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11/01/1990 CITY COMMISSION MEETING November 1, 1990 The City Commission of the City of Clearwater met in regular session at City Hall, Thursday, November 1, 1990 at 6:00 p.m., with the following members present: Rita Garvey Mayor/Commissioner Richard Fitzgerald Vice-Mayor/Commissioner Lee Regulski Commissioner William Nunamaker 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. In order to provide continuity for research, the items will be listed in agenda order although not necessarily discussed in that order. III - Service Pin Awards. One service pin was awarded to a City employee. IV - Introductions and Awards. A citation of appreciation was presented to Robert Bickerstaffe for his service on the Beautification Committee. Proclamation: The Great American Smokeout - November 15, 1990 V - Presentations The City's Environmental Director, Tom Miller, reviewed Boy Scout Troop 402's Environmental Habitat Restoration Project at the Del Oro Tract. This project consisted of the removal of undesirable vegetation along the shoreline of Coopers Bayou with the replacement of more desirable vegetation providing for improved water quality. He recognized the efforts of Troop 402, and in particular, Scott Bellows and Chris Collins who approached the City with this project. Their supervision and leadership in this effort was done as part of their Eagle Scout project. Mr. Miller thanked the Boy Scouts and the City Commission for their support of the project. The Mayor presented a plaque to Troop 402 in appreciation of their efforts in this project. In response to a question, it was indicated the project took 650-700 hours to complete. VI - Minutes of the Regular Meeting of October 18, 1990. Commissioner Regulski moved to approve the minutes of the regular meeting of October 18, 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. Lillian Trickle requested permission to plant, at her expense, palm trees in front of her store, Trickle Jewelers, on Cleveland Street. Parks & Recreation Director Ream Wilson said the landscape plan for Cleveland Street calls for the planting of hardwood trees. He indicated the City would be approaching the bank on Cleveland Street to replace four of their palm trees with hardwood trees. Consensus was to approve Ms. Trickle's request. Mr. Lewis complained regarding palm trees at Gulf-to-Bay Boulevard and Nimbus Street causing a traffic hazard. Staff is to investigate. VIII - PUBLIC HEARINGS ITEM #9 - Public Hearing & First Reading Ordinance #5028-90 - Vacating portions of 10' drainage and utility easement and 5' drainage and utility easement lying within Willow Ridge Replat Sub., Lot 99 (Jones V90-05)(PW) The applicant's survey shows an encroachment of his house into the easements on the east and south sides of his property. The City has no utilities within these easements. The applicant is requesting this vacation in order to clear the title on his property. Florida Power, General Telephone, and Vision Cable have reviewed this request and have no objections. Commissioner Nunamaker moved to approve the vacation of the west 2 feet of the existing 10 foot drainage and utility easement less the northerly 10 foot and the southerly 3 foot together with the vacation of the northerly 2 foot of the existing 5 foot drainage and utility easement less the westerly 10 foot and the easterly 8 foot of Lot 99 in Willow Ridge Replat Subdivision. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #5028-90 for first reading and read it by title only. Commissioner Fitzgerald moved to pass Ordinance #5028-90 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 - Resolution #90-47 regarding authorizing the placement of liens on properties for unpaid utility bills (AS) The property owners have been notified of their delinquent accounts with the utility system for amounts over $100.00 and that the City may file a lien on their property. As of September 30, 1990, the ages of these delinquent accounts ranged from 327 to 1334 days. Commissioner Berfield moved to approve the resolution authorizing the placement of liens on properties for unpaid utility bills. The motion was duly seconded and carried unanimously. The City Attorney presented Resolution #90-47 and read it by title only. Commissioner Fitzgerald moved to pass and adopt Resolution #90-47. The motion was duly seconded, upon roll call the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. ITEM #11 - (Cont. from 10/18/90) Public Hearing & First Reading Ordinances #5046-90 & #5047-90 - OL Zoning and a Land Use Plan Amendment to Residential/Office for property (.28 acres) located on the E side of S Greenwood Ave. approximately 175' S of Turner St., Maryland Sub., Blk B-1, Lot 1 & N 38' of Lot 2 (Jaquier Z90-07, LUP90-16)(PLD) The owner of the subject property also owns property to the south which is developed with 10 dwelling units in three buildings. This request, if approved, will divide Lot 2 but will not require