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05/03/1990 CITY COMMISSION MEETING May 3, 1990 The City Commission of the City of Clearwater met in regular session at City Hall, Thursday, May 3, 1990 at 6:01 p.m., with the following members present: Rita Garvey Mayor/Commissioner Lee Regulski Commissioner William Nunamaker Commissioner Richard Fitzgerald Commissioner Sue A. 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 Reverend Norman Howard, Good Samaritan Episcopal Church. 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. Two service pins were awarded to City employees. IV - Introductions and Awards. Proclamation - Professional Record Management Week, 5/7-11/90. V - Presentations - None VI - Minutes of the Regular Meeting of April 19, 1990 Commissioner Regulski moved to approve the minutes of the regular meeting of April 19, 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. David Stone, President, Chamber of Commerce, and Major Martin, President, Coalition of Homeowners, spoke in support of the investigation of the possible sale of the gas system. Louis Cottone stated the owners of Capri Mobile Home Park are not meeting requirements of code and are overcharging renters. He stated Scott Shuford, Planning Manager, has toured the park with him and he indicated he will continue to pursue his concerns. VIII - Public Hearings Item #9 - Resolution #90-16, authorizing the placement of liens on properties for unpaid utility bills (AS) The property owners noted on the lien proposal listing have delinquent accounts with the utility system for amounts over $100.00. The Utilities Finance Division has notified the property owners of their indebtedness and the fact the City may file a lien on their property for the amount of the delinquent account. These property owners were sent notification of the public hearing by the City Clerk on April 23, 1990. These delinquent accounts range in age from 10 months to 2 years and 5 months; the owners have been notified several times regarding the delinquency. Commissioner Regulski moved to approve the placement of liens on the properties. The motion was duly seconded and carried unanimously. Commissioner Fitzgerald moved to pass and adopt Resolution 90-16 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 #4966-90 & #4967-90 - Land Use Plan Amendment to Recreation and a Zoning Amendment to Open Space/Recreation for a parcel (.4 acres) located on the N side of Cleveland St., approximately 120 feet E of N. Garden Ave., Sec. 16-29-15, portion of M&B 11.03 (City LUP90-3, Z90-2)(PLD) This request is to permit a City owned parking lot to be converted to a City park. The Clearwater Comprehensive Plan, Policy 24.33 recognizes the need for supplemental mini-parks in District 2C, in which this area is located. The Planning and Zoning Board's public hearing was continued until May 15, 1990 due to a lack of a quorum. Therefore, the Board's recommendation will be given to the City Commission verbally prior to the second reading of the ordinance (scheduled for May 19, 1990). Commissioner Regulski moved to approve the requested land use plan and zoning amendments. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #4966-90 for first reading and read it by title only. Commissioner Regulski moved to pass Ordinance #4966-90 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 #4967-90 for first reading and read it by title only. Commissioner Nunamaker moved to pass Ordinance #4967-90 on first reading. The motion was duly seconded. Upon roll call the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. Item #11 - Public Hearing & First Reading Ordinances #4980-90, #4981-90, #4982-90 & #4983-90 Relating to the Concurrency Management System (PLD) The four ordinances address the following components of concurrency management: (1) Traffic Impact Studies (Ordinance No. 4980-90) (2) Development Agreements (Ordinance No. 4981-90) (3) Concurrency Management (Ordinance No. 4982-90) (4) Vested Development Rights (Ordinance No. 4983-90) The Planning and Development Director reviewed the ordinances. He read a letter supporting the ordinances from the Chamber of Commerce into the record. He indicated the Planning and Zoning Board has reviewed the ordinances and he distributed a memo outlining their comments. Any changes needed to these ordinances can be made at second reading. Some concerns of the Planning and Zoning Board need further study and can be addressed as Land Development Code amendments are being done to come into compliance with the Concurrency Management System. The Traffic Impact Study ordinance is a modification to a previously adopted ordinance establishing a traffic impact study requirement for developments occurring on critical roadways. The proposed amendment would eliminate the requirement for a traffic impact study