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02/17/1994 CITY COMMISSION MEETING February 17, 1994 The City Commission of the City of Clearwater met in regular session at City Hall, Thursday, February 17, 1994 at 6:00 p.m., with the following members present: Rita Garvey Mayor/Commissioner Arthur X. Deegan, II Vice-Mayor/Commissioner Richard Fitzgerald Commissioner Sue A. Berfield Commissioner Fred A. Thomas Commissioner Also present: Elizabeth M. Deptula Interim City Manager M.A. Galbraith, Jr. City Attorney Peter J. Yauch Acting Public Works Director Scott Shuford Central Permitting Director Cynthia E. Goudeau City Clerk The Mayor called the meeting to order and led the Pledge of Allegiance. The invocation was offered by Pastor David Smith of Faith United Church of Christ. 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 Phil Janocha, Public Works Department; Thelma McCann, Parks and Recreation Department; and Robert Craft, Marine Department, were presented with retirement gifts. ITEM #4 - Introductions and Awards The Mayor's Award in recognition of citizens' volunteer service in City programs was presented to Charles and Winifred Oliver. The City Commission Award in recognition of city employees' volunteer service to the community presented to Larry and Linda Hamrell. The Mayor thanked and congratulated all City volunteers. ITEM #5 - Presentations - None. ITEM #6 - Approval of Minutes Commissioner Berfield pointed out on page 11, a motion she withdrew was not included and on page 43, first paragraph, the word "six" at the beginning of the third line should be deleted and the first word on the fourth line "consideration" should be deleted. Commissioner Fitzgerald stated, on page 35, fifth paragraph, fourth sentence, "City" should be "Commission". Commissioner Fitzgerald moved to approve the minutes of the regular meeting of December 16, 1993, as corrected. The motion was duly seconded and carried unanimously. ITEM #7 - Citizens to be heard re items not on the Agenda Jim Thornton, on behalf on the Country Club Addition Subdivision, expressed opposition to widening of Drew Street. A petition was submitted. Jacob Ghuria expressed concern regarding having to pay full alcoholic beverage variance fees when selling sacramental wine. Cheryl Gater spoke in opposition to locating the Homeless Shelter across from her residence at 706 Osceola Avenue. Beth Schramek expressed concerns regarding the sign code, stating that small businesses are being hurt. She stated the code is confusing and many people in Central Permitting do not understand the code. Daniel Cockerham spoke in opposition to the Homeless Shelter being located behind his business, Clearwater Florist. PUBLIC HEARINGS ITEM #8 - Public Hearing & First Reading Ords. #5538-94, #5539-94 & #5540-94 - Annexation, Land Use Plan Amendment to Residential Low and RS-6 Zoning for property located at 407 Dora Dr., Rolling Heights Sub., Lot 16, 0.21 acres m.o.l. (Callaghan, A93-28, LUP93-40)(CP) The subject property is located on the east side of Dora Drive, approximately 2,550 feet east of Belcher Road and 870 feet north of Drew Street, where Lorena Lane intersects Dora Drive. The applicants wish to annex to obtain City sewer service. The Countryside Future Land Use Plan category for the applicants' property is Residential Low. The lots in Rolling Heights which are in the City are assigned RS-6 zoning. It is proposed to assign the applicants' property the same future land use category as on the Countywide Plan, Residential Low, and RS-6 zoning. On February 1, 1994, the Planning and Zoning Board endorsed this request. Commissioner Fitzgerald moved to approve annexation, a land use plan amendment to Residential Low and RS-6 zoning for the subject property. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #5538-94 for first reading and read it by title only. Commissioner Thomas moved to pass Ordinance #5538-94 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey. "Nays": None. The City Attorney presented Ordinance #5539-94 for first reading and read it by title only. Commissioner Fitzgerald moved to pass Ordinance #5539-94 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey. "Nays": None. The City Attorney presented Ordinance #5540-94 for first reading and read it by title only. Commissioner Deegan moved to pass Ordinance #5540-94 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey. "Nays": None. ITEM #9 - Alcoholic Beverage Separation Distance Variances for property (Sukhothai Restaurant) located at 2569 Countryside Blvd., Suite #3, Countryside Village Square, Lot 5 and Lots 7 & 8 less road r-o-w (HRE Properties, AB94-03)(CP) This is a request for two variances: a variance of 200 feet to permit a new 2-COP license to be located zero feet from a similarly licensed establishment, and a variance of 160 feet to permit a new 2-COP license to be located 140 feet from a residential zone. The proposed restaurant is located at the Countryside Village Square Shopping Center. The applicant proposes to open a Thai family restaurant to be named "Sukhothai Restaurant" and would like to serve beer and/or wine to compliment the menu. The proposed restaurant will occupy 3,707 square feet at the existing Countryside Village Square shopping center. The applicant proposes to provide a capacity of 100 seats (determined by the City Fire Marshal), with hours of operation from 11:00 a.m. to 11:00 p.m. daily. No additional parking facilities are needed, as the shopping center contains enough parking for the entire center. The applicant does not propose to provide entertainment at the restaurant. Under the proposed changes to the alcoholic beverage regulations currently under consideration by the Commission, this use would be a permitted use. The gross floor area devoted to alcoholic beverage sales within the shopping center, including the Albertson's Food Store, is approximately seven percent of the total gross floor area. On February 1, 1994, the Planning and Zoning Board approved the conditional use permit for the 2-COP alcoholic beverage license with the following conditions: 1) the applicant shall obtain the necessary alcoholic beverage separation variances from the Commission; 2) the sale of alcoholic beverages shall be limited to consumption on premises with no package sales; 3) the applicant shall obtain the necessary occupational license within six months of the date of this public hearing; 4) the applicant shall obtain the requisite building permit within six months of the date of this public hearing; and 5) there shall be no outdoor speakers. There are six alcoholic beverage licenses/establishments within 300 feet of the proposed use. Staff has determined there is not an overconcentration situation at this location since the uses are primarily package sales uses accessory to a principle commercial operation, such as a grocery store or a gift shop. In response to a question from Commissioner Berfield, it was indicated there would be no outdoor seating. Commissioner Thomas moved to approve a variance of 200 feet to allow a new 2-COP license to be located zero feet from a similarly licensed establishment and a variance of 160 feet to allow a new 2-COP license to be located 140 feet from a residential zone for the subject property. The motion was duly seconded and carried unanimously. ITEM #10 - Alcoholic Beverage Separation Distance Variance for property (First National Bar) located at 601 Cleveland St., Gould and Ewings 2nd Addition, Blk 13, Lots 1-4 and vacated alley and unsubdivided land to east (Atrium at Clearwater Ltd, AB94-04)(CP) This is a request to permit the sale of alcoholic beverages (liquor/beer/wine - 4-COP) for on-premise consumption to be located 58.7 feet from a similarly licensed establishment. The request emanates from a change in business ownership and the desire of the applicant to expand the existing establishment (known as "The First National Bar") to include kitchen facilities. The applicant proposes to expand the existing 1,300 square feet drinking establishment into a 2,755 square feet restaurant/bar operation, with piano music, jazz acts, and other musical entertainment. The expansion includes an increase in indoor seating from 63 to 93 seats. The applicant also proposes to include 25 outdoor seats, for a total of 118 seats. The proposed hours of operation are 10:00 a.m. to 1:00 a.m. On-street and off-street public metered parking and the Park Street Parking Garage facility are available to accommodate required parking. The establishment has been in business in the same location as a tavern establishment since 1987. Under the proposed changes to the alcoholic beverage regulations currently under consideration by the Commission, this use would be a conditional use, as it does not appear to meet the definition of a "restaurant" use due to lounge and entertainment