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03/04/1996 CITY COMMISSION WORK SESSION CITY OF CLEARWATER March 4, 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 - None. The Commission recessed from 9:00 to 9:08 a.m. to meet as the Pension Trustees. GAS SYSTEM Intergovernmental Agreement with FDEP to provide for assessment and, if needed, remediation of former Manufactured Gas Plant Site located at 400 N. Myrtle Avenue; authorize one time payment of $2,500 for cost and expense incurred by FDEP William Pence, of Akerman, Senterfitt & Eidson, represents the City in environmental matters concerning the MGP (Manufactured Gas Plant) site. Since 1992, Mr. Pence has assisted staffs of CGS (Clearwater Gas System); Environmental Management, Risk Management, and Legal in negotiating an Intergovernmental Agreement between the City and FDEP (Florida Department of Environmental Protection) and advised staff on work related to the MGP site. Since the discovery of an incinerator the City once operated on this site and two underground fuel tanks associated with the City garage, the FDEP broadened the project's scope and agreement. This change extended negotiations regarding the terms and conditions of the Intergovernmental Agreement. Environmental Consulting & Technology, the City's environmental consultants, also helped negotiate the agreement's final version which was finalized by FDEP and recommended by appropriate Department/Division heads. The one time payment of $2,500 will be recovered from gas customers under CGS' new Environmental Imposition Adjustment clause. In answer to a question, Managing Director Chuck Warrington said the agreement will allow the assessment study to proceed to identify cleanup requirements and estimate costs. The City is responsible for cleanup. In 1987, the EPA (Environmental Protection Agency) determined the site did not qualify for Superfund. In response to a question, it was explained, the environment adjustment clause is built into the rate, allowing CGS to pass environmental costs to their customers. This expense was not included in the rate as these costs could not be estimated ahead of time. Currently, the environmental adjustment costs $0.005 per therm, with the average customer paying $0.125 per month. Contract for residential gas meter change out to West Coast Plumbing, Palm Harbor, FL, for the period 03/07/96 -01/06/97, for an estimated $40,000 This contract will provide labor to change out approximately 1,000 gas meters this year as part of the City's ten-year schedule. Concern was expressed regarding the large monetary spread between the three bids. Mr. Warrington said the low bidder has worked with CGS during the last three years. HM HUMAN RELATIONS Purchase of hearing assistance system for Jack Russell Stadium & other facilities to Public Assembly Equipment Company, San Antonio, TX, for $29,961.95 ADA (Americans with Disabilities Act) requires assisting those with hearing impairments, when possible, in hearing or understanding audible communication. Amplification (assistive listening) devices work in conjunction with public address systems. ADA mandates making available assistive listening devices to a minimum of 4% of patrons at any public assembly, based on seating capacity. In December 1993, a citizen filed a complaint with the Justice Department alleging Jack Russell Stadium and Clearwater Marina were inaccessible to people with disabilities. The Justice Department and US Department of the Interior investigated and the City agreed to bring these facilities into compliance with ADA. Six base transmitter units and 285 receivers and headsets will be used at Jack Russell Stadium and other City facilities. Central Audio Visual of Ft. Lauderdale, FL, submitted the lowest bid but their product failed to meet specifications. Field tests at Jack Russell Stadium by staff and five hearing-impaired citizens evaluated the product and indicated the Phonic Ear Product is superior. The City's radio technicians reviewed the specifications and recommended the Phonic Ear Product. Human Relations Director Eleanor Breland said the signal will transmit from the sound system. The units can be used in other City facilities. Concern was expressed regarding the large number of units being purchased and alternative equipment offered by the hearing aid industry. Ms. Breland said the number of units to be purchased is the minimum allowed, based on the number of seats in Jack Russell Stadium. Research of local and national facilities indicated a preference for the Phonic Ear product. In answer to a suggestion, Ms. Breland said the City would have to pay fines if they challenge the law. Units are used a great deal in facilities where they are available. Consensus was for the Mayor to sign letters from the City Commission to Congress and the Justice Department to protest unreasonable ADA requirements. EN ENGINEERING Direction for negotiation of a land lease with the Clearwater Composite Squadron of the Civil Air Patrol for City owned property located within the Clearwater Airpark, a portion of Marymount Replat, part of Tract A, for a term of 25 to 30 years following City procedures to declare the parcel surplus, with 1st year annual rent of $1,425 and annual CPI adjustment thereafter The CAP (Civil Air Patrol) has one plane provided by the Air Force and 60 senior members who are "on call" by the Air Force and State for emergencies and search and rescue missions. The squadron flies weekend "Sundown Patrols" over the Gulf to locate