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03/04/1993 CITY COMMISSION MEETING March 4, 1993 The City Commission of the City of Clearwater met in regular session at City Hall, Thursday, March 4, 1993 at 6:00 p.m., with the following members present: Rita Garvey Mayor/Commissioner Richard Fitzgerald Vice-Mayor/Commissioner Sue A. Berfield Commissioner Arthur X. Deegan, II Commissioner Mayme W. Hodges Commissioner Also present: Michael J. Wright City Manager M.A. Galbraith, Jr. City Attorney William C. Baker Public Works Director James Polatty, Jr. Planning and Development Director Cynthia E. Goudeau City Clerk Mary K. Diana Assistant City Clerk The Mayor called the meeting to order and led the Pledge of Allegiance. The invocation was offered by Reverend Dennis MacAleer of the Trinity Presbyterian Church. In order to provide continuity for research, the items will be listed in agenda order although not necessarily discussed in that order. ITEM #3 - Service Awards No service awards were presented to City employees. ITEM #4 - Introductions and Awards - none. ITEM #5 - Presentations Alan Bomstein presented an annual report regarding Morton Plant Hospital's services and its future plans. ITEM #6 - Minutes of the Regular Meeting of February 18, 1993 and the Special Meeting of February 16, 1993 Commissioner Berfield moved to approve the minutes of the regular meeting of February 18, 1993, and the special meeting of February 16, 1993, as recorded and submitted in written summation by the City Clerk to each Commissioner. The motion was duly seconded and carried unanimously. ITEM #7 - Citizens to be heard re items not on the Agenda Fred Thomas questioned the maintenance of the Maas Brothers building and the condition of the building when it was purchased. It was reported the roof leaked when the building was purchased and that it has been maintained in a status quo condition. Peter Reuter stated the insurance committee is wrong by not considering a nutritional therapy component in the health insurance plan. Lee Regulski stated the Maas Brothers building was not in terrible condition when purchased. He felt the City was negligent in its maintenance of the building. Paul Polgar spoke supporting the Pinellas Trail route being along Prospect Avenue. Steve Saliga supported the investigation of the condition of the Maas Brothers building. Anne Garris requested something be done regarding the Maas Brothers building. Ed Mazur spoke in support of the Maas Brothers Task Force efforts. He stated all were given an opportunity to express their opinions and present their ideas. John Meek, Jr. stated the City is permitting the removal of trees in order to comply with the new sign code. He requested existing business signs be grandfathered. Carlton Ward, Clearwater Chamber of Commerce, requested consideration be given to the purchase of the Sun Bank building for a consolidated City Hall. Peter Reuter stated City Hall should not be expanded on the current site. He expressed concerns regarding heating and air conditioning in the Sun Bank building. Helen Nash expressed concern there had been no mention of the cost to remodel/refurbish the Sun Bank building for a consolidated City Hall. Bob Bickerstaffe stated, when he toured the Maas Brothers building, he did not see the problem related in the report. He felt the Maas Task Force did a good job. Bob Wright, Clearwater Coalition of Homeowners, stated there has been no mention that if the City purchases the Sun Bank building, $200,000 goes off the tax roll. Bob Clark complained regarding bus drivers not avoiding tree limbs and frightening passengers. He also complained regarding government's lack of accomplishment. David Ganzekaufer questioned the need to build a new City Hall. Dan Bushey requested the City consider getting an extension of the Mass Transit System from Tampa to the Beach. PUBLIC HEARINGS ITEM #8 - Public Hearing - Major Amendment to Office Planned Development (OPD) Final Site Plan of Belcher Sunset Center located at 1801-1876 N. Belcher Rd., Belcher Point Sub., to permit an additional one-story building and associated parking on Parcel A (Krivacs/Guilford)(PLD) The applicant is requesting authorization to revise the final site plan by adding a one-story 5,004 sq.ft. building to Parcel A, adding 23 parking spaces to Parcel A and amending the Landscaping Notes and Site Data Table to reflect the proposed changes to Parcel A. This item requires Development Review Committee (DRC) review and a public hearing before the Commission. The building coverage is proposed to be increased by 5,004 sq.ft. and the area for the parking lot and access is proposed to be increased by 6,748 sq.ft. The total extent of impervious coverage will be increased for the entire development by 3.2 percent, and the open space will be decreased by the same amount. On June 19, 1986, the Commission approved the final site plan for 70,310 sq.ft. If approved, this amendment would change the overall site floor area to a total of 75,818 sq.ft., as staff had administratively approved an amendment that added 504 sq.ft. prior to this request. There are no new points of access proposed for the property. With regard to concurrency management, the proposed 5,004 sq.ft. building will generate an additional 81 trips which is under de minimus (140 trips). It was noted the points of access are not being changed. Commissioner Berfield moved to approve amendments to the previously approved Office Planned Development final site plan for the subject property. The motion was duly seconded and carried unanimously. ITEM #9 - Public Hearing & First Reading Ord. #5332-93 - RS-8 Zoning for property located at 300 Venetian Dr., North Shore Park Sub., Blk 1, Lots 10, 11 and part of 9, approx. 