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01/09/1997 CITY COMMISSION MEETING CITY OF CLEARWATER January 9, 1997 Present: Rita Garvey Mayor/Commissioner J. B. Johnson Vice-Mayor/Commissioner Robert Clark Commissioner Ed Hooper Commissioner Karen Seel Commissioner Elizabeth M. Deptula City Manager Kathy S. Rice Deputy City Manager Bob Keller 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 the Pinellas County Commission Assembly Room, Courthouse. The invocation was offered by Reverend Bill Anderson of Calvary Baptist Church. 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 - None. ITEM #4 - Introductions and Awards Proclamations: Miniature Arts Month - January 1997 100th Year Celebration - Belleview Mido Hotel - 1997 1996 Turkey Trot Awards Steve Palladian from Curlew Creek Elementary won the logo competition. The Engineering Department was presented the “Stuffed Turkey Award” for the largest percentage of departmental employee participation and the “Iron Turkey Award” for the most miles run. Skip Rogers and Bob Henderson thanked the City for its support and presented a $5,000 check to the Youth Track Team. ITEM #5 - Presentations a) Bordner Report Diane Bordner reviewed the Business Research Report. She explained the survey was designed to identify business owner perceptions and to determine ways to improve services. Focus groups of community business leaders and business owners in the City were held. Separate quantitative surveys were given to those who owned new businesses and those who owned established businesses in the City. Dr. Bordner said, according to research, businesses locate in Clearwater primarily because it is a nice place to live. Regarding economic development, most business owners do not think the City is proactive. They feel Clearwater lags behind other local cities and lacks a pro-business leadership. Concerns were expressed regarding fighting among factions. They recommended the City participate in regional economic development, be more business friendly, renovate downtown and Clearwater beach, and modify rules and regulations to be less restrictive. Dr. Bordner reviewed perceptions of City staff. The survey indicated people want staff to be more customer friendly, less driven by rules and regulations, better educated regarding City code, and more courteous and respectful. She said business owners agree codes and regulations are necessary but expressed frustration that the rationale behind restrictions is not always apparent. Dr. Bordner reported 70% of new business owners surveyed entered the process of opening a business in the City without full knowledge of what to expect. Many felt City processes are slow and cumbersome and burdened by too many rules and regulations. They indicated compliance is often costly in time and money and felt staff does not appreciate how costly delays can be. Concern was expressed regarding occasions when staff interpretation of code changed during the process or was inconsistent among staff members. She noted a perception that no one seems to be in charge of the process. Dr. Bordner stated these problems are not unique to Clearwater. She reported 69% of new business owners surveyed were satisfied with City services. One-third of survey participants indicated they would not remain in the City if they expand their businesses. She recommended the City: 1) instill customer service orientation in employees; 2) review all City codes, rules, and regulations; 3) streamline the permitting process; 4) instruct each department to review procedures relating to businesses; and 5) provide a mechanism to foster open and direct communication between City leaders and businesses. The City Manager expressed concern the survey results were not more positive. She felt some reported perceptions were based on previous practices before recent streamlining was instituted. The report provides the City a baseline to rate improvements. Consensus was to conduct a follow-up survey in 1999. ITEM #6 - Approval of Minutes Commissioner Hooper moved to approve the minutes of the regular meeting of December 5, 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 Jay Keyes, President of the Clearwater Beach Association; Anne Garris, Gerry Huskins & John Doran requested a staffed Welcome Center on Clearwater beach as soon as possible. .ITEM #8 - Public Hearing & First Reading Ords. #6112-97 & #6113-97 - Annexation & IL Zoning for property located at 2121 Calumet St., Clearwater Industrial Park, part of Lot 17 together with abutting r-o-w of Calumet St. (Buettner & Kinkead, A96-28) The applicant has requested annexation and zoning of Limited Industrial (IL) for 2121 Calumet Street to obtain