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CITY COMMISSION WORK SESSION
CITY OF CLEARWATER
December 15, 2003
Present: Brian J. Aungst
Whitney Gray
Hoyt P. Hamilton
William C. Jonson
Frank Hibbard
Mayor/Commissioner - departed 11 :27 a.m.
Vice-Mayor/Commissioner
Commissioner
Commissioner
Commissioner
Also present: William B. Horne II
Garry Brumback
Ralph Stone
Pamela K. Akin
Cynthia E. Goudeau
Brenda Moses
City Manager
Assistant City Manager
Assistant City Manager
City Attorney
City Clerk
Board Reporter
The Mayor called the meeting to order at 9:02 a.m. at City Hall
To provide continuity for research, items are in agenda order although not
necessarily discussed in that order.
Service Awards
Nine service awards were presented to City employees.
The Commission recessed from 9:16 to 9:39 a.m. to meet as the CRA (Community
Redevelopment Agency) and the Pension Trustees.
PUR PURCHASING
Approval of Purchases per Purchasino Memorandum:
1. Grosz & Stamper Construction, Tampa, Florida - Labor and materials for concrete flat work
and related work during the contract period 12/19/2003 through 11/30/2004 in the amount of
$250,000. (PR) (Consent)
2. CUES, Orlando, Florida - 2004 Ford E-450 high cube TV sewer inspection van in the
amount of $217,425. (SW/GS) (Consent)
3. Jeffry Knight, Inc. dba Knight Enterprises, Clearwater, Florida - Installation of gas mains and
service lines during the period 01/01/2003 through 12/31/2004 in the amount of $700,000. (GS)
(Consent)
4. Petroleum Traders Corp., Fort Wayne, Indiana - Unleaded gasoline and diesel fuel during
the contract period 12/19/2004 through 12/15/2004 in the amount of $1,180,000. (SW/GS)
(Consent)
In response to a question, Public Services Director Gary Johnson said the 2004 Ford E-
450 high cube TV sewer inspection van would be used to see into underground pipes to keep
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up with system maintenance and inventory rebuilding goals. Currently there are two vans in
Public Services which are kept busy and none in Public Works.
In response to a question, Purchasing Manager George McKibben said the contract with
Petroleum Traders Corporation for unleaded gasoline and diesel fuel is for one year.
In response to a question, Mr. McKibben said the contract with Grosz & Stamper
Construction is for new and replacement areas.
In response to a question regarding the Petroleum Traders Corporation contract, Mr.
McKibben said local dealers deliver the product.
ED/HSG ECONOMIC DEVELOPMENT/HOUSING
2. Staff will present the findinQs of the February 2003 Analvsis of Market Opportunities for
Commercial and Economic Development in the North Greenwood Area. and 2) Authorize staff
to prepare and issue a Request for Proposals for Qualified development corporations and/or
Qualified businesses corporations to present alternative land use proposals for the re-use and
future redevelopment of the Jack Russell Memorial Stadium and Complex (Stadium). (Consent)
Economic Development Housing Director Reg Owens gave a presentation regarding
development opportunities in North Greenwood. He said prior studies in the area looked at
economic redevelopment strategy reports, demographics, household income, smaller core
study areas, what the market could support, the existing commercial base restraint, and the
feasible new commercial base.
He said the predominant use in that area is the Jack Russell Stadium. Other options
included an ACLF, an educational and training facility, an industrial office park, a multifamily
housing development, a mixed retail and residential land use development, or it could remain as
a sports and recreation complex. Staff felt it best to allow private development to define the
highest and best land use.
Mr. Owens anticipated the RFPs (Request for Proposals) to go out in early Spring. Staff
will review the short list of RFPs and hold a series of workshops in neighborhoods to get public
input. Mr. Owens anticipates a two-year timeline for determination of the highest and best use
of the stadium site.
jobs.
It was remarked that it would be nice to see something on the site that would generate
3. Public HearinQ - Approve the Citv of Clearwater FY 2002/2003 Consolidated Annual
Performance and Evaluation Report (CAPER). (Consent)
The Consolidated Annual Performance and Evaluation Report (CAPER) is the principal
administrative report documenting the City's expenditures of Community Development Block
Grant (CDBG) and HOME Investment Partnership (HOME) programs funds to the U. S.
