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08/01/1994 CITY COMMISSION MEETING August 1, 1994 The City Commission of the City of Clearwater met in regular session at City Hall, Monday, August 1, 1994 at 10:45 a.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 William C. Baker Assistant City Manager Alan S. Zimmet Interim City Attorney (Departed at 10:52 a.m.) Miles A. Lance Assistant City Attorney (Arrived at 10:59 a.m.) Cynthia E. Goudeau City Clerk The Mayor called the meeting to order and led the Pledge of Allegiance. The invocation was offered by William C. Baker, Assistant City Manager. 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 - Interim City Attorney Report Commission Fitzgerald expressed concerns regarding a complaint sent by the state chapter of the American Institute of Architects (AIA) regarding the City's contract with Dean Rowe for the Municipal Services Building. Interim City Attorney Zimmet stated he previously replied to Mr. Lafferty of the local chapter that Dean Rowe was hired under the Consultants Competitive Negotiaion Act (CCNA). He reported AIA contends the architectural services should have to be bid again after changes were made and the project was not longer design build. Mr. Zimmet reported AIA cited no legal precedence to support this opinion. He stated Mr. Rowe was hired under CCNA and there was no need to redo the bids because the scope changed. He said he will respond to the State AIA with the same opinion. He indicated the written opinion by the Tallahassee attorney includes no precedence. Copies of the responses to Tallahassee and Mr. Lafferty will be provided to the Commission. ITEM: Presentation: Award from Private Industry Council for City's Youth Summer Employment Program Sarah K. Snyder, President of the Pinellas Private Industry Council, reported the Youth Summer Employment Program officially ended Friday, July 29, 1994. A written report and final evaluation will be forwarded in six weeks. She stated the program was extremely successful and 105 employer pledged 125 jobs, representing more opportunities than funding. Of the 112 young people employed, 108 completed the program. She said the young people and employers were excited about the program. She reported some participants were offered permanent jobs. Ms. Snyder presented the Commission an Appreciation Award. A slide presentation highlighted participating businesses and views of young people engaged in a variety of work duties. The Mayor expressed gratitude for WorkForce's program, the commitment exhibited by the business community and the enthusiasm of the youth who participated. ITEM #5 - Approval of Minutes - July 18, 1994 Commissioner Deegan noted on page 15, lst full paragraph, that while he had said lap top computers had been purchased each year as indicated in the minutes, the Police Department had reported this was not the case. He requested this also be included in the minutes. He also requested on page 26, 2nd paragraph, the last sentence include that the comprehensive reclaimed water plan the Commission approved in 1989 included not only an intention to research the most cost effective reclaimed water system but to also implement same by 1995. Commissioner Deegan moved to approve the July 18, 1994 minutes, as amended. The motion was duly seconded and carried unanimously. ITEM #6 - Presentations a) Community Relations Board - Annual Report Herb Frietag, Chair, stated the Community Relations Board (CRB) was created by ordinance and has a two fold purpose: to support the Human Relations and Community Relations, and be proactive to prevent problems. He noted the number of intakes had dropped from 1991/92 to 1992/93 to 231 intakes, down from 291. Recent increases are due to the implementation of the American Disability Act. Mr. Frietag stated Community Relations is funded by annual contributions of $95,500 from Pinellas County, $18,000 from HUD, and $82,000 from EEOC for a total budget of $195,500. The CRB supports Human Relations in its function. He reviewed the process followed when charges of discrimination are filed. He noted the advantage of local, efficient, attention to problems of discrimination. Support staff attempts to work with the community and prevent discrimination before it occurs. He reported cases are quickly addressed thanks to local support. Mr. Frietag complimented staff. b) Unsafe Building Abatement Program Vic Chodora, Assistant Director of Central Permitting, presented a map highlighting buildings identified as unsafe. He reported 83 structures have been addressed: 26 have undergone renovation; 37 were demolished by the owners or by the City with the owners' permission; and 20 were razed involuntarily. Demolition costs will be recouped by filing liens against the properties. A video of the demolition of two structures was shown. Mr. Chodora noted the buildings cited did not meet minimum code, contained structural deficiencies, were determined to be unsafe and were vacant for at least one year. Property owners were initially notified four months prior to demolition followed by continuous notifications. Weekly reports have related staff progress. Commissioner Thomas complimented the program and stated he was most impressed with the homes that were refurbished or replaced with new infill housing. He noted the improvement and upgrade to affected neighborhoods. Commissioner Thomas commended the Legal Department and staff and stated this has been one of the most successful rehabilitation programs the City has entered. He requested staff expedite selection of the next 100- 200 sites. He said as the program picks up steam, the landscape of the City will further improve. Vic Chodora said 147 structures are now on the list. Staff is continually adding to the list as applicable properties are identified. He noted the key factor to this project is rebuilding and revitalization. He reported his Department works with the Community Response Team to address the structure and debris and/or overgrown vegetation on the entire site. c) Old Clearwater Bay Neighborhood Patrol As follow-up to the "Weed and Seed" strategic plan, Chief Klein has completed negotiations to rent a storefront at 1710 N Ft. Harrison Ave. at a reduced rate on a month-to-month basis for the "Old Clearwater Bay Neighborhood Patrol." Contraband forfeiture funds will pay for rent, minor renovations and equipment acquisition. Initially, the project will be staffed by one sergeant, two officers (existing positions) and a number of "Project Nucops" participants. Operations are targeted to begin October 1, 1994, followed by a grand opening. Chief Klein reported the Strategic Plan, submitted July 15, 1994, sought to reduce crime, primarily in the N Greenwood area. This approach was expanded to include S Greenwood and the N Ft. Harrison corridor. He met with the Old Clearwater Bay Association who expressed a desire for a mini station in their neighborhood. Chief Klein reported the new station is almost ready. Officers with pagers from this mini-station will patrol from Garden Avenue west to Clearwater Harbor, from Cleveland to Sunset Point. He stated this would also be the location for the Pinellas Trail patrol. He reported a grant will be used to implement a similar mini-station at Ross Norton Park in the S Greenwood area. Commissioner Deegan commended the Police Department's proactive approach in working with the people in that neighborhood. The Mayor felt this action represented an innovative response to community