sewer service. On December 17, 1996, the Planning & Zoning Board unanimously endorsed the request. Commissioner Clark moved to approve the Petition for Annexation and Zoning Atlas Amendment to Limited Industrial (IL) for Clearwater Industrial Park, part of Lot 17, together with the abutting right-of-way of Calumet Street and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6112-97 for first reading and read it by title only. Commissioner Hooper moved to pass Ordinance #6112-97 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Seel and Garvey. "Nays": None. The City Attorney presented Ordinance #6113-97 for first reading and read it by title only. Commissioner Johnson moved to pass Ordinance #6113-97 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Seel and Garvey. "Nays": None. ITEM #9 - Public Hearing & First Reading Ords. #6114-97 & #6115-97 - Annexation & IL Zoning for property located at 1310 N. Hercules Ave. & 1965, 1979 & 1985 Carroll St., Hercules Industrial Park, Lots 33-35, 37-39 and part of Tract A Replat of Blks 1-19, Marymont Sub., with abutting vacated r-o-w of Overlea St. (Walker / Word / Metal Industries, Inc., A96-29) The applicant has requested annexation and zoning of Limited Industrial (IL) for 1310 N. Hercules Avenue and 1965, 1979, & 1985 Carroll Street to obtain sewer service. On December 17, 1996, the Planning & Zoning Board unanimously endorsed the request. Harold Loy, representative, requested the property be annexed. Commissioner Hooper moved to approve the Petition for Annexation and Zoning Atlas Amendment to Limited Industrial (IL) for Lots 33-35 and 37-39 Hercules Industrial Park, and the East 500 feet of the North 300 feet of Tract A Replat of Blocks 1-19, Marymont Subdivision, together with the abutting vacated right-of-way of Overlea Street and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6114-97 for first reading and read it by title only. Commissioner Seel moved to pass Ordinance #6114-97 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Seel and Garvey. "Nays": None. The City Attorney presented Ordinance #6115-97 for first reading and read it by title only. Commissioner Hooper moved to pass Ordinance #6115-97 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Seel and Garvey. "Nays": None. Public Hearing - Second Reading Ordinances ITEM #10 - Ord. #6106-96 - Amending Sec. 35.11 & various sections in Ch 40 to define Public Education Facilities (PEF) and to allow PEF as a permitted use in certain districts The City Attorney presented Ordinance #6106-96 for second reading and read it by title only. Commissioner Hooper moved to pass and adopt Ordinance #6106-96 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Seel and Garvey. "Nays": None. CITY MANAGER REPORTS CONSENT AGENDA (Items #11-29) - Approved as less first entry under #22. ITEM #11 - Contract to purchase a vacant parcel, south ½ of Lot 31, Palm Park (Addition to Clearwater) in the amount of up to $35,000 from Ramon Curtis, et al plus expenses for a total of $38,975 (ED) ITEM #12 - Contract to purchase real estate located at Woodlawn Street, Harvey Park, Blk B, Lots 1 - 12, in the amount of $80,000 from Robert A. Binder, et al plus expenses for a total of $83,865 (ED) ITEM #13 - Acquisition of real estate for future economic development located at 1006, 1008 and 1010 Garden Avenue, J.J. Eldridge Sub, Blk C, part of Lots 27-29, from AmSouth Bank and payments of assessments and back taxes for a total of $1,062.73 (ED) ITEM #14 - Agreement with Anthem Life Insurance Company; accept $444,449 refund plus interest from Anthem Health / Gulf Life Policy #5437 and deposit such funds in Premium Stabilization account in the Self Insurance Fund (FN) ITEM #15 - Approve $163,075.27 payment for wage loss benefits (including principal, penalties & interest) to Thomas Pearson for the period 07/14/89 -03/24/96 (FN) ITEM #16 - Authorize City staff to refuse settlement offer of $36,888 from International Surplus Lines Insurance Company for a complete release of any reimbursements due the City under policy #GP-57192, for workers’ compensation benefits paid or to be paid hereafter to Charles Kimball (FN) ITEM #17 - Approve $23,000 payment to William Yanger, Jr., Attorney, for fee for all workers’ compensation benefits he obtained for his client, Charles Kimball (FN) ITEM #18 - Ratify and confirm contract for managed care services for City employees suffering job-connected injuries covered by workers’ compensation as needed by the City to CorVel Corp., for an amount now estimated to be less than $25,000 annually (FN) ITEM #19 - Lease Agreement with Thomas C. & Patricia A. Wolkowsky d/b/a Marina Restaurant, for the period 01/09/97 -01/08/02, plus 10% of yearly gross sales exceeding $200,000 with an additional 5 year option, with 5% increase in 2002 (MR) ITEM #20 - Agreement with Countryside Little League, Inc. allowing the League to construct an equipment storage, umpire and batting machine building at Countryside Community Park (PR) ITEM #21 - C.O.