0.84 acre (Owens/City Z92-10)(PLD) This is a City-initiated rezoning of an existing 12 unit apartment building and associated property from its existing RM-8 zoning district to an RS-8 zoning district. This property is within the area covered under the North Ft. Harrison/North Myrtle Avenue Zoning Study. This rezoning action is being taken pursuant to direction given to staff by the Commission in its initial approval of the study and its associated rezonings and land use plan amendments. On December 17, 1992, the Commission approved most of the N. Ft. Harrison/N. Myrtle Zoning Study. However, the Commission discussed the appropriate classification for the subject property. The Commission ultimately determined the staff proposal to place this property in a conforming multi-family zoning classification (RM-16) was an unacceptable "spot zoning" alternative. The Commission felt the property should be zoned the same as the surrounding properties, and did discuss the possibility of upwardly revising the zoning on Venetian Drive. However, the Commission determined that once a zoning pattern such as this was started, it would be difficult to resist future rezoning requests to higher density. At this point, the Commission felt the best approach would be to rezone this property to the RS-8 designation. The proposed rezoning would result in some potential problems for the property owner in that, should the property be damaged or destroyed in excess of 50% of its value, it could not be rebuilt as a multi-family development. Under the current RM-8 zoning designation, the owner could rebuild to existing densities, although all current setback, parking and other development requirements would need to be met. Under the RS-8 zoning designation, there could be no recovery of density since multiple family uses are not permitted. While the property would be able to have approximately 3 to 4 single family homes constructed on it, depending upon lot arrangement and layout, this would result in a significant diminution of density. However, the proposed rezoning would result in a consistent zoning pattern for the area, something that has considerable public benefit. It is appropriate to maintain the existing single family zoning pattern in this area in order to promote the broader public goal of neighborhood stability and to reflect the existing, established pattern of land uses. On February 16, 1993, the Planning and Zoning Board recommended denial of this request. The Board felt the subject property should not be rezoned to render it impossible for the owner to recover the existing density if the apartment building was damaged or destroyed. It was noted the Land Use Plan designation would be the same as surrounding properties. The Board also felt the property was large enough to be considered as a separate zoning district. Richard Owens, owner, gave the history of the property stating he purchased the property with an RM-8 zoning in 1985 and has invested considerable money. He said he would not have purchased the property if he knew he would be unable to rebuild if destroyed or damaged. He requested the Commission not downzone the property but to keep the current zoning. Discussion ensued in regard to leaving the property at its current zoning of RM-8 only while Mr. Owens owns the property. Concern was expressed in having one multi-family parcel in a neighborhood of single family parcels. It was noted there had been a great deal of discussion during consideration of the N. Ft. Harrison/N. Myrtle zoning study regarding this rezoning and the importance of preserving the integrity of the single family neighborhood. Mr. Owens said the property has gone through several rezonings. The proposed rezoning to single family will make the property difficult to sell and there will be no further incentive to improve the property. Commissioner Deegan moved to approve RS-8 zoning for the subject property. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #5332-93 for first reading and read it by title only. Commissioner Deegan moved to pass Ordinance #5332-93 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Fitzgerald, Berfield, Deegan, Hodges and Garvey. "Nays": None. ITEM #10 - (Cont. from 2/4/93) Variances to Sign Regulations for property (Dayton Andrews, Inc.) located at 2388 Gulf-to-Bay, Sec. 18-29-16, M&B 24.05 & 24.06, and Gulf to Bay Estates, Unit 3, Lots 594-597 (Massey Motors, Inc. SV92-26)(PLD) ITEM #11 - (Cont. from 2/4/93) Variances to Sign Regulations for property (Lokey Oldsmobile, Inc.) located at 2339 Gulf-to-Bay, Sec. 18-29-16, M&B 31.05, and Lokey F.B.C., Lot 2 (Lokey, McFarland, Flaws & Barnett Banks Trust Co. SV92-44)(PLD) The representative for the above two applicants requested by letter these applications be withdrawn. ITEM #12 - Public Hearing & First Reading Ord. #5348-93 - Vacating all rights-of-way & Easements lying within the area bounded by Cleveland St. on the N, Missouri Ave. on the E, Madison Ave. on the W and the S boundary being a line 150' N of Gould St. (City/East End V93-02)(PW) Commissioner Berfield moved to continue this item to the regularly scheduled Commission meeting of April 1, 1993. The motion was duly seconded and carried unanimously. Public Hearing - Second Reading Ordinances ITEM #13 - Ord. #5335-93 - Annexation for property located at 1601 Gentry St., Highland Pines 1st Addition, Blk 8, Lot 1, approx. 