Loading...
04/02/1992 CITY COMMISSION MEETING April 2, 1992 The City Commission of the City of Clearwater met in regular session at City Hall, Thursday, April 2, 1992 at 6:03 p.m., with the following members present: Rita Garvey Mayor/Commissioner Sue A. Berfield Vice-Mayor/Commissioner Lee Regulski Commissioner William Nunamaker Commissioner Richard A. Fitzgerald Commissioner Arthur X. Deegan II Commissioner-Elect Also present: Michael J. Wright 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 Mary K. Diana Assistant City Clerk The Mayor called the meeting to order and led the Pledge of Allegiance. No minister was present to offer the invocation. In order to provide continuity for research, the items will be listed in agenda order although not necessarily discussed in that order. ITEM #3 - Service Pin Awards Two service pins were awarded to City employees. ITEM #4 - Introductions and Awards Citations of Appreciation for service on the Community Relations Board were presented to Sally I. Constantinou and Edward J. Henry. Proclamations: A. Epsilon Sigma Alpha International Day - May 1, 1992 B. Prevent A Litter Month - April 1992 Farewell to Commissioner Nunamaker Commission members presented farewell gifts to Commissioner Nunamaker. He thanked the citizens for their past support and announced he will not run for County Tax Collector. The meeting recessed from 6:24 p.m. to 6:31 p.m. Commissioner Nunamaker left the meeting. Oath of Office Administered The City Clerk administered the Oath of Office to Commissioners Fitzgerald and Deegan. The Mayor introduced their family members who were present at the meeting. The meeting recessed from 6:34 p.m. to 6:37 p.m. ITEM #5 - Presentations - none. ITEM #6 - Minutes of the Regular Meeting of March 19, 1992 Commissioner Fitzgerald moved to approve the minutes of the regular meeting of March 19, 1992, as recorded and submitted in written summation by the City Clerk to each Commissioner. The motion was duly seconded and carried unanimously. ITEM #7 - Citizens to be heard re items not on the Agenda William Wallace requested the difference in notification requirements for vacation requests be reviewed. He felt there was a discrepancy between this requirement and the requirement that property owners within 200 feet of a rezoning or similar request, as more than abutting owners are affected by vacations of right-of-way. The meeting recessed for pictures from 6:43 p.m. to 6:45 p.m. PUBLIC HEARINGS ITEM #8 - Public Hearing - Res. #92-24 authorizing the placement of liens on properties for unpaid utility bills (AS) Property owners who have delinquent accounts with the utility system for amounts over $100.00 have been notified by staff of their indebtedness and the fact the City may file a lien on their property for the amount of the delinquent account. These owners have also been notified by the City Clerk of the public hearing regarding their indebtedness pursuant to Chapter 50, Section 50.08 of the City Code of Ordinances. 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 #92-24 and read it by title only. Commissioner Fitzgerald moved to pass and adopt Resolution #92-24 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call the vote was: "Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey. "Nays": None. ITEM #9 - Public Hearing - Vacating Pine St. r-o-w (formerly Grove St.) lying south of Starr and Savery's Add., Blk 3, Lots 3 & 4 and north of Blk 5, Lots 1 & 2 (Church of the Ascension, Inc., V92-02)(PW) The applicant proposes to construct a structure connecting the main church building on the north side of Pine Street with the other church facilities on the south side of Pine Street. Also in another location, they propose to construct a covered walkway across Pine Street connecting the two buildings. This request was brought to the Commission previously on March 15, 1990. The City has sanitary and storm sewer systems and water lines within the right-of-way and, since the applicant proposes to develop within the right-of-way, the existing utilities would have to be either relocated or abandoned at the applicant's expense. This petition has been reviewed by the various City departments and divisions concerned, and except for those of the Police and Fire Departments, there were no objections, subject to the above. The Police and Fire Departments are recommending denial because if this street is vacated, the result may affect response times and access to existing properties. Florida Power and Vision Cable have facilities within the existing right-of-way which will have to be relocated, at the applicant's expense, if an easement can not be retained. General Telephone has no objections to the vacation. The City Manager reported the fire chief has met with church representatives and they have worked out the concerns regarding adequate fire access and the police department no longer objects. He indicated two letters in opposition have been received from property owners on Bay Avenue. Harry Cline, attorney representing the applicant, indicated the two objections from Bay Avenue have been withdrawn and said a petition in support containing 300 names has been submitted. He indicated the right-of-way is used mostly by the church and would benefit the community if vacated. The vacation would give the campus a contiguous effect. It also serves groups such as the Boys Scouts, Girls Scouts, Alcoholics Anonymous, Religous Community Services, etc. Two citizens