#1 to Stevenson’s Creek Channel Improvements Phase 2 Contract to Kamminga and Roodvoets, Inc., Tampa, FL, increasing the amount by $84,040.83 for new total of $3,864,650.83; and approve time extension of 10 days (EN) ITEM #22 - Approval of Purchases per 12/30/96 memorandum (Not separate agenda items): Maintenance of Xerox 5090 high speed copier to Xerox Corp., 02/01/97 -01/31/98, estimated $37,032.48 (IM) - PULLED Network equipment & software from BCD Computer Distributors, Inc., for $72,579; desktop computers & related components from Dell Computer Corp., for $13,774; lease purchased under City’s Master Lease Purchase Agreement in the amount $65,623 (Dell - $13,774 and BCD $51,849), balance of $20,730 paid in cash (IM) C.O.#1 to Agreement with Pinellas County to relocate natural gas mains during improvements to Drew Street, between Hercules Ave. & US 19N, increasing estimated labor cost caused by Pinellas County’s re-bid of the 3 year old project, by $16,265.70, for new estimated total $103,265.70 (GAS) Two 1997 Ford Crown Victoria Police Interceptor automobiles from Duval Ford, for $42,830 (PD) House Service Relocation for Water Main Contract - Phase 14 to McGill Plumbing, for estimated $264,1155 (EN) Tennis court lighting for the McMullen Park Tennis Complex to M. Gay Constructors, Inc., for $64,850 (PR) 1997 Street Resurfacing to Golden Triangle Asphalt Paving Company, for estimated $1,091,143 (EN) Extension for Residential Gas Meter Change Out Program throughout Pinellas County service area, to West Coast Plumbing, Inc., 01/22/97 -01/21/98, estimated $48,400 (GAS) ITEM #23 - Authorization to negotiate with Demetre Loulourgas to prepare a development agreement for Marymont Replat, part of Tracts A & B (CM) ITEM #24 - Interlocal Agreement with Pinellas County School Board for Public Educational Facility Siting in Pinellas County (CA) ITEM #25 - Public Access Easement - on Sand Key (Dan’s Island 1600 Condominium Association) (CA) ITEM #26 - Sanitary Sewer Easement - Clearwater Industrial Park, part of Lot 6 (Morgan Tire and Auto, Inc. d/b/a Don Olson Tire & Auto Centers) (CA) ITEM #27 - Sanitary Sewer Easement - Clearwater Industrial Park, part of Lot 7 (Morgan Tire and Auto, Inc. d/b/a Don Olson Tire & Auto Centers) (CA) ITEM #28 - Sanitary Sewer Easement - Clearwater Industrial Park, part of Lot 7 (Patricia B. Morgan, as Trustee of the Morgan Land Trust I dated 1/1/92) (CA) ITEM #29 - Deny request of Port Richey to defend it in a lawsuit styled A & L Underground, Inc. v. City of Port Richey (CA) Commissioner Hooper moved to approve the Consent Agenda as submitted less first entry under #22 (Xerox), which was pulled, 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 #30 - Res. #97-01 - naming City property located at 1551 Gulf Blvd. as “Bay Park on Sand Key” (PR) A contract recently was awarded to develop City owned property at 1551 Gulf Boulevard as a park with two tennis courts, playground apparatus, pedestrian trail, and parking facilities to support beach renourishment requirements. On August 15, 1996, the City Commission denied approval of the SKCA (Sand Key Civic Association) recommended name, “Pelican Bay Park” and referred it back to the Parks & Recreation Board. The SKCA submitted a Proposal for Park Name, suggesting “Bay Park on Sand Key.” On November 25, 1996, the Parks & Recreation Board approved the recommendation. Commissioner Johnson moved to approve the Parks & Recreation Board recommendation to name City property located at 1551 Gulf Boulevard “Bay Park on Sand Key.” The motion was duly seconded and carried unanimously. The City Attorney presented Resolution #97- 01 and read it by title only. Commissioner Johnson moved to pass and adopt Resolution #97-01 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Seel and Garvey. "Nays": None. ITEM #31 - First Reading Ord. #6109-97 - adopting 1992 Edition of the Fire Prevention Code of the National Fire Protection Association, NFPA-1 (FD) Florida Statue, Chapter 633, mandates the City adopt and enforce minimum fire safety standards. The 1987 Edition of the NFPA-1 (National Fire Protection Association) is current code. Staff reviewed the 1992 edition of the NFPA-1 to verify consistency with City goals and objectives. Existing amendments in Section 17.33 of City Codes are continued in this Ordinance. Language regarding Fire Lanes was modified for clarity. Sections regarding fire sprinklers in existing buildings in the 1992 NFPA-1 were deleted to conform with Pinellas County Construction Licensing Board actions. Approval will bring the City into consistency with the Pinellas County Fire Authority which has adopted this Code, thereby applying uniform fire safety standards throughout the Clearwater Fire District. Commissioner Hooper moved to approve the 1992 Edition of the Fire Prevention Code of the National Fire Protection Association, NFPA-1 with certain amendments. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6109-97 for first reading and read it by title only. Commissioner Hooper moved to pass Ordinance #6109-97 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Seel and Garvey. "Nays": None. ITEM #32 - Res. #97-05 - authorizing certain Clearwater Gas System officials to sign applications for FDOT permits (GAS) Many CGS (Clearwater Gas System) projects in Pinellas and Pasco counties are in FDOT (Florida Department of Transportation) rights-of-way requiring FDOT permitting. Projects include gas main and service line installations, gas main relocation, road crossings, etc. The approximately 75 FDOT permit applications prepared annually by CGS require appropriate authorization on behalf of the City. This resolution and the associated FDOT “Certificate of Incumbency and Authority” will allow appropriate CGS management personnel to process FDOT permit applications on behalf of the City promptly. Commissioner Clark moved to authorize the Clearwater Gas System Managing Director, Manager of Gas Operations/Pinellas, and Manager of Gas Operations/Pasco to sign permit applications submitted to Florida Department of Transportation, and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. The City Attorney presented Resolution #97- 05 and read it by title only. Commissioner Johnson moved to pass and adopt Resolution #97-05 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Seel and Garvey. "Nays": None. ITEM #33 - First Reading Ord. # 6122-97 - Amending Sec. 22.24 to extend City Manager’s powers to regulate the time, place and manner in which park property is used by the public; amending Sec. 22.40 to restrict areas where dogs and other pets will be permitted (PR) Currently, if a health, safety, or welfare problem exists in a park, signs addressing the issue must be posted before Police Officers can take appropriate action. However, an ordinance must specifically prohibit the problem before enforcement can occur. For example, it might be prudent to prohibit dogs from Sand Key Bridge Park, a popular sunbathing area but current code allows leashed dogs in City parks. Under this proposal, the City Manager would have the flexibility to post appropriate signs that would have the effect of law and could be enforced by Police Officers. The ordinance is not proposed to increase signage but to regulate activities when health, safety, and welfare concerns exist. Section 22.40 (4), relating to animals that provide assistance to disabled persons, is amended to incorporate ADA (Americans with Disabilities Act) standards. The City Manager said the ordinance allows the City Manager to outlaw certain behaviors. Problems have been reported at the park adjacent to the new Clearwater Pass Bridge. Although many use this area to sunbathe, it technically is a park and dogs on leashes currently cannot be banned. It was indicated implementation is being considered for that park and street ends adjacent to beaches on Clearwater beach. The City Attorney indicated dogs are not allowed on City beaches. It was noted the proposed restrictions do not apply to seeing eye dogs, etc. It was suggested the City could identify an area for dogs. Anne Garris supported the proposal if it will address problems of unleashed dogs and owners that do not clean up after their pets. Pat Page said everyone should not be punished because a few pet owners do not take care of their animals. Parks & Recreation Director Ream Wilson said the Police Department had contacted him regarding this issue as they cannot enforce signs prohibiting dogs if the code allows dogs’ presence. The ordinance is intended to address all public health & welfare hazards with enforceable solutions not just dogs. In response to a question, Mr. Wilson recommended a warning be given those who do not comply with the signs. He will report on proposed penalties and regulating re pets in the County’s Sand Key Park. He said the street ends are a problem because people allow their dogs to relieve themselves there. It was stated the Bordner Study presented tonight reported on local concerns that the City has too many regulations. It was felt public hearings