boaters in distress and trains teenage cadets in ground crew operations and communication systems. The squadron is interested in leasing a 24,829 square foot parcel along the South side of Grand Avenue to construct a 50 X 80 foot hanger/meeting/training facility at an estimated cost between $200,000 and $250,000. The CAP would pay to remediate landfill underlying the proposed lease premises and all operational costs during the lease term, including taxes, maintenance and insurance. Action to negotiate the proposed lease, upon City Commission approval, would obligate a portion of Airpark property for 25 to 30 years. The City would own the building upon termination or buy the improvements if recaptured sooner. The City Manager said this site would not interfere with the Airpark's Master Plan. Engineering Director Rich Baier said the current FBO (Fixed Base Operator) will operate on a month to month basis after his lease expires in mid-March. The current operation cannot be automatically extended. Access will be via Grand and through the Airpark property. It was suggested to limit access to the Airpark property. It was suggested the City complete a study of the Airpark and golf course parcel to identify its financial impact on the community, consider the best use of the property, and identify the number of Clearwater residents who use the Airpark. It was felt a long term lease would destroy any chance for an alternate use for the parcel for 25 to 30 years. It was noted the Commission never has agreed to such a study. In answer to a question, Mr. Baier said the CAP was requesting a 25 - 30 year lease for a return on their investment in the building they plan to construct. He reported the Airpark operated in the black last year and maintains a waiting list for hangar space. The City Manager questioned if the City Commission wanted a study completed on the Airpark and golf course. It was felt an alternate use for the Airpark property did not need consideration. It was suggested a study would identify the size of the Airpark's economic impact on the City. It was noted several years ago the Airpark could not support itself as an enterprise fund and was returned to the general fund. Problems with the Airpark and neighborhood have calmed. The City Manager suggested the Commission review the Airpark along with a list of other topics after the new member(s) are seated following the March 12, 1996 election. Consensus was to pull this item from the March 7, 1996 agenda. Direction re Memorial Causeway Bridge In his February 12, 1996, letter to Pinellas County MPO (Metropolitan Planning Organization) Executive Director Brian Smith, Engineering Director Rich Baier indicated HDR Engineering had initiated the Memorial Causeway Bridge study. He recommended the City make a July or August public hearing presentation to the MPO after the pre-draft SEIR (State Environmental Impact Report) is complete. The SEIR will analyze impacts of alternatives under study. A March 13, 1996, overview presentation to the MPO is scheduled. The purpose of the presentation is to let elected officials and citizens know the study is underway and encourage public participation. Mr. Baier noted the Anna Maria Island bridge in Manatee County will not be built. Staff will request the State transfer funds earmarked for that project to the Memorial Causeway Bridge project. He said the funds would be difficult to obtain but suggested the effort is worthwhile. He will correspond with FDOT (Florida Department of Transportation) District Seven Secretary Bill McDaniel and District One Secretary David May regarding this issue. It was suggested staff contact State FDOT Secretary Watts. Mr. Baier said he will copy Secretary Watts with all correspondence. It was suggested the City Commission, City Manager, and City Attorney also write letters regarding this issue. Mr. Baier noted the money is in District One and the City is in District Seven. The FDOT has rated the Memorial Causeway as functionally obsolete but not in danger of collapse. Consensus was to write letters to the District Secretaries on behalf of the City Commission. Mr. Baier reported the contractor FDOT hired to perform maintenance work on the Memorial Causeway Bridge has filed for reorganization but plans to begin work May 1, 1996. Staff is working with FDOT to develop a maintenance of traffic plan. He said the bridge will not be accessible from Cleveland Street. Traffic will be unable to cross from Drew Street to Pierce Street. For approximately two months, the bridge will be completely closed during late night hours. Concern was expressed westbound vehicles on Drew Street would face difficulty in merging with traffic streaming off Pierce. Mr. Baier suggested closing bridge access from Drew Street when the bridge is restricted to two lanes and the signal is removed to allow for free-flowing traffic. Concern was expressed this bottleneck will kill the City. The City Manager said good signage will direct traffic during the bridge repair. It was suggested during repairs to limit bridge openings to every half hour only, seven-days a week. Mr. Baier said he will draft a letter asking to eliminate Drew Street access to the bridge and increase signage farther East on Drew, Cleveland and Court Street. The City Manager said staff will advise the beach hotels of the repair schedule. Mr. Baier indicated C-View TV will air a segment on this issue. Originally, the repairs were scheduled to take 360 days. He noted a substantial number of items were deleted