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01/29/1996 CITY COMMISSION WORK SESSION CITY OF CLEARWATER January 29, 1996 Present: Rita Garvey Mayor/Commissioner Sue A. Berfield Vice-Mayor/Commissioner Fred A. Thomas Commissioner J. B. Johnson Commissioner Robert Clark Commissioner 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 Dean Edwards, Fire Department, was presented the January 1996 Employee of the Month award. The Commission recessed from 9:04 to 9:15 a.m. to meet as the Pension Trustees. FD FIRE First Reading Ord. #5982-96 - relating to false fire alarms; amending Sec. 5.25 to provide an alarm user 2 courtesy warnings and to require an alarm user to pay an administrative fee of $22.50 for City's review of written evidence from a licensed alarm company that the alarm system causing a false alarm has been inspected and repaired. When Suppression forces determine a false alarm has occurred, the incident report is forwarded to the Fire Prevention Division and a Notice of Violation is sent to the property owner by certified mail. The property owner has 15 days to repair the system and provide notification of same. No property owner has allowed the 15-day period to elapse. This proposed change will require the property owner to submit documentation plus a $22.50 administrative fee to cover the City's costs to review written evidence that the alarm system has been inspected and repaired. Fire Marshal James Goodloe said when the Fire Department responds to false alarms, they determine the cause and issue a Notice of Violation. The Fire Department has been absorbing the costs of administration. The City Manager noted the proposed fee does not cover the cost of sending the fire engine to the scene. It was questioned if the cost of the Police Department responding to false alarms had been analyzed. The City Manager indicated that department's expenses represent a different cost factor. It was felt the Fire Department and Police Department charges should be the same. The City Attorney said the fee is not a fine. In answer to a question, Mr. Goodloe said the Fire Department answers approximately 100 false alarms per month. It was pointed out the Fire Department had studied this issue and determined $22.50 covered their expenses and was a fair fee. In answer to a question, Mr. Goodloe indicated the City's definition of false alarms differs from the State which defines any alarm where no fire exists as false. The City Attorney indicated the purpose of the fee is to recover the Fire Department's administrative costs for addressing this matter. The cost of answering an alarm was questioned. Mr. Goodloe said that depended on the size of the property. Fire engines cost $125 per hour. The cost to answer calls at residents and small commercial properties is the same. He indicated the proposed fee addresses commercial alarms only. It was noted it costs the Fire Department a minimum of $350 to answer a call and it was questioned if a more punitive penalty could be established for false alarms. Mr. Goodloe indicated if a owner does not comply with the Notice of Violation, a Notice to Appear in County Court carries a fine of $155. It was questioned if the person who made a false alarm could be charged the cost of Police and/or Fire response. Mr. Goodloe said the Police are not required to respond to every alarm. The Fire Department is. Owners are given two courtesy warnings and are sent a Notice of Violation after the third false alarm. PR PARKS AND RECREATION Direction re Carpenter Field Clubhouse Renovation Since the Carpenter Field clubhouse was constructed in 1967, some minor modifications have been made. Staff agrees with the Phillies request to modernize the facility to a level similar to other major league Spring training sites (i.e. air-conditioning, offices, etc.). The CIP budget includes $600,000 for phased renovation of the clubhouse building over two years: $60,000 in FY (fiscal year) 1995/96 for professional services and $540,000 in FY 1996/97 for construction. Staff contracted with the City's consultant, PBS&J (Post, Buckley, Schuh, and Jernigan, Inc.), to review the existing structure to prepare a design and provide cost estimates. The consultants' design phase plans are acceptable to all parties. The estimated cost is higher than the amount budgeted. The estimated cost of "Option 1" is $662,000 for interior and essential exterior improvements. The total project cost of $728,500 includes $66,500 for professional fees. "Option 1" is $128,500 over the budget of $600,000. The estimated cost of "Option 2" is $732,000 for all proposed interior and exterior improvements. The total project cost of $798,500 includes $66,500 for professional fees. "Option 2" is $198,500 over the budget of $600,000. To complete the project before the 1997 Spring training season, monies budgeted in FY 1996/97 have to be moved to Summer 1996 to meet a 6-month construction schedule. City Commission direction is requested to allow the consultants to proceed with construction drawings and advertise the project for bid. A recommendation to award a contract and appropriate budget amendments will be presented to the City Commission in early Summer. Parks & Recreation Department Director Ream Wilson said the facility is unattractive and is not air-conditioned. Installing air-conditioning will require work on the ceiling and roof. The first option only addresses interior needs. Option 2 also modernizes the building's exterior. If construction is delayed until October, the building will not be ready for the 1997 Spring training season. It was questioned if the building should be razed. Avinash Gupta, PBS&J Vice president and Director of Architecture, said the building is 27 years old and is structurally sound. Windows are not airtight and the roof leaks through the ceiling in several places. It was noted the building currently cannot be used by female employees because it lacks adequate facilities. In answer to a question, Mr. Wilson said the structure is used most of the year. The clubhouse is used exclusively by the Phillies. John Timberlake, representative for the Phillies, said the Phillies use the facility annually from January until June 15. The restrooms and concession stand are used year round by the public. The clubhouse includes lockers, offices, storage rooms, etc. He said some employees will use the facility year round. Concern was expressed the City has spent up to $1.2-million in the past three years for improvements to facilities used by the Phillies. Mr. Wilson said most of those expenses addressed ADA (Americans with Disabilities Act) upgrade