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05/17/1990 CITY COMMISSION MEETING May 17, 1990 The City Commission of the City of Clearwater met in regular session at City Hall, Thursday, May 17, 1990, at 6:01 p.m., with the following members present: Rita Garvey Mayor/Commissioner Richard Fitzgerald Vice Mayor/Commissioner Lee Regulski Commissioner William Nunamaker 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 Reverend Wells of the Gulfcoast Cathedral Church of God. 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 - none. IV - Introductions and Awards Proclamations: Safety Awareness Week - May 21-28, 1990 The City received the National Safety Council Award in recognition of their safety record of over three million manhours without an accident. Safe Boating Week - June 3-9, 1990 V - Presentation Clearwater Pass Bridge - Resolution #90-18 - Reconfirming the City Commission's desire to proceed with a new high level, fixed span bridge. In accordance with the procedural requirements of the United States Federal Highway Administration and the Florida Department of Transportation (FDOT), the City held a public information workshop on January 24, 1990. Material was on display describing and depicting the various alternative designs for the Clearwater Pass Bridge. A report prepared by David Volkert & Associates summarizing the public comments expressed at the workshop reflects an overwhelming preference for a high-level, fixed-span option. Although FDOT was made aware of the Commission's preference for the high-level, fixed span bridge following the initial study report dated July 1, 1988, they now require a confirmation of this preference. Jack Roberts, David Volkert & Associates, reported on the January 24th public workshop indicating approximately 65 percent of the attendees supported the high-level, fixed-span bridge. Exhibits presented at the workshop showed the mid and high-level bridge options would require channel relocation. He said the three options are still being evaluated and, if channel relocation creates a problem, the option of the low level bascule bridge will need to be pursued. The City Attorney presented Resolution No. 90-18 and read it by title only. Commissioner Regulski moved to pass and adopt Resolution #90-18 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 May 3, 1990 Commissioner Regulski moved to approve the minutes of the regular meeting of May 3, 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. Julie Tiernan, representing the Chamber of Commerce, reported on the Orlando Visitors' Committee efforts to attract Orlando visitors to Clearwater Beach. VIII - PUBLIC HEARINGS ITEM #9 - Public Hearing & First Reading Ordinances #4970-90, #4971-90 & #4972-90 - Annexation, RM-8 Zoning and a Land Use Plan Amendment to Low Density Residential for a parcel (.71 acre) located on W side of Bayview Ave., approximately 400' S of Gulf to Bay Blvd., Lame Survey, Tract C (Ciulla/Condino LUP90-5, A90-3)(PLD) The property is presently developed with a Level II Group Care Facility which is a long term child caring agency licensed by the HRS for the care of a maximum of fifteen youths ages 8-18 years old. Level II Group Care is a conditional use in the RM-8 zoning district. The code states that four acres or more are required to establish a new zoning district unless the Commission determines that a reduced area is in the public interest. The subject parcel is .71 of an acre. There is RS-6 zoning on three sides of the property and RMH (Mobile Home Park) zoning on the fourth side. On the south side there is only one single family home between the subject property and the church property which is zoned P/SP (Public/Semi-Public). This neighborhood may experience some changes if the 49th Street bridge becomes a factor. This is an existing facility with two zoning options available: (1) grant the request for RM-8 zoning in the belief the maintenance of the existing use in a conforming status is in the public interest or (2) designate the zoning as RS-6 and the existing facility can continue and be maintained under the non-conforming regulations. Ralph Condino, Jr. indicated the annexation is being requested to obtain sanitation, sewer and other City amenities. Discussion ensued in regard to the current use of the property and the zoning options available. It was felt the RS-6 zoning was most appropriate for the surrounding area as it will allow the present operation to continue; however, if it should cease, the zoning would still be compatible with the neighborhood. Commissioner Nunamaker moved to approve the annexation with RS-6 zoning and the continuance of the existing operation and a land use plan amendment of low density residential on the subject property. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #4970-90 for first reading and read it by title only. Commissioner Fitzgerald moved to pass Ordinance #4970-90 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. The City Attorney presented Ordinance #4971-90 for first reading and read it by title only. Commissioner Regulski moved to pass Ordinance #4971-90 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. The City Attorney presented Ordinance #4972-90 for first reading and read it by title only. Commissioner Nunamaker moved to pass Ordinance #4972-90 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. ITEM #10 - Public Hearing & First Reading Ordinances #4973-90, #4974-90 & #4975-90 - Annexation, OL Zoning and a Land Use Plan Amendment to Residential/Office for Parcel 1 (.33 acre) and RS-8 Zoning and a Land Use Plan Amendment to Low Density Residential for Parcel 2 (.33 acre) for property between Highland Ave. and Braund St., approximately 475' S of Nursery Rd., both parcels in Scotia Heights Subdivision, Blk B, Lots 8-11 (parcel 1), Lots 46-49 (parcel 2) (Wilkes LUP90-4, A90-4)(PLD) The property is currently developed with a single family residence on each parcel. The applicant is requesting the Residential/Office land use designation and OL zoning on Parcel #1 to permit redevelopment in conjunction with the property to the south which is owned by his father. Parcel #2 is the residence of the applicant. The right-of-way for Highland Avenue is 73 feet and is a county maintained road. The Traffic Circulation Element of the Clearwater Comprehensive Plan indicates Highland Avenue in the future will be a two-lane road widened at selected intersections. Land will be required from the applicant when the property is redeveloped to meet a 100-foot right-of-way requirement. Sanitary sewer is not available to this tract and the applicant would have to hire a private engineer to do the work. The existing sewer is approximately 600 feet away, the nearest fire hydrant is located approximately 300 feet away. Parcel #1 has a Low Density Residential Land Use designation on the north and west side and a Land Use designation of Residential/Office to the east and south. Development on the east side of Highland Avenue, pursuant to a court settlement, makes the proposed zoning appropriate to the general land uses in the neighborhood. However, if the requested OL zoning and land use amendment to Residential/Office is granted, it is likely the remaining parcels north to Nursery Road will make the same request. On May 1, 1990, the Planning and Zoning Board recommended approval of the annexation request and to the zoning as proposed by the applicant. At that meeting, the Planning and Development staff initially recommended denial to the OL zoning proposed for Parcel #1 due to concern about encouraging a nonresidential "stripping" of the west side of HIghland Avenue south of Nursery Road. However, information was presented at the Planning and Zoning Board meeting concerning the location of commercial and office structures east of Highland Avenue that convinced the staff to modify its recommendation. The staff now feels that the extensive nature of the shopping/office complex, as well as its overall site design, is not conducive