The URL can be used to link to this page

02/02/1995 (2) ,tT. '. ;i- . '~:~r.:'~ ;..>';~l'. . . '. , . H. !~'/.~~. > . '.' ,\ 1:', . ;": :'. ;- . ., 'f~;, .' , . , . " < : .: ~~ :,., p. . , :.f': ' :t: ~ u '. .' " " . .,:, " :";?c:: : (:, > \":- \~. .: C ~,' i::.' :"~. . ',.: ,. ,. ~:':.': '~~W';f~/:!i.'~,~'~~:~:r~~~:C';;>:;::.')':';:':~:'~j>::':I,',: ~,'." ~"L:.:t(::;'A:',~,>^: ':','\:"', " ~ ~, ..,' .', .'.'. . , . . .:c ,.': '.1 \,' '0:> .:' ,~':.: ._:,',....(.;~:':~:.;;\..:~'~:.~>:.J<L~};~.~.//:..~(~<:.'/t.:<\~...I"\.~~),~\~ .~ . / -. COMMISSION " City Commission Minutes :";~ '......;..) Date hbru.a.ty 21 H'lO" -!~' IL/ :3 cf ''--- / . . .... '. . . .\ " " " . .' . i ~_ ..\~+. '. .\ :'\1": ,. . " , ' +n~':',"""" i. . ~~ .\t. c':' . I' I..';..,. . \!..l":j:' ,> ""11'/~ . ~. I~.' ~ ACTION AGENDA - CLEARWATER CITY COMMISSION MEETING Thursday, February 2, 1995 - 6:00 P.M. ~ Chambers Welcome. We are glad to have you join us. If you wish to speak please wait to be recognIzed, then state your name and address. Persons speaking before the City Commission on other than Public Hearing items shall be limited to 3 minutes. No person shall speak more than once on the same subject unless granted permission by the City Commission. ANY PERSON WITH A DISABILITY REQUIRING REASONABLE ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS MEETING, SHOULD CALL 813/462-6684. 1. Invocation 2. Pledge of Allegiance 3. Service Awards 4. Introductions and Awards 5. Presentations a) Environmental Advisory Board ~ Annual Report b) Rice Williams - Cable Update 6. Approval of Minutes - Regular Meeting 1/19/95 7. Citizens to be heard re items not on the Agenda (maximum of 30 minutes) I.....~\ . , tI!t':! \ 1. Deacon Albert Tibbetts, St. Cecelia's Catholic Church. 2. Mayor. 3. None. 4. Proclamation: National Burn Awareness Week - 2/5-11/95. 5. a} Received report. b) Received report. 6. Approved as corrected. 7. Shirlev Moran asked that agendas be available at 1 st floor information window. Requested a task force look into problems the elderly have crossing the streets and the danger they are in. Citizen Advisory Committee of MPO was the suggested body. Jane Stinson felt she should have a choice re participation in the City's recycling program. ' Dennis Heneaar complained he is not getting the police protection for which he pays taxes. Not Before 6:00 P.M. - Scheduled Public Hearings (1) Presentation of issues by City staff. (2) Statement of case by applicant or representative (5 minutes). (3) Commission questions. (4) Comments in support and in opposition, whether as an individual or as a spokesperson for a group (3 minutesl. "-.-/2/2/95 15) Commission questions. . (6) Final rebuttal by applicant or representative (5 minutes). (7) Commission motion to determine disposition 1 . . . < . ... . . ;- .. .' ~.' .' , '. '. ,~~,,';i':.:~!~I.:},:::'"' .. > '~' ::;.>.". ....:':'1."., ':. ~?f~~'t:'ln r<, ".. .. < ~ ,,' r~P~<(~> " :': ':""": '. , ,(~ t~~ .. ""II ., PUBLIC HEARINGS All Individuals speaking on public hearing items will be sworn-in. 8. Public Hearing & First Reading Ords. #5746-95, #5747-95 & #5748-95- Annexation, Land Use Plan Amendment to Residential Low & RS-8 Zoning for property located at 1947 W. Skyline Dr., Skyline Groves, Lot 105 (C.M.L. Building Co.. Inc., A94~27, LUP94-31 HCPJ Public Hearing & First Reading Ords. #5743-95, #5744-95 & #5745-95- Annexation, Land Use Plan Amendment to Residential/Office/Retail & CPD Zoning for property located at 24244 US19, Annexation/LUP for Haas Sub., Lots 3-8 and Blackburn Sub., part Lot 3 & abutting r- o-w for Lawson Rd. & Haas Ave.; Zoning for Haas Sub., Lots '-8 and Blackburn Sub., Lot 3 (Ridge Haven Associates. Ltd., A94- 28, LUP94-32)(CP) Public Hearing & First Reading Ord. #5764- 95 - CI Zoning for property located at 1200- 1222 N. Betty Lane and 1209-1223 Fairburn Ave., Fairburn Addition. Blk C, Lots 1-4 & 7-12 (Homeless Emergency Project Inc., Z94-16HCP) Variance(s) to Sign Regulations for property located at 650 Mandalay Ave., Revised Map of Clearv'Jater Beach, Blk 3, Lot 10 (Damsker/Beaeh Break. 5V95-08}(CP) 9. 10. 11. No Item. Public Hearing & First Reading Ord. #5720- 95 - LDCA prohibiting nonresidential driveway access across residential zoning boundaries and adjusting the lot area requirements for manufacturing uses in the CI district (LDCA94-29)(CPJ Public Hearing & First Reading Ords. #5741-95 & #5742-95 - Land Use Plan Amendment to Commercial General & CPO Zoning for property located at 509 Bayview Ave. & 508 Meadow Lark Lane, McMullen Bayview Sub.. Tract A, Blk 3, Lots 1 & 2 and S 1/2 of r-o-w to the N (R. Roy Meador, LUP93.43, Z93-54HCP) - To be Cont. to 3/16/95 O2/2/95 12. 13. 14. 8. Approved. Ords. #5746-95, #5747-95 & #5748-95 passed 1 st reading. 9. Continued to 2/16/95. 10. Approved. Ord. #5764.95 passed 1 st reading. 11. Approved variance to permit a freestanding sign with an area of 12.88 sq.f1o. a height of 12.8', & a setback of O' from Mandalay Ave. r-o-w subject to standard setback condition. 12. No Item. 13. Approved. Ord. #5720-95 passed 1 st reading. I 14. Cont. to 3/16/95. i ~ \ j 1 , .: 2 ",j" , . I. .... '\v,~!~::vz;'.:;::'.':.,::' <'.:>'!:':,:,::>~::.';',;. :~,,:<:::.:: .:.\.~. 'I}) ,",,'fl..' -",. '.. , . . ' . :~,jr.~"l:"'"'1.,' " :" >.". . . 0"" .. /0" I" ,I) ~ . .... ~ '. r ", .. " i ~ Public Hearing - Second Reading Ordinances 15. Ord. #5713~95 - LDCA re neon lighting, illuminated area of signs & sign bases 'LDCA94~24) - Continued, 1 st reading on 1/19/95 cant. to 2/16/95 16. Ord. #5721-95 ~ re Standard Housing Code, amending Sec. 49.02 of City Code and Sec. 103.2 of Standard Housing Code, 1991 Edition, relating to unsafe buildings and repealing Sees. 49.04 & 49.05 of City Code relating to notices, public hearings and Commission action (CP) 17. Ord. 5755-95 - LDCA re outdoor retail . sales, displays, and/or storage in the Beach Commercial and Resort Commercial zoning districts (CP) Withdrawn, Denied on 1 st reading on 1/19/95 18. 15. Continued. 16. Ord. #5721-95 adopted. 17. Withdrawn. Special Items of widespread public interest () a) DDB Discussion 1) Ord. #5751-95 ~ remove City Clerk as SOE 2) Ord. #5753-95 - removing taxing authority 19. al 1) Ord. #5751-95 passed 1 st reading. 2) Ord. #5753-95 passed 1 st reading. Citizens to be heard re items not on the Agenda Ken Rosenow requested the issue of the tourist tax be agendaed. CITY MANAGER REPORTS 20. Joint Facilities Agreement, Pay Coin Agreement for ten year term, & First Reading Ord. #5757-95 - granting to GTE Florida, Inc., permission to occupy municipal streets & rights of way in Clearwater as a means of providing telecommunication services; prescribing terms & conditions accompanying grant of franchise (IA) , \....,.)2/2/95 20. Approved. Ord. #5757-95 passed 1 st reading. 3 'j i , ,. ~ " ~~ 24. Other City Attorney Items a) (Cont. from 1/30/95) Revised Scope of Services - David Cardwell . ~I'. 1. : ': ::' ,\ ... t' " > 'f...ih,.,.,;.,,.'" '" ," . r.;}~.~.~~',':'~' ....~ < .' . Cl ", .' '< . 021. 22. i..' V 2/2/95 ~ ~:, i:. ,\ .:' " .. . ,. ,," , .... -'1 First Reading Ord. 6756-95 - extending term of franchise agreement with Vision Cable of Pinellas, Inc., to 8/21/95 (1M) 21. Approved. Ord. #5756-95 passed 1st reading. Other Pending Matters a) (Cant. from 1/19/95) Sidewalk Vendor and Outdoor Cafe Ordinance - Issues (previous ordinance re this topic, #5658-94 withdrawn at 11/17/94}(CPJ b) Res. #95~17 - Endorsing the nomination of St. Joseph' Sound to the list of "S.W.I.M. Priority Waterbodies" in 1995 c) Sand Key Civic Association request re Clearwater Pass Bridge tolls 22. a) Direction given. b) Approved. Res. #95-17 adopted. c) Withdrawn. CITY A TTORf\!~.Y REPORTS 23. a} Res. #95-16 adopted. Resolutions a) Res. #95-16 - relating to rules of procedure for Commission; creating Rule 20 defining absence of Mayor-Commissioner; creating Rule 21 defining excused absences; creating Rule 22 establishing strategic planning sessions 23. 24. a) Approved. 25. City Manager Verbal Reports The City Manager outlined negotiation points the Chamber of Commerce is proposing re the old Utilities Building. Direction given. I i I ] ! 25. 26. Commission Discussion Items 27. Other Commission Action 26. None. 27. Fitzqerald reported issue raised at Mayor's Council re no funds in proposed State budget for beach renourishment needs to be followed closely. Staff to follow up. 28. Adjournment 28. 10:19 p.m. I I \ 1 1 l ~ 4 . . . . . .' ~ . . ....' . . ~ . .' . , . >>l:-:.y.J..t....:.........; +. i.~~;.l::':.:\.>:.,>:.:. .' .': ". ./ ~ . . ': ' ~. ,,' ..' 'I:'~ I : ........: y.J( CITY COMMISSION MEETING '" February 2, 1 995 The City Commission of the City of Clearwater met in regular session at City Hall, Thursday, February 2, 1995 at 6:01 p.m., with the following members present: Rita Garvey Fred A. Thomas Richard Fitzgerald Sue A. Berfield Arthur X. Deegan, II Also present: Elizabeth M. Deptula Kathy S. Rice William C. Baker Pamela K. Akin Scott Shuford Cynthia E. Goudeau Patricia Sullivan Mayor/Commissioner Vice-Mayor/Commissioner Commissioner Commissioner Com missioner CI:ity Manager Deputy City Manager Assistant City Manager City Attorney Central Permitting Director City Clerk Board Reporter ,......., . )" ---- The Mayor called the meeting to order. The invocation was offered by Deacon Albert Tibbetts of St. Cecelia's Catholic Church. The Mayor led the Pledge of Allegiance. In order to provide continuity for research, the items will be listed in agenda order although not necessarily discussed in that order. ITEM #3 - Service Awards - None. ITEM #4 - Introductions and A wards Proclamation: National Burn Awareness Week - February 5 - 11, 1995. The Mayor recommended broadcasting the Safety Village video on C-View TV, Channel 35. ITEM 115 - Presentations I , ; ! I , a) Environmental Advisory Board. Annual Report Mike Foley, Chair of the Environmental Advisory Board (EAB), presented the Annual Report. Topics discussed during past meetings include: 1) Undeveloped Properties List - the board requested Commission authorization of staff time exceeding eight hours to assess approximately 25 properties to identify preservation possibilities prior to proposed development; 2) Landscape Ordinance - to be proposed; 3) Changes to Comprehensive Plan - to be recommended; 4) Watershed Management - water quality issues are primary ~ mincc02a.95 1 02/02/95 {1~:.:~ J~~ :.. ~ board concerns including a recommendation for proper septic tank regulation that may include sewer system connection; 5) Wetlands Setback Ordinance - board supports and recommends approval; 6} Tree Topping. board recommends passage of ordinance; will review related legal issues; 7) St. Joseph Sound as SWIM Waterbody - board recommends nomination; and 8) Others - Tampa Bay National Estuary Program; bayfront projects; gas station tank issues; parking lot runoff; storm water utility; potable water; and other matters on which to advise the commission. For the coming year, the EAB will review potable and other water quality issues and address fishing needs, landscaping, groundwater contamination, bayside and coastal development. Major development and redevelopment projects will be studied. Tall bridge design may become an issue. Mr. Foley said the EAB requests the Commission look for sensible, innovative and cost-effective ways to preserve, protect and improve the environment. The Mayor thanked Mr. Foley and EAB board members for their time, effort, and commitment. b) Rice Williams - Cable Update ~~) Jean Rice, of Rice Williams, said her company has completed