Department of Housing and Urban Development (HUD). It serves as the basis for program
monitoring for compliance and for financial audits for all activities conducted during the FY2002-
03 as outlined in the Consolidated Action Plan for that program year. The report provides HUD
with necessary information for the Department to meet its requirement to assess each grantee's
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ability to carry out relevant Community Planning Development (CPD) programs in compliance
with all applicable rules and regulations. It also provides information necessary for HUD's
Annual Report to Congress and it provides grantees an opportunity to describe to citizens their
successes in revitalizing deteriorated neighborhoods and in meeting objectives stipulated in
their Consolidated Planning document.
The City's Neighborhood and Affordable Housing Advisory Committee is scheduled to
approve the FY02-03 CAPER at their meeting on December 2, 2003. The FY02-03 CAPER is
due to HUD no later than December 29, 2003.
The City of Clearwater FY 2002-2003 CAPER contains information on the City's
assessment of activities listed below:
· Assessment of Three to Five Year Goals and Objectives
. Affordable Housing
· Continuum of Care
· Leveraging Resources
· Affirmatively Furthering Fair Housing
. Citizens Comments
. Self-Evaluation
Through the programs covered under the CAPER over 21,000 persons were assisted
through Public Services, Public Facilities, Housing Rehabilitation and New Construction, Fair
Housing and Economic Development programs. Also, during this past fiscal year twelve (12)
homes were rehabilitated and eight (8) new home was constructed through our CDBG and
HOME Programs.
In response to a question, Assistant Housing Director Howie Carroll said he did not know
what steps the County has taken regarding the Fair Housing Study. Mr. Carroll was
congratulated on his efforts to leverage SHIP dollars.
PR PARKS AND RECREATION
1. Approve a two-year aareement from February 1. 2004 throuah January 31. 2006. between
the City of Clearwater and the Winnina Innina Inc.. for the use and operation of the Jack
Russell Memorial Stadium and Complex. (Consent)
Jack Russell Memorial Stadium and Complex has been home to baseball in Clearwater
for over 49 years. With the Philadelphia Phillies relocating to the new Community Sports
Complex for the spring of 2004, staff has been exploring short-term usages for the facility until
such time as a permanent decision is made on the future of this site.
The City has been working with The Winning Inning for over four years in providing
baseball instruction and training for youth to professional athletes at Countryside Community
Park. The agreement is for two years with The Winning Inning assuming all maintenance and
programming operations at the entire complex. The City would be responsible for structural
improvements as it currently is with its agreement with the Philadelphia Phillies. The estimated
time-line for the improvements that were recently completed at the stadium is for three to five
years.
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Under this agreement The Winning Inning will provide the following services:
1. Conduct camps, clinics, lessons, strength conditioning, rehab training, tournaments,
leagues etc.
2. Athletic field and grounds maintenance.
3. One half funding for any mutually agreed upon capital improvement projects.
4. Provide all staff, materials and supplies, and operating expenses associated with the
complex including but not limited to electricity, water, sewer, custodial, sanitation and minor
building maintenance and pay all required taxes necessary to the Agency's operation at the
Complex.
Under this agreement the City will provide the following:
1. Maintenance for all major capital components of the building, to include air
conditioners, roof, plumbing, electrical, etc.
2. Upgrades to practice field with respect to fencing and field lighting so that it can be
used for evening use.
No other in-kind services, supplies, labor, equipment, or funding, whether on loan or for
consumption, will be granted to the agency.
In response to a question, Parks & Recreation Director Kevin Dunbar said this
agreement allows the City to hold six events during the year with adequate notice. The City
only is responsible for capital items. Winning Inning, inc. is responsible for maintenance of the
facility and the parking area on the west side. They also will pay property taxes. The City will
put in a lighting system at a cost of $30,000, which if not used, could be removed and installed
in other City-owned facilities. He said as there currently is lighting on the site, the new lighting
system would not adversely affect residents. The net effect of this agreement saves the City
approximately $30,000 - $50,000 a year, plus provides a service to the community. The
agreement includes a 30-day exit clause.