needs. Chief Klein expressed thanks to the Old Clearwater Bay Association. ITEM #7 - Citizens to be heard re items not on the Agenda - None. CITY MANAGER REPORTS CONSENT AGENDA (Items #8-12) - Approved as submitted less Items 8, 9, & 10. ITEM #8 - See Page 4. ITEM #9 - See Page 5. ITEM #10 - See Page 6. ITEM #11 - Contract to provide architectural services for the Countryside Community Recreation Center Project to Bitterli and Associates Architects, Inc., to be constructed at Countryside Community Park for a lump sum of $108,000 for basic & required services and an allowance of $27,000 for other services for a total amount of allowance of $135,000 (PR) ITEM #12 - Contract to purchase double detector check valve assemblies from Ferguson Underground, Tampa, FL, for the period 07/22/94- 07/21/95, at a total estimated $63,385 (PW) Commissioner Thomas moved to approve the Consent Agenda as submitted less Items 8, 9, & 10 and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. ITEM #8 - Third Amendment to lease agreement for Spoto International & J and D International, deleting rooms 24 & 25, and adding room 29 (MR) On April 30, 1994, Larry R Beard, CPA, d/b/a Dockside Accounting, PA, relinquished Room 29 in the Marina Building. On May 23, 1994, Marina Building tenants were given first opportunity to bid on the 208 square foot Room 29. Bids included: Spoto International & J&D International for $15.05; David Petrik for $14.01; and Carter Communications, Inc. for $12. In addition to the square foot rate, the lessee must pay $50 per month for electric service. Should the City meter the room, the lessee will pay Florida Power Corporation for electric utilities. The bid from Spoto International included a condition that they retain Room 28 and relinquish Rooms 24 & 25. On May 31, 1994, Marina Building tenants were given first opportunity to bid on Rooms 24 & 25, with a total 375 square feet. The only bid received was from David Petrik, DDS, for $12/square foot which staff recommends. Under this amendment, Spoto International & J&D International will pay $443.87 per month, plus tax for Rooms 28 & 29, plus an advance deposit of $260.87 for Room 29. They will pay $75 a month ($50 for Room 29 and $25 for Room 28) for electric usage. They also will pay all taxes, insurance, and maintenance costs inside the rooms. The Lease Agreement for Spoto International & J&D International will expire April 30, 1997. All of the terms and conditions of the Lease Agreement shall continue in full force and effect except as amended herein. Commissioner Thomas expressed concerns that the Marina Building is run like a "good ol' boys' club." He stated the City does not go out to the marketplace and attempt to attract "fresh blood." Harbormaster Bill Held disagreed, stating when space in the building becomes available, existing tenants are invited to bid. He noted some rooms are little more than closets. He felt $12/square foot was a good price for a second story tenant. He stated in the past tenants have been permitted to move from one room to another. Commissioner Thomas questioned why the dentist offered $14.01/square foot for Room 29 but only $12/square foot for Rooms 24 & 25. He questioned how the value of the building was determined and noted the City's investment in architectural improvements. He questioned how aggressive staff is in attracting new tenants. He questioned why staff set a minimum of $15/square foot for the 1st floor when one tenant is already paying $18/square foot. Mr. Held indicated the City could not get $18/square foot for every 1st floor room. Commissioner Thomas suggested staff is not aggressive enough. Commissioner Fitzgerald noted $12/square foot seemed to be the minimum rent paid by most tenants with the exception of the US Post Office and Beach Views. Mr. Held indicated as leases expire, staff will review each one and attempt to get the best price for the space. Bob Bickerstaffe noted other buildings may charge higher rates but are often empty. He stated the Marina Building is never empty and he preferred seeing it full at lower rates. Commissioner Deegan moved to approve the third amendment to the lease agreement for Spoto International & J and D International, deleting rooms 24 & 25, and adding room 29. The motion was duly seconded. Upon the vote being taken, Commissioners Fitzgerald, Berfield, and Deegan and Mayor Garvey voted "Aye;" Commissioner Thomas voted "Nay." Motion carried. ITEM #9 - First Amendment to lease agreement for David Petrik, DDS, d/b/a Marina Dental & Denture Clinic, P.A., adding rooms 24 & 25 (MR) On April 30, 1994, Larry R Beard, CPA, d/b/a Dockside Accounting, PA relinquished Room 29 in the Marina Building. On May 23, 1994, Marina Building tenants were given first opportunity to bid on the 208 square foot Room 29. Bids included: Spoto International & J&D International for $15.05; David Petrik for $14.01; and Carter Communications, Inc. for $12. In addition to the square foot rate, the lessee must pay $50 per month for electrical service. Should the City meter the room, the lessee will pay Florida Power Corporation for electric utilities. The highest bid from Spoto International & J&D International included a condition that they retain Room 28 and relinquish Rooms 24 & 25. The amendment to Spoto International & J&D International is recommended under Agenda Item #8. On May 31, 1994, Marina Building tenants were given first opportunity to bid on Rooms 24 & 25, with a total 375 square feet. The only bid received was from David Petrik, DDS, for $12/square foot. Under this amendment, David Petrik, DDS, will pay $1,150 per month, plus tax for Rooms 20, 21, 22, 23, 24, and 25, plus an advance deposit of $375 for Rooms 24 & 25. He will also pay $100 a month for electric usage. He will pay all taxes, insurance, and maintenance costs inside the rooms. The Lease Agreement for David Petrik, DDS, expires May 31, 1997. All of the terms and conditions of the Lease Agreement shall continue in full force and effect except as amended herein. Commissioner Thomas noted he has the same concerns regarding this item as he had regarding Item #8. Commissioner Berfield moved to approve the first amendment to the lease agreement for David Petrik, DDS, d/b/a Marina Dental & Denture Clinic, P.A., adding rooms 24 & 25. The motion was duly seconded. Upon the vote being taken, Commissioners Fitzgerald, Berfield, and Deegan and Mayor Garvey voted "Aye;" Commissioner Thomas voted "Nay." Motion carried. ITEM #10 - Agreement with the School Board of Pinellas County to provide for the School Resource Officer (SRO) program, for the 1994/95 school year at Clearwater & Countryside High Schools (PD) Under terms of the agreement between the Pinellas County School Board and the City, Clearwater will provide law enforcement and related services to Clearwater and Countryside High Schools during the regular school year. For three years, assigned officers will instruct law education classes, serve as resource persons, conduct investigations, provide security, maintain the peace, make arrests, and provide support services as necessary. In terms of duties and responsibilities, this agreement is consistent with prior agreements between the City and Pinellas County School Board. The agreement increases the City's reimbursement for the 1994/95 school year by 5% from a base salary of $27,482 per School Resource Officer (SRO) to $28,856.10 for a total, $57,712.20. Payments are to be made quarterly. The reimbursement per SRO is the same