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03/18/1996 CITY COMMISSION WORK SESSION CITY OF CLEARWATER March 18, 1996 Present: Rita Garvey Mayor/Commissioner Sue A. Berfield Vice-Mayor/Commissioner Fred A. Thomas Commissioner J. B. Johnson Commissioner Robert Clark Commissioner Karen Seel Commissioner Elect Elizabeth M. Deptula City Manager William C. Baker Assistant City Manager Kathy S. Rice Deputy City Manager Pamela K. Akin City Attorney Cynthia E. Goudeau City Clerk Patricia O. Sullivan Board Reporter The meeting was called to order at 9:00 a.m. at City Hall. Service Awards Eight service awards were presented to City employees. Christina Keenan, Human Resources Department, was presented the March 1996 Employee of the Month award. The Commission recessed from 9:12 to 9:22 a.m. to meet as the CRA (Community Redevelopment Agency). The City Manager reported Time Warner has had some difficulties with cable transmission of C-View TV. Some residents are receiving other programming. Community Outreach Manager Carrie Huntley said Time Warner's switch to fiber optics may be causing the problems. GAS GAS SYSTEM Purchase of various galvanized fittings & pipe from Peerless Supply Company, Clearwater, FL, for the period 03/22/96 -03/21/97, at an estimated $73,351.32 CGS (Clearwater Gas System) uses galvanized pipe and fittings to construct house piping installation for new customer connections, for maintenance, repairs, and the meter change out program. The overall low bidder, Peerless Supply, will provide a maximum 48-hour turn around on all orders. In answer to a question, the City Manager said the City takes advantage of discounts whenever possible. Discounts are not part of a low bid determination. IM INFORMATION MANAGEMENT Purchase of television studio equipment & installation from Encore Broadcast Equipment Sales, Tampa, FL, for $147,655 As a result of the Community Consensus project, the City Commission established a goal to improve public communications and efforts to market the City. C-View TV informs the public regarding City projects, programs, and operations and produces marketing videos. C-View TV went on the air in January 1994, and currently televises 13 live meetings a month, replaying them for viewer convenience. The VBB (video bulletin board) lists timely information. Series programming is produced for the Police Department and Library. General information shows and news spots cover major events. C-View's award winning tourism video was distributed to approximately 1,000 tourism related business. An edited version of the video was broadcast on a State-wide commercial TV show, Flamingo Fortune. Time Warner reports C-View is available to 40,000 subscribers, with a potential viewership of approximately 100,000. C-View's annual budget of approximately $346,000 averages $8.65 per household, or $3.46 per potential viewer for 24-hour a day City information.. For field productions, the City purchased production/post production equipment with an estimated useful life of ten plus years. Time Warner provided equipment for televising meetings from the Commission Chambers. Recommended studio equipment is: 1) three cameras; 2) tripod; 3) related items such as lenses, zooms, and focus controls; studio curtains for background; 5) lights; and 6) integration control units. The equipment will be installed in the Municipal Services building studio and integrated with existing editing equipment, creating a dual function production facility. Installation of the studio will allow staff to produce more original programming, including series programs for the Engineering and Fire departments, "Ask your City Commissioner/Mayor" type call-in programs, and up to date information during emergencies. Studio programming costs significantly less than field productions which require editing before broadcast. The Municipal Services building studio and Commission Chambers equipment will be connected via fiber optic cable. Costs to relocate applicable post production equipment from City Hall, and integrating existing equipment with new equipment are included in this item. Information Management Director Jeff Harper indicated programming taped previously at Time Warner facilities in Pinellas Park will be handled in the new studio. The City Manager said the City will be able to produce many more programs. It was questioned if staff had contacted Nielson Ratings to determine C-View's cost benefit. Mr. Harper reported another Bordner study will be conducted. It was suggested the City will have to justify the station's cost to the citizens in the future. PR PARKS AND RECREATION Continue with existing CIP budget of $30,000 to construct a picnic shelter at the Martin Luther King Recreation Complex; consider request from the Greenwood Panthers Culture and Sports Organization to fund an expansion to the City’s building at Phillip Jones Park which is used by the Panthers Youth Football Program The City's CIP budget includes $80,000 to renovate the Martin Luther King Recreation Center restrooms and lobby and $30,000 to construct a