to attempting to maintain residential zoning on the west side of Highland Avenue. The staff now supports the proposal as submitted. Aubrey Wilkes, applicant, indicated the trend of the neighborhood is away from residential as it is no longer suitable for residential uses. Concerns were expressed in regard to setting a precedent for the surrounding properties, creating a strip development and increasing traffic flow. Commissioner Regulski moved to approve the annexation, RS-8 zoning and a land use plan amendment for low density residential for both parcels. The motion was duly seconded and upon the vote being taken, Commissioners Regulski, Fitzgerald, Berfield and Mayor Garvey voted "Aye;" Commissioner Nunamaker voted "Nay." Motion carried. The City Attorney presented Ordinance #4973-90 for first reading and read it by title only. Commissioner Regulski moved to pass Ordinance #4973-90 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Fitzgerald, Berfield and Garvey. "Nays": Nunamaker. Motion carried. The City Attorney presented Ordinance #4974-90 for first reading and read it by title only. Commissioner Regulski moved to pass Ordinance #4974-90 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Fitzgerald, Berfield and Garvey. "Nays": Nunamaker. Motion carried. The City Attorney presented Ordinance #4975-90 for first reading and read it by title only. Commissioner Regulski moved to pass Ordinance #4975-90 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. ITEM #11 - Public Hearing & First Reading Ordinances #4976-90, #4977-90 & #4978-90 - 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' W of Belcher Rd., Clearwater Industrial Park, portion of Lot 11 (Capel Industries LUP90-6, A90-5)(PLD) The annexation is being requested to obtain City sewer service. The release of the protective Covenants of the Clearwater Industrial Park were approved for this parcel by the Commission at its meeting of March 1, 1990. The property is currently vacant but is proposed to be developed for use as a high-tech, nonpolluting manufacturing and assembly facility. The operation will involve the manufacture and storage of large pieces of equipment and will be space-intensive rather than employee-intensive. The Development Review Committee recommended approval of the site plan with the following conditions: (1) the applicant should provide parking for proposed/any future development in accordance with current city requirements in some manner which is acceptable by the City (e.g., longterm offsite/shared parking agreement, parking variance, etc.); (2) the detention pond should be redesigned prior to issuance of a Pinellas County Building permit (the storm water detention pond is undersized based on City of Clearwater design criteria); (3) prior to construction of the sanitary sewer along Calumet Street, a right-of-way permit is to be obtained from the Public Works Department; (4) the driveway should be modified as specified by the Traffic Engineer; (5) the dumpster location should be addressed subject to approval by the Utilities Engineer; and (6) the open space fees should be paid as required by the Parks & Recreation Department. The applicant will be seeking a parking variance conditioned upon limitations on both the proposed use and any future uses in an attempt to resolve the parking deficiency. The other items are being satisfactorily addressed by the applicant. A sewer availability letter was approved for issuance at the Commission's April 5, 1990, meeting to permit the applicant to initiate construction under county jurisdiction. Bobby Capel, applicant, stated he would be appearing before the Development Code Adjustment Board on Thursday, May 24, 1990, for a parking variance. Commissioner Regulski moved to approve the annexation, IL zoning, and land use plan amendment to Industrial on the subject property. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #4976-90 for first reading and read it by title only. Commissioner Fitzgerald moved to pass Ordinance #4976-90 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. The City Attorney presented Ordinance #4977-90 for first reading and read it by title only. Commissioner Nunamaker moved to pass Ordinance #4977-90 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. The City Attorney presented Ordinance #4978-90 for first reading and read it by title only. Commissioner Fitzgerald moved to pass Ordinance #4978-90 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, and Berfield and Garvey. "Nays": None. ITEM #12 - Variance to the separation distance requirements for alcoholic beverage sales for on premise consumption of beer, wine and liquor for E&R Properties, Inc. (Tio Pepe Restaurant) located at 2930 Gulf to Bay Blvd., Sec. 17-29-16, M&B 14.04 & 14.05 (AB90-02)(PLD) Within the last year, a front portion of the restaurant was removed to accommodate the proposed widening of Gulf to Bay Boulevard. The restaurant now proposes to enlarge to the north and east to offset lost floor area. The addition will be positioned 33 feet from a Mobile Home Park District located to the north. The applicant is requesting a variance of 217 feet to allow the expansion within 33 feet of a residential zone. No other alcoholic beverage establishments exist within the 250-foot radius. The restaurant has existed at this site for many years. The business has been traditionally well managed and has not been a problem to the neighbors. Attorney Donald McFarland, representing the applicant, stated the restaurant is being expanded to restore lost seating due to the widening of Gulf-to-Bay Boulevard. Commissioner Fitzgerald moved to approve an alcoholic beverage minimum distance variance of 217 feet to allow alcoholic beverage sales within 33 feet of a residential zone on the subject property. The motion was duly seconded and carried unanimously. ITEM #13 - Amendments to Community Development Block Grant, 15th Year Final Statement - 1989-90 (PLD) Community Development Block Grant regulations require amendments to the final statement whenever an activity is added or deleted. Isaiah's Inn was granted funds last year, but declined use, so formal action needs to be taken to delete their funding. Three other public facility projects, the Clearwater Housing Authority/Levison Center, Clearwater Housing Authority/Fulton Avenue Apartments and Quest Inn have experienced cost overruns which are included in the final statement although no formal amendment is necessary for the reallocations. The Infill Housing Development Program was approved as part of the Housing Issue Paper in early 1990. Although new housing construction cannot be funded by CDBG monies, funds for site assembly, clearance, surveys and application processing fees can be allocated from CDBG funds. It is proposed that $245,000 be allocated from current year CDBG housing rehabilitation funding for infill housing and that $19,000 be allocated from this category to fund the Fulton Avenue roof and additional administrative expenses leaving $398,536 to be expended for housing rehabilitation. There are funds remaining in prior year's CDBG to fund rehabilitation. It was indicated the Habitat for Humanity will be requesting the City to donate land. In response to a question, it was indicated funds would need to be transferred to finance the painting of the Fulton Avenue Apartments. It was indicated funding for infill housing, if not used, can be carried over to next fiscal year. Commissioner Regulski moved to approve the amended final statement for the 15th year entitlement grant to delete Public Facility funding for Isaiah's Inn, establish new program titled Infill Housing Development Program and fund cost overruns on three public facility projects, and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. ITEM #14 - 16th Year Community Development Block Grant Application - 1990-91 (PLD) The U. S. Department of Housing and Urban Development has notified the City of the Community Development Block Grant allocation of $697,000 