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03/07/1996 CITY COMMISSION MEETING CITY OF CLEARWATER March 7, 1996 Present: Rita Garvey Mayor/Commissioner Sue A. Berfield Vice-Mayor/Commissioner Fred A. Thomas Commissioner J. B. Johnson Commissioner Robert Clark Commissioner 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 Engineering Director Cynthia E. Goudeau City Clerk Patricia O. Sullivan Board Reporter The Mayor called the meeting to order at 6:00 p.m. at City Hall. The invocation was offered by Reverend Otis Green of Everybody’s Tabernacle. The Mayor led the Pledge of Allegiance. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. ITEM #3- Service Awards One retirement award was presented to a City employee. ITEM #4 - Introductions and Awards Proclamation: Women's History Month - March 1996 ITEM # 5- Presentations a) Library Board - Annual Report Tony Bacon, Library Board Chair, presented the annual report. The Library Board advises the Library Director and City Commission on issues regarding the Library including policies, needs, funding, budget and public relations He recommended modifying board member attendance requirements to excuse absences for illness or death in the family. Board recommendations include increased juvenile services, lowering video overdue fees, decreasing the card size for magazine sponsorship, and to merge all information. He said Clearwater Library received $536,000 in FY (Fiscal Year) 1995/96 from the Pinellas County Library Cooperative. Since joining the cooperative, services have been expanded and include 3 children librarians, 2 reference librarians, 1 technical service staff member, and 7 assistant librarians. ITEM #6 - Approval of Minutes Commissioner Berfield moved to approve the minutes of the regular meeting of February 15, 1996, and the special meeting of February 15, 1996, as recorded and submitted in written summation by the City Clerk to each Commissioner. The motion was duly seconded and carried unanimously. ITEM #7 - Citizens to be heard re items not on the Agenda Steve Fowler, Chair of the Greater Clearwater Chamber of Commerce, referred to the planned Memorial Bridge rehabilitation. He said the project is ill-timed and will waste $2-million because of efforts to replace the bridge. He said closure and restricted access will devastate beach businesses. He recommended delaying the project until August 1998. David Grice, President of the Drew and Plaza Park Association, requested the City secure his neighborhood from commercial and drug traffic. He recommended closing Vine and Pennsylvania Avenues and installing four-way stop signs in the neighborhood. Plaza Park is surrounded on three sides by commercial development and a drug neighborhood on the fourth. He expressed concern no Crime Watch exists in the adjoining neighborhood. He expressed concern about neighborhood racial problems that affect children trying to play in the park. He felt additional commercial development on North Greenwood Avenue will be detrimental to his neighborhood. Deborah Corbett said her 11-year old daughter was assaulted recently in Plaza Park and cannot play there because of her color. She said naming the playground after a black child has kindled a racial fire. She requested traffic control in the neighborhood because of the presence of handicapped children. She recommended installing four-way stop signs at Hart and Pennsylvania. James Kessel said racial tensions exist in the park and white children are told they cannot play there. He said commercial traffic on Vine and Pennsylvania travels at high rates of speed. He supported eliminating connection to the North Greenwood neighborhood to separate the neighborhood from drug and commercial traffic. Lisa Richardson says she lives closest to the "drug house." Her children cannot play in the park where they are bullied. She requested the City address the problem of cars with blaring radios driving through the neighborhood late at night. She supported installation of stop signs. Dino Diliberti expressed concern his neighbor has enlarged their skateboard ramp. He is disturbed by yelling and screaming in the afternoon. He requested the City address the issue. He also expressed concern regarding owners who do not clean up after their dogs in Crest Lake Park. Dorothy Hiekey expressed concern her five-year old daughter had been threatened and told she could not play in Plaza Park. She recommended installing stop signs around the park. Christopher Anar said one of his children is handicapped and requested a handicapped child sign be installed. He said traffic through the Plaza Park neighborhood is heavy. He said strangers in his neighborhood have asked him if he wished to purchase drugs. He expressed concern the Police did not respond when he called them regarding drug pushers or after he heard gun fire. He said neighbors try to keep the community clean. He said some type of traffic control is needed. John Doran, President of the CBA (Clearwater Beach Association), referred to banners on Cleveland Street. The CBA Board of Directors has agreed to fund brackets on Mandalay Avenue and would like to borrow the Welcome Winter Visitors' signs. Engineering Department Director Rich Baier and Central Permitting Director Scott Shuford indicated they could work with the CBA regarding this issue. He noted the City Manager's recommendation to coordinate signs downtown, at the East entrance, and beach. The CBA will cooperate. The City Manager questioned if the CBA was willing to put up and take down the banners. Mr. Doran said that was the case. The City Manager recommended a program to improve the look of City entrances. Consensus was to permit the use of the banners by the CBA. Agreement was noted a coordinated look should be pursued. Lance Marco said there is a great deal of traffic and children in Plaza Park. He recommended slowing traffic and blocking off a road. David Grice requested the City Commission go on record with their plans for the subdivision. The City Commission was not able to commit at this point. Mr. Baier said staff did a two-day study of the neighborhood and found the average speed there is 20 mph. Staff lowered the speed limit to 20 mph from 25 mph. "No Truck" signs will be erected on Monday. He noted the Police and Fire departments have expressed concerns regarding blocking access to the neighborhood. He indicated the City does not erect Children at Play signs, only Deaf Child signs. He noted liability problems associated with speed bumps. Commissioner Thomas said he was disturbed that children in the park were bullied. He noted the City Commission approved naming the playground after the child who was killed. He recommended writing those who requested naming the playground and advising them of their responsibility to help with the park. He said it is wrong for the government to handle specific neighborhood problems but suggested if the neighborhood cannot solve the problems the City should. Commissioner Johnson said there is no reason to discriminate against children and recommended finding out which families are involved. Mr. Grice said one neighborhood woman, who spoke against the negative behavior, was beaten to the ground. He said the North Greenwood Association, which recommended the name of the park, is not part of the Park Plaza community. He said drugs still are sold at the spot the child was killed. The neighborhood is frustrated problems with this issue continue. He said the memorial has driven a racial wedge between neighbors and claimed the child's parents continue to deal drugs. He indicated plans to join the North Greenwood Association to address this issue further. Commissioner Berfield recommended more enforcement in the neighborhood. The City Manager said she would review this situation with the Police Chief. Mr. Baier said staff is reviewing all alleys in Plaza Park and will come forward in two weeks with recommendations regarding vacation. Commissioner Thomas said for three years he has heard concerns expressed about activities at a specific house. He questioned how this could be an ongoing problem if the Police are aware of it. Commissioner Clark requested appropriate staff attend the March North Greenwood Community meeting. He noted the majority of the neighborhood has been cleaned up and questioned why one problem house remains as the root of neighborhood adversity. Al Papaleo referred to Babe Ruth Baseball and girls' softball. He said the organization is trying to get fields to play but were advised all City fields have been allocated to Little League. He said the Babe Ruth Leagues accept players from age 5 through 18. He said the program keeps children off the street and is one of the largest youth organizations in the country. The Mayor said the City has no fields open at this time but will work with the organization. PUBLIC HEARINGS ITEM #8 - Cont'd from 02/15/96) Variance(s) to Sign Regulations for property located at 2085 Gulf to Bay Blvd., Bamboo Sub. Replat, Lots 1 & 2; Sec. 13-29-15, M&B 42.01 & 41.04; and Bamboo Sub., Lots 2, 3, 8-12 (SDS