0.16 acres (Wexler A92-14) The City Attorney presented Ordinance #5335-93 for second reading and read it by title only. Commissioner Berfield moved to pass and adopt Ordinance #5335-93 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Fitzgerald, Berfield, Deegan, Hodges and Garvey. "Nays": None. ITEM #14 - Ord. #5336-93 - Land Use Plan Amendment to Low Density Residential for property located at 1601 Gentry St., Highland Pines 1st Addition, Blk 8, Lot 1, approx. 0.16 acres (Wexler LUP92-25) The City Attorney presented Ordinance #5336-93 for second reading and read it by title only. Commissioner Fitzgerald moved to pass and adopt Ordinance #5336-93 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Fitzgerald, Berfield, Deegan, Hodges and Garvey. "Nays": None. ITEM #15 - Ord. #5337-93 - RS-8 Zoning for property located at 1601 Gentry St., Highland Pines 1st Addition, Blk 8, Lot 1, approx. 0.16 acres (Wexler A92-14) The City Attorney presented Ordinance #5337-93 for second reading and read it by title only. Commissioner Hodges moved to pass and adopt Ordinance #5337-93 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Fitzgerald, Berfield, Deegan, Hodges and Garvey. "Nays": None. ITEM #16 - Ord. #5338-93 - Annexation for property located at 1351 Arcturus Ave., Hercules Industrial Park, part of Tract A, approx. 1.5 acres (Loulourgas A92-15) Commissioner Berfield announced she has a conflict of interest in Items #16, 17 and 18. The City Attorney presented Ordinance #5338-93 for second reading and read it by title only. Commissioner Fitzgerald moved to pass and adopt Ordinance #5338-93 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Fitzgerald, Deegan, Hodges and Garvey. "Nays": None. Abstained: Berfield. ITEM #17 - Ord. #5339-93 - Land Use Plan Amendment to Industrial for property located at 1351 Arcturus Ave., Hercules Industrial Park, part of Tract A, approx. 1.5 acres (Loulourgas LUP92-26) The City Attorney presented Ordinance #5339-93 for second reading and read it by title only. Commissioner Deegan moved to pass and adopt Ordinance #5339-93 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Fitzgerald, Deegan, Hodges and Garvey. "Nays": None. Abstained: Berfield. ITEM #18 - Ord. #5340-93 - IL Zoning for property located at 1351 Arcturus Ave., Hercules Industrial Park, part of Tract A, approx. 1.5 acres (Loulourgas A92-15) The City Attorney presented Ordinance #5340-93 for second reading and read it by title only. Commissioner Fitzgerald moved to pass and adopt Ordinance #5340-93 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Fitzgerald, Deegan, Hodges and Garvey. "Nays": None. Abstained: Berfield. ITEM #19 - Ord. #5341-93 - Annexation for property located at 308 N. Belcher Rd., Mosell Acres, part of Lots 7 & 8, approx. 0.20 acres (Maguire A92-13) The City Attorney presented Ordinance #5341-93 for second reading and read it by title only. Commissioner Berfield moved to pass and adopt Ordinance #5341-93 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Fitzgerald, Berfield, Deegan, Hodges and Garvey. "Nays": None. ITEM #20 - Ord. #5342-93 - Land Use Plan Amendment to Residential/Office and for property located at 308 N. Belcher Rd., Mosell Acres, part of Lots 7 & 8, approx. 0.20 acres (Maguire LUP92-24) The City Attorney presented Ordinance #5342-93 for second reading and read it by title only. Commissioner Hodges moved to pass and adopt Ordinance #5342-93 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Fitzgerald, Berfield, Deegan, Hodges and Garvey. "Nays": None. ITEM #21 - Ord. #5343-93 - OL Zoning for property located at 308 N. Belcher Rd., Mosell Acres, part of Lots 7 & 8, approx. 0.20 acres (Maguire A92-13) The City Attorney presented Ordinance #5343-93 for second reading and read it by title only. Commissioner Fitzgerald moved to pass and adopt Ordinance #5343-93 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Fitzgerald, Berfield, Deegan, Hodges and Garvey. "Nays": None. ITEM #22 - Ord. #5345-93 - First Quarter Operating Budget Amendments The City Attorney presented Ordinance #5345-93 for second reading and read it by title only. Commissioner Berfield moved to pass and adopt Ordinance #5345-93 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Fitzgerald, Berfield, Deegan, Hodges and Garvey. "Nays": None. ITEM #23 - Ord. #5346-93 - First Quarter CIP Budget Amendments The City Attorney presented Ordinance #5346-93 for second reading and read it by title only. Commissioner Fitzgerald moved to pass and adopt Ordinance #5346-93 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Fitzgerald, Berfield, Deegan, Hodges and Garvey. "Nays": None. ITEM #24 - Ord. #5347-93 - Relating to the Clearwater Downtown Development Board; amending Secs. 2.147 and 2.148 The City Attorney presented Ordinance #5347-93 for second reading and read it by title only. Commissioner Fitzgerald moved to amend Ordinance #5347-93 on page 1, in subsection (5), change "within 30 days of the vacancy" to "within 60 days of the vacancy." and on page 2, in