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04/05/1990 CITY COMMISSION MEETING April 5, 1990 The City Commission of the City of Clearwater met in regular session at City Hall, Thursday, April 5, 1990 at 6:00 p.m., with the following members present: Rita Garvey Mayor/Commissioner Lee Regulski Commissioner William Nunamaker Commissioner Richard Fitzgerald Commissioner Sue Berfield Commissioner Also present: Ron H. Rabun City Manager M.A. Galbraith, Jr. City Attorney William C. Baker Public Works Director James Polatty, Jr. Planning and Development Director Cynthia E. Goudeau City Clerk The Mayor called the meeting to order and led the Pledge of Allegiance. The invocation was offered by Captain Donald Canning of the Salvation Army. In order to provide continuity for research, the items will be listed in agenda order although not necessarily discussed in that order. II - Installation of Mayor Garvey, Commissioners Regulski and Berfield. Mayor Garvey acknowledged and expressed appreciation of Commissioner Winner's years of service on the Commission. The City Clerk administered the Oath of Office to Mayor Garvey and Commissioners Regulski and Berfield. The meeting recessed from 6:10 p.m. to 6:15 p.m. III - Service Pin Awards - None. IV - Introductions and Awards. Proclamations. Building Safety Week - 4/8-14/90 Community Development Week - 4/7-14/90 Victims Rights Week - 4/22-28/90 V - Presentations Clearwater Housing Authority Chairman, Howard Groth, presented a $10,000 check to the City as payment in lieu of taxes for leased housing. VI - Minutes of the Regular Meeting of March 15, 1990 and Special Meeting of March 14, 1990. Commissioner Nunamaker moved to approve the minutes of the regular meeting of March 15, 1990, and the special meeting of March 14, 1990, as recorded and submitted in written summation by the City Clerk to each Commissioner. The motion was duly seconded and carried unanimously. VII - Citizens to be heard re items not on the Agenda. Gregory Smith, representing the CWA, spoke expressing concern regarding the RFP for possible sale of the gas system. He stated the document contained inaccurate information and requested it be retracted. A special meeting was scheduled for 4:30 P.M., April 12th to discuss the RFP. Joe Brown, President of Del Oro Homeowner Association, spoke concerning the proposed storm water treatment project planned for that neighborhood. He requested the project be re-evaluated. Five citizens spoke in opposition to the proposed high and dry boat storage facility at Seminole Boat Ramp. Dr. Tim Dorner requested consideration be given to allowing him to obtain the necessary letter regarding sewer availability for the development of his office on S.R. 580 across from Countryside High School prior to finalization of the annexation of the property. (Item discussed further under Verbal Reports.) Max Ahman, a potential respondent to the gas system RFP, stated the gas division had good potential growth and that privatization would be good for the City. Lois Lowrey requested consideration be given to the traffic light at Sunset Point Road and Kings Highway having longer operating hours. She requested additional police in the N. Greenwood area. Louis Cantonne requested review of the enforcement of the Mobile Home Park Ordinance. The Mayor stated she would get with Mr. Cantonne Penny Devine, representing the North Greenwood Association, requested additional police in the North Greenwood area and longer operating hours for the police substation. Tim Mackly stated he sees crime on the streets but no police. Diane Stout-Smith stated the gas RFP is full of errors. She requested an outside attorney review. She also requested the RFP be retracted. Mary Drew Kane expressed concern regarding employee morale and lack of job security. She requested a committee be appointed to investigate. Concern was expressed regarding the pension proposal not being provided to the employees. She requested a change in the Civil Service Ordinance to make that board's decisions binding. Robert Baxler, Gas Division employee, expressed concern that rates would increase if the gas system is privatized. Expressed opinion that proposal not thoroughly planned. Nick Benjacob requested the Commission authorize issuance of a sewer availability letter to allow him to proceed with development in the county prior to annexation. Nonconformities with City code include 16 parking spaces where 18 are required, 33 percent of green space where 55 percent is required and setbacks. Frank Muscarella, former owner of the property, spoke in support of Mr. Benjacob stating the property had been planned as part of an 18-acre tract. Commissioner Regulski moved to approve staff issuing the needed letter provided the developer agrees to provide the easement for storm water management and reduces the width of the parking spaces from 10 feet to 9 feet and increases the number of parking spaces. The motion was duly seconded and carried unanimously. Arthur Pulsifer, user of gas system, spoke