Loading...
05/05/1994 CITY COMMISSION MEETING May 5, 1994 The City Commission of the City of Clearwater met in regular session at City Hall, Thursday, May 5, 1994 at 6:02 p.m., with the following members present: Rita Garvey Mayor/Commissioner Fred A. Thomas Vice-Mayor/Commissioner Richard Fitzgerald Commissioner Sue A. Berfield Commissioner Arthur X. Deegan, II Commissioner Also present: Elizabeth M. Deptula City Manager Kathy S. Rice Deputy City Manager William C. Baker Assistant City Manager Miles Lance Assistant 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 Reverend Dick Church of Calvary Baptist 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 - None. ITEM #4 - Introductions and Awards Proclamations: Nursing Home Week - 5/8-14/94 Emergency Medical Week - 5/15-21/94 International Year of the Family - 1994 Letter Carrier Food Drive Day - 5/14/94 ITEM #5 - Presentations The Clearwater Aquatic Team presented a plaque to the City in appreciation of the City's support. ITEM #6 - Approval of Minutes Commissioner Berfield questioned the vote on Item #24 in the April 21, 1994 minutes. The Clerk will check the record. Commissioner Berfield moved to continue approval of the April 21, 1994 minutes. The motion was duly seconded and carried unanimously. Commissioner Deegan moved to approve the minutes of the worksession of 3/3/94, as recorded and submitted in written summation by the City Clerk to each Commissioner. The motion was duly seconded and carried unanimously. Commissioner Berfield moved to approve the minutes of the special meeting of 11/10/93, as recorded and submitted in written summation by the City Clerk to each Commissioner. The motion was duly seconded and carried unanimously. Commissioner Deegan moved to approve the minutes of the special meeting of 1/14/94, as recorded and submitted in written summation by the City Clerk to each Commissioner. The motion was duly seconded and carried unanimously. Commissioner Berfield moved to approve the minutes of the special meeting of 2/10/94, as recorded and submitted in written summation by the City Clerk to each Commissioner. The motion was duly seconded and carried unanimously. Commissioner Thomas moved to approve the minutes of the special meeting of 3/7/94, as recorded and submitted in written summation by the City Clerk to each Commissioner. The motion was duly seconded and carried unanimously. Commissioner Thomas moved to approve the minutes of the special meeting of 4/19/94, 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 Jerome Katz spoke stating he was a special meeting planner and he was happy to see that Clearwater was going to have a convention center. He felt it was necessary that a general manager and staff be hired well before the center would be in operation in order to have it properly scheduled and designed. David Little requested the pavilion on the beach be separated from the Request for Proposals (RFP's) for development of the Pier 60 area. He felt if a decision regarding the pavilion was delayed until RFP's were evaluated, it could delay pavilion construction a year to a year and a half. He stated a 50 foot by 100 foot pavilion would cost $100,000 to construct. He indicated that John Doran, Bob Wright, Jay Keyes and Anne Garris also supported separating the pavilion. Ken Rosenow spoke stating he was in agreement with Mr. Little. He stated something is needed for evening activity on the beach. He felt the pavilion could be constructed rapidly. Commissioner Deegan questioned what the Commission wished to do as at their Monday meeting they had integrated the pavilion with the Pier 60 proposals. He felt it could be separated. He felt if the pavilion was located in the vicinity of Pier 60, it would crowd the parking lot. He also did not feel that band performances would be welcome in the Pier 60 area as it would interfere with the fishing activities. He felt the pavilion should be east of the Coast Construction Control Line (CCCL) and face out toward the beach. He endorsed its being considered separately from the development in the Pier 60 area. Mayor Garvey stated she did not necessarily disagree but would still like to see the impact of the Pier 60 decision. Commissioner Fitzgerald stated he felt the decision on Monday was appropriate and the whole area should be reviewed at one time. Commissioner Thomas stated as he was on the prevailing side in the motion, he would bring up reconsideration of the pavilion at the end of the meeting. PUBLIC HEARINGS ITEM #8 - (Cont. from 4/7/94) Public Hearing & First Reading Ord. #5557-94 - Amending Sec. 45.24 to revise standards for approval of variances (LDCA 94-01)(CP) Commissioner Thomas moved to continue this item to May 19, 1994 in order to receive input from the Development Code Adjustment Board. The motion was duly seconded and carried unanimously. ITEM #9 - (Cont. from 4/21/94) Public Hearing & First Reading Ord. #5562-94 - Amending Sec. 35.11, to create a definition for utility facilities; amending various sections within Ch. 40, to provide for utility facilities as permitted uses in IL and P/SP districts and as a conditional use in all other zoning districts; amending Sec. 41.053, to establish supplementary conditional use standards for utility facilities (LDCA 93-23)(CP) Policy 1.5.1 of the City's Comprehensive Plan requires the City adopt a land development code amendment which will allow utility facilities (in particular, electrical utility substations) in all city zoning districts. Pursuant to this requirement, staff prepared Ordinance #5037-90 which provided for two types of utility facilities: neighborhood facilities and community facilities. Florida Power Corporation raised questions about the distinctions being drawn between these two types and no further action was taken on the ordinance after first reading in 1990. At the current time, staff would recommend consideration of Ordinance #5562-94 which would provide for a single type of utility facility and establish specific conditional use permit review requirements that address the scale and community character issues associated with the use. Under this ordinance, utility facilities would be allowed as permitted uses in the IL and P/SP districts and as conditional uses in all other zoning districts. If Ordinance #5562-94 is adopted, Ordinance #5037-90 will be considered permanently withdrawn and will not be brought back before the Commission. Both the Planning and Zoning Board and Development Code Adjustment Board recommended approval of Ordinance #5562-94. Scott Shuford, Central Permitting Director, indicated the ordinance provides a definition of utility facilities, the zoning categories in which they are allowed as permitted uses and those where they are allowed as conditional uses, as well as, supplementary standards for those zoning districts in which the facilities would be allowed as conditional uses. Mayor Garvey questioned if there was a need to act regarding the previous ordinance. Mr. Shuford indicated the City Attorney's opinion was due to the length of time that has passed, the ordinance can be considered permanently withdrawn. Commissioner Thomas questioned if it would be appropriate to include in this ordinance a requirement that all power cables be buried. Mr. Shuford indicated that would be better addressed in a different area of the code. Ms. Rice indicated this could be looked at when the franchise agreement is being renewed. Commissioner Berfield indicated when this came up several years ago, it addressed telephone switching boxes. At that point, there were concerns regarding the impact on residential areas. She questioned if this