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04/07/1994 (2)r ,. t :!,,.I:, �:'x, M,.,:;.. ;:�:s�r`�'.,,��i:;1R�.`?;y:: , . .' . • 'rt.:`��~" . . . '"'�s�;'.�•ci. v"'7'' . ' ,i,�-�iij.ik�:l`t;'fi1�` � . :%z`s,-;'s:. - . � ... Y»�:s ; .. .�3�� ',y�:='Ni1i..' � . , a;. r Cit� Coe�nmis��ar� . .. - o,�►,r�_ 'T j � ! :�:, :. v,. _ ��;; � � � ::-:. :�::v � � Q�.�.. d� y� � -�.�:: ;�:��;.::r -�E,.: . .�;� : ..4;. `+i4,• 5::� :ie�'7.r:'� � :±t . :aea`�� ' � . 4�>r"'. ' , . . , '' . . . { � � � 4� i� i t �' 4':: �� ,, ,;� ��:::: ; �..._... CITY COMMISSIOIV MEETING April 7, 1994 The City Commission of the City of Clearwater met in regular session at City Hall, Thursday, April 7, 1994 at 6:00 p.m., with the following members present: Rita Garvey Arthur X. Deegan, II Richard Fitzgerald Sue A. Berfield Fred A. Thomas Also present: Kathy S. Rice William C. Baker Miles Lance Peter J. Yauch Scott Shuford Cynthia E. Goudeau MayorlCommissioner Vice-Mayor/Cornmissioner Comrnissioner Comrnissioner Cornrnissioner Deputy City Manager Assistant City Manager Assistant City Attorney Acting Public Works Director Central Permitting Director City Clerk The QVlayor called the meeting to order and led the Pledge of Allegiance. The invocation was offered by Father Edward J. Mulligan of St. Brendan's Catholic Church. In order to provide continuity for research, the iterns will be listed in agenda order although noi neGessarily discussed in that order. 1TEM #3 - Service Awards - None. ITEM #4 - Introductions and Awards A Citation of Appreciation for service on the Historic Preservation Board was presented to Michael Sanders. Proclarnation: Library Week - Apri! 17-23, 1994. ITEM #5 - Presentations Howard Gr�th, Clearwater Housing Authority, presented a check in the amount of 510,00� as payment in lieu of taxes. Mr. Grath reported the Housing Authority received a 97% achievernent rating. He stated there are no vacancies in the public housing in Clearwater. He reported the Hamptons, acquired a year ago, is 88% occupied and will be 100% occupied by June. Ifi is in the black and is self-sufficient. minCC04b.94 1 4/7/94 Mayor Garvey requ�sted additional information regarding the Hamptons. Mr. Groth , stated it has 275 units and is located next to the former Kapok Tree and Ruth Eckerd Hali. He stated it was built 6 to 7 years ago and has remained rnostly vacant. When the Resolution Trust Company put the property out for bid, the housing authority made an offer and was able to acquire the property. !t is a project for 55 years or older individuals. He stated it has its own restaurant, a pharmacy is going to be put in, and many other amenities are available in the project. Jirn Nolan, Division 23 Kiwanis, announced plans for a Childrens Health Fair at the Long Center on April 30, 1994, from 10 a.m. to 4 p.m. He reported there will be five medical checks done on each child. Nick Detrona, a Springtime City Kiwanis, stated the various Kiwanis clubs are very excited about being involved in this program. He stated all 13 of the North Pinellas Kiwanis clubs, the Lions Clubs, the Sertorna Club, Rotary Club, Civitans, many privafie doctors, nurses, chiropractors, the City, the Long Cenfier, UPARC, the Pinellas County Health Center, March of Dimes and other clubs and private individuals are all involved in this prograrn. He stated it was fioped that 1 500 children could be served through fihe screening. Nathan Hightower, also a Springtime Kiwanis, stated tl�e scope of the project is massive and it has besn a tremendous joint effort. He requested the support of the Commission and the viewing audience. He indicated traffic contro! will be needed and this ; request wiil be made of the City of Clearwater. �'� ITEM #6 - Ap�roval of Minutes Regarding the February 3, 1994 minutes, Commissioner Berfield requested the tape be checked regarding her comment regarding ather municipaiities ordinances being less stringent. She indicated she thought this fiad been reported by the newspaper. Mayor Garvey pointed out a typographical error on page 20, the word "pattered" should be "patterned". Cornmissioner Berfield moved to apprave the minutes of the regular meeting of February 3, 1994 as corrected. The motion was duly seconded and carried unanimously. Cornrnissioner Berfield moved to approve the minutes of the regular meeting of February 17, 1 994, as re�orded and submitted in written summation by the City Clerk to each Commissioner. The rnotion was duiy seconded and carried unanimously. Regarding the March 3, 1994 minut�s, Commissioner Fitzgerald poir�ted out that on page 26, the second paragraph from the bottom, "business" should be "build+ng". Commissioner Berfi�ld questioned the tirne of the recess on page 14. The City Clerk indicated that the second time should be 8:56 p.m., not 9:56 p.m. Commissioner Fitzgerald rnoved to approve the minutes of the regular meefiing of March 3, 1994 as corrected. The motion was duiy seconded and carried unanimously. � minCC04b.94 4/7/94 �..� 2 u= ITEM #7 - Citizens to be heard re items not on the Agenda �� , Jackie Blango st�ted she is horneless and has a son. She stated she is concerned because she paid her rent and was still evicted. She has been diagnosed with MS and her son is trying to cope with her situation. It was during the tirr�e they were gone to Washington D.C. regarding the health care issue that the eviction notice was served. She stated she has been living out of her car. She thanked the many individuals who I�ave helped her. She stated she was still in need of a place to stay. City staff did call social service agencies and found Ms. Blango a place ta stay for the night and additional assistance. Steve Saliga stated he was representing the fufiure generations of Clearwater. He thanked the Commission for their actions to preserve the bluff. He stated he was one of two of the 15 members of the Maas Brothers Task Force that took the position at which the Commission finally arrived. He stated he believes that what is proposed for tf�e Maas Brothers building is what the people wanted. He disagreed with the consultant's report regarding a subsidy being needed for the convention center. He felt a profit could still be made. PUBLIC HEARINGS ITEM #8 - Public Hearinq - receive cornrnent re rates charged bv Vision Gable of Pinellas for basic service and for insfiallation and equipment on customer prernises (AS) On Novemher 8, 1993, the Commission adopted Ordinance #5491-93 to provide �`'� for the regulation of basic service tier rates and related equipment, installation and service charges of any cable television systern operating in fihe City of Clearwater. This ordinance states that in connection with such regulation, the City will ensure a reasonable opportunity for consideration of the views of the public. Tonight's public hearing will enable the public to comment on tf�e rat�s regulated by the City. Irvin Heiman stated Vision had breached their contract as they had promised basic TV at no monthly fee. He stated they are using the new Federa! legislation as an excuse to charge for basic service. He requested the Commission consider his comrnents. Eil�en Jacvbs commended Vision Cable for their prograrn, Healing America. She stated she witnessed the care and precision of Vision Cable. !t was her view Vision does an excellent job in public access. George Sanchez stated he was an attorney representing several people and thafi no (aw can be passed that would irnpair a contract. He stated Vision Cable is hiding behind the allegation that the Federal government pre-empts this and they are now forced to charge for basic service. He requested Vision Cable be rnade to honor their cr�ntract and those individuals that hav� been paying for basic service, be paid a refund. �� minCC04b.94 4-/7/94 3 Steve Saliga indicated the Commission has received several correspondences from �' him regarding Vision Cable. He stated a TV antenna would provide the same stations as basic service. He stated he paid Vision Cable $75 to install cable in his home in order to access channel 9 with a potential for additional channels at a later date. He stated they are now saying ihey have to charge for basic service and this is a breach of contract. He indicated that free basic service is in the County contract, not the City contract. ;=' ; �...... iTEiVI #9 - Public Hearing - ReQUest to vacate 10 foot portion of r-o-w of Court Street, lying north of Lot 46, Court Square Sub. (Balla, V94-02)(PW) The applicant is requesting the vacation of the 10 foot portion of right of way of Court Street lying north of Lot 46, Court Square Subdivision. The applicant is prc�posing to build a wooden deck for seating patrons using his adjoining restaurant. This petition has been reviewed by the various city tlepartments and divisions concerned. The Engineering Division objects to this request because it is used by pedestrians who traverse the area betwEen various public buildings and parking lots. The requirements by the State of Florida and the EPA for upgrading water quality treatment could require a location in this area for drainage improvements. Engineering could support the vacation of only that portior� of Court �treet right of way on which the existing building encroaches. Transportation GrQUp opposes the request because the meters for the adjacent city parking lot are fed from the sidewalk side by the users; and meter collection requires use of the sidewalk. All other departmenrts concerned had no objection nor did Florida Power, GTE and Vision Cable. Kathy Rice, Deputy City Manager, indicated staff I�ad devefoped an agreernent with the applicant, however, it was not received until late this afternoon and she questioned if the Commission wished to hear it. Consensus of the Cornmission was to proceed. Bill Baker, Assistant City Manager, stated Mr Balla was wanting to build a wood deck immecliately adjacent to the Court Strest right of way. He stated because staff believes this property may be rieeded for retention in the future, the recommendation was fio deny. He stated however, in working with Mr. Balla, there was no objection to him temporarily usiny this property for the deck. The agreernent, which is a license agreement, will allow him t� use this property for five years. At the end of that five years, th� agreement is renewable. Questions were asked regarding the location of the deck and its size. Mr. Baker noted, on a map, where the deck would be located. Scott Shuford indicated the praposed deck is 720 square feet. Camrnissioner Thornas questioned if this would be considered an expansion and call for impact fees and other issues. Mr. Shuford indicated it would and would result in revenue to the City. minCC04b.94 0 4/7!94 �� Commissioner Thomas questioned if the recommended agreement includes rental � income to the City. Mr. Balcer indicated because the agreement limited the use to five years and ifi was considered an improvement to the downtown area, that would increase the tax base, staff did not seek a rental fee. Commissioner Thomas expressed concerns regarding the agreement stating that at the end of the five year period, the agreernent would hold the City harmless should the City have to remove the deck, however, the City would be paying for that removal. It was requested the agreement be clarified that if the City removes the deck, they would be reimbursed for ti�at cost. Richard Zeller, attorney for Mr. Balla, stated he had no objection to that clarification. He stated if the Commission agrees with the license agreement, they will wifihdraw the vacation request. Chris Fergalli, stated he will be operating the restaurant. He stated there were a lot of downtown employees who want to sit autside to eat and this would make fihe dirier rnore attractive. Commissioner Berfield questioned the hours of operation. Mr. Fergaili indicated the facility would be �pen from 1 1:00 a.m. to 1 1:00 p.m. weekdays and 1 1:00 a.m. to 12:00 rnidnight on weekends. �° Commissioner Thomas stated he had a problem with not leasing the praperty to the ��•, restaurant. Mayor Garvey stated this would help downtown in a small way and she felt it was worthy of allowing the deck to be over city property. Commissioner Deegan stated a