subsection (4), change the following: Regular meetings may be canceled by the chairperson if in his or her judgement there is no necessity to have a meeting. to read: Regular meetings may be canceled by the chairperson if there is nothing on the agenda, or there is otherwise no necessity to have a meeting. The motion was duly seconded. Upon the vote being taken: Commissioners Fitzgerald, Berfield, Hodges and Mayor Garvey voted "Aye"; Commissioner Deegan voted "Nay". Motion carried. Commissioner Berfield moved to pass and adopt Ordinance #5347-93 as amended on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Fitzgerald, Berfield, Hodges and Garvey. "Nays": Deegan. Motion carried. CITY MANAGER REPORTS ITEM #25 - Jolley Trolley - Consider Continuation of Beach/Downtown Trolley Route The Commission has funded the free Clearwater Beach to Downtown Trolley on a trial basis for a period of six months, expiring on March 27, 1993. Unless further funding is appropriated, the service will stop on that date. PSTA statistics indicate ridership has continued to increase over the four months (10/92-1/93) but the negative impact on the regular PSTA Route 80 has also increased. The formal, organized "Artist Colony" funded by the Community Redevelopment Agency (CRA) and the Downtown Development Board (DDB) which was the initial impetus for the trial trolley route is no longer active. The ridership statistics do not indicate the number of passengers riding the full route, or the number exiting at the intermediate Island Estates stop. At the Commission's request, the (PSTA) Pinellas Suncoast Transit Authority Board voted on February 24, 1993 to postpone action on their staff's recommendation to terminate the downtown trolley pending the City's decision on the service. PSTA staff cites the Route 80 ridership impact and the impact of continuous usage on the vehicles in their recommendation to terminate the downtown trolley service. Roger Sweeney, of the PSTA, has indicated he needs a Commission decision no later than March 4 to allow the scheduled PSTA public hearing to continue the service. If the Commission decides to continue the Beach/Downtown service on a regular basis, the PSTA has requested approximately $2,000 per month additional compensation for lost revenues beyond the estimated $10,700 monthly cost. This would result in an annual cost of approximately $152,400. Funding for the continuation of the beach/downtown trolley route could be provided in a number of ways: Currently the Parking Fund pays for the regular beach trolley service, but because of the level of subsidy for other beach related services, the fund can not "afford" to pay this additional $152,400 annual cost; A nominal charge of $0.25 could be instituted for all trolley service. This charge for the 188,000 riders on the regular beach route and the estimated 90,000 riders that would use the beach/downtown trolley would generate approximately $69,500 annually to subsidize the service; or the service on the beach/downtown trolley could be modified to run as a seasonal route (only 6 months a year) reducing the budget impact. An additional alternative would be to terminate the beach/downtown service, but continue the same funding level to increase, perhaps almost doubling, the regular beach trolley service. This alternative would decrease the current peak use waiting times and would not impact the Route 80 service. Beach tourists/residents wanting to go to Island Estates would continue to have the Route 80 available to them. Steve Fowler, representing the Clearwater Chamber of Commerce, urged the Commission to continue the route. He noted ridership was up more on the beach/downtown trolley than it was down on Route 80. He was in favor of subsidizing PSTA for their loss or charging a fee. He requested the City look for a feasible solution. Shirley Cole, representing the Island Estates Civic Association, supported the continuation of the route stopping at both Publix and the Marine Science Center and requested not to charge a fee. She said the tourists and tenants on the beach appreciate the availability of a full shopping center. She requested the service be enhanced and expanded. Fred Thomas, representing the Clearwater Beach Association, suggested forming a private non-profit corporation consisting of beach community groups and other business associations to provide the current trolley services which could result in continuing these services at less expense than the PSTA. Bob Wright, representing the Clearwater Coalition of Homeowners, supported keeping the current service stating it benefits the beach and the downtown businesses. He did not feel that the $2,000 per month to continue the service was excessive. He asked the Commission to find money in the budget or to charge a fee. Twelve citizens spoke in support of continuing the beach to downtown trolley. They felt it served as a marketing agent for revitalizing downtown and added character to the beach. They felt the route could swing through the downtown and tie in with the Pinellas Trail. It provides a convenient way to get to the beach without the worry of parking. A public safety concern was cited in allowing independent groups to operate the trolley. It was indicated the intent of this service was to enhance the tourist industry. Support was shown for charging a fee and having a more direct route eliminating