for development projects that affect roadways having a level of service of "C" or above. This would remove a potentially expensive requirement for development along roadways which have more than sufficient capacity to handle that development. The Planning and Development Director indicated this ordinance would be changed to have an effective date of May 17, 1990. The City Attorney presented Ordinance #4980-90 for first reading and read it by title only. Commissioner Fitzgerald moved to pass Ordinance #4980-90 on first reading. The motion was duly seconded. Upon roll call the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. The Development Agreement ordinance establishes a system for negotiated development rights. The ordinance sets out procedures to be followed to permit development projects to receive longer term commitments of local government approval than is provided under standard land development regulations. The ordinance provides a mechanism by which the City and a developer can negotiate appropriate development types and intensities for a parcel of property and these negotiated development rights can be "locked in" for a specific period. This provides the City and the developer with assurances that the property will be developed in accordance with an approved plan. The development agreement process is particularly useful for promoting annexations and for meeting concurrency requirements. The City Attorney presented Ordinance #4981-90 for first reading and read it by title only. Commissioner Regulski moved to pass Ordinance #4981-90 on first reading. The motion was duly seconded. Upon roll call the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. The Concurrency Management ordinance establishes the system under which the City's concurrency requirements will be managed. All local governments are required by State law to address concurrency for six public services: water, sewer, drainage, solid waste, parks and recreation, and roads. Clearwater is fortunate in that its adopted level-of-service standards for five of these six services are not expected to be exceeded for the foreseeable future, given existing service capacities and anticipated growth and development rates. However, like many other communities in Florida, Clearwater faces concurrency problems with regard to roads. The City Attorney presented Ordinance #4982-90 for first reading and read it by title only. Commissioner Fitzgerald moved to pass Ordinance #4982-90 on first reading. The motion was duly seconded. Upon roll call the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. The Vested Development Rights ordinance establishes conditions under which developments can be considered to be vested for purposes of concurrency, and outlines procedures for processing requests for vesting determinations. Vested development projects will be permitted to be constructed whether or not the projects meet concurrency requirements, so it is extremely important to clearly and carefully describe what types of development projects are considered to be vested. Gordon Schiff, representing Principal Mutual Insurance Company, requested consideration be given to vesting existing legal nonconformities. Timothy A. Johnson requested language be added that provides relief to those developments for which plans have been submitted and are well along in the process. He submitted proposed language. This will be addressed by the second reading of the ordinance. The City Attorney presented Ordinance #4983-90 for first reading and read it by title only. Commissioner Nunamaker moved to pass Ordinance #4983-90 on first reading. The motion was duly seconded. Upon roll call the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. Item #12 - Rezoning/Master CPD Site Plan/Preliminary Subdivision Plat for Loehmann's Plaza, Lot 1 and 2, located at the NW corner of US 19 and NE Coachman Road, Sec. 6-29-16 and Sec. 7-29-16, 19.851 acres (Principal Finance Group Z90-1) (PLD) The applicant has requested this item be continued to May 17, 1990. Commissioner Regulski moved to continue this item to the regular meeting of May 17, 1990. The motion was duly seconded and carried unanimously. Item #13 - Declare as surplus for subordination to Florida DOT the utility interests in a 35 square foot triangle located at the SE corner of Drew St. and Betty Ln.; authorize City officials to execute documents regarding the Utility Interest and approve Resolution #90-14 (PW) The Florida Department of Transportation (D.O.T.) is in the process of preparing to make improvements on Drew Street from Greenwood Avenue east to Lady Mary Drive. These improvements include widening Drew Street on the South side up to six (6) feet and widening the North side up to fourteen (14) feet. The widening is being done to provide room for turn lanes at the following