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05/04/1998CITY COMMISSION WORK SESSION CITY OF CLEARWATER May 4, 1998 Present: Rita Garvey Mayor/Commissioner J. B. Johnson Vice-Mayor/Commissioner Robert Clark Commissioner Ed Hooper Commissioner Karen Seel Commissioner Michael J. Roberto City Manager Kathy S. Rice Deputy City Manager Pamela K. Akin City Attorney Mary K. Diana Assistant City Clerk Brenda Moses Board Reporter The meeting was called to order at 9:00 a.m. at City Hall. The Commission recessed from 9:00 to 9:03 a.m. to meet as the Pension Trustees. PRESENTATIONS Motorcycle Program for Police Department Police Chief Sid Klein presented the Commission with a comprehensive report on the proposed motorcycle program and implementation plan for the Police Department. He introduced and thanked Officers Thomas Stein and Charles Kronan for volunteering for the program. He noted Officer Stein has been instrumental in bringing this project to its current status. He thanked the City Commission for their patience, honesty and professionalism in dealing with this issue, and requested they proceed with the motorcycle program on a pilot basis. In response to a question, Chief Klein said the Police Department has codified the strongest regulations possible and they will be strictly enforced. Guidelines prohibit pursuits and driving at night and in inclement weather. Concerns were expressed regarding safety issues and statistics that showed a high number of motorcycle fatalities. Chief Klein requested approval to pursue additional grant funding for motorcycles during the pilot program. Consensus was to place this item on the Thursday City Commission meeting agenda. PUR PURCHASING Conoco, Inc., extension of contract for propane gas for resale during award date through 9/30/99, est. $150,000 (GAS) Regarding the increase in funding for disposal service, it was remarked this is the first time a request of this type has been necessary due to larger than anticipated disposal requirements generated from adverse weather conditions. The City Attorney requested the Conoco, Inc. be pulled due to contract concerns. FN FINANCE Authorize payment to Donald Swim, Claimant, for settlement of workers’ compensation indemnity claim, $87,408.06 (including attorney fee & costs) Claimant, a former Clearwater firefighter, sustained a work-related back injury on February 9, 1986. The Claimant received a 5% permanent impairment rating entitling him to workers’ compensation indemnity benefits. The injury also resulted in the Claimant receiving a work-related disability pension in the amount of $1,406.84, payable monthly. At mediation, it was tentatively agreed to settle only the indemnity portion of the claim for $87,408.06, subject to City Commission approval. This proposed settlement will be a sum of money to be paid to the claimant in addition to the $34,648 the City has already paid on the claim to date, and it does not affect claimant’s entitlement to future medical benefits should future medical care become necessary. The City’s self-insured retention (SIR) on this claim is $100,000. The excess carrier will reimburse the City that part of this settlement that exceeds the SIR along with whatever future medical costs are incurred by the City for future medical treatment of the Claimant. If this proposed settlement is approved, the sum anticipated for initial reimbursement to the City is approximately $19,624. John Marcin, Risk Management, said this item involves a wage loss settlement. In response to questions, he said everyone involved has been notified of entitlement and submission requirements. There is no time frame to respond. He believed there is adequate funding to pay the claim. Medical costs are not part of this settlement. The City’s legal expenses are not reimbursed by the insurance carrier. Extension to Disclosure Counsel Agreement with Nabors, Giblin & Nickerson, P.A., to serve as City’s disclosure counsel for a 1 year period (Consent) As a result of an RFP (Request for Proposal process in 1995, Nabors, Giblin & Nickerson, PA. was selected to serve as the City’s disclosure counsel. The initial agreement was for a period of 3 years, with the option for up to 2 one-year extensions. This is the first of 2 possible extensions. Fees for this extension are unchanged from the original contract. Fees for issuing bonds are calculated per $1,000 of bonds. The fee charged is $1.10 per $1,000 for the first $10 million and $.90 per $1,000 above $10 million, with a minimum fee of $5,000. The costs incurred due to bond issuance is paid from the bond proceeds. In response to a question, Finance Director Margie Simmons said the City intends to hire their own disclosure counsel to prepare all documents to disclose pertinent information to bond buyers. PW PUBLIC WORKS Public Hearing - Declare surplus to city needs, for purpose of selling real property lying southeasterly of intersection of Drew Street & Myrtle Avenue, fronting Prospect Street r-o-w, South 15’ of North 225’ of East 210’ of West 420’ of NW¼ of Sec. 15-29-15, for minimum bid amount of $6,300 City staff