Loading...
06/04/1990 CITY COMMISSION WORK SESSION June 4, 1990 The City Commission of the City of Clearwater met at City Hall with the following members present: Richard Fitzgerald Vice-Mayor/Commissioner William Nunamaker Commissioner Sue Berfield Commissioner Absent: Rita Garvey Mayor/Commissioner Lee Regulski Commissioner Also present were: Ron H. Rabun City Manager M. A. Galbraith, Jr. City Attorney Cynthia E. Goudeau City Clerk The Vice-Mayor called the meeting to order at 1:27 p.m. and the following items were discussed. Two Service Pins were awarded. Purchase of an Automatic Call Distributor from Executone Information Systems for $19,283.02 (AS) Current telephone requirements exceed customer service capability to respond to customers in a timely manner. The Call Distributor System will significantly improve the capabilities of currently assigned customer service personnel and enable the Utilities Finance Division to address excessive holding times for incoming calls. When a call is received, the touchtone caller can determine his call's destination by touching a number on his phone. Rotary callers will be assisted by the first available customer service representative. This will allow incoming calls to be uniformly distributed to available representatives while allowing calls to be diverted to the appropriate City offices without delay. In response to a question, George Fasching, Utilities Accounts Division, stated there are eight lines on a rotor at this time. Also, he indicated the large difference in the bid quotes is the result of Executone, the recommended bidder, being in this type of business whereas the other two bidders are mainly telephone providers. Mid-Year Budget Review 1989/90 - Ordinance 5002-90, Operating Budget and Ordinance 5003-90, Capital Improvement Budget (AS) The City Manager reported that of the 55 positions targeted for elimination, only six remain. He stated the cost for the 75th Anniversary celebration had not been budgeted and is reflected at the mid-year. A question was raised regarding the additional $373,000 for pension costs, and it was indicated the estimates of this are often off and this is the same increase that was discussed several months ago. In response to a question regarding whether or not we could ascertain the impact of the attendant parking on the beach, it was indicated we would need to have a full season in order to give an accurate report. Review of proposed Capital Improvement Budget for 'FY 1990/91 and the 5 year program for 1991/92 through 1995/96 (AS) The proposed Capital Improvement Budget for 'FY 1990/91 has been distributed to the Commission. The information includes a description of each project along with the proposed funding schedule and funding source. A question was raised regarding the Mobile Digital Terminal project for the Police Dept. and whether or not these terminals would be connected with the Florida and National Crime Information Center computers as this language has been struck through in the proposal. Chief Klein indicated these terminals will be able to access that information and was unaware of why the verbiage would have been eliminated. This is to be corrected prior to the budget going forward to the Commission. A question was raised regarding the time frame for the Countryside Blvd. widening project; and it was indicated a project time frame would be sent to the City Commission. In response to questions regarding the Pinellas Trails and Sailing Center projects, it was indicated items will be coming forward to the Commission at the next meeting. It was indicated that some projects which appear to be eliminated, such as the Martin Luther King handball courts and funding for Airpark improvements, are included in funding for this year and, therefore, are not showing up in next year's CIP budget. In response to questions regarding the project for lights at Countryside High School, it was indicated this will allow the City to eventually use the property for soccer fields; however, at this time, we are only proposing to do the lights, not other ground work needed. A question was raised regarding whether or not the monies allotted for the Stevenson's Creek project were enough, and it was indicated there is $1 million in this year's budget along with the $3.7 million showing in the CIP budget. It was indicated staff will be coming to the Commission with a proposed stormwater utility to address stormwater management. 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. A question was also raised regarding whether or not there were funds for removal or improvement of the old bridge to allow it to be used as a fishing pier. Charles Hunsicker, Assistant City Manager, indicated the cost estimates include demolition of the old bridge, and that there is money in the Penny for Pinellas fund for construction of a pier. Commissioner Nunamaker encouraged the City to become involved in building fishing piers into the gulf as this will also have the added benefit of inducing beach renourishment. First Reading Ordinance 4995-90, Relating to Boating, amending Sections 114.40 through 114.42 to designate certain water areas as "slow down-minimum wake" or "idle speed-no wake" zones (MR) The proposed wake zone ordinance was discussed in detail at the City Commission 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 westward 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, indicated 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 options for use of the City-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. 