requirements. It was pointed out most of this project will benefit the Phillies. In answer to a question, Mr. Wilson said the Phillies are contracted to remain in Clearwater until 2003. It was suggested the Phillies add a year to their contract for every $1-million the City invests in their facilities. Mr. Timberlake thought the request seemed reasonable but indicated he could not make a commitment. He said the Phillies have trained in Clearwater for 50 years and the team is not looking for alternative facilities. It was recommended the facility improvements not be contingent on a contract extension. An extension to 2005 was suggested. Mr. Wilson will contact the Phillies organization regarding this recommendation. A request was made the Phillies erect a sign in Veteran's Stadium indicating Clearwater is their Spring Training home. Mr. Timberlake will provide Mr. Wilson with photographs of the current signs in Veteran's Stadium. The flashing sign refers to Clearwater several times a game. He indicated the permanent signs are very expensive and pointed out the Phillies do not own Veteran's Stadium. It was requested staff research this recommendation and see what is possible. The recently completed weight room is located at Jack Russell Stadium. Mr. Gupta said the proposed renovation at the Carpenter Field facility will add office space, a pantry and food service area, and a conference and meeting area. He estimated applying stucco to the building's exterior, adding a parapet on the roof, and redesigning the entrance will cost $70,000. He said the roof will have a slope due to the installation of air-conditioning equipment. Coaches use the roof to observe the fields. In answer to a question, Mr. Wilson said arrangements will be made to provide restroom and concession facilities for youth programs while construction occurs. These facilities will be improved. Mr. Wilson said the youth programs use the roof but access is restricted for safety reasons. Consensus was for staff to come back with a bid for Option 2 and an answer from the Phillies regarding extending their Spring training contract. Mr. Wilson said the project will be bid in May 1996. The City Manager indicated if the Phillies do not extend their contract, the Parks & Recreation Department would have many uses for the building. EN ENGINEERING Construction Contract - Pier 60 Park, inclusive of Concession Building, Pavilion, covered Playground and Park amenities to Caladesi Construction Company, Largo, FL, for $1,210,425; A conceptual plan previously presented to the Commission depicted a park inclusive of a concession building, covered pavilion, and covered playground.. The City Commission indicated they wanted the park to exhibit a nautical seascape theme, preserve open space and vista, and provide shade for the playground area. Plans were prepared after several meetings with key staff members from the Marina, Parks & Recreation, and City Management team. The project will start about February 5, 1996, and is scheduled for completion by June 28, 1996. The current advertisement yielded three bids. The lowest bid is approximately $200,000 less than the rejected sole bid to the project advertisement during the holiday season. Funding of $169,513 is available in the CIP (Capital Improvement Project) for the construction of a beach pavilion. Additional funds of $139,270 are available in Recreation Impact Fees. The balance of funding, $1,037,463, will be provided with the appropriation of unappropriated retained earnings of the General Fund at first quarter. The total is $135,821 higher than the recommended bid contract amount due to the inclusion of the playground apparatus to be provided by a separate contractor and a 5% construction contingency. Revenues from the concession lease of approximately $150,000 per year will be captured in the General Fund as a General Fund revenue. The City Manager said funding for the pavilion only is budgeted. It was requested that drawings of the project be available on Thursday. The City Manager is reluctant to use funds budgeted for the Bayfront Park as they may be needed now that the Harborview Center is complete. A large shortfall in funding was noted and it was questioned if the project can be staged. The City Manager agreed the openness of the vista is attractive. She said the City is committed to construct the concession stand and pavilion. It was suggested the revenues from the concession agreement may pay for the entire project within 10 years. It was noted 80% of the budget is needed to construct the concession stand and pavilion. Engineering Department Director Rich Baier cautioned against eliminating some hard scape features designed to meet ADA requirements. He reported staff will provide approximately $100,000 worth of site improvements. In answer of a question, Mr. Baier said estimated costs for individual items in the bid differ because contractors build profits into line items differently. The City will pay a premium if items are bid separately. It was suggested the City Commission reconsider the project. It was agreed the concession building must be built as soon as possible. It was recommended construction of the pavilion be delayed and moved. Revisiting the playground issue also was recommended. Concern was expressed playground equipment would block the vista. It was questioned if parents bring children to the beach to use playground equipment. The covered playground was planned to provide shelter from the sun. Mr. Baier said the City cannot pick individual items from the bid. Changes would require the project be bid again. The City Manager said this issue would be addressed on Thursday for citizen input. In answer to a question, Mr. Baier said the Clearwater beach sign soon would be replaced. Citizen comments regarding the beauty of the vista were noted. The City Manager pointed out survey results indicate the top reason tourists visit Clearwater beach is because of the unspoiled natural and relaxed atmosphere. Lighting for Clearwater Pass Bridge Mr. Baier distributed a plan to light the Clearwater Pass Bridge prepared by Volkert and Associates. Metal halide type lights would be installed on the East side only. They could be colored to coincide with different seasons. Annual operating and maintenance costs are estimated between $8,000 and $11,000 per year. It was questioned why blank spaces are proposed between the lights. Mr. Baier said more light would provide a solid band and raise the cost. It was recommended the project be wired for the installation of additional lights in the future. Mr. Baier indicated that would be done. Wiring also would