a technical evaluation of the Vision Cable system and a consumer market survey to determine customer needs and problems, reviewed community organizations and their needs, assisted the City in drafting a request for renewal proposal, and reviewed Vision Cable's response. At this point, the City has been asked to act on a transfer request from Vision Cable to Time . Warner, a joint venture. Jean Rice said this process has a federally mandated period of ) 120 days when the City must either deny or approve the transfer. The proposed ownership is two-thirds Time Warner and one-third Advance Newhouse for a total group of 4.2 million subscribers. Rice Williams is assisting the City in reviewing the joint venture's legal, technical, and financial capabilities to provide the services. She said the goal is to be certain the consumers receive good service at good rates and that the company has the capability to offer the service as expected over the time frame. Jean Rice said Vision Cable's customer service level is high and recommended including a requirement in the contract that this high level of customer service be maintained. She recommended including a codicil on the transfer regarding maintaining rates at a reasonable level in accordance with the federal guidelines. She said Rice Williams is closely reviewing the joint venture's financial condition and has submitted a series of questions for response within the next week. She noted Time Warner is a large company that is expanding rapidly. Jean Rice said it was important that capital improvements such as rebuilds, system design improvements and improved customer service not be deferred due to financial pressures. She said the goal is to protect the consumer throughout the transfer process. i I i f ! I I 1 I ~ , I i As part of the transfflr process, Rice Williams has reviewed Vision Cable's compliance with the existing contract. Vision Cable has responded to correspondence regarding several issues. There will be a meeting to further refine the responses. mincc02a.95 2 02/02/95 . . ~ . . .',. . . . ,.' . " . .. ' ,:. .. ' , ,1~.l\',.. . ~\ ".'. F ~ Jean Rice indicated the Commission will be asked tonight to extend the current i franchise and recommended after the transfer is acted upon the City look to renew the contract for a longer period because the system needs to be rebuilt. She saId customer service continuing at a high level will be a high priority. Je::Jn Rice said governmental issues that need to be addressed include institutional services for the government, continuation of local programming and access, and establishment of a framework should competition occur in the near future. She said two consumer issues governed by Federal authority include C-Span 1 and C.Span 2 as basic service and federally allowed quarterly rate adjustments. Rice Williams will continue to work with the City to assure the best possible system is provided to meet community needs at a reasonable cost. Commissioner Thomas noted Dan Katsiyiannis, Internal Audit Director, recently conducted an audit of the financial contract with Vision Cable. He questioned if Mr. Katsiyiannis audited Vision Cable's advertising revenue received in Pinellas County. Mr. Katsiyiannis said he did. Commissioner Thomas questioned if revenue from corporate Vision Cable to local Vision Cable was identified and if the City had received income on national advertising revenues. Mr. Katsiyiannis indicated he observed no national advertising revenues flowing to Vision Cable Pinellas. Mayor Garvey questioned if that were possible. Commissioner Thomas questioned if it is fair to assume that Vision Cable Corporate had revenues for national advertising. Jean Rice said it was fair to assume that any of their subsidiaries who owned some portion of a programming service would have received advertising revenues. Commissioner Thomas questioned if Mr. Katsiyiannis' audit identified any local infomercial revenue. Mr. Katsiyiannis indicated it did not. Commissioner Thomas questioned if any infomercial revenue came to Vision Cable Pinellas. Mr. Katsiyiannis said none was identified. Commissioner Thomas questioned if it was reasonable to assume that infomercials are a "sold" product and "time" package and revenues are flowing to the Vision Cable empire. Jean Rice said the revenues would go to the specific group selling cable time. Commissioner Thomas questioned if there was a fiduciary relationship between the group selling cable time and the local franchise. Jean Rice agreed. Commissioner Thomas noted the City's contract with Vision Cable calls for the City to receive a percentage of all Vision Cable revenues and questioned if the City should not be reimbursed for those revenues. Jean Rice said complications are associated with how revenues relate to this system. In the next set of discussions, Rice Williams will ask Vision Cable to disclose any of that type of information going up to Advance/Newhouse. Commissioner Thomas noted Time Warner's aggressive growth pattern, the huge amount of debt they are adding to their balance sheet and the recent downgrading of Time Warner's securities to nearly junk bond levels. Jean Rice indicated Time Warner was downgraded to "Credit Watch," which indicates the industry is reviewing it because of concern. Commissioner Thomas questioned what would happen to the City if the transfer is approved and Time Warner files for Chapter 11 bankruptcy. Jean Rice agreed there would be ramifications. Commissioner Thomas questioned if the City would be at higher risk under Time Warner. Mayor Garvey questioned what the greater risk was. Commissioner ~ mincc02a.95 3 02/02/95 . ~.. ., . . . ". . .. ' . . '. ',I .. ~.;:t~: r.': ~"., ' . --...., Thomas said there was a risk that all service could be stopped. Mayor Garvey questioned if the City could deny the transfer. Commissioner Thomas said the City needs to include an agreement regarding risk in the contract. He recommended the contract state that the infrastructure comes back to the City should Time Warner file for bankruptcy. Jean Rice said that was a negotiable issue.' Commissioner Thomas expressed concern regarding Time Warner's mega-buying and questioned if there is a danger of them becoming a monopoly requiring a federal break up. Jean Rice said that issue was reviewed in 1992. She felt the cable and telephone companies are poised for competition and that matter may not be faced. Commissioner Thomas questioned if the contract could include an option for the City to take back the infrastructure should the Federal government force Time Warner to break up. Jean Rice said that could be negotiated. Commissioner Thomas requested these issues be on the table. He did not think the City has been reimbursed fairly. He expressed concern that the City is protected on both sides of the equation in the proposed transfer of the system to Time Warner. Mayor Garvey noted negotiations are continuing. The issue is not an easy one. ITEM #6 - Aooroval of Minutes Commissioner Berfield referred to the regular meeting of January 19, 1995, page 50, Item 55, and noted the City Manager first referred to Commissioner Deegan's memorandum. Mayor Garvey referred to page 48 and noted Ms. Rice had been referred to "'-~ as Mr. Rice. I '\ ......../ Commissioner Thomas moved to approve the minutes of the regular meeting of January 19, 1995, as corrected. The motion was duly seconded and carried unanimously. ITEM #7 - Citizens to be heard re items not on the AQenda Shirlev Moran requested that agendas be available at the information booth on City Hall's first floor. Ms. Moran expressed concern regarding a recent accident involving a senior pedestrian. She noted physical deterioration occurs with aging and this community has a high concentration of senior citizens who have problems crossing roads. She recommended establishing a Task Force to look at this problem and research solutions. Commissioner Deegan suggested the citizen advisory committee of the Metropolitan Planning Organization (MPO) be asked to review this issue. He said the problems have been discussed in the newspaper and noted senior citizens have difficulty with traffic signals and get rattled when the "Don't Walk" symbol flashes before they have completed their crossing. Mayor Garvey recommended educational information regarding this problem be broadcast on C-View TV. Jane Stinson felt she should have a choice regarding participation in the City's recycling program. The Mayor indicated staff will address her concern. mincc02a.95 4 02/02/95 . ,~ . . I . I .' '. . ~ ~ ,I. . , , rf~(.i~"'~+ \ I~ .', Dennis HenF~qar expressed concern that the case regarding his break-in last Wednesday already was closed. He said he is a taxpayer and wants the protection for which he is paying. The Mayor indicated the Commission would review staff's report. PI,lBLlC HEARINGS ITEM #8 ~ Public HearinQ & First Reading Ords. #5746-95. #5747-95 & #5748-95- Annexation, land Use Plan Amendment to Residential low & RS-8 Zoning for property located at 1947 W. Skyline Dr., Skyline Groves, Lot 105 le.M.l. Building Co., Inc., A94- 27, lUP94-31 HCP) The subject property is north of Sunset Point Road and east of Top of the World's south entrance on the east side of West Skyline Drive. The applicant wishes to annex to obtain City sewer service for a single family home to be built under a County building permit. The property is contiguous to the City; the street right-of-way in front of the property is in the City. City properties in the subdivision have a City and Countywide Future land Use Plan Classification of Residential Urban. County lots have a County/Countywide Classification of Residential Low. Upon annexation, staff recommends the City assign the property a Future land Use Plan Classification of Residential low and a zoning of RS-8. This is one of the subdivisions with mixed land uses being discussed by City and Pinellas Planning Council staffs in hopes of establishing a single land use for each affected subdivision. On January 10, 1995, the Planning & Zoning Board endorsed the proposed , '......) annexation, Future Land Use Plan Amendment to Residential Low and Zoning Atlas ......,.." Amendment to RS-B. Commissioner Barfield moved to approve the petitlon for annexation, Future land Use Plan Amendment to Residential low, and Zoning Atlas Amendment to Single Family Residential Eight for lot 105, Skyline Groves Subdivision. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #5746-95 for first reading and read it by title only. Commissioner Berfield moved to pass Ordinance #5746-95 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 City Attorney presented Ordinance #5747-95 for first reading and read it by title only. Commissioner Fitzgerald moved to pass Ordinance #5747-95 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayeslt: Fitzgerald, Berfield, Deegan, Thomas and Garvey. "Nays": None. <-- mincc02a.95 5 02/02/95 ~ .' ' I .' . . .. . " . I I ' ~. ,- . '.' . .:"_..... :~~\~~': '.';: . .1-;, .' The City Attorney presented Ordinance #5748-95 for first reading and read it by title only. Commissioner Deegan moved to pass Ordinance #5748-95 on first reading. The motion was duly seconded and upon roll call, the vote was: ~ "Ayes": Fitzgerald. Berfield. Deegan. Thomas and Garvey. "Nays": None. ITEM #9 - Public HearinQ & First ReadinQ Ords. #5743-95. #5744-95 & #5745-95~ Annexation, Land Use Plan Amendment to Residential/Office/Retail & CPD Zoning for property located at 24244 US 19N. Annexation/LUP for Haas Sub.. Lots 3-8 and Blackburn Sub.. part Lot 3 & abutting r~o~w for Lawson Rd. & Haas Ave.; Zoning for Haas Sub.. Lots 1-8 and Blackburn Sub., Lot 3 (Ridge Haven Associates. Ltd., A94-28. LUP94-32)(CP) I . I I \ I I I ~ The Mayor noted staff is requesting continuing this item. Central Permitting Director Scott Shuford indicated minor changes to the site plan were required. He referred to issues regarding the mobile home park and noted the applicant has advised the City they have agreements to purchase all but five of the 60 units. The Mayor questioned if the representative agreed with the continuance. Mr. Shuford indicated the representative had been advised of the continuance and was not scheduled to be present. Commissioner Thomas moved to continue this item until February 16. 