areas exceeding 15 percent of the gross floor area. On February 1, 1994, the Planning and Zoning Board approved this request subject to the following conditions: 1) the applicant shall receive approval of an alcoholic beverage distance separation variance; 2) the applicant shall obtain the requisite building permit within one year from the date of this public hearing; 3) the applicant shall obtain an occupational license within one year from the date of this public hearing; 4) alcoholic beverage sales shall be restricted to consumption on premises with no package sales; 5) proposed entertainment shall be located indoors; 6) outdoor seating shall be limited to the requested capacity of 25 seats; and 7) the applicant shall pass the requisite police background check prior to the issuance of an occupational license or building permit. Harry Cline, attorney representing the applicant, stated they are doubling the size of the facility, will have a full size bar and will be the exclusive food service for the building. He indicated all entertainment will be inside the facility. Commissioner Fitzgerald questioned the location of the outdoor seating. Attorney Cline indicated it would be in the recess on the Cleveland Street side. Commissioner Fitzgerald moved to approve a variance of 141.3 feet to allow alcoholic beverage sales 58.7 feet from a similarly licensed establishment for the subject property. The motion was duly seconded and carried unanimously. Public Hearing - Second Reading Ordinances ITEM #11 - (Cont. from 2/3/94) Ord. #5512-94 - Amending Sec. 42.34 to prohibit parking, displaying or storing of motor vehicles on grass or unpaved areas zoned for multiple family or nonresidential use unless approved as a grass parking lot (LDCA 93-19) The City Attorney presented Ordinance #5512-94 for second reading and read it by title only. Commissioner Thomas moved to pass and adopt Ordinance #5512-94 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey. "Nays": None. ITEM #12 - Ord. #5518-94 - Relating to recreation land and facilities impact fee; amending Sec. 54.22 to provide for exemption of residential development with fewer than 8 dwelling units The City Attorney presented Ordinance #5518-94 for second reading and read it by title only. Commissioner Deegan moved to pass and adopt Ordinance #5518-94 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey. "Nays": None. ITEM #13 - Ord. #5519-94 - Relating to solid waste collection services; amending Sec. 32.373 to provide service for properties being annexed by city The City Attorney presented Ordinance #5519-94 for second reading and read it by title only. Commissioner Fitzgerald moved to pass and adopt Ordinance #5519-94 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey. "Nays": None. ITEM #14 - Ord. #5521-94 - Relating to land development code; amending Sec. 44.51, to provide for increased area for attached signs in residential areas The City Attorney presented Ordinance #5521-94 for second reading and read it by title only. Commissioner Berfield moved to pass and adopt Ordinance #5521-94 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey. "Nays": None. ITEM #15 - Ord. #5543-94 - Relating to public nudity; creating Sec. 21.13 to prohibit public nudity The City Attorney presented Ordinance #5543-94 for second reading and read it by title only. Rob Surette, Assistant City Attorney indicated a proposed amendment had been faxed to the Commission. This amendment would exclude persons appearing nude for legitimate instructional purposes from being considered in violation of this ordinance. He also reported the State legislature is considering a bill that would prohibit public nudity statewide. He reviewed two portions of the ordinance regarding exemptions stating that not all public nudity would be unlawful and he gave an example of a stage play where the nudity is incidental. He also stated that nudity is protected by the first amendment only when it is combined with expressive conduct. Commissioner Fitzgerald raised a question regarding whether the City's ordinance is redefining nudity beyond what has been tested in court. Mr. Surette responded that we are "pushing the envelope." Mr. Surette noted the effective date of the State bill, should it become law, will be July 1, 1994. He stated the Commission could make the City's ordinance effective the same date in order to dove tail with the state statute. He indicated that a violation of the state statute would be a first degree misdemeanor, punishable by up to one year in jail and a $1,000 fine. Mayor Garvey noted it would be easier to enforce the law if it had statewide application. Commissioner Fitzgerald questioned the penalty for violation of the City ordinance. Mr. Surette responded it would be up to 60 days in jail and a $500 fine. Ralph Lusher spoke in support of the ordinance citing examples of what he considered to be offensive behaviors. He stated people should not be subjected to these behaviors in public. Sid Tolson spoke in opposition stating he comes down for the winter, with children and grandchildren, and they have no objection to the T-back bathing suits on the beach. He questioned whether or not the ban would include the postcards with T-backs. Bruce McCoy spoke in support stating these laws are passed by the Commission who are empowered by the people. He stated it is time to realize right and wrong and to clean up the City. Keith Estess spoke in support stating the T-back wearers do not have the right to infringe on others' rights. Kim Booher stated a 1991 Supreme Court Ruling found public nudity to be unlawful and included exposure of the buttocks. She did not believe tourism would be affected. She stated no one is asking to regulate how one dresses in public but how they undress. She stated the St. John's County ordinance has been challenged and upheld three times. Jean Kupstas stated T-backs are not inappropriate on the beach. She noted this type of apparel is not prohibited in Europe. Mike Frangedis stated he agreed T-backs should not be allowed on the streets or mainland but there is no problem with them on the beach. He stated there is a difference between nudity and skimpy fashion bathing suits. He stated cleaning up dirty night clubs does not relate to attire on the beach. He stated this will be restricting european tourists as they are accustomed to wearing this attire. Addie Anderson spoke in support, stating that Clearwater can be a shining light of morality. She did not feel it was important that money or tourists may be lost. She indicated her trips to the beach were restricted due to the T-backs being allowed there. Pastor Panico, associate pastor of Countryside Christian Center, stated he was appalled at the direction the City was going and that the out cropping of dance clubs is not what Clearwater is about. He stated it is the difference between right and wrong and the City needs to make a stand for what is right. He stated if the case goes to court, the citizens will stand behind the Commission. Susie Conrad, also of the Countryside Christian Center, stated she is now afraid to take her family to the beach and asked the ordinance be passed. Steven Tolliver stated it was not the job of government to regulate what people wear and he found it offensive that they were trying to regulate attire. He stated if the ordinance is passed, he will no longer come to Clearwater Beach. Jim Harrington urged to the Commission to cease the course they were pursuing. He felt this was an inappropriate action. He recommended initiating a referendum to let the voters of Clearwater decide if they felt this an appropriate ordinance. He stated if the ordinance is passed, there is a possibility of a referendum effort to oppose the ordinance. Pam Olson thanked the City for drafting the ordinance. She submitted a petition with approximately 844 signatures in support of the ordinance. She stated Pinellas County is becoming the pornography capital of the south. She stated if the trend is turned around, the State will become known as a family friendly one and there will be more tourists. David Charles Smith expressed concerns regarding a letter sent to members of the clergy by Commissioner Thomas. He stated as the President of the North Pinellas Ministerial Association, he objected to the tone of the letter. He stated he did not feel that the fabric of the community was unraveling and he had little or no interest in this ordinance. He stated he found the letter to be insulting, demeaning and rude and felt Commissioner Thomas owed them an apology. Commissioner Thomas stated it was the responsibility of the clergy to stand up for morality. Michael Overman stated he was opposed to the ordinance. He stated 40% of the tourism in the area is from europe and this will be an economic issue, not a moral issue. He suggested