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10/02/1995 CITY COMMISSION WORK SESSION October 2, 1995 The City Commission of the City of Clearwater met Monday, October 2, 1995, at City Hall with the following members present: Rita Garvey Mayor/Commissioner Sue A. Berfield Vice-Mayor/Commissioner Fred A. Thomas Commissioner J. B. Johnson Commissioner William Justice Commissioner Also present: Elizabeth M. Deptula City Manager William C. Baker Assistant City Manager Kathy S. Rice Deputy City Manager Pamela K. Akin City Attorney Mary K. Diana Assistant City Clerk Patricia O. Sullivan Board Reporter The meeting was called to order at 9:00 a.m. The Commission recessed from 9:00 to 9:06 a.m. to meet as the Pension Trustees. GS GENERAL SERVICES Contract for fleet (unleaded gasoline) fueling to Wright Express, Tampa, FL, for the period 11/01/95 -10/31/96, with a 1-year option to renew, at an estimated. $428,650 Currently, the City operates two fueling sites: 1) City Hall Annex and 2) Countryside Fire Station (No. 50). Mandatory for City fueling is the ability to offer fueling service 24-hours per day, 7-days per week in geographical locations acceptable to City needs. Each site has three tanks with a total capacity of 24,000 gallons of unleaded gasoline and 12,000 gallons of diesel fuel. Bids were solicited for outsourcing the City's unleaded and diesel fuel requirements. None of the four bid responses satisfactorily addressed the diesel fuel requirements, therefore, diesel fuel specifications are being re-bid. Wright Express, the recommended vendor, met all criteria in the City's specifications and has 30 locations within the City. Wright Express will provide priority service in case of an emergency. The estimated annual invoice cost is $428,650; tax refunds will be returned to the general fund. All associated costs are included in the estimated annual invoice cost. Factors include: 1) According to Federal regulations, all underground fuel tanks must be removed by 1998. The Annex fuel site needs to be removed by January 1996 to ensure the site tanks are removed and the site is cleaned up by March 1996. This timeline is necessary for the City to proceed with its East End development plans; 2) Federal regulations will require the City to convert some of its vehicles to alternative fuel and the City may decide to enlarge the scope of this project. The Federal Environmental Protection Agency, Department of Energy and associated authority rules and regulations may be changed as Congress evaluates these departments. The resulting regulations may determine the volume of alternative fuels the City may use versus conventional fuels; and 3) Fleet Maintenance data processing equipment is due for upgrade or replacement in FY 1996/97. The fuel management data system pumps are unreliable due to age and/or lack of capacity. The fuel computer system is subject to frequent breakdowns and costly repairs. This system must be maintained until the diesel bid specifications and associated outsourcing contract is approved. During the one-year contract period, staff can initiate clean-up activities at the existing fuel sites, upgrade or modify data processing systems, and evaluate updated, applicable Federal/State regulations. The time period for this contract will provide Fleet Maintenance, the Gas Department and Environmental Management the opportunity to conduct cost analysis to determine if the City should be in the fuel distribution business, the type of fuels to provide, site location problems, and associated liability issues. Information received during the evaluation of these specifications indicate several major companies may develop new programs within the next year that will make outsourcing more viable to the City. In answer to a question, the City Manager indicated staff is considering a one year lease and one year extension while the City decides if this service should be performed in-house. General Services Director Bill Baird reported staff could not handle the City's diesel fuel needs in-house. It was suggested if the City chooses to handle this service in-house, consideration be given to installing the storage tanks above-ground to avoid future pollution problems. Mr. Baird indicated above-ground gasoline tanks face fire code restrictions and are limited to a capacity of 4,400 gallons. He noted refill tankers drop 8,000 gallon loads. In answer to a question, he reported new steel tanks are lined with a chemical resin material similar to fiberglass. PR PARKS AND RECREATION Contract for Crest Lake Park Restroom Renovations to Oakhurst Construction Company, Inc., for $36,956.40 The current Capital Improvement Program includes a project to replace the existing restrooms at Crest Lake Park in response to a complaint filed with the Department of Justice regarding a lack of accessibility under ADA requirements. The concern was restroom facilities were provided for women only since the men's room was closed years ago. Staff originally planned to construct a new building, similar to those located on Clearwater beach, at the south end of Crest Lake Park, closer to the playground equipment. After further research, it was determined the current location remains the best. The majority of residents living next to the park and closest to the restroom facilities