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03/16/1989 CITY COMMISSION MEETING March 16, 1989 The City Commission of the City of Clearwater met in regular session at City Hall, Thursday, March 16, 1989 at 6:00 p.m., with the following members present: Rita Garvey Mayor/Commissioner James L. Berfield Vice-Mayor/Commissioner Lee Regulski Commissioner Don Winner Commissioner William Nunamaker Commissioner Also present: Ron H. Rabun City Manager M.A. Galbraith, Jr. City Attorney William C. Baker Public Works Director Paula Harvey Acting Planning & Development Director Cynthia E. Goudeau City Clerk The Mayor called the meeting to order and led the Pledge of Allegiance. In order to provide continuity for research, the items will be listed in agenda order although not necessarily discussed in that order. III - Introductions and Awards. Proclamations. Community Development Week - March 24-31, 1989. Victims' Rights Week - March 9-15, 1989. IV - Presentations Howard Groth, Chairman, Clearwater Housing Authority, presented a $10,000 check as payment in lieu of taxes for leased housing. V - Minutes of the Regular Meeting of March 2, l989. Commissioner Winner moved to approve the minutes of the regular meeting of March 2, 1989, as recorded and submitted in written summation by the City Clerk to each Commissioner. The motion was duly seconded and carried unanimously. VI - Citizens to be heard re items not on the Agenda - None. VII - Public Hearings Item #9 - Variance to the Separation Requirements for Sale of Alcoholic Beverages for Tio Pepe Restaurant located 2930 Gulf-to-Bay Blvd.; M&B 14-04 and 14-05, Sec. 17-29-16. (Milano/E & R Properties, Inc. - Jesus Esposito) AB 89-03, (PL&D) This request was received to permit alcoholic beverage sales within 31 feet of a residential zone at 2930 Gulf-to-Bay Blvd. The restaurant is undergoing remodeling as a result of the future widening of Gulf-to-Bay Blvd. which necessitated additional right-of-way requirements at this location. The actual expansion will provide a storage area on the west side of the existing structure. There will be no expansion of seating capacity of the restaurant as a result of this addition. Frank Milano, representing the applicant, requested approval of the request. Commissioner Nunamaker moved to approve a variance of 269 feet for Tio Pepe Restaurant to allow a 4-COP licensed facility within 31 feet of a residential zone. The motion was duly seconded and carried unanimously. Public Hearing - Second Reading Ordinances Item #10 - Ordinance 4727-88, Relating to the Land Development Code - amending Sec. 136.022(K) to require that all handicapped parking spaces shall be conspicuously outlined in blue paint as required by Florida law. The City Attorney presented Ordinance 4727-88 for second reading and read it by title only. Commissioner Regulski moved to pass and adopt Ordinance 4727-88 on second and final reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. "Nays": None. Item #11 - Ordinance 4739-88 - (Public Hearing cancelled due to amendment being denied at First Reading 3-2-89) Item #12 - Ordinance 4749-88, Relating to Site Plans, Subdivisions and Condominium Plats - amending Sections 133.004, 133.009, 133.010, 133.015, 133.025, 133.03, 136.022 and 137.010, and creating Sec. 133.0095 relating to preliminary plats, subdivision construction plan reviews, required improvements, and the form of financial guarantees for required improvements; authorizing the issuance of a building permit for one building following certification of a preliminary plat and certification of the final site plan, if required, except for townhouse developments; requiring the subdivider to bear the expense of required improvements, and prescribing the forms for financial guarantees for required improvements; providing that street design shall be in accordance with City standards; deleting a requirement for outdoor lighting; providing for the inclusion of refuse collection facilities in preliminary site plans. Commissioner Regulski moved to amend Ordinance 4749-88: 1) on page 5, Subsection (f) of Section 133.033, 3rd sentence is amended to read "It shall be drawn at a scale of one inch equals fifty (50) feet or other scale determined appropriate by the city engineer."; 2) on page 8, line 15 from the top, in the first sentence following Subparagraph i, show "and utilities director" in struck-through type in order to delete the phrase.; 3) on page 9, Subparagraph q, insert "and private" after "public." and 4) on page 9, Subparagraph r, insert "and as a percentage of the area of the overall site" at the end of the sentence. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance 4749-88 for second reading, as amended, and read it by title only. Commissioner Winner moved to pass and adopt Ordinance 4749-88, as amended, on second and final reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. "Nays": None. Item #13 - Ordinance 4750-88, Relating to the Land Development Code - amending Sec. 135.091 to provide that "business service" is a permitted use within General Office (OG) District. Commissioner Regulski moved to amend Ordinance 4750-88: 1) in the title, delete "Business Service" and substitute "Television or Radio Broadcasting Studios."; 2) in the first "whereas" clause, delete "transmission stations and" from the third line.; 3) delete the second "whereas" clause and 4) in Section 1, delete "Business service" and substitute "Television or radio broadcasting studios" in the new subsection (2). The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance 4750-88 for second reading, as amended, and read it by title only. Commissioner Winner moved to pass and adopt Ordinance 4750-88 on second and final reading, as amended. Motion was duly seconded. Upon roll call the vote was: "Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. "Nays": None. Item #14 - Ordinance 4774-89, Relating to the Land Development Code - amending Sec. 136.022(f)(4) relating to off-street parking space requirements for restaurants, taverns and other eating and drinking establishments, excluding drive-through, carry-out and fast food restaurants. It was reported a letter had been received from Attorney Timothy Johnson requesting this item be continued. Discussion ensued regarding the need for the Ordinance and it was pointed out that cross-parking easements are already allowed and variances to the requirement would have to be addressed on an individual basis. The City Attorney presented Ordinance 4774-89 for second reading and read it by title only. Commissioner Regulski moved to pass and adopt Ordinance 4774-89 on second and final reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Berfield, Regulski and Garvey. "Nays": Winner and Nunamaker. Motion carried. Item #15 - Ordinance 4776-89, Relating to the Land Development Code - amending Sec. 137.010(g)(4) relating to site plans to provide for payment in lieu of the installation of stormwater detention facilities in certain cases. Commissioner Regulski moved to amend Ordinance 4776-89: on page 2, line 4 from the bottom of the page, after "at the option of the property owner" change the period to a comma and insert "and by the construction value of the stormwater detention facility that would have otherwise been provided, such value to be determined by the City Engineer." The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance 4776-89 for second reading, as amended, and read it by title only. Commissioner Winner moved to pass and adopt Ordinance 4776-89 on second and final reading, as amended. Motion was duly seconded. Upon roll call the vote was: "Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. "Nays": None. Item #16 - Ordinance 4777-89, Relating to the Land Development Code - amending Sections 135.092 and 136.025(c)(8) to allow child day care as a conditional use in the General Office (OG) Zoning District. The City Attorney presented Ordinance 4777-89 for second reading and read it by title only. Commissioner Winner moved to pass and adopt Ordinance 4777-89 on second and final reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. "Nays": None. CITY MANAGER REPORTS VIII - Consent Agenda (Items 17 - 34) - Approved as submitted. Agreements - Approved. Item #17 - Three (3) year agreement with the Ervin Harris All American Youth Club, Inc. for the use of Holt Ave. Youth Center. (P&R) Bids & Contracts - Approved. Item #18 - Contract to Motorola Corporation for the purchase of interface microwave equipment and a "Syntor X" control station for the City's 800 mHz Trunked Radio System, at a cost of $106,769.00, (County Bid) (GS) Item #19 - Contract to Barney's Motorcycle Sales, Inc., St. Petersburg, FL, for the purchase of six (6) replacement Yamaha YFM 250 Utility All Terrain Vehicles, at a total cost of $16,290 (GS) Item #20 - Contract to Case Power & Equipment Company, Tampa, FL, for the purchase of one (1) replacement Rough Terrain 6,000 lb. capacity Fork Lift Vehicle, at a cost of $25,991.00, to be financed by G. E. Capital, Inc. (GS) Item #21 - Contract to Home Protection, Inc., Clearwater, FL, to