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10/05/1995 CITY COMMISSION MEETING October 5, 1995 The City Commission of the City of Clearwater met in regular session at City Hall, Thursday, October 5, 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 Mary K. Diana Assistant City Clerk Patricia Sullivan Board Reporter The Mayor called the meeting to order. The invocation was offered by Reverend Dick Church of Calvary Baptist 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 Proclamations: Mental Illness Week -October 1-7, 1995 Displaced Homemakers (Women In Transition) Appreciation Month - October 1995 Domestic Violence Awareness Month - October 1995 Fire Prevention Week - October 8 -14, 1995 Florida City Government Week - October 15 -21, 1995 ITEM #5 - Presentations a) Historic Preservation Board - Annual Report Stephen Alosa, Historic Preservation Board Chair, presented the report and said it was difficult to evaluate the Board's accomplishments annually because of its advisory nature. He said the Board is guided by the goals and objectives included in the 1986 historic preservation element of the City's Comprehensive Plan. Primary objectives include: 1) a historical identification marker program, designed to identify and memorialize significant historical locations, coordinated with the Pinellas County Historical Society and 2) a letter writing campaign that recognizes citizens' sensitivity to historic preservation activities and encourages participation in preserving Clearwater's rich heritage. The Board has made recommendations to the City Commission regarding historical properties and has researched items for the City Commission. In 1995, the Historic Preservation Board prepared a letter to the City Commission opposing the rezoning of a lot on Gulf-to-Bay Boulevard; 2) saluted J. Arlos Ogg, one of Clearwater's first professional photographers, with an oral history event; and 3) initiated the commissioning of Howard Hansen to survey the Bayview neighborhood. The completed Master Site File forms were filed in the State Depository, Department of Community Affairs, Division of Historical Resources. Priority activities for 1996 include: 1) continuing a historical preservation identification marker program; 2) continuing a historical preservation letter writing campaign; 3) continuing participation and assistance in coordinating community historical preservation awareness; and 4) continuing research of historical items for the Planning & Zoning Board and City Commission. Mr. Alosa offered special thanks to Senior Planner Lou Hilton, board liaison, for his dedication, commitment and knowledge. He welcomed new liaison, Don McCarty and thanked the City Commission. The Mayor thanked Mr. Alosa and the Historic Preservation Board for their service and expressed appreciation for the time the board dedicates. b) Planning & Zoning Board - Annual Report Kemper Merriam, Planning & Zoning Board Chair, presented the annual report. He noted members travel approximately 25 miles visiting sites before each meeting. Members estimate they spend two hours of preparation for each hour of meeting time. In the last year, the Planning & Zoning Board granted 77 conditional use permits and denied 3. Of the four hearing officers or Commission appeals of Board actions, two were withdrawn, one upheld the Board's decision and one is pending. The Board made 44 annexation, rezoning and Land Use Plan recommendations and 27 Land Development Code Amendments recommendations. For 1996, Planning & Zoning Board priorities are: 1) site lighting and 2) "fine tuning" alcoholic beverage regulations. The Planning & Zoning Board thanked the Commission and staff for their support. They felt streamlining the Land Development Code improved the City's code implementation and review procedures. Mr. Merriam thanked Central Permitting Director Scott Shuford, Central Permitting Manager Sandra Glatthorn and Senior Planner Lou Hilton for their guidance, advice and consideration. The Mayor thanked Mr. Merriam and the Planning & Zoning Board for their service and time. ITEM #6 - Approval of Minutes Mayor Garvey referred to page 24, paragraph 8 and noted the cleanup campaign was called Sparkle Days. Commissioner Johnson moved to approve the minutes of the regular meeting of September 21, 1995, as amended. The motion was duly seconded and carried unanimously. ITEM #7 - Citizens to be heard re items not on the Agenda John Doran thanked the Mayor for suggesting the Sparkle Days Clearwater clean up and the City Manager for marshaling staff to assist. He said the beach looks better thanks to approximately 60 volunteers. Dennis Heneger distributed pictures of the water behind his house and submitted a sample. He said the silting is sludge and suggested a problem exists at the nearby water treatment plant. He expressed concern regarding his health, safety and welfare. The Mayor said staff will investigate. Mr. Heneger questioned the source of funding for projects the City is building and considering. Commissioner Thomas reviewed what had been spent. He said the City is applying for other sources to fund the Memorial Causeway bridge and downtown lake. Mr. Heneger requested the same consideration other downtown business owners receive regarding tree planting in front of his downtown business Debra Turner referred to the new pump station building at the Marshall Street Advanced Water Treatment plant and expressed concern the North Greenwood community would be affected by additional odor if another open tank is added. She said the community has been breathing waste for years and asked the City Commission to support clean up of the contamination and to limit the plant's expansion. City Engineer Rich Baier said the City has no plans for expansion. During his tenure with the City, no City plants have been fined for non-compliance with anti-pollution regulations. The Mayor indicated changes will be made only to capture reclaimed water and no additional open digestive tanks were planned. Mr. Baier said a storage facility and pumping station are all that are planned. PUBLIC HEARINGS ITEM #8. - Public Hearing & First Reading Ords. #5918-95 & #5919-95 - Land Use Plan Amendment to Commercial General & CN Zoning for property located at 1984 Sunset Point Rd., Sunset Oaks Sub., Lot 2 less road on S and part of Lot 1 (L. J. Parham / Cope, Trustee, LUP95-27, Z95-08) Rezoning is requested for lots at the intersection of Sunset Point Road and Hercules Avenue, approximately 130 feet south of Barrington Drive North. The applicants are requesting a zoning change to construct a freestanding McDonald's restaurant. The subject lots are zoned Limited Office (OL) with a Land Use Plan Classification of Residential/Office General. A freestanding restaurant is neither a permitted nor a conditional use in OL but is a permitted use in the Neighborhood Commercial (CN) zoning district. It is proposed to rezone the property CN. The Future Land Use Plan Classification of Residential/Office General would be changed to Commercial General to conform with the Countywide Land Use Plan on properties to the south and southeast of the subject property. These properties abut a nursing home to the west. The nursing home is separated from the proposed site by a retention pond and vegetative buffer. To buffer the nursing home facility, the applicants intend to build a three to four foot high berm with a hedge along the western property boundary. A fence is proposed to be constructed around the retention pond area to enhance the safety of nursing home residents. This agreement is not part of the proposed zoning request. The combined lots addressed by this request are less than two acres, the minimum lot size for the CN District. A Mobil Oil station occupies the 0.78 acre property south of the proposed site and may become part of the proposed development. The service station is in the County. Annexation and rezoning of that property would bring the entire area into conformity and meet the acreage requirement for the proposed zoning district. Properties on the south side of Sunset Point Road and east corner of Hercules Avenue and Sunset Point Road already contain commercial developments zoned CN. The CN zoned area, therefore, conforms with the two acre minimum. If the proposed Future Land Use Plan and Zoning Atlas Amendments are approved, the freestanding restaurant would be a permitted use. Staff feels the rezoning will promote infill development and be consistent with the area land use and zoning patterns, and the Comprehensive Plan that recommends nodal rather than strip commercial development at major intersections. The remaining office area to the north will be sufficient for office development to buffer the residential area farther north. No changes will be recommended to intensify this zoning. Sue Murphy, representative for the applicant, said McDonald's wants the land use plan and zoning amendment for a development that wraps around the corner. She distributed photographs of the area. Ms. Murphy said the applicant will landscape a berm and fence in the retention pond next door at the nursing home. She reported her conversation with the nursing home regarding compatibility issues and indicated the nursing home volunteered five feet of property for the berm. She said approximately two acres, zoned limited office, will buffer the neighborhood and restaurant. She said the intended use is surrounded by like uses and located at the intersection of an arterial and collector road. Ms. Murphy said infrastructure is in place and felt the request was reasonable. Commissioner Thomas moved to approve the Petition for Future Land Use Plan Amendment to Commercial General, and Zoning Atlas Amendment to Neighborhood Commercial for Lot 2 and Part of Lot 1, Sunset Oaks Subdivision. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #5918-95 for first reading and read it by title only. Commissioner Thomas moved to pass Ordinance #5918-95 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 #5919-95 for first reading and read it by title only. Commissioner Justice moved to pass Ordinance #5919-95 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 #9 - (Cont'd from 8/17 & 9/7/95) Variance(s) to Sign Regulations for property located at 2632 Enterprise Rd. (Europa of Countryside, A Condominium, SV95-33) The applicant is requesting the following variances: 1) an area variance of 32.9 square feet from the permitted 24 square feet to allow two entrance signs with an area of 56.9 square feet each, and 2) height variances of 2.3 feet and 2.8 feet from the permitted 6 feet to allow two entrance signs with heights of 8.3 feet and 8.8 feet, respectively. The subject property, zoned Multiple-Family Residential "Twelve," is east of US 19N on the north side of Enterprise Road. The variances are requested to permit the two existing entrance signs to remain. Two freestanding signs identify Europa condominiums, one on each side of the entrance drive. Each sign is more than double the 24 square feet permitted for signs in residential zones. The signs also are higher than the 6 feet permitted in residential zones. Staff feels special conditions warrant granting these variances. Numerous nearby nonresidential properties are permitted signs larger and higher than the Europa ones. To the west on Enterprise Road, properties are zoned Highway Commercial where signs can be 112 square feet large and 20 feet high and Commercial Center where 150 square feet sign can be 20 feet high. The property directly across Enterprise Road is zoned General Office where 20 foot high signs can be 50 square feet large. The Europa signs are not out of scale or character with other signs permitted in this mixed-use area. The Europa signs, constructed of concrete blocks and bordered with brick trim, do not facilitate alterations. The hardship imposed upon the applicant by strict enforcement of the code would outweigh any benefit derived by the public. Frederick Reimer, representative for the applicant, verified photographs of the property presented him by Mr. Shuford. He requested the City Commission consider the importance of the signs to emergency vehicles and requested authorization to replace the signs if they are destroyed. It was stated replacement signage must conform to code unless a variance is obtained. Commissioner Johnson moved to approve the following variances: 1) an area variance of 32.9 square feet from the permitted 24 square feet to allow two entrance signs with an area of 56.9 square feet each, and 2) height variances of 2.3 feet and 2.8 feet from the permitted 6 feet to allow two entrance signs with heights of 8.3 feet and 8.8 feet, respectively, on property identified as Europa of Countryside, A Condominium, for meeting Sec. 45.24 Standards for Approval, items (1) - (4). The motion was duly seconded and carried unanimously. ITEM #10 - Variance(s) to Sign Regulations for property located at 2170 Gulf to Bay Blvd., Sec. 13-29-15, M&B 14.05 (Albertsons / Albertsons #4301, SV95-40) The applicant is requesting the following variances: 1) an area variance of 192.3 square feet from the permitted 64 square feet to allow attached signs with a total area of 256.3 square feet and 2) a variance of one wall sign to allow four wall signs. The subject property, zoned General Commercial, is on the north side of Gulf-to-Bay Boulevard between S. Belcher Road and S. Main Avenue. The variance is requested to permit the existing attached signs oriented to Gulf-to-Bay Boulevard to remain. Albertsons fronts two major thoroughfares and is allowed a double sign allocation. The signs oriented to Belcher Road conform to code but those oriented to Gulf-to-Bay Boulevard do not. The area of attached signs oriented to Gulf-to-Bay Boulevard is 256.3 square feet, 192.3 square feet greater than the 64 square feet permitted by code. There is one more sign than the three permitted. The applicant contends the variances are warranted because Albertsons is 240 feet from Gulf-to-Bay Boulevard and the Amoco station and Allied Tire store obstruct westbound traffic's view of the store. Staff feels the location of the Amoco station and Allied Tire store is not a special circumstance upon which to base variance approval. Trees, buildings and other signs partially obstruct the view of many signs in the City. The Albertsons sign is located in the middle of the building sufficiently west of the Amoco station to provide a reasonably good viewing angle. Enlarging an obstructed sign does not address or resolve the condition. Only removal of the obstruction or relocation of the sign would correct the condition. Staff feels the 240 foot setback from the street right-of-way is a condition that creates a need for an increased sign area but not to the extent requested by the applicant. The code provides a 75% increase when a sign is 200 to 300 feet from a street right-of-way. Albertsons is not availed of this increase on the Gulf-to-Bay Boulevard frontage because the code specifies the increase is applied only to the area that remains following subtraction of the area of the secondary signs from the maximum area allowed in the zone. In Albertsons' case, the secondary signs are 110.8 square feet while the maximum area permitted in General Commercial is 64 square feet. The remainder is less than zero and no increase can be applied. Staff has prepared a draft code amendment to eliminate the subtraction of secondary signs. If adopted, Albertsons would be allowed a 75% increase to the allowable 64 square feet, for a total of 112 square feet. Staff recommends that Albertsons be availed of this increase, anticipating adoption of an amending ordinance. Jack Miller, representative for the applicant, verified photographs of the property presented him by Mr. Shuford. He distributed a report describing the difficulty traffic has viewing the store and its signage. He noted the high turnover of Florida properties creates the need for good signage to attract new residents as customers. He indicated Albertsons had agreed to bring its freestanding sign into compliance with code. Commissioner Thomas questioned the size of the current "Albertsons" sign and logo. Mr. Shuford indicated the sign is 145.5 square feet. Commissioner Thomas supported preserving the Albertsons sign and logo, as is, if the other signs are removed for an uncluttered look. Mr. Miller said Albertsons would accept that proposal. Commissioner Thomas moved to approve an area variance of 81.5 square feet from the permitted 64 square feet to allow an attached sign with a total area of 145.5 square feet, on property identified as Sec. 13-29-15, M&B 14.05, for meeting Sec. 45.24 Standards for Approval, items (1) - (4), subject to the following condition: 1) retention of existing Albertson's sign and logo with no additional signage. The motion was duly seconded. The Mayor questioned if the store could display three signs if they accept the recommended 112 square foot limit. Mr. Shuford said that option could be offered. Commissioner Thomas noted Mr. Miller's indication the proposed compromise was acceptable. For clarity, Mr. Shuford suggested adding to the motion, "on the south side of the building." Commissioner Thomas amended his motion to reflect this. The seconder agreed. The amended motion reads to approve an area variance of 81.5 square feet from the permitted 64 square feet to allow an attached sign with a total area of 145.5 square feet, on property identified as Sec. 13-29-15, M&B 14.05, for meeting Sec. 45.24 Standards for Approval, items (1) - (4), subject to the following condition: 1) retention of existing Albertson's sign and logo with no additional signage on the building's south side. Upon the vote being taken, the motion carried unanimously. ITEM #11 - Variance(s) to Sign Regulations for property located at 1721 Gulf to Bay Blvd., part of Tract A, replat of Blk D of Suburb Beautiful (Manny, Moe & Jack / Pep Boys Automotive Supercenter, SV95-41) Mr. Shuford reported an