replatting as it is addressed as an exemption under Land Development Codes Section 133.029(3), which states "The transference of part of one lot or tract to an adjacent lot or tract (is permitted) provided such transference neither reduces any lot or tract to an area or width less than that specified in Chapter 135.000". Both lots will meet the lot size requirements and the RM-28 Parcel is still within density limitations. This lot adjustment is necessary to insure the parcel currently developed in apartments meets the side setback requirements. The subject parcel is presently vacant. If this request is approved the owner proposes to seek a conditional use approval to permit the development of a child day care center on the property. This request will require Pinellas County Planning Authority approval. The request would result in the existing OL Zone to the north and to the west being extended to encompass the approximately two lot parcel. This block between Turner Street and Pine Street is already a mixture of residential and office uses and the proposed amendments would not be incompatible with the surrounding uses. Planning & Development Director James Polatty indicated the OL zoning would be the least intensive district that would allow child care. He said traffic would not be overburdened as N. Greenwood Avenue has a "B" L.O.S. and is not used to full capacity. Donald Sizegreen, architect representing the applicant, indicated, if the request is approved, the owner proposes to develop a child care center for approximately 120 children. He said drop-off and pick-up times would be 8:00 a.m. and 4:00 p.m. Concern was expressed in regard to removing residential properties and adding commercial and office zoning districts on N. Greenwood Avenue. It was indicated the desire is to provide affordable housing in this area. It was indicated that this property is undesirable for residential and approval would increase the tax base, lower demands on police and fire services and compliment the neighborhood. Discussion ensued in regard to the mixed zoning districts in this area. Commissioner Regulski moved to deny the request. The motion was duly seconded, and upon the vote being taken, Commissioners Regulski, Berfield and Mayor Garvey voted "aye," Commissioners Nunamaker and Fitzgerald voted "nay." Motion carried. ITEM #12 - Public Hearing & First Reading Ordinances #5048-90, #5049-90 & #5050-90 - Annexation, Land Use Plan Amendment to Industrial and IL Zoning for property (1.55 acres) located on the N side of Range Rd. approx. 600' W of Belcher Rd., Sec.12-29-15, Pinellas Groves, part of Lots 14 & 15 (Weaver/Florida Realty Fund Two, Ltd. A90-12, LUP90-17)(PLD) The subject parcel was part of a larger parcel owned by J.C. Weaver, President of Weaver Enterprises, Inc. The portion of the property that is the subject of this request became the property of Florida Realty Fund Two, Inc. on October 15, 1990. The currently vacant property is proposed to be developed as a vehicle inspection station. Vehicle service will require conditional use approval under the IL (Limited Industrial) district zoning. A preliminary site plan has been submitted for initial review and referral by the Commission. The owner is having a scheduling problem in getting the inspection station constructed prior to statewide inspection coming into effect. He proposes to seek a service letter to Pinellas County after a courtesy review of his site plan and public hearing on this request. He understands the site plan must be in full compliance with all City development codes prior to the issuance of the sewer letter. Staff recommends an annexation agreement be executed as part of the approval of the proposed development plan that would insure that City development standards are met, while allowing the developer to proceed on schedule. This method of ensuring compliance with City codes is preferable to the standard sewer letter approach. Mr. Polatty indicated an annexation agreement, if needed, would be presented at second reading of the ordinances. Commissioner Regulski moved to approve the annexation, land use plan amendment to industrial and IL zoning on the subject property. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #5048-90 for first reading and read it by title only. Commissioner Fitzgerald moved to pass Ordinance #5048-90 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 #5049-90 for first reading and read it by title only. Commissioner Fitzgerald moved to pass Ordinance #5049-90 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 #5050-90 for first reading and read it by title only. Commissioner Fitzgerald moved to pass Ordinance #5050-90 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 #13 - (Cont. from 10/18/90) Declare surplus property in Plaza Park Sub., Blk G, Lots 1, 5, 7, 8 and 10 (PLD) These lots are adjacent to the old City motor pool in the area east of Myrtle Avenue and north of Drew Street. They were purchased for potential expansion