In response to a question, Mr. Dunbar said there is only one offer out there right now to
take on the maintenance of this stadium. Costs were estimated at $175,000 a year for the City
to maintain the facility.
PW PUBLIC WORKS
1. Approve a work order to Parsons. an Enqineer of Record. for desion-build services for
Allioator Creek Channel A Stabilization at Northeast Coachman Park in the amount of $488.510
and authorize the appropriate officials to execute same. (Consent)
Design and permitting of the "Alligator Creek Implementation Projects, Phase II" which
includes that group of projects between U.S. 19 and NE Coachman Road is scheduled this
fiscal year. However, partial implementation of the proposed channel widening and stabilization
between Old Coachman Road and NE Coachman has become imperative due to the erosion of
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all soils surrounding a sanitary sewer manhole approximately 400 feet south of NE Coachman
Road. The erosion is endangering the integrity of the sanitary manhole structure and sanitary
lines.
Parsons responded to the City's design criteria package for design-build services to
design, permit and construct such channel improvements as may be immediately required to
secure the sanitary sewer and manhole and be consistent with the Alligator Creek Watershed
Management Plan (June 1997) and as described in the Technical Specifications dated October
2003. Construction is to be completed within seven months of the issuance of the Notice to
Proceed.
Resolution 02-51 was passed on November 21, 2002; establishing the City's intent to
reimburse certain project costs incurred with future tax-exempt financing. The projects identified
with 2004 revenue bonds as a funding source were included in the project list associated with
Resolution 02-51.
Sufficient budget for interim financing or funding with 2004 Stormwater Utility Revenue
Bond proceeds when issued is available in project 357-96154, Alligator Creek Drainage
Improvements.
In response to a question, Assistant Director of Engineering AI Carrier said plans are to
stabilize the area with small gabian rocks and soil material to provide a natural look. The area is
basically 700 feet.
2. Award a contract for the Clearwater Municipal Marina Maintenance Dredaina. Contract
Number 01-0006-MA to L.J. Clark Construction. Inc. for the sum of $378.400 which is the lowest
responsible bid received in accordance with the plans and specifications and authorize the
appropriate officials to execute same. (Consent)
The work required under this contract is the removal and transport of approximately
12,000 cubic yards of material, which has filled in a portion of the City of Clearwater Municipal
Marina located at 25 Causeway Boulevard. The marina has not been dredged since 1989. Wind
blown sand from the beach has caused the bottom at many of the boat slips to be exposed at
extremely low tide and to limit the use of the facility. Dredged material will be transported to City
owned property on Sand Key. One hundred fifty (150) days will be allowed to complete the
project to take into account for delays that may be caused by weather and tidal conditions and
to accommodate relocation of vessels.
Sufficient funds are available in capital project 315-93496 to fund $178,400 of the
contract. A first quarter budget amendment will transfer $200,000 from capital project 93494,
Fuel Tank Replacement, to cover the balance of the contract. The $200,000 will be recouped in
the next two to three years and will not impact the fuel tank replacement that is scheduled for
2007.
It was remarked the sand could not be used to renourish beaches due to its inferior
quality; therefore it will be deposited under the Sand Key bridge.
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3. Award a contract for the Lift Station #1 and #6 Improvements (o3-0040-UT) to TLC
Diversified. Inc. of Palmetto. Florida in the amount of $462.442.20. which is the lowest
responsible bid received in accordance with plans and specifications. (Consent)
Based on evaluations of the City's sewer system, Lift Stations #1 and #6 must receive
high priority for upgrade as part of the overall rehabilitation of the City's wastewater collection
system. This construction contract includes the improvements to Lift Stations #1 and #6
rehabilitating the existing structures and replacing the existing equipment, which is in need of
repair due to age and wear.
Lift Station #1 is located at #1053 Sunset Point Road (South side of Sunset Point Road
East of Edgewater Drive). Lift Station #6 is located at 599 Woodlawn Street (South Side of
Woodlawn Street at Hamlet Avenue).