the ordinance be delayed waiting for the State legislation and stated it will be tested in court. Valerie Warner stated the younger portion of Clearwater has been misrepresented. She stated she works full time and goes to school and she is concerned about the community. She expressed concern that the ordinance is unfair. Christine Roberson spoke in support stating she believes the Commission is representing the majority of the people. Diane Higgins thanked the Commission for the ban stating she was a kindergarten teacher and she wanted to be comfortable taking the children to the beach. Jennifer Hestley-Rosa stated she works on the beach and that American exploitation of the human body has gotten out of hand. She stated in Europe, the human body is a natural thing. She stated a G-string is not appropriate but a T-back is not the same thing. She indicated the europeans wear tight, skimpy bathing suits. Gordon Maulden stated the City needs to legislate for our grandchildren and that if nudity is not banned, there will be problems with children. He reported Ted Bundy got his start with pornography. Phil Roberson spoke in support, stating he had been going to Clearwater Beach since he was little boy, however, he no longer goes as it is not what he cares for. Phil Thomas stated his business depends on people. He felt Clearwater had a reputation for having good values and if family values and standards were supported, more people would come to Clearwater. He felt T-backs and nudity would keep them away. He supported the ordinance. Vince Cosenza stated he moved from New York approximately two years ago and in New York they have nude beaches. He did not feel the ordinance was needed and spoke in opposition to its passage. John Moll stated the bathing suit that would be required to be worn, according to the definition on page 3, is not available on the retail market. He also referred to the exemption portion and stated that in the State vs. Maguire, the Florida Supreme Court found nudity to be protected as speech. He questioned what he would need to do in order to quality for an exemption from the ordinance. Dr. John Beasley spoke in support stating it would be a vote for public safety. Burt Shaw stated the exercise of free will requires choices be made and when government regulates the choices, they create convicts. He stated the ACLU would be happy to represent him and others in taking this ordinance to court. Jean Montana spoke in opposition, stating she has been in business for 18 years selling T-backs and she has no problem with them. She stated she is 62 years old and takes her grandchildren to the tradeshows to pick out the suits. Joan Herbert stated her profession is skin care. This year OSHA has warned that due to the lifestyles of T-back wearers, performing waxing and other skin care procedures could be hazardous to the skin care professionals. She stated they are now advised to wear gloves in order to protect them from disease. She stated she used to work on the beach and noticed a decline in behavior. She stated the public is being penalized because of the actions of others and it is time to clean up the City. Tony Villella stated he lives and works in Clearwater. He stated 50% of the tourists that come in through St. Petersburg/Clearwater Airport are from Canada and stated that in talking to these people, they find our laws ridiculous. He stated this ordinance should be put to a public vote. Kathy Thompson stated she is the mother of four. She stated T-backs are just like a G-string. She also referred to the State of New York as having a different lifestyle. She was in support of the ordinance. Jason Jacobson stated there are two issues to be considered: one, nudity for business purposes and the other, T-backs on the beach. He stated they are separate issues. He questioned why there could not be an area designated for T-backs. He questioned the ability to get the word out to tourists and the police's ability to enforce the ordinance. He stated nudity needed to be taken into context and whether it is done in a lascivious manner or to enjoy the sun. Mark Stingart stated he did not see this as an issue of rights or morals but rather an issue of power. He felt the ordinance should be placed before the voters in a referendum. He stated the T-back hotdog vendors have already been outlawed. Rita Peck, representing the Christian Coalition of Pinellas County, stated she had a petition with approximately 300 signatures to ban T-backs. She stated since there has been a spiraling decay of the City, she does not take her sons to the beach. She felt the majority of the people would agree with the Commission regarding the ordinance and stated a referendum should be held. Andrew White stated he is from europe, where many families go to the beach topless. He stated Europe has the lowest sex crimes in the world. He felt passage of the ordinance will diminish tourists coming to Clearwater and millions of dollars would be lost. He also questioned who would be enforcing the law. Wayne Shaw stated he infrequently visits the beach. He stated his children would not move to this area due to the hotdog vendors on the streets. He stated if the ordinance is not passed, it will violate his rights. Debbie Rice stated she supported the ordinance. She stated pornography is linked to the deterioration of families and marriages. She has lived in Germany and the Caribbean where there is high immorality and high crime rates. Tracy Lee stated she is an ex-dancer and that exposure to nudity does lead to crime and abuse. She stated the economy is suffering because the restaurant and bar business is changing from a family orientation to a red light district. She urged the Commission to pass the ordinance. Debbie Thompson stated that children are smart enough to know right from wrong. She stated pornography is affecting marriage. She stated that Florida, California and New York are becoming the AIDS capitals of the country. Jennifer Nightingale, a Clearwater Christian College student, stated she has circulated a petition on campus the past two days and received no negative responses regarding the ordinance. She stated many students are registered voters. They use the beach and do not need to be subjected to nudity. Pauline Orr supported the ban on T-backs stating society is becoming immoral and decadent. She stated she is an intern teaching at Dunedin Middle School and nudity does affect children. She did not believe tourism would suffer. Richard Paleveda suggested that rather than banning T-backs, a private area be found where they would be allowed. He stated it would be better to ban TV than T-backs. Jim Tracy stated tourism is the number one industry in Florida and allowing T-backs is part of tourism. He stated he has three boys, ages 8, 9 and 10, and he is not concerned regarding them seeing people in T-backs. He stated many hotels on the beach are for sale. Jim Stout stated he did not consider T-backs to be nudity. He stated there were three issues to be addressed, the hotdog vendors, the sexually oriented businesses and T-backs on the beach. He felt T-backs should be permitted on the beach but not in restaurants and shops. He felt allowing T-backs only on the beach would encourage tourists. Jay Carpenter stated the main impetuous of the ordinance is to rid the community of adult use establishments and the adverse secondary effects. He stated these have been shown to decrease property values. He stated he collected approximately 350 signatures in support of the ordinance. Michelle Suarez stated she is not comfortable with T-backs and is concerned for young children. Mary Schmidt supported the ban on T-backs. Luke Lirot with the American Civil Liberties Union and the Lawyers Association Political Action Committee stated they would work for the preservation of fundamental rights. He stated this issue is polarizing the community and the nexus to support the ordinance does not exist. He stated a T-back does not make one immoral. He suggested a compromise that would allow T-backs on one section of the beach with appropriate warnings to those entering that area. He stated public resources are being wasted. Jay Gibson questioned the Commission's right to tell the public what to wear. He recommended the ordinance go to a vote at referendum. Hal Jacobs stated that adopting the ordinance would not adversely affect business as Clearwater will be seen as a community that attracts families. He stated the Commission has the right to instill morals in the community and the public does not have to be subjected to nudity and semi-nudity in public places. Larry Maloy stated T-backs are less than 5% of his sales. He stated there are not that many on the beach but he could support the ban in adult establishments. Ralph Inglert stated he supported the ban on T-backs. He stated he has