precedent has been set in allowing downtown businesses to have sidewalk sales, etc. He questioned a portion of the lease v�hich stated fihe property reverted to the City if Harrison's, which is the name of the restaurant, ceases operation. It was stated that if they try to sell the land, the decl< will not be a part of that offer. Commissioner Berfield expres�ed concerns regarding green space being eliminated by the deck and the new sidewalk. Mr. Fergalli indicated that grass and landscaping has been installed by the Ballas. Mr. Baker indicated that the green area provided seems to be sufficient per code. Commissioner Deegan moved to approve the license agreement with the amendment to clarify that the City would be reimbursed if they remove the deck. The motion was duly seconded. Upon the vote being taken; Commissioners Berfield, Deegan, Fifizgerald and Mayor Garvey voted "Ays," Commissioner Thomas voted "Nay." Motion carried. The vacation request was withdrawn. j�� rninCC04b.94 4/7/94 5 ITEM #10 - Public Hearing & First Reading Ords. #5554-94 &#5555-94 - Land Use Plan �� Amendrnent to Commercial General and CPD Zoning for pro,pertv located at 1201-1215 Drew St., Padgett's Sub., Lot 1(Uhrich, LUP93-19, Z93-08)(CP) The subject property is located at the soutt�east corner of Drew Street and North Missouri Avenue. The applicant wishes to rezone the property in order to provide additional options in its use. Originally, the applicant had requested a General Commercial zoning but due to concerns that this would permit too intense development on the property, the applicant has been worl<ing with staff and now proposes to have the property zoned Commercial Planned Development. The Planning and Zoning Board endorses the proposed future land use plan amendment to Commercial General and zoning atlas amendment to Commercial Planned Development. The property serves as a transition from the commercial use west of North Missouri Avenue and the multi-farnily residential to the east of the appficant's property. The property to the south has a future land use plan classification of residential office and is used for offices and apartrr�ents. The property also serves as a buffer between the major arterial routes and residential properties. Staff does not feel the present proposal will be a detriment fio the surrounding neighborhood. There are presently 30 parlcing spaces. The applicant states he has a building area of approximately 8,000 square feet. The site plan has modified the parking �; along fihe north property line, Drew Street, to meet staff's recorrimendations. The drive r�s� has been rnade one way, entering off of Jefferson Street and exiting onto Missouri Avenue. These modifications have reduced the total number of parking spaces to 25, which is adequafie for the proposed uses. An existing freestanding sign is in the middle of the property, along Drew Street. The sign is 48 square feet in area and has a height of 15 �/2 feet. The property is going to a cornmercial zoning and staff proposes that signage be in conformance with the requirements for the Neighborhood Commercial district, except for allawable height, which staff feels should be limited to 16 feet. Also, even though the property fronts on two arterial streets, the property should be lirnited ta one freestanding sign. The allowable sign area for the perrnitted freestanding sign would be 50 square feet. Attached signage would be as specified in the Neighborhood Commercial district, 48 square feet. Due to the properfiy being adjacent to a residential district, it is recommended outside ligfiting be restricted in a rnanner similar fio that specified for noncommercial parking, i.e., restrir,ted to a maximum height of 6 feet, should not project above the horizontal, and should be shieldecJ from surrounding residential properties by appropriate landscaping material. � minCC04b.94 ��., � 4/7/94 This condition, as well as all other r�commended conditions for the site plan, aTe ��~ attached as Exhibit A fio these minutes. Scott Shuford, Central Permitting Director, reviewed the proposal which has been worked out for the Commercial Planned Development. He stated the conditions address any concerns that staff may have and that the uses are compatible with the area. Julius Uhrich stated they plan to use the east building for offices, the back building for rnini storage, and the west building for inside retail, specifically a window supplier. Mayor Garvey questioned the ability to access the retail facility. Mr. Uhrich stated they would enter from Jefferson and exit to Missouri. Cornrnissioner Thornas questioned if Mr. Uhrich was familiar with all of the conditions proposed to be placed on the site plan. Mr. Uhrich indicated he was and he agreed with them. Comrnissioner Berfield moved to approve a land use plan amendment to Comrnercial General, CPD zoning for the subject property and the concepfi plan for the site. The moteon was duly seconded and carried unanimously. The Assistant City Attorney presented Ordinance #5554-94 for first reading and read it by title only. C�mmissioner Berfield moved to pass Ordinance �5554-94 on first readir�g. The motion was duly seconded and upon rol! call, the vote was: ��..�� , }_� "Ayes": Fitzgerald, Berfield, Deec�an, Thomas and Garvey. "Nays": None. The Assistant City Attorney presented Ordinance #5555-94 for first reading and read it by title only. Commissioner Fitzgerald moved to pass Ordinance #5555-94 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey. "Nays": None. The rneeting recessed from 7:19 p.m. to 7:23 p.m. ITEM #11 - Public Hearinq & First Readinq Ord. #5560-94 - RM-8 Zonin9 for propertv located at 1551 1555 & 1559 Druid Rd , Druid Groves, Blk A, Lots 1, 2& part of 3 together with vacated r-o-w (Shimer & Drapkin, Z94-01)(CP) Tl�e subject property is located on the south side of Druid Road, just to the east of Clearwater Community Hospital. The hospital has agreements to purchase this property contingent upon rezoning to RM-8 and obtaining a conditional use permit for non- commercial parking. minCC04b,94 4/7/94 7 � ,_. �5� The hospital is revising their existing site plan to include tl�e above described , property, and has subrnitted an ap�lication f�r a conditional use for non-commercial parking for this property. They intend to develop the proposed parking in accardance witi� the Land Developrnent Code, including landscape b�ffers along Dr�id Road and between the parking area and adjac:ent residential property. The hospital iG also proceeding with the purchase of the two residential properties to the east. This will extend their propPrty all the way to Crest Street to the east. Under a request yet to be filed, the hospital plans to expand the proposed parking lofi so it takes up the remainder of the block, from the Hospital to Crest Street. At this time, they are requestir�g rezoning only for the first two properties. As part of their proposed improvements, the hospital also plans to expand their out-patient surgery facilities. This is an expansion of the h�spital and may be considered an encroachrnent into an existing single family residential neighborhood. However, leaving the properfiy in a residential zoning ciassification minimizes the land use irnpact of the request, and added buffer controls can be established through the conditional use perrnit approvals. The hospital has been in contact with the surrounding property owners, and has rnet with interested property owners tQ explain the proposed impravements. On March 15, 1994, the Planning and Zoning Board endorsed the request for RM-8 zoning. A single neighbor voiced an objecfiion at this meeting, and requested staff research an easement existing across the property. This research indicated no conflict exists betwsen the easement and any proposed parking lot. ��. Scotfi Shuford, Central Permitting Director, reviewed the application stating the hospitai needs room to expand its parking. The RM-8 zoning allows parking as a conditional use and is the least intensive zoning that would accommodate the parking. H� stated this pari<ing will be for employees only and there wil! be access only frorn the hospitaf property, not Druid Road. He emphasized the parl<ing lot would have to be buffered. Commissioner Thomas questioned tf�e staternent regarding the hospital buying additional properties up to Crest Street and whether or not this would be added to the parking. Mr. Shuford indicated it would. Commissioner Thomas questioned if tt�is would reduce the value of the adjacent properties. Mr. Shuford felt that if the impact of the parking lot was controlled through site design, there woulci be no negative irnpact. Richard Kansiff, representing the hospital, stated it has worked for the hospital far 26 y�ars and it I�as experienced growth, particularly in ifis out-patient facilities. He stated the parking is ne�ded. He re�orted they have met with the residents to explain their pians and they do have contracts for the remaining lots on Druid Road. He presented overheads which sh��wed the oxisting pr�perty and renditions of the proposed �arking lot. i-�e stated landscaping will be provid�d. He stat�d the bacic part of fihe parking will be for emplo�ees only. �; minCC04b. �74 4/7/94 ,.�.4 8 �� A James Shaun, architect working for the hospital, reviewed the pro�osal and sta�ed access to the hospital will be from Highland Avenue. He stated there will be landscape € buffers and they will comply with retention requirements. � i Comrnissioner Thomas questioned if the surrounding properties had been notified of � � what is being requested. tt was indicated they had been. ; Cornmissioner Deegan announced that he had a conflict of interest as he is chairrnan of the board of directors for Clearwafier Cornrnunity Hospital. Comrnissioner Thomas moved to approve RM-8 zoning for the subject property. The motion was duly seconded. Mayor Garvey expressed concern regarding a sirnilar request being made several years ago which was denied due to concerns regarding expansion of the hospital into the residential area. Mr. Shuford indicated the hospital would not be able to use any floor area rafiio transfers as there is no density in a parking lot. Cornrnissioner Thomas stated he had the same concern but as no neighbors were here in opposition to the project, he would assume they have no co�ncerns. Comrnissioner Berfield questioned whether or not there could be multi-family development on the property. Mr. Shuford indicated that theoretically there could be, but it was not likely as they could not get any rnore units on the property than exist today_ - The Assistant City Attorney presented Ordinance #5560-94 for first reading and read it by title only. Commissioner Thomas moved to pass Ordinance #5560-94 on first reading. The rnotion was duly seconded and upon roll call, the vate was: "Ayes": Fitzgerald, Berfield, Thornas and Garvey. "N ays" : None. Abstain: Deegan Motion carried. ITEM #12 - Public Hearing re CRA Boundaries; Res. #94-26 - Adopting corrected map of CRA boundaries Mayor Garvey questioned whether or not there were any changes to the boundaries for the Community Redevelopment Agency (CRA>. Ms. Rice reported there were no changes frorn the intent �f the initial implernentation. The resolution simply cleared up some questions tl�at had arisen aver tl�e years due to ambiguous language regarding the boundaries. � minCC04b.94 4/7/94 �_. 