in opposition to the sale of the system. He stated, if sold, the City would be breaking faith with the users. Lois Cormier stated the Planning & Zoning Board had asked the Commission be informed of their stern message of wanting City codes followed in such a case as Mr. Benjacob's. She stated the special meeting of April 12th would conflict with the meeting of the Development Code Adjustment Board (DCAB). She stated the police are doing a good job and a lot of times people do not realize they are there as they work undercover. She expressed concern regarding employees leaving the City. She stated she had heard of "chaos" in some departments and said the problems need to be addressed. Bill Patterson, representing CWA, stated, if employees are given tools and the ability, they can expand the gas system. He stated they are willing to work with management and there is a need to renew communication. VIII - PUBLIC HEARINGS ITEM #9 - Public Hearing & First Reading Ordinance #4961-90 - Vacating 10 foot alley, A.B. and Jennie Cates Subdivision, lying W of Lots 1-3, inclusive, and E of Lots 4-7, inclusive. (Salvation Army V 90-03)(PW) The Salvation Army is proposing to use the alley for parking. They own all of the abutting property. The City does not have any utilities within the alley according to the atlases. The request has been reviewed by various City departments/divisions and the three utility companies and there are no objections providing the alley is retained full width as a drainage and utility easement. Captain Donald Canning, representing the Salvation Army, requested the Commission support the request. Commissioner Fitzgerald moved to approve the vacation request subject to it being retained full width as a drainage and utility easement. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #4961-90 for first reading and read it by title only. Commissioner Fitzgerald moved to pass Ordinance #4961-90 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Berfield, Nunamaker, Fitzgerald and Garvey. "Nays": None. ITEM #10 - Vacating portion of Hart Street right-of-way and alleys located in Hart's 2nd Sub. and Ft. Harrison Sub. (Gulf Marine V 90-02)(PW) The applicant uses the adjacent property for new and used boat storage. He wishes to fence the boundaries of this property, to prevent theft and vandalism. In order to do this, Hart Street and two alleys need to be vacated. The City has a gas and water line on Hart Street. The City will require the applicant to pay the cost to relocate a water meter from its existing location to within the Garden Avenue right-of-way. The request has been reviewed by various City departments/divisions and the three utility companies and there are no objections other than the Director of Public Works, providing a full width utility easement be retained and vehicular access is provided. The Public Works Director is concerned because the City has experienced a long-running problem at the street in question in that the adjacent property owner has on numerous occasions stored boats in the right-of-way to the extent that vehicular and fire-fighting equipment could not use the roadway for any purpose. The Fire Department very strongly states that the Hart Street portion of the request (even if vacated) would still be necessary for access for a width of 20 feet, and at all times. Therefore, Hart Street would need to be kept as a utility and right-of-way easement. If this is the case, it is unwise to believe that a right-of-way easement could be kept free of encroachment by those who would then be the owner of the property, when the City has been unable to keep a dedicated public road, now owned by the City, free from that same encroachment. It is recommended the Hart Street portion of the vacation request be denied unless and until the Fire Department would declare a change in their position that the street be kept clear at all times. The vacation of the two north-south alleys off Hart Street should be approved with their retention as utility easements. No one was present to speak to this item. Commissioner Nunamaker moved to approve the vacation of the north-south alley lying west of and adjacent to Lot 10, Blk 3, Harts' 2nd Subdivision and an alley as shown on the plat of Ft. Harrison Subdivision subject to them being retained as utility easements. The motion was duly seconded and carried unanimously. ITEM #11 - Resolution #90-12 - Demolition of structures at 915 Engman & 1206 Pennsylvania Avenue, Palm Park Subdivision, Blk C, Lot 8 (Keno) (PLD) On February 16, 1989, upon receipt of a complaint that the subject structures were vacant, dilapidated, unsecured and being used by transients, an inspection was made. Notice was sent by certified mail to the owner. Because of a typographical error, a new Notice of Unsafe Building was sent by certified mail on March 1, 1989. The property owner failed to comply with the Notice and Order. A hearing was scheduled for June 14, 1989, before the Municipal Code Enforcement Board (MCEB). Mrs. Keno