two young children and does not like to go to Clearwater Beach. He stated the ordinance was a good place to start in renewing family values. Jay Keyes supported the Commission in adopting the ordinance and indicated the Commission will make a difference in the community. Barbara Sealand stated her business is to provide meeting locations. She stated T-back hotdog vendors on the street are embarrassing and it is not the image that should be projected. Typically conference attendees bring their families with them. After a conference on the beach, some attendees said they would not return due to the nudity on the beach. John Pimenidis spoke stating this issue has nothing to do with morals or crime. He stated problems begin with families and that is where solving the problem needs to start. Reverend Bill Anderson stated it was good of the Commission to look out for the citizens and their morals. He stated it was a good ordinance. He stated no sociologist is going to say the American family is in good shape. He stated this would be a positive building block. Laurie Diane Kaye stated it was time to ban T-backs. She stated a society is being raised that does not know right from wrong. She stated it is time to get back to a family oriented community. Rob Surette clarified that what has been upheld by the Supreme Court is that nudity is protected only when combined with expression. Mayor Garvey thanked Mr. Surette for his work on the ordinance and thanked the public for attending the meeting. She stated she believed there needed to be a respect for others' right to privacy. She stated if people come to Clearwater, they need to enjoy our standards. She stated there is personal freedom but also personal responsibility. She believed there are adverse secondary affects and that this is the minimal needed to address those concerns. Commissioner Fitzgerald questioned if the penalty was the same for someone wearing a T-back on the beach and someone involved in an exotic night club. Mr. Surette indicated it did. Commissioner Berfield indicated this ordinance was not trying to take away individual rights. She stated this is not a question of freedom of speech but banning T-backs from public areas. She agreed that people coming to Clearwater would need to respect our laws. She did not believe passage of the ordinance would be a terrible thing for tourism. She stated she would support the ordinance. Commissioner Deegan felt strongly it was his right and responsibility to vote his personal values. He stated there are three r's: Rights, Responsibility and Respect. He stated an individual can do what they want in private and he whole heartily supported the ordinance. Commissioner Thomas likened moral decay in the community to a rabid dog and stated the T-backs were the tip of the tail of that dog and the fangs were the secondary effects. He stated this is but one piece of the puzzle in cleaning up the City. He stated he would support this and any other ordinance to clean up the problems. Commissioner Fitzgerald stated he was in the minority. He supported applying this to adult use establishments but the ordinance is much broader and includes nearly everything. He stated tonight he is bothered by part of the Commission chipping away at the public's freedom. He stated government, if unfettered, will try to control people's lives. He was concerned that to violate the ordinance by wearing a T-back on the beach resulted in confinement or a fine, the same as a nude dancer. He stated the City is creating a crime. He felt City resources should be spent on other things. He felt a decision on this ordinance should be delayed until the challenge to the St. John's ordinance has been resolved. The City Attorney again presented Ordinance #5543-94 for second reading and read it by title only. Commissioner Deegan moved to amend Ordinance #5543-94 in subsection 3 of section 21.13 to add a new paragraph "d" to read as follows: d) When a person appears nude for a legitimate instructional purposes for authorized courses at community colleges, state universities or other public or private institutions of higher learning. The motion was duly seconded. Upon the vote being taken; Commissioners Berfield, Deegan, Thomas and Mayor Garvey voted "Aye", Commissioner Fitzgerald voted "Nay". Motion carried. Commissioner Deegan moved to amend Ordinance #5543-94 in the last line to make the effective date July 1, 1994. The motion was duly seconded. Commissioner Thomas spoke in opposition to the amendment and Mayor Garvey stated she would urge caution against counting on passage of the State law to take affect July 1. Commissioner Deegan indicated that the motion would allow for advance notice and to complete plans for how to enforce the ordinance. Commissioner Thomas stated a July 1 date was not necessary for that. Upon the vote being taken; Commissioners Deegan and Fitzgerald voted "Aye", Commissioners Befield and Thomas and Mayor Garvey voted "Nay". Motion failed. Commissioner Thomas moved to amend Ordinance #5543-94 to make the effective date 60 days from adoption. The motion was duly seconded and carried unanimously. Commissioner Berfield moved to pass and adopt Ordinance #5543-94 as amended on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Deegan, Thomas and Garvey. "Nays": Fitzgerald. Motion carried. The meeting recessed from 9:53 p.m. to 10:07 p.m. ITEM #16 - Special Items of widespread public interest - None. ITEM #17 - Citizens to be heard re items not on the Agenda Phil Thomas, owner of Downtowner Cafe, stated he has completed six months in business on Cleveland Street and that the parking that was implemented three weeks ago has increased business day to day. He requested the Commission continue to provide this parking and thanked them for their efforts. John Doran spoke concerning House Bill 140 regarding unfunded mandates and requested the Commission expedite a resolution to support this. Mayor Garvey stated the City had received this and were already on record in support. It was suggested a letter be sent to re-emphasize the City's position. It the consensus a letter be prepared. Jay Keyes suggested TV monitors be set up through out the Chambers to facilitate the audience's viewing of the meeting. Laurie Diane Kaye questioned whether or not the Pioneer Federal building had been considered as a location for a City Hall or City Hall Annex. The Mayor indicated it had been reviewed and it was not large enough. CITY MANAGER REPORTS CONSENT AGENDA (Items #18-21) - Approved as submitted. ITEM #18 - Receipt/Referral - LDCA re variance standards (LDCA94-01)(CP) ITEM #19 - Preliminary Site Plan for Glen Oaks (f/k/a Bruce Manor) Nursing Home located at 1100 Pine Street (Health Prime, PSP94-01)(CP) ITEM #20 - Preliminary Site Plan for Dr. Lansky's Medical Office located on west side of Missouri Ave., between Gould St. and Brownell St. (Lansky, PSP94-03)(CP) Authorize the DRC to approve a final site plan subject to conditions marked Exhibit A to these minutes. ITEM #21 - Preliminary Site Plan for Holy Trinity Episcopal Church located at 3200 McMullen Booth Rd. (Diaz, PSP94-02)(CP) Authorize the DRC to approve a final site plan subject to conditions marked Exhibit B to these minutes. Commissioner Thomas 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 #22 - Other Pending Matters a) Environmental Management Group's Five Year Capital Improvement Projects Work Plan (PW) Since the creation of the Environmental Management Group in 1990, staff has developed a comprehensive program of study and projects that will enable Clearwater to implement environmental measures during the next five years. The plan calls for funding from the Stormwater Utility Fee and other identified sources. This management plan consists of studies and projects for the improvement of the urban environment and focuses on water quality and habitat restoration. The plan is anticipated to be updated annually for Commission approval during the month of January. During November of each year, the Southwest Florida Water Management District's (SWFWMD) Pinellas-Anclote River Basin Board funding process begins. The process provides local governments the opportunity to have worthy projects considered for funding support. It includes the development of project criteria by Pinellas County and local governments in November, and submittal of draft project proposals and project evaluations in December. Ranked projects are submitted to the SWFWMD in January for further consideration and ranking. Ultimately, SWFWMD staff present the proposals to the Pinellas-Anclote River Basin Board in March and April. With the approval of this program, staff can systematically seek project approvals and funding from State or Federal sources. Other elements of the program anticipate city funding via the Stormwater Utility fees. Three projects