have been notified concerning the renovation plans. The consensus of those surveyed indicated it is not the most desirable location but would be acceptable if a full time employee is stationed at the park and if the restroom building is renovated with individual stalls. This contract will provide for the renovations of the existing restroom building with four stalls for women, one handicap accessible, and three stalls for men, one handicap accessible. In addition, the renovations will include a maintenance area so a full time employee can be stationed at the park. Once renovations are completed, an existing employee within the Parks Division will be transferred to the park. Concern was expressed regarding plans for the restrooms to remain in their present location. The City Manager said a full time employee stationed at the park should make a difference regarding past problems with the restroom. It was questioned if the full time employee can be justified. The City Manager indicated one was needed based on the hours of supervisor and maintenance required in the park. This is now being accomplished by roving crews. She reported the restrooms will be closed when the park closes. EN ENGINEERING Approve removal of 4-Way stop installation at intersection of Landmark Drive and Eagle Estates Circle North / Meadow Hill Drive North On March 22, 1995, this 4-way stop was installed because residents expressed concerns regarding traffic volume, accident potential and speeding on Landmark Drive. The Mayor and Commissioners received subsequent speed, traffic backup, citation data and citizen complaints regarding the 4-way stop. On September 12, 1995, southbound backups of 2,200 feet and delays of more than five minutes were observed during the morning peak hour. The Manual on Uniform Traffic Control Devices (MUTCD) indicated multi-way stops should be used where traffic volume on intersecting roads is approximately equal and where the minor road has a combined pedestrian and traffic volume of 200 per hour, eight hours per day. Landmark Drive carries 95% of the intersection's volume. During the 7:00 a.m. to 8:00 a.m. peak hour, the minor street had 54 vehicles. Volumes on Landmark Drive have decreased from 8,210 to 7,441 vehicles per day and the average speed has decreased approximately 2.4 MPH. Speeding continues to be a problem as evidenced by the issuance of 61 citations on September 11, 1995, during a four-hour morning period. The City Manager indicated residents near the intersection had documented problems with speeding, etc. She noted problems created by the 4-way stop sign have worsened the situation. A report was requested documenting the number of accidents in the area before and since the 4-way stop sign was installed. It was noted the goal was to stop accidents. City Engineer Rich Baier indicated he was not sure the stop sign related to that goal but said he would provide the data. He said the trial was initiated to see if the 4-way stop would decrease traffic volume and speeding which relate to accidents. It was suggested an enforcement problem exists if traffic still speeds. The City Manager reported the Police Department is working with Engineering. Mr. Baier reported a slight realignment at Eagle Estates created a left turn lane. Approve installation of sidewalk along South & West sides of University Drive, between Belcher Road and Druid Road The proposed subject sidewalk was included in the 1995 Sidewalk Installation Contract following a University Drive resident's request and recommendation by Traffic Engineering. The Mayor and Commissioners received petitions of opposition and support for consideration. Pedestrian counts indicate 20 children and 6 adults walk along University Drive during school dismissal hours and 6 adults during evening hours. This amount of activity merits consideration for school walk route safety needs as well as pedestrian safety and mobility needs. Traffic volumes of 225 vehicles per day and average vehicle speeds of 26 MPH would present normal conflict conditions. Staff feels the nearby schools of Clearwater High, Oak Grove Middle and Plumb Elementary, ADA requirements, the City's transition plan and the concept of providing infrastructure for the community at large make this project feasible. It was pointed out that dissension to the project is causing problems. It was felt the project should be dropped. A request was made for staff to use funds from this project for sidewalks on Clearwater beach. It was recommended that staff make that determination. It was noted sidewalks on Clearwater beach had been removed several years ago at City Commission direction to redirect pedestrian traffic away from the street and toward the beach. Consensus was to pull this item from the October 5, 1995 agenda. The City Manager requested direction regarding citizen requests for new sidewalks. Consensus was for the City to fill in gaps between sidewalks without polling. If a new sidewalk is proposed for an existing neighborhood, the total neighborhood should be polled. At least half of the neighborhood must agree to the proposal before the new sidewalk is constructed. All new road construction will include sidewalk construction. It was noted new houses and businesses are required to install a sidewalk as part of the construction