intersections between Greenwood Avenue and Lady Mary Drive: Drew St. and Greenwood Ave. (turn lane on Greenwood Ave. southbound) Drew St. and Madison Ave. (left turn lane added to Drew St.) Drew St. and Missouri Ave. (turn lanes on both Missouri Ave. & Drew St.) Drew St. and Jefferson Ave. (left turn lane added to Drew St.) Drew St. and Lincoln Ave. (left turn lane added to Drew St.) Drew St. and Betty Lane (left turn lane added to Drew St.). In order to facilitate this project, D.O.T. is requesting that the City of Clearwater subordinate their utility interest in a small portion (35 sq.ft.) of a right of way easement. The City acquired the right-of-way easement at this intersection from General Telephone Company of Florida on July 29, 1976. The easement covers the west 20 feet of Lots 4 through 8 of F.A. Kennedy's Fair Lane Addition. The 35 square foot triangle is located on the Northwest corner of Lot 4. Commissioner Regulski moved to declare as surplus for subordination to the Department of Transportation the utility interests of the requested 35 square foot triangle located at the southeast corner of Drew Street and Betty Lane. The motion was duly seconded and carried unanimously. Commissioner Fitzgerald moved to pass and adopt Resolution #90-14 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. Second Reading Ordinances Item #14 - Ordinance #4937-90 - Amending land use plan to change designation for property annexed in Ordinance #4939-90 from None to Public/Semi-Public Section 21-28-16, M&B 23.11 (Hardy/Wee Care LUP89-20) Commissioner Regulski moved to amend Ordinance #4937-90 as follows: In the title delete "Land Use Element" and substitute "Future Land Use Plan Element"; in Section 1, delete "Section 1 of Ordinance 2019" and substitute "The future land use plan element of the Comprehensive Plan of the City of Clearwater." The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #4937-90 as amended for second reading and read it by title only. Commissioner Regulski moved to pass and adopt Ordinance #4937-90 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 #4938-90 - Zoning property annexed in Ordinance #4939-90 as Public/Semi-Public (P/SP) Section 21-28-16, M&B 23.11 (Hardy/Wee Care A89-25) The City Attorney presented Ordinance #4938-90 for second reading and read it by title only. Commissioner Regulski moved to pass and adopt Ordinance #4938-90 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 #4939-90 - Annexing property located at 3130 McMullen-Booth Rd., Section 21-28-16, M&B 23.11 (Hardy/Wee Care A89-25) The City Attorney presented Ordinance #4939-90 for second reading and read it by title only. Commissioner Fitzgerald moved to pass and adopt Ordinance #4939-90 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 #4962-90 - Amending land use plan to change designation for property annexed in Ordinance #4964-90 Section 5-29-16, M&B 33.03 from Unclassified to Commercial/Tourist Facilities (Merritt LUP90-2) The City Attorney presented Ordinance #4962-90 for second reading and read it by title only. Commissioner Regulski moved to pass and adopt Ordinance #4962-90 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 #18 - Ordinance #4963-90 - Zoning property annexed in Ord. #4964-90 as Highway Commercial (CH) Section 5-29-16, M&B 33.03 (Merritt A90-2) The City Attorney presented Ordinance #4963-90 for second reading and read it by title only. Commissioner Fitzgerald moved to pass and adopt Ordinance #4963-90 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 #19 - Ordinance #4964-90 - Annexing property located on E side of Coachman Plaza (a private road) approx. 930' N of S.R.590, Sec. 5-29-16, M&B 33.03 (Merritt A90-2) The City Attorney presented Ordinance #4964-90 for second reading and read it by title only. Commissioner Regulski moved to pass and adopt Ordinance #4964-90 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 #20 - Ordinance #4965-90 - Vacating North-South alley, Harts 2nd Subdivision, 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 second reading and read it by title only. Commissioner Fitzgerald moved to pass and adopt Ordinance #4965-90 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 #21-34) - Approved as submitted. Agreements - Approved Item #21 - Agreement with "Christian Youth Sports, Inc." (Countryside Junior Cougars), to allow them to utilize the Countryside Sports Complex Concession Building and Pressbox/Storage Building, for their in-season activities and off-season storage (PR) Bids & Contracts - Approved Item #22 - Contract to Harv-Air, Inc., Lutz, FL to replace the air conditioner in the Main Library for $33,240.00 (GS) Item #23 - Purchase 225 protective helmets from The Helmet Company, Montpelier, ID for $71.50 per helmet (which includes face shield) for a total of $16,087.50 (PD) Item #24 - Purchase of ten Toshiba Model 1200 HB Laptop Computers from INACOMP Computer Center, Clearwater, FL for $17,980.00 (PD) Item #25 - Delivery of approx. 