should be held before dogs can be banned from any City park. Commissioner Hooper moved to approve extending the City Manager’s powers to regulate the time, place, and manner in which parks are used; and amending Section 22.40 of the Code of Ordinances to restrict the areas where dogs and other pets will be permitted. The motion was duly seconded. Commissioner Hooper reserved his right to change his mind at second hearing. Upon the vote being taken, the motion carried unanimously. The City Attorney presented Ordinance #6122-97 for first reading and read it by title only. Commissioner Hooper moved to pass Ordinance #6122-97 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, and Garvey. "Nays": Seel. Motion carried. ITEM #34 - First Reading Ord. #6117-97 -providing a rate structure to operate in the roll off business in competition with private companies and approves the FY 1996/97 investment of approximately $235,400 in additional containers and compactors to support enterprise (SW) The majority of the City Commission approved CSW (Clearwater Solid Waste Department) providing roll-off service in Clearwater and unincorporated Pinellas County in competition with private hauling companies. This ordinance provides a “level playing field.” CSW will charge a 15% surcharge as required of private hauling companies permitted to provide roll-off services in Clearwater. Private hauling companies will apply to the City Manager for roll-off permits. Commissioner Johnson moved to approve a rate structure for the Solid Waste Department to operate in the roll-off business in competition with private solid waste companies which includes leasing, servicing compactors and open-top containers, and approve the FY (fiscal year) 1996/97 investment of approximately $235,400 in additional containers and compactors to support the enterprise, and that the appropriate officials be authorized to execute same. The motion was duly seconded. Commissioner Johnson said his concerns were addressed during many visits to CSW. He felt the department can compete successfully with private firms. Commissioner Hooper felt equal footing now exists. He met with all interested parties. None of the 6 companies providing roll-off service in Clearwater is within City limits. He decided to support the issue at today’s FRC (Fiscal Review Committee) meeting. He felt the City will benefit immensely. He agreed a price war may occur. He said the City’s biggest customer applauds the City’s service even though the City’s fee is $3 higher than the competition. He indicated CSW had received a large and positive response to a service quality questionnaire. He said the Budget Director had indicated residential rates would increase if this proposal is not approved and that rates may not increase for almost 3 years if this proposal is instituted. Commissioner Clark opposed the proposal for economic and philosophical reasons. He said the plan is ambitious and places $4-million in taxpayer funds at risk. He said CSW cannot meet their pro forma if a price war occurs. He noted CSW charges are high in comparison with local municipalities. He indicated CSW must achieve their pro forma projection to maintain current rates. He noted the customer base is limited and expressed concern CSW will not reach their goal. Commissioner Seel said she also attended the FRC meeting. She said although other CSW services will offset roll-off garage and administrative costs, she pointed out Pinellas and Hillsborough counties now are bidding this type of service contractually. She stated a rate study has not been done and a delay in rate increases cannot be guaranteed. Mayor Garvey felt a “level playing field” exists. She said City charges reflect valuable services other cities do not provide, such as removal of rubbish placed curbside. Upon the vote being taken, Commissioners Johnson and Hooper and Mayor Garvey voted “Aye”; Commissioners Clark and Seel voted “Nay.” Motion carried. The City Attorney presented Ordinance #6117-97 for first reading and read it by title only. Commissioner Hooper moved to pass Ordinance #6117-97 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Hooper, and Garvey. "Nays": Clark and Seel. Motion carried. ITEM #35 - First Reading Ord. #6118-97 - Creating Secs. 22.88-22.91 to provide for alcoholic beverage special event permits and to provide a permitting procedure for issuance of such permits upon certain conditions; amending Secs. 6.31 & 22.59 to exempt such permitted sales and consumption from certain prohibitions (TR) Historically, Clearwater has not permitted the sale and/or consumption of alcohol at public special events. In recent years, business and residential interest