spoke in opposition to the request indicating the area is a maze of streets with a lot of residential parking on Oak and Bay Avenues which are one-way streets. It was indicated Orange Avenue is the only through way and it is felt the Pine Street right-of-way is an important access during peak hours and emergency situations. Representives of the church said it was not their intent to shut down public traffic but to create an area the community could be proud of. They indicated their concern was for aesthetics and the safety of the children. One citizen spoke in support of the request indicating the curbs are deteriorating. She said when cars are parked on Pine Street, it is difficult to get through the narrow street. In response to a question, Mr. Cline indicated he was aware of the conditions imposed by the fire department in a memo dated March 31, 1992. Commissioner Fitzgerald moved to approve the subject vacation request with the conditions that the easement be retained as a drainage and utility easement, a designated fire lane be provided on the north side of the sanctuary with approved signs being 15 feet from Bay Avenue and at 30-foot intervals thereafter and there be designated "no parking" areas at the fire hydrants on Orange and Bay Avenues. The motion was duly seconded. Concerns were expressed in regard to the traffic and parking problems in this area and it was felt approving this request may help to alleviate some of the traffic through the residential areas. In response to a question, it was indicated the alley north of the church is open to traffic. Discussion ensued in regard to the majority of parking on Pine Street being from the church. It was felt allowing this request would also make it more convenient for the handicapped. The City Attorney stated the vacation would come back for ordinance readings. Upon the vote being taken, the motion carried unanimously. ITEM #10 - (Cont. from 3/19/92) Variances to Sign Regulations for property (Fortune Federal Savings & Loan Assoc) located at 18401 US19N, Levitz Plaza Shopping Center, formerly Grant's Plaza, Sec. 20-29-16, M&B 33.02, 33.021 & 33.06 (Home Shopping/Paxson, SV92-04)(PLD) Due to a conflict, another attorney has been retained for this case. He has not had time to prepare and is requesting a continuance. Commissioner Berfield moved to continue this request to the next regularly scheduled meeting of April 16, 1992. The motion was duly seconded and carried unanimously. ITEM #11 - Public Hearing - Declare as surplus and approve the deeds for right-of-way and a drainage easement to FDOT and adopt Res. #92-29 - Authorizing execution of agreement for the relocation of city utilities (PW) The Florida Department of Transportation (FDOT) is proposing to widen S.R. 580 from Countryside Boulevard to Kendale Drive. They propose to start construction in fiscal year 1993/94. Inasmuch as they propose to widen the road to six lanes, they will need additional right-of-way along several City parcels of land. In order to meet Florida Department of Environmental Regulation requirements for storm drainage, the FDOT will also need parcels for drainage purposes. The City's contribution of this right-of-way will encourage and expedite this improvement and continue the longstanding cooperation between the City and the FDOT. Because of the proximity of the Countryside Police Station, the Police Chief has been informed about this requirement and has no objection to this request. The FDOT is asking for deeds to four parcels of land. Three will be used for right-of-way purposes and one parcel will be used as a water storage area. A 10 foot by 10 foot drainage easement located adjacent to the two reservoirs will also be required. An agreement between the City and FDOT calls for the FDOT to pay all costs for the relocation of any city-owned utility line, whether located within the actual property being transferred or in some portion of the existing right-of-way. This consideration is believed to have a value of approximately $400,000 which would otherwise be paid by the City. Public Works Director Bill Baker stated in the proposed contract the City agrees to convey to the FDOT deeds to the property in exchange for them performing and assuming all costs for all utility relocation associated with this project. Commissioner Fitzgerald moved to declare as surplus the following parcels: 1) Parcel 100.1, Section 15070-2524: The northerly 8 ft mol of the easterly 200 ft mol of the following described parcel: from the center of Sec 29-28-16, S 50 ft to the POB; W 1071.7 ft; S 45( W 39.27 ft; S 79.60 ft; S 12( W 149.41; S 35( E 35.03 ft; S 56( E 420.53 ft; N 33( E 315.13 ft; E 591.87 ft; N 250 ft to POB, containing 1549 sq ft mol.; 2) Parcel 800.1, Section 15070-2524: A 10 ft by 10 ft parcel lying in the northeasterly portion of the following described parcel: from the center of Sec 29-28-16, S 50 ft to the POB; W 1071.7 ft; S 45( W 39.27 ft; S 79.60 ft; S 12( W 149.41; S 35( E 35.03 ft; S 56( E 420.53 ft; N 33( E 315.13 ft; E 591.87 ft; N 250 ft to POB, containing 100 sq ft, mol.; 3) Parcel 144.1, Section 15070-2524: The southerly 29 ft mol of the following described parcel: the W 50 ft of the SW 1/4 of the NW 1/4 of Sec 28-28-16 lying north of State Rd 580, containing 1335 sq ft mol.; 4) Parcel 103.1A, Section 15070-2525: That portion of the SE 1/4 of the SW 1/4 and the SW 1/4 of the SE 1/4 of Sec 21-28-16 and the NE 1/4 of the NW 1/4 of Sec 28-28-16 lying