install closed circuit television and audio security monitoring system in the police holding cell area, at a total cost of $7,792.00 (PD) Item #22 - Contract to Dominica Recreation Products, Longwood, FL, to purchase replacement playground equipment for a total delivered price of $23,903.00 (P&R) Item #23 - Contract to Smith Fence Co., Clearwater, FL, for the installation of fencing for $14,604.39 (County Bid), for Ross Norton Park ballfields; and approve the transfer of $10,000 from Recreation Facility Impact Fee interest and $4,604.39 from Operating Code 1675-504; to C.I.P. 3224 Norton Park renovations. (P&R) Item #24 - Amendment to Contract Agreement with L.G. Couch Construction, Inc. waiving Performance Bond and increasing Payment Retainage re Cleveland Street Sidewalk Replacement Downtown (87-36) (PW) Item #25 - Contract to purchase Sodium Bicarbonate from Harcross Chemical Company, Tampa, FL, at an annual estimated cost of $27,600 (PW) Item #26 - Contract for purchase of an Electronic Field Survey Total Station with accompanying electronic field book to Earl Dudley Associates, Inc. for a total of $15,480 (PW) Citizen & Staff Requests - Approved. Item #27 - Request for the employment of an additional school crossing guard for the intersection of Missouri Avenue and Belleair Road; approximate cost $1,317 for salary and equipment cost through remainder of school year ending June 7, 1989 (PD) Item #28 - Amend the 1988/89 C.I.P. Budget by transferring $46,128.23 of Recreation Facility Impact fees to C.I.P. 3220 (Coachman Ridge Park) (P&R) Item #29 - Accept Sidewalk Easement and Sidewalk serving students of Eisenhower Elementary School from Hooker Homes, Inc. and Brigadoon of Clearwater Homeowners Association, Inc. (PW) Plans & Plats - Approved. Item #30 - Preliminary Site Plan for S.E.D. North (Severely Emotionally Disturbed Center) located on the Sandy Lane School property (9.83 acres of the 50.82 acre Sandy Lane School property), between Kings Highway and Betty Lane, from Sandy Lane to Sunset Pt. Rd.; M&B 41-01, Sec 3-29-15. (Pinellas County School Board) PSP 89-04; Authorize review of final site plan with final action by the Development Review Committee subject to the following conditions: 1) signs and fencing/walls are subject to separate review and permitting processes; 2) the size, location, orientation and shielding of the refuse container(s) shall be provided on the final site plan; 3) parking calculations stated in relationship to the applicable code requirement(s) shall be provided on the final site plan*; 4) the remainder of the property adjacent to Sandy Lane including existing driveways and the measurement to center line of Sandy Lane shall be provided on the site plan*; 5) the site data calculations including minimum and maximum requirements shall be placed on the site plan*; 6) the reference to density shall be deleted from the site data calculations; 7) all site dimensions must be provided on the site plan*; 8) the required sidewalk location along Betty Lane for this project area must be provided on the site plan*; 9) the internal vehicular flow/parking arrangements for bus and other vehicular usage must be coordinated with the Traffic Engineer*; 10) the existing 10 foot right-of-way easement adjacent to Betty Lane shall be identified on the site plan including OR book and page number* and 11) a 40 foot drainage and utility easement will be required over the drainage ditch along the north side of the property and shown on the plan* (note: conditions 3-11 must be completed prior to DRC review) (PL&D) Item #31 - Preliminary Site Plan for City of Clearwater Coachman Ridge Park (9.97 acres) located NW of the intersection of NE Coachman Rd. and Old Coachman Rd.; M&B 21-03, Sec. 7-29-16 (City of Clearwater Parks and Recreation Dept.) PSP 89-05; authorize review of final site plan with final action by the DRC subject to the following conditions: 1) signs and fencing/walls are subject to separate review and permitting processes; 2) the size, location, orientation and shielding of the refuse container(s) shall be provided on the final site plan for DRC review and 3) proposed lighting shall be arranged and installed to deflect, shade and focus lights away from nearby residential properties (PL&D) Item #32 - Preliminary Site Plan for Greek Orthodox Church of Holy Trinity (Renovation and addition) (4.18 acres) located N of Gulf-to-Bay Blvd. and E of Old Coachman Rd.; M&B 14-05, Sec. 18-29-16. (Greek Orthodox Church of Holy Trinity) PSP 89-06; authorize review of