ordinance addresses those concerns. Mr. Shuford indicated the ordinance will allow the facility to be placed in a residential zone as a conditional use but there will be controls in the conditional use approval regarding its appearance, noise generation and traffic impacts. He stated the Planning and Zoning Board can deny the conditional use if the facility will not be compatible with the area. In response to a question from Commissioner Berfield, Mr. Shuford indicated he did feel that the ordinance provided the protection needed. Commissioner Thomas questioned why it had taken three and a half years for the ordinance to return to the Commission. Mr. Shuford indicated it had essentially gotten "lost in the mill". Commissioner Thomas questioned if there were other ordinances such as this one. It the consensus of the Commission that the City Attorney Department be asked to review their files. Commissioner Berfield moved to approve a land development code amendment concerning utility facilities and to withdraw Ordinance #5037-90. The motion was duly seconded and carried unanimously. The Assistant City Attorney presented Ordinance #5562-94 for first reading and read it by title only. Commissioner Fitzgerald moved to pass Ordinance #5562-94 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 #10 - Public Hearing & First Reading Ord. #5589-94 - Amending Sec. 42.21, to provide for revised requirements for nonconformities (LDCA 94-05)(CP) On December 16, 1993, the Commission directed staff to develop changes to the City's nonconforming use regulations which would allow reconstruction of existing uses and densities within one year, but require conformance to all other code requirements, including setback, parking and landscaping requirements. Ordinance #5589-94 allows nonconforming uses to be reconstructed within the applicable dimensional and numerical requirements and within one year after damage, destruction or reconstruction. Also included in this ordinance is language that allows a single family residence (if a nonconforming use) to be reconstructed within its original "footprint", consistent with recent changes to the code emanating from the adoption of the Downtown Development Plan and N. Ft. Harrison zoning study. Provision is made to allow nonconforming uses to be converted to other, less intense nonconforming uses upon conditional use permit approval by the Planning and Zoning Board. This is intended to allow an incremental, or phased, conversion from nonconforming uses to conforming ones, with any steps along the way representing an improvement in terms of neighborhood compatibility. Finally, provision is made to address conditional uses that have been discontinued for more than one year as nonconforming uses, requiring a new conditional use permit to be obtained in order to re-establish the use. This resolves a difficult administrative situation for staff. The ordinance greatly simplifies the City's nonconforming use regulations. On April 19, 1994, the Planning and Zoning Board endorsed the proposed changes to the nonconformities code section, subject to the following condition: revision of Section 42.21(5)(a) to clarify when a building permit would have to be obtained to "stay" the period of discontinuance. Staff suggests the following language be added as the final sentence in this section to meet the Board's recommendation: "If a nonconforming use is located in a structure that has been damaged or destroyed to an extent equal to or greater than fifty percent of its appraised value, and a building permit to reconstruct the structure containing the nonconforming use is not issued within 365 days from the date of the initial damage, the use shall be considered to be discontinued." Staff recommends against the proposed change in wording. There are a number of other circumstances that would also indicate a good faith effort to re-establish the nonconforming use, and staff feels the ordinance is not the place to enumerate all of these options, if, indeed, all options can be contemplated. If there is an active, documentable, good faith effort on the part of the property owner to re-establish the use, and 365 days have not elapsed from the date of initial damage, staff will not consider the use to be discontinued. This is better stated as a policy rather than as a code. On April 14, 1994, the Development Code Adjustment Board endorsed the proposed changes as written. Mr. Shuford reiterated that the proposed ordinance simplifies the section of the code regarding nonconformities. He stated it also resolves a long standing problem regarding conditional uses. Mayor Garvey questioned the provision that if the use is discontinued for 365 days, a new conditional use would be required. She questioned if there was activity only one day within the 365 days, would that start the clock all over again. Mr. Shuford indicated it would. He stated staff plans to use the standard of if an occupational license is not renewed, it is assumed the use is discontinued. Commissioner Berfield questioned what if a business was operating without a renewed license. Mr. Shuford indicated staff would require some proof of activity and if the activity was found, they would then be guilty of operating without a license and would be fined. Commissioner Berfield questioned if a former Limited Office use could change into an industrial use. Mr. Shuford indicated it could not as the phasing out of the nonconformity has to be going to less intense uses. Commissioner Deegan pointed out the way the ordinance is written, it would require proof of only one day of activity. He requested the ordinance be amended at second reading to include language similar to that in Mr. Shuford's explanation regarding why he did not feel the Planning and Zoning Board's recommended wording should be adopted. He referred to the clause regarding a good faith effort. Staff will develop an amendment between first and second reading. Commissioner Deegan moved to approve a land development code amendment concerning nonconformities. The motion was duly seconded and carried unanimously. The Assistant City Attorney presented Ordinance #5589-94 for first reading and read it by title only. Commissioner Deegan moved to pass Ordinance #5589-94 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey. "Nays": None. Public Hearing - Second Reading Ordinances ITEM #11 - Ord. #5558-94 - Relating to Flood Damage Prevention; amending Sec. 51.32 to clarify when certain electrical, plumbing, or other utility connections are allowed below the base flood elevation The Assistant City Attorney presented Ordinance #5558-94 for second reading and read it by title only. Commissioner Berfield moved to pass and adopt Ordinance #5558-94 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. #5563-94 - Amending Sec. 35.11, to create definitions for collector, local, minor arterial and major arterial streets; amending Sec. 40.104, to provide for Level I Group Care Facilities as a conditional use in the RS-8 district; amending Sec. 41.053, to establish supplementary conditional use standards for Level I Group Care Facilities in the RS-8 district (LDCA 94-03) - To be Cont. to 5/19/94 Commissioner Thomas moved to continue this item to May 19, 1994. The motion was duly seconded and carried unanimously. ITEM #13 - Ord. #5565-94 - Annexation for property located at 3123 John's Parkway, John's Parkway Sub., Lot 4, 0.23 acres m.o.l. (Enright, A94-04) The Assistant City Attorney presented Ordinance #5565-94 for second reading and read it by title only. Commissioner Fitzgerald moved to pass and adopt Ordinance #5565-94 