from the original plan due to City plans to replace the bridge. He suggested the elimination of these repairs will shorten the project's length. Staff is working with FDOT to have a crane on site in case the bridge needs to be opened to vehicular traffic during an emergency. Fire and paramedic units will be stationed on the beach and backup units have been identified. A beach fueling site is available. In answer to a question, Mr. Baier said Clearwater can terminate the repair project if the City is willing to commit to constructing a new bridge. The State cannot transfer repair funds to new bridge construction. Concern was expressed bridge repair activities will severely disrupt City businesses. Mr. Baier estimated Clearwater would hear within a week if FDOT denies their request to transfer Anna Maria bridge funds to a new Memorial Causeway Bridge. The City Manager will prepare a one page report on the budget impact of the repair project. A request was made that a report also be prepared on the repair project's financial impact on beach businesses. This item will be agendaed for the March 21, 1996 City Commission meeting. SW SOLID WASTE Purchase of approximately 55 two-cubin, three-cubin & four-cubic yard aluminum front-end loading refuse containers from Boone Welding, Inc., Gainesville, FL, at a total estimated $38,850 The Solid Waste Department has recurring replacement requirements for front-end loading refuse containers. Since April 1993, staff has experimented with replacing a limited number of steel refuse containers with aluminum ones. Aluminum containers are twice as expensive as comparable steel units, but have been more durable, attractive, and require less maintenance. Aluminum containers are in place on Clearwater beach where steel containers deteriorate more rapidly. They also are located where Solid Waste or customers' employees must roll the container for dumping. Aluminum containers weigh approximately 65% less than steel and decrease risk of job injury and wear and tear on collection vehicles. It was questioned if the advantages justify the additional cost. Solid Waste Director Bob Brumback said the experiment is continuing. So far, aluminum containers have held up well, are more aesthetic than steel, and have resulted in fewer injuries. Rates do not differ for customers with different container types. The Commission recessed from 10:45 to 10:58 a.m. CP CENTRAL PERMITTING (Cont'd from 02/15/96) Public Hearing & First Reading Ords. #5974-96 & #5975-96 - Annexation & RS-6 Zoning for property located on the East side of Landmark Dr., Sec. 33-28-16, M&B 22.0111 (City / Richard Baier, A95-29) This City initiated annexation is for vacant land on the East side of Landmark Drive. The City purchased the property to use as a retention pond required as part of Landmark Drive improvements. This annexation will not involve any land use plan reclassification/ change. It is proposed to zone the property Single-Family Residential "Six" in keeping with the single family use of properties to the West. A retention pond is a utility facility that is a conditional use within the proposed zoning district. When the retention pond's preliminary design is completed, an application for conditional use utility facilities will be made. On February 20, 1996, the Planning & Zoning Board unanimously endorsed the annexation. Staff will verify regarding the recommended zoning. Central Permitting Director Scott Shuford agreed the lot is approximately the size of a single family lot. 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) Ms. Shuford requested continuing this item as staff is concerned the request may create an enclave. (Cont'd from 02/15/96) Variance(s) to Sign Regulations for property located at 2085 Gulf to Bay Blvd., Bamboo Sub. Replat, Lots 1 & 2; Sec. 13-29-15, M&B 42.01 & 41.04; and Bamboo Sub., Lots 2, 3, 8-12 (SDS Investments, Inc. / Carlisle Lincoln Mercury, SV96-02) The applicant is requesting area variances of 16, 12, 12, and 28 square feet for four directional signs. The subject property is zoned General Commercial, Multiple-Family Residential "Eight," and Single-Family Residential "Eight." The sign code allows directional signs up to four square feet in area, per sign. The property contains four nonconforming directional signs with areas of 20, 16, 16, and 32 square feet. The applicant requests variances to allow the signs to remain without reducing the sizes. Background on variance approvals for other local auto dealerships was requested. Staff will provide a summary of the three area dealers. Variance(s) to Sign Regulations for property located at 715 S. Gulfview Blvd., Bayside Shores, Blk D, Lots 1 & 2 together with accreted land to south (Lane Clearwater Limited Partnership / Holiday Inn Sunspree Resort, SV96-04) The property is zoned Resort Commercial 28. The applicant requests: 1) an area variance of 151 square feet from the permitted 37.5 square feet to allow an auxiliary sign structure with an area of 188.5 square feet and 2) a setback variance of five feet to allow an auxiliary sign zero feet from the South Gulfview Boulevard right-of-way. The variances are requested to allow the existing sign structure at the East driveway entrance to remain. The City did not issue a permit for the structure. Staff feels special circumstances support the requested area variance for the auxiliary sign structure: 1) the sign is low to the ground; 2) the sign structure and absence of a setback do not adversely affect the appearance of Clearwater