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09/07/1995 CITY COMMISSION MEETING September 7, 1995 The City Commission of the City of Clearwater met in regular session at City Hall, Thursday, September 7, 1995 at 6:00 p.m., with the following members present: Rita Garvey Mayor/Commissioner Sue A. Berfield Vice-Mayor/Commissioner Fred A. Thomas Commissioner J. B. Johnson Commissioner William Justice Commissioner Also present: Elizabeth M. Deptula City Manager Kathy S. Rice Deputy City Manager William C. Baker Assistant City Manager Pamela K. Akin City Attorney Scott Shuford Central Permitting Director Rich Baier City Engineer Cynthia E. Goudeau City Clerk Patricia Sullivan Board Reporter The Mayor called the meeting to order. The invocation was offered by Father Edward J. Mulligan of St. Brendan’s Catholic Church. The Mayor led the Pledge of Allegiance. 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 - None. ITEM #5 - Presentations a) Bordner Survey re C-View 35 Diane Bordner said a multi-method approach was used to examine the community's awareness, perception and expectations for C-View 35. She said three focus groups were conducted: one group watched C-View 35 eight or more times a month; one watched C-View 35 less than eight times per month; and one group was made of professionals from the Tampa Bay area. During the beginning of each focus group, they reviewed the direction of government access television. She said excerpts of C-View 35 programming were presented and the tourism promotional video was shown. A phone survey of 400 randomly selected Clearwater residents also was done. The biggest complaint was from viewers who were unable to see the visual aids used at meetings. The focus groups and telephone survey indicated citizens agree government access television should provide information to the citizens. The respondents liked watching a live uncensored environment. The primary reason people view C-View 35 is to gather information. The second reason is to watch City Commission meetings to be certain the Commission is spending taxpayers' money appropriately. She said citizens indicated C-View 35's top priority should be covering the City Commission and other important board meetings. Beyond that, citizens expressed an interest in a variety of programming and content including reports on City problems and resolutions. Dr. Bordner said respondents suggested more interviews with City officials, additional coverage of City events and a review of City departments and how they work. She said the survey indicates citizens feel C-View 35 clearly meets their expectations with current programming and planned programs. Citizens do not hold C-View 35 to the same quality standards as broadcast television and would be upset if they perceive it is "too slick." She reported the professional group gave the station high marks and indicated C-View 35 is doing a better job than they are. Dr. Bordner indicated the data clearly shows a lack of awareness of C-View 35, noting only 31 out of 400 could identify C-View 35 as Clearwater's government access television station. She said the survey also indicated a lack of awareness regarding the station's range of programs. To meet citizen expectations, she recommended continuing to emphasize the station's quality and range of programming. She said the station is of value to the community and felt it will be more valuable if provided with the resources it needs. Commissioner Justice questioned when the survey was taken. Dr. Bordner said the focus groups were done in July 1995 and the survey in July and August 1995. She noted the professionals interviewed said the station is headed in the right direction and staff is doing an exceptional job. The Mayor complimented staff. Commissioner Johnson questioned what type of programming was preferred. Dr. Bordner said the broadcast of meetings as wells as information on departments and City programs. b) Bordner Survey re Clearwater Beach Dr. Bordner reported an increase in the number of European visitors in May versus December. She said many indicated they had booked a package through a travel agent that included two weeks at Disney World and one week on Clearwater beach. She indicated the red tide prevalent at the time of the survey did not negatively affect visitors' opinions. She said she found no statistically significant difference when she compared data regarding the average Clearwater beach visitor with county visitors highlighted in County data. She recommended against spending additional money to survey Clearwater visitors on a monthly or quarterly basis. ITEM #6 - (Cont. from 8/17/95) Memorial Causeway Bridge Feasibility Study - accept report in order to set "groundwork" for project, direction requested to proceed re funding source & future design study type The City Commission directed staff to initiate preliminary design of a replacement bridge for the current Memorial Causeway Bridge based on the antiquated laneage and bascule design. Current vehicular demands and resultant economic impacts will lead to a functional obsolescence of the bridge structure. The preliminary design commenced when the City contracted HDR Engineering, Inc. to aid the City in the selection of feasible corridor alignments and the evaluation of various bridge types. The report represents the culmination of two public workshops, meetings with the Florida Department of Transportation (FDOT), the Community Redevelopment Agency (CRA) and Metropolitan Planning Organization (MPO), and hours of data collection, planning and design. The City Commission indicated they preferred the Pierce Boulevard alignment and requested the City Engineer come back with a revenue analysis including toll, bond issue, State and Federal funding. City Engineer Rich Baier said this project is one of the most important issues facing Clearwater. The Memorial Causeway Bridge conveys an average of 37,900 vehicles per day. The existing Level of Service (LOS) on the bridge is "C/D" on an A-F scale. This rating does not consider bridge malfunctions, breakdowns and openings. He anticipated future growth would increase traffic to 50,000 vehicles per day and result in a LOS of E/F. He said the current bridge lacks appropriate lane widths, sidewalks and barrier walls between pedestrians and traffic. He noted the bridge is part of the evacuation route and said an average of two malfunctions occur per month. The bridge's design speed is 35 mph while most bridges are designed for speeds of 45 mph. Mr. Baier said the benefits of a new bridge outweigh the cost of leaving it as it is and repairing it. Larry Weatherby of HDR reviewed the feasibility study and noted nine alternatives were reviewed. He said a benefit cost analysis indicated over a 25 year period, the benefit of a new bridge would be $15-million while the estimated cost is $11-million. He indicated a Project Development and Environmental Study (PD&E) will make certain the project meets all requirements and enable it to qualify for federal funds, if any are available. He said much of the design work as well as gathering public input have been completed. He said a federal project would take a minimum four and a half years; a State project would take less time; and a local project would take a minimum of three years. If the road remains a State road, the City would need State and Federal approval to install a toll facility. Mr. Weatherby outlined the negatives of tolls but noted they are possible. Tom Thompson of HDR said he reviewed funding options. He noted the bridge is currently part of a State road that is a principal arterial route on the Federal Urban System. Although it can be transferred to the City, the main reason it is part of the State system is because it is a main evacuation route. He said all would have to agree to the transfer. Mr. Thompson said the pros for City ownership include the bridge would be a logical State system terminus and the City can control the bridge and its access, making it simpler to construct a new one. He said the negatives include City responsibility for maintenance costs, the loss of eligibility for State and Federal funding, the requirement to maintain it as an evacuation route and City liability. Mr. Thompson indicated the bridge fund is controlled by the State. He said the State now only considers funding replacement of bridges with structural problems. He reviewed the funding options indicating most of the funds are spoken for already. It is his experience that which funds will be available cannot be anticipated. He said money comes to projects that are ready. The MPO selects the priorities for surface transportation program projects. He said the feasibility study shows going ahead with the project would be beneficial. The difference between locally and State or federally funded projects is about 15 months. He said there are many funding options but they become limited if the City owns the bridge. Mr. Baier stated staff's recommendation: 1) leave the bridge on the State and Federal system; 2) follow the Federal and State requirements for planning and designing a new bridge to maintain eligibility for federal and State funding; 3) authorize the PD&E study phase of the project; 4) request the MPO consider making this a high priority project in its Transportation Improvement Program; 5) Begin discussions with the County and State to develop a mutual funding strategy to construct the bridge as early as possible; and 6) reevaluate this approach near the end of the PD&E study. Commissioner Johnson questioned if State funded repairs scheduled for 1996 would continue. Mr. Baier said if the City makes a commitment to rebuild, the repair could be delayed, deferred or eliminated. He reported the contractor hired for the project has filed for bankruptcy protection. Commissioner Berfield expressed concern regarding safety issues. Mr. Baier said the planned repair work was to ensure several more years of service and there are not safety concerns. Commissioner Berfield questioned if the $2-million the State planned to spend on the bridge's repair could be shifted to replacement. Mr. Thompson said repair and construction are different types of funding. He said his experience indicated if the City approached the State with an opportunity, it was likely the State would cooperate. He said if FDOT sees the City is moving forward with a new bridge, they will reevaluate what is needed to keep the bridge operating properly and spend some of the designated $2-million for those repairs. Commissioner Thomas said State funds are not transferable from repair to new construction. The Mayor said a new bridge would be to the State's advantage. Commissioner Thomas questioned the difference in cost between a City study and a PD&E. Mr. Baier estimated a PD&E would cost between $1.2 and $1.5-million; a State Environmental Impact Report (SEIR) would cost $800,000. He suggested the City may run into a snag doing a local study if the Coast Guard decides to act as the lead agency and require additional studies. Commissioner Thomas said if the City does a local study, it would save $600,000 when compared with a PD&E. Mr. Baier noted the City does not know how extensive the study needs to be. In answer to a question, Mr. Weatherby estimated the time it would take to get ready to build a bridge would range from three to four and a half years, depending on studies and funding. Commissioner Thomas questioned why the minimum estimate had increased by one year. Mr. Baier said his two year estimate was based on a design build versus a bid then build process. Mr. Thompson said the minimum estimate could not be met if the Coast Guard becomes involved. Mayor Garvey questioned if the Coast Guard had to be involved. Mr. Baier stated the Coast Guard can elect to be involved. Commissioner Thomas said if no changes were planned for the channel and the bridge was at least 65 feet high, the Coast Guard would have nothing to review. Commissioner Thomas questioned how long the bridge would take to build. Mr. Baier and the consultants estimated construction would take approximately two and a half years if no snags occur and a design build approach is used. Commissioner Justice questioned the best case should the City attract Federal funding. Mr. Thompson estimated studies for a federally funded project would take four and a half years plus construction time. Commissioner Thomas questioned the odds of receiving federal funding for this project. Mr. Thompson said no one would know until the federal process was followed. He said if the City has a project ready, the State and Federal governments tend to find money for it. Commissioner Thomas did not think State or federal funds will be available to build the bridge. He felt doing a PD&E was a gamble with poor odds. Commissioner Johnson questioned how much funding the City could expect after completing a PD&E. Mr. Thompson estimated federal funding could cover 75% to 80% of construction costs with the State covering the remainder. He said the City may only have to pay the costs of the PD&E. Commissioner Berfield expressed concerns the MPO plan for a six lane bridge is impractical. Mr. Weatherby agreed a six lane bridge would have many disadvantages. The Mayor suggested starting the process by requesting the MPO to correct this discrepancy. Mr. Baier said the MPO is aware of the inconsistency. He did not think any problems would result from the City's desire to build a four-lane bridge based on the MPOs recommendation for a larger one. Mayor Garvey questioned why the City has not approached the MPO regarding this