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. #5566-94 - Land Use Plan Amendment to Residential Urban for property located at 3123 John's Parkway, John's Parkway Sub., Lot 4, 0.23 acres m.o.l. (Enright, LUP94-04) The Assistant City Attorney presented Ordinance #5566-94 for second reading and read it by title only. Commissioner Thomas moved to pass and adopt Ordinance #5566-94 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. #5567-94 - RS-8 Zoning for property located at 3123 John's Parkway, John's Parkway Sub., Lot 4, 0.23 acres m.o.l. (Enright, A94-04) The Assistant City Attorney presented Ordinance #5567-94 for second reading and read it by title only. Commissioner Berfield moved to pass and adopt Ordinance #5567-94 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 #16 - Ord. #5568-94 - Annexation for property located at 2370 Dora Dr., Rolling Heights, Lot 68, 0.21 acres m.o.l. (Vernon, A94-03) The Assistant City Attorney presented Ordinance #5568-94 for second reading and read it by title only. Commissioner Deegan moved to pass and adopt Ordinance #5568-94 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 #17 - Ord. #5569-94 - Land Use Plan Amendment to Residential Low for property located at 2370 Dora Dr., Rolling Heights, Lot 68, 0.21 acres m.o.l. (Vernon, LUP94-03) The Assistant City Attorney presented Ordinance #5569-94 for second reading and read it by title only. Commissioner Fitzgerald moved to pass and adopt Ordinance #5569-94 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 #18 - Ord. #5570-94 - RPD-D Zoning for property located at 2370 Dora Dr., Rolling Heights, Lot 68, 0.21 acres m.o.l. (Vernon, A94-03) The Assistant City Attorney presented Ordinance #5570-94 for second reading and read it by title only. Commissioner Thomas moved to pass and adopt Ordinance #5570-94 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 #19 - Ord. #5572-94 - Annexation for property located at 1770 Hercules Ave., Sec. 1-29-15, M&B 34.32, 0.73 acres m.o.l. (Instrument Transformers, A94-01) The Assistant City Attorney presented Ordinance #5572-94 for second reading and read it by title only. Commissioner Berfield moved to pass and adopt Ordinance #5572-94 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 #20 - Ord. #5573-94 - Land Use Plan Amendment for Parcel A to Industrial General & Parcel B to Industrial Limited for property located at 1770 Hercules Ave., Sec. 1-29-15, M&B 34.32, 0.73 acres m.o.l. (Instrument Transformers, LUP94-01) The Assistant City Attorney presented Ordinance #5573-94 for second reading and read it by title only. Commissioner Deegan moved to pass and adopt Ordinance #5573-94 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 #21 - Ord. #5574-94 - IL Zoning for property located at 1770 Hercules Ave., Sec. 1-29-15, M&B 34.32, 0.73 acres m.o.l. (Instrument Transformers, A94-01) The Assistant City Attorney presented Ordinance #5574-94 for second reading and read it by title only. Commissioner Fitzgerald moved to pass and adopt Ordinance #5574-94 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 #22 - Ord. #5575-94 - Annexation for property located at 2671 Third Ave., N., Chautauqua, Sec. A, Unit 1, Blk 44, Lots 1-6, part of 7 & 20 and 21-26, 1.40 acres m.o.l. (Carter, A94-06) The Assistant City Attorney presented Ordinance #5575-94 for second reading and read it by title only. Commissioner Thomas moved to pass and adopt Ordinance #5575-94 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 #23 - Ord. #5576-94 - Land Use Plan Amendment to Residential Suburban for property located at 2671 Third Ave., N., Chautauqua, Sec. A, Unit 1, Blk 44, Lots 1-6, part of 7 & 20 and 21-26, 1.40 acres m.o.l. (Carter, LUP94-06) The Assistant City Attorney presented Ordinance #5576-94 for second reading and read it by title only. Commissioner Berfield moved to pass and adopt Ordinance #5576-94 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 #24 - Ord. #5577-94 - RS-2 Zoning for property located at 2671 Third Ave., N., Chautauqua, Sec. A, Unit 1, Blk 44, Lots 1-6, part of 7 & 20 and 21-26, 1.40 acres m.o.l. (Carter, A94-06) The Assistant City Attorney presented Ordinance #5577-94 for second reading and read it by title only. Commissioner Deegan moved to pass and adopt Ordinance #5577-94 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 #25 - Ord. #5578-94 - Annexation for property located at 1920 Skyline Dr., E., Skyline Groves, Lot 58, 0.20 acres m.o.l. (Sather, A94-02) The Assistant City Attorney presented Ordinance #5578-94 for second reading and read it by title only. Commissioner Fitzgerald moved to pass and adopt Ordinance #5578-94 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 #26 - Ord. #5579-94 - Land Use Plan Amendment to Residential Low for property located at 1920 Skyline Dr., E., Skyline Groves, Lot 58, 0.20 acres m.o.l. (Sather, LUP94-02) The Assistant City Attorney presented Ordinance #5579-94 for second reading and read it by title only. Commissioner Thomas moved to pass and adopt Ordinance #5579-94 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 #27 - Ord. #5580-94 - RS-8 Zoning for property located at 1920 Skyline Dr., E., Skyline Groves, Lot 58, 0.20 acres m.o.l. (Sather, A94-02) The Assistant City Attorney presented Ordinance #5580-94 for second reading and read it by title only. Commissioner Berfield moved to pass and adopt Ordinance #5580-94 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 #28 - Ord. #5581-94 - Annexation for property located at 601 Dora Dr., Rolling Heights, Lot 21, 0.22 acres m.o.l. (Antoniello, A94-05) The Assistant City Attorney presented Ordinance #5581-94 for second reading and read it by title only. Commissioner Deegan moved to pass and adopt Ordinance #5581-94 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 #29 - Ord. #5582-94 - Land Use Plan Amendment to Residential Low for property located at 601 Dora Dr., Rolling Heights, Lot 21, 0.22 acres m.o.l. (Antoniello, LUP94-05) The Assistant City Attorney presented Ordinance #5582-94 for second reading and read it by title only. Commissioner Fitzgerald moved to pass and adopt Ordinance #5582-94 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 #30 - Ord. #5583-94 - RPD-D Zoning for property located at 601 Dora Dr., Rolling Heights, Lot 21, 0.22 acres m.o.l. (Antoniello, A94-05) The Assistant City Attorney presented Ordinance #5583-94 for second reading and read it by title only. Commissioner Thomas moved to pass and adopt Ordinance #5583-94 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 #31 - Ord. #5584-94 - RM-16 Zoning for property located at 2855 Gulf to Bay Blvd., Baskins Replat Resub., part of Lot 2, 33.44 acres m.o.l. (Morton Plant Life Services, (Bayview Gardens) Z94-02) The Assistant City Attorney presented Ordinance #5584-94 for second reading and read it by title only. Commissioner Berfield moved to pass and adopt Ordinance #5584-94 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 #32 - Ord. #5588-94 - Relating to stormwater systems within the city; creating a new Article X of Ch. 32, consisting of Secs. 32.391-32.399 The Assistant City Attorney presented Ordinance #5588-94 for second reading and read it by title only. Commissioner Deegan moved to pass and adopt Ordinance #5588-94 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 #33 - Ord. #5593-94 - Vacating 5' utility easement lying along the easterly line of Lots 1-5, Blk 39, Mandalay Sub. (Hixon, et al, V94-03) The Assistant City Attorney presented Ordinance #5593-94 for second reading and read it by title only. Commissioner Fitzgerald moved to pass and adopt Ordinance #5593-94 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 #34 - Ord. #5594-94 - Vacating westerly 5' of the drainage & utility easement lying along the easterly line of Lot 49, Cypress Bend of Countryside Unit One less the northerly & southerly 5' (Maran, V94-04) The Assistant City Attorney presented Ordinance #5594-94 for second reading and read it by title only. Commissioner Thomas moved to pass and adopt Ordinance #5594-94 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 #35 - Special Items of widespread public interest - None. ITEM #36 - Citizens to be heard re items not on the Agenda John Doran spoke in favor of separating the pavilion from the Request for Proposals (RFP's) for the Pier 60 area. Jay Keyes spoke in favor of separating the pavilion from the Request for Proposals (RFP's) for the Pier 60 area. He stated he was not necessarily in favor of placing it in a separate area, but simply separating the issues. In response to a question from Commissioner Deegan, Mr. Keyes indicated he felt the pavilion should be in the Pier 60 area. Bob Wright, representing the Coalition of Homeowners Association, stated the Board of Directors unanimously adopted a resolution supporting negotiations with Western Reserve Life to locate them in Clearwater, however, opposed to the City building and leasing the property to the company. The resolution supports an outright sale. CITY MANAGER REPORTS CONSENT AGENDA (Items #37-44) - Approved as submitted less Items #s 37, 42 & 43. ITEM #37 - See page 14 ITEM #38 - Receipt/Referral - LDCA re churches in CC zoning districts (LDCA 94-11)(CP) ITEM #39 - Receipt/Referral - LDCA re wire fences in residential zones (LDCA 94-10)(CP) ITEM #40 - Receipt/Referral - Annexation, Land Use Plan Amendment to Residential Low and RPD-D Zoning for property located at 2253 Dora Dr., Rolling Heights, Lot 8, 0.28 acres m.o.l. (Moberley, A94-13, LUP94-13)(CP) ITEM #41 - Receipt/Referral - Annexation, Land Use Plan Amendment to Residential Low and RPD-E Zoning for property located at 1761 Cardinal Dr., Pinellas Terrace, Lot 68 less south 3', 0.19 acres m.o.l. (Penhollow, A94-12, LUP94-12)(CP) ITEM #42 - See page 15 ITEM #43 - See page 15 ITEM #44 - Ratify & Confirm C.O.#1 to Court Street Widening, from Prospect Ave. to Missouri Ave., to Suncoast Excavating, Inc., Ozona, FL, increasing the amount by $54,162.50, for a new total of $728,836.50 (PW) Commissioner Thomas moved to approve the Consent Agenda as submitted less Items 37, 42 and 43 and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. ITEM #37 - Contract for construction of a Building and Maintenance Shop at the General Services Complex (1900 Grand Ave.) to Avant-Garde Builders, Inc., Clearwater, FL, for $170,785 (PW) Bids were solicited and received for the construction of a maintenance/carpenter shop at the General Services Complex, 1900 Grand Avenue. The proposed building has been designed to withstand a Category 3 Hurricane and will serve as an Emergency Operations Center for the General Services Department. Avant-Garde Builders, Inc. submitted the lowest price in accordance with the specifications and therefore, is recommended to be awarded the contract. The current maintenance/carpenter shop is now located on the second floor of the City Hall Annex. Approximately 15 months ago, Building and Maintenance supervisory and support personnel relocated to the Grand Avenue Complex. The construction of this new facility will consolidate all General Services operations at one site. A bid protest was filed by Bandes Construction Company on the basis that Bid Item #2, the removal and replacement of 1,200 cubic yards of unsuitable material was a contingency and should not have been tabulated into the award. The Public Works Department fully believes unsuitable material will be encountered inasmuch as the property's previous use was as a landfill. The City Manager's office denied this bid protest. In addition, it has been noted that a former city employee is related to the owners of, and now works in the Avant-Garde company. The appropriate form regarding interest in competitive bid for public business has been filed. Commissioner Fitzgerald requested assurances that legal staff is satisfied all questions regarding award of this bid have been satisfied. The City Manager indicated the protest was answered by Assistant City Manager Baker as per policy and ordinance. She indicated the appropriate form regarding the conflict of interest has been filed. It is her opinion all the issues have been covered. Commissioner Fitzgerald questioned if legal had reviewed the resolution of the bid protest. Ms. Deptula indicate legal had reviewed the procedures followed, however, is not involved in each dispute. Mr. Baker indicated he had thoroughly examined the challenge to the bid and found it inappropriate. Commissioner Thomas questioned if there had been any litigation as a result of the bid protest procedures. It was indicated there have not been. Commissioner Berfield moved to award a contract for the construction of a Building and Maintenance Shop at the General Services Complex to Avant-Garde Builders, Inc., Clearwater, Florida, for the sum of $170,785 and the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. ITEM #42 - Lease Agreement with ABS Properties, Clearwater, FL, for office and showroom space in Campus Walk Plaza, 2551 Drew Street, Suite #304, for the period 6/1/94-9/30/99, at an est. $159,000 (GAS) and ITEM #43 - Contract for remodeling of Gas Sales Office and Appliance Showroom located in the Campus Walk Plaza to Diaz/Fritz Group, Inc., Tampa, FL, at an est. $49,133 and Contract for 6 modular work stations to Pride of Florida, Clearwater, FL, at an est. $23,448.70, for an est. total of $72,581.70 (GAS) Clearwater Gas System's sales office and appliance showroom needs to be expanded which will require moving out of the Utility Customer Service Building at 900 Chestnut Street. Staff has found a more suitable "shopping center" environment in which to locate at Campus Walk Plaza, on the south side of Drew Street, between Old Coachman Road and US19. This facility will allow opening for "customer-friendly" hours and is located at the heavily traveled Drew Street and US19 intersection. Staff feels this location will be more convenient to the majority of gas system customers in its northern Pinellas County service area as this Plaza is just west of US19, which is the main north-south artery. The gas system initially plans to open the sales office on weekdays from 8 a.m. to 6 p.m. and on Saturdays from 10 a.m. to 2 p.m. These hours may be extended as customer traffic warrants. The proposed contract period is for 64 months with two renewal options for an additional 60 months each. The initial lease period begins June 1, 1994. The Net Rentable Area is 2,852 square feet of usable space, which will provide offices for the Assistant Director CGS/Marketing & Planning, the Gas Sales Manager and eight other Gas Sales/Marketing personnel together with the gas appliance showroom. The per square foot lease begins at $7 for the first 26 months and increases in yearly increments of 50 cents to $8.50 by the last year of the lease. The lease provides for escalation based on the Consumer Price Index for the optional annual renewal periods. The lease has a "Common Area" provision whereby ABS Properties pays for all the common utilities such as water, sewer and garbage (electrical and gas are individually metered and paid by each tenant). ABS is also responsible for maintaining the parking lot and air conditioners within the Plaza and paying all real estate taxes and insurance. The City is responsible for paying a proportionate share