of the motor pool, which has been relocated. The lots are currently zoned for residential use and are located in the Plaza Park neighborhood. Residential structures currently exist on Lots 2, 3, 4, 6, and 9, which are interspersed with the vacant City owned properties. On May 17, the City Commission authorized the creation of an Infill Housing Program for the greater North Greenwood Neighborhood. Property selection for infill homes will be made by the home purchaser. Residential use is the most appropriate designation for these parcels. If purchasers can be found through the program, the property will be returned to a beneficial neighborhood purpose. It is intended that the resale of these properties be oriented toward the Infill Housing Program, however all provisions of the City Charter which govern the sale of surplus property will be addressed. It was indicated the City is not obligated to sell this property. It was also stated that the City can determine the highest and best bids. A suggestion was made that combining the properties with the old garage site and selling them as industrial be considered. In response, Assistant City Manager Michael Wright indicated this is very much a residential area and the Parks and Recreation facilities now located in the old garage would have to be moved. Moving forward with infill housing in the N. Greenwood area was felt to be a positive approach. Commissioner Berfield moved to approve the declaration of surplus property on the subject properties. The motion was duly seconded and, upon the vote being taken, Commissioners Regulski, Fitzgerald and Berfield and Mayor Garvey voted "aye," Commissioner Nunamaker voted "nay." Motion carried. Public Hearing - Second Reading Ordinances ITEM #14 - Ordinance #5043-90 - Land Use Plan Amendment to Industrial for property annexed in Ordinance #5045-90 (Johnson LUP90-15) The City Attorney presented Ordinance #5043-90 for second reading and read it by title only. Commissioner Regulski moved to pass and adopt Ordinance #5043-90 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. ITEM #15 - Ordinance #5044-90 - Limited Industrial Zoning for property annexed in Ordinance #5045-90 (Johnson A90-11) The City Attorney presented Ordinance #5044-90 for second reading and read it by title only. Commissioner Berfield moved to pass and adopt Ordinance #5044-90 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. ITEM #16 - Ordinance #5045-90 - Annexing property on E side of Calumet St. approx. 1,600' W of Hercules Ave., Sec. 1-29-15, M&B 34.26 (Johnson A90-11) The City Attorney presented Ordinance #5045-90 for second reading and read it by title only. Commissioner Berfield moved to pass and adopt Ordinance #5045-90 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. ITEM #17 - Ordinance #5053-90 - Relating to beaches, waterways, applications for waivers from the restrictions on watercraft and aircraft at Clearwater Beach The City Attorney presented Ordinance #5053-90 for second reading and read it by title only. Commissioner Regulski moved to pass and adopt Ordinance #5053-90 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. CITY MANAGER REPORTS IX - CONSENT AGENDA (Items #18-37) - Approved as submitted less Item #29. Agreements - Approved. ITEM #18 - Amendment to agreement dated 11/12/85 with the Chi Chi Rodriguez Youth Foundation, Inc. to allow an extension to 7/7/91 to begin development of a nature park located on city-owned property and to complete said development 7/7/93 (PR) ITEM #19 - Amendment No. 2 to the Countryside Blvd. Widening Engineering Design Services Agreement with Tampa Bay Engineering, Inc., increasing the contract by $224,853.00 to a new not-to-exceed limitation of $424,223.00 (PW) ITEM #20 - Florida Gas Transmission Company Letter Agreement providing for service protection for 20 years or for a fixed duration with a year to year evergreen renewal for Firm Transportation Service (PW) Bids & Contracts - Awarded. ITEM #21 - Renewal of flood insurance coverages for specific City-owned property with payments totalling $37,505.00 (AS) ITEM #22 - Contract for 25 Toshiba Model T120HB Laptop Computers to automate Traffic Accident Reporting to Inacomp Computer Center, Clearwater, FL, for $39,850.00 (PD) ITEM #23 - Annual Contracts for purchase of irrigation parts for the period 11/1/90-9/30/91 to Century Rainaid, Clearwater, for an estimated cost of $46,947.83 and to Banks Supply Company, St. Petersburg, for an estimated cost of $32,036.10 for a combined total of $78,983.93 (PR) ITEM #24 - Annual Contracts for purchase of Insecticides and Herbicides for the period 11/1/90-9/30/91 to Helena Chemical Company, Palmetto, for an estimated cost $24,273.80 and to Van Waters & Rogers, Tampa, for an estimated cost $13,252.80 and to Terra International, Lakeland, for an estimated cost $11,970.52 for a combined total of $49,497.12 (PR) ITEM #25 - Extend contract with the City of St. Petersburg for fiscal year 90/91 for continued participation