recommended change. Mr. Baier said further analysis is needed to show the MPO analysis is too conservative. Mayor Garvey questioned if staff can complete that analysis. Mr. Baier said they could but indicated this issue would be addressed in the PD&E or SEIR study. Commissioner Thomas said the issue is if the City wants to repair the bridge or build a new one. He recommended if the City chooses to construct a new bridge, they build it the quickest and least expensive way. He requested the City Commission support his resolution regarding this issue. Commissioner Johnson expressed concern the resolution calls for tolls if Penny for Pinellas is not renewed. He is opposed to tolls. Mayor Garvey presented her resolution regarding this issue. She said she opposed tolls and suggested the City Commission may consider an option not to build a new bridge because the timing may not be right. She indicated she preferred pursuing a PD&E to keep all funding options open to the City. Commissioner Justice suggested a compromise between the two proposals. He said he was against tolls but would consider Commissioner Thomas' proposal regarding parking. Commissioner Thomas said if no backup funding source exists, the project could not progress. Commissioner Justice said he spoke with many people who indicated they oppose tolls. Mayor Garvey suggested this project could be a reason for citizens to support renewal of Penny for Pinellas. Commissioner Berfield questioned if the bridge could qualify for Penny for Pinellas funds if a PD&E is not done. Mr. Baier indicated it would. The City Manager said the City has expended all Penny for Pinellas funds through 2000. She said if that funding source is renewed, funding for City projects can be redistributed. Commissioner Berfield questioned where the City would be if Penny for Pinellas is not renewed. Mr. Baier said the City would be out the cost of the study. Commissioner Johnson questioned if the project would be bondable if a PD&E is done. The City Manager said the project would have to be bonded even if funding came from Penny for Pinellas. She noted elements in the studies are common. She recommended starting with a PD&E and reviewing the project's progress in January to see if the City Commission wants to continue. Commissioner Thomas moved to accept the feasibility report. The motion was duly seconded and carried unanimously. Mr. Baier requested direction regarding the type of study staff should pursue. Glen Johnson noted a central issue of the discussion related to funding and suggested finding a cost center. He referred to the current Clearwater Pass Bridge and noted, when its replacement is completed, the current bridge could provide funding for the Memorial Causeway bridge if the City Commission would allow him to develop the bridge with a retail complex topped with the world's largest lighthouse. Commissioner Thomas questioned if a SEIR could be expanded to a PD&E. Mr. Weatherby said that would be possible if the SEIR is done to the same standards as a PD&E. Commissioner Thomas questioned if local data would be useable if a local study were upgraded to a SEIR or PD&E. Mr. Thompson felt the City would waste more funds starting at the local level rather than a higher one. Mr. Baier reiterated he would rather start a PD&E and pause in January to review funding possibilities. He suggested, at that point, the City Commission could decide if they wanted the study scaled back. He said most of the work completed by that time would have to do with data collection. Commissioner Thomas questioned why staff recommends keeping the bridge on the State system which is the most expensive option. Mr. Baier said he was not convinced the City could not get funding for this project from the County or State. Mr. Butler suggested the Commission approve a SEIR and try to attract State funding. He said it would not be difficult to upgrade the study to a PD&E. The Commission recessed from 8:00 to 8:15 p.m. Mr. Baier noted the SEIR and PD&E are similar at ground level. He suggested the Commission direct staff to begin a SEIR and pausing after four to six months to see if funding has been attracted to the project. Mayor Garvey suggested staff encourage the County to get the Penny for Pinellas extension before the voters as soon as possible. Commissioner Thomas suggested staff recommendations begin with #3 and indicate a SEIR instead of a PD&E. The Mayor noted staff may want to evaluate the study at intervals relating to significant points. Commissioner Thomas moved for the project to move forward as quickly as possible to build a high span bridge on the Memorial Causeway, to add culverts to the causeway to address harbor water pollution, to include parking, to start a SEIR, to request MPO identify this project as high priority to encourage the County to place renewal of Penny for Pinellas before the voters as soon as possible, to begin discussions with the County and State to develop a mutual funding strategy to construct the bridge as early as possible and to reevaluate this approach near the end of the SEIR. Mayor Garvey questioned why the motion was complicated with references to parking and culverts. Commissioner Thomas said all the problems on the table need to be resolved by studies. Mayor Garvey noted the City Commission has already taken action regarding parking and the culverts. The motion was duly seconded. Commissioner Thomas said the City Commission could address those issues after the SEIR has been completed. Mayor Garvey expressed concern those issues were already addressed. Commissioner Thomas amended his motion so the timing of staff's reevaluation would be based on staff's recommendation. The seconder agreed. Upon the vote being taken, Commissioners Berfield, Thomas, Johnson and Justice voted "Aye"; Mayor Garvey voted "Nay." Motion carried. ITEM #7 - Approval of Minutes Commissioner Berfield referred to page 9, paragraph three, sentence 2, and noted the word "he" should be removed; to page 11, paragraph one, sentence 2, and noted the phrase should read "...could change to a use permitted..."; and to page 12, paragraph five, sentence five and requested the language be clarified regarding the buffer. Commissioner Thomas moved to approve the minutes of the regular meeting of August 17, 1995, as corrected. The motion was duly seconded and carried unanimously. ITEM #8 - Citizens to be heard re items not on the Agenda Glen Johnson said he had made an earlier proposal to the City Commission regarding a project to use the current Clearwater Pass Bridge for the world's tallest lighthouse and retail center. He suggested the development would be cultural. He said he could not explain the details and objects pertaining to the project in three minutes. He said the project is not limited to doing something with the existing bridge. Mr. Johnson distributed prints of his idea and requested the City Commission reconsider. Bob Clark referred to the proposed tower on the beach and expressed concern regarding zoning and land use problems. He felt the public opposes construction of a tower on land currently zoned preservation. He pointed out the City Commission had approved rezoning the land Recreation/Open Space. The City Charter prohibits leasing Recreation/Open Space land without a referendum. He felt Clearwater's beaches are as great an asset to the City as the bluff. He suggested the City Commission give voters a voice in this decision. Mayor Garvey questioned why this issue had not been raised. Mr. Shuford said staff had not brought this forward as a Charter consideration because they had not anticipated this use. He said it was known that zoning changes and adjustments would be required for the tower. Commissioner Thomas questioned if the tower is a referendum issue. Mr. Shuford said a referendum would not be required currently because it is possible to lease property zoned Preservation. He said the Open Space/Recreation land use designation is not in place at this time. Commissioner Berfield said it was staff's responsibility to have advised the Commission this decision required a referendum. Commissioner Thomas noted the Commission is acting legally but questioned the impact of the proposed Open Space/Recreation zoning on the tower proposal. Mr. Shuford stated the impacted area would be added to the properties requiring a referendum to lease. Commissioner Thomas requested the total issue be addressed. He said when the Commission voted to change to Open Space/Recreation, the tower was not an issue. Mayor Garvey said a determination was made some years ago that the City Commission's first action on a zoning issue signaled the Commission's intent. She said it would not be right for the Commission to do anything but stop the process or schedule a referendum. Commissioner Johnson noted a request for a lease in excess of five years was discussed when the tower issue was addressed. The City Attorney said the leasing of land designated Open Space/Recreation requires a referendum while its current designation of Preservation permits leasing. Commissioner Berfield questioned which request had been made first. The City Attorney said the issues of consistency have been in process for a long time. The Mayor noted the property is being brought into conformance with the County land use plan. Mr. Shuford said the Charter requirement was not considered when the land use plan was reviewed. Commissioner Thomas questioned which land on Clearwater beach will retain its Preservation zoning. Mr. Shuford said zoning of the north beach area north of the Palm Pavilion, where no active recreation occurs, remains Preservation. He said Preservation is intended to maintain its natural state and not be an attraction to people. Consensus was to discuss this item at the next Work Session. Rev. Floyd Erwin said God has forgiven Susan Smith. He said Mrs. Clinton needs our prayers and all members of the party who went to China should have a physical examination. He warned Tide detergent may cause infections that can be misinterpreted as molestation. The Mayor requested he address City issues in the future. Bob Wright referred to his recent letter regarding the water supply. He said it was important to note Clearwater is the last local city not distributing reclaimed water. He complimented the City Engineer for attempting to implement Phase I. He said the City should pursue the steps he listed in his letter. He urged the Commission not to wait for the County government to address water problems. Mayor Garvey requested Mr. Wright to encourage his fellow Island Estates' residents to support the plan to distribute reclaimed water to their neighborhood. Mr. Wright expressed concern regarding the level of apathy. Breck Parker said City Commission positions should be full time with an annual salary of $35,000. He expressed concern the accomplishments of a part time Commission resulted in many staff failures. He recommended a full time watch dog Commission. Curtis Jenny expressed concern regarding the proposed tower and its significant height. He said tourists are looking for a more natural setting. He thought the new park planned for the beach was excellent legislation. He thanked the Commission for giving their time to the City and for doing their best. Jack Alvord said Clearwater is running out of commercial land and expressed concern many mobile home parks eventually will be rezoned commercial. He announced the formation of a Save our Neighborhoods Fund and welcomed donations to NationsBank on McMullen-Booth Road. He said those who wish to verify money is going to this cause can call. He said funds will be used for the single purpose of fighting encroachment on residential neighborhoods. Patricia Parker questioned if the Commission is required to follow City codes and plans. She expressed concern the City may end up in court spending taxpayers' money if the City does not adhere to their codes and plans. PUBLIC HEARINGS ITEM #9 - Public Hearing & First Reading Ord #5893-95 - RPD Zoning for property located at 1551, 1555, 1559, 1563, 1567 & 1571 Druid Rd., Druid Groves Sub., Blk A, Lots 1-6 & 1/2 vacated street (Clearwater Community Hospital, Z95-06) The property is approximately 310 feet west of Lake Drive and 670 feet east of Highland Avenue. The request is in response to a condition of the Residential Planned Development (RPD) zoning to the South that the entire site be brought into a single zoning classification. Last year the six lots on the south side of Druid Road from the east property line of Clearwater Community Hospital to Crest Avenue were rezoned Multiple-Family Residential "Eight" so the present parking lot could be constructed. The parking lot is substantially completed and is being used. The property to the West has a Future Land Use Plan Classification of Institutional. Lots to the North, east and south have a Future Land Use Plan Classification of Residential Urban and are zoned Single-Family Residential "Six." The applicant, Clearwater Community Hospital, wishes to obtain a zoning change for the north properties to bring the total development under one zoning district. They wish to comply with the condition of approval that requires them to rezone Lots 1 through 6 and the adjacent vacated right-of-way on the West to RFD. The Future Land Use Plan Classifications of Institutional and Residential Urban would not be changed. The revised site plan includes a six-foot high masonry wall along the south side (Jasmine Way) that continues around the corner of Crest Avenue for approximately fifty feet. The wall is to be solid and alternate at approximately 60-foot intervals from next to the property line to a five-foot set back. A continuous hedge with interspersed trees is to be planted on the road side of the wall as buffer landscaping. On August 15, 1995, the Planning & Zoning Board unanimously endorsed the proposed Zoning Atlas Amendment. Commissioner Thomas moved to approve application for Zoning Atlas Amendment to Residential Planned Development for Lots 1 through 6, Block A, Druid Groves and 1/2 vacated street. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #5893-95 for first reading and read it by title only. Commissioner Justice moved to pass Ordinance #5893-95 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Thomas, Johnson, Justice and Garvey. "Nays": None. ITEM #10 - Public Hearing & First Reading Ords #5891-95 & #5892-95 - Land Use Plan Amendment to Institutional & P/SP Zoning for property located at 1920 & 1924 Douglas Ave., Sunset Point 2nd Addition, Blk G, Lots 26 & 27 (Hellenic Orthodox Traditional Church of America, LUP95-22, Z95-05) The subject property is approximately 350 feet north of Sunset Point Road. This application covers two parcels adjacent to land presently owned by the applicant, Hellenic Orthodox Traditional Church of America. The church needs space to expand its facilities to include a proposed child day care. They intend to combine these lots with their adjacent property to the South zoned Public/Semi-Public (P/SP). Lot 27 is vacant. Two run-down single family houses located on Lot 26, immediately north of the church building, will be razed. The subject lots are zoned Multiple-Family Residential "Eight" (RM-8) and have a Land Use Plan Classification Residential Urban. Although child day care is neither a permitted nor conditional use in the RM-8 zoning district, it is a conditional use in the P/SP district. It is proposed to rezone the property. The Future Land Use Plan Classification of Residential Urban would be changed to Institutional to conform with the Future Land Use Plan for the south property. Properties to the North and east have a Future Land Use Plan Classification of Residential Urban, zoning of Multiple-Family Residential "Eight" and have a mixture of residential types. The size of the combined lots is under one acre, the minimum lot size for P/SP. The proposed amendments would expand the existing P/SP district south. The proposed day care can be considered by the Planning & Zoning Board as a conditional use if the proposed Future Land Use Plan and Zoning Atlas Amendments are approved. On August 15, 1995, the Planning & Zoning Board unanimously endorsed the proposed Future Land Use Plan Classification. George Nikitikes, representative for the applicant, said the church wishes to expand. Commissioner Berfield moved to approve the application for Future Land Use Plan Amendment to Institutional, and Zoning Atlas Amendment to Public/Semi Public for Lots 26 and 27, Block G, Sunset Point 2nd Addition. The motion was duly seconded. Judy McKeever said her back and side yards are next to the church. She said she had a number of concerns regarding the church's plans and the resulting effect on traffic and noise control in the parking lot beneath her bedroom window. Mr. Shuford said this concern can be addressed during preparation of the required site plan. Curtis Jenny said he lives across the street from the church and noted problems resulting from traffic egressing their existing parking lot that enters Springtime Avenue. He expressed concerns the proposed daycare will increase traffic on Springtime Avenue and cause his neighbors to be inconvenienced. He said the intersection of Springtime Avenue and Sunset Point Road is dangerous. Mr. Shuford said the church would have to appear before the Planning & Zoning Board (P&Z)and obtain a Conditional Use Permit before opening a day care center. Mayor Garvey questioned if the ingress/egress would be off Douglas Avenue. Mr. Jenny expressed concern that plan may change. Commissioner Thomas questioned if any neighbors had been notified and appeared before the August 15, 1995 P&Z when this issue was discussed. Mr. Shuford said neighbors were notified but suggested none appeared because the meeting is held in the afternoon. Commissioner Thomas questioned if this approval would provide the church with tacit approval of their proposed use. The City Attorney said day care requires a Condition Use Permit approved by the P&Z. Commissioner Thomas questioned the automatic uses permitted. Mr. Shuford said construction would have to meet development standards, even if it is only an addition to the church. Upon the vote being taken, the motion carried unanimously. The City Attorney presented Ordinance #5891-95 for first reading and read it by title only. Commissioner Justice moved to pass Ordinance #5891-95 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Thomas, Johnson, Justice and Garvey. "Nays": None. The City Attorney presented Ordinance #5892-95 for first reading and read it by title only. Commissioner Thomas moved to pass Ordinance #5892-95 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Thomas, Johnson, Justice and Garvey. "Nays": None. ITEM #11 - Public Hearing & First Reading Ords #5901-95 & #5902-95 - Land Use Plan Amendment to Commercial General & CNG Zoning for property located at 1105 Engman St., Greenwood Park No. 2, Blk E, Lot 31 (Dorsey, LUP95-25, Z95-07) The subject property, approximately 130 feet east of North Greenwood Avenue, is contiguous to the North Greenwood Commercial zoning district. The applicant states the property has been used continuously as a beauty salon for more than 20 years. The property is zoned Multiple-Family Residential "Twelve" and has a Land Use Plan Classification of Residential Medium. A beauty salon is a personal service that is not a permitted or conditional use in a Multiple-Family Residential "Twelve" zoning district. The present use is nonconforming and cannot be replaced. The property cannot be improved because of limitations imposed by the dimensional and numerical development requirements of the current zoning district. The applicant wishes to obtain a zoning change to bring this nonconforming use into conformity and to allow future improvements. It is proposed to rezone the property North Greenwood Commercial (CNG). The Future Land Use Plan Classification of Residential Medium would be changed to Commercial General to conform with the Countywide Land Use Plan on the west property. The properties to the North, east and south have a Future Land Use Plan Classification of Residential Medium, zoning of Multiple-Family Residential "Twelve" and are a mixture of residential types. Properties to the West have a Future Land Use Plan category of General Commercial and a zoning of North Greenwood Commercial. The Florida Center for Community Design and Research recently completed a study of the North Greenwood Commercial district that indicates a need for greater flexibility in allowable land uses and dimensional and parking requirements. The City Commission has considered the revision of these requirements and recently adopted an ordinance to amend certain development requirements as they affect the North Greenwood Commercial District. The proposed Future Land Use Plan and Zoning Atlas Amendments are being requested to enhance the flexibility and would be an expansion of the existing CNG district to the West. On August 29, 1995, the Planning & Zoning Board unanimously endorsed the proposed Future Land Use Plan Amendment. Commissioner Berfield moved to approve the application for Future Land Use Plan Amendment to Commercial General and Zoning Atlas Amendment to North Greenwood Commercial for Lot 31, Block E, Greenwood Park no. 2. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #5901-95 for first reading and read it by title only. Commissioner Berfield moved to pass Ordinance #5901-95 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Thomas, Johnson, Justice and Garvey. "Nays": None. The City Attorney presented Ordinance #5902-95 for first reading and read it by title only. Commissioner Johnson moved to pass Ordinance #5902-95 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Thomas, Johnson, Justice and Garvey. "Nays": None. ITEM #12 - Variance(s) to Sign Regulations for property located at 1284 S. Missouri Ave., Sec. 22-29-15, M&B 21.15 (Frederick & Evelyn Dunn / Art Warehouse, SV95-38) The applicant is requesting an area variance of 64 square feet to allow attached signs with an area of 128 square feet. The subject property is north of Lakeview Road on the west side of Missouri Avenue. The variance is requested to permit replacement of existing nonconforming signs with new signs. Art Warehouse has no freestanding sign because the building is 10 feet from the Missouri Avenue right-of-way and would block it. The business must rely on attached signs for identification. The applicant requests two signs totaling 128 square feet when 64 square feet are permitted. The applicants propose to affix one sign on the north face of the building and one on the south side where each will face oncoming Missouri Avenue traffic. Special circumstances support approval. Under General Commercial zoning, this property is allowed a 64 square foot freestanding sign. The applicants expressed a willingness to forgo placement of a freestanding sign on this property. They request permission to transfer the freestanding area allocation to attached signage. The City's aesthetics are affected less by attached signs that by freestanding ones. As the applicant proposed to place the signs on opposite building faces, no more than 64 square feet of sign area can be viewed at one time. Staff feels the requested variance is minimal and will enable the applicants to reasonably identify the business and respect the City's aesthetic interests Frederick Dunn verified photographs of the property presented him by Mr. Shuford. He said the building is only 10 feet from the property line and indicated his request is to locate his freestanding sign space on his building. Commissioner Berfield questioned when Mr. Dunn moved his business to the present location. Mr. Dunn said 15 years ago. Commissioner Berfield questioned if his current signage was in conformance then. Mr. Dunn said he received permission at the time and indicated the present signs have not changed in 15 years. He said his problem was being located next door to a nearly empty mall. Commissioner Thomas noted a freestanding sign permits a total of 128 square feet of signage. Mr. Shuford said that was true if both sides of the sign are counted. Commissioner Thomas noted this request was for less square feet of signage than allowed by code. He expressed concern regarding the number of signs in the windows. Mr. Shuford said those were incidental signs. Mr. Dunn said he is permitted to have temporary signs in the windows. Mr. Shuford agreed. Commissioner Thomas questioned if Mr. Dunn understood he had to conform with the City's sign code regarding temporary signs. Mr. Dunn indicated he knew window signs must be changed every 30 days. Commissioner Thomas noted window signage can only cover a percentage of the window. Commissioner Thomas moved to approve an area variance of 64 square feet to allow attached signs with an area of 128 square feet on property identified as Sec. 22-29-15, M&B 21.15, for meeting Sec. 45.24 Standards for Approval, items (1) - (4), subject to the following condition: No freestanding sign shall be placed on this property. The motion was duly seconded and carried unanimously. ITEM #13 - Variance(s) to Sign Regulations for property located at 3166 McMullen Booth Rd., Bethel Lutheran Church, Lot 1 (Bethel Lutheran Church, SV95-36) The applicant is requesting a 4.5 foot setback variance from the required 5 feet to allow a freestanding sign 0.5 feet from the McMullen-Booth Road right-of-way. The subject property is south of Briar Creek Boulevard on the west side of McMullen-Booth Road and is zoned Public/Semipublic. The sign will be used to identify Bethel Lutheran Church. Staff feels the variance is supported by the standards for approval because of the irregularity of the McMullen-Booth Road right-of-way that skews 30 feet to the East at the north end of the subject property allowing the neighboring property to the North to have a sign 30 feet closer to the road. As a consequence, the Bethel Lutheran Church sign is at a disadvantage competing for the view of motorists on McMullen-Booth Road. Staff feels the requested 4.5 foot setback variance is minimal to provide partial relief for this applicant Landon Wetzel, chair of the church's planning committee, said the property is only accessible from the North. Commissioner Berfield moved to approve a setback variance of 4.5 feet from the required 5 feet to allow a freestanding sign 0.5 feet from the McMullen-Booth Road right-of-way, on property identified as Bethel Lutheran Church, Lot 1, for meeting Sec. 45.24 Standards for Approval, items (1) - (4), subject to the following condition: By constructing a sign within the street setback pursuant to the variance, the owner and applicant agree that no governmental agency shall be liable for the cost of relocating or removing the sign in the event the property is acquired by eminent domain for road widening or any other public purpose. The motion was duly seconded and carried unanimously. ITEM #14 - (Cont'd from 08/17/95) Variance(s) to Sign Regulations for property located at 2632 Enterprise Rd. (Europa of Countryside, A Condominium, SV95-33) The City Manager reported the applicant has requested a continuation. Commissioner Johnson moved to continue the item until October 5, 1995. The motion was duly seconded and carried unanimously. ITEM #15 - Public Hearing - Res. #95-69 - approving public improvements benefiting property in City’s Special Assessment District No. 95-1, levying special assessments for cost thereof on property in said district, confirming final assessment roll, & confirming City’s intent to issue bonds to finance the project (FN) On July 7, 1993, a ballot was submitted to Sand Key property owners asking if they favored underground utilities and were willing to pay a fair share of the assessed costs. 