800 yards of Sandy Soil by Emmett McCabe Trucking Inc., Seminole, FL for $4,280.00 and approx. 2,000 yards of Red Ballfield Clay for $20,500.00 (PR) Item #26 - Purchase two Flomatcher variable-speed pump control units from Brasfield & Gorrie Inc., Birmingham, AL for $84,000.00 (PW) Item #27 - Purchase miscellaneous brass water fittings from A & P Water and Sewer Supply, Tampa, FL for $39,002.06 (PW) Item #28 - Purchase of annual supply of Traffic Paint for roadway and parking lot striping from Pride of Florida, Clearwater, FL for $11,748.00 (PW) Change Orders - Approved Item #29 - C.O.#1 for the 1989-90 Street Resurfacing Contract (89-31) to R.E. Purcell Construction Company, Inc. increasing the contract by $28,130.00 for a new total contract price of $659,075.50 (PW) Item #30 - C.O.#2 and Final for Addition & Alterations to Jack Russell Stadium (89-26B) increasing the contract amount by $9,900.00 for a new total contract price of $502,446.00 (PW) Plans & Plats - Approved Item #31 - Preliminary Master Site Plan for Unity Church of Clearwater located at 2465 Nursery Rd., South Haven Sub., Lots 1, 2 & 3, M&B 43.02, 5.98 acres (PSP90-06) (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 shall be recorded for unification of all parcels on the site plan as one development, prior to certification of the site plan; 2) the property dimensions and setbacks shall be dimensioned on the site plan prior to submittal of the final site plan for review by the D.R.C.; 3) the proposed driveway on the South Haven Drive shall be deleted from the site plan prior to submittal of the final site plan for review by the D.R.C.; and 4) signs and fencing/walls are subject to separate review and permitting processes. Item #32 - Preliminary Site Plan for Latchkey Services for Children, Inc. (Preschool and Office Building), located on the E side of Hercules, S side of Rogers St., Midway Sub., Lots 13-24, 2.5 acres (Morritt Homes, Inc. PSP90-05)(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) the applicant shall obtain conditional use approval from the Planning and Zoning Board for the children's day care center use prior to submittal of a final site plan for review by the D.R.C.; 2) the applicant shall obtain vacation approval of the right-of-way for Central Boulevard or the site plan shall be revised accordingly prior to certification of a final site plan; 3) the areas designated for interior landscaping shall be delineated by shading or crosshatching on the final site plan for review by the D.R.C.; 4) the required loading space and location of the sidewalks are subject to approval by the Traffic Engineer, prior to submittal of the final site plan for review by D.R.C.; and 5) signs and fencing/walls are subject to separate review and permitting processes. Item #33 - Preliminary Subdivision Plat for The Estates at Sand Key (a 39 lot single family subdivision), located on undeveloped property previously site planned as The Harborage, E of Gulf Blvd., S of Marina Del Rey Townhouses, M&B 11.01, 12.01 & 12.03, 12.34 acres (Marden Enterprises, Inc. SUB90-01)(PLD) - Authorize review of plat with final action by the Development Review Committee (D.R.C.) subject to the following conditions: 1) either cul-de-sacs or vehicular easements to be provided on the adjacent properties at the ends of the single family development shall be shown on the preliminary plat prior to submittal for D.R.C. review; 2) either the applicant must obtain approval from D.R.C. of a variance to the minimum 60 foot wide right-of-way requirement or the plat must be revised accordingly; 3) the requisite sidewalk and sidewalk easement shall be shown on the preliminary plat prior to review by the D.R.C.; and 4) signs and fencing/walls are subject to separate review and permitting processes. City Attorney Agreements, Deeds & Easements - Accepted Item #34 - Drainage & Utility Easement - Pinellas Groves, portion of Lot 7 (James K. Higgins Family Trust/C. A. Johnson II) Commissioner Fitzgerald 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. X - Other Items on City Manager Report Item #35 - Negotiate terms of delivery and installation for a Utility Billing/ Customer Information System, consisting of hardware and software from Network Computing Corporation, Charlotte, NC for $405,110.00 (AS) The decision to recommend the NCC Utility Billing/Customer Service System was made based on several factors: the unanimous consensus of the software selection team, the superior flexibility of the system and the excellent support offered by the vendor. Although the initial cost of the NCC system is higher due to the purchase of new hardware, it is projected that the City will realize