in the Yard Waste Recycling Pilot Program for an estimated annual cost of $91,000.00 (PW) ITEM #26 - Extend contract for Security Guard Service at the City Parking Garages to Janus Services, Inc., Tampa, for the period 10/1/90-3/31/91 at an estimated total cost of $11,780.00 (PW) ITEM #27 - Contract for Clearwater Airpark - Construct Security Fencing to Smith Fence Co., Clearwater, FL, for $65,503.33 (PW) ITEM #28 - Contract for Clearwater Airpark - Rehabilitate Maintenance Hangar & Operations Building to Drac Corp., Palm Harbor, FL, for $58,858.00 (PW) ITEM #29 - See pages 9-11. ITEM #30 - Contract for engineering services for various site plans and facility designs for Parks & Recreation to King Engineering Associates, Inc., 3 year term for total of $406,290 (PW) ITEM #31 - Contract for engineering services for various intersection improvements to Wade Trim, Inc., 3 year term for total of $470,000 (PW) ITEM #32 - Contract for modular office furniture/panel system for the City Clerk's Department to Corporate Interiors, Clearwater, FL, for $22,046.60 (CLK) Citizens & Staff Requests - Approved. ITEM #33 - Waive $1,958.00 of City services associated with the Downtown Clearwater Association Holiday Parade to be held on 12/8/90 (PR) ITEM #34 - Appoint Sergeant William Sedrick, Officer Richard E. Breest, Mr. Roy R. May and Mr. Donald Hibbard to the Board of Trustees of The Clearwater Police Supplementary Pension Plan (PD) Plans & Plats - Approved. ITEM #35 - Preliminary Site Plan for Vehicle Inspection Station #7 (auto emission inspection building) (1.65 acres m.o.l.)located on the N side of Range Rd. approximately 600' W of Belcher Rd., Pinellas Groves, portion of Lots 14 & 15, Sec. 12-29-15 (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 formula for required parking, stated as per the Land Development Code and "Proposed Parking" must be given in site data calculations prior to submittal of final site plan for Development Review Committee; 2) the "Future Expansion" area must be labeled as Phase II, with breakdown in site data calculations; 3) detention ponds must conform to the City's storm drainage policy, i.e. sodded side slopes. Concrete walled (vertical) detention ponds are unacceptable; 4) the Dumpster Requirement Data Form must be completed prior to site plan certification; 5) the size of domestic water services should be increased as per Utilities Group review; and 6) a corrected traffic impact study as recommended by the Traffic Engineer regarding directional split and trip distribution shall be submitted prior to review of the request by the Planning and Zoning Board and Development Review Committee. The report is subject to approval by the Traffic Engineer with any other changes if deemed necessary by the Traffic Engineer to be made prior to certification of the site plan. Receipt & Referral - Received and Referred. ITEM #36 - Text Amendment to the Code of Ordinances establishing a Ticketing Ordinance for infractions of the Occupational License Ordinance, Nuisance Ordinance and Land Development Code (PLD) CITY ATTORNEY Agreements, Deeds & Easements - Accepted. ITEM #37 - Waiver agreement regarding marked corridor for operation of watercraft - Equitel/JP Hotels d/b/a Holiday Inn Surfside and Periotis Commissioner Regulski moved to approve the Consent Agenda as submitted less Item #29 and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. ITEM #29 - Contract for Clearwater Airpark - Reconstruct Runway and Taxilanes to R.E. Purcell Construction Co., Ozona, FL, for $227,540.00 (PW) On February 1, 1990, the City Commission authorized the execution of a Joint Participation Agreement (JPA) with the Florida Department of Transportation (FDOT) for the purpose of reconstructing the runway and taxilanes at Clearwater Airpark. The JPA is one of two authorized with the FDOT for installing improvements at the Airpark on a 50/50 cost sharing basis. Funding for the City's share was authorized by the Penny for Pinellas infrastructure tax. The State will reimburse the City for the State's share upon completion of the project. The project was designed by the City's airport consulting engineer, Greiner, Inc. That firm is in charge of the construction process including bidding and construction management. Plans and specifications for the runway/taxiway project were prepared in accordance with FAA, State and City requirements and have been reviewed and accepted by the FAA, FDOT and the City's airport authority. Discussion ensued in regard to the price of asphalt being up due to the Persian Gulf crisis and whether or not the City should wait in proceeding with this project. A question was raised as to the urgency of resurfacing the runways at this time. Public Works Director Bill Baker indicated the runways are worn and not in good shape. He did not recommend waiting and felt the prices would go up, if anything. The project is scheduled for a 60-day completion and it was felt the contractor had bid a reasonable price. Concern