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04/19/1990 CITY COMMISSION MEETING April 19, 1990 The City Commission of the City of Clearwater met in regular session at City Hall, Thursday, April 19, 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. In order to provide continuity for research, the items will be listed in agenda order although not necessarily discussed in that order. III - Service Pin Awards. One service pin was awarded to a City employee. IV - Introductions and Awards. Proclamations - Secretaries Week, 4/22-28/90. V - Presentations. a. Swearing in of four Firefighters The Oath of Office was administered to four Firefighters by the City Clerk. b. Resolution #90-10, Encouraging permanent and comprehensive water conservation efforts by all (CM) Tom Hackett, Water Supervisor, reviewed the City's conservation efforts and modified Phase III restrictions. Commissioner Regulski moved to pass and adopt Resolution #90-10 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. VI - Minutes of the Regular Meeting of April 5, 1990 Commissioner Fitzgerald pointed out two typographical errors: on page 2, 6th paragraph under Citizens to be Heard, first word of last sentence should be "She", not "He;" on page 12, 1st paragraph of Item #40, fourth word of first sentence should be "15.4", not "154." Commissioner Fitzgerald moved to approve the minutes of the regular meeting of April 5, 1990, as corrected. The motion was duly seconded and carried unanimously. The Mayor announced that the item regarding the High and Dry Boat Storage Facility had been withdrawn from tonight's agenda and would be heard at a later date. VII - Citizens to be heard re items not on the Agenda. Ann Wilkens, representing the Chamber of Commerce, North Suncoast Educational Task Force, encouraged support of their efforts to expand the availability of junior and senior level college courses in northern Pinellas County. Five citizens spoke in opposition to the proposed high and dry marina facility at Seminole Boat Ramp. Earl Stanford, representing Belle Haven Mobile Home Park, spoke in opposition of the possible sale of the Gas Division. Barbara Werder stated others may come in regard to the high and dry marina item and asked that it be announced again, later, that it is not on the agenda for tonight. She thanked the Commission for keeping an open mind regarding this issue. VIII - Public Hearings Item #9 - (Cont. from 4/5/90) Resolution #90-12 - Demolition of structures at 915 Engman St. & 1206 Pennsylvania Ave., 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 then 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 heard the case on September 13, 1989 and ordered compliance within 30 days (10/13/89). Mrs. Keno has not complied with the Board's order. The MCEB's September 13, 1989 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. Tom Chaplinsky, Inspector for this case, stated he allowed Ms. Keno all compliance time possible. He reviewed the conditions of the structure emphasizing, among other violations, leaking roofs and termite infestation. He submitted a copy of the inspection report and pictures of the structures. The City Attorney stated the owner, while having had a great deal of correspondence with the City, has presented no objection sufficient to delay action by the City Commission. Commissioner Regulski moved to pass and adopt Resolution #90-12 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 #10 - Public Hearing & First Reading Ordinances #4962-90, #4963-90 & #4964-90 -Annexation, CH Zoning and a Land Use Plan Amendment to Commercial/ Tourist Facilities for a parcel (.63 acres) located on the E side of Coachman Plaza (a private road) approx. 930' N of S.R. 590, Sec. 5-29-16, M&B 33.03 (Merritt LUP90-2, A90-2)(PLD) Annexation is being requested to obtain City sewer service. A vehicle service facility, which is a conditional use under the City CH zoning, is proposed for the currently vacant parcel. The property is accessed by Coachman Plaza Drive, a private drive lying within a 50 foot ingress and egress easement. Gravity sanitary sewer is available to the property. A 20 foot drainage and utility easement lies along the east side of the property. An additional drainage and utility easement will be required over the existing retention pond along the north and east sides of the property. This pond is designed to serve not only the applicant's lot but a portion of the adjoining commercial property. The City Commission, at its March 15, 1990 meeting, agreed to allow the development of the vehicle service facility to proceed under Pinellas County jurisdiction if the only non-conformity with the Land Development Code was the side setback on the south side of the property. The Development Review Committee reviewed the site