were submitted by Clearwater for Pinellas-Anclote funding this year. These include: 1) Allens Creek Experimental Water Quality Treatment Demonstration Project (Clearwater High School); 2) Del Oro Stormwater Treatment Facility Project; and 3) Allens Creek Maple Swamp Restoration Project. These three projects have an approximate combined total cost of $1,555,000 for which the State would share 50% of the costs if the projects are determined consistent with State funding criteria and selected for funding approval by the Pinellas-Anclote River Basin Board. Of a total of 27 draft proposals submitted by the County and other local governments totalling approximately $27 million, the Clearwater Maple Swamp project received the highest rank. The Allens Creek Water Quality Demonstration Project was ranked within the top 10 projects. The Del Oro Project has been ranked relatively low. William Baker, Acting Assistant City Manager, indicated three years ago, the City implemented the stormwater utility. That utility generates $3.4 million a year and has resulted in an increased level of service which includes ditch cleaning, street sweeping and all drainage work and also provides for capital improvement project funding of $1.3 million per year. $.7 million of that CIP is for stormwater repair and replacement and the other $.6 million is for water quality and habitat restoration. He stated the reason the fee was implemented was because the federal government was going to require the City to clean up stormwater. He reviewed three projects, which staff has identified could begin tomorrow and be funded, at least in part, by the stormwater utility. The first is the Arcturas/Druid Road/Allen's Creek project. Stormwater is washing away the sediment in the creek and depositing it in the area of the bridge where Allen's Creek flows under Druid Road. He stated the project would call for the building of a new stormwater culvert, replacing the bridge and working in a treatment facility. The first part of the stormwater would go through a diversion at the culvert into a pond. Plants in the pond would provide a kidney type action that would clean the stormwater runoff. At the intersection of Arcturas and Gulf to Bay Boulevard, on School Board property, an educational facility would be constructed and stormwater from Allen's Creek would be diverted into three different filtration systems which could be studied for how each cleans the stormwater. He stated the School Board is excited about this project and students would do the sampling and the readings. Clearwater's share for this project would be $650,000; $500,000 from infrastructure tax and $150,000 from the stormwater utility. SWFWMD would fund the remaining $150,000, for a project total of $800,000. Commissioner Berfield questioned whether or not there would be a building. Mr. Baker indicated there would not. Mayor Garvey questioned if the School Board had bought off on the project. Mr. Baker indicated they had, however, they would want the City to vacate Arcturas Avenue and they would add this property to the stadium and parking. The City would own property along the creek. The second project to be considered is the Maple Swamp Restoration, which is 20 acres of land owned by the City and the County. He stated this would provide for a park like treatment in the area and a diversion of stormwater runoff which would be cleansed through natural actions. The total project would cost $1 million. The City's share would be $417,500, all from the stormwater utility. The third project is the Del Oro Stormwater Treatment Facility. This would again be constructing a pond which would provide for kidney type cleansing by natural plant life. This is the last place to clean the stormwater before it empties into the Bay. He indicated the streets in Del Oro are in bad shape and in order to receive permits to do repairs to the storm drainage, this treatment facility would need to be constructed. He stated when this project was brought forward in the past, the neighborhood objected and they probably will still object. Commissioner Fitzgerald indicated the president of the homeowners association has contacted him and does have severe reservations about the project. Mr. Baker stated Clearwater's cost for this project would be $245,000, all from the stormwater utility. A fourth project is the Edgewater Drive Habitat Restoration Project which would be the implementation of a low marsh and high marsh plants at a cost of $150,000, all from the stormwater utility. This would provide for stormwater treatment and habitat restoration along Edgewater Drive. Mr. Baker then reviewed two extraordinary projects which staff has been considering. He indicated stormwater has the least quality in the downtown area. A preliminary plan has been developed which would provide a downtown lake. As detailed plans have not been pursued, cost is not available. He stated some land would have to be purchased. Once the lake is constructed, if the City owned property on the perimeter of the lake, it would have lake front property available for sale or development. Commissioner Thomas pointed out on the proposal, the lake encompassed the Bilgore site, which is now being considered as a possible site for City Hall. Mr. Baker indicated the lake could be built without the Bilgore property. The second extraordinary project concerns the Kapok Mobile Home Park. There are serious flooding problems in that park as it naturally wants to be a wetlands. When Alligator Creek floods, the mobile home park also floods. Mr. Baker stated if the land was owned by the City, the mobile homes would be taken out and the property would be allowed to return to the natural wetland state. This area is where the water would be treated, right before it empties into the Bay and it is a perfect place for the wetlands. He stated both of the extraordinary projects would cost in the $5 to $10 million range. Mr. Baker also stated that there are two studies on which the Commission needs to provide staff with direction and they are separate items on tonight's agenda. The mid-Pinellas Stormwater Plan would encompass several cities as well as the County. SWFWMD had offered the City $1.3 million to kick-start its reclaimed water effort. The City did not accept the funds for this purpose, but went back to SWFWMD and did get a commitment that they would be offered as a half share of the mid-Pinellas Stormwater Management Plan. Communities that were to have participated have not all agreed to participate. If they had, Clearwater's share of the plan would have been $700,000. As all have not agreed to participate financially in the plan, Clearwater will need to pay over $1.2 million in order to proceed with the plan. Regarding the Alligator Creek Cooperative Agreement, all parties have agreed to participate and the City's share will be $142,500 for the study phase. Mr. Baker restated that approval of the four stormwater treatment projects, as outlined previously; direction regarding the two extraordinary projects and approval of the Alligator Creek and mid-Pinellas watershed management plans is being requested tonight. He stated if all are approved, it will take $782,500 to fund these projects in FY 93-94. The City would still be in a healthy situation to do future stormwater management projects. Approval tonight will not actually approve the funding. The individual contracts will return to the Commission for specific approval. Commissioner Fitzgerald expressed concerns regarding the Del Oro project and requested that staff try to work out a compromise with the neighborhood. Commissioner Deegan agreed the projects are what have been talked about for some time and will result in actually cleaned water. He agreed the Del Oro neighborhood needed to be consulted regarding that project. He questioned if there were other "clinkers". Mr. Baker indicated the figures provided are only estimates and if it were found the actual project would cost more than had been estimated, staff would return to the Commission. Commissioner Deegan questioned what would be involved in getting the permits. Mr. Baker indicated SWFWMD is already a partner in many of these plans. Commissioner Deegan questioned what happened to the Edgewater Drive project when it reached the Dunedin city limits. Mr. Baker indicated it would fold into itself. Commissioner Thomas questioned if the benefit to the total City outweighed the neighborhood concerns regarding the Del Oro project, would the Commission move forward. Mayor Garvey suggested the other three projects be pursued and staff come back regarding Del Oro once input has been obtained. Mr. Baker felt if staff could properly explain the situation to the Del Oro neighborhood, they would approve of the project. Anne Garris, representing the Environmental Advisory Committee (EAC) reported