was expressed that postponing this project would affect the grant period with the state for reimbursing the City. Discussion ensued in regard to the last time the runways had been resurfaced and whether or not this item should be postponed for two weeks in order to obtain information regarding the urgency of the resurfacing at this time. A citizen spoke in opposition to putting any more money into the Airpark indicating it does not generate enough dollars to maintain itself. He requested the Commission close the Airpark and consider another site. Commissioner Fitzgerald moved to approve the award of contract for Clearwater Airpark to reconstruct the runway and taxilanes to R. E. Purcell Construction Company. The motion was duly seconded. It was indicated other issues needed to be considered such as the concern expressed regarding the location of the City's Sanitation Complex. Discussion ensued in regard to the possibility of extending the runways to the north and south allowing the planes to reach higher altitudes more quickly and whether this could be considered in conjunction with the resurfacing. Discussion continued in regard to whether there was an urgency at this time in proceeding with this project. Upon the vote being taken, Commissioner Fitzgerald and Mayor Garvey voted "aye," Commissioners Regulski, Nunamaker and Berfield voted "nay." Motion failed. Commissioner Regulski moved to defer the award of the contract two weeks subject to a report from the Public Works Department on the urgency in proceeding with this project. The motion was duly seconded. Discussion continued in regard to extending the runways in conjunction with the resurfacing and it was indicated this would be looked into as a separate issue. The City Manager indicated the Sanitation Complex and runway issues will be agendaed for discussion on December 20, 1990. A representative of the Airport Authority expressed concern that the City is gambling with safety in not approving the contract at this time. He said the runway contains dips and bumps and that the taxiway and taxilanes are full of potholes. He said the runway has been settling drastically over the past five years. Upon the vote being taken, Commissioners Regulski, Nunamaker and Berfield voted "aye," Commissioner Fitzgerald and Mayor Garvey voted "nay." Motion carried. X - OTHER ITEMS ON CITY MANAGER REPORT ITEM #38 - Final Site Plan for Island Estates Dry Storage Marina located at 271 Windward Passage (PLD) On August 2, 1990, the City Commission reviewed a preliminary site plan for this site for a proposed modification to the existing high dry storage structure. The City Commission authorized the site plan to go forward through the review process with the final site plan returning to the City Commission for final action. According to the developer's architect, the height of the structure was to meet the 50-foot maximum height restriction of the CG District for which the property is zoned. While the site has no conforming improved parking area, the applicant proposed to redevelop the east side of the site, which was previously used for outdoor service and the south side of the site into parking areas to provide parking for the additional boat storage. The parking area on the east side of the site was to be accessible from one driveway off Windward Passage and the southerly parking area was to be accessible also from Windward Passage via an existing City owned parking area for the Clearwater Marine Science Center. On August 9, 1990, setback variances to permit a roof addition were denied by the Development Code Adjustment Board as the Board was concerned about the nonconforming setbacks and parking on the site. The applicant has appealed the decision of the Board and is waiting for an appeal hearing assignment. He has also submitted a revised plan replacing the existing structure and meeting all requirements of the land development code, including total parking and setback requirements. The additional parking spaces are being provided in a new parking area on the west side of the site, west of the proposed structure. The revised final plan was reviewed by the Development Review Committee (DRC) with the necessary revisions required being made to the site plan currently being presented to the Commission. Included with the final submittal is a letter from the Clearwater Marine Science Center (CMSC) agreeing to the 20-foot ingress/access easement across the northern portion of the CMSC property. The Planning and Development Director indicated that at the Work Session on Monday, the Commission had questioned whether or not the applicants would consider the addition of conditions requiring the Marine Science Center be allowed to park on the Marina property when the Marina is not open and an access easement be provided over the Marina property. He indicated the applicants have agreed to the parking for the Marine Science Center but do not wish to provide the requested easement. Harry Cline, attorney