picnic shelter. In their September 28, 1995 petition, eight Greenwood Community organizations unanimously supported the restroom/lobby renovation project. Staff currently is preparing plans with the architect. The same petition requested transferring $30,000 from the picnic shelter project to the "North Greenwood Panthers" to expand the building the Panthers use at Phillip Jones Park. Reverend William Graham, on behalf of the Upper Pinellas County Ministerial Alliance, opposes the money transfer and recommends constructing the shelter as approved. Staff supports using the $30,000 for a picnic shelter and submitting a CIP (Capital Improvement Plan) project budget for consideration in FY (Fiscal Year) 1996/97 to fund the proposed building expansion. The City Manager noted staff's recommendation to construct the picnic shelter. She suggested the City Commission direct staff to find money for the Greenwood Panthers or address it in the next year's CIP budget. Consensus was to address the issues separately; revise the item to go forward with the picnic shelter and address the Greenwood Panthers' request next fiscal year. Contract for Pier 60 Park Playground Equipment to Park Structures, Inc., Pompano Beach, FL, for $75,000 Construction of Pier 60 Park is scheduled for a June 28, 1996 completion. A RFP (Request for Proposals) for the playground equipment, released December 12, 1995, indicated the maximum budget was $75,000. Six proposals were received and evaluated by a selection committee representing the Parks & Recreation, Engineering, and Finance departments and the Parks & Recreation Board and CBA (Clearwater Beach Association). The committee selected a short list of three companies: 1) Park Structures, Inc.; 2) Landscape Structures, Inc.; and 3) Dominica Recreation Products. These companies made verbal presentations at a public meeting on February 22, 1996. The committee selected Park Structures, Inc. The playground equipment will be challenging, creative, safe, and attractive. It will be ADA (Americans with Disabilities Acts) accessible, serviceable in the beach atmosphere, and comply with "Consumer Product Safety Commission Guidelines." Equipment includes several hundred square feet of deck, spiral slides, wave slides, clatter bridges, arch bridges, crawl tunnels, arch climbers, swings, horizontal ladders, a tic-tac-toe panel, firefighter's pole, etc. It will include stainless steel and vandal resistant hardware, stainless steel welds, etc. The selection committee will meet with Park Structures, Inc. representatives to choose specific pieces of equipment, colors, location changes to satisfy the view corridor, timing of installation, etc. Park Structures, Inc. has indicated they will be flexible to satisfy City needs and equipment will be installed two weeks following completion of the playground shelters. Parks & Recreation Director Ream Wilson reviewed the site plan which contains shelters for pre-school and older children play equipment. He referred to a concept drawing showing the equipment connected outside the shelters. More than half the equipment will be under the shelters. The RFP was sent nationwide, requesting businesses be creative with the fixed budget. Colors have not been chosen although general discussion indicates a preference for earth tones. It was suggested the committee consider heat retention. In answer to a question, Recreation Facilities Superintendent Larry Dowd said the final design has not been determined. Concern was expressed that the design avoid safety hazards. Mr. Wilson said all safety concerns will be stressed. He said other options were discussed including a tugboat between the two shelters. Graffiti was a concern. He requested flexibility for the committee to work with Park Structures. Mr. Dowd said the playground will include ADA access points. Concern was expressed older children would intrude on the younger children's play equipment if equipment from the two shelters connects. Consensus was not to have a connection. Benches will be installed between the shelters and the view corridor will be considered. EN ENGINEERING Public Hearing & First Reading Ord. #6008-96 - Vacating W 5’ of 10’ Drainage & Utility Easement lying along E side of Lot 90, Woodgate of Countryside Unit Two (Hawley, V96-04) The applicant is requesting to vacate the West five feet of the ten foot Drainage and Utility Easement lying along the East side of Lot 90, Woodgate of Countryside - Unit Two. The applicant proposes to construct a swimming pool and concrete deck that will encroach five feet into the existing 10-foot easement. The City has no existing utilities within the alley. Concern was expressed the City Commission approves all vacation requests. It was noted Ms. Dolokowski in Northwood Estates receives a great deal of drainage in her yard because the City allowed her neighbors to fill in drainage ditches. Engineering Director Rich Baier said staff met several times with Ms. Dolokowski and her mother, proposing the City install gabions to solve the drainage problem. Ms. Dolokowski wants the