Trend The City Manager said Florida Trend wishes to kick off their special issue highlighting Clearwater with two breakfasts. A breakfast for the City Commission and key staff members was scheduled for October 17, 1995 at 8:30 a.m. A location will be announced. A second breakfast for the City Commission and approximately 100 community members was scheduled for November 7, 1995 at 8:30 a.m. A location will be announced. The Commission recessed from 11:00 to 11:08 a.m. Dervish Brothers appeal The City Attorney reported a quasi-judicial meeting needs to be scheduled to hear the Dervish Brothers' appeal of the denial of their request for a conditional use permit to serve alcoholic beverages. She said the meeting's length would depend on the number of people wishing to speak. Mr. Shuford said the public would be involved. Board members may be present to observe. A quasi-judicial hearing of the Dervish Brothers' appeal was scheduled for Tuesday, November 14, 1995 at 6:00 p.m. "Angels in America" performance planned at Ruth Eckerd Hall The City Attorney reported the City's anti-nudity ordinance does not apply to theatrical performances. She stated the City's payment to the Performing Arts Center Theater (PACT) will not come up until July 1996. It was noted some citizens object to "Angels in America" and this type of theater and to the City subsidizing it. It was suggested the City send a message to Ruth Eckerd Hall that the City Commission does not favor these types of performances. It was noted that Commissioners can send that message individually with their personal contributions. Concern was expressed regarding mandating that citizens cannot see this type of theater. It was questioned if the City should continue supporting the PACT. It was felt the City can discontinue the contribution if they choose. Concern was expressed that City funds are spent on this play. It was noted the City's contribution is for the right to hold community events at Ruth Eckerd Hall. It was felt the City Commission should not be judging this performance. Concern was expressed that the City Commission should state their opinion on the matter. It was noted some citizens understand the message of the Pulitzer prize and Tony winning play and wish to see it. It was pointed out the City has made huge investments in the facility. It was suggested the City Commission is supposed to reflect the mores of the community and Ruth Eckerd Hall should know how the City Commission feels. Commissioner Justice regretted bringing up the issue and indicated he only wished to express his opinion. Commission Rule 12 re Continuances The City Attorney noted Commissioner Berfield had requested a revision to Rule 12 to clarify the issue of continuance by a Commissioner. She requested the City Commission address: 1) whether a continuance is a matter of right not requiring a vote; 2) whether an item can be continued consecutively by different Commissioners; and 3) the definition of a topic and if it is considered a new item each time it appears on an agenda. She noted continuances have been requested and denied twice and she hoped to resolve these questions. It was suggested an additional continuance should require a majority vote. Concern was noted that continuances may be required to acquire additional knowledge. The City Attorney noted some time frames are established by ordinances. Consensus was to permit one 30-day continuance based on a Commissioner's request. One additional continuance would be permitted by vote of the Commission majority. It was suggested that continuances relate to topics and not items. This issue will be discussed further at the October 5, 1995 meeting. Concern was raised regarding there being a number of Charter provisions that need to be reviewed. It was suggested the Commission address this after the next election. Commission Discussion Items a) Naming new bridge - Clearwater Pass Bridge vs. Sand Key Bridge It was noted some citizens have reported confusion regarding the bridge's name. The Marine Advisory Board had suggested signage directing visitors to Sand Key and that both "Clearwater Pass" and "Sand Key" be used on City signs. The Coast Guard will not change the name from Clearwater Pass Bridge. The City Manager said staff plans signs to read Clearwater Pass Bridge to Sand Key and Clearwater Pass Bridge to Clearwater beach. Consensus was to accept that proposal. b) Land Use implications re Tower location It was recommended staff continue lease negotiations regarding the tower. The City Attorney reported the lease cannot be granted on the proposed site without a referendum. She suggested the City could purchase the tower and erect it, another site could be selected, or a referendum on the subject could be held. The City Manager reported a message from Mr. Grogan indicates he is willing to look at other sites. It was recommended staff see if another site is appropriate. Other Commission Action Commissioner Thomas referred to a recent letter regarding dangers posed by jet skis. He requested staff strengthen City laws regarding the operation of jet skis to be as restrictive as possible. He expressed concerns regarding safety. Consensus was to include this issue in the City's legislative package. It was suggested the City address license agreements for jet ski operations when they come up for renewal. The City Attorney said she would review options. The issue will be agendaed as a future discussion item. Commissioner Johnson referred to Commissioner Thomas' letter to a Bayview resident and said he resented the letter's implications. Commissioner Johnson felt the letter questioned his integrity. He resented Commissioner Thomas implying a connection between him and special interests. Commissioner Johnson said the implications included in the letter were untrue. He did not think the proposed development would destroy the Bayview neighborhood. He expressed concern Commissioner Thomas has made it clear he will accuse those who oppose him with favoring special interests. He said his vote on any issue has not been made to help any big money interest. Commissioner Johnson said he respected Commissioner Thomas and would defend his right to say anything except attack his integrity and character. Commissioner Johnson felt he was owed an apology. Mayor Garvey agreed with Commissioner Johnson's remarks and the sentiments contained in Commissioner Justice's September 8, 1995 letter to Commissioner Thomas. She said she does not do things for special interest but because she thinks they are in the best interest of the community. She said she is not supported by "big money" and resented Commissioner Thomas' attempts to impugn her integrity. Commissioner Thomas said the letter stands. He did not feel he owed anyone an apology. He accused the Mayor of being elected by special interest in a heavy moneyed campaign. He said he was not challenging the other City Commissioners' integrity but said one-third of Mayor Garvey's campaign money came from special interest. He stated a small, narrow group of people controls Clearwater. Mayor Garvey expressed concern that Commissioner Thomas was implying she contacts her contributors regarding her votes. She said she reviews all issues to make certain she understands them and votes the way she thinks is best. Commissioner Thomas said a small group controls the City and accused the law firm of Johnson, Blackley, Pope, Voker, Ruppel and Burns of controlling the last campaign. Mayor Garvey said she is supported by those who think she does a good job representing the City. She said most contributions to her first campaigns consisted of five and ten dollar donations. The Mayor said she had not been elected by special interests. Commissioner Thomas suggested she review who funded her last campaign. Mayor Garvey recommended reviewing the funding for all of her campaigns. Commissioner Berfield referred to a letter from Harbormaster Bill Held regarding the establishment of a leave pool for SAMP employees. She thought it was a good idea and commended staff. Commissioner Thomas questioned if the individual wage level was considered. The City Manager said a day is swapped for a day without considering the wage level. Ms. Rice noted SAMP members are included in one pool, the CWA in another, etc. Commissioner Thomas requested the program be monitored for any imbalance in wages paid. Commissioner Johnson questioned the maximum time individuals can draw. The City Manager said that would be up to the overseeing committee to monitor. Commissioner Berfield referred to a letter requesting the installation of sidewalks on Sunset Point Road. She noted the majority of the area needing sidewalks is in the County and requested staff see if the City can do anything to push this issue with the County. Mayor Garvey expressed concern regarding the synchronization of local traffic signals. The City Manager said she was not aware of problems but would investigate. Mayor Garvey referred to the recent dedication of the Lamar O'Bryan Ford playground in Plaza Park and noted the neighborhood association had not been asked to participate. She said the association indicated they will come forward and request a name change. The association said problems have occurred when Ford family members chase neighborhood children from the playground. Commissioner Berfield suggested sending the family a strongly worded letter stating the playground is part of a City park. Commissioner Thomas recommended sending a letter to the family stating if they do not straighten out, the Ford child's name will be removed from the playground. Adjourn The meeting adjourned at 12:12 p.m.