requested a continuance to apply for a Community Development rehabilitation loan. The case was continued to July 13, 1989. Mrs. Keno then gave permission for the City to secure the structures and again requested a continuance as she was negotiating with a contractor for repairs. The case was then continued to the September 13, 1989, meeting of the MCEB. The MCEB ordered compliance within 30 days (10/13/89). Mrs. Keno has not complied with the board's order. The MCEB's order has been violated for more than 30 days, therefore, it is in order for the Commission to proceed with the public hearing. The Building Official confirms the Inspector's report of the structures on this property. No correspondence of appeal has been made by the property owner. Victor Chodora, Building Official, submitted pictures and correspondence into the record. Commissioner Nunamaker moved to uphold the findings of the Building Official. The motion was duly seconded and carried unanimously. The City Attorney stated he had recently received a FAX message from the owner asking that the Commission not approve the demolition. Concern was expressed that adequate notice had not been given to the owner as it was indicated Ms. Keno had not received the notice of public hearing until April 3rd. It was requested this item be continued to allow for proper notice to the applicant. Commissioner Regulski moved to reconsider the previous motion. The motion was duly seconded and carried unanimously. Commissioner Fitzgerald moved to continue the item to April 19, 1990. The motion was duly seconded and carried unanimously. Public Hearing - Second Reading Ordinances ITEM #12 - Ordinance #4946-90 - Amending future land use plan to change designation from None to Commercial/Tourist Facilities for property at NE corner of the intersection of S. Missouri Ave. and Belleair Road, Sall's Sub, Blk G, Lots 8 & 9. (Lazzara LUP90-01) Commissioner Fitzgerald moved to amend the title, changing "Block 6" to "Block G" and in Section 1, in the legal description of the property, change "Block 6" to read "Block G." The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #4946-90 as amended for second reading and read it by title only. Commissioner Regulski moved to pass and adopt Ordinance #4946-90 as amended on second and final reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. ITEM #13 - Ordinance #4947-90 - Zoning as General Commercial (CG) property at NE corner of the intersection of S. Missouri Ave. and Belleair Road, Sall's Sub, Blk G, Lots 8 & 9. (Lazzara A90-01) Commissioner Regulski moved to amend the title, changing "Block 6" to "Block G" and in Section 1, in the legal description of the property, change "Block 6" to read "Block G." The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #4947-90 as amended for second reading and read it by title only. Commissioner Fitzgerald moved to pass and adopt Ordinance #4947-90 as amended on second and final reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. ITEM #14 - Ordinance #4948-90 - Annexing property at NE corner of the intersection of S. Missouri Ave. and Belleair Road, Sall's Subdivision, Blk G, Lots 8 & 9 (Lazzara A90-01) Commissioner Fitzgerald moved to amend the title, changing "Block 6" to "Block G" and in Section 1, in the legal description of the property, change "Block 6" to read "Block G." The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #4948-90 as amended for second reading and read it by title only. Commissioner Fitzgerald moved to pass and adopt Ordinance #4948-90 as amended on second and final reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. ITEM #15 - Ordinance #4949-90 - Amending future land use plan to change designation from None to Medium Density Residential for Parcel A and Commercial/Tourist Facilities for Parcel B, Central Park Resub, part of Tract A. (Metco Development Corp. LUP89-21) The City Attorney presented Ordinance #4949-90 for second reading and read it by title only. Commissioner Regulski moved to pass and adopt Ordinance #4949-90 on second and final reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. ITEM #16 - Ordinance #4950-90 - Zoning property annexed in Ordinance #4951-90 as Multiple-Family Residential "Sixteen" District (RM-16) for Parcel A and General Commercial (CG) for Parcel B, Central Park Resub, part of Tract A. (Metco Development Corp. A89-26) The City Attorney presented Ordinance #4950-90 for second reading and read it by title only. Commissioner Regulski moved to pass and adopt Ordinance #4950-90 on second and final reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. ITEM #17 - Ordinance #4951-90 - Annexing property at SE corner of intersection of Drew St. and Mercury Avenue, Central Park Sub, part of Tract A. (Metco Development Corp. A89-26) The City Attorney presented Ordinance #4951-90 for second reading and read it by title only. Commissioner Regulski moved to pass and adopt Ordinance #4951-90 on second and final reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. CITY