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 miscellaneous responses. Overall, 91 responses said yes to a beach gas station and 29 responses said no, with most no respondents indicating more parking was needed. As of March 30, 1990, there were 20 people on the list at Purchasing interested in the site. Charles Hunsicker, Assistant City Manager, indicated Commissioner Regulski had spoken to him and indicated one option not considered in the survey was that of a minimart on the location. He stated staff is seeking direction regarding use of this site. The people wanting a gas station are wanting mechanical services on the island and not a purely gas or fueling site. Commissioner Nunamaker spoke strongly in favor of demolishing the building and turning the site into a parking lot. 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. In response to questions regarding whether or not the building could be renovated to allow use by other organizations, it was stated if more than $30,000 is spent on the building FEMA regulations would have to be met . It was also indicated this site has generated revenue to the Marina fund and this would need to be repaid by the Parking fund if the lot is converted to a parking lot. Commission direction was for staff to bring back proposals for disposition of this site at the next work session. 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. 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. Award the East Advanced Pollution Control Facility South Interceptor Rehabilitation, Phase II Project to Westra Construction Corp., Palmetto, FL for $1,387,726.05 (PW) 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 using a lining system. Contractors were allowed to chose from several methods of pipe relining in order to make the bids competitive. Westra Construction Corp. chose to use a spiral light type D profile wall HDPE liner for the pipe lining and industrial plastic systems fiberglass liner for the manhole repair. Both methods comply with the project plans and specifications. The relining project will restore the structural integrity of all the existing 30 inch and 36 inch diameter sections of the interceptor, will provide a clean and restored smooth interior to provide adequate capacity, will reduce infiltration of ground water and will restore the existing manholes to good condition. In response to a question as to why the instituform lining was not required in this particular project, Bill Baker, Public Works Director, indicated this project allowed for enough space and disruption that they could go with a less expensive pipe liner. In response to a question as to how they would handle imperfections in the wall, Mr. Baker indicated they would TV and clean the line and if the hindrance was found they would fix that prior to the lining being installed. The meeting recessed from 3:02 to 3:13 p.m. C.O.#1 and final payment for the repair of Pile Bent No. 34 of the Clearwater Pass Bridge, increasing the contract with Coastal Marine Construction, Inc., Venice, FL for a new total of $197,339.81 (PW) In September of 1989 it was determined that the row of piles on the Clearwater Pass Bridge known as Bent No. 34 would have to be repaired. The row of four piles was to be stabilized by the construction of two pile clusters on either side of the bridge connected by a beam. The beam was to be jacked into place with spacers or shims placed between the top of the beam and the bridge to provide the needed support for the structure. In the process of setting one of the pile clusters, the last pile to be driven moved out of position after being driven approximately 150 feet. To ensure adequate support for the beam, an additional pile had to be driven. This pile was driven approximately 160 linear feet into the bay bottom before the proper level of support or bearing was reached. This change order encompasses all the costs and necessary actions attendant to the driving of the additional pile. A question was raised regarding whether or not this was the original pile cluster that had slipped, and it was indicated it was not. Also in response to a question, it was indicated that the original estimate was somewhat over $140,000 and the ending cost will be somewhat over $197,000. Purchase of street sweeping services over a 3-year period (10/1/90-9/30/93) subject to annual fund availability, from C.P. Ward, Inc. for $373,200 (PW) 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 improvements from Dennis M. and Linda W. Peinsipp for $180,000; Lots 5-12, Block 2, Overbrook Sub. a/k/a 1344 Cleveland St. (PW) 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 sell 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'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 billboard is located and we could then have the billboard removed. Downtown Development Board Continuation for an indefinite period of time (CM) The Downtown Development 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 pool their resources and coordinate their efforts. After considerable discussion it was decided that the DDB 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 while CRA 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. Proposed purchase of CSX 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 (CM) 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 area 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 CSX property estimated the land to be worth $300,000. A railroad commissioned appraisal set the value at $370,000. Staff has negotiated a price of $350,000. The engineering firm of Camp, Dresser and McKee was authorized to conduct an environmental audit on both the Dimmitt and railroad properties. The firm's conclusions were that site contamination associated with organic constituents does not appear to be present. It is apparent, however, that a large variety of materials 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. 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 Reading Ordinance 4979-90, Rezoning Loehmann's Plaza from Commercial Center (CC) to Commercial Planned Development (CPD) and review of Master Site Plan - Lots 1 & 2 (19.851 acres) Secs. 