within 180 ft mol north of the centerline of State Rd 580, containing 5.47 acres mol.; and 5) Parcel 103.1B, Section 15070-2525: That portion of the SE 1/4 of the SW 1/4 of Sec 21-28-16 and the NE 1/4 of the NW 1/4 of Sec 28-28-16 lying within 260 ft mol north of the centerline of State Rd 580, containing 1.47 acres mol. and approve the deeds for right-of-way and a drainage easement to the Florida Department of Transportation (FDOT). The motion was duly seconded and carried unanimously. The City Attorney presented Resolution #92-29 and read it by title only. Commissioner Fitzgerald moved to pass and adopt Resolution #92-29 and authorize the appropriate officials to execute same. The motion was duly seconded, upon roll call the vote was: "Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey. "Nays": None. ITEM #12 - (Cont. from 3/5/92) Public Hearing - Vacating Hart Street right-of-way lying south of Harts 2nd Add., Blk 3, part of Lot 8, together with Lots 9, 10 and vacated alley lying between said lots and north of Jones Sub. of Nicholsons Add., Blk 3, Lots 6- 8, and part of Lot 9 (Gangelhoff/Gulf Marine V92-01)(PW) It is requested this item be continued in order to establish all the conditions necessary for this vacation. Commissioner Berfield moved to continue this item to the regularly scheduled meeting of June 4, 1992. The motion was duly seconded and carried unanimously. Public Hearing - Second Reading Ordinances ITEM #13 - Ord. #5182-92 - Annexing property N of Union St., S of Ashland Dr., and E of Beecher Rd., Citrus Heights Manor, First Add., Lot 50 (1919 Ashland Dr.)(Hilpl A91-12) The City Attorney presented Ordinance #5182-92 for second reading and read it by title only. Commissioner Berfield moved to pass and adopt Ordinance #5182-92 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey. "Nays": None. ITEM #14 - Ord. #5183-92 - Land Use Plan Amendment to Low Density Residential for property located at 1919 Ashland Dr., Citrus Heights Manor, First Add., Lot 50 (Hilpl LUP91-13) The City Attorney presented Ordinance #5183-92 for second reading and read it by title only. Commissioner Fitzgerald moved to pass and adopt Ordinance #5183-92 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey. "Nays": None. ITEM #15 - Ord. #5184-92 - RS-8 Zoning for property located at 1919 Ashland Dr., Citrus Heights Manor, First Add., Lot 50 (Hilpl A91-12) Commissioner Berfield moved to amend Ordinance 5184-92 in the title by changing "Lot 51" to read "Lot 50." The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #5184-92 as amended for second reading and read it by title only. Commissioner Fitzgerald moved to pass and adopt Ordinance #5184-92 as amended on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey. "Nays": None. ITEM #16 - Ord. #5186-92 - Relating to marine improvements; amending Secs. 145.01 thru 145.11, re: docks, piers, seawalls, bridges and other marine structures The City Attorney presented Ordinance #5186-92 for second reading and read it by title only. Commissioner Fitzgerald moved to pass and adopt Ordinance #5186-92 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey. "Nays": None. CITY MANAGER REPORTS CONSENT AGENDA (Items #17-35) - Approved as submitted less Items #19 and #33. Agreements - Approved. ITEM #17 - Lease Agreement with Pinellas County School Board for portion of the Curtis Fundamental Clearwater Comprehensive School Complex located on the east side of Holt Avenue from 5/1/92 to 4/30/93 (AS) ITEM #18 - Promotional License Agreement with Clearwater Mall Company allowing Parks & Recreation Department to conduct a Mall Show on 7/25/92 (PR) ITEM #19 - See page 9 Bids & Contracts - Awarded. ITEM #20 - Annual contracts for the period 4/8/92-4/7/93 to purchase the estimated requirements for low pressure polyethylene pipe and fittings to the following: Phillips Engineering, FL, est. $163,838.25; Empire Pipe, FL, est. $26,937.30; Perfection Corp., OH, est. $15,962.50; Allied Corrosion, GA, est. $11,296.50 & Consolidated Pipe and Supply, AL, est. $29,675.05, for an est. total of $247,709.60 (GAS) ITEM #21 - Purchase of 1 - 1992 Case 1085-C Hydraulic Excavator from Case Power and Equipment, Tampa, FL, for $106,269; financing to be provided under City's Master Lease Purchase Agreement with AT&T Credit Corp. (GS) ITEM #22 - Purchase of 1 - 1992 Ford F-600 Cab and Chassis 2-ton truck from Gator Ford Truck Sales, Inc., Tampa, FL, for $24,294.48, State Contract 070-700-92-1 (GS) ITEM #23 - Extension of contract for new/recap tires and tire services with Don Olson Firestone, Clearwater, FL, for the period 4/1/92-9/30/92, at an est. cost of $137,000 (GS) ITEM #24 - Purchase of 1 - 1992 International 2-ton Truck with Flatbed, 4x4 beach model, from Sun State International Trucks, Tampa, FL, for $43,591; financing to be provided under City's Master Lease Purchase Agreement with AT&T Credit Corp. (GS) ITEM #25 - Extension of contract with CLSI, Inc., Newtonville, MA, for maintenance of the Clearwater Public Library LIBS100 system for the period 4/1/92-9/30/92 at a monthly cost of $5,976 ($35,856)(LIB) ITEM #26 - Purchase of miscellaneous sizes of water meters from Sunstate Meter and Supply, Inc., Gainesville, FL, through a Pinellas County Cooperative Bid Contract for the balance of the contract period (11/5/91-11/4/92) for a total est. amount of $71,585 (PW) Citizens & Staff Requests - Approved. ITEM #27 - Declare Vehicles and Equipment Surplus to City Needs and authorize