on the Committee's recommendations from the last meeting. She stated the EAC recommended the Commission do whatever necessary to not lose the SWFWMD funding. She also urged the Commission to appropriate the funds needed for the Alligator Creek project. She stated the EAC endorsed the five year plan giving special priority to Maple Swamp and Allen's Creek, then the remainder of the five year plan and the downtown lake. She also wished to advise the Commission that the EAC believed the restoration of Cooper's Point should be done as rapidly as possible. The EAC also recommends that in projects required to meet ADA requirements, that paving be kept to a minimum. Commissioner Thomas moved to adopt staff's recommendation regarding the four stormwater improvements projects with the Del Oro project coming back to the Commission after neighborhood input had been obtained. The motion was duly seconded. Commissioner Deegan questioned whether or not the abandonment of Arcturas Avenue, in connection with the Allen's Creek project, would be brought before the Commission. Mr. Baker indicated it would once more complete drawings are available. The Mayor also requested a traffic study be done. Upon the vote being taken, the motion carried unanimously. Mr. Baker questioned endorsement or direction regarding the extraordinary projects. Commissioner Thomas felt staff should move forward aggressively on the downtown lake issue. Commissioner Deegan questioned when the City would be facing expenditures for this proposal. Commissioner Thomas felt staff needed endorsement of the concept and then study and come back with the cost benefit analysis and the schedule. Commissioner Deegan suggested there needed to be a feasibility study and he would approve of that. He also questioned the affect on the Public Works Department goals if this is to be added to their work schedule. Mr. Baker indicated this could be handled. Commissioner Thomas moved for staff to go forward with a feasibility study of the downtown lake water treatment project. The motion was duly seconded and carried unanimously. In regard to the Kapok Mobile Home Park, it was felt this would be secondary to the downtown lake project. Commissioner Deegan also pointed out that would be a part of the Alligator Creek study. b) Agreement with SWFWMD, Pinellas County and Cities of Largo, Safety Harbor and Belleair for development & implementation of comprehensive watershed management plans for watersheds in the mid-Pinellas area (PW) The City approved and funded a Stormwater Program early in FY-1991 (Ord. #5058-90). Funding for this program was, among other purposes, for the development and implementation of a new stormwater master plan. Concurrent with initiation of a new stormwater program, the federal government also mandated an expanded NPDES requirement to characterize and improve management of stormwater discharges. As a result of this additional mandate, the two planning considerations, development of a National Pollutant Discharge Elimination System (NPDES) permit and development of a new stormwater master plan, were merged together. Additional justification was provided by City Comprehensive Plan requirements and by State Water Policy, to develop watershed management plans in Clearwater to protect and enhance the quality of the receiving waters. A comprehensive watershed management plan concept was developed and by late FY-1991, was presented to the Commission in the form of a recommendation to approve a contract for consultant services. However, it was not approved by the Commission until subsequently amended to only address NPDES requirements. The Commission's concerns at that time were based upon the presumption that County enclaves would derive a benefit from this program without financial commitment to water quality improvements, and that the contract cost was high. Staff was directed to seek additional funding and to develop interlocal agreements. As a result staff applied to the Pinellas-Anclote River Basin Board for cooperative funding for the mid-Pinellas Comprehensive Watershed Management Plan and invited the communities of Belleair, Dunedin, Safety Harbor, Largo, and Pinellas County to participate in this planning effort. The Commission reviewed the status of the mid-Pinellas cooperative effort again in June, 1993, and provided direction to staff to continue to pursue cooperative funding from the State. At the June, 1993 meeting, it was described that to facilitate planning discussions with the represented communities and Pinellas County, the City had agreed to fund the entire local share of $1.3 million. While other participating communities had expressed an interest in participating in the planning effort, few were prepared to offer financial support at that time. The Commission directed staff to continue to pursue State funds and greater local commitment in the form of cooperative funding from adjacent communities. To date, with the exception of the City of Dunedin, all surrounding communities and Pinellas County have agreed to assist Clearwater to develop a comprehensive watershed management plan. However, only Pinellas County is able to commit funds. The plan, as proposed, continues to consider source controls and will establish project priorities for funding within available resources. Since Dunedin is unwilling to participate, even in the planning effort, both the Spring Branch of Stevenson's Creek which drains water from Dunedin into Clearwater, and the Curlew Creek Basin which drains water from Clearwater to Dunedin have been dropped from further watershed planning consideration, at this time. Although Clearwater shares some natural drainage with Dunedin in Coastal Basin No. 4, the basin is essentially developed with no known stormwater connections and therefore can be reasonably separated hydrologically for planning purposes. In addition, the plan also excludes Allens Creek and Alligator Creek which are being completed under separate agreements. The Mid-Pinellas Plan will address water quality, quantity and natural habitat issues. Total cost of the project is not anticipated to exceed $2.6 million. Local cost share has not been fully determined; however, Clearwater's estimated financial share is expected to be about $1,125,150. This number has been calculated based upon contributory drainage areas of the cities of Clearwater, Largo, Safety Harbor, Belleair, Belleair Bluffs, and Oldsmar. Since Belleair Bluffs and Oldsmar have insignificant contributory drainage to a creek, those communities have not been invited to participate. Only SWFWMD and Pinellas County will participate in the funding. This project was presented to the Commission in the Environmental Five Year Plan. Direction is required by the Commission at this time. The State has verbally informed the City of their need to have a letter of local commitment for funding purposes and a scope of service for this project by the end of February. Commissioner Thomas stated he did not like the idea of Clearwater funding 100% of the cost and he greatly resented the surrounding municipalities not being willing to contribute to the plan. Mayor Garvey questioned if there were some basins that would not impact other communities. Tom Miller, Assistant Public Works Director/Environmental, stated there were. The Mayor questioned if SWFWMD would allow us to only address those basins. Mr. Miller indicated he felt they would at least be willing to consider the option. He indicated there were three basins in which the City and the County would share responsibilities and the County has agreed to participate. He indicated those basins are the Clearwater Beach Island, Coastal Zone 2 and Stevenson's Creek. He indicated that Coastal Zone 3 was largely contained in Clearwater the County with only one acre being inside the City of Safety Harbor. Commissioner Thomas moved to approve an agreement with Southwest Florida Water Management District and Pinellas County for the development and implementation of a comprehensive watershed management plan for Clearwater Beach Island, Coastal Zone 2 (drainage basin 20), Coastal Zone 3 (drainage basin 21) and Stevenson's Creek (drainage basin 18) and that the appropriate officials be authorized to execute same. The motion was duly seconded. Commissioner Deegan requested that some of the funds be used for construction and not all on planning. Upon the vote being taken, the motion carried unanimously. c) Agreement with SWFWMD, Pinellas County and City of Safety Harbor for development of a Comprehensive Watershed Management Plan for Alligator Creek Watershed (PW) Alligator Creek drainage basin is located in east central Pinellas County. It is the largest drainage basin in Clearwater, accounting for approximately 5,700 acres of residential and commercial development. The City Comprehensive Plan requires