project. In answer to a question, the City Attorney said under ADA, the City is required to make a reasonable effort to provide sidewalk access but does not have to build an entire strip of sidewalk based on a single request. She indicated she would review this issue. Public Hearing & First Reading Ord. #5917-95 - Vacating 50’ E/W r-o-w of an unnamed street lying between Lots 3 & 4 of Blk 3 and Lots 1 & 2 of Blk 6, Revised Map, Town of Bay View subject to Pinellas County vacating W portion and it being retained full width as a drainage & utility easement (McMullen, V95-07) The applicant is requesting to vacate the full 50 foot east/west row of an unnamed/unpaved street lying between Lots 3 and 4 of Block 3 and Lots 1 and 2 of Block 6, Revised Map, Town of Bay View. The applicant would like to vacate the right-of-way to preserve the residential, "oasis" character of the subdivision and to protect a specimen oak tree. The City has no existing utilities within the right-of-way. The right-of-way is not being used for vehicular traffic or parking. The west portion extends outside the City's incorporated limits and must be vacated by Pinellas County. Pinellas County Utilities has provided a letter of no objection. Local utilities have reviewed this request and have no objections. Various City departments concerned with vacation requests have reviewed this petition. Engineering has no objection provided Pinellas County vacates the west portion and all the right-of-way is retained full width as a drainage and utility easement. Originally, Central Permitting recommended delaying this vacation until a consultant study was completed this Fall. Central Permitting reconsidered the issue and now supports a vacation as recommended. Other City departments have no objection. The City Engineer recommends approval of this request. It was recommended that staff send a letter to Pinellas County recommending they vacate their portion as well. Reclaimed Water Rate structure for Single Family, Multi Family & Open Space Customer Classes; implement reclaimed water system for Island Estates with funding provided by rate structure; authorize preparation of work order for production of detailed design / construction plans thereof Regarding reclaimed water for non-potable/irrigation use, the community "at large" of Island Estates expressed strong interest (356 residents out of 567). The City's barrier islands were selected for initial implementation due to high potable water usage per Equivalent Residential Unit, a lack of available shallow wells and the ability to pay for the infrastructure. Being that: 1) potable water is a valuable resource that needs to be conserved, particularly in coastal communities; and 2) treated wastewater, also a valuable water resource, can be used safely for irrigation purposes and helps conserve potable water; and 3) the City has determined to establish and construct a reclaimed water system making treated wastewater available in certain areas of the city for irrigation purposes; and 4) according to its Comprehensive Growth Plan, the City planned to have a reclaimed system constructed and in operation by 1995; and 5) the City must renew its surface water discharge and water utilization permits which are expected to be scrutinized considering the amount of unused wastewater produced by the City; and 6) the City Commission wishes to establish terms and conditions regarding use of the reclaimed water system. The City currently produces daily approximately 14.5-million gallons of treated water and discharges 12.5-million gallons into Clearwater Harbor and Tampa Bay. The City is prepared to apply for a grant of approximately $1.8-million to subsidize the transmission facility construction to the maximum extent possible. The City Engineer is requesting SWFWMD to subsidize the distribution facilities, a change in SWFWMD's funding philosophy. SWFWMD is tentative but considering the request, The City will apply for such grant funds subsequent to Commission action. An engineering consultant prepared the subsequent rate structure that reflects a savings to the typical consumer from current potable water supply rates. To illustrate the cash benefits, the proposed reclaimed water rate structures have been compared to existing metered water rates although the initial reclaimed water supply will not be metered. This concept is consistent with other municipalities as they have implemented this utility and metered only as demand exceeded supply. Staff recommends implementation of the proposed rate structure and notes the City's impending potable water supply shortage. Unfortunately, Clearwater beach did not exceed the 50% petition signatures required to demonstrate adequate interest to justify the expenditure of funds to service that community. The City will install lines with sufficient reserve capacity to provide reclaimed water service to these potential consumers on Clearwater beach . The City Manager recommended every Island Estate property owner pay the capital portion of the charge. Reclaimed water will be available to all residents whether they hook up or not. Mr. Baier reported the monthly flat meter rate will be $18. To cover administrative charges, a monthly rate of $14.65 will be charged those who do not hook up. In answer to a question, Mr. Baier