the sale of same to highest bidder at Public Auction (GS) ITEM #28 - Request from Clearwater Festivals, Inc. (CFI) to waive City Fees and Charges for Seven 1992 Fun'n'Sun Festival Events which include Fun N' Sun Parade, Fun N' Sun in the park, Fun N' Sun Music Events, City of Clearwater and Morton Plant Hospital Bike to the Beach, Fun N' Sun Run and Corporate Relay prior to the parade, Streetfest 92' and Easter Bunny Run and grant permission for CFI to authorize all festival vendors (PR) ITEM #29 - (Cont. from 3/5/92) Res. #92-21 - Repetitive Loss Plan - Community Rating System Program (PLD) To be Cont. to 4/16/92 ITEM #30 - PPC's Local Government Grant for the City's implementation of the Countywide Consistency Program in regard to the City's Comprehensive Land Use Plan Text/Map and associated Land Development Code standards (PLD) ITEM #31 - Public Service, Public Facility and Homeless Shelter Subrecipients policy for 1992-93 CDBG program (PLD) ITEM #32 - Offer by M/Ms Brady and Kimberly Brady to purchase city surplus property located at 1388 Hibiscus St., Pinebrook Sub., Blk B, Lot 1, for $35,000 (PLD) ITEM #33 - See page 10 Receipt & Referral - Received and Referred. ITEM #34 - Annexation, Land Use Plan Amendment and RS-8 Zoning for property located at 1750 W. Manor Ave., Lot 22 and N 5' of Lot 23, Clearwater Manor (Brown, A91-08, LUP91-9)(PLD) CITY ATTORNEY Agreements, Deeds & Easements ITEM #35 - Quit Claim Deed - Sec. 14-29-15, for alley south of Drew St. and east of Duncan Ave. (M. Conner, Inc.) Commissioner Berfield moved to approve the Consent Agenda as submitted less Items Nos. 19 and 33 and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. ITEM #19 - Agreement with Ervin's All American Youth Club, Inc. for the Club's continuing use and supervision of the Holt Avenue youth center (PR) Ervin's All American Youth Club, Inc. has been operating out of Holt Avenue Youth Center since 1987. The existing agreement has a three year term and expires on April 14, 1992. This amendment will extend the term of this agreement from month to month, but not later than September 30, 1992, which is the end of the City's fiscal year. On March 19, 1992, the Commission approved a contribution of $10,000 to Ervin's All American Youth Club, Inc. to assist the Club in meeting payroll expenses. Also, over the past several years, the Holt Avenue Building has been improved as a result of several renovation projects. These include a new roof, a new 30 foot expansion at the west end of the building, new kitchen facilities, beautification, etc. Concerns had been expressed at the March 30th work session regarding extending the agreement for three years at this time. Consensus had been to extend it on a month-to-month basis until a report on the effectiveness of this program has been prepared. This report will be prepared and submitted to the Commission on or before June 1, 1992 to allow for Commission discussion before release of the City Manager's recommended 1992/1993 budget. Commissioner Fitzgerald moved to approve the amendment to the agreement between the City and Ervin's All American Youth Club, Inc. which will allow the club to continue using Holt Avenue Youth Center on a month to month basis, but not later than September 30, 1992. The motion was duly seconded and carried unanimously. ITEM #33 - Approving Clearwater Public Library System Long Range Plan: 1992-2001 (LIB) In May, 1990, the Long Range Planning Committee was formed and was charged by the Library Advisory Board with developing a ten year plan for Library services. The sixteen member committee was composed of representatives from the Library Board, Friends of the Clearwater Library, Greater Clearwater Public Library Foundation, staff and the general public. To accomplish its task, the Committee followed guidelines established by the American Library Association for local planning processes. In addition, the results of a citizen survey implemented in January, 1991, were studied; Dr. Diane Bordner of Bordner Research presented an overview of this survey to the Commission in July, 1991. As a result of the planning process, the completed document is tailored to local interest and expressed library service needs: it targets service to children and to the business community as top priority development areas. At the same time, it reflects cost consciousness: 85% of the 52 objectives set forth in the document can be achieved with current funding levels. Of the remaining 8, 5 would require additional space in the Main Library and are placed at the end of the time line to allow study; one, a market research survey of the business community, is being funded this year through salary savings; funding for the Clearwater Sun morgue access project is being sought by the Foundation; and one involves an additional staff member for a fee-based business information service at the end of a three year trial of that project. Due to questions being raised regarding the projected population figures and whether renovation or a new library was considered in the plan, it was requested this item be continued. Commissioner Berfield moved to continue this item to the next regularly scheduled meeting of April 16, 1992. The motion was duly seconded and carried unanimously. OTHER ITEMS ON CITY MANAGER REPORT ITEM #36 - Res. #92-27 - pertaining to Non-Resident Fees, allowing for the collection of said fees from participants of previously exempt co-sponsored programs