for all Pinellas County Police Departments and was negotiated by a committee of police department representatives and the Pinellas County School Board. Overtime costs related to school functions will be reimbursed to the City by the School Board. Actual costs to the City for providing SROs at Clearwater and Countryside High Schools total $74,019. The difference between actual costs and the amount reimbursed is offset by the Police Department's obligation to provide service to the schools if the SRO program did not exist and from benefits the Department derives from the SRO program. Commissioner Deegan stated as a general recommendation, when the Commission is asked to renew an existing program, a report outlining that program's accomplishments should be furnished. He questioned how frequently SROs make arrests, how much time they spend teaching, counseling, and in court, what they are accomplishing, and how the program has affected truancy. He requested information on how the Police Department derives benefits from the SRO program and questioned why SROs are provided patrol cars. Chief Klein reported from 1992 to YTD 1994, Clearwater SROs spent 189 hours instructing 3,024 students, counseled 1,828 youths, physically arrested 34 students and 48 non-students, made 72 student referrals, submitted 118 intelligence and 296 criminal reports, apprehended 521 truants, attended 168 Students Against Drunk Driving meetings, 108 other meetings, 244 youth motivator meetings, 122 athletic events and 44 other events. The SROs provided 422 in-house assists and 246 assists to other agencies, provided 262 morning and afternoon traffic controls and 517 daily lunch duties. They randomly patrolled adjoining neighborhoods 208 times, assisted school administration 966 times and parents 327 times. SROs were provided 26 training sessions at the Police Department and spent 32 hours on Computer Based Training away from the schools. Chief Klein indicated the Police Department benefits from the SRO program through the large amount of intelligence gathered at the schools. He indicated a day burglary ring was cracked based on information gathered through this program. Chief Klein reported the main benefit of the patrol vehicles is their visual presence on the campuses. He noted SROs need to transport children in an emergency, drive through surrounding neighborhoods to search for truants, patrol the vast school grounds, provide on-duty transportation to and from court and the Juvenile Detention Center if needed for arrestees, witnesses, and victims. Commissioner Deegan noted crime statistics would probably be more negative without the SROs' presence. Commissioner Thomas moved to approve the three-year agreement with the Pinellas County School Board to provide for the School Resource Officer program, for the 1994/95 school year at Clearwater & Countryside High Schools. The motion was duly seconded and carried unanimously. OTHER ITEMS ON CITY MANAGER REPORT ITEM #13 - Beautification Committee - 1 appointment (CLK) Commissioner Thomas moved to appoint Sheila Cole. The motion was duly seconded and carried unanimously. ITEM #14 - Library Board - 1 appointment (CLK) Commissioner Thomas moved to appoint Harvey Alexander. There was no second. Commissioner Deegan moved to appoint Lucille Weiss. The motion was duly seconded and carried unanimously. ITEM #15 - Town Meetings schedule for 1994/95 (CLK) Town Meetings scheduled for 1994/95 include: Martin Luther King Center - October 27, 1994; Morningside Recreation Center - November 15, 1994; Memorial Civic Center - March 21, 1995; and Countryside Library - April 18, 1995. All meetings commence at 7:30 p.m. Commissioner Berfield stated the Joint Partnership Meeting may be scheduled for April 18, 1995. The City Clerk stated she would review that date for possible conflict. Commissioner Fitzgerald moved to approve the 1994/95 Town Meeting schedule. The motion was duly seconded and carried unanimously. Commissioner Deegan recommended changes be made to the format. He noted most meetings have poor attendance and include the same messages and complaints from the same people. He proposed the Commission address issues with special import to that part of town and generate discussion. He suggested a public relations effort be undertaken prior to the next meeting. It was the consensus to discuss this recommendation in September. ITEM #16 - Other Pending Matters a) Status Report re Cable Franchise and other developments Don Williams of Rice Williams stated their negotiations with Vision Cable began in late fall 1993. Rice Williams conducted local workshops to inform the public about federal rate regulations, local programming opportunities, telecommunication systems, and cable. The company surveyed 400 consumers regarding their level of satisfaction with the cable system, services, repairs, and programming. They surveyed organizations, community groups, and government departments regarding anticipated future communication needs. They performed an onsite technical analysis of Vision Cable's system, inspected 10% of the plant, and completed 16 site tests. He noted Vision Cable was extremely cooperative. The compliance analysis is underway and almost complete. Based on the findings, Rice Williams is preparing to draft an ordinance. The Request for Renewal includes what Rice Williams thinks the residents, organizations, and City wants based on concerns determined by research. The lengthy document was sent to Vision Cable on July 8, 1994 and is due in a month. Renewal is not competitive but the cable company must prove they possess the technology to meet the community's future cable needs. He reported Vision Cable plans to upgrade their system. When the proposal is returned, Rice Williams will analyze it for consistency and if it meets the needs of the citizens. An evaluation report will be issued, and if it is favorable, Rice Williams will enter the negotiation process for renewal of the franchise. Mr. Williams stated the process is approaching a rapid conclusion. Mr. Williams reported all bills in Congress could impact the future. He noted 26 video dial tone applications have been filed with the FCC. The first one, in Delaware, was approved last week. He indicated GTE's application is being evaluated. Commissioner Fitzgerald expressed particular interest in legislation passed in the US House of Representatives on June 28, 1994. He questioned what passed and requested Mr. Williams to comment. Mr. Williams characterized the passing of the bill as a steamroller vote allowing the telephone companies to engage in certain manufacturing capabilities plus enter the cable marketplace. There was an attempt to add City rights to the legislation. Cities are concerned no franchises are required. He felt this made the playing field not level. He indicated large differences exist between the House and Senate bills. Since the Bell companies have broken off negotiations with the Senate and that bill is hung up in Committee, it is unclear if the final bill will match the House bill that passed. Mr. Williams stated Vision Cable was found to match the rules regarding their rate structure. He noted it is impossible to determine if the ala carte rules were met, due to the FCC's delay in clarifying the rules until Fall 1994. He reported a second ruling on video dial tone is expected in the Fall and will clarify the granting of franchises and fees. Commissioner Fitzgerald questioned how these new rulings will impact local service and