MANAGER REPORTS IX - CONSENT AGENDA (Items #18-39) - Approved as submitted less Items #33 and #38. Agreements - Approved. ITEM #18 - Agreement with Clearwater Fire Explorer Post 919 providing for painting of City fire hydrants at established rates and quantities for a maximum cost of $7,500.00 per year for a five year period. (PW) ITEM #19 - Interruptible Transportation Service Agreement with Florida Gas Transmission Company (PW) In effect for 180 days, month to month extensions thereafter, unless terminated by either party. ITEM #20 - Agreement with June Baumgardner Gelbart, Pact, Inc. regarding the permanent display of the Richard B. Baumgardner Bust (CM) Leases - Approved. ITEM #21 - Assignment of lease dated July 30, 1986, from Colony Marina Restaurant, Inc. to Edward M. Metallo and Ursula M. Metallo d/b/a Colony Marina Restaurant, effective April 1, 1990 (MR) ITEM #22 - Lease with the Pinellas County Arts Council for use of the City property at 400 Pierce Blvd, 4/1/90 - 3/31/92, $250.00/month. (CM) Bids & Contracts - Approved. ITEM #23 - Unisys and other computer hardware from Whitman Computer Systems, St. Petersburg, FL, for $50,527.00 and authorize a five year lease/purchase through AT&T Credit Corp.; purchase associated software from Southern Data Comm, Inc., Clearwater, FL for $7,225.00 (AS) ITEM #24 - Extend the contract one year for the rental of Pagers of varying capabilities to Pac-Tel Paging, St. Petersburg, FL, est. $13,011.20 (AS) ITEM #25 - Two Reelmaster Riding Mowers and One Reelmaster Riding Mower Tractor from Wesco Turf, Inc., Sarasota, FL for $52,827.27, financing to be provided through City's Master Lease Purchases Agreement with AT&T Credit Corporation. (GS) ITEM #26 - GTE Norstar Telephone System for Planning and Development from GTE Communications Corporation, Tampa, FL for $19,509.30, financing to be provided through GTE Leasing Corporation. (GS) ITEM #27 - Three Double Diaphragm Pumps from Highway Equipment & Supply Company, Tampa, FL for $15,510.00 (GS) ITEM #28 - Contract to Advanced Systems Design, Inc., Tallahassee, FL to develop computer software to automate offense reporting using the Police Department's Lap Top Computers for $36,000.00 (PD) ITEM #29 - Purchase of an additional Forklift from Ring Lift "Cat", Tampa, FL, for $34,903.00 (PW) ITEM #30 - 1989/90 Street Resurfacing Contract (89-31) to R.E. Purcell Construction Company, Inc., Ozona, FL for $630,945.50 (PW) ITEM #31 - 1990 Sidewalk Contract (89-34) to Aubrey T. Moorefield Paving Contractors, Inc., Largo, FL for $146,740.00 (PW) ITEM #32 - Termination of the Modification to Reservoir No. 2 Contract with W.E.D. Contractors, Inc. for failure to perform and allow the City to complete the project and place the facilities in service. (PW) Citizens & Staff Requests. ITEM #33 - See page 11. Plans & Plats - Approved. ITEM #34 - Revalidation of Final Master CPD Site Plan for Beckett Lake Plaza (12.2 acres) located at the NE corner of the intersection of Belcher Rd. and Sunset Point Rd., M&B 23.03, Sec. 6-29-16 (Webb's Nursery, Inc. PSP86-5)(PLD) Approve revalidation of the final master site plan subject to the following conditions: 1) the loading dock area for the retail building at the southeast corner of the site, (previously known as "Skaggs Building") should be screened with landscaping to buffer it from the right-of-way and the residential areas; 2) a detailed landscaping plan, specifically addressing a landscaping buffer mechanism for the single family homes to the east (with other landscaping requirements), must be submitted prior to the issuance of a building permit; 3) ingress and egress easements and a 10 foot utility easement should be provided over the water mains up to and including meters and hydrants and detector checks prior to the issuance of a building permit; 4) the requisite initial building permit must be procured by March 10, 1991 and all certificates of occupancy must be obtained prior to March 10, 1994; 5) revalidation has no effect on any impact fee requirements now in force or subsequently enacted; and 6) the access on Belcher Road north of the access to the Bank shall be removed as required by the Traffic Engineer. ITEM #35 - Preliminary Site Plan for Community Dialysis/Lakeview Developmental Center (1.37 acres) located on the N side of Lakeview Ave., E of Greenwood Ave., Davis Replat, Lots 1 & 2 (PSP90-04)(PLD) Authorize review of a final site plan with final action by the Development Review Committee (D.R.C.) subject to the following conditions: 1) a unity of title must be recorded unifying the development under one site development, prior to certification of the site plan; 2) prior to DRC, the engineer must provide a copy of SWFWMD application and storm water calculation for detention pond; 3) the required front yard open space calculations shall be provided on the site plan prior to DRC review; 4) the parking space calculations for the existing development shall be provided on site plan prior to DRC review; 5) signs and fencing/walls are