plan at its March 21, 1990 meeting and found the site plan to be deficient, in addition to the south side setback, regarding 1) parking lot interior landscaping, 2) number of parking spaces and 3) front yard open space. At the April 5, 1990 City Commission meeting, Mr. Benjacob again approached the Commission regarding allowing him to go forward with development in the County prior to finalizing the annexation. The Commission approved his request with conditions and staff issued a letter to the County indicating sanitary sewer is available to the property. Discussion ensued regarding properties to be annexed needing to meet City development requirements. The Planning and Development Director indicated a letter had been forwarded to the County regarding this and he will be pursuing an interlocal agreement with the County to address these concerns. Commissioner Nunamaker moved to approve the annexation, CH zoning and Land Use Plan amendment to Commercial/Tourist Facilities on the subject property. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #4962-90 for first reading and read it by title only. Commissioner Regulski moved to pass and adopt Ordinance #4962-90 on first reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. The City Attorney presented Ordinance #4963-90 for first reading and read it by title only. Commissioner Regulski moved to pass and adopt Ordinance #4963-90 on first reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. The City Attorney presented Ordinance #4964-90 for first reading and read it by title only. Commissioner Regulski moved to pass and adopt Ordinance #4964-90 on first reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. Public Hearing - Second Reading Ordinances Item #11 - Ordinance #4961-90 - Vacating 10' alley, A. B. and Jennie Cates Subdivision, lying W of Lots 1 thru 3, inclusive, and E of Lots 4 thru 7, inclusive (Salvation Army V90-3) The City Attorney presented Ordinance #4961-90 for second reading and read it by title only. Commissioner Fitzgerald moved to pass and adopt Ordinance #4961-90 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. The City Attorney introduced the new Assistant City Attorney, Dick Hull. CITY MANAGER REPORTS IX - Consent Agenda (Items #12-33) - Approved as submitted less Item #29 Leases - Approved. Item #12 - Approve a three year (7/1/90-6/30/93) lease with Peerless Florida Company, Inc. to continue leasing City property located at 1435 S. Greenwood Ave. for a rental fee of $150.00/month. (PW) Item #13 - Approve lease of a portion of the Curtis Fundamental Clearwater Comprehensive School Complex, located on the E side of Holt Ave., from Pinellas County School Board from 5/1/90 to 4/30/92 for the City to provide a location for emergency transitional housing. (PLD) Bids & Contracts - Approved. Item #14 - Purchase of Unisys and other computer hardware from Whitman Computer Systems, St. Petersburg, FL for $26,974.00 and authorize a five year lease/purchase through AT&T Credit Corp.; and purchase of associated software from Southern Data, Inc., Clearwater, FL for $6,060.00 to establish a Local Area Network for the Data Information Services Training Center. (AS) Item #15 - Contract to Honeywell HN Information Systems, Inc. as annual license and maintenance renewal for the Finance Division's Office Automation Computer system for the period 5/1/90 thru 4/30/91 for $14,100.00 (AS) Item #16 - Extend the existing contract (due to expire 6/15/90) through 3/31/91 for new and recap tire services to Don Olson Firestone, Clearwater, FL for an estimated cost of $252,431.00 (GS) Item #17 - Purchase of one Tractor-Loader-Backhoe from Ford New Holland, Inc., Tucker, GA for $24,940.00 (GS) Item #18 - Purchase of one Compaction Trailer from Municipal Sales & Leasing, Inc., Lakeland, FL for $62,500.00, financing to be provided under the City's Master Lease Purchase Agreement with AT&T Credit Corp.(GS) Item #19 - Annual Contract for an estimated 42 tons of sulfur dioxide to Jones Chemical Inc., Clearwater, FL for $17,934.00 (PW) Item #20 - Purchase 500 - 250 CFH gas meters from National Meter Parts, Lancaster, Ohio for $27,350.00 (PW) Item #21 - Authorize payment to the Andros Corp. for the installation of sanitary sewer mains and appurtenances at Oakbrook Plaza on McMullen-Booth Rd. for $10,955.00 (PW) Item #22 - Purchase various sizes of backflow prevention devices for the period 4/19/90 through 9/25/90 from Hughes Supply, Inc., Clearwater, FL for $42,292.72 (PW) Citizens & Staff Requests - Approved. Item #23 - Request from the Fun n' Sun Festival, Inc. to waive City fees and charges for five 1990 Festival Events and grant permission to the Fun n' Sun Committee to authorize all festival vendors (PR) Receipt & Referral - Received and Referred to proper departments. Item #24 - Annexation, OL Zoning and a Land Use Plan Amendment to Residential/Office for a parcel (.2 acres) located on the SE side of S.R. 580 opposite Countryside High School, approx. 