has been building to amend ordinances that prohibit such activities. Staff researched communities that allow the sale and consumption of alcohol during public events regarding: 1) permitting processes; 2) consequences; 3) geographic restrictions; 4) extent of city involvement; 5) insurance and license requirements; 6) fees and revenues from alcohol sales; 7) restrictions on permitted containers, etc.; and 8) security issues. Staff recommends: 1) permitting the sale and/or consumption of alcohol at public special events in support of the City goal to increase tourism and mission to foster a festive environment for citizens; 2) base permitting on strict adherence to established criteria; 3) direct the Special Events Committee, comprised of, but not limited to, City department representatives from Parks & Recreation, Engineering, Central Permitting, Tourism, Legal, Risk Management, Finance, Marina, etc., to approve the permitting process; and 4) permit the sale and/or consumption of alcohol only at City sponsored or co-sponsored special events. The ordinance allows the sale and consumption of alcohol to be confined to designated areas and provides designated non-alcohol areas. The City Manager said the proposal only would permit alcohol sales at Special Events co-sponsored by the City and approved by the City Commission. Procedures will require a great deal of control and Police Department input. She felt the proposal will be good for Clearwater. Bill Anderson, Herbert Dudley, James Mott, William Stephan, Anne Garris, Dwayne Fulton, Stephen Genes, and Sandy Golden spoke in opposition, stating the proliferation of alcohol use is detrimental to the community, extra police controls will be needed, damages will be greater than revenues, drunk drivers cause fatalities and accidents, underage drinking will occur, serving alcohol is not compatible with family-oriented activities the Clearwater Jazz Festival already is successful, liability risks will occur, alcoholism will result, and people will commit crimes while under the influence of alcohol. Deborah Kines, representing Clearwater Jazz Holiday, Julie Nichols representing the Pro Volleyball Hall of Fame, Steve Fowler representing the Greater Clearwater Chamber of Commerce, Gerry Huskins representing the Clearwater Beach Chamber of Commerce, and Roger Woodruf representing the Downtown Development Board spoke in support stating alcohol will be sold under controlled conditions, competition to attract corporate sponsors for large events has increased many events carry beer sponsorship, neighboring municipalities successfully serve alcohol at special events, the ordinance is well written with adequate curbs, tourism will benefit, a “level playing field” with other tourist destinations will be provided, and the ordinance can be rescinded if problems occur. In response to a question, the City Manager said procedures will identify measures to prohibit underage consumption of alcoholic beverages. The City Attorney said since this item was discussed at Monday’s Work Session, language was dropped that required organizations permitted to serve alcohol at special events to be tax-exempt. State law only requires these organizations be non profit. Commissioner Johnson disagreed this change will foster tourism. He felt the City, as a matter of principal, should not sponsor any events where alcohol is served. He said monitoring will be too difficult and people could purchase alcoholic beverages for underage drinkers. He did not feel the revenues would be worthwhile and opposed permitting alcohol sales at family oriented parks. He expressed concerns regarding the number of accidents related to alcohol use. Commissioner Hooper said he respected the convictions of those who oppose the proposal. In 28 years as a firefighter, he witnessed dreadful vehicular accidents. He felt safeguards will be satisfactory. He noted alcoholic beverages are served at City owned facilities such as the Harborview Center and Jack Russell Stadium. He said he had considered his position carefully. Commissioner Clark felt it is folly to try to legislate morality or temperance. He supports proposed controls. He said current language regarding a designated family section where alcoholic beverages are prohibited must be strengthened before he will support this issue. Commissioner Seel said she represents the entire community. She said she has been involved with non-profit organizations for years and has never seen a problem at non-profit sponsored events where alcohol is served. She said strict standards are in place. She supported the requirement for a family area. If the ordinance passes, she requested a specific review after