59.64% of the property owners responded. 72.09% of those responding favored the project. Based on this request, the City began planning to bury the power lines and replace the street lights on Gulf Boulevard on Sand Key. The project's cost is estimated to be less than $1.4-million and will be allocated to non-government Sand Key property owners in proportion to the full assessed value of their properties as of January 1, 1994, regardless of exemptions. Benefits include safety (no downed power lines) and the ability to receive electrical power during storms with high winds. The January 1, 1994 assessed value was the most recent valuation available when the project had to proceed. Once the value date was selected, it had to be used for the project. The City proposes to issue bonds or obtain a loan to finance this project pending collection of the special assessments. The estimated cost of the project is $1,098,000, approximately 80% of $1.4-million. The additional $302,000 will cover bond financing including issuance costs, capitalized interest and funding a debt service reserve. Once the assessment is approved, property owners will be able to prepay, prior to the issuance of the bonds, at 80% of their assessment amount. Others will be billed 100% of their assessment through the tax collector over 10 years at an interest rate of 1% for administrative costs over the rate of the bonds. Once the project is complete, those who prepaid will be refunded the difference between their share of the actual project cost and the amount they prepaid. Once the bonds are paid in full, those who paid over time will be refunded the difference between the amount they paid and their share of the actual project and bond financing costs. Finance Director Margaret Simmons reviewed the background of this issue. Concerns have been expressed the assessments are based on the January 1, 1994 assessment. She reported although some assessments would be lower if the January 1, 1995 roll is used, the difference is not significant. Bernie Brown, representative for Harborage II Condominiums, said the lines already are buried on the three streets in his area and suggested the proposal offers no improvement for his neighbors. He said in the survey, only 43% of the residents indicated they favored the proposal. He felt assessing the tax on boat slips is ridiculous. Jim Warner, President of the Sand Key Civic Association, said Gulf Boulevard was impassable due to downed power lines following the "No-name" storm of March 1993 and Harborage residents could not egress their property. He said the area would be much safer in the event of a storm after the power lines are buried. He thanked the City Commission for their support. Al Lijewski, past president of the Sand Key Civic Association, said this request was made years ago. He said 60% of the residents responded to the survey. He noted all residents had the right to vote and should have exercised it. He noted 72% of those who replied, favored the project and indicated they were willing to pay their fair share. He said basing the assessments on the tax rolls is fair. He said there is no significant reason not to approve. Commissioner Justice questioned if the Sand Key Civic Association represented all Sand Key residents. Mr. Lijewski said it did not but indicated the ballot went to every Sand Key property owner. Commissioner Justice questioned if the board meetings had been properly advertised to the public. Mr. Lijewski said that had been done. He said not one condominium development has more residents who oppose this issue than approve it. Mr. Brown said 100% of the owners in Harborage II who responded to a survey in the lobby opposed the project. He submitted a list of the owners' signatures. Nicholas Fritch said he voted against the issue in 1993, but recognizing the democratic process, urged the Commission to approve the item. Bob Henion said the ballot was mailed to all owners and noted even overseas owners responded. He said the amount of the assessment is consistent with the estimate. He said lists in lobbies are not as detailed or complete as the ballot process that was done. Allan Baker, Ultimar I Association President, said their principal concern is not to object to enhancing the area's beauty but with selective taxation. He said US Steel's assessment is based on vacant property. He said basing the assessment on the 1995 roll would result in more than a $30 savings per resident. He said a more recent roll now is available. He requested a more equitable distribution of the assessment. Sylvia Alberdi said the residents' primary concern is the protection of their buildings for which assessments are currently being imposed. She said this added assessment is an additional burden for residents who cannot afford it. She requested the Commission delay action for a while. She said this assessment is being proposed to make an aesthetic point. Mayor Garvey noted when the power lines were down after a storm, residents were unable to move, therefore this is more than an aesthetic issue. Commissioner Thomas referred to the low assessment on a building under development and questioned if it were possible to recalculate that assessment. Ms. Simmons said the City must use one assessment roll and stick with it. She said the whole procedure would need to start again if a new assessment roll is chosen. Commissioner Thomas questioned the cost of such a delay. Ms. Simmons said the biggest problem would be the delay of the project. She said the costs would increase. Commissioner Johnson moved to approve public improvements benefiting property in the City of Clearwater Special Assessment District No. 95-1, levying special assessments for the cost thereof on property in said district, confirm the final assessment roll, and confirming the City's intent to issue bonds to finance the project and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. The City Attorney presented Resolution 95-69 and read it by title only. Commissioner Johnson moved to pass and adopt Resolution # 95-69 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Thomas, Johnson, Justice and Garvey "Nays": None. ITEM #16 - Public Hearing - Res. #95-70 - setting forth City’s intent to use the uniform ad valorem method of collection of a non-ad valorem assessment for Special Assessment District 95-1 (FN) Resolution 95-69 established Special Assessment District 95-1 to pay costs related to burying power lines along Gulf Boulevard on Sand Key. Section 197.3632, Florida Statutes, provides for the uniform ad valorem method of collection of a non-ad valorem special assessment. Under this method, the special assessment is billed and collected through the County Tax Collector. This assessment involves 2,855 parcels. City staff determined the uniform method of collection is the most appropriate collection method for an assessment of this size. Commissioner Thomas moved to set forth the City's intent to use the uniform ad valorem method of collection of a non-ad valorem assessment for Special Assessment District 95-1 and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. The City Attorney presented Resolution #95-70 and read it by title only. Commissioner Justice moved to pass and adopt Resolution #95-70 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Thomas, Johnson, Justice and Garvey "Nays": None. ITEM #17 - Not Public Hearing - First Reading Ord. #5906-95 - providing for issuance of not to exceed $1,400,000 Special Assessment Bonds, Series 1995 to pay costs related to burying of power lines & installation of street lighting along Gulf Blvd. on Sand Key (FN) This ordinance, prepared by bond counsel and reviewed by staff and the City's financial advisor, provides the ability to issue bonds necessary to pay costs related to burying power lines and installing street lighting along Gulf Boulevard on Sand Key. The City plans to file proceedings to validate these bonds and the related assessments through the courts prior to authorizing the project or issuing the bonds. These bonds will be repaid over 10 years as the special assessments are collected. A pledge of the Special Assessments will be used to secure payment of the principal and interest on the bonds. Following a validation hearing expected in late October, the City intends to give the affected property owners 30 days to prepay their assessment, less costs associated with issuing bonds. Following this period, financing for the uncollected cost will be obtained by the most economic method, probably through a bank loan or direct placement. Commissioner Berfield moved to provide for the issuance of not to exceed $1.4-million Special Assessment Improvement Bonds, Series 1995 to pay costs related to the burying of power lines and installation of street lighting along Gulf Boulevard on Sand Key and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #5906-95 for first reading and read it by title only. Commissioner Berfield moved to pass Ordinance #5906-95 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Thomas, Johnson, Justice and Garvey. "Nays": None. ITEM #18 - Public Hearing - Res. #95-61 - authorizing placement of liens on properties for unpaid utility bills (FN) The City Manager reported this item would be continued to allow the City Attorney to research Mr. Gardner's letter questioning the legality of this proposed action. Commissioner Thomas moved to continue this item to the September 21, 1995 meeting. The motion was duly seconded and carried unanimously. The Commission recessed from 10:08 to 10:20 p.m. ITEM #19 - 1995/96 Budget (CM) Budget Director Tina Wilson stated priorities in Fiscal Year (FY) 1995/96. Ms. Wilson reported Clearwater receives only 22% of the property tax millage and indicated Clearwater's millage rate has not changed in five years. Ms. Wilson said 7.7 positions have been added to the budget to include a tourism and promotion specialist, a part time recreation leader at the Sailing Center and a part-time recreation leader at Countryside Recreation Center. Ms. Wilson reviewed the City's General Fund revenues and expenditures. Only 29% of the City's revenues come from property taxes. Ms. Wilson indicated the City Commission's policy is to maintain a 10% "savings account." She stated the current level is 13.5%. Ms. Wilson said the budget includes the water rate increases passed through from the County. The gas fund reflects the recent rate increase. Ms. Wilson also reviewed the Capital Improvement Program (CIP). Joe Evich, President of the Coalition of Clearwater Homeowners Association, said it was commendable the same millage rate was maintained. He commended Ms. Wilson and her staff of two. Mr. Evich expressed concern the budget is not quite balanced. He said the Harborview Center requires another $800,000 in funding without any clear revenue and the budget is $120,000 short in licensing fees. He said the Coalition has been advocating a reduction in the number of City employees through attrition and right-sizing. He noted the original CIP did not include funding for the proposed Memorial Causeway Bridge or $17-million for the proposed downtown lake or $1.6-million to complete the Harborview Center. He said bonds would cost the City $3-million over the next 20 years. Mr. Evich expressed concern $1.5-million of the stormwater revenue is earmarked for the proposed downtown lake. The City Manager said she appreciated Mr. Evich's interest in the budget. She noted the City now is offering a number of new programs. Since 1983, 179 new program positions have been covered by an increase of only 57 employees. The City Manager said staff will continue its effort and reported they are reviewing processes to streamline procedures. She said the City is absolutely on target and is not just filling positions. She said she was proud of what the City has done. a) First Reading Ord. #5912-95 - 1995/96 millage rate The City Attorney presented Ordinance #5912-95 for first reading and read it in full. Commissioner Thomas moved to pass Ordinance #5912-95 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Thomas, Johnson, Justice and Garvey. "Nays": None. b) First Reading Ord. #5913-95 - 1995/96 Operating Budget The City Attorney presented Ordinance #5913-95 for first reading and read it by title only. Commissioner Thomas moved to pass Ordinance #5913-95 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Thomas, Johnson, Justice and Garvey. "Nays": None. c) First Reading Ord. #5914-95 - 1995/96 CIP Budget The City Attorney presented Ordinance #5914-95 for first reading and read it by title only. Commissioner Justice moved to amend the proposed Capital Improvement Project for the District Parking Plan, reducing the 1995/94 fiscal year funding from $230,000 to $100,000, and reducing the cumulative six year total of the project from $690,550 to $100,000. The motion was duly seconded and carried unanimously. Commissioner Thomas moved to pass Ordinance #5914-95 on first reading as amended. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Thomas, Johnson, Justice and Garvey. "Nays": None. ITEM #20 - Ord. #5741-95 - Land Use Plan Amendment to Commercial General for property located at 509 Bayview Ave. and 508 Meadow Lark Lane, Town of Bay View a/k/a McMullen Bayview Sub., Blk 3, part of Lots 1 & 2, and S 1/2 of vacated street abutting N side of lots, 0.70 acres m.o.l. (R. Roy Meador, LUP93-43) Commissioner Thomas has requested this item be continued for 30 days per Commission Rule #12. Commissioner Johnson said he was present one evening when the previous Commission denied a Commissioner's request for the same privilege to delay an item for 30 days. He questioned why a 30 day continuance was being requested. Commissioner Thomas said he had given his reasons regarding the need for Florida Department of Transportation (FDOT) permitting and stated the rules for continuance are specific. Commissioner Johnson expressed concern the request he made at his first meeting to change this rule had not been accomplished. The Mayor expressed concern Commissioner Thomas had indicated his intention during Monday's Work Session to continue this item 30 days even though the FDOT permitting process takes 90 days. She noted Commissioner Thomas previously had denied former-Commissioner Fitzgerald's request for a 30 day extension. Commissioner Thomas indicated that item had already been extended twice. Commissioner Justice expressed concern those in opposition to this item had left. He did not feel it was right to hear the item without their presence. Commissioner Thomas questioned the City Attorney's interpretation of the rule. Mayor Garvey said she would be more comfortable had Commissioner Thomas not indicated another Commissioner could continue the item for another 30 days. Commissioner Thomas said he intended to require the applicant, Mr. Meador, to file the proper application with FDOT. Harry Cline, representative for the applicant, said a motion to continue is required but noted his opposition to the request for a continuance. He noted Commissioner Thomas' request for a continuance does not have the force of law. He said a comparable precedent was established when former Commissioner Fitzgerald's request for a continuance was not recognized by the Commission, including Commissioner Thomas. Mr. Cline reviewed the minutes from the March 16, 1995 City Commission meeting and requested the same action tonight. Mr. Cline noted the previous hearing on this item lasted more than five hours and addressed zoning and land use issues. He noted Commissioner Thomas' requirement that Mr. Meador obtain a permit from FDOT is a building issue and should not be a concern of the City Commission. He noted his client cannot change the site plan without coming before the City Commission. Commissioner Berfield noted former Commissioner Fitzgerald's request had been for a second thirty-day continuance. Mr. Cline filed the March 16, 1995 minutes with the City Clerk and noted the City Attorney's interpretation had been that each Commission had the opportunity to continue an item once. He noted former Commissioner Fitzgerald had been denied that opportunity. Joe Evich expressed concern the agenda indicates the item is to be continued even if the item was advertised as a public hearing. He expressed concern the Commission may not follow its rules. He did not think it was fair to the public to continue discussing this item when the citizens had already left. He did not think a 30 day delay would impact the issue. Commissioner Thomas moved to continue the item for 30 days. The motion was duly seconded. Commissioner Justice suggested amending the motion to continue the item to the September 21, 1995 meeting. Commissioner Thomas said the rules are clear he can continue the item for 30 days. Commissioner Justice reiterated his suggestion to continue the item to the next meeting. He said he did not want to continue the item but felt it would be more fair to all parties if the public was present to participate in the discussion. David Campbell requested the City Attorney's opinion if Commissioner Thomas was allowed to request and obtain a 30 day continuance of this item. The City Attorney said the Commission's pattern and practice is to require a motion and vote. Commissioner Justice questioned the difference in a delay of 15 and 30 days. Commissioner Thomas said the applicant needs to apply to the FDOT for a permit. Mayor Garvey noted if the site plan cannot meet requirements, the proposed development will not continue. Commissioner Thomas questioned why a neighborhood should be "put through a meat grinder" before the City Commission knows the development can be accomplished legally. Mayor Garvey noted the project requires many permits. Mr. Campbell questioned if the rule is written, why is it not being followed. Mayor Garvey noted some Commissioners do not agree with it. The City Attorney indicated she had advised the City Commission that the rule requires a continuation to be motioned, seconded and voted on. She noted the City Commission had not honored a request once previously. Commissioner Justice said he had proposed a compromise. Mr. Campbell expressed concern regarding the City Commission setting an example on how to follow rules. Commissioner Justice noted if the City Commission makes the rules, they can change them. Commissioner Thomas said he would accept Commissioner Justice's compromise and amended his motion to continue the item to September 21, 1995. The amendment was accepted by the seconder. Mr. Campbell said this item is controversial and indicated every person who spoke at the August 17, 1995 meeting was against the proposal. He noted Commissioner Thomas had claimed the development did not comply with 7 of the 11 Standards for Approval. He felt approving this item would be a violation of the law. Joe Evich commended Commissioner Justice for seeking compromise. He said the August 17, 1995 meeting had set a precedent when the Commission approved an item where all 11 Standards for Approval had not been met. He questioned if the City Attorney and staff claimed the proposed site plan complied with all Standards for Approval. He said this proposal marks the start of a neighborhood being eliminated. He suggested the City buy the nearby mobile home park property for preservation. Commissioner Justice said he did not agree with people who keep saying the Bayview neighborhood is going to be ruined. He indicated the City must give property owners reasonable use of their property. He felt the applicant had done what is reasonable and did not think the station would add even one car to traffic on Gulf-to-Bay Boulevard or Bayview. He said the development provides several benefits to the neighborhood: better access to the gasoline station; sidewalks would be built; and the pollution would be cleaned. He said he measured the buffer between the gasoline station and the neighborhood at 29 feet on one side and 54 feet on the other. Commissioner Justice said the Bayview neighborhood was historical at one time before the dock, post office, etc. were removed. He suggested the first five houses on Bayview could be considered historical. He noted a non-historic meditation center now is located where Dr. Fred McMullen's historic house once stood. He said other neighborhood houses are nice, but not historical. He agreed Mrs. McMullen's house is historical. Commissioner Justice referred to the argument that the development would ruin the business next door. He noted the merchant said he depended on walk up traffic from Bayview and collected 500 signatures from customers. Commissioner Justice suggested the merchant has little to worry about and doubted his customers or neighbors will trade at the new FINA Station. He said the precedent for commercial development at that location has already been set. He noted the current 300 square foot gasoline station is smaller than his garage. He did not think the proposed development would ruin anything out there. Commissioner Johnson said Commissioner Justice's comments were eloquent and indicated he agreed with them 100%. Mayor Garvey agreed. She said she is being a leader and is viewing this issue from a pragmatic point of view. She noted whether the proposal is approved or not, a service station still stands at that location. She said the Commission does care about neighborhoods. They also have to look at what changes are reasonable. She noted the proposed expansion is 0.3 acres. She realized some have strong feeling regarding this issue but referred to the need to look at a larger picture. Mr. Cline recommended the City Clerk not indicate items on the agenda are to be continued when only a request has been made. He requested that Commissioner Berfield not request an additional continuance. Commissioner Thomas said he hoped the City Commission recognized they had "busted a rule." He said "all bets are off" for those who request a continuance in the future. Mayor Garvey said this is exactly what was done to former Commissioner Fitzgerald last Spring. Commissioner Johnson said he regretted Commissioner Thomas felt that way and was distressed by his comment. Commissioner Johnson said Commissioner Thomas had broken the rule in March. The City Attorney referred to questions regarding if the City Commission is meeting code and indicated whether or not they are in compliance is a City Commission decision. She noted the City Commission made that decision by approving this item at the last public hearing. Mayor Garvey submitted for the record, staff's reasons for supporting the amendment for rezoning (Exhibit A). Mr. Campbell reiterated that 100% of the comments made during the public hearing opposed the proposed rezoning. Commissioner Justice said the Commission would be setting a precedent if they based their decisions on the number of citizens who attend and speak to an item. Upon the vote being taken, the motion, as amended to continue the item to September 21, 1995, carried unanimously. ITEM #21 - Ord. #5742-95 - CPD Zoning for property located at 509 Bayview Ave., 508 Meadow Lark Lane, and 3009 Gulf to Bay Blvd., Town of Bay View a/k/a McMullen Bayview Sub., Blk 3, part of Lots 1 & 2 and Bayview City Sub., Lot A, and vacated street r-o-w between Lot A and Lots 1 & 2 of McMullen Bayview Sub., 1.02 acres m.o.l. (R. Roy Meador, Z93-54) Commissioner Berfield moved to continue this item until September 21, 1995. The motion was duly seconded and carried unanimously. ITEM #22 - Ord. #5820-95 - Amending Sec. 42.34 - LDCA re parking space formulae (LDCA 94-28) The City Attorney presented Ordinance #5820-95 for second reading and read it by title only. Commissioner Thomas moved to pass and adopt Ordinance #5820-95 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Thomas, Johnson, Justice and Garvey "Nays": None. ITEM #23 - Ord. #5890-95 - Amending the provisions of Div. 3 of Art. 5 of the City's Code of Ordinances, adopting a revised Employees' Pension Plan, providing for a referendum election relating to the pension plan Pat Buzek said Leslie Stout-Tabackman, attorney in the Snair versus City suit requested Ms. Buzek advise the City Commission she had not signed off on this plan. Commissioner Thomas expressed concerns Deputy City Manager Kathy Rice had indicated the City had notified this law firm and the law firm denies it. Ms. Rice said the City's labor attorney wrote Ms. Stout-Tabackman's firm and provided them with the proposed language. Commissioner Thomas questioned why Ms. Stout-Tabackman's firm said they were not contacted when the City's labor attorney reported she had contacted them. Ms. Rice said Ms. Stout-Tabackman should be contacting the City's labor attorney and not a client. Commissioner Thomas expressed concern it is a violation of the law for a law firm to make a claim like this. The City Attorney said staff had not indicated Ms. Stout-Tabackman's law firm had approved the language. Commissioner Thomas questioned if the law firm had indicated they never had heard from the City. Ms. Buzek said that was correct. Commissioner Thomas requested the City Manager and City Attorney find out what is going on as he felt this indicates a significant breach of legal responsibility had occurred. Ms. Rice said the AARP settlement also states if a litigant disagrees with the bargained contract, specific ways to address the matter exist. The City Attorney said she would forward a copy of the letter to the law firm and question if they had received it. The City Manager indicated she is a member of the Pension Plan and will be personally affected by a decision. Mayor Garvey recommended the pension plan go to referendum. She said the agreement is beneficial to City employees and citizens at large. Commissioner Thomas expressed concern 18 employees have fallen through the crack regarding Social Security and requested the City Manager bring this item back to a Work Session. The City Attorney presented Ordinance #5890-95 for second reading and read it by title only. Commissioner Berfield moved to pass and adopt Ordinance #5890-95 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Thomas, Johnson, Justice and Garvey "Nays": None. ITEM #24 - Ord. #5894-95 - Relating to Franchise Agreement with Time Warner Entertainment-Advance/Newhouse Partnership, to amend the agreement to extend the term of the franchise for a period of 3 months, ending on 11/1/95; amending Ord. #2085 increasing the franchise fee paid to the City to 5% The City Attorney presented Ordinance #5894-95 for second reading and read it by title only. Commissioner Johnson moved to