beach; 3) the area of the sign structure affects traffic safety and aesthetics little different than fences or walls built close to the right-of-way, in many locations in the City; and 4) strict enforcement of the code would cause a hardship for the applicant that would be great in comparison to the public benefit. It was noted the variance requested is large. Mr. Shuford recommended the City Commission visit the site. A triple fee is recommended because the structure was erected without a permit. The recently built structure would have to be torn down to remedy the situation. Concern was expressed a sign company constructed the sign without a permit. It was recommended the sign company be held accountable. Public Hearing & First Reading Ord. #5963-96 - Amending Sec. 42.06, to provide for revised requirement for transfers of development rights (LDCA95-23) Staff identified the need to revise the City's TDR (transfer of development rights) regulations and approval procedures to reflect changes resulting from: 1) elimination of receipt and referral for most site plans and plats; 2) City goal to reduce regulation complexity; and 3) Citywide and Statewide focus on reducing urban sprawl and promoting infill development. This ordinance simplifies the City's review procedures while the City Commission maintains the right to grant or deny a TDR. It also clarifies the language of the existing TDR section, eliminating conflicting and unnecessary words. The Planning & Zoning Board and Development Code Adjustment Board unanimously recommended approval.. Mr. Shuford said the City Commission reserves the right to approve TDRs. It was requested that staff make a short presentation Thursday evening to explain to the public why this action is being taken. It was questioned if the City maintains better legal control over a situation by eliminating Receipt and Referral. The City Attorney indicated Receipt and Referral never bound the City Commission to any action. Its elimination has not changed the Commission's status. She said Receipt and Referral required the City Commission to take action before they had an opportunity to review it. 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) Staff felt the nonconformity section of the Land Development Code required clarification to avoid misunderstandings regarding changes of use of properties. Staff wants to ensure parking and landscaping standards are upgraded in conformance with applicable code sections whether or not nonconformities exist on the property. Additionally, during discussion of the Downtown Plan amendments, it was noted height is a nonconformity that potentially affects a land use's intensity. Since other existing intensity levels (FAR and density) are "grandfathered," it is logical to extend that privilege to height nonconformities and has been added to the ordinance. The Planning & Zoning Board and Development Code Adjustment Board unanimously recommended approval of this ordinance. The Planning & Zoning Board recommended a clarification; change "appraised value of the property" to "appraised value of improvements to the property." Staff agrees with this recommendation and incorporated it into the ordinance. Mr. Shuford said when a structure is improved, only the value of the building is considered, not the value of the land. In answer to a question, he said improvement to the land would be the addition of a driveway, for example. In answer to a question, Mr. Shuford said the replacement of a destroyed building must be in compliance with Code. The City has grandfathered density for some time. It was noted old lot sizes are affected because setbacks, etc. have been changed. Mr. Shuford said a building can be replaced within its original foot print. Public Hearing & First Reading 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 (Pinellas Planning Council) 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 Planning & Zoning Board approved the required conditional use permit to allow this use (6-1 vote), contingent upon Commission adoption of this ordinance. 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. The Planning & Zoning Board unanimously recommended approval of this ordinance. A letter of objection was received. Mr. Shuford noted many times these types of uses wish to locate in office parks. New concerns have been considered since this issue went through the Public Hearing process. The City thought they had followed the PPC advice and will review the issue with PPC staff between the first and second reading. He noted correspondence from one group objects to this use. In answer to a question, Mr. Shuford said this use was considered for traditional commercial areas which currently house retail sales, restaurants, etc. He said the proposed industry would be similar to a Lenscrafters and would not be noisy. The business will be subject to the City's noise ordinance. Concern was expressed that a line must be drawn as factory noise is long term and does not come in short bursts. It was felt the Planning & Zoning Board is sensitive to noise issues. Receipt/Referral - LDCA revising the density conversions for nursing homes and residential shelters and revising parking regulations for nursing homes, residential shelters and group care facilities (LDCA96-05) Staff identified a need to revise regulations for the density conversion for nursing homes and residential shelters. The new restrictions are consistent with the City's Comprehensive Land Use Plan in conjunction with the PPC's (Pinellas