be provided for future lighting of the structure's West side. In answer to a question, Mr. Baier said the plan is similar to lighting proposed for the Memorial Causeway bridge replacement. A computer rendition of lights directed to the bridge's pilings was requested. In answer to a question, Mr. Baier said lights shining up toward the bridge would adversely affect turtles and cause problems for motorists. An alternative plan was requested. It was felt the proposal is not attractive. Consensus was for Mr. Baier to come back with alternatives for lighting the bridge within a $100,000 budget. CP CENTRAL PERMITTING (Cont'd from 12/07/95) Public Hearing & First Reading Ord. #5942-95 - Amending Sec. 35.11, to revise definition for "Delicatessen"; amending Secs. 40.383 & 40.403 to revise the unit number and floor area requirements for restaurants in Hotels/Motels; amending Secs. 41.071, 41.072 & 41.074 to provide for conditional use permits and accessory use designations for certain types of alcoholic beverage uses (LDCA 95-21) The City Commission requested staff bring forward recommended modifications to the alcoholic beverage regulations adopted in January 1995. Staff prepared an ordinance that addresses the following issues: 1) elimination of the "cap" on percentage of floor area considered as a conditional use by the Planning & Zoning Board. Current code requirements establish a relatively small percentage range the Planning & Zoning Board can consider to allow alcoholic beverage uses in certain types of uses (e.g., shopping centers and retail complexes). This has created considerable difficulties in processing applications for uses that exceed the "caps." The language provides stringent supplementary standards for approval for all uses exceeding the "cap"; 2) revisions to the definition of "delicatessen"; and 3) additional revisions in keeping with City Commission direction provided on January 4, 1996, addressing Planning & Zoning Board and property owner concerns. These changes will "mesh" City code with State requirements for 4-COP-S (hotel/motel) and 4-COP-SRX (large restaurant) alcoholic beverage licenses. On November 14, 1995, the Planning & Zoning Board unanimously recommended adoption of this ordinance. On January 9, 1996, they were advised of recent Commission direction but have not seen the specific language. Board members expressed satisfaction with the changes proposed. It was requested that the Planning & Zoning Board review the specific language. Public Hearing & First Reading Ord. #5956-95 - Amending Secs. 21.10 & 42.35 to provide for temporary storage of Recreational Vehicles for lodging purposes at the Harborview Center Some exhibitors at Harborview Center craft shows will want to temporarily "lodge" in their recreational vehicles for the duration of the craft show, typically two or three days. Staff determined such lodging, on the anticipated limited scale, creates no public safety or appearance concerns. Staff recommends approval. Prior to final adoption, the Harborview Center and City staffs will develop a parking management plan for these vehicles for City Commission approval. On January 9, 1996, the Planning & Zoning Board approved this ordinance with a number of changes that were included, and with the understanding that they would review and comment on the parking management plan prior to the City Commission's final adoption of the ordinance. Opposition to the recommendation was expressed. It was noted exhibitors and vendors come to the Harborview Center to make money. It was felt it is unfair to give special treatment to a small number of people when citizens are not afforded the same privileges. The cost of parking a recreational vehicle after merchandise is unloaded at the Harborview Center is a business expense. Central Permitting Director Scott Shuford said the management of the Harborview Center raised this issue. They indicated people want to stay in their recreational vehicles during shows. He estimated ten would be the maximum number of recreational vehicles parked at one show. He hoped to have guidelines drawn up shortly. He said the reason for the request was for the Harborview Center to provide a service other convention centers may not offer to help the center attract business. In answer to a question, Mr. Shuford said the City would not allow lodging in recreational vehicles parked at the Sheraton or other hotels with convention facilities in the City. Recreational vehicles are not permitted to park at other local convention centers. It was suggested that staff locate an alternative location for recreational vehicle owners. It was noted the City recently invested $12-million in the Harborview Center. Parking for recreational vehicles would not be on a visible site. It was felt this request would provide an advantage to the Harborview Center. It was suggested the Commission carefully consider recommendations made by Harborview Center management as they are focused on making the facility more salable and useable. It was suggested approval be for a trial basis only. Subsequent review could determine if the idea has merit. In answer to a question, it was indicated the City would not have to provide sewage and electrical facilities as recreational vehicles are self contained. Mr. Shuford noted the Harborview Center differs from other area convention centers as others do not attract arts and crafts' fairs. It was noted the City wants vendors to spend money here and not just take consumer money with them when they leave. Mr. Shuford indicated the closest recreational vehicle facility is in a park on Gulf-to-Bay Boulevard near the Courtney Campbell Causeway. It would be difficult for recreational vehicle owners to locate a place to park them. It was questioned if a downtown site for parking recreational vehicles could be located. It was suggested parking recreational vehicles by the Harborview Center be approved for a trial basis. It was felt a fee should be charged for this service. Mr. Shuford said a fee could be established outside the ordinance. Concern was expressed residents in Pierce 100 may object to looking down on recreational vehicles parked at the foot of City Hall. Variance(s) to Sign Regulations for property located at 500 Cleveland Street, Gould and Ewing's 1st Addition, Blk. 2, Lots 8 & 9 (Church of Scientology, SV96-01) The applicant is requesting a variance of one wall sign to allow four wall signs. The subject property, on the northeast corner of Cleveland Street and North Ft. Harrison Avenue, is zoned Urban Center Core. The variance is requested to permit the existing four wall signs to remain. An