where leadership is provided by outside organizations and facilities are provided by the City (PR) In 1975, the Commission first approved a procedure by which non-residents wishing to participate in City recreation programs were assessed a "comparable sum" (fee) approximately equal to the per capita recreation expense shared by each City of Clearwater resident. However, specifically exempted from this requirement are "programs where leadership is provided by non-City employees". For example, Little League Baseball, Youth Soccer, Shuffleboard, etc. These "programs" are made available to participants by independent organizations which have each entered into separate agreements with the City. At this time, there are approximately thirty co-sponsored groups using eighteen separate City-owned facilities. An analysis of the co-sponsored groups' rosters indicates over 50% of all co-sponsored group participants are not residents of the City. This represents over 2,000 program participants who currently pay no taxes to the City, and thus do not contribute to the ongoing maintenance and utility costs at these facilities. Through additional study, it has been determined that approximately 50% of the cost of City sponsored programs is for maintenance while the remaining 50% is for leadership. Non-residents participating in these City sponsored programs currently pay a fee of $51.00 designed to recover both leadership and maintenance costs. However, in co-sponsored programs, leadership is provided by volunteers. Therefore, staff feels it fair and equitable that non-resident participants of co-sponsored programs pay only that portion of the fee for maintenance which will be $25.00. If the fee is set at $25.00 per year per person, which is inclusive of an estimated $3.00 cost for material and processing, approximately $44,000 in net revenue may be generated for the City. Staff feels the collection of applicable fees from co-sponsored group participants can best be facilitated by requiring the co-sponsored groups to include the City of Clearwater "Participant Card" number for each of their members on their official roster. Application for participants cards, either resident, non-resident or co-sponsored, may be made at any of 10 City recreation centers. If this resolution is approved, all co-sponsored groups will be required to submit complete rosters of their participants effective January 1, 1993. Parks & Recreation Director Ream Wilson stated Clearwater was one of the first cities to have a non-resident fee and ever since that time the City has exempted co-sponsored organizations. These organizations such as Little League, Lawn Bowling, Shuffleboard, Horseshoe, Soccer are coached by volunteers which saves the City from hiring people to coach these activities. These volunteers are valuable to the City's recreational program. However, with future budget projections there is a need to bring revenues in line with expenditures. He indicated that residents pay taxes whether or not they participate in any of the recreational programs and it was felt to be fair to have non-residents also contribute. He said many of the fields presently are over crowded which could be due to a large number of non-residents in the program. He said many of the youngsters that participate in the youth programs may already have cards due to participation in other programs. He feels this fee may discourage some of the non-resident group participants causing them to drop out of some of the programs. Mr. Wilson stated the Little League program is different from other programs in that it requires set boundaries. It outlines very strict districts in which youngsters are required to play and "reciprocity" would be honored due to these set boundaries. Representatives from the Clearwater Shuffleboard Club, Clearwater Lawn Bowling Club, East Clearwater/Safety Harbor Little League, Clearwater Soccer Association, Clearwater Horseshoe Club and Clearwater American Little League and three citizens spoke in oppostion to the fee expressing concern that most members of these clubs and organizations are from outside the City. It was felt charging a non-resident fee could have a negative effect on club membership resulting in cash flow and maintenance problems as some of these organizations are literally run by the members. It was felt a financial burden would be put on the senior citizens who are on retirement incomes and the parents of the youngsters who already pay fees to these organizations in order to participate in their program. It was indicated that tournaments put on by some of these organizations bring in visitors and add to the tax base. The City was complimented on the quality of its recreational facilities. It was indicated a token club fee would be acceptable. The City Manager said it was important to note that all speakers were complimentary of City facilities which speaks highly of City efforts. He indicated most softball and soccer teams come to Clearwater because we have the best facilities around which puts an intense demand on them. Concern was expressed for those organizations having to pay the fee who literally run and maintain their own facilities. Discussion ensued in regard to the high number of non-residents participating in the City's programs and it was felt the City has been very generous. It was noted that visitors who come to Clearwater and stay within the City limits do not have to pay non-resident fees. Concern was