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12/19/1990 - Clearwater Beach Blue Ribbon Task Force . . . MINUTES CLEARWATER Beach BLUE RIBBON Task Force DECEMBER 19, 1990 Mem):)ers Present: Chairman Deegan, Ms. Garris, Ms. Tiernan, and Messrs. Doran, Fowler, Henderson, Homer, Keyes, Little, McDougall, and Rosenow Mem):)ers Excused: otto Gans, Major Martin, Don Seaton and Walter Wellborn Also Present: James M. Polatty, Jr., Director of Planning and Development The meeting was called to order at 7:00 p.m. by Chairman Deegan in the Boardroom of the Sea Stone Resort. A motion was made by Mr. approve the November 20 unanimously. Fowler, minutes and seconded by Mr. Keyes, to as amended. Motion carried The Chairman reminded the group of the follow-up work that needed to be completed as listed on the agenda. ISSUE SIX: PLANNING/ZONING/LAND USE (continued) - Anne Garris Walter Wellborn John Bomer John Homer, filling in for Walter Wellborn, handed out the subcommittee's written reports covering: 1) enforcement of noise, cruising, panhandling and vagrants; 2) report on FEMA Regulations as to renovations and improvements on Clearwater Beach; 3) report on loose ends including a sign ordinance, dream ideas, an alcoholic beverage ordinance, and communicating with other agencies; and 4) a newspaper article on Fort Lauderdale with regard to panhandlers, all of which are on file in the Task Force document book. He then went over the report on enforcement of noise, etc. with the group explaining that the noise being complained about was coming from stereo radios blasting in cars parked or cruising the streets. The subcommittee suggested the following recommendations: Noise Recommendations: 1. Increase fines to $75 for first offense and then let the multiple fines take effect, i.e. 3rd offense equal 3 x $75 or $225. 2. Encourage City Commission to use dollars collected from fines obtained from noise violation to be immediately reinvested into the training of additional personnel, acquiring more equipment, expenses of enforcement on a consistent basis, and purchase of software to track multiple offenses. . . . cruisinq Recommendations: 1. Task Force should request the immediate drafting of a cruising ordinance using the suggestions of the previous subcommittee on how to draft the anti-cruising ordinance. 2. Oppose the removal of sidewalks as a method of controllinq cruisinq as these are used by the tourists in the Gulfview area. 3. Oppose the use of one-way traffic on Gulfview at this time as the anti-cruising ordinance may solve the problem. Panhandlinq and Vaqrants Recommendation: 1. Request City to have the Causeway (right of way) declared a public park; then police can remove vagrants from the mangroves. In discussion the subcommittee stated they felt the anti-cruising ordinance would take care of the noise problem and would also address one-way streets. The Chairman reminded the group that the subcommittee on traffic recommended one-way streets and the next committee built on that, and he wondered how cruising became a part of this subcommittee. Mr. Homer replied it was part of their report in addressing cruising enforcement, and that they were recommending a cruising ordinance and not one-way streets. He felt the traffic engineer would come out in favor of one-way streets for Gulfview and Coronado; however, their subcommittee opposes one- way streets as a way of addressing the cruising problem. with regard to the panhandling recommendation, they would like to have the state declare the right-of-way area along Memorial Causeway public park land, so the police can enforce removing the vagrants from it. The Task Force tentatively approved the above recommendations with the underlined changes. Mr. Homer presented the FEMA report and the recommendations from their subcommittee: following 1. Either request the City to have the legislative committee lobby to change the state law as to the word "cumulative" or to change interpretation bY City of state law at the local level similar to the communities of Daytona Beach, New Smyna Beach, and Vero Beach. 2. Clearwater should lead the way in forminq a coalition of Beach communities to lobby the legislature for removal of the word "cumulative" from the state regulations (cite'. Clearwater Beach Blue Ribbon Task Force 2 December 19, 1990 . . . 3. Allow routine maintenance, inclusive of replacement of roofs, etc., without a charge against the 50% maximum. 