area of 48 square feet is allowed for attached signs in the Urban Center Core. A 50% bonus is available for properties with signs judged by the Downtown Sign Review Committee to create a positive image for this district. The Committee approved a 30.2% area bonus for this property to allow signs oriented to Cleveland Street with an area of 62.5 square feet. Three of the four signs on the front of the building are permitted by the City. The fourth sign, one of two, eye level, 15-square foot plaques at each end of the building, was installed without a permit. The property owner is requesting a variance to allow that plaque to remain. Staff feels existing conditions support variance approval. The building recently was refurbished and restored. The applicant indicates the placement of the four signs will complete the restoration effort. In support of that position, the applicant submitted an early photograph of the building that depicts similar signs on the building's front. Staff feels the signs reflect favorably upon the character of downtown Clearwater. The Downtown Sign Review Committee reviewed this building's signs and determined they create a positive image for downtown. Mr. Shuford said four signs are on the front of the building. In addition to the two plaques, a sign is at the top of the building and one is over the door. It was felt the signs are not historical because they have been changed from the original. It was suggested if the applicant wishes both plaques to remain, either the sign at the top of the building or the one over the door should be removed. It was questioned if the seal at the top of the building is identical to the one that originally graced the building. It was suggested that the plaque would be historical if "The Church of Scientology" was removed. Parking Space Utilization Agreements for Clearwater Beach Hoteliers and retailers use numerous parking spaces on Clearwater beach, partially or totally in City rights-of-way, for guests and customers. Since the spaces are partly or fully City-owned, business owners cannot restrict their use to customers or count these spaces for their parking requirements. The City Attorney's office developed a utilization agreement that allows City business owners to "reserve" parking spaces adjoining their properties for their exclusive use, with specific approval by the City. As proposed, the City would retain the right to discontinue the agreement at its unilateral discretion. In addition, the City assumes no liability for the "private" use of the spaces. Staff intends to execute these agreements only in cases where a "historical" joint public-private use and ownership of adjoining parking spaces exist. This agreement will not be used where adjoining parking is entirely publicly owned (i.e. downtown on Cleveland Street). Where use agreements are warranted, staff will use the City's standard right-of-way utilization agreement, with terms established on a case-by-case basis. Staff proposes a monthly $1 per space fee for spaces covered under individual agreements; the fee will offset agreement processing costs. A $25 one-time inspection fee also is proposed. Property owners will be responsible for marking and signing spaces, covered by agreements, to meet City Engineering design and safety standards. Staff feels this method of addressing this parking issue results in equitable treatment for all involved parties: 1) business owners will have parking rights "formalized"; 2) the public receives cost-based compensation for private use of these spaces and retains the right to discontinue the agreements if rights-of-way are needed for other purposes; and 3) staff can review requests for agreements on a case-by-case basis to resolve safety and other concerns. It was questioned if this needs to be done. The City Attorney said the purpose of the agreement is to allow business owners to tow vehicles from spaces they have viewed historically as their own. Concerns from some citizens that this may not be appropriate were noted. The City Manager said affected business owners will have to meet certain requirements. In answer to a question, the City Attorney indicated the agreement will be written so the City assumes no liability. Mr. Shuford said the agreement holder will be responsible for maintaining applicable parking spaces. The Commission recessed from 10:51 to 11:02 a.m. Vogel Development Agreement status According to City Commission direction, staff attempted to negotiate a development agreement for property adjacent to the proposed extension of Landmark Drive south of Enterprise Road. In her January 22, 1996 memorandum, the City Manager indicated staff was unable to negotiate a satisfactory development agreement in a timely fashion and acquire right- of-way along the proposed Landmark Drive extension. To expedite roadway construction, staff plans to work within the existing City-owned right-of-way between Enterprise Road and Marlo Boulevard. Eventual development of the Vogel property will require sewer service provided by the City. Annexation will be necessary and the property will have to adhere to City development requirements. The City intends to require the dedication of right-of-way along the west side of the Vogel property to allow for future improvement of Landmark Drive. In his January 26, 1996 letter, Marcus Vernon, attorney for James and Hazel Vogel, indicated his clients are prepared to dedicate the needed right-of-way for the Landmark Drive extension with City assurances regarding the development scheme of the property. The City Manager said she will report to the Commission on Thursday the outcome of the January 31, 1996, meeting scheduled with the Vogels' representative. She said staff members attending the meeting will include herself, the City Attorney, Assistant City Manager, Mr. Baier, Mr. Shuford and Senior Planner Lou Hilton. Lake Chautauqua Park/Landmark Drive Extension In October 1972, the City purchased Lake Chautauqua Park with matching funds from a LWCF (Land and Water Conservation Fund) grant. LWCF is a Federal program under the NPS (National Park Service) and is administered on a State level by the FDEP (Florida Department of Environmental Protection). The City agreed to develop the park in accord with approved plans: 1) overnight camping area (since removed); 2) picnic facilities; 3) water oriented activities; and 4) nature trails. Development did not occur because the City did not have an adequate public access road to the park. A September 29, 1986, letter from the Department of Natural Resources (now part of the DEP) reminded the City that LWCF regulations