Lift Station #1 is an aging duplex submersible lift station. The proposed improvements at
Lift Station #1 provides for the removal of the existing pumps, piping and controls, construction
of new top slab, and the installation of a new fiberglass wet well liner, precast valve vault,
submersible pumps, RTU Panel and antenna and the necessary electrical and instrumentation
to complete the project. Also included is the installation of 750 linear feet of 6" diameter force
main to manifold this lift station to the force main out of Lift Station #2.
Lift Station #6 is an aging duplex lift station. The proposed improvements at Lift Station
#6 provides for the removal of the top slab and side walls of the existing valve vault to grade,
removal of existing pumps, construction of new top slab and hatches, installation of a new
fiberglass wet well liner, submersible pumps, RTU panel and antenna, and the necessary
electrical and instrumentation to complete the project.
Sufficient budget is available in project 343-96686, Pump Station Replacement.
Work will commence after award and execution of the contract and will be completed
within 180 days.
In response to a question, Assistant Director of Engineering Glenn Bahnick said this
contract has no effect on the lift station at City Hall.
4. Approve and accept that certain nonexclusive Sovereiqn Submeraed Lands Easement
Number 30618 to be subsequently conveyed by the Board of Trustees of the Internal
Improvement Trust Fund of the State of Florida. toaether with terms and conditions as defined
therein. said easement to encumber a certain parcel of submerqed land runnina southeast from
Baymont Street to Memorial Causeway in Section 8. Township 29 South. Ranqe 15 East as
more particularly described therein and authorize the appropriate officials to execute same.
(Consent)
During the summer of 2002, the City contracted reconstruction of its sanitary pump
station #11 on the northwest corner of Mandalay Avenue and Baymont Street on Clearwater
Beach. Utilizing directional drilling technology, the project included subaqueous installation
below Clearwater Harbor of a new 16-inch force main extending about 2500 feet from the end of
Baymont Street to the south side of the Memorial Causeway.
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The proposed conveyance provides a 50-foot wide easement to encumber 2.34 acres,
more or less, across the State's sovereign submerged lands of Clearwater Harbor within which
the new force main has been routed.
Among terms and conditions of the easement grant, should the State ever amend its
rules related to fees for submerged lands easements, the City may become liable for payment
of those fees.
The grant also provides that the State may terminate the easement upon 30 days notice
if the City should fail or refuse to comply with any easement conditions or provisions. In the
event of termination, the City must remove its structures within 10 days following expiration or
cancellation, or the State may authorize removal and sale of the structures and equipment.
In response to a question, City Attorney Pam Akin said the City could be liable for
payment of fees if the State ever amends its rules but did not know the amount of the fees. A
question was raised regarding the timeframe for the City to remove its structures in the event of
cancellation or termination. Staff is to check with the state agency regarding those terms.
PLD PLANNING
2. Approve the Desian Principles that will auide the preparation of the Downtown Desian
Guidelines. (Consent)
As the Clearwater Downtown Redevelopment Plan was developed, each major element
was discussed with the City Commission for policy direction prior to the actual drafting of the
element. Based on the effectiveness of this approach, the Planning Department recommends
this process be used in the preparation of the Downtown Design Guidelines.
To assist in the development of the Guidelines, a steering committee comprised of
members of the Main Street Design Committee, a representative from the Community
Development Board, representatives from the Old Bay and East Gateway neighborhoods and
design and construction professionals has been established. The Downtown Design Guidelines
Steering Committee (DDGSC) will work with the Planning Department to prepare draft
Guidelines that will be presented to the Commission for policy direction and conceptual
approval.
The Committee and the Commission's review schedule of the Design Guidelines have
been organized around four major topics of discussion. The first one is Design Principles and is
the subject of this agenda item. This topic centers on the basic principles that will guide the
formulation of the Guidelines. Attached is a paper that details the goals of design guidelines,
what guidelines do, and the design principles for the numerous aspects of site and building
design. The Planning Department is seeking conceptual approval of the concepts presented in
the attachment (or as revised). Once this occurs, the draft Guidelines can be prepared. It is
anticipated the Guidelines will have three major elements and after each has been drafted with
input from the DDGSC, it will be presented to the Commission for conceptual approval. The
review schedule for each major section is as follows:
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Topic
New Construction
Rehabilitation of Existing Structures
Signs and Miscellaneous
Date
February 19, 2004
March 18, 2004
April 15, 2004
Planning Director Cyndi Tarapani reviewed the design principles and asked if staff is on
the right track.