the use of a transfer. Suggestions were made for having a jingle contest for songs to be used on the trolley, shorter routes and fewer runs, using the access road along the causeway for faster service. Some concern was expressed that some areas on the beach were being bypassed and not getting any exposure from the trolley, such as Coronado Avenue. It was noted the trolley routes should be monitored as it was felt Coronado Avenue was supposed to be included in the route. Roger Sweeney, Executive Director of PSTA, said the six month trial period for the operation of the beach to downtown trolley service is nearing its deadline. He said Route 80 ridership is down and has resulted in loss revenue. If the service is expanded, one more trolley will be needed. He supported the trolley to Island Estates but not necessarily to downtown. He also supports expanding the beach trolley route north and south. He said the PSTA would be willing to lease the trolleys. He said the PSTA would be meeting on March 24th and he hoped the Commission would make a decision before then. If no decision is made, the service will stop. Discussion ensued in regard to a 6-9 month wait for getting additional trolleys and it was pointed out the Commission had previously requested a third trolley be obtained. Mr. Sweeney said no decision had been made to make the beach/downtown trolley route permanent and a decision would be necessary and a 10 percent commitment before a third trolley can be obtained. Mr. Sweeney said there could be an opportunity to purchase a trolley another city has ordered and is not going to use. Discussion ensued in regard to the need to buy an additional trolley only if service is expanded. In response to a question, it was indicated the cost for an additional trolley would be over $100,000. There was discussion regarding the difficulty in keeping a 30 minute schedule especially during tourist season. It was pointed out if the service is accelerated and expanded, more operational money would be needed. Discussion ensued in regard to allowing the PSTA to contract with an independent group to operate the trolley as long as the PSTA has control over all aspects of the operation. In response to a question, it was indicated Route 80 would continue to run and could connect with the jolley trolley service. A question was raised as to the current operational cost of the jolley trolley and Ms. Deptula estimated it to be $203,102 and estimated expansion of this service at $10,700. She felt coordination of the routes could lower costs. It was noted the downtown/beach route is costing $120,000. Discussion ensued in regard to defining what the trolley should do and how much is willing to be spent. It was felt the issue of whether or not to continue the beach/downtown trolley route should be decided before reaching a decision regarding an additional trolley. Commissioner Deegan moved to continue the Beach to Downtown Trolley with intermediate stops at the Marine Science Center and Island Estates Publix. The motion was duly seconded. Discussion continued in regard to various funding mechanisms such as a user fee or parking fund. It was indicated it would be difficult, if not impossible to provide free service to tourists only. Concern was expressed in using the parking fund as a funding mechanism as it is running at a deficit and in making a decision regarding continuing the route before knowing from where the funding is coming. There was discussion regarding the Downtown Development Board and the Community Redevelopment Agency picking up part of the cost. Commissioner Deegan amended his motion to approve a 90-day continuation of the existing beach to downtown trolley service. The seconder accepted the amendment. Upon the vote being taken, Commissioners Berfield, Fitzgerald and Deegan and Mayor Garvey voted "aye"; Commissioner Hodges voted "nay". Motion carried. Staff is to come back with recommendations regarding funding. Commissioner Berfield moved to authorize PSTA to proceed with the purchase of an additional trolley and to commit the City to 10 percent of the funding. The motion was duly seconded and upon the vote being taken, Commissioners Berfield and Deegan and Mayor Garvey voted "aye"; Commissioners Fitzgerald and Hodges voted "nay". Motion carried. Discussion ensued in regard to obtaining information on having a non-profit group take over the operation of the trolley and Mr. Sweeney said he would want to insure safe operation of the vehicles, appropriate licenses and trained drivers and the best financial deal for the city. In response to a question, Mr. Sweeney indicated the routes and scheduling would be the responsibility of the City; the PSTA would just facilitate the operation as long as and the Trolley did not compete with PSTA routes. The Commission is to discuss options for operation at the next work session. A request will be made for PSTA to work with the appropriate groups regarding the non-profit concept of operation. The meeting recessed from 9:20 p.m. to 9:37 p.m. ITEM #26 - City Hall Space Needs In response to a question, Deputy City Manager Kathy Rice stated it was never intended that the Traffic Engineering computer be located in the office building. She also stated it had been assumed the recycling operation would be housed in the Sanitation Complex. Discussion ensued regarding the GSA space standards which establish