October 4, 1995, letter from the Pep Boys' representative requested withdrawal of this request and indicated the "pennants," which created the need for the variance, will be covered or removed. ITEM #12 - (Cont'd from 09/07 & 09/21/95) Public Hearing - Res. #95-61 - authorizing placement of liens on properties for unpaid utility bills (FN) The property owners listed on the lien proposal have delinquent accounts with the utility system for amounts greater than $100. As of July 24, 1995, these accounts are at least 90 days delinquent. The Utility Customer Service Division notified these property owners of their indebtedness and indicated the City may file liens on their property for the amount of the delinquent account. The City Clerk notified the property owners of the Public Hearing regarding their indebtedness pursuant to Chapter 32, Section 32.072 of the City Code of Ordinances. The Finance Director and Assistant Director of Finance/Utility Customer Service recommend filing liens against the listed property owners. Commissioner Berfield recused herself from discussion because a listed property owner is her husband's client. Commissioner Johnson moved to authorize the placement of liens on properties for unpaid utility bills and that the appropriate officials be authorized to execute same. The motion was duly seconded. Commissioners Thomas, Johnson and Justice and Mayor Garvey voted "Aye." Commissioner Berfield abstained. Motion carried. The City Attorney reported one property owner had paid the outstanding account and indicated a new list has been distributed. The City Attorney presented Resolution #95-61 and read it by title only. Commissioner Thomas moved to pass and adopt Resolution #95-61 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Thomas, Johnson, Justice and Garvey "Nays": None. Abstain: Berfield Motion carried. ITEM #13 - Public Hearing & First Reading Ord. #5916-95 - Vacating W 4’ of 10’ drainage & utility easement lying along E side of Lot 6, Blk. C, Northwood Estates Tract F less N 5’ (McLaughlin, V95-12) (EN) The applicant is requesting to vacate the west 4 feet of the 10 foot drainage and utility easement lying along the east side of Lot 6, Block C, Northwood Estates Tract "F," less the north 5 feet. The applicant wants to enclose an existing swimming pool and deck constructed in May 1981. Only the deck encroaches 3.3 feet into the easement. The City has no existing utilities within the easement. Local utilities have reviewed this request and have no objections. Engineering has no objection, provided the north 5 feet is retained as a drainage and utility easement. No other City department noted objections. The City Engineer recommends approval of this request. Commissioner Justice moved to approve the applicants' request to vacate the west four feet of the ten foot drainage and utility easement lying along the east side of Lot 6, Block C, Northwood Estates Tract "F," less the north five feet. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #5916-95 for first reading and read it by title only. Commissioner Justice moved to pass Ordinance #5916-95 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 #14 - Public Hearing & First Reading Ord. #5917-95 - Vacating 50’ E/W r-o-w of an unnamed street lying between Lots 3 & 4 of Blk 3 and Lots 1 & 2 of Blk 6, Revised Map, Town of Bay View subject to Pinellas County vacating W portion and it being retained full width as a drainage & utility easement (McMullen, V95-07) (EN) The applicant is requesting to vacate the full 50 foot east/west row of an unnamed /unpaved street lying between Lots 3 and 4 of Block 3 and Lots 1 and 2 of Block 6, Revised Map, Town of Bay View. The applicant would like to vacate the right-of-way to preserve the residential, "oasis" character of the subdivision and to protect a specimen oak tree. The City has no existing utilities within the right-of-way. The right-of-way is not being used for vehicular traffic or parking. The west portion extends outside the City's incorporated limits and must be vacated by Pinellas County. Pinellas County Utilities has provided a letter of no objection. Local utilities have reviewed this request and have no objections. Various City departments concerned with vacation requests have reviewed this petition. Engineering has no objection provided Pinellas County vacates the west portion and all the right-of-way is retained full width as a drainage and utility easement. Originally, Central Permitting recommended delaying this vacation until a consultant study was completed this Fall. Central Permitting reconsidered the issue and now supports a vacation as recommended. Other City departments have no objection. The City Engineer recommends approval of this request. Early Sorenson and Brian Mullen appeared as representatives of the applicant. Commissioner Berfield moved to approve the applicants' request to vacate the 50 foot east/west right-of-way of an unnamed street lying between Lots 3 and 4 of Block 3 and Lots 1 and 2 of Block 6, Revised Map, town of Bay View subject to Pinellas County vacating the west portion and it being retained full width as a drainage and utility easement. The motion was duly seconded and carried unanimously. Commissioner Thomas questioned if a letter had been sent to Pinellas County requesting their cooperation with this vacation. Mr. Baier reported the letter is ready to mail. The City Attorney presented Ordinance #5917-95 for first reading and read it by title only. Commissioner Thomas moved to pass Ordinance #5917-95 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 #15 - (Cont'd from 08/03/95) Public Hearing & First Reading Ords. #5875-95, #5876-95 & #5877-95 - Annexation, Land Use Plan Amendment to Residential Low & RS-8 Zoning for property located at 1531 Stevenson Dr., Stevenson's Heights Sub., Blk. B, Lot 7 (Booth, A95-15, LUP95-17) The applicant has City sewer service but wishes to annex to receive a City loan to renovate the property. The proposed zoning district is Single-Family Residential "Eight" and the proposed Future Land Use Classification is Residential Low. On July 18, 1995, the Planning & Zoning Board unanimously endorsed the proposed Annexation. Mr. Shuford said research has indicated the property owner has paid the City's sewer bill, including the 25% surcharge for non-city residents, for 18 years. He said no other nearby lots have sewer service and stated he did not know how the sewer service was started. Commissioner Thomas moved to approve the Petition for Annexation, Future Land Use Plan Amendment to Residential Low, Zoning Atlas Amendment to Single-Family Residential "Eight" for Lot 7, Block B, Stevenson's Height including the right-of-way of Stevenson's Drive abutting Lots 7 and 8, block B. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #5875-95 for first reading and read it by title only. Commissioner Berfield moved to pass Ordinance #5875-95 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 #5876-95 for first reading and read it by title only. Commissioner Johnson moved to pass Ordinance #5876-95 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 #5877-95 for first reading and read it by title only. Commissioner Justice moved to pass Ordinance #5877-95 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 #16 - Public Hearing - Declaring surplus property on which to place tower (CM) The City proposes to enter into a land lease agreement with the Sky Tower Corporation to provide a site for the corporation to erect a 335 foot tower on Clearwater beach. It is necessary for the City Commission to declare the proposed tower site as surplus to City needs before entering into the lease agreement. The Mayor requested a thirty day continuance on this item. In answer to a question, the City Attorney said according to the current language in the City Commission's Rule 12, a vote for continuance would have to be taken. James Grogan, President of Skytower, L.C., spoke against the continuance. He said he was filling a need of the City when he first visited in March, 1995. He felt concern his integrity has been maligned. He said he spent many hours working with staff regarding this project. He said he had met every demand placed upon him. He questioned why the continuance was requested. The Mayor stated three candidates for a seat on the Commission with opposing views face an election on October 24, 1995. As the tower affects Clearwater beach, she felt citizens should have a voice by their vote in the matter. She expressed concern Commissioner Justice's support for the tower is based on economics. Mr. Grogan felt the City had negotiated in bad faith and did not appreciate the City leading him "down the primrose path." Commissioner Justice felt the City Commission should accept responsibility to make a decision tonight regarding this proposal even though he originally had requested a continuance. Commissioner Johnson moved to continue the item for thirty days. In answer to a question, the City Attorney