4. Removing from the City's Building Code all wording concerning "cumulative" and "the lifetime of the structure" after the state does the same. In discussion, Mr. Homer stated FEMA's purpose is to establish the 100 year flood plain, and that the 1500 ft. for barrier islands has nothing to do with FEMA. The figure 1500 ft. applies to the definition of a barrier island 1500 ft. from the coastal construction line. He further stated that "cumulative" or "over the lifetime of the structure" has nothing to do with FEMA, but they did make recommendations of limiting the 50% to make it every five years, but these were only suggestions. Mr. Homer stated Dr. Wellborn had pointed out to the subcommittee the difference between the state language of "cumulative" and the City ordinance language of "over the lifetime of the structure". Mr. Homer asked why was Clearwater interpreting the regulations different from other ci ties. Mr. Polatty stated the staff had surveyed many communi ties on their interpretation of the FEMA language, and based on that survey, did the first round of amendments, which added the "cumulative" provision and "over the lifetime of the structure" language. He stated that according to the City Attorney, the state law mandates that we follow the cumulative provision. Mr. Doran stated to be effective the state would have to delete their language from the regulations as well as the City from their ordinance. Mr. Polatty invited and welcomed the committee or anyone to assist the staff in changing the ordinance to be more conducive to redevelopment on the Beach. Mr. Homer explained that initially the City tried to satisfy FEMA and not run the risk of having their flood insurance dropped and to not have homeowners lose their loans. Ms. Garris related the procedure necessary to cancel the City's flood insurance stating the overall procedure takes approximately a year and a half. She stated the federal government can not cancel the insurance because of the City's noncompliance with the "cumulative" provision because it is a state regulation; but the state has no means of enforcing it. The group felt all the cities should be enforcing the regulations the same way and that more information should be obtained from the other cities. The Task Force tentatively approved the recommendations regarding FEMA with the underlined changes and additions. Ms. Garris presented the report covering the loose ends delegated to their committee beginning with the sign ordinance, which included the following recommendations: 1. That the City Commission appoint a special committee (post haste) to study the sign needs of Clearwater Beach in light Clearwater Beach Blue Ribbon Task Force 3 December 19, 1990 . of the recommendation for architectural integrity and create a sign code to apply to all of Clearw~ter Beach, not just the Beach Commercial District. That this committee consist of a planning official, an architect, a representative of a reputable sign company and three Clearwater Beach residents and business people. 2. That this code have in it a sunset clause for current nonconforming signs. 3. That enforcement of the current code begin at once wi th penalties for violations which can be demonstrated to have occurred since the inauguration of the current code, with the help, if necessary, of a committee of Beach citizens. In discussion, Mr. Polatty advised that a new sign code is now in effect, which states all signs must be conforming by October 1992; however, billboards along Gulf to Bay will be exempt until 1997. Ms. Garris pointed out that Clearwater Beach requires special treatment as some of the signage in Clearwater wouldn't work well on the Beach, e.g., neon lighting, and free standing signs off the building which identify the building behind it. It was also stated signs should be in conformity to the architectural theme suggested for the Beach. The group would like to see restrictions on window signs, but felt it would be difficult to enforce. . The Task Force tentatively approved the sign recommendations. Ms. Garris presented the Proposal for Changes to Alcoholic Beverage Ordinance As It Relates to Clearwater Beach, which included the following recommendation: 1. The Planning and Zoning Task Force recommends that the City of Clearwater be requested to make Clearwater Beach a separate zoning district in the Alcoholic Beverage Ordinance and that, in that district, certain appropriate distances be set which would apply only to that district and not to other parts of the City which have different needs and desires. We further recommend that these distances would not be subject to variance for any reason or by any governmental body. Ms. Garris stated the Beach is different from the mainland and has different needs and she would like them to be allowed to see what is best for Clearwater Beach without having to worry how it affects people on Highway 19. The group discussed the recommendation at length with some members stating the bars on the Beach were a real problem and violating the rights of people living close to them; while others stated these businesses had the right to operate in a commercially zoned area. . Clearwater Beach Blue Ribbon Task Force 4 December 19, 1990 . . . In answer to the Chairman's request for specific documentation to warrant the recommendation, Ms. Garris mentioned Sharkeys and the Beach Bar as examples of bars that had caused damage to others' property and businesses. She also mentioned that Lt. Palombo had convinced the Board, a hearing officer and a judge that it would be detrimental to the North Beach Community for Pick Kwik to have a liquor license. Mr. Keyes stated both Sharkeys and the Beach Bar are now out of business and that there are agencies already in place taking