9 . . . . . : �r�:�z�:�=�� :� r� ..:._ ��t The Assistant City Attorney presented Resolution 1#94-26 and read it by title oniy. F Commissioner Thomas rnoved to pass and adopt Resolution #94-26 and authorize the appropriate officials to execute same. The motion was duly seconded. Bob Wright stated a year ago, when proposed expansion of the CRA had been brought forward, the Clearwater Coalition of Homeowners had opposed this. He stated his concern was regarding whether or not this resolution changed the boundaries. It was indicated it did not. Mr. Shuford reported there was a lot of discussion a year and a half ago regarding expansion of the CRA and the decision was not to do so. However, once the amended downtown plan was submitted to the County, the County requested forrnal action to clarify tne legal description. Joe Evich expressed surprise that it took since 1981 to find out there was a problem with the lega! description. He emphasized the CRA should not be expanded and he questioned whether or not any back taxes would be owed to the CRA. Mr. Shuford indicated no back taxes would be owed as this is just a clarification of the legal boundaries. Commissioner Berfield questioned whether or not this was just giving a pictoriat representafiion rather than a verbal representation of the leg al description. Mr. Shuford indicated ifi was. �'°� ;:j Commissioner Deegan stated this was the sarne as correcting a scriveners error. ��;�, . Upon roll call, the vote was: "Ayes": Fitzgerald, Berfield, Deegan, Thornas and Garvey. "Nays": None. ITEM #13 - tCont. from 3/17/94) Public He�ring & First Reading Ord. #5536-94 - Amendinq Sec. 42.26� to establish maintenance standards for fences and walls (LDCA 93- 20)(CP) The Community Response Tearn has requested a code amendment be preparetl to require that fences and walls be maintained in a structurally sound and aesthetically pleasing manner. The Team is finding it difficult to require adequate fence rnaintenance, given current code language. The proposed amendment should provide the specificity needed to ensure adequate enforcement. Both the Planning ar�d Zoning Board anci Developrnent Code Adjustment Board recommenc.led approval of the proposed ordinance. y�� minCC04b.94 4/7/94 10 ��.� Mlayor Garvey expressed concerns regarding just a section of a fence being repaired ' and the ne w sect+on needing time to fade to match the rest of the fence_ Ms. Rice indicated this would not be an issue of part of the fence being painted antl part of it not being painted. Commissioner Deegan questioned the ability of staff to mandate attracfiiveness. Mr. Shuford indicated there are some as�ects that can be quantified such as the same color and whether or not it is in good repair. Comrnissioner Deegan questioned if staff was satisfied this was enforceable. Mr. Shuford indicated tF�ey were. Comrnissioner Thomas expressed the sarne concern as the Mayor stating if fences are put up as raw wood, he did not want a repair to be a violation as it �NOUId not be the same. Mr. Shuford indicated this was not the intent of the ordinance and staff would realize that there was some tirne needetl to reach the appearance. He stated the case that triggered this issue was a fence that had been install�d backward and when the neighbors complained, the individual was cited. The fence was turned around but then painted in a manner intentionally to upset the neighbors. It was requested that at second reading a sentence be added to deal with wood aging naturally. Howard Groth questioned why a 6 foot fence was not aifowed in the fronfi property �� but a hedge was. Mr. Shuford indicated hedge heights had been proposed to be regulated '� but the Commission had chosen not to. He stated there is a code that prohibits _; ��'' obstruction of sight. Cornrnissioner Berfield moved to approve a land developrnent code arnendment requiring proper maintenance of fences and walls. The rnotion was duly seconded and carried unanimously. The Assistant City Attorney presented Ordinance #5536-94 for first reading a�d read it by title onty. Cornrnissioner Deegan moved to pass Ordinance #5536-94 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Fitzgerald, Berfield, Deegan, Thornas and Garvey. "Nays": None. ITEM #� 4- Public Hearir,Q & First Readina Ord. #5557-94 - Amending Sec. 45.24 to revise standards for approval of variances (LDCA 94-01)(CP) The Development Code Adjustment Board continued their consideration of this itern, therefore the Cornrnissicn is also requested fio continue. �' minCC04b,94 4/7/94 �,_._ 11 , �� Commissioner Thomas moved to continue this item to May 5, 1994. The motion �' was duly seconded and carried unanimously. Public Hearinc1- Second Reading Ordinances ITEM #15 -(Cont. from 3/17/94) Ord. #5551-94 - Amending Sec. 40.367 to delete certain setback and building separation requirements in the Beach Comrnercial zoninc� district (LDCA94-04) The Assistant City Attorney presented Ordinance �#5551-94 for second reading and read it by titl� only. Commissioner Thomas moved to pass and adopt Ordinar+ce #5551-94 on second and final reading. The motion was duly seconded. Commissioner Thomas pointed out the Ecicerd store has agreed to parfiicipafie in the Pelican Walk development plan and a drive will no longer be needed within the Pelican Wall< development. Upon roll call, the vote was: "Ayes": Fitzgerald, Deegan, Thomas and Garvey. "Nays": Berfi�ld. Motion carried. ITEM #16 - Ord. #5556-94 - Relating to offenses, repealing Sec. 21.05 re disrobing in public The Assisfiant City Attorney presented Ordinance #5556-94 for second reading and read it by title only. Commissioner Fitzgerald moved to pass and adopt Ordinance #5556- 94 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey. "Nays": None. ITEM #17 - Ord. #5559-94 - Relating to city owned real estate; creating Sec. 2.665 to provide that conveyances of city owned real property contain a use restriction with right of reverter to city Commissioner Thomas moved to amend Ordinance #5559-94 on page 1, in Section 2.665: 1) change "property of the city" to "property owned by the city and located within the city limits."; 2) delete "ar other instrument of conveyance" after "deed" in the first sentence; and 3) add fil�e following sentenc;e: As an exception to fihe foregoing, real property of the city may be sold to another governrnental age�cy if a use restriction as described t�erein and right of rpverter to the city is imposed upon subsequent owners of f minCC04b.94 4/7/94 �`" � 12 ��-„ the property by the deed frorn the city. The motion was duly seconded, Upon the vote � being taken; Commissioners Berfield, Deegan, Thomas and Mayor Garvey voted "Aye," Cornmissioner Fitzgerald voted "Nay." Motion carried. The Assistant City Attorney presented Ordinance #5559-94 as amended for second reading and read it by title only. Commissioner Thomas moved to pass and adopt Ordinance #5559-94 as arnended on second and final reading. The rnotion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Deegan and Thomas. "Nays": Fitzgerald and Garvey. Motion carried. ITEM #18 - Ord. #5561-94 - Relating to offenses, repealing Sec. 21.08 re false reports of bombing The Assistant City Attorney presentetl Ordinance #5561 -94 for second reading and read it by title only. Cornrnissioner Deegan moved to pass antl adopt Ordinance #5561-94 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey. �p. _�� "Nays": None. Commissioner Berfield pointed out the reason this is being repealed is because the State law is stronger. ITEM #19 - Special Items of widespread public interest - None. ITEM #20 - Cifiizens to be heard re items not on the Aqenda Bob Wright questioned the negotiations on the East End project sfiating there has been no public information provided. He stated from what he reads, the City is considering building a$20 million facility and leasing it. He stated he supported selling the land and that the City should be out of the real estate business_ He requested public input and hearings be provided on this issue. Joe Evich requesteci that the proceeds from the sale of the Sun Bank Building be put back in the original funds. Mayor Garvey indicated staff has been directe� to do this. Mr. Evich stated he was not in fiavor of giving property away and he supported selling the East End property to put it bacic on the tax roll, He stated he felt the Stein Mart lease was a bad lease. He stated staff should be requested to tighten their belts during the budget process. �. � minCC04b.94 4/7/94 13 �� .. ,�,�_ �u,fi:., ., ��t a ��, CITY MANAGER REPORTS < CONSENT AGENDA (items #21-26) - Approved as subrnitted. ITEM #21 - Receiqt/Referral - Annexation, Land Use Plan Amentlrnent to Residential Low and RS-8 Zoning for propertv located at 19'12 East Skvline Dr., Skylin� Groves, Lot 57, 0.20 acres m.c�.l. (Buenaga, A94-07, LUP94-071(CP) ITEM #22 - Receiqt/Referral - Annexation, Land Use Plan Amendrnent fio Institutional and P/SP Zoninq for propertv located at 3110 McMullen Booth Rd., Sec. 21-28-16, M&B 23.12, 0,75 acres m.o.l. (City, A94-08, LUP94-08)(CP) ITEM #23 - Receipt/Referral - Annexation Land Use Plan Amendrnent to Residentia) Urban and RS-8 Zoning for proqerty located at 608 Madera Ave., Def Oro Gardens, Lot 9, 0.21 acres rn.o.l. (Schmidt, A94-09, LUP94-091(CP) ITEM #24 - Receipt/Referral - Annexation, Land Use Plan Amendrnent to Residential Low an� RPD-E Zoning for propertv located at 1404 Orange St., Sunny Park Groves, Blk G, Lot 17, 0.16 acres m.o.l. (Lowe, A94-10, LUP94-10)(CP) ITEM #25 - Receipt/Referral - Annexation Land Use Plan Amentlrnent to Residential Urban and RS-8 Zoninq,for propertv located at 3136 San Mateo St., Del Oro Gardens, Lot 23, 0.16 acres m.o.l. (Herndon, A94-1 1, LUP94-1 1►(�P) �°� ITEM #26 - Receipt/Referral - LDCA re revising p�rkinq standards for the Urban Center `�t!.= District (downtown) (LDCA 94-06)(CP) N.r,. Commissioner Thomas moved to approve the Consent Agenda as submitted and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. The meeting recessed irom 8:15 p.rn. to 8:29 p.rn. OTHER ITEMS ON CITY MANAGER REPORT ITEM #27 - Glen Oaks Golf Course a1 Staff Study & NGF audit re Glen Oaks Golf Course (PR) Ream Wilson, Parlcs and RecrPation Director, stated the reports were submitted on March 11, 1994. He provided an overview of the staff report sta�ing seven options were considered: a) th� City to operate course; b) lease course to nonprofit organization (Chi Chi Rodriguez Youfih Foundation, Inc.); c) lease course to for-profit organization or individualy d) develop an urban park; e� sell property to private sector for ofiher uses; f) City use property for other rnunicipal purposes; and g� redevelop property into combination residential/golf course. � minCC04b.94 4/I/94 ��..w. 14 ��>.::...: r��r�;n�.; � �� He stated staff recornmends option B, which is to continue the rela�ionship with Chi .� Chi Rodriguez. The advantages of doing this are the property would be preserved as open space, golf opportunities would continue ta be available to the general public and s�nior adults, the golf course operation would continue at no out of pocket cost to the City, an educational program is rnade available to disadvantaged youngsters from the Clearwafier area, and �the City receives national exposure as the result of the Foundation's educational programs. He further reported the National Golf Foundafiion (NGF) audit of fihe Glen Oaks Golf Course operation was cornplimentary. He stated the second option of staff would be option G, which would be to allaw townhouses to be construcfied around the course. He stated this would be an attractive option if it were beneficial to the City and no harm to the Foundation. He again stated the NGF audit had provided positive rernarl<s regarding th� operation of the golf course. He stated there were two recommendations; one, the financial reporting separate out the g�lf courses, and two, there be monthly reports regarding use at the facility. He stated they also recommended specific specifications regarding maintenance. Mayor Garvey questioned if any Commissioners had questions on th� reports. Commissioner Thomas stated his only comment would be that the drainage issues, the need for additional stormwater retention and recommendations regarding shade and �, drainage were not addressed. Mr. Wilson indicated that in an April � memorandum, it had •�� been noted tf�at drainage work is to begin in 1995 concurrent with work on Stevenson's Creek. He stated substantia! tree trimming i�as taken place at the course and more is to be done in cooperation wifih the City Forester. Commissioner Thomas agair� stated staff had not addressed the stormwater issue on tfie course and sfiated more water holes would provide for greater retention. He stated he had an architect`s rendering of how townhouses around fihe golf course might look. Mayor Garvey quesfiioned if the addition of townhouses would require more retention. Mr. Bal<er indicated it would. Commissioner Thomas questioned why staff did not address