require the park to be developed and open to the public within five years of purchase. In 1995, the DEP conducted a compliance inspection of Florida parks that received LWCF grant funds. Their April 19, 1995, letter to the City indicated Lake Chautauqua Park was still undeveloped and if it is not developed and opened to the public, the NPS could designate the park as a "conversion." The City would have to provide and develop replacement property for public recreational use. DEP requested the City submit a development plan within 60 days and a time schedule for opening the park. The City's FY 1995/96 CIP budget contains funding to extend Landmark Drive south of Enterprise Road to the park. The City Commission approved the development plan of Lake Chautauqua Park and extension construction. Staff submitted a development plan and time schedule to the DEP for completion of Phase One. The DEP and NPS approved the plan and time schedule. Landmark Drive extension background: 1) In March 1960, Pinellas County obtained 33 feet of land for a public road, drainage and/or utility purposes only; 2) on October 7, 1974, the City Commission adopted the official thoroughfare plan as prepared by the Planning Department and Parking and Traffic Committee to extend Landmark Drive South from Enterprise Road to Gulf-to-Bay Boulevard; 3) in 1979, the developer of the Shady Oak Farms/Country Villas South Subdivision was required to reserve right-of-way for the Landmark Drive extension; 4) in 1986, the City Commission approved reservation of right-of-way from the Country Park Development for the Landmark Drive extension; 5) in 1989, the Landmark Drive extension was advertised as a Penny for Pinellas Project and listed in the brochure when the tax was approved; 6) in 1990, the City Commission approved a contract to prepare construction plans for the Landmark Drive extension to Union Street; 7) in 1991, plans were shelved until funding was included in the CIP budget; and 8) in October 1995, the City Commission approved the budget that contained CIP funding for the Landmark Drive extension from Enterprise Road to just north of Marlo Boulevard. Current plans do not include a Saber Drive connection to the Landmark Drive extension but do depict a connection to Marlo Boulevard. In response to concerns from citizens in and around the Marlo Boulevard neighborhood, Engineering has suggested options to address "cut through" traffic: 1) cul-de-sacing Marlo Boulevard at McMullen-Booth Road or 2) restricting ingress traffic from the Landmark Drive extension into the Marlo Boulevard neighborhood through raised tubular delineators or a raised separator down the center of the Landmark Drive extension. Traffic and circulation issues have not been finalized and await further input from the community and City Commission. Staff has reviewed alternative routes to the park. The City does not own right-of-way to construct a roadway to the park from Union Street. Condemnation would be required to acquire remaining land. The City does not own any parcels that could stand for the water treatment and mitigation site required by Federal and State law. Access from Union Street would not address Marlo residents' concerns regarding current and future access to McMullen-Booth Road. Over past years, residents have attempted to erect a signal at the intersection of McMullen-Booth Road and Marlo Boulevard but the signal does not meet appropriate warrants and was not approved by the County. The City Manager said the State is pushing for immediate resolution regarding the development of the park. She reported mixed reactions from property owners in the Marlo Boulevard and Country Park neighborhoods. The Homeowner Association of Northwood Estates has voted to support the Landmark Drive extension. It was questioned why the Landmark Drive extension is being proposed now when the City purchased the park land in 1972. The City Manager said if the park is not developed immediately, the City will have to build a park of similar size with similar amenities elsewhere. She said the development has been in the plans for years. A description of the LWCF grant was requested. It was noted the issue is the City's need to access the park. The City Manager said staff would determine if paying back the grant was an option. In answer to a question, Mr. Baier said the park land on the South side of Lake Chautauqua is too small to meet State requirements. The City Manager indicated the Landmark Drive extension concerns many citizens. Mr. Baier said access to the park could be via the Landmark Drive extension, Marlo Boulevard or Saber Drive. Residents have expressed concern regarding cut through traffic. At Enterprise Road, the Landmark Drive extension would have three lanes including a left turn lane. The road would narrow to two lanes where it passes the Vogel property. The extension would address flooding concerns just north of Enterprise by opening the channel and wetland area. The extension is expected to carry 150 vehicles daily to the park. One option to address cut through concerns expressed by Marlo Boulevard residents would be to cul-de-sac the road at McMullen-Booth Road. It was felt this configuration would make that neighborhood safe and residents would have a signal light at Enterprise. It was noted some residents want access at McMullen-Booth Road to remain open. Mr. Baier said a raised island or post can be built on Enterprise to prevent vehicles from entering the neighborhood from that direction. It was questioned what would prevent vehicles from driving down Marlo Boulevard off McMullen-Booth Road to access Landmark Drive. In answer to a question, Mr. Baier said if an island is installed, Marlo Boulevard area residents would have to drive to Enterprise to access the park in a vehicle. It was noted residents could walk to the park. Mr. Baier indicated plans to extend Landmark Drive to Union Street remain on the books. It was suggested staff educate Marlo Boulevard area residents regarding access options and then take a non-binding poll. It was recommended the City Commission visit the area. The difficulty of accessing McMullen-Booth Road off Marlo Boulevard was noted. It was felt a cul-de-sac at McMullen-Booth Road would be preferable. It was noted some Marlo Boulevard residents indicated added traffic would not bother them. Mr. Baier said many residents had second thoughts after signing that petition and called him expressing their concerns. The City Manager indicated the proposed Landmark Drive extension is the only solution to access the park without driving through a residential neighborhood. The extension has