for 1990-91. When $200,000 of anticipated program income and contingency is added, there is a projected $897,000 available for the 16th CDBG Year (1990-91). Applications for 31 public service and facilities projects have been received. Several agencies, including Latchkey, did not submit proposals, but indicated a desire to receive funding. Proposed projects have been reviewed by the Neighborhood Advisory Committee. Federal eligibility standards, funding levels and other federal requirements have been observed in the recommendations. The Planning and Development Director indicated amendments will be made to the housing rehabilitation program to assure all funding is used. He reviewed the draft of the final statement and the use of funds for the Public Works and Facilities category which totals $105,489. It was indicated any other funding going to the North Greenwood area would require Commission action. In response to a question, it was indicated YWCA/Project HELP's request to erect a wall to separate two child care areas within the center is a licensing board requirement. It was indicated a portable partition would be more expensive. A question was raised as to whether this building was for sale. Discussion ensued in regard to the use of CDBG funds for computers for the Parks & Recreation Department. It was indicated a Commission policy decision would determine if this program is to be funded out of the General Fund of CDBG funds. The Planning & Development Director reviewed the Public Service category and indicated there is a 15 percent grant cap for operations and management and it was noted this category covers operating expenses. Discussion ensued in regard to whose recommendation was being presented. Senior Planner Chris Papandreas indicated staff's spreadsheet was distributed for informational purposes. The recommended motion is to adopt the NAC's recommendation. Concern was expressed that the totals of Items 10-18 on the final statement did not balance with the $104,500 total of the Public Services Category. It was indicated a draft was prepared prior to the NAC's May 7th meeting and, since that time, funding for two programs was rescinded. However, the Religious Community Services program (#14)) was not deleted from the final statement. It was noted the $104,500 figure on the Public Services Category Sheet is the correct amount. Public Facility/Other Category Linda Bresnan, Y.W.C.A./Project HELP, thanked the Commission for past support and requested funds to construct walls in the nursery as mandated by the County. She said this organization assists pregnant adolescents and provides education, counseling and child care. Lois Cormier requested the allocation for the computers for Ross Norton Recreation Center remain. She said the computers would help to provide an atmosphere of learning at the center. Barbara Green, Homeless Emergency Project, requested funds for transitional housing. It was indicated these funds are contingent upon receiving a matching grant. Martha Skeleton, Community Pride Child Care Center, indicated negotiations are underway for the purchase of the Y.M.C.A. Thrift Center. She requested funds for general improvements and 20 percent of the purchase price needed for a down payment. Karen Seal, Junior League of Clearwater, Dunedin, Inc., Day Care Project, requested funds to renovate the Salvation Army Building for day care for residents of transitional housing and spouse abuse shelters. Efren Ortese with Creative Care I, Latchkey, requested funds for playground climbing apparatus which is required by HRS for the facility and for replacement carpeting. Commissioner Regulski moved to approve the Public Works and Facilities category use of funds for 1990-91 fiscal year in the amount of $105,489 as recommended by the Neighborhood Advisory Committee and staff with the Homeless Emergency Project's allocation to be used only as a matching grant. The motion was duly seconded and carried unanimously. Public Service Category Lee Tripolowski, Doreen Spannel and Bonnie Ream, Partners in Self-Sufficiency, stated this project has been beneficial to them and asked the Commission's support. Charlie Mann, Community Service Foundation, thanked the Commission for past assistance and he indicated housing assistance would continue to be provided. Dave Allen, Ervin's All American Youth Club, thanked the Commission for past support. He said his club provides after school tutoring, nutrition, self-esteem and incentive programs. Karen Seal, Junior League of Clearwater, Dunedin, Inc., Day Care Project, Inc., requested reconsideration of a $5,000 grant towards a director's salary who will be responsible for initiating and writing a day care program for the homeless. Ms. Papandreas indicated due to the 15 percent grant award cap some of the requests previously approved by the NAC had to be deleted with the director's salary being one of the deletions. Candice Slaughter, Y.W.C.A. of Greater Clearwater, Inc., Lincoln Avenue, said their "Y" building is the one for sale. She requested funds for after school tutoring at the Martin Luther King Center and for expanding a domestic violence prevention program. Ervin Harris thanked the Commission for past support of his program. He indicated his program is getting state recognition and he feels the City should provide additional funds to the program. Mr. Harris said more attention needs to be given to the North Greenwood area. Linda Baker, Girls' Clubs of Pinellas County, requested continued support. In response to a question, it was indicated there is no conflict between the Boys' Clubs and Ervin's All American Youth Club as they are complimentary to each other and deal in different areas of the City. Commissioner Regulski moved to approve the Public Services Category use of funds for 1990-91 fiscal year in the amount of $104,500 as recommended by the Neighborhood Advisory Committee and staff. The motion was duly seconded and carried unanimously. The meeting recessed from 8:15 p.m. to 8:26 p.m. Commissioner Fitzgerald moved to approve the Statement of Community Development Objectives and the use of funds for the 1990-91 fiscal year, attached hereto as Exhibit A, and as such made a part of the minutes, and authorize acceptance of the 16th Year Community Development Block Grant Application. The motion was duly seconded and carried unanimously. ITEM #15 - (Continued from 5/3/90) Public Hearing & First Reading Ordinance #4979-90 - Rezoning Loehmann's Plaza, Lot 1 and 2, (19.851 acres) located at the NW corner of US 19 and NE Coachman Rd., Sec. 6-29-16 and Sec. 7-29-16, to Commercial Planned Development (CPD) and review of Master Site Plan (Principal Finance Group, Taheri & Brandon Nu West Z90-1)(PLD) To be Continued to 6/7/90 The applicant requested this item be continued. Commissioner Nunamaker moved to continue this item to the next regularly scheduled meeting of June 7, 1990. The motion was duly seconded and carried unanimously. ITEM #16 - Second Reading of four ordinances relating to Concurrency Management System: Ordinance #4980-90 (Traffic Impact Studies), Ordinance #4981-90 (Development Agreement), Ordinance. #4982-90 (Concurrency) and Ordinance #4983-90 (Vested Rights) (PLD) James Polatty, Planning & Development Director, stated staff has received input for the proposed concurrency management system from both the Planning & Zoning Board and from private individuals. The only changes proposed to the original ordinances discussed under first reading on May 3, 1990, relate to the effective date of the Traffic Impact Study Ordinance, vesting determinations, references made to "date of adoption" and extension of development agreements. Concern was expressed regarding amending the Vested Rights Ordinance to reflect how substantial deviations to developments of regional impact (DRIs) will he handled in regard to concurrency. It was indicated a system needed to be established. The City Attorney explained that there is a certain middle ground between being