Investments, Inc. / Carlisle Lincoln Mercury, SV96-02) The applicant requests area variances of 16, 12, 12, and 28 square feet for four directional signs. The subject property, on the South side of Gulf-to-Bay Boulevard at Bamboo Lane, is zoned General Commercial, Multiple-Family Residential "Eight," and Single-Family Residential "Eight." The sign code allows directional signs up to four square feet in area, per sign. The automobile dealership has four nonconforming directional signs with areas of 20, 16, 16, and 32 square feet. The applicant is requesting variances to allow the signs to remain without reducing the sizes. Staff feels existing conditions support variance approval for three of the signs. The "Parking," "Service," and "Paint/Body" signs are interior to the property and produce a nominal effect on Clearwater's aesthetic environment as viewed from City streets and sidewalks. The "Entrance" sign, adjacent to Gulf-to-Bay Boulevard with unobstructed visibility, impinges upon the aesthetic interests of the City and may affect City safety interests. With few exceptions, signs marking driveway entrances in the City adhere to the four square foot code limit. The request is for a sign five times greater than permitted by Code. The request is not minimum but represents a wholesale departure from code. Dan Carlisle, representative of Carlisle Lincoln Mercury, verified photographs of the property presented him by Mr. Shuford. Mr. Carlisle said the Entrance sign is needed due to high traffic speeds on Gulf-to-Bay Boulevard and the difficulty for elderly customers to locate the entrance. The signs are only directional and do not feature logos or advertising. He suggested for safety, the sign's size be scaled to the lot's size. He felt the requested variance met City standards as they were not based on a desire for economic gain nor are they detrimental to public welfare. Commissioner Johnson said he is a frequent visitor and has had no problem locating the business' entrance. Commissioner Thomas felt the entrance sign is most important and noted the property's large size. He said sign pollution has been reduced in the City and felt it was critical for Gulf-to-Bay Boulevard businesses to have signage visible to the public. He supported the variances as requested. Commissioner Thomas moved to approve area variances of 12, 12, 28, and 16 square feet from the 4 square feet permitted to allow "Parking," "Service," "Paint/Body" and "Entrance" directional signs with areas of 16, 16, 32, and 20 square feet, respectively, on property identified as Bamboo Sub Replat, Lots 1 and 2, together with Sec. 13-29-15, M&B 42.01 and 41.04, along with Bamboo Sub, Lots 2, 3, 8, 9, 10, 11, and 12 for meeting Sec. 45.24 Standards for Approval, items (1) - (4). The motion was duly seconded. Commissioner Clark felt the entrance sign is most critical and the requested variance is relatively small. Mayor Garvey said the entrance sign should be smaller and the service sign lower. She expressed concern other businesses will request similar variances if this one is approved. Commissioner Thomas noted some of the elderly population Carlisle serves have vision problems. Commissioner Clark felt denying the entrance sign variance would be detrimental to the public welfare. Commissioner Berfield suggested decreasing the entrance sign's size but maintaining its height. Mr. Shuford said the business can work with City Engineering to make the entrance more visible. Commissioner Berfield questioned if Mr. Carlisle would reduce the sign's size if he could retain the height. Mr. Carlisle said he could replace the sign with one 10 square feet in size. Commissioner Thomas amended his motion to approve area variances of 12, 12, 28, and 6 square feet from the 4 square feet permitted to allow "Parking," "Service," "Paint/Body" and "Entrance" directional signs with areas of 16, 16, 32, and 10 square feet, respectively, on property identified as Bamboo Sub Replat, Lots 1 and 2, together with Sec. 13-29-15, M&B 42.01 and 41.04, along with Bamboo Sub, Lots 2, 3, 8, 9, 10, 11, and 12 for meeting Sec. 45.24 Standards for Approval, items (1) - (4). The seconder agreed. Upon the vote being taken, the amended motion carried unanimously. Mr. Carlisle said the code is hard to understand and recommended making it clearer. ITEM #9 - Variance(s) to Sign Regulations for property located at 715 S. Gulfview Blvd., Bayside Shores, Blk D, Lots 1 & 2 together with accreted land to south (Lane Clearwater Limited Partnership / Holiday Inn Sunspree Resort, SV96-04) The property, on the southwest corner of South Gulfview Boulevard and Gulf Boulevard, is zoned Resort Commercial 28. The applicant is requesting: 1) an area variance of 151 square feet from the permitted 37.5 square feet to allow an auxiliary sign structure with an area of 188.5 square feet and 2) a setback variance of five feet to allow an auxiliary sign zero feet from the South Gulfview Boulevard right-of-way. The variances are requested to allow the existing sign structure at the East entrance to remain. The City did not issue a permit for the structure. The requested variance is five times the code allowance and a substantial deviation from code. Variances of this size are not considered minimum and normally are not recommended for approval by staff. Staff feels special circumstances exist to support the requested area variance for the auxiliary sign structure: 1) the sign is low to the ground. Dense landscaping adjacent to the right-of-way softens the sign's appearance and diminishes its visibility from the right-of-way; 2) the area of the sign structure and absence of a setback do not divert attention from properties with conforming signs and do not adversely affect the appearance of Clearwater beach or the City; 3) the area of the sign structure affects traffic safety and aesthetics little different than fences or walls built in proximity to the right-of-way, in many locations in the City; and 4) strict enforcement of the code would cause a hardship for the applicant that would be great in comparison to the benefit for the public. Dan Benda, representative for Holiday Inn Sunspree, verified photographs of the property presented him by Mr. Shuford. He said the sign on the wall is only 37.1 square feet and complies with code. He said the wall was constructed to meet the Holiday Inn, Inc. directive for properties to provide guests a real sense of arrival. He said the wall was built to architect specifications. They were not aware it did not meet code or was too close to the street as it was constructed within the property's borders. He said the sign is attractive and fits well within the landscaping. The wall is a planter, not a big sign. Mr. Shuford agreed the lettering is within code limits if the structure of the free-standing sign is not counted. He said that is one reason staff recommended approval. In answer to a question, he said the Holiday Inn cannot construct a separate pole sign. Another sign on the property already advertises the gym. The new sign is considered an auxiliary sign. In answer to a question, Mr. Benda indicated this is the first sign with which he has been involved. Commissioner Thomas expressed concern a representative of the company that constructed the sign was not present. He said the company knew a permit was required. He said it was wrong to break the law and then request forgiveness. He noted the Commission had denied previous requests for signs on large structures but had made some exceptions. Commissioner Johnson expressed concern regarding the substantial size of the request and that Federal Sign Company had neglected to obtain a permit. In answer to a question, Mr. Shuford said staff was identifying this sign as the auxiliary one. Otherwise, variances would be required for both signs. He said the original signs were conforming when they were erected. Mr. Benda said a large Hilton sign previously stood in the same area as the new one. Management has reduced the size of attached signs. Commissioner Thomas requested staff provide information regarding what signage the Hilton was permitted to have. He questioned what the City can do to punish a company that installs a sign without a permit. Mr. Shuford said the City has several options. Staff recommended charging them a triple fee as penalty. If additional violations occur, the City could discuss penalties with the CLB (Construction Licensing Board). Commissioner Thomas moved to continue Item #9 until March 21, 1996. The motion was duly seconded and carried unanimously. ITEM #10 - Variance(s) to Sign Regulations for property located at 1501 N. Belcher Rd., Sec. 7-29-16, M&B 22.01 (The Center Foundation / Pinellas Community Center, Inc. d/b/a Long Center, SV96-05) This property, on the East side of Belcher Road North of the Seaboard Coastline Railroad, is zoned Public/Semipublic. The applicant is requesting an area variance of 83.3 square feet from the permitted 48 square feet to allow attached signs with an area of 131.3 square feet. The variance is requested to allow placement of three wall