did not think the City had acted in bad faith. Commissioner Thomas expressed concern the delay was requested for political reasons. The City Attorney noted a future Commission is not bound to approve a rezoning of the subject property if the lease is approved. Commissioner Thomas noted language in the lease addresses that. John Doran reported he was interviewed recently by Florida Trend Magazine regarding the business climate in the City. He said he tried to accentuate the positive regarding the steady millage rate, etc., but expressed concern the local newspaper and community at large are not supportive of tourism, business expansion and economic growth. Mayor Garvey said the project should be appropriate for the beach and not be considered solely for its money making potential. Commissioner Berfield said she had spoken with the opposition and had changed some minds. She referred to the increased popularity of ecotourism and said the tower could provide a wonderful destination for family oriented entertainment. She suggested a tape could play during the ride describing the area's environmental issues and pointing out local landmarks. She noted parking is not an issue and said if Mr. Grogan does not perform, the project will not continue. Commissioner Berfield referred to those who had expressed concerns the tower will affect their property values and noted the tower will make money for the City which will benefit all property owners. She felt the tower's value was being underestimated and said this Commission should make a decision. Commissioner Berfield pointed out the Civic Center blocks the view of the tower from the beach. She felt it would provide good, clean fun for tourists and would be positive for the beach. Commissioner Thomas referred to page 3 of the Sky Tower lease and questioned if the lease is approved tonight, would a future Commission be bound by this action if the language regarding the City not being obligated to approve any applications for variances, rezonings, etc., is deleted. The City Attorney reported the Commission cannot bind a future Commission to act in a specific quasi-judicial way. The Commission can only work on facts and law when an issue is brought before them. The City Attorney said she included the language for clarification but felt deleting it would not change the City's legal position. Charles Pollick, representative of the Clearwater Beaches and Tourism Council, spoke against delaying this issue. He noted few residents turned out for the recent candidate forum and expressed concern regarding community apathy. He noted the City Commission never addressed the Marina parking issue when the Admiral, Sea Screamer and Captain Nemo boats began operation. He requested the issue be put to a vote tonight. Alan Adler requested the Commission not obstruct the sunsets with an eyesore or deface Clearwater's skies with laser shows. He said the tower will not be a cash cow for the City nor will it enhance the beach. He opposed the City permitting "graffiti in the sky." John Casmer said the proposal was a monstrosity and suggested locating it in Coachman Park where passengers could still view Clearwater beach. He warned a roller coaster and Ferris wheel could follow. He questioned if the City is guaranteed the tower project will make money. He noted the tower will have to be razed one day. Mr. Casmer recommended against crowding people off Clearwater beach. Al Lijewski felt Mr. Grogan has been jerked around in many directions and noted the City had made major changes to his original proposal. He said the tower's structural integrity should be determined by experts and not speculation. He indicated the contract includes guaranteed revenues. He expressed concern in establishing a precedent by holding a referendum on this issue. He noted the winners of the bid for the concession stand will have a business ready for them. Mr. Lijewski felt the City would profit from Mr. Grogan's investment in his tower that has been appraised at $1.5-million. He said first year revenues to the City could reach $150,000. He felt the tower would provide a creative source of revenue for the City. Mr. Grogan said the media and City Commission have discussed this issue a great deal. He introduced structural engineer, Mr. Campbell, whom he retained to investigate the tower. Mr. Campbell said his firm designs high rise buildings as an everyday activity. He reported the plans have been translated from their original German. He noted the tower was designed for a wind pressure 3.5 times less than what is required in Florida. Mr. Campbell said he would make sure the tower will meet code to withstand local wind forces, Commissioner Thomas questioned why Commissioner Johnson had withdrawn his support. Commissioner Johnson said his support was based on the City not providing any special treatment for the project. In answer to a question, he said he also would have a problem with locating the tower on private land. Bob Clark recommended the Commission reach a decision tonight. He felt Commissioner Berfield's argument in favor of the tower was compelling but questioned if the City wants the beach commercially driven. He noted strong concerns had been expressed regarding a Bayview request regarding the use of Commercial Planned Development (CPD) for small parcels. He noted the Marine Advisory Board's recommendation to halt the project. He said citizens do not understand the City's hurry to decide something that will alter the beach. He suggested only the highest quality attractions be brought to Clearwater beach. Mr. Clark said a Wisconsin transplant had indicated residents from that state are glad to see the tower leave. The Commission recessed from 8:01 to 8:11 p.m. Bill Kirbas noted all attractions differ. He said Clearwater beach is not the only destination with nice beaches and weather. He felt a resort area needs more than one single attraction and recommended that the beach be attraction oriented. David Little said the project requires vision and imagination and recommended against "looking a gift horse in the mouth." He noted tourists are attracted to towers and tall buildings in Chicago, Orlando, Seattle, etc. Tourists could see the beauty of the area from a different perspective and understand Clearwater beach is an island. He suggested nearby islands also could be seen. Mr. Little noted the ugly water tower and unattractive antennae on condominium roofs already stand on the beach. He requested the City Commission not take more "fun" out of Clearwater beach. Jay Keyes noted his home will be in the shadow of the tower's proposed location but did not feel its construction would be detrimental to his property values. He suggested the City Commission start listening to beach business people and noted many are near foreclosure. He said the tower will not cure the beach's problems but it would help. Mr. Grogan said he was tired of hearing his tower is a pile of junk. He reported it was built by the leading, quality German and Swiss engineering firm and manufacturer. He said the firm has towers in many locations and none has failed economically or structurally. He said the tower will not be tacky. Commissioner Thomas indicated this Commission may approve the lease but the new Commission may deny the needed zoning request and nullify the lease. He questioned if Mr. Grogan wanted to continue or wait until a new Commissioner is elected. Mr. Grogan said he was willing to "roll the dice" and requested a decision tonight. He said the tower would be good for Clearwater beach and referred to complaints regarding business losses there. He questioned where the tourists are if they love the beach. Albert Sakey felt the Commission should address the Mayor's request before continuing further discussion. The Mayor requested the Commission honor her request for a continuance. The motion was duly seconded. Commissioner Johnson and Mayor Garvey voted "Aye"; Commissioners Berfield, Thomas and Justice voted "Nay." Motion failed. Commissioner Thomas moved to declare as surplus for the purpose of entering into a lease agreement with Sky Tower Corporation, a Florida Limited Liability Company, a parcel lying within the boundaries of the Memorial Civic Center parking lot being a portion of Lot 7, CITY PARK SUBDIVISION, as more particularly described in Exhibit "A," and that the appropriate officials be authorized to execute same. The motion was duly seconded. Commissioners Berfield, Thomas and Justice voted "Aye"; Commissioner Johnson and Mayor Garvey voted "Nay." Motion carried. Public Hearing - Second Reading Ordinances ITEM #17 - Ord. #5895-95 - Annexation for property located at 1304 Parkwood St., Pine Ridge Sub., Blk. A, Lot 11 (Koger, A95-20) The City Attorney presented Ordinance #5895-95 for second reading and read it by title only. Commissioner Berfield moved to pass and adopt Ordinance #5895-95 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 #18 - Ord. #5896-95 - Land Use Plan Amendment to