consistent with the development order and being in substantial deviation from it and it was indicated this middle ground needs to be described in the threshold guidelines as being vested. Mr. Polatty indicated the changes to this ordinance can be brought back with the first revisions to the Land Development Code in approximately 1-1/2 months. The City Attorney presented Ordinance #4980-90 for second reading and read it by title only. Commissioner Fitzgerald moved to amend Ordinance 4980-90 (Traffic Impact Ordinance) on page 2, change "the effective date of this ordinance" to "May 17, 1990" on lines 5, 7, 13 and 15 and on page 2, change "sixty (60) days after the effective date of this ordinance" to "July 16, 1990" on lines 9-10. The motion was duly seconded and carried unanimously. Commissioner Fitzgerald moved to pass and adopt Ordinance #4980-90 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. The City Attorney presented Ordinance #4981-90 for second reading and read it by title only. Commissioner Regulski moved to amend Ordinance No. 4981-90 (Development Agreements) on page 6, in Sec. 137.047(2), change the sentence to read: (2) The duration of the development agreement. The duration shall initially not exceed five (5) years and may be extended for one additional term not to exceed three (3) years by mutual consent of the city commission and the developer, subject to the same public hearing process necessary for the initial approval of the development agreement and on page 11, amend Sec. 2 to read: Section 2. This ordinance shall take effect on May 31. 1990. The motion was duly seconded and carried unanimously. Commissioner Regulski moved to pass and adopt Ordinance #4981-90 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. The City Attorney presented Ordinance #4982-90 for second reading and read it by title only. Commissioner Regulski moved to pass and adopt Ordinance #4982-90 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 presented Ordinance #4983-90 for second reading and read it by title only. Discussion ensued concerning when an application for concurrency review or vested rights determination is considered to be sufficient, and the Planning & Development Director indicated there is a completion review process after the application is submitted. In response to a question, it was indicated impact fees are generally paid when the building permit is issued. The City Attorney indicated that accepting an application does not guarantee vested rights. Mr. Polatty said the ordinance puts the burden of proof of vested rights on the applicant. Mr. Fitzgerald moved to amend Ordinance No. 4983-90 (Vested Rights Determinations) on page 2, in Section 137.074(1)(b), change "the date of adoption of this ordinance" to "May 31, 1990."; On page 2, in Section 137.074(1)(c), change "the date of adoption of this ordinance" to "May 31, 1990."; On page 3, in Section 137.074(1), add a new (i) to read: "(i) The development of the property is the subject of a final development order or certified site plan for which a complete and acceptable application was received by the planning and development department on or before February 15, 1990, provided that the final development order or certified site plan is approved on or before July 30, 1990, and all applicable impact fees have been paid on or before the date of approval."; On page 4, in Section 137.076, amend the first sentence to read: "Upon receipt of a complete and acceptable application, as determined by the planning and development director, the director shall determine within 90 days of the date of submittal whether the owner has the right to develop or continue the development of the property notwithstanding the comprehensive plan of the city, in any case where the applicant clearly shows that the rules and the threshold guidelines set forth in Sections 137.073 and 137.074(1) have been met."; On page 6, amend Section 2 to read: "Section 2. This ordinance shall take effect on May 31. 1990." The motion was duly seconded and carried unanimously. Attorney Tim Johnson asked whether the language addressing providing relief for those developments for which plans have been submitted and are well along in the process had been incorporated into this ordinance. It was indicated it had been. Commissioner Nunamaker moved to pass and adopt Ordinance #4983-90 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. Public Hearing - Second Reading Ordinances ITEM #17 - 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. The City Attorney presented Ordinance #4960-90 for second reading and read it by title only. Commissioner Regulski moved to amend Ordinance #4960-90 on page 1, in Section 114.72, add a new subsection (2) as follows, and renumber existing Subsection (2) and the remaining subsections: "(2) "Chase or emergency watercraft" means a watercraft available solely for the purpose of effecting a sea rescue in an emergency or for the purpose of ensuring that rental watercraft is operated in compliance with federal or state law or with city or county ordinances. The term does not include watercraft used for rental."; On page 6, in line 4 of Subsection 114.76(1)(p), add at the end of the sentence, ", and so as to distinguish the chase or emergency watercraft from the other watercraft of the owner or business operator." The motion was duly seconded and carried unanimously. Commissioner Regulski moved to pass and adopt Ordinance #4960-90 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 #18 - Ordinance #4966-90 - Amending land use plan to change designation for property on N side of Cleveland St., approximately 120' E of N. Garden Ave., Sec. 16-29-15, portion of M&B 11.03, from Downtown Development District to Recreation (City LUP90-3) The Planning and Development Director stated the downtown parking garages and other parking areas provide sufficient parking and have alleviated concerns regarding loss of parking. It was indicated the change in designation protects the property as open space. The City Attorney presented Ordinance #4966-90 for second reading and read it by title only. One citizen spoke in opposition to the loss of parking, the use of the property as a park and the funds being expended on the property. Commissioner Regulski moved to pass and adopt Ordinance #4966-90 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 #4967-90 - Rezoning above property from Urban Center Core District (U/CC) to Open Space/Recreation (OS/R) Section 16-29-16, portion of M&B 11.03 (City Z90-2) The City Attorney presented Ordinance #4967-90 for second reading and read it by title only. Commissioner Regulski moved to pass and adopt Ordinance #4967-90 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 #20-36) - Approved as submitted less Item #32. Agreements - Approved. ITEM #20 - Supplemental Agreement #2 with David Volkert & Associates for professional engineering services to provide a hydraulic mathematical model of Clearwater Pass for $45,332.00 (PW) ITEM #21 - Joint Clearwater/Pinellas County Utilities Relocation Agreement for Gulf Blvd. Widening between Belleair Causeway and the Sand Key Toll Plaza for $23,900.00 (PW) ITEM #22 - Agreement with Smith Barney to serve as Underwriter for city debt issues for a three year period (CM) Bids & Contracts - Awarded. ITEM #23 - Purchase two All-Purpose, Trailer-mounted, Pump Sprayers from DeBra Equipment Company, Tampa, FL for $11,440.00 (GS) ITEM #24 - Purchase one Two Ton Cab and Chassis Truck from Heintzelman's Truck Center, Orlando, FL for $17,599.00 (PW) ITEM #25 - Contract for Sanitary Sewer Construction (Ridgewood, Bayview Ave. and Belleair Road) to All American Concrete, Inc., Clearwater, FL for $54,700.26 (PW) ITEM #26 - Contract for Canterbury Heights Drainage Improvements to All American Concrete, Inc., St. Petersburg, FL for $32,331.25 (PW) ITEM #27 - Award of Purchase Order No. 10268-90 to Suncoast Excavating, Inc. for Emergency Sanitary Sewer Repair at 2339 Gulf-to-Bay Blvd. for $19,500.00 (PW) ITEM #28 - Amend contract with the City of St. Petersburg to increase amount of yard waste dump fees from $9,000.00 to $76,500.00 for continued participation in the Yard Waste Recycling Pilot Program (PW) ITEM #29 - Purchase of Office Furniture Panels for Planning & Development from Florida Business Interiors, Clearwater, FL for $12,100.00 (PLD) Citizens & Staff Requests - Approved less Item #32. ITEM #30 - Solicit Bids for Lighting Retrofit and Energy Management Systems for 17 City facilities (GS) ITEM #31 - Clearwater Ferry Service License Amendment to allow round-trip transportation, free of charge, from Drew Street dock to City Marina for City sponsored special events, and Special Events Application for "Kick Off Day" to Safe Boating Week, a City sponsored function (MR) ITEM #32 - See page 17. Plans & Plats - Approved. ITEM #33 - Preliminary Site Plan for Canal Place (a 10 unit multifamily development), located NE of the T-intersection of Island Way and Dory Passage, Island Estates of Clearwater, Unit 2, Lot 10 and southerly 28' of Lot 11, .5785 (gross) acres (PSP90-7)(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 corrected site data calculations shall be placed on the site plan prior to submittal for D.R.C. review; 2) the closest driveways on the adjacent properties to the north and south must be shown on the site plan for D.R.C. review; 3) as it is difficult to review on the preliminary site plan, the parking/vehicular plan must be clarified for review by the D.R.C.; and 4) signs and fencing/walls are subject to separate review and permitting processes. Receipt & Referral - Received and Referred. ITEM #34 - Annexation, RS-4 Zoning and a Land Use Plan Amendment to Low Density Residential for a lot (.25 acre) located at 1239 Keene Road S, Meadow Creek Sub., Blk C, Lot 17 (DiFrancesco/Millett A90-9 LUP90-11)(PLD) ITEM #35 - RS-6 Zoning and a Land Use Plan Amendment to Low Density Residential for a lot (.28 acre) located at the SW corner of Drew St. and Maywood Ave., Eastwood Terrace Sub., Blk A, Lot 1 (First Christian Church)(PLD) CITY ATTORNEY Agreements, Deeds & Easements - Accepted. ITEM #36 - Sanitary Sewer Lien Agreement - Meadow Creek, Blk C, Lot 17 (DiFrancesco/Millet) Commissioner Fitzgerald moved to approve the Consent Agenda as submitted less Item #32 and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. ITEM #32 - Installation of Sidewalks on Gulf Blvd. (Sand Key) to provide continuous sidewalks from the City limit to Clearwater Pass Bridge, with the City paying up to $2,000.00 (PW) The City's existing development code calls for sidewalks to be installed at each development project. Because all development does not take place simultaneously, there are unsidewalked areas adjacent to vacant or undeveloped lots throughout the City. The normal policy is to "wait-out" developers who have a responsibility to provide public facilities whose need is occasioned by their own activities. Cedarwood, Ultimar Phase II, the Teatros Property and the Grand Couloir Tract (Sheraton Sand Key Resort) are tracts currently without sidewalks on Sand Key in Clearwater. Three of the owners have indicated a willingness to provide these walkways in advance of their development. In order to fill all the gaps on Sand Key and to be positioned to install walkways where owners may change their mind as to voluntarily providing sidewalks, it is proposed to initiate an assessment project. Each owner will be given the opportunity to provide sidewalks or be assessed. Charles Hunsicker, Assistant City Manager/Operations, reviewed the project indicating a continuous sidewalk on both sides of Gulf Boulevard is being proposed. He requested the Commission initiate an assessment project for these sidewalks. He felt a public purpose would be served by this project and hoped the landowners would cooperate. Commissioner Fitzgerald moved to approve the installation of sidewalks along Gulf Boulevard to provide continuous sidewalks from the City limits to Clearwater Pass Bridge with such construction to be under the City's assessment authority for public purpose projects. The motion was duly seconded and carried unanimously. X - OTHER ITEMS ON CITY MANAGER REPORT ITEM #37 - First Reading Ordinance #4995-90 and "Slow Down/Minimum Wake Zone or "Idle Speed/No Wake" Zone Amendments (MR) Establishment of zones for the regulations of the speed of watercraft is found necessary in certain locations because of their size, shape, or normal watercraft traffic volumes, where hazards to public health and safety result from the operation of watercraft at excessive speeds. On November 20, 1975, the City adopted Ordinance #1591, establishing "no wake" zones within Clearwater Harbor. All regulated speed zones are now required to be approved by the Department of Natural Resources (DNR) and must have the DNR permit number displayed on the speed sign. The proposed amendments comply with state requirements for the zones. The amendments are needed to ensure that navigational requirements are in the best interest and safety for all boaters. The amendments expand the existing City no wake zones throughout Clearwater Harbor. After discussion at the May 14th Work Session, staff is providing the following two options: Option 1 - The existing no wake zones within Clearwater Harbor were established by Ordinance No. 1591. The Commission may elect to validate these zones in accordance with State permit requirements and amend Ordinance No. 1591 by deleting the reference to "no wake" zones and substituting in its place "slow-down/minimum wake." This will have the effect of bringing the existing zones into full compliance with State regulation, and adding reasonable watercraft speed limits necessary for safe boating and protection of private property. If the Commission elects this option, no expansion of existing regulation areas would be considered at this time. Option 2 - The Commission may consider taking the existing regulated area, redefining the appropriate speed limits in these areas to "slow down/minimum wake zones and also expand the regulated areas. Bill Held, Harbormaster, stated DNR requires wake zones to be permitted and he indicated the current wake zones are unenforceable as they are not in compliance. He said the current zones were reviewed with the Florida Marine Patrol for permitting requirements and to see if the zones needed to be expanded. Mr. Held said the Florida Marine Patrol is requesting municipalities to remove unpermitted wake signs. In an effort to reduce the amount of pilings in the water, the Coast Guard has agreed to allow the use of the federal channel markers to post wake zones. The Florida Marine Patrol has recommended extending the zones shoreline to shoreline. The Harbormaster indicated the state only allows two types of zones, slow down/minimum wake or idle speed/no wake. The Marine Advisory Board is recommending the zones be expanded due to increased vessel traffic. He indicated other permits need to be obtained in addition to other requirements being met in order to have wake zones permitted. Discussion ensued in regard to manatees in the area and it was indicated six manatee warning signs have been erected. Mr. Held indicated requests for no wake zones are carefully evaluated and investigated. Discussion ensued in regard to the type of water sports that could be performed in slow down/minimum wake zones. There was discussion in regard to the wake zone designation areas and it was felt an idle speed/no wake zone for the marina area would be appropriate. In response to a question, Mr. Held indicated he had been unsuccessful in obtaining boating accident statistics for the Harbor. A question arose as to available areas for water skiing if Option #2 was selected and it was indicated areas available would include Mandalay Channel, South Clearwater Pass and Island Estates. Three citizens spoke in opposition to the proposed wake zones questioning whether or not there had been overwhelming support from the citizens and whether