each event. Mayor Garvey said special events attract visitors. She noted many families in Clearwater serve alcoholic beverages in their homes when their children are present. The City Attorney said adding language regarding a family area is not a major change and could be made before second reading. It was noted a specific non-alcoholic area may be difficult at “walking” events such as an art show. It was requested that language provide a designated non-alcohol area at events where participants “sit.” Consensus was for language to be drafted requiring a non-alcohol area for seated events before second reading. Commissioner Hooper moved to approve the sales and consumption of certain alcoholic beverages during special events; creating code of ordinances sections 22.88 through 22.91 to provide for alcoholic beverage special event permits and to provide a permitting procedure for the issuance of such permits upon certain conditions; amending sections 6.31 and 22.59 to exempt permitted sales and consumption from certain prohibitions. The motion was duly seconded. Commissioners Hooper and Seel and Mayor Garvey voted “Aye”; Commissioners Johnson and Clark voted “Nay.” Motion carried. The City Attorney presented Ordinance #6118-97 for first reading and read it by title only. Commissioner Hooper moved to pass Ordinance #6118-97 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Hooper, Seel and Garvey. "Nays": Johnson and Clark. Motion carried. The Commissioner recessed from 8:30 to 8:49 p.m. ITEM #36 - US 19 Design Study - SR 60 to Enterprise Road Engineering Director Rich Baier reviewed the US 19 Design Study SR 60 to Enterprise Road presented to the MPO (Metropolitan Planning Organization) on December 11, 1996. The State currently owns a 200-foot right-of-way along US 19. The State was concerned regarding the high cost of obtaining the additional 65 feet of right-of-way needed to construct standard, limited access interchanges. Seven alternatives were presented for constructing interchanges within existing State owned land by narrowing lanes. The alternatives were designed to maximize capacity on US 19 and minimize expenses. The project will be divided into two phases for study: 1) South of SR 60 to CSX Railroad and 2) from CSX Railroad to North of Enterprise Road. He reported alternatives featuring a double decker road most likely will be dropped from consideration due to the high cost of constructing that design. Mr. Baier pointed out several alternatives restrict access to US 19 from major East-West City roads. The importance of accessing US 19 from Seville Blvd., SR 60 (Gulf-to-Bay Boulevard), and Drew Street was noted. Mr. Baier recommended the City Commission contact FDOT (Florida Department of Transportation) regarding their concerns and identify which alternatives they support. He said Alternative 4 & 5 will limit access from important East-West roads. It was noted Alternative 1 & 3 differ in the placement of the frontage road. In response to a question, Mr. Baier said the State proposes to construct 11-foot lanes which are the minimum width he would recommend. He said 12-foot lanes are desirable. He will report on the width of lanes on US 19 at the Gulf-to-Bay Boulevard overpass. He will prepare letters to be sent to the MPO and FDOT indicating the City Commission’s concern that access by East-West roads be maintained. Mr. Baier reviewed FDOT’s five year plan for local road construction. It was noted the inclusion of Drew Street improvements on MPO’s priority list was based on City investment in the project. In response to a question, Mr. Baier said Clearwater Executive AirPark was listed because it will receive matching funds from FDOT. Mr. Baier will report on the status of the County widening its portion of Drew Street. Concern was expressed regarding the poor design of the US 19 interchange with Enterprise Road and Southbound access from Countryside Boulevard. Mr. Baier indicated these concerns can be included in the letter to FDOT. He suggested the City may want to hold FDOT to strict landscape requirements like other cities have done. He reported street signs will be lighted and easier to see. It was recommended landscaping requests be added tactfully. ITEM #37 - Other Pending Matters - None. CITY ATTORNEY REPORTS ITEM #38 - Resolutions a) Res. #97-02 - Demolition Lien - 1006 N. Greenwood Ave., I. A. Mason’s Sub. (Adult Comprehensive Protection Services) The City Attorney stated Item #38a has been pulled. b) Res. #97-03 - Demolition Lien - 1359 S. Ft. Harrison Ave., Belleair Sub., Blk 15, Lots 10 & 11 (Ceraolo) The City Attorney presented Resolution #97- 03 and read it by title only. Commissioner Clark moved to