City to install a $100,000 masonry wall. Mr. Baier said the City does not pay for walls and no longer hardlines ditches. He indicated staff is preparing a project for Commission approval. In answer to a question, Mr. Baier said Ms. Dolokowski has indicated she will not accept gabions. He reported the first hardlining or enclosure was done on Ms. Dolokowski's property. The City approved the requests of several property owners to her North who piped their back yards. The retention area lost between 9,000 and 10,000 cubic feet of water storage. Recent construction on Landmark Drive near Eastland Drive addressed this situation. Opening the back yards would cost between $150,000 and $200,000 and is not in Engineering's five-year plan. The wall Ms. Dolokowski has requested costs $100,000 above the expense of the gabions. In answer to a question, Mr. Baier said Ms. Dolokowski wants the wall because it is difficult for her to maintain the top of the bank. She wishes to close her property or feels properties to her South should be opened. Those owners vehemently oppose the proposition because it would require tree removal. It was suggested the area should be returned to Mother Nature by opening up the ground and creating stormwater treatment. It was requested the City Commission not forget helping Mrs. Dolokowski solve her problem. The 1996 Sidewalk Contract to MTM Contractors, Inc., St. Petersburg, FL, for $549,986.30 This project will restore sidewalks in four large areas and provide in-fill between sections of sidewalk throughout the City. Work in restoration areas will repair broken and missing sidewalk sections to upgrade these areas to current ADA (Americans with Disabilities Act) standards. Restoration will reduce the City's accident liability exposure and supplement the Public Works Department ongoing sidewalk restoration program. Sidewalk restoration needs are greater than Public Works' crews can accommodate. Restoration areas include: 1) Clearwater beach; 2) North Fort Harrison; 3) North Greenwood (North of Downtown); and 4) Clearwater Country Club. It was recommended information regarding this project be provided to citizens. It was suggested C-View TV broadcast this information. In answer to a question, Mr. Baier said staff has worked with Pinellas County to fix some of the sidewalks on Gulf Boulevard. The County has no plans to enlarge them. John Doran's recommendation to move forward with the North beach streetscape was noted. The City Manager said that project is on hold until staff receives the study regarding South Mandalay Avenue which is due in the next couple of months. Mr. Baier said the parking study also soon will be complete. Direction re Memorial Causeway Bridge Mr. Baier said FDOT (Florida Department of Transportation) has seen the City's plans regarding construction of a replacement for the Memorial Causeway Bridge and plans to further cut back on the rehabilitation project. Estimated repairs will now cost approximately $500,000, compared to the $2.2-million project originally planned. FDOT has requested Clearwater pass a resolution indicating the City's intent to construct a new bridge within the near future. The new repair project still will impact the bridge for approximately three weeks when traffic is limited to two lanes. He reported staff forwarded a letter to FDOT addressing concerns with plans to temporarily close the bridge and to the Coast Guard requesting controlled openings. It was suggested lane closures be limited to weekdays. Mr. Baier said staff is taking a more active role in the repair contract negotiation. He requested the resolution be considered Thursday for forwarding to FDOT next week. In answer to a question, he said the contract will not include a bonus for early completion. Staff has requested the State use funds committed to the project to work longer shifts, etc. Work will not begin before May 1, 1996, after Spring Break. The City Manager questioned the City Commission's proposed level of commitment to include in the resolution. The City Attorney recommended the City Commission note their intent to replace the bridge. In answer to a question, Mr. Baier said to date, the City has received no commitments for funding the project. Staff is pursuing funds from the canceled Anna Maria project. The bridge could be funded by Penny for Pinellas if it is extended. The State will maintain the bridge as part of its highway system. Mr. Baier will report on annual costs to maintain a similar bridge. Concern was expressed regarding committing to replacement before identifying the source of funding. It was felt the project will not attract funding until the City commits to it. Update on US 19N Mr. Baier attended a recent meeting discussing plans for US 19N. The primary concern was conveyance of traffic on US 19N. Access problems with flyovers were noted. Right-of-way and other costs have tripled in the past few years. FDOT is reviewing ways to reduce right-of-way needs. One suggested configuration allows the outside lanes to remain at grade to access businesses fronting the