signs with a cumulative area of 131.3 square feet on the building's West wall facing Belcher Road. Staff feels special circumstances exist to support approval. The signs' visibility from the street will be diminished because the building is 560 feet from Belcher Road. Although a 125% area bonus is applicable to attached signs more than 300 feet from the right-of-way, the area of any auxiliary signs first must be deducted from the zone limit, and the bonus applied to the remainder. The Long Center is not availed of a sign area bonus because the area of the auxiliary signs is 94.5 square feet and the zone limit is 48 square feet. The proposed signs will not divert attention from businesses with conforming signs and will not adversely affect the appearance of the City. Mark Abdo, representative for the Long Center, verified photographs of the property presented him by Mr. Shuford. He said this request was made by the Long Center Foundation Board which had received a substantial gift. The sign will designate the name of the aquatic center. The variance includes room to designate a future benefactor for the gymnasium. Commissioner Johnson moved to approve an area variance of 83.3 square feet from the permitted 48 square feet to allow attached signs with an area of 131.3 square feet on property identified as Sec. 7-29-16, M&B 22.01, for meeting Sec. 45.24 Standards for Approval, items (1) - (4). The motion was duly seconded and carried unanimously. ITEM #11 - (Cont'd from 02/15/96) Public Hearing & First Reading Ords. #5974-96 & #5975-96 - Annexation & RS-6 Zoning for property located on the east side of Landmark Dr., Sec. 33-28-16, M&B 22.0111 (City / Richard Baier, A95-29) This City initiated annexation is for vacant land on the East side of Landmark Drive purchased by the City for use as a retention pond required as part of Landmark Drive improvements. This annexation will not involve any land use plan reclassification/change. It is proposed to zone the property Single-Family Residential "Six" in keeping with the single family use of properties to the West. A retention pond is a utility facility that is a conditional use within the proposed zoning district. When the retention pond's preliminary design is completed, an application for conditional use utility facilities will be made. On February 20, 1996, the Planning & Zoning Board unanimously endorsed the annexation. Commissioner Thomas moved to approve the Petition for Annexation and Zoning Atlas Amendment to Single-Family Residential "Six" (RS-6) for Section 33-28-16, M&B 22/0111. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #5974-96 for first reading and read it by title only. Commissioner Clark moved to pass Ordinance #5974-96 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Thomas, Johnson, Clark and Garvey. "Nays": None. The City Attorney presented Ordinance #5975-96 for first reading and read it by title only. Commissioner Thomas moved to pass Ordinance #5975-96 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Thomas, Johnson, Clark and Garvey. "Nays": None. ITEM #12 - Public Hearing & First Reading Ords. #5983-96 & #5984-96 - Annexation & IL Zoning for property located at 2050 Sunnydale Blvd., Clearwater Industrial Park, part of Lot 2 (Tuthill Corp. / Hansen Plastics Division, A96-03) The City Manager reported staff has requested this item be continued. Commissioner Clark moved to continue Item #12 until March 21, 1996. The motion was duly seconded and carried unanimously. ITEM #13 - Public Hearing & First Reading Ords. #5985-96 & #5986-96 - Annexation & RS-8 Zoning for property located at 1501 Stevenson Dr., Stevenson’s Heights, Blk D, Lot 5 (James L. Waters, TRE & Zonald E. Waters, A96-05) The applicant has requested annexation and proposed zoning of Single-Family Residential "Eight" for 1501 Stevenson Drive to obtain garbage pick up services. On February 20, 1996, the Planning & Zoning Board unanimously endorsed the request. Commissioner Thomas moved to approve the Petition for Annexation and Zoning Atlas Amendment to Single-Family Residential "Eight" for Lot 5, Block D, Stevensons Heights. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #5985-96 for first reading and read it by title only. Commissioner Clark moved to pass Ordinance #5985-96 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Thomas, Johnson, Clark and Garvey. "Nays": None. The City Attorney presented Ordinance #5986-96 for first reading and read it by title only. Commissioner Thomas moved to pass Ordinance #5986-96 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Thomas, Johnson, Clark and Garvey. "Nays": None. ITEM #14 - Public Hearing & First Reading Ords. #5987-96 & #5988-96 - Annexation & RS-8 Zoning for property located at 1301 Woodbine St., Pine Ridge Sub., Blk C, Lot 9 (James L. Waters, TRE, A96-08) The applicant has requested annexation and proposed zoning of Single-Family Residential "Eight" for 1301 Woodbine Street to obtain garbage pick up services. On February 20, 1996, the Planning & Zoning Board unanimously endorsed the request. Commissioner Johnson moved to approve the Petition for Annexation and Zoning Atlas Amendment to Single-Family Residential "Eight" for Lot 9, Block C, Pine Ridge Subdivision. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #5987-96 for first reading and read it by title only. Commissioner Berfield moved to pass Ordinance #5987-96 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Thomas, Johnson, Clark and Garvey. "Nays": None. The City Attorney presented Ordinance #5988-96 for first reading and read it by title only. Commissioner Johnson moved to pass Ordinance #5988-96 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Thomas, Johnson, Clark and Garvey. "Nays": None. ITEM #15 - Public Hearing & First Reading Ord. #5963-96 - Amending Sec. 42.06, to provide for revised requirement for transfers of development rights (LDCA95-23) Staff has identified the need to revise the City's TDR (transfer of development rights) regulations and approval procedures to reflect changes resulting from: 1) elimination of receipt and referral for most site plans and plats; 2) overall City goal of reducing the complexity of regulations; and 3) Citywide and Statewide focus on reducing urban sprawl and promoting infill development. This ordinance simplifies the City's review procedures while the City Commission maintains the right to grant or deny a TDR. It also clarifies the language of the existing TDR section, eliminating conflicting and unnecessary wording. The Planning & Zoning Board and Development Code Adjustment Board have unanimously recommended approval of this ordinance. Mr. Shuford said the change permits moving density from one parcel to another without affecting net density. This tool will encourage the use of marginally small properties for redevelopment without replatting. He hoped the changes would encourage redevelopment. Commissioner Clark moved to approve the code amendment revising the transfer of development right requirements. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #5963-96 for first reading and read it by title only. Commissioner Thomas moved to pass Ordinance #5963-96 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Thomas, Johnson, Clark and Garvey. "Nays": None. ITEM #16 - Public Hearing & First Reading Ord. #5970-96 - Amending Sec. 42.21, to provide for improved clarity concerning the application of landscaping and parking standards for nonconformities (LDCA95-24) The City Manager said staff recommended continuing this item. Commissioner Thomas moved to continue Item #16 until March 21, 1996. The motion was duly seconded and carried unanimously. ITEM #17 - Public Hearing & First Reading Ord. #5971-96 - LDCA establishing zoning standards for police substations (LDCA96-01) Community-based policing is an increasing trend in law enforcement and often requires establishing temporary or longer-term police substations in various neighborhoods. This ordinance provides a mechanism to establish temporary or permanent police substations in any zoning district in the City. The ordinance adds police substations to the definition of "utility facility," establishes conditional use permit standards for police substations, and provides for approval of temporary police substations as temporary uses. The Planning & Zoning Board and Development Code adjustment Board unanimously recommended approval of this ordinance. Commissioner Clark moved to approve the Land Development Code amendment establishing zoning standards for police substations. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #5971-96 for first reading and read it by title only. Commissioner Johnson moved to pass Ordinance #5971-96 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Thomas, Johnson, Clark and Garvey. "Nays": None. ITEM #18 - Public Hearing & First Reading Ord. #5972-96 - LDCA establishing “Research and Technology Production” Use (LDCA96-02) Staff identified the need to create a new use, "Research and Technology Production," to permit high tech production and assembly uses in commercial zoning classifications subject to conditional use permit compatibility review; review of PPC (Pinellas Planning Council) rules and the Pinellas County code reveals such uses can be regarded as a type of heavy commercial use. This ordinance is in response to a proposed relocation of an intraocular lens production company to a four-acre property zoned Commercial Center, bringing a high tech medical research employer to Clearwater. The Planning & Zoning Board approved the required conditional use permit to allow this use (6-1 vote), contingent upon Commission adoption of this ordinance. With the declining nationwide market for retail and office space and the desirability to attract high tech operations to Clearwater, this amendment should allow and encourage an appropriate wider range of land uses in the City's commercial zoning categories and permit this use in other zoning districts. The Planning & Zoning Board unanimously recommended approval of this ordinance. A letter of objection was received. Mr. Shuford said after receiving correspondence from the PPC, he double checked with County staff who verified a similar use is permitted in C-3 zoning in the County. He suggested allowing this as a conditional use would encourage this type of use where appropriate. No office park land is available in Clearwater to attract this type of development. It would be considered a low intensity use. He noted some opposition but indicated the use would not result in noise or waste. He said this recommendation is in response to City Commission direction regarding economic development. Mayor Garvey noted as a conditional use, each application must be reviewed. Tom Flynn said he owns an office building across from a proposed site and said it makes no sense to bring industrial uses into an office park. He said the County does not permit this use and felt plenty of other sites could be used. Mr. Shuford referred to a letter from PPC Director Healey indicating this was not allowed. When contacted, County planning staff said it was an oversight on their part not to include this use in C-3 zoning. County staff assured the City this is a permitted use. City staff is recommending it as a conditional use. In answer to a question, the City Attorney indicated the PPC must approve this change. Commissioner Thomas noted these steps provide checks and balances along the way. Mr. Shuford said staff recognizes the need for County review. Evelyn Mense, President of the Villas at Countryside Condominium Association, objected to the proposal and requested the City not consider this property for this use. She noted with County permission, Top of the World created drainage problems requiring a retention pond by her condominium complex. She said land was purchased and a variance was granted to build an ACLF. She said her community is unhappy about the many changes occurring around them. She did not object to this use but did not want it located where it is proposed. She said a buffer should exist between residences and industry. She said if this use is approved for this location, no buffer will exist. Roy Moser noted concern accompanies most change but felt progress can be healthy if it is well managed and controlled. He said the clienteles for the intraocular business are surgeons. The manufacturing environment is very high tech and will work within constraints imposed by the Planning & Zoning Board. He said it is important the business is located in an environment amenable to its clientele. In answer to a question, Mr. Shuford said if the City Commission approves the amendment, it will go to the PPC for review and then return to the City Commission. He said Pinellas County left off the C-3 classification that allowed this use in a commercial general land use plan category. Their position is this was an oversight they intend to correct. He said the issue will be addressed at the PPC's March 11, 1996 meeting. He said this issue would not return to the City Commission without PPC comments. Commissioner Berfield questioned if other local municipalities permit this use. Mr. Shuford said Largo has a performance type zoning. He said approval will allow a wide range of uses. He said the intraocular lens business, approved by the Planning & Zoning Board as a conditional use subject to adoption of this amendment, is causing the current concern. He said the use will be compatible with the neighborhood. Commissioner Berfield questioned what other uses would be permitted as research and technology production. Mr. Shuford said the proposed uses are for medical and optical tech labs, etc., as defined in the ordinance. Conditional use standards allow the board to say why something is not compatible. Noise analysis depends on a business' location. Commissioner Thomas expressed concerns high tech uses are polluting as required chemicals are highly toxic. Mr. Shuford said the ordinance addresses waste under standards of approval. He said the ordinance attempts to be specific enough without being too specific and requiring constant adjustments. Commissioner Thomas expressed concerns regarding high tech businesses starting in garages. Mr. Shuford said the industry must conform to general standards for buildings in the zone where they locate. Commissioner Thomas requested additional information on this issue be presented at the March 18, 1996 Work Session. Mr. Flynn questioned if the zoning would be compatible with the County Land Use Plan. He opposed locating intraocular lens production on the proposed site and expressed concern the Planning & Zoning Board approved this use prior to City Commission approval of this ordinance. Commissioner Thomas said the City Commission was not approving the company but the concept. The Planning & Zoning Board is responsible for granting conditional uses. He noted the issue still must be forwarded to the PPC formally. Mr. Shuford said Mr. Healey will begin a formal review of this proposal upon receipt of the City's submittal and his comments will be forwarded to the City Commission. Commissioner Berfield noted the City is not required to comply with every use authorized in Pinellas County. Commissioner Johnson moved to approve the Land Development Code amendment establishing "Research and Technology Production" use. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #5972-96 for first reading and read it by title only. Commissioner Clark moved to pass Ordinance #5972-96 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Thomas, Johnson, Clark and Garvey. "Nays": None. ITEM #19 - Public Hearing & First Reading Ord. #5991-96 - Amending Sec. 35.11, to establish a definition for convention center (LDCA96-03) The City Attorney, Harborview Center management and Central Permitting staff recently met with State Alcoholic Beverage officials concerning the sale and service of alcoholic beverages at the Harborview Center. Changes to the Center's operation (i.e., no third floor restaurant) have affected the way the Center handles alcoholic beverages; the City had planned to use the restaurant's license to cover the Center. State officials denied a proposal for a series of one-day permits. Staff now is seeking a State "civic center" license. To clarify this issue in City code, convention center needs to be defined. This amendment was prepared to accomplish this purpose. On March 5, 1996, the Planning & Zoning Board unanimously approved this ordinance. Commissioner Thomas moved to approve the Land Development Code amendment establishing a definition for convention center. The motion was duly seconded. Commissioner Berfield said when the City Commission approved the Harborview Center, they indicated it would be called a conference center. She questioned if the City would have to refer to it as a convention center now. Mr. Shuford said the City can call it a conference center. Commissioner Thomas recommended defining a conference/ convention center. The City Attorney noted that change would require the issue to be readvertised. Upon the vote being taken, the motion carried unanimously. The City Attorney presented Ordinance #5991-96 for first reading and read it by title only. Commissioner Berfield moved to pass Ordinance #5991-96 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Thomas, Johnson, Clark and Garvey. "Nays": None. Public Hearing - Second Reading Ordinances ITEM #20 - Ord. #5969-96 - Amending Appendix A, Schedule of Fees, Rates and Charges for Article XIX - Streets, Sidewalks, Other Public Places The City Attorney presented Ordinance #5969-96 for second reading and read it by title only. Commissioner Johnson moved to pass and adopt Ordinance #5969-96 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Thomas, Johnson and Garvey "Nays": Clark. Motion carried. ITEM #21 - Ord. #5976-96 - Land Use Plan Amendment to Commercial General for property located at east & west sides of S. Ft. Harrison Ave. and south of Woodlawn St., Sec. 21-29-15, M&B 44.08, 44.09 & 44.10 (Florence Panteles, Peter V. & Michael Gianfilippo, and Oliver & Harriett Ackerley / City, LUP95-35) The City Attorney presented