final site plan with final action by the DRC subject to the following conditions: 1) signs and fencing/walls are subject to separate review and permitting processes; 2) the size, location, orientation and shielding of the refuse container(s) shall be provided on the final site plan for DRC review; 3) in order to clearly demonstrate that the parking requirement is being met, the maximum number of seats in the assembly area must be given on the site plan (the number of parking spaces provided must equal or exceed the greater requirement of seats in assembly area or square footage of assembly floor area)* NOTE: spaces in Florida Power right-of-way cannot be counted for meeting minimum parking requirements and 4) the height of the gymnasium should be stated as height from grade* (*conditions 3 & 4 must be completed prior to DRC review) (PL&D) Item #33 - Preliminary Site Plan for Video Plaza (1.17 acres) located on the S side of Gulf-to-Bay Blvd. E of Hercules Ave.; M&B 42-02 and 42-04, Sec. 13-29-15. (George and Rosemarie Smith, and Douglas M. Tew) PSP 89-07; authorize review of final site plan with final action by the DRC subject to the following conditions: 1) signs and fencing/walls are subject to separate review and permitting processes; 2) the dimension for the proposed rear setback should be provided on the final site plan; 3) all existing pavement and curbing for the driveways to be closed must be removed and replaced with appropriate permeable landscaping, sidewalks and curbing for Gulf-to-Bay Blvd. in accordance with City standards; 4) requirements for parking should be restated on the site plan according to the applicable formula for individual retail sales use which does not require special parking for employees*; 5) the required dimension of five feet should be noted on the plan for landscape strip between parking and residentially zoned property on the south side*; 6) handicapped spaces must be provided on site as required by city ordinance and state law* and 7) a ten foot drainage and utility easement will be required along the south side of the property and must be designated on the site plan*. (conditions 4-7 must be complete prior to DRC review) (PL&D) Receipt & Referral - Received and referred to proper departments. Item #34 - Petition for Annexation and RS-6 Zoning of property (4.9 acres) located on the S side of C.R. 193 immediately E of Paul B. Stephens Exceptional Student Center; M&B 41.06, Sec. 5-29-16 more particularly described as W 1/2 of E 1/2 of the S 1/2 of the NE 1/2 of the SE 1/4 of Sec. 5-29-16. (Oak Leaf, Ltd, Fla. Limited Partnership) A 89-3 (PL&D) Commissioner Winner moved to approve the Consent Agenda as submitted and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. IX - Other Items on City Manager Reports Item #35 - First Reading Ordinance 4792-89 - Providing for issuance of $2,500,000 Center Foundation Project Revenue Bonds, Series 1989, the proceeds of which will be loaned to the Center Foundation, Inc. to finance certain capital projects; providing for the payment thereof; authorizing the execution and delivery of the trust indenture, and loan and security agreement for the bonds; making certain other covenants and agreements in connection with the issuance of the bonds; approving the issuance of such bonds pursuant to Section 147(F) of the internal revenue code of 1986, as amended. The City is being asked to issue what amounts to a short-term bond issue of $2.5 million to allow construction to begin on the Center Foundation Project. According to Gray Dunlap of W.R. Hough and Company, the City's financial advisor, the total construction will cost approximately $5 million of which $2.5 million is currently on hand. The money to be borrowed is to be repaid by existing pledges from various corporations, individuals and the City of Clearwater. In addition, it is anticipated that Barnett Bank will provide a credit enhancement to help guarantee repayment of the loan. Fred Fisher, President of the Center Foundation, reported that ground breaking for the facility would occur on March 17th. He reviewed the plans for the facility and thanked the Commission for their encouragement and support. He stated $3 million have been received from the state and 6 of the projected $10 million in private donations have been received. Gray Dunlap, of William R. Hough and Company, stated the bonds would be paid in three "bullets" as cash is received from pledges and securities. He reported there are funds in Triple A securities which need to mature prior to the center