been on the map for decades. In answer to a question, Mr. Baier said there is a 47 foot setback to properties on the East and 7 feet to properties on the West. He said staff is working with one homeowner association to issue permits to plant vegetation in the right-of-way to buffer the neighborhood from the road. Mr. Shuford said property owners can fence their properties as long as they plant vegetation along the outside. The City Manager said the original plan was for a three-lane road and expressed concern that design could carry an enormous amount of traffic. She said the City did not want to build a road there that would carry that capacity. Mr. Baier estimated park traffic would be under 1,000 trips per day. In answer to a question, Mr. Baier said traffic on Landmark north of this area is down from 11,000 vehicles per day in 1989 to 6,000 to 7,000 per day currently. He said if Marlo and Saber are not connected to the extension, the road will only handle park traffic. If Marlo is connected, additional traffic is expected. If Marlo Boulevard is cul-de-saced at McMullen-Booth Road, only traffic from that subdivision and the park will use the extension. In answer to a question, Mr. Shuford said the size of the setback to the West depends on which roadway section is used. Mr. Baier indicated houses have been built West of the extension where the setback is between 7 and 14 feet. It was noted the extension has been on the map since 1960. Mr. Baier said everyone who purchased property backing up to this extension saw the right-of-way on their plans. He said some property owners indicated they had hoped the extension would never happen. It was noted the setback is to the property line, not to the residence. Mr. Baier said most of the houses are built at least 30 feet from the property line. In answer to a question, Mr. Baier said access to the park from Union Street was not possible because the City does not own enough right-of-way to build a road nor parcels that could stand for the water treatment and mitigation site required by Federal and State law. Mr. Baier said residents of Country Park are adamant they do not want their subdivision connected to the Landmark Drive extension via Saber Drive. Mr. Baier said the extension could be designed to include bicycle lanes. He indicated the road can be built with or without the Vogel property right-of-way. It was felt the road should be designed to permit bicycle traffic. It was noted all new City roads are built to accommodate bicycles. Roads are not so marked because bicyclists have indicated they do not want them marked. The City Manager said the extension currently is planned with lanes that will vary in width. Mr. Baier said the City must begin on the project immediately to meet deadlines. The City Manager said staff will discuss the development agreement and right-of-way with the Vogels on January 31, 1996. Mr. Baier said the Vogels will have to give up the right-of-way when they develop their property. Discussion with the Vogels has focused on the interior street circulation of the property. They are requesting 50-foot rights-of-way instead of standard 60 foot rights-of-way. He reiterated the timeliness issues regarding the development of the park. Mr. Shuford indicated access to the Vogel property will be via the Landmark Drive extension. He said they may have some agreement to access the property through the development to the North which is in the County and designated as office. Mr. Shuford said the Vogels have waited for the Landmark Drive extension to develop this property. A request was reiterated for staff to hold a neighborhood meeting to explain options regarding Marlo Boulevard access and then to poll the residents for a non-binding vote. Mr. Baier said staff will review access alternatives while the Landmark Drive extension is being constructed. CM ADMINISTRATION License Agreement with Alexandra of Clearwater Beach, Inc. re Pier 60 Concession Stand at Pier 60 Park on Clearwater beach Highlights of the 15-year License Agreement between the City and Alexandra of Clearwater beach, Inc. (Chandler): 1) City constructs building at its expense. Building includes all structural items, i.e., built-in cabinets, counters, etc. Alexandra provides all equipment, furniture, furnishings, etc. Alexandra provides all rental items, i.e., floats, cabanas, etc.; 2) Alexandra will pay City $100,000 per year in monthly installments of $8,334, plus a percentage ranging from 20% to 25% of gross sales (excluding rental income) above $750,000, plus a flat 50% of all rental income; 3) Alexandra will pay all taxes, utilities, and maintenance costs; 4) City may terminate if Alexandra is any one of the following - 5 days late with any payment, files bankruptcy, vacates or abandons the premises, understates sales by more than 3%, does not comply with Health Department rules or does not cure any default; 5) Alexandra will allow the area to be used as a public activity area including a Safe Zone for children, Jolley Trolley stop, City information dissemination point, parking permit issuance, and other civic promotions and entertainment activities; and 6) the City will provide storage space (per RFP language) for rental items used on the beach by allowing Alexandra to use the small (400 square foot) former life guard building at the South end of the Pier 60 parking lot. A separate agreement will be prepared for that purpose. It was indicated the City wants the ability to approve any assignment of the agreement to someone else. It was recommended a definition of inferior service be included. It was suggested language on page 6 of the contract, section 10, line 5 and 6 be clarified. It was recommended the word parking lot on page 18 should read parking lots. In answer to a question, the City Attorney agreed the language stipulating the City Manager has sole discretion automatically precludes the City Commission from having any say. OTHER CITY ATTORNEY ITEMS Requesting Arnold & Porter as outside counsel for cable negotiations In her January 16, 1996 memorandum, the City Attorney requested City Commission approval to continue using the law firm of Arnold & Porter as the City's outside counsel for cable franchise agreement. In addition to negotiations with Time Warner Entertainment-Advance/Newhouse, staff anticipates using the firm in cable franchise negotiations with GTE. The City Attorney indicated staff also wishes to continue using Rice Williams as technical consultants during negotiations with GTE. It was questioned if a RFP (Request for Proposals) must be issued before the City negotiates with GTE. The City Attorney