highway. FDOT is providing the MPO (Metropolitan Planning Organization) with quarterly updates. Monetary impact is of great concern. The City had indicated a flyover at Drew Street would not be acceptable as it would be detrimental to downtown and area businesses. The City committed to emphasizing access to area businesses. It was recommended Commissioner Clark be appointed to the MPO as he is the Commission's representative to the PSTA. It was noted flyovers was only one of many suggestions. Concern was expressed media reports that a decision to build flyovers was likely, discouraged a retailer from relocating to the area. It was recommended the CRA (Community Redevelopment Agency) be aware of this issue. The Commission recessed from 10:47 to 10:59 a.m. CP CENTRAL PERMITTING Variance(s) to Sign Regulations for property located at 1871 Gulf to Bay Blvd., Brookside Sub., Lot 34 (J. C. Weaver / Clearwater Bagel, SV96-08) The applicant has requested a variance of one freestanding sign to permit two such signs and a variance of 396 square feet to permit replacement of a 60 square foot freestanding sign where a maximum of 64 square feet of freestanding sign area is allowed. This property, on the South side of Gulf-to-Bay Boulevard and West of Clearwater High School, is zoned General Commercial (CG). The variance is requested to replace a sign erected in May 1993, pursuant to SV 93-11. City code interpretation allowed the sign to be erected without considering the billboard. This provision was in effect until January 19, 1996, the end of the amortization period for billboard-sized signs on Gulf-to-Bay Boulevard. A car destroyed the subject sign after January 19. Staff feels special circumstances support approval. The sign was legally erected consistent with code interpretations. The sign, destroyed by an errant vehicle, cannot be replaced under the same code interpretation. Had it been destroyed weeks earlier, replacement would be permitted. The City Manager expressed concern regarding permitting a freestanding sign on this property before the billboard is removed. The City Attorney said the 3M billboard became nonconforming in January. The City is negotiating with 3M to remove the remainder of their billboards. She noted other properties also may want to add freestanding signs. In answer to a question, Central Permitting Director Scott Shuford said the freestanding sign was approved based on the assumption the billboard would be removed. Concern was expressed the sign issue will never be resolved if the City continues to approve variances. The City Attorney said the freestanding sign would not be allowed under current sign rules because of the billboard's presence. It was suggested staff request 3M to remove this billboard in 1996. The City Attorney said 3M removed nonconforming billboards in 1992. Staff is working on an agreement to remove the remainder. It was noted the City cannot hold the retailer accountable for the billboard's removal. It was suggested the variance deal with the property owner who should be held accountable. It was recommended requiring the property owner to provide the bond. The City Attorney said a variance will not be needed once the billboard is removed. It was stated the business owner needs the freestanding sign for identification. The City Manager suggested the applicant may wish to pay for the bond. It was questioned why the property owner cannot demand 3M to remove the illegal billboard. It was noted that action would solve the whole issue. Variance(s) to Sign Regulations for property located at 400 Mandalay Ave., Sec. 8-29-15, M&B 23.01 (John S. Taylor III / Double Tree Resort Surfside, SV96-06) Mr. Shuford reported staff received a change to this request late last week and has not analyzed it yet. They will forward their review to the City Commission. (Cont'd from 03/07/96) Public Hearing & First Reading Ords. #5983-96 & #5984-96 - Annexation & IL Zoning for property located at 2050 Sunnydale Blvd., Clearwater Industrial Park, part of Lot 2 (Tuthill Corp. / Hansen Plastics Division, A96-03) Mr. Shuford reported this item will be withdrawn because annexation of this property would create enclaves. It was noted the problem would be solved if the property to the East annexes. (Cont'd from 03/07/96) Public Hearing & First Reading Ord. #5970-96 - Amending Sec. 42.21, to provide for improved clarity concerning the application of landscaping and parking standards for nonconformities (LDCA95-24) Mr. Shuford requested postponing this item until staff has the opportunity to review the implications of adding language recommended by the Planning & Zoning Board. Discussion - Downtown Plan Zoning Amendments In August 1995, the City Commission approved a redevelopment plan for the Downtown community redevelopment area which recommended a number of zoning changes to accommodate and implement the "traditional town center" concept proposed by the plan. Changes include restrictions on height, density, and FAR (floor area ratios). Staff has held public hearing before the Planning & Zoning Board