a target square footage of 125 square foot per person for primary space needs and it was felt this proposed plan is in line with these standards. Ms. Rice indicated she reviewed the figures and felt comfortable with them. It was noted these figures are far below those in the Willingham study. A letter has been received requesting reconsideration of purchasing the Sun Bank building for a consolidated City Hall. At a previous meeting regarding the City Hall project, discussion regarding the Sun Bank building had been tabled. Commissioner Fitzgerald moved to take from the table discussion on the Sun Bank building. The motion was duly seconded and upon the vote being taken, Commissioners Fitzgerald and Hodges and Mayor Garvey voted "aye"; Commissioners Berfield and Deegan voted "nay". Motion carried. Concern was expressed in budgeting $15 million to build a new City Hall when it was felt there was a viable alternative that cost less. It was felt the alleged problems with the Sun Bank building have not been identified and it was noted the building has survived a major wind storm with relatively little damage. It was noted a great deal of money has already been spent just for studies regarding the new City Hall project and it would be remiss not to look at less expensive alternatives. Commissioner Fitzgerald moved to make an offer $6.9 million to purchase the Sun Bank building, and if this offer is not accepted, to find out the alternatives. Motion died for lack of a second. Commissioner Hodges said she had just received information on the Sun Bank building and wanted time to review it before making any decision. Concern was expressed in approving the next phase of the project before all alternatives are considered. It was indicated all alternatives have been thoroughly reviewed. It was pointed out the building is undergoing a 5 year depreciation and $6.9 million was not considered to be the bottom line price. It was suggested it might be better to look at another building. Discussion ensued in regard to keeping the cost of the new building in the $10-15 million range and it was felt some of the figures could be scaled back before the next phase. Stewart Donnell, consultant, said a definite estimate for the building cannot be made until the next stage is completed. He indicated the dollar amount given so far is a conservative budget and is considered to be on the high side. Commissioner Deegan moved to approve the consultant study and proceed with the next phase of the project. The motion was seconded. In response to a question, it was indicated the time frame for the next phase is six weeks with several workshops scheduled as there is a need to shortlist the RFQs and develop design criteria. Upon the vote being taken, Commissioners Berfield and Deegan voted "aye"; Commissioners Fitzgerald and Hodges and Mayor Garvey voted "nay". Motion failed. Commissioner Hodges moved to continue this item to the next regularly scheduled meeting of March 18, 1993. The motion was duly seconded and carried unanimously. It was noted that this will extend the time frame for completion of the new building. CONSENT AGENDA (Items #27-37) - Approved as submitted. Bids & Contracts - Awarded. ITEM #27 - Contracts for the period 3/5/93-3/4/94 for purchase of gas meters & regulators to: Key Controls Inc., Tampa, FL, at an est. $18,130; Schlumberger Ind., Owenton, KY, at an est. $66,766; National Meter, Lancaster, OH, at an est. $954; Equipment Controls, Norcross, GA, at an est. $7,166.40 for a total est. $93,016.40 (GAS) ITEM #28 - Extension of contract with Maire Co., Clearwater, FL, for burglar and fire alarm service and monitoring, for the period 4/1/93-3/31/94, at an est. $17,940 (GS) ITEM #29 - Contract for roof replacement at Morningside Recreation Center to The Dean Company, Clearwater, FL, for $22,690 (GS) ITEM #30 - Contract for custom installation of 96 portable computer printers in police patrol vehicles to Law Enforcement Development Co., Clearwater, FL, for $14,400 (PD) ITEM #31 - Extension of contract with Rueter, Inc., Hopkins, MN, for purchase of approx. 2,300 - 90 gallon refuse containers, for the period 4/1/93-3/31/94, at an est. total of $126,400 and misc. spare parts for an est. total of $23,600, for an est. total of all for $150,000 (PW) ITEM #32 - Contract for Storm Improvement Project (Cleveland/Duncan to Aurora) to Suncoast Excavating, Inc., Ozona, FL, for $492,654 (PW) ITEM #33 - Contract for Harbor Oaks Curb Replacement to MTM Contractors, Inc., St. Petersburg, FL, for $209,100 (PW) Citizens & Staff Requests - Approved. ITEM #34 - Policy regarding entranceway signs and monuments in City rights-of-way with direction to staff to actively pursue adherence to the policy by owners of existing structures (PW) Receipt & Referral - Received and Referred. ITEM #35 - Annexation, Land Use Plan Amendment to Low Density Residential and RS-6 Zoning for property located at 1505 Winchester Rd., Hulett Estates, Lot 1, approx. 0.23 acre (Corkery A93-02, LUP93-04)(PLD) ITEM #36 - Annexation, Land Use Plan Amendment to Low Density Residential and RS-8 Zoning for property located at 1906 Ashland Dr., Citrus Heights Manor 1st Addition, part of Lots 45 & 46, approx. 0.18 acre (Foderingham A93-03, LUP93-05)(PLD) ITEM #37 - Annexation, Land Use Plan Amendment to Low Density Residential and RS-8 Zoning for property located at 1943 Old Coachman Rd., Sunset Point Estates, Blk A, Lot 8, approx. 