said the City will absorb the small incremental cost to size transmission means to meet Clearwater beach's future needs. It was noted the single family rate is not included in the ordinance. The City is the only open space user. Island Estate residents will be required to replace sprinkler systems with dripper systems. Mr. Baier noted residents on Clearwater beach will not be charged for the system until it extends there. He said the majority of Island Estates property owners have indicated they want reclaimed water. The City Manager reported the water and sewer fund will contribute $1-million to the project. A planned grant application requires approval of a rate structure. She stated the system will provide substantial savings in potable usage for the water system and a financial savings for residents who use it. Environmentally Sensitive Properties Discussion ensued regarding criteria related to the list of environmentally sensitive properties submitted by the Environmental Advisory Board (EAB). Mr. Baier said he reviewed minutes from EAB and City Commission meetings related to this issue. He reported the list was to include environmentally sensitive lands. Statements indicate both developed and undeveloped properties were to be included. Two Harbor Drive properties on the list are smaller than the established two acre minimum. Walmart is listed because part of the site plan approval was to not develop a heavily treed outparcel. Besides some developed properties, Mr. Baier said the list also includes land that is vacant, used for stormwater, wetlands, etc. He reported the EAB removed the property at 2873 Thornton Road from the list at the property owner’s, Mr. Stowell’s, request. Mr. Stowell is a member of the EAB. Discussion ensued regarding whether properties meeting the criteria should have been removed and properties that do not, added. The majority agreed tracts meeting the criteria should be on the list and tracts not meeting the criteria should not be. Discussion ensued regarding the purpose of the list and how it should be titled. Consensus was to change the title to “Properties with Environmental Significance.” In answer to a question, the City Attorney stressed the list was for future acquisition and did not affect development rights. CP CENTRAL PERMITTING Public Hearing & First Reading Ords. #5918-95 & #5919-95 - Land Use Plan Amendment to Commercial General & CN Zoning for property located at 1984 Sunset Point Rd., Sunset Oaks Sub., Lot 2 less road on S and part of Lot 1 (L. J. Parham / Cope, Trustee, LUP95-27, Z95-08) Rezoning is requested for lots at the intersection of Sunset Point Road and Hercules Avenue, approximately 130 feet south of Barrington Drive North. The applicants are requesting a zoning change to construct a freestanding McDonald's restaurant. The subject lots are zoned Limited Office (OL) with a Land Use Plan Classification of Residential/Office General. A freestanding restaurant is not a permitted nor conditional use in OL but is a permitted use in the Neighborhood Commercial (CN) zoning district. It is proposed to rezone the property CN. The Future Land Use Plan Classification of Residential/Office General would be changed to Commercial General to conform with the Countywide Land Use Plan on properties to the south and southeast of the subject property. These properties abut a nursing home to the West. The nursing home is separated from the proposed site by a retention pond and vegetative buffer. The applicants intend to build a three to four foot high berm with a hedge along the western property boundary to buffer the nursing home facility. A fence is proposed to be constructed around the retention pond area to enhance the safety of nursing home residents. This agreement is not part of the proposed zoning request. The combined lots addressed by this request are less than two acres, the minimum lot size for the CN District. A Mobil Oil station occupies the 0.78 acre property south of the proposed site and may become part of the proposed development. The service station is in the County. Annexation and rezoning of that property would bring the entire area into conformity and meet the acreage requirement for the proposed zoning district. Properties on the south side of Sunset Point Road and east corner of Hercules Avenue and Sunset Point Road already contain commercial developments zoned CN. The CN zoned area, therefore, conforms with the two acre minimum. If the proposed Future Land Use Plan and Zoning Atlas Amendments are approved, the proposed freestanding restaurant would be a permitted use. The rezoning will promote infill development and be consistent with the area land use and zoning patterns, and the Comprehensive Plan that recommends nodal rather than strip commercial development at major intersections. The remaining office area to the North will be sufficient for the office development to buffer the residential area farther north. No changes will be recommended to intensify this zoning. Concern was expressed regarding the proposed restaurant's location close to a nursing home. It was indicated the restaurant will have access to Sunset Point Road and Hercules Road but a site plan has not been submitted. Central Permitting Director Scott Shuford said the Limited Office zoning will separate the