Planning Council) Countywide Rules. Staff also reviewed parking regulations for nursing homes, residential shelters and group care facilities, and proposes revisions to reflect actual need more closely. In answer to a question, Mr. Shuford said the City has discovered it is out of step with County regulations. He said parking problems at ACLFs would be addressed by making more restrictive rules. CM ADMINISTRATION Agreement with Florida Community Trust (FCT), an agency within the FDCA describing activities that will be conducted both prior to and subsequent to acquisition of (Boy Scout) Camp Soule A private local citizen group applied to the FCT (Florida Community Trust) for grant funds to purchase the Boy Scout property, Camp Soule. On February 8, 1996, the FCT approved the Camp Soule project and agreed to fund $1,419,625, half the $2,839,250 necessary to acquire the property. The application stated private and corporate charitable contributions would match the grant. The Conceptual Approval Agreement lists activities and conditions required before acquisition funds are disbursed. Final acceptance by both parties is contingent on the satisfactory resolution of several considerations, i.e., before the property is purchased, the FCT must approve a project management plan describing how the property will be used and managed. Staff understands the management plan will provide that the Boy Scouts operate the Camp Soule property, offering it to the public for group use only, at no expense to the City. It is noted the grant recipient "shall protect and improve the water quality in the lake," and is required to remove or mitigate known pollution sources. This requirement could become costly depending on the effect of area septic tanks. City Environmental staff believes the lake's pollution results from typical urban stormwater runoff and not from neighborhood septic tanks. If this is the case, the Alligator Creek stormwater management plan being prepared will address the proper program for pollution abatement and water quality improvements. If sanitary sewers must replace septic tanks at Camp Soule, the cost is estimated at $100,000. The cost of extending sanitary sewer lines to private residences surrounding Lake Chatauqua has not been determined but would be many times the cost of serving Camp Soule alone. If the Boy Scouts do not operate the camp or the operating mode changes, the City would be responsible for the Camp's annual operating and maintenance cost. Based on considerations to be addressed by the management plan, which has not been written, the Commission should view approval of this Conceptual Approval Agreement only as an indication of the City's desire to protect the property and a willingness to join in an arrangement that addresses that concern. The State, City and Boy Scouts then would draft a plan satisfactory to all parties. If the City Commission decides to proceed, research to establish cost estimates will begin. An outline of the Commission's position regarding the final agreement will be necessary for negotiating a final document. The City Manager said the agreement must be signed by the end of March. Concern was expressed the City Commission should not commit to anything at this point. The City Manager said the City would commit to some expenses but could back out at some point. In answer to a question, she said the Boy Scouts are willing to continue discussions regarding selling the property but have indicated control is a paramount issue. Concern was expressed taxpayers will finance something they will not control. The City Manager said the City would be the property owners and enter a long term lease agreement with the Boy Scouts. The Boy Scouts would open the camp to identifiable groups, not individuals. It was noted a similar arrangement was reached in Jacksonville, Florida. The City Attorney said the State finds the proposal attractive because it would provide public access to Lake Chatauqua. It was noted the City does not wish to run the camp. Lake Chatauqua Park will be open sun up to sun down while this camp sometimes operates 24 hours a day. Concern was expressed the proposal contains many unknown factors. It was felt taxpayers' money should not support a program controlled by someone else. It was noted many expenses have not been identified. It was suggested it is not proper to use taxpayer money to line the Boy Scout's pockets. It was stated the State is contributing $1.4-million and the City is establishing a management agreement with the Boy Scouts. It was noted several years ago the Boy Scouts indicated they desired sell the property and move. It was questioned what will stop the Boy Scouts from moving in the future. It was suggested the purchase could be funded with Parks & Recreation funds and $0.5-million from the Landmark Road extension fund by canceling that project. In answer to a question, the City Manager said the Boy Scout's responsibility to make improvements at Camp Soule will be included in the contract. It was recommended money donated to Camp Soule be set aside for that use and not be commingled in the Boy Scouts' general fund. The City Attorney said if an agreement is not reached, the City will owe nothing. She suggested naming the City Manager as the key contact. At this point, the private group needs City assistance. She estimated the approximate cost of preparing the plan, including a vegetative survey, will be $50,000. Assistant City Manager Bill Baker felt the City's Alligator Creek Stormwater plan