pass and adopt Resolution #97-03 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Seel and Garvey. "Nays": None. c) Res. #97-04 - Assessing property owners the costs of having mowed or cleared owners’ lots The City Attorney presented Resolution #97- 04 and read it by title only. Commissioner Hooper moved to pass and adopt Resolution #97-04 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Seel and Garvey. "Nays": None. ITEM #39 - Other City Attorney Items Amendment to Boston Concessions Group, Inc. Contract The City Attorney presented an amendment to the agreement with Boston Concessions for the City to accept Boston Concessions’ $100,000 interest-free advance as capital for the purchase of equipment to be owned by the City. Commissioner Johnson moved to approve the first amendment to the concession management agreement for the City Harborview Center with Boston Concessions Group, Inc., to accept Boston Concessions’ $100,000 interest-free advance and the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. ITEM #40 - City Manager Verbal Reports January 25, 1997, North Greenwood strategy meeting The City Manager announced a strategy meeting with several community groups to further develop the North Greenwood Task Team report is scheduled for January 25, 1997, at 1:00 p.m. at the Martin Luther King Center. January 13, 1997, Special Meeting The City Manager indicated a Special Meeting is scheduled for January 13, 1997, at 1:00 p.m. at the Harborview Center to choose a City Manager search firm. She distributed invitations from Harborview Center staff for the City Commission to tour the new catering kitchen and sample chef specialties at 12:00 noon. January 14, 1997, Alcoholic Beverage Appeal and Attorney/Client Session The City Manager said an Alcoholic Beverage Appeal was scheduled for January 14, 1997, at 9:00 a.m. at the Main Library. An attorney/client session regarding Peter Verhoeven versus the City is scheduled at 11:00 a.m. in the same building. The City Manager thanked Pinellas County staff for their assistance in holding City Commission meetings in the Pinellas County Assembly Room while City Hall undergoes renovations. ITEM #41 - Other Commission Action Commissioner Seel announced the PPC (Pinellas Planning Council) will begin review of the Annexation Issue. Commissioner Seel reported discussion at the Mayor’s Council included possible State action to rescind the City’s ability to collect franchise fees. She noted the Pinellas delegation is mixed on this issue. She reviewed County efforts regarding the upcoming referendum to continue the Penny for Pinellas tax. A PAC (Political Action Committee) has been formed. She reported an upcoming seminar will address tower sitings. Commissioner Seel questioned if a single community events calendar could be produced. Commissioner Johnson questioned what actions the City Commission should take regarding the letter from the Library Board Chair requesting removal of a member. Commissioner Hooper said he had a motion prepared to address that issue. Commissioner Johnson stated something needs to be done regarding the beach Welcome Center. The City Manager reported the Clearwater Beach Chamber of Commerce currently is providing visitor information. City staff who currently work at the Civic Center are directing visitors to the Chamber of Commerce offices. Commissioner Hooper moved to remove David E. Waddell from the Library Board. The motion was duly seconded. The City Attorney said according to the Charter, board members serve at the City Commission’s pleasure. Upon the vote being taken, the motion carried unanimously. Commissioner Hooper thanked Mayor Garvey and Harbormaster Bill Held for their response to Captain Alvin Stacey who has indicated he will return to the Marina. Commissioner Clark requested an update on the transition to the new Police Headquarters building. The City Manager reported the move is going smoothly. Commissioner Clark questioned if the City Commission had agreed to pursue construction of a parking garage at Pelican Walk. This issue will be discussed at the February 3, 1997, Work Session. Mayor Garvey rescinded her suggestion that PSTA attempt to locate buses designed to exhibit advertising. Mayor Garvey reported the January 21, 1997, Work Session is scheduled at the Countryside Recreation Center and the January 23, 1997, City Commission Meeting will be held in the Pinellas County Assembly Room. (Note: At the 1/13/97 Special Meeting it was decided to hold the 1/21/97 Worksession in the C-View Studio at the MSB) Mayor Garvey announced the Saturday Farmer’s Market operates from 8:00 a.m. to 1:00 p.m. ITEM #42 - Adjournment The meeting adjourned at 9:26 p.m.