Ordinance #5976-96 for second reading and read it by title only. Commissioner Berfield moved to pass and adopt Ordinance #5976-96 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Thomas, Johnson, Clark and Garvey "Nays": None. ITEM #22 - Ord. #5977-96 - CG Zoning for property located at east & west sides of S. Ft. Harrison Ave. and south of Woodlawn St., Sec. 21-29-15, M&B 44.08, 44.09 & 44.10 (Florence Panteles, Peter V. & Michael Gianfilippo, and Oliver & Harriett Ackerley / City, Z95-18) The City Attorney presented Ordinance #5977-96 for second reading and read it by title only. Commissioner Johnson moved to pass and adopt Ordinance #5977-96 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Thomas, Johnson, Clark and Garvey "Nays": None. ITEM #23 - Ord. #5978-96 - Annexation for property located at 1936 E. Skyline Dr., Skyline Groves, Lot 60 (Strohm, A96-01) The City Attorney presented Ordinance #5978-96 for second reading and read it by title only. Commissioner Clark moved to pass and adopt Ordinance #5978-96 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Thomas, Johnson, Clark and Garvey "Nays": None. ITEM #24 - Ord. #5979-96 - RS-8 Zoning for property located at 1936 E. Skyline Dr., Skyline Groves, Lot 60 (Strohm, A96-01) The City Attorney presented Ordinance #5979-96 for second reading and read it by title only. Commissioner Thomas moved to pass and adopt Ordinance #5979-96 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Thomas, Johnson, Clark and Garvey "Nays": None. ITEM #25 - Ord. #5980-96 - Annexation for property located at 2209 Arlington Place, Palmetto Terrace, Blk B, Lot 3 (Jaeger, A96-02) The City Attorney presented Ordinance #5980-96 for second reading and read it by title only. Commissioner Berfield moved to pass and adopt Ordinance #5980-96 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Thomas, Johnson, Clark and Garvey "Nays": None. ITEM #26 - Ord. #5981-96 - RS-8 Zoning for property located at 2209 Arlington Place, Palmetto Terrace, Blk B, Lot 3 (Jaeger, A96-02) The City Attorney presented Ordinance #5981-96 for second reading and read it by title only. Commissioner Johnson moved to pass and adopt Ordinance #5981-96 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Thomas, Johnson, Clark and Garvey "Nays": None. CITY MANAGER REPORTS CONSENT AGENDA (Items #27-45) - Approved as submitted less #43 ITEM #27 - Contract for engineering services for Clearwater Gas System expansion to Tampa Bay Engineering, Inc., for the period 03/08/96 -03/07/99, for an amount not to exceed $350,000 (GAS) ITEM #28 - Intergovernmental Agreement with FDEP to provide for assessment and, if needed, remediation of former Manufactured Gas Plant Site located at 400 N. Myrtle Avenue; authorize one time payment of $2,500 for cost & expense incurred by FDEP (GAS) ITEM #29 - Contract for residential gas meter change out to West Coast Plumbing, Palm Harbor, FL, for the period 03/07/96 -01/06/97, for an estimated $40,000 (GAS) ITEM #30 - Amend contract with National Meter Parts Inc., Lancaster, OH, to increase funding of existing contract to purchase gas meters and regulators by $17,000 for a new estimated total of $45,881 (GAS) ITEM #31 - Purchase one 1997 Knuckle Boom Trash Truck from Atlantic Ford Truck Sales, Ft. Lauderdale, FL, for $74,985; financing to be provided under City’s master lease-purchase agreement (GS) ITEM #32 - Purchase of hearing assistance system for Jack Russell Stadium & other facilities to Public Assembly Equipment Company, San Antonio, TX, for $29,961.95 (HM) ITEM #33 - Purchase 23 personal computers & related components (for City Hall) from Inacom Information Systems, Tampa, FL, for $65,800; financing to be provided under City’s master lease-purchase agreement (IM) ITEM #34 - Contract to provide personal computer instructors for City employee personal computer training project (for City & selected police staff moving to the MSC & Police Buildings) to CompUSA, Tampa, FL, for $495 per day/per instructor, for a total of $57,075 (IM) ITEM #35 - Re-appoint William Schwob to the Board of Trustees, Clearwater Police Supplementary Pension Plan (PD) ITEM #36 - 5 Year Lease of City-owned property at 1435 S. Greenwood Ave. to Peerless Supply, Inc., W 157’ of Lot 7, A. H. Duncan’s Resub., for total minimum rent of $11,460; payable $191 per month during initial lease year, adjustable annually thereafter with CPI (EN) ITEM #37 - Lease agreement with Clearwater Newspapers, Inc., a Delaware Corp. to lease 75 paved parking spaces, to be restriped by City staff, within portion of Blks 9 & 10, Aiken Sub., for $750 per month for the period 04/01/96 to 01/31/97, with total maximum rent of $7,500 plus $810 to erect and remove security fencing, for a total estimated $8,310 (EN) ITEM #38 - Purchase of approximately 363 various sized steel front-end loading refuse containers from Industrial Refuse Sales, Inc., Lakeland, FL, at a total estimated $127,580 (SW) ITEM #39 - Purchase of approximately 55 two, three & four-cubic yard aluminum front-end loading refuse containers from Boone Welding, Inc., Gainesville, FL, at a total estimated $38,850 (SW) ITEM #40 - Purchase 16 twenty cubic yard, 17 thirty cubic yard and 5 forty cubic yard steel roll-off containers from Industrial Refuse Sales, Inc., Lakeland, FL, at an estimated $95,640 (SW) ITEM #41 - Receipt/Referral - LDCA establishing a revised definition for variance (LDCA96-04) (CP) ITEM #42 - Receipt/Referral - LDCA revising the density conversions for nursing homes and residential shelters and revising parking regulations for nursing homes, residential shelters and group care facilities (LDCA96-05) (CP) ITEM #43 - See below. ITEM #44 - Acceptance of sidewalk easement (Clearwater Community Hospital) (CA) ITEM #45 - Acceptance of utilities easement (Calvary Baptist Church) (CA) Commissioner Thomas moved to approve the Consent Agenda as submitted less Item #43 and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. The Commission recessed from 8:31 to 8:48 p.m. ITEM #43 - Approve use of a single caterer for food and beverage services at the Harborview Center; authorize an agenda item for 03/21/96 to award said contract to a joint venture of Boston Concession Group and Delectables Catering (CM) The City retained GFS (Globe Facility Services, Inc.) for quality management operational services at the Harborview Center. The City established the following goals: 1) efficient operation; 2) minimizing the City's net cost; 3) safeguarding the City's Capital Investment; and 4) active solicitation, promotion and company promotion of events to maximize revenues to the City. The City Commission included in the Harborview Center budget a banquet serving kitchen to be managed by GFS for additional Center income. This concept is to maximize income and consolidate the alcoholic beverage license to one server, thereby meeting State guidelines for serving alcoholic beverages on a regular basis. Ruth Eckerd Hall does not depend on catering for a large part of their budget. The hall holds a liquor license in the facility's name and hires bartenders for each event. The Harborview Center is a convention facility, not a civic center. Quality, service reputation, profitability, and asset management are important. A cost is involved every time the facility is used. Food service provides 35% of the facility's revenue. Several exceptions accommodate charity needs. Quality food presentation and good food are important to running a successful first class facility and realizing a profit. Based on City Commission direction on January 2, 1996, and City goals, GFS issued a RFP (Request for Proposal) for food and beverage services at the Harborview Center requesting: 1) demonstrated ability to maximize potential revenues; 2) resumes of operator's management team; 3) labor schedules and manning charts; 4) proposed marketing program; 5) operating experience; 6) financial resources; 7) financial resources; 8) specific experience; 9) operating plan; and 10) training practices. On January 23, 1996, 9 firms attended a pre-bid conference and facility tour. GFS received 6 submissions by the February 9, 1996 due date. On February 16, 1996, short list interviews were held with 4 potential operators. The evaluation committee included: 1) Mich Sauers, GFS President; 2) Ken Young, GFS Director; 3) Barry Strafacci, GFS General Manager; 4) David Ransdell, GFS Harborview Center Financial Director; and 5) Purchasing Manager George McKibben. Two firms were identified as potential operators: 1) Boston Concessions Group and 2) Delectables Catering. GFS recommends awarding the contract to a joint venture of Boston Concession Group and Delectables Catering, firms that have reached an agreement in principle. The contract will be a management fee based agreement with the joint venture provided an incentive for driving sales by receiving a percentage fee based on gross receipts. Additionally, as an incentive to manage the business efficiently and profitably, they will receive a percentage of Net Operating Profit. The two parties of this joint venture will split