Residential Low for property located at 1304 Parkwood St., Pine Ridge Sub., Blk. A, Lot 11 (Koger, LUP95-23) The City Attorney presented Ordinance #5896-95 for second reading and read it by title only. Commissioner Johnson moved to pass and adopt Ordinance #5896-95 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 #19 - Ord. #5897-95 - RS-8 Zoning for property located at 1304 Parkwood St., Pine Ridge Sub., Blk. A, Lot 11 (Koger, A95-20) The City Attorney presented Ordinance #5897-95 for second reading and read it by title only. Commissioner Justice moved to pass and adopt Ordinance #5897-95 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 #20 - Ord. #5898-95 - Annexation for property located at 1939 Sunset Point Rd., Sec. 1-29-15, Pinellas Groves Sub., SW 1/4, part of Lot 3 (Pappas & Silvie, A95-21) The City Attorney presented Ordinance #5898-95 for second reading and read it by title only. Commissioner Justice moved to pass and adopt Ordinance #5898-95 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 #21 - Ord. #5899-95 - Land Use Plan Amendment to Residential Medium for property located at 1939 Sunset Point Rd., Sec. 1-29-15, Pinellas Groves Sub., SW 1/4, part of Lot 3 (Pappas & Silvie, LUP95-24) The City Attorney presented Ordinance #5899-95 for second reading and read it by title only. Commissioner Berfield moved to pass and adopt Ordinance #5899-95 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 #22 - Ord. #5900-95 - RM-16 Zoning for property located at 1939 Sunset Point Rd., Sec. 1-29-15, Pinellas Groves Sub., SW 1/4, part of Lot 3 (Pappas & Silvie, A95-21) The City Attorney presented Ordinance #5900-95 for second reading and read it by title only. Commissioner Johnson moved to pass and adopt Ordinance #5900-95 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. #5903-95 - Annexation for property located at 1850 McMullen Booth Rd., Sec. 4-29-16, M&B 32.05 (Countryside Christian Center, A95-22) The City Attorney presented Ordinance #5903-95 for second reading and read it by title only. Commissioner Justice moved to pass and adopt Ordinance #5903-95 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. #5904-95 - Land Use Plan Amendment to Institutional for property located at 1850 McMullen Booth Rd., Sec. 4-29-16, M&B 32.05 (Countryside Christian Center, LUP95-26) The City Attorney presented Ordinance #5904-95 for second reading and read it by title only. Commissioner Berfield moved to pass and adopt Ordinance #5904-95 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 #25 - Ord. #5905-95 - P/SP Zoning for property located at 1850 McMullen Booth Rd., Sec. 4-29-16, M&B 32.05 (Countryside Christian Center, A95-22) The City Attorney presented Ordinance #5905-95 for second reading and read it by title only. Commissioner Johnson moved to pass and adopt Ordinance #5905-95 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 #26 - Citizens to be heard re items not on the Agenda - None. CITY MANAGER REPORTS CONSENT AGENDA (Items #27-33) - Approved as submitted ITEM #27 - Declare personal property surplus to city needs; authorize disposal through Tampa Machinery Auction, Tampa, FL (FN) ITEM #28 - Contract for fleet (unleaded gasoline) fueling to Wright Express, Tampa, FL, for the period 11/1/95-10/31/96, with a 1-year option to renew, at an estimated $428,650 (GS) ITEM #29 - Contract extension for health insurance with Prudential Health Care System of Tampa Bay, Tampa, FL, under a fully insured funding arrangement for period 01/01/96-12/31/96, at an estimated $3,219,627 (HR) ITEM #30 - Contract extension for mental health/substance abuse coverage with Professional Psychological Services (PPS), for the period 01/01/96 -12/31/96, at an estimated $162,326 (HR) ITEM #31 - Contract for Crest Lake Park Restroom Renovations to Oakhurst Construction Company, Inc., for $36,956.40 (PR) ITEM #32 - Agreement for professional services with Kimley-Horn and Associates to conduct a beach parking feasibility study, for $65,276 (EN) ITEM #33 - Approve removal of 4-Way stop installation at intersection of Landmark Drive and Eagle Estates Circle North / Meadow Hill Drive North (EN) 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 #34 - Reclaimed Water Rate structure for Single Family, Multi Family & Open Space Customer Classes; implement reclaimed water system for Island Estates with funding provided by rate structure; authorize preparation of work order for production of detailed design/construction plans thereof (EN) For non-potable/irrigation use of reclaimed water, the community "at large" of Island Estates expressed a strong interest (356 residents out of 567). The City's barrier islands were selected for initial implementation due to high potable water usage per Equivalent Residential Unit, a lack of available shallow wells and the ability to pay for the infrastructure. Being that: 1) potable water is a valuable resource that needs to be conserved, particularly in coastal communities; 2) treated wastewater, also a valuable water resource, can be used safely for irrigation purposes and helps conserve potable water; and 3) the City has determined to establish and construct a reclaimed water system making treated wastewater available in certain areas of the city for irrigation purposes; and 4) according to its Comprehensive Growth Plan, the City planned to have a reclaimed system constructed and in operation by 1995; 5) the City must renew its surface water discharge and water utilization permits which are expected to be scrutinized considering the amount of unused wastewater produced by the City; and 6) the City Commission wishes to establish terms and conditions regarding use of the reclaimed water system. The City currently produces daily approximately 14.5-million gallons of treated water and discharges 12.5-million gallons into Clearwater Harbor and Tampa Bay. The City is prepared to apply for a grant of approximately $1.8-million to subsidize the transmission facility construction to the maximum extent possible. The City Engineer is requesting SWFWMD to subsidize the distribution facilities, a change in SWFWMD's funding philosophy. SWFWMD is tentative but considering the request, The City will apply for such grant funds subsequent to Commission action. An engineering consultant prepared the subsequent rate structure which reflects a saving to the typical consumer from current potable water supply rates. To illustrate the cash benefits, the proposed reclaimed water rate structures have been compared to existing metered water rates although the initial reclaimed water supply will not be metered. This concept is consistent with other municipalities as they have implemented this utility and metered only as demand exceeded supply. Staff recommends implementation of the proposed rate structure and notes the City's impending potable water supply shortage. Unfortunately, Clearwater beach did not exceed the 50% petition signatures required to demonstrate adequate interest to justify the expenditure of funds to service that community. The City will install lines with sufficient reserve capacity to provide reclaimed water service to these potential consumers on Clearwater beach Mr. Baier reviewed the proposed connection charges for reclaimed water. He reported Island Estates had passed the 50% petition threshold and qualified for reclaimed water. He said part of the system's cost will be subsidized by the Anclote Basin board. He estimated 500 homes will be affected. Customer classes include open space at: 1) $70.25 monthly; 2) single family homes at $18 monthly, and 3) multi-family homes at $4.72 monthly. He compared average monthly bills with the proposed rates and showed the substantial savings each user will receive. Outside water use on Island Estates averages 1,600 ccf monthly. Properties who choose not to receive reclaimed water will be charged an availability fee of: 1) open space at $39.89 monthly; 2) single family homes at $14.65 monthly, and 3) multi-family homes at $3.89 monthly. Mr. Baier said to address concerns multi-family rates could be out of line, a maximum cap has been initiated at the one acre open space rate. He said staff will come back with revisions and ordinances in approximately three weeks. Fred Backum, representing the Island Estates Civic Association, said the City's number one priority is distributing reclaimed water to reduce usage of potable water. He noted the demand for potable water is increasing. He noted Pinellas County has indicated they want Clearwater's reclaimed water. He felt it was a waste of natural resources to pump 15-million gallons of water into Tampa Bay and Clearwater Harbor daily. He said the environment is crying for reclaimed water and the City is decades behind in its efforts. He said the City must stop wasting water. Fran Blissman, representative of the Board Civic Association, said the most important issue Florida soon will face is water. He reported he had chaired a petition drive and read it to the City