any need had been demonstrated for these zones. They expressed concern regarding enforcement of the proposed zones and elimination of water skiing in the natural barrier areas. They requested the zones stay as they presently exist. Discussion ensued in regard to using Option #1 as a starting point and expanding some of the current zones. The Harbormaster indicated the Florida Marine Patrol recommended making the zones consistent with federal markers by going shoreline to shoreline allowing enhanced enforcement. Direction provided to staff was to leave the zone north of the Causeway as is; designate the Clearwater Marina Basin an idle speed/no wake zone; designate the area from Clearwater Pass Bridge to Marker 9 shoreline to shoreline a slow-down/minimum wake zone; designate the area from Clearwater Pass Bridge to Marker 14 to Light 6 discontinuing off Clearwater Point a slow-down/minimum wake zone; leave existing zone in Clearwater Marina Channel as slow-down/minimum wake zone; designate the Clearwater Community Sailing Center area as a slow down/minimum wake zone; and designate the canal between Bayside and Bayshore a slow-down/minimum wake zone. The ordinance will be amended to reflect these changes for first reading. Revised maps will be prepared and publicly displayed at the Marina. The meeting recessed from 10:45 p.m. to 11:00 p.m. ITEM #38 - Proposed agreement to lease property at the Seminole Docks for the purpose of constructing a High & Dry Boat Storage Facility (CM) Several months ago, the principals of the Clearwater Harbor Marina, Inc. approached City staff with the idea of leasing land at the Seminole Docks parking lot for the express purpose of constructing a dry storage marina. The City Manager stated the applicant has requested this item be withdrawn due to a question regarding ownership of the property. Eight citizens spoke in opposition expressing concerns regarding the project being based on securing personal financial gain, proper economic information not being obtained, loss of open space, obstruction of the waterfront vista, increased boating traffic, diminishing property values, reduction in parking spaces, elimination of launching and retrieval space and damage to the wetlands. Discussion ensued regarding Meridian Holdings withdrawing their request and reapplying once there is clear title to the property. Concern was expressed in setting a precedent in using City land zoned OS/R (Open Space/Recreation) for profit. Commissioner Regulski moved to discontinue any further consideration of leasing or licensing City property at Seminole Boat Ramp for any commercial use and reject the proposal of Meridian Holdings and any other similar proposal requesting leasing or licensing of lands for commercial use or profit at the Seminole Boat Ramp. The motion was duly seconded and carried unanimously. ITEM #39 - Request the Florida Department of Transportation to remove parking on North Ft. Harrison Avenue from Jones St. to Myrtle Ave. (PW) In February, 1990, the Old Clearwater Bay Neighborhood Association requested that the City approve the removal of parking on North Ft. Harrison Avenue. An analysis of data collected by the Traffic Engineering Division supports the need to remove the parking. This is the only remaining parking along Alternate U.S. 19 within the Clearwater City limits. The Traffic Engineer recommends the Commission approve the parking prohibition and forward a request to FDOT to install signs. The Police Chief concurs due to the potential to improve the opportunity to control illegal activities along North Ft. Harrison Avenue. Traffic Engineer Keith Crawford stated there are two no-parking signs at 505 Ft. Harrison Avenue and the areas between Eldrige Street and Seminole Street have driveways which prevent parking in some areas. Gulf Marine and the Atrium Hotel are the only two areas where parking has any substantial use and both have parking lots. Discussion ensued in regard to three or four laning Ft. Harrison and it was indicated four laning was favored because of the additional increase in capacity. Mr. Crawford commended the neighborhood for their effort in this project. Commissioner Regulski moved to approve a recommendation to the Florida Department of Transportation (FDOT) to remove parking on North Ft. Harrison Avenue from Jones Street to Myrtle Avenue and to convert to a four-lane street. The motion was duly seconded and carried unanimously. ITEM #40 - Exploration of Proposed Purchase of 3.8 acres on Sand Key (CM) City staff has been negotiating for several weeks to acquire a 3.8 acre parcel of land on the bayside of Gulf Boulevard on Sand Key. The original asking price was $1.9 million. The purchaser/seller agreed upon a price of $1.6 million with the appraised price being $1.4 million. The City has been receiving land impact fees from Sand Key developments for several years and, according to City ordinances, the funds must be used to purchase parklands within either one or one and a half miles from the point of where the monies were collected. Parks and Recreation Director Ream Wilson believes this site is probably the best available site on Sand Key that could be purchased with available resources. The land could be developed as either a passive or active park or, in the event of a beach renourishment project, a portion would have value for parking to accommodate public access. There are no development plans at the present time. It is proposed money to purchase the land come from the following sources of currently available funds: Open Space Fees $294,316.50 Recreation Land Fees 260,455.50 Cheezem Settlement 177,048.00 Reallocation of Funds from Sand Key County Park 91,000.00 City-Wide Open Space Interest 103,634.00 City-Wide Recreation Land Fee Interest 68,815.00 Parking Fund Loan (Interest Free) 604,731.00 TOTAL $1,600,000.00 The $91,000 reallocation of funds from the Sand Key County Park relates to an earlier desire to construct tennis, basketball and racquetball courts on County park land. However, the land for these facilities is being considered for stormwater retention by the County necessary for the widening of Gulf Boulevard. The $604,731 parking fund loan is to be repaid from $545,898 in anticipated revenues from the Cheezem settlement. These funds "shall be paid to the City to be used for any City purpose as determined by the City," according to the 1987 court order. The only other possible project that might compete with this funding is the construction of a Sailing Center building. Payment of the funds is contingent upon the development of "a 15-acre site located on the gulfside of Sand Key immediately south of the existing Sheraton Resort that is unimproved." The property currently has an approved DRI allowing the construction of a major hotel and conference center. In the event the property never develops, it may be necessary for the parking fund to absorb the expense. In the event the specified sources for repayment of the interfund loan are not sufficient by September 30, 1992 to liquidate the entire loan, the parking fund will be deemed to have contributed the remaining balance out of the parking fund surplus. It is proposed any remaining amount needed to repay the loan come first from future accumulated interest in the Parks and Recreation impact fee accounts and, secondly, from money set aside in the "Penny for Pinellas" program for park land acquisition. The City Manager indicated this is one of the last open space parcels on Sand Key. Questions were raised as to whether there is a real need for the purchase of this property to serve the purpose of providing public access to the beach in order to qualify for beach renourishment. It was indicated, if beach renourishment on Sand Key is the concern, there needs to be property available for parking. Michael Wright, Assistant City Manager/Community Services, indicated three available parcels on Sand Key include the proposed parcel which is the southernmost one, a 1.5-acre parcel next to