expressed regarding the administration of collecting this fee and Mr. Wilson indicated a procedure is already in place. A question was raised if charging the organizations rather than the individuals may be considered as an alternative, and it was indicated this may place an extra burden on the taxpayer for the City to buy more property due to increased demand by non-resident participation. Discussion ensued in regard to what other cities do regarding charging non-resident fees and it was indicated staff will research. There was discussion regarding the enclaves and the County not providing recreational facilities and it was questioned whether the County should be requested to make a contribution to the City for the use of their facilties. Discussion ensued in regard to exempting certain organizations and it was indicated all groups needed to be reviewed to see what contribution each is making. Commissioner Regulski moved to approve the resolution which pertains to non-resident fees, allowing for the collection of said fees from participants of previously exempt co-sponsored programs where leadership is provided by outside organizations and facilities are provided by the City. The motion was duly seconded. A clarification was requested regarding exemptions to the non-resident fee and it was indicated they included special activitites, concerts in the park, reciprocity, etc. Upon the vote being taken, Commissioners Berfield and Regulski voted "aye," Commissioners Fitzgerald, Deegan and Garvey voted "nay." The motion failed. Discussion ensued regarding the need to review lease agreements with the co-sponsored groups as they come up for renewal and organizations without lease agreements are to be reviewed now to determine if co-sponsorship should continue. Direction was given to come back at a later date with alternatives. The meeting recessed from 9:04 p.m. to 9:15 p.m. ITEM #37 - Declare as surplus for subordination to the FDOT the City's easement rights and interest in 6 parcels of land lying along S.R.580 and adopt Res. #92-28 authorizing city officials to execute subordination of utility interest documents with FDOT (PW) The Florida Department of Transportation (FDOT) is proposing to widen S.R. 580 between Countryside Boulevard and Kendale Drive. They propose to start construction in fiscal year 1993/94. Inasmuch as they propose to widen the road to six lanes, they will need to obtain additional right-of-way from several property owners along S.R. 580. The City has various easements on part of the parcels of land needed by the FDOT. In order to facilitate this project, the FDOT is requesting the City subordinate their easement rights and interest in these parcels. The subordinations contain provisions for the FDOT to pay to have the City's facilities relocated if necessary to prevent construction conflicts. Of the total 11,867 square feet of land contained in the six subordinations, approximately 11,494 square feet are actually covered by City easements. Commissioner Fitzgerald moved to declare as surplus for subordination to the FDOT the City's easement rights and interest in six parcels of land (122.3, 133.3, 133.4, 159.5, 161.3 and 166.7) lying along S.R. 580, Sec. 15070-2524, between Countryside Boulevard and McMullen Booth Road. The motion was duly seconded and carried unanimously. The City Attorney presented Resolution #92-28 and read it by title only. Commissioner Fitzgerald moved to pass and adopt Resolution #92-28 and authorize the appropriate officials to execute same. The motion was duly seconded, upon roll call the vote was: "Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey. "Nays": None. ITEM #38 - (Cont. from 3/5/92) Examine and consider various suggestions pertaining to Clearwater Beach traffic operations and direction as to implementation of any Commission choices regarding alternatives (PW) In September, 1990, during the adoption process of the 90/91 City of Clearwater budget, the Commission, while deliberating the expenses associated with the numerous police aides necessary to effect the special police beach traffic plan, instructed staff to explore every means by which the specially devised police plan could be effected by electronic equipment and thus eliminate the police aide expenses in subsequent budget years. After considerable effort attempting to search out the source of electronic equipment that would replace the police aides, and finding little or no success in the search, staff assigned the task to Wade-Trim, Inc., traffic engineering consultants, who had recently been hired to perform certain traffic engineering designs and who have a nationwide network of informational sources regarding traffic engineering matters. Because the Commission-appointed Clearwater Beach Blue Ribbon Task Force was at the time actively engaged in Clearwater Beach traffic considerations, Wade-Trim was instructed to interface with the Task Force in the conduct of their work for the City. Wade-Trim determined fairly early in their efforts that an electronically operated system which would operate with significantly less police aides was unavailable as a practical matter, but did determine the police aide traffic scheme could be effected with fewer aides by the invocation of a one-way traffic plan on the beach. For this reason, and because a one-way traffic plan was believed by Wade-Trim to be compatible with certain Beach Task Force goals, the Wade-Trim report essentially became