fees equally. The joint venture has agreed to provide the necessary operating capital and an interest free cash advance of $100,000 to purchase banquet equipment necessary to operate properly. The equipment becomes property of the City. The advance is returned by installments from Harborview's food and beverage profits. The contract will allow Harborview Center to effectively manage: 1) revenue; 2) service; 3) reputation; and 4) assets. The financial return to the City is projected above industry standards. The term of the contract will be five years. This contract will be brought for Commission Approval at the March 21, 1996, City Commission meeting along with the request to approve application for the liquor license and transfer of this license to the chosen firm. It was noted the contract will be with the Boston Concession Group who will enter an agreement with Delectables Catering. Deputy City Manager Kathy Rice said the first event at the Harborview Center was held on January 11, 1996. The Center has been a success without a caterer, attracting 27,975 people to 31 events. She said without a caterer, guests have not had coffee service or water on their tables. Participants have been understanding. Commissioner Clark referred to the management fee agreement and questioned why the vendor is being paid 8% of gross sales. GFS General Manager Barry Strafacci said convention centers have changed the way they operate in the past few years. He had contacted the Oregon Convention Center, Anaheim Convention Center, Orlando/Orange County Convention Center, Broward County/Ft. Lauderdale Convention Center, Chicago's McCormick Place Convention Center, New Orleans' Superdome Convention Center, Atlanta's World Congress Center, The Galleria in Cobb County (Georgia), and Seattle's Washington State Convention Center. All these centers have adopted a management fee basis because they are seeking the greatest return to their cities City. Commissioner Clark questioned the bottom line. Mr. Strafacci said this concept allows GFS to be involved in the process and control prices; this would not be possible on a commission basis. Lower priced food can be negotiated during non-peak times. Commissioner Clark questioned what split is being proposed. Mr. Strafacci said the caterer will get 8% off the top. The profits are split between the caterer and City with the City getting 90%. Commissioner Clark said his research indicated many convention centers in Florida use a different method. He expressed concern the proposal recommended giving upfront money to the caterer. He would support paying the caterer from the bottom line and suggested the City receive its money upfront. Mr. Strafacci said that method would reduce profits. Commissioner Clark said the proposal gave the caterer no incentive to control expenses. Mr. Strafacci said the proposal provides incentives on both ends as the caterer also shares in the profit. Commissioner Thomas questioned how the fee is listed on the proforma. Mr. Strafacci said the management fee is 8% of gross. Commissioner Thomas noted GFS had predicted the City would receive approximately 30%. Mr. Strafacci said the percentages were based on projections. The City would receive more than 30% with sales of $3-million. With sales of $2.5-million, the City's portion would be approximately 25%. Commissioner Thomas expressed concern operating expenses which are controlled by the caterer will be deducted from the gross. Mr. Strafacci said GFS will manage this business and if the cost of goods is out of line, the caterer will not be performing to contract specifications. He said GFS will keep a close eye on the catering operation as food and beverage service represent 35% to 60% of the Harborview Center's gross income. He felt this proposal was the best way to maximize revenue. Commissioner Thomas recommended the City receive its commission off the top. Commissioner Johnson said the City Commission was to decide on approving a one caterer concept. Commissioner Clark said he had spent a great deal of time talking to people who are doing it this way. He said this proposal sounds like the best deal for the caterer. He felt the caterer should not receive any income off the top. Mr. Strafacci said a percentage of straight commission was offered. GFS went with the management fee because they thought it was a better deal. Commissioner Thomas questioned if another caterer may be interested in bidding. Ms. Rice indicated the RFP had been distributed nationally. Commissioner Thomas requested staff prepare a spreadsheet listing every convention facility in Florida and comparing the deals. He noted the City wants to make as much money as possible while serving the best food possible. Commissioner Clark said he wanted the best deal with minimal risk to the City. Mr. Strafacci said the proposed contract requires the caterer to take care of any deficit. Mayor Garvey recommended approving GFS' recommendation. GFS is responsible for proving they are making money at the end of the year. Mr. Strafacci said GFS will do whatever the City Commission asks. He felt these arrangements represented the best opportunity for the City to receive revenues higher than standard commissions. Commissioner Thomas noted the City already invested $12-million in the venture. GFS will be paid no matter how successful they are and the caterer will receive a percentage whether or not they are successful. Mr. Strafacci said a flat fee would not provide an incentive for the caterer. He noted the partners in the joint venture had received good references. Commissioner Thomas moved to approve the use of a single caterer for food and beverage services at the Harborview Center and authorize an agenda item to be brought forward at the March 21, 1996 City Commission meeting to award said contract to Boston Concession Group. The motion was duly seconded and carried unanimously. OTHER ITEMS ON CITY MANAGER REPORT ITEM #46 - Joint Project Agreement & Utility JPA Construction Modification with FDOT to install natural mains during widening project of SR 55 (US 19N) from Live Oak Street north to Pinellas/Pasco County line, at an estimated $238,236.72; Res. #96-13 - authorizing execution of agreements for installation and acceptance of new city facilities; authorizing placing of funds with FDOT for completion of the utility installation (GAS) Existing CGS (Clearwater Gas System) facilities conflict with the design of FDOT's (Florida Department of Transportation) project to widen US 19N. Under this JPA (Joint Project Agreement), CGS proposes to provide a secondary feed across the Anclote River and install 7,000 feet of new 6-inch gas main, including removing and relocating 1,700 feet to the East side of US 19N. This change will better serve area customers and align with CGS' Pasco County main. The Utility JPA Construction Modification will reinforce the bridge supports due to the weight of the new water and gas lines crossing the Anclote River. FDOT made this modification after the original JPA was issued to all affected utilities. Under the JPA Modification, the FDOT's general contractor will perform the gas main relocation and bridge support reinforcement and insure the work is done in a timely manner, releasing CGS from any penalty payments for delays and/or conflicts. A second quarter budget amendment will be made to transfer $80,000 from gas revenues to Pinellas Phase II Bond Gas Relocation project and transfer $158,236.72 from gas revenues to Pinellas Phase II Bond New Gas Mains and Services project. Commissioner Thomas moved to approve a Joint Project Agreement and a Utility Joint Project Agreement Construction Modification with the Florida Department of Transportation to install natural gas mains during the widening project of SR 55 (US 19) from Live Oak Street North to the Pinellas/Pasco county line at an estimated cost of $238,236.72 and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. The City Attorney presented Resolution #96-13 and read it by title only. Commissioner Clark moved to pass and adopt Resolution #96-13 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Thomas, Johnson, Clark and Garvey "Nays": None. ITEM #47 - Res. #96-15 - Dedicating a 10’ Sanitary Sewer Easement lying across a portion of Country Hollow Park (EN) The owner of an adjoining parcel of land proposes to convert his house into a group home care facility and needs to connect to the sanitary sewer. The property owner has filed an application to annex his property into the City. The City's sanitary sewer system, approximately 200 feet away on Brattle Lane, can be extended across a portion of the City's Country Hollow Park to the proposed facility. To accommodate the sanitary sewer line, the City needs to dedicate an easement across a portion of the park site. Commissioner Thomas moved to dedicate a 10-foot Sanitary Sewer Easement lying across a portion of Country Hollow Park and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. The City Attorney presented Resolution #96-15 and read it by title only. Commissioner Clark moved to pass and