the development of the watershed management plan for the Alligator Creek Basin. During FY-1993, Pinellas County received support from SWFWMD to develop this management plan. The City was invited to participate and to lead in the development of the plan, by virtue of the extent of the drainage basin within Clearwater jurisdiction. Parties to the agreement, in addition to Clearwater, include SWFWMD, Pinellas County and Safety Harbor. Project objectives include: 1) development of a watershed management plan to address surface water quality, quantity and natural habitat; 2) subject to approval of all parties to the interlocal agreement the design and permitting of the top three prioritized projects recommended by the plan; and 3) construction of one or more of the top three prioritized projects. Total project budget shall not exceed $1.2 million. Plan costs shall not exceed $500,000. The remainder is to be applied to design, permitting and construction activities. The management plan is to be completed within 24 months with another 36 months to complete implementation of projects. Clearwater's total financial share, subject to future Commission action, shall not exceed $342,000 and has been presented to the Commission in the Environmental Five Year Plan. Commission approval at this time does not commit city funds for development of the plan. By this action, staff will develop the project scope of service and accept proposals for consultant services that will be reviewed again by the Commission prior to final consultant selection and commitment of City. Commissioner Thomas expressed concerns that the study would cost $250,000 and the implementation only $350,000. Mr. Baker indicated the $350,000 was just to get the construction started, the total project would be $1.2 million. Commissioner Thomas moved to approve an agreement with Southwest Florida Water Management District, Pinellas County, and the City of Safety Harbor for the development of a Comprehensive Watershed Management Plan for the Alligator Creek Watershed. The motion was duly seconded. Terry Finch of the environmental division pointed out that $600,000 would come from SWFWMD. Commissioner Deegan pointed out that on page 7 of the agreement, it is provided that if the total costs were exceeded, the parties to the agreement could get together to address this. Upon the vote being taken, the motion carried unanimously. d) Interlocal Agreements and Franchise Ordinances for Pasco County Gas Expansion (GAS) The proposed interlocal agreements and franchise ordinances for the expansion of the gas service into Pasco County have been prepared by Jerry Figurski and have been reviewed by City Attorney Al Galbraith as well as the City's bond counsel. The Pasco County franchise differs from the city franchises in that the Pasco County Administrator is requesting a 4.5% payment in lieu of taxes whereas we are proposing a more standard 5% franchise agreement for the Pasco cities. Language has also been included in the proposed Pasco franchise assuring the City of Clearwater's commitment to spend all of the net income from the natural gas sales within Pasco County for the next 7 years on capital expansion in Pasco County. The Gas Division's strategic plan actually projects that capital expenditures in Pasco will cover the Gas Division's net income for at least the next 10 years. The Commission is being requested to approve the proposed agreements to allow negotiations to be finalized. The final agreements would be brought back to the Commission for their final approval. Commissioner Berfield requested this item be continued as she did not receive it until Tuesday night and has not had a chance to read it thoroughly. Commissioner Fitzgerald requested an explanation of the difference between the County and the City agreements. Chuck Warrington, Gas Division Manager, stated the County is asking for payment in lieu of taxes rather than just a franchise fee. He further indicated that this 4.5% payment would be out of the gas revenues and would lower the Gas Division's profits by 4.5% Commissioner Thomas stated he wanted to see a performa with the 4.5% payment in lieu of taxes included in the calculations. Commissioner Berfield moved to continue this item. The motion was duly seconded and carried unanimously. e) Contract for development & production of recycling introduction and promotional materials for city-wide residential, multi-family & commercial programs to Pearson, Thomas/LKW, Inc., Tampa, FL, at a cost not to exceed $41,216 (PW) Commissioner Berfield stated again she had not received this item until Tuesday night and therefore had not had time to review it. Commissioner Berfield moved to continue item #22e. The motion was duly seconded and carried unanimously. CITY ATTORNEY REPORTS ITEM #23 - First Reading Ordinances a) Ord. #5541-94 - Relating to recreation and open space land dedication; amending Sections 54.23 & 54.53 to provide that the Commission shall decide whether to require the conveyance of land, payment of cash, or a combination thereof, to satisfy the Recreation Land Impact Fee and Open Space Impact Fee requirements The City Attorney presented Ordinance #5541-94 for first reading and read it by title only. Mayor Garvey stated she was against this ordinance as in previous Commission discussions they have talked about cutting down and streamlining government. She stated this could be handled at a staff level. Commissioner Thomas moved to pass Ordinance #5541-94 on first reading. The motion was duly seconded. Commissioner Thomas explained his reasoning for this ordinance stating that when the ZOM development occurred on Tampa Bay, the citizens of Seville should have had the right to a park but the Parks and Recreation Director's recommendation was for cash in lieu of land. He felt that was a mistake. Mayor Garvey stated that was Commissioner Thomas' opinion. She felt the system had been working well. Upon roll call, the vote was: "Ayes": Berfield, Deegan, and Thomas. "Nays": Fitzgerald and Garvey. Motion carried. b) Ord. #5542-94 - Relating to vehicular traffic; creating Article VI, consisting of Sections 30.171-30.177; restricting the practice of "cruising" or unnecessary repetitive driving on certain streets The City Attorney presented Ordinance #5542-94 for first reading and read it by title only. Commissioner Thomas moved to pass Ordinance #5542-94 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey. "Nays": None. ITEM #24 - Other City Attorney Items a) Ice House Agreement The City Attorney reported Mr. Johnson's (attorney for the owners) father-in-law had died and Mr. Johnson would not be present at tonight's meeting. He stated Mr. Johnson is requesting the agreement be approved tonight if at all possible. Commissioner Thomas disagreed with a statement by Mr. Johnson that the building has been certified as safe. He stated it has only been certified as temporarily safe. He also did not agree with removing the section where the owner of the property waived any right of defense should the City demolish the property for failure to meet the time frames in the agreement. Mayor Garvey requested that the agreement be approved in order to expedite businesses coming to downtown. Commissioner Thomas requested the other Commissioners' opinion regarding the removal of the waiver of defense. Commissioner Berfield questioned the value of the waiver of defense if construction is begun and the structure is sound although not completed. Commissioner Thomas indicated the waiver of defense is being removed even if the building is not sound. Commissioner Fitzgerald stated if the Commission wished to take any action other than to approve the agreement as submitted, Mr. Johnson should be present. Commissioner Deegan pointed out that the waiver of rights was something the owner had voluntarily included in the agreement and it was not something the Commission had requested. He stated he was inclined to accept the agreement, as is, in order to move the project forward. Commissioner Berfield moved to approve the agreement regarding redevelopment of the property known as the Ice House. The motion was duly seconded and carried unanimously. b) Request for authorization to retain outside counsel re Abdullaj and Turner cases The City Attorney wishes to retain Lyndi Gordon as outside counsel in the defense of two lawsuits: Abdullaj v. Ferro and City, a lawsuit in state court claiming civil rights violations, false arrest, excessive force, and failure to investigate an internal affairs complaint; and Turner v. City, a federal civil rights case alleging malicious prosecution, false arrest, false imprisonment and unlawful detention. The claims in both cases are similar to the Marcus case, which was successfully defended in federal court. Ms. Gordon represented the City and Chief Klein in the Marcus case. The