obtaining the money. Approval of this issue will allow the Center Foundation tax-free financing. He further reported there is nothing that creates a liability for the City of Clearwater. Discussion ensued regarding the City's commitment to the Foundation, and concerns were expressed that the $750,000 indicated in the bond papers has not been committed and will have to be affirmed during subsequent annual budget processes. Mr. Dunlap stated the Center actually has the funds to cover the construction cost, however, it is not available at this time as donations have been placed in trusts and securities that must mature. In response to a question regarding whether or not this issue violates the $1 million cap on revenue bonds contained in the Charter, the City Attorney reported the bonds must be validated by a judge and this would be answered at that time. The City Attorney presented Ordinance 4792-89 for first reading and read it by title only. Commissioner Nunamaker moved to pass Ordinance 4792-89 on first reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. "Nays": None. X - Other Pending Matters - None. CITY ATTORNEY REPORTS XI - First Readings Item #36 - First Reading Ordinance 4793-89, Repealing Sections 82.01 through 82.05 and Creating new Sections 82.01 through 82.06 - prohibiting the exposure or simulation of certain anatomical areas and prohibiting certain specified conduct by persons in establishments licensed by the State of Florida to sell any alcoholic beverage for consumption on the premises; prohibiting the construction and use of areas partitioned, curtained or screened from public view that are permitted to be used for certain proscribed conduct; providing definitions; providing penalties; providing for revocation of occupational licenses; providing for severability. The proposed ordinance prohibits arguably lewd activities that have been escalating recently in establishments offering exotic dancing. Also prohibited is nude dancing in commercial establishments selling alcohol for on-premises consumption. Finally, the ordinance provides for the revocation of the occupational license of those establishments permitting any of the specified activities to occur on the premises. State statutes prohibiting lewd and lascivious conduct, indecent exposure, disorderly conduct and prostitution can be utilized as an additional or alternative means of promoting the health, safety, and welfare of the community. Robert Surette, Assistant City Attorney, stated the Commission has expressed concerns regarding the proliferation of establishments which allow the conduct of lewd activities. He has extensively researched the law and the ordinance proposed is arguably defensible. Ordinances of other cities that have withstood constitutional attack have been used as a basis for parts of the proposed ordinance. He stated the regulatory powers given to cities in the 21st amendment of the United States Constitution supplement the police powers of the city in regulating activities that occur in alcoholic beverage establishments. Discussion ensued regarding the ability to defend the ordinance, and it was reiterated that the ordinance is based on other laws which have withstood constitutional attack and the language in the ordinance has been narrowly drawn to address the specific behaviors which are occurring. Concerns were expressed regarding the types of activities that are occurring, and it was stated the purpose of the ordinance is to prohibit lewd activities which could lead to disorderly conduct and other criminal activity and to promote the health, safety and welfare of the citizens of Clearwater. The City Attorney presented Ordinance 4793-89 for first reading and read it by title only. Commissioner Nunamaker moved to pass Ordinance 4793-89 on first reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. "Nays": None. Item #37 - First Reading Ordinance 4794-89, Relating to Occupational Licenses - Amending Section 71.12(a) to revise and clarify the term "nuisance" as meaning any activity declared to constitute a public nuisance in Section 95.23 or any activity proscribed by Chapter 796, Section 798.02 or Chapter 800, Florida Statutes. The City Attorney presented Ordinance 4794-89 for first reading and read it by title only. Commissioner Nunamaker moved to pass Ordinance 4794-89 on first reading. Motion was duly seconded. Upon roll call the vote was: "Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. "Nays": None. XII - Resolutions Item #38 - Resolution 89-13 - Assessing property