1995. The motion was duly seconded and carried unanimously. ;,'-) Mayor Garvey questioned if any changes had been made to State law regarding ........ mobile home park conversions. The City Attorney will provide a written statement. ITEM #10 - Public Hearing & First ReadinQ Ord. #5764-95 - CI Zoning for property located at 1200-1222 N. Betty Lane and 1209-1223 Fairburn Ave., Fairburn Addition. Blk. C, Lots '-4 & 7-12 (Homeless Emergency Project Inc.. Z94-16HCP) The subject property takes up all but the two southwest lots of the block at the southwest corner of N Betty Lane and Engman Street. The applicants request rezoning to facilitate the relocation and expansion of the emergency sheller from the block south of the Everybody's Tabernacle property. A prefabricated unit. housing up to 15 people. has been installed in the center of the former rental storage facility located at the property's southeast corner. The applicant proposes to remodel the individual storage units into three and four bed sleeping units and bathroom. The existing manufactured building would be used as a kitchen. dining area and double as a general use area. Office space for staff and laundry facilities will also be provided. On January 24, 1995. the Planning and Zoning Board reviewed this application. Mr. Shuford said staff will be looking at this general area to include in Infill Commercial zoning. a more suitable category. Barbara Green said the changes will provide additional dormitory accommodations and office space for a free dental clinic and support services. mincc02a.95 6 02/02J95 " '; ,. . '\ '. -l . , . . ~ '. ! '. ' . . . , . ~ " ~1l'i.'i ;. . .: .' . r .~.. . . .-...., J D Eastridge. Deputy Chief Operations Bureau, represented Chief Klein to support the proposal. Commissioner Barfield moved to approve application for Zoning Atlas Amendment to Infill Commercial Lots 1 through 4 and 7 through 12, Block c, Fairburn Addition. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #5764-95 for first reading and read it by title only. Commissioner Thomas moved to pass Ordinance #5764-95 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey. "Nays": None. ITEM #11 ~ Variance(s) to Sign Regulations for prooertv located at 650 Mandalav Ave., Revised Map of Clearwater Beach, Blk. 3/ Lot 10 (Damsker/Beach Break, SV95-08HCP) The applicant is requesting a variance to permit a freestanding sign with an area of 12.88 square feet, a height of 12.8 feet, and a setback of zero feet from the Mandalay Avenue right-of-way, in a zone where freestanding signs are not permitted unless a minimum 1 5-foot building setback exists. \. , '. The subject property is located on the northwest corner of Mandalay Avenue and .:J ldlewild Street, and is zoned Beach Commercial. Most of the residential structure is set. back 17 feet from the Mandalay Avenue right-of-way. However, the structure/s northernmost portion is positioned approximately four feet from the right-of-way. The existing freestanding sign is rendered nonconforming and subject to the City's sign compliance program because the residence does not meet setback conditions. The existing 12.88 square foot sign is 12.8 feet high and without any setback from the Mandalay Avenue right-of-way. Its view is unobstructed to northbound and southbound traffic. The sign advertises the commercial occupancy fronting Idlewild Street, approximately 35 feet from the Mandalay Avenue right-at-way. Staff feels special circumstances apply to this property that give rise to approval of this variance. The sign is comfortably situated in a front yard, it is in scale with the property's development, it is modestly proportioned, and the portion of the building to which the sign relates is set back substantially greater from Mandalay Avenue than the minimum necessary to allow a freestanding sign by right. Betty Damsker, applicant, verified the photographs of the sign presented by Mr. Shuford. She said the sign is very important and advertises the small pizza shop she rents to a family man. She requested that the sign be allowed to remain so business will not suffer. mincc02a.95 7 02/02/95 ',,;. .' '....,. " . " ' " ... . ' .. *tf""" . ~1?;" '. .-'" , " Commissioner Deegan moved to approve a variance to permit a freestanding sign with an area of 12.88 square feet, a height of 12.8 feet, and a setback of zero feet from the Mandalay Avenue right-of-way, in a zone where freestanding signs are not permitted unless a minimum 1 5-foot building setback exists, on property identified as Lot 10, Block 3, Revised Map of Clearwater Beach, for meeting Sec. 45.24 Standards for Approval, items (1 H4), subject to the following condition: By maintaining a sign within the street setback pursuant to this variance, the owner and applicant agree that no governmental agency shall be liable for the cost of relocating or removing the sign in the event the property is acquired by eminent domain for road widening or any other public purpose. The motion wa5 duly seconded and carried unanimously. ITEM #12 - No Item. ITEM #13 - Public Hearing & First Readinll Ord. #5720-95 - LDCA prohibiting nonresidential driveway access across residential zoning boundaries and adjusting the lot area requirements for manufacturing uses in the CI district (lDCA94-29HCP) As part of the lakeview Road Zoning study, staff recommended changing City code requirements to protect residential uses. Zoning district lines could restrict property access to protect surrounding residential development. In most communities, zoning district boundaries run along the center line of roadways. A different approach is utilized In some communities and residential zoning boundaries run along one side of the road right-of-way. Regulations can be developed to ,'<"~-\ stop access of nonresidential zoned property across residential zoning boundaries. In .....,.1 communities where it is used, the regulation is qualified by allowing access to "residential" streets if no other "nonresidentialll access is available. If the City pursues such regulation, a survey will be done to identify streets as "residential" and "nonresidential." The long range study could be included in the Central Permitting work program for FY 1995/96. In the interim, this regulation would help small scale zoning studies currently being prepared. For the Lakeview Road study area, residential uses on the south side of Dempsey Street would receive increased protection if the residential zoning boundary was shifted to the north side of the Dempsey Street right-of-way, and no new nonresidential driveways were permitted from Dempsey Street. . As the City reaches full development, it is important to address inevitable conflicts between land uses. Though many Itbig" planning issues have been resolved, careful redevelopment and lnfill planning to minimize land use conflicts are needed. Staff recommends adjusting the lot area requirement for manufacturing uses in the CI district. The current conditional use permit requires a minimum of 30,000 square feet of lot area for this use; staff suggests a reduction to 10,000 square feet of lot area. Surrounding properties will be protected by the conditional use review and approval process. mincc02a.95 8 02/02/95 . .. ' " . .' . .1 . " . . , . . . . \J/-:\~'~"~ }""'\,' . ,~~~~ . : ,. ., ,-..." Commissioner Deegan noted the proposal recommends staff examine and indicate where limiting nonresidential driveway access across residential zoning boundaries is appropriate. He questioned if this zoning, proposed to protect surrounding residential development, could be begun on lakeview Road. Mr. Shuford said those zoning proposals can be made once other amendments to the Infill Commercial zoning requirements requested by the Commission had been approved. Commissioner Deegan referred to concerns by Dempsey Street residents and questioned if new zoning had been approved for that area. Mr. Shuford indicated part of the zoning was approved. The rezoning of the remaining portion was continued until this proposal could be approved. Commissioner Deegan moved to approve the Land Development Code Amendment . prohibiting nonresidential driveway access across residential zoning boundaries and adjusting the lot area requirements for manufacturing uses in the CI district. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #5720-95 for first reading and read it by title only. Commissioner Fitzgerald moved to pass Ordinance #5720-95 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey. "Nays": None. ...- . \ \_/ ITEM 1114 - Public Hearina & First Readinq Ords. #5741-95 & #5742-95 - land Use Plan Amendment to Commercial General & CPD Zoning for property located at 509 Bayview Ave. & 508 Meadow Lark lane, McMullen Bayview Sub., Tract A, Blk. 3, lots 1 & 2 and S 1/2 of r-o~w to the N (A. Roy Meador, lUP93-43, Z93-54HCPJ Commissioner Thomas moved to continue Item #14 to March 16, 1995. The motion was duly seconded and carried unanimously. Public Hearing - Second ReadinQ Ordinances ITEM 1115 - Ord. #5713-95 - LDCA re neon lighting, illuminated area of signs & sign bases (LDCA94-24) Commissioner Thomas moved to continue Item #15. The motion was duly seconded and carried unanimously. ITEM #16 - Ord. #5721-95 - ra Standard Housing Code, amending Sec. 49.02 of City Code and Sec. 103.2 of Standard Housing Code, 1991 Edition, relating to unsafe buildings and repealing Sees. 49.04 & 49.05 of City Code relating to notices, public hearings and Commission action lCP) The City Attorney presented Ordinance 115721-95 for second reading and read it by title only. Commissioner Deegan moved to pass and adopt Ordinance 115721-95 ."-...- mincc02a.95 9 02/02/95 t<t~~i:ll!,:>. '~. :li~:(" . .~.