of these common area expenses, which will be paid monthly based on an estimated budget with a yearly settlement for any over or under payment of the common area costs. The 1994 Common Area estimated cost per square foot is $2.52. The lease allows for installation of gas lights in front of the premises and adjacent to the former Piccadilly Cafeteria, the right to install a payment drop box, and the right to use the dead-end sidewalk area in front of the storefront for a patio display area. Another benefit of this location is the likelihood the adjacent space will become available within the next two years. The City has been assured first option to lease this adjacent space to expand the showroom at that time, should customer traffic and business require additional space. The space to be leased has never been occupied and requires upgrading of the bathrooms to meet ADA requirements. CGS employed Associated Space Design of Tampa to design the office space and ensure compliance with the ADA requirements. The design includes all of the building space renovations to provide offices for the personnel together with the gas appliance showroom. The project is split into two parts. The building renovations were bid based on ASD's plans. The second part is for the six modular employee work stations plus common equipment work area. Pride of Florida is an agency of the state government and has been previously used by CGS and other city departments. They are exempt from the bidding requirements. Commissioner Thomas expressed concerns the improvements to the facility will be 50% of the rent. He thought this was high and questioned the need for these renovations. Ms. Deptula stated she needed to advise the Commission there was an active protest regarding the building renovations. Commissioner Thomas again questioned the expense of the renovations for a showroom. Chuck Warrington, CGS Managing Director, stated the facility will be a combination office and showroom with 60% of it being for office. Commissioner Thomas expressed concerns as he thought this was to be a retail showroom, not a utility service office. Mr. Warrington indicated there will be the ability for utility payments to be made at this facility and sales representatives will also be there working out of their offices. Commissioner Thomas stated he was under the impression this was simply to be the showroom with one single counter and it should cost only about $5,000 not $72,000. He thought all other personnel were to be housed in the Utility Customer Service Building. In response to a question from the City Manager, Mr. Warrington indicated there were currently five gas sales employees however, this number would be increased to ten once they are located at this facility. Commissioner Thomas felt they could be housed in the utility building at no charge. Ms. Deptula indicated that in looking for space for the Utility Customer Service operation, space had not been included for the gas sales individuals as they had planned to move them into a separate location. Commissioner Thomas questioned if the 1,000 square feet for retail was enough space for the appliances and the new gas business. Mr. Warrington indicated the space would be fully occupied and noted the City had the right of first refusal for adjoining space if it was found to be needed. He also indicated if there is approval for the franchise agreements in Pasco County, a sales office would be opened in that area. Commissioner Fitzgerald questioned if the total cost of $159,000 included the common area costs. Mr. Warrington indicated it did. Commissioner Berfield questioned if other sites had required the City improve the interior space. Mr. Warrington indicated he had found no facility that offered to do any renovations. Commissioner Berfield questioned only two locations having been considered. Mr. Warrington indicated they actively negotiated with only two locations, however, they contacted realtors and looked at a number of facilities. He stated they wanted a location close to the highway and inside the city limits. Commissioner Thomas questioned if this is the best location for the business. Mr. Warrington indicated it is. Commissioner Thomas moved to approve a 64 month lease agreement (June 1, 1994 to September 30, 1999) with ABS Properties, a Florida General Partnership, to lease office and showroom space in Campus Walk Plaza, 2551 Drew Street, Suite #304 in East Clearwater, at an estimated cost of $159,000 and the appropriate officials be authorized to execute same. The motion was duly seconded. Upon the vote being taken; Commissioners Deegan, Fitzgerald and Thomas and Mayor Garvey voted "Aye," Commissioner Berfield voted "Nay." Motion carried. Ms. Deptula requested that the contract for remodeling the sales space be continued but the portion for the work stations to be awarded to Pride be approved. Commissioner Thomas moved to approve a contract for six modular work stations to Pride of Florida, at an estimated cost of $23,448.70 and the appropriate officials be authorized to execute same and to continue award of a contract for the remodeling of the gas sales office and appliance showroom. The motion was duly seconded and carried unanimously. OTHER ITEMS ON CITY MANAGER REPORT ITEM #45 - (Cont. from 4/21/94) Modification to Pelican Walk certified final site plan located on the east and west side of Mandalay Ave., between San Marco St. and Poinsettia Ave. (B.J.E., Inc.)(CP) The applicants have requested the item be continued to June 2, 1994. Commissioner Berfield moved to continue this item to June 2, 1994. The motion was duly seconded and carried unanimously. ITEM #46 - Lease Agreement with Stone Buick, Inc. for city owned property commonly known as 1165 Cleveland Street, for the period 5/7/94-5/6/97, for $2,823.50 per month plus applicable taxes for a total lease rental to the City of $101,646 (PW) The City purchased the lease premises included in this lease agreement, except Lot 4, Janie Daniels Subdivision, from Anthony Distributors in 1980. Stone Buick, Inc. ("Stone") was renting the property from the seller on a month to month basis, and has continued to rent from the City since that time. The current lease commenced May 7, 1991 and expires May 6, 1994. Annual rent is $42,000, a total of $126,000 over the lease term. As a condition of the lease, Lot 4, Janie Daniels Subdivision was incorporated into the lease premises following its purchase from Skylark Opportunities, Inc. on June 24, 1991. When the present lease was agreed upon in 1991, the Tax Collector did not levy ad valorem taxes on municipal property, even if the property was leased to a profit making organization at market rent. Beginning in 1993, the Tax Collector levied gross property taxes of $11,302 on the premises. Stone was required to pay those taxes as a condition of the lease. Stone president, Richard N. Norris, felt the tax obligation, added to the rental and other lease obligations, made lease renewal too costly unless the new lease contained a degree of relief. The result is an annual rent reduction of $8,118, with Stone still obligated to pay ad valorem taxes that provided about $2,460 to the City in 1993. In summary: The Property Appraiser values the lease premises approximately 9.5% lower in 1994 than in 1991. Stone has agreed to renew its lease with an approximate total annual rental expense increase of $3,700. The City will receive approximately $5,600 less annually. The lease also contains a provision to allow the City to terminate the lease with 60 days notice should the Commission determine a municipal need exists for the property consistent with