subject property from the nearby residential neighborhood. He reported a number of driveway issues need to be resolved. He said the developer contacted the nursing home regarding their concerns. Mr. Shuford felt the zoning change makes sense and will provide proper buffering between other properties. He suggested if negotiations with the Mobil property are not successful, egress/ingress off Sunset Point Road may be right turn only. Staff will help design the driveway. (Cont'd from 08/03/95) Public Hearing & First Reading Ords. #5875-95, #5876-95 & #5877-95 - Annexation, Land Use Plan Amendment to Residential Low & RS-8 Zoning for property located at 1531 Stevenson Dr., Stevenson's Heights Sub., Blk B, Lot 7 (Booth, A95-15, LUP95-17) The applicant already has City sewer service but wishes to annex to receive a City loan to renovate the property. The proposed zoning district is Single-Family Residential "Eight" and the proposed Future Land Use Classification is Residential Low. On July 18, 1995, the Planning & Zoning Board unanimously endorsed the proposed Annexation. In answer to a question, Mr. Shuford said he would report regarding how the property qualified for sewer service when it is not in the City. A question was raised regarding obtaining a City loan to renovate the subject property. The City Manager said the rehabilitation loan is part of a federal program Economic Development administers. Variance(s) to Sign Regulations for property located at 1721 Gulf to Bay Blvd., part of Tract A, replat of Blk D of Suburb Beautiful (Manny, Moe & Jack / Pep Boys Automotive Supercenter, SV95-41) The applicant requests a 15 square foot area variance from the permitted 64 square feet to allow attached signs with a total area of 79 square feet. The subject property, zoned General Commercial, is on the southwest corner of Gulf-to-Bay Boulevard and Plumosa Avenue. This property, like most on Gulf-to-Bay Boulevard, is zoned General Commercial which allows up to 64 square feet of signage to be affixed to a building. Pep Boys has 79 square feet of attached signs. The applicant secured sign permits from the City based on drawings that showed only lettering. Upon installation, City inspectors found triangular "pennants," associated with the corporate logo, installed over two of the signs. The pennants caused the attached sign area allowance to be exceeded by 15 square feet. Staff feels special circumstances exist to support approval. The requested variance is a 23% departure from code. Given the negligible effect of the pennants on the aesthetics of the City, this can be considered minimum. Strict enforcement of the code in this case would impose a hardship upon the applicant greater than the benefit derived by the public. Concern was expressed that staff should be strict regarding sign codes on new buildings. Mr. Shuford reported the signs permit application included the lettering and not the pennants. Direction requested re Alcoholic Beverage Ordinance Revisions The City Commission requested staff bring forward modifications to the alcoholic beverage regulations adopted in January 1995. Staff has prepared a list of suggested changes and requests Commission direction. Upon direction, staff will develop code amendments for receipt and referral. Suggested changes include: 1) eliminate "cap" on the percentage of floor area considered as a conditional use by the Planning & Zoning Board (P&Z). Current code permits the P&Z to consider a relatively small percentage range for allowing alcoholic beverage uses in shopping centers and retail complexes. This regulation has created difficulties in processing applications for uses that exceed the "caps"; 2) eliminate Commission consideration of P&Z appeals. The Commission held a quasi-judicial hearing on the Meador rezoning case; conditional use permit appeal hearings would follow a similar procedural pattern. Staff supports an administrative hearing officer process for appeals and are concerned about the length of hearings, associated demands on Commission time, the morale of P&Z members as they find their decisions scrutinized in a public forum, and the potential for politicization of the appeal process; 3) revise definitions of "delicatessen," "fast food restaurant" and "retail complex" to improve application of the code; and 4) delete redundant language, i.e., "package alcoholic beverage sales" versus "package sales." Mr. Shuford referred to proposed change #1 and recommended maintaining the 15% - 20% cap on the conditional use process. Concern was expressed that discussion of this issue did not address two story buildings. An opinion was expressed it makes more sense to locate restaurants on the second floor of beach shopping centers like Pelican Walk. Mr. Shuford said staff does not recommend additional restaurants for Countryside Village Square because of limited parking. He recommended each case be considered individually and caution be used in implementing the changes. Concern was expressed that bar areas could take up the majority of floor area. It was recommended that controls be maintained and a cap be established. Mr. Shuford indicated cap preferences would differ from area to area. He preferred the P&Z scrutinize each case rather than establishing a cap. It was noted the cap was instituted because of