adopt Resolution #96-15 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Thomas, Johnson, Clark and Garvey "Nays": None. ITEM #48 - Res. #96-14 - Officially renaming Marianne Street, between Mandalay Ave. and the west bridge of Memorial Causeway, to “Pier 60 Drive” (EN) The proposed access road to the new Pier 60 Park, West of Mandalay Avenue, has been named Pier 60 Drive. Marianne Street, between Mandalay Avenue and the West Bridge of Memorial Causeway, is a continuation of the new Pier 60 Drive. Traffic signs and directional signs which direct the public to the new park would be easier to understand if only one street name is used. No mailing addresses are on Marianne Street. Commissioner Berfield moved to officially rename Marianne Street between Mandalay Avenue and the West bridge of Memorial Causeway to "Pier 60 Drive," and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. The City Attorney presented Resolution #96-14 and read it by title only. Commissioner Johnson moved to pass and adopt Resolution #96-14 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Thomas, Johnson, Clark and Garvey "Nays": None. ITEM #49 - Agreement with Florida Community Trust (FCT), an agency within the FDCA describing activities that will be conducted both prior to and subsequent to acquisition of (Boy Scout) Camp Soule (CM) The Florida Preservation 2000 Act provides the FDCA (Florida Department of Community Affairs) with 10% of net Preservation 2000 Revenue Bond proceeds to provide land acquisition grants and loans to local governments through the FCT (Florida Community Trust). A private citizen group applied to the FCT for grant funds to purchase the Boy Scout property, Camp Soule, immediately South of the City's Lake Chatauqua Park and North of City property proposed for a neighborhood park off Soule Road. On February 8, 1996, the FCT approved the Camp Soule project and agreed to fund $1,419,625, half the $2,839,250 necessary to acquire the property. The application indicated private and corporate charitable contributions would match the grant. The Conceptual Approval Agreement lists activities and conditions required before acquisition funds are disbursed. Final acceptance by both parties is contingent on the satisfactory resolution of several considerations, i.e., before the property is purchased, the FCT must approve a project management plan describing how the property will be used and managed. Staff understands the management plan will state the Boy Scouts will operate the Camp Soule property and offer it to the public for group use only, at no expense to the City. It is noted the grant recipient "shall protect and improve the water quality in the lake," and is required to remove or mitigate known pollution sources. This requirement could be costly depending on the effect of area septic tanks. City Environmental staff believes the lake's pollution results from typical urban stormwater runoff and not from neighborhood septic tanks. If this is the case, the Alligator Creek stormwater management plan being prepared will address the proper program for pollution abatement and water quality improvements. If sanitary sewers must replace septic tanks at Camp Soule, the cost is estimated at $100,000. The cost of extending sanitary sewer lines to private residences surrounding Lake Chatauqua has not been determined but would be many times the cost of serving Camp Soule alone. If the Boy Scouts do not operate and maintain the Camp at no cost to the City or change the operating mode, the City would be responsible for the Camp's annual operating and maintenance cost. Based on the management plan, which has not been written, the Commission should view approval of this Conceptual Approval Agreement only as indication of the City's desire to protect the property and a willingness to join in an arrangement that addresses that concern. The State, City and Boy Scouts then would draft a plan satisfactory to all parties. If the City Commission decides to proceed, research to establish cost estimates will begin. An outline of the Commission's position regarding the final agreement will be needed to negotiate a final document. The Mayor expressed concern the City is considering spending money for an asset and allowing the Boy Scouts to control it. Commissioner Johnson expressed concern the proposal has many hidden expenses not yet addressed. Mayor Garvey recommended private fundraising be allowed to start. Commissioner Berfield noted the Boy Scouts had not indicated they would look necessarily to the City for the $1.4-million. She noted the City will clean up the lake anyway by addressing the stormwater issue. Mayor Garvey noted the septic tank issue will be critical if the camp is opened to more groups. Commissioner Berfield said staff did not think the Boy Scout's septic tanks were polluting the lake but had not ruled out replacing them. Commissioner Johnson noted the City does not own the lake. Commissioner Thomas said the management agreement will address how the camp will be managed. He felt it was foolhardy to think the City will not install sewer lines. He questioned if it could be established that donations to the camp are tax deductible. The City Attorney said nothing needs to be established. Gifts to the City for a public purpose are tax deductible. Hugh Swift said he strongly supports acquisition of Camp Soule. Pam Marks went to the State and obtained the grant. He knew of commitments of $0.5-million. He said the Boy Scouts are not allowed to earmark contributions for Camp Soule. Anna Houser said scouting is important in Pinellas County. Losing Camp Soule would be detrimental to the City. The group will be able to raise part of the funds required for the match. She felt an agreement could be reached. Dan Lehan was part of the group that applied for the grant. He said many people have expressed an interest in helping raise funds once the particulars regarding how it will be run are worked out. Kathy Jerkins, a fund-raiser, said the area is pristine and represents one of the last camping areas in this area. She said the group has been promised contributions of approximately $0.5-million. The Mayor said she was not against purchasing the property but was concerned about the details. The City Manager said if the City Commission approves this agreement, the City Manager will be the primary contact person. The City will have to immediately start preparing a management plan. She expressed concerns staff will not have time or the expertise to complete the plan and required studies. She questioned if the City Commission would allow management to spend the money necessary to complete the next step. Commissioner Clark questioned the cost. The City Manager estimated $50,000 would cover the cost of most elements of the management plan but would not include future expenses. It was suggested the FCT may be willing to help with negotiations and fund the study. Commissioner Thomas noted the grant was prepared by volunteers. He recommended continuing to tap into volunteer help. The City Attorney said staff has asked volunteer help with the acquisition. She did not think the volunteers had raised any funds to cover the cost of the study. Commissioner Thomas recommended approval include a maximum. The City Attorney said the City Manager will sign necessary documents and will also be the project manager. Commissioner Johnson said he had been a Boy Scout and supports scouting. He expressed concern regarding unknown issues. Commissioner Thomas moved to approve agreement between the FCT (Florida Community Trust), an agency within the FDCA (Florida Department of Community Affairs), and the City describing activities to be conducted prior to and subsequent to acquisition of Camp Soule and that the appropriate officials be authorized to execute same. The motion was duly seconded. Commissioners Berfield, Thomas, Clark and Mayor Garvey voted "Aye"; Commissioner Johnson voted "Nay." Motion carried. Commissioner Thomas moved to authorize the City Manager to spend up to $50,000 for development of a management plan. The motion was duly seconded and carried unanimously. The City Attorney said the final agreement with FCT may differ slightly from the draft. Commissioner Thomas moved to authorize the City Attorney to make minor, inconsequential changes to the agreement. The motion was duly seconded and carried unanimously. ITEM #50 - First Quarter Budget (CM) Budget Director Tina Wilson said the First Quarter Budget Review covers three months' activity, October 1995 to December 1995. General Fund revenue and expenditure amendments totaling $2,498,938 entirely represent the appropriation of prior year retained earnings to fund Capital Projects and several small operating projects. All other amendments have previously been approved by the City Commission with the exception of: 1) $16,400 reappropriation of FY (Fiscal Year) 1994/95 budgeted funds for the purchase of collapsible batons for the Police Department and 2) transfer of $600,000 representing the reappropriation of Bridge Fund cash closed to the General