has been contacted and requested to seek Commission approval to declare the subject parcel, having no street address, surplus to City needs and offer it for sale in compliance with applicable real property disposition procedures. The parcel is a 15 X 210 foot uneconomic remnant lying southeasterly of the intersection of Drew Street and Myrtle Avenue, fronting Prospect Street right-of-way approximately 180 feet south of Drew. It is bounded on the north by a parcel being developed as a private school, and on the south by a 5.6 acre parcel offered for sale and redevelopment. In an appraisal of the parcel performed for the City on February 26, 1998, James Millspaugh, MAI, concluded the value of the City’s fee interest in the parcel to be $6,300; and highest and best use of the parcel would be to incorporate it into one of the adjacent parcels. The parcel has a current tax assessed value of $10,700. If placed on the tax roll, it would generate current annual ad valorem tax revenue of approximately $255, approximately $65 of which would accrue to the City. City maintenance and other responsibilities of the property would terminate upon conveyance of City ownership, and sale proceeds would accrue. In response to a question, the City Attorney said competitive bids have been received for this property. It was questioned how much money is in the surplus revenue fund. Amendment No. 1 to Joint Project Agreement with County for utility installation by roadway contractor for construction of Sunset Point Road, from US 19 to McMullen-Booth Road, revising method of payment & reducing County CEI costs from 8% to 5% (Consent) On August 7, 1997, the City Commission approved the JPA (Joint Project Agreement) for Utility Installation by Roadway Contractor for Construction of Sunset Point Road from US 19 to McMullen-Booth Road. In the interim, Pinellas County has revised the method of payment for JPAs. The new method requires deposit of funding into a trust account for the purpose of payments by the County to the Contractor. This is the method currently used by the Florida Department of Transportation for all JPAs. Interest will accrue to the account and be available for project costs if needed. Any unused money in the account, including interest, will be refunded to the City upon completion of the project. This amendment reduces the County’s construction inspection and engineering cost from 8% to 5%, due to reduced administration. This project will start on or about May 1, 1998, and be completed within the contract time of 250 days. In response to a question, Mr. Gary Johnson, Engineering Project Coordinator, said the agreement reduces costs by 3% and reduces paperwork. Full time inspection is ongoing on the project to ensure construction to standards. A $370,000 deposit is required by the City. CP CENTRAL PERMITTING The City Manager introduced newly hired Central Permitting Director Lorenzo Aghemo. Mr. Aghemo said he is pleased to be in Clearwater and excited about the challenges ahead. (Cont. from 4/16/98) Variance(s) to Sign Regulations for property located at 235 Windward Passage, Island Estates of Clearwater, Unit 5, Blk D, Lots 1-3 (Quality Boats of Clearwater, SV98-08) Senior Planner John Richter said a math error exists on the information regarding this variance. He will revise the item to reflect a variance of 140 square feet to allow signs with an area of 204 square feet. Public Hearing & First Reading Ords. #6266-98 & #6267-98 - Land Use Plan Amendment to Residential Medium & RM-12 Zoning for property located at (proposed) 1484 S. Greenwood Ave., Sec. 22-29-15, M&B 32.16 & part of 32.14 (Community Service Foundation, Inc., LUP98-02, Z98-05) The applicant is requesting a zoning change for its properties delineated by M&Bs 32-16 and 32-14 located approximately 180 feet north of the northwest corner of Woodlawn Street and south Greenwood Avenue. These properties are now vacant. The applicant is requesting a zoning change in order to allow the construction of 6 apartment units for Clearwater low income residents. It would also allow the applicant to donate 10,871 square feet of the south portion of these properties to the City for the construction of a Neighborhood Family Center and a Police Substation. According to the applicant, $385,000 in SHIP (State Housing Incentive Program) funds has already been approved for the construction of these facilities. The subject lots are presently zoned Multiple Family Residential “Eight” (RM-8) with a compatible land use plan classification of Residential Urban. The RM-12 zoning district is proposed in order to allow the proposed density. The Future Land Use Plan Classification of Residential Urban will be changed to Residential Medium to conform with the proposed zoning district, and compatible with the County-wide Future Land Use Plan Classification on adjoining properties to the north of the subject lots. The proposed Land Use Plan Amendment will not have any significant impact on the services in the area. The total land area for the subject site is 22,652.2 square feet, which is under one acre and less than