1200' NE of Charles Ave., Ackers Sub., Blk 2, Lot 8 (Doerner LUP90-7, A90-6)(PLD) Item #25 - Annexation, RS-8 District Zoning and a Land Use Plan Amendment to Low Density Residential for a parcel (.16 acres) located at 1457 Otten St., Terra Alto Estates, Lot 7 (Lobil Building Co., Inc. LUP90-8, A90-7)(PLD) Item #26 - Annexation, RS-8 District Zoning and a Land Use Plan Amendment to Low Density Residential for a parcel (.27 acres) located at 1192 Norwood Ave., Oak Acres Add., Unit 1, Blk F, Lot 8 (Bachman LUP90-9, A90-8)(PLD) Item #27 - Draft Concurrency Management System, including the Vested Development Rights, Development Agreement, Traffic Impact Study and Concurrency Management Ordinances to be advertised for public hearing (PLD) City Attorney Agreements, Deeds & Easements - Accepted less Item #29 Item #28 - Sanitary Sewer Lien Agreement - Oak Acres Addition, Unit I, Blk F, Lot 8 (Bachman) Item #29 - See below. Item #30 - 20 Ft. Wide Drainage Easement - Sever Park, portion of Lot 1 (South Gate Park, Inc.) Item #31 - 10 Ft. Wide Utility Easement - Sever Park, portion of Lot 1 (South Gate Park, Inc.) Item #32 - Sidewalk Easement - Dellwood Heights Sub., Blk A, N 17' of Lots 3 thru 6, and N 19' of Lot 7 (Telford/Compton) Item #33 - 10 Ft. Wide Water Main Easement - Sec. 12-29-15 (Palmetto Business Park Partnership) Commissioner Nunamaker moved to approve the Consent Agenda as submitted less Item 29 and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. Item #29 - Annexation Agreement - SW 1/4 Sec. 1-29-15, Pinellas Groves Subdivision, portion of Lots 1 & 2 (Sauder) The applicant owns property on Sunset Point Road which is currently outside the City limits. He wishes to develop the property and is asking to enter into an annexation agreement with the City which would set down the parameters for the development in return for the City providing utility services. Discussion ensued regarding allowing this property to develop although it is not in strict accordance with the City's land development code. In response to a question, it was indicated the proposed zoning for the property when it is annexed into the City is CN (Neighborhood Commercial). It is currently zoned commercial in the County. The Planning and Development Director stated there are two issues with the site plan: 1) the City requires 33% open space whereas the plan only provides 24% and 2) a 6% interior landscaping requirement is only met by 1%. He stated the applicants have reduced the size of the building and parking is adequate. Specific concerns were raised regarding page 5, paragraph #9 indicating that the City finds the annexation development agreement and the development consistent with the City's comprehensive plan and land development regulations. It was stated that while it is consistent with the comprehensive plan, it is not consistent with the land development regulations. Jim Baxter, representing the owner, stated Mr. Sauder, the owner, started development in the County and found he needed a letter of sewer availability from the City. He stated Mr. Sauder has come close to the regulations in the CN zoning requirements. He stated they wish to complete the project prior to the end of the year and have made a good faith effort to address the City's concerns. Discussion ensued regarding having two driveway cuts and whether or not they were necessary. Mr. Baxter indicated everything in regard to meeting concurrency requirements has been completed with the curb cuts indicated. The only thing lacking is the sewer and water availability. Discussion ensued regarding eliminating a loading space and driveway allowing more interior landscaping, and it was indicated that it would only increase landscaping by approximately 1%. The City Attorney indicated the applicants have based this agreement on the proposed development agreement ordinance and they have made efforts to meet the City's requirements. Commissioner Regulski moved to approve the annexation agreement as amended on page 5, paragraph #9 to read as follows: "Findings of the City, The City finds that this Annexation/Development Agreement and the development is consistent with the City's comprehensive plan." The motion was duly seconded and carried unanimously. X - Other Items on City Manager Reports Item #34 - Contract for Stevenson's Creek - Phase I to S & E Contractors, Inc., Clearwater, FL for $1,199,685.00 (PW) This contract is the first phase of construction of a four phase project to improve the hydraulic efficiency and reduce flood water levels during major storm events in Stevenson Creek from Betty Lane to Belleair