a study of three alternate plans for invoking a basic one-way traffic plan for Clearwater Beach. The following is a summary of the various beach traffic elements which have come forward from the task force: 1) the implementation of a "resort zone" environment for South Gulfview Boulevard; 2) the creation of a one way pair street system along Coronado and Hamden Drives; 3) the creation of a one way pair street system along Poinsettia Street and East Shore Drive; 4) the installation of overhead guide signing at several locations throughout the beach area; 5) the removal of traffic signals at the intersections of Causeway Boulevard at Mandalay Avenue / Coronado Drive (between Pier 60 and the Marina) and at South Gulfview Boulevard at Coronado Drive (in front of the Port Vue Motel), as a means of reducing delay to motorists; 6) the establishment of numerous, clearly marked crosswalks along both Mandalay Avenue and South Gulfview Boulevard; 7) a system of marked bicycle lanes along several beach streets; and 8) the installation of sidewalks along both sides of Hamden and Coronado Drives (Construction of the proposed sidewalk would displace approximately 440 existing parking spaces, located on City right-of-ways but allowed under a long-standing policy). David Little, Chairman of the Clearwater Beach Blue Ribbon Task Force Parking & Traffic Subcommittee, reviewed the recommendations being made by the task force. He said this plan was a combined effort of many and was designed to benefit the Clearwater community as a whole. He said tonight only a small segment of the overall proposal was being addressed. The entire plan was focused to the future considering both the north and south beach streets, the redevelopment district and a tram route to connect the beach to the mainland to be implemented over a ten year period. Traffic Engineer Peter Yauch said he has had discussions with beach representatives. He said the task force plan has good ideas including reduction of traffic entering the beach, the separation of beach and through traffic and enhancement of the beachfront. He said implementation of the entire plan being recommended is a tremendous undertaking involving considerable expense, impact on property and a drastic change to the traffic layout. He felt the resort zone concept proposed along South Gulfview eliminates its use as a transportation facility and will no longer move traffic; Hamden and Coronado would be expected to. Mr. Yauch proposed the following traffic operational improvements: (1) guide signing improvements at various points along the beach streets to reduce driver confusion and to separate through traffic from the beach-related traffic; (2) geometic (channelization) improvements along South Gulfview between its two intersections with Coronado, to improve driver guidance and increase pedestrian safety; (3) implementation of a pedestrian barrier along Coronado, between Causeway Boulevard and South Gulfview, to eliminate pedestrian "jaywalking" in this congested area; (4) installation of sidewalk along the east side of Coronado Drive and the west side of Hamden Drive, in those areas that can be constructed without negatively impacting existing backout parking spaces; (5) improvement of pedestrian crossings along Mandalay Avenue between Baymont and Marianne Streets; (6) investigation into the elimination of the sidewalk along the west edge of South Gulfview; (7) conversion of South Gulfview parking lots into attendant parking facilities (design underway due to 3/5/92 Commission action); (8) investigation into expanding the South Gulfview lot (relocation of sand dunes may be environmentally unacceptable); and (9) investigation into highway advisory radio or matrix signing system. In response to a question, Mr. Yauch indicated if a resort zone is not adopted, a one-way pair system is not necessary. He indicated peak traffic problems are for short periods of time and feels the police aides are doing a good job. Discussion ensued in regard to problems being created by people gathering along sidewalks on South Gulfview. A question was raised if there would be enough room for both a stacking lane and tram route if some of the width of South Gulfview is eliminated by medians, and it was indicated the width would not be reduced but the existing left turn lanes would be eliminated. Ten citizens spoke in favor of implementing a traffic plan on the beach; however, did not support one-way streets. It was felt this would adversely impact properties and small motel businesses. Concerns were expressed regarding the intersection of Hamden and Coronado, pedestrian safety and remarks made at the Wade Trim Traffic Workshop not being taken into account when the task force prepared their recommendations. It was suggested that all task force recommendations be scheduled to be addressed by staff. A suggestion was also made to limit the openings of the Memorial Causeway Bridge. A letter in support of the task force recommendations was submitted. Discussion ensued in regard to enough traffic studies having been done and it was felt it was time to finalize a plan. There was discussion regarding the "resort zone" concept not being understood by all, that the intent of this zone is to separate beach traffic from through traffic. It was also noted that the cruising and noise ordinances have benefited the beach. Commissioner Regulski moved to to direct the Traffic Engineer to finalize his proposals as