Commission. Mr. Blissman requested the Commission support the construction of an infrastructure to distribute reclaimed water. He noted strong support among Island Estates' property owners. He noted the community was committed to use reclaimed water and hoped the system would be implemented. John Doran, President of the Clearwater Beach Association, encouraged the City Commission to bring reclaimed water to Clearwater beach. He said the petition drive on the beach included a mailing to 600 metered residences, advertisements in the Beach Views and petitions at town meetings. He said the 325 property owners who indicated a desire for the program did not equal 50% of Clearwater beach residents. He requested piping reclaimed water to Clearwater beach anyway. Nick Callavokis favored the project and encouraged the Commission's support. Joe Gada said he supported projects for reclaimed water City-wide. The Mayor questioned why Island Estates was selected first. Mr. Baier explained the City was divided into regions by a master plan. Island Estates was chosen based on consumption, probable acceptance and the prohibition of shallow wells there due to the possibility of salt water intrusion into the water table. He said plans are for other communities to hook on in the future. Debra Turner said the North Greenwood area continues to smell sewage from the Marshall Street water treatment plant but has been overlooked when it comes to receiving the benefit of reclaimed water. She said the City needs to consider another source for reclaimed water. She complained her neighborhood has hosted everybody's sewage for 30 years and noted trash was once burned there. She said water near the plant is contaminated and expressed concern millions of dollars are being spent elsewhere while the North Greenwood neighborhood bears the burden. She requested the City not use the Marshall Street plant as a future site for reclaimed water. Commissioner Thomas noted the Marshall Street plant already produces the water that will be piped to Island Estates and will not produce community contamination. He said staff had already indicated they would review her complaint regarding odor emanating from the plant. He felt reclaimed water is not an issue as it currently is being pumped into Clearwater Harbor. Ms. Turner expressed concern the project would result in pumps, motors and expansion of the Marshall Street plant. She worried another digestive tank would be added within the next five years and requested the Commission consider another location for the reclaimed water site. The Mayor noted the City would not produce sewage for reclaimed water. Mr. Baier said additions to the Marshall Street plant include additional filtering, a storage tank and small pump house. He reported the City recently removed an ugly incinerator and is ready to landscape the site. He said the park next door has already been seeded and mulched. Ms. Turner challenged the City to visit the area around 9:00 p.m. to note the odor. Mr. Baier said the contamination in Stevenson's Creek is not from the Marshall Street plant. He said staff is working on plans to address runoff. He said the City is required to report fecal chloroform counts if they exceed a certain limit and noted the City has not been fined on the issue recently. Commissioner Thomas moved to direct staff to amend the City's code of Ordinances to implement a reclaimed water system for Island Estates with funding provided by the accompanying rate structure and authorize staff to prepare a work order for the production of detailed design/construction plans thereof, and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. ITEM #35 - Sky Tower Lease Agreement The City Attorney presented a Lease agreement between the City and Skytower, LC for Commission review. She reported amendments were made based on discussion at the October 2, 1995 Work Session. She referred to page 3 and noted the letter of credit or surety bond will be for $175,000. On pages 5 and 6, the City Attorney indicated a rent provision states in the event the tower is in operation for less than 335 days a year, the City will be paid a prorated share. Additional down days for weather are permitted. She reported she met with Mr. Grogan to address Commission concerns and noted the base rent will escalate to $85,000 per year by the 10th year of the lease. Commissioner Berfield questioned if the surety bond would cover removal of the tower should Mr. Grogan not meet all City conditions. The City Attorney said the proforma could be used as a basis to evaluate the lease. She noted Mr. Grogan objected to that provision as it would make the lease cancelable. She stated Mr. Grogan needs a minimum 20-year lease to qualify for financing. She reported no agreement was reached regarding establishment of a minimum attendance requirement. Commissioner Justice questioned under what circumstances would the tower have to be removed. The City Attorney said the tower would be removed if it fails to meet safety standards, the conditions of the lease, etc. Commissioner Berfield questioned if the posted bond will stay in effect the entire time the tower stands and if the bond will be used to remove it. The City Attorney stated Mr. Grogan can remove the tower at the expiration of the lease in the way he chooses. If he does not remove it, the bond will be used for that. Commissioner Thomas moved to approve the lease agreement between the City and Skytower, LC to lease approximately 5,085 square feet of the Memorial Civic Center Parking lot for a term of 20 years with the option of renewal for the construction and operation of a tower. The motion was duly seconded. Commissioners Berfield, Thomas and Justice voted "Aye"; Commissioner Johnson and Mayor Garvey voted "Nay." Motion carried. Commissioner Berfield questioned if a laser show would be presented nightly. Commissioner Thomas believed laser shows would be presented a total of 40 days throughout the year. The City Attorney noted a change on page 1 identifies the City Manager as the agent who will approve the original site plan. ITEM #36 - Approve selection of Pier 60 Concession Stand Operator The Mayor recommended the Commission "short list" the respondents to include: 1) the Hamilton Family; 2) Pier 60 Concessions (Steven Chandler); and 3) Engineering staff. She requested a ranking so staff can begin negotiations. She clarified the management team and City Commission did not use tax dollars to give the Engineering staff an edge in the competition. She said Engineering's efforts would be run as a self-supporting enterprise fund. Commissioner Thomas recommended choosing a finalist from both the private and public sectors. He was impressed with Pier 60 Concessions and their commitment to the child safety issue, Jolley Trolley, uniforms and a friendly atmosphere. He said they had done an outstanding job at the Beach Diner and had offered the highest economic package. He recommended Engineering as the top respondent on the public side. Commissioner Justice leaned toward the Hamilton Family, first, as they have been here a long time and have done a good job, and Pier 60 Concessions, second. Commissioner Johnson also liked both of those proposals as well as Engineering. He noted the Hamilton family has handled well their 34 year old business relationship with the City. Commissioner Berfield felt Pier 60 Concessions had the competitive edge and noted their proposal regarding child safety was impressive. She also liked the suggested ties to the Jolley Trolley and Pier 60 and the proposed giveaway of tokens with purchases. The Mayor agreed saying she too was impressed by the auxiliary things offered by Pier 60 Concessions. Commissioner Johnson said he liked Engineering's proposal. On the private side, he was quite impressed with Pier 60 Concessions' presentation but noted a concern the figures may be exaggerated. He felt the concession stand should be run by a private firm. The Mayor agreed. Commissioner Berfield said she also liked Engineering's proposal but supported Pier 60 Concessions as the top choice. She said her decision had nothing to do with the quality of Engineering's presentation. Commissioner Thomas noted taxpayers would benefit if the City ran the concession stand but felt the Engineering Department already is overworked . He said Mr. Baier would have headed a successful operation. He felt Mr. Baier was hired as the City Engineer and has that job to fill. He recommended a private firm run the stand. Commissioner Thomas moved to assign the lease of the Pier 60 Concession Stand to a private firm and to rank the proposals for negotiation purposes as: 1) Pier 60 Concessions; 2) the Hamilton Family; and 3) Engineering. The motion was duly seconded. Al Lijewski agreed with the Commission's approach and felt Pier 60 Concessions made the best presentation. He suggested the City consider the Engineering Department's bid because the Concession Stand will cost the taxpayers $360,000 to build on a public