said at this point, one is not needed. It was suggested future systems be digital friendly. The City Attorney said the City is not requiring that but is encouraging future systems provide new technologies. Information Management Director Jeff Harper said the contract includes a state-of-the-art clause. He noted digital technology currently does not work. Deputy City Manager Kathy Rice said the contract will require state-of-the-art technologies within a specific time period after development. The City Attorney indicated the City is limited regarding what it can mandate. Concern was expressed regarding GTE's commitment. Ms. Rice said GTE has been seeking a franchise aggressively . She indicated Congressional legislation may affect negotiations. It was noted GTE may have withdrawn from three of its four test markets. Ms. Rice said she would check that. City Manager Verbal Reports Marketing Plan Tourism Director Jean Sherry said to accompany the scheduled cable television advertising spots, staff has contacted a Chicago radio station and put together two vacation give-away packages for two for individuals and a business. Staff is working with Kiwi Airlines to be the host carrier partner. ATA also has expressed interest. Many people have been contacted, including Busch Gardens who is considering participation. She said a midwest marketing group also may be interested in investing in advertising Clearwater. Ms. Sherry said staff has secured two 800 numbers. Answering services have been interviewed and the field was narrowed to one Clearwater agency eager to work with the City. Regarding a permanent 800 number, Ms. Sherry indicated if 1-800-CLEARWATER does not become available, 1-888-CLEARWATER can be secured. The first proof for the Clearwater brochure has been approved. The City Manager indicated the brochure lists all hotel/motel properties in the City. The City's internet address is being developed. She said many different parts of the marketing plan are coming together. In answer to a question, Mr. Harper said the deadline for canceling the cable television advertising campaign is immediate but cancellation costs may be negotiable. Ms. Sherry reported the video advertisement cost $20,000. The remaining budget is being spent on the brochure, advertising spots, etc. It was suggested money targeted for the advertising campaign instead be spent on a giveaway of airline tickets to Clearwater. Concern was expressed the advertising campaign would not reach as large an audience as needed to increase tourism significantly. It was suggested an airline ticket giveaway campaign be considered for next year. It was felt such a campaign may produce $1-million worth of free publicity. Concern was expressed the City would be charged a penalty for canceling advertising spots. The City Manager suggested it would be appropriate to address next year's campaign during budget discussions. It was noted an airline ticket giveaway could be spread over ten markets. Staff was requested to report on penalty costs to cancel the planned cable television advertising campaign. The City Manager recommended staying the course for now as the community is already involved in this campaign. She suggested many different marketing methods could be introduced for next year's campaign. Grant for Camp Soule The City Manager referred to the recently awarded State grant requiring matching funds for the purchase of Camp Soule, currently owned by the Boy Scouts. She reported the deadline for requesting changes to the language is January 30, 1996, and indicated staff time will be committed to this issue. Additional information will be presented to the City Commission at the appropriate time. Suncoast Sailing Campaign The City Manager reported the Suncoast Sailing Campaign has requested funds from the City for their quest to compete in the 1996 Olympics. She noted the City has not donated funds in the past for similar requests. The City Commission will address this issue on Thursday. It was noted the recent proclamation noted the group's pride at not receiving Federal funds. The City Manager said the group trains out of the Clearwater Sailing Center. Ms. Rice noted team members are local residents. A recommendation from the Tourism Director was requested. Penny for Pinellas The City Manager referred to a recent letter from Pinellas County requesting a list of the City's proposed projects to be funded by extension of the Penny for Pinellas. The list will be presented to the City Commission on February 15, 1996, for approval. A list of completed and current projects and their value was requested. It was indicated it is crucial the public sees the meaningful projects this tax has supported. The City Manager said the City receives monthly funding from the County. Welcome Kiosk in the Harborview Center The City Manager noted interest in establishing a welcome kiosk inside the lower entrance to the Harborview Center to provide information to visitors. She suggested the position could be funded by contributions from Stein Mart and advertisers. It was noted the kiosk can distribute the Downtown Development Board's brochure listing downtown businesses. Concern was expressed access to Harborview Center offices is often locked during the day. In answer to a question, the City Manager indicated all current signage on the Harborview Center is legal. Staff is considering ways to identify the building as a City facility. The City Commission has given permission for staff to apply for a variance for a planned, free-standing marquee sign. The City Manager indicated a constantly changing sign is not permitted. Municipal Services Complex The City Manager noted in 1993, the City Commission determined the size of the Municipal Services Complex and the amount of space needed for each employee based on industry standards for workstations. The Commission had insisted on an open floor design. Staff had recommended and the City Commission agreed to adding space to allow 10% growth. The City Commission knew not all City employees would work in the Municipal Services Complex. The complex never was intended to be used for storage. At that time, a television station was not planned. The City Manager reported space needed for a television studio and traffic computer has been found. She noted complaints that the building is too small. She requested the Commission not be critical of the building at this point. She said space in the new complex will be used more efficiently. She noted the entire management team and City Commission concurred on the plan and design of the building. The City Commission never had recommended