the Gallery Restaurant on the gulfside with a price of approximately $1.2 million and a 5-acre tract with a price of $6-$8 million. Referring to a map of the Sand Key area, he indicated there are two beach access points above the Cabana Club area. Their existence may be debatable; however, there is an existing easement north of the property. There has been discussion regarding the Sailing Center competing for the Cheezem settlement funds. Also, he felt the existing pilings on the property could be taken down to ground level or below for about $20,000, $60,000. Lee Arnold, agent for the property, stated a professional appraisal had been done and the property will eventually be marketed at $1.6 million or better. He believes the property will become a condominium project within a year if not sold to the City. Mr. Arnold said the purchase would be a good business decision. Two citizens spoke in support of the proposed purchase. Concern was expressed regarding beach erosion affecting the recreational value of Sand Key and it was hoped the property would be used as a means to receive beach renourishment. A petition containing 145 resident signatures in support was submitted for the record. Fifteen citizens spoke in opposition to the proposed purchase expressing concerns regarding an increase in traffic, use of adjacent condominium facilities by the public, adjacent condominium owners being responsible for sharing the common elements of this parcel and being assessed accordingly, maintenance costs, removal of the property from the tax rolls, crossing Gulf Boulevard and diminishing values of adjacent properties. There was objection to using all available funds for one project as it was indicated the Sailing Center has been waiting for a building to be constructed. It was indicated a park already exists on Sand Key. It was felt beach renourishment is needed; however, concern was expressed as to whether backfilling of the beach would remain. A petition containing 37 signatures in support of a building for the Sailing Center was submitted for the record. Tim Johnson, attorney representing USX, indicated his client took no position in regard to the proposed purchase and he said, if a functional park is created, his client has offered the services of land planners at their own expense. Discussion ensued in regard to the open space land impact fees collected from Sand Key developments. It was indicated the funds must be used to purchase park lands within 1-1/2 miles of where the monies were collected, the recreation land fees must be spent within 1 mile of where they were collected for land on which to build recreational facilities, the monies from the Cheezem Settlement could be used for any public purpose on Sand Key and the City-wide open space interest could be spent anywhere in the City on purchasing open space land to build recreational facilities. He indicated $545,000 will be collected from the remainder of the Cheezem Settlement and can be used for any public purpose on Sand Key with both portions of the settlement having been discussed by the Commission as possibly funding a building at the Sailing Center. In response to a question, it was indicated the monies from the parking fund loan has been proposed as a loan to be paid from the Cheezem Settlement. Mr. Wilson indicated, if the subject parcel is purchased, no decision has been made as to how it will be developed. The City Manager said this is not the only funding mechanism that could be used for this project and indicated there is presently an undesignated reserve of $949,000 in the Special Development Fund. Concern was expressed regarding possible clouds on this title due to if a condominium is built on the property, the residents adjacent to that property would share the common elements and pay for them accordingly. Mr. Wright indicated the City would require free and clear title to the property. Discussion ensued in regard to the need for more open space on Sand Key, other available parcels, and whether or not purchase of these parcels should be explored. In response to a question, it was indicated there is no set time regarding how long impact fees can be retained before they are committed to a project as long as it is reasonable. Mr. Hunsicker spoke regarding the requirement for parking in connection with beach renourishment. He indicated the City cannot depend solely on the parking at Sand Key park or on the Jolly Trolley as a backup to illustrate available public access. It is believed parking provided for a passive park at the southern point could be credited towards the access necessary for beach renourishment. Mr. Arnold said he viewed this parcel as possibly being used as a park and had not considered it in qualifying for beach renourishment or for parking. He believed this would be a good investment and saw no evidence of a park devaluating the property. Commissioner Nunamaker moved to submit a bid of $1.4 million to purchase the property. Motion failed due to the lack of a second. Discussion ensued in regard to what public accesses were available on the subject property and it was indicated there is one pedestrian easement. There was discussion regarding exploring the other parcels. There was no direction to explore any other parcels. No action was taken. ITEM #41 - Final Site Plan for Lokey Mercedes (Expansion) located on the W side of U.S.19, N of Tropic Hills Dr., Lokey Sub., Lots 1 & 2, Sever Park, S 385' of Lot 1, 8.9 acres (PSP89-25)(PLD) The proposed development involves expansion of the dealership on the north and west sides of the site. The applicant initially requested site plan review on September 7, 1989, and received DRC approval on October 12, 1989. The applicant had also received conditional use approval on July 18, 1989. All these actions occurred before the Comprehensive Plan adoption on November 16, 1989. Finally, the traffic impact study requirement was adopted March, 1990. From staff's perspective, it appears the applicant has been proceeding in good faith based upon regulations which were in place at the time initial site plan review was requested. If the applicant does not promptly (within 60 days) certify this site plan, all concurrency requirements will be imposed. James Polatty, Planning & Development Director, stated a letter had been received from the homeowners supporting the relocation of the driveway on Tropic Hills Drive. Tim Johnson, representing the applicant, indicated the homeowners wanted the driveway relocated and he indicated all codes would be met. A question was raised regarding cars being parked illegally and Mr. Johnson indicated approval of the site plan would take care of that issue. Commissioner Berfield moved to approve the final site plan for Lokey Mercedes subject to the following conditions: 1) unless the City receives a letter from the owner of the single family property at the southeast corner of Burma Avenue and Tropic Hills Drive stating that he/she does not object to the relocation of the driveway on Tropic Hills Drive, the driveway on Tropic Hills Drive shall remain at its current location and not be relocated as proposed. Prior to certification, the site plan shall be revised accordingly. (This letter has been received.); 2) prior to certification, the site plan shall be revised to include the following: On July 18, 1989, the Planning and Zoning Board approved a conditional use for vehicle service, outdoor retail sales, displays, and/or storage for this development subject to conditions including procurement of the building permit within one year of certification of the site plan and that no major repairs, including engine or transmission dismantling, painting, body, fender, muffler, top and upholstery work, as defined in Section 136.024(c)27 of the Land Development Code may be performed on site (for the north portion of the site); 3) signs and fencing/walls are subject to separate review and permitting processes; 4) an additional hydrant must be provided at the north entrance