~. , ", ,~ j on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Fitzgerald. Berfield. Deegan, Thomas and Garvey. "NaysH: None. ITEM 1t17 - Ord. 5755-95. LDCA ra outdoor retail safes, displays, and/or storage in the Beach Commercial and Resort Commercial zoning districts (CP] Item #17 was withdrawn as it was denied January 19, 1995 on first reading ITEM #18 - Special Items of widesoread public interest a) Downtown Development Board (DDS) Discussion 1) Ord. #5751-95 - remove City Clerk as Suoervisor of Elections The City Attorney presented Ordinance #5751-95 for first reading and read it by title only. Commissioner Thomas moved to pass Ordinance 1t5751-95 on first reading. The motion was duly seconded. Mayor Garvey expressed concern regarding the wordiness of the proposal and recommended the language be simplified. Commissioner Thomas said the ordinance was () to be certain the DDB follows the law. The City Attorney said at present the ordinance ~. reads "the City Clerk shall act as the election supervisor." This ordinance strikes "the City Clerk" and states the DDB must use an independent firm. Mayor Garvey suggested seven paragraphs could be deleted. The City Attorney said if those paragraphs were deleted. no procedures would be established' by the ordinance for DDS elections. The Mayor recommended the DDS follow State law. The City Attorney said the DOB is not presently bound by State statute and the election rules are in the ordinance. Mayor Garvey questioned why the DDB must use an independent firm. Commissioner Thomas said that would make it an independent issue. He said if that language is not included, the DDS could conduct their electlon as they desire. He noted the purpose of this ordinance was to remove the City from DDS elections. Mayor Garvey agreed with removing the City Clerk as Supervisor of Elections but did not think all of the language was necessary. Commissioner Fitzgerald requested DDS input and comment on this action. He questioned the ramifications of actions proposed by the Commission. David Stone, DDB Vice Chair, sald he was not prepared to address this issue as he has not had time to think it through. He noted the change would increase DDS's cost approximately $15,000. which is significant. Mayor Garvey questioned if the DDB could contract with the City Clerk for these services. Commissioner Thomas said the purpose of this ordinance is to remove the City from managing the DDS. Mayor Garvey questioned if the City could be contracted to provide that servlce. Commissioner Thomas said the '",,/ mincc02a.95 10 02/02/95 ~~.I:~~Y . . T -... , Commission is trying to create an arms' length transaction between the two bodies by removing the City Clerk from the procedures. Elise Winters, former ODS Chair, said the DOB already pays for the City Clerk's services. She said she had not yet thought through this issue. She expressed concern the language is carefully examined. Mayor Garvey requested the language be reviewed before second reading. The City Attorney suggested the term "independent agency" could be used instead of ilindependent firm. II Ms. Winters said she was more comfortable with that language. Upon roll call, the vote was~ \I A yes" ~ Berfield, Deeg an and Thomas. "Nays": Fitzgerald and Garvey. Motion carried. 2) Ord. #5753-95 - removing taxing authority t' The City Attorney presented Ordinance #5753-95 for first reading and read it by title only. (:) David Stone, DDS Vice Chair and representative of Citizen's Bank, said he opposed the ordinance. He said the DDS exists to aid and further the redevelopment of Downtown. He expressed surprise that some think the DDS and Community Redevelopment Agency (eRA) works at cross purposes. He said the DDS has been actively involved in the Downtown Partnership. The DDS promotes Downtown through committees and resources 'and supports worthwhile events and projects. He noted the DDS is the only organization exclusively representing the interests of Downtown property owners. A majority of property owners polled in June 1994, indicated they wanted to keep the DDS and continue its efforts to promote downtown. In a recent poll, 600/0 of the property owners indicated they wanted to keep the DDS. Mr. Stone said if the DDB's taxing authority is revoked, that money will not continue promoting Downtown. He noted the concern that a disproportionate amount of the DDS's budget is spent on administrative costs. He said that is not an accurate reflection of expenses. More than half of the DDS's budget would be spent on advertising agencies if the organization did not have a paid consultant to perform that function as welf as many other tasks. He agreed reducing expenses would be a worthy goal. He indicated the DDS will meet with the Chamber of Commerce regarding a possible contract to meet some DDS administrative support needs for a lower cost. Mr. Stone said the DDS wants a harmonious relationship with the City and hoped occasional problems could be discussed and solved. Steve Fowler said he grew up in and around Clearwater and felt Clearwater's Downtown has slowly died over the past twenty years. He said a partnership now exists that is bringing Downtown back. The momentum has started and he requested the Commission not stop it now. mincc02a.95 1 1 02/02/95 . . . " ot- . ,... . . . ' ~. I I r\.' ,'. -" Daniel Lieter, DDB Chair, agreed with Mr. Stone. Mr. Lieter wanted to emphasize that Downtown wants, needs and deserves the DDB. He said taking away DDB's funding will destroy the organization. He noted the straw poll voted 3~2 to retain the tax the ordinance would revoke. He said the DDB is the only organization that specifically represents the Downtown community of businesses and residents. Mr. Lieter said the DDS will pursue every avenue to become more efficient and cost effective. He said taking away the DDB's taxing authority would destroy the DDS and would be bad for Downtown. Lillian Trickel said she and her husband have been Downtown merchants and property owners for 50 years. She questioned why the Commission has been trying to put the DDB out of business for the last 1 8 months. She said the Commission is trying to circumvent the law by removing the DDB's taxing authority. Ms. Trickel said the DDB has brought thousands of people Downtown for different events including concerts and parades. She said other Downtown business owners are as disillusioned as she is. She said the DDS is grateful for past Commission support of onstreet parking on Cleveland Street; the Kravis parking lot; and Station Square Park. Ms. Trickel felt this: action will set Downtown redevelopment back for years. She requested the Commission vote against the proposed ordinance. , J Jacqueline Henegar, representing Douglas Manufacturing, reported she is conducting a petition to disband the DDB board. She said the move is not negative but is an attempt to remove additional taxes. She said 75 % of the core property is owned by the government, churches and. management corporations and noted it was difficult to contact owners. She said many owners she contacted were interested in signing the petition and wished her luck. She said most Downtown property owners live out of town or out of State. Ms. Henegar indicated she prepared new voting sheets and sent them to those who had indicated they had thrown away their DDB ballots. She said she will continue with her petition until she achieves a true majority vote. She felt the DDB board does not want to give up its $130,000 annual income. She said other organizations that work hard for Downtown Clearwater include the CRA, the Merchants' Association and the Chamber of Commerce. She said she would agree with the tax if the whole City was taxed. She felt the City Commission and CRA are capable of implementing all needed Downtown improvements. She requested the City Commission support removal of the DDB's taxing authority. Joyce Baskin indicated she received a fax from Fred Wilder indicating he voted the five parcels he owns in the core area to disband the DDS as it is duplicative of the CRA. She said a fax from Mr. and Mrs. Maxwell Hazelwood, owners of two core area parcels. indicated they voted to disband the DDS. As representative of H H Baskin, owner of five core parcels, Ms. Baskin indicated all parcels voted to disband the DDB. She distributed correspondence from Terry Tsafatinos supporting the proposed ordinance. Ms. Baskin said these votes represent the consensus of hundreds of people with whom she has spoken. She noted people's concern is that the tax money has not been spent wisely by the DDS. Dwight Matheny, core area property owner, said he likes what has been happening Downtown. The motion has been very positive and needs to be maintained. He recommended leaving the DDB alone. He said he had no problem paying the tax. mincc02a.95 12 02/02/95 .~;'.~~. : ":. ~ Bob Wright, member of the DDB government liaison committee and private citizen, questioned if it was appropriate for the City Commission to involve themselves with the DOB's internal organization. He said the 008 has been in existence for 20 years and the CRA for 14 to 16 years. Neither has had a terrific track record. He noted the DDS taxes themselves and spends their own funds. He felt elimination of the DDS should be up to its members. Bob Bickerstaffe said he has watched the eRA and DDS and feels there is a duplication of efforts. He said the organizations by themselves, are of no value and could not do anything by themselves. He said all development has been done by the City. Mr. Bickerstaffe said the eRA is starting to take a positive direction. He felt the CRA, Commission and staff can do more together. He spoke in favor of eliminating the DDS. Dennis Henegar said many people who favor the DDS have not paid DDB taxes for twenty years. He recommended the Commission not listen to those who do not pay DDS taxes. He said the DDB would lose if Pierce 1 OO's votes were eliminated. He questioned what happened to the $2~million collected in taxes during the past twenty years. He said core property owners pay the taxes although they are not the only ones attending Downtown events. He recommended the tax be enforced Citywide. He said he originally thought DD8 taxes funded sidewalks, planters, and trees but found out the eRA funds those activities. He expressed concern that salaries ate up all of DDB/s funding and expressed concern that DDS money was not being spent wisely. Kate McCollough, DD8 member, said all of the goals for Downtown are the same. /""-. She referred to a parable', "Lesson from Geese" by Milton Olsen. She suggested people ,J who share a common direction and sense of community can reach their destination more quickly and easily when they travel on the thrust of one another, like geese. Margaret Hyde expressed concern with removing the DDB/s taxing authority which provides Downtown business owners with the ability to promote Downtown. She said it was ironic that the Commission is now considering establishing a taxing authority on the beach. She said it was sad that a few negative people get so much attention. She noted Downtown property owners were polled twice in the past few years and voted to support the DDS. Ms. Hyde recommended the Commission/s decision reflect the wishes of the majority and not the negative attitudes of the few. She requested the Commission listen to the majority of Downtown taxpayers who have voted to retain the board. Elise Winters said, despite an active campaign to disband the DDS, the vote was 141 to keep the DO Sand 101 to disband. Not all Pierce 1 00/ s 108 votes voted to keep the DDS. She said the majority of core area property owners want to retain the DDS because the DDS is the only board over which the owners have complete election authority. Ms. Winters said Commissioners must wear two hats when representing the City and the eRA. She noted the combined DDS and CRA budgets are not large. If the authority is cancelled, she pointed out the Commission will say good bye to $130,000 annual income, forever. She noted the Government Liaison Committee consists of representatives from City and County governments. Ms. Winters said the DDS supports many events that bring people Downtown. mincc02a.95 13 02/02/95 I .. .,~ . . \' I . I "'" ~. "". ./~ ~"" " ,~ " .":". I~" '~r~'-.'