representing the applicant, stated the revised site plan meets all codes and the applicant agrees to all conditions required by the DRC as well as the condition to allow the Marine Science Center to use the marina parking during off hours. He said granting an access easement would create a main access drive that could not be controlled and would not be practical from a safety standpoint. He displayed a drawing showing the impact of the proposed easement on the marina property. He requested the plan be approved with staff conditions and the shared parking agreement. In response to a question, it was indicated the marina's hours of operation are from 8:00 a.m. to 5:30 p.m. It was indicated that the easement over the marina property was being requested in order to maintain some flexibility if plans of the Marine Science Center or the City (should the MSC property revert to the City) should change in the future. Discussion ensued regarding the need for this easement. A concern was expressed regarding the granting of the access easement over the Marine Science Center property possibly triggering the reverter clause to the State. The City Attorney indicated he did not feel this would happen. In response to questions, Mr. Cline indicated the marina patrons would not be allowed to use Marine Science Center Parking, the marina will be paying the Marine Science Center for the use of their property, the MSC will be allowed to store three of its boats in the marina and the applicants have a good relationship with MSC. Discussion returned to the need for the easement across the marina property with concerns being expressed that once the easement is granted across the Marine Science Center property the City will lose control over that easement as it will become a three party easement. A question was raised regarding one of the conditions of the conditional use granted by the Planning and Zoning Board prohibiting the testing of engines between the hours of 9 p.m. and 6 a.m. It was requested this be changed to between 9 p.m. and 8 a.m. Mr. Cline indicated this would be no problem. Discussion then ensued regarding whether there was a need to limit the hours of operation of the marina. Commissioner Regulski moved to approve the subject site plan with the provision that a 20 foot easement through the middle of the parking lot on the west end be granted to the City and the Marine Science Center and the conditions recommended by staff as well as condition #l4, no engine repairs between the hours of 9 p.m. and 8 a.m., and condition #15, the Marine Science Center would have available use of the marina parking areas after closing hours of the marina. The motion was duly seconded, and upon the vote being taken, Commissioners Regulski and Berfield voted "aye," Commissioners Fitzgerald and Nunamaker and Mayor Garvey voted "nay." Motion failed. Several motions were made that died for the lack of a second. Discussion ensued regarding the need for an easement across the marina property and the need to limit the hours of operation of the marina. A question was raised regarding the location of the easement across the Marine Science Center property and Exhibit A was presented to illustrate the easement location. Commissioner Nunamaker moved to approve the final site plan subject to the following conditions: 1) the fire hydrant needs to be moved near the entrance but not closer than 40 feet from the building; 2) the siamese connection must be shown on the site plan 10 to 40 feet of the hydrant, on the same side of the entrance as the hydrant, at least 15 feet from the building, prior to certification; 3) the building and habitable areas must meet City Code requirements for flood zones; 4) subject to the first three conditions by Utilities on the handout as follows: (a) prior to the issuance of a C.O., the dumpster must be visually screened and backflow prevention devices will be required on water meters, (b) backflow prevention devices must be installed by the City with applicable fees being paid by the owner, (c) prior to site plan certification, the Dumpster Requirement Data Form must be completed and returned to the City Sanitation Division; 5) prior to certification, a copy of the application to SWFWMD must be submitted to Public Works; 6) prior to the issuance of a building permit, copy of the SWFWMD permit must be submitted to Public Works; 7) the sanitary sewer tie in must be shown on the plan prior to certification; 8) Handicapped spaces and ramps, in accordance with State Standards, shall be shown on the site plan prior to certification; 9) the vehicular easement with the City on the south side shall be shown and dimensioned correctly on the site plan prior to certification; 10) subject to the applicable parking formula being given on the site plan prior to certification; 11) a copy of the recorded requisite parking vehicular easement with the City shall be submitted to Planning and Development prior to certification of the site plan; 12) signs