06/04/1990 (2)
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In response to a question regarding the Bridge Fund, the City Manager reported
that our cash flow is okay; however, it will take us a few months to catch up. A
program is in place to have the bridge paid off at the time of completion of the
new bridge. It was stated the City does have the option to charge tolls on the new
bridge to pay for engineering costs up until the time we receive Federal funds.
r."""r.!.}"L""".,ji""'" A question was also raised regarding whether or not there were funds for f ,...' .,..,\(.'.' '''''t'
"1'~I]~S;;~~~~~~'0?;"~~,i;).~(.(;I" removal or improvement of the old bridge to allow it to be used as a fishing pier. :,' ,'.::'~.<~::i.~~:::~,:~:';L,\':.K~,'~~~'''I'
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'i~.~~:t.~1?~=J,~f:)].:%'_';~:':<:?;( C ar es Hunslc er, Asslstant lty anager, 10 lca e e cos es 1ma, es lnc u e . ":,:,,;>:,:,',';'::;;~{'>~:};';,:~',~;'(:
1r.J;.".:,~';f;1';'~l~<~~j~:~;:/';;; demo 1 it ion of the old bridge, and that there is money in the Penny for P 1 ne 11 as fund .,:,...,!.:::.,i.,.i;\'>f,(.?:1i\::<:'. 2
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hr;~;"1-i~~r..~~t~~~';~ri;:::~~(':' ,Comi sSl~ner Nunamaker enco~rag~d the C1ty to become 1 nvo 1 ve,d 1 n ~u 11 d ~ng '.: ,;:', i..r (<';;::~(:!<:~i;~!~:')'Je\"
~~\';i}l~::+'j~;'~\}}r;~~'\':\~ flshing pier~ 1Oto the gulf as thlS wlll also have the added beneflt of lnduc1ng ,,:"''':'::':;\~:'3~~~:),:,,\;~:~~.iK+~:;:, ~
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f.:~;t:"!'~,,;;~;.?'.:~:~,rt~t;S(:., First Readina Ordinance 4995-90, Relatlna to Boatlno, amend1no Sect10ns 114.40 ". .'..,.~':';..:>;;':'::.',.::>.:;.~;:'~:~/
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~~~Ph:~Y.;t7:.:;~'::''j:;{;?;~:.\: throuah 114.42 to designate certain water areas as "slow down-minimum wake" or . ' ",,,,:,,"':::~~:~.i>:;,~~}~''.l.;'\;,
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,...' .~'!>..'::".,'." <~.:..~.~'.".. ;';,' 1 e spee -no wa e zones ,. ,:' . ,: ", " .:~;\ ',i' ;';..~"V.".
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~'.!.N:'J,~:/;h>.'-"~:"'I''': The proposed wake zone ord1nance was dlscussed ln detall at the Clty,:'.:......:::;;,,:\i::J,~-'Jf;;r:;.fl; I
Connnission meeting of May 17 and direction was provided to staff regarding
amendments to the ordinance which would provide for a slow down-minimum wake zone
wesbiard of Clearwater Pass Bridge approximately 200 yards, which is marked by
Clearwater Pass day beacon #9; a slow down-minimum wake zone in Clearwater Marina
channel, light #6, day beacon #7; idle speed-no wake zone in the Clearwater Marina
basin. a slow down-minimum wake zone in the internal canal of Bayside and
Brightwater Drives and a slow down-minimum wake zone at the Clearwater Community
Sailing Center. The remaining existing zones would remain as is.
A question was raised regarding the need to address hazardous wake being
created by large charter boats coming into Clearwater Pass. A recommendation was
made that a generic notice be sent out to boat operators that they are responsible
for their wakes.
Bill Held, Harbormaster, iridicated the new zones will be posted in the Marina.
and it was requested that definitions of the two types of zones be provided. It
was also requested that the zones be posted at different locations as there are
boaters that do not use the Clearwater Marina.
Consideration of 0 tions for use of the Cit -owned Service Station site located at
49 causeway Blvd. MR
The City Commission discussed the service station options at the work session
of April 2, 1990. The Commission directed that a public opinion poll be conducted
to determine what local citizens would like to see happen with the site.