. -:" -----, The Mayor said she thought a Downtown partnership existed and expressed support for the DDB continuing its present direction. Commissioner Thomas moved to pass Ordinance #5753-95 on first reading. The motion was duly seconded. Commissioner Thomas said the DDS has collected more than $2-million in taxes over the past 20 years and was supposed to use that money to develop Downtown. He did not think the oDB did a good job with the money. Only in the past two years has the City Commissi.on and CRA been aggressive about redeveloping Downtown. c-""'-\ \..",, Commissioner Thomas said the Commission changed the charge to the DDB, telling them by Ordinance that their function was to promote Downtown. Although the CRA had an Executive Director and staff, he expressed concern that the DDS used their funds to promote Downtown by hiring a surrogate executive director at a good salary, and a secretary and incurred additional administrative overhead expenses including the purchase of a computer. He said this was a violation of their charge. Commissioner Thomas noted the consultant's resume indicated the consultant was computer literate although the consultant did not have a computer. Commissioner Thomas noted the DDB had to pay to train the consultant after purchasing a computer. He felt people are paying taxes and getting nothing for it. He noted if the ODS had accepted the Commission's charge to work with the CRA on promotion, this issue would not be here. He suggested the DDB wants its own private empire. Commissioner Thomas noted Downtown property owners have indicated they want to keep the DDS and pointed out the ordinance does not disband the DDS, it just removes its taxing authority. He recommended those who want to retain the DDS support it through voluntary contributions. He did not oppose the DDB standing on its own two feet. , I \ I I ! Commissioner Deegan said from some of tonight's comments, it appeared some think no efforts were made to cooperate and work as partners and he said there have been efforts to cooperate. Commissioner Deegan cited three principles: 1) The City Commission is responsible for enacting ordinances, reviewing the compliance of ordinances and recommending appropriate action; 2) The City Commission is accountable to the entire City for the well being of Downtown and cannot relinquish that responsibility: and 31 the Downtown belongs to all Clearwater citizens. Commissioner Deegan noted the DDS was created 20 years ago to redevelop a blighted area. The CRA was created 12 to 14 years ago for the same basic purpose and was given similar powers plus a few extra ones. The DDS has a millage cap of one mill while the CRA is financed through a tax increment mechanism. He said in 1989, a written policy was established recommending the DDB limit its activities to promotion while the CRA engage in "brick and mortar/l types of redevelopment efforts. In late 1993, the DDS retained a consultant and the eRA hired an Executive Director. Commissioner Deegan said the separation of duties was not followed. mincc02a.95 14 02/02/95 "" . I.... ... " . '. .. ,.' .), ....... <' _ ;--It~;~~.:.". .. . . .,~ In late 1993, the City's ordinance was rewritten and adopted to clarify each board's powers as a matter of ordinance. The DDS was directed to focus on marketing and promotion. The eRA Executive Director suggested forming a Downtown Partnership to encourage cooperation between the CRA, DDS, Chamber of Commerce, Downtown Clearwater Association, and the City. He said in 1994, eRA staff was encouraged to work with the DDS to find a common office to share. He noted the DDS accepted free space in the Chamber of Commerce building. Commissioner Deegan felt the work of several partnership committees was fraught with bickering. He indicated DDS members commented in public meetings that the DDS can act as it pleases because anything it does can be interpreted as marketing Downtown. Commissioner Deegan said DDB members made comments suggesting they run Downtown and the Commission should stay out of it. He noted the DDS and its consultant continued to make presentations on developing the waterfront as one of its goals when they knew the Commission was working toward a much different goal. Commissioner Deegan said two CRA representatives, who are ex officio members of the DDS, expressed concern regarding the last election and recommended it be redone. He said he is one of the members and pointed out that nothing was done regarding their suggestion. He felt the Commission's suggestions, as part of the partnership, were not welcomed or accepted by the DDS in the spirit of cooperation. Commissioner Deegan questioned what other conclusion he could have over this ..'....,'\ long period of time. He expressed concern that it appeared two groups are attempting to \...".,,,1 make decisions on Downtown without common goals. He said he has wasted much time listening to the discord including: the alleged impropriety of members during an ejection; the waste of that millage on administrative costs; and the inefficiency in the way those administrative duties are being carried out. He said the 008 claims to be totally independent but expects City services. He noted reports that DDS members and their consultant lobbied property owners to "Stand up to City Hall." He said there was an active campaign during the straw poll to support the DDS. Commissioner Deegan expressed concern that this problem interferes with his ability to serve the City. Commissioner Deegan Questioned if there was a solution to this situation. He said the straw poll does not refer to people but to parcels of property and some people cast nine or ten votes. He said no one knows the number of persons who favor retaining the DDS because that number was never determined. Commissioner Deegan said much of the material sent out with the ballot was fictitious regarding exaggerated claims the DDS made about their accomplishments. Commissioner Deegan wished comments had not been focused on personalities. It was important to judge a structure's effectiveness. He suggested just because things have been great for the past two years does not mean the DDS should stay in existence. He said some who spoke in support of the DDB do not have adequate knowledge of what the DDS does. Commissioner Deegan said cooperation is a two.way street. The DDB's lack of cooperation ;n 1994, made him think something had to be done. He felt the source of the mincc02a.95 15 02/02/95 . 4.. . . . >, . I. ~ " ,~ , . . " . . '.' > , . . . ~1'c::::. . I .-- DDS's lack of cooperation is their taxing authority, which has given the board a misguided sense of power. Commissioner Deegan said this ordinance deals with the DDB's authority to tax and is not doing indirectly what the Commission cannot do directly. This ordinance will not put the DDS out of existence and will leave them their duties to promote and market Downtown, relying on volunteers. Commissioner Deegan felt volunteers offer their time because they love Downtown Clearwater, not because they love the DDS. Commissioner Deegan noted the DDB does not run any Downtown projects but has acted as sponsor or co~sponsor of events carried out by volunteers organized by other agencies. He said the Downtown Clearwater Association has indicated a willingness to raise their dues. He did not think rescinding the DDB's taxing authority would cause Downtown to lose money or volunteers. Commissioner Fitzgerald said he favored the DDS and his opinion and analysis differed from Commissioner Deegan. Commissioner Fitzgerald felt the DDS is a positive force Downtown. He said this independent board was established by State legislation to accomplish certain things Downtown. He felt the DDB has carried that out, although he has not always agreed with all DDS or CRA actions. -" Commissioner Fitzgerald noted the DDS has asked the Downtown area twice in the last year if they want to retain the DDS. Each time, the majority voted to keep the taxing authority and the DDS district. He said this result indicates a dedication of people Downtown who want to tax themselves to help Downtown. He said the Commission cannot discount what the DDB has accomplished during the past two years. '.J Commissioner Fitzgerald said this issue is about power and control. He felt the Commission, through the CRA, wishes to control and dictate what goes on Downtown without dissension from an independent board that might view things differently. He said it was a shame all cannot work together toward a common goal. He said he was heartened a year. ago when the Downtown partnership was formed. The partnership faltered because an outpouring of assistance, particularly from the DDS, lead the way for Committees to accomplish various things. He said the large amount of DDS representation did not sit well with other folks. ; / I 1 I I ~ Commissioner Fitzgerald warned the Commission would be making a grave mistake if it removes the DDB's taxing authority. He reiterated the taxing authority can never be reinstated once it is removed. He questioned if the City, through the eRA, will replenish those funds and how that could be accomplished. He said the people of the district have indicated they want the DDS to continue. The DDS can only be disbanded by legislative action or board vote and he doubted the Legislature would vote to abolish the DDS. Commissioner Fitzgerald charged that removing the DDB's taxing authority was a back door way of disbanding them, despite Commissioner Deegan's comments to the contrary. mincc02a.95 16 02/02/95 . . .. . .. ~ j . .,' ~ ....' .' .. . . . . ... ~1:':' ;.., "- Commissioner Fitzgerald said he reviewed the documentation and questioned if the Commission has the authority to remove the board's funding capability. He said he would like the eRA to work with the DDS and other partnership members. He felt this action will drive a stake through the heart of efforts to revitalize Downtown and will divide the community. He felt the results of these actions would not be successful in the end and will harm Downtown. Mayor Garvey said property owners have indicated their willingness to pay the tax and felt it made no sense to take away a funding source for Downtown public relations. She said current Downtown public relations and promotion exist because the DDS has been doing their job. She said it was ironic that Commissioner Thomas would say that "people should not be forced to pay taxes if they do not want to." She questioned why the Commission would remove taxes property owners have indicated a willingness to pay. Mayor Garvey noted the DDS is an independent board. She suggested if the DDS may have a misguided sense of power, so too may the CRA. Mayor Garvey said she does not agree with all DDS decisions but recommended letting the board continue. She predicted the DDB would not continue without taxing authority funds. Commissioner Berfield said the Commission has been concerned with this issue for mora than one month. She did not think either side was totally right or wrong. She expressed interest in doing what is best for the City. She said the City is the issue. She said she wanted to be clear that the Commission is not voting to disband the DDS but is only addressing their taxing authority. She said the board and committees can proceed with their work. Commissioner Berfield reported her recommendation that the DDB work . .~....