using the golt course for improved stormwater facilities. Nir. Baker indicated that with or without townhomes around the golf course, the lease provides the City with tlie right to make drainage impravements. Mr. Bal<er indicated staff has examined what would be done regarding drainage for the golf course witf� or without the townhornes. Commissioner Deegan questioned if there has been any effort to work with the Forester regarding trimming of fihe trees. Mr. Wilson indicated there had been but there needs tn be more trirr�rning. He stated oak trees are not good for golf courses. � minCC04b.94 4/7/94 15 �t� Commissioner Thornas questioned if the trimming would be paid for by the .A Foundation or fihe City. Mr. Wilson indicated the Foundation would pay for the tree trimming. Mr. Wilson reported architect Steve Fowler had estirnated $10,000 a hole in order to renovate the golf course if townhouses were developed. He indicated Bill Hayes, representing the Chi Chi Rodriguez Foundation, felt it would b� higher than that. He stated there were individuals he co�ld call to get more information. The Mayor pointed out a lo� of the irlforrnation provided indicates the course is being well run and to improve revenue with the townhouses would reduce service to the children. Commissioner Deegan questioned if one of fihe recommendations of the NGF was for the maintenance specifications to be made current. Mr. Wilson indicated it did recommend standard specificatio�ls. Commissioner Deegan questioned if Mr. Wilson endorsed this recornrnendation and Mr. Wilson indicated he did. Commissior�er Thornas stated the report indicates the golf course is not a Class-A course and that it is average, only slighter better than �Nhen the City mainta+ned it. He stated it can be rnad� into a better golf course. Mr. Wilson indicated thafi any golf course can be better rnair�tained. He stated, however, a par three course has small greens and there is more vvear and tear on the gro�ands. He sl�ted it does require a lot of maintenance. �� Ma or Garve y y questioned the cost wl�en the City operated the course. Mr. Wilson indicated the General Fund subsidized the golf course by 540,000 to 570,000 and tl�e cost kept rising. 1�1ayor Garvey questioned whether or not there were problems with the sprinkler systern� Mr. Wilson inclicarted the Foundation had installed a new system. Cammissioner Deegan questioned how often the greens and fairways liad been rebuilt. Mr. Wilson recalled several projects. Cornmissioner Deegan stated his basic question was whether or not the golf course was in better condition now than when the City maintained it. Mr. Wilson indicated it was. Commissioner Deegan questioned whether the NGF had expressed an opinion r�garding wt�ether tfie course was received an A, B or C grade. Mr. Wilson indicated it did not. Commissioner Deegan pointed out that the condition of the lease that the course be at least m�intained in the same condition as when the City operated it had been met. Commissioner E3erfield questioned if anyone with golf experience was on city staff when the City operated the course. Mr. Wilson incJicated that an individual had some experience but rnor•e was needed. Commissioner Berfield questioned the NGF's comments regarding the tees being a problem and questioned trying artificial turf for the greens. Mr. Wilson indicated fihis iiad been considered, however, the golfers had objected. Y minCC04b.94 4/7/94 �' 16 .�� b) Agreement with The Chi Chi Rodriguez Youth Foundation, Inc., for the Foundation's �� operation of Glen Oaks Golf Course for the period 4/7/94-4/6/99 (PR) ir� Decernber of 1993, rather than extending the Chi Chi Rodriguez Youth ! Foundation lease to operate the Glen Oaks Golf Course, the Cornmission approved ; extending the lease on a month to month basis and directed staff to corne back within 90 days with a report outlining various options as to how the property might be used. i Staff was furth�r directed to contacfi the National Golf Foundation (NGF) for an operational audit of the course. These documents were discussed in Item 27a. After considering the inforrnation from both reports, staff recornmends the City continue lease arrangements with the Youth Found�tion. The proposed agreement is for a new five �,rPar period and is similar to the current agreement except for dates and the following item�: 1) the current agreement had required the Foundation to malce payments to tf�e City for the Foundation's purchase of the irrigation systern. Since the�e items have been paid in full, these referer�ces have bee� eliminated; 2) in response to a recornmendation from the NGF, paragraph 9 includes wording about golf course maintenance being performed in a manner similar to specifications which have been included as exhibit B to the lease; 3) all insurance required by the Foundation remains the sarne except that the minimum limit under business auto �olicy has been reduced from $1 million to $500,000 pPr occurrence combined in single limits f�r bodily injury, liability, and property damage liability. This reduction was agreed to and approved by the City`s Risk Man�ger; and 4) paragraph 15 has been amended to �s require audited financial statements be provided to the City each year by Novernber 1 st, =='`F�' instead of Septernber 1 st, and it will include a balance sheet and incorr�e staternent relating to the operation of Glen C�aks Golf Caurse. Also, the Foundation will provide monthly financial and usage inforrnation for Glen Oalcs in a format that is acceptable to the City. These additional financial requirements are in response the NGF's recornrnendation. Robert Merkle, representing the Youth Foundation, stated the Foundation is a partner witf� the City in the operation of Glen Oaks Golf Course. The Foundafiion welcomed the scrutiny of the �taff and NGF studies. He stated the public has the right to know regarding the operations of the Foundation. He stated he is not in a position to engage in a political dialogue regarding the proposals for the golf course. He would welcome consideration of the lease. When discussing ratir�gs of the golf course, there are sorne things that can not be measured. He stated those looking at the golf course rnust bear in mind what the facility is and who it serves. He stated most people who use the course are an fixed incomes and consider Glen Oaks Golf Course an excellent facility. C�rnmissioner Thomas questioned whether or not Mr. (Vlerkle would deal with the issue of storrnwater and the townhouses. iVlr. Merkle said he had indicated he could nofi deal with the proposals. He stated when the lease is presented, t�e can react to those questions. ; minCC04b.94 4/7/94 ti� , 17 ��n .., Commissioner Thomas questioned if the Foundation objected to the townhouses. Mr. Merkle indicated he could not take a position on that. He stated the concerns would be the prospect of reconfiguring the golf course and the disruption of the course's operation and its impact on the Foundation. He stated according to the NGF audit, the golf course actually operates at a loss with the Foundation absorbing the deficit. Commissioner Thomas again questionEd if there was any objection to the townhouses. Mr. Merlcle stated tf�at it would be based upor� the impacfi on the programs. He stated if there is disruption of the programs, there is an escape clause in the lease. He questioned the ability to effectively marry the developrnent with the golf course operation. He stated the Foundation has put $200,000 into the property and if they are to continue to improve the facility, they must be assured that the programs will not be impacted. Comrnissioner Thomas indicated he had read that Mr. Hayes had recommended townhouses several years ago and that he was not objecting to the proposal. Comrnissioner Thomas questioned if Mr. Merkle had indicated that he could not easily quantify the success of the prograrn. Mr. Merkle indicated children are not rnarketable products that can easily be evaluated. Cornmissioner Thomas questioned how rnany of the children participating in the program lived in the City. Mr. Merlcle responded that out of the 132 participants in the afternoon program, 1 20 lived in Clearwater. He pointed out the progr�am serves as an adjur�ct to ti�e Pinellas County Schools and the program offered better choices for the future for these children. �� Cornrnissioner Thomas questioned the perceniage of children from Clearwater in the '°`� ° entire Foundation program. Mr. Merkle indicated this was not relevant as the issue was the Glen Oaks Golf Course. He restated tha� out of 132 participants in the afternoon program at Glen Oal<s Golf Course, 120 lived in �he City of Clearwater. He stated he was not prepared to respond regarding the participants at the Countryside facility. Commissioner Thomas asked if Mr. Merl<le would provide him with an answer regarding the number of children in the entir� prograrn. Mr. Merkle stated it was not a relevant question as t'�e issue at hand was the Glen Oaks Golf Course. Mayor Garvey stated that problem children have no boundaries and it was better to deal with them now than in the future. She stated the issue is th�t the Foundation is running the golf course and that is helping children. Commissioner Thomas questioned if there were comparative statistics on the youth served and what is being accomplished. Mr. Merkie indicated that this would require the Foundation to have information regarding what has been accomplished by y�uths that are not in the program. Cornmissioner Tt�amas questioned if the program was of greater service than a baby sitiing service and if the Foundation could quantitafiively prove the benefit to the participants. Mr. Merkie indicated he did not feel the Foundation should be judged on whether indivi�uals becarne chief executive officers or police officers. He stated the � minCC04b.94 4/7/94 18 �_:K;:�;,;�.;;, �.��Y�. schQOls send the youths to the Foundation because they are not doing well in the school environment. He stated the Foundation helps these children but can not guarantee their success. He stated the measure of the effectiveness of the Foundation is the fact that the Pinellas County Schools perceive an increasing need for the Foundation. Commissioner Deegan pointed out the information Commissioner Thomas was looking for was on page 26 of the report. He stated it indicated youth participating in the program had increased attendance, grades were up, and there were other improvements. He stated the School Board would not back the program unless it was worth continuing. Commissioner Thomas questioned if the youth have measurable goals and objectives. Mr. Merkle quesfiioned i� that was a necessary question. He stated the first goal is the improvement of the children at school and it has been shovvn the children do improve. He stated there is 100% attendance at the full time program at Countryside Highschool and that, in and of itself, is an astounding success story. He stated there are a variety of prograrns within the Foundation and the children are rated and rewarded for their participation. The tutors in the program are certified teachers. Social skills are also taught as well as health programs. He stated there are measurable results. The children are provided incentives with rewards of such things as trips to Busch Gardens, rnuseums, etc. He stated the concept of the program is to turn these problem youth into law abiding tax payers. He indicated they are taught self esteem and other worthwhile principals. Commissioner Thomas asked if Mr. Merkle would have a problem with sharing a list of the objectives of the students. Mr. Merkle indicated he �Iready had. Commissioner �i Thomas requested the list in writing. Mr. Merlcle said if it was available in writing, he �- would provide it. Commissioner Thomas quesfiioned if there was a judge or audit of perforrnance independent of the Foundation. Mr. Merkle indicafied the Pinellas County school system is by the fact they provide students to the program. Commissioner Thomas questioned whether or not they were a j�.