City Attorney conferred with Chief Klein, who concurs in the recommendation to retain Ms. Gordon in the Abdullaj and Turner cases. A letter was received from Ms. Gordon proposing to represent the City and describing her familiarity with the factual and legal issues to be faced in these cases, and her rate of compensation of $95 per hour for herself and $35 per hour for paralegals, with a daily cap of $1,045. The City will not be billed for standard operating cost such as in-house photocopying, postage and other support services. Out of pocket costs, including filing and other court fees, long distance telephone calls and courier fees will be billed as the costs are incurred. Travel time within the State will not be charged to the City. A letter was also received from Robert Stoler of Fowler, White, who represented Officer Carrasquillo in the Marcus case and who is also familiar with the factual and legal background of the two pending cases. The City Attorney's recommendation is to retain Ms. Gordon. Commissioner Thomas moved to authorize retaining Lyndi Gordon to represent the City in the Abdullaj v. Ferro and City and Turner v. City lawsuits. The motion was duly seconded and carried unanimously. c) Res. #94-20 - requesting Florida Legislature to examine law of eminent domain & relieve state and local government agencies from unnecessarily burdensome costs of providing necessary transportation facilities This resolution is similar to the resolution adopted by the Tampa Bay Regional Planning Council, which they have circulated for other agencies to adopt. The City Attorney revised the clause relating to interest rates to state the statutory section numbers and the actual rate (12 percent) required by law and deleted their last clause relating to "the time condemnation proceeding takes" because the time required for a "quick-take" proceeding is as fast as the City can realistically expect from the judicial system and it is not felt a case can be made that would prompt the legislature to make changes that would speed up the process. Otherwise, Resolution #94-20 is very similar to the TBRPC's resolution. Commissioner Fitzgerald commented that at the Tampa Bay Regional Planning Council Transportation Committee they received information that showed how far behind the State of Florida is in the area of eminent domain. The City Attorney presented Resolution #94-20 and read it by title only. Commissioner Deegan moved to pass and adopt Resolution #94-20 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey. "Nays": None. ITEM #25 - City Manager Verbal Reports a) changing SR60 directional signs at Highland Avenue Peter Yauch, Acting Public Works Director/Traffic Engineer, stated that with the implementation of parking on Cleveland Street, there was a back up of traffic at about 3 p.m. on Saturday. The problem was tracked to the left hand turn from Osceola onto Ft. Harrison. He stated it has also been discovered that the signal timing is too tight. He is proposing to change directional signs at Highland Avenue regarding beach routes and to install signs that will indicate Alternate 19 can be reached by making a left turn at Osceola and a right turn at Drew Street. He stated he has not talked to the State Department of Transportation regarding this. Staff is also considering developing a flyer to be handed out in the beach parking lots giving people directions regarding bypasses to downtown should that be their desire. Commissioner Fitzgerald suggested coordinating this with the downtown businesses to let them know what it is proposed. Consensus of the Commission was for Mr. Yauch to speak to the FDOT and also to the DDB prior to implementing any changes. Other items under verbal reports The City Manager reported that March 14th will be a Monday meeting that is scheduled to begin at 1 p.m. due to the TBRPC meeting being on the same date. This occurs whenever a Commission meeting falls on a second Monday, which is the regularly scheduled date of the TBRPC. Commissioner Fitzgerald, the City's representative on the TBRPC, is finding it more and more difficult to make both meetings as the locations are changing and the TBRPC meetings are going longer. Mayor Garvey recommended simply canceling the Monday meeting and only holding the Thursday meeting. Commissioner Deegan questioned whether or not the week's business could be accomplished in one agenda. Ms. Deptula indicated she felt it could, but the meeting may be just a little longer. Consensus of the Commission was to cancel the Monday meeting to see if one meeting in that week would accommodate all the business necessary. Commissioner Thomas moved to cancel the March 14, 1994 City Commission meeting. The motion was duly seconded and carried unanimously. The City Clerk reported Clearwater Neighborhood Housing Services (CNHS) is requesting forgiveness of city liens that are on property acquired by CNHS from the County. The County acquired the property due to unpaid taxes and subsequently donated it to CNHS. CNHS reports city staff had indicated the liens would be taken care of. The principal of the liens approximates $2,000. CNHS has a potential purchaser of the property participating in the Infill Housing program. Questions were raised regarding the market price of the property and how much profit CNHS would be gaining from the sale of the property. The City Clerk is to obtain this information. ITEM #26 - Commission Discussion Items a) Sehlhorst economic development plan - withdrawn. b) Beach Development, Signs for Accessory Uses - Shuford memo Commissioner Deegan had written a memo expressing concern about motel conversions on Clearwater Beach. Scott Shuford, Central Permitting Director, stated he felt this issue was under control as conversions are only allowed for accessory uses that service the people already on the property. He indicated signs are not allowed for this accessory use. Commissioner Deegan cited an example of a jewelry store with a sign in the window. Mr. Shuford requested additional information regarding this property. Commissioner Deegan stated there were two points raised, one, there is an apparent discrepancy that exists in that conversions are allowed and a property is allowed to continue its nonconformity whereas new developments are "backed against the wall" in meeting code requirements. He stated the other point is the 5% accessory use. It is correct that this is not happening as often but the point was is that the use truly had to be accessory to the primary use, not just any other use that is 5% or less of the property. Staff is to look at the definition of accessory use. Commissioner Deegan also pointed out a conversion that was currently taking place at 604 Bayway. Mr. Shuford will investigate. c) Elysium Play Street designation A Clearwater citizen living on Elysium Way had requested that Elysium Way be designated as a play street as children do play in the street which is a cul-de-sac. Mr. Yauch reported he had received a call three or four weeks ago. He stated for three or four years, children have been playing street hockey in the cul-de-sac, however, a new resident has complained regarding this and has called police. He stated the play street section in the city code has not been used in Clearwater and is word for word out of the standard traffic code. This section was meant for use in more metropolitan areas such as New York. He stated only vehicles with business or residence on the street would be allowed if this street is designated a play street. He stated there does not appear to be a basis for the designation, however, this has started a neighborhood dispute. Commissioner Thomas asked if there were ten people on the street, nine with children playing on the street and one not wanting it, whether or not this would be allowed. He questioned if there was no place for the children to play. He requested that the Commission take no action tonight but to see if this situation can be arbitrated. Mr. Yauch expressed concerns that designating this as a play street would set a precedent. Commissioner Fitzgerald questioned whether there was no other area for the children to play and questioned where the nearest park is located. A concern was also raised that maybe only one family had children playing in the street and the other residents had no opinion one way or the other. It was the consensus that staff was to gather additional information and bring this back for Commission consideration. ITEM #27 - Other Commission Action Mayor Garvey questioned whether or not the Commission wished to support a bill for banning assault guns in Florida. There was no consensus. She also pointed out that there are a number of items appearing in the legislative bulletin of which the Commission needs to keep track. ITEM #28 - Adjournment The meeting adjourned at 1:02 a.m. (2/18/94)