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&D) 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 Agreement for a portion of the Curtis Fundamental Clearwater Comprehensive School complex to the Emergency Housing Program of Religious 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 term 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. A question was raised regarding whether or not RCS is required to provide insurance. Jim Polatty, Planning and Development Director, indicated he would have our Risk Manager review the sublease. Other City Attorney Items Request for Settlement - Spottis Woods Homeowner's Association v. City Due to extremely tight maneuvering conditions, a City sanitation truck,which was backing up in Spottis Wood Lane, struck the brick security gate in the center of the lane. The security gate houses several components of the security system of Spottis Woods Homeowner's Association. The gate structure itself was damaged, the electrical components of the intercom system and power supply were damaged, as was the TV camera. The investigating Police Officer indicated the accident was caused by improper backing. Repair and replacement costs to the gate structure and security equipment were $6,023.93. Staff is recommending the Commission approve settlement in the amount of the damages. Discussion ensued regarding whether or not this is a private drive and whether or not it was also the fault of the configuration of the drive which caused the accident. Rick Hull, Assistant City Attorney, indicated it was a combination of the narrow drive and driver error. Discussion ensued whether or not the City should require relocation of the sanitation container or if the island should be removed in order to allow sanitation trucks to maneuver in this location in order for this not to happen again. The City Manager indicated he and the Public Works Director would investigate. Authority to settle Marzuca case The City of Clearwater was sued by Patrick Marzuca and his company, USA Rent A Car, for failure to pay the daily rental and damages to an Isuzu motor vehicle leased from Mr. Marzuca. A Clearwater Police Officer signed a contract to lease the vehicle on November 25, 1986, and the vehicle was held approximately 11 months until October 8, 1987. While in possession of the Police Dept., the vehicle was examined by the Florida Dept. of Law Enforcement and some of the upholstery was cut out of it because luminal tests showed the presence of blood. Furthermore, the car was apparently kept in open storage for a long period of time subject to deterioration from natural elements. According to statements of the involved police officers, Mr. Marzuca called the Police Dept. the day after the car was leased to inquire about his car and they informed him it was being seized as evidence in the Nathaniel Benjamin murder case. According to Mr. Marzuca and his attorney, he was never notified that his car was being seized as evidence until he saw a letter from Chief Klein dated July 17, 1987. 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 amount was necessary and reasonable to indemnify the plaintiffs. 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 recommended 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 settling 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's concerns regarding the City's flood regulations. 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. Legislative Update Kathy Rice, Assistant City Manager, indicated Jim Massie, the City's lobbyist, is still assessing the impact of the bills that were passed on the City. He will try to have a report ready and be in attendance at the Commission's work session of June 18. She stated his preliminary report indicates it is unclear whether or not funding for Clearwater Pass Bridge was moved up. She stated the AIDS bill, the Kenton bill, the mandatory certification bill and growth management bill amendments did not pass. She stated there was no separate billboard legislation that was adopted, however it could have been slipped in as an amendment to another bill. She stated the bill regarding sovereign immunity died and the legislation that passed regarding workman's compensation looks favorable for the City. Other Commission Action Commissioner Fitzgerald questioned whether or not the City was to take any action regarding the Kenton case, and the City Attorney indicated it is up to the State to try and collect the fine. Commissioner Fitzgerald questioned a notice regarding a special meeting of the Clearwater Health Facilities Authority. Michael Wright, Assistant City Manager, explained the functioning of this board to the Commission and indicated should they pass the resolution allowing Hialeah to finance the purchase of a nursing home here in Clearwater. Commissioner Berfield questioned whether or not Commission wished to give direction to staff to pursue other tracts of land on Sand Key. Consensus of the members present was for staff to bring this back for consideration. In response to a question regarding whether or not the Commission wished to reconsider the 3.8 acre parcel of land, there was no direction. It was requested that staff provide information to the Commission regarding the parcel of land next to the Gallery Restaurant - what is currently on it and what the cost would be to put it in good condition. Commissioner Berfield questioned whether or not the City had seen or had in its position a video regarding Clearwater referenced in a book from the Florida League of Cities. The City Manager is to locate. Commissioner Nunamaker expressed concerns regarding the apparent parking problem at the Clearwater Beach Police Substation in that spaces on the street have been reserved for police vehicles. This is to be investigated. The meeting adjourned at 5:02 p.m.