a net savings during the next five (5) years. This projection is based on the lower cost of additional mini-computer packages and anticipated hardware expenses associated with continued expansion of the UNISYS mainframe, as determined from user information gathered during this project. The support from the Police Department for moving the UNISYS A-6 mainframe to their building and the resultant increase in reliability and date accessibility would allow the City to purchase the NCC product while still fully utilizing the current computer assets of the City. Betty Deptula, Administrative Services Director, reviewed the sequence of events leading up to the need to purchase the new utility billing system. She stated the current utility system is 12 to 15 years old, inflexible and unreliable. The City will be unable to do a stormwater utility using the existing software. She emphasized it is a very manual time consuming effort and many things being requested cannot be done under the current system. She stated the selection committee invested countless hours in evaluating the systems and came up with two finalists, Moore Governmental Systems, Inc. running on UNISYS equipment, and NCC running on deck equipment. The committee strongly believes the NCC system is the best system for the City. She stated the Budget Advisory Committee supports staff's recommendation. One citizen spoke, as a concerned taxpayer, expressing concerns that money was being spent when the current system is capable of handling the new program. Laura Chase, Data Information Services Manager, stated staff is not recommending eliminating the current A-6 mainframe computer, rather it will be transferred to the Police Department for their use. She stated the system that has been selected by the committee will be less expensive over the long term than by adding to the current mainframe. In response to a question, she indicated the Police Department is having difficulty in getting information on an immediate basis. She stated placing the Police Department's programming on the A-6 and hardwiring it so that there are no phone line connections will enable the Police Department to speed up response time and to protect its data in emergency situations. Lei Ann Carson, representing UNISYS Corporation, stated they are committed to assisting the City in performing these functions. She stated the UNISYS would be less expensive and the Moore software scored higher than the NCC software in the evaluation of the RFP submitted. She stated the Police Department's difficulties can be addressed through other components. She also stated in their evaluation of the utilization on the mainframes that only 20% of the A-4 is being used and 35% of the A-6. A question was raised regarding what options were available to the City when it purchased the A-6 in 1987. The Administrative Services Director responded that at that time a bid was not let for purchase of the new equipment and it was the former staff's recommendation to continue with the UNISYS equipment. Dennis Dall, representing NCC, stated that user acceptance and ownership of the hardware is the main ingredient in success of the new system. He commended staff for their detailed and thorough approach to analyzing the systems to come up with a recommendation for purchase. Laura Chase responded to the comments regarding the percentage of use of the two mainframe computers and stated she has investigated this and when the Police Department is running on the computer aided dispatch, there is only 25% of the computer being used. However, other requirements such as running reports and seeking additional information during the day, the percentage of use is significantly higher. She stated the Police are requiring more and more as time goes on and the system is very busy at this time. Concern was raised regarding staff indicating the submittal of the Moore system had not included upgrade and hardware costs. Laura Chase explained the Moore system proposal had come in a format other than that required by the RFP and it had been difficult to ascertain whether or not it included the hardware costs. She also indicated in speaking with other users of the Moore system they had found most of the users indicated that upgrades to the hardware had come unexpectedly quickly using the Moore system. In response to a question regarding training of staff, Ms. Chase indicated the deck equipment in the NCC system is extremely easy to learn and move around. A question was raised regarding memory capacity and the inclusion of a safety factor and Ms. Chase explained this is provided for by staff considering items that will be coming in the future such as stormwater drainage and other State mandates and that additional memory was added to the RFP. Ms. Carson, representing UNISYS, indicted that