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6/4/90
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Responses to the poll came from the City's survey form, the Beach Views, the
<:> Leader Bee, an independent petition organized by a Clearwater Beach resident and
three mi sce 11 aneous responses. Overa 11, 91 responses sa i d yes to a beach gas
station and 29 responses said no, with most no respondents indicating more parking
"'r,<,~.i"'l' ,.....""...., was needed. As of March 30, 1990, there were 20 people on the list at Purchasing
~~t~~~:~11f4,t interested in t~e site.
t;(~"".;?'!."i"~"';.'o:' :""~ Charles Hunsicker, Assistant City Manager, indicated Commissioner Regu1ski
U}t~~~:~~~~~i;!:0 had spoken to him and indicated one option not considered in the survey was that
't:t):,t:':'~;~':'1~,"}'\~::'i;:,';.;.J of a minimart on the location. He stated staff is seeking direction regarding use
~;f;t~i,;~t~~~ir~~~:;~;,~:':;:,~] of this site. The people wanting a gas station are wanting mechanical services on
~('''''''i''''AI,,''!l'' ;'.1'-' "1 the island and not a purely gas or fuel ing site.
fi~~~~i~~)t1~1ft~~ Commissioner Nunamaker spoke strongly in favor of demolishing the building
\~";:'~"};~I~~:;,,'(,:<';L/;.;('~ and turning the site into a parking lot.
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It was expressed that a problem with expanding to a convenience store would
be that the operators would want to sell beer and wine to which the City is opposed.
Discussion ensued regarding whether or not we would really see bids this time
as there were a number of people showing interest at the original bid submittal and
then no bids were forthcoming.
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In response to questions regarding whether or not the bui 1ding could be
renovated to allow use by other organizations, it was staterl if more than $30,000
is spent on the building FEMA regulations would have to be met. It was
indicated this site has generated revenue to the Marina fund and this would
to be repaid by the Parking fund if the lot is converted to a parking lot.
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Commission direction was for staff to bring back proposals for disposition
of this site at the next work session.
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Bill Held, Harbormaster, announced that a proclamation had been presented to
the Marine Dept. from the Sheriff's Dept. regarding the successful kick-off of Safe
Boating Week.
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The City Attorney indicated that a call to a Commissioner regarding sewage
being dumped at a marina was investigated, and the owner of the boat met with Mr.
Held and they will be installing the needed equipment to hook up to the pumpout
station. Mr. Held indicated the boat owner had a chlorination process which is
recognized by the Coast Guard but that was still in violation of City ordinance.
He indicated there are three live-aboard facilities in Clearwater and if the Marine
Dept. is told of violations, they will investigate.
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Award the East Advanced Pollution Control Facilit South Interce tor Rehabilitation
Phase II Project to Westra Construction Corp., Palmetto, FL for 1,387,726.05 PW
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The East Plant's south interceptor was constructed approximately 27 years
ago. The pipe has suffered deterioration over the years from the action of
corrosive gases and can be repaired and protected from further deterioration by
dsing a lining system.
Contractors were allowed to chose from several methods of
order to make the bids competitive.
pipe relining in
Westra Construction Corp. chose to use a spiral
work session
4
6/4/90
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The award of this contract will extend for three years the current program
of joint City/Private provision of sweeping services. The contractor will sweep
the downtown commercial streets and parking lots twice each week and the beach
commercial streets and parking lots and Memorial Causeway three times each week.
The City will continue to sweep the mainland thoroughfares each week and beach and
mainland residential streets at a frequency varying with resource availability.
The low bid submitted by Colgate Parking Lot Maintenance of New Port Richey
did not meet specifications.
A question was raised regarding whether or not we could cancel the contract
if it was determined the City would need to perform all street sweeping through
the stormwater management program. It was indicated cancellation can be done for
nonperformance or if the Commission decides not to budget for the contract in a
particular fiscal year. It was indicated we will be investigating additional street
sweeping in connection with stormwater management.
Purchase of land and im rovements from Dennis M. and Linda W. Peinsi
Lots 5-12, Block 2, Overbrook Sub. a/k/a 1344 Cleveland St.