owners the costs of mowing or clearing owners' lots. Commissioner Winner moved to pass and adopt Resolution 89-13 and authorize the appropriate officials to execute same. Motion was duly seconded. Upon roll call the vote was: "Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. "Nays": None. Item #39 - Resolution 89-14 - Rescinding Resolution 80-113, which established a drainage impact fee retention policy. Commissioner Winner moved to pass and adopt Resolution 89-14 and authorize the appropriate officials to execute same. Motion was duly seconded. Upon roll call the vote was: "Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. "Nays": None. XIII - Other City Attorney Items Item #40 - Booker Creek Preservation Incorporated, Petitioners vs. City of Clearwater - State of Florida Division of Administrative Hearings, Case #88-57776, Joint Stipulation for Settlement of Administrative Proceedings involving the East and Northeast sewage treatment plants. This case is presently scheduled for a 4-day hearing to begin on March 28, 1989. The hearing became necessary when the Department of Environmental Regulation's (DER's) proposal on November 7, 1988, to issue construction permits for said plants was challenged by Booker Creek Preservation, Inc. The negotiations that resulted in this proposed Joint Stipulation have involved the City's Legal, Public Works, Planning and Development Departments and City Manager's office. Resolution of this matter in the manner provided for in this Stipulation is believed to be in the best interest of the City, in that, requirements will enhance the quality of the water to be discharged into Tampa Bay, as well as alleviate other environmental concerns. Leo Schrader, Assistant City Attorney, reported that Booker Creek Preservation, Inc. has signed the stipulation. Charles Hunsicker, Assistant City Manager, stated this agreement will protect and enhance the environment, create habitats, calls for use of effluent for irrigation and recognizes the Comprehensive Plan for Water Quality. Commissioner Regulski moved to approve the proposed Joint Stipulation for Settlement of Administrative Proceeding re City of Clearwater v Booker Creek Preservation, Inc. and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. Item #41 - Thomas vs. City of Clearwater Settlement Proposal (Circuit Civil Case No. 87-1810-CIV-T-10B) Leo Schrader, Assistant City Attorney, stated this is a suit regarding building code and flood plain regulation violations which is scheduled for trial in district court on May 15, 1989. He stated acceptance of this proposal would conclude the litigation. Concerns were expressed that the plaintiff willfully and knowingly violated the codes and that a previous agreement to allow completion of the work and occupancy of the structure had been based upon letting the courts decide regarding those violations. It was suggested that a fine of $500 per day from June 4, 1987 to November 5, 1987 for a total fine of $76,500 be included in the settlement proposal. Further discussion ensued citing that while violations were committed by Mr. Thomas, mistakes may also have been made by staff. Concern was expressed that the settlement be in such a manner that future violations will not be encouraged. It was emphasized that Mr. Thomas is being required to do additional work at his home to mitigate the violations, and also the settlement would the City harmless for damages to properties surrounding Mr. Thomas's. It was stated that property owners and contractors are aware that the City will enforce its codes. In response to a question regarding whether or not Mr. Thomas would accept the addition of a fine in the settlement agreement, Mr. Schrader indicated Mr. Thomas's attorney has stated that while Mr. Thomas concedes the structure did not comply with regulations, Mr. Thomas feels the regulations are unconstitutional. It was stated the agreement calls for him to pay building permit penalties. Further discussion ensued regarding the possible outcome should the case go to trial, and it was stated it was unlikely the courts would order demolition of the building even if it was found to be in violation of the codes. In response to a question, Victor Chodora, Acting Building Director, stated people are coming to the Building Department and applying for the necessary permits. A question was raised regarding whether or not Mr. Thomas's structure now meets code, and the Building Official indicated that an architect must submit an affidavit to that effect. Further discussion