will address a solution to Lake Chatauqua's pollution problem. He expressed concern language in the agreement does not seem reasonable as it implies the new owner of the Boy Scout property would be responsible for the lake's water quality even though other property owners surround the lake. The City Attorney said that issue will be addressed in the management plan. One caterer in Harborview Center The City established goals for the Harborview Center: 1) efficient operation; 2) minimizing the City's net cost; 3) safeguarding the City's Capital Investment; and 4) active solicitation, promotion and company promotion of events to maximize revenues to the City. In the Harborview Center budget, the City Commission included a banquet serving kitchen to be managed by GFS (Globe Facility Services, Inc.) for additional income. This concept, designed to maximize income and consolidate the alcoholic beverage license to one server, will meet State guidelines for serving alcoholic beverages on a regular basis. Ruth Eckerd Hall does not depend on catering for a large portion of their budget. Ruth Eckerd Hall holds their liquor license in the name of the facility and hires bartenders for each event. The Harborview Center is a convention facility, not a civic center. Quality, service reputation, profitability, and asset management are most important. A cost is involved each time the facility is used. Food service provides 35% of the facility's revenue. A small number of exceptions are allowed to accommodate charity needs. Quality food presentation and good food are important to a successful, profitable facility. Based on City goals and City Commission direction on January 2, 1996, GFS issued a RFP (Request for Proposal) for food and beverage services. Providers were solicited and notification of the process was advertised. The evaluation and interview process identified two firms as exceptional potential operators: 1) Boston Concession Group and 2) Delectables Catering. GFS recommends awarding the Food and Beverage Services to a joint venture of Boston Concession Group and Delectables Catering. These firms have agreed in principle and are completing details of a contract with the Harborview Center. The contract will be a management fee based agreement. The joint venture will receive a percentage fee based on gross receipts to provide an incentive for driving sales. As an incentive to manage the business efficiently and profitably, they will receive a percentage of Net Operating Profit and split fees equally. The joint venture has agreed to provide the necessary operating capital and a $100,000 interest free cash advance to purchase necessary banquet equipment which becomes City property. The advance is returned by installments from Harborview's food and beverage profits. The financial return to the City is projected above industry standards. The contract's term will be five years and will be brought for Commission approval at the March 21, 1996, City Commission meeting along with the request to approve application for the liquor license and transfer of this license to the chosen firm. Deputy City Manager Kathy Rice noted a single caterer will help achieve the goal of maximizing revenues. GFS President Mich Sauers said the review committee concluded two firms merited further discussion. The Boston Concession Group does an exceptional job in Dade County, etc., but does not operate in the Clearwater area. Delectables Catering is a local business with good chefs, a good background, and local marketing knowledge. The two firms have entered into an agreement and are able to begin their operation quickly. He said GFS retains much control. The joint venture will be paid a percentage of gross revenue. GFS will manage how the joint venture manages their operation. GFS General Manager Barry Strafacci said GFS will approve all food service prices and can be flexible to make deals to attract business to the Center. He said it is important to proceed with this issue quickly as the Center has struggled without a kitchen and liquor service has been a problem. The Boston Concession Group owns portable kitchens that can be used while the catering kitchen is being completed. Concern was expressed regarding limits on the number of events that can accept donated food. Mr. Sauers said the City Commission had agreed to five events per year. Mr. Stafacci said one such event had occurred and another one has been approved. He suggested the caterer can accept donated food for other events the City is involved with during slower mid-week periods. He said GFS will work to make events work. It was noted organizations have to pay a fee to run free events at the Center. Mr. Strafacci said GFS rents the space. Additional costs are related to provided services. It was questioned if the City receives a percentage off the top. Mr. Sauers said the caterer retains 8% of gross sales. It was felt the City should receive a percentage off the top as well as a percentage of the bottom line. Mr. Strafacci felt the City would make more money by receiving a percentage of the bottom line. It was requested that GFS provide a pro forma based on this method that clarifies cash flow. Mr. Sauers estimated the City will receive a return of 30%. In answer to a question, he said bidders included Orange Blossom, Bayside Caterers, Marriott, Swanson, the Boston Concession Group, and Delectables Catering. Marriott finished fourth. The City Attorney said a resolution will accompany the agreement to assign the City's liquor