and attended a public meeting sponsored by the Government Liaison Committee of the DDB (Downtown Development Board) to discuss these matters with the public. Staff has proposed some changes. Staff proposes several zoning code changes regarding implementing the Downtown Redevelopment Plan: 1) an exception from the amenity requirements if the required areas is less than 500 square feet; 2) permitting three new uses to the Core and Eastern Corridor districts: a) farmers markets; b) townhouses; and c) detached single family residences; 3) placing new use limits on properties fronting Cleveland Street; reserve ground floor for uses that contribute to pedestrian interest such as indoor retail sales, restaurants, nightclubs, taverns and bars, offices, government offices, convention centers, hotels/motels, and similar uses; and 4) change intensity requirements: a) Urban Center Bayfront - no changes; b) Urban Center Core 1 - change unlimited height, FAR, and density to 100 foot height, 3.0 FAR, and 70 UPA (units per acre); c) Urban Center Core 2 - change unlimited height, FAR, and density to 180 foot height, 5.0 FAR, and 70 UPA density; d) Urban Center Eastern Corridor - change 200 foot height to 100 feet and maintain the same 3.0 FAR and 70 UPA density; and Urban Center Transition - no change to the 35-60 foot height, 0.3 FAR and density of 28 residential and 42 hotel UPA. Mr. Shuford said the traditional town center concept would create a more friendly pedestrian area. He said it is important to shrink the size of downtown. The City currently has intensive FAR and height limitations. Staff recommendations are based on contact with property owners. It was noted the City Commission had approved the overall plan but not the details. Mr. Shuford agreed the plan will accommodate changes. He said less intense development is planned for the Eastern corridor. In answer to a question, Mr. Shuford indicated the plan includes Pierce Street as the approach to the new Memorial Causeway bridge. The plan clarifies which land uses are preferred although a wide range of uses will be permitted. Mr. Shuford recommended limiting buildings in the Eastern corridor to eight stories or 100 feet. He referred to the urban center building profile of the downtown core where most buildings are in the 150 foot range for tall ones and 35 - 40 foot range for smaller ones such as the Post Office and City Hall. He noted the proposed 450-foot Rome Tower is out of balance with the rest of downtown. As long as the applicant continues, nothing can be done regarding this proposed use. Without changes, additional similar structures could be built. Mr. Shuford felt this use is not compatible with downtown. It was suggested additional similar buildings would dilute the stark appearance of the Rome Tower. Mr. Shuford said the 1100 and AmSouth buildings would be non-conforming under the proposed changes. Bonuses are permitted if a building meets certain requirements, such as increasing the amenity area, providing mixed uses, and including a percentage of affordable housing. He felt concerns expressed by several property owners who attended a recent Planning & Zoning Board meeting had been addressed. It was suggested a pyramid effect may be greatly preferable to a hodge podge of developmental heights. Concern was expressed the proposed tower resembles a sore thumb. It was recommended a set of incentives be permitted for buildings in UC1 (Urban Core One) with added incentives to build higher available in UC2 (Urban Core Two). Mr. Shuford recommended permitting a maximum building height of 150 feet in UC1 and 220 feet in UC2. It was suggested to move the urban core line East to Prospect from Myrtle. A suggestion was made to permit added incentives for properties in the East corridor. In answer to a question, Mr. Shuford recommended against extending the Urban Core to Missouri Avenue as development patterns in the East corridor use lower FARs than downtown and a strong transportation system is not in place. Water views set downtown Clearwater apart from the rest of the country. It was questioned if buildings on Missouri Avenue could have water views. Mr. Shuford suggested Clearwater may be better off with a number of lower buildings than one very tall one. The majority agreed development in Urban Core One and Two should have some incentives, with additional benefits available in Urban Core Two. The majority also agreed to expand Urban Core Two East to Prospect Avenue. Staff will present this information to the March 19, 1996, meeting of the Downtown Joint Partnership. CM ADMINISTRATION Additional Police Service Technicians to provide security at City Hall and the Municipal Services Building Staff recommends hiring three full-time PSTs (Police Service Technicians) to provide information/security at City Hall and the Municipal Services building. The positions will provide security 10 hours per day, Monday through Friday, for regularly scheduled evening meetings, and on weekends for special meetings and events as needed. In addition, the PSTs will be stationed