as required by the Fire Marshal. This must be shown on the site plan prior to certification; 5) handicapped spaces shall be provided on the site plan as required by the Traffic Engineer, prior to certification; 6) prior to certification the proposed location for interior islands must be revised to save the maximum number of specimen trees existing on this site; 7) prior to issuance of a building permit, copies of approved SWFWMD, DER and Florida DOT permits must be provided to the City of Clearwater Public Works Department; 8) all requisite certificates of occupancy must be obtained within three (3) years from the date of certification of the site plan; 9) there shall be no parking of vehicles in any open green space areas or in the rights-of-way; and 10) a unity of title must be recorded for all parcels on the site plan, prior to certification of the site plan and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. ITEM #42 - Resolution #90-20 - Proposed renaming of Clearwater Airpark (CM) At its April meeting, the Clearwater Executive Airpark Authority voted to recommend a change in the official name of the City municipal airport. It was felt the current name does not adequately reflect the true usage and spirit of the Airpark. Thus, the Authority felt a name change that simply drops the word "Executive" would bring a more meaningful name to the City's Airpark. The City Attorney pointed out the City's code needs to be amended to reflect the name change. The City Attorney presented Resolution #90-20 and read it by title only. Commissioner Nunamaker moved to pass and adopt Resolution #90-20 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 #43 - First Reading Ordinance #4993-90, Amending Sec. 50.05(c)(3) of Code regarding Wastewater Impact Fees (PW) Ordinance #4954-90 was enacted for the purpose of increasing Wastewater Impact fees. The then-existing sewer impact fee was structured to assess residential and non-residential development at $600 per bathroom (first bath and $100 each additional) and a nonresidential assessment of $600 per Equivalent Living Unit defined also a function of meter size. The intent of the increase was to install a flat fee per living unit of $900 for residential and a $900 multiplier for each equivalent living unit based on meter size. Instead this ordinance was incorrectly written and applied the fee structure for non-residential installation to all development. As a result, an apartment or condo development with many living units would not pay the intended fee per unit but would pay the multiplier associated with the meter size. While the ordinance was written in error, it has been interpreted to produce the correct effect and there need only be a correction in the language to produce what is already being enforced. This ordinance will correct the error retroactively to the effective date and will also allow an opportunity to amend the effective date to accommodate a recent decision by the Commission to offer relief from the increases to certain parties who had already begun development prior to the effective date. The City Attorney presented Ordinance #4993-90 for first reading and read it by title only. Commissioner Fitzgerald moved to pass Ordinance #4993-90 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. ITEM #44 - First Reading Ordinance #4994-90, Amending Sec. 50.05(c)(1) of Code regarding Water Impact Fees (PW) Ordinance #4955-90 was enacted for the purpose of increasing Water Impact fees. The intent of the new ordinance was to increase the flat fee per residential installation from $350 to $580, and to increase the multiplier for non-residential installations by the same amount. Instead the ordinance was incorrectly written and the fee structure for non-residential was presented as the fee structure for all installations. As a result, an apartment or condo complex with many living units would not pay for each unit but would pay by meter size only. While the ordinance was written in error, it has been interpreted to produce the correct effect and there need only be a correction in the language to produce what is already being enforced. This ordinance will correct the error retroactively to the effective date and will also allow an opportunity to amend the effective date to accommodate a recent decision by the Commission to offer relief from the increases to certain parties who had already begun development prior to the effective date. The City Attorney presented Ordinance #4994-90 for first reading and read it by title only. Commissioner Fitzgerald moved to pass Ordinance #4994-90 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. XI - Other Pending Matters - none. CITY ATTORNEY REPORTS XII - Resolutions ITEM #45 - Resolution #90-17 - Dedicating property at NE corner of intersection of Drew St. and Betty Ln. as public right-of-way (Parcel 110.1) The City Attorney presented Resolution #90-17 and read it by title only. Commissioner Fitzgerald moved to pass and adopt Resolution #90-17 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 #46 - Resolution #90-19 - Beach Renourishment Projects The City Attorney presented Resolution #90-19 and read it by title only. Commissioner Regulski moved to pass and adopt Resolution #90-19 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 #47 - Authorization to file an Offer of Judgment - Beatty v. City While Detective Walther of the Clearwater Police was investigating a theft at a branch of the First National Bank of Clearwater, one of the employees accused Catherine Beatty of stealing the money and she was subsequently arrested on May 6, 1987, for grand theft. In October, 1987, the employee who had implicated Ms. Beatty recanted her statements and confessed to having taken the money. The plaintiffs filed a complaint based on false arrest and false imprisonment. A mediation conference was held. The plaintiffs indicated they would accept no less that $50,000. The City offered $14,500 which was rejected. The City Attorney's office, Risk Management, Gallagher Bassett, and the Clearwater Police Department request authorization to make an offer of judgment for $14,500.00 The reason for making the offer of judgment is that if the plaintiffs reject the offer and if they recover less than 75% of the offer ($10,875.00) at trial, the City may be entitled to recover its attorney's fees and its costs incurred from the date the offer of judgment was filed. For example, if the plaintiffs obtain a judgment for $10,000.00 and the reasonable costs of my services to defend the action total $3,000.00, together with $2,000.00 in costs, the judge would enter a final judgment against the City for $5,000.00. Commissioner Regulski moved to approve the request to file an offer of judgment 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 a Florida League of Cities voting delegate. Commissioner Berfield moved to appoint Mayor Garvey. The motion was duly seconded and carried unanimously. XV - Other Commission Action ITEM #48 - Resolution #90-21 - to the Florida Legislature expressing opposition to proposed legislation which relates to the subject of outdoor advertising (Billboards). The City Attorney presented Resolution #90-21 and read it by title only. Commissioner Regulski moved to pass and adopt Resolution #90-21 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. Mayor Garvey requested consensus to write a letter supporting the prohibition of the sale of cold beer. Consensus was to send letter. Commissioner Nunamaker expressed concern regarding the delay in starting the Stevenson Creek Project due to obtaining a stormwater runoff permit. He requested staff make effort to expedite. Commissioner Berfield questioned if staff was responding to complaints about noise at Cha Cha Coconuts on Sand Key. It was indicated staff is investigating. She questioned if staff would work to clear title at Seminole Boat Ramp. Staff recommended no action be taken until probate is settled. XVI - Adjournment The meeting adjourned at 1:20 a.m.