building a class A building. She recommended staff move in and see how the facility functions before the public, employees, and City Commission criticize the complex. The new building includes technology upgrades and represents a more efficient way of running government. Commission Discussion Items Commissioner Thomas’ memo of 12/19/95 re Economic Development In his December 19, 1995 memorandum, Commissioner Thomas referred to an anonymous complaint regarding property the City recently purchased on North Greenwood Avenue. He questioned if an investigation of the property's purchase was necessary and if someone got rich quick. The City Manager requested postponing this item until Economic Development Director Alan Ferri can be present to address this issue. He is out of town because of a death in his family. Commissioner Thomas expressed concern someone may have purchased property at a low price and sold it to the City for a large profit. Mayor Garvey requested staff research this issue and forward their findings to the City Commission via memorandum. Commissioner Thomas’ memo of 12/22/95 re Chamber(s) of Commerce In his December 22, 1995 memorandum, Commissioner Thomas referred to a meeting of the BTC (Beach Tourism Council) and Clearwater Greater Chamber of Commerce. He noted the BTC pledged $5,000 to the City's advertising campaign with CNN . He felt the Clearwater Greater Chamber of Commerce pledging nothing indicates their "total lack of support" of the City's efforts to improve tourism. He suggested the City recognize the new Clearwater Beach Chamber of Commerce instead. The Mayor noted the $5,000 contribution was made by the BTC, not the Clearwater Beach Chamber of Commerce. The City Manager felt it was appropriate the City join and pay dues to the Clearwater Beach Chamber of Commerce. Other Commission Action Commissioner Thomas referred to concerns expressed by David Campbell regarding copyrighting the City Code. The City Attorney said the City jointly owns the copyright with the service that codifies the Code, adds notes, etc. She said citizens are not limited in any way from accessing the Code. The City maintains control of the Code. Commissioner Johnson said he thought staff already had responded to this issue. Commissioner Thomas referred to his recommendation to start a Jolley Ferry. He felt the ferry should be a non-profit entity and urged Commissioner Berfield to discuss the issue with the Jolley Trolley Board. He said the ferry could break even by charging $0.50 per ride. The Mayor expressed concern the ferry not require a City subsidy. The City Manager recommended waiting until the dock issue is resolved before proceeding. Commissioner Berfield agreed nothing could be done until the dock issue is settled. Commissioner Johnson did not think a Jolley Ferry is necessary. Commissioner Thomas referred to the Mayor's recent letter to the FDOT (Florida Department of Transportation) regarding their proposal to change Drew Road (SR 590) to three lanes between Missouri Avenue and N. Ft. Harrison. He questioned if the letter expressed City Commission direction. Commissioner Johnson and Mayor Garvey said the Commission had been divided on the issue and the letter reflected Commission direction to not take a stand. This issue will be addressed at Thursday's meeting. Commissioner Clark reported the PSTA (Pinellas Suncoast Transit Authority) approved the Jolley Trolley's fare increase to $0.50 and approved their right to provide charter service. The Jolley Trolley's request to extend their lease was delayed until next month's meeting. Commissioner Clark questioned the status of the Countryside Recreation Center. Commissioner Berfield noted the PPC (Pinellas Planning Council) sent a letter regarding the City's right to an Administrative Hearing regarding the PPC's recent recommendation to deny the zoning change the City Commission approved for Mr. Meador's Bayview property on Gulf-to-Bay Boulevard. The City Attorney understood Mr. Meador will pursue the appeal. If he does not appeal, it is up to the City Commission to decide if they wish to appeal. This issue will be addressed on Thursday. Mr. Shuford recommended the City Commission establish a policy regarding this type of circumstance. The City Attorney said it does not make sense for the City to appeal a case on behalf of an owner who is not interested in appealing. Commissioner Johnson expressed concern the City not indicate they are backing down on the issue. The City Attorney said if a property owner is not interested in pursuing the matter, the City would not be interested either. Commissioner Johnson questioned if funds from an extension to the Penny for Pinellas could be used to replace the Memorial Causeway bridge. The City Manager said that is the case. Commissioner Johnson questioned how the percentages in the staff overtime report are calculated. The City Manager indicated department deadlines and overtime needs differ. Commissioner Johnson questioned if the charge for ballroom dancing will increase when the program is moved to the Harborview Center. The City Manager said the entry fee will remain the same. She reported the Parks & Recreation Department paid a fee to the City Hall Annex for all programs. A report is being prepared. Commissioner Johnson questioned if the "Saturday in the City" program had matched the City's contribution of up to $10,000. The Mayor said the City's contribution was not available to the program until the matching funds were in the bank. Commissioner Johnson questioned if the Town Meetings had been canceled. The City Manager indicated that was the case. Commissioner Johnson applauded the recent letter to Governor Chiles for his support of beach renourishment on Sand Key. Commissioner Johnson questioned if the City can address the vagrants who loiter around the Main Library. The City Attorney indicated the City's recourses are limited. The City cannot prevent people from sitting on park benches but can prevent aggressive begging, etc. She said a number of court cases have upheld the right of homeless people to use public libraries. Commissioner Johnson expressed concern regarding the destruction of City property. The City Attorney said people caught destroying City property will be charged. Commissioner Thomas recommended restricting access to the Main Library's restrooms by requiring patrons to obtain a key from the librarian. The Mayor noted access to public restroom facilities cannot be stopped. Commissioner Thomas said by creating another step in the chain, staff can discover who is damaging the restrooms. Adjourn The meeting adjourned at 1:09 p.m.