Fund at year end 1995 audit to the Clearwater Pass Bridge construction project to close this project. Other projects include the appropriation of funds for the concession and pavilion at Big Pier 60 ($1,037,463), funding of the Chamber Property ($405,250), Municipal Services Technology project ($305,250), Chicago promotion effort ($75,000), Payroll/Human Resource System project ($25,932), Florida Trend supplement ($35,000); and Confetti Company in support of downtown events ($10,000). General Fund Surplus remains at $9,424,875, which is 14% of the total General Fund expenditure budget and well within the City Commission's 10% reserve policy. Besides the amendments mentioned above, program amendments include the establishment of the Office of Tourism Development and the Office of Organizational and Employee Development. Amendments include: 1) Water & Sewer Fund - $70,490 - demolition of Utilities Building on Chestnut Street; 2) Gas Fund - $1,941,513 - Pasco Gas expansion projects until Pasco Gas Bonds are issued later this fiscal year. includes $13,640 for demolition of Utilities Building; 3) Solid Waste Fund - $23,880 - demolition of Utilities Building; 4) Stormwater Utility Fund - $1,140 - demolition of Utilities Building; 5) Recycling Fund - ($23,940) - decrease in anticipated revenues for the sale of recyclables; 6) Parking - $140,276 - parking feasibility study on the beach - $65,176 and Chicago promotion marketing effort - $75,000; 7) Pier 60 - $9,070 - security system for inventory control and safety purposes; 8) Internal Services Funds - $196,046 - debt service payments on the new telecommunications system for the Municipal Services Complex and City Hall. No budget amendments are proposed for the Pier 60 or Harborview Center Funds. Amendments to the Capital Improvement program total a net increase of $2,286,873. Significant Capital project budget amendments provided by City Commission action include: 1) funding for the State Environmental report for the Memorial Causeway Bridge, 2) construction of the pavilion, concession building and playground at Big Pier 60, 3) the Chamber of Commerce property, 4) the Chicago promotional program, 5) the Chestnut/Brown demolition, 6) the Urban Contamination Assessment study, 7) cabling for the new Municipal Services Complex, and 8) numerous projects for the Pasco gas expansion efforts. Significant project amendments not previously approved by the Commission include the establishment of the Sand Key City Park project - $300,000. Project funded in FY 1996/97 under current Capital Improvement program, but brought forward due to citizen concerns for beach renourishment. Also, $600,000 of General Fund revenues representing Bridge Fund assets closed to the General Funding during the 1994/95 year end audit are transferred to the Clearwater Pass Bridge Construction project now that this project is complete and the formal loan of $1,360,700 from the Central Insurance Fund representing Penny for Pinellas infrastructure tax funding is presented for final approval. Commissioner Johnson moved to approve the 1995/96 First Quarter Budget Amendments. The motion was duly seconded and carried unanimously. a) First Reading Ord. #6003-96 - Amending the Operating Budget for Fiscal Year ending 09/30/96 The City Attorney presented Ordinance #6003-96 for first reading and read it by title only. Commissioner Berfield moved to pass Ordinance #6003-96 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Thomas, Johnson, Clark and Garvey. "Nays": None. b) First Reading Ord. #6004-96 - Amending the Capital Improvement Program Report and Budget for Fiscal Year ending 09/30/96 The City Attorney presented Ordinance #6004-96 for first reading and read it by title only. Commissioner Johnson moved to pass Ordinance #6004-96 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Thomas, Johnson, Clark and Garvey. "Nays": None. ITEM #51 - Airport Authority - 1 appointment (CLK) Commissioner Clark moved to appoint Chuck Kilbride. The motion was duly seconded and carried unanimously. ITEM #52 - Development Code Adjustment Board - 1 appointment (CLK) Commissioner Clark moved to continue the appointment of a member for the Development Code Adjustment Board until March 21, 1996. The motion was duly seconded and carried unanimously. ITEM #53 - Library Board - 1 appointment (CLK) Commissioner Johnson moved to appoint Edward Nichols. The motion was duly seconded and carried unanimously. ITEM #54 - C-view Task Force - 1 appointment (CLK) Commissioner Clark moved to appoint Deanna Bennett. The motion was duly seconded and carried unanimously. ITEM #55 - Other Pending Matters - None. CITY ATTORNEY REPORTS ITEM #56 - First Reading Ordinances a) Ord. #6002-96 - requiring lobbyists to register and providing for annual reporting of expenditures The City Attorney presented Ordinance #6002-96 for first reading and read it by title only. Commissioner Thomas moved to pass Ordinance #6002-96 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Thomas, Johnson, Clark and Garvey. "Nays": None. b) Ord. #6006-96 - Amending franchise agreement with Time Warner Entertainment-Advance/Newhouse Partnership to extend the term of the franchise for a period of 3 months, ending 05/01/96 The City Attorney said it appears the City is close to resolving negotiations. Pending legislation had slowed the process. An ordinance regarding a GTE cable franchise will be brought forward soon. She indicated this is the third Time Warner extension. The City Attorney presented Ordinance #6006-96 for first reading and read it by title only. Commissioner Clark moved to pass Ordinance #6006-96 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Thomas, Johnson, Clark and Garvey. "Nays": None. ITEM #57 - Resolutions a) Res. #96-21 - Supporting the establishment of a regional organization of local governments and Chambers of Commerce within the coastal region extending from Tarpon Springs on the North to Naples on the South for the purpose of pursuing and developing solutions to avoid red tide and the impacts of red tide within our region The City Attorney presented Resolution #96-21 and read it by title only. Commissioner Clark moved to pass and adopt Resolution #96-21 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Thomas, Johnson, Clark and Garvey "Nays": None. ITEM #58 - Other City Attorney Items - None. ITEM #59 - City Manager Verbal Reports US 19N Meeting on March 15, 1996 The City Manager referred to a letter from State Senator Jack Latvala which indicated a meeting regarding plans for US 19N upgrades will be held on March 15, 1996, at Dunedin City Hall. The Mayor recommended staff make a presentation addressing City concerns. Mr. Baier said a letter is being prepared, detailing City proposals for US 19N intersections in Clearwater. The City Manager said staff will note City Commission concerns and bring back information. Commissioner Clark stated he will attend. Re: Memorial Causeway discussion on March 21, 1996 The City Manager noted concern had been expressed that the City Commission may need to address the Charter requirement regarding non-budgeted items for the construction of a new Memorial Causeway bridge. As this project is included in the Capital Improvement budget, two public hearings are not required. She recommended publishing a special advertisement regarding this item inviting public comment. Concern was expressed regarding where this item would appear on the next agenda. It was suggested the Public Hearings are reviewed at Work Session to determine if a special ordering of items should occur. ITEM #60 - Other Commission Action Commissioner Clark reported recent traffic difficulties related to curbing work on Memorial Causeway indicate serious problems will be created by the proposed repairs to the bridge. Commissioner Clark questioned the status of the Pinellas Trail in Clearwater. The City Attorney reported receiving a draft agreement from Pinellas County. The issue will be addressed on the next agenda. Commissioner Thomas questioned if Clearwater Country Club was in litigation with the City. The City Attorney reported it is Countryside Country Club, not Clearwater. Mayor Garvey thanked all volunteers and sponsors of Paint Your Heart Out held on March 3, 1996. She offered special thanks to Kim Stadler, the coordinator, and the sponsors. Mayor Garvey announced the Downtown Marketplace will be held this Saturday. Fresh fruits and vegetables are offered. Mayor Garvey reminded citizens to vote on March 12, 1996. She thanked staff for providing residents with an explanation of the ballot question. Commissioner Berfield noted the ballot question does not permit the City Commission to change recreation/open space designations. The City Attorney agreed. The Mayor said the change is required to extend leases for Jack Russell Stadium and Little League fields. The City Manager noted golf courses also are affected. If the question fails, the City would have to operate them. The Mayor said the change would simplify running the government. ITEM #61 - Adjournment The meeting adjourned at 10:22 p.m.