180 OOOi
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City staff is recommending purchase of the subject property since portions
of Lots 7-9 are essential for completion of the Stevenson's Creek project. Staff
has met with the owner and his representative and the acquisition of an easement
over the necessary lots does not appear to be feasible without condemnation. It
is believed the cost of condemnation including all professional fees would reach
a figure of approximately $50,000-60,000. The subject property and easement have
been appraised at $16,200 on the easement and $175,000 on the total property. he
current owners have agreed to se 11 the total property for $180,000. The
recommendation to purchase is based on the facts that the total property can be
purchased for the contract price, the necessary easement can be properly dedicated,
the property can be used by the contractor as a staging area for all phases of the
Stevenson I s Creek Improvement project and then be resold without a loss of
investment funds.
A 10 by 40 foot strip on the east boundary of the property is currently under
lease to the National Advertising Company for billboard advertising. The lease
contains a provision for cancellation with a 90 day notice should the property be
sold. It is recommended the lease be cancelled.
The City Manager indicated he did not see anything in the Stevenson's Creek
project that would say we would not need this property. It was indicated this is
one of the constrictions in the creek. In response to a question regarding how
much the current owners paid for the property, it was indicated that it was
somewhat over $160,000 several years ago. It was indicated we would then own the
property in which the bi 11 board is located and we could then have the bi llboard
removed.
e
work session
6/4/90
6
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The Downtown Developw.ent Board and the Community Redevelopment Agency are
the two organizations most concerned and involved with efforts to help revitalize
downtown. As the year began, both organizations explored ways that they might ponl
their resources and coordinate their efforts.
After considerable discussion it was decided that the ODB would terminate
its staff and close its offices. A new Department of Economic Development was
created and a director and support staff recruited by the City. The director now
serves as staff to both the CRA and the DDB. This arrangement helps to ensure the
much desired continuity of effort which was felt to be lacking in the past. DDB
funds are earmarked exclusively for downtown advertising and marketing efforts whi le
eRA monies are channeled into physical improvements. After one complete year, the
bifurcated arrangement is working and it is recommended that the DDB remain
constituted in its present form for an indefinite period of time.
Concerns were expressed regarding giving blanket approval for an indefinite
period of time and it was felt that annual evaluation should be continued. It was
also recommended a letter be sent to the DDB members expressing confidence that the
City has in them, and the City Manager was directed to prepare this letter.
Direction to staff was that the Downtown Development Board continue with
annual evaluations to be conducted.
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Proposed purchase of esx property located at the intersection of Pierce St. and
East Ave. and Franklin St. and East Ave. for $350,000 plus costs and direct staff
to prepare the necessary documents to finalize the acquisition (eM)
For several months City staff has been attempting to acquire two parcels of
land located immediately south of the Police Dept. and immediately east of the Fire
Dept. These pieces of property are commonly known as the Dimmitt property and the
CSX property. Both properties are being sought initially to expand the parking uea
for Police Dept. and, secondly, to allow for future expansion of the building.
Included in the successful Penny for Pinellas referendum was a $7.5 million
item for public safety facility improvement. The Penny for Pinellas fund is the
recommended source of money to acquire the property: however, funding for the public
safety improvements are not budgeted until at least 1995. It will be necessary to
reallocate current year Penny for Pinellas funds for general sidewalk improvements
and the paving of dirt streets to purchase the land. The funds will be reallocated
back to paving and sidewalk accounts in future years.
An appraisal of the esx property estimated the land to b~ worth $300,000.
A railroad commissioned appraisal set the value at $370,000. Staff has negotiated
a price of $350,000.
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work session
7
6/4/90
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The engineering firm of Camp, Dresser and McKee was authorized to conduct an
environmental audit on both the Dimmitt and railroad properties. The firm1s
conclusions were that site contamination associated with organic constituents does
not appear to be present. It is apparent" however, that a large variety of
materlals have been discarded on both properties. Therefore, it is recommended
that a minimum of four shallow well points be installed and analyzed for these
metals for possible contamination, as well as, total petroleum, hydrocarbons and
PCBs. The purchase agreement states prior to settlement, buyer and/or its agent
shall be permitted to have access to the premises subject to the rights of any
tenant of seller to make surveys, make measurements, conduct environmental
engineering tests and otherwise make such physical inspections and analysis thereof
as buyer shall deem necessary. Another section states that if environmental
contamination is revealed by the studies beyond the minimum acceptable levels or
if the estimate costs of cure or remediation exceed 10% of the total purchase price,
the buyer' s sole and exclusive remedy shall be to terminate the agreement and
receive a refund of the initial deposit. The monitoring wells have been installed
and the results will be known to the City prior to the final closing of the
transaction.