the City Charter. Commissioner Thomas stated he was against the lease as with all the negotiations going on regarding the Annex/East End properties, he did not feel there should be a lease on any portion of those properties. He stated the exit provision would not satisfy dealing with this property as a private enterprise would not be considered a municipal use. He also expressed concerns regarding the lowered rental rate due to Stone Buick having to pay taxes. Commissioner Deegan also disagreed with the lowering of the rental rate. He also was in opposition to committing the property for a three year lease. He expressed concern that the lease expires on May 6th and questioned the policy that leases be brought forward sixty days in advance. Ms. Deptula indicated she did not know why the lease was being brought forward at this late date. Commissioner Thomas moved to deny the lease on other than a month to month basis at the previously paid rental amount. The motion was duly seconded. Mayor Garvey stated she would be amenable to keeping the lease in effect for a year at the current rate. Commissioner Thomas was opposed to anything that committed the property for an extended period of time. Mayor Garvey stated this was not a part of the 15 acres being negotiated. Commissioner Deegan indicated the party has expressed an interest in increasing the size of the property at a later date. Mr. Baker questioned if there was any language with which the Commission would be comfortable. Mayor Garvey stated that the ability to terminate the lease without cause would address some of the concerns. Mr. Baker felt that deal would not be acceptable. Mr. Yauch pointed out that a portion of the taxes is coming back to the City. Commissioner Thomas expressed concerns that when other property owners are negotiating, their property has a high inflated value but when City property is being negotiated, it has a low value. He stated this Commission is not proposing raising Stone Buick's rent. He indicated it was not the Commission's fault that they have to pay taxes. Mr. Baker indicated the other party has indicated that a month to month lease is not acceptable and if the current rental rate is maintained, they will vacant the property. Commissioner Thomas withdrew his motion. The seconder withdrew the second. Commissioner Thomas moved to continue this item. The motion was duly seconded and carried unanimously. Commissioner Thomas moved to continue the current lease on a month to month basis at the same level of rent until additional negotiations are completed. The motion was duly seconded and carried unanimously. ITEM #47 - Other Pending Matters a) Receipt/Referral - CPD Zoning and conceptual Preliminary Site Plan for property located at 1297 S. Missouri Ave., F.E. Hanousek's Sub., portion of Lots 11 & 12 (Sears Roebuck & Co., Kash n' Karry Food Store, Z94-05)(CP) The subject property is located at the northeast corner of Missouri Avenue and Lakeview Road, and is zoned Commercial Center (CC). The applicant has submitted a Preliminary Site Plan with associated site data for the purpose of processing the zoning atlas amendment request for preliminary approval. The applicant proposes to raze the existing vacant Sears Roebuck Department Store building located at the existing Searstown Shopping Center to construct a 50,000 square foot "Kash n' Karry Superstore" with two outparcels. The proposed food store will include a pharmacy and an attached package liquor store. A conditional use permit must be obtained to permit package alcoholic beverage sales from the proposed food store and attached liquor store. In the past, the retail stores within the Searstown Shopping Center have had a valid parking agreement to use the Sears Roebuck Store parking; the parking agreement must be re-evaluated by the present owner of the subject property to determine the validity and current extent of it. The existing 7,900 square foot Sears Automotive Center building located on the southwest corner of the property is proposed to remain for a possible adaptive reuse, and is proposed to be utilized as an outparcel (#1) with associated required parking and landscaping. A second outparcel (#2) located at the northwest corner of the property (currently used for parking)) is ultimately proposed to have a 6,600 square foot building with associated required parking and stormwater retention. The two proposed outparcels are requested to be included in the overall CPD zoning request, but are proposed to follow the General Commercial (CG) zoning district numerical and dimensional code requirements for future development. The entire site is designed to reduce existing driveways on Missouri Avenue and Lakeview Road and to encourage internal traffic circulation within the proposed Commercial Planned Development and the remainder of the existing Searstown Shopping Center site. The applicant's engineer is coordinating driveway closures with the City Traffic Engineer. All required parking for the site is proposed to be located on-site for the proposed Kash n' Karry Food Store, and both outparcels will accommodate their respective required parking. The design provides for cross access traffic circulation with the existing parking area serving the remainder of the Searstown Shopping Center. A Declaration of Unity of Title will be required to ensure site design standards including signage are applied in accord with the Land Development Code, as the subject property is currently under one ownership. The project is exempt from Open Space Land Dedication fees as the proposed development is less than a 50% increase in the existing building square footage. All essential services are to be provided by the City of Clearwater. Planned Development zoning allows signage to be tailored to meet site conditions. In this case, staff recommends the Commission establish the following signage requirements for this property: two freestanding signs along Missouri Avenue frontage, with the primary site identification sign being 150 square feet and 20 foot tall and an auxiliary sign being 75 square feet and 20 foot tall; for the Lakeview Road frontage, one 75 square foot, 20 foot tall freestanding sign. Attached signage should be: for the primary site, attached signage in conformance with the requirements of CC zoning (up to 150 sq.ft. of attached sign area per road frontage per occupancy), and for the two outparcels, attached signage should be in conformance with the requirements for CG zoning (up to 64 sq.ft. of attached signage per road frontage per occupancy). Bruce Kashcheck of Tampa Bay Engineering, representing the applicant, reviewed the site as it currently exists and then presented their preliminary concept stating they will completely remove the existing Sears building. In its place will be constructed a 50,000 square foot super store. He stated the property will be brought into compliance with stormwater, landscaping and parking requirements. Cross easements and parking will have to be maintained with the remainder of the shopping center. He stated although on the original application they had requested CG signage, they wished to maintain the signage allowed in this CC zone. Commissioner Thomas questioned if the name of the entire shopping center was to be changed from Searstown. Mr. Kashcheck indicated this is part of on-going discussions. Commissioner Thomas moved to receive the request for CPD zoning and the conceptual preliminary site plan for the subject property and refer the zoning atlas amendment to the City Clerk to be advertised for public hearing, with the final CPD site plan to be returned to the Commission for