concerns regarding the high number of beach establishments that sell alcoholic beverages. It was felt eliminating caps was opposite of the City Commission's original intention. Discussion ensued in regard to restaurants that do not serve alcoholic beverages not having a cap. Mr. Shuford said staff is preparing language addressing nightclubs, taverns and bars. It was suggested to change the cap instead of eliminating it. Since walk up retail is undesirable, it was suggested that standards for second story uses be relaxed. Mr. Shuford indicated an elaborate set of standards has been established for the P&Z's use. Mr. Shuford referred to suggested change #2 and expressed concern P&Z members will have low morale if their decisions are scrutinized. It was noted the procedure of the City Commission hearing appeals was to be in place for one year before it is reviewed. The City Commission has not heard an appeal yet. Mr. Shuford reported the scheduled appeal by the Dervish Brothers predates the new ordinance. It was felt the City Commission should act as the hearing board for the City and reach decisions regarding appeals. It was also felt that a hearing officer from Tallahassee is preferred. Concern was expressed the hearing officer procedure limits the opportunity for citizens to speak. It was felt citizens should have the right to speak. It was noted hearing officers have rarely overturned board decisions regarding alcoholic beverages. In response to a question, it was indicated consideration will be given to return sign variance requests to the Development Code Adjustment Board once all appeals to amortized signs are completed. It was requested the issue of alcoholic beverage ordinance revisions be addressed during the October 16, 1995 Work Session. CM ADMINISTRATION Principles of Operation The City Manager distributed a draft of the Principles of Operation for the City of Clearwater for discussion during the October 16, 1995 Work Session. Public Hearing - Declaring surplus property on which to place tower The City Manager reported the need to declare an area in the Memorial Civic Center parking lot on Clearwater beach as surplus to lease it for the placement of a tower. She said the lease indicates the City will receive 15% of tower revenues for the first 20 years, and 20% after that, if renewed. She stated sales tax was not discussed during negotiations and indicated the tower's owner, James Grogan, was not in agreement with including the sales tax in the lease. She requested direction regarding who should pay the sales tax. It was questioned why Mr. Grogan should not pay. It was recommended the City's revenue levels not change. Concern was expressed regarding the proposed location. The City Manager noted a limited number of parking spaces would be affected. It was noted many citizen comments have been received regarding the proposed tower. It was indicated one Commissioner's support for the project was based on the projection that the tower would not need special assistance regarding variances to zoning requirements, etc. It was noted the Marina and Parks & Recreation departments are opposed to the proposal. It was suggested support of the proposal would be based on it first going to referendum. A responsibility to Clearwater and the City's taxpayers was felt so they would have the opportunity to express their opinion regarding this issue. It was noted a great deal of support has been expressed for the tower. Concern was expressed that it all controversial issues should not be handled by referendum. It was felt making money from City property would benefit taxpayers. It was believed a referendum would kill the proposal. Concern was expressed Mr. Grogan has pressured the Commission in proceeding with the tower and now he does not want to pay sales tax. It was felt Mr. Grogan's rush is based on his desire to move his tower from Wisconsin before Winter arrives. It was noted those are legitimate concerns. In answer to a question, the City Attorney reported the lease does not address the number of days the tower must be in operation annually. It was suggested that issue should be included in the lease, along with rental increases. The City Attorney noted a minimum rent requirement is included. Concern was expressed that the tower not stand, nonfunctional. Assistant City Manager Bill Baker said the tower will be refurbished to a like new condition. Concern was expressed that beach sand and salt would negatively affect the elevator's operation. It was recommended that the lease include an acceptable time frame the tower can be down and not in operation. It was questioned if money will be set aside to dismantle the tower should that be necessary. It was suggested an escalator clause regarding the base rent and tourist traffic generated be added. The City Attorney said the bond will cover dismantling the tower if Mr. Grogan leaves or abandons it. The bond does not have an attendance provision. Commissioner Justice felt the tower represented a good campaign issue and proposed to delay discussion for 30 days until the election for his seat has occurred. He noted he had been appointed to his seat on the Commission and felt an elected Commissioner should make the decision. Concern was expressed the majority of citizens are not aware of the tower proposal. In