care of these type of problems. Some members felt the Alcoholic Beverage Commission took too long to correct problem situations. Discussion on distance requirements for alcoholic beverage licenses followed, and Ms. Garris stated these were very complicated and didn't really meet the needs of the mixed residential and commercial zoning. Mr. Homer stated that the granting of variances is the real problem. Mr. Little felt the cruising ordinance would cure this problem and he did not want to be overly restrictive so as to impede any new Beach business. Ms. Garris stated they were not recommending doing away with the use of alcohol on Clearwater Beach, but were asking that some recognition be given to the fact that people are sleeping next door to where people are drinking. It was generally felt there should be a tightening of the sprawling liquor business in keeping with the "charming" and "family oriented" reputation of the Beach. The Task Force tentatively approved the above recommendation, but suggested it be put in the form of recommending a study committee to determine what the specific needs are that make Clearwater Beach different from the rest of the City. Ms. Garris presented the report on Communication With other Agencies, which included the following recommendation: Because the mission of the Clearwater Beach Association is to represent all agencies of the Beach; because membership is open to all residents and business people on the Beach, we recommend that the Clearwater Beach Association be given this task. Thus, when anyone wished to do a big project, they could go to one central agency to get the combined reaction of the community. Both Mr. Little and Mr. McDougall thought they needed to give the City guidance through an on-going committee, but perhaps not the Clearwater Beach Association. Mr. Rosenow stated many of the recommendations coming from the Task Force would need some monitoring and recommended an on-going committee to be available for that purpose as well as being available as an information source for outside groups. It was thought an on-going Task Force of some of the present members as well as others who might be appointed to it would be preferred over an agency that already exists. Mr. Homer voiced the concern that a voluntary operation Clearwater Beach Blue Ribbon Task Force 5 December 19, 1990 . turning into a statutory operation might then become a Community Redevelopment Agency. The Task Force tentatively approved the recommendation, but will reword it to make it a group similar to the Clearwater Beach Association, which would be representative of the Beach and able to speak for the Beach. Ms. Garris presented the subcommittee's Dream Report with the following recommendations: 1. That the area around the pavilion be converted to a shady, grassy picnic and play area with picnic tables, play sets and, perhaps a shuffleboard court, or two. Here people could be at the Beach but shaded from the worst of the sun's rays during the daylight hours and enjoy quiet recreation during the evening hours. 2. As the pier 60 recreation area becomes used, we recommend that it be extended qraduallv southward to the South Beach Pavilion, providing visitors to the community something more interesting than parking lots to look at and more recreation to enjoy. We recommend that all the facilities be self operating and low key, with the exception, perhaps, of a carousel as a focal point to highlight one area. . 3. Certain handicapped parking and Pier 60 fishing lots may be located around the perimeter. The Chairman asked if this would be in accordance with the recommendation from the Market Niche/Competition/Attractions subcommittee, which was: 2. Encourage the City to aid in the development of a public Beach pavilion in the pier 60 area; and hope the City would give the pier concession a new look in keeping with the adopted theme. Ms. Tiernan from that subcommittee agreed it went along with it. She was, however, concerned about scheduling events at the pavilion if parking was restricted. Many in the group felt this would encourage riding the tram, and they should be limiting parking on the Beach. The Chairman called their attention to the survey done earlier where only 20% of the people surveyed wanted to convert parking into Beach area. Mr. Rosenow reminded the group this was a "dream" and as time goes, the emphasis could switch to gradually eliminating parking. Ms. Garris stated if they wanted to have Clearwater Beach as a "small place of enchantment", they would have to do a lot of things that may not be popular to restore enchantment to the Beach and this was one of things being suggested. She stated the Beach philosophy should change and they . Clearwater Beach Blue Ribbon Task Force 6 December 19, 1990 . . . should gradually move into areas of public recreation instead of parking. The Task Force tentatively approved the recommendations with the addition of the word "gradually" to No.2. The Chairman thanked the subcommittee for their excellent work in taking care of all the "loose ends", and for filling in for Dr. Wellborn. He