ensued regarding the outcome should the case go to trial with some Commissioners stating they felt there was nothing to gain by pursuing the case. Commissioner Berfield moved to accept the settlement proposal. The motion was duly seconded. Upon the vote being taken, Commissioners Berfield, Winner and Mayor Garvey voted "aye." Commissioners Regulski and Nunamaker voted "nay." Motion carried. Item #42 - Request for extension of time to consider request for Chapter 120 hearing on DER's (Department of Environmental Regulation) intent to deny Dredge and Fill permit for Ferry Service Dock. On March 6th the City received notice from the DER of its intent to deny the City's permit for dredging required to construct the ferry service dock facility located just north of Memorial Causeway. The reason cited focused primarily upon the discovery of sea grasses within the area of dredging and a concern over the loss of marine habitat following construction of the ferry dock. The notice gives the City 14 days from date of receipt to decide whether it wishes to appeal this Notice of Intent to Deny before an administrative hearing officer under a Chapter 120 Florida Statute proceeding. For staff to recommend whether or not the City has cause for an appeal and judge the likelihood of securing approval upon appeal, staff needs additional time to evaluate the stated environmental concerns and determine whether other affected parties would be willing to join with the City in the appeal. Florida Statutes provides affected parties the right to request additional time to determine whether or not to request an appeal. The City Attorney recommends requesting an extension of 60 days for staff to prepare an analysis and recommendation whether or not to appeal. The City Manager reported that staff is ready to move forward and, rather than requesting an extension of time, he requested authorization to submit the intent to appeal. Commissioner Berfield moved to authorize submission of an intent to appeal. The motion was duly seconded. Discussion ensued regarding how much dredging would be required, and it was stated that less than 10,000 square yards of material would be moved. In response to a question, it was indicated the dock could not be placed further out, and staff will seek mitigation regarding the seagrasses. Leo Schrader, Assistant City Attorney, requested the Commission request an extension of time as certain information needs to be gathered to be submitted with the intent to appeal. Discussion ensued regarding how much time would be needed to compile the information needed. The motion was withdrawn. Phil Henderson, the contractor who is to provide the ferry service, requested that there be no extension of time. He stated the contract nego- tiations have been going on for some time and he does not see the need for further delays. Discussion ensued regarding what is needed to request the hearing, and it was stated the City Attorney's Office would contact the State to find out whether or not a simple letter would suffice or if additional information is needed. Commissioner Winner moved to request an extension of time of no more than 14 days if necessary, and if not necessary, to file an intent for appeal. The motion was duly seconded carried unanimously. The City Attorney stated he is requesting additional items be placed on the agenda for the special meeting of March 30, 1989. The original item to be on that agenda was a new proposal regarding the Oaks of Clearwater. He is requesting permission to place two more items - an easement with PACT and a settlement with the Clearwater Beach Hotel as intervenors in the Gray Suit - on that agenda. Consensus was to schedule all three. XIV - Verbal Reports - None. XV - Other Commission Action Commissioner Regulski requested the other City Commissioners consider communicating with their Congressman that they would support alleviating third world debt if those countries would take action to stop drugs coming out of and/or through their countries. Consensus was for Commissioner Regulski to send copies of his letter to the Commissioners as well as the Police Chief. Mayor Garvey stated she felt it necessary to make a statement regarding newspaper reports of a possibility that she assisted in Mike Klapka's campaign. She stated emphatically that she did not work for Mr. Klapka as it was her policy to not work for or against any candidates since she has been in public office. She congratulated the winners of the election. XVI - Adjournment The meeting adjourned at 9:50 p.m.