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Mike Wright reviewed the history of the City's attempts to acquire this
property. He stated in the short term the properties will be used for surface
parking for the Police Dept. He also indicated that there is a portion of the
property the City will not need, which is located in block 12, and this can be sold
by the City.
First Readin Ordinance 4979-90 Rezonin Loehmann's Plaza from Commercial Center
CC to Commercial Planned Development CPO and review of Master Site Plan - Lots
1 & 2 (19.851 acres) Sees. 6&7-29-16 located at the NW corner of the intersection
of US 19 and NE Coachman Rd. (Principal Life/Taheri/Brandon Nu-West Z 90-1) (PL&O)
It was indicated that the owner of Lot 1 has submitted a letter withdrawing
from this application. The item will be withdrawn Thursday night.
Sub-Lease Aoreement for a portion of the Curtis Fundamental Clearwater Comprehensive
School complex to the Emeroencv Housino Prooram of Reliaious Community Services.
Inc. from June 8, 1990 to April 30, 1991 (PL&D)
The School Board of Pinellas County has leased property on the east side of
Holt Ave. at the Curtis Fundamental Clearwater Cooperative School complex to the
City of Clearwater since January of 1972. The current City/School Board lease
agreement was approved by the City on April 19th and by the School Board on April
25th. The City, in turn, makes this property available to the Emergency Housing
Program, operated by Religious Community Services, Inc. (RCS). This program makes
short-term emergency housing available to families and is a major element of the
emergency shelter and food network of the community. There is no cost to this lease
to either the City or RCS. The t~rm of this lease has been reduced to one year and
the cost of $1 has been dropped. Permission for users of the school property to
park on the leased property is also included.
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A question was raised regarding whether or not Res
insurance. Jim Polatty, Planning and Development Director,
our Risk Manager review the sublease.
Other City Attorney Items
is required to provide
indicated he would have
work session
8
6/4/90
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Pursuant to the contract, the rental of the car was to be $46 per day and
Mr. Marzuca was to be reimbursed for any and all damages to the vehicle. An
estimate of the property damage to the vehicle is approximately $1,990. There is
no question that the City of Clearwater would be liable for at least one day's
rental and any property damages to the vehicle.
If the case goes to trial, the plaintiff would be entitled to attorney's fees
if any amount is recovered against the City of Clearwater. Under the current law,
the judge would be obligated to award the attorney for the plaintiff an hourly rate
and would have the discretion to add to that figure if it was found that an extra
t'd,J."'lk""'lf~!' '..' ' amount was necessary and reasonable to indemnify the plaintiffs. ", ..,. .."..,,,,.,,1
Pursuant to court order, the case was mediated by Assistant City Attorney
Miles Lance and Assistant City Manager Kathy Rice. Orders for mediation require
that management personnel be present in addition to the attorney.
In the beginning, the plaintiff's demand was $25,000. The impartial mediator
appointed by the court reconnnended the case be settled for $11,000 for all
plaintiffs. In addition to the damage to the vehicle and the fairly substantial
amount of money which the City might have to pay for the vehicle rental, a real
potential danger to the City of Clearwater in not settl ing the case is the
possibility of a very large award of attorney's fees.
Staff recommends the case be settled in the sum of $11,000 which would cover
any claim of property damage to the vehicle, lost rental and attorney.s fees.
Concern was expressed that a new car could be purchased for $11,000, and it
was indicated that the settlement award does include an amount for attorney's fees.
Verbal Reports
The City Manager reported that Mike Wright, Assistant City Manager and Al
Galbraith, City Attorney attended a meeting with the Federal Emergency Management
Agency (FEMA) in Atlanta to discuss FEMA I S concerns regarding the Citv's flood
reaulations. He stated there will be amendments needed to the ordinance and they
have been drafted and will be provided to the Commission. He stated FEMA is
requiring first reading of this ordinance prior to the deadline of June 29, 1990.
The City Attorney indicated the only substantive change in the ordinance will
be what is counted and what is not toward the 50% of value cap for renovations
placed on beach properties.
Concern was expressed that public input was needed on this item: and it was
Commission's direction to set a special work session for 10 a.m., June 12. The
City Attorney indicated he was ready to go forward with first reading of this
ordinance at the meeting Thursday night, and it was the consensus to place this on
the agenda.
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