Road. This project also includes features to improve maintenance of the creek, maintain water quality and enhance the environment. The location of work in this first phase is from Betty Lane to Pierce Street and includes the following: the removal of bottom sediment from Betty Lane to Palmetto Street, the replacement of bridges with box culverts at Palmetto Street and Cleveland Street, the placement of a sediment/removal trap just upstream of Palmetto Street, the construction of an environmental enhancement and mitigation area between the creek and the Clearwater Country Club driving range, channel lining using a fabric formed concrete revetment mat from Drew Street to Cleveland Street, and the lining of the channel bottom with reinforced concrete between existing retaining walls from Cleveland Street to Drew Street. All environmental regulatory permits have been received for this work. The project will be scheduled to begin in May. The contract time is 240 calendar days, completion is projected around January, 1991. Acquisition of easements along the creek bed was started early in 1989 and will be continuing as work progresses upstream. The City Manager stated staff's desire is to produce flooding attenuation as well as protect the environment. William C. Baker, Public Works Director, stated the contract's primary objective is to eliminate flooding in people's homes, however, it is not insensitive to other issues. He reviewed the history of the creek stating it is an urban tributary with flooding and chemical runoff pollution problems. He reviewed the alternatives, which had been investigated by staff, stating that staff's preferred choice is an option that provides for flood alleviation and environmental mitigation at a cost of $5.1 million. Kevin Ruesch, Environmental Consultant hired by the City stated Stevenson's Creek only has habitat along the creek bank; it is not quality habitat and equals less than 5 acres along the entire stream. He stated less than 1-1/2 acres of that is vegetated. The high disturbance of the water prohibits vegetation in the creek, and there is minimal potential for water quality enhancements. He stated four benefits from the project would be 1) the small amount of vegetation lost will be replaced, 2) collection of sediment and pollutants will occur, 3) a trash barrier is included which will further enhance the cleanliness of the creek and 4) hardlining will keep the side banks from eroding and depositing sediment downstream. He stated even if the City had the money, he would have a hard time recommending tearing down homes and condemning land in order to enhance the environmental aspects of the project. Mr. Baker reiterated that SWFWMD (Southwest Florida Water Management District) is in favor of the project and has agreed to participate by paying half the cost of phase 1. He stated all permits needed have been received and that was based on the recognition of the need to alleviate the flooding and the environmental impacts. He stated the City will be replacing, square foot per square foot, better wetlands than it will be eliminating. He stated the City is pursuing enhancements to stormwater management and other environmental concerns. Eighteen citizens spoke in opposition to the awarding of the contract citing mainly loss of habitat for wildlife. Some concerns were expressed that additional dredging needed to be done in the harbor at the mouth of the creek. Concerns were expressed that the public was unaware of the project and had not had an opportunity for input. Some suggestions were made that alternative proposals be considered and that an independent evaluation was needed. Nine people spoke in support of the project stating they have been flooded out several times and there is a need to alleviate this problem. Mr. Baker addressed some of the concerns that were expressed stating the proposed project will relieve sediment problems in the creek. He stated while some of the creekbed will be hardlined, the City will be developing a wetlands area that replaces one on one the wetlands eliminated by the hardlining. Staff has examined every alternative which has been presented and still feels this is the best alternative. In response to a question, he indicated phase 1 will have the least amount of hardlining of the entire project. Discussion ensued regarding the need to address the flooding problems and take environmental concerns into consideration at the same time. Commissioner Regulski moved to award the contract for Stevenson's Creek, Phase I (88-17) to S & E Contractors, Inc. of Clearwater, Fla. for the sum of $1,199,685.00 which is the lowest most responsive and responsible bid submitted in accordance with plans and specifications. The motion was duly seconded. Upon the vote being