fees. Mr. Williams stated he was not sure because they were not yet law. He said Rice Williams' decisions are based on present law, including the 1992 Cable Act and FCC rulings. Commissioner Fitzgerald noted any changes in the law could have significant impact. He requested the Commission be kept informed of any changes. Mr. Williams said they will do their best. Commissioner Thomas questioned if the City made a tentative proposal. Mr. Williams explained the Request for Proposal is for renewal and is only sent to Vision Cable. He added it includes minimal requirements. Commissioner Thomas said he did not recall seeing the proposal and expressed concerns the Commission was not given the opportunity to review and discuss it prior to its submittal to Vision Cable. He questioned if the City had the right to demand Vision Cable provide free basic cable service. Mr. Williams stated the City could demand free basic cable at select public buildings but could not require the company to provide free basic cable at residences. Mr. Williams stated the City could require Vision Cable to offer customers the option of installing a switch to shift their TV from cable to an antenna. Commissioner Thomas questioned if the City can require Vision Cable to provide free access to government programming to all citizens. Mr. Williams replied the City can require the company to provide a public facility but cannot force a cable company to wire homes and provide no cost service. Mayor Garvey noted the City receives revenues from the sales of these services. Commissioner Thomas questioned if the City could negotiate a position where franchise fees are used to help offset the basic service fees charged citizens. Mr. Williams indicated the City can use franchise fees as they choose. He reported the FCC regulates rates. Commissioner Thomas questioned the manner in which franchise fees appear on customers' bills. Mr. Williams stated how it appears depends on when it was imposed and which FCC rules were in effect at that time. Commissioner Thomas questioned if the City is allowed to receive a franchise fee on cable's advertising revenue. Mr. Williams agreed and stated the cable company's gross receipts could be totaled to track revenue. He noted one of the proposed laws Commissioner Fitzgerald is concerned with would only address the entertainment component and not advertising. Commissioner Thomas questioned if the City had ever received these revenues. Mr. Williams stated that had not been analyzed. City Manager Elizabeth Deptula stated the Internal Auditor will review this matter. Commissioner Thomas questioned if the City had a right to collect on the advertising revenues collected on national programming. Mr. Williams indicated that was a position taken by other cities. He said it is difficult for cable companies to track sales of national advertising. Commissioner Thomas expressed a desire to pursue all streams of income possible. Mr. Williams stated they will try to get the maximum. Mayor Garvey indicated the City Manager sent a memorandum to Commissioners on July 8, 1994 listing the major items included in the Request for Renewal. Ms. Deptula said because she did not hear back from any Commissioner regarding this item, she did not bring it to the Commission for discussion. Commissioner Berfield expressed concern regarding the inability of cable subscribers to access local programming when the cable is offline. She questioned if the basic fee includes a charge for local programming. Mr. Williams noted nationally, few local networks have been successful at charging cable operators for programming. He stated few subscribers would request a switch on their cable because few people still have an antenna. He reported an equipment charge for the switch is allowed by FCC rules. He stated cities' ability to negotiate rates is limited by FCC rules to basic cable and equipment fees. Commissioner Thomas questioned how far back the City can go in collecting unpaid fees. Mr. Williams indicated the maximum length of time is five years. Commissioner Thomas questioned if the City should conduct an audit every five years. Mr. Williams stated he would try to work out a form to help the City identify revenue streams. Alan Zimmet returned to the meeting from 12:15 to 12:18 p.m. to report he had advised John Hubbard, Allen Stowell's attorney, of the direction the Commission provided at the closed attorney/client session held earlier in the morning. Mr. Hubbard reported Mr. Stowell is agreeable to forgo the impact fee issue at this time if the City agrees to pay the additional $24,594. The City Manager indicated this would make the total amount to settle this issue $52,594. In response to a question from Commissioner Fitzgerald, Mr. Zimmet indicated it was estimated eminent domain proceedings would cost $45,000. Mayor Garvey and Commissioner Fitzgerald expressed concern regarding the need to conclude this in a timely manner and that no other conditions be added. Mr. Zimmet reported he indicated to Mr. Hubbard the settlement document and easement would have to be conclusive and a time frame for having the documents signed would be required. Mr. Hubbard agrees. Mr. Zimmet felt the easement could be prepared and signed within seven to ten days. Commissioner Thomas moved to rescind the prior motion made in the attorney /client session held August 1, 1994, and to accept the latest offer of settlement between Allen Stowell and the City of a not to exceed amount of $52,594, with the items that make up that $52,594 as previously discussed and put in writing, and that the documents be executed and completed within no later than seven days from the conclusion of this motion, and, if not, it immediately goes to court for eminent domain. The motion was duly seconded and carried unanimously. b) Florida Gulf Coast Art Center The Florida Gulf Coast Art Center is a visual art institution, essentially educational and aesthetic in nature, with the purpose of enhancing visual arts appreciation and understanding through: 1) the acquisition and care of a permanent collection of contemporary art created by Florida artists since 1960 with special focus on fine contemporary craft media objects from the Southeastern United States; 2) the presentation of a high quality and diverse exhibitions schedule with supportive adult education and school programs; and 3) the coordination of a significant teaching program serving professional and aspiring artists of Florida and the Southeastern United States with fine art, craft, and interdisciplinary classes, workshop and associated programs. The Art Center's economic impact is estimated to be up to $4 million per year and includes new employment (18 full-time, 5 part-time staff), 500 volunteers, and 1,500 members drawn to its home base, operating costs, special events and related spending on restaurants, retail, hotels and services. According to the Business Committee for the Arts, for every $1 spent on the arts, more than $4 are generated through restaurants, hotels, retail, transportation, parking revenues, etc. The Art Center's annual operating budget is projected to be $1 million. The Center expects to attract 100,000 residents and tourists to downtown Clearwater and its businesses, generating more spending and taxes. Scott Shuford, Central Permitting Director, has indicated sufficient space for the proposed Art Center and associated parking is available at the foot of the bluff adjacent to Pierce Street. The entire area at the foot