\ with the Chamber of Commerce to cut high administrative costs is moving forward. She ,......l suggested thinking of more ways to mesh the DDB and eRA. She said partnership members seem to be upset with each other instead of working together toward goals and accomplishing what a partnership should. Commissioner Berfield noted a majority of the property owners advised the Commission of their support of the DDS. A DDS member indicated two property owners had offered to continue paying the DDB tax whether the special taxing district was in place or not. She suggested property owners form a membership willing to continue contributing to the DDS. She said if property owners are not willing to continue paying a fee after the tax is revoked, they are not committed to the DDB. Commissioner Berfield expressed concern that she has seen little cooperation from any of the five partnership organizations. Commissioner Berfield said she would support the first reading of the ordinance, at this point. She said the DDB has between now and second reading to see what types of partnership they can arrange with the Chamber of Commerce or others. She said the ability is there although it has not been accomplished. She said the DDB was formed due to Commission action. The State law changed and now the legislature is in charge of disbanding the DDB. She said the taxing district was approved by City ordinance and the Commission is within Its right to dissolve it. Commissioner Berfield said several large Downtown property owners were not in a position to vote in the DDS's straw poll. She reported 43 City votes were not cast and could have swayed the vote had the City voted to disband the DDB. The Commission is mincc02a.95 17 02/02/95 , ,f , ' '. ' . " }' . , .' .' ~. " " ' . ' , ' , . o~\.j:;t~ ~ '. < ..-~ ~ . "",r --.. trying to be fair. She suggested all parties act like adults and not be focused on special interests. She indicated her cautious support of the first reading of the ordinance. ~.. ' Upon roll call, the vote was: ttAyes": Berfield, Deegan and Thomas. ttNays": Fitzgerald and Garvey. Motion carried. The Commission recessed from 8:37 to 8:54 p.m. ITEM # 1 9 - Citizens to be heard re items not on the Aaenda Ken Rosenow read a position statement regarding PinelJas County's tourist tax. He- is a general partner with the Aegean Hotel which is celebrating 20 years on Clearwater beach. Since the 3% tax was established in 1979, Clearwater has collected $26.7 million and the County has collected $85.g.million. He noted that Clearwater (mostly Clearwater beach) collected 31 % of the County's total. He said Clearwater beach collected 28.6% of the County's 1994 tourist taxes. The administration of these tax funds has been suspect and he suggested since the fund was tapped to support the ThunderDome, advertising has favored south County over north County and large resort properties instead of small ones. He said the Clearwater Beach Blue Ribbon Task Force's mission was to develop a plan to ...--\ enhance, maintain and promote Clearwater beach as a family-oriented resort, recreation ',--_./ and residential community. In 1994, the five Aegean facilities collected $48,000 in tourist tax and spent $40,000 on advertising and promotion. He said his clientele are mostly middle income. He said the small and medium size resort operations are the backbone of Clearwater beach's family-oriented community. He requested this item be agendaed soon for an in-depth evaluation of information and an opportunity for public participation. Mr. R9senow requested the City Attorney evaluate legal avenues to ensure the equitable expenditure of tourist taxes. The City Manager said she has attempted to contact Russ Kimball and Mr. Seaton, the City's representatives on the Convention and Visitor's Bureau (CVB), to better understand the eVB's posture and to express the City's concern regarding the tourist tax. The issue will come back to the City Commission. Commissioner Berfield questioned how appointments are made to the cva. Staff will research. CITY MANAGER REPORTS i \ I t ~ j f ITEM #20 - Joint Facilities Aqreement. Pav Coin Aareement for ten vear term, & First Readinq Ord. #5757-95 - granting to GTE Florida, Inc., permission to occupy municipal streets & rights of way in Clearwater as a means of providing telecommunication services; prescribing terms & conditions accompanying grant of franchise (IA) mincc02a.95 18 02/02/95 . ... .,' .'. ~. ., " . .' > , , . -I ' , . L . ~. ' . ~. / J. .... ~>.' . --. \ GTE of Florida, Inc. has agreed to abide by the terms of Franchise ordinance 5757- 95, and the Joint Facilities and Pay Coin agreements. According to Florida Statutes, municipalities cannot provide residential telecommunication services. Long Distance providers cannot become local providers. As a result, local telecommunication services are monopolistic in nature. Many think that Long distance and cable providers will be allowed to provide local telephone service within several years. If the City exercised its option to purchase or assigns its right to purchase GTE facilities within Clearwater, the City would be forced into costly and lengthy litigation regarding the purchase price. Southern Bell, Inc., the only other major local provider in Florida, offers no additional or better services to the City relative to services provided by GTE. J............., -. I ......~~ GTE Florida, Inc. Franchise Negotiation Highlights: 1) The Franchise is non exclusive and does not have a non competition clause; 2' Initial term of franchise is 1 O~years; 31 Telecommunication franchise fees for local service are limited by Florida Statutes to 1 % of local recurring revenue; 4} Any sale or transfer of GTE Florida, Inc. must be approved by the City Commission; 5) Required permits, GTE notification to the City when working in the right-of-way, etc. are all stipulated; 7) The City may require an audit of GTE's books at a minimum of once every five years; 8) GTE, Inc. has agreed to bury over 90% of all Telecommunication Facilities underground; 9) GTE, Inc. must obtain City permission to provide Wireless Communication services through the use of the public right-of-way; 10) The purchase of GTE property for the purpose of getting into the telecommunication business is in accordance with the City's ordinance; 11 ~ A separate joint facilities' agreement will allow the City to utilize GTE duct space, poles, and lines feet of charge for 10 years; 12} A separate Pay Coin agreement will provide the City 15 % commissions plus 1 % franchise fee and 7% public service tax on local service revenues for 10 years; and 13) The revenue audit with GTE has bean settled for $415,000. Dan Katsiyiannis, Internal Audit Director, said the new agreement is for a ten-year term. Compensation is set by Florida statute and includes a reimbursement of 1 % of recurring revenues. Penalties for non performance and poor service are stipulated in the franchise. . A new provision indicates if the City determines a balance is due of 5 % or more, GTE must pay for the audit costs. GTE has agreed to bury over 90% of its facilities underground. Presently, 50% are underground. Commissioner Deegan expressed concern that the 15 % commission may be itemized on customer bills. He said when the Commission discussed commissions with another franchise, the City was advised that this percentage does not come out of the franchise's revenue but is an extra charge passed directly to consumers. Mr. Katsiyiannis said this commission is for pay phone facilities only. Commissioner Deegan referred to page 9. (H)(2) and its reference to replacement poles. He questioned what material would be used. He said when the Commission previously talked with Florida Power, there was some discussion of getting away from . wood and instead using concrete or aluminum. Mr. Katsiyiannis thought GTE would continue using wood until it can bury its facilities underground. He said GTE attempts to use Florida Power poles as much as possible. Commissioner Deegan said when the Commission indicated they wanted a City standard, a question was raised if the City could .""-,, mincc02a.95 19 02/02/95 ~ > . ," .. I , . . " '. !. . ~S~.:/'.,:~. ': , raise Florida Power's standard. He questioned if the City could do the same with GTE. Assistant City Manager William Baker thought most of GTE's equipment is strung from Florida Power poles. The Mayor said if GTE is burying their facilities underground, Florida Power's pales should be addressed when the City negotiates their contract. Buzz David with Florida Power said most of GTE's facilities are located on Florida Power poles. Commissioner Deegan noted the detailed requirements included on page 9 indicate GTE sometimes uses their own poles. He said he hoped to upgrade GTE's poles. The Mayor noted Florida Power's contract comes up for renewal next year and suggested keeping this matter in mind. Commissioner Deegan requested that both companies abide by the same standard. Commissioner Thomas reported Mr. Katsiyiannis saved the City $415,000 in his audit of GTE. He congratulated Mr. Katsiyiannis and his department. Commissioner Deegan noted Mr. Katsiyiannis found another $20,000 in auditing Vision Cable. Commissioner Berfield questioned if GTE notifies the gas and power companies when they excavate. Mr. Katsiyiannis said they do. The Mayor hoped City staff coordinates utilities' actions. Commissioner Berfield said she was concerned with . cooperation between the utilities so they can work an a project simultaneously and'limit disruption. Margot Hammer, Regional Manager of Governmental Affairs for GTE, stated they coordinate when possible. I,:) Mr. 'Baker referred to page 2, # 11 where it states, "A separate joint facilities' agreement has been negotiated that will allow the City to utilize GTE duct space, poles, and lines free of charge for 1 0 years." Mr. Baker questioned if that agreement would extend to the City's placement of fiber optics. Ms. Hammer said she would have to defer to her legal staff. Mr. Katsiyiannis requested Ms. Hammer address Commissioner Deegan's concerns regarding the poles. Ms. Hammer did not know the types of pales GTE planned to use and indicated she would find aut. Ms. Hammer referred to Section 5, "Term of Franchise" and said it was commendable that the Cit.y recognized that technology is changing. She said a reopener clause is included in the franchise agreement to address video programming which is contingent on FCC approval. Ms. Hammer said if it is approved, GTE would pay appropriate franchise fees. Commissioner Thomas questioned if this agreement caps the City's franchise fee at 1 % on services ather than telephone. Ms. Hammer said the law states the 1 % fee is applicable to local recurring revenues. The only way to expand these fees is by legislative action. Commissioner Thomas noted this agreement is focused on telephone services. He questioned if the City has the right to negotiate a separate franchise fee for services ather than telephone communication. Ms. Hammer said that was why the reopener clause was included. Commissioner Thomas said it would be unfair for the City to collect a higher franchise fee from Vision Cable for the same service Ms. Hammer said that issue has been debated at the Washington DC circuit court level. "",--,,' mincc02a.95 20 02/02/95 . '.' -. \. .' ' . , ~ i ..' :,~';:.~ ;':: : .} Commissioner Berfield questioned if franchise fees are paid on income from the yellow pages. Ms. Hammer indicated yellow page advertising is a separate subsidiary and is exempt from that fee. Commissioner Thomas moved to approve the GTE of Florida, Inc. Telecommunication Franchise Ordinance, Joint Facilities Agreement, and Pay Coin Agreement for a Term of Ten Years. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #5757-95 for first reading and read it by title only. Commissioner Deegan moved to pass Ordinance #5757-95 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey. "Nays": None. JTEM #21 - First Readinq Ord. 5756.95 - extending term of franchise agreement with Vision Cable of Pinellas, Inc., to 8/21/95 (1M) (':') A 1 5-year franchise agreement with Vision Cable of Pinellas, Inc., granted on February 21, 1980, expires on February 21, 1995. The nonexclusive franchise agreement permits Vision Cable the use of City rights-of-way for the installation, operation and maintenance of a cable communications system within the City. In return, the City has received a 3% franchise fee based on gross annual revenues of Vision Cable. The fee base yielded revenues to the City of $329,399 for FY 1992, $334,142 for FY 1993, and $371.679for FY 1994. The City has been negotiating specific terms of a franchise renewal and additional time is required for discussions between the City and Vision Cable. The ordinance to extend the term of the present franchise agreement with Vision Cable for six months from February 21. 1995 to August 21. 1995. was developed for Commission approval. Vision Cable indicated its agreement in the term extension. Commissioner Thomas moved to approve extending the term of the franchise agreement with Vision Cable of Pinellas, Inc., by six months to August 21, 1995. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #5756-95 for first reading and read it by title only. Commissioner Fitzgerald moved to pass Ordinance #5756-95 on first reading. The motion was duly seconded. Commissioner Berfield expressed concerns that the current level of customer service received from Vision Cable remain the same. She requested the contract state that customer service will not be degraded and consumer costs will not be increased. The City Attorney said that agreement could be negotiated in the transfer and renewal. Ms. Barfield said she expects Vision Cable to negotiate with Time Warner for this extension. mincc02a.95 21 02/02/95 ~l~"'~ ~".'." '-'" . Commissioner Thomas said nothing can be degraded because the original contract will remain in place. Commissioner Berfield expressed concern that the level of service remains the same. Upon roll call, the vote was: "Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey. "Nays": None. Commissioner Deegan noted each Commissioner had a private briefing with Jean Rice of Rice Williams. He encouraged the City/s negotiating team talk strongly with Vision Cable regarding items in the current contract that are not being provided. He recommended the City expect Vision Cable to come into compliance during the extension. ITEM #22 - Other Pending Matters a) tCont/d from 1/19195) Sidewalk Vendor and Outdoor Cafe Ordinance - Issues (previous ordinance re this topic, #5658-94 withdrawn at 11/17/94)(CPJ ~ .,...) On November 17, 1994, the City Commission was scheduled to consider an ordinance prepared by staff for first reading. This ordinance regulated the location of sidewalk vendors and outdoor cafes. The Commission had several questions concerning ordinance provisions and directed staff to return with a list of issues for Commission discussion. Scott Shuford said the original ordinance was for outdoor cafes but no vendors on Clearwater beach. He noted outdoor cafes do not necessarily mean sidewalk cafes. He referred to four questions and, discussion: Issue 1: What zoning districts should allow cafes and vendors? Staff recommends permitting cafes in Downtown, N Greenwood commercial district and Clearwater beach and limiting vendors to Downtown and N Greenwood. Staff feels the draft ordinance involving Downtown and Clearwater beach initially should be adopted. North Greenwood should be added later as an ordinance update, to allow greater coordination of the ordinance with the N Greenwood Redevelopment Plan, Issue 2: Should Vendors and Cafes be allowed on public sidewalks? Staff recommends allowing cafes to locate on public sidewalks to create desirable street-level vitality. The widened sidewalks proposed under the "South Mandalay/ redevelopment plan would provide excellent locations for outdoor cafes. Given Commission concerns regarding vendor interference with permanent businesses, staff feels vendors should be restricted to public parks. Issue 3: Should Vendors be a110wed in public parks? '~. mincc02a.95 22 02/02/95 ~:~:\,: :.' ~:' '.'., -, Given Commission concerns regarding vendor interference with permanent businesses, staff feels vendors should be restricted to public parks. Issue 4: What ioeational and merchandise type controls are possible for Vendors? Staff recommends utilizing ordinance controls to regulate vendors to safe locations in public parks, and have staff develop a "Marketing Plan" to cover the specifics of vendor operation and provide guidance to interested vendor operators. Commissioner Fitzgerald referred to issue # 1 and the three identified pedestrian areas. He questioned if other areas, such as shopping centers and malls, might benefit from outdoor seating areas. Mr. Shuford said that was a good question and indicated staff had not given much thought to allowing outdoor cafes in malls and larger shopping centers. Commissioner Fitzgerald questioned if this proposal is too limited by focusing only on three areas. Commissioner Barfield questioned if outdoor seating would be included on a site plan. Mr. Shuford said the City has approved several site plans with outdoor seating. He said shopping centers are covered by the parking for the whole facility. He said he would forward additional information to the Commission. "'~."h Commissioner Berfield said the Commission approved an outdoor cafe by the bank at Northwood Plaza. Mr. Shuford said that restaurant came in for an alcoholic beverage separation variance. He said outdoor cafes can happen but are based on a percentage of the shopping center. Commissioner Fitzgerald said if the City is developing the regulation it should apply to the City as a whole. 'J Commissioner Thomas said he was not a proponent of sidewalk cafes' except under rare circumstances because sidewalks are public property. He agreed with Commissioner Fitzgerald's recommendation because the property in a shopping center is private. Mayor Garvey suggested staff can put together rules and regulations. Mr. Shuford requested the Commission separate issues regarding outdoor cafes and vendors. He said outdoor cafes would be located in contained areas versus vendors, which the Commission has indicated they do not want to see on public sidewalks. Commissioner Thomas requested Mr. Shuford provide examples of sidewalks where this suggestion would be workable. Mr. Shuford said staff's concern regarding the narrowness of City sidewalks resulted in the recommendation for a barrier to keep the restaurant use from expanding into the right-of-way. He noted an example of sidewalk cafes is in Tampa/s Hyde Park at Selena/s. Commissioner Thomas requested examples in Clearwater. Mr. Shuford said it would be difficult to find a City sidewalk with adequate dimensions suitable for outdoor dining. He suggested outdoor seating would be more frequent at restaurants with open space adjacent to the sidewalk. Mayor Garvey questioned why the City is doing this. Commissioner Thomas expressed concern regarding who gets into the outdoor cafe business. Mayor Garvey agreed with staff showing the Commission where it could work before staff does more work on the proposal. ~--,- mincc02a.95 23 02/02/95 , \ .' ~. ' , . I~ a . ' . . " _ _ " ;, , t~~.;r~ .',. -, Commissioner Fitzgerald referred to issue #3 and the reference to vendors in Station Square Park. He agreed the vendors have increased the vitality in the park but questioned if staff has addressed the mobility and permanence of vendor carts. He questioned if vendors should be allowed to leave their carts on public property while they are closed. Mr. Shuford said vendors at Station Square Park pack every day and remove the carts when they are closed. Commissioner Fitzgerald questioned if that is the way it is working. He heard one closes and goes home at night. He said the degree of permanence needs to be addressed and the required mobility of the carts must be identified. Mr. Shuford suggested the vendors' carts must be mobile enough to dismantle and move when not in operation. Commissioner Fitzgerald recommended the ordinance address this issue. From a cleanliness point of view, he recommended taking the carts home and cleaning them daily. Commissioner Thomas questioned if vendors in Tampa's Frankl;n Street Mall leave their carts at night. The City Attorney indicated the carts are removed after the close of business. Commissioner Thomas expressed concern with carts being left overnight. Mayor Garvey suggested there also may be a problem with liability. ....--.,"\ Commissioner Berfield questioned how the City will determine what type of vendor will be allowed. Mr. Shuford said the "marketing plan" will address those concerns. Vendors wishing to sell food products must be associated with a nearby restaurant. Commissioner Berfield questioned if staff would list specific types of vendors that would be permitted. Mr. Shuford said the City will state they want specific types of vendors. . Commissioner Berfield questioned if food vendors would be required to obtain a health permit. Mr. Shuford indicated they would be required to have a health permit and to provide a trash receptacle. .....-J) Commissioner Thomas said he would like to leave the door open to allow these uses during special events. Mr. Shuford indicated that was already permitted by the special events' ordinance. Commissioner Thomas suggested the City can review this issue after testing the concept on the beach during the Sunset at Pier 60 events. Mayor Garvey questioned how much time staff should spend on this concept at this point. Commissioner Thomas suggested staff flesh out which parks to consider, which sidewalks would be adequate, and what type of merchandise should be offered. Mayor Garvey noted staff is asking the Com mission for direction. Commissioner Deegan questioned how this proposal came forward in the first place. Mr. Shuford said interest had been expressed although most interest was for vendors on the beach which no one wants to encourage except for Sunsets at Pier 60. He noted Julie's had to get a variance to open their outdoor cafe, go through a lengthy approval process, and get a parking variance. He said the idea is to encourage that type of outdoor seating and give the restaurants a break in terms of their parking requirements. Mr. Shuford said proposals for beach redevelopment include plans for wider sidewalks which would provide good opportunities for outdoor cafe uses. The Mayor could not think of any place in N Greenwood with sidewalks wide enough for sidewalk cafes. Mr. Shuford said there were none at this time. The Mayor questioned if they wanted staff to spend much time on this now. Commissioner Deegan .