taken, Commissioners Regulski and Nunamaker and Mayor Garvey voted "aye." Commissioners Fitzgerald and Berfield voted "nay." Motion carried. The Commission recessed from 9:55 to 10:10 p.m. Item #35 - Impact fee relief for Post Court project (CM) The relevant data related to whether or not the Post Court Development should be subject to paying the additional water and sewer impact fees is as follows: - Final site plans approved 12/28/89 - Building plan submitted 12/28/89 - Engineering sign-off 02/12/90 - Plan comments sent to developer 02/26/90 - Impact Fee Ordinance passed Second Reading 03/01/90 - Utility sign-off 03/13/90 - Developer resubmitted plans 03/30/90 - Ordinance effective date 04/01/90 - Developer inquired as to permit status 04/04/90 - Fire Department sign-off 04/10/90 - Permit ready for issuance 04/13/90 Some of the properties and projects that may potentially be affected by a decision of the City Commission to exempt this project from the higher impact fees include: - Regency Oaks Condominium: $76,400 additional impact fees. Site plan certified 11/22/89; building plans submitted 12/22/89; Engineering sign-off 1/26/90; Utility review still pending. - Florida VOA Housing: $23,650 in additional impact fees. DRC approval on 9/14/89 and the site plan was not certified as of 4/16/90. - Pinellas County VOA Housing: $15,910 in additional impact fees. DRC approval of 9/13/89 and the site plan was not certified as of 4/16/90/ Building plans under review. - Parker Manor: $2,720 in additional fees. Building plans submitted 11/22/89. Site plan has not been certified. - Mobil Oil, 1496 South Belcher Rd.: $430 in additional fees. Building plans submitted 12/1/89; Engineering sign off 12/28/89; Utility review pending. - Regency Oaks Nursing Home: No determination yet of additional costs for this 120 bed nursing home. Building plans submitted 3/30/90. - 801 Lakeview Office Building: $430 in additional impact fees. Building plans submitted 1/5/90; Utility sign off 3/20/90; Engineering comments pending. - Congo River: $430 in additional fees. Building plans submitted 2/14/90; Engineering sign off 4/2/90; Utility sign off 4/3/90. - Sunset Point Office Building; $430 in additional impact fees paid by developer. Building plans submitted 1/10/90; building permit issued after 4/1/90. The total increased revenue that could be lost by a decision to exempt the projects above is $120,400. If we include the Post Court project (approx. $88,440) the figure increases to an approximate total of $208,800. The City Attorney indicated, if the decision is to exempt Post Court from other development, the Commission would have to look at the entire "pipeline" to establish an effective date of the increased impact fees. He indicated the ordinance requires the fee to be payable upon application for the building permit. In response to a question, the Planning Director indicated the project titled Florida VOA Housing submitted building plans on the 13th of September, 1989. Curtis DeYoung, representing Post Court, indicated this is a proposed apartment complex for which planning was started in 1987. However, at that time, the market for apartments was not good but now that market has improved. During that time there were building code changes and, therefore, the site plan had to be revised. The revised site plan was submitted in December of 1989. He stated as late as March 29, 1990, questions were raised regarding the amount of impact fees for projects and they were given the current rate with no mention of the change to take place on April 1st. He stated an additional $88,000 in fees would be assessed if the Commission does not allow them to develop under the old impact fee structure. Discussion ensued regarding the need to include in ordinances changing fees a window to protect jobs in progress. Commissioner Regulski moved to approve the lower previous impact fee rates for the Post Court Development. The motion was duly seconded and carried unanimously. Commissioner Regulski moved that projects that submitted building plans prior to April 1, 1990 be afforded the pre-existing impact fee schedule. The motion was duly seconded and carried unanimously. Item #36 - Purchase one Container Trailer from M.D. Moody & Sons for $8,076.00 and a Container Handler from Jim Hardee Equipment for $17,680.00 for a combined cost of $25,756.00 (PW) The Sanitation Division has established five drop-off centers as part of their Recycling Program. There are plans to open five additional drop-off centers in the near future. The method of servicing the existing drop-off centers is very labor intensive and takes a great deal of time. The acquisition of this equipment will enable the Sanitation Division to mechanize collection of their drop-off centers. This will allow the Division to