in the lobby to provide information to citizens. Annual costs will be $77,367 for salaries, fringe benefits, and uniforms. Additionally, the three required radios will cost approximately $2,750. The City Manager said the PSTs will work 10 hour days. It was felt those who greet the public should possess customer service skills. The City Manager said that issue had been addressed. The Police Chief was requested to fill these positions early so new staff can become familiar with the City. Concern was expressed the estimated cost for these positions is significantly greater than originally estimated. The City Manager said when the position was first discussed, costs for vacations and benefits were not addressed. The Police Chief also recommended upgrading the position from Police Aide to Police Service Technician. In answer to a question, the City Manager said the Library currently contracts for security services. As the service does not meet library needs, the Library Director is planning to come forward and ask for coverage similar to this plan. PSTs carry a radio and panic button but no firearms. Surveillance cameras also are being considered. Contract for Harborview Center Caterer The City Manager requested the contract for the Harborview Center caterer be pulled. Concern was expressed the contract includes non-guaranteed estimations. Deputy City Manager Kathy Rice said the figures are based on estimated revenues. It was noted the contract lists City revenue at a non-guaranteed level. It was suggested the City should receive an escalating fixed commission so the City is always paid its share. The commission could increase in 5% annual increments beginning with 20%. It was noted the agreement includes quality and performance standards and indicates prices will be competitive with the market. It was suggested the agreement should establish food standards. It was felt catering offers a huge financial potential for the City. Ms. Rice recommended the City's revenues would be higher with a different commission structure. It was noted the City hired GFS (Globe Facility Services, Inc.) as the Harborview Center's management team because of their expertise. It was suggested the City accept GFS' recommendation regarding this issue. Concern was expressed the agreement did not guarantee income to the City. Ms. Rice said the contractor will guarantee operating deficits. It was believed GFS cannot lose money on this deal but the City can. The issue will be discussed further at the April 1, 1996, Work Session. Welcome Center at Memorial Civic Center The current lease with the Greater Clearwater Chamber of Commerce to operate the Welcome Center in the Memorial Civic Center expires at the end of April 1996. Last year, the Commission approved the one-year lease extension with the understanding the City, Chamber, and BTC (Beach Tourism Council) develop a cooperative arrangement to operate the Welcome Center. After several joint and separate meetings, no agreement was reached. In the interim the newly formed Beach Chamber of Commerce replaced the BTC. All groups agree the Welcome Center provides a "concierge" type service rather than services typically associated with a Welcome Center. Its central beach location is a great benefit. Several options are available: 1) renew the lease with the Greater Clearwater Chamber of commerce to continue operating the Welcome Center; 2) issue a RFP to contract with an organization to operate the Welcome Center, with equal treatment for all City businesses; and 3) have the City assume the Welcome Center's operation. The City Manager said the Welcome Center averages 50,000 visitors annually. The Greater Clearwater Chamber of Commerce has not budgeted operating expenses past April 1996. The City Manager said if a Welcome Center on the beach is important, she recommended the City operate it. The City is neutral and would allow equal representation. For a fee, the Greater Clearwater Chamber of Commerce has proposed to run the center and distribute brochures from all City businesses. She noted one day the City Commission will address the building's future. In the meantime, it is important to continue the services. It was suggested the Tourism Office could be located there. Concern was expressed the City would be entering an area of private enterprise. In answer to a question, the City Manager indicated the Greater Clearwater Chamber of Commerce spends approximately $31,000 annually operating the Center. It was noted these added responsibilities would impact the Tourism Director's time. Additional information regarding this issue was requested. In answer to a question, the City Manager said staff did not want the Greater Clearwater Chamber of Commerce to submit their proposal and then open the process up to bid. It was suggested the Greater Clearwater Chamber of Commerce continue their operation of the Welcome Center for another year while the City Commission determines future plans for the center. The City Manager noted the Greater Clearwater Chamber of Commerce only stocks brochures related