�dge of whether the Foundation met its goals. Mr. Merkle indicated the School Board has people on premises monitoring the progress of the children daily. He stated the Foundation also meets with the parents regarding fihe program and meets with the schools. He felt the success of the Foundation was a self evident truth. He felt thafi the questions being posed, if not harassing, were irrelevant. Commissioner Berfield questioned whether or not there were any more recent reporfis from the School Board than the one that was provided in 1983-g4. Mr. Merkle indicated there were not as the Schonl Board was so impressed at that time, they felt the program had demonstratecJ resounding validation and participation in the prograrn was increased. He stated they are considering a longitudinal study at Countryside bufi that is not practical at Glen Oaks. � minCC04b.94 4/7/94 w.... 19 r Commissioner Berfield questioned Mr. Merkle's statement that what is done �~Y' elsewhere has no bearing on the program at Glen Oaks Golf Course. Mr. Merkle indicated that any questions that can reasonably be answered have been. He said beyond that it is an inquisitian. Commissioner Berfield stated the questions were just indicating a need to know regarding the whole Foundation organization. She stated Mr. Hayes did write a letter and mentioned looking at townhouses. Mr. Merkle indicated Mr. Hayes may have done so but that Mr. Merkle had no position on this. He stated whatever is decided, the impact on the Foundation's ability to operate the golf course will be important. He stated the Foundation realizes they are on the receiving end of the City's good graces and they would not stand in the way, but there are concerns regarding the irnpact of the operation of 1:he Foundation. Commissioner Berfie{d questianed whether or not there had been any views expressed regarding a joinfi operation. Mr. Merkle indicated there had been no formal discuss+ons but that persona{ly, he perceived it as a serious problem. He stated that fiirst the Commission had to reach a conclusion regarding the viability of the townhouses. Mayor Garvey stated she was opposed to the townhouses as she felt they would be negative to the City and the Foundation. Commissioner Berfieid questioned if Mr. Hayes had ever talked to Mr. Wilson regarding the concepY of the townhouses. Mr. Wilson indicated he had not at the time f> that Mr. Hayes had mentioned this. He stated that when the report was being put together, Mr. Hayes had indicated the concept would be expPnsive and he expressed concerns regarding where the goif course would be torn up. He stated in talking to Mr. Fowler, who had drawn up the plans for the townhouses, the townhouses would consume approximately 5 acres and the course would loose the driving range. He stated the Foundation has not expressed an absolute yes or no and is willing to discuss the concept. Commissioner Thornas stated the townhouse issue needed to resolved before the lease was addressed. He stated he brought up the idea because the City's revenue is declining. He stated the perirneter townhouses would not be harmful to the course and this wouid rec�uire a referendum and he felt the citizens shoulc+ have a vote. Mayor Garvey pointed out that the golf course is green and open space in an area wherE there is not a great deal of it. She stated the golf course is well used. O'Neil Jacobs stated he was with the be9inning of the Upper Pinel4as Association for Retarded Citizens (UPARC) movernent and they were criticized. He stated however the community responded because it has a heart and not dollars in its eyes. He stated for 13 years he has conducted Camp We Can Do and there is no price that can be placed upon it. He stated there is not room for tov�nhouses and green space is needed. �' rninCC04b.94 4/7/94 ��' 2 0 Chuck Pollick stated prior to the vote several things needed to be reviewed. He felt �'' that Commissioner Deegan should abstain from voting as he is a mernber of the Foundation Board. He stated there was a need to look at the property as the Cornrnission is entrusted with making decisions for Clearwater. He stated it is a disgrar.e that it is not looked at as a water problern. He stated what needed to be considered was what ta do for the people of Clearwater and the disadvantaged children. He stated the whole property needed to be better examined. Commissioner Deegan pointed a�t that when the Commission appoints a rnember to serve on a Foundation, it is within Commission rules this is not a conflict of interest. He stated if a Cornmissioner �erves on a board of another agency of their own volition, they are required to abstain frorn voting. Jean Dunlcin stated that in 1 985 to 1987 sfie took her son to the Foundation and was able to observe it +n operation. She stated she becar��e a volunteer and she w�s very impressed with the Foundation. Sf�e was amazed at the benefit to children and the reward� systern is very organized a��d all of tl�e children won some reward. She stated the children are taught social skills and are expec�ed to be considerate of others. Geri Doherty stated she wanted to preserve the apen space that is left in C{earwater. Sh� lives one ho�se away from the golf course. She stated whife she understands money is irnportant, other things are irnpartant as well. She stated the golf course is a jewel in the rnitldle of Clearwater. She reported most of her neighbors do not want the townhouses and if it is done here, it will open the door to other development. ��- < :7w� � Mike Oszust stated he has owned the house at the corner of Turner and Evergreen for 30 years and that every 1 0 years this discussion comes up. He stated the Commission needed to make tt�eir minds regarding whether or not this was going to be for recreation or to make rnoney. He stated he did not feel they couid have both. Mayor Garvey questioned whether or not there was support for the townhouse cor�cept. Commissioner �itzgeraid stated he felt this had been a tempest in a teapot and it should have been resolved rnonths ago. He stated he does r�ot support the townhouses and the City should not be in the development business. He stated he would like to see the Foundation continue to operate the golf course. He felt it provided immeasurable good in youth prograrns and there was arnple evidence to prove this. Commissioner Thomas moved to create a referendurn issue to decide if the City should put perirneter townhouses around the golf course. Ti he rnotion was duly seconded. Commissioner Deegan indicated he has spent considerable time reviewing this issue. He stated i�e disagreed with Commissioner Fitzgerald that all the information did not need to be gathered. He stated the City now has good data on which to base its decision. He stated the lease is requiring the Foundation to do a better job of reporting, not only financially, but u�age of the course and there is going to be an added requirement ; min CC04b. 94 4/7/94 ;a: �' 21 � �'wti� regarding maintenance. He stated the concern regarding the City not getting enough r` �� return was short sighted in that it ignored the dollars invested by the Foundation and the good the program provides to the youth and the older golfers. He stated the benefits outweigh the disadvantages many times over. He was not concerned regarding the age of the study by the School Board as they found it to be v�luable in the first year. He stated there are reams of anecdotal information to speak to the success of the program. Upon the vote being taken; Commissioner Thomas voted "Aye," Commissionars Berfield, Fitzgerald and Deegan and Mayor Garvey voted "Nay." Motion fai6ed. Commissioner Deegan rnoved to approve the agreement between the City of Clearwater and the Chi Chi Rodriguez Youth Foundation, Inc. for the Foundation's operation of Glen Oaks Golf Course for a five year period from April 7, 1994 through April 6, 1999 wifih the understanding that the four improvements suggested by the National Golf Foundation included. The motion was duly seconded. Commissioner Thomas stated that while the financial accountability was in the lease, he wanted a performance accountability and he felt the lease should address this. Commissioner Deegan stated that while he was in favor of goals and objectives, it was not withir� the City's purview to try and oversee a social service agency. He stated there wi(I be reporting from other agencies. � � Commissioner Thornas questioned where fii�is was in the lease. Commissioner Deegan indicated it was not needed in the lease. Upon fihe vote being taken; Commissioners Berfield, Fitzgerald and Deegan and Mayor Garvey voted "Aye," Commissioner Thomas voted "Nay." Motion carried. Commi�sioner Berfield pointed out that on page 6 �f the lease, the lease can be renewed. The meeting recessed from 10:18 p.m. to 10 :30 p.m. ITEM #28 - Selhorst presentation re �articipants in economic development plan Mr. Selhorst indicated he felt the economic development plan was one of the most important issues in Clearwater. He reviewed information he provided to the Comrnission which included articles showing that other projects had been tried or pro�osed for the area and the results of the North Greenwood survey. Ms. Rice pointed out, regarding the results of the survey, only 1 2 people had responded to the 350 surveys distributed. Mr. Selhorst stated people did want to open businesses in the Infill Commercial zoning but had been denied by the City. Ms. Rice questioned how they were turned down. Mr. Selhorst indicated due to fees and other things. �T minCC04b.94 4/7/94 ��Y 22 ,�-;:,: He reported he paid 5600 for variance fees and his requests had been denied. He � also reported regarding a person spending 528,000 on a restaurant due to expecting the Pinellas Trail to be completed in that area. Mayor Garvey pointed out the understanding was that Mr. Selhorst was to bring back ten bonafide business people that would be willing to participate if the plan was put in place. Mr. Selhorst indicated his experience showed this would be a$600 garnble. Commissioner Thomas stated that was not the issue. He stated the Com�nission was willing to reduce the fees and implement Mr. Selhorst's nlan to sorne degree if Mr. Selhorst brought back individuals saying they would participate if the Cornrnission did this. He stated this had alf been outlined in � very detailed meeting. Mr. Selhorst indicated it was difficult to get people to come in. Consensus was for staff to continue to worlc with Mr, Selhorsfi. ITEM #29 - First Readin9 - Ord. #5564-94 - providing authority to issue bonds to provide for Gas System additions, extensions, supplements and replacernents (AS) �rdinance # 5564-94 has been pre��ared by bond r,ounsel and reviewed b� the City's financial advisor and city staff. It provides for the ability to issue bonds necessary for the forthcoming Gas Systern expansion. Even though fihe Gas Strategic Plan sets total project costs at 524.73 rnillion, the initial series of bor�ds will be issued for approximately S 14 million. i'he remainder of the authorized bonds will be issued in one or rnore �� subsequent series as the project warrants. Each series of bonds issued will require � Commission approvaf. The authorized not to exceed amount �f 535 rnillior� has been set conservatively to accornrnodate cost of issuance, reserve requirerne��t funding, and project cost changes. Any portion of the auth��rized amount which is not needed will be canceled. The motive to authorize the total amount at this time (rather than to aufihorize each series independentiy) is to minirnize the tim� and cost of issuance, especially as related to the validation process. The preliminary tirn�table calls for second reading of this ordinance on April 21st, following approval of interlocal and franchise agreements on April 1 8th. After second reading, a valitlation hearing must be held, the date to be set by the courts. Assuming no delay is caused by �he interlocal and franchise agreernents or the validation process, closing on the initial series of bonds (approxirnately $14 million) is anticipated in July. Margie Sirnmans stated there are plans for the gas systern to expand and this will provide for up to $35 miflion in bond issues. She stated the plan is to issue only $14 million in tf�e first phase, however, by approving this tonight, staff can go forward