the minimum 4 acres required to establish a new Multiple Family Residential “Twelve” District. While the site is under 4 acres, the proposed rezoning will be an extension to a predominantly residential RM-12 zoned neighborhood. Therefore, the request to rezone these lots to RM-12 would be consistent with the adjoining land use pattern to the north, and compatible with the existing contiguous RM-12 zoning district. The proposed facilities when completed will serve a public interest. The construction of the proposed apartment units for the low income residents will contribute to the reduction of housing needs for this group of Clearwater residents. In response to a question, Central Permitting Manager Sandy Glatthorn said she will provide the Planning & Zoning Board’s recommendation at Thursday’s meeting. In response to questions, Deputy City Manager Rice will find out if the units will be on the tax rolls and if the City is funding the total project through SHIP. It was noted these are housing units for low-income residents. A suggestion was made to invite the Community Service Foundation to a future meeting to give a presentation regarding their organization’s function. Public Hearing & First Reading Ords. #6268-98 & #6269-98 - Land Use Plan Amendment to Office General & OG Zoning for property located at 1384 Pierce St., Sec. 15-29-15, M&B 14.01 (P.B. Horizon, Inc., LUP98-03, Z98-06) The applicant is requesting a zoning change for the property (M&B 14/01) located at the northwest corner of Pierce Street and Hillcrest Avenue. According to the application, the subject property historically has been used for general commercial/office use. That use has not changed. However, the property is zoned Multiple Family Residential “Twelve” (RM-12). The applicant is requesting a zoning change to General Office (OG) in order to bring the existing use into conformity with a permitted zoning district. The Future Land Use Plan Classification of Residential Medium will be changed to Office General to conform with the proposed zoning district. The proposed Land Use Plan Amendment will not have any significant impact on the services in the area. The applicant maintains that it would be a significant hardship and economically unfeasible for the property to be converted to a residential use. The application further indicates the structure located on the property was originally permitted as an office building and had not been put to any other use. Staff has no reason to dispute this assertion. The total land area for the subject site is 9,583.2 square feet which is under one acre. Four (4) acres or more are required to establish a new Office General District. Although this property is under 4 acres, staff is in support of this rezoning due to the property’s proximity to General Commercial zoning district and the nonresidential style of the construction of the existing building on the property. Therefore, the request to rezone this property to OG would be consistent with the adjoining land use pattern to the north and east, and compatible with the existing contiguous CG zoning district. In response to a question, Ms. Glatthorn said the request is for an office use. In the 1950’s the property was used as an office. When the entire City was rezoned in the 1980’s, it was rezoned to Multiple Family with properties to the west. It remained as an office use for years, and within the last few years became vacant. It then lost its grandfathered status. An office development currently exists on the property. To the west is residential property and to the east along Gulf-to-Bay Boulevard is commercial property. This rezoning does not encourage residential properties. The OG zoning does not allow retail use, only office use. CG designations allow restaurants, bars, and retail establishments. A question was raised if the current footprint would work in OL (limited office). Staff will research for Thursday night. Public Hearing & First Reading Ords. #6270-98 & #6271-98 - Land Use Plan Amendment to Residential Office General & OL Zoning for property located at 1261-1283 Lakeview Rd., Cleveland Grove, Blk 7, Lots 62-64 and Boylan Sub., Lots 1-3 (Harry Free, TRE / Valeri Hofmeister, TRE / Merle Blasjo, TRE, LUP98-04, Z98-07) The applicants are requesting a zoning change for Lots 62 - 64, Block 7, in Cleveland Grove and Lots 1 - 3 in Boyland Subdivison generally located at the southwest corner of Boylan Avenue and Lakeview Road. These lots are now vacant. The applicants are requesting a zoning change from Multiple Family Residential “Eight” (RM-8) and Single Family Residential “Six” (RS-6) to Limited Office (OL) district in order to develop these properties into office type use. The Future Land Use Plan Classification of Residential Urban will be changed to Residential/Office General to conform with the proposed zoning district, and compatible with the Countywide Future Land Use Plan Classification on adjoining properties to the west of the subject lots. The proposed Land Use Plan Amendment will not have any significant impact on the services in the area. The total land area