response to a question, the City Attorney said all merchandise sold at the tower must be tower related. The City Commission would be able to approve the items. OTHER CITY ATTORNEY ITEMS Rule #12 - Continuance of an item by a Commissioner Pursuant to Commissioner Berfield's request, the City Attorney prepared a revision of Rule 12 to clarify the issue of continuance by a Commissioner. It was suggested the following language be considered: A Commission member may request a one time continuance of an item as a matter of right without the necessity of a second or vote, to a date certain not to exceed 30 days. The public will be allowed to speak on an item requested to be continued if that item is presented for public hearing, but no action other than to continue as requested shall be taken. Additional continuances may be granted by majority vote of the Commission upon motion of any Commissioner. In response to a question, the City Attorney indicated the first continuance would be a matter of right; the second one would require a vote. The majority agreed the continuance should be related to a topic. Draft Ordinance on Charter Revisions for Recreation/Open Space Land Use The City Attorney indicated the revision deletes the words "leased" or "conveyed." Discomfort with the suggested language was noted. The City Attorney indicated she would come up with ancillary language. It was suggested the Charter retain its simplest form. It was questioned if the City has to go to referendum to sell any City owned property. The City Attorney said only Recreation/Open Space land is affected. The City can lease or swap these properties without a referendum. She noted these changes do not affect restrictions included in other parts of the Charter. Draft resolution concerning Ruth Eckerd Hall The City Attorney distributed a draft resolution regarding Ruth Eckerd Hall. It was suggested a whereas clause be added recognizing the financial needs of the taxpayers and a section be added stating the City makes no future guarantee of funding. The City Attorney indicated the lease does not guarantee future funding. To avoid potential litigation, she cautioned against mixing programming and funding in the resolution. She recommended reviewing funding considerations next year. It was felt those who run the Performing Arts Center (PACT) are now aware of the City Commission's feelings and a resolution is not necessary. Concern was expressed that problems would be caused by any Commission attempt to censor programs. It was noted the hall is located on City-owned property that was donated. It was believed a letter from the Commission would be as effective as a resolution. The Commission recessed from 11:09 to 11:22 a.m. In response to a question, it was felt PACT had received the City Commission's message. It was felt this issue could be another campaign issue. A reference was made to Budget Director Tina Wilson's memorandum regarding the Performing Arts Center indicating the City had obligated for the unconditional guarantee of $1-million plus accumulated interest for the mortgage note for PACT. How the guarantee grew to $2,281,017 was questioned. It was questioned if PACT had made any payments on the loan. The City Manager noted the agreement obligated the City to guarantee the accumulated interest. Concern was expressed the guarantee had doubled. The City Attorney indicated the City had agreed to guarantee the accrued interest on the entire loan. In answer to a question, the City Manager said the City had been very supportive of PACT's efforts to build Ruth Eckerd Hall. An explanation regarding why the City's guarantee is rising was requested. Concern was expressed regarding PACT's payments on the parking lot. It was questioned if the City built the parking lot as a loan or a donation. The City Manager said the City built and owns the parking lot. PACT is paying the City to maintain the lots and for the debt service. It was questioned if PACT can charge to park in the City's lot. The City Attorney said she would check the lease regarding the parking lot. Risk Management’s recommendation of litigation to recover expenditures related to acid spill occurring 12/26/94 at the NE Wastewater Treatment Plant Risk Management personnel have pursued, without success, reimbursement of $98,648.91 for the acid spill cleanup. The acid spill occurred when a faulty sight gauge broke and released approximately 2,500 gallons of 98% sulfuric acid onto the ground. The sight gauge, part of new construction work, was under warranty when the spill occurred. Staff feels the City can recover the sum but will need to initiate litigation to effect collection. The following parties were put on notice of the City's claim by a letter dated May 9, 1995: 1) McKim & Creed Engineers, PA, 2) Briley, Wild and Associations, Inc.; 3) Walbridge Contracting, Inc.; and 4) Mohawk Contractors, Inc. The City Attorney reported a lawsuit needs to be filed to collect the costs of the acid spill, naming all four organizations. Consensus was for the City Attorney to file the aforementioned lawsuit. City Manager Verbal Reports Pier 60 Concession Stand A ranking of five outside applicants who want to run the Pier 60 Concession Stand was provided the City Commission that included: 1) Hamilton Family; 2) Pier 60 Concessions; 