of the bluff in front of City Hall would not be required to accommodate the center and parking. Meeting "clear space" requirements and avoiding impact on the force sewer main from Clearwater Beach will require careful site design. A two story design was recommended due to site constraints. Construction of the 40,000 square foot, $5 million building will generate new jobs immediately. Ken Rollins, Executive Director of the Florida Gulf Coast Art Center, indicated during the past six months, the Board of Trustees has reviewed sites. They are committed to make a decision by September 30, 1994. Mr. Rollins stated many people do not understand that Art is major industry in the country. He said the Local Arts Council consists of 82 organizations and is responsible for a $68.7 million impact on the county. He indicated there is support from the general public. He noted the greatest impact is on the community where is center is located. Studies indicate cultural tourists stay longer and spend more money than others. He noted the positive impact the Art Center would have on the revitalization of Downtown. He presented slides of Lakeland, Florida, that illustrated the positive impact the $5 million Folk Art Museum had on Lakeland's Downtown. He said the Museum was not the only factor, but indicated it was a catalyst for the $40 million reinvestment in Lakeland's downtown that changed it to a vibrant district. Mr. Rollins noted the Florida Gulf Coast Art Center's strong commitment to educate children and adults in classes to be held at the center. A 300 seat Performing Arts auditorium will provide many opportunities for festivals. He felt the Center will improve the fabric of the community. He reported a recent arts festival in Lakeland drew 60,000 people that resulted in a $2 million impact on the community. Peter Gozza, Executive of the Community Redevelopment Agency, reported the City Manager, Assistant City Manager, Deputy City Manager, and the Director of Central Permitting had worked with him in identifying possible sites. After considering a number of City owned sites, City Hall or the area at the foot of the bluff were chosen as possible locations for the Center. Mr. Gozza recommended the City negotiate as long a lease as possible for the property below the bluff at $1 per year, a $50,000 donation for start up fees, and forgiveness of approximately $56,000 in impact fees and permits. Mayor Garvey expressed concerns regarding adequate parking. Mr. Gozza indicated both sites had sufficient space for the required 160 spaces. Mayor Garvey questioned if the City Charter requires a referendum. Mr. Gozza agreed. Commissioner Thomas spoke in opposition to using the City Hall as the Art Center. Commissioner Fitzgerald disagreed and stated City Hall looks like a museum and should be used for that purpose. Mayor Garvey noted the Historical Society had expressed interest in relocating to City Hall. Commissioner Deegan expressed his support for locating the Art Center at the bottom of the bluff. He noted this is clearly a referendum issue. He stated although the previous referendum to locate the Art Center on the Maas Brothers property failed, there were enough votes in favor of the proposal to demonstrate a lot of interest of locating the Art Center in Clearwater. In response to a question by Commissioner Berfield, Ms. Deptula reported the previous referendum called for the Art Center to purchase the Maas Brothers site for $750,000, the City to pay approximately $600,000 to demolish the building, and the Art Center to construct a new building within the Maas Brothers building footprint. In response to a question by Commissioner Deegan, the City Clerk reported a referendum could be placed on the November ballot if the language is forwarded to the Supervisor of Elections by September 16, 1994. She noted that ballot has limited space and the referendum's inclusion cannot be guaranteed. In response to a question by Commissioner Berfield, Mr. Baker confirmed there would be enough parking for either of the two sites. Commissioner Berfield noted everyone agrees the Art Center would be a blessing. She questioned which other sites were considered. Mr. Gozza replied the redevelopment area was reviewed and City owned properties identified. Other spaces contemplated include the Main Library's parking lot and the East End (Annex) property. Commissioner Fitzgerald questioned if privately owned property was considered. Mr. Gozza indicated the 7-acre Dimmitt property was considered. He noted the City is not able to negotiate regarding a private property. He noted the Center's reluctance to negotiate for private land because of their need to raise $5 million for construction. He stated the Center would provide Downtown with another anchor. Commissioner Berfield expressed her wish that the Center reconsider the Annex site and stated her preference for the bottom of the bluff site over City Hall. Mayor Garvey stated her support for the City Hall site but said she would support either location. Anne Garris questioned the "handing out" of City property for $1 a year. She stated she had worked hard to pass the previous referendum to locate the Art Center on the Maas Brothers property. She suggested other sites may be available and spoke against reaching this important decision too quickly. She said she was very much in favor of the Art Center but noted how citizens feel about the bluff. She spoke against a $1 a year rate and recommended the Center pay their way. Bob Wright indicated he had no problem with the Art Center but agreed with Ms. Garris' objection to the $1 a year fee. He suggested other pieces of land would do. He spoke in favor of selling property to the Art Center and then letting them build. Mr. Gozza stated the East End will eventually provide the City with tax revenues and recommended locating this non-profit institute on tax exempt property. Desmond Buzzel spoke in support of locating the Art Center in Clearwater but recommended a search for another location. He opposed using City Hall but would support the bottom of the bluff. He was against a $1/year lease and suggested the City attempt to secure as much revenue as possible. Mr. Rollins reported other cities competing for the Center have offered leases of $1 a year. He noted around the country, cultural facilities are located on prime locations. He stated the importance of understanding and appreciating the value of an Art Center. Commissioner Berfield recommended continuing this item until Thursday night to allow more citizen input. Mr. Gozza agreed there was no compelling reason to reach a decision today. Commissioner Fitzgerald indicated there was not much time before Thursday to properly advise citizens. Mr. Rollins stated the Florida Gulf Coast Art Center's Board of Trustees will meet August 16, 1994, the third Tuesday of the month. Commissioner Thomas recommended public input be scheduled for the August 18, 1994 Commission meeting. Mr. Rollins indicated he will discuss this with the Board's President and call a special meeting following their regularly scheduled one if needed. Commissioner Berfield moved to continue this item until August 18, 1994, and for it to be scheduled early in the meeting. The motion was duly seconded. Commissioner Thomas requested the media to assist is notifying the public of this hearing. Consensus was for input to be allowed on both sites as well as any other alternative the public may have. Upon the vote being taken, the motion carried