pass and adopt Ordinance #5894-95 on second and final reading. The motion was duly seconded. David Campbell reminded the City to address adding C-Span II to local cable viewing choices during negotiations. He expressed concern the channel broadcasting Mind Extension University has lost budgeting. He suggested Time Warner Entertainment-Advance/Newhouse be requested to pick up that broadcast off the satellite and provide a channel for it. Upon roll call, the vote was: "Ayes": Berfield, Thomas, Johnson, Justice and Garvey "Nays": None. ITEM #25 - Ord. #5915-95 - Relating to Salary Increases for the Mayor and Commissioners; amending Sec. 2.263 The City Manager indicated this item needed to be continued to a Special Meeting scheduled for September 12, 1995 at 12:00 noon to allow for proper advertising. Commissioner Berfield moved to continue this item to a Special Meeting scheduled for September 12, 1995 at 12:00 noon. The motion was duly seconded and carried unanimously. ITEM #26 - Citizens to be heard re items not on the Agenda David Campbell referred to the County's recent request for Clearwater's reclaimed water. He felt Mr. Baker's remarks indicate the City sees no reason not to give the water to the County for the next 30 years. He said State policy encourages cities to annex enclaves through an Interlocal agreement with the County. He suggested the City offer its reclaimed water in exchange for the Interlocal agreement. CITY MANAGER REPORTS CONSENT AGENDA (Items #27-44) - Approved as submitted. ITEM #27 - Contract for radio maintenance for Fire Department’s 800 MHz Emergency Dispatch Radio System to Motorola, Inc., for the period 10/01/95 -09/30/00, at an estimated annual cost of $8,754, for a total estimated $43,770 (FD) ITEM #28 - Purchase of property, casualty, liability, workers’ compensation, & flood insurance coverage in an amount not to exceed $820,000 for FY 1995/96 (FN) ITEM #29 - Rescind 01/19/95 action re contract award to Sunshine Chevrolet-Oldsmobile of Tarpon Springs, Inc. for purchase of three 1995 Chevrolet 1/4-ton maxi-cab pickup trucks for $44,937; ratify and confirm Deputy City Manager’s emergency purchase of three 1995 Ford 1/2-ton pickup trucks from Duval Ford, Jacksonville, FL, for $43,897; financing to be provided under City’s master lease-purchase agreement (GS) ITEM #30 - Ratify/Confirm City Manager’s emergency purchase of 1 street sweeper from Florida Municipal Equipment, Lakeland, FL, for $105,890; financing to be provided under City’s master lease-purchase agreement (GS) ITEM #31 - Purchase of 142 Orion mobile radios from Ericsson/GE, Tampa, FL, for $446,446; financing to be provided under City’s master lease-purchase agreement (GS) ITEM #32 - Contract for satellite copy machines, services & related supplies (excluding paper) to Xerox, Tampa, FL, for the period 11/01/95 -10/31/96, at an estimated $68,000 (IM) ITEM #33 - Purchase of an Odetics Prophet II-P video playback system from Odetics Broadcast, Tampa, FL, for $135,858; authorize lease purchase through City agreement (IM) ITEM #34 - Contract for Jack Russell Stadium conditioning / strengthening building, storage building, & for Carpenter Field maintenance building to Grosz - Stamper Construction, Inc., for $184,276.25 (PR) ITEM #35 - Contract for Jack Russell Stadium elevator & ramp to Grosz - Stamper Construction, Inc., for $146,400 (PR) ITEM #36 - Contract for hauling of rock, sand & shell to be picked up at various mines & delivered to the City by Norred Trucking, Inc., Tampa, FL, during the period 10/01/95 -09/30/96, for $4.75 per ton for rock & sand, and $4.50 per ton for shell, at an estimated annual cost of $56,000 (PW) ITEM #37 - Renew existing contract for parking attendant services at Pier 60 & 2 S. Gulfview parking lots with Republic Parking Systems, Chattanooga, TN, for the period 10/01/95 -09/30/96, for $260,610 (EN) ITEM #38 - Contract for 1995 Sanitary Sewer Restoration to Madsen/Barr Corp., Inc., Longwood, FL, for $651,362.50 (EN) ITEM #39 - Contract for Del Oro Storm Replacement - Phase I to Overstreet Paving Co., Largo, FL, for $874,221.75 (EN) ITEM #40 - C.O.#1 to Marina Fishing Pier Contract to Inter-Bay Marine Construction Co., Largo, FL, for $12,411, for a new total of $134,833.45 (EN) ITEM #41 - Receipt/Referral - LDCA to modify parking restrictions in Beach Commercial districts (LDCA95-18) (CP) ITEM #42 - Receipt/Referral - LDCA to increase allowable height for fences that enclose swimming pools and are located in waterfront or street r-o-w setback areas (LDCA95-16) (CP) ITEM #43 - Purchase of furnishing & installation of office furniture & misc. equipment for Municipal Services Complex to: Wilkerson Sassman, Inc., Tampa, FL, for $1,013,674.79; Wagner Office Furniture, Inc., Tampa, FL, for $108,960.14; CDS, Inc., Orlando, FL, for $51,977.40; and Beaux-Arts Group, Inc., Tampa, FL, for $15,437, for a total of $1,190,049.33 and allow for an estimated contingency of $25,387.67 for shop drawings and modifications to fit building space upon installation (CM) ITEM #44 - Approve staff ranking of RFP respondents with direction to negotiate a contract with Kimley-Horn and Associates to study beach parking & downtown issues (EN) Mayor Garvey referred to Item #42 and questioned why the height of these fences is now a problem. Mr. Shuford indicated staff would provide that information. Commissioner Berfield moved to approve the Consent Agenda as submitted and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. OTHER ITEMS ON CITY MANAGER REPORT ITEM #45 - Amendments to Harborview Center Construction Budget - approve appropriations for completion of Harborview Center consisting of $560,000 for changes in work scope, $300,000 for completion of 3rd Floor Restaurant, and $300,000 for upgrade in selected item quality; for a total of $1,160,000 (CM) Funding will be provided by a third quarter amendment appropriating $700,000 of the unappropriated retained earnings of the General Fund, and a loan from the Central Insurance Fund of $460,000 against future Penny for Pinellas Infrastructure tax collections. Interest at the cash pool rate will be payable annually out of the Penny for Pinellas collections. The Harborview Center Financial Overview is: 1) Phase I (Stein Mart) approved April 7, 1994 - $285,000 - Architect Fees, $160,605 - Contractor Fees, $2-million - Construction Costs; 2) Change in Scope: a) Phase 1A approved June 14, 1994 and b) full coverage of exterior) - $110,000 - Architect Fees, $157,000 - Contractor Fees, $825,000 and $400,000 - Construction Costs; 3) Phase 2: a) third floor completion; b) first floor completion; and c) elevator/escalator/entrance -$379,000 - Architect Fees, $390,000 - Contractor Fees, $4,227,000 - Construction Costs; 4) Column Removal - $12,000 - Architect Fees, $9,000 - Contractor Fees, $154,000 - Construction Costs; 5) Restaurant shell - first floor - $5,900 - Architect Fees, $4,200 - Contractor Fees, $70,500- Construction Costs; 6) Restaurant shell - third floor - $10,000 - Architect Fees, $7,000 - Contractor Fees, $119,000 - Construction Costs; 7) Establish catering kitchen - $20,000 - Architect Fees, $7,500 - Contractor Fees, $122,500 - Construction Costs; 8) Finish Restaurant - First floor - $15,000 - Architect Fees, $5,000 - Contractor Fees, $80,000 - Construction Costs; 9) Partial Furnishings, Fixtures and Equipping of Center - $196,890; 10) Parking lot improvements - $25,400; 11) Purchase of property - $1.9-million. Total to date (August 31, 1995) is: $836,900 - Architect Fees, $740,305 - Contractor Fees, $7,998,000 - Construction Costs; $2,122,290 - Other Costs. Further considerations for the Harborview Center include: 1) Finish third floor restaurant - $27,000 - Architect Fees, $30,000 - Contractor Fees, $243,000 - Construction Costs; 2) Scope change costs for additional escalator - $14,400 - Architect Fees, $8,000 - Contractor Fees, $137,600 - Construction Costs; 3) Scope change for additional 7,500 square feet - $17,500 - Architect Fees, $15,000 - Contractor Fees, $317,500 - Construction Costs; 4) Scope change for additional contingency - $4,500 - Architect Fees, $2,500 - Contractor Fees, $43,000 - Construction Costs; 5) Possible upgrades - $15,000 - Architect Fees, $15,000 - Contractor Fees, $270,000 - Construction Costs; 6) Complete furniture, fixtures and equipment purchases - $299,516. Total further considerations are: $78,400 - Architect Fees, $70,500 - Contractor Fees, $1,011,100 - Construction Costs; $299,516 - Other Costs. Mr. Baker said the designers had not yet developed another color scheme. He said this item is to be approved with the understanding that the color scheme will meet with the Commission's approval. Commissioner Thomas moved to approve appropriations for the completion of the Harborview Center consisting of $560,000 for changes in work scope, $300,000 for the completion of a third floor restaurant, and $300,000 for upgrades in selected item quality; for a total of $1,160,000. The motion was duly seconded. Commissioners Thomas, Johnson, Justice and Mayor Garvey voted "Aye"; Commissioner Berfield voted "Nay." Motion carried. ITEM #46 - Phase II purchase of Furniture, Fixtures & Equipment for Harborview Center, for $299,516 (CM) On February 27, 1995, -the City Commission approved $196,890 for the purchase of Phase I Furniture, Fixtures and Equipment (FF&E) expenses requested by Globe Facility Services, Inc. (GFS), for the Harborview Center. That approval represented approximately half the total FF&E needs. The following is the list of items GFS requests be purchase in the Phase II FF&E budget: 1) 200 wood exhibit tables - $16,476; 2) 20 table carriers - $4,000; 3) 8 pipe and drape carriers - $2,400; 4) 10 control ropes - $1,750; 5) 3 overhead projectors - $1,050; 6) 3 projector carts - $750; 7) 3 lecterns - $1,500; 8) 4 TV with VCR - $2,000; 9) 5 TV stands - $750; 10) 1 internal sound system - $40,000; 11) 2 remote microphones - $5,600; 12) 8 computers - $26,000; 13) 8 software - $0; 14) 1 printer - $1,200; 15) 1 Fax - $400; 16) 1 copier - lease; 17) 1 forklift - $10,000; 18) 4 vacuum cleaners - $1,200; 19) 1 billy goat - $350; 20) 1 pickup truck - $10,000; 21) 4 dollies - $800; 22) 2 hand trucks - $300; 23) 6 ADA hearing asst. - $1,200; 24) 1 refrigerator - $400; 25) 1 microwave - $300; 26); 1 time clock - $1,200 27) 1 regulation system - $600; 28) miscellaneous tools - $5,000; 29) 100 drop cords - $2,000; 30) 25 quad boxes - $250; 31) 30 artificial plants - $3,000; 32) 30 interior trash cans - $2,250; 33) 8 exterior trash cans - $1,200; 34) 12 table skirts w/logo - $1,800; 35) 300 exhibit table skirts - $7,500; 36); 200 rental booth carpet - $6,000 37)2 carpet seam irons - $50; 38) carpet tape - 0; 39) 200 exhibit trash cans - $3,000; 40) 2 follow spots - $12,000; 41) 2 light trees - $1,000; 42) 10 lights & fixtures - $5,000; 43) 10 plastic tables - $5,000; 44) 40 plastic chairs - $200; 45) 10 umbrellas - $1,000; 46)2 slide projectors - $800; 47) 5 projector screens - $1,500; 48) 8 office furniture - $30,000; 49) office telephone system - cost unavailable; 50) 8 prefunction sofas - $9,600; 51) 16 prefunction chairs - $11,200; 52) 16 prefunction end tables - $3,200; 53) 8 prefunction coffee tables - $2,000; 54) 16 prefunction lamps - $1,600; 55)1 promoter telephone - $150 56) 20 exhibitor telephones - $1,000; 57) 1 piano - $4,000; 58) 2 cellular telephones - $990; 59) 8 walkie talkies - $4,000; 60) 1 safe - $2,000; 61) 6 double pedestal announcement boards - $1,500; 62) dishes for catering kitchen - $24,000; 63) utensils for catering kitchen - $4,000; 64) miscellaneous for catering kitchen: i.e., chafing dishes, fountain, tray-stands, beverage dispenser, premix bar, pots, pans, etc. - $16,000 - Total: $299,516. Funding will be provided by a third quarter budget amendment reflecting a loan from the Central Insurance Fund. Interest at the cash price rate will be payable annually out of Penny for Pinellas collections. No principal payments will be due until fiscal year 2000, when the entire unpaid balance will be repaid out of Penny for Pinellas collections that year. Commissioner Thomas moved to approve $299,516 for furniture, fixtures & equipment expenses for Phase II for the Harborview Center and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. ITEM #47 - 1995/96 Harborview Center Budget (CM) The Harborview Center's restaurants, catering facilities, meeting rooms, retail store and banquet hall are designed to attract meetings, conventions, trade-shows, business and social events to the City. The Center's staff also assist in planning events. Conference center operations are managed by Globe Facility Services (GFS) under the terms of a three-year contract with the City. Fiscal Year (FY) 1995/96 operating revenues reflect $276,150 of rental income estimated for nine months of operation at the Center; $110,000 rental income from SteinMart; $15,000 from Clearwater's of the Bluff; $6,250 from Pickles Plus; and $96,000 from the catering kitchen operations. The Harborview Center Fund is an enterprise fund established to account for all financial activities of the Harborview Center facility. Other financing sources reflect a loan from the consolidated cash pool to offset the operating deficit in FY 1995/96. In FY 1995/96, operating expenditures are recognized for twelve full months of operation although most operating revenues will be generated for a nine month period or less. For FY 1995/96, 26 exhibits and 170 meetings are projected for January through September 1996. Total conference center income for FY 1995/96 is projected to be $372,150. Expenses include $369,507 