hardware costs were included in the bid. Concerns were raised regarding the decision that was made in 1987 with there being little review of other options. Commissioner Regulski moved to authorize staff to negotiate terms of delivery and installation for Utility Billing/Customer Information System consisting of hardware and software from Network Computing Corporation, Charlotte, North Carolina, at an estimated cost of $405,110.00 and authorize a five year lease-purchase through AT&T Credit Corporation. The motion was duly seconded and carried unanimously. Item #36 - First Reading Ordinance #4960-90 - Amending Sec. 114 Code of Ordinances - Relating to restricted swimming area at Clearwater Beach; providing waiver applications; establishing special operating conditions for vessels; providing conditions for denial of waiver application and for revocation of waiver (MR) On November 3, 1983, the City Commission enacted an ordinance to restrict watercraft from entering the 300 foot restricted swimming area off Clearwater Beach. Section 114.76 of that article provided a provision whereby a person could apply for a waiver. The proposed amendments provide language to eliminate several defects or omissions in the current ordinance as follows: 1) allow only upland beachfront property owners possessing riparian rights to seek a waiver (Section 114.72); 2) establish amounts of liability damage insurance for bodily injury and property damage resulting from the operation of any watercraft; 3) clearly delineate the safety requirements imposed on the upland owner under a waiver agreement to operate watercraft through a restricted swimming area (Section 114.76); 4) create a separate ordinance violation punishable by a fine not exceeding $500.00 for each violation (Section 114.765); and 5) clarify the conditions for which the City can seek revocation of a waiver agreement (section 114.78). Concerns the Commissioners raised at the work session March 12, 1990, were incorporated into the ordinance with the exception that the requirement of a driver's license cannot be made part of the ordinance. Charles Hunsicker, Assistant City Manager for Operations, reviewed the history of the restricted waterway and the proposed provisions. A question was raised regarding Section 114.78(b) regarding whether or not the fiscal year referenced was the City's fiscal year. It was indicated it was the City's fiscal year and that should be made clear in the ordinance. Concern was also raised regarding the provision that renters of the watercraft stay clear of Pier 60 and it was requested that provision be made that they stay clear of any persons in the water. Discussion ensued regarding this and how it could be placed in the ordinance. Staff will propose language by second reading. In response to a question regarding whether or not a limitation of placement of the watercraft no closer than 30 feet of the mean water line could be included, it was indicated this would be difficult to enforce. Concerns were raised that a provision be made that the operators of the watercraft could not go in amongst swimmers in any other areas of the beach not covered by the restricted swimming ordinance. It was indicated we may be able to restrict renters of watercraft, however, this would not prohibit private watercraft owners from making landings on other areas of the beach. One citizen spoke regarding the ordinance stating concerns regarding the maximum number of boats allowed and recommended a better ratio would be one watercraft to every ten feet of beachfront. She also requested that the Commission do everything it can legally to prevent boats and craft from coming ashore on beaches in residential areas. Commissioner Regulski moved to approve the proposed provisions with the understanding that the suggestions for amendment would be considered at second reading. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #4960-90 for first reading and read it by title only. Commissioner Fitzgerald moved to pass Ordinance #4960-90 on first reading. The motion was duly seconded. Upon roll call the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. The meeting recessed from 8:25 p.m. to 8:36 p.m. Item #37 - Rescind the 1988 action of the City Commission requesting the Florida Department of Transportation (FDOT) to restore curbside parking on Cleveland St. and request the FDOT to not proceed with the public hearing to transfer ownership of Cleveland St. to the City (CM) In September, 1988, the City Commission directed correspondence be sent to the Florida Department of Transportation "strongly urging that every effort be made to restore curbside parking on Cleveland Street." The Commission took the action after nine citizens spoke in support of the restoration of the Cleveland Street curbside parking as an economic boost to existing retail businesses. One month later, FDOT District Secretary Jim Kennedy declined to restore the on-street parking for the following reasons: 1. Reduction in the number of travel lanes to provide for curb parking will reduce capacity and therefore create congestion. 