for the subject site is 32,234.4 square feet which is under one acre and less than the minimum 4 acres required to establish a new OL District. However, the proposed rezoning would be an extension into the existing OL zoning district to the west of the subject site. It will also result in consolidating this land corridor into one compatible zoning district and land use plan classification. The request to rezone these properties to OL would be consistent with the adjoining land use pattern to the west and compatible with the existing contiguous OL zoning district. It will also eliminate zoning fragmentation which has characterized this area. In response to a remark, Ms. Glatthorn said neighborhoods would prefer office zoning on this site. CLK CITY CLERK Neighborhood & Affordable Housing Advisory Board - 4 appointments This item was pulled from Thursday night’s agenda to obtain additional applicants. Concern was expressed a financial disclosure form is not required to be submitted by this board. In response to a question, City Clerk Cyndie Goudeau said the State determines which advisory boards are required to file financial disclosure forms. In the past, the City has abided by the State’s decision. The City Attorney said advisory boards can be required to file City disclosure forms. St. Petersburg/Clearwater Economic Development Council - Reappoint Mr. Evans (Consent) It was questioned if Mr. Evans is a resident of the City. His business is not within the City limits. It was preferred to appoint someone who has a financial stake in the City or who is a resident of the City. CA LEGAL DEPARTMENT First Reading Ordinances Ord. #6281-98 - Relating to Firefighters Supplemental Trust Fund; amending Ch. 2, Div. 4, Firefighters Pension Plans, Subdivision III, Supplementary Pension and Retirement Plan, Secs. 2.441 through 2.450 In response to a question, the City Attorney said the ordinance will bring the plan into compliance with the tax code to become a qualified plan. Current pending legislation and benefits will not be affected. In response to a question, Commissioner Hooper said if vested, additional and supplemental retirement and termination benefits are received by firefighters who are fired. Ord. #6287-98 - Relating to fortune telling, etc., repealing Sec. 21.04 to delete prohibition of fortune telling, phrenology, palmistry, astrology, clairvoyance, divine healing & mental healing Recently, the Clearwater Central Permitting Department referred 2 persons to the Assistant City Attorney who had been denied occupational licenses. One person wanted to engage in the business of telling fortunes; the other, preparing astrological charts. Central Permitting denied the issuance of the licenses based on Section 21.04, Code of Clearwater, which makes it unlawful for any person to do business as a fortuneteller, phrenologist, palmist, astrologer, character reader, clairvoyant, divine healer, or mental healer for hire in the City. Similar ordinances have been held to be an unconstitutional violation of a person’s right of free expression. The courts have declared ordinances similar to Clearwater unconstitutional for the following reasons. Fortune telling and astrology involve the communication of a message directly from the fortune teller or astrology to the recipient. Consequently, the activity is a form of speech. Second, the activity is considered noncommercial speech for a profit rather than commercial speech, which is speech proposing nothing more than a commercial transaction and involving a solicitation of sales or advertising. The act of telling fortunes or reading astrological charts, however, goes beyond the mere proposal of a commercial transaction. It involves the exchange of information. The significance of the commercial-noncommercial speech distinction is that noncommercial speech can be prohibited only if the government has a compelling interest and if the regulation is the lease restrictive means to serve that interest. The compelling interest typically advanced by local government is that fortune telling and astrology are inherently deceptive and should be prohibited to protect the gullible. Recent court decisions, however, have rejected that interest as less than compelling. The reason is that under the First Amendment, the truth or falsity of noncommercial speech must be determined in the marketplace of ideas rather than by a governmental censor. Moreover, courts have been determined that blanket prohibitions against fortune telling and astrology area not narrowly drawn to serve the governmental interest of preventing fraud because less drastic methods exist to promote that interest such as state laws prohibiting fraud. For example, Section 812.014, Florida Statutes, makes it unlawful for a person to knowingly obtain anything of value by fraud, by willful misrepresentation of a future act, or by false promise. In response to questions, the City Attorney said this issue came up due to a permit request. She believed these type businesses are not currently limited through zoning. Concern was expressed in limiting these businesses