with validation of the enrtire S35 million issue. Comrnissioner Thomas questioned why the arnount was S35 rnitlion. Ms. Simmons indicated that $24.73 rnillion was for construction cost, $5 million for potential increase in cost over the life o� the expar�sion period and 52.5 million was for gas bond expenses, debt service and re�erve. '�.... minCC04b.94 4/7/94 23 �.:-,� Commissioner Thomas expressed concerns that tlie Commission had approved a "� concept of S25 million. Ms. Simmons indicated that was S25 rnillian of capital projects. She stated staff did not believe the issue would cost the entire 535 rniilion. Commissioner Thomas questioned what the S5 rnillion pool was for. David Thornton of Smith Barney, the City's financial advisor, indicated there will be approximately $25 million of construction. He sfiated the bond issue also adds in the cost of issuing the bonds as well as debt service and there is a set aside for credit purposes. He stat�d these set asides would earn interest and would be used to pay off the bonds. Commissioner Thomas questioned if this was a$10 million blanlc checl<. Mr. Thornton indicated it was nat as it is specific in the bond docurnent for what the funds can be used. He stated there rnay be an attempt to get a surety bond rather than set aside the $5 rnillian debt reserve. Commissioner Thomas again exprzssed concerns that fie thou�ht they had approved a S25 rnillion project. Chuck �Varrington, Gas System Manager, stated that it was $25 miliion in capital expenditures. He stated S5 rnillion has been added as a contingency and $5 million is for issuance cost and debt reserve. He stated the $35 million is being req�ested at this time in order for the validation to occur as one process. This will save costs in the long run. He stated the specific issuance of the bonds would not occur without Commission approval and the first phase will be a S 12 to $14 million issue. ��' Mr. Thornton pointed out that fii�e validation will occur only one time and fihis is a - tirne consuming and expensive process. Bob Reed of Olive, Bryant, etc., the City's bond counsel, stated that due to restrictions in the City's charter, the bond issue must either go to referendum or be validatEd. He stated tl�e validation process is essentially a dec(aratory judgement where the City goes to court and as{cs others to prove why tl�is should not be done. He stafied the proposal is for a seven year prograrr� and the bonds will be issu�d in three phases. He stated essentially the ordinan�e is creating a bond bank of $35 million. t-le stated $5 million is for cost of the project, expansions, and to deal with changes that rnay occur within the seven ��ears oi the project. He stated that validating the entire $35 million all at one time wil! sav� money and tfien the bonds will actually be issued in pieces. He stated each phase and individual project will require Commission approval. Commissioner Thomas questioned the validation cost if only doing $25 million. Nlr. Reed indicafied the cost would be the same. He stated if only fihe ; 25 milfion were authorized, it did not allow for any contingencies in the future. Comrnissior�er Deegan questioned what it cost to validate the bonds. Mr. Reed indicated it v�✓as based on an hourly cost that would depend on the amount of p�eparation required. He stated the Pinellas County AttornPy has traditionally chosen to fight validations and it is difficult to predict the cost. � minCC04b.94 4/7/94 J�" 24 �:: �� Commissioner Deegan questioned where the cost for vaiidation was indicated in the � docurnent. Mr. Thornton indicated it was in the cost of issuance at $90,000. Commissioner Deegan questioned if this sirnply created a bond �ank and that it authorized an amount which could be drawn down, of which, staff was currently proposing $14 million. It was indicated this was the case. Commissioner Deegan questioned wiiy the entire amount would not be drawn down. Mr. Reed indicated ther� would be a federal tax problem as the federal government does not look fiavorably upon a City borrowing money it can :�ot reasonably expect to spend in a three year period. In response to a question frorn Commissioner Thornas, Mr. Warringtan indicated the entire amount covered a 6 to 7 year projecfi. He stated the first issue of S14 million would be 2 years worfih of construction. Commissioner Thomas asked if he was understanding correctly that no expenditures were actually being appr�ved tonight and the Commission would be asked to approve "each bite". Ms. Rice indicated this was correct. Commissioner Fitzgerald asked if this was all contingent on the Pasco expansion. Mr. Warrington indicated the Pasco expansion was a portion of the issue but � 13 million is for expansion within Pinellas County. �� Commissioner Fitzgerald questioned if the City did not get Pasco approval, whether �'� A or not authorizing the full amount would f�urt the City. Mr. Warrington indi �ated second reading of the ordinance authorizi ng the S35 million would not occur unfiil the Pasco agreements had been approved. He stated if tlie Pasco agreements are not approved, the amount of the bond issue would be reduced. Commissioner Berfield expressed a concern that it would have better had this been fully explained from the beginning of the project. Mr. Warrington indicated he thought he had and wt�en providing pro form as, these costs had also been included. Commissioner Thomas m�ved ta approv� the issuance af bonds to provide for the gas system additions, extensions� supplements and replacements. The motion was duly seconded and carried unanimously, Joe Evich expressed surprise regarding the issue. He stated the entire package never once mentioned a figure of $35 million. He stated that the Commission approved in concept a project for $25 rnillion and tfiat was enough. He s�tated the gas systern's plan was outdated and there is now a revision of S 10 rnillion. He did not feel this should be brought f�rwarci as a matter of ease, He stated a lot more questions needed to be asked. He stated he did supporfi going into F'asco County for increas�d revenues. The Assistant City Attorney presented OrdinancA #5564-94 for first reading and read it by title only. Commissioner Deegan moved to pass Ordinance #5564-94 on first ;� minCC04b.94 4/7/94 '.�... 25 reading. The motion was duly seconded and upon roll cali, the vote was: "Ayes": Fitzgerald, Berfield, Deegan, Tt�omas and Garvey. "Nays": None. I?EM #30 - Res. #94-17 - dedicating additional land as right-of-way for Cleveland Street, adjacenfi to Chesapeake Parlc (PW) The Engineering Division is in the process of preparing plans for a vehicle turn around in the 3,000 block of Cleveland Street, on the south side of Chesapeake Park. The current right of way of 20 feet, was dedicated by the property owners on the south side of Cleveland Street. The City has not dedic�ted its share of right of way from the Chesapeake Park side of Cleveland Street. This section of Cleveland Street is only accessible from McMullen Booth Road and is a dead end street. This worlc is being done to eliminate backing up problems currently being experienced by the City's sanitation trucks, and at the request of lacal residents on Cleveland Street. It will also eliminate the need for other vehicles from having to use private driveways to turn around to exit back out to McMullen Booth Road. �ecause of the proximity of the ball fields at Chesapeake Park, Ream Wilson, Parks and Recr�eation Director, has reviewed the proposed road plar7s and has no objection to this request. �� Commissioner Deegan �noved to dedicate additional rigf�t of way for Cleveland � Stree� adjacent to Chesapeal<e Park. Tl�e motion was duly seconded and carried unanimously. The Assistant City Attorney presented �iesolution #94-17 and read it by title only. Commissioner Thomas rnoved to pass and adopt Resolution #94-1 7 and authorize the appropriate officials to execute same. The rnotion was duly seconded and upon roll call, the vote was: "Ayes": Fitzgeralcl, Berfield, Deegan, Thomas and Garvey. "Nays": None. ITEM #31 - Supplemental Agreement #8 to consultant services agreement with David Volkert & Associates, Inc., re Clearwater Pass Bridqe construction project, providing for paymerit for addifiional work: 1 � resulting from new federal storrnwater requirements and 2) relating to investigation of various alignments ordered by the City AND providing for engineering services during construction, for a total additional arnount of 5157,831 for a new total of $1,382,507.46 (CM) On March 3, 1994 the Flarida Department of Transportation (FDOT) advertised a bid for cor�struction of Clearwater Pass Bridge. Bids were opened on March 30th and construcfiion is to begin in July. The City entered a contract with David Volkert & rninCC04b.94 4/7/94 5L 4�.:. 26 Associates in 1989 for the purpose of providing the required PD&E study and bridge �. design. The company f�as performed well and has co�sequently been chosen to perforrn the various extra work items necessary to the project's success as well as the naturally occurring sequential items of work. This suppiement will, barring some unforeseen circui�nstance, be the City's final engineering expense within the purview of David Volkert & Associates. It provides for: 1) subrnit a Stormwater Pollution Prevention Plan and Notice of Intent for review by the FDOT prior to construcfiion and as a part of plans review in accordanc� with the Code of Federal Register and United States Environmental Protection Agency implementation procedure by incorporating the National Pollution Discharge Elimination System as documented in the September 25, 1992 issue of the "Federal Register" Part III, Vol. 57, No. 1 87. This is a new requirernent not anticipated in any earlier Scope of Service at a cost of $1 3,1 �4; 2) evaluate fihe potential project impacts o� a change in the proposed project alignment for the purpose of eliminating the need to acquire property along the northern approaci� to the bridge in order to realizE a savings in right of vvay and business costs wf�ile holding negative impacts to an acceptable level. This work was ordered by the City during its deliberation as to optimizing bridge closure scenarios and bridge alignment. The work costs 57,924; and 3) while the FDOT will now take over plans and specifications and rnanage the construction projecfi, the Design Engineer must be available for required engineering during construction, shop drawing management, and the accomplishment of the geotechnical-engineering decisions related to the installation of each foundation pile. These services correspond to post design and construction activities wfiich are nori�ally required of tf�e engineer af record. The costs of �� these activities will be as actually needed and are estimated not to exceed $1 36,8�3. Of '� this amount, $50,000 is estimated for geotechnical services provided by Driggers Engineering Services, Inc., a sub-consultant to Volkert. William Baker, Assistant City Manager, indicated the construction bid was opened and the low bid was for $10.9 million. He stated canstruction is to begin in July and be finished approxirnately 2 years later. He indicated that while the City usually provides a not to exceed arnount in its coniracts, �t is not possible to do this at this time as staff can not foresee f�ow much FDOT will r�eed Volkert's services. Commissioner Thomas questioned how the expendifiures for the bridge were funded. St�ff responded funds had corne frorn various sources sucf� as the Bridge Fund, Penny for Pinellas Funds, etc. Comrnissioner i"homas questioned the ability to cover all expenditures tlirough toll revenue. It was indicated this proposal had been brought forward sorne time ago and it was the Commission's decision not to pursue. The deadline for the ability to impose tolls on the new bridge has passed. Commissioner Berfield questioned if it were general practice when the State uses a City contractor, that the City pay and not the Stafie. Mr. f3aker indicated the City designed the bridge with Voll<ert and it was the City's duty to have him available for the State. ; minCC04b.94 4,^ �� 4/7/94 ��.; Cornrnissioner Thomas rnoved to approve SupplerY�ental