for personnel and $426,990 for operations resulting in a projected 12 month loss of $293,097. Personnel costs include a general manager, an administrative assistant, a finance department director, a marketing department director, an event services department director, event coordinator, and security person, and an operations department director, an engineer/superintendent and two laborers. Commissioner Thomas expressed concern the City's portion of the catering income is not reflected in the revenues. Globe Facility Services General Manager Mani Costa said only the actual rent is listed. The City Manager indicated the $96,00 projected income from catering for a partial year is included in the budget. Commissioner Berfield questioned when the Center would open. Mr. Costa said in January 1996. The City Manager indicated the restaurants may not be open at that time. Commissioner Berfield moved to approve the Fiscal Year 1995/96 Harborview Center Budget and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. ITEM #48 - 1994/95 Third Quarter Budget Amendments (CM) The Third Quarter Review of the City Manager's Annual Budget Report includes comments on major variances and explanations of proposed amendments. Provided are: a schedule of administratively approved change orders; a schedule of special law enforcement trust funds; and a list of self insurance fund settlements for the quarter. This report is based on nine months activity (October 1994 through June 1995) in this fiscal year. In some instances, variances are noted in revenues and expenditures. Some amendments will not be proposed until additional data can be analyzed. The third quarter review reflects the effect of the 4% contractual wage adjustments approved by the City Commission in all funds. The effect of this increase resulted in an increase of $952,660 across all General Fund Departments. This increase was offset by funding established in the original operating budget that totaled $650,000 and resulted in a net increase of $302,660. These funds are provided from the unappropriated retained earnings of the General Fund at third quarter. In addition, the third quarter budget establishes a $1-million "reserve" from General Fund retained earnings for the payment of salaries for retiring employees who remain on the City's payroll using extended accrued leave pay. This fund is established due to the abnormally large number of retirements expected in the near future, especially with implementation of the revised Pension Plan effective in January 1996, if approved. Retained earnings of the General Fund also provide $700,000 for additional needs at the Harborview Center. This agenda item is presented to the City Commission on September 7, 1995 for separate consideration and the third quarter amendments assume its approval. Additional revenue sources from ad valorem taxes, utility taxes and fines provide funding for the final needs for the ADA improvements to City facilities and additional funding for technology needs in the new Municipal Services complex. Third quarter amendments to the Water and Sewer Fund reflect revenues from the sale of the sludge farm property of $999,490 and savings in water inventory purchases. Gas Fund revenues and expenditures increased due to the recognition of the loan from the cash pool offsetting Commission approved budget transfers of revenues to Pasco capital projects as an interim measure until Pasco Gas bonds are issued. Funding will be returned to the cash pool with the sale of the bonds. Solid Waste revenues reflect anticipated increases in collection charges and interest earnings for the year. These revenue increases offset the budgeted expenditure increases in the fund due to the 4% contractual salary adjustments. Stormwater revenues reflect anticipated increases in interest earnings offsetting small increases due to the 4% contractual wage adjustments. The Harborview Center's third quarter budget review reflects a net increase of $669,564 and includes $109,564 for the Center's marketing plan approved by the City Commission on February 27, 1995; $100,000 for the completion of the Pickles Plus restaurant approved August 3, 1995; and $460,000 representing a loan from the Central Insurance Fund presented under a separate agenda item addressed to the City Commission September 7, 1995. The Internal Service Funds reflect only minor adjustments primarily related to the 4% contractual salary adjustments. Amendments to the Capital Improvement Fund total a net increase of $2,908,621. The Mayor noted a $1-million "reserve" has been set aside due to the large number of retirements expected. Commissioner Thomas moved to accept the third quarter review of the amended City Manager's Annual Budget Report for FY 1994/95. The motion was duly seconded and carried unanimously. a) First Reading Ord. #5910-95 - 3rd Quarter amendment 1994/95 Operating Budget The City Attorney presented Ordinance #5910-95 for first reading and read it by title only. Commissioner Justice moved to pass Ordinance #5910-95 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Thomas, Johnson, Justice and Garvey. "Nays": None. b) First Reading Ord. #5911-95 - 3rd Quarter amendment 1994/95 CIP The City Attorney presented Ordinance #5911-95 for first reading and read it by title only. Commissioner Johnson moved to pass Ordinance #5911-95 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Thomas, Johnson, Justice and Garvey. "Nays": None. The City Manager thanked Ms Wilson and her staff for their work on this year's and the upcoming budget. ITEM #49 - Sandcastle on the Beach (CM) Jerome Katz, of Sand Blast '96, submitted a proposal to the City requesting permission to construct the world's tallest sandcastle on Clearwater beach in October 1996. Following Mr. Katz's presentation to the Special Events Committee, the committee chose not to take a position regarding the project. The committee made 19 recommendations should the project be approved. City Engineer Rich Baier said the Florida Department of Transportation (FDOT) has indicated they cannot guarantee four lanes will be open on the Memorial Causeway during Fall 1996. FDOT has programmed a $2.2-million rehabilitation project. Mr. Katz presented a brief video on a previous sandcastle. He said Clearwater and Clearwater beach have been tourist destinations for years but aggressive marketing from other locations has eroded that base. He said the event would place Clearwater in the forefront of family oriented tourist destinations. He estimated the value of the media coverage would be $75-million. The construction of the sandcastle will not create large trenches and his organization will make extensive efforts to maintain the area's cleanliness. Mr. Katz proposes to pay the City $200,000 for the rental of the beach. He said security and safety are priorities. Satellite parking will be provided free of charge. He said concession opportunities would be available to beach businesses first, and then Clearwater businesses before others could apply. He reported he will establish an #800 number to handle hotel reservations for beach properties. Mr. Katz said the beach would be restored following the event. He indicated he discussed this issue with Mr. Baker, Parks & Recreation Director Ream Wilson, Mr. Baier, Lt. Sibbert, the FDOT and the Florida Department of Environmental Protection (FDEP). They all expressed initial skepticism but seem to be satisfied with his plans. He reported he also presented the proposal to the Clearwater Beach Association and tourism council. He said they indicated they would form an advisory group to ensure the event is responsive to all concerns. Commissioner Thomas referred to staff's list of 19 conditions and questioned if Mr. Katz was ready to meet them. Mr. Katz said he was. Commissioner Thomas noted Mr. Katz had promised to provide a large sum of money to the event and questioned if he would provide the City with bonding or a letter of credit to cover these amounts. Mr. Katz said he would give the City $200,000 before construction begins. He said he will bond the event and predicted he would attract sponsorship. Commissioner Berfield expressed concern with the sandcastle's proposed location. Mr. Baker said the original location on top of the City's new concession stand can easily be moved. Mayor Garvey questioned where the 100 portalets would be placed. Mr. Baker said that configuration needs to be designed. Commissioner Thomas expressed concern regarding a State regulation requiring food operations to have running water. Mr. Katz said all vendors will have to obtain proper permitting. Commissioner Justice questioned if vendors would be cooking food. Mr. Katz said it is too early to tell. Parks & Recreation Director Ream Wilson said some changes have occurred to State law since the City's last seafood festival. He said the advisory committee will research what is permitted. He expressed concern regarding FDOTs plan to close part of the Memorial Causeway bridge during this time. He noted the need for the event to have support from the beach residential and business community. Commissioner Thomas expressed concerns the beach does not turn into an open sewer. Mr. Katz noted food festivals are held at Straub Park in St. Petersburg without running water or a mess. The Commission recessed from 12:18 to 12:30 a.m. Mr. Katz referred to a letter from the State to City Engineer Rich Baier and stated his agreement to pay all additional costs to keep the four lanes on the Memorial Causeway bridge open during this 30-day period. He said the Marine Science Center states in a letter to him regarding sea turtle nests that October is the end of the season and they had no problem with the plan as long as the FDEP approves it. Commissioner Johnson reported he has met with Mr. Katz and has given the proposal a great deal of thought. He said the project involves a great deal of sand and he has concern. He felt its proposed location is not appropriate. Mr. Baier wanted to clarify FDOTs statement regarding the Memorial Causeway bridge. The FDOT has stated Mr. Katz will be responsible for all excess costs to return the bridge to four lanes but cannot guarantee that will be possible. Commissioner Thomas noted the report that the company holding the bridge contract has filed for bankruptcy and suggested the project may be delayed. He felt the issue was moot if the City decided to build a new bridge. The Mayor said this issue must be addressed. Commissioner Thomas questioned if staff felt the City has the capacity to handle this event. Mr. Katz said in the past, similar events lasted nine days and attracted approximately 400,000 people. He suggested the number of daily visitors would decrease if the event is held over a longer time span. Commissioner Thomas questioned the affect of 50,000 daily visitors on the beach. Mr. Katz felt the weekend would be the only time the crowd would reach 50,000. He said he is working with the Police Department regarding the assignment of officers. Commissioner Thomas questioned what would happen if 50,000 people visited the beach. Lt. Wayne Sibbert said the projected crowd of 16,000 per day can be easily handled if everything is working. He agreed 50,000 visitors could be a problem. He noted the average spring break crowd is about 30,000. Commissioner Thomas suggested addressing crowd control. Lt. Sibbert said the City can provide needed services but noted that cost remains a question. John Doran, President of the Clearwater Beach Association (CBA), said he reviewed Mr. Katz's package. He reported the CBA passed a resolution to tentatively support the project, subject to approval by the hotel association. He said members are aware of the problems the event could cause but felt it would provide opportunities. He said the approval was conditioned on Mr. Katz handling traffic problems. He said the hotel owner's approval was based on Mr. Katz's promise to provide an #800 number for accommodation bookings and alternate transportation. He said the CBA met again September 5, 1995 and still favors the event. Al Lijeweski felt Mr. Katz has answered every question to his satisfaction. He noted the need for a steering committee consisting of beach business owners. He suggested the event should comply with requirements established by staff and beach business owners. Chuck Pollick, representing The Clearwater and Beaches Tourism Council (CBTC), said the CBTC reached consensus they would support City staff to establish requirements and conditions. He said the CBTC wished to add two points: 1) the #800 number would be supervised by the City's tourism director to ensure it is handled properly and 2) procedures would be established regarding how the event will be controlled and supervised. He felt the Clearwater Police Department can handle the event. He felt this event would increase tourism. Jay Keyes said he lives on the corner near the proposed site. He said he did not look forward to the predicted gridlock but was excited about the number of people who will come to the beach during a slow time of year. He also said he was excited about the anticipated media coverage and requested the City Commission vote for the proposal. Dr. Kenneth Rosenow said he spoke to the Treasure Island merchants regarding their previous sandcastle event and they indicated they were happy with it even though that city was not prepared for the event's scale. He felt Mr. Katz has answered all questions. Dr. Rosenow felt City staff will be able to handle all questions. He said the sandcastle will provide media coverage and free advertising. He