unanimously. The Commission recessed from 12:54 until 2:28 p.m. to meet in a Closed Bargaining Session. c) Name and Floor Plan for former Maas Brothers Building Citizen suggestions were compiled by the St. Petersburg Times, Beach Views and submissions from City employees. After review, the Management Team suggested the following list of names: 1) Clearwater Harbor Place; 2) Clearwater Coachman Center; 3) Clearwater Waterfront Center; 4) Harborview Center; and 5) Harborview Complex. Mayor Garvey suggested "Clearwater Harbor Center." Commissioner Deegan proposed "The Bluffs at Clearwater." Commissioner Thomas noted the City did not want to need a variance to the sign ordinance for this building and recommended "Harborview Center." He stated the name is the shortest, it's soft, and has a sound that sells. Commissioner Deegan questioned what harbor the center views. Ms. Deptula indicated Clearwater Harbor. Commissioner Berfield stated she liked the word "Center" more than "Place." Commissioner Fitzgerald felt the suggestion sounded right, too. Commissioner Thomas moved to name the former Maas Brothers Building, "Harborview Center." The motion was duly seconded and carried unanimously. Ms. Deptula reported she attended an auditorium manager's conference and noted the need to determine if the purpose of the Center is to provide an assembly area for local citizens or to attract outsiders. She questioned if a Downtown Community Room was necessary. Mayor Garvey questioned the present use of the Community Room at the Annex. Ream Wilson, Director of Parks & Recreation, reported the present 8,000 square foot room is currently used for many events but the entire area is needed primarily for ballroom dancing and bridge games. He noted no other City recreation room is more than half its size. He noted possible conflicts exist at other centers where the focus is directed mostly toward children's programs. Memorial Civic Center has few children programs but lacks size and adequate parking. He stated the Parks & Recreation Department wants to be part of the Harborview Center. He indicated their programs will attract people Downtown during all hours of the day. Mayor Garvey noted the need to handle significant banquets like those held at the Annex. Mr. Wilson stated they propose to include a stage at the Harborview Center. Assistant City Manager William Baker reported the bridge group from the Annex phoned him and requested he advise the Commission of their excitement about playing bridge at the Harborview Center. Mayor Garvey questioned how regularly scheduled programs would affect the Trade Show space. Ms. Deptula reiterated the need to determine the building's focus. Mayor Garvey recommended community groups be given first priority. Commissioner Thomas indicated this is an economic issue. He felt trade shows and conferences should take precedent over the social purpose of the building. He requested the elimination of storage areas on the building's first floor. Mayor Garvey noted the ballroom dancing program makes money. Dean Rowe of Dean Rowe and Associates stated the room in the back of the building is designed for Parks & Recreation Department storage, a catering kitchen, and rehearsal space. Commissioner Thomas questioned what the areas were next to the kitchen. Mr. Rowe said they indicate restrooms and mechanical equipment. Commissioner Thomas questioned if the catering kitchen could be located closer to the restaurant. Mr. Rowe said it could. Commissioner Fitzgerald recalled a consultant had addressed the primary uses of a trade show center in this location and concluded most business would be regional and not from out of the area. He felt the Community Room should be in the Harborview Center and not split up and spread over the City. He noted the Community Room would attract a great deal of day traffic when there are no trade shows. Commissioner Deegan stated the original plan called for trade show space on the first floor and the Community Center on the third. He noted staff's recommendation for a first floor location for the Community Center was due to concerns regarding the difficulty some elderly citizens may have accessing the third floor and other factors. He agreed that community activities should be scheduled in the building. He felt trade shows should take precedence when large enough to also require use of the Community Room. Commissioner Deegan questioned which Parks & Recreation staff are scheduled to move into the "storage area." Mr. Wilson stated personnel from the "Cultural Arts Center." Ms. Deptula indicated staff would not be responsible for managing the facility. Commissioner Deegan suggested they could assist. Commissioner Thomas noted the City is closing the "Cultural Arts Center" in anticipation of the Keene Road extension though it will not occur in the near future. He questioned if other locations, like the Purchasing Building, had been considered. Mr. Wilson explained the storage area was needed for tables and chairs. These staff members will be responsible for managing the Community Room. Commissioner Thomas questioned if the City owned the Garden Club. The City Manager indicated the City did not. Mr. Wilson reported the Community Room is primarily used Monday through Thursday and the primary dates for trade shows are Friday, Saturday, and Sunday. He predicted that large rentals would be booked far enough in advance to adjust the schedule for community functions. Commissioner Thomas stated his preference that the interior design allow for the greatest flexibility possible. He requested storage areas be limited. The Consensus of the Commission was to include the Community Room in the Harborview Center and have it abutting the trade show space on the first floor. The City Manager restated her understanding of the Commission's direction. The facility is to have a regional focus with the Community Room to be included on the first floor of the building and trade shows taking precences when large enough to require the entire space. Ms. Deptula stated the design of the 3rd floor to include a controlled access corridor was based on recommendations from the operating representatives from local trade show facilities. Commissioner Thomas felt the third floor did not require a catering kitchen. Mr. Rowe stated the operating representatives had recommended its inclusion for increased flexibility. CITY ATTORNEY REPORTS ITEM #17 - Other City Attorney Items - None. ITEM #18 - City Manager Verbal Reports a) Florida League of Cities voting delegate Commissioner Thomas moved to appoint Mayor Garvey as the City's voting delegate to the Florida League of Cities and Commissioner Fitzgerald as alternate. The motion was duly seconded and carried unanimously. Alternate US19 Alignment Commissioner Thomas stated many months ago, the City indicated its desire to change the alignment of Alternate US19. He reported Largo's Commissioner Miles had expressed interest in changing the routing of Alternate US19 to Missouri Avenue. The Department of Transportation (DOT) recommended Largo and Clearwater provide the MPO with resolutions for change in order for it to be included in the Metropolitan Planning Organization's (MPO) 2015 plan. Commissioner Deegan stated the City's main reason for the change was to redirect traffic off Ft. Harrison Avenue. Commissioner Thomas indicated another reason for change was DOT's requirement that the road be upgraded by 2015 for an estimated $48 million. He noted half of the alternate route has