Agreerner�t N$ to the � Consultant Services Agreement witfi David Voll<Frt & Associ�tes, Ir�c., ��roviding for ti�e payment for additional work resultinc� from new Fed�ral stormwater requiremenis; providing for payment for additinnal work r�lating to investigation of various alignments ordered by the City; and providing for engineering services during cor�struction, regarding the Clearwater Pass Bridge constructiori project, far a total additional amount of $157,831, far a new total of $1,382,5�7.46, Tlie rnotion was duly seconded and carried unanirnously, iTEM #32 - Information re rezaniny of section of NE Coachman Road; directi�n re preparing zoning impact study (CP) Staff has been contacted by a r�sident living on NE Coachman Road, between Drew Street and Belcher Road. Tliis resident is interested in a city-initiated rezoning of the property along the nortf� side of NE Coacliman Road, from its curr��nt !ow density residential designation to an office designation. As the resident rotes, NE Coachrnan Road is in the process of being wideneci and improved and properties o� the sou`h side of the road are zoned for offices. In the rnid 1�80's, a similar rezoning proposai was denied by both the Planning and Zoning Board and the Cornrnission. However, in light of the improvements to NE Coachman Road and the surrounding zaning patterns, the Commission rnay be interested in direcfiing staff to look into ti�is rnatter agair�. There are two "schools of thought" concerning the strip zoning of thoroughfiares. One theory I�olds that the road itself � becomes the dividing line between two types of land uses, as is the existing case with NE ��`F Coachman Road. The other tl�eory is that the rear property lines of properties fronting along the roadway serve as the dividing lin�e between the zoning ciassifications. This latter approach fi�s the benefits of allowing residential properties to be huffered from the nonresidential uses (with buffers in�talled along the rear lot line of the nonresidential uses), and treats properties on each side of the road equally. Disadvantages include added traffic and poter�tial change of neighborhood character. There is also not a strong rnarket for office properties and full conversion of the residential properties to office uses rnay take a lo�g tirne. Staff feels the residenfis of this area deserve some consideration given the traffic situation they are facing and the existence of office uses across the street. Staff could schedule a relatively limited zoning study for this area in accordance with Cornmission priority di�ectian. Mayor Garvey qUestioned if the offices would not create more traffic. Mr. Shuford indicated that while this was a disadvantage, this is one of the few areas in the City where nonresidential and residential are across the street from each other. Cc�mmissioner Deegan questioned, of the two schools of thought presented, which was more prevalent in Clearwater. Mr. Shuford indicated a situation where both sides of the street are treated equally with the rear property lines being used as the buffer. � minCC04b.94 �..�. : 4/7/94 Mayor Garvey pointed out it was the County that had changed fihe south side af NE Coachman to Limited Office zoning. Commissioner Fitzgerald felt it made sense to lool< at this. He stated due to the changing character of the road, residential is less desirable. Carnmissioner Thomas moved for staff to study potential rezoning of the north side of NE Coachman, The motion was duly seconded. Commissioner Deegan questioned if this would include talking to individuals along the road. Mr. Shuford indicated it would. Cornmissioner Berfiel� questioned when the road would be vvidened to four lanes. Peter Yauch, Acting Public Works Director, indicated the current project is for resurfacing and the providing of shoulders, it is not a widening project. Upon the vote being taken, it carried unanimously. ITEM #33 - Other Pending Matters a) Rowe & Donnel) Contract regarding renovation of Bayfront Mart fMaas Brothers) William Baker, Assistant City Ma!iager, reviewed the contracfi stating it provitles for a maximurn of 5285,000. He stated it is hoped the final amount will be less. �j�'Y ` • ,. Cornrnissioner Fitzgerald yuestioned if the attorney had reviewed the document. Mr. Lance indicated he had not reviewed the specific contract but was farniliar with the standard architectural form. Cornrnissioner Fitzgerald questioned if Mr. Lance was famifiar with the rules of arbitration as provided on page 4, article 7. Mr. Lance indicated while he had not dealt with firiis in Clearwater, he did have experience with it and he felt it was a good provision. Cornrnissioner Thomas encouraged the Assistant City Attorney to review the total document and stated he would approve it pending upon the City Attorney reviewing and approving. Mayor Garvey �ointed out the total renovations for a conference center would not be pursued until total costs are known. Mr. Rowe indicated this contract is specifically for the improvernents needed for the Stein Mart lease, replacement of the air conditioning and addressing the escalators and elevators. Cornrnissioner Fitzgeratd stated it had never beer, addressed #rom where the funds wauld corne to pay for this. Commissioner Thomas indicated this had been approved. It was stated a por�tion had been approved but not for the total renovation for the conference center. �` minCC04b.94 4; 7/94 �� .. 29 ,��-,, Commissioner Berfield moved to approve the contract with Rowe and Donnell rec�arding the renovation of Bayfront Mart (Maas Brothers) subject to the review of the City Attorney Office. The rnotion was duly seconded. Upon the vote being tak�n; Commissioners Berfield, Deegan and Thomas and Mayor Garvey voted "Aye," Commissioner Fitzgerald voted "Nay. " Motion carried. b) Biltmore Construction Company Contract regarding re�ovation of 8ayfront Mart (Maas Brothers) Dean Rowe reviewed the contract stating it was in response to the direction provided Monday. Commissioner Fitzgerald questioned if the total amount of the cantract was $160,605. Mr. Rowe indicated it was, however, Biltmore has th� ability to do some of the actual construction for which they would be paid. Ms. Rice reported on March 3rd the funding source for these renovation costs was designated as the Penny for Pinellas fund. Commissioner Thomas moved to approve the Biltmore contract subject to the review of the Attorney's office. The motion was duly seconded. Upon the vote being taken; Commissioners Berfield, Deegan and Thomas and Mayor Garvey voted "Aye," Commissioner Fitzgerald voted "N�y_" Motion carried. CITY Ai°TORNEY REPORTS ITEM #34 - First Reading Ordinances a) Ord. #5585-94 - Amending Sec. 29.58 to delete occupational license requirement far family care facilities and revise occupational license requirement for group care facilities The Assistant City Attorney presented Ordinance #5585-94 for first reading and read it by title only. The Mayor questioned the reason for this ordinance. Scott Shuford, Central Perrnitting Director, ind�cated state statufie considers family care a residential use and therefore nofi subject to occupationa! licensing. Commissioner Thomas rnoved to pass Ordinance #5585-94 on first reading. The motion was dufy seconded and upon roll call, the vote was: "Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey. " Nays" : None. � minCC04b.94 4/i/94 � 30 � b) Ord. #5586-94 - Amending purchasing code �"�. The Assistant City Attorney presented Ordinance �t5586-94 for first reading and read it by title only. Jeff Harper, Director of Administrative Services, stated an audit of purchasing procedures was done and this ordinance provides for improvements. It also provides procedures to be amended due to technology enh�ncemenfis. He stated there are no major changes. George McKibben, Purchasing Manager, stated this ordinance will aligr� the code with actual practices. He stated the ordinance is basically a clean up document thar addresses making the code gender neutral, combining Public Works procurement procedures and complying with State, Federal and loc�l laws. Commissioner Thornas questioned what checks and balances were in place to assure that departrnents da not inappropriately string together 5500 purchases that do not require approval by the Commission or City Manager. Mr. McKibben indicated fihat purchasing reviews all restricted purchase orders under 5500. Commissioner Thornas recomrnended a computer program be used to track these purchases of less than $500. Commissioner Thornas moved to nass Ordinance #5586-94 on first reading. The motion was duly seconded and upon rol! call, the vote was: "Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey. �<<:, "Nays": None. ITEM #35 - Resolutions a) Res. #94-29 - Assessing property owners the costs of mowing or clearing owners' lots The Assistant City Attorney presenfied ResolUtion #94-29 and read it by title only. Carnrnissioner Fitzgeralc� rnoved to pass and adopt Resolution #94-29 and autho�ize the appropriate officials to execute same. The motion was duly secondEd and upon roll call, the vote was: "Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey. "Nays": None. bl Res. #94-31 - Arnending Rule 1 of City Ccmmission procedure rules; requiring the Mayor-Commissioner provide notice to the Vice-Mayor of absences and emergency contact number Mayor Garvey �xpressed concerns regarding the ru{e requiring inforrnation regarding the length of time and a telephone nurnber being included. She also questioned what "� minCC04b.94 4/7/94 �� 31 � �� would constitute an a�sence from the City. Commissioner Thomas indicated it is defined t as being out of town vernight. Commissioner Deegan stated he was the one for asked for this rule and his purpose was to know when th Mayor would not be available and the Vice-Mayor would be expected to stand in f r the Mayor. He did not feel it was appropriate to be included in Rule 1 and felt it shou d be a separate rule. Mayor Garvey uggested the resolution be continued. She sfiated another point was that there had be n occasion when she had needed the Vice-Mayor to assisfi and they were not available. She felt they, fioo, should be required to notify the Mayor of absences. Commissioner Deegan stated this had alrea�+y been disc�ssed and the purpose of the rule was for the Mayor to notify th� Vice-Mayor. He did feel it was inappropriate to include the length of absence, phone number, etc. Commissioner Thomas agreed the rule needed to be chang�d. He expressed concern regarding the Iernergency response ordinances and felt they should be reviewed as the City Manager sho�lld be the one to declare an emergency, not the Mayor. He stated the whole issue n�eded to be rev�ewed. Commissioner Fitzgerald moved to confiinue this item. The motion was duly seconded and carried �ananimously. c) Res. #94-32 - Supp�rting a central fire and disaster management training institute to tae �'� developed by Pinellas County and School Board Mayor Garvey uestioned if this committed ariy funding. Fire Chief Davidsor� indicated it did not. The Assistant ity Attorney presented Resolution #94-32 and read it by title only. Commissioner Berfield moved to pass and adopt Resolution #94-32 and authorize the appropriate officials to execute same. The motion was duly seconded and upon rol! call, the vote was: �,,�_ "Ayes":I Fitzgerald, Berfield, Deegan, Thomas and Garvey. "(�Jays":I None. in response to question by Commissioner Thomas, Cliief Davidson indicated the Gity's training facility n Belcher Road would be a satellite and not duplicate this effort. Commissioner Thoma questioned if the facilities could be combined and cut cosr. It was indicated other agenci�s pay when they use the City facility. #36 - Other Citvl A minCC04b.94 r� ms - None. 32 4/7/94 � a ITEM #37 - Citv Mana9er Verbal Reports �* �'` — , Kathy Rice, Deputy City Manager, indicated the traffic control bill which r�ad been of concern to the City had been killed in the Senate, i�owever, it was still to be addressed in the House. She stated she would provide inforrnation to the Cornmission by fax, in the morning and ask that they contact the appropriate legislator. Commissioner Berfield asked about the presumption bill. Ms. Rice indicated the House had passed the bill and it now had to go to the Senate. She sfiated there are people assisting the City in objecting to this bill. ITEM #38 - Commission Discussion Items a) CERTF recommendation re appeals of appointed board actions It was reported the Planning and Zoning Board and Developrnent Code Adjustment Board were to be aslced to tal<e a position regarding whether or nat appeals should be heard by the Commission or go to a hearing officer. Commissioner Deegan suggested Commission action wait until those inputs are received. Commissioner Thomas moved to continue fhis item for input from the Planning and Zoning Board and the Development Code Adjustment Board. The motion w�s duly � =:; secontled and carried unanimously. .