subject to separate review and permitting processes; and 6) a traffic impact study conforming to the requirements of Ordinance No. 4958-90 shall be prepared and submitted. Receipt & Referral - Received and Referred less Item #38. ITEM #36 - Annexation, RM-8 Zoning and a Land Use Plan Amendment to Low Density Residential for a parcel (.71 acres) located on the W side of Bayview Ave. approximately 400 feet S of Gulf-to-Bay Blvd., Lame Survey, Tract C (Ciulla & Condino A90-3, LUP90-5) (PLD) ITEM #37 - Annexation for Parcels 1 & 2, OL Zoning and a Land Use Plan Amendment to Residential/Office for parcel #1 (.33 acres) and RS-8 Zoning and a Land Use Plan Amendment to Low Density Residential for Parcel #2 (.33 acres) all located between Highland Ave. and Braund St., approximately 475 feet S of Nursery Rd., Parcel #1, Scotia Heights Sub., Blk B, Lots 8 through 11, parcel #2, Scotia Heights Sub., Blk B, Lots 46 through 49 (Wilkes A90-4, LUP90-4) (PLD) ITEM #38 - See page 11. CITY ATTORNEY Agreements, Deeds & Easements - Accepted. ITEM #39 - Sidewalk Easement - Gunn's Addition, Blk A, portion of Lot 1 (SDS Investments) Commissioner Fitzgerald moved to approve the Consent Agenda as submitted less Items #33 and #38 and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. ITEM #33 - Occupational License for John Lewis to operate a taxi company in the City of Clearwater. (CLK) Mr. John Lewis of "Yellow Cab" in Largo, Fla., wishes to extend the services of his cabs to include the City of Clearwater. Pursuant to City Code Section 71.01(c), registration of his current occupational license from another jurisdiction must be obtained. The Clearwater occupational license code requires Commission approval for the issuance of a permit to operate a taxi company in the City of Clearwater. In accordance with Section 61.22, Code of Ordinances, Mr. Lewis has obtained the required approval through the Police Department. Charles Lykes, representing Clearwater Yellow Cab, Cam Jo, Inc., expressed concerns regarding the occupational license procedure not being followed and the use of the business name "Yellow Cab." John Lewis, applicant, indicated he had filled out the necessary applications and said there has been ongoing court litigation in regard to the use of the name "Yellow Cab" by other taxi services. Discussion ensued in regard to the application form and the police background check. The City Attorney indicated he was not aware of any reason not to approve the request. In response to questions, it was indicated an insurance certificate is required before registration can be issued and that Mr. Lewis has licenses to operate in the County and in Indian Rocks Beach. Discussion ensued in regard to what forms had been filed. Alan Weatherhilt expressed concern regarding whether or not the taxi cab ordinance was being enforced properly and said he was unable to review the application. Commissioner Regulski moved to approve the issuance of a registration for an occupational license for taxicab service in Clearwater for "Yellow Cab," 12700 Walsingham Road, Largo, owned by John Lewis, subject to the proper applications having been filed and proof of insurance being submitted. The motion was seconded. Upon the vote being taken, Commissioners Regulski, Nunamaker and Fitzgerald voted "aye," Commissioner Berfield and Mayor Garvey voted "nay." Motion carried. ITEM #38 - Receipt and Referral of Petition for Annexation, IL Zoning and a Land Use Plan Amendment to Industrial for a parcel (1.36 acres) located on the N side of Calumet St. approximately 170 feet W of Belcher Rd., Clearwater Industrial Park, portion of Lot 11 (Capel Industries A90-5, LUP90-6)(PLD) The applicant is requesting annexation to receive City sewer service. The property is currently vacant but is proposed to be developed for use as a manufacturing and light assembly facility. The applicant agreed to submit copies of his site plan to the City for review and to meet all City requirements but is asking for a letter from the City to Pinellas County which will permit him to start construction under County jurisdiction prior to the finalization of the annexation. James Polatty, Planning & Development Director, stated the property is to be developed as a high tech operation for the manufacture of large industrial parts. The proposed development meets all code requirements except for parking. Bobby Capel, applicant, indicated their projects require a large storage area for long durations. He said he has nine employees at the present time and indicated it is a clean operation. Discussion ensued in regard to the parking requirement and how it would be satisfied in the future if the use changed, and it was indicated a developer's or annexation agreement could be considered. Mr. Capel indicated additional property could not be purchased for parking due to deed restrictions and the reluctance of adjacent owners to sell. He also indicated there is a large drainage ditch running through the back of the property which would serve as a retention