presented in regard to the design of the attendant parking lots, improved signage, pedestrian protection measures and intersection improvements including the consideration of the removal of the sidewalk on the west side of South Gulfview with no considerations regarding mass transit, one-way streets, a fixed bridge or reduced speed limit on South Gulfview with the final proposal to be brought back to the Commission for approval. The motion was duly seconded. Upon the vote being taken, Commissioners Regulski, Fitzgerald, Berfield and Mayor Garvey voted "aye," Commissioner Deegan voted "nay." Motion carried. A question was raised whether to request the Coast Guard to limit the openings of the Memorial Causeway Bridge and it was found not to be necessary at this time. The City Manager noted the Pinellas Suncoast Transit Authority will be discussed at the April 13th work session. ITEM #39 - Community Relations Board - 3 appointments (CLK) Commissioner Regulski moved to appoint Susan Diner to the At-large category. The motion was duly seconded and carried unanimously. Commissioner Regulski moved to appoint Charles Rutledge to the At-large category. The motion was duly seconded and carried unanimously. Commissioner Fitzgerald moved to appoint Kay Vega Williams to the property leasing category. The motion was duly seconded and carried unanimously. ITEM #40 - Planning and Zoning Board - 1 appointment (CLK) Commissioner Regulski moved to appoint Lois Martin. The motion was duly seconded and carried unanimously. ITEM #41 - Other Pending Matters - none. CITY ATTORNEY REPORTS First Reading Ordinances ITEM #42 - Ord. #5187-92 - Relating to taxicabs; amending Secs. 61.01, 61.05, 61.26, 61.30, 61.31 & 71.13 and repealing Secs. 61.02 & 61.07 The City Attorney presented Ordinance #5187-92 for first reading and read it by title only. Commissioner Regulski moved to pass Ordinance #5187-92 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey. "Nays": None. Resolutions ITEM #43 - Res. #92-26 - Requesting Pinellas County to cancel and discharge tax liens and grant tax exemptions upon municipal property acquired for public purposes The City Attorney presented Resolution #92-26 and read it by title only. Commissioner Berfield moved to pass and adopt Resolution #92-26 and authorize the appropriate officials to execute same. The motion was duly seconded, upon roll call the vote was: "Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey. "Nays": None. Other City Attorney Items ITEM #44 - Request for Approval of Offer of Judgment - Dail v. City On November 12, 1990, a car driven by Carolyn Dail collided with a city garbage truck. Allegedly as a result of that accident, Mrs. Dail suffered injuries to her back (a herniated disc) which required surgery (laminectomy). While the surgery was successful, she continues to complain of pain and discomfort. Mediation was unsuccessful. Their last demand was $200,000 and the City's last offer was $40,000. A trial date has been requested but no date has been set. An Offer of Judgment is a procedure whereby the City can make a reasonable offer of settlement to the plaintiff. If she declines to accept the offer and chooses to proceed to trial, she must obtain a judgment of more than 125% of the City's offer. If she does not, then the Court may impose sanctions equal to reasonable attorney fees and all reasonable costs of litigation. Commissioner Regulski moved to approve an Offer of Judgment for $40,000. The motion was duly seconded and carried unanimously. City Manager Verbal Reports ITEM #45 - Set Date for Budget Work session A budget work session was scheduled for 9:00 a.m. on May 7, 1992 and a special meeting to discuss downtown issues was scheduled for 9:00 a.m. on April 28, 1992. Other Commission Action Commissioner Fitzgerald requested consideration of canceling the July 2, 1992 meeting due to the July 4th holiday weekend. Consensus to agenda for the next meeting. He reported that the meeting of the Mayors Council in North County will be held in Safety Harbor. He reported there is a concern regarding the County Charter Review Committee recommendations impacting City Home Rule and requested monitoring. Commissioner Berfield questioned the status of the Sign Certificate of Appreciation and it was indicated the final version will be ready for review at the next meeting. She reported she will not be at the June 4, 1992 Commission meeting due to Pinellas County School Graduation Day. Commissioner Deegan questioned the status of individual Commission appointments and it was indicated he would need to appoint a replacement for former Commissioner Nunamaker's appointment to the Budget Advisory Committee. Discussion ensued in regard to the individual City Commission appointments to the Environmental Advisory Committee (EAC) ending with the appointing Commissioner's term. Commissioner Berfield moved that terms of individual Commissioner appointments to the Environmental Advisory Committee end with the appointing Commissioner's term. The motion was duly seconded and carried unanimously. The City Clerk said she would notify former Commissioner Nunamaker's appointee. (It was later discovered that in the proposal for the formation of the EAC, it was stated that those individuals appointed by individual Commissioners would serve a three year term. Therefore, Commissioner Nunamaker's appointee's term will not expire until October 31, 1993.) Adjournment The meeting adjourned at 11:30 p.m.