final approval. The motion was duly seconded and carried unanimously. b) City Manager Contract The contract has been revised as directed at the May 2, 1994 meeting. Commissioner Berfield moved to approve the City Manager Employment Agreement with Elizabeth M. Deptula. The motion was duly seconded and carried unanimously. c) (Cont. from 5/2/94) Purchase of two 1994 Ford 4-door Explorer 4x2 and two 1994 Ford 4-door Explorer 4x4 from Carlisle Ford, St. Petersburg, FL, for $83,386; financing to be provided under city's master lease-purchase agreement with Security Capital Corp. (GS) Last year staff recommended purchase of two utility 4x2, 4-door vehicles and two utility 4x4, 4-door vehicles from State Contract. City Manager Wright felt this item should go out for bid and these vehicles were bid in June 1993. Due to vehicle model year changes and anticipated factory assistance in pricing, the bid was re-issued July 20 with a bid opening of August 13. On August 13, one bid was received which included a September 1993 cut-off date. Since staff was unable to obtain Commission approval in that time frame and the bid exceeded estimated replacement costs, a decision was made to await new State contract pricing and purchase the vehicles in fiscal 1993/94. Purchasing re-issued the bid with a opening of December 13, 1993. No bids were received. Bid No. 98-94 was issued with a opening date of March 16, 1994. This bid solicitation received one bid from Carlisle Ford. The 4x4 vehicles replace vehicles for the Police Department. The 4x2 vehicles replace a 1/4-ton pickup and a 1985 Chevrolet 3/4-ton crew cab pickup for the Public Works Department/Infrastructure/Pu lic Service Division. The vehicle specifications were changed to 2-wheel drive, 4-door, Jeep-type vehicles. The 1/4-ton pickup needs to be replaced with a vehicle that will give the supervisor the opportunity to carry more than one passenger and provide a dry storage area. Due to the acquisition of a maintenance fuel truck, the 3/4-ton pickup specifications were changed to transport personnel to the various job sites. This item was continued from the May 2, 1994 meeting in order to assure the vehicles were needed in the configurations as bid and the cost in excess of estimates was justified. The City Manager indicated the vehicles are desperately needed by the requesting departments. Commissioner Thomas moved to approve purchase of two 1994 Ford 4-door Explorer 4x2 and two 1994 Ford 4-door Explorer 4x4 from Carlisle Ford, St. Petersburg, Florida, for $83,386; financing to be provided under city's master lease-purchase agreement with Security Capital Corporation and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. d) (Cont. from 5/2/94) Purchase of one 1994 Chevrolet Corsica sedan (GS) This item was continued from the May 2, 1994 meeting to assure the vehicle is currently needed. It was found this purchase could be delayed therefore, this item is withdrawn. e) (Cont. from 5/2/94) Purchase of six 1994 chevrolet C-3500 1-ton 4x2 trucks with utility body from Ferman Motor Car Co., Tampa, FL, for $108,749.46; financing to be provided under city's master lease-purchase agreement with Security Capital Corp. (GS) These vehicles are used by the Gas System in its daily activities. Two of the six vehicles replace a 1986 Ford 3/4-ton truck with utility body and a 1987 Ford 1-ton truck with utility body. Four of these vehicles are additional equipment. Three are in the Gas System's Project Pinellas Expansion. The other vehicle is in the Gas System's Project Pasco Expansion. A mid-year amendment to transfer $54,374.73 from Gas Revenues into CIP project called Pinellas Expansion and $18,124.91 from Gas Revenues into CIP project Pasco Expansion will be submitted to fund these additional vehicles. Monies for these vehicles were originally included in the fiscal 1993/94 budget to be funded by a Gas System Expansion Bond issue. These bonds are now projected to be sold in the fourth quarter. The transfer of Gas Revenues for this contract is in effect a loan from the city cash pool and is anticipated to be an interim solution, as these monies will be reimbursed to the Gas Fund once the new bond monies are available and the Gas System Bond Funds established. This item was continued from the May 2, 1994 meeting to determine if the City could award the bid to Ford in order to begin standardizing the City's fleet. The City Manager reported the Ford trucks are no longer available. The trucks are needed for additional gas employees who have already been hired and are using old police cruisers to transport their equipment. Commissioner Thomas moved with regret to approve purchase of six 1994 chevrolet C- 3500 1-ton 4x2 trucks with utility body from Ferman Motor Car Company, Tampa, Florida, for $108,749.46; financing to be provided under city's master lease-purchase agreement with Security Capital Corporation and that the appropriate officials be authorized to execute same. The motion was duly seconded. Upon the vote being taken; Commissioners Fitzgerald, Thomas and Deegan and Mayor Garvey voted "Aye," Commissioner Berfield voted "Nay." Motion carried. CITY ATTORNEY REPORTS ITEM #48 - Resolutions a) Res. #94-25 - Temporary right of entry over portion of Frank Tack Park The Assistant City Attorney presented Resolution #94-25 and read it by title only. Commissioner Deegan moved to pass and adopt Resolution #94-25 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. b) Res. #94-33 - Demolition Lien - Lincoln Place, Blk 2, Lot 1 (Cromeadie/Hamm) The Assistant City Attorney presented Resolution #94-33 and read it by title only. Commissioner Berfield moved to pass and adopt Resolution #94-33 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 #49 - Other City Attorney Items The Assistant City Attorney announced the need for a closed attorney/client session in regard to Snair vs. the City and in regard to William Grady Thomas vs. the City. He indicated the Interim City Attorney and the City's Labor Counsel have indicated they are available all day on May 9th or at 8 a.m on May 16th. Ms. Rice indicated that Ms. Crumbley, representing the City's Labor Counsel, had given those two times, however, it did not mean that she might not be available at other times. Consensus of the Commission was to schedule the closed session regarding Snair vs. City sometime during the day on May 16th. (a notice was sent out subsequent to this indicating that the meeting was scheduled for 9:30 a.m. on May 16th) Mr. Lance reported he has distributed proposed language regarding sign variances for input from staff. ITEM #50 - City Manager Verbal Reports The City Manager reported she has distributed a report card to the Commission regarding improved communications. She requested the Commission complete the form and return it to her office. ITEM #51 - Commission Discussion Items - None. ITEM #52 - Other Commission Action Commissioner Berfield questioned what the Commission wished to do regarding the pavilion on the beach. Commissioner Thomas moved to reconsider the pavilion at the City Commission Meeting of June 16, 1994. The motion was duly seconded. Upon the vote being taken; Commissioners Berfield, Deegan, Fitzgerald and Thomas voted "Aye," Mayor Garvey "Nay." Motion carried. The City Manager questioned what information the Commission would want presented on June 16. It was indicated that information on possible sizes, costs for the different sizes and possible locations should be presented. Commissioner Thomas stated that many citizens have requested an ice cream/dessert facility be created on the upper deck of the Marina building. He requested