0.13 acre (Cissell A92-16, LUP92-27)(PLD) Commissioner Berfield moved to approve the Consent Agenda as submitted and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. OTHER ITEMS ON CITY MANAGER REPORT ITEM #38 - Contract for Beach Access Improvements for the area from Bohenia Circle South to Juniper St., to Unicon, Dunedin, FL, for $43,676 (PR) In December of 1991, the City hired King Engineering Associates Inc. to design drawings for the beautification of street ends which lend themselves to landscaping efforts involving tree plantings, ground covers, boardwalks and benches from Bohenia Circle South to Juniper Street. On March 17, 1992, staff attended a meeting of the Clearwater Beach Association. The meeting was well attended and the plans prepared by King Engineering were unanimously accepted by the citizens. Several comments and concerns addressed at the meeting were included in the final plans. The objectives of the project include: 1) beautification and landscaping to make the street ends more attractive; 2) boardwalks to make the beach more accessible, especially by handicapped persons; 3) preservation of the view of the gulf from Eldorado Avenue; and 4) retention areas and improvements for handling of stormwater. The contract provides for the construction of boardwalks, concrete decks, retention areas, stormwater improvements, sidewalks and other necessary pertinencies. Additionally, items such as signs, bollards, bike racks, trash cans, 2 parking spaces and landscaping will be installed by city forces at an estimated cost of $31,500. Landscaping will include ground covers, palms and other native and xeriscape species that are suited for the site. Plans for these street ends have been reviewed and approved by the City's ADA Committee. Two of the six street ends (Aurel and Bohenia Circle North) have been designated as the primary disabled accesses. One disabled parking space will be constructed at each of these two street ends. At the present time, there is $63,575 in code 3317 (Beach Access Beautification) which is sufficient to provide funds ($31,753.50) for the portion of this contract that includes boardwalks, flatwork and viewing decks. The remaining $31,821.50 in this code will cover the cost of the improvements to be accomplished by City forces. Also, there is $1,211,590 in code 6103 (Stormwater Quality Improvement) which is sufficient to provide funds ($11,922.50) for the earthwork, drainage and retention portion of this contract. Parks & Recreation Director Ream Wilson discussed the proposal for beach access beautification and reviewed the objectives of this project. Concern was expressed regarding safety of the retention pond. Mr. Wilson stated the boardwalk railings will consist of 6 inch boards with 7 inch openings from beginning to end with all street ends being handicapped accessible. He reported water would only be in the pond after major rain events. In response to a question, Mr. Wilson said the project is being considered as there have been complaints of unsightly street ends and difficulty in maneuvering to the water. In response to questions, it was indicated four of the street ends have retention ponds and there was not enough wind at the street ends to cause a sand problem on the boardwalks. Commissioner Berfield moved to award a contract for beach access improvements from Bohenia Circle South to Juniper Street to Unicon of Dunedin for $43,676. The motion was duly seconded and carried unanimously. ITEM #39 - Agreement with Clearwater Bombers, Inc. re: Bombers use of Bomber Stadium for the period 3/5/93-3/5/98 (PR) The Clearwater Bombers have been playing their home games at Bomber Stadium for a number of years. On March 3, 1989, the City entered into an agreement with the "Clearwater Bomber Boosters, Inc." which had a five year term which would normally run to March 3, 1994. However, prior to the 1992 season, the City Attorney's Office discovered the "Clearwater Bomber Boosters, Inc." was a non-existent entity and that a new agreement was needed. Specifically, the new agreement should be with the new legal entity for the Bombers which is "Clearwater Bombers, Inc." The only differences of substance in the new agreement are: 1) The legal entity name; 2) a new paragraph 9 has been added to reflect the Bombers having rights to install advertising signs on the outfield fence of the stadium; and 3) an "annual" reporting requirement replaces a "final" reporting requirement in paragraph 13 (B). As a related item, funding for the Bombers was discussed at the Commission Worksession of November 2, 1992. The current budget for 1992/93 includes a City contribution of $10,000. Additionally, there was discussion about the City contributing an additional $1.00 for every $10.00 raised by the Bombers from the private sector up to a maximum of $10,000. However, a final decision was not made in this respect. In response to a question, Parks & Recreation Director Ream Wilson indicated the potential for matching funds was not part of the agreement. He said the City's contribution of $10,000 has been budgeted and approval of the agreement will allow for its disbursement. Commissioner Berfield moved to approve an agreement with Clearwater Bombers, Inc. for a five year term from March 5, 1993 through March 5, 1998 regarding the Bombers' use of Bomber Stadium. The motion