It was remarked public education is needed regarding the philosophy of architectural
elements, building placement, design, and form, and site design. She said people are used to
suburban orientations. A comment was made the arcade fayade design is very pleasing, as the
storefronts are recessed from the exterior fayade and the residential units above them line up
with the fac;ade to prevent obstruction of views. It was noted the orientation of the building to
the street, the separation of buildings, and lot coverage also are important.
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Discussion ensued regarding how to address the color of a building. It was remarked
that color is the most emotional part of the design guidelines as it reflects one's personal taste
and creativity. Ms. Tarapani said staff would be responsible for reviewing those types of
applications with the Development Review Committee and the CDB. It was stated it is difficult
to balance maintaining standards without stunting redevelopment. Ms. Tarapani said staff
would compile examples of color schemes in relation to architectural design. She said painting
does not require a permit. Subjectivity and interpretation play an important role in balancing
standards of design. Ms. Tarapani said plans are to bring one chapter per month forth to the
Commission for review beginning in February. The Steering Committee will review the concepts
prior to presentation to the Commission.
Discussion ensued regarding adding the topic of transparency of windows on building
fronts to the list for discussion. Ms. Tarapani said staff had planned to add that topic to the
section regarding new construction.
Ms. Tarapani said staff is requesting the Commission formally vote on this section of the
design guidelines on Thursday night. Appreciation was noted with staff's efforts regarding the
progress of the Design Guidelines.
CA LEGAL DEPARTMENT
1. Approve a Quit Claim Deed from the City of Clearwater to the Sea Captain. a Florida
General Partnership. conveyina any interest the City may have to the Sea Captain Resort Motel
property located at 40 Devon Street. Clearwater. Florida. 33767
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For many years there has been a question as to ownership of some of the upland
property in the Southwest corner of the Clearwater City Marina (or Water Lot 1). The history
regarding conveyances of the property, in relevant part, is as follows. As of 1951, the City of
Clearwater owned a portion of the subject property, specifically, a portion which is now known
as the Sea Captain Motel. The City conveyed its interest via Quit Claim Deed (as recorded in
O.R. Book 1324, Page 409) in 1951. The conveyance passed any interest the City had". . .to
the existing high water mark in Clearwater Harbor. . . together with all riparian rights thereunto
appertaining. "
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. At some time in 1957, the then-owner of the Sea Captain Motel built a seawall on the
north side of the property. Reconciling where the seawall lies relative to the high water mark
referred to in the City's deed prompts confusion on the property boundary. The City, among
others, has not been able to determine where the high water mark was at the time of its
conveyance in 1951, and as a result, where the City's interest technically ended for purposes of
the transfer of title.
In any event, the City conveyed any and all interest it had in the property. Any lands to
the North of the high water mark would be considered sovereign submerged lands. Harry Cline,
Esq. has approached the City requesting that a Quit Claim Deed be executed and delivered to
his client, Mr. Eifert, in order to assist in clearing title. Mr. Cline has indicated that he also
intends to complete the process dictated by Florida Statute Section 253, which is to secure his
client's interest to any filled lands inside the seawall (that would be categorized as filled
sovereign submerged lands) in the event a gap exists between what the City conveyed and the
seawall. Such filled lands are subject to transfer of title by the state under the statute. The City's
Quit Claim combined with a conveyance by the state under the statute would clear title in the
Sea Captain's name.
In response to a question, Ms. Akin said this area is located near a seawall and is not a
large piece of property. The old quitclaim deed went to the mean high water line at the time of
the deed. As the mean high water line has since moved, it created a gap in the title.
Other Commission Action
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Commissioner Hamilton reminded everyone of Saturday's and Sunday's Barnes & Noble
Bookstore fundraiser for the new Main Library.
Adiourn
The meeting adjourned at 11 :36 a.m.
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