already been upgraded. Bob Wright felt the change is an excellent idea. He questioned using Drew Street, predicting a bottleneck would occur there. He recommended the connection to Myrtle be made down Court and Chestnut Streets. Commissioner Fitzgerald noted the plan does not address Dunedin. He indicated he supported the change in alignment (as far as it goes.) The Assistant City Attorney presented Resolution #94-70 and read it by title only. Commissioner Thomas moved to pass and adopt Resolution #94-70 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. Pier 60 Ms. Deptula reported a status report regarding the Pier 60 area is scheduled for Thursday, August 4, 1994. Budget Meeting - August 11, 1994 Ms. Deptula recommended the format for the budget meeting include: 1) Internal Services; 2) General Fund; and 3) Enterprise Funds. She suggested Gas and Solid Waste be scheduled on a different date to address their business plans. The consensus was to agree with the City Manager's direction. ITEM #19 - Commission Discussion Items a) Gayfer's Sign Variance request for reconsideration Jerrie McGlynn, Gayfer's Operations Manager, requested reconsideration of the sign variance. The Mayor has sent Ms. McGlynn a letter recapping the actions taken thus far. Three notices were sent on April 8, 1994 regarding the April 19, 1994 public hearing. The name, titles, and addresses used were based on Gayfer's application files May 3, 1993. One notice was set to the Gayfer's business office at Clearwater Mall, albeit to Ms. McGlynn's predecessor. No one appeared on Gayfer's behalf for the April 19, 1994 hearing, and the Commission requested additional staff review of the effect of the sign's removal on the building. The Commission continued the application to April 27, 1994. No additional notices were required for the April 27, 1994 hearing, and none was sent. Subsequently, on April 27, 1994, the Commission denied the variance request. Commissioner Thomas spoke in opposition to reconsidering this variance request, stating Gayfer's had been legally notified. He indicated Gayfer's did not cooperate regarding a stop as part of a PSTA bus route change forcing the disruption of a residential area. He felt Gayfer's had not acted as a good corporate citizen. Mayor Garvey stated she sent the letter because the Legal Department indicated there was a question regarding whether or not the correct person received notice. They felt it would be safer if the Commission reconsidered. Commissioner Deegan noted in the memorandum, three people were listed as having been notified. He indicated Gayfer's representative was not properly notified and did not think they were adequately represented. He preferred providing Ms. McGlynn the opportunity to appear. Mayor Garvey agreed. Commissioner Berfield questioned if Gayfer's had not appeared previously. Ms. Goudeau explained an applicant can reapply with the same request after a set amount of time has elapsed. She reported Gayfer's filed a second time and paid a new fee. When the hearing was held, no one from Gayfer's was in attendance. In answer to a question, Ms. Goudeau indicated notices are not sent by registered mail. Commissioner Deegan moved to reconsider Gayer's application for a sign variance. There was no second. The Mayor stated she would send a letter stating there would be no reconsideration. She noted Ms. McGlynn had indicated they planned to amend their request. The City Clerk indicated Gayfer's could submit another application if it was not for the exact same variance. b) Clearwater Beach Library video rentals Commissioner Thomas requested a policy discussion regarding the Library's function and its video program. He felt the Library's purpose should be prioritized: 1) Inform; 2) Educate; and 3) Entertain. He felt video is on the bottom of the spectrum and noted the video collection represents 1% of the Library's collection yet 20% of its business. He felt if there is so much interest in video, the City's investment in reading materials and books should be reduced. He stated videos are rented by private businesses while books and magazines are not. He indicated 1st-run movies should be a bottom priority and noted videos represents the Library's biggest problem with theft. He questioned who screens and rates videos for children to check out with their Library cards. He noted the literacy level in Pinellas County is not good and suggested our libraries are the first line in defense in improving reading. He questioned which programs should be financially supported and suggested the library focus on education videos versus entertainment ones. He recommended that 1st-run movies not be made available until one year after their release. Commissioner Thomas expressed concerns regarding the security and risk of the Library's computers. He noted anyone can steal programs by downloading them onto a disk. He expressed concerns that an encyclopedia could be downloaded and questioned the City's liability for piracy. He requested a policy review and noted a need to balance business versus public service. The Mayor reported the Library rents bestseller books. Robert Owens said he opened his video store on Clearwater Beach three years ago when the Beach Library carried only 10 to 15 educational videos. He stated his small, family oriented business is battling to stay open. He noted three or four video stores on the beach previously closed. He stated his small business was threatened when the Library changed its collection. He said he is a taxpayer and reported 30% of the movies in his store are available at the Library. Mr. Owens requested a list of people who checked out videos from the Library. He indicated Dr. Hallam's promise to resolve the problem resulted in the availability of even more new releases. He stated the Library has and will continue to affect his business. Lois Cormier stated the video program at the Library is very valuable and provides both education and entertainment. She related when she was ill last year, she could not read or hold a heavy book. She noted many sick people cannot read and video tapes mean a lot to them. She expressed concern about this focus on video tapes. She said the Library also contains many wonderful travel videos. Mayor Garvey felt the Library is an entertainment center and stated reading is entertainment. She took offense to Mr. Owens impugning staff. She reported information regarding the borrowing records of Library users, by law, cannot be released. Mr. Owens stated he is not against videos but felt 1st-run movies should not be on the shelf within a year of their release. Commissioner Fitzgerald compared Mr. Owens' protest to someone who purchased a house next to an airport and later complained about the noise. He stated the library is not in competition with video store owners and said the same argument could be made regarding bookstores and their stock of bestselling novels. He felt the Library's response was appropriate. He expressed concerns regarding Commissioners attempting to threaten and intimidate the Library. He saw no reason to change present policy. Commissioner Deegan expressed appreciation to Dr. Hallam for assisting the Commission to view the facts. He stated Dr. Hallam has been charged with operating the Library under the current mission statement that includes use of each form of media and includes recreation. He felt the Library has not gone overboard with purchasing the latest releases. He noted multiple copies are not available in