beach. He felt City staff would do a good job and the enterprise would provide a new source of revenue that could be used to fund the tourism bureau, etc. Mr. Baier said his staff will work with the chosen respondent regarding environmental issues. Upon the vote being taken, the motion carried unanimously. Commissioner Johnson thanked Mr. Hamilton for his kind letter. ITEM #37 - Library Board - 1 appointment (CLK) Commissioner Thomas moved to appoint Marshall Bennett. The motion was duly seconded and carried unanimously. ITEM #38 - Municipal Code Enforcement Board - 2 appointments (CLK) Commissioner Thomas moved to reappoint Helen Kerwin. The motion was duly seconded and carried unanimously. Commissioner Thomas requested a staff recommendation for the engineer position. Commissioner Johnson moved to continue the second appointment to a date uncertain. The motion was duly seconded and carried unanimously. ITEM #39 - Design Review Board - 1 appointment (CLK) Commissioner Johnson moved to appoint Mac Boykins. The motion was duly seconded and carried unanimously. ITEM #40 - Other Pending Matters - None. CITY ATTORNEY REPORTS ITEM #41 - Resolutions a) Res #95-78 - Concerning the performance of Angels in America at Ruth Eckerd Hall The City Attorney presented Resolution #95-78 and read it by title only. Commissioner Thomas moved to pass and adopt Resolution #95-78 and authorize the appropriate officials to execute same. The motion was duly seconded. Discussion ensued in regard to whether the language in the resolution would be perceived as a threat to withhold funds. Commissioner Johnson said this item has received a great deal of publicity and felt the Performing Arts Community Theater (PACT) was aware of the Commission's feelings. He said the resolution was unnecessary. He said sending a letter requesting PACT to be more discreet would achieve the same effect. He felt the Commission is making a mistake and should not act as censors. Mayor Garvey agreed all the Commissioners honored family values. She noted videos available in local retail stores are worse. Commissioner Justice noted the City does not subsidize video stores. In answer to a question, the City Attorney said the resolution is not a threat. She said she was careful with the language requesting PACT to be sensitive when booking performances. Commissioner Thomas said it was important the Commission continued to stand strongly on issues such as nudity and pornography to protect the community from their secondary effects. He hoped the Commission would support the resolution unanimously. He said the resolution indicates the Commission expects certain standards be met. Bill Wolfe, member of the Countryside Christian Church pastoral, thanked the City Commission for standing up for morality. He expressed concern the City is spending tax money to promote nudity and sexual situations while it rids the community of t-back swimsuits, nudity, etc. He requested the City stop financially supporting this kind of activity. Marge Sweeney expressed concern regarding the decay of society and moral decline. She requested the City not use tax dollars to subsidize further decay of the community. She requested the Commission do the moral thing for a good, strong and safe society. Rita Peck, representing the Christian Coalition, referred to the petition she presented at the September 21, 1995 meeting against PACT's decision to present "Angels in America." She said they were concerned with family values and submitted additional petition signatures. She said the City has sent more than $6-million to PACT in subsidies. She expressed concern they would book this play. Tom Sehlhorst recommended also sending letters of complaint to community drug dealers and prostitutes. Joseph Smith thanked the Commission for their courage and noted the City's desire to provide family entertainment. He expressed concern regarding the play's themes and nudity which are not family entertainment. He requested the Commission protect children, the City's natural resource. Janetta Smith expressed concern regarding those who would be drawn to the area to view the play. She recommended spending tax dollars appropriately. She felt indecency undermines the nation's principles. She agreed pornographic videos and crack houses are also wrong. Alice Siebolt said the Commission's action was not censorship but concern for the community's families and children. She said when money was originally appropriated to Ruth Eckerd Hall, the City was not aware they would book this type of programming. She said those against the resolution need to consider those they represent. Ms. Siebolt requested the Commission consider the City's future. Upon roll call, the vote was: "Ayes": Berfield, Thomas, and Justice "Nays": Johnson and Garvey Motion carried. b) Res. #95-77 - amending Rule #12 of City Commission Rules relating to continuances of matters at the request of Commissioners Commissioner Justice spoke against the rule because he did not feel one Commissioner should have the power to delay an item. He suggested three members should agree to a delay. Commissioner Thomas concurred. He said the rule has caused a great deal of divisiveness on the board. Mayor Garvey agreed and noted its inconsistent implementation has been a farce. Commissioner Justice questioned when the rule was first put into play. Commissioner Thomas said prior Commissions used it as an unwritten rule until Commissioner Berfield tried to delay action on the purchase of the Sun Bank building. He said to solve the problem, it became a rule when he joined the Commission. He felt the rule has created controversy especially when the City Attorney indicated the Commission must vote on requests for delay. Commissioner Justice said he does not recall such an unwritten rule when he served as a Commissioner previously. The Mayor agreed she did not recall the unwritten rule. The City Attorney recommended striking the first and last sentences of the proposed changes made to Rule 12 and modifying the second sentence to read, "A continuance may be granted by a majority vote of the Commission upon the motion of any Commissioner." The City Attorney presented Ordinance #95-77 for first reading and read it by title only. Commissioner Thomas moved to pass Ordinance #95-77 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 #42 - Other City Attorney Items a) Risk Management’s recommendation of litigation to recover expenditures related to acid spill occurring 12/26/94 at the NE Wastewater Treatment Plant Risk Management personnel have pursued, without success, reimbursement of $98,648.91 for the acid spill cleanup. The acid spill occurred when a faulty sight gauge broke and released approximately 2,500 gallons of 98% sulfuric acid onto the ground. The sight gauge, part of new construction work, was under warranty when the spill occurred. Staff feels the City can recover the sum but will need to initiate litigation to effect collection. The following parties were put on notice of the City's claim by a letter dated May 9, 1995: 1) McKim & Creed Engineers, PA, 2) Briley, Wild and Associations, Inc.; 3) Walbridge Contracting, Inc.; and 4) Mohawk Contractors, Inc. Commissioner Thomas moved to approve the filing of a lawsuit against the four companies to recover the costs of the acid spill. The motion was duly seconded and carried unanimously. b) First Reading Ord. #5925-95 - Submitting to the City Electors a proposed amendment to the City Charter, amending Sec. 2.01(d)(4)(v) to delete the referendum requirement for lease of city property with the Land Use Designation of Recreation / Open Space, providing for a referendum election The City Attorney presented Ordinance #5925-95 for first reading and read it by title only. Commissioner Thomas moved to pass Ordinance #5925-95 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 requested an attorney/client session regarding Miles Lance versus the City be scheduled for October 19, 1995 at 5:00 p.m. Consensus was to so schedule. The Commission recessed from 10:07 to 10:21 p.m. ITEM #43 - City Manager Verbal Reports The City Manager reported a presentation scheduled for October 11, 1995, to request funding for Harborview expansion from the Convention and Visitor's Bureau has been pulled and reagendaed for December. She said some issues require clarification and review. Commissioner Berfield suggested people in the community could help with the Harborview presentation. The City Manager reported the tire contract was pulled due to a bid protest. She noted the previous contract expired on September 30, 1995 and authorized a month to month contract with the previous vendor. The Commission concurred. She reported a three-month extension is agendaed for the next meeting. ITEM #44 - Other Commission Action a) City Manager Evaluation Commissioner Justice said he was impressed with the City Manager's performance during his limited tenure. He noted she met over 95% of her goals and rated her performance "Outstanding." He said she was not too forceful of a leader; however, her style appeared successful. He said the City Manager gets things done in a quiet way and commended her. He said Ms. Deptula has provided him with all the help he has needed and encourages her staff with positive remarks. Commissioner Johnson said in his short time on the Commission, he found the City Manager to be very helpful and knowledgeable. He said Ms. Deptula clearly explains procedures and has answered all his questions. Information he requests is sent promptly and is always correct. Commissioner Johnson agreed with her self evaluation and was impressed with Ms. Deptula crafting a City budget that did not include an increase to the millage rate. He felt her personal development plan was in the best interest of the City and involved an ongoing process. He said it was clear the City Manager carries out her duties in accordance with the City Charter. He rated her performance "Outstanding." He admired her for presenting the facts as they are. Commissioner Berfield indicated she had encouraged privately the City Manager to work on some things. She said the agenda items need to be moved more quickly and felt the Commission needs to provide her with better direction. She said problems she had brought to the City Manager's attention were handled promptly. She said the City Manager does a thorough job meeting with each Commission. She said Ms. Deptula works well with staff and has exhibited a marked improvement in the last year. Commissioner Berfield said the City Manager had exhibited a great deal of initiative by establishing a growth program for herself. Commissioner Thomas said he had discussed privately many items with the City Manager. He said his overall public evaluation indicates the City has one of the finest city managers although he did not think she had achieved her level of excellence. He felt her talent was untapped and vast. Commissioner Thomas felt she will improve in the future as she continues to grow. He noted Ms. Deptula is a new city manager and it takes awhile to understand all the limits of being a chief executive. He felt Ms. Deptula would grow into the job. He felt Clearwater's citizens are blessed to have a City Manager with integrity and love for her city. He said Ms. Deptula has the talent and ability to be the greatest Clearwater City Manager ever. Mayor Garvey said the City Manager is doing a good job. The Mayor noted the City Manager is knowledgeable and communicates well. She complimented Ms. Deptula's team approach that uses the strengths of team members. The Mayor noted Ms. Deptula works well with staff and encourages them. She said the City Manager is responsive, open and personable and cares about the City. The Mayor felt the City Manager is doing an excellent job. The City Manager thanked the Commission members for their candor and said she learns from each of them. She thanked Deputy City Manager Kathy Rice and Assistant City Manager Bill Baker and all Department Directors for their support. She said the praise she has received is due to the work they have done. She said her team is a fine and interesting group of people. The Mayor noted the City Manager's current salary is $84,800 and questioned what level of increase should be considered. She noted Ms. Deputy's request for the City to buy back one week's vacation. Ms. Deptula said after donating three vacation days to the SAMP pool and scheduling vacation, she still has seven remaining days and requested the City buy back five. She reported when her compensation package was discussed last year, she would qualify for a 10% increase if all Commissioners rated her performance as "Outstanding." If not all Commissioners agreed, she would receive a 6% increase based on a "Highly Successful" rating and a 4% increase based on a "Satisfactory" rating. Commissioner Thomas moved to increase the City Manager's salary by 6% and buying back one week's vacation. Commissioner Johnson expressed concern the City Manager's salary is lower than what comparable sized cities pay. It was noted other city managers may have more experience. Commissioner Thomas noted he had not rated Ms. Deptula "Outstanding" but "Highly Successful." The motion was duly seconded. Upon the vote being taken, the motion carried unanimously. b) City Attorney Evaluation Commissioner Justice said in the time he has worked with City Attorney Pam Akin, she consistently has given him good advice. He praised her for establishing good goals and felt she had done an outstanding job reorganizing the office. Commissioner Justice rated the City Attorney's performance as "Outstanding." Commissioner Johnson said he was impressed the City Attorney is always available and patient in explaining the law and trying to keep the City Commission out of trouble. He liked the way the City Attorney serves the whole City Commission and not just one member. Commissioner Johnson noted he does not always like the City Attorney's interpretation but trusts it. He agreed with the personal development plan she has developed and felt her goals are realistic. He said Ms. Akin has done a good job. Commissioner Berfield said she had discussed several situations with the City Attorney who had indicated they would be addressed. She liked the way the Legal Department and City Manager work closely and complimented Ms. Akin for addressing issues in the Hildebrandt report. Commissioner Berfield liked the way the City Attorney addresses department concerns and is responsive with answers. Commissioner Berfield would like the City Attorney to be more proactive when the City Commission is heading in the wrong direction when discussing issues. Commissioner Thomas said his comments were similar to those he made regarding the City Manager. He said the City Attorney has a great deal of talent and has grown in her job. He noted the department's current revolutionary stage makes it difficult to determine a clear picture of the City Attorney's performance. He recommended she establish a policy that staff not meet with an outside attorney without legal department representation. He recommended changing the Charter to have the City Attorney report to the City Manager and requested discussion of this suggestion within 30 days. Commissioner Thomas said Ms. Akin is a delightful counselor with whom to work and debate. He believed the City will grow and prosper with Ms. Akin as City Attorney. The Mayor said the City Attorney has done an excellent job and has fit in well with the City's management team. She complimented Ms. Akin for knowing what her staff is doing and for her thorough research before offering an opinion. She said the City Attorney is open and personable and works well with staff. She offered Ms. Akin high marks. Commissioner Thomas moved to increase the City Attorney's salary by 6%. The motion was duly seconded and carried unanimously. The City Attorney thanked the City Commission for their comments and support and indicated the past year has been interesting and challenging. She noted some legitimate criticism she received has been constructive and agreed to work on a number of ways to improve her performance. She said she was proud of her department and praised her staff and assistant attorneys for doing an outstanding job. Commissioner Thomas suggested ending the requirement for citizens to sign up in advance for meetings and recommended the Commission return to the previous practice of listing Citizens To Be Heard in one place on the agenda before public hearings. Consensus was to delete the requirement for citizens to sign up in advance and return to the previous practice regarding Citizens To Be Heard. Commissioner Johnson questioned the Commission’s role during a hurricane. The City Manager said arrangements had been made to open shelters if necessary due to Hurricane Opal. She said the Commission should stay at home with their families during storms but indicated the Commission would be asked to help after the storm. She noted according to drill arrangements, each Commissioner would receive a cell phone and radio. Mayor Garvey said the City no longer is collecting Sand Key Bridge tokens and they can be redeemed at the Marina office. She suggested the Jolley Trolley accept them. Commissioner Berfield said she would look into the matter. Commissioner Justice suggested throwing them from floats in the Sun N Fun parade. Commissioner Thomas recommending donating them to an arts and crafts program. Mayor Garvey thanked all the volunteers involved in the Clearwater beach Sparkle Days cleanup on September 30, 1995 and those who organized the event. She thanked City staff and the community for being involved. Mayor Garvey noted a Special Election, scheduled for October 24, 1995, has three candidates qualified for the available City Commission seat. She reported an important pension fund issue also will be on the ballot and encouraged everyone to vote. ITEM #45 - Adjournment The meeting adjourned at 11:00 p.m.