continue to fulfill the requests from our citizens for additional drop-off centers. Matina Wagner, Recycling Coordinator, stated the handler will accommodate the handling of large dumpsters, and the trailer will transport more than one container at a time reducing the number of trips required to transport material to the transfer station. She reviewed the recycling programs of the City. Commissioner Regulski moved to award a contract to M.D. Moody & Sons for the purchase of one (1) container trailer at a cost of $8,076 and to Jim Hardee Equipment for the purchase of one (1) container handler at a cost of $17,680. The motion was duly seconded and carried unanimously. Item #37 - Clearwater Beach Task Force (CM) At the April 16, 1990 work session, the City Commission reconfirmed that the membership of the Task Force should be composed of representatives of 1) Clearwater Beach Association, 2) Clearwater Innkeeper's Association, 3) Chamber of Commerce, 4) Clearwater Beach (Resort) Motel Association and 5) Clearwater Beach Merchants Association and ten members being appointed by each Commissioner naming two individuals, for a total membership of the main Task Force set at 15 members. Additional direction was given that the Task Force be authorized to appoint sub-committees as needed for specific topics. The City Commission could provide the names of individuals who have expressed interest in serving on the Task Force, but are not appointed to the Task Force, for consideration as appointments to a sub-committee. Clearwater residency would be required of the ten members appointed by the Commission members to the main Task Force. Residency will not be required of the representatives of the five organizations or individuals being appointed to sub-committees. Commissioner Regulski moved to approve a 15 member Clearwater Beach Blue Ribbon Task Force made up of five members appointed by the organizations listed, the remaining ten to be designated by each Commissioner appointing two Clearwater residents. The motion was duly seconded and carried unanimously. Item #38 - Resolution #90-15 - opposing governor's proposal to reduce one half cent sales tax trust fund (CM) Commissioner Fitzgerald moved to pass and adopt Resolution #90-15 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 #39 - Appointment of Vice-Mayor (CLK) Article II, Section 2.05 of the City Charter states "At the second Commission meeting in April of each year, the Commission shall elect one of its members as Vice-Mayor. The Vice-Mayor shall act as Mayor-Commissioner during the absence or inability of the Mayor-Commissioner to perform the duties of the Office of the Mayor." Commissioner Nunamaker moved to appoint Commissioner Fitzgerald as Vice-Mayor. The motion was duly seconded and carried unanimously. Item #40 - Appointment of Commissioners to various boards (CLK) The City Commission is requested to appoint representatives to various boards that deal with issues affecting the City. The proposed appointees are: Board Delegate Tampa Bay Regional Planning Council (TBRPC) Fitzgerald Pinellas Planning Council (PPC) Berfield Metropolitan Planning Organization (MPO) Regulski Florida League of Cities Board of Directors Garvey Pinellas Industry Council Nunamaker Performing Arts Center & Theater Board of Directors (PACT) Berfield EMS Advisory Council Garvey Mayor's Council of Pinellas County Garvey Joint School Board Meeting (2) Garvey, Berfield Suncoast Municipal League Fitzgerald Commissioner Regulski moved to appoint those members as proposed. The motion was duly seconded and carried unanimously. XI - Other Pending Matters - None. CITY ATTORNEY REPORTS XII - First Reading Ordinances Item #41 - Ordinance #4965-90 - Vacating North-South alley, Harts 2nd Subdivision to the Town of Clearwater, Blk 3, lying W of and adjacent to Lot 10 and an alley as shown on the plat of Ft. Harrison Subdivision (Gulf Marine V90-2) The City Attorney presented Ordinance #4965-90 for first reading and read it by title only. Commissioner Regulski moved to pass Ordinance #4965-90 on first reading. 