any one location. He stated the Library has traditionally served the disadvantaged and felt the Library was providing a good service. He agreed if the Library is losing a lot of money due to video theft, as claimed by Commissioner Thomas, it should be addressed. Commissioner Thomas stated the Library had to hire an additional person to address the security of the videos. He reiterated videos represent 1% of the collection and 20% of the Library's business. Commissioner Deegan stated videos represent 20% of the Library's business due to the information age and the fact that people have found it easier to watch television than to read. He felt the Library should respond to this change in practice and movement toward increased visual media. Commissioner Berfield addressed the problem of computer software piracy and questioned if the City is liable. Assistant City Attorney Lance stated this problem can be prevented. He noted there are ways to handle it. The Mayor requested the Library Director review this matter. The City Manager said staff will investigate the security in place and augment it as necessary. Commissioner Thomas requested staff find out if a new person was hired to address videos. The City Manager stated no new positions have been added in two years. In was the consensus of the Commission that no change be made to Library policy. c) Naples parking garage Commissioner Thomas stated because the City is preparing to build a new parking garage, he recommended the City spend a little more money and make it architecturally beautiful. He stated the new parking garage in Naples was built for $5,000 a space versus the $4,500 budgeted for the City's new garage. The Mayor felt the City was spending enough already and objected to constructing a Taj Mahal. Assistant City Manager Bill Baker stated he discussed this recommendation with the architect and reported features can be incorporated to distinguish it from a normal garage. He indicated he will present the Commission with designs and then see if more money is needed. Commissioner Deegan concurred with Commissioner Thomas and felt the new Naples garage was very Florida looking and appealing. He did not think this was like a Taj Mahal. He felt it was much more attractive than the bare concrete look existing in the City's current garages. Commissioner Berfield stated the Downtown Development Board is presently developing design guidelines and should confer with Bill Baker and the architect, Mr. Rowe. ITEM #20 - Other Commission Action Mayor Garvey reported Pinellas County has announced a water rate increase. The City Manager stated a July 27, 1994 memorandum set an effective date of November 1, 1994, for a 12% increase in the wholesale rate and a Capital Component increase from $0.35 to $0.65 per 1,000 gallons of water. She estimated the average customer with a 5/8 inch meter will experience a $3.11 increase from $11.70 to $14.81. Mayor Garvey questioned if the sewer rate would be affected. Mr. Baker stated it did not need to be as the sewer rate is based on the amount of water used. Commissioner Deegan questioned how the rate increase will be passed through to customers and how it will show up on bills. Ms. Deptula stated beginning in September, staff will notify customers of the pass through of the increased rate. Commissioner Deegan requested the opportunity for the Commission to review water rates prior to their implementation. Commissioner Thomas noted the increase did not equal 26.34% as indicated in the memorandum, but 36.4%. He expressed concern regarding justification for this huge increase. It was indicated the County Commission has not voted yet to approve the increase. Commissioner Thomas questioned the City's rights in this matter. His greatest concern was with the capital component increase. He questioned on what the County had been spending the $0.35 per 1,000 gallons and what capital project was planned for the nearly 100% increase. The City Manager stated she would obtain background information on this matter. She noted the City did not have to pass through the total increase. Commissioner Thomas stated these increases required justification. Commissioner Deegan referenced a July 8, 1994, memorandum from Mr. Sweeney requesting the City appoint a PSTA representative. Commissioner Thomas moved to appoint Commissioner Deegan to the PSTA Board of Directors. The motion was duly seconded and carried unanimously. Commissioner Deegan questioned a response to Jonathan Wade's request to meet with the Commission prior to the August 4, 1994, meeting. The City Manager stated staff will respond to Mr. Wade that the requested meeting is not allowed under the Sunshine Law. Commissioner Deegan indicated information on the CDBG item was missing from his Agenda Packet for the August 4, 1994, meeting. Ms. Goudeau indicated it should have been included. Commissioners not having the item will contact the City Clerk. Commissioner Deegan stated he was told the Del Oro Stormwater Item is to be discussed on August 4, 1994, but he could not find the item on the Agenda. Ms. Goudeau indicated the item was originally scheduled on the August 18, 1994, agenda, however, the neighborhood newsletter had been distributed indicating an August 4, 1994 discussion date. Commissioner Deegan requested all pertinent information be included in the item. Commissioner Deegan referenced a memorandum from Mayor Garvey regarding requests for legal opinions to the Interim City Attorney. General agreement was that non-time sensitive issue could wait for the new City Attorney, however, opinions could still be requested. Commissioner Deegan noted a March 25, 1994 memorandum requested opinions from the Development Code Adjustment Board and Planning & Zoning Board regarding their view on replacing the Hearing Officer in the appeal process with the City Commission. He stated the Commission has not been advised of an opinion from either Board on this matter. Commissioner Deegan questioned the response to a letter from Kapok Travel Park regarding difficulty with Police cooperation in an eviction process. The City Manager stated the complaint was forwarded to the Police Department for a reply. The item has been included on the tracking list. Commissioner Fitzgerald questioned if the Florida Military Air Museum's request for space at the Airpark is being considered. The City Manager stated staff is reviewing the matter and will issue a report. Commissioner Deegan questioned if the Museum is requesting five free acres of land. The City Manager indicated they are. Commissioner Thomas requested the City Manager complete an in-depth review of the Kapok Travel Park complaint. He stated it was a serious issue. Commissioner Thomas congratulated 14-year old Clearwater resident, Char Foster, on breaking three national records in Track and Field at the Junior Olympics. Commissioner Thomas expressed disappointment in Tom Miller's response to his suggestions regarding algae treatment. He stated Mr. Miller did not seem to attempt to solve any problems. Commissioner Thomas said he is trying to open doors of resolution. He recommended Mr. Miller contact and question the corporate chemists at the companies who make the products he recommended to find a solution to the algae problem in Clearwater's ponds. Commissioner Thomas referenced a request from Joe Everett regarding the need for a turn around on a beach street. He requested staff review this request. ITEM #21 - Adjournment The meeting adjourned at 5:01 p.m.