the Commission consider allowing this and providing a right of first refusal to the food concessionaire already in the Marina building. Mayor Garvey questioned if the roof would support such a facility. Commissioner Thomas indicated the ability to do this would of course be subject to that. He indicated he has been told this would work. Commissioner Deegan stated this had come before the Commission before and a memo from Mr. Shuford had indicated a conditional use would be required. Mr. Shuford indicated the memo he had prepared provided information regarding impact fees that may be required and this has been addressed. He stated unless an alcoholic beverage license is desired, no conditional use approval would be needed. Commissioner Deegan questioned what prompted Mr. Shuford's memo. Mr. Shuford indicated Commissioner Thomas' request for the information. Ms. Deptula indicated a major problem could be ADA accessibility but a chair lift is already in the plans for the Marina building. It was the consensus to direct the City Manager to proceed to do a feasibility study regarding the implementation of an ice cream/dessert facility on the upper deck of the Marina building. Commissioner Thomas stated he was very concerned regarding the negotiations with Western Reserve Life for the Annex property. He requested the Commission give them a 30 day deadline in which to provide a letter of intent. Commissioner Deegan questioned if Commissioner Thomas was wanting to call back the contract with Mr. Justice who is assisting with the negotiations for the City. Commissioner Thomas indicated he did not wish to recall him but he wished to get the deal resolved. He stated he wanted Western Reserve to say within 30 days what they want. Commissioner Deegan felt Mr. Justice and the city team should be allowed to continue their work. He stated he had no problem with indicating the Commission would like speedier action. Commissioner Fitzgerald expressed concerns saying he was not happy with the situation as he was not being kept informed regarding the negotiations. He stated he did not want something "laid in his lap" saying here is what has been negotiated. He agreed with the Coalition of Homeowners that the City should not build and lease the property to Western Reserve. He said it bothered him that the City would consider being the bank and builder. He was very concerned the negotiations would be pressed and then suddenly, the Commission would be told a decision was needed. Commissioner Deegan reported it has been indicated that negotiations are not taking place, rather discussions regarding options are occurring. He indicated it was not fair for Commissioner Fitzgerald to say he was unaware of what was going on as Mr. Gozza has kept the Commission informed. Commissioner Fitzgerald indicated he did not know many of the things that he read in the paper this morning regarding what Western Reserve has indicated they expect of the City regarding downtown development. Commissioner Deegan indicated this was because the discussion team did not give any credence to the list and did not find it germane to the discussions. Commissioner Deegan further stated it is not correct to say the City has offered anything to Western Reserve as no offers have been made. He reported Western Reserve is looking for their best deal. Mayor Garvey stated she would like to get serious regarding the negotiations. Commissioner Thomas stated that while he is very willing and able to negotiate today, he may not be so next month. He stated he had not seen the list of Western Reserve's requirements prior to yesterday. Commissioner Berfield stated she could see both sides and indicated discussions are taking too long. She stated she felt the Commission should indicate to the team that the Commission is getting tired of the delays and reading things in the paper. She stated everyone is becoming confused and uncomfortable with the situation. She said at some point the City may have to say to Western Reserve "Fine, go where you want." Commissioner Thomas stated that is the point he was trying to make. He stated in 30 days he wanted the property actively marketed on the open market. Commissioner Deegan indicated the property was already being marketed to the world. Consensus of the Commission was to direct Mr. Gozza to pursue other leads regarding possible purchase of the property and that the team should continue negotiations with some urgency. Commissioner Fitzgerald reported that at the Mayor's Council, Mayor Fisher of St. Petersburg and a representative of Mayor Freedman of Tampa kicked off an Anti-Hate campaign. The campaign's effort is to counter hate crimes. He stated the Mayor's Council passed a resolution in support of the campaign. Commissioner Deegan questioned if the Commissioners had seen the spot on Channel 8 in which Pat Lokey and Peter Gozza were interviewed regarding activity in downtown Clearwater. The remaining Commissioners indicated they had not. Commissioner Deegan requested the tape of the spot be brought and shown to the next CRA meeting. He also requested a copy be sent to Western Reserve. He reiterated a lot of things are happening downtown. Commissioner Deegan referenced a memorandum from H. M. Laursen, Human Resources Director, regarding the assessment center used during the last hiring procedure for City Attorney. He suggested it be passed on to the City Attorney Selection Committee and their input be solicited as to its appropriateness. Commissioner Deegan asked Ms. Rice her opinion regarding the letter from Hildebrandt in response to the City's request that they complete their contract. Ms. Rice indicated she is waiting for a letter from Mr. Cloud and she will then consult with the Interim City Attorney. She stated if she has not received Mr. Cloud's letter by the next meeting, she will call him. Commissioner Deegan indicated he wants Ms. Rice to comment on what she thinks regarding the Hildebrandt comments. Ms. Rice indicated she will report at the next meeting. Ms. Deptula questioned if the Commission wished to discuss a name change for the Bayfront Mart/Maas Brothers building. Commissioner Deegan indicated he felt this should wait for the staff report regarding the first and third floors of the building. It was the consensus of the Commission that staff put together a list of names that have been submitted. Mayor Garvey referenced a letter received from Paul Polgar regarding the change in the SR60 sign at Highland Avenue where the word "beaches" has been removed from the directional sign to the downtown area. She stated the letter indicates that since beaches has been removed, business has dropped noticeably in this corridor. Ms. Deptula indicated she had already asked staff to put the word beaches back up on the sign and to monitor its impact. Mr. Yauch indicated when parking was instituted on Cleveland Street in the downtown area, spring break occurred within a couple of weeks and there were major congestion problems. He stated when the word beaches was removed, it resolved some of the congestion. He felt putting the word beaches back up at this time would not be harmful. Commissioner Thomas suggested the word beaches be put back up at least until the construction on Court Street is completed. He stated after that project has been completed, traffic counts could be done with the word beaches on the downtown directional sign and with it off. It was the consensus of the Commission that the word beaches be put back on the sign. Mayor Garvey requested it be made clear that this may not be a permanent situation. ITEM #53 - Adjournment The meeting adjourned at 8:48 p.m.