3) Pier Pavilion of Clearwater, Inc., 4) Gus Saravanos; and 5) Charles A. Turner, Jr. It was suggested that Gus Saravanos and Charles A. Turner, Jr. Be deleted from the list. It was noted the City's Marina and Engineering departments also applied to run the concession stand. Concern was expressed with the City competing with private enterprise. It was noted City agencies already compete. It was felt an entrepreneur could run the concession stand more economically than the City but it was believed the City's revenues from the stand would double with City involvement. It was recommended to analysis and audit umbrella rentals from City owned properties. It was suggested to give the Engineering Department a five year lease and then study to see if the City can perform at a level that is beneficial to the taxpayer. If the City falls short, management of the concession stand could again be put out for bid. It was noted a private concern operates Sarasota County's concessions while Fort Myers Beach has a great deal of city-owned entertainment. It was noted the City already runs Pier 60 as a business. Consensus was to include the concession stand and umbrella and chair rentals as one package. It was noted the City has already invested a great deal of money into the building and property and should strive to maximize the return. Concession Stand Design City Engineer Rich Baier presented four schemes suggested for the new Concession Stand scheduled to open in Summer 1996. He said the best design incorporates tables in the center and offers better shade. All the designs had approximately the same number of seats. He suggested the retail shop could offer several products such as inflatable rafts, sun tan lotion and sandals. Concern was expressed the retail space will overburden the staff. Mr. Baker said retails sales cannot be eliminated because they are included in the bid proposals, although the type of retail products was not specified. It was noted the stand should be open into the evening to meet visitor needs. Mr. Baier said most bid respondents addressed the evening dinner hour. A hexagon-shaped building was preferred although a larger vista of the Gulf was recommended. It was requested that elevations be provided. Commission Discussion Items C-View Task Force The City Manager recommended the Task Force have seven members, with three members appointed by the City Commission and four technical members appointed by the City Manager. She suggested the Task Force be reevaluated after 18 months. It was agreed the Task Force should have strong technical representation. It was recommended to advertise the Task Force positions on C-View-TV. A list of applicants will be established and appointments will be made on November 16, 1995. Other Commission Action Commissioner Thomas referred to Sand Key beach renourishment and expressed concern regarding funding. He requested staff develop a backup plan and suggested groins or other mechanical means may help sand accrete. It was felt Belleair Beach may need to participate in this type of project. It was noted water once splashed over Gulf Boulevard until some actions were taken. It was suggested to invite a representative from Pinellas County to address the City Commission and report on the county's plan. Mr. Baker said a plan has been developed but is not funded. He expressed concern a plan developed by staff may not qualify for State permitting. Mr. Baker said he would develop a report on this issue. Commissioner Thomas expressed concern a decrease in property values on Sand Key would affect the City's budget. It was requested that this issue be agendaed for October 16, 1995, and that a County representative be in attendance. Commissioner Thomas referred to the September 28, 1995, letter from Paul Kelly, Marine Tours, Inc., President, regarding Show Queen Cruises. He expressed concern regarding the reference to damage caused by unruly thugs. He requested the City Manager direct the Police Department to use every available means to stop these appalling incidents. He suggested providing charter board captains with emergency beepers. He requested the plan be distributed to the City Commission. Commissioner Berfield referred to a letter concerned with dangers associated with happy hours. The City Attorney said she had not researched the issue nor reviewed advertising of happy hours. Concern was expressed regarding establishments giving away free alcoholic beverages. It was suggested staff notify the State to see if they can address this issue. Commissioner Johnson recommended installing an attractive Welcome to Clearwater sign on Sand Key. Mayor Garvey referred to Economic Development Director Alan Ferri's memorandum regarding membership in the Tampa Bay Partnership. It was felt the City should cooperate with the partnership and maintain a membership. Opposition to membership was stated based on concerns regarding the quality of leads the City would receive and the fact the City would have to turn its leads over to the partnership. An opinion was noted that the City would benefit. The City Manager indicated this issue would be discussed as an agenda item. It was suggested to include Community Redevelopment Agency Executive Director Peter Gozza in the discussion. Adjourn The Commission adjourned at 12:33 p.m.