�... . b) City Attorney Search Mayor Garvey stated this was on the agenda as staff needs direction. Cornmissioner Fitzgerald requested staff be instructed to gather information for a search. Ms. Rice indicated there was an in house capability to do tl�is search and a package would be put together with pros and cons for the Cammission. Commissioner Berfisld suggested using the Florida Bar news as an advertising venue. Comrnissioner Fitzgerald felt there would probably be a state, rather than a national search. Commissioner Thomas suggested picking a local attorney to hire as an Interim City Attorney and they be asked to provide this service at 50 to 60 percent of their municipal billing rate. He stated this person �rvould be the Interim City Attorney on a part time basis. T;:is would address the need of imrnediate assistance in the Legal Department. He sfiated this Int?rim City Atfiorney would serve as the Chair of a selection review process and that a committee of two or three more leading attorneys should be established. l"his commifitee would review all the resurnes and present the top five candidates to the Cornrnission. � minCC04b.94 4/7/94 �... . 3:3 � �� It was the consensus of the Commission that th� Cornrnission rnernbers would � provide names to Ms. Rice for 1> sorneone to serve as Interirn City Attorney and 2) individuals to serve on the selection cornrnittee. Narnes mentioned at the meeting for Interim City Attorney were John Hubbard, Alan Zimmet and Gerald Figurski. Ms. Rice will compile the names and bring it back to the Cornmission. Ms. Rice was also directed to begin advertising for the City Attorney position. Mayor Garvey questioned if Mr. Galbraith had indicated his plans. M$. Rice indicate he had submitted a rnemo indicating he was on anncial leave and he h�d no authority to appoint an acting City Attorney. Comrnissione� E3erfield questioned the coverage of cases in th� absence of the City Attorney. She mentioned tt�at in the quarterly litigafiion �pdate, Mr. Galbraith was listed as being responsible for the case with the Sci�ntologists and the interrogatory for Mr. Stowell. Mr. Lance will assure that all cases are covered. ITEM #39 - Other Commissian Action Cornmissioner Fitzgerald reported that at the Mayor's Council it was announced there v��ill be a County wallc 94 for the Pinellas Trail and County Commissioner Seibert will be the primary wall<er for the County. He further reported that Carot Ketterhagen of the Convention and Visitors Bureau announced Gulfport has stated they have the casino available for trade shows and they are actively pressing -the County to include this in their �' advertisements and solicitation for activiti�s. He stated tl�is wifl �rovide competition for a �;, '��` convention center in the Maas Brothers Building. Commissioner Berfield reported that tt�e problems for the Jolley Trolley had been resolved and they are in a positive posture. She wished Ms. Deptula a speedy recovery. Mayor Garvey referenced a letter from the Florida Sp�cial Olympics requesting that the billboard, which the Cornmission had talcen actior� should be removed within the next 45 days, be allowed to remain until July 17, after the Special Olympic games are over. Commissioner Thomas rnoved to allow the Special Olympic billboard to rernain until the 17th of July which is the end of the Special Olympic garnes. The motion was duly seconded and carried unanimously. May�r Garvey requested creative names be submitted for narning the Maas Brothers building. ITEM #40 - Adjournrnent The meeting adjou�rned at 1:'14 a.rn. (4/8/94) � / l J{� �, �vv -� ATT�ST: � �� ' 1��0 _ i•�iayor/Comrnissioner ` minCCO :�. �� ^ 4/7/94 �-i.ry Clerlc �" 34 � `'� .� RECOMMENDED CONDITIONS (FROM STAFF AND PLANNING AND ZONING BOARD) 1) That permitted uses be limited to: a. Indoor rertaii sales; b. Business/professionai of�ices; c. Business services; d. Medical cli�ics/laboratories; e. Indoor, mini storage rental; fi. Art gaileries/studios; g. Multiple family dwellings, maximum density of h. Acc;essory dwellings; i. Accessory uses 2) 3) 4) EXHTBTT A cc �� /7 /9G 18.5 u.p.a.; Indoor retail sales, and business service shall be restricted to the building on Missouri Avenue, containing approximately 2,200 square feet. Busine�s offices, professional officss, medical clinics, and medical laboratories shall be limited to a total of 2,200 square feet; Required parking shall not exceed available parking spaces; and 5) Signage shatl be as permitted for Neighborhood Commercial district except that the property will be permitted only one freestanding sign, and such freestanding sign shall be lirnited ta a height of 16 feet. ��,:K,, 61 Exterior lighting �hall to restricted to a maximum height of 6 feet and shall have reflectors directing the lights so that they do not project above the horizontal; this fighting shall be shielded from surrounding residential properry by appropriate landscaping material. �},� � �} �; Residential density shali not exceed 18.5 u.p.a. "DO NOT ENTER" signs shall be posted on the Missouri Avenue driveway. 9) The setback lines on the site plan shalf be deleted, with a note provided that "The approved setbacks are the existing building lines." �,, , � FORINt ��I�tVTY, I.�sl ��ntl. � � �Ktil nnn�� < I.tAILING AbUltl:titi �� IViENt�R.�,�dD�Jilll �F !/OiIN� ��NFLlCi FC)f� i��JN1��P�4l.. ,�►P!D �THE� LC)C:AL PtJBLIG CyF�I�EIRS MIIt1>t 1 �•�MI �l'�.7`rt �l�'� � � � �s� ��tiD w � `( C i 11' G � � �'�-{�c,�� T � �l� un� t:u� ��iic�ti vc��LC�r�'uxkt:n f�P�r� �, � �� _; :::�._ C'l)t,� 11 � %�U � L L �'� � nnn�t_ c>t� �sc�,�Kt�. cu��c'i�., c�c��,�r.�itisi�,n, .�� t i�c�icti �. c�ic ��c�n�!.�i i it t G 1 7� � G�,� !� !�% S_C�l Ui�' 1 11[ ltCiAkl�. Cc_)I;NCIL. �'l)MMItitiIU�,, �l� l ll(rKl 11 c�k ('��M!�111'I f f. c►N �`'llfl'11 I SFit\'E? iti A Uhl'f tlf . p� c'� i Y r� c�c�t�Nl1' n(�� I�t fc I cx'nl ��c�l'ti�c'Y r:nn�t c�t� i�i�i i►icni. tiunt�n•tsic��. G L�i��wl�l �.✓� h1Y Pl)SI TIUN Iti. WHO MUST FiLE FORM 8� cR-�:�.► �� , �- � �►��.�� ,�t: 'I'his form is for use by Illll� t�erson ser<<in�; at �I�e count��, eit��, c,r �,ther local Ie��ei �f �overnmei�t on an apl�oiiz�ed ur elected bo�ird, eouneil, can�n�ission, autliority, or c��n�n�ittce. 1 t ci��,lies equall�� c� meml�ers c�f <<c3��isor�� an�:i non-.ulvisory Uodieti �vh� cu'e prescnted �ti�ith a votinfi c�nflict of interest uncler Sertic�iz 112.�1•a3, l�loriila St�itutes. 1'c�ur res�onsibiliti�s under the Iti��' ��•I�cn faced ��ith :1 t1lCasure in whicl� you have a cunflict of ii�trrest will ��ar�� re��tly dependins on whether you hold an eieclive �r aE�Eiointi��c ��osition, For lhis reason, �Ie��se pa}• close attcntio►1 ta the instructions c�n this form beforc complrtin6 thc rcvcrsc sidc ��,�i r��»� ti�� forc�i. INSTRUCTIONS FOR COMPLlANCE WITH SECTtON 112.3143, FLORIDA STATUTES A person holdinc; clec�i��e or appointi:�e coun:y, municipal, or other luc�.�l �ublic office MUST Al3STAIN from ��itin�; on a meusurc: �vfiich inures to his Si�ccial �ri��atc gain. }��ch clected or appointed local of(iceralsa is �rohibieed from kno�vin�;ly ��otine� on a measurc �ahich inures to the speciai ��in of a principal (other than a�overnrnent abcnc}�) by whort� he is ret:.�ined (includin� thc parent organization or subsidiary af a corporatc principal by which hc is rctaincd); .o thc spccial privatc �ain ot a rclative; or to thc special privatc gain oC a bu�incss associatc. Commissior�crs of community rcdcvclopment agcncies undcr Scc. 163.356 or { G3.357, F.S., and otficcrs of indep�•ndent spccial tax district� clected on a one-acre, onc-vote basis are not prohibited from voUng in thal capacity. For purposcs of this la�ti�, a"relati�-e" includes only the officcr's father, mother, son, dau�hter, husband, ��ifc, fathcr-in-la��, mothcr-in- la�i�, son-in-iaw, and d�ilS�'I1tCC-Ifl-�a��. A"business associate" means any person or entity engaged in or carrying on a busii�ess entcrprise with thc ofGcer �:s a partner, joint venturer, coowner of property, or corporatc shareholder (��hcre the shares of the corporation are not listcd on any naticmal or regional stock etchan�e). ELECT�D OFF 10ERS: In addition to abstainin� frorn �•otin� in the Situatians described abo��e, you must disclose the conflict: PRTOR "1�0 THE VUTL'- f3EING TAE:�i� by publicly stating to the assembly thc natuce of your interest in thc measurc on which you are abstaininS frant voting; and ��'ITH]N 15 DA�'S r�F-1'rR THE VOTE OCCURS by completing and filing this farm with the person responsible for recording the minutes of thc mcerin�;, who should incorporate the forrn in thc minutes. " AlE'POINTED OT�FICk:RS: Although you must abstain frorn ��ting in the situations descri'�ed abovc, you othen��isc may participatc in these matters. However, you rnust disclose the natur� af the can(lict before making any attempt to influence th� decision, �;�hether oraUy ar in writing and «�hether made by you ar at your direction. . .. . _ . . -- . - . . ... ... ._ . IF YOU IN-I'FND "1�0 MAKE ANY AZTEMP�I' �I�O INFLUENCE 7'HE DECISION PR10F'� TO Ti��E MEE'rING AT W��iCI� TH� VOTE WLL BE TAKEN: . . � You must complete and fle this form (�eforc makin� any attempt to inf',ucnce the decision) with lhe person resporisible. fo; ; d' th f h � t' h��'ll ' c ate the forin 'n thc rninutcs �: recor ing e mir.utes o t e mc.e ing, w o ti i in orpor i ., _,. . ,.: . • A copy of the forrn must b:.� providcd immediatel�� to the othcr mernbe.rs of thc agency. ._�.The forrt� rnust be rcad publicl}� at the next rnceling after thc form is filcd. . __.. CE FORhi 89 - !0•91 , .; , . . .. S , i'AG [. i � IFYOU MAI�f: NO AT'f'EMPT��OINk=1.Ut:tiCE`i�flf� I)E;C'IS1C�\' �:?iC'E;E''I' l;l' I)ISCU��101�' Al"I'I�I: MEET11�'Ci: • 1'0�� must disci�se arallY thc naturc af ��c�ur con(lict in thc rncasurc tx forc �ar-tici�atin�;, '"� • You must completr the farrn and f ile it ��ithin IS d:+ys after the vote ��ccurs with thc rersc�n res�c�nsibic fur recordin� the ntinutes c�f � `,. the meeting, wha must incorpc��itc lhe form in the minutes, A co�y of thr form must be pravideci irn�i�ediatcly to the othcr Imcmbers at the agency, �nd thr form must bc; mad publicly at t}ic ncxt rncetin� after thc ft�rm is �il�d. DISCL4SURE OF LOCAL OFFICER'S INTEREST 1, �T �t' � X � � � �= � �� '�' , hcreby disclosc �hat on �� i L � �� (a) A measure came or will come bcfore my agency which (check one) inured to my special �rivate �;ain; '� inurcd to thc s�ccial bain �f rny busincss i1tiSOCIiIIC, c� E��"L" �4 ��- �`�i`� ►� "'`�` I �G1/% 7'i4- ` � inured to the special gain of my relative, � inurcd to thc sPccial �ain of � bY whom I am rctaincd; or inured ta thc spccial �ain of , which is the parent or�ani7ation or suhsidiary of a principai which htts retained me, (b) 7'he measure befarc rny agenc�� and thc natt�re of my conflicting intrrest in the measure is as Collo��s: Pr r� T� ��v ��t� n� z c�ti� ,v c, L��' �- �� v j-c. � S' � t�v�' d4-S ��+-c �2- v� 44. �� c� �=' �f� �� c� �' �f� S fffls f� �-� �- �/ � �� y Date Filed � Signature � . , � NOTICE: UNDER PROVISIONS OF FLORIDA STAZ'UTES §112.317 (1991), A FAILUFLE TO MAKE ANY REQUIRED �``"'' DISCLOSURE CONST["1'UTES GROUNDS FOR AND MAY BE PUNISHED BY UNE OR MORE OF THE FOLLOWING: ` IMPEACHMENT, REMO\'AL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTI4N, REDUCTI4N 1N � SAI_ARY, REPit1MAND, OR A C1VIL PENALTY NOTTO EXCECD �5,000. j CE FORM 8B - 10-91 .�e, :� c C.. �i ► � i q .. .. 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