2. Parking maneuvers would further restrict capacity and adversely affect safety. 3. It is against the Department's Policy to restrict capacity and increase the operational safety problems just to create a favorable environment for the businesses. This will definitely not be in the best interests of the general public. 4. Downtown Clearwater has adequate parking for patrons who want to visit and do business in the Central Business District. Mr. Kennedy did agree to start the process of turning over Cleveland Street to the control of Clearwater. This would allow the City to reduce the level of service to implement on-street parking. There were several exchanges of correspondence between the City and FDOT until November 8, 1989, when FDOT stated they would be placing this consideration on hold due to the need for the City to perform a system analysis of the impact of the deletion of Cleveland Street and as a result of legislative policy issues and directives. Downtown merchant, Lillian Trickel, continued to contact FDOT regarding this and on March 21, 1990, FDOT correspondence stated that the transfer of Cleveland Street to the City could not occur prior to July 1, 1990. However, the letter further stated it would be helpful if the City Commission could reaffirm their previous support regarding the redesignation of Cleveland Street. Before taking further action to request the redesignation of Cleveland Street, it was suggested the City Commission consider initiating the appropriate system analysis to assess the impact of the deletion of Cleveland Street from the State highway system and the subsequent impact on the nearby affected streets and the overall level of service to all downtown affected businesses, to conduct a concurrency test to determine if the on-street parking request and accompanying two-laning of Cleveland Street would adversely impact the adopted levels of service and have a detrimental impact on the downtown's redevelopment effort, and should await the results of a downtown parking analysis which is part of the upcoming downtown market analysis. Even if the City wished to immediately implement on-street parking on Cleveland Street, it would be constrained by the Florida Department of Transportation not transferring control prior to July, 1990. The City could not redesignate Cleveland Street as a local road without a Comprehensive Plan amendment which could not be submitted until December, 1990, and the MPO would have to amend its long-range plan to reflect the reclassification and the reduced capacity of Cleveland Street. The City Manager indicated the disadvantages of adding parking to Cleveland Street outweigh the advantages. He stated things have changed since the 1989 action. Michael Wright, Assistant City Manager for Community Services, reviewed the history of this proposal and stated the Commission needs to look at the impact of two-laning the road and all the properties affected. Concerns were expressed that the reduced capacity of the road would no longer meet concurrency requirements and there would be safety issues involved as well. In response to a question regarding whether or not the parking was needed, it was indicated the parking would be more of a convenience for the businesses. Three citizens spoke in support of making the request that DOT turn over jurisdiction of Cleveland Street to the City and the request was made to experiment with the parking for six months to a year. Discussion ensued regarding the impact of parking on Cleveland Street and it was stated in order to make it work, the medians would have to be removed and that would not be practical for an experimental situation. It was indicated with the streetscape program and closing of different lanes from time to time, an experiment has already been done and it proved not to be practical to eliminate one lane of traffic on Cleveland Street. In response to a question regarding when the parking analysis would be done, Michael Wright, Assistant City Manager, indicated the contract would be to the CRA for approval within 30 days and it would take 3 to 6 months to do the actual study. Commissioner Regulski moved to rescind the action taken in 1989 to request that the State Department of Transportation transfer Cleveland Street from the State road system. The motion was duly seconded. Upon the vote being taken, Commissioners Regulski and Fitzgerald and Mayor Garvey voted"Aye"; Commissioners Berfield and Nunamaker voted "Nay." Motion carried. Item #38 - Historic Preservation Board - 1 appointment (CLK) Commissioner