~ mincc02a.95 24 02/02/95 . . " ~. } . '\ . '... . -' ~r'h~\'~~'~' ~" .' . ' r.. -. said if business persons have expressed an interest in this concept, Clearwater should give them the opportunity to succeed. He suggested moving forward with the concept. Mayor Garvey said the beach development plan would determine if these suggestions are positive or not needed. Commissioner Deegan said redevelopment plans will be in a limited area while these suggestions pertain to a larger area. Mayor Garvey requested direction. Commissioner Deegan said good ideas were presented tonight and noted the Commission concurre~ with some recommendations. He requested a sample of a "marketing plan. It Mayor Garvey suggested some parameters will be needed if any variances will be given. Commissioner Thomas said direction has been forthcoming. He recommended developing something Citywide that would allow outdoor dining at shopping centers. Commissioner Berfield said that use is already allowed. Mr. Shuford said outdoor seating could be used more frequently if conflicts are eliminated. Commissioner Thomas questioned if staff had enough direction. Mr. Shuford said he had some. Commissioner Deegan questioned if outdoor cafes are now allowed when restaurant owners have adequate space. Mr. Shuford said they are allowed. It is difficult to provide these uses Downtown or on the beach because parking is not sufficient. Commissioner Deegan questioned if owners have adequate land, are outdoor cafes permitted. Mr. Shuford said they are. -- Bob Bickerstaffe questioned if an existing store could setback its facade and allow outdoor seating. Mr. Shuford said he could not say for sure. He said that was why staff needs to review Commissioner Fitzgerald's suggestion to expanding this use to other zoning districts. Commissioner Thomas said an existing restaurant would only need a building permit. Mr. Bickerstaffe indicated the vendor cart in Station Square remains overnight. b) Res. #95-17 - EndorsinQ the nomination of St. Joseph Sound to the list of "S.W.I.M. Priority Waterbodies" in 1995 St. Joseph Sound is a unique and important natural resource in the City that contributes to the overall health, welfare, enjoyment and economic benefit of Clearwater's residents and visitors. On January 25, 1995, a representative of PR,ID,E (People Restore, In Dunedin, Every Waterway) met with the City to request support for the nomination of St. Joseph Sound as a Surface Water Improvement and Management (SWIM) priority waterbody. Florida Statute and associated State rules establish the timing and process, respectively, for State consideration of nominated priority waterbodies. This year's evaluation of priority vyaterbody nominations is scheduled for Basin Board review and approval between February 3 - 19, 1995. The Pinellas Anclote River Basin Board will review this nomination on February 16, 1995. Adoption of this resolution does not commit any City funds or staff resources. This action will provide greater opportunity to fund water quality improvement plans and projects that improve St. Joseph Sound's water quality. mincc02a.95 25 02/02/95 . \ ," '"1 . .. I r , : ' ,', )~~(i">::"~,:, '<" , ,',.'i .'~ Commissioner Thomas moved to endorse the nomination of St. Joseph Sound to the SWFWMD list of SWIM priority waterbodies in 1995. The motion was duly seconded and carried unanimously. Anne Garris. representative of the Environmental Advisory Board (EAS), reported the EAB voted to request the Commission to approve this nomination. She requested permission for the advisory board to write a letter of support of this nomination. The City Manager said that would be permitted. The City Attorney presented Resolution #95.17 and read it by title only. Commissioner Fitzgerald moved to pass and adopt Resolution 1t95-17 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call. the vote was: "Ayestr: Fitzgerald, Berfield, Deegan, Thomas and Garvey. "Nays": None. :) Commissioner Deegan questioned what this resolution does. City Engineer Rich Baier said this action would prioritize St. Joseph Sound and permit the City to receive Federal and State funds. The Sound would receive a few extra points based on this designation. He reported Dunedin plans to adopt a similar resolution. Mayor Garvey said the funds would help 'clean the harbor. Commissioner Deegan noted the downside is this action will mean additional work for the City to be the point municipality. Mr. Baier agreed it would mean a little additional work but staff can do it. . Early Sorenson, EAB representative, thanked the Commission for his appointment to the board. He noted the 20-acre pond on Old Coachman. north of St. Petersburg Junior College, was buHt by the County with SWIM funds; the pond in AI Lopez Park. north of the Bucs Stadium, was cleaned up with SWIM money; and SWIM invested funds in Picnic Island Park to remove Brazilian Peppers and plant mangroves. He said this is a way to get money back that residents have paid to the State. c) Sand Kev Civic Association reauest re Clearwater Pass 8ridqe tolls The City Manager reported this item was withdrawn at the request of Bob Henion of the Sand Key Civic Association. CITY ATTORNEY REPORTS ITEM #23 - Resolutions a) Res. #95-16 - relating to rules of procedure for Commission; creating Rule 20 defining absence of Mayor-Commissioner; creating Rule 21 defining excused absences; creating Rule 22 establishing strategic planning sessions '-., mincc02a.95 26 02/02/95 ~.~.\.:. I.,,: . ,I- "- \ The Mayor questioned jf Rule 21 was part of the Charter. The City Clerk said the City Commission had requested a definition of "excused absence" be included in the Commission rules. The City Attorney presented Resolution #95-16 and read it by title only. Commissioner Thomas moved to pass and adopt Resolution #95-1 6 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: II Ayes": Fitzgerald, Berfield, Deegan and Thomas. "Nays": Garvey. Motion carried. ITEM #24 - Other City Attornev Items a} <Cont. from 1 130(95) Revised Scone of Services - David Cardwell The City Attorney indicated she provided the Commission with a copy of the engagement letter as Special Counsel from Mr. Cardwell regarding the East End Project. The letter outlines the terms and conditions of retaining Mr. Card well and outlines the total cost and scope of Mr. Cardwell's employment. Commissioner Deegan said he appreciated the revised version and noted problems he had with the original version were addressed. ....-."10\ \.-.1 Commissioner Thomas moved to approve David Cardwell's revised letter of engagement 8S Special Counsel of the East End Project. The motion was duly seconded and carried unanimously. ITEM #25 - City ManaQer Verbal Reoorts The City Manager indicated she attended the Chamber of Commerce's board meeting last Thursday. The Chamber has again expressed Interest in the utility building and wishes to reopen the discussion. She indicated the Chamber has established a 30.day deadline to move forward. She said the Chamber's suggestions include: 1) an even exchange of the Chamber of Commerce's building with the utility building although the utility building is 50% larger; 2) a release on the reverter clause on the current property and a willingness to accept current ordinance language; 3) an agreement by the City to purchase the triangular area in front of the utility building where the gasoline station previously stood to create a park or include it as part of the proposed Downtown lake; 4) an agreement by the City to continue maintaining the Chamber's landscaping at the utility building; 51 a complete release of liability for any type of environmental conditions or problems; and 6) an interest free $300,000 loan with no payments due for five years. Mayor Garvey questioned if the City had not already given the Chamber an interest free loan for which they are asking forgiveness. The City Manager said the loan for the Welcome Center was moved back one year. She said none of the requests is cast in concrete and questioned jf the Commission is interested in pursuing negotiations. "-- " mincc02a.95 27 02/02/95 ~;rt'll~r .~.. ,~. '-, Commissioner Deegan recommended stopping after the Chamber's first suggestion. Commissioner Thomas questioned if an exchange of the two buildings would be an exchange of a free and clear transaction on the Chamber's bluff property with a free and clear transaction on the City's utility building. The City Manager agreed and said the entire utility building site is not being addressed. The Chamber would lose about half of the parking spaces. Commissioner Thomas said he could see himself clear to that issue. He questioned everything else the Chamber proposed. The City Manager questioned if anyone agreed with the second suggestion regarding the ordinance reverter. Commissioners Deegan and Thomas and Mayor Garvey agreed. Commissioner Berf/eld Questioned if the City currently maintains the Chamber's landscaping. The City Manager said the City does. Commissioner Thomas recommended the Chamber take care of their own landscaping. The City Manager questioned if the Commission agreed with the Chamber's request for an interest free loan. Commissioner Deegan and Thomas recommended no loan. Commissioner Fitzgerald questioned plans to change the old gasoline station property into a park. The City Manager said the City does not own that property. An early design of the Downtown lake included that portion of land. The City Manager felt enough issues indicate this proposal will not work. I:) Bob Wright expressed concern that an even swap would mean the Chamber first pays off its mortgage. Commissioner Thomas said the exchange would be a free and clear swap of the titles of each property. :, Commissioner Berfield questioned concerns regarding environmental liability. The City Manager said the City would go after Texaco regarding contamination from leaking gasoline tanks. Commissioner Berfiejd questioned environmental concerns regarding asbestos in the Chamber building. The City Manager said the Chamber is willing to take care of any asbestos in their building. Commissioner Deegan indicated he supports the idea of swapping the properties. ITEM #26 - Commission Discussion Items - None. ITEM #27 ~ Other Commission Action Commissioner Fitzgerald reported an issue was raised at the Mayor's Council regarding the proposed State budget including no funds for beach renourishment. He expressed concern about what will happen when the Federal government allocates beach renourishment funds based on a match. Mayor Garvey suggested the community could match instead of the State. Commissioner Fitzgerald said the money is supposed to be funnejed through the State. He said the City must be very careful. If the Federal government offers money to a State and the State has no matching funds, the State cannot accept the money. Commissioner Deegan questioned which budget. .....-... mincc02a.95 28 02/02/95 . . . ~' ..' '. ," , .. ,,'. 12~.IJ .;,.l<:~~.~." .. , . "1"". r~' " ' .\.., ...c :' ; ~ , ~ .', i'...', .; '.. ,. ,,, ", : 'i' ':,',...'.. '>)'cc. " ' ,::';.. . iT' . '., . . .:.., '. . .'.,.' .." :cl:.. ~''.f '.;. ,;5~ '~} ~ L~c;'~' 'I;~~;\; '.: i <,( >:,.:'.,' ~'.l'~ e,:; :.:', :~ :'::: ':J~ i: t. ~ ~ Yl~; I'~' ;:,: ':' :~... - c~ ~,~ :.: l' ..! 't:,~: " ~tiAff:\(\~~".'-I,.."'~~,\~, {... \'... .lY,. '..'. '\. \' ..i '"c"~' .~. c ,c'~,.,"c. .' .'.. .... I',: Vi t J:;~~?l~:;:':~:<':'.~",':~C',:~~Y;::;"'''~:;:'':' ,';,.',.,,",;i', ":<'~""""',' ';l'>' ," ...... ',' .,., ';l:. . ,". , , " ,..', ,,' . '.......... I <' ., . . , ~.'._. . ".w;~..:':. _:t "~':j. '~~,~~~ .~ Commissioner Fitzgerald indicated FY 1996i97. Commissioner Deegan said a story in the , "'.w/ paper referred to a proposal to install a steel seawall in anticipation of no availability of , ,State money for beach renourishment until FY 1996/97. Mayor Garvey requested staff follow up on this issue. Commissioner Berfield questioned if the Federal government gave money to the State, if someone beside the State government could prbvide the match. Commissioner Fitzgerald said federal funds come in a batch. With no funding in its budget, Florida indicates no interest in this funding. " ITEM #28 - Adiournment The meeting adjourned at 10:19 p.m. ATTEST: -~.~ City Clerk I. t~ ., " ~' " .' , mincc02a.95 29 02/02/95 , I l I {