without establishment of an adverse secondary impact. Conditional uses can be reviewed on a individual basis. It was noted a number of these businesses are opening in other cities. In response to a question, it was indicated these type businesses are not covered under the Department of Regulations; however, churches, psychiatrists, acupuncturists, etc. are. It was noted many churches have divine healing and mental healing. Discussion ensued regarding churches not being restricted by the current code and it was indicated the new code may look at churches operating in commercial areas. This item was pulled from Thursday night’s agenda and will be brought back at a later date. OTHER CITY ATTORNEY ITEMS Request for attorney/client session re Lois Maroon v. City The City Attorney requested two attorney/client sessions regarding Lois Maroon v. City and Gilford v. City be scheduled for May 18, 1998, at 9:00 a.m. Consensus was to schedule. Discussion - Transit Shelter Ordinance The City Attorney said this item is for discussion only. A preliminary draft of the ordinance has been given to the Commission. Public input will be received at Thursday’s City Commission meeting and prior to adoption. She noted Mr. Charlie Siemon will give an overview of the status of the transit shelter ordinance and proposed settlement. A request was made for the number of shelters currently existing in the City owned by Eller Media and PSTA. The City is hoping to have the transit shelters add value and distinction to the surrounding area. Where the transit shelter is erected within an area designated as a corridor plan requirements are specified. Discussion ensued regarding the placement of the shelters. In response to a question, the City Attorney said there may be some Eller transit shelters that do not contain advertising. In response to a question, the City Attorney said no specific limitation on transit shelters has been determined. It is anticipated a specific number will be agreed upon after completion of the survey. A limitation on the number of shelters with advertising was suggested. Concern was expressed in locating shelters in single family residential districts. It was requested the Commission have the discretion to decide if shelters can be constructed within 1,000 feet of single family residences. In response to a question, the City Attorney believed PSTA determines the placement of shelters in locations and are required to obtain a City permit prior to construction. Currently there is no limitation on the number of shelters that can be built. Information was requested regarding what the City has spent to date in legal fees regarding Eller Media. A question was raised regarding what control the City has over the shelters being permitted. City Manager Verbal Reports The City Manager noted today is Deputy City Manger Kathy Rice’s last meeting. She is leaving to accept a position as City Manager of Waco, Texas. Ms. Rice said she has had a wonderful 9 years with the City. She has enjoyed working with the City Commission. She has seen Clearwater’s reputation grow over the years. She invited everyone to visit her in Waco. Commission Discussion Items Mayor Garvey thanked Ms. Rice for her efforts over the years. She appreciated Ms. Rice’s “getting things done.” Commissioner Clark said Ms. Rice is a task, free spirit person and he echoed the Mayor’s sentiment. Commissioner Clark noted the public hearings regarding the LINKS project have been canceled. Commissioner Clark complimented Harbormaster Bill Held for his efforts on the new sign at the Clearwater Marina. Commissioner Hooper thanked everyone involved with the Clearwater Airpark’s open house and Fun ‘n Sun festivities on Saturday. Commissioner Hooper said it has been a pleasure to work with Ms. Rice and wished her well and said he will miss her. Commissioner Johnson suggested the Commission consider reduction of parking tickets if paid within a 24 hour time period. He requested information regarding what percentage the City receives from the tickets. Commissioner Johnson strongly recommended the City endeavor to take over the Courtney Campbell Causeway beach. He expressed concern regarding parking, jet skis, and other dangerous problems at that location. Commissioner Johnson commended Clearwater Gas System Managing Director Chuck Warrington for the fine report he gave. Commissioner Seel said she will miss Ms. Rice. She thanked her for her thoroughness, attention to detail, and for always “getting the answers”. Commissioner Seel thanked Parks and Recreation and all who participated in Fun N Sun promotions. She said there were record crowds Saturday. Commissioner Seel said the Commission received a letter regarding traffic flow. The City is in the process of revising traffic timing with the County. Mayor Garvey requested the Commission begin thinking about a place to display and store all the gifts that come through the Commission’s office. Ruth Eckerd Hall displays such items on a rotating basis. She suggested building a historical museum near the historic Plumb House. The meeting adjourned at 10:44 a.m.