pond. Discussion ensued in regard to the driveway cut on Calumet possibly becoming a common drive for both Mr. Capel's property and Raybro. Mr. Capel indicated his current lease expires this summer. Commissioner Nunamaker moved to approve the issuance of the sewer availability letter to the County. The motion was duly seconded and carried unanimously. Commissioner Fitzgerald moved to receive this request and refer it to the City Clerk to be advertised for public hearing. The motion was duly seconded and carried unanimously. X - OTHER ITEMS ON CITY MANAGER REPORT ITEM #40 - Update and Status Report on The Center Foundation by Fred Fisher and 1) approve request to enter into agreements to add three "participating agencies", 2) consider user and rental fee schedule for participating agencies, and 3) discuss non-resident fees and reciprocity (PR) The City purchased 15.4 acres of land on Belcher Road for $1.5 million and, on December 29, 1986, entered into an agreement wherein the land was leased to the Clearwater Youth Recreation Center, Inc. (now the Center Foundation, Inc.) for the construction of a major recreation and education complex. During the latter part of 1988, the City Commission approved, subject to annual appropriations, a $1 million contribution to The Center Foundation for construction purposes and to cover the added site costs caused by the difficult-to-develop site and the need to recover one acre of land by installing 1,200 feet of 6 foot concrete culvert. Of this amount, two payments of $250,000 have been made, one on October 6, 1988 and one on October 11, 1989. As justification for this contribution, the City determined the sports facilities would be of direct benefit to the City's Parks and Recreation Department program. Construction of "The Center" is nearing completion and Mr. Fisher has been preparing for the programming and operational phases of the project. These preparations include programming projections from the "Participating Agencies," Clearwater for Youth, UPARC and the City. He wishes to request Commission approval for the addition of three new "Participating Agencies", the YWCA, City of Safety Harbor and St. Petersburg Junior College. Mark Abdo, Facility Manager of The Center Foundation, said the facility is unique and there has been a lot of public interest shown. He praised Mr. Fisher for his efforts on behalf of The Center Foundation. Fred Fisher, Chairman of the Center Foundation, reviewed the requests to add participating agencies, consider user and rental fees and consider non-resident fees and reciprocity. He asked that the Commission consider moving next year's allocation for the Foundation into the current year's budget. Discussion ensued in regard to "reciprocity" and how it relates to individuals that have Safety Harbor and Clearwater addresses who are not in the City limits. It was indicated they would be handled as non-residents unless they belong to another participating agency. Reciprocity would result in City of Clearwater programs that have not been filled by Clearwater residents being available to members of the other participating agencies at the resident rate. Concern was expressed regarding cutting programs and/or services at other City facilities. It was felt the entire budget needed to be reviewed before committing additional funds to the Parks & Recreation Department budget. Discussion ensued in regard to the 40-cent per program hour user fee. Michael Wright, Assistant City Manager, indicated according to the agreement with the Foundation, the Trustees can charge rental fees if there is a shortfall. Mr. Wilson indicated user fees had not been anticipated last budget year. Discussion ensued regarding the terms "user" and "rental" being synonymous. Mr. Wright indicated the City is trying to minimize operating costs. Increasing the number of participating agencies will assist in doing this. He stated that within the next 30 days we will be able to better identify costs. Commissioner Nunamaker moved to approve the request to enter into agreements to add the YWCA, the City of Safety Harbor and St. Petersburg Junior College as participating agencies. The motion was duly seconded and carried unanimously. Discussion ensued in regard to the user fee and how it would be billed to the City. Concern was expressed regarding the Center attracting participants from other facilities resulting in increased cost for those facilities. It was indicated that the City Commission does not have to approve the user fee as that is within the authority of the Center Trustees. Commissioner Nunamaker moved to approve charging non-resident fees with reciprocity for participating agencies. The motion was duly seconded and carried unanimously. Discussion ensued regarding the number of members on the Board of Trustees of the Foundation and the governance structure. The City Attorney indicated the lease agreement needs to be amended to allow the increase in number of members. This item will be agendaed in the future. ITEM #41 - Resolution #90-13 - Supporting the constitutional amendment #3 on the Nov. 3, 1990, ballot limiting unfunded State mandates on cities and counties (CM) Two years ago, the City of Clearwater reviewed the effects of State mandates from FY 85 to 88. It was found that these unfunded mandates were approximately $50,090 as a one-time cost and $1,680,000 in annual costs. The 1989 Legislature passed a proposed amendment to the Florida State Constitution to give Florida citizens an opportunity to vote on the proposal which would limit unfunded State legislative mandates. Commissioner Fitzgerald moved to pass and adopt Resolution #90-13 and authorize the appropriate officials to execute same. The motion was duly seconded. Upon roll call the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. ITEM #42 - Library Board - 1 appointment (CLK) Commissioner Regulski moved to reappoint Carol Nielsen. The motion was duly seconded and carried unanimously. ITEM #43 - Beautification Committee - 1 appointment (CLK) Commissioner Regulski moved to appoint Michele Krentzman. The motion was duly seconded and carried unanimously. ITEM #44 - Airpark Authority - 1 appointment (CLK) Commissioner Nunamaker moved to appoint Marvin Guthrie. The motion was duly seconded and carried unanimously. ITEM #45 - Neighborhood Advisory Committee - 2 appointments (CLK) Commissioner Regulski moved to appoint Kathy Roshia. The motion was duly seconded and carried unanimously. Commissioner Regulski moved to continue the second appointment. The motion was duly seconded and carried unanimously. XI - Other Pending Matters - None. CITY ATTORNEY REPORTS XII - Resolutions ITEM #46 - Resolution #90-9 - Supporting the efforts by Pinellas County to protect the County's potable water well head areas. Commissioner Regulski moved to pass and adopt Resolution #90-09 and authorize the appropriate officials to execute same. The motion was duly seconded. Upon roll call the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. ITEM #47 - Resolution #90-11 - Assessing property owner the costs of mowing or clearing owner's lot. Commissioner Fitzgerald moved to pass and adopt Resolution #90-11 and authorize the appropriate officials to execute same. The motion was duly seconded. Upon roll call the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. XIII - Other City Attorney Items ITEM #48 - Authorization for Settlement - Brice v. City. This claim is for personal injuries occurring on January 29, 1989 involving a traffic accident with a police cruiser. The claimant has suffered permanent partial disability as a result of this accident. Lost wages total $1,305.72 and medical expenses were $4,541.00. A settlement in the amount of $20,000.00 is recommended. Commissioner Regulski moved to approve a $20,000 settlement and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. XIV - City Manager Verbal Reports. The City Manager requested that Tim Dorner be given the opportunity to address the Commission again. (See "Citizens to be Heard" on Page 2.) Mr. Dorner asked that the Commission consider the issuance of a sewer availability letter. He indicated a great deal of time, effort and money has been expended on the predevelopment phase of the project. James Polatty, Planning & Development Director, stated the sewer line has been installed. He indicated Mr. Dorner was informed in January of the required annexation but that he could go through the County process. Nonconformities with City code include 6 parking spaces where 8 are required, a 10 foot rear setback where a 15 foot is required and 47.8 percent open space where 55 percent is required. In response to a question, Mr. Dorner indicated his parcel is surrounded by City property. Commissioner Regulski moved to approve issuance of a sewer availability letter. The motion was duly seconded and carried unanimously. The Commission directed the County be notified regarding the need of properties proposed to be annexed needing to develop to City standards. The City Manager distributed the 1990 prelegislation report from Jim Massie, the City's lobbyist. XV - Other Commission Action. Commissioner Nunamaker welcomed Commissioner Berfield. Commissioner Berfield requested the establishment of an Environmental Public Works Advisory Board. She thanked everyone for their help and support. Commissioner Nunamaker questioned whether input had been received from those individuals who had flooding problems along Stevenson's Creek. The Public Works Director indicated this is scheduled for next meeting and input will be received then. It was indicated all interested parties would be notified. Commissioner Garvey questioned the public hearing being scheduled for April 19th regarding the high and dry boat storage facility. Assistant City Manager Wright indicated this had been done to allow the Commission to address all issues at one time. She thanked everyone for their support and said she was looking forward to addressing the challenges ahead. XVI - Adjournment. The meeting adjourned at 10:45 p.m.