Regulski moved to reappoint Mrs. Robert (Margie) Kiehl. The motion was duly seconded and carried unanimously. Item #39 - Municipal Code Enforcement Board - 1 appointment (CLK) Commissioner Regulski moved to appoint Louise Riley to the business category. The motion was duly seconded and carried unanimously. Item #40 - Community Relations Board - 1 appointment (CLK) Commissioner Nunamaker moved to appoint Claire Lorraine Hunsicker to the at-large category. The motion was duly seconded and carried unanimously. Item #41 - Neighborhood Advisory Committee - 1 appointment (CLK) Commissioner Regulski moved to continue the appointment. The motion was duly seconded and carried unanimously. XI - Other Pending Matters - None CITY ATTORNEY REPORTS XI - Other City Attorney Items - None XIII - City Manager Verbal Reports The City Manager reminded the City Commission to make their appointments to the Clearwater Beach Task Force. XIV - Other Commission Action Item #42 - Annual Compensation Review for the City Manager. Section 4B of the Manager's employment contract requires that the City Commission conduct a compensation review in April of each year. Performance review is conducted each October. Discussion ensued regarding whether or not it was appropriate to do an increase without an evaluation, also the difficulties facing the Commission in the fact that Union negotiations will be undertaken shortly and that the 1990-91 budget is currently being prepared. Some commissioners stated they thought the Manager was doing a good job and deserved just compensation, however, at this time it was difficult to make the determination as to what that increase should be due to the fact that there was no evaluation and also the budget considerations that were upcoming. Commissioner Regulski moved to grant a 2% general increase and that the employment agreement be amended to change the evaluation and merit consideration to September. Upon the vote being taken, Commissioners Regulski, Fitzgerald and Nunamaker voted "Aye;" Commissioner Berfield and Mayor Garvey voted "Nay." Motion carried. Commissioner Berfield requested the City take whatever action it can regarding water conservation. She also requested the Airport Authority's request to change the name of the Airpark be considered at the next work session. She questioned the status of the response to FEMA regarding our flood control ordinance and it was indicated staff is working on the response. Commissioner Regulski indicated he wanted the Seminole Boat Dock High and Dry Storage Facility on the agenda to determine whether or not the Commission approves of the concept. This item will be scheduled for the next meeting. The City Manager reported regarding the need to address a request from the Checkers Restaurant on the corner of Missouri Avenue and Belleair. He stated the sewer letter was issued based on Commission's understanding there was only one nonconformity with City standards and that had to do with a setback. He stated, however, it has been realized the sign which has been ordered and is ready for installation is larger than Clearwater's Code allows. Discussion ensued regarding whether or not this should be allowed with some concerns being expressed that the owner should have been aware of the sign code and there are many Checkers restaurants in the area outside Clearwater where the sign could be used. Concerns were also expressed regarding the fact the sign would have to conform with the City Code in 1992. Curtis DeYoung, representing the owner, stated that the Checkers is not a corporate store and in the annexation procedures they were unaware of the conflict with the sign code. He stated the City would allow two signs for a total of 128 square feet and the one proposed is 164 square feet. He stated they called for an inspection of the sign base and the City red-tagged the installation. The sign is already at the site. Discussion ensued regarding whether or not a good faith effort had been made to meet all the City codes possible. A question was raised whether or not the owner would be willing to sign an agreement that the sign would be taken down in October, 1992. Mr. Lippin, owner of the restaurant, stated he had given the sign package to the Planning Department in early March and was unaware of the nonconformity. He stated he would agree to do what any other citizen of Clearwater would be allowed to do in October, 1992. He indicated he owns the sign, not Checkers. Mr. Polatty, Planning and Development Director, indicated that the Planning Department would not have reviewed the sign package because at that time it was under County jurisdiction. Commissioner Fitzgerald moved to not allow the sign as a nonconforming sign. The motion was duly seconded and carried unanimously. XV - Adjournment The meeting adjourned at 10:14 p.m.