license to the joint venture. CA LEGAL DEPARTMENT First Reading Ordinances Ord. #6002-96 - requiring lobbyists to register and providing for annual reporting of expenditures Concern was expressed a corporation's CEO was not mentioned. The City Attorney said anyone acting on behalf of another would have to register as a lobbyist. She noted this ordinance is unusual as it includes consultants. City Manager Verbal Reports Update on Drew Street/US 19N Interchange Studies Mr. Baier reported FDOT has put a scope together for a consultant to look at several interchanges on US 19N in Clearwater for potential flyovers without ramps for egress/ingress: 1) Drew Street; 2) Sunset Point Road; and 3) Enterprise Road. According to FDOT plans, NE Coachman would remain an interchange. Mr. Baier expressed concern a flyover at Drew Street would increase Gulf-to-Bay Boulevard traffic to capacity. It was suggested four-lane intersections would be preferable. Concern was noted flyovers would affect East/West traffic flow and NE Coachman, a two lane road, could not handle increased traffic demands. Mr. Baier said the Drew Street intersection is scheduled for upgrading in 2001/02. It was recommended the City approach the MPO and FDOT to clarify which alternatives the City finds acceptable. Mr. Baier agreed the City going on record regarding acceptable alternatives may help the FDOT determine criteria. The City Manager noted the City Commission's recommendation for interchanges or major intersection improvement. Staff will develop minimal acceptable upgrades for the subject intersections for presentation to the MPO and FDOT. In answer to a question, Mr. Baier said DOT is working with a consultant, Wade Trim, regarding relining Alternate US 19. The City has not been notified of any advance plans. Tour of Marshall Street WPC Plant The City Manager noted a special community meeting is scheduled for the end of March. She suggested the City Commission may wish to tour the Marshall Street Plant prior to the meeting. It was noted other neighborhood concerns relate to parking. Mr. Baier said a design is being reviewed for a parking lot along Douglas Street to serve the Martin Luther King Center and nearby ballfield. Interested City Commissioners will schedule tours. Downtown Partnership Meeting The City Manager reported a request was made for a presentation of the Downtown Plan to the Downtown Partnership meeting on March 19, 1996. It was requested that the plan also be presented to the City Commission at the March 18, 1996 Work Session. Top Cop Racing Group The City Manager reported the non-profit Top Cop Racing Group requested Clearwater donate one of the City's surplus vehicles. She said the organization donates money to several charities. Consensus was to support the Top Cop Racing Group by donating one of the City's surplus vehicles to them. FLC (Florida League of Cities) Legislative Action Day The City Manager announced the FLC Legislative Action Day has been scheduled for April 10, 1996. She requested Commissioners interested in attending advise staff to arrange reservations. City Hall and Municipal Services Building Security The City Manager said a request will come forward at the next meeting regarding hiring Police Aids for security at City Hall and the Municipal Services building. It was suggested that visitors should sign in when visiting. In answer to a question, the City Manager said the request is based on concerns, not problems. As part of City Hall renovation, a kiosk will be constructed in the lobby to meet information and security needs. New Phone System The City Manager reported department phone numbers at the new building will change. All new numbers will be in the 562 exchange and 4000 series of numbers. CRA (Community Redevelopment Agency) Position The City Manager said staff is meeting with downtown interests regarding needs they wish this position to address. She said a support person may not be necessary as City staff may be able to handle that work. It was questioned if a CRA is essential. The City Manager said that will be re-evaluated. Ms. Rice said the CRA office currently is operating full time. Commission Discussion Items Chamber Sound System It was felt a problem exists with the sound system. A suggestion was made to install separate systems for C-View TV and the room. Information Management Director Jeff Harper agreed the systems need to be separate. A sound engineer will survey the chambers for sound requirements. It was suggested the TV sound system be installed immediately. Mr. Harper indicated other required upgrades include lighting, new cameras, etc. The City Manager said the sound engineer will provide a cost estimate. Plaza Park The Plaza Park neighborhood has requested the closure of some roads. Staff had recommended the roads stay open due to public safety concerns. Concern was expressed a park is in the center of Pennsylvania Avenue. It was noted some neighborhood streets already are blocked at North Greenwood Avenue. It was suggested that Pennsylvania Avenue be blocked and Vine Avenue become the through street. It was noted the Fire Department had recommended against that. Mr. Baier said he had addressed closing the streets with several City departments. The closeness of the houses and construction materials used require quick response. Businesses located north of the railroad tracks oppose closure. The average speed on Pennsylvania Avenue is below the posted speed. Due to the park, Mr. Baier felt it was prudent to lower the speed limit