and fencing/walls shall be subject to separate review and permitting processes; 13) the requisite initial building permit shall be procured within one year from date of certification and all requisite certificates of occupancy shall be obtained within three years from the date of certification, 14) no engine testing or repairs between the hours of 9:00 p.m. and 8:00 a.m.; 15) a parking agreement between the Marine Science Center and Island Estates Dry Storage Marina be granted permitting Marine Science Center parking at the Island Estates Dry Storage Marina during off-hours and that the vehicular easement with the City be as described in Exhibit "A" which is attached, and as such, is made part of the minutes, and 16) that the hours of operation not exceed 6:00 a.m. to 9:00 p.m. The motion was duly seconded, and upon the vote being taken, Commissioners Nunamaker and Fitzgerald and Mayor Garvey voted "aye," Commissioners Regulski and Berfield voted "nay." Motion carried. ITEM #39 - Funding for the Florida Orchestra - $10,000.00 contribution (CM) The fiscal year 1990-91 general fund budget allocates $10,000.00 to be contributed to support the Florida Orchestra. Florida Orchestra Senior Vice-President, Tom Giddens, states the contribution will be used to underwrite " a portion of every one of the Orchestra's annual public performances which reach over 175,000 children, adults and senior citizens in the Tampa Bay area." Conversation with Mr. Giddens' office indicates that approximately $1,100,000 of the $1,823,000 goal has been raised either through actual cash received and/or signed pledges, and that the Florida Orchestra fully intends to complete this current concert season. Commissioner Regulski moved to authorize payment of the $10,000.00 contribution to support the Florida Orchestra and that the appropriate officials be authorized to execute same. The motion was duly seconded, and upon the vote being taken, Commissioners Regulski, Nunamaker and Berfield and Mayor Garvey voted "aye," Commissioner Fitzgerald voted "nay." Motion carried. ITEM #40 - Planning & Zoning Board - 1 appointment (CLK) Commissioner Regulski moved to reappoint Kenneth Hamilton. The motion was duly seconded and carried unanimously. ITEM #41 - Municipal Code Enforcement Board - 2 appointments (CLK) Commissioner Berfield moved to reappoint William S. Murray and D. Wayne Wyatt. The motion was duly seconded and carried unanimously. ITEM #42 - Airport Authority - 1 appointment (CLK) Commissioner Berfield moved to appoint Dr. Theresa Goss. The motion was duly seconded and carried unanimously. ITEM #43 - Beautification Committee - 1 appointment (CLK) Commissioner Berfield moved to continue this appointment until next cycle. The motion was duly seconded and carried unanimously. XI - Other Pending Matters - none. CITY ATTORNEY REPORTS XII - Other City Attorney Items - none. XIII - City Manager Verbal Reports - none. XIV - Other Commission Action ITEM #44 - Resolution #90-48 - Supporting Metropolitan Planning Organization's recommendations regarding amendments to the Traffic Impact Fee Schedule This resolution recognizes the considerable effort undertaken by the MPO to improve fairness and equity within the existing transportation impact fee calculations and methodology. The MPO study recommends the inclusion of credits for state and local gasoline taxes and a portion of the Penny for Pinellas sales tax earmarked for local road improvements and adjusts the various formulas for calculating transportation impacts for new development based upon Pinellas County statistics. The Pinellas County Board of County Commissioners is scheduled to review the MPO transportation impact fee study during its regular meeting of December 4, 1990. Commissioner Regulski reported regarding the MPO study. The City Attorney presented Resolution #90-48 and read it by title only. Commissioner Berfield moved to pass and adopt Resolution #90-48 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 urged everyone to vote on November 6, 1990, and to support Amendment #3 regarding state mandates. Commissioner Berfield questioned if staff was responding to all the letters that have been received regarding the Officer Friendly Program. It was reported that responses have been made. She questioned if we had responded to Mr. Lindner regarding the use of the parking garage for Pinellas Trail users. The City Manager is to check. Commissioner Regulski spoke in opposition to Amendment #3 stating it would place serious constraints on State Legislation. Commissioner Fitzgerald reported the Mayor's Council request for a Clearwater representative on the Environmental Code Committee was a request for a staff person and he felt Environmental Manager Tom Miller would be the logical choice. He asked when the Environmental Advisory Committee would begin its work and the City Manager responded the first meeting has been established for some time in November. XV - Adjournment The meeting adjourned at 9:05 p.m.