was especially appreciative for their ideas on methods of paYment for some of the recommendations. Ken Rosenow presented a request to submit an early recommendation to the City commission for a cruising ordinance. He stated since the last meeting of the Task Force and their proj ection of a tentative timetable, he had discussed the possibility of a cruising ordinance with the Clearwater Beach Resort Owners Association, and they were 100% in favor of it. He stated he had been told because of budget cuts, the Police Aid Program had been eliminated, and if they followed the timetable set, it was unlikely that a cruising ordinance could be in effect before summer--leaving them in the middle of full season without the controls which were in place last year. He then suggested that the group forward to the City commission at this time the isolated recommendation that a cruising ordinance be written and presented so that it could be in effect during spring break. The Chairman stated he had spoken with City Attorney Al Galbraith, Police Lt. Sibbert and Joe Motta, a consulting engineer from Tampa, regarding this ordinance. He stated: 1) Mr. Galbraith is willing to cooperate with them and wanted them to submit a sample ordinance to him for use in drafting a Clearwater Beach ordinance; 2) Lt. Sibbert and Chief Klein are in favor of the ordinance and that Commissioner Regulski seems to be in favor of it also; 3) Lt. Sibbert says the City has funded the Police Aid Program for this year and it is still in effect on weekends only; 4) Lt. Sibbert has been interviewed, along with Cecil Henderson, by Wade-Trim, a consulting firm from Tampa, to get an idea of what this study would entail. The City Manager has been instructed by the City commission to review the program to see if by mid year some other way of handling it is feasible--perhaps by traffic flow, one-way streets, changing lights or signage. Wade-Trim should have a proposal to Cecil Henderson by the end of the week and the study will take from one to three months to complete. Mr. Deegan asked to have the study group talk with the Task Force subcommittee so they could support their recommendations, and the Task Force, in turn, could say they had talked with them and put the endorsement of the consulting firm hired by the City into their report. David Little reported on the model ordinances available and suggested a California ordinance be followed such as Modesto or Las Gatos, but without any reference to a warning ticket being issued. Clearwater Beach Blue Ribbon Task Force 7 December 19, 1990 . . . He reminded the group that Attorney John Blakely had told them they could do this as Clearwater is under home rule, but that it may be challenged later. The group agreed to give the City Attorney all the ordinances readily available and to secure others needed from the California cities mentioned as well as York, PA. The Chairman read a letter which he had drafted to the ci ty Commission for the approval of the Task Force, which included the following recommendation: That the city adopt a cru1s1ng control ordinance, comparable to those ordinances enacted in cities in California and York. PAl with fines of at least $125 for the first offense and in multiDles of $125 for additional offenses. and with no warnina tickets as that would make enforcement extreme Iv difficult and much more intrusive in the community. and that this be done as soon as Dossible so as to helD keeD thinas under control durina the upcomina tourist season. Mr. Rosenow suggested a further addition to the letter stating if the ordinance is enacted, the City enforcement budget would go down with this in effect. The Task Force unanimously approved the letter to the City commission with the changes in the recommendation as underlined. The Chairman stated he would hand carry the letter to the City Clerk on December 20 and have it faxed to the Commissioners. Ms. Garris suggested, since this was the first official act from the Task Force, it should be presented at the City commission meeting on December 20 during the time for citizens to be heard. The Chairman agreed to represent them at the meeting. The Chairman stated he would have a draft of the final report done around January 1, 1991, and they would need to meet twice in January to resolve all the issues. The dates of January 9 and 16 were agreed upon to finalize the report. Mr. Deegan stated he was unable to get the date of January 28 for the open meeting at the civic Center because a fishing class was scheduled for that time, and he tentatively reserved the evening of the 29th for the meeting. Ms. Garris volunteered to see if the class could be changed to another location so the meeting could be held on the 28th and would report back as soon as possible to Mr. Deegan. John Doran presented the final recommendations from the Theme/Beautification subcommittee and called attention to the changes. They are on file in the TasQk Force d~;um:;~_b,OOk. ~ The meeting adjourned at 9:30 p.m. ~ IJJQJ /~ Arthur X. Deegan, Chairman Clearwater Beach Blue Ribbon Task Force 8 December 19, 1990