from 25 mph to 20 mph and enforce it. As a small component of trucks makes up the traffic composition, he recommended installing "No Truck" signs. He recommended against installing stop signs or closing Pennsylvania Avenue. It was noted many cars park on Vine Avenue and Pennsylvania Avenue is the logical entry road because it is wider. It was noted the Fire Department has no problem accessing subdivisions with limited access. It was agreed no justification for closing Pennsylvania Avenue exists. It was noted stop signs on Harn Boulevard have reduced traffic and it was suggested speed bumps could be installed in Plaza Park to slow neighborhood traffic. Mr. Baier expressed concerns speed bumps could be a liability issue. He said traffic studies have not turned up problems with speeding, volume, or traffic composition. He expressed concern closing Pennsylvania Avenue will transfer traffic to neighboring streets. Beach Swimming Pool Concern was expressed the City Commission had made a commitment to construct a new swimming pool on the beach. It was noted the swimming pool is included in the Capital Improvement Fund. Walker Ford It was noted the City Manager had not advised the City Commission the Police Department was reviewing the use of wrecker services just outside City limits. When one Commissioner asked the Police Department about these limits, she was advised the business had to be in the City. Concern was expressed the rules were changed when the Mayor requested similar information. The City Manager indicated including Walker Ford on the rotating wrecker list was a staff decision not based on City Commission approval. It was stated a motion to rescind the contract will be made on Thursday. The City Manager noted several other wrecker services just outside City limits also have been added and questioned if a recommendation was being made to rescind those contracts, also. She noted the rule indicating wrecker service businesses had to be within City limits was staff policy. The City Commission had no part in establishing the rule. Concern was expressed the Police Department changed their policy after a Commissioner phoned regarding this issue. It was felt a procedure should be followed if a similar situation occurs in the future. The City Manager said when the Police Department received a second call, they realized the issue was bigger than they had anticipated. Regret was expressed the issue had been brought up because of the political nature of expressed concerns. Drafting of Ordinance Banning Happy Hour in the City of Clearwater It was noted the County Commission will re-look at this issue. It was felt only one County Commissioner had indicated interest. It was questioned if the City Commission was interested in banning Happy Hour type events in the City. Concern was expressed patrons are inebriated when they leave Happy Hours and a recommendation was made for the City to ban Happy Hours scheduled immediately before closing. Agreement was expressed with banning Happy Hours but it was felt the ban would have to be County-wide to be effective. The City Attorney said a successful Wisconsin statute prohibits reducing the price of drinks at any time. It was suggested requiring food be served during Happy Hours. The City Attorney said Police Chief Klein has been asked to address the enforceability issue. It was recommended concerned citizens and the City support the issue and write the County requesting they address it. Other Commission Action Commissioner Johnson questioned if the City will bear any of the expense to reconstruct the Clearwater County Club greens. It was indicated that is not the case. Commissioner Johnson questioned if the site of the former City utility building is for sale. The City Manager said a small area is for sale. She will advise the City Commission should anything develop. Commissioner Thomas questioned if the retention pond is completed. Mr. Baker said the job is finished but the pond's size can be increased. Commissioner Johnson questioned if the City has taken any action regarding extension of the Penny for Pinellas. The City Manager said when it is seated, the new City Commission will review possible projects. Commissioner Johnson referred to a letter expressing concerns about the danger of crossing Gulf-to-Bay Boulevard near Bayview. It was indicated that issue has been referred to staff. Commissioner Berfield questioned if staff is working on replacing the sign in front of Clearwater Bagel. The City Attorney said when that sign was installed, the code allowed one free-standing sign. The sign request did not address the billboard which was in amortization and has since expired. Now, the Clearwater Bagel sign is destroyed and a permit is needed to replace it. As long as the nonconforming billboard remains, another free-standing sign is not permitted. The City is in discussion with the billboard owner, 3M, to remove their billboards on Gulf-to-Bay Boulevard. The agreement being discussed would have 3M removed ( of their signs immediately and the remainder within 3 years. Concern was expressed Clearwater Bagel should not be held hostage to billboard negotiations. It was suggested Clearwater Bagel be allowed to apply for a variance to replace its sign immediately. Mr. Shuford reported the sign variance has been submitted and will be presented to the City Commission on March 21, 1996. Mayor Garvey said Paint Your Heart Out Clearwater was successful and thanked the many volunteers. Adjourn The meeting adjourned at 1:33 p.m.