was duly seconded and carried unanimously. Discussion ensued in regard to the one for ten match of corporate sponsors challenge. Mike Moore, representing the Bombers, said considerable money has already been raised from sponsors and he indicated he would be agreeable to accepting the challenge. It was pointed out the Bombers are under new management and money has already been budgeted for their support. It was felt the financial statement does not reflect additional items provided by the City which provide additional financial assistance. An opinion was expressed the matching fund concept was not favored as it was hoped the Bombers would get to a point where no governmental assistance is required. An opinion was expressed the challenge would help to make the Bombers self-sufficient. Mr. Moore said the Bombers are good publicity for the City of Clearwater and bring in tourist dollars. Commissioner Deegan moved to formalize the challenge for additional funding at a one for ten match of corporate sponsorship up to a maximum of $10,000 to be paid according to a routine procedure acceptable to the City Manager with the necessary budget amendments to be made at third quarter. The motion was duly seconded and upon the vote being taken, Commissioners Berfield, Deegan and Hodges and Mayor Garvey voted "aye"; Commissioner Fitzgerald voted "nay". Motion carried. ITEM #40 - Airport Authority - 1 appointment (CM) Commissioner Berfield moved to reappoint J. Marvin Guthrie. The motion was duly seconded and carried unanimously. ITEM #41 - Other Pending Matters The City Manager questioned if there was any direction to do anymore than keeping the Maas Brothers building status quo. No direction was given. He reported an ad would be running providing information regarding Penny for Pinellas funding of projects to the public. CITY ATTORNEY REPORTS ITEM #42 - Other City Attorney Items A. Ultimar Site Plan Modification Request The development of this property is subject to a site plan and other limitations contained in a settlement stipulation entered into in 1986, in a lawsuit brought by U.S. Steel in 1978. The developer is permitted to propose modifications to the site plan but may not violate the following requirements: (1) there is no increase in height; (2) setbacks are equal to or greater than those shown on the site plan; (3) there is no reduction in open area; (4) there is no increase in density; and (5) there is no reduction in view corridor. When a swimming pool was proposed several months ago, it was understood the issue was whether a swimming pool would be consistent with note 4 on the site plan which states that the view corridors "will exclude all structures, walls, fences and parking, but will allow passive recreational amenities, landscaping, pedestrian walkways, driveways and emergency vehicle access ways." The City Manager disapproved the swimming pool on the grounds that a swimming pool is a structure and would be an active recreational amenity, contrary to note 4. That decision was taken to the Commission on an appeal by the developer and was upheld on December 17, 1992. The developer has now requested approval of a modification of the site plan to allow an in-ground swimming pool in the clear view corridor. This presents a substantially different question than was presented in December. Modifications are allowed if they do not violate the five basic elements of the settlement stipulation relating to height, density, setbacks and whether there is a "reduction" in open space and the view corridor. Approval of the in-ground, grade-level pool as a modification to the site plan is recommended, because an in-ground swimming pool will cause no increase in height, will reduce no setbacks shown on the site plan, will not reduce the open area, will not increase the density and will not reduce the view corridor. Ed Armstrong, representing the developer, said the property is governed by a 1986 settlement stipulation. He stated the previous discussion regarding the pool not meeting the stipulation in Note 4 was not the appropriate analysis. He reiterated that paragraph 14 allows revision of the site plan as long as it meets the previously outlined criteria. He said the in-ground pool will not impact the view corridor; there will be no increase in height or density. Mr. Armstrong explained the revised site plan with amended schematics to show the pool in the view corridor with accompanying notes. Commissioner Berfield moved to approve allowing an in-ground, grade-level swimming pool in the view corridor as a modification to the site plan, because an in-ground swimming pool will cause no increase in height, will reduce no setbacks shown on the plan, will not reduce the open area, will not increase density and will not reduce the view corridor, and to make the needed modifications to Note 4 of the site plan. The motion was duly seconded and carried unanimously. ITEM #43 - City Manager Verbal Reports A. Canvassing Board Meeting Time Consensus was to meet at noon on March 10, 1993 to canvass the election returns from the March 9, 1993 general election. ITEM #44 - Other Commission Action Commissioner Deegan expressed concern regarding a newspaper article that indicated the police are allowing eleven miles over the speed limit prior to ticketing. He requested stricter enforcement ITEM #45 - Adjournment The meeting adjourned at 11:00 p.m.