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 #42 - Request to take Ordinances #4937-90, #4938-90 & #4939-90 off the table (Hardy/Wee Care A89-25, LUP89-20) A request was received from Sarah & Bob Hardy/Wee Care Preschool to continue with second and final reading of the above referenced ordinances as they now have the needed financing to continue with their project. Commissioner Regulski moved to remove from the table Ordinances 4937-90, 4938-90 and 4939-90. The motion was duly seconded and carried unanimously. Item #43 - Approval to file amicus curie (friend of the court) brief in State v. Andrews The City has a case involving a wrongful death claim resulting from the drowning of Ross Pelz in the intercostal waterway adjacent to the small area on Sand Key. We were able to obtain a summary judgment in the City's favor based upon the argument that the area in question was not a designated swimming facility. The plaintiff has appealed the summary judgment and her appeal is pending before the Second District Court of Appeal. The Second District Court of Appeal recently decided a case with similar facts involving the State of Florida. That case involves a drowning that occurred on a State owned beach known as Dog Beach located in Dunedin. The State of Florida had obtained a summary judgment on the same grounds that we were able to obtain a summary judgment. The Second District Court of Appeal reversed stating that whether Dog Beach was a designated swimming facility was a question of fact to be determined by a jury. Our case has more favorable facts than the State's case. There are other facts pointing to a finding that the area in question in that case is a designated swimming facility; however, the central legal issue in our case is the same as in the State's case, that is, how do you determine what is a designated swimming facility. We have been contacted by the attorneys defending the State to inquire as to the City's interest in filing an amicus curie brief. These briefs are frequently filed by parties that have an interest in litigation that they are not a part of. Initially, we would urge the Supreme Court to review the Second District's opinion on the ground that the Second District's opinion conflicts with the Warren v. Palm Beach County case. Secondly, we would be filing a brief to provide the court with the facts of our case and thereby make the Supreme Court more aware of our more favorable facts situation. If the City chooses not to file such a brief, it is quite possible that a decision could be made by the Supreme Court that would govern our case without the City having the opportunity to be heard. Mr. Alan Zimmet, City's outside counsel in this case, is willing to file this brief for a charge of no more than $7,500 although he does not anticipate the cost will be this high. Commissioner Regulski moved to approve the filing of an amicus curie brief at a cost not to exceed $7,500. The motion was duly seconded and carried unanimously. XIV - City Manager Verbal Reports a. Rescheduling Budget Workshop The City Manager requested consensus to reschedule the Budget Workshop scheduled for April 25th to May 7th at 9:00 a.m. at the East Library. Consensus was given. The City Manager reported attempts to get bids for the Airpark Fixed Base Operator had been unsuccessful again. He will try to negotiate a new contract with Mr. Emshoff of Suncoast Aviation. XV - Other Commission Action Item #44 - July 1990 Meetings Due to the July 4th holiday and other out of town obligations, a suggestion was made to cancel the meeting of July 5, 1990. Also, in reviewing the schedule for setting the TRIM millage, it was found that a special meeting will possibly be needed on July 12, 1990 for that purpose. As soon as a date can be confirmed, the City Commission will be asked to establish a meeting date for the purpose of setting the TRIM millage rate. If the July 5th meeting is cancelled and items arise that should be addressed prior to the next regular meeting of July 19th, they will be added to the agenda for the special meeting. Commissioner Fitzgerald moved to cancel the July 5, 1990 meeting. The motion was duly seconded and carried unanimously. Commissioner Regulski requested staff inquire regarding the possibility of FDOT (Florida Department of Transportation) putting in a curb at the intersection of Cleveland and Gulf-to-Bay Boulevard with the City providing landscaping. Commissioner Fitzgerald thanked the Commission for appointing him Vice-Mayor. The City Attorney announced an April 20, 1990 half-day seminar regarding legal issues for elected officials. Mayor Garvey questioned if staff had investigated the legality of a rotating sign at Court Street and Missouri Avenue. Staff reported it is illegal and the Code Enforcement process has been initiated. She questioned the status of the driveway at First Florida Bank on Belcher Road at Drew Street. It was indicated the City has installed necessary curbing to make it right turn in, right turn out. The Mayor questioned a memo indicating the City would be assuming some maintenance at the entry of Island Estates. It was indicated the City would be cutting the grass and edging and the Island Estates Home Owners Association would maintain plantings. She requested review of the Adopt-a-Park policy. She questioned if there were any state legislative bills the City Commission wished staff to express support or opposition of. No consensus. XVI - Adjournment The meeting adjourned at 11:33 p.m.