expressed concerns the tower proposal includes fewer laser shows than originally proposed. He requested the City Commission not automatically oppose the event and suggested they look at what is good for the City and all its citizens. Commissioner Justice questioned what would happen to the cabanas by the south pavilion when the sand is removed. Mr. Katz said one of the conditions relates to discussions he is having with Mr. Hamilton regarding the cabanas. It has not been resolved. He said the sand will not be taken from directly in front of the pavilion. Commissioner Justice questioned if the proposed tower would be erected by this time. Mr. Baker indicated it would not. Commissioner Berfield questioned if the City Commission had staff's assurance that they have investigated the promoter's ability to perform. She noted the importance of Mr. Katz to post a bond and handle all expenses. The City Manager recommended a letter of understanding include "go/no go" points. Commissioner Thomas expressed concern the vending option available to local merchants be affordable. Mr. Katz said Clearwater beach merchants will not have to come up with up front money. Commissioner Berfield expressed concern regarding the sale of alcoholic beverages. Mr. Katz noted such sales on the beach are illegal. He said he would need a variance regarding the length of a temporary display. Commissioner Berfield said she has mixed emotions regarding this proposal. She said its positive points include its short length, its schedule during a slow time on the beach, and expected daily crowds of 16,000. In response to her question, it was indicated questions regarding the glue to be used have been answered. The Mayor said she opposed the proposal. She said many visitors come here because they want to view open sand. She felt it would not be a family event. She questioned how a huge sandcastle would highlight the City's natural beachfront. She expressed concern this will not result in a clean environment. Commissioner Thomas moved to approve the event subject to the following conditions: 1) the applicant must obtain a permit from the FDEP to hold this activity on Clearwater beach and a letter of approval from the Clearwater Marine Science Center; 2) the activity must be coordinated with the construction schedule of the FDOT relative to the Memorial Causeway bridge; 3) promoters must secure any and all occupational licenses necessary for themselves and other concessionaires; 4) concessions to be offered by the promoter should not conflict with private businesses on the beach; 5) an overall plan of the project site must be prepared and appropriate permits for signs, tents, construction, etc. must be secured; 6) the promoter must work closely with the Clearwater Police Department and pay all costs of security for the project; 7) the promoter must provide a certificate of liability insurance for approximately $5-million naming the City as additional insured; 8) approval must be secured from Clearwater beach businesses and residents since the event will impact them for more than 50 days; 9) arrangements should be made with the South Beach Pavilion since the gathering of sand and sandcastle location will impact the placement of umbrellas along the beach; 10) for safety reasons, areas where sand is removed by heavy equipment should be fenced and secured; 11) sand removing activity to occur after 4:00 or 5:00 p.m. after umbrellas are removed and the beach is not as heavily populated; 12) the promoter must arrange and pay for all traffic and crowd control through the Clearwater Police Department. Arrangements for police boats to be placed in the water to control water traffic attracted by the event must be made through the Pinellas County Sheriff's Office or Florida Marine Patrol; 13) the promoter should provide an adequate performance bond assuring that at the completion of the project, the beach will be returned to its original condition; 14) any food concessions must be approved by the Pinellas County Health Department or State Department of Business Regulation; 15) if scheduled during October, consideration and coordination efforts will need to be made with other events such as beach volleyball tournaments, Jazz Holiday at Coachman Park, etc.; 16) the promoter must pay any and all costs assumed by the City; 17) other considerations may relate to potential beach erosion as a result of sand removal and the loss of visibility of the water from motels near the sandcastle, daily trash and cleaning activities, relocation of volleyball courts, etc.; 18) because of the size and impact of this project, a separate agreement instead of a special event permit is to be obtained to include additional wording regarding liability concerns, subcontractors, etc. and go/no go points approved by the City Manager and City Attorney; 19) a variance of the code requirement regarding "temporary use" in Land Development Code section 41.171 be obtained and other conditions agreed to during tonight's discussion. The motion was duly seconded. Upon the vote being taken, Commissioners Berfield, Thomas and Justice voted "Aye"; Commissioner Johnson and Mayor Garvey voted "Nay." Motion carried. Commissioner Johnson moved to continue the meeting past midnight. The motion was duly seconded and carried unanimously. ITEM #50 - Approval of City Investment Policy (FN) The Florida Legislature recently passed legislation requiring all local governments to adopt a written investment policy on or before October 1, 1995, that addresses specific standards. Staff has prepared an investment policy that addresses the required standards and reflects the City's conservative investment philosophy. The Investment Policy sets three investment objectives: 1) Safety of Principle; 2) Liquidity; and 3) Yield. The Investment Policy list of authorized investments is similar to the current list. It establishes a maximum maturity of 15 years, with no more than 10% of the portfolio having maturities greater than 10 years. The average maturity in the City's portfolio is three years or less. The policy requires bidding investment purchases and sales to three dealers/brokers. Exceptions are provided for direct or private placement and "new issues," a security purchased directly from an agency at its posted rate. Another allowable exception involves a security of particular special interest where dealer competition could have an adverse impact on the price or availability. These situations are rare and have occurred only once in the last year. The Investment Policy establishes an Investment Committee that meets regularly to review investment transactions and approve brokers/dealers and other investment related activity. The committee, consisting of City Management and Finance staff, was established several months ago and meets weekly. Commissioner Berfield moved to approve the City Investment Policy. The motion was duly seconded and carried unanimously. ITEM #51 - Res. #95-74 - expressing City’s intention to be reimbursed from the proceeds of a tax-exempt financing for certain capital expenditures; accept GE Capital Public Finance, Inc.’s proposal to provide a $6,761,028 line of credit to cover all planned lease purchase equipment acquisitions for fiscal 1996; authorize all uncompleted equipment acquisitions previously approved for financing under current agreement with Barnett Bank of Pinellas County to be financed under new agreement (FN) Each year, the City solicits proposals for lease purchase (installment sale) financing for the upcoming fiscal year. Bidders bid a percentage of the weekly average index for the five-year Treasury Notes as published by the Federal Reserve Board. Last year's contract was awarded to Barnett Bank of Pinellas County with a bid of 85.05% of the five-year Treasury rate. Bids received include: 1) GE Capital Public Finance - 87.5000%; 2) Koch Financial Corporation - 90.7108%; 3) AT&T Capital Corporation - 92.9000%; 4) SunLeasing - 96.5000%; and 5) Barnett Bank of Pinellas County - 100.0000%. The City also received bids from Stephens Inc., Caryle Capital Markets, Inc., and First Union which contained terms and conditions not acceptable to the City. Commissioner Thomas moved to express the City's intention to be reimbursed from the proceeds of a tax-exempt financing for certain capital expenditures, accept the proposal of GE Capital Public Finance, Inc. To provide a $6,761,028 line of credit to cover all planned lease purchase equipment acquisitions for fiscal 1996, authorize all uncompleted equipment acquisitions previously approved for financing under the current agreement with Barnett Bank of Pinellas County to be financed under this new agreement, and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. The City Attorney presented Resolution #95-74 and read it by title only. Commissioner Thomas moved to pass and adopt Resolution #95-74 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Thomas, Johnson, Justice and Garvey "Nays": None. ITEM #52 - Beautification Committee - 1 appointment (CLK) Commissioner Thomas moved to appoint Marcia Blakemore. The motion was duly seconded. The Mayor suggested delaying the appointment in order to obtain additional names. Upon the vote being taken, Commissioners Berfield, Thomas, Johnson and Justice voted "Aye"; Mayor Garvey voted "Nay." Motion carried. ITEM #53 - Clearwater Housing Authority - 2 appointments (CLK) Mayor Garvey nominated William Ethington for a seat on the Clearwater Housing Authority and requested a continuance for the second appointment. Commissioner Thomas moved to appoint William Ethington. The motion was duly seconded and carried unanimously. Commissioner Thomas moved to continue the second appointment to September 21, 1995. The motion was duly seconded and carried unanimously. ITEM #54 - Environmental Advisory Board - 2 appointments (CLK) Commissioner Johnson moved to appoint Whitney Gray. The motion was duly seconded and carried unanimously. Commissioner Justice moved to appoint Alan Smith. The motion was duly seconded and carried unanimously. ITEM #55 - Neighborhood & Affordable Housing Advisory Board - 1 appointment (CLK) Commissioner Thomas moved to appoint Mary Myhill. The motion was duly seconded and carried unanimously. ITEM #56 - Planning & Zoning Board - 1 appointment (CLK) Commissioner Thomas moved to appoint Frank Kunnen. The motion was duly seconded. Mayor Garvey spoke in opposition, indicating the City has had "many run-ins" with Mr. Kunnen. Commissioner Johnson agreed and recommended Dale Anderson. Upon the vote being taken, Commissioners Berfield, Thomas and Justice voted "Aye"; Commissioner Johnson and Mayor Garvey voted "Nay." Motion carried. ITEM #57 - Other Pending Matters - None. CITY ATTORNEY REPORTS ITEM #58 - Resolutions a) Res. #95-68 - Assessing property located at 1010 Railroad Avenue, J.J. Eldridge Sub., Blk D, Lots 39 & 40, the amount of $108 for costs incurred by the City ordering the owner to abate a dangerous structure (Vincent M. & Mary W. Sykes) The City Attorney presented Resolution #95-68 and read it by title only. Commissioner Johnson moved to pass and adopt Resolution #95-68 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Thomas, Johnson, Justice and Garvey "Nays": None. b) Res. #95-71 - Assessing property located at 602 Fairmont Street, Merritt’s Replat, Lot 1, the amount of $318 for costs incurred by the City ordering the owner to abate a dangerous structure (Paul S. Charles) The City Attorney presented Resolution #95-71 and read it by title only. Commissioner Justice moved to pass and adopt Resolution #95-71 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Thomas, Johnson, Justice and Garvey "Nays": None. c) Res. #95-72 - Assessing property located at 1260 Byron Avenue, Ardmore Place Replat, Lot 60, the amount of $137 for costs incurred by the City ordering the owner to abate a dangerous structure (William Clarida) The City Attorney presented Resolution #95-72 and read it by title only. Commissioner Berfield moved to pass and adopt Resolution #95-72 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Thomas, Johnson, Justice and Garvey "Nays": None. d) Res. #95-73 - Assessing property owners the costs of having mowed or cleared owners’ lots The City Attorney presented Resolution #95-73 and read it by title only. Commissioner Justice moved to pass and adopt Resolution #95-73 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Thomas, Johnson, Justice and Garvey "Nays": None. ITEM #59 - Other City Attorney Items - None ITEM #60 - City Manager Verbal Reports - None ITEM #61 - Other Commission Action Commissioner Justice expressed concern regarding an event on the program for December 17 - 19, 1995 at Ruth Eckerd Hall. He noted the advertisements indicates the show has nudity, adult themes, etc. He questioned the legality of such a program. The City Attorney said she would review the matter and get back to the City Commission. Commissioner Berfield thank Bob Clark for bringing the issue regarding the proposed tower project to the City Commission's attention. Mayor Garvey referred to complaints included in a recent letter from Julie Nichols. The Mayor reported staff reviewed the complaints. Ms. Nichols has changed some of her operation and is satisfied. Mayor Garvey questioned if the City Commission supported the concept of Largo's proposed legislation regarding annexation of enclaves. A letter of support will be sent. Mayor Garvey referred to a letter from Herbert Leonhardt and said staff will reply to his concerns. ITEM #62 - Adjournment The meeting adjourned at 1:23 a.m., September 8, 1995.