to their members' businesses. It was recommended the City contract with them for a year to carry brochures from all City businesses. It was felt that would be controversial as the Beach Chamber of Commerce is at odds with the Greater Clearwater Chamber of Commerce. It was felt the number of City employees should not increase to meet this need. It was suggested that all organizations be given the opportunity to bid for it. It was suggested another organization may not be prepared to take over the operation in less than two months. The City Manager said the Greater Clearwater Chamber of Commerce has indicated they could continue with the current arrangement for a couple of weeks into April. It was suggested staff also contact the professional organization that runs Welcome Centers. CA LEGAL DEPARTMENT Second Reading Ordinances Ord. #5971-96 - LDCA establishing zoning standards for police substations (LDCA96-01) Community-based policing is an increasing trend in law enforcement and often requires establishing temporary or longer-term police substations in various neighborhoods. This ordinance provides a mechanism to establish temporary or permanent police substations in any zoning district in the City. The ordinance adds police substations to the definition of "utility facility," establishes conditional use permit standards for police substations, and provides for approval of temporary police substations as temporary uses. The Planning & Zoning Board and Development Code adjustment Board unanimously recommended approval of this ordinance. Mr. Shuford indicated the PPC (Pinellas Planning Council) sent a letter regarding technical concerns, suggesting this issue be handled differently. He said staff plans to address those technical issues in a more comprehensive fashion in the future. Staff will contact the PPC to see if this ordinance can go forward as stated. Ord. #5972-96 - LDCA establishing “Research and Technology Production” Use (LDCA96-02) Staff has identified the need to create a new use, "Research and Technology Production," to permit high tech production and assembly uses in commercial zoning classifications subject to conditional use permit compatibility review; review of PPC rules and the Pinellas County code reveals such uses can be regarded as a type of heavy commercial use. This ordinance is in response to a proposal to relocate a high tech medical research employer that produces intraocular lens to a four-acre property zoned Commercial Center. The nationwide market for retail and office space is declining. Clearwater wishes to attract high tech operations. This amendment should allow and encourage an appropriate wider range of land uses in the City's commercial zoning categories and permit this use in other zoning districts. Mr. Shuford said David Healey, Executive Director of the PPC, had written a letter indicating he felt the proposal was extremely inconsistent with the County Plan. Mr. Shuford recommended postponing action on this ordinance until the County completes their rules change. He noted the delay puts the property owner who precipitated this change at some risk. He hoped staff can persuade Mr. Healey to handle this issue expeditiously. Ord. #6006-96 - Amending franchise agreement with Time Warner Entertainment-Advance/Newhouse Partnership to extend the term of the franchise for a period of 3 months, ending 05/01/96 In answer to a question, the City Attorney said a draft agreement has been completed. She did not expect the deal to be finalized until Time Warner Entertainment-Advance/Newhouse sees GTE's contract. She said a future second channel for C-View with interactive uses is planned after Time Warner switches to digital technology. She said the agreement is for 10 to 15 years and contains a long range view. Time Warner Entertainment-Advance/Newhouse is concerned their playing field is level with GTE. It was noted the field will not be level if GTE does not have to construct a facility. Ms. Rice noted GTE could be required to pay Time Warner Entertainment-Advance/Newhouse for providing certain items. In answer to a question, the City Attorney hoped the contract can be completed before the end of this extension. It was recommended that staff indicate City wishes that this contract be completed soon. The majority of the Commission agreed they were not interested in producing commercial broadcasting on a second channel. Resolutions Res. #96-18 - Requesting Florida Division of Alcoholic Beverages and Tobacco to issue a special license for alcohol consumption on-premises only to the Harborview Center, and requesting transfer of said license to the facilities caterer The City Attorney indicated staff will distribute an amended resolution to not transfer the license to the facility's caterer at this time. Ms. Rice said the City will hold the license and GFS will hire servers. In answer to a question, the City Attorney said once a caterer has been contracted, the City will ask the State to transfer the license to the caterer. OTHER CITY ATTORNEY ITEMS Confidentiality Agreement regarding Camp Soule The City Attorney requested Commissioners sign a confidentiality agreement regarding Camp Soule, agreeing not to divulge information regarding the appraisal until after the property is purchased. Appraisals remain confidential for a certain length of time. She said signing the agreement does not prohibit Commissioners from promoting the project. Agreement with Pinellas County re Pinellas Trail The City Manager reported Pinellas County alerted the City last week that they have rethought their proposal regarding extending the Pinellas Trail through Clearwater. Mr. Baier said CSX has been discussing their concerns with the County regarding the trail's planned route adjoining the railroad tracks. Concern was expressed the County should have resolved this issue before moving forward with the plans. It was suggested the City could consider a different trail route. It was noted the County already purchased the right-of-way along this route. It was suggested the City widen its sidewalks to 10 feet along East Street. Signs at both ends of East Street could direct trail users to the location where the "sidewalk" ends and "trail" begins. The City Attorney said that solution may not address CSX concerns that pedestrians will be inside the gates. Mr. Baier said CSX wants additional separation between pedestrians and the tracks. The City Attorney wished to review CSX comments. Information regarding funding available for this portion of the Trail was requested. Consensus was to pull this item from the March 21, 1996, agenda. The Commission recessed from 10:47 to 10:59 a.m. City Manager Verbal Reports The City Manager reported Commissioner Thomas' interns' report regarding the Parks & Recreation Department will be added to Thursday's agenda. Commission Discussion Items Resolution re Proclamations - Thomas The City Attorney said a policy already exists regarding proclamations and recommended amending it rather than issuing a resolution. Concern was expressed the resolution would disallow a proclamation regarding Black History Month. It was noted the resolution addresses all segments of society stating the entire system is open to all and the City is not bigoted nor does it ignore any one part of society. In answer to a question, concern was expressed no proclamation had been issued in the past three years declaring a Men's History Month. It was felt the City must be balanced and fair in its approach to issuing proclamations. It was noted declaring a Men's History Month currently is not disallowed and it was felt there is no need for this resolution. It was noted the proposed resolution states the City will issue a proclamation if one is requested. It was suggested this issue be resolved when the City Commission reviews their policies. A list of all recent proclamations was requested. It was noted proclamations are issued when requested by organizations with local membership. Other Commission Action Mayor Garvey questioned if staff had received a response from Florida Power regarding the City's request to annex their right-of-way. The City Manager said they have indicated they are willing to cooperate. Mr. Shuford said they will annex right-of-way as it is needed to avoid enclaves. Commissioner Thomas referred to City stationery and recommended it be formal and include the City Seal. It was noted some departments need to generate responses by appearing less official. The majority agreed the City should use one style of stationery that includes the City Seal in blue. The current supply of stationery will be depleted prior to use of the standard stationery. Commissioner Berfield referred to a letter from Pat Sullivan regarding information broadcast during C-Span's recent visit to Clearwater. A response was recommended. It was also suggested Ms. Sullivan be commended. Commissioner Berfield referred to correspondence from the McGuire law firm and questioned if the City is in litigation on the issue contained in the letter. The City Attorney indicated not at this time. Commissioner Johnson referred to a request from NACORE for 250 free rooms in Clearwater during their convention in Tampa. The Mayor said she had been with the organization and indicated the City was excited they were meeting in Tampa. She recommended forgetting the letter which is "way off base." Mayor Garvey said she had received a phone call this weekend regarding the huge amount of seaweed on the beach and questioned City policy regarding private beaches that cannot handle the quantity. The City Manager said the City does not clean private beach. If property owners gather the seaweed at collection points, staff will schedule extra